Earth Law

{(set: $Court to "Court") (set: $Appeal to "") (set: $Review to "") (set: $Adjective to "") (set: $Counter to 0) (set: $CourtOptions to (a: "Court", "Court", "Court", "Court", "Jury", "Tribunal", "Panel", "Court", "Ombudsman", "Advocate", "Inquisitor", "Tribune", "Auditor", "Auditor-General", "Investigator", "Guardian", "Steward")) (set: $CourtPrefixOptions to (a: "District", "Circuit", "Crown", "Lower")) (set: $AppealOptions to (a: "Appeal", "Review", "Resolution", "Applications", "Bids", "Petitions", "Pleas", "Petitions", "Guardianship", "Discretion", "Mercy", "Justice", "Wisdom")) (set: $ReviewOptions to (a: "Scrutiny", "Equity", "Due Process", "Firm Resolve", "Applications", "Bids", "Petitions", "Pleas", "Petitions", "Mercy", "Justice", "Wisdom", "Entanglements", "Animacy", "Lawscapes")) (set: $UpperOptions to (a: "Upper", "Upper", "Upper", "Revolutionary", "Lower", "Regional", "Grand", "Public", "Further", "Special", "Extraordinary", "Independent", "Subregional", "Upper", "Higher", "Crown", "Royal", "People's")) }(goto:"Brief Strange Judgment")

(set: _dream to 0)(if: $CourtName is not "Oprah") [''*The*''] ''*$CourtName, R ($mott) v Environment Agency*'' (print:(random: 1,28)) $month $Year (if: (random: 1,7) > 1)[''Discussion.'' (display:"Brief Strange Mott is This Salmon is That") (display: "Salmon Sample")] (else:) [(display: "Poetic Justice") (set: _dream to 1)] ''Decision.'' I would $decision → [[Appeal]] (if: _dream is 1)[(display: "Dream Illustration")] (else:) [(if: (random: 1,2) is 1)[(display: "Illustration")]]

{(set: $Counter to it +1) (if: $Counter is 1) [(set: $CourtName to (either: "County Court", "Magistrates' Court"))] (if: $Counter is 2) [(set: $CourtName to (either: "Crown Court"))] (if: $Counter is 3) [(set: $CourtName to (either: "Court of Appeal", "Upper Tribunal"))] (if: $Counter is 4) [(set: $CourtName to (either: "High Court"))] (if: $Counter is 5) [(set: $CourtName to (either: "Supreme Court"))] (if: $Counter is 6) [(set: $CourtName to (either: "Upper Supreme Court"))] (if: $Counter > 6 and $Counter < 100) [ (if: $Counter % 2 is 0)[ (set: $CourtName to (either: ...$CourtOptions) + " of ") (if: (random:1,4) is 1) [(set: $CourtName to it + " " + (either: ...$UpperOptions) + " ")] (set: $CourtName to it + (either: ...$AppealOptions)) ](else:)[ (set: $CourtName to (either: ...$UpperOptions) + " " + it) (if: (random:1,3) is 1) [(set: $CourtName to it + " and " + (either: ...$ReviewOptions))]]] (display: "Top Up Arrays") (if: (random:1,50) is 1 and $Counter > 12) [(set: $CourtName to "Oprah")] }

{(set: $Year to it + (random: 1,2)) (set: $decision to (either: "uphold the appeal.", "dismiss the appeal.")) (set: $month to (either: "January", "February", "March", "April", "May", "June", "July", "August", "September", "October", "November", "December")) (if: $Year>2020) [(set: $Year to (random: 500, 2020))] (if: $Year<1000) [(set: $month to (either:"Evernever", "Ember", "Jemblewary", "Frostweary", "Mark", "April", "July", "August", "September", "October", "November", "Murr", "Greenleaf", "Fallenwell", "Hellerick", "Firetop", "Steptover", "Killjester"))] (if: $Year<800) [(set: $decision to (either: "dismiss the appeal.", "overturn the appeal.", "wallow in the appeal.", "swim in the appeal.", "trap the appeal in a conical open-weave basket.", "ignore the appeal.", "permit the appeal to swim away.", "permit the appeal to leap upstream.", "permit the appeal to spawn.", "divert the appeal up a different river."))] (if: $Year<2010)[ (if: (random: 1, 7) is 1) [ (set: $Year to (random: 100, 4000)) ] ] (display: "Rename Court") (if: (random: 1,20) is 1)[(display: "Rename Mott") (set: $Counter to (random: 1,12)) (display: "Rename Court") (goto: "Earliest Judgments")] (if: (random: 1,10) < 5) [(goto: "Brief Strange Judgment")] (else:) [(goto:"Late Court Judgment")]}

{(if: $Counter is 10)[ (set: $CourtOptions to it + (a: "Cloister", "Choir", "Bureau", "Jury", "Taskforce", "Assembly", "Parliament", "Senate", "Chamber", "Euphor", "Envoy", "Legate", "Classis", "Consistory", "Inquisitor", "Auditor", "High Fox")) (set: $CourtPrefixOptions to it + (a: "District", "Circuit", "Crown", "Diadem", "Lower", "Interstellar", "Transhistorical", "Atemporal", "Galactic", "Universal", "Transdimensional")) (set: $AppealOptions to it + (a: "Charisma", "Whimsy", "Veracity", "Verisimilitude", "Unpalateable Particulars", "Verity", "Rectitude", "Real Deals", "the Tea", "Pending Possibilities")) (set: $ReviewOptions to it + (a: "Scrutiny", "Equity", "Due Process", "Firm Resolve", "Applications", "Overthinking", "Underthinking", "Exactitude", "Convenience", "Bids", "Vanity", "Persistence", "Analysis", "Assay", "Injustice", "Petitions", "Balance", "Future Generations", "Others", "Consensus", "Dissensus", "Pleas", "Voices", "Petitions", "Mercy", "Justice", "Norms", "Reconciliation", "Prevalence", "Wisdom", "Entanglements", "Animacy", "Lawscapes")) (set: $UpperOptions to it + (a: "Upper", "Upper", "Decolonial", "Deanthropic", "Ever-Twirling", "Governing", "Pensive", "Controlling", "Empowering", "Upper", "Revolutionary", "Citizens'", "Stakeholder", "Lower", "Subaltern", "Regional", "Grand", "Faery", "Galactic", "Counterpublic", "Subcultural"))] (if: $Counter is 19) [ (set: $CourtOptions to (altered: _animal via (either: "Mouse ", "Shrew ", "Stoat ", "Weasel ", "Rabbit ", "More-than-Rabbit ", "Rat ", "Mouse ", "Shrew ", "Stoat ", "Weasel ", "Rabbit ", "Rabbit ", "Rat ", "More-than-Mole ", "Ferret ", "Crow ", "Baboon ", "Lobster ", "Crab ", "Wallaby ", "Platypus ", "Wombat ", "Slow Loris ", "Mantis ", "Salamander ", "Octopus ", "Squid ", "Owl ", "Otter ", "Beaver ", "Spider ", "Pigeon ", "Cat ", "Kitten ", "Dog ", "Hawk ", "Kingfisher ", "Penguin ", "Snail ", "Bear ", "Snake ", "Partridge ", "Pheasant ", "Grouse ", "Goldfish ", "Koi Carp ", "Eel ", "Dolphin ", "Bee ", "More-than-Badger ", "Horse ", "Pony ", "Anteater ", "Buffalo ", "Cow ", "Duck ", "Wren ", "Beetle ", "Frog ", "Toad ", "Mole ", "Vole ", "Camel ", "Parrot ", "Raccoon ", "Ant ", "Eagle ", "Mole ", "Vole ", "Otter ", "Fish ", "Jellyfish ", "Dolphin ", "Bear ", "Whale ", "Panther ", "Lion ", "Dragon ", "Mouse ", "Ant ", "Cat ", "Pug ", "Labrador ", "Poodle ", "Greyhound ", "Huskie ", "Beagle ", "Spaniel ", "Jackal ", "Hyena ", "Giraffe ", "Antelope ", "Springbok ", "Moose ", "Ostrich ", "Swan ", "Rhino ", "Hippo ", "Elk ", "Eland ", "Turtledove ", "Turtle ", "Gator ", "Mongoose ", "Elephant ", "Badger ", "Hedgehog ", "Fox ", "Raccoon ", "Raven ", "Crow ", "Dove ", "Tiger ", "Leopard ", "Unicorn ", "Possum ", "Kangaroo ", "Rabbit ", "Hare ", "Moth ", "Wolf ", "Monkey ", "Pig ", "Cow ", "Sheep ", "Butterfly ", "Worm ", "Broccoli ", "Snail ", "Slug ", "Falcon ", "Puma ", "Coronavirus ") + _animal, ...$CourtOptions)) (set: $ReviewOptions to (altered: _adjective via (either: "Obdurate ", "Stout ", "Brave ", "Ultra ", "Ultramagnetic Funkadelic ", "Grave ", "Boundless ", "Star ", "Peaceable ", "Hyperobject ", "Overlapping ", "Unquantifiable", "Intrinsic ", "Kink ", "Ducal ", "Hot Ducal ", "Scoping ", "Exploratory ", "Initial ", "Monadic ", "Trans-Bovine ", "More-than-Human", "Autonomous ", "Reconciling ", "Conciliatory ", "Slight ") + _adjective, ...$ReviewOptions)) ]}

(either: "Fins", "Scales", "Flanks", "Fins", "Scales", "Flanks", "Gape-mouthed globetrotters", "Greygold flanks", "Pearl-bright scales", "Bodies", "Ray-finned fish", "Far-come wayfarers") (either: "flash", "flourish", "wrestle", "slash", "spurt", "leap", "gold glint", "glint", "flop", "slither", "arc", "slither and spark", "urge") (either: "against", "in", "up") (either: "the stream-surf", "river-roar", "the riverfoam", "the foam", "rocks", "the current", "the surge", "the ladders").

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*''R ($mott) v Environment Agency [2018] UKSC 10''* ''Background'' ''The Putcher Rank.'' The respondent, [$mr $mott]<mrMott|, has a [leasehold interest]<leasehold| in a so-called "[putcher rank]<putcherRank|" fishery at Lydney on the north bank of the [Severn Estuary]<severnEstuary|. (click: ?putcherRank) [A putcher rank is an old fishing technique, involving the use of conical baskets or “putchers” to trap adult salmon as they attempt to return from the open sea to their river of origin to spawn.] (click: ?mrMott) [$mr $mott has operated the putcher rank under successive leases since 1975. From 1979, salmon fishing has been $mr $mott’s full-time occupation.] Before the limits introduced by the [Environment Agency]<environmentAgency| in 2011, $mr $mott recounts that $his average catch was $annualCatch salmon per year, at a value of about £$salmonPrice per salmon, giving $him a gross annual income in the order of £(print: $salmonPrice*$annualCatch). (click: ?environmentAgency) [ ''The Environment Agency.'' The UK Environment Agency (EA) is a non-departmental public body, established in 1995 and sponsored by the Department for Environment, Food and Rural Affairs (DEFRA). Its remit is to protect and to improve the environment in England, addressing issues like climate change, biodiversity, flooding, pollution, and coastal erosion. It also oversees the sale of fishing licences, and the management and conservation of fish stocks, protecting and enhancing the contributions that fisheries make to society and economy.] (click: ?leasehold) [ ''The Certificate of Privilege.'' The right to operate the rank is derived from a “[Certificate of Privilege]<certificateOfPrivilege|” dated 14 May 1866, issued by the Special Commissioners for English Fisheries, and owned by the Lydney Park Estate. (click: ?certificateOfPrivilege) [The right granted by the lease is the right to take fish using putcher fishing. It is not the same as a conventional lease of land, and does not grant exclusive possession of any part of the riverbed. The putchers are required to be placed only roughly in the positions marked on the plan. The ancillary right to store equipment nearby, as designated by the landlord, appears to be in the nature of a licence. It also gives right of way along the specified track leading down to the river. ]In 1998, the current 20-year lease was granted jointly to $mr $mott and a Mr. (either: "David", "Darryl", "Derrick", "Iain", "Mark", "Benjamin", "George", "Douglas") (either: "Morbit", "Gudgeon", "Merit", "Murkit", "Bonbit", "Bonborn", "Minnow", "Merlow", "Dirge", "Dirgling", "Gurgles", "Drake", "Van Der Merwe", "Merlin"), expiring on 31 March 2018. It gives them the right to fish two stop nets and (print: $annualCatch+50) putchers, in return for payment of an annual rent in two parts: a “fish rent” equivalent to 65 pounds in weight of salmon, and a “monetary rent” of (at present) £(print: (random: 270, 300)). The tenants are required to operate the putcher rank during each fishing season unless circumstances make it impossible. Further they may not assign, sublet or part with the fishery during the term of the lease, save upon death or disability, when they may with the written consent of the landlord assign to another family member. ] (click: ?severnEstuary) [ ''The Rivers.'' (click: ?wye) [The catch conditions were imposed on $mr $mott's fishery after the Agency assessed that it was impacting the spawning in the nearby River Wye, where stocks had grown fragile and were in danger of becoming unsustainable.] The rivers [Wye and Usk]<wye| are designated as Special Areas of Conservation (“SAC”) under the European “Habitats Directive” (Council Directive 92/44/EEC), transposed into domestic law by the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”). ] ''The Assessment.'' A Habitats Regulations Assessment in 2012 reported that unrestricted catch of salmon in the estuary was [threatening the integrity]<integrity| of the River Wye SAC, and recommended that limits be placed on the use of the historic installation fisheries, including $mr $mott’s putcher ranks. (click: ?integrity) [The central consideration here was the effect of the fisheries on the numbers of salmon returning to the Wye to spawn, the stock in that river being considered to be the most vulnerable.] The findings of this Assessment were [contested]<contested| by $mr $mott. (click: ?contested) [$mr $mott commissioned $his own [expert report]<expertReport|. This was provided by a Professor (either: "Moore", "Forester", "Foster", "Minnow") of University of (either: "Auckland, New Zealand", "Oxford", "Sussex", "Bath Spa"). The disagreements between the experts were the subject of detailed study in the courts below, and, although not the subject of this appeal, form part of the context in which the Agency’s actions must be assessed.] → [[The Dispute->First Judgment 2]] { (track: 'pale_shadow', 'playwhenpossible') }

*''R ($mott) v Environment Agency [2018] UKSC 10''* ''The Dispute.'' $mr $mott and the Agency were unable to [reach agreement]<dispute|. (click: ?dispute) [Between 2003 and 2011, the Environment Agency [offered several times]<noSurprise| to purchase the lease. (click: ?noSuprise) [It is accepted by all parties that the Environment Agency’s intention to limit the operation of the historic fishing installations was evident well before the events giving rise to immediate dispute.] In 2004, 2010 and 2011 [compensation]<compensation| of between £$compensationPaid and £(print: $compensationPaid+5000) was paid to the respondents not to operate the putcher rank.] (click: ?noSurprise) [Until recently, any restrictions on historic installation fisheries have necessarily been by voluntary agreement. <a href="https://www.legislation.gov.uk/ukpga/2009/23/contents" target="_blank">The Agency Marine and Coastal Access Act 2009</a> introduced a power to limit salmon fishing by historic installations.  ''The Notice.'' ]On 1st June 2012, the beginning of the 2012 fishing season, $mr $mott was served with a notice under para 14(a) of Schedule 2 of the <a href="https://www.legislation.gov.uk/ukpga/1975/51" target="_blank">Salmon and Freshwater Fisheries Act 1975 Act</a>. This limited $his catch to $catchLimit fish for the year.  ''The Lower Courts.'' The reasonableness of the measure and its scientific basis were challenged in the lower courts. It is apparent that the restrictions had a [significant effect]<significantEffect| on $mr $mott's interest. (click: ?significantEffect) [(display: "First Judgment Significant Effect")] ''The Appeal.'' Although it is difficult, for reasons that will become apparent, to disentangle the reasonableness of the measure from its effects on $mr $mott’s rights under <a href="https://www.echr.coe.int/Documents/Guide_Art_1_Protocol_1_ENG.pdf" target="_blank">Article 1 Protocol 1</a> to the European Convention on Human Rights(either: "", "", ", the protection of property"), it is the effect on $mr $mott’s A1P1 rights that is the subject of this appeal.  → [[The Decision->First Judgment 3]]

(Either: "In the judgment of the court below, it was suggested that the lease might have retained 'some small value' if sold for leisure rather than commercial use. Given the strict limits on the power to assign the lease, this is doubtful.", "In the judgment of the court below, it was suggested that the lease might have retained 'some small value' if sold for leisure rather than commercial use. Whether or not this is correct, $mr $mott's interest is still impacted significantly.", "There is no doubt that the impact on $mr $mott’s lifestyle was severe, in that $he was prevented from engaging in the putcher rank fishing that had been became $his full-time occupation since in 1979.", "In addition to economic impacts, negative impacts on $mr $mott include the potential loss of social connectivity, and the opportunity to undertake a kind of work which $mr $mott found enjoyable and satisfying.")

