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Frackers are flooding the atmosphere with climate-warming methane

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Why is Alaska fighting the cleanup of Chesapeake Bay?

by KlaraGuzm Posted on April 30, 2014

Why is Alaska fighting the cleanup of Chesapeake Bay?

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The EPA has a plan to clean up Chesapeake Bay, which has been polluted by agriculture interests for decades. A “pollution diet” finalized by the agency in 2010 would reduce the amount of animal waste and fertilizer that gushes into the bay from the 64,000-square-mile watershed every year, causing dead zones.

The American Farm Bureau Federation, corn growers, pork and poultry producers, and home builders are fighting that plan in a federal lawsuit, accusing the EPA of making an illegal power grab. Twenty-one states — including Alaska and many others that are nowhere near the Chesapeake watershed — have joined the suit, worried that the cleanup plan could set a dangerous precedent and spread ecological health to their own tainted waterways.

Monday was the deadline for submitting briefs in the case, and fortunately some of those briefs have been in support of the EPA’s plan. Maryland and Virginia, the two states that actually border the bay, are all for cleaning it up. “This lawsuit attacks our efforts to restore the health of the Chesapeake Bay and strengthen its crucial economic value,” said Maryland Attorney General Douglas Gansler. “Maryland must preserve its partnership with an effective EPA to safeguard our environment and sustain the thousands of jobs supported by the bay.”

Nearby Delaware and Washington, D.C., are in support of the EPA’s plan too, as are six major cities: Baltimore, Chicago, Los Angeles, New York, Philadelphia, and San Francisco. Four Florida conservation groups have also filed a brief in support of the EPA’s plan, making this cogent point: “The heart of the Clean Water Act is the principle that the Nation’s waters cannot be used — directly or indirectly — to dispose of waste. This appeal [by the Farm Bureau] represents a challenge to that principle.”

The case is a big deal, as the Associated Press points out:

Cary Coglianese, a University of Pennsylvania law professor, says the appeals court ruling could go a long way in shaping environmental policy. “A win will keep intact the EPA’s policy approach, while a loss would not only have an effect on the Chesapeake but similar policies in other parts of the U.S.,” Coglianese said.

The Third U.S. Circuit Court of Appeals in Philadelphia is expected to begin hearing oral arguments in the case this summer.

Source
Challenge to Chesapeake Cleanup Tests EPA Power, The Associated Press
Six Major Cities Add Their Support To Chesapeake Bay Cleanup Plan, ThinkProgress

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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Why is Alaska fighting the cleanup of Chesapeake Bay?

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Weather-related blackouts in U.S. doubled in 10 years

by wqds234der Posted on April 11, 2014

Weather-related blackouts in U.S. doubled in 10 years

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The current U.S. electrical grid is a far cry from smart. Climate change and aging infrastructure are leading to an increasing number of blackouts across the country.

A new analysis by the nonprofit Climate Central found that the number of outages affecting 50,000 or more people for at least an hour doubled during the decade up to 2012. Most of the blackouts were triggered when extreme weather damaged large transmission lines and substations. Michigan had the most outages, followed by Texas, Ohio, Pennsylvania, and Virginia.

Climate CentralClick to embiggen.

Severe rainstorms, which are growing more tempestuous as the globe warms, were blamed for the majority of the weather-related outages.

Climate CentralClick to embiggen.

The researchers listed two main drivers of the trend:

Climate change is, at most, partially responsible for this recent increase in major power outages, which is a product of an aging grid serving greater electricity demand, and an increase in storms and extreme weