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California’s big climate bills are a win for environmental justice

where there’s a bill, there’s a way

California’s big climate bills are a win for environmental justice

By on Aug 25, 2016Share

California Gov. Jerry Brown is expected to sign a pair of climate bills approved by state lawmakers this week. Together, SB32 and AB197 will not only tackle the state’s greenhouse emissions but also assure greater accountability for working class communities of color that too often carry the burden of local polluting industries.

SB32 creates a new target to reduce greenhouse gas emissions 40 percent by 2030 (over below 1990 levels). But aggressive climate action doesn’t necessarily benefit all communities equally.

Take Coachella, California. Aside from its famously annoying music festival, Coachella, as part of Riverside County, is best known for having some of the worst air quality in the nation.

Coachella — a working class Latino community where one in three residents survives below the poverty line — is stuck with a disproportionate pollution burden, even while California gets all the credit for cutting overall greenhouse gasses.

Eduardo Garcia, an assembly member from Coachella, authored AB197. The bill assures permanent legislative oversight of the Air Resources Board, an agency that environmental justice activists say doesn’t focus enough on reducing the harmful effect of local polluting refineries and factories. Together, the two bills finally begin to bridge the gap between big climate solutions and local air problems, helping underserved communities breathe a little easier.

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California’s big climate bills are a win for environmental justice

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Cool off with your very own portable A/C unit, you jerk

Rude

Cool off with your very own portable A/C unit, you jerk

By on Aug 25, 2016Share

There’s a new product coming out that promises to make summers cooler for the user — and warmer for everyone else. Meet the Zero Breeze, “the World’s First Portable, Smart, Multifunctional Air Conditioner,” according to its makers.

The Zero Breeze is a battery-powered A/C unit about the size of a boombox, as Gizmodo reports, which makes it perfect to take on the go. Park too hot? Subway make you sweat? Whip out the Zero Breeze and turn any space into your personal meat locker. “Never before have you been able to take an air conditioner wherever you go,” says the aspirational Kickstarter video.

The Kickstarter fails to mention, however, that air conditioning devices — even small, battery-powered units — increase greenhouse gas emissions and accelerate climate change. Already, air conditioners across the country release 100 million tons of carbon dioxide into the atmosphere each year, including both the emissions of the units’ coolants and their power sources. While Zero Breeze uses a more efficient coolant than traditional A/C, it’s still far more emissions-intensive than, say, a fan.

As Stan Cox, author of Losing Our Cool — a comprehensive history of air conditioning — told us: “This is another example of how we are much better at devising technologies to consume energy than we are at coming up with technologies to conserve energy.” Plus, he asks, why bother going outdoors if you’re just going to bring the indoors with you?

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Cool off with your very own portable A/C unit, you jerk

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Lesbian farmers are taking over the country, if you believe Rush Limbaugh

Queer Eye For The Farm Guy

Lesbian farmers are taking over the country, if you believe Rush Limbaugh

By on Aug 24, 2016Share

Fast-forward with me to the year 2024. Food is plentiful and no one goes hungry — but our society has gone horribly, terribly wrong.

After eight years under Obama and eight more under Clinton, there are hardly any straight white male farmers left. They’ve all moved on to other professions — Birkenstock cobbling, softball coaching, drilling those dimples in golf balls. These are the industries pre-ordained by our lesbian agricultural overlords.

First, they came for farming. Fishing? The lesbians took that, too. Men got to keep hunting, but they’re forced to plant a row of organic kale every time they kill an animal.

Welcome to Rush Limbaugh’s lesbian farmer fever dream.

The frothy-mouthed radio personality painted a similarly dystopian picture on his show last week. Limbaugh’s theory that the Obama administration is giving money to lesbians to become farmers and take over rural America is just the deranged result of his brain processing last week’s Iowa LGBT Rural Summit. In his own words:

So here comes the Obama Regime with a bunch of federal money and they’re waving it around, and all you gotta do to get it is be a lesbian and want to be a farmer and they’ll set you up. I’m like you; I never before in my life knew that lesbians wanted to be farmers.

Of course, this is ridiculous. Plenty of LGBTQ people already live and work in rural America — almost 10 percent of all same-sex couples in the country, according to the Williams Institute.

But since rural America is not known for having the clearest idea of queer lifestyles — as demonstrated by Limbaugh’s ramblings — a reasonable person would conclude that the purpose of the conference is simply for LGBTQ farmers to have a forum in which to offer support for each other.

Reason? Not a strong suit for Limbaugh.

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There’s a new mega-pipeline in town. Here’s why it has so many protesters in the trenches.

Dakota Access

There’s a new mega-pipeline in town. Here’s why it has so many protesters in the trenches.

By on Aug 24, 2016Share

Update: Judge James E. Boasberg of the United States District Court for the District of Columbia announced on Wednesday afternoon that he would postpone his decision on the Dakota Access Pipeline until September 9, to allow time for further consideration. 

By the end of the year, there will be a new 1,172-mile oil pipeline snaking its way across the Midwest. That is, unless a Native American tribe wins its case that the Army Corps of Engineers failed its due diligence to consider violations to laws like the Clean Water Act and the National Historic Preservation Act.

On Wednesday, August 24, it will be up to a federal court in Washington, D.C. to effectively determine the pipeline’s fate.

Whether you’ve been following closely or this is your first time hearing about one of the biggest battles since Keystone XL, here’s what you need to know:

What is the fuss in court over?

The Dakota Access pipeline (DAPL) would carry 570,000 barrels of oil per day from the Bakken region of northwest North Dakota to a refinery in Illinois. There, the oil would be refined and sent to markets along the East Coast and down to the Gulf of Mexico.

The Army Corps of Engineers gave DAPL permission to build in late July, despite pending lawsuits and active local resistance. One of those lawsuits, filed in federal court by the Standing Rock Sioux tribes against the Army Corps of Engineers, is the one being heard in federal court in Washington, D.C. on Wednesday.

The suit claims the pipeline will cause “irreparable” damage to sacred lands at the confluence of the Cannonball and Missouri Rivers. “Industrial development of that site for the crude oil pipeline has a high potential to destroy sites eligible for listing in the National Register,” according to the lawsuit. It further alleges that Dakota Access LLC failed its responsibility to adequately consult with tribes before construction, in violation of the National Historic Preservation Act. The Missouri River (Standing Rock’s only water source) and “water” itself is of vital cultural importance, the suit adds.

If the court rules in the tribe’s favor, stop-work orders will be issued on construction all along the route.

Who is unhappy?

DAPL’s route crosses agricultural land, protected wildlife habitats, and three major rivers: the Missouri, the Mississippi, and the Big Sioux.

This has a lot of different interests on edge and in the trenches.

Faced with eminent domain, property owners in Iowa are fighting their own legal battle. Nine landowners requested an emergency stop to pipeline construction on the grounds that the Iowa Utilities Board, which granted Dakota Access its construction permits, had done so outside of its jurisdiction. (The board’s application of eminent domain, they argued, would only be legal if Dakota Access were a public utility.)

That legal battle isn’t going so well: On Monday, a district court denied the emergency stop, reports the Des Moines Register.

The pipeline is also bad news for the Standing Rock Lakota, Dakota, and Nakota Nations, for whom Missouri River is a sole source of water on the prairie and who worry that construction will disrupt certain historical sites.

What are the stakes for the environment?

Pipelines, as we know, spill. One of DAPL’s stakeholders, Enbridge Energy, was responsible for one of the worst, preventable oil spills on land in recent memory: more than 1 million gallons in the Kalamazoo River in Michigan.

For climate change activists like Bill McKibben, stopping DAPL construction is another major battle in their campaign to keep fossil fuels in the ground. DAPL, as Mother Jones notes, is just seven miles shorter than the defeated Keystone XL pipeline.

What are protesters doing about it?

An hour south of Bismarck, protesters have gathered since April near Cannon Ball, N.D., where Dakota Access plans to lay pipe under the Missouri River. In recent weeks, the ranks of protests swelled from several dozen to more than 800.

The heavily-policed scene has not been without incident. More than 20 people have been arrested in the last few weeks, and a roadblock guarded by state police established on Highway 1806, which leads to the protest site and the Standing Rock reservation.

Officials pulled state emergency resources like water and trailers from the protest camp on Monday, after the Morton County Sheriff’s Department claimed officers had been threatened with physical violence and pipe bombs (an allegation that protest organizers adamantly denied to Grist and other outlets).

What’s next?

At the protest site, hundreds of protesters plan to continue to occupy the area near Dakota Access’s entry point into the Missouri. Regardless of the outcome of Wednesday’s court date, activists have no plans to back down, organizer Tara Houska told Grist in a phone call last Friday.

“I think it goes without saying that the camp is committed to not have the pipeline put under the river,” she said.

If Standing Rock prevails in D.C. court on Wednesday, construction will halt across the pipeline’s multi-state path, pending more rigorous tribal consultations. The Army Corps of Engineers may also be required to conduct an environmental impact assessment for the pipeline as a whole.

This court battle is one of protesters’ last, best hopes for halting DAPL’s start date. They plan on making a whole lot of noise on Wednesday, and in coming weeks, to make sure they’re heard.

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There’s a new mega-pipeline in town. Here’s why it has so many protesters in the trenches.

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Louisiana’s flood couldn’t have been stopped, but it didn’t have to be so devastating

Louisiana’s flood couldn’t have been stopped, but it didn’t have to be so devastating

By on Aug 22, 2016Share

Louisiana’s Amite river basin, which flooded and destroyed 60,000 homes earlier this month, is surrounded by deserted flood control projects that were begun after a massive flood in 1983. All that proposed infrastructure could have saved thousands of homes — but the Amite River Basin Commission left them either half-baked, or never started them in the first place.

As The Advocate reports, a proposed Comite River Diversion Canal may have saved “up to a quarter of homes damaged in the basin,” according to a government official. That’s just one of several pieces of infrastructure — including a reservoir and additional levees — that had been deemed unfeasible or simply “impractical.”

Worse, nothing was done to stop new housing from being built in the path of the old flood. Between 1980 and 2015, the number of people living in Livingston and Ascension, two parishes on the floodplain, went from 109,000 in 1980 to more than a quarter-million in 2015.

Climate change made this flood much worse than it would have been, but poor infrastructure and city planning are as much to blame for the devastation it caused.

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Louisiana’s flood couldn’t have been stopped, but it didn’t have to be so devastating

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This California couple uses more water than all of the homes in Los Angeles

it’s a wonderful world

This California couple uses more water than all of the homes in Los Angeles

By on Aug 20, 2016 5:05 amShare

This story was originally published by Mother Jones and is reproduced here as part of the Climate Desk collaboration.

Rafaela Tijerina first met la señora at a school in the town of Lost Hills, deep in the farm country of California’s Central Valley. They were both there for a school board meeting, and the superintendent had failed to show up. Tijerina, a 74-year-old former cotton picker and veteran school board member, apologized for the superintendent — he must have had another important meeting — and for the fact that her own voice was faint; she had cancer. “Oh no, you talk great,” the woman replied with a warm smile, before she began handing out copies of her book, Rubies in the Orchard: How to Uncover the Hidden Gems in Your Business. “To my friend with the sweet voice,” she wrote inside Tijerina’s copy.

It was only later that Tijerina realized the woman owned the almond groves where Tijerina’s husband worked as a pruner. Lynda Resnick and her husband, Stewart, also own a few other things: Teleflora, the nation’s largest flower delivery service; Fiji Water, the best-selling brand of premium bottled water; Pom Wonderful, the iconic pomegranate juice brand; Halos, the insanely popular brand of mandarin oranges formerly known as Cuties; and Wonderful Pistachios, with its “Get Crackin’” ad campaign. The Resnicks are the world’s biggest producers of pistachios and almonds, and they also hold vast groves of lemons, grapefruit, and navel oranges. All told, they claim to own America’s second-largest produce company, worth an estimated $4.2 billion.

The Resnicks have amassed this empire by following a simple agricultural precept: Crops need water. Having shrewdly maneuvered the backroom politics of California’s byzantine water rules, they are now thought to consume more of the state’s water than any other family, farm, or company. They control more of it in some years than what’s used by the residents of Los Angeles and the entire San Francisco Bay Area combined.

Such an incredible stockpiling of the state’s most precious natural resource might have attracted more criticism were it not for the Resnicks’ progressive bona fides. Last year, the couple’s political and charitable donations topped $48 million. They’ve spent $15 million on the 2,500 residents of Lost Hills — roughly 600 of whom work for the couple — funding everything from sidewalks, parks, and playing fields to affordable housing, a preschool, and a health clinic.

Last year, the Resnicks rebranded all their holdings as the Wonderful Company to highlight their focus on healthy products and philanthropy. “Our company has always believed that success means doing well by doing good,” Stewart Resnick said in a press release announcing the name change. “That is why we place such importance on our extensive community outreach programs, education and health initiatives and sustainability efforts. We are deeply committed to doing our part to build a better world and inspiring others to do the same.”

But skeptics note that the Resnicks’ donations to Lost Hills began a few months after Earth Island Journal documented the yawning wealth gap between the couple and their company town, a dusty assemblage of trailer homes, dirt roads, and crumbling infrastructure. They claim the Resnicks’ influence among politicians and liberal celebrities is quietly warping California’s water policies away from the interests of the state’s residents, wildlife, and even most farmers. “I think the Wonderful Company and the Resnicks are truly the top 1 percent wrapped in a green veneer, in a veneer of social justice,” says Barbara Barrigan-Parrilla of Restore the Delta, an advocacy group that represents farmers, fishermen, and environmentalists in the Sacramento-San Joaquin River Delta, east of San Francisco. “If they truly cared about a sustainable California and farmworkers within their own community, then how things are structured and how they are done by the Wonderful Company would be much different.”

Lynda Resnick’s friends, on the other hand, say she has found her calling. “The work is extraordinary, and rooted in a genuine desire to make a difference in people’s lives,” says media mogul Arianna Huffington. She brushes off any notion that Resnick is in the business of charity for the sake of publicity. “She even turned me down when I asked her to write about it for HuffPost!” she told me. “She does this work because at this point in her life, it’s what she wants to do more than anything.”

In a state of land grabs and Hollywood mythmaking, the Resnicks are well cast as the perfect protagonists. But is their philanthropy just a marketing ploy, or a sincere effort to reform California’s lowest-wage industry? “If you call yourself the Wonderful Company,” Lynda Resnick told me, “you’d better damn well be wonderful, right?”


Sunset House, the Resnicks’ 25,000-square-foot Beaux Arts mansion, is imposing even by Beverly Hills standards. Its cavernous reception hall is bedecked with blown-glass chandeliers, its windows draped with Fortuny curtains, and its drawing room adorned with a life-size statue of Napoleon so heavy that the basement ceiling had to be reinforced to bear its weight. The Resnicks purchased and tore down three adjacent houses to make room for a 22-space parking lot and half an acre of lawn. The estate employs at least seven full-time attendants. “Being invited to a dinner party by Lynda Resnick is like being nominated for an Oscar, only more impressive,” local publicist Michael Levine told the Los Angeles Business Journal. Visitors have included Hollywood A-listers like David Geffen, Steve Martin, and Warren Beatty — or writers like Thomas Friedman, Jared Diamond, and Joan Didion. “I am an intellectual groupie,” Lynda told me. “They are my rock stars.”

A petite 72-year-old, Lynda has a coiffure of upswept ringlets and a coy smile. In conversation, she reminded me of my own charming and crafty Jewish grandmother, a woman adept at calling bluffs at the poker table while bluffing you back. Growing up in Philadelphia in the 1940s, Lynda performed on a TV variety show sponsored by an automat. Her father, Jack Harris, produced the cult hit The Blob and later moved the family to California. Though wealthy enough to afford two Rolls-Royces and a 90210 zip code, he refused to pay for Lynda to attend art school, so she found work in a dress shop, where she tried her hand at creating ads for the store. By the time she was 24, she’d launched her own advertising agency, Lynda Limited, given birth to three children, and gotten divorced. She was struggling to keep things afloat.

Around that time, Lynda started dating Anthony Russo, who worked at a think tank with military analyst Daniel Ellsberg. The Edward Snowden of his day, Ellsberg was later prosecuted for leaking Pentagon documents about the Vietnam War to the press. The trial revealed that he and Russo had spent two weeks in all-night sessions photocopying the Pentagon Papers in Lynda’s office on Melrose Avenue in Los Angeles. She even helped, scissoring the “Top Secret” stamps off documents to “declassify” them. “I did one naughty thing,” she told me. “But if I had to do it again, I would.”

A few years later, Lynda met Stewart Resnick. Born in Highland Park, New Jersey, the son of a Yiddish-speaking Ukrainian bartender, Stewart paid his way through UCLA by working as a janitor and went on to found White Glove Building Maintenance, which quickly grew to 1,000 employees and made him his first million before he graduated from law school in 1962. When he needed some advertising work, a friend recommended Lynda’s agency. “I never got the account,” she writes in her memoir, “but I sure got the business.” They were married in 1973.

Stewart capitalized on his wife’s marketing prowess. Their first big purchase as a couple, in 1979, was Teleflora, a flower delivery company that Lynda revitalized by pioneering the “flowers in a gift” concept — blooms wilt, but the cut-glass vase and teddy bear live on. In 1985, they acquired the Franklin Mint, which at the time mainly sold commemorative coins and medallions. Lynda expanded into jewelry, dolls, and precision model cars. She was ridiculed for spending $211,000 to buy Jacqueline Kennedy’s fake pearl necklace at auction, but she then sold more than 130,000 replicas for a gross of $26 million.

The Resnicks expanded into agriculture in 1978, mostly as a hedge against inflation. They purchased 2,500 acres of orange trees in California’s Kern County citrus belt. Ten years later, during the state’s last great drought, they snatched up tens of thousands of acres of almond, pistachio, and citrus groves for bargain prices. By 1996, their agricultural company, Paramount Farms, had become the world’s largest producer and packager of pistachios and almonds, with sales of about $1.5 billion; it now owns 130,000 acres of farmland and grosses $4.8 billion.

Along the way, Paramount acquired 100 acres of pomegranate orchards. After the Resnicks’ family physician mentioned the fruit’s key role in Mediterranean folk medicine, Lynda commissioned scientific studies and found that pomegranate juice had more antioxidant properties than red wine. By 2001 she had created Pom and soon was selling juice in little hourglass bottles under the label P♥M, a hint at its supposed cardiac benefits. Less subtle was the national marketing campaign, which showed a Pom bottle with a broken noose around its neck, under the slogan “Cheat death.”

Pom was an overnight sensation, doing millions of dollars in sales by the end of the following year — and cementing Resnick’s status as a marketing genius. “Lynda Resnick is to branding what Warren Buffett is to investing,” Gloria Steinem wrote in 2009, in one of dozens of celebrity blurbs for Rubies in the Orchard.

Sometimes, though, Resnick’s Pom claims went too far. Last year, an appeals judge sided with a Federal Trade Commission ruling saying the company’s ads had overhyped Pom’s ability to prevent heart disease, prostate cancer, and erectile dysfunction. “I think it was unfair,” Resnick told me. “And I think it’s a tragedy if the fresh fruits and vegetables that are really the medicine chest of the 21st century have to adhere to the same rules as a drug that could possibly harm you.”

It wasn’t the first time Resnick had pitched her products as health panaceas. As previously reported in Mother Jones, she marketed Fiji’s “living water” as a healthier alternative to tap water, which the company claimed could contain “4,000 contaminants.” She has pushed the cardiovascular benefits of almonds, touted mandarin oranges as a healthy snack option for kids, and called nutrient-dense pistachios “the skinny nut.” Her $15 million “Get Crackin’” campaign, the largest media buy in the history of snack nuts, included a Super Bowl ad starring Stephen Colbert. Pistachio sales more than doubled in just three months and steadily increased over the following year to reach $114 million — proving that, sometimes, money really does grow on trees.

With all this newfound wealth, the Resnicks have ratcheted up their philanthropic profile. At first, it was classic civic gifts: $15 million to found UCLA’s Stewart and Lynda Resnick Neuropsychiatric Hospital; $35 million to the Los Angeles County Museum of Art for an exhibition space designed by Renzo Piano and dubbed the Resnick Pavilion; $20 million for the Resnick Sustainability Institute at Caltech, which focuses on making “the breakthroughs that will change the balance of the world’s sustainability.” (Wonderful claims to have developed an almond tree that has 30 percent higher yields than a conventional tree, using the same amount of water.)

But in 2010 the Resnicks had an encounter at a dinner party that Lynda says fundamentally changed her approach to philanthropy. Harvard professor Michael Sandel, the ethicist known for his provocative questions, asked the assembled guests if they would be happy living in a town that was perfect in every possible way except for one terrible secret: “Everyone in the town knew that somewhere in that village, in a dank basement, there was a small 6-year-old child who was being tortured,” he said, as Resnick later recalled. “And you couldn’t say anything about the torture because if you did you had to leave the town.”

When dinner was over and they got back in the car, Lynda said, “Well, I could never allow even one child to be tortured.” Stewart turned to her and said, “But the child is being tortured, Lynda. What are you doing about it?”

“And it changed my life that very day,” she said.

When she retold the story onstage at the 2013 Aspen Ideas Festival, Resnick stopped short of spelling out exactly what she thought her husband was alluding to. Her interviewer, former CNN chair and author Walter Isaacson, didn’t press her on the matter. Nor would she elaborate when I asked her about it. By then she had certainly seen the negative stories, such as the one in the Los Angeles Times that described Lost Hills’ jarring “Third World conditions.”

Isaacson gently picked up his questioning where Resnick had left off: “And that got you involved in the Central Valley of California,” he said. “Why did you choose that?”

“Look, there’s poverty and sadness all over the planet,” Resnick replied, “but I felt that if I was really going to do work, I should start to do work in the place where our employees worked and live. That would be the most meaningful.”


“I think they ought to start looking at the farmers,” a woman in yoga pants snapped. She had just been confronted while watering her lawn in Santa Monica by one of the amateur videographers behind last summer’s hottest new California film genre: the drought-­shaming video. The YouTube clip shows her being taunted repeatedly before turning to douse the camera-wielding scold with her hose.

The woman’s anger at being called out and her eagerness to redirect blame reflect common sentiments in an increasingly dry state. The Resnicks, who’ve been anticipating the drought for decades, seem shocked that it has taken everyone else so long to wake up.

“Nobody cared. No one cared about water,” Lynda Resnick told me. “These last four years with this drought, nobody was looking until it affected them. And now that people have to cut back on their water, all of a sudden it has become important.”

It’s true that the Golden State’s vast network of dams, reservoirs, and canals has served the state so well over the past 80 years that Californians have come to take it for granted. Assumed or forgotten is that some 8.7 trillion gallons of water will flow each day into the massive Sacramento-­San Joaquin River Delta, and that 20 percent of it will get sucked by huge pumps into two giant, concrete-lined canal systems and sent hundreds of miles to Southern California’s cities and farms. Delta water has transformed the arid Southland into the state’s population center and the nation’s produce aisle. But it has done so at the cost of pushing the West Coast’s largest estuary to the brink of collapse; last year the drought finally prompted regulators to eliminate most Central Valley water deliveries.

Something would have to change, and fast. The Central Valley is in some respects the ideal place to grow fruit and nut trees, with its Mediterranean combination of cool winters and hot summers perfectly promoting flowering, fruit setting, and ripening. But there’s a reason why few trees of any sort grow naturally in the Valley: It averages only 5 to 16 inches of annual rainfall, or what farmers call “God water” — just 20 percent of what’s required for a productive almond or pistachio harvest. One season without water piped in from the Delta can kill an orchard that took five years to mature. Few farmers are more at risk from the cutbacks than the Resnicks, whose 140 square miles of orchards use about 117 billion gallons of water a year, despite employing cutting-edge conservation technologies.

So like other farmers, the Resnicks have turned to the state’s dwindling reserve of groundwater, sinking wells hundreds of feet deep on their land. Farmers are the main reason that California now pumps nearly seven cubic kilometers of groundwater a year, or about as much total water as what’s used by all the homes in Texas. Sucking water from deep underground has caused the surrounding land to settle as the pockets of air between layers of soil collapse, wreaking havoc with bridges and even gravity-fed canals. Though California passed its first-ever groundwater regulations in 2014, water districts won’t be required to limit pumping for at least another four years.

Historically, farmers pumped just enough groundwater to survive, but in the middle of California’s now five-year drought, nut growers have also used it to expand. Over the last decade, California’s almond acreage has increased by 47 percent and its pistachio acreage has doubled, fueled in the latter case by the Resnicks’ advertising genius. Pistachios are now among the top 10 best-selling salty snack items in the United States, and the Resnicks’ Lost Hills pistachio factory is the world’s largest. To meet robust demand from Europe and Asia, Stewart Resnick last year announced that he wanted to expand nut acreage another 40 percent by 2020. With pistachios netting an astounding $3,519 per acre — 4 times more than tomatoes and 18 times more than cotton — he seemed confident the water would flow uphill to the money.

If you’ve watched Chinatown or read Cadillac Desert, you know something about California’s complicated and often corrupt 100-year-old fight over water rights. The state’s laws were designed to settle the frontier, and under the “first in time, first in right” rule, the most “senior” water claims are the last to be restricted in times of drought. This means some farmers are still able to flood their fields to grow cattle feed, even as residents of towns such as Okieville and East Porterville have to truck in water and shower using buckets.

But the Resnicks’ water rights, by and large, are not senior. To expand their agricultural empire, they had to find another way to tap into the flow from north to south. And to understand how they were able to do that, you have to start with a two-inch-long minnow that smells like cucumbers.

Once an abundant food source for Northern California’s dwindling salmon population, the Delta smelt has been nearly eradicated by those enormous pumps capturing the flow of water from the Sierras. In 1993, the U.S. Fish and Wildlife Service listed the smelt as “threatened” under the Endangered Species Act, setting the stage for pumping limits. Worried about getting short shrift on water deliveries, the Resnicks and other farmers in five local water districts threatened legal action. So in 1995, state officials agreed to a deal or, as it has been suggested, a staggering giveaway. The farmers had to relinquish 14 billion gallons of “paper water” — junior water rights that exist only de jure, since there simply isn’t enough rainfall most years to fulfill them. In exchange, they got ownership of the Kern Water Bank, a naturally occurring underground reservoir that lies beneath 32 square miles of Kern County, which sits toward the southern end of the Central Valley. The bank held up to 488 billion gallons of water, and because it sat beneath a floodplain it could be easily recharged in wet years with rainfall and surplus water piped in from the Delta. The Resnicks, who’d given up the most paper water rights, came to hold a majority vote on the bank’s board and the majority of its water.

Over the next 15 years, a series of wet winters left the bank flush with water: Court documents obtained by the Associated Press showed that in 2007 the Resnicks’ share of the bank amounted to 246 billion gallons, enough to supply all the residents of San Francisco for 16 years. The Resnicks invested in their asset, building canals to connect the bank to the state and federal water systems, thousands of acres of recharge ponds capable of sucking imported water underground, and scores of wells. According to the Wonderful vice president who chairs the Kern Water Bank Authority, the water bank “enabled us to plant permanent crops” such as fruit and nut trees.

But a legal cloud has long shadowed the Resnicks’ water deal. The Kern County Water Bank was originally acquired in 1988 by the state to serve as an emergency water supply for the Los Angeles area — at a cost to taxpayers of $148 million in today’s dollars. In 2014, a judge ruled that the Department of Water Resources had turned the water bank over to the farmers without properly analyzing environmental impacts. A new environmental review is due next month, and a coalition of environmental groups and water agencies is suing to return the water bank to public ownership. Adam Keats, senior attorney at the Center for Food Safety, describes the transfer of the water bank to the Resnicks and other farmers as “an unconstitutional rip-off.”

And here’s a key fact to consider against this backdrop: The Resnicks aren’t just pumping to irrigate their fruit and nut trees — they’re also in the business of farming water itself. Their land came with decades-old contracts with the state and federal government that allow them to purchase water piped south by state canals. The Kern Water Bank gave them the ability to store this water and sell it back to the state at a premium in times of drought. According to an investigation by the Contra Costa Times, between 2000 and 2007 the Resnicks bought water for potentially as little as $28 per acre-foot (the amount needed to cover one acre in one foot of water) and then sold it for as much as $196 per acre-foot to the state, which used it to supply other farmers whose Delta supply had been previously curtailed. The couple pocketed more than $30 million in the process. If winter storms replenish the Kern Water Bank this year, they could again find themselves with a bumper crop of H2O.

Meanwhile, the fight between farmers and smelt has plodded on, with the Resnicks becoming prominent advocates for pumping even more water south to farms. In 2007, a group called the Coalition for a Sustainable Delta began using lawsuits of its own to assign blame for the estuary’s decline to just about everything except farming: housing development in Delta floodplains, pesticide use by Delta farms, dredging, power plants, sport fishing, and pollution from mothballed ships. The coalition’s website doesn’t mention the Resnicks, but it originally listed a Paramount Farms fax number, and three of the four officers on its early tax documents were Resnick employees.

Two years later, with a federal judge now restricting Delta pumping for the sake of the smelt, the Resnicks began raising their concerns with friends in Washington. At the top of that list was California’s senior senator, Dianne Feinstein. (The Resnicks threw a cocktail party for Feinstein when the Democratic Convention came to Los Angeles in 2000; Feinstein and Arianna Huffington once spent New Year’s with the Resnicks at their home in Aspen, Colorado.) Feinstein, who chairs the Senate Appropriations Committee’s powerful energy and water panel, typically serves as the key negotiator on California-related water bills.

Responding to prodding from Stewart Resnick, Feinstein sent a letter to the secretaries of the interior and commerce urging their agencies to reexamine the science behind the Delta environmental protection plan. The agencies spent some $750,000 studying the issue anew — only to have researchers again conclude the 2007 restrictions on Delta pumping were warranted.

Lynda Resnick rejects the idea that the couple wields any political power on matters of water policy. “We have no influence politically — I swear to you,” she told me. “Nobody has political influence in this. Nor would we use it.”

Yet that’s hard to square against the Resnicks’ approach to state politics. They’ve given six-figure sums to every California governor since Republican Pete Wilson. They donated $734,000 to Gray Davis, including $91,000 to oppose his recall. Then they gave $221,000 to his replacement, Arnold Schwarzenegger, who has called them “some of my dearest, dearest friends.” The $150,000 they’ve sprinkled on Jerry Brown since 2010 might not seem like a lot by comparison, but no other individual donor has given more. The Resnicks also have chipped in another $250,000 to support Brown’s pet ballot measure to fund education.

Now, in a throwback to the sort of massive public-works projects built during his father’s governorship, Brown envisions a bold, silver-bullet solution to the state’s water crisis. He recently unveiled a $15 billion plan to construct two 40-foot-wide tunnels that could carry 67,000 gallons of water per second from the Sacramento River to the Central Valley. The tunnels would completely bypass the ecologically sensitive Delta, eliminating much of the smelt-endangering pumping — and, by extension, many of the restrictions on Delta water diversions that have crimped the Resnicks’ supply.

A win for fish and a win for farmers? Not so fast. Environmentalists fear that removing so much freshwater from the Delta will make it too salty. “You could effectively divert just about every single drop of water before it gets to the estuary in dry years,” says Doug Obegi, a staff attorney with the Natural Resources Defense Council’s water program. There are laws on the books to prevent that from happening, but Central Valley farmers are working diligently to overturn those laws. In June 2015, Rep. David Valadao, a Republican from the Valley, introduced a bill that would force federal regulators to release more Delta water for agriculture. (The Resnicks have given more than $18,000 to Valadao’s campaigns since 2011.) “They really are trying to sacrifice one region for another,” says Restore the Delta’s Barrigan-Parrilla, who will testify against the plan this fall in hearings before the State Water Resources Control Board. “If these plans come to pass, [the tunnels] are a complete existential threat to our communities, our people, and to the environment.”

But the Resnicks have never been ones to let details get in the way of a good marketing campaign. In the summer of 2014, their employees quietly began conducting polling and focus groups to figure out the best way to sell Brown’s plan. Months later they launched Californians for Water Security, a coalition of business and labor interests that promotes the tunnels as an earthquake safety measure. “An earthquake strikes a vulnerable place — the heart of California’s water distribution system,” cautions the group’s television ad. “Despite expert warnings, crumbling water infrastructure has not been fixed … Aque­ducts fail. Millions lose access to drinking water … Our water doesn’t have to be at risk! Support the plan. Fix the system.”

Three weeks after the ad went live, Gov. Brown held a press conference in which he rebranded his plan as the California Water Fix.


In the heart of the nut boom is Lost Hills, an entirely flat town where more than half the households have at least one adult who works for the Wonderful Company. The population has doubled since 1990, and the influx of so many new families has meant rising costs. It’s not unusual for a field hand to spend 40 percent of his $1,800 monthly wage on a one-bedroom apartment. “You pay the rent and don’t eat, or you eat and don’t pay the rent,” says Gilberto Mesia, a Wonderful farmworker with three school-age children. More than half of the town’s residents are under the age of 23, a quarter live below the poverty line, and only 1 in 4 adults has a high school degree. “Lost Hills is extreme in every possible way,” says Juan-Vicente Palerm, an anthropologist at the University of California-Santa Barbara. “These are the state’s poorest workers, and they moved to Lost Hills because that was the cheapest place to live.”

On a swelteringly hot day, three Wonderful executives took me on a six-hour tour of nearly everything that the company is doing to improve the lives of the hundreds of employees who reside there. We met at the 14-acre, Resnick-funded Wonderful Park, where they introduced me to Claudia Nolguen, a Wonderful employee and Lost Hills native who coordinates a daily itinerary of free activities for residents. On today’s schedule: a morning fitness class, an after-school computer lab, and a movie night. We walked through the park’s emerald lawn to see its huge water tower, painted with a mural depicting two hills. “You have found Lost Hills,” the slogan said.

Next to the impeccable flower beds at one of the park’s two community centers, food bank workers were unloading enough frozen chicken to feed roughly 400 people. They were expecting a smaller-than-normal crowd. “During the harvest, families aren’t able to take advantage of the distribution,” one of the workers explained. “The usual stay-at-home mom is now working.”

We drove to the Wonderful pistachio factory for lunch. The chef in the employee cafeteria made us adobo-chicken lettuce wraps — part of a healthy menu intended to combat diabetes and obesity. Baskets on the tables were filled with free fruits and nuts for the taking. The company’s new, far-reaching health initiative also includes free exercise classes in the employee gym, a weekly on-site farmers market, and a program that pays people up to $2,700 a year to lose weight and keep it off. Since the program began in January 2015, the Wonderful workforce has shed 4,000 pounds.

In the plant’s nut-grading room, a few dozen seasonal employees wearing orange reflective vests and hairnets sat around folding tables evaluating samples from incoming truckloads of pistachios. Suddenly, a boom box started blaring merengue, and everyone stood up and danced. It was the daily Zumba break. “It feels good to move around,” one worker told me afterward.

As part of its focus on its workers, the company has built in-house health clinics at its plants in Lost Hills and Delano. The clinics have a full-time, bilingual doctor, health coaches, and prescription medications — all free of charge. “There are all sorts of costs related to poor health,” Stewart Resnick said at the Aspen Institute in July. “My hope is that this really doesn’t become a charity, but rather works, and that we will get a payback” — both in terms of productivity and reduced health care costs.

A similar return-on-investment logic infuses the company’s educational initiatives. Led by Noemi Donoso, the former chief executive of Chicago’s public school system, Wonderful Education last year spent $9.3 million, including at least $2 million on teacher grants and college scholarships in the Central Valley; it pays up to $6,000 a year toward college tuition for children of its employees. It is building a $25 million campus for a college prep academy in Delano and expanding its agriculture-focused vocational program to six public schools. It guarantees graduates of the programs jobs at Wonderful that pay between $35,000 and $50,000 a year. Among the goals is to provide a pipeline of workers to staff its increasingly mechanized operations. “Half the jobs are highly skilled jobs,” said Andy Anzaldo, the general manager of grower relations. “They’re quality supervisors. They’re engineers. They’re mechanics.”

The Resnicks are quick to point out that it’s not just plant workers who’ve benefited­ — the nut boom has improved the lives of farmworkers, too. Back when cotton was still king in Kern County, migrant workers who’d picked spring oranges and summer grapes in other parts of the Valley would descend on Lost Hills for a few weeks to work alongside cotton combines during the fall harvest. It wasn’t easy to bring kids along, so they usually stayed behind in Mexico or Guatemala. But tree crops are different. After the fall harvest comes winter pruning, spring pest management, and summer watering and mowing. The nut industry’s nearly year-round employment has allowed farmworkers to put down roots. They can live with their families, send their kids to school, and start to grasp for the American Dream. Like Rafaela Tijerina did.

Tijerina, who has short gray hair and a cautious smile, grew up in a village near Monterrey, Mexico, before her family moved to South Texas in 1954. She dropped out of school in the eighth grade to pick cotton and chased the cotton trail to Lost Hills, where in 1969 she found a job planting pistachio trees instead. The steady work allowed her kids to graduate from high school and move into the middle class. By 2000, Tijerina and her husband had scraped together enough money to qualify for a USDA loan that helped them buy 330 acres of wheat fields a few miles outside town.

But Tijerina and her husband can’t afford to drill wells or even tap into the supply from the local irrigation district; they farm entirely with God water. They haven’t harvested a crop in four years due to the drought, though in December they will plow their fields and plant another. Unless winter storms deliver enough rain, it will be their last shot before they sell out. “It’s really good land,” Tijerina told me, her shaky voice still tinged with optimism. “But the only thing is, we don’t have water.”

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This California couple uses more water than all of the homes in Los Angeles

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Alaska Native Village Votes to Relocate in the Face of Rising Sea Levels

“I waited until the last hour to vote.” Shishmaref, Alaska, is built on a narrow spit along the Bering Sea Coast. It’s under threat from increasing erosion, disappearing ice, and thawing permafrost. Gary Braasch/ZUMA This story was originally published by Grist. The coastal village of Shishmaref, Alaska, voted Tuedsay to relocate due to climate change-induced rising sea levels, according to city council secretary Donna Burr. The community is home to about 600 people, most of whom are Inupiat Inuit, and welcomed votes from tribal and non-tribal residents alike. This isn’t the first time the village has voted to relocate. In 2002, residents chose to leave for the mainland, but a lack of federal funds made that impossible. The U.S. Department of the Interior has made $8 million available for all tribes seeking relocation — that’s far short of the estimated $200 million the village needs to move. A lot of residents, like 25-year-old Tiffany Magby, are too young to really remember the 2002 vote. Magby says she’s heard talk of relocation almost her entire life and that the vote was difficult for her. “I waited until the last hour to vote,” Magby says. “I have a 3-year-old son, and am worried about what it means for his upbringing.” Magby voted to stay, because she doesn’t want her son to lose access to traditional values outside of Shishmaref. She says she didn’t know how most people voted, because most were quiet about the decision, pondering their vote until the last minute. The vote still needs to be certified, but the unofficial ballot results are 89-to-78, according to Burr. Burr says that that due to a lack of state and federal funding, the village will have to figure out a creative process to relocate. “It’s not going to happen in our lifetimes,” Burr says. “We just want to take the right steps forward for our children.” Originally from:   Alaska Native Village Votes to Relocate in the Face of Rising Sea Levels ; ; ;

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Alaska Native Village Votes to Relocate in the Face of Rising Sea Levels

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Pipeline company gets nasty as it tries to push huge new project through sensitive lands

midwestern battles

Pipeline company gets nasty as it tries to push huge new project through sensitive lands

By on Aug 17, 2016Share

If pipeline companies learned one thing from the fight that took down Keystone XL, it’s that sustained and vocal criticism can achieve real political outcomes, so they shouldn’t underestimate their opposition.