*''R ($mott) v Environment Agency [2018] UKSC 10''* ''Environmental protections.'' The Environment Agency is right to emphasise that special importance is to be attached to the (either: "protection", "safeguarding", "stewardship") of (either: "nature", "biodiversity", "the more-than-human", "ecosystems services", "endangered species", "the environment"). However, this does not detract from the need to draw a 'fair balance', nor from the potential relevance of [compensation]<compensation| in that context. (either: "", "As counsel for $mr $mott pointed out, the potential need for compensation is recognised in other parts of the 1975 Act itself.")(click: ?compensation) [ ''Precedents.'' Compensation played a part in a Strasbourg case close to the present on the facts. <a href="https://www.legal-tools.org/doc/1a35b8/pdf/" target="_blank">Posti v Finland (2003) 37 EHRR 6</a> concerned a claim by two fishermen who operated under leases granted by the Finnish state. They complained that restrictions imposed by the government to safeguard fish stocks had failed to strike a fair balance under A1P1. The court held that the fishing restrictions were a [control, rather than deprivation]<control|, and that the interference was justified and proportionate; the interference 'did not completely extinguish the applicants’ right to fish salmon and saltwater trout in the relevant waters', and they [had received]<hadReceived| compensation for losses suffered (para 77).] (click: ?hadReceived) [ In <a href="https://www.bailii.org/eu/cases/ECHR/2008/1660.html" target="_blank">Pindstrup Mosebrug A/S v Denmark (2008) (Application No 34943/06), ECHR 1660</a>, absence of compensation did not prevent the court ruling inadmissible a claim in respect of restrictions on extracting peat from a state-owned bog, regarded as geologically and biologically unique. The court upheld the assessment of the domestic courts that the effect on the claimants was not unduly severe, having regard to the findings that they had not invested in production facilities for the purpose of exercising their extraction rights at the bog and that they had access to the extraction of considerable amounts of peat elsewhere.] ''Application of principles.'' I am unable to fault the judge’s analysis of the applicable [legal principles]<legalPrinciples| in this case. (click: ?control) [As already noted, (either: "he", "he", "he", "she", "she", "they") did not find it necessary to categorise the measure as either expropriation or control. It was enough that it 'eliminated at least 95% of the benefit of the right', thus making it 'closer to deprivation than mere control'. This was clearly relevant to the 'fair balance'.] (click: ?legalPrinciples)[The Agency had given (either: "no", "very little", "paltry", "scarce", "insufficient") consideration to the (either: "particular", "specific", "devastating") impact on $mr $mott's (either: "livelihood", "life and livelihood", "business"). The impact was exacerbated because the (either: "method chosen", "fishing restriction") meant that by far the greatest impact fell on $him, as compared to others(either: ".", " whose use may have been only for leisure purposes.") (either: "", "", "The Agency has been very hard on poor $mr $mott.", "Indeed the judge might have gone further. It was asserted that the lease might have retained 'some small value' if sold for leisure rather than commercial use. However, as the counsel for $mr $mott has pointed out, even that is doubtful given the strict limits in the lease on the power to assign.", "$mr $mott cannot be expected to make such a substantial change to $his lifestyle and career at this point in $his life.")] ''Decision.'' I would therefore uphold the decision of the courts below. In doing so, I would emphasise that this was an exceptional case on the facts, because of the severity and the disproportion (as compared to others) of the impact on $mr $mott. (click: ?compensation) [As the Strasbourg cases show, the national authorities have a wide margin of discretion in the imposition of necessary environmental controls, and A1P1 gives no general expectation of compensation for adverse effects.] (either: "", "", "Where the authorities have given proper consideration to fair balance (unlike this case), the courts should give weight to their assessment.") ''I would dismiss the appeal.'' → [[Appeal->Earliest Judgments]]

(set: $earlyJudgments to it + (random:1,4)) (set: $decision to (either: "uphold", "dismiss")) (if: $earlyJudgments<2)[ (goto: "Early Tradition and Generations Judgment") ] (if: $earlyJudgments<3)[ (goto: "Early Limits to Property Judgment") ] (if: $earlyJudgments<4)[ (goto: "Early Casual Language Judgment") ] (if: $earlyJudgments<5)[ (goto: "Early Redundancy Judgment") ] (if: $earlyJudgments<6)[ (goto: "Early Stakeholder Engagement Judgment") ] (if: $earlyJudgments<7)[ (goto: "Early Stranded Assets Judgment") ] (if: $earlyJudgments<8)[ (goto: "Early Animal Rights Judgment") ] (set: $decision to (either: "uphold the appeal.", "dismiss the appeal.")) (if: (random: 1, 3) is 1) [ (if: $decision is "uphold the appeal.") [(set: $decision to (either: "uphold the appeal. The Environment Agency wins.", "rule in favour of the Environment Agency, and uphold the appeal.", "uphold the appeal. Congrats, Environment Agency!", "uphold the appeal. Sorry $mr $mott, not today!", "uphold the appeal. Nice try, $mr $mott!"))] (else:) [(set: $decision to (either: "dismiss the appeal. $mr $mott wins.", "rule in favour of $mr $mott, and dismiss the appeal.", "dismiss the appeal. Congrats, $mr $mott!", "dismiss the appeal. Not today, Environment Agency!", "uphold the appeal. Nice try, Environment Agency!"))] ] (goto: "Brief Strange Judgment Setup")

*''R ($mott) v Environment Agency [2019] $court''* ''Background.'' (display: "Brief Background") (display: "Early Casual Language") ''Decision.'' I would $decision the appeal. → [[Appeal->Earliest Judgments]]

*''R ($mott) v Environment Agency [2019] $court''* ''Background.'' (display: "Brief Background") The rights conferred on $mr $mott under the lease can be seen as inherently restricted by, and dependent on, the need to maintain a healthy estuarine ecosystem. (either: "", "A contract can be frustrated when unforeseen circumstances render the performance of the obligation radically different from that which was undertaken by the contract.") Severity of the individual burden placed on $mr $mott cannot be assessed without consideration of the benefits that $he has obtained (and may obtain in future) from exploitation of salmon stocks. Expectation of livelihood must adapt with changing social environmental conditions. Furthermore, the temporary nature and the important purpose of these restrictions means that they maintain a fair balance. ''Decision.'' I would uphold the appeal. → [[Appeal->Earliest Judgments]]

*''R ($mott) v Environment Agency [2019] $court''* ''Background.'' (display: "Brief Background") (if: $decision is "uphold") [ $mr $mott has emphasised the [ancient]<ancient| and enduring nature of $his livelihood. (click: ?ancient)[Prior to the 1940s, putcher baskets were plait-woven of green willow and hazel rods, the wood being grown in the nearby Caldicot and Wentloog Levels. Willow trees would be cut back to the main trun, and the withies (new shoots of willow) harvested.](either: "Modern putcher baskets are aluminium wire. However, whatever social and cultural value is associated with this practice depends on the conservation of salmon in the Severn, which is the purpose of the Environment Agency's control.", "$mr $mott's own traditional knowledge of the habits of the salmon must also be duly weighed. On balance, however, the urgent and dire situation of stocks in the Wye justifies the controls on $mr $mott's rank, as part of a package of measures, even if there is legitimate disagreement as to the likely efficacy of this one element.") ] (else:) [ Article 27 of the Universal Declaration of Human Rights recognises the right freely to participate in the [cultural life]<culture| of the community, to enjoy the arts and to share in scientific advancement and its benefits. (click: ?culture) [Culture is wide in scope, including traditional means of livelihood, [intergenerational]<intergenerational| by definition, and closely tied to wellbeing, way of life, and identity. This means that the right to enjoy culture in community, protected by the Declaration, includes the right to transmit culture.] (click: ?intergenerational) [Culture is also fluid. Tradition transforms as circumstances transform. Nonetheless,] $mr $mott's right to cultural transmission has not been adequately addressed by the lower court. ] ''Decision.'' I would $decision the appeal. → [[Appeal->Earliest Judgments]]

*''R ($mott) v Environment Agency [2019] $court''* ''Background.'' (display: "Brief Background") ''Discussion.'' (display: "Brief Intrinsic Value") ''Decision.'' I would $decision the appeal. → [[Appeal->Earliest Judgments]]

{(if: $decision is "dismiss") [ (set: $decision to (either: "dismiss", "uphold")) ]}*''R ($mott) v Environment Agency [2019] $court''* ''Background.'' (display: "Brief Background") Because $mr $mott was self-employed, the [redundancy]<redundany| statutes of the <a href="https://www.legislation.gov.uk/ukpga/1996/18/contents">Employment Rights Act 1996</a> are not strictly applicable. However, redundancy law provides insight into reasonable and fair conduct when business practices have become unsustainable. (click: ?redundancy)[ An employee may be made redundant if a business ceases to operate, changes location, or changes the nature of its business such that the particular kind of work that the employee undertakes is no longer necessary. The employee is considered to have been made redundant if their dismissal is wholly or mainly attributable to one or more of these causes.] Were $mr $mott an employee, and $his dismissal considered redundancy, under [UK law]<ukLaw| $he would be due [in the region of]<calculation| £16,000. (click: ?calculation) [For employees over 40, redundancy pay is 1.5 weeks per year of service, with length of service is capped at 20 years and weekly pay at £544. Statutory redundancy pay is [capped]<capLifted| at £16,320 (slightly higher in NI). ] (click: ?capLifted) [ Were all such caps lifted, on this formulae $mr $mott might be due closer to £60,000 (calculated on gross income).] The Agency has thus far compensated $mr $mott and $his partner [£95,000]<compensation|. (click: ?compensation) [(display: "Brief Compensation to Date")] (click: ?ukLaw) [ There are significant discrepencies in statutory redundancy payments across different jurisdictions. (if: $decision is "dismiss") [At the [upper end]<evenMore|, formulae used in Germany and mainland China could award $mr $mott payment as much as £60,000 to £80,000.] (else:) [ However, UK law is the most appropriate benchmark, as $mr $mott would have been accessing UK job markets had $he sought alternative employment. ] ] (click: ?evenMore)[Indeed, employers in many jurisdictions, including the UK, on average pay higher than legally required.] ''Decision.'' (if: $decision is "dismiss") [ The 20-year lease expired on 31 March 2018, as this case worked its way up the courts. The case before us concerns the six years from 2012 to 2018, during which $mr $mott's catch has been limited. Were the Agency to compensate $mr $mott for these years, at similar levels to previous agreements, together with compensation already paid the total would be in the region of £250,000 to £300,000. Although substantially higher than compensation calculated on a redundancy payment, in my view it is not unreasonably so. On balance, ] I would $decision the appeal. → [[Appeal->Earliest Judgments]]

*''R ($mott) v Environment Agency [2019] $court''* ''Background.'' (display: "Brief Background") ''Discussion.'' All parties agree that [good faith negotiations]<stakeholderEngagement| are part of the fair balance. (click: ?stakeholderEngagement) [ Stakeholder engagement is common practice in the development and execution of environmental controls, and is in some cases mandatory to fulfil regulatory, legal, or other obligations. Factors determining the quality of a stakeholder engagement process may include whether it is enacted on a reasonable and proportionate timescale, whether the set of stakeholders that are identified is reasonable and proportionate, whether said stakeholders are appropriately resourced to become informed and to participate in dialogue, whether stakeholders are given due weight in relation to their level of exposure and vulnerability, whether discretionary decision-making powers are transferred to stakeholders where appropriate, considerations related to inclusion and equity, as well as further considerations. ] Government policies from 1996 on, prior to beginning of the respondent’s lease, have [indicated the phasing out]<indicated| of the mixed-stock fisheries including Severn Estuary. (click: ?indicated)[(either: "", "This trajectory was affirmed for example in the North Atlantic Conservation Organisation’s 2008 Strategy.") Against this background, $mr $mott engaged in extensive dialogue with the Environment Agency between 2003 and 2011, including attempts to negotiate the purchasing of the lease from $mr $mott. (if: $decision is "uphold") [ With respect to $mr $mott, the Agency has entirely fulfilled its obligations to stakeholder engagement. ] (else:) [Nevertheless, this engagement process was conducted on an ad hoc and informal basis, without independent mediation or the use of stakeholder engagement standards or best practice. (either: "", "It also seems the considerations of cultural tradition, and other non-financial impacts on $mr-$mott's quality of life, were inadequately addressed.") On balance, it would appear that the Agency did not fulfil its obligations to stakeholder engagement.]] ''Decision.'' I would $decision the appeal. → [[Appeal->Earliest Judgments]]

*''R ($mott) v Environment Agency [2019] $court''* ''Background.'' (display: "Brief Background") ''Discussion.'' $mr $mott's leasehold is an asset that has [prematurely]<prematurely| [lost its value]<lostValue|. Law and policy about ''stranded assets'', albeit not directly applicable, is illuminating by analogy. (click: ?prematurely) [ A [simple]<tooSimple| way to define *prematurely* is "well before the end of its anticipated useful life." ] (click: ?tooSimple) [ However, this definition raises the question of appropriate [due diligence]<dueDiligence|, since in some cases the factors determining the devaluation will have already been present, but not yet priced in. ] (click: ?lostValue) [ Assets may be stranded for many reasons, including degradation of (either: "nature", "ecosystems", "natural capital"); changing legislation, regulation, or statutory interpretation; disruptive innovation; consumer preferences; or social norms. ] (click: ?dueDiligence) [ Was $mr $mott prudent in $his 1998 purchase of the leasehold? To the extent that $he was, it may appear unfair to deny $him the benefit $he reasonably anticipated. Yet it would also be unfair to ask the taxpayer to bear the cost of this asset's recovery, in the form of compensation to $mr $mott. The stranded asset analogy brings clarity. A definite sum can be attached to the stranded asset, and question to be decided is the proper distribution of this cost across all possible stakeholders. ] ''Decision.'' I would $decision the appeal. → [[Appeal->Earliest Judgments]]

The respondent, [$mr $mott]<mrMott|, has a [leasehold interest]<leasehold| in a '[putcher rank]<putcherRank|' fishery on the [Severn Estuary]<severnEstuary|. (click: ?severnEstuary)[The rivers Wye and Usk are designated as Special Areas of Conservation (“SAC”) under the European “Habitats Directive” (Council Directive 92/44/EEC), transposed into domestic law by the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”).](click: ?putcherRank)[A putcher rank is an old fishing technique, involving the use of conical baskets or “putchers” to trap adult salmon as they attempt to return from the open sea to their river of origin to spawn.](click: ?leasehold)[ The right to operate the rank is derived from a “Certificate of Privilege” dated 14 May 1866, issued by the Special Commissioners for English Fisheries, and owned by the Lydney Park Estate. In 1998, the current 20-year lease was granted jointly to $mr $mott and $his business partner, expiring on 31 March 2018. "It gives them the right to fish two stop nets and (print: $annualCatch+50) putchers, in return for payment of an annual rent in two parts: a “fish rent” equivalent to 65 pounds in weight of salmon, and a “monetary rent” of (at present) £(print: (random: 270, 300)). (either: "", "The tenants are required to operate the putcher rank during each fishing season unless circumstances make it impossible. Further they may not assign, sublet or part with the fishery during the term of the lease, save upon death or disability, when they may with the written consent of the landlord assign to another family member."] (click: ?mrMott) [$mr $mott has operated the putcher rank under successive leases since 1975. From 1979, salmon fishing has been $mr $mott’s full-time occupation.]  (click: ?environmentAgency) [ The UK Environment Agency (EA) is a non-departmental public body, established in 1995 and sponsored by the Department for Environment, Food and Rural Affairs (DEFRA). (either: "", "Its remit is to protect and to improve the environment in England, addressing issues like climate change, biodiversity, flooding, pollution, and coastal erosion.", "It oversees the sale of fishing licences, and the management and conservation of fish stocks, protecting and enhancing the contributions that fisheries make to society and economy.")] The [Environment Agency]<environmentAgency| has limited $mr $mott's catch to $catchLimit salmon per year.

