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Judge rules climatologist can sue skeptics who compared him to Jerry Sandusky

Judge rules climatologist can sue skeptics who compared him to Jerry Sandusky

Greg Rico / Penn StateMichael Mann

In 2012, the National Review and the conservative think tank Competitive Enterprise Institute compared climate scientist Michael Mann to convicted child molester and football Jerry Sandusky (in addition to calling Mann a scientific fraud). The article managed to trivialize both pedophilia and the climate crisis on the slim grounds that both Mann and football coach Sandusky were products of a corrupt Penn State. 

Understandably, Mann (who helped coin the term “hockey stick” to describe the sudden rise of temperatures) did not appreciate the connection, and he sued for libel. He argues that doing so would help protect the environmental movement from similar such nonsense. And last week, a D.C. Superior Court judge ruled that the lawsuit can move forward, denying a motion to dismiss. Here’s Al Jazeera with the details:

Mann sued the parties for defamation in 2012, after CEI published, and the National Review republished, statements accusing Mann of academic fraud and comparing him to convicted child molester and former Penn State assistant football coach Jerry Sandusky except that “instead of molesting children, he has molested and tortured data in the service of politicized science that could have dire economic consequences for the nation and planet.”

Judge Frederick H. Weisberg found that while “opinions and rhetorical hyperbole” are protected speech under the First Amendment, statements that call into question a scientist’s work could be understood as factual assertions that go to the “heart of scientific integrity.”

“To state as a fact that a scientist dishonestly molests or tortures data to serve a political agenda would have a strong likelihood of damaging his reputation within his profession, which is the very essence of defamation,” he said.

And here is more from Mother Jones:

Weisberg’s order is just the latest in a string of setbacks that have left the climate change skeptics’ case in disarray. Earlier this month, Steptoe & Johnson, the law firm representing National Review and its writer, Mark Steyn, withdrew as Steyn’s counsel. According to two sources with inside knowledge, it also plans to drop National Review as a client.

The lawyers’ withdrawal came shortly after Steyn — a prominent conservative pundit who regularly fills in as host of Rush Limbaugh’s radio show — publicly attacked the former judge in the case, Natalia Combs Greene, accusing her of “stupidity” and “staggering” incompetence. Mann’s attorney, John B. Williams, suspects this is no coincidence. “Any lawyer would be taken aback if their client said such things about the judge,” he says. “That may well be why Steptoe withdrew.”

Defending scientific consensus in climate findings against baseless denier attacks devolved into a dirty game long ago. But skeptics could learn that trying to bruise the reputation of a climate scientist when you can’t upend his findings is a losing strategy.


Source
Climatologist suing for libel to protect ‘entire environmental movement’, Al Jazeera
A Win for the Climate Scientist Who Skeptics Compared to Jerry Sandusky, Mother Jones

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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Judge rules climatologist can sue skeptics who compared him to Jerry Sandusky

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How Tens of Thousands of Americans Got Cheated Out of Their Mineral Rights

Mother Jones

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What if a gas company wanted to set up a fracking rig on your property? What if you found out that you couldn’t say no? A new report from Reuters explains how tens of thousands of homeowners across America suddenly found themselves vulnerable to this nightmare scenario, as they discovered that their deeds cover their surface land but not the rights to the minerals beneath it. And as the American energy boom opens new land to extraction, homeowners from Florida to California to Washington to North Carolina have discovered that they unknowingly signed away the rights to what’s under their property. And they might not be able to do anything about it.

Mineral rights—the right to extract and profit from whatever is under the ground—are more and more commonly being separated from land deeds, and in many cases, sellers aren’t legally required to disclose that the estates have been split. After reviewing property records in 25 states, Reuters found that D.R. Horton, the biggest home-builder in the US, “has separated the mineral rights from tens of thousands of homes in states where shale plays are either well under way or possible, including North Carolina, Alabama, Mississippi, Virginia, New Mexico, Nevada, Arizona, Oklahoma, Utah, Idaho, Texas, Colorado, Washington, and California.” When the rights are split from the property deed, homeowners not only have no say, they also don’t see royalties from the drilling, which paid out more than $20 billion nationally in 2012.