Maybe that’s why Dakota Access LLC, the company building one of the biggest pipelines proposed in the U.S. since Keystone XL, is attacking its critics directly.

On Monday, Dakota Access filed suit against the Standing Rock Sioux Tribe, asking for restraining orders and seeking unspecified monetary damages against a tribal chairman and other protesters who had been “occupying” land near pipeline construction sites.

The company has already begun construction on the 1,172-mile pipeline, intended to send up to 570,000 barrels of crude oil a day from North Dakota’s Bakken shale sites, through South Dakota and Iowa, to a refinery in Illinois.

Along the pipeline route, Dakota Access cuts across farmland, the Missouri, Mississippi, and Big Sioux rivers, and cultural and historical sites sacred to Native American tribes. In one location, the pipeline runs just 500 feet from the Standing Rock Sioux Tribe’s reservation border, according to organizer and property owner LaDonna Brave Bull Allard.

The tribe last week organized protesters to occupy land less than a mile from the tribe’s reservation boundary — land that Dakota Access had intended to cross in order to begin laying down pipe, said Nicole Donaghy, a native of Standing Rock and lobbyist for the Dakota Resource Council.

More than 500 protesters faced off with police and private, armed security guards; about 28 people have been arrested, reports the Bismarck Tribune. (Among their number was Hollywood actress Shailene Woodley, the star of the Divergent film series, reports the Associated Press.) Dakota Access did not respond to Grist’s request for comment.

The Army Corps of Engineers in July gave the pipeline its final federal permits, despite the tribe’s pending lawsuit against the Corps, filed in D.C. district court, which has an injunction hearing scheduled for Aug. 24. The suit argues that the project violates the Clean Water Act and the National Historic Preservation Act, among other laws. The tribe hopes the court will rule in its favor and issue a stop-work order.

Meanwhile, in Iowa, landowners have filed suit against eminent domain proceedings, which they argue would only be legal if the pipeline were a public utility instead of being privately owned.

Despite protests and pending lawsuits, Dakota Access will keep laying pipeline in the ground in all four states. Unless Dakota Access is derailed or delayed, the pipeline should be operational by the end of 2016.

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Pipeline company gets nasty as it tries to push huge new project through sensitive lands

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EPA’s new rules are good for tech, and trucking

Trim Riggins

EPA’s new rules are good for tech, and trucking

By on Aug 16, 2016Share

The Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration just finalized new standards for the biggest busters out on the road. We’re talking about trucks: the gassy behemoths that, despite making up 5 percent of overall road traffic, push out 20 percent of automotive emissions.

This is a big deal — both for the troposphere and for the lungs of anyone who lives near a popular truck hangout, like a freeway or a port. (That includes lots of people of color and low-income communities.)

It’s also a win for companies working on energy efficiency tech. The science to improve trucks’ fuel efficiency with features like hydraulic hybrid brakes and more aerodynamic cab styling already exists. But because fuel is currently cheap, the trucking industry has been slow to adopt changes like these.

The new rules also close a widely-used loophole that truckers used to evade earlier air quality standards by taking old engines — that emit 20 to 40 times more nitrogen oxides and particulate matter than modern diesel engines — and building new trucks around them. Truckers have until 2021 to get their rigs into compliance with the rest of the new regulations, but any sneaky switcheroo’ed engines have to be out earlier — by January 1, 2018.

Buying trucks that comply with the new standards will cost more upfront but, writes EPA, will save money in the long haul — about $170 billion worth. So, dry your tears, Teddy Bear: If all goes according to plan, you’ll be swimming in cash instead of particulate emissions.

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EPA’s new rules are good for tech, and trucking

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Coal lobbyists are the loneliest lobbyists

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Coal lobbyists are the loneliest lobbyists

By on Aug 16, 2016Share

The lifeboat keeping the coal industry afloat is getting a little lonely these days, as everyone abandons ship.

According to a report released Tuesday by Climate Investigations Center, coal lobbying groups American Coalition for Clean Coal Electricity, National Mining Association, and World Coal Associate have been hemorrhaging member companies in recent years.

At least nine companies confirmed they left ACCCE, and another seven left NMA; additional companies have been removed from the groups’ website but did not confirm their status.

As they shrink in members, the groups’ revenue and spending have shrunk, as well. Take ACCCE, which lost $27 million in revenue from 2008 to 2014:

American Coalition for Clean Coal Electricity IRS filings, 2008-2014

Many of the groups cited the lobbying groups’ opposition to climate change legislation for quitting. Last December, the automaker Volvo left the National Mining Association, calling the lobby’s efforts to oppose the Clean Power Plan “crazy.” Other companies to flee the groups since 2014 include Wells Fargo, Chevron, and Michelin.

“Coal mining companies continue to promote climate denial and oppose any serious effort to reduce carbon pollution,” Joe Smyth, the author of the report and a researcher at the Climate Investigations Center, told Grist. “So it makes sense that these companies are departing.”

The shrinking political might of coal country can be felt in other ways, too. More than 50 coal companies, including heavyweights like Peabody, have filed for bankruptcy since 2012.

Maybe someone should start handing out life preservers.

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Coal lobbyists are the loneliest lobbyists

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