<table cellpadding="10"><tr><td>This [[judgment generator->First Judgment 1]] is loosely based on a real case, R (Mott) v. Environment Agency [2018] UKSC 10. Fragments of the real story may surface from time to time, but nothing here is to be trusted. It blends myriad voices. Evidence is ephemeral and ever-shifting, the facts of the case in flux. The statutes and legal precedents referred to are sometimes real, sometimes imaginary, often a bit of both. You may even find yourself exploring more-than-human systems of justice.</td> <td style="vertical-align:top"><img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi6W42DGHo_Iex48TnIp5D0Yh_95Kgy2C3MW0eo_hNT6g5gTct_0U_JK2dvATu-1soGHjKu-BhBZMlCUvPVNhbfDXtlo2-azujfMupPWtWdjmiqH2dkJrKfp2hZ5883rB-ynzh1L8nxm2uDcnBWM_KIEtPywboq8RKa6c-0rkddCcbCAQJvhu9atZVq/w453-h640/Putcher%20Rank%20Final%20220%20ppi.png"></td></tr></table> Like the wider <a href="https://www.sussex.ac.uk/law/research/projects/earth_law">UK Earth Law Judgments Project</a> (of which it is a small part), the purpose of the generator is to provoke new and more ecocentric ways of thinking about environmental law and scientific and experiential evidence. But whereas the Wild Law Judgments Project and the UK Earth Law Judgments Project mostly attempt to imagine [*better* judgments]<betterJudgments|, that is not quite the case with the generator. (click: ?betterJudgments) [ (If you would like to see Mott v. Environment Agency reimagined a little more sensibly, you can find it in our forthcoming <a href="http://www.sussex.ac.uk/law/research/projects/earth_law">edited collection</a>). ]Often it finds in favour of the salmon of the Severn, but sometimes it does not. Its [voices]<myriadVoices| may meander. The relevance of its [evidence]<evidence| may be elusive. Shrewd and enlightening arguments may mingle with foolish and baffling ones, like the tumbling contents of rivers, hovering between order and chaos as they flow. (click: ?evidence) [ The generator is part of the <a href="https://www.sussex.ac.uk/law/research/projects/earth_law">UK Earth Law Judgments Project</a>, inspired by the Feminist Judgments Project and the Australian Wild Law Judgments Project. It is also inspired by the <a href="https://www.indexofevidence.org/">Index of Evidence</a> project, which explores how established notions of fact and evidence are changing in our era of rich digital connectivity and increasingly sophisticated tools for generating appearances.](click: ?myriadVoices)[ The texts that flow and mingle in the Wildlaw Generator are too many to mention, but you may encounter many words by Bonnie Holligan and by Hannah Blitzer. Other writing as well as the Twine coding itself was by Jo Lindsay Walton. Also special thanks to Helen Dancer, Gill Partington, and Sabrina Gilani.] Illustrations by Elias Youssef and by Dall-E Mini AI. Music by Igor Dvorkin, Duncan Pittock, and Ellie Kidd; and Costas Fotopoulos. → [[Begin->First Judgment 1]]

{(set: _temp to (random: 1, 2)) (if: _temp is 1) [ Wolves, rivers, (either: "forests", "mountains"), salmon. Many living beings have traditionally been denied any voice in decisions that affect them. (either: "", "But humans belong to a broader more-than-human network of life. ")(either: "On ", "The salmon cannot be polled. However, on ", "Salmon do not answer surveys. However, on ") the balance of probabilities, the salmon in $mr $mott's putchers (if: $decision is "uphold") [ (either: "would strongly prefer to be elsewhere.", "have a passion to move, to perceive, to live.") ] (else:) [ may prefer to be elsewhere. However, the same is true of the salmon (either: "", "", "tossing and turning ", "writhing ") in the (either: "paws ", "claws ", "jaws ") of a (either: "grizzly", "bear", "black bear", "seal"). ]] }(if: _temp is 2) [[The Universal Declaration of the Rights of Mother Earth]<motherEarth| recognises these rights as belonging to [any Severn Salmon]<species|, as to all Earth's beings: "to regenerate its bio-capacity and to continue its vital cycles and processes free from [human disruptions]<humanDisruptions|" (art 2(1)(c)) and "to wellbeing and to live free from torture or cruel treatment by human beings" (art 2(3))." (click: ?motherEarth) [ <a href="http://therightsofnature. org/universal-declaration">The Universal Declaration of the Rights of Mother Earth</a> was adopted by the World People’s Conference on Climate Change and the Rights of Mother Earth at Cochabamba, Bolivia on 22 April 2010. While not legally binding, it can guide the interpretation of existing law, and could in principle be adopted in its entirety by any national legislature with the will to do so. (click: ?species) [ The Declaration refers specifically to "ecosystems, natural communities, species" but individual animals are not excluded. ] (click: ?humanDisruptions) [ The Declaration further recognises human obligations of stewardship, based on the principle of harmony. Humans should "establish and apply effective norms and laws for the defence, protection and conservation of the rights of Mother Earth" (art 3(2)(e)) and "respect, protect, conserve and where necessary, restore the integrity, of the vital ecological cycles, processes and balances of Mother Earth" (art 3(2)(f)).] (if: $decision is "dismiss") [ As the Declaration is non-binding according to prevailing notions of international law, its applicability here appears [limited]<limited|.] (click: ?limited) [The Declaration reasonably assumes that all of life and its supporting systems, considered holistically, is a legal entity whose characteristics exceed the aggregate characteristics of its component parts. However, the [gendered]<gendered| aspect is not self-evident and in my view requires further elaboration before the Declaration can be considered as an advisory framework.] (click: ?gendered) [ To take one example, in a now classic essay in 1974, Sherry B. Ortner [questions]<ortnerQuote| the tendency to associate nature and the feminine.] (click: ?ortnerQuote) ['Since it is always culture’s project to subsume and transcend nature, if women were considered part of nature, then culture would find it “natural” to subordinate, not to say oppress, them.' Of course nature is frequently gendered within [many traditional knowledge systems and religions]<gaia|.] (click: ?gaia) [For example, Gaia, Pachamama, Natura, Jörð, Nokomis, among many others.] ]]

By an agreement in 2004, the Agency paid £30,000 compensation for not operating the putcher rank. During the 2005 to 2009 seasons the tenants continued to operate the fishery. In 2010 an agreement was again reached for payment of £30,000 compensation not to operate the fishery during that season. In 2011, the Agency agreed to pay the tenants £35,000 compensation not to operate the putcher rank fishery during that season. In 2011, the Agency also offered to purchase the remainder of lease, but an agreement was not reached.

(display: "The Dream") (either:"When I awoke, I wondered at what this dream of $mott might have meant.", "And when I awoke, it was with mercy in my heart.", "And I awoke wise.")

<img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj3chV8G8ICbM5YAa1Q2wtpsGqgVCgHrN83aZl7kculYEjQhCClsO9UBqmoME3Yl1tBQ5EbASS7-HvxTfO4cm7oONFAWLPRTnF0cDyVQ5D838nZx7p1vQABs5A_TCSzjrCYDjjKg2l7QDzp443CEc5CM9WD84RbKNXpsB7u_s-EOmo_KsdWbMmMIKuV/w400-h400/Leaping%20Salmon%20Final%20medium%20res.png"> → [[About]] → [[Begin->First Judgment 1]]

(either: "Last night I dreamt I met $mott. ", ""){ }(either: "Last night I dreamt of the hunt. ", ""){ }And sometime (either:"I was", "was I") salmon, and sometime hart. And sometime $mott (either:"hunted", "hunted", "gave chase", "drove me", "knew me"), and sometime $he (either: "fled", "swam", "haunted", "fled", "flew", "fled", "swam", "haunted", "fled", "flew", "sat still", "spoke", "spake", "dreamed too", "fled before me", "sat in judgment", "heard my case", "heard my case, but the words swam away", "heard the bubbles of my case, but not the waters", "did not", "did not", "knew me not").{ }(if: (random:1,2) is 1) [ (display: "Poetic Justice 3") ] (else:) [ ]

Last night I dreamt of (either:"the court", "the court", "the court", "the feast", "the court and the feast", "the fast and the feast", "the homecoming", "the sea", "music", "the moot"). And the platters that were served were all of (either: "silver", "silver", "siller"), and (either: "heavy", "heavy", "heavy", "heavy", "bright", "light but laden", "many and set") with (either: "salmon.", "salmon.", "sides of salmon.", "sweetmeats.", "something I could not see, but that I did taste.", "salmon, as though lain in a scales.", "veils of steam, and what was served I could not see.", "steam, and something whereof I could not see.", "coin.", "law.", "hearts.", "meat.", "salmon. And heavy with hearts. And heavy with meat.") (either: "And bailiffs stood round about.", "Last night I dreamt I met the rank of $mott, and it was a rank of armoured men.", "Last night I dreamt I swum among knights.", "And the fairies were all of fish-meat.", "And armour came in the currents.", "The waters in the estuary sank, and the muddy banks extended to the middle.", "The woods were all wildfire.", "And prisoners shook off their shackles and walked toward the wildfire.", "And figures stood forgotten in ranks.", "And then there were two of them, and they were building a rank.", "And assets came and shone.", "And the withy was green.", "And the withies were green.", "And there came scientists all in silver.", "And there was willow and there was hazel.", "And the river had her retinue.", "And I was in a wood were shadows grew deep, and larches high, and where the lopped willows grew greenly.", "And I dreamt of shadows like soldiers.", "And I met men.", "And I met Mankind.") (either: "", "", "", "", "", "And there was elm and there was larch. "){ }(either:"","Putchers were their helms. ")(either:"","Putchers were their gather-baskets, their cornocopeia. ")(either:"","The moss and the berry. ")The (either:"pearl", "pearl", "mother-of-pearl", "law")-encrusted (either:"tongue", "lips", "hands", "law", "baskets", "rank", "plates") of $mott. (either:"","Last night I dreamt I met $mott. ")(either:"","Last night I dreamt of the hunt. ")(either:"And sometime was I the hart, and sometimes was I the hunt.", "And sometimes I sat, and sometimes I was heard.", "And sometime the hart was heard, and sometime the hart sat.", "And the hart leapt in the well, and lanterns were in his antlers, and then the court was dark.", "And the hart leapt in the well, and lanterns were in his antlers, and then the wood was dark.") (either: "Last night I dreamt I met $mott.", "Last night I dreamt I met Mott.", "And Bonnie was in courtly robes. And Jo in motley.", "And the justice's robes were motley.", "And the withy that was split to twine was split like a tricorn.", "And the hazel rod that was split to twine was split like a coxcomb.", "And the hazel rod that was split to twine was split like a cap and bells.", "Last night I dreamt I met $mott.", "Last night I dreamt of the court.", "Last night I dreamt I met $mott.", "Last night I dreamt of the court.", "Last night I dreamt I met $mr $mott.", "And when I awoke, the dream did not fade, but the world did.", "And when I awoke, I did not.", "And though I reached to the hem of the robe, I only tore it more motley.", "Last night I dreamt of the sea.", "I dreamt of this scene, last night.", "This was my dream, and its meaning is plain.", "So did I dream, and so do I judge.", "And judgments were in jest.", "And justice was in jest.", "And bonny were the robes wherein justice dressed.", "So came this dream to me, and so became its meaning plain.", "When I awoke, I wondered at what this dream of $mott might have meant.", "And when I awoke, it was with mercy in my heart.", "And I awoke wise.")

(display: "Set Mr Mott Is") $mr $mott is $mrMottIs (either: "And the salmon are ", "And as for the salmon? The salmon are ", "And what about the salmon? Well, they are ", "And the salmon? The salmon are ", "And these fish? They are merely ", "And as for the fish? Call them ", "And as for the fish, they are ", "And as for the fish, they are not ") (either: "too late", "unlucky", "trying to save the world", "merciful to plankton", "want to save the world", "flashing in the surf", "not ontologically given to forgiveness", "lacking in perspective", "exactly what they seem", "what they say they are", "the price we pay", "neither here nor there", "not value, but a system of values", "just some fish", "entrapment", "permission", "processed under another logic", "in the putchers", "not amenable", "$mr $mott's competition", "figments of $mr $mott's imagination", "what is learning", "energy magnified through $his example", "what is coming", "objects of an incompatible perception", "not adaptable", "moral beings", "ecosystem services", "noumena", "numinous beings", "what is left over", "buried deep inside that", "$his unconscious", "$his destiny", "$mr $mott's only defenders", "ineligible for witness protection", "$his fish", "$his redemption", "$his test", "$his judge", "swimming as our thoughts swim", "inconceivable", "unintelligible", "the first to know", "the last to know about it", "the ones who know so best", "those who needs must lie with their lives", "swimming around", "fish", "salmon", "$mr $mott's condition of possibility", "not impressed", "suffering", "a distraction", "not as important as they seem", "already comprehended in this knowledge", "grace", "coming home", "welcomed home with murder", "interested parties", "the consequence", "ready", "honest", "clear what they want", "unimpeachable", "in the midst of things", "living prayers", "wayfarers", "sweet to taste", "not gifts", "the symbolic", "the law", "just barely holding on", "wishing they were anybody but themselves", "not able to swim out of the putchers", "delicious", "the fish from the Nirvana song, the ones without any feelings", "a deal-breaker", "in full agreement", "resemble $him more than $he resembles $himself", "in need of our help", "in need of mercy", "in a similar situation themselves", "charmed", "not property", "part of the lease", "$his right", "telling us what we already know", "strong swimmers", "following their hearts and their hearts flow long", "melodramatic slabs of yum", "just like you and me", "just like $him", "just the same", "matter, and meat, and mind", "stranded assets", "what they remember themselves to be", "everything they say they are", "infinite", "pure soul", "sympathetic to this analysis", "in full agreement", "irresistible", "intoxicating", "important to the local economy", "dull beasts, capable of little inner light", "what they seem", "all of us", "#\#JeSuisSalmon", "key stakeholders in this 'I Stand With Salmon' moment", "what holds $him together", "demons off the leash", "salmon. They hatch in redds, they are slim silver parr with vertical darker markings to help with camouflage, they feed, they defend their territories, they bide in freshwater before starting to shoal and swimming downstream, silver or smolting as they go to allow them to survive in estuaries, before their long migration to the North Atlantic. And then ... and then ...", "salmon. There is also evidence that groups that shoaled on their way downriver remain with their companions at sea, and return to the same river with the same companions they went to sea with, even up to four years later. Not all salmon die after spawning. A small number drop back downstream, and return to the sea to live on").

(if: (random: 1,3) is 1) [(display: "Early Casual Language Short")] (else:) [So basically there's (either: "this $guy, ", " ", "this ")$mr $mott. (either: "And $he doesn't own this bit of the river, but $he does own the right to", "And $he owns this special ancient lease on part of the Severn Estuary, meaning he has a right to") (either: "do a lot of fishing there", "fish there", "the fish that swim through it", "put up these baskets and catch the salmon as they swim up the river during spawning time"). (either: "", "It's a lease, so basically it's like renting, and you would have to renew it after twenty years. ") (either: "", "And this $guy, $he does it commercially and seems to make a pretty decent living. Like £60,000 gross per year, apparently.", "And this $guy has been in a lot of disputes with the Environment Agency, and it's gone through all these courts, and now for some reason I have to decide.")] (click: ?fish)[(either: "", "", "As a judge, I love fish. But I have to be fair.", "As a judge, I cannot allow my love of fish to cloud my judgment.", "So salmon are like Pokemon, they go through all these different phases. ","So being a salmon to me is already pretty traumatic. ","So there are so many different names for all the different stages. ")These salmon begin their lives in rivers in England and Wales. You hatch in a nest called a redd, tucked into the gravel in the riverbed. You hatch in the spring, and at first you're called an alevin. (either:"You hide in the gravel and eat up the rest of your yolk.","You're like OK whatever, I guess my life is I hide in this nice gravel and snack on this yolk. There can't be much more to it than this!") When the yolk is gone you have to find food, and that's when you become a fry. (either:"You feed on plankton and invertebrates and stuff.","And all the local plankton and bugs and whatever are like, Oh no a fry.","So now you're munching on plankton, you're a fry, and you're like, OK I guess this is it, I'm doing my thing and I'm in my prime.") (either:"You are not in your prime. Next up you become a parr.","But the days go by and before you know it you're a parr.", "Then you grow into a parr.", "But when you hit two inches long, congratulations you are a parr.", "But once you're grown to two inches it's like, congratulations you are a parr.", "But once you reach two inches you're like, OK, I am now what's known as a fingerling or parr.", "Eventually you become what's called a parr or fingerling, which is still only like two inches long.") As a parr, you live in the freshwater river for one to three years. (either: "Then you smoltify. You become a smolt. You're getting read to go to sea.", "Once you're a parr, what's left? Smolt. Smolt is left.", "Then something stirs within you are you're like, You know what life I'd like, the life of the open sea.", "Then this is the bit I find most incredible, because now your body changes in preparation for a distant environment you've never encountered. That's right the sea.", "Then you're like, Ahoy mateys, it's the open sea for me and you turn into a smolt.", "Then you bulk up, turn silver, basically grow an astronaut suit and you're like OK guess I'm going to space. Except space is the ocean.") (either:"It is at this point in your life cycle, past the stage of density-dependent population regulation, that predation can adversely affect stock size. ", "", "")Then you go live in the ocean. (either:"You live there for a year, two years, maybe three.", "You travel far from your natal river. Thousands of kilometres.", "You travel far, thousands of kilometres. It is not all swimming: you ride the ocean currents.", "You travel far. You discover Canada.", "Maybe you go far. Maybe you spend three years in the ocean. Or maybe you return after just one, in which case you're called a grilse.", "You travel far, maybe thousands of miles. You tend to stick with your salmon pals.") (either:"Eventually you return to the river where you were born.", "After several years wandering huge distances, you return to the same natal river where you were spawned.", "One day you come home.", "One day you return to the river where you were born.", "Then one day you return.") (either:"Humans don't know how you do it. Sometimes they get emotional about this. Is it emotional for you? Only you know.", "OK one problem the river's flowing the wrong way?", "Nobody knows quite how you do this. It seems that you remember how your river smells, but there are other factors too.", "A few of you stray. That's important too, to swim up nearby rivers, to find new spawning grounds.") (either: "Homecoming salmon have to swim against the current. You have to leap and flip and flop up the falls.", "Now you are a celebrity salmon, a symbol of unimaginable courage and perseverence, swimming against the tide. How do you feel? Only you know, I guess.", "As you reach the river mouth, your body undergoes profound change yet again. You switch from 'red' muscles to 'white' muscles.", "First you undergo profound physiological change yet again, to give you the strength to leap upriver, to breach and burst and arc up over the rapids.") (either: "You swim against the current.", "You swim upriver.", "You swim upriver, against the current.", "You struggle upstream.", "You swim against the current. Some salmon do this for hundreds of miles. For you estuary salmon, your journey is not so far. But it takes its toll.") (if: (random:1,2) is 1) [Then you swim into $mr $mott's basket. (either: "", "The end. ")] (else:) [(either: "You wave your tail and waft the gravel, and a redd is revealed.", "You wave your tail over the gravel and make a new nest.", "You wave your powerful tail. The gravel shifts. A redd.") (either: "", "", "So that's where that come from. ")(either: "You lay your eggs and cover them over.", "Then you spawn.", "Then your eggs and milt mingle, and you wave your tail again to tuck them into the gravel.") Then what? (either: "Are you done? Some of you are. But some of you swim out to sea again.", "For some of you, that's the end of your life. But not all. A few of you swim back out to sea again.", "A few fish live on. You may even swim out to sea and return here another year.")] ](either: "", "The Environment Agency are part of the government. ")The Environment Agency want to [regulate]<regulate| how many [fish]<fish| $mr $mott can catch each year. (either: "", "They are doing this because the salmon population is in danger. ", "They have assessed that urgent and bold action is needed to protect the salmon populations. ", "They monitor how the fish are doing and give $him a maximum catch, which could be basically zero. ") (click: ?regulate) [ (either: "", "", "It's not like the Environment Agency are super pro salmon, or anything. ", "And it's not like the Environment Agency are just shills for Big Salmon, or anything. ", "The Environment Agency aren't like salmon huggers or anything. ", "The Environment Agency aren't just thinking about biodiversity, they are considering the fish as an economic resource. ")The Environment Agency are especially interested in the River Wye, where the salmon are (either:"in real trouble", "in serious trouble", "dying out"). The River Wye was once like the UK's foremost wild Atlantic salmon river, basically. At its peak over 50,000 salmon a year would be running the river(either:".", ", many returning adults supporting stocks in other estuarine rivers, including the Severn.") Now those runs are now down (either: "3,000 or fewer.", "the low thousands", "less than 10% of that"), I think. And the Environment Agency have determined that $mr $mott's fishery at Lydney is catching way too many fish, (either: "given how low stocks are.", "so $he needs to pretty much stop till they recover.")] There is this law that says $mr $mott has a fundamental right to the "peaceful enjoyment" of $his possessions, but [also]<also| that $he can't do just anything $he wants with them. (either: "", "Partly it's a question of money. How much, if at all, should $mr $mott be compensated? ") (click: ?also)[On the one hand you might think, OK, (either: "if he purchased this lease, and the government says now he can't use it, he deserves compensation.", "just give him some compensation.") On the other hand, (either: "conserving the salmon is pretty important. The government shouldn't have to think, 'Can we afford to pay $mr $mott, specifically?'", "do you really want to force the Environment Agency to think about the value of the salmon in terms of much $mr $mott stood to make? Surely they're already thinking about the economic value of salmon in a 'bigger picture' kind of way?", "the lease costs $him like 300 pounds a year, and $he is looking for compensation in the region of 30,000 or 6,000 pounds a year.", "do we really want a world where fishermen could fish populations to extinction, unless the Environment Agency finds the funds somewhere to pay them off?") Also, (either: "you might say that $mr $mott should have known the risks. When you make an investment, you can't always expect to be bailed out if it doesn't pan out.", "should $mr $mott really receive public money for making an unsustainable investment? If so, what is special about this? Is it because $he works it $himself or something?", "it's not really about the money $he has lost, because that's like three hundred pounds a year. It's about should he be allowed to keep fishing despite it being unsustainable.", "if the Environment Agency had just imposed this control out of the blue, that would be different. But it's not like they wanted to. They'd love it if the salmon stocks were healthy and $mr $mott were catching loads of salmon.", "there was potentially quite good evidence at the time that $he bought the lease that this was happening. Do we really want a precedent that says, OK, just go ahead and make whatever unsustainable investments you like, and then if the Environment Agency tries to limit you on behalf of the public interest, you can shake them down for what it would have been worth in some fairytale parallel universe?", "to me a lease sort of suggests you're going to give the thing back with fair wear and tear, or whatever, not completely destroy it so future generations can't use it.", "it's not like he wants just the money he paid for the lease back. At least I don't think so. That would be like only a few hundred pounds I think? Aargh, I'm not a very good judge, am I? Sorry, sorry." )] Honestly, there's [a lot more]<aLotMore| to it. (click: ?aLotMore)[(either: "But I think that's it. The salmon population is in danger. $mr $mott wants to keep fishing them. The Environment Agency wants $him to stop. $mr $mott wants to be paid off.", "Like $he has to pay a monetary rent and a fish rent, technically, so I don't know how that works if the fish rent $he owes is bigger than the amount $he's allowed to catch, or whatever.", "But that's basically it. Under what conditions does the government owe compensation, out of the public purse, to someone who has suffered economic loss because their activity has become environmentally unsustainable?", "Like for example $mr $mott is all like, 'They've been trying to close down my fishery for years!' and there's a sort of vendetta vibe, like somehow at the end of every episode $mr $mott's fishery is saved. And the Environment Agency deny that, but on the other hand they kiiind of have, but you could say that that's a point in their favour, because the whole point is that $mr $mott should have been able to see this coming, like $he's had fair warning?", "Like I can't figure out who actually owns this bit of the estuary and is leasing it to $mr $mott. And $mr $mott also has a partner who doesn't seem to come into it as much as you'd think they would. But anyway.", "Like, salmon populations are fragile all over, but this case is actually about salmon from the Wye who have got slightly lost on their way to spawn and ended up in $mott's baskets.", "Like the law changed halfway through the lease. And the Environment Agency did try to buy it off $him but $he didn't want to sell. And they did pay $him some compensation already.")] (either: "But that's basically it.", "So, anyway.", "Anyway.", "Yeah. So.", "But all that other stuff feels like $mott problems not judge problems.", "But what is the point of being a judge if you can't just ignore some stuff?")

{(display: "Set Mr Mott Is") (display: "Set Brief Strange Late") }(print: $briefStrangeLate's 1st) (print: $briefStrangeLate's 2nd) (print: $briefStrangeLate's 3rd)

(set: $mrMottIs to (either: "", "", "", "", "$himself") + " " + (either: "the world", "heaven", "the river", "nature", "thirst", "bravado", "suspicion", "calumny", "chattel", "the Severn", "my soul", "the tide", "gravity", "dejection", "oblivion", "gallantry", "haggling", "risk", "$his own soul", "$his own reason", "indemnity", "ecosystem services", "the future", "the treeline", "the dark treeline", "the silver off the river", "the silver rinsed off the river", "compossibility", "the state of nature", "natural law", "virtue ethics", "the categorical imperative", "the golden rule", "the fairy court", "the salmon", "agency", "sophistry", "recombinancy", "the more-than-human", "delay", "protocol", "cancel culture", "counsel culture", "deferral", "solipsism", "tradition", "knowledge", "the heart", "the hunt", "climate change", "biodiversity", "stoicism", "interspecies entanglement", "repetition", "progress", "interspecies justice", "the Rights of Nature", "humanity", "techne", "adequacy", "courage") + "'s " + (either: "", "", "", "", "", "", "", "", "", "", "very own ", "great ", "last ", "deepest ", "praxis ", "fictive ", "recombinant ", "essential ", "first ", "constant ", "as it were ", "nearest thing to a ", "one true ") + (either: "helpmeet", "spite", "herald", "envoy", "paroxysm", "emblem", "Gordian knot", "debugger", "ATM", "rumour", "handmaid", "reification", "champion", "reductio ad absurdum", "baffle", "appointee", "minister without portfolio", "template", "energy chakra", "microbiome", "pro forma", "recombinancy", "judge", "representation", "lemma", "solecism", "solicitation", "grammar", "legacy", "rainbow", "editor", "interface", "limit condition", "ripples", "mirror", "riverwater", "reinforcing feedback loop", "homeostasis", "objectification", "manifestation", "accomplishment", "vulnerability", "model", "eulogy", "gradient", "high blood pressure", "appointee", "tragedy of the commons", "decision support", "angel", "fiend", "ombudsman", "horn sounding aloft at dusk", "horn sounding aloft in the eve", "immune system", "unhatched egg", "celebrant", "comedy of the commons", "tragicomedy of the commons", "arbitrator", "window", "bae", "backhand compliment", "police officer", "reasons that reason knows not", "assassin", "lieutenant", "president", "better view", "better half", "square root", "alpha and omega", "psychology", "structuration", "asset", "assignee", "cascade risk", "disciple", "interpreter", "stakeholder of stakeholders", "black box", "convert", "translator", "supplicant", "mediator", "intercessor", "tide", "endlessness", "theory", "klaxon", "proxy", "steward", "spokesperson", "companion", "hero", "tenant", "chattel", "compromise", "condition", "disbursement", "cosmovision", "metadata", "sine qua non", "non plus ultra", "calm", "putcher", "magnitude") + ".")

Basically, $mr $mott leased the right to catch salmon in a certain part of the Severn Estuary (either:"from 1998 to 2018", "for twenty years"). $mr $mott pays about £300 a year for this, and makes about £60,000 a year(either: ".", " gross.") But the salmon (either: "stock", "populations") are dangerously low, and the Environment Agency has a right to (either: "restrict", "limit", "control") $his fishing. $mr $mott is a commercial fisherman, it's $his main occupation. Nobody really thinks $mr $mott should be able to fish them all to (either:"death", "extermination"), but there is a [question]<question| about how to fairly distribute the economic costs of a deteriorating ecosystem. (click: ?question)[Should $mr $mott be compensated from public money for the salmon $he might have caught, because $he is forbidden from fishing the dwindling stocks? Or has $he simply (either: "made an unlucky investment", "made a bad investment", "made a poor investment", "made a bad choice", "had some bad luck", "had bad luck in business")?]

{(set: $decision to "therefore permit $mr $mott to extend $his lease by one year for each year in which $his catch is limited to " + (either: "200 fish or fewer", "100 fish or fewer", "less than 75% of the average catch across every year $he has held the lease") + ". " + (either: "", "$mr $mott would plainly not be happy merely to be compensated to the tune of the roughly £300 $he pays to Lydney estates. What $he wants is fish $he can catch, but those fish don't exist. Yet in the future they might.", "$mr $mott would not be truly happy with merely £30,000 or £60,000, because for $mr $mott it is about a tradition and a way of life as much as it is about an income. But if the stocks recover, $mr $mott may fish the fish $he wished $he fished today, tomorrow.") + " " + (either: "I further decree that $mr $mott may sell or transfer $his lease, together with the special provision made by this judgment.", "As $mr $mott also is free to sell $his whatever years remain on $his lease, the value of $his asset is also raised by this judgment, assuming that fish stocks recover.", "Furthermore, Lydney Estates shall not unreasonably withhold consent should $mr $mott wish to sell, sublet or assign this lease, with the new permission to extend also transferring intact to any new owner." ) + " " + (either: "$mr $mott may not live to see the salmon in the river recover. Maybe none of us will.", "$mr $mott may not live long enough, or may lack the strength, ever to return to $his rank.", "It is of relevance that $mr $mott is nearing retirement.") + " " + (either: "Thus if $mr $mott $himself cannot fish the year to which $he is entitled, another $mott, as it were, perhaps one day may.", "So if $mr $mott can't fish this year, maybe he can fish another. And if $mr $mott can't fish that other year, maybe another $guy can.", "So if $mr $mott can't fish this year, maybe he can fish another. And if $mr $mott can't fish that other year, maybe another $mott may.") + " Not everything is " + (either: "fungible, ", "swappable, ", "exchangeable, ")) (set: $decision to it + (either: "", "like for like,") + " not all things are everlasting, give or take some " + (either: "appreciation", "amortization") + ", some " + (either: "impairment", "discount") + ". " + (either: "", "Not all that lives is liquid. ", "Not everything has its weight against every other thing. ")) (set: $decision to it + (either: "But such is the law the humans use, that should act as though it were so.", "But such is their law that they fill many offices with faces that fain would be else.", "Yet such is our system, that many things must do their duty as what they are not.", "Yet such is our system, that much must put in a shift as a shadow of what it is not.", "Yet such is the human system, that many a thing must pass a spell as a thing it is not.", "Yet such is the human law, that things are made a little more like one another than they would like.")) (set: $decision to it + (either: "", "", " So concludes the tale of $mr $mott.")) }

{(display: "Set Brief Strange Late") (display: "Set Rare Drop Sentences") (set: $proMott to (shuffled: "$rareDrop1", "$rareDrop2", "$mr $mott, as a fisherman with direct experience of the salmon and their habits, may know many things that the Environment Agency may not.", "$mr $mott's treatment may be compared with that of rod and line leisure fishermen. To weigh the livelihood of one against the pleasure of many is not straightforward.", "$mr $mott's peaceful enjoyment of $his property right has been almost entirely extinguished by the control.", "$mr $mott should be compensated for financial loss attributable to the infringement. The value of the catch that can be made within the limit must be compared to a counterfactual, in which the infringement has not occurred. The question before us is, in essence, whether that counterfactual is the catching of a few fish, or a few hundred.", "The sustainability of the fish stocks in $mr $mott's baskets is $mr $mott's concern. Should they be fished to extinction, $mr $mott would suffer.", "A remedy is an anthropocentric construct, and the protection of a habitat may only be appraised through an anthropocentric lens.", "Traditional practices are worthy in principle of protection.", "$mr $mott is nearing retirement age, and it would be unreasonable to insist that $his next career will be in cyber.", "$mr $mott has earned $his living in this way for over twenty years.", "Was $mr $mott prudent in $his 1998 purchase of the leasehold? To the extent that $he was, it may appear unfair to deny $him the benefit $he reasonably anticipated.", "Although the analogy cannot be taken too far, $mr $mott's predicament resembles that of many Indigenous peoples around the world, whose connection to the land, and traditional knowledge, is undervalued by scientific environmentalism with a long history of mismanaging ecosystems.", "$mr $mott has a traditional way of life that is being disrupted by factors outside of $his control, including deteriorating water quality due to urbanisation, agriculture and forestry, and rising temperatures due to anthropogenic climate change.", "We are in the midst of an environmental emergency, and a vital precedent may be set today. As traditional practices become unsustainable, how shall society deal fairly with those who work the land and its waters?", "The sustainability of any practice has multiple dependencies distributed throughout nature and society. That $mr $mott's fishery has become unsustainable is not ordained by heaven, but is a function of activities around the Severn and globally that ought not to be seen as sancrosanct.", "If an estuary is a person, then might an estuary be sued?", "Can humans ever be ecocentric? Ecocentrism is an anthropocentric concept.", "What makes an ecosystem an ecosystem?", "I have been thinking a lot about scales.", "Independent scientific reports may disagree, and in general government agencies will be relatively well-resourced to commission studies which may be used to support policy when favourable, and placed in an obscure drawer when it is not.", "A non-expert view of an expert's opinion may in principle raise matters that cast doubt on a decision-maker's reliance on the expert's view.", "We now live in an era of deep economic and ecological uncertainty. $mr $mott's decision to defend $his livelihood speaks to $his personal grit, but also to $his understandable perplexity in the context of such complexity.", "It does not matter if $mott is good or bad. ", "It matters not if $mott is sincere or affected.", "What is the right to justice, if its meaning is always manipulable by science, to which the layperson has no such access?", "The emerging era of ecological uncertainty and volatility is vital context. Scientific authority is necessarily playing a greater role in legal decision-making, and it is important that science does not become a vehicle for arbitrary or excessively discretionary exercises of power.", "The conclusion that fishing in the upper Severn estuary has a significantly greater effect on the River Wye than on the Severn itself is a little startling.", "If it were the case that, of the salmon present at Lydney nineteen times as many were destined to return to the Wye, Usk and other rivers, then those rivers would be teeming with salmon.")) (set: $antiMott to (shuffled: "$rareDrop3", "$rareDrop4", "those obtaining their livelihood from fishing must bear some of the risks associated with decline in fish stocks, and some of the responsibility for ensuring that populations remain in a healthy state.", "those obtaining their livelihood from fishing must bear some of the risks associated with decline in fish stocks.", "a contract can be frustrated when unforeseen circumstances render the performance of the obligation radically different from that which was undertaken by the contract.", "this court itself belongs to an assemblage that includes, among other entities, $mott, and the Severn Estuary.", "the intention to phase out mixed-stock fisheries has been clear for some time.", "as a policy concept, 'Indigenous' has arisen as a compromise to redress some of the historic wrongs of colonialism around the world, by recognising the rights of survivors of colonialism to control their own affairs, maintain their heritage, and determine their future. Its application to $mr $mott is not appropriate.", "$mr $mott has already made a lot of money from not fishing.", "there is an aura of, in a metaphorical rather than legal sense, blackmail about $mr $mott's recent profits from the unworked lease.", "the river may know things about itself that $mr $mott does not know.", "compensation for assets stranded by environmental change will deter reallocation of climate transition finance.", "the suggestion that $mr $mott could not earn $his livelihood in any other way is entirely implausible.", "the rights conferred on $mr $mott under the lease can be seen as inherently restricted by, and dependent on, the need to maintain a healthy estuarine ecosystem.", "the legal system requires a fundamental reconceptualisation of its liberal-anthropocentric understanding of property rights, one which shifts nature from object to subject.", "there is an enormous gap between the amount of finance required to keep the planet liveable and the amount currently invested. Stranded assets, be they salmon or oil fields, are what might move this finance, and compensating the owners of such assets gives them reassurance that it is not yet time to act.", "traditional practices, where they are harmful, can be evolved or retired.", "compare Te Urewera, no longer a national park. New law recognises the intrinsic worth of Te Urewera, with all the rights, powers, duties, and liabilities of a legal person. Te Urewera now owns itself and possesses extensive legal rights.", "compare the Whanganui River, that now owns the riverbed beneath it.", "severity of the individual burden placed on $mr $mott cannot be assessed without consideration of the benefits that $he has obtained (and may obtain in future) from exploitation of salmon stocks.", "should the taxpayer be liable for every asset that is stranded due to transformations to the environment, which are already dramatic and likely to be increasingly so?", "expectation of livelihood must adapt with changing social environmental conditions.", "the temporary nature and the important purpose of these restrictions suggests that they maintain a fair balance.", "non-linear ecologization of the right to property and the remedies for breaches of such right, implies a right that can only be exploited as far as the ecosystem allows.", "an ecological perspective must can remediate environmental harm in a way that benefits the interests of the human and more-than-human worlds, as opposed only to the human being. ", "a control on use may sometimes require the payment of compensation where this is necessary to maintain a fair balance between the rights of an individual and the public interest, a point explored by the Court of Appeal in R (Trailer and Marina [Leven] Ltd) v Secretary of State for the Environment, Food and Rural Affairs [2005] 1 WLR 1267; [2004] EWCA Civ 1580, paras 44-58.")) }(print: $proMott's 1st) (if: (random: 1,2) is 1)[(print: $briefStrangeLate's 1st)] (print: $proMott's 2nd) (either: "However,", "Yet", "However,", "Of course,", "Conversely,", "On the other hand", "To balance this,") (print: $antiMott's 1st) (either: "Furthermore,", "Moreover,") (print: $antiMott's 2nd)

(set: $introComment to (datamap: "Bear", (either: "This gives me paws for thought.", "Counsel, approach for a sidebear."), "Trout", (either: "Something is fishy here.", "We require proof beyond reasonable trout."), "Bee", (either: "We've heard a lot of buzzwords today.", "Legal pluralism allows a certain amount of cross-pollination."))) (set: $outroComment to (datamap: "Bear", (either: "You'd better bear-lieve it.", "So we see the usefulness of fuzzy logic.")) (print: $pun's Bear) seal of approval no monkey business an open-and-shut case

<! -- Not currently in use --> Putcher construction Willow was harvested using traditional methods of pollarding, where a tree would be cut back to the main trunk. New shoots of willow, called "withies", would grow out of the trunk and these would be cut periodically for use.[citation needed] In 1970 a few dozen of the traditional willow baskets were made and installed by the fishermen at Goldcliff. To make a putcher by hand, a low bench was used approximately 18 inches (460 mm) high and 24 inches (610 mm) square into which 9 holes were made, in a circle 10 inches (250 mm) in diameter. Green withy or hazel rods were then split into three using an oak cleaver held in the maker's hand.[5] The split lengths were then inserted into the holes to make a conical shape and a withy ring was plaited round them close to the surface of the bench. Nine shorter rods, either complete or in thirds, were then inserted into the ring, with two more rings being plaited around to secure them, one halfway up and another near the top. A nose ring was then plaited. The putcher was then pulled out of the bench, the nose ring attached and a spiral `worm' was added from the narrow end to the middle.[5] A base ring was woven at the end of the basket. Any longer rods could then be trimmed and the basket was ready for use. The basket was expected to last for two fishing seasons, possibly also for a third following repair.[citation needed] Ranks There is a lot of scorn for this figure, the reasonable individual. The reasonable man, even. The man on the Clapham omnibus is a hypothetical ordinary and reasonable person. But this goblin haunts the law, the law and he are each other's emanations. It is impossible, isn't it, to say that a particular thing is reasonable or unreasonable, without articulating a kind of transcendental condition of reasonableness. And we are not just reasoning about reasoning. We are reasoning about future-facing reasoning. What are we reasonable to expect? Last night I dreamt of the hunt. And sometime I was salmon, and sometime hart. And sometime Mott hunted, and sometime he fled. Last night I dreamt of the court. And the platters that were served were all of siller, and heavy with salmon. And heavy with hearts. And heavy with meat. And heavy with something I could not see, but that I did taste. And the platters were heavy with sweetmeats. Putchers were their helms. Putchers were their gather-baskets, their cornocopeia. The moss and the berry. The pearl-encrusted tongue of Mott. Last night I dreamt I met Mott. Last night I dreamt of the hunt. And sometime was I the hart, and sometimes was I the hunt. Last night I dreamt of sweetmeats. All on a siller platter. Last night I dreamt of the feast and the hunt. And the platters all were heavy with salmon. And the platter was bright with salmon. The remains of an old putcher rank, where baskets were placed to allow fish to swim in at high tide and for the fishermen to retrieve them at low tide; at Whitson near Newport, Wales A strong timber frame or "rank" was required to hold the rows of putchers, built across the main tidal flow of the river. The fish, with fins trapped by the weave and unable to easily swim backwards, were then trapped in the conical baskets. The very high difference between high and low tide in the Severn Estuary enabled the ranks to be long and thus economically productive. Goldcliff originally had three ranks – the "Flood", the "Ebb" and the "Putt", able to carry a total of 2,327 baskets.[4] A number of smaller baskets were especially constructed to fill any smaller spaces in the rank. Although there was no great advantage to be had from trapping smaller fish, the lack of any holes in the rank presented a more complete "wall of traps" through which it was more difficult for any fish to pass. The single putcher rank at Porton could carry some 600 baskets. Although the fishermen's intimate knowledge of the seasonal height of the tides meant wasted that un-submerged baskets were not set, once fixed the baskets were typically removed only if the fish could not be released, or to allow repairs.[citation needed] The uprights of the ranks were generally made of green larch or green elm, some 15 feet (4.6 m) long and from 8 to 9 inches (230 mm) in diameter and sunk into the foreshore by between 6 and 8 feet (2.4 m). Green timber was preferred as the salt seawater would preserve it and allow use for perhaps up to ten years. Elm tended to be more durable than larch, although all would eventually start to rot from the top and would need to be replaced. Some poles at Goldcliff, probably those at the seaward ends of the ranks, were reported to have lasted for forty years. The post holes were bored using a rock auger and bar, with the debris removed using a long-handle implement called a "spoon". The uprights were then beaten into the ground, in pairs, five feet apart, using an iron lined yew beetle.[4] Between each pair of upstream and downstream uprights a space of six feet was left for laying the baskets, with each pair braced with diagonals and transverse beams top and bottom. To the outside of this structure horizontal rails were then nailed, the first some 18 inches (460 mm) from the ground, and then at regular two foot intervals above Two or three narrow gaps were left in the lower rails to allow access. Rows of baskets were then stapled to the rails, at a downward angle of about 20 degrees. All the baskets in a rank would point the same way, with the open end set either against the incoming or outgoing tide. Added strength was given to some ranks by using angled props against the front post of every fourth pair.[citation needed]

(set: $briefStrangeLate to (shuffled: "Poor fry numbers have tracked through to poor parr.", "2015 was the warmest spawning season on record. In 2016 the population crashed.", "Large cobble and boulder substrates are favoured by young salmon in high-energy rivers such as the upper Wye and its tributaries.", "A slippery slope in itself is no problem. It is the art of the law to find firm footing on many a slippery slope.", "As the temperature rises, the solubility of oxygen in water falls. Salmon are a cold-adapted species, needing high levels of oxygen in the water to breathe.", "Ultimately, it is about value. $mr $mott contends that the lease is worth a substantial amount to him, say £60,000 a year, because $he can catch and sell salmon. The Environment Agency say it is not worth that, because $he cannot catch and sell that salmon.", "By analogy, policies addressing fossil-fuel reductions may compensate fossil-fuel owners for leaving their reserves unburned.", "Estuaries are home to many fish predators, including larger fish, birds, snakes, seals and even orcas.", "Dodson v Environment Agency [2013] illustrated how difficult it is to show that a regulator owes a duty of care to someone who has suffered a loss.", "Ultimately this is about the economic value of natureculture. $mr $mott believes that £300 should transform into £60,000 as readily as a parr becomes a smolt. But it is only because of government that there are any pounds at all.", "A number of abstraction licences have been varied under the Habitats Directive review of consents.", "The right to abstract water from the Wye and its tributaries was created by the Water Act of 1963, with little consideration of what level of abstraction the river could sustain.", "Anecdotal evidence of apparent abuse of abstractions regulations.", "River regulation can alter water quality, by altering water flow or the morphology of the riverbed itself.", "Overfishing in Greenland Net Fisheries are a factor.", "The salmon, their fins trapped by the weave and unable to easily swim backwards, are trapped in the conical baskets.", "Water pollution. Disruption of natural watersheds. Forestry and agriculture.", "Cormorant and goosander populations visit to feed and to breed.", "The Certificate declared the putcher rank to be a 'Privileged Engine' for the purpose of the Salmon Fishery Acts, on the ground of its long period of customary use prior to 1861.", "$mr $mott is $mrMottIs.", "There are fears that cultured fish will integrate with wild fish and introduce undesirable characteristics.", "a fish rots from the head.", "A head rots from the fish."))

{(if: (random: 1,4) > 1) [(display:"Set Late Court Decision")]}(if: $CourtName is not "Oprah") [''*The*''] ''*$CourtName, R ($mott) v Environment Agency*'' (print:(random: 1,28)) $month $Year ''Discussion.'' (if: (random: 1,2) is 1) [(display:"Late Court Pros and Cons")] (else:) [(display:"Brief Strange Late")] (if: (random: 1,3) is 1) [(display: "Salmon Sample") ]''Decision.'' I would $decision → [[Appeal]] (if: (random: 1,2) is 1)[(display: "Illustration")]

{(set: _temp to (random: 1,6)) (if: _temp is 1) [ (display: "Decision Extend Lease") ] (if: _temp is 2) [ (display: "Decision Abolish Property") ] (if: _temp is 3) [ (display: "Decision Enchant Mott") ] (if: _temp is 4) [ (display: "Rename Mott") (set: $decision to (either: "dismiss the appeal. ", "uphold the appeal. "))] (if: _temp > 4) [ (display: "Decision Enchantments") ] }

{(set: _jump to (random: 1,5)) (if: _jump is 1) [(set: $decision to "emphasise that $mr $mott is a little merged with money; $he has swum in it, upstream and downstream, $he has guarded $his territories in it, found $his companions in it, $he is a wayfarer. " + (either: "", "For $mott to make money is for $mott to make $mott. ", "In these waters homines oeconomici are protected. "))] (if: _jump is 2) [(set: $decision to "conclude by saying that never has a case so " + (either: "convinced me that rights are, as Jeremy Bentham put it, nonsense on stilts. Nonetheless nonsense has its uses, as do stilts. ", "revealed so plainly the tenacity, the steeliness, of the law. On the one hand, a right, a creature of the law, a thing entirely invented. On the other, the salmon, sprung not out of human imaginations, but from the gravel. Yet both are real. ", "clearly shown me the constructed and artificial nature of the law. Humans tangled in human devices: that is $mott v the Environment Agency. "))] (if: _jump is 3) [(set: $decision to "emphasise that this lease, because it is unusual, reveals something important about all property. It is artifice. An invention. Some property rights are imaginable but plainly absurd. " + (either: "If $mr $mott had a piece of paper that said $he could " + (either: "glimpse the fin of a Baiji White Dolphin gliding in the estuary, or a woolly mammoth fording at low tide", "hunt the Dodo and the Auroch", "sail the Severn with Queen Cleopatra, in her barge like a burnished throne") + ", should the Environment Agency pay $him tens of thousands of pounds each year, simply because they have broken the news that $he cannot? "))] (if: _jump is 4) [(set: $decision to "draw your attention to the end of the world, which is suspended in this case like " + (either: "a speck", "a glint of light", "a microbubble", "a splinter", "a glint", "a heavenly glow", "a splinter of light", "a sac fry", "a comma", "an infinitesimal bubble") + " in a " + (either: "drop of water", "splash of water", "drop", "bead of water", "salmon's eye") + ". You might not think to glimpse in $mott the end of the world, but there it is. One reason the fish are dying is $mott, but another is climate. The water is too warm. They cannot breathe, they cannot lay eggs. " + (either: "We ", "The humans ") + (either: "have the resources to address climate change. But not to do so while also preserving the wealth of the wealthy. That puzzle is too difficult. Wealthy humans ponder this puzzle, and wait, and the planet warms. ", "need carbon emissions to start falling immediately. So assets must be stranded, the owners of the infrastructure or unburnable oil must sacrifice that wealth. Who will compensate them? ") + (either: "In this sense, $mott v the Environment Agency gives us apocalypse in microcosm. The lease is an asset that should have been stranded years ago. $mr $mott should not have been condemned to unhappiness because of it. $mr $mott should have lived in such a world that $he would give it up gladly. ", "$mr $mott may not appear a good proxy for the endling beneficiaries of fossil capital, but then, they are not all oil billionaires. They are the pension funds of the Global North. ", "$mr $mott should get $his thirty or sixty grand, and so should we all. A radical redistributive ethos could solve this game-theoretic conundrum in the blink of an eye. ", "Likewise, $mr $mott's lease is an asset that ought to be stranded, without controversy and without prejudice to $mr $mott's quality of life. "))] (if: _jump is 5) [(set: $decision to "draw your attention to the art" + (either: ".", ", and the attendant complexities within Intellectual Property.") + " The image set surrounding the courtroom has a hybrid character, some Elias's handiwork, some AI. Of the latter, uncredited labour, " + (either: "effectively untraceable", "untraceable", "barely traceable", "traceable only by taking great pains", "in theory traceable but only with great difficulty", "effectively untraceable", "in theory traceable but only with great difficulty, like drops of water that join the torrent, while leaving breadcrumbs behind to retrace their steps") + ", " + (either:"flows", "is woven together", "mingles and roars", "is congealed", "intermixes", "flows and mingles", "flows, obscurely,") + " within the training data. And such labour is also, obscurely, intermixed with nature. " + (either: "If we cannot even correctly assign the bounty of the AI as belongings, what hope have we of assigning that of the waterways and the ocean?", "The weaving of human and more-than-human forces in these images offers a useful view on the Privileged Engine of $mr $mott. Can we, should we, minutely assign individual property rights in every atom, each neutrino in the universe, and moreover articulate for each its sundry enjoyments, exceptions, limitations et cetera? Can common sense and the collective good only legitimately emerge from the intricate interactions of a cosmos fussily delineated and endlessly tinkered with in this manner?", "The analogy has been under our noses all along. The challenges that algorithmic artwork poses for our longstanding notions of property are continuous with the challenges posed by anthropogenic climate change.") + " ")] (set: $decision to it + (either: "On balance, however, I would dismiss the appeal.", "I would uphold the appeal.", "The only way out of this mess is to pull out the roots. I therefore advise the repeal of all property rights, not just $mott's. ", "I therefore rule that not only $mr $mott's claim, but all claims to property, are henceforth null and void. ", "The only way to deal justly with this case is to reject the institution of property. The effect of this judgment is to abolish ownership. A transition period as humans adjust to the new law is inevitable, and further guidance will follow on the reinterpretation of the language of property within statute and caselaw. ", "It is therefore necessary to extend the scope of this judgment somewhat, and to declare an end to ownership. ", "In my view, therefore, the Environment Agency's controls must rationally extend beyond the scope of $mr $mott's lease, and limit any exercise of any property right whatsoever. That is, an end to property itself. ", "I therefore abolish money and property. ")) }

{(set: _jump to (random: 1, 12)) (set: $decision to (either: "therefore pass this judgment. ", "therefore judge the case as follows. ", "judge as follows. ", "decide as follows. ", "emphasise these factors. ")) (if: _jump is 1) [(set: $decision to it + "$mr $mott shall receive compensation in the full amount, provided he work the lease to a reasonably full extent. " + "To protect the fish, the fish will be " + (either: "puppets.", "puppet fish.", "robots.", "spells.", "illusions.", "fairy fish.", "faux fish, some sort of hologram or spell.") + (either: "", "", "", " $mr $mott may gain less satisfaction from this pageant of industry; $he may choose to conduct it awares or unawares, at the expense of Lydney Estate.", " There remains the question of whether $mr $mott should be aware of this. On balance, it appears that $mr $mott's awareness of $his situation ought to be adjusted to be more on a par with the sac fry and parr in the shallows where $he fishes." ))] (if: _jump is 2) [(set: $decision to it + "The heart of the case is that $mr $mott is now too old to be anything but $mott. So $he shall have $his right extinguished, but in return for every fish $he does not catch, $he shall grow a day younger.")] (if: _jump is 3) [(set: $decision to it + "$mr $mott shall be made alevin, fry, parr and smolt in $his natal waters. But $he shall not be one of the ones who is caught.")] (if: _jump is 4) [(set: $decision to it + "$mr $mott shall be made into a salmon in its grisle phase.")] (if: _jump is 5) [(set: $decision to it + "$mr $mott shall become a salmon, sly and swift, and brave the snapping jaws of seals, Greenland sharks, skate, cod, and halibut, and " + $mr + " " + $mott + "s.")] (if: _jump is 6) [(set: $decision to it + "$mr $mott shall swim with the salmon, but on the condition that $he does not learn or change, that $he does not gain sympathy or perspective, that $he always be the same $mott.")] ' (if: _jump is 7) [(set: $decision to it + "$mr $mott must have $his lease, but with it do the least hurt that all our collective efforts can permit. Thus $mr $mott is sentenced to shrink to the size of a salmon’s eye, $his putcher baskets each no bigger than a bubble; $he must ply $his ancient practice across a puddle’s back.")] (if: _jump is 8) [(set: $decision to it + "The problem is that $mr $mott’s traditions are not terribly picturesque. My sentence therefore is to ban all steel and iron and alluminium within a hundred miles of the Severn estuary. From hazel and from withy shall $he twine $his traps.")] (if: _jump is 9) [(set: $decision to it + "Where is the closest possible world where $mott is happy with $his lot, and the Environment Agency happy with their stewardship of the Severn Estuary? " + (either: "I would dismiss the appeal. ", "I would uphold the appeal. "))] (if: _jump is 10) [(set: $decision to it + "The problem as I see it is one of continuity. Having not enough synchronic continuity, $mr $mott has a legitimate yet badly bloated right to diachronic continuity. In simpler terms, it is not fair to change so much for $mott and not change it for a great many more. Then shaking and quaking can be $mott’s stone, mercury $his steadfastness.")] (if: _jump is 11) [(set: $decision to it + "$mr $mott has expressed sorrow at the loss of the tradition. And so this court rules that $he shall swim against the tide of time.")] (if: _jump is 12) [(set: $decision to it + "The problem seems to be that $mr $mott cannot make a living. The living $he has been making is deadly to man and beast. And so I declare that $he shall have a different living that is not.")] }

{(set: $mott to (either: "Moot", "Moot", "Banks", "Riverrun", "Mitt", "Melt", "Salmond", "Sturgeon", "Mawk", "Bon", "Brut", "Brott", "Gott", "Lott", "Cott", "Whatnot", "Potts", "Meek", "Mop", "Mogg", "Murk", "Nott", "Nott", "Otter", "Potter", "Bodlington", "Singh", "De Ville", "Cruize", "Marple", "Mandelson", "Mussa", "Potts", "Knot", "Crot", "Cott", "Scott", "Mutt", "Lazarus", "Crane", "Mohawk", "Stoddart", "Sinclair", "Cheung", "Chang", "Fishfinger", "Clements")) (set: $court to "UKSC 10") (set: $CourtName to "UKSC 10") (set: $earlyJudgments to (random: 0,1)) (set: $decision to (either: "dismiss", "uphold")) (set: $Year to 2019) (set: $month to "August") (set: $mr to "Mr.") (set: $he to "he") (set: $his to "his") (set: $hisID to "his") (set: $him to "him") (set: $himself to "himself") (set: $guy to (either: "guy", "guy", "dude", "chap", "person", "fisherman")) (if: (random: 1, 5) is 1) [(set: $mr to (either: "Dr.", "Professor", "Cardinal", "Archbishop", "Herr", "Captain", "Father", "Cllr", "Lord", "Father"))] (if: (random: 1,5) is 1) [(set: $mr to (either: "Ms.", "Ms.", "Mrs.", "Miss", "Dr.", "Professor")) (set: $he to "she") (set: $his to "her") (set: $himself to "herself") (set: $guy to (either: "guy", "fisherwoman", "fisherman", "woman", "person"))] (if: (random: 1,16) is 1) [(set: $he to "they") (set: $his to "their") (set: $hisID to "theirs") (set: $him to "them") (set: $himself to "themself")] (set: $salmonPrice to 100) (set: $annualCatch to 600) (set: $catchLimit to 30) (if: (random: 1,5) is 1) [(set: $salmonPrice to (random:1,100)*10)] (if: (random: 1,8) is 1) [(set: $annualCatch to (random:1,150)*10)] (if: $annualCatch>1000) [(set: $annualCatch to (random:1,300)*10)] (if: (random: 1,5) is 1) [(set: $catchLimit to (random:1,20)*5)] (set: $compensationPaid to $salmonPrice*$annualCatch/2) (if: (random: 1,5) is 1) [(set: $compensationPaid to (random:1,$annualCatch)*$salmonPrice)]}

(set: _temp to (random: 1,3)){ }(if: _temp is 1)[(display: "Poetic Justice 1")]{ }(if: _temp is 2)[(display: "Poetic Justice 2")]{ }(if: _temp is 3)[(display: "Poetic Justice 3") (if: (random: 1,2) is 1) [(display: "Decision Enchant Mott")]]

(if: (random: 1,3) is 1)[(display: "Salmon Sample")](either:"","What an insane merciless ritual. ")(either:"","All those swimmers, all those steel shuriken. ")(if: (random: 1,3) is 1)[(display: "Salmon Sample") ](either:"","All the leaps and the courts can only endlessly reshuffle its Matrioshka magistrates. ")(either:"","Every salmon down a different razor tunnel, as if the correct combination will unlock a different memory. ")(either:"","They remind me of the Jubilee bunting at night. Wrestling in the streetlights. ")(either:"","Blown by the light and lit by the wind. ")(if: (random: 1,3) is 1)[(display: "Salmon Sample") ]Those fish. (either:"","Go with potatoes.")

