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April 9th, 2019:

Third Census lawsuit ruling against Trump administration

Once, twice, three times an injunction.

A federal judge in Maryland ruled Friday against the government’s addition of a citizenship question to the 2020 Census, The Washington Post reported Friday.

Judge George J. Hazel found that in deciding last year to add the question, the government violated administrative law, according to The Post. The ruling will probably be appealed to the U.S. Supreme Court, as is expected with two similar cases.

The case has Texas connections. Lawyers representing the Mexican American Legislative Caucus, the Senate Hispanic Caucus, and several Texas-based nonprofits that advocate for Latino and Asian residents have appeared before Hazel to make arguments in the case.

The plaintiffs have challenged the inclusion of the citizenship question on several fronts, alleging that it violates the U.S. Constitution’s Equal Protection Clause, the Enumeration Clause and a federal law that governs federal agencies and their decision-making processes.

The Post reported that in his ruling, Hazel wrote, “The unreasonableness of Defendants’ addition of a citizenship question to the Census is underscored by the lack of any genuine need for the citizenship question, the woefully deficient process that led to it, the mysterious and potentially improper political considerations that motivated the decision and the clear pretext offered to the public.”

See here and here for the previous rulings, and here for more on this case. All three rulings focused on statutory issues, with constitutional issues either not being part of the case (as with the first lawsuit) or not getting the same favorable treatment. That may bode well for the forthcoming appeal to SCOTUS, as the questions are much more narrowly defined. Here’s hoping. Daily Kos has more.

Curbside glass recycling is back

Hooray!

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Houston residents can resume putting glass in their curbside recycling bins, city officials said Thursday at the opening of a recycling facility in northeast Houston.

The new plant, outfitted with advanced technology including a glass cleanup system, is operated by FCC Environmental Services, a Spanish firm that received a 20-year, $37 million deal to handle the city’s curbside recycling. With the plant’s opening, Mayor Sylvester Turner has effectively capped what proved to be a years-long struggle over the city’s recycling program, generated by plunging commodities prices that coincided with multiple tight city budgets.

The funding constraints prompted Turner to strike a two-year deal with the city’s longtime recycling provider, Waste Management, in which the city accepted only paper, cardboard, plastics and metal cans in the green bins used for its curbside recycling program. The move lowered processing costs under the stopgap deal before the city inked a long-term contract with FCC.

To recycle glass, residents for the last three years were required to drop off their containers at the city’s neighborhood depositories. Those facilities remain open, but residents can immediately begin recycling their glass curbside, Solid Waste Management Director Harry Hayes said.

[…]

Under the contract with FCC, the city pays a maximum of $19 per ton to process recyclables in a weak commodities market, limiting its liability when prices decline. The city would recover a larger share of the revenue if prices for recycled material improve.

The city also owns the $23 million, 120,000-square-foot plant under the contract, though FCC will continue to manage operations and maintenance. On Thursday, the firm’s CEO, Pablo Colio, said the facility’s opening marked “the first of many (milestones) to come from our partnership” with Houston.

See here and here for the background, and here for the Mayor’s press release. I’m just glad to have this back, and I’m glad the city has a workable deal in place. Hopefully, the market for recyclable material will improve and make this even better.

How long will that TEA ethics investigation of HISD take?

Could be months, but they don’t really know.

The state investigation into allegations of Open Meetings Act and procurement violations by some Houston ISD trustees could last months, a top Texas Education Agency official said Saturday, potentially leaving the district and its superintendent search in limbo.

At a town hall attended by about 50 people, TEA Deputy Commissioner of Governance A.J. Crabill said state officials are still conducting a special accreditation investigation into HISD, with the most severe possible punishment resulting in school board members surrendering their powers to a state-appointed governing team. TEA officials have not provided a timeline for the investigation, which started in January, but Crabill said initial results likely are not imminent.

“My best guess is that the state is still several months away from a preliminary report,” Crabill said, while cautioning that he is not directly involved in the investigation.

Crabill’s comments came during a wide-ranging question-and-answer session, held at a downtown Houston church, that offered some clarity to residents concerned about the threat of sanctions looming over Texas’ largest school system. In addition to any fallout from the state investigation, HISD likely would lose local control of its school board if any one of four chronically low-performing campuses fails to meet state academic standards this year.

Crabill offered no hints as to whether HISD’s school board will fall out of power, telling the crowd it’s too early to predict outcomes of the state investigation or academic performance this year. He reassured those in attendance that an appointed board would hold power for only a few years, gradually transitioning back to a locally elected body.

The state-appointed board would be tasked with addressing a narrow set of pressing issues while carrying out the day-to-day functions of a traditional school board, Crabill said. In HISD’s case, the state-appointed board primarily would be tasked with improving student achievement at the lowest-performing campuses, where standardized test scores rank near the bottom in Texas and historical patterns suggest about two-thirds of graduates will not enroll in college.

See here, here, and here for the background. My understanding is that the accountability scores should be known by about August or so, meaning that we’ll know by then if the schools that must meet standards have done so or not. As is usually the case with these stories, I’m lost for much to say beyond I hope everything works out.