The impacts can go way beyond potentially having a well pad show up on your doorstep. According to Reuters:

Loss of mineral rights isn’t the only hit homeowners take. Property-tax assessments don’t take into account severed mineral rights. And “lenders may not be willing to extend mortgage loans on property that is subject to intensive gas extraction activities,” according to a report last year by the North Carolina Department of Justice.

Wells Fargo, the nation’s largest home lender, sometimes denies mortgages to homes encumbered by gas leases. And for the past year, Sovereign Bank has been including clauses in mortgages allowing it to declare borrowers in default if any part of the subsurface property has been “leased, assigned or otherwise transferred for use to extract minerals, oil or gas,” according to a copy of the bank’s mortgage addendum. If mineral rights are severed, “we would not move forward with financing a property,” said a bank spokeswoman.

Insurance policies usually exclude damage from “industrial operations,” and some companies are denying coverage altogether for homes where the mineral rights have been severed. Title insurance companies have been exempting anything to do with mineral rights from their policies, too.

Landowners have pushed back with mixed results. The D.R. Horton returned mineral rights to a group of 700 angry homeowners in North Carolina after an inquiry by the state Department of Justice. But some individuals haven’t been so lucky. Earlier this year, Martin Whiteman of West Virginia lost an appeal for an injunction and damages after Chesapeake Appalachia—a subsidiary of Chesapeake Energy—used ten acres of his 101 acre sheep farm to set up three wells and a series of disposal pits that rendered the land practically unusable. As the practice expands and more people discover that a few lines of legalese have radically changed the deal they thought they were getting, it’s possible states will clarify how developers have to disclose this practice. Until then, it’s buyer beware.

The whole piece is worth a read. You can find it here.

View the original here – 

How Tens of Thousands of Americans Got Cheated Out of Their Mineral Rights

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Fear of iPhone Finger Severing Frenzy Proves Groundless

Mother Jones

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Good news for iPhone 5S customers! The fingerprint reader will only work with actual live fingers, so you don’t need to worry about some James Bond supervillain wannabe cutting off your finger in order to get access to the iPhone he’s stolen from you.

Actually, it’s even better than that, since a thief would have no idea which finger you normally use and would therefore have to chop off both your hands to really be sure he had the right fingerprint. But you don’t have to worry about that either. Your digits are safe.

(Assuming that iPhone thieves all read Mashable, that is.)

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Fear of iPhone Finger Severing Frenzy Proves Groundless

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16 Surprising Uses for Pencils & Erasers

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16 Surprising Uses for Pencils & Erasers

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“You’re a Sacrifice”: An Open Letter to Edward Snowden

Mother Jones

This story first appeared on the TomDispatch website.

Dear Edward Snowden,

Billions of us, from prime ministers to hackers, are watching a live espionage movie in which you are the protagonist and perhaps the sacrifice. Your way forward is clear to no one, least of all, I’m sure, you.

I fear for you; I think of you with a heavy heart. I imagine hiding you like Anne Frank. I imagine Hollywood movie magic in which a young lookalike would swap places with you and let you flee to safety—if there is any safety in this world of extreme rendition and extrajudicial execution by the government that you and I were born under and that you, until recently, served. I fear you may pay, if not with your death, with your life—with a life that can have no conventional outcome anytime soon, if ever. “Truth is coming, and it cannot be stopped,” you told us, and they are trying to stop you instead.

I am moved by your choice of our future over yours, the world over yourself. You know what few do nowadays: that the self is not the same as self-interest. You are someone who is smart enough, idealistic enough, bold enough to know that living with yourself in a system of utter corruption would destroy that self as an ideal, as something worth being. Doing what you’ve done, on the other hand, would give you a self you could live with, even if it gave you nowhere to live or no life. Which is to say, you have become a hero.

Pity the country that requires a hero, Bertolt Brecht once remarked, but pity the heroes too. They are the other homeless, the people who don’t fit in. They are the ones who see the hardest work and do it, and pay the price we charge those who do what we can’t or won’t. If the old stories were about heroes who saved us from others, modern heroes—Nelson Mandela, Cesar Chavez, Rachel Carson, Ella Baker, Martin Luther King, Aung San Suu Kyi—endeavored to save us from ourselves, from our own governments and systems of power.

