Eber: Force Majeure California Style

California has plenty of water.  Yet, we have a drought.  Sacramento Democrats prefer our water flow into the ocean instead of being used by farmers and residents.  The people of California voted $2.7 billion for water storage facilities—and the Democrats refuse to spend that money.  Drought?  Only because Democrats want that.

“Environmentalists are correct to say the near record snow pack in the Sierras will not end the draught. When it melts in the spring, most of it will end up in the ocean.  There are not adequate storage facilities to store it.

The environmental lobby doesn’t care as saving fish, red tailed frogs, and harvest nice are more important to them than having water for the cities and California’s multi-billion dollar agra-business interests.  Cutting back usage is the only language they know.

For Gavin Newsom and his cohorts in the legislature, it is easier to blame Donald Trump and Republicans for any calamity.  Be it Cap and Trade, eliminating fossil fuels, poor forest management, killing the trucking industry, and insisting on issuing an Environmental Impact Report for anything beyond blowing ones nose, they are oblivious to what is going on around them.”

Force Majeure California Style by Richard Eber

Aerial view of water carrying aqueduct in Outer Los Angeles, California.

Richard Eber, Exclusive to the California Political News and Views, 2/4/22

In the quest for a perfect universe Progressive Government in California and Washington D.C. believes they can legislate or utilize executive action to promote safety, prosperity, equality, among other things. They think their constituents need guidance from above to cover any contingency that might befall people’s lives.

Nowhere in their Pollyanna has view of the universe done the concept of “shi? Happens” ever come into play. This phenomenon for which the French are given credit refers to:

“Force majeure is a term that literally means “greater force.” It is related to the concept of an act of God, an event for which no party can be held accountable, such as a hurricane or a tornado. Force majeure also encompasses human actions, however, such as armed conflict. Generally speaking, for events to constitute force majeure, they must be unforeseeable, external to the parties of the contract, and unavoidable.”

A classic example of this is how the Covid-19 epidemic.  For almost two years the public school system of California has been in a state of paralysis of how they should handle this crisis.  On one side of the pendulum is making sure students, teachers, and workers are safe.  Balancing this equation has been the needs of students to receive in person interactions that only can be had within classrooms.

For the first year of Covid 19 under the guidance of Dr, Fauci, learning was done remotely with kids staying at home.  After a year of this it was determined this system was not working.  Students, especially from lower economic classes, were falling behind in the studies.  Parents found that the social skills of their children were also suffering being separated from their friends.

Last fall parents demanded in person learning.  In California and several Blue Democratic strong holds including New York and Chicago, were not achieving this objective. Led by the CDC’s Dr. Fauci and Teachers Union President Randi Weingarten, demanded kids to stay home unless they were vaccinated, wearing masks, and social distancing.

With the onset of the Omicron strain there was considerable consensus in the Union for remote learning to become once again the law of the land.  Parents rebelled as they believed staying at home constituted unbearable collateral damage they did not want to contend with.

Families pointed out

  • Vaccines, social distancing and masks did not stop the spread of Omicron.
  • The health risk for students and faculty for this strain is about on the same level of a cold or mild case of the flu.
  • Remedies, if made available by the Biden Administration further reduce the chance of serious infection in the schools.

Currently, in different parts of the country, communities are using different systems to reign in Omicron.  Basically in Blue regions led by teachers unions a belt and suspender conservative approach has been taken avoiding illness at all costs. Such an approach ignores the effects of remote learning and wearing face masks when in school teaching takes place.

Unfortunately, California public schools that pre-Covid 19 ranked 46th in the nation with proficiency in English and Math, fell even further behind

In contrast Red States such as Idaho and Florida, things are pretty much back to normal with masks optional. Parents have been given the choice of their children attending school or be educated remotely

Beyond what has transpired in the schools, continuing controversy of dealing with Covid 19 in, markets, restaurants, stores, and business continues unabated.  America has learned Force Majeure has as many shades and variants as Covid-19.

Mankind vs. Nature

This is not the only area that controversy has occurred with mankind vs. nature.  Since Global Warming and Climate change has come into vogue, extremes in weather have been blamed on pollution.  Hurricanes, floods, forest fires, snow storms, draughts, and virtually any type of calamity are perceived to be the fault of those not following the green agenda.

Of course there are few facts to back these “green” theories up not mention why extreme weather existed long before climate change was invented.  It would not be surprising if volcanic eruptions or earthquakes will soon be found on the environmentalist hit list to be manmade calamities.

In California acts of God and nature are not highly regarded in Sacramento. 

Lack of water has been a problem in the Golden State going back since the Spanish settlers put down their stakes.  While population increased to the current total of about 40,000,000 people, creating additional supplies of H2O has come to a virtual standstill.  While there is adequate funds set aside for new projects, very little has been done in the last half century.

Between the cumbersome environmental review process and challenges in the courts, a state of paralysis has taken place.  When Donald Trump offered to raise the height of Shasta Dam, this proposal was rejected out of hand by Governor Newsom.  There is even an effort to tear down existing dams in the name of restoring lost fish habitat.

Environmentalists are correct to say the near record snow pack in the Sierras will not end the draught. When it melts in the spring, most of it will end up in the ocean.  There are not adequate storage facilities to store it.

The environmental lobby doesn’t care as saving fish, red tailed frogs, and harvest nice are more important to them than having water for the cities and California’s multi-billion dollar agra-business interests.  Cutting back usage is the only language they know.

For Gavin Newsom and his cohorts in the legislature, it is easier to blame Donald Trump and Republicans for any calamity.  Be it Cap and Trade, eliminating fossil fuels, poor forest management,  killing the trucking industry, and insisting on issuing an Environmental Impact Report for anything beyond blowing ones nose, they are oblivious to what is going on around them.

With virtually no opposition from the GOP, assorted lobbyists and special interests provide most of the input State Government receives. Force Majeure does not exist because Progressives believe passing a new law fixes everything.  Who cares what the effects collateral damage might be?