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The Noah Defense
I didn't expect Noah's ark to become part of the battle over the Rio Grande.
Yet, that's exactly what happened this week. More than 20 members of Congress want to join a federal lawsuit to help protect Gov. Greg Abbott's controversial buoy barrier in the Rio Grande and are referencing the famous story from the Book of Genesis in the Bible.
The federal government has sued to force Abbott to remove the barriers, saying he's violated the federal Rivers and Harbors Act by not getting prior approval from the U.S. Army Corp of Engineers. Any structure put in a navigable waterway is supposed to be reviewed by them.
But the 20 members of Congress who want to join the suit question whether the Rio Grande should be considered a navigable waterway still. While was once was, they say changes have made water levels plummet and in some cases, it is more like a stream. That means the federal government can't rely on that same definition as they did 50 years ago, the members of Congress argue.
"Indeed, if one takes the Book of Genesis literally, then the entire world was once navigable by boats large enough to carry significant amounts of livestock," they wrote, specifically citing the passage from the Bible in their legal filing. "Under the federal government's theory, these anecdotes would render any structure built anywhere in Texas an obstruction to navigation subject to federal regulation."
Abbott's lawyers aren't referencing Noah, but they are trying to similarly argue that the Rivers and Harbors Act doesn't apply to their buoys because it's different from a structure the law envisioned and is in shallow water that isn't navigable. More on all that in my latest here.
 | Jeremy Wallace, Texas politics reporter |
Who's up, who's down
Up: ERCOT.
Despite the record-breaking energy demand all week, the state's grid operator is indicating that the system has been able to withstand it all.
Down: Sales Taxes.
Well at least for three days. Starting tomorrow, the state eliminates sales taxes on most clothing, footwear, school supplies and backpacks (sold for less than $100) during the annual Tax-Free Back-to-School shopping weekend.
What do you think? Hit reply and let me know.
What else is going on in Texas
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Pick of the day
Photo by: Jeremy Wallace
348,000
That is the number of veterans who have had health benefit claims accepted, including more than 100,000 burn pit exposure cases, in the last year thanks in part to passage of legislation in Congress. President Biden was in Utah on Thursday highlighting the legislation which passed with bipartisan support.
What else I'm reading
New York City Mayor Eric Adams on Wednesday called for the federal government to declare a state of emergency to manage the "crisis" at the border, saying the influx of asylum seekers could end up costing the city billions of dollars in the coming years. NBC News reports that Adams said more than 57,000 migrants are under the city's care on an average night and nearly 100,000 asylum seekers have sought shelter there since last year.
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