The rest of us so often sacrifice that self and those ideals to fit in, to be part of a cannibal system, a system that eats souls and defiles truths and serves only power. Or we negotiate quietly to maintain an uneasy distance from it and then go about our own business. Though in my world quite a few of us strike our small blows against empire, you, young man, you were situated where you could run a dagger through the dragon’s eye, and that dragon is writhing in agony now; in that agony it has lost its magic: an arrangement whereby it remains invisible while making the rest of us ever more naked to its glaring eye.

Private Eyes and Public Rights
Privacy is a kind of power as well as a right, one that public librarians fought to protect against the Bush administration and the PATRIOT Act and that online companies violate in every way that’s profitable and expedient. Our lack of privacy, their monstrous privacy—even their invasion of our privacy must, by law, remain classified—is what you made visible. The agony of a monster with nowhere to stand—you are accused of spying on the spies, of invading the privacy of their invasion of privacy—is a truly curious thing. And it is changing the world. Europe and South America are in an uproar, and attempts to contain you and your damage are putting out fire with gasoline.

You yourself said it so well on July 12th:

“A little over one month ago, I had family, a home in paradise, and I lived in great comfort. I also had the capability without any warrant to search for, seize, and read your communications. Anyone’s communications at any time. That is the power to change people’s fates. It is also a serious violation of the law. The 4th and 5th Amendments to the Constitution of my country, Article 12 of the Universal Declaration of Human Rights, and numerous statutes and treaties forbid such systems of massive, pervasive surveillance. While the US Constitution marks these programs as illegal, my government argues that secret court rulings, which the world is not permitted to see, somehow legitimize an illegal affair. These rulings simply corrupt the most basic notion of justice—that it must be seen to be done.”

They say you, like Bradley Manning, gave secrets to their enemies. It’s clear who those enemies are: you, me, us. It was clear on September 12, 2001, that the Bush administration feared the American people more than al-Qaeda. Not much has changed on that front since, and this almost infinitely broad information harvest criminalizes all of us. This metadata—the patterns and connections of communications rather than their content—is particularly useful, as my friend Chris Carlsson pointed out, at mapping the clusters of communications behind popular movements, uprisings, political organizing: in other words, those moments when civil society rises to shape history, to make a better future in the open world of the streets and squares.

The goal of gathering all this metadata, Chris speculates, “is to be able to identify where the ‘hubs’ are, who the people are who sit at key points in networks, helping pass news and messages along, but especially, who the people are who spread ideas and information from one network of people to the next, who help connect small networks into larger ones, and thus facilitate the unpredictable and rapid spread of dissent when it appears.”

Metadata can map the circulatory system of civil society, toward what ends you can certainly imagine. When governments fear their people you can be sure they are not serving their people. This has always been the minefield of patriotism: loyalty to our government often means hostility to our country and vice-versa. Edward Snowden, loyalist to country, you have made this clear as day.

Those who demonize you show, as David Bromwich pointed out in a fine essay in the London Review of Books, their submission to the power you exposed. Who stood where, he writes,

“was an infallible marker of the anti-authoritarian instinct against the authoritarian. What was distressing and impossible to predict was the evidence of the way the last few years have worn deep channels of authoritarian acceptance in the mind of the liberal establishment. Every public figure who is psychologically identified with the ways of power in America has condemned Snowden as a traitor, or deplored his actions as merely those of a criminal, someone about whom the judgment ‘he must be prosecuted’ obviates any further judgment and any need for thought.”

You said, “I know the media likes to personalize political debates, and I know the government will demonize me.” Who you are is fascinating, but what you’ve exposed is what matters. It is upending the world. It is damaging Washington’s relations with many Latin American and some European countries, with Russia and China as well as with its own people—those, at least, who bother to read or listen to the news and care about what they find there. “Edward Snowden Single-Handedly Forces Tech Companies To Come Forward With Government Data Request Stats,” said a headline in Forbes. Your act is rearranging our world. How much no one yet knows.

What You Love
What’s striking about your words on video, Edward Snowden, the ones I hear as your young, pale, thoughtful face speaks with clarity and incisiveness in response to Glenn Greenwald’s questions, is that you’re not talking much about what you hate, though it’s clear that you hate the secret network you were part of. You hate it because it poisons what you love. You told us, “I understand that I will be made to suffer for my actions… but I will be satisfied if the federation of secret law, unequal pardon, and irresistible executive powers that rule the world that I love are revealed even for an instant.” You love our world, our country—not its government, clearly, but its old ideals and living idealists, its possibilities, its dreamers, and its dreams (not the stale, stuffed American dream of individual affluence, but the other dreams of a better world for all of us, a world of principle).

You told us where we now live and that you refuse to live there anymore:

“I don’t want to live in a world where everything that I say, everything I do, everyone I talk to, every expression of creativity or love or friendship is recorded. And that’s not something I’m willing to support, it’s not something I’m willing to build, and it’s not something I’m willing to live under. America is a fundamentally good country. We have good people with good values who want to do the right thing. But the structures of power that exist are working to their own ends to extend their capability at the expense of the freedom of all publics.”

Which is to say you acted from love, from all the things the new surveillance state imperils: privacy, democracy, accountability, decency, honor. The rest of us, what would we do for love?

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“You’re a Sacrifice”: An Open Letter to Edward Snowden

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House Committee Conducts Lovefest With NSA Chief

Mother Jones

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The House Intelligence Committee held a hearing today about the NSA’s covert surveillance programs, and to demonstrate just how tough-minded they planned to be, here’s what they called it:

How Disclosed N.S.A. Programs Protect Americans, and Why Disclosure Aids Our Adversaries

Fair and balanced! NSA’s director testified that domestic surveillance had helped prevent over 50 “potential terrorist events”:

In addition, the deputy director of the Federal Bureau of Investigation, Sean Joyce, listed two newly disclosed cases that have now been declassified in an effort to respond to the leaking of classified information about surveillance by Edward J. Snowden, a former N.S.A. contractor.

Mr. Joyce described a plot to blow up the New York Stock Exchange by a Kansas City man, whom the agency was able to identify because he was in contact with “an extremist” in Yemen who was under surveillance. Mr. Joyce also talked about a San Diego man who planned to send financial support to a terrorist group in Somalia, and who was identified because the N.S.A. flagged his phone number as suspicious through its database of all domestic phone call logs, which was brought to light by Mr. Snowden’s disclosures.

The Kansas City man is Khalid Ouazzani, who, as part of a plea bargain in 2010, admitted that he sent money to Al Qaeda. He was never charged with planning any attacks inside the United States, and the NYSE bombing was described as “nascent plotting,” so it’s hard to know just how serious this was. Still, at least Ouazzani actually did something. The San Diego man merely planned to send money.

So far, the government’s examples of terrorist plots prevented by the NSA’s surveillance programs have been pretty thin. Aside from these two, they’ve also taken credit for stopping David Headley and Najibullah Zazi. But Headley scouted locations for the 2008 Mumbai bombing, which was successful. So no points there, though NSA might have prevented Headley from doing further damage. As for Zazi, he was indeed planning suicide bombings on the New York subway, but it’s unclear just how instrumental NSA surveillance really was in catching him.

None of this is to say that NSA’s claims are false or that their surveillance programs are ineffective. But most of their claims are unverified, and the few they’ve made public appear to have been exaggerated. So take this all with a grain of salt.

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House Committee Conducts Lovefest With NSA Chief

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The End Comes for a Troubled California Nuclear Plant

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Index Astartes: Codex Astartes – Games Workshop

The Codex Astartes details the doctrine of the Space Marine Chapters, compiled and written by the Primarch of the Ultramarines, Roboute Guilliman. While not every Chapter follows the Codex completely, it lays the foundation for their organisation and tactics. About this series: The Adeptus Astartes are genetically engineered warriors, created by the Emperor […]

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Iyanden – A Codex: Eldar Supplement – Games Workshop

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Inside of a Dog – Alexandra Horowitz

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How to Raise the Perfect Dog – Cesar Millan & Melissa Jo Peltier

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The End Comes for a Troubled California Nuclear Plant

Posted in alternative energy, Citadel, eco-friendly, FF, G & F, GE, Monterey, ONA, solar, solar power, Uncategorized | Tagged , , , , , , , , | Comments Off on The End Comes for a Troubled California Nuclear Plant