(set: _lamp to (random: 1,21)){ }(if: _lamp is 1) [ <img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjKOe-83hCgVF2U1w4qZ1NrTg2oPI8ZG5IToT8Mj36q500JCC1xZRyNjtfaTzG06AjAGipEZs9j3MU6pqjYMQiGt0KI4pda2JXj6QqEQifijEK2rNWCslSVRsWb2Xd0cw5onaO0DI0UU9fCsrdw_ADzh5Iq_R32erHkgY-N5G35QfvSs0KYn4Ato37L/w640-h294/Severn%20Map%20of%20the%20Area.png"> ] { }(if: _lamp is 2) [ <img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgmrJ5DvDPzcxbWElvKtEjzOFP_q1LhWwzZNIm0FPxVmauu4K7pC_9jb4Agl0N_7YXn_EX54hEs7TASgjJXM597H2B5VlotZ1NUGPtMgl-x_TQQjlgOB0kckX5O-Gz6IOzg9xQRAFPDR1EfSZ9i8pQyIzUinOCBrZSSMXhmEvgTtFvJih_45volnGDW/s320/Putcher%20Sketch%20Small.png"> ] { }(if: _lamp is 3) [ <img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgpcgGAlVzaq2LyNZXg8q2dcwUPZeKrZhXmaRqDZcMS5NP0pwcvxzkt7ocpQxSbhoNoabab5IHNWyS4fmjS1qJcht3f7rk65QsrIrHl6KHuguVwuPu0ZRnZcqp2Pdr95ezwDD6coA0hTyoUzzF_c-F3bJ5WgB5W3AxK9ytEDUI0vuJnFXJtzz5yf_SQ/s320/Fish%20Sketch%20Detail%20Kathy%20Y%20Small.png"> ] { }(if: _lamp is 4) [ <img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjAOefgTeQ7NQCP7Rtxjpzc-sVbwJPYs8X8AtCBecH_jZ24UBnMp-dHiLQ9x60wUc0VmhLxkYOZ_3f_TNO4u2fHYeMxx0vBJ-IiZWtk7h9R3y7AfYot9ZRO5yHTO2T51pgNpkmoI5K007Y3mC50fa3wBQYNrbk5eOGf8H43KEWfEd3DsN0sgsL28LQm/s320/Fish%20Small.png"> ] { } (if: _lamp is 5) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg_6ugTCbD-2VWFfwXS4i9KevqTVJKEPaEjP8j0WcZAhHD-IS8ctFQwp7jreYk_2e3DLAqWRPOv6jOESVLmC8D20j9n2QWdxFRPpOiqRgt4VELquzs25MUOtLvpUTUrSNAbY07GwVJf6HxNFXRyHIvFxxCAlh-VIepJI70F2ViKlNhRPimOUPJwj0vb/s320/Court%2011.png"> ] { } (if: _lamp is 6) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg21DSqgFbTwczusmL5EPa40nPYrhuyVGFDyvyGPrBgyOw9f5o1JRaF5ZzuD9boZCG2WC0hDyCNYfIVlTLU6f_D84GU4A55cnE6qZDELh7scpRzoCSUKIqzIQjs6OT75pgOs7DmocNYPkE9w1j3Vq0PXFf0tzHZAR5IWEU4nENMOQVCL7LkSvKAu6oZ/s320/Court%205.png"> ] { } (if: _lamp is 7) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg7mD0ypLAjRN3xzooBxSMKx1S7beFxCIxDFFsAgnWh1TczT0vew20niuQXleeYR0qEOXW2mHcYrtuCB-7K91T0yTBodTNppRKmE_0NrcINdYlZIvZw2I-tPhk2kS4YRYUdGWz1lCxc43737lpzEeH-Ax31EopvjOUrYoc2lEt2_NyVfvRXIxBwQ99a/s320/Court%201.png"> ] { } (if: _lamp is 8) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgKP6tFcEMTFTpKRvS-lgflUgmKZZ4wxx1AK0qScggHRQd-N4KvgqysKUQctRqIh-5E21CzkvZZvWIlBlDFr1kIMbWHb0FP-mRA3Lphi75ylNyVBSzCzbmuiT0npSnmNJunAkYmmnViANkAkeC8B4_FuHpMScnQtkoNV8Tn6mc_dPhqE0vpkqYf5jcs/s320/Court%209.png"> ] { } (if: _lamp is 9) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgl7VJe-MJ4wVKPGf2S6xffwRm6GIXNgfnvC76avUg-7V6kdRE9SdfNfTJ6jlVSa1dB9oAe12NVA3fRReifrSFRELgJEHmynAx4E7S1hrwt0axGbfYj6WErYTl_nq76Mit_Wn8jD4cUTsROd05BMBus6IY9Kp1f0UZtp1bQzoZabVipmbiLFjeSwJG2/s320/Court%207.png"> ] { } (if: _lamp is 10) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgVQDH609ZlfRUXgkKuQpuluTtYfQ-DCc0RGg5vYNtGvl56u2GjBepAkMMKUquI9R6Oa25xMYC_BQqfZMUZsWqPyffCJ1NavxgGDYkhrwjbaRkF6AfN2Xfulj8OR4C9s6yHG87p82b-f2u7DVU6v26hLt6yWKE7_Zl5J9q1Jj284Pja464ub3IgkM6v/s320/Court%203.png"> ] { } (if: _lamp is 11) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgZxI7CpsstSaxrJwSnNK2unLPcyV9ehFmmsPaVfBMbcSLOuVTm1Mh_cOmXXcpPJYOrw0Yhx4CFLs4abe82E1Zi557h8G4HzAC71G2X5vKKoxrS2j0MZ6nTeAxoqsSyjPctiJTnQrCs63odxzgZdUZ8wQ22wO3nLRSshEH8r494w31PTwgz2yU9sUor/s320/Court%2010.png"> ] { } (if: _lamp is 12) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhT3EFpx2S6UPfVDZlMi5_qN4bKYbj2HMnzYxwQ68dKr8x-Aa9azngejDepwZGRnz5oStmy5sWDDbBStl8hZ_KlYczHFE0iDO2_L7pz0X-7D4Lbr4loHd3oQ_GAdPw4FOAUfaDwlYpxNS1hyTGtdrOWUxWvNvVfpA0-fTZnJEqNzu4nQhzaqScQJLUr/s320/Court%2015.png"> ] { } (if: _lamp is 13) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiDIee6hsunY3a-VxAY18ceADVa7xQf1-d6wO6-wt3pDI2PbpH0aUyTu0cCJ4oEfnJHm2Hl7QlXvNHCx4cLu3irepkXvuFhBF8e6T2oQKb7IXQOuC75fvy6wvu178NXUkhxgtJ_7gqF38SgQIWTziehxsX0tCFhmOBavXRVJBbOXdPt3j44xzyvmcgA/s320/Court%2014.png"> ] { } (if: _lamp is 14) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiFF-pV7FjX21uyiRLFA2kEXXVAGIV3XWSBopC9pI3Mc5C9rDhS7znQ-zrBePDN6GbOIlquqqFaj3MwNKJnadkAJxMn8yh1yUkWYqIDwVtX5ZaqTPiple2vf0aHdiZeEHpi01vpAn0hNz9tfryZy9XJkigc00Vx0l1f9iFjJ0O3Ysg6v7R29HZH0Sw6/s320/Court%204.png"> ] { } (if: _lamp is 15) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiKtVRUrv-Ozh6wUEu4M6e7mVJb4rwJufhQsvn0XihK-DsdGJ1S52M6-FwY_DylVTV8vGzYrT6B2hz6myTGZ2C09KIoUVDbx0Nh7TXgKa1G4QzDL5BuPHm2wMcMbCRDtH8xQNhfXHhlWq5F12jHEzqBKunLYZW6Mw-aYuw-EmjReEZZOPYypAGx46Lw/s320/Court%2012.png"> ] { } (if: _lamp is 16) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEilyEVjgE8PvB40xNpLQ-EQ5ju7tTDgQsc0RggLFdOcorEqnKMD87qtP4v-98Su4uDciDE33y9SlDu5IjuqBAH8Ywqps6F1vDIgf7hTXQYvMzVTKZ-3QxYvnwE5I-HZtKVWDOeZuo3XqX6kVl94tFGkqSb5Um00LabzjvcwX1FasoDGkedv6aOgLdAN/s320/Court%2013.png"> ] { } (if: _lamp is 17) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiVRLeXIY3_r2FO9Oj6HUAXwg35ddl1O8nHf5hZJxLFnBWo6FKY1cuSKJ58mz-lEICfSa8I2oxm3ezXQgokIH8PWJir6lFRsQLf5b2xtmuzkJEB0-UuK7bN9q6cC-gNURddVowMgnhG-vb2siLFNWMjQrdX7VTo5onRVcH0uf_n8WxpW3ElfkWZhKsk/s320/Court%206.png"> ] { } (if: _lamp is 18) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjk6e9fKhXJiv-aQHL275zSdByKM0nwnpfwxLcNe7GB1nAebMw3HO0tqYqvikSMrjZQtl28Uk5_rI-g-33Jd7ABp34aoObFYsD1pL2Q9Nz0iXXJ43nN-Vo6AJE7bWNFia8QIIUVPVxI1-JXVjfmSeKl6uqd8Jpxy381ffPr9Y0yHmUawNAWu2c9VuTJ/s320/Court%208.png"> ] { } (if: _lamp is 19) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjlFveaa_kqgwAcsl59TBng4lYA-AjmI9LXbis1wxcXxxVraA1Hxqn5ri7S4rjKV8TaXTU8VBt9GRQJoRTfczSZB8U9Cvd0ltvN_Lka1hCEb-ilA6CldJRZI6ajajGfmA-gCVgybCofryZwFVLAj1B6JPjFtto9x24yIkD6v8J_TTaiauebp-O-7nHO/s320/Court%2016.png"> ] { } (if: _lamp is 20) [ <img height="200" width="675" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjXDTXG4t-wMDTWOLS1W_kAcvcP0FFwq1MFs8weDZtaEpCpNQqel37hMY3XLZQO_IMD59YeJ7d1m4OXJyMF5FCjn7bT1Fkz1Ngx8OKHi1vKYJuA2DCWqfycmku9jwV5-ubt_H-hCVj5srehxcPln6_eAuweUob6_gC-7r_AzGJeDnwwR-15zTgs2fec/s320/Court%202.png"> ] { }(if: _lamp is 21) [ (display: "Strange Illustration") ]

{ (display: "Set Brief Strange Late") (set: $rareDrop1 to (either: "As Lord Reed set out in Bank Mellat v. Her Majesty’s Treasury (No. 2) [2013] UKSC 39 at [74], when asked to consider the proportionality of a measure, English courts generally consider: (i) whether its objective is sufficiently important to justify the limitation of a fundamental right; (ii) whether it is rationally connected to the objective; (iii) whether a less intrusive measure could have been used; and (iv) whether, having regard to these matters and to the severity of the consequences, a fair balance has been struck between the rights of the individual and the interests of the community.", "The impact of environmental controls are of potentially wide scope, and may include for example the immediate parties to a given claim, the wider public, future generations, and the rights of non-humans. This does not detract from the need to draw a 'fair balance', nor from the potential relevance of compensation in that context.", "Environmental controls imply a wide range of potential losses and benefits, whose magnitude and distribution should be part of the Agency’s calculations in formulating and implementing environmental policy. The rationality of the Agency’s imposition of catch limits is no longer being challenged, but this court must now consider whether the limits struck a fair balance between $mr $mott's rights and the measure’s conservation objectives. When reviewing the Agency’s decision, the court must take into account the purpose of the measure as well as its effects on the respondent.", "In the High Court, HHJ David Cooke found the Agency’s decision to impose catch limitations to be irrational, in the Wednesbury sense that no reasonable authority could have reached this conclusion from the evidence available to it. The judge’s reasoning on this, and his willingness to enter into analysis of the reliability of the scientific evidence presented, were criticised in the Court of Appeal, and we must proceed on the basis that the decision complained of was one that was open to a reasonable decision maker.", "On A1P1, it was accepted by the parties that the lease was a “possession”. The judge considered that, whether the restrictions imposed by the Agency amounted to control or a deprivation, the central question was whether the measures pursued a legitimate aim, employed means that were reasonably proportionate to that aim, and, in particular, struck a fair balance between the public interest and individual rights. Trailer and Marina was distinguished on the basis that this had involved a challenge to a legislative scheme, rather than a specific executive decision, and did not support a conclusion that any restriction on environmental grounds was permissible without payment of compensation (para 93).", "In the leading case of Sporrong and Lönnroth v. Sweden (1982) 5 EHRR 35, the European Court of Human Rights (ECtHR) set out three general principles that can be derived from A1P1: the right to peaceful enjoyment of property, the right not to be deprived of possessions apart from under certain conditions provided for by law, and the principle that a state may impose controls on the use of property in the general interest. These three rules are not 'distinct' in the sense of being unconnected: the second and third rules are concerned with particular instances of interference with the right to peaceful enjoyment of property and should therefore be construed in the light of the first rule (Bäck v Finland 40 EHRR 1184, para 52 and AXA General Insurance Ltd v HM Advocate [2011] UKSC 46; [2012] 1 AC 868, para 107 per Lord Reed).")) (set: $rareDrop2 to (either: "A thought ritual will be helpful here, hybridising western-style thought experiments with more Indigenous ontologies.", "The heart of the issue is human exceptionalism.", "To come to an appropriate judgment, we require a thought ritual aligned with principles of complexity theory, and grounded in practical activity to generate storied agents and relations.", "To unlock this impasse, we require descriptors of diversity, connectivity, interactivity and emergence.", "Our judgment must value ways of valuing.", "How do we value different ways of valuing?", "Complex spatial structure in the Severn area has led to a mismatch between the scale of biological populations and spatially-defined stock units. From a fisheries management perspective, approaches to redredd this might includ status quo management, so-called 'weakest link' management, spatial and temporal closures, stock composition analysis, and/or alteration of stock boundaries.")) (if: (random: 1,3) is 1) [(set: $rareDrop3 to $briefStrangeLate's 1st)] (else:)[ (set: $rareDrop3 to (either: "What does the salmon value?", "It is necessary to map a network which encompasses $mott, all salmon including ancestral salmon and potential future salmon, etc.", "It is necessary to map all the agents as a network, recognising that the network connections are not the same from any given point within the network.", "We map the network of agents, use narrative in collaboration with $mott, the Environment Agency, Speaker for the Salmon, and other stakeholders, and use supra-rational moments to identify transformative feedback loops.", "Time should be non-linear in the process of assessing a fair balance, so changes may be perceived in past, present and future.", "In assessing the fair balance, it is helpful to think of time as a spiral.", "Stocks are often incorrectly assumed to be discrete units that can be exploited independently of each other. This can lead to spatial mismatches, biasing stock assessment and impeding the assessment of a fair balance."))] (set: $rareDrop4 to (either: "R (Trailer and Marina (Leven) Ltd) v. Secretary of State for the Environment, Food and Rural Affairs [2005] 1 WLR 1267 concerned a challenge to the legislative scheme governing Sites of Special Scientific Interest. Amendments in 2000 permitted restrictions on the claimant’s land use without compensation. Previously, the claimant had entered into a management agreement with English Nature under which it had voluntarily agreed to restrict its use of the canal in exchange for an annual payment of £19,000.", "the distinction between deprivation and control is not always clear-cut. Sporrong and Lönnroth v Sweden and Jacobsson v Sweden (1989) 12 EHRR 56 establish a requirement for fair balance between public interest and individual rights, tantamount to a requirement of proportionality. Whether this requires the payment of compensation will depend on the circumstances.", "provided the benefit to the community outweighs the detriment to the individual, a fair balance will be struck, without any requirement to compensate the individual. Should this not be the case, compensation in some appropriate form may serve to redress the balance, so that no breach of article 1 of the First Protocol occurs.", "the market value of $mr $mott's property, and the use that can be made of it, appear to have been substantially diminished.", "is the Environment Agency the cause that the lease has lost its economic value, or merely the messenger?", "Depalle v. France (2012) 54 EHRR and Hamer v. Belgium (2008) (Application No 21861/03) both clarify the weight that may legitimately be placed on environmental protection, and the latitude to be afforded to public authorities in determining how environmental and planning objectives are to be met.", "as explained in Depalle v. France (2012) 54 EHRR 17, 'regional planning and environmental conservation policies, where the community’s general interest is pre-eminent, confer on the state a margin of appreciation that is greater than when exclusively civil rights are at stake'", "in Depalle v. France (2012), the applicant had purchased a house built without permission on maritime public property. Between 1961 and 1991, the applicant was granted rights of temporary occupancy. In 1993, the applicant was informed that the temporary occupation rights could not be renewed, but was offered an occupation agreement that would prevent sale or transfer of the property. The applicant rejected this offer. An order was subsequently granted for demolition of the property. The ECtHR held that, despite the lack of compensation, the demolition did not amount to an individual and excessive burden upon the applicant.", "guidance on factors that may be relevant to the 'fair balance' test can be taken from R. (on the application of British American Tobacco UK Ltd) v. Secretary of State for Health [2016] EWHC 1169 (Admin); [2016] RPC 22 at para 783, in reasoning based on a close reading of Vékony v. Hungary CE:ECHR:2015:0113JUD006568113 and subsequently approved in the Court of Appeal: 'the importance of the public interest being served in relation to the nature and importance of the private property interest being intruded upon; the economic consequences for the applicant; the existence of transitional protection; the reasonableness of the process by which the rules were introduced.'", "the challenge is at a 'micro' level to the treatment of the respondents within the Agency’s scheme, and the extent to which an individual and excessive burden has been placed upon them.", "as the European Court of Justice put it in Booker Aquaculture Ltd (trading as Marine Harvest McConnell) v. Scottish Ministers (Joined Cases C-20/00 and C-64/00) [2003] ECR I-7411, a challenge to a regulatory requirement to slaughter diseased fish without automatic right to compensation, 'the measures referred to do not deprive farm owners of the use of their fish farms, but enable them to continue to carry on their activities there.'"))}

{(set: _lamp to (random: 1, 15)) }(if: _lamp is 1) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg3oRaSxX8ysbWkXxnFPCX7lEmDjDm-gjEfyqpl2cRlAe-AKfla3oSCSbONuN8TpLKcJrH_vkSLtqFU4mBHooVJWk8AV5yQP5XBYBB-GK7s0p_mE2q-33AwdCfbH1ise59TlR-whxZgptz2dhPDZnlQ5V2nRkms5Qr2kodvQe1pakoPYhK_2wn6U_hM/s1265/Dream%20Illustration%202.png "> ] { } (if: _lamp is 2) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgwdMJzGRCqaWnWYOKtZmamd3mdvKELFWKH_BG8l8fnfIfjNVMQBAYfZgd0OqG1x_5kpt_duLlmU8-jzT-4eAAQsK0LKQnEEvXfwaMrH-LiaCkajDDQbNi5pgoJ7d8qL7Vttix34wWF5JVCQLGOUvvYO9gjCdCZ7YwsKsmtW4JhLMGFcZQsjI8Lwe5v/s1252/Dream%20Illustration%2010.png "> ] { } (if: _lamp is 3) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh63pPTRGYbztPAbRJKmJ3OJvtjCynVpjw8ypem1hfSK-g82ecoI6rl7LWGGIGNypAMnLEHFD7LQzocanB2FlsR6FbCxBq82eun5CJhFLHmu_GSTkb0GGvReZ2jvFSwOuBO4UEwiixapXo7YTBXYBXB72u1NHo3Gg1AQKQ2pd8KKPZ-j3JwTQFJiCSa/s967/Dream%20Illustration%209.png "> ] { } (if: _lamp is 4) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhBtTLQV2W4ooaNFimw9itzWJzpDNRrOh8AiPI_Yq64WAUtoNypbQS2Ig8tFs7Qos0eUmeu5PzerlXEPrNEhepGbQhS06vHmod-sWUf9KA5DhQ9I-pK9AqtpXBNIDIKZgJezvTRKl2u5NRcBZLO9Sn38kto1YxU0Kkq2eelmVGlveFyAlMu4STgYI2H/s1253/Dream%20Illustration%203.png "> ] { } (if: _lamp is 5) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhzhIqYNJ8RGoIc_-2fMaK5oWB5u6hU8AM9EGzbyexDDdKI-bKsro6o-w8le1AIPx3xqaC9sqwugNtYa62TC9Usb9bFsTeLcfFLvknwcgeQIxPJdFgmJBvwFlMGZ-JkZ2Tkc4NYth7xq7SZLRDmwDKN9M7goktHzU5w7cSUXaXIg88yr5_S5Q4XTD7C/s1251/Dream%20Illustration%208.png "> ] { } (if: _lamp is 6) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEit6Tw3wfKnSuASQAaadBZrEhyDAU0SETEtkjEfuLzGB5yXcl5xpL1IKpYcHUjIdsT4iZbHozbS9oEWmRW5cSbgtqcL_CWaKIfUFnPPncxnZfsdlboKJ9lOBQiiQy2jdLSEmwyV1pEnn4spyUusJ_aT9tP3EOKSqOWnYca5Ks91plpF7GADSbEy-Sgn/s1258/Dream%20Illustration%204.png "> ] { } (if: _lamp is 7) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEivHAFnPe2gFy5xzncuhVgux43y_SLmwGoEemWktjQXkIWgxZqZFNXXG9KNivmCIvDPRgsIpVERlELDLSupUMJ8epi05q9zBBExzkT0RXv625s8u3sKSr1FhEb3oGtIRzEpraa9f6FZBRnu7cfIL20L-xbrX4Vz8vkSxHuPf0q3cy7HMfTFm1hhnica/s1341/Dream%20Illustration%206.png "> ] { } (if: _lamp is 8) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEivWK-l2O9Zq8cDJCUBKkKX-DZdpnp3CIDw8oYaANnhDGB33Zg7Z0pQPNENP_fYD-mk-t1DDDSVS9EFGeuiQz5Tn8Lf8DYZ3AkMTyZvis61KQrvHMia0BDQK_TeliftyQ-IqelhEHIsYAO-5P5hJiULqEUAcxGKsDv5j-qRRB-oO-G4rbmx_W-xxQZP/s1025/Dream%20Illustration%207.png "> ] { } (if: _lamp is 9) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiWSsLjjsdHgzEuS5KpAwBRixcWhNmOUzyPEFQ9Gkt9izaZGN6W8RMq4BeNlAkMw-Gm-YcUCkxkRrycRMI4CdRUuQd-QR6Hz-8f0Y3IfsOIogL0xNr2uPb4T26s108LyQbR6Lx_QBihvKd61a2EVJW29Afpkb0OW7jLsNQuyTGIauKu2tZ0kntGHtO_/s726/Dream%20Illustration%2011.png "> ] { } (if: _lamp is 10) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjD-9RNlMEMXPKjsYm4K7kgo6QIsjr3YgLXomZVMwLxKApp4V1tl8qzDUMNYeCMDL-4z_rexDzx9pdYs6knx2sDz8CEKojHTX6TcdhFUkAZqd3zYzdlGTJAV5tPPQr0_G29m45Sh5LafXXP53LKiMZH2yYNrbGVeEbAaoNJ3iuiIJJ0vtyJu-eNM6pI/s1311/Dream%20Illustration%205.png "> ] { } (if: _lamp is 11) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjE2gADSctsMVNAI2D8I3EvHceLpHMKXiN9cA5NHVuAz0afR3jKRjj_o4yWFojg5gxL-0s5lstWg6hNeD--biNASJclTyb24bO9bxVLecrtNFQvfuMtmVY_vzS3KcAurG0FW3vGG20m__8ynjR-7Guk07yBfEAkBed0aCo6ZNYofesFhFAwlUHJ_1v7/s1106/Dream%20Illustration%2012.png "> ] { } (if: _lamp is 12) [ <img height="200" width="675" src=" https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjfGCM7Md_pIjxej9oUidVD8Z669Va_FRvy6rLnjC8l9sREWwVKgUOMu8ppIqIQYeVpwlOT4Alk1Rmtx47BsQNqW5bBz6fHrnKobJIYHkMlO8Q5aLRhCXC09fiFahoBHZhPs27c9EIvG8vg6_ovTgxpQJ3PABlXtrl5yXv4MvxWkjGbsQKe0iE1u7cG/s1265/Dream%20Illustration%201.png "> ] { } (if: _lamp is 13) [ <img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjAOefgTeQ7NQCP7Rtxjpzc-sVbwJPYs8X8AtCBecH_jZ24UBnMp-dHiLQ9x60wUc0VmhLxkYOZ_3f_TNO4u2fHYeMxx0vBJ-IiZWtk7h9R3y7AfYot9ZRO5yHTO2T51pgNpkmoI5K007Y3mC50fa3wBQYNrbk5eOGf8H43KEWfEd3DsN0sgsL28LQm/s320/Fish%20Small.png"> ] { } (if: _lamp > 13) [ <img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi2FfNGR4n1G_N-kcr2JDZpxHukbJWwXVaV3cMwb5tl0LGWmN8mQBLF7LWXZHTA84H43oyn-vc3uHJ18hg8VS-Sg6dUCQitwpY5VsIG2fAnw3o57cslpI2_XruLlZpBJyy9ubhI-e1tRPTKcogkUatjBC8_tgdAukV_iYXjsktOVKzVrpEUw-x3DBWA/w640-h640/final_fish.png"> (masteraudio: 'stopall') (track: 'witches_dance', 'playwhenpossible')]

(set: _lamp to (random: 1,3)){ }(if: _lamp is 1) [ <img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjz-FLW_BLISin5Ar1n6c9wnlWEPqDUq4PwHwZnw2-HVeST0P8bnMqw7ZcNBxPd1Ih6Qaj_JOnmBl57EWyZEbeswYz0xyTimbH3AMv5RJ-318MDqEOF2urLaB831CbbG2xLeRj41XYePgydjSAi0QGBkNXCX9sxeOg-FSSlC_vu4YUVB5i4g0-bYtRM/w400-h400/Salmon%20sketch.png"> (track: 'abdication_1', 'playwhenpossible') ] (if: _lamp is 2) [ <img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjAuA_kWeM_unLgMNncAsHoC_qBq9xlfzLsmKd8j2I-CprYAAf2XPBgWvt9DABuCefYmrDnXVnXzmwKj6gIubaGD2jRdpHBxrXwmvCwNqcAhiz0rk0mEgzt10xH6k0mZG8WTMR8F2f987xljaEt4LJWnXiS7WVfbX8K349xTzWa3YQyoIhf7SpjxDj7/w400-h400/Mutant%20salmon.PNG"> (track: 'abdication_2', 'playwhenpossible') ] (if: _lamp is 3) [ (display: "Dream Illustration") ]

{(set: _jump to (random: 1, 3)) (set: $decision to (either: "therefore pass this judgment. ", "therefore judge the case as follows. ", "judge as follows. ", "decide as follows. ", "emphasise these factors. ")) (if: _jump is 1) [(set: $decision to it + "Time must meander back, to a moment more " + (either: "propitious for", "suitable for", "pregnant with", "flexible from the point of view of", "conducive to") + " " + (either: "justice", "justice", "fair outcomes", "multi-species justice", "wild justice", "common sense", "just distributions", "wise decisionmaking", "cunning choices", "subtle reasoning", "the fit between law and truth", "judging") + ". I therefore rule that the clock be " + (either: "abolished", "spun backward", "tied up in ribbons", "switched with the bell, the bell switched with the swan, the swan switched with the foreman of the salmon", "taught to tock-tick", "reversed to the tune of twelve seasons", "broken and scattered", "turned back one year", "turned back five years", "turned back twenty years", "turned back to the moment of $mott's conception", "turned back to the moment $mott made $his way in the world", "wound back fifteen years", "wound back seven years", "turned back seven years and seven months and seven weeks and seven minutes", "given a hand", "given a few extra hands, so that some may tick forward and some back", "given a few extra hands, so that some may tick forward and some may tick back, and they may share gossip and good news wherever they pass", "given many more hands, some to tick clockwise and some clockfoolish", "taught to swim", "taught to swim, that $mott may lay $his rank for it", "poured into the Severn, where its seconds may spawn, and perhaps may find their ways to $mott's rank") + ".")] (if: _jump > 1) [(set: $decision to it + "$mr $mott shall have " + (either: "time", "water", "rivers", "memories", "money", "gold and silver and jewels", "a fine ship", "condescending generative artworks made about $him", "satire and lampoons", "lampoons and harpoons", "contrition and compassion", "vindication and victory", "a language whose speakers all are dead", "a language suddenly appear in his brain, one with no more than twelve speakers, including $mr $mott", "an Engine of another Privilege", "an ever-replenishing bowl of fish stew (not dishwash safe)", "the best of weather for as long as $he lives", "a long and prosperous life", "three wishes", "three wishes, each of which has already been wished", "three unwishes", "the opportunity to fish for three more fishes. But among the fishes in the river, there will be introduced three fishes that are actually wishes. Should $he fish a fish that is a wish, $he may wish what $he will. When it is done", "a beautiful coat", "an audience with the sun, to determine $his compensation", "a forest to wander in, where rivers grow on trees", "a forest whose roots are rivers", "a sky of $his choosing", "Amazon, Jeff Bezos shall have a bezoar", "Amazon, Jeff Bezos shall have $mott's Privileged Engine", "an appropriate post in the Environment Agency", "a senior position in the Environment Agency", "an apprenticeship for a senior leadership role in the Environment Agency", "an Executive Directorship in the Environment Agency", "wings to go where $he will", "gills, without prejudice to $his present respiratory practices", "an armored coat of the finest manufacture, that shifts with the seasons", "the last few years back, to better spend them", "a word with $his younger self", "a word with $his younger self, somewhat in the manner of Ru Paul's Drag Race", "a template for all future lassitudes", "a template for all future leeways and latitudes", "a rule to use as $he would, as a tool one would want always on one's person and never left in the van on the shore, or at home by the hatstand", "a court all of $his own, complete with judges and fish", "all that he can, literally, dream of", "thirty dreams, weighing not less than 120 pounds", "a diaroma commemorating these events, spun of the finest electrum", "access to the third duration, that is neither day nor night,", "access to the third duration, that is neither day nor night, yet partakes of the excellences of each", "a spring in $his step", "twelve ordinary shares in nature itself", "a squire, who shall volunteer from among the salmon for this honour", "a lawyer made of fish", "a fish pie", "a salmon that, once eaten, is found the next morning in $his trap", "a monthly payment sufficient to free $him from toil forever", "treasure, mostly sterling notes and coins, materialising in $his putcher rank each morning", "hazel and withy to content $his heart", "a hazel rod", "six hazel rods in compensation", "hazel and willow in compensation", "a life time's supply of steel", "the power to turn hazel and willow to steel", "six week's community service", "a prison cell that, save it is a prison cell, is a sweeter place than any other in the world, and whose doors can never be locked", "a salmon for a cell mate", "a parr for a cell mate", "a new role as a prison guard, and all the salmon will be $his prisoners", "a quest to complete", "a quest to devise", "a quest to fail", "a song written about $him", "a delicious secret recipe that requires no salmon (or does it?)", "a prison to manage, and the entire staff of the Environment Agency will be imprisoned there, however", "a successor, to whom $he shall teach all that $he knows, on pain of transmogrification", "half a wish", "an apprentice like an onion, with littler and litter apprentices for each apprentice $he peels") + "; the Environment Agency shall have " + (either: "ash and oak", "fire and ice", "wine", "salt", "electrum", "hazel", "all the carbon sinks it can, literally, dream of", "half a wish", "$mr $mott's head, assuming $his consent in this matter", "a quest to complete", "a quest to devise", "a quest to remember", "a quest, and in that quest a task, and in that task a chore, and in that chore a fidget, and in that fidget a quest", "additional staff to meet the challenging requirements this entails", "resources that are not anything in particular, just resources, the silvery-grey matter of resourcefulness itself", "recourse to their resources", "a fleet of salmon-powered cars", "Sammy the Singing Salmon", "Sammy the Singing Salmon, which should requite their needs", "Sammy the Singing Salmon, ensuring a just outcome for all", "a pot of pease pudding", "porridge, as much as they can eat", "the equivalent", "porridge, enough to fill their bellies", "their rivers protected, as best they can comprehend that protection", "every protection within their ken extended to the rivers and the waves", "the power of speech", "two legs to stand upon, and a mouth to speak its heart, and perhaps too a heart the which its mouth may speak and its legs may raise and move about the world", "a rather extensive downsizing", "a star, one affording a very high and wide view", "an ontology, to be co-produced with $mott and the fish", "one million dollars", "their hair prettily plaitted like nets, and their nails painted like salmon scales", "everything $mr $mott has ever cherished", "a different river", "an estuary and a network of rivers, healthy of ecosystem, raised in the place of those they destroyed", "an estuary and a network of rivers, healthy of ecosystem, raised in the place of the degraded", "an estuary and a network of rivers, healthy of ecosystem, which shall hover one hundred feet higher than the existing waterways, following their lines, and accessible via a system of ladders and waterfalls", "a visit from PwC, Deloitte and KPMG (sorry, E&Y)", "a salmon assigned as a permanent attache", "access to seven fairy sciences", "a battered old hard drive which, curiously, is filled with the science of 2070", "colourful smoke", "a swimmable mirror", "a fishing rod", "a man to teach to fish", "a bowl of river water in compensation", "a bridge between any two points of its choosing", "a vial containing seven drops, any one of which will restore an ecosystem to its former flourishing", "a dinosaur, to see what happens", "a dinosaur, to see what that will do", "its perspective on the overfishing of the Severn upheld", "ten days to lodge an appeal", "all the fish that $mott caught back", "the money it has paid $mott returned, though not by $mott, but by whomever it has since circulated to", "the compensation previously paid returned with interest", "the Throne of the Commonwealth Realms", "a fate they may invent themselves", "a brick", "a bone", "three wishes", "three wishes with two catches", "three wishes and three catches", "bigger problems, sadly", "speech and light", "a star", "the moon", "no memory of any of this", "the chance to awaken, ten years previously, and all this now a fading dream") + "; and the salmon shall have " + (either:"themselves", "peace", "prosperity", "voices", "sand eels and sprats", "shrimp and mayflies", "a cooler climate, at their own determination", "weeds and bubbles") + ", and " + (either: "krill and squid", "crayfish and caddisfly larvae", "magma and magnetism", "the magnetic field of the Earth", "crumbs of the fairy feast", "hats sewn for the shape of salmon skulls", "patronage", "many miles to swim", "hearts fitted to the contents of their hearts", "the occasional squid", "plankton and sprats", "sprats sprats sprats", "sprats to gorge to their hearts' content", "two new chambers to their two-chambered hearts", "arms and legs", "arms and legs, why not", "arms and legs, hear me out", "hundreds of little legs, like a millipede, and a steampunk breathing appartus for land raids", "calm", "pleasure", "paintbrushes and canvases, or the salmon equivalent", "courts of their own", "wings to fly where they will, lungs to suck what they will", "fur sprouting from the cracks in their scales, shells closing hard on their eggs, nipples and nuzzles", "a set of fish talking buttons, like those ones some dog owners have only for fish", "a river even I do not know about", "an inconceivable river", "their river in heaven, whose banks are your reward", "heavenly rivers", "celestial waterways", "pleas", "a river to Jupiter and back, and should they take a wrong turning, the spawning beds of Phobos and Deimos", "a suit and a briefcase and an oppointment", "currents and tides", "the equivalent of a translator, to equivalent-of-translate their equivalent-of-translateableness", "all the Babel fish they can stomach", "a Babel fish", "new forms too", "kindness and care", "care of the good kind, and of the bad", "glimpses of other judgments, which they may snap after like plankton and sprats", "slivers of other worlds", "many little bubbles, and in each bubble, a witch with an itch to scratch", "many little bubble-dwelling witches, to see they are not again forgotten", "a champion, that all may fear them", "a champion to whom even I must show a little respect", "$mr $mott to be their champion henceforth", "an Agency of their own", "ample opportunity to reformulate their opinions", "another human race to steward them", "human rights", "personhood", "not human rights, but salmon rights", "a lot of explaining to do", "a life inside life, like they are inside the river", "a long road", "outer space", "weird little hooves", "broth and bitumen", "heavenly rivers running rich with all that serves salmonkind", "heavenly rivers, foaming hidden in a celestial haze", "all that remains", "all that has not been explicitly mentioned elsewhere in this judgment") + ".")]}