Showing posts with label Resource Conservation and Recovery Act. Show all posts
Showing posts with label Resource Conservation and Recovery Act. Show all posts

Thursday, May 12, 2016

It's A Small World and Shrinking by the Hour,Judge Kopf

It's a long story how I know the name of a Senior United States District Judge for Nebraska. In fact, I have known several over the years from the lower courts to the Appellate courts, both state and federal. There have been a few lawyers woven in the fabric of this family from time to time.  While physically meeting face to face growing up, it was his father that I knew better and admired for having been on the bench himself.  

Then, years later, I ran across a blog, Hercules and the Umpire, that the distinguished and gruffing Senior U.S.District Judge had authored. My reading enjoyment of his points of view about life as well as law was a delight until someone caused him to 'forever end' his blog. That enjoyment  in reading his writing ended in just under a year. Since then, I have gone back to his archive and read most of his writings on that blog.

Just today, I read a sports article about a guy who had filed a suit in U.S. District Court in Nebraska saying that under the Resource Conservation and Recovery Act balloons that were being released at Nebraska football games after first point scores (it has been going on for 50 years and well settled that it is a tradition) were"carried away by the wind and forces of nature" and that the "balloons and attached ribbons present a serious threat to wildlife through entanglement" Randall Krause, of Omaha said in his suit. He continued to say that "the balloons, which are made of latex, are also dangerous for animals if eaten". The story was reported in the Lincoln Journal Star and on the Internets, Sam Cooper, Dr. Saturday, at Yahoo Sports.

Obviously, the suits self-authored claim that wildlife can be harmed has never watched any wildlife nest cams or videos. There is a nesting pair of Ospreys now, currently raising their chicks in a nest of plastics and string and yes, even a thonged flip flop shoe. This past week, I watched on the news where a Wildlife Ranger had to remove a glass globe from the head of a deer. If, I had any concerns about balloon releases, it would be more for one being sucked into a jet engine over any harm to wildlife and I love wildlife passionately.

On the flip side of the previous paragraph, over the past 15 years, several people have ask me if I could take a picture of a balloon release in memory of a stillborn life or a sudden death.  It is something that I am more than glad to do in as much as I have lost a son and the pain, while less now after 18 years, still hurts and never goes away. And, at certain times when the need arises, I'll stop at Kroger's and buy a Mylar balloon, pen a note with an email address or phone number, tie it to the ribbon and go out away from trees and high-tension power lines and release it to be "carried away by the wind and forces of nature" as Mr. Krause stated in his suit.

So, for some unknown reason, after reading the article on Dr. Saturday, I went to the bookmark for Hercules and the Umpire and discovered that Judge Kopf is once again writing, but not on his blog as he has forever ended, rather he us writing for mimesislaw and last week enjoyed his pipe at a Law Conference in Rogers, Arkansas, little did he know that he wasn't the only boy from Toledo to be in Rogers, Arkansas that week. My middle brother lives there now. But, it is amazing, if not amusing how small the world has become and how so many things bring people together today. It is to be hoped that Judge Kopf will  get to hear this case about Nebraska Football Red Balloons being "carried away by the wind and forces of nature" and how the Resource Conservation and Recovery Act is being well managed by a pair of Ospreys in Maryland and should not include balloons from Nebraska at all.

And Judge, to wit: Volenti non fit injuria,  Latin: "to a willing person, injury is not done". Thanks, I'm glad I can read you writings again!! We are peers, Judge.
A latex balloon that run out of helium


Mylar that trees catch all the time

Another latex balloon low on helium.All these were found on the same day. At least Nebraska Football only releases once every home game!!

April Steps Fell, Weather brought shut-in days. Happy May Day, Too!

Springtime in Texas is mixing up the cold air with the warm moist Gulf air inflow, but it was still, a pretty good month weather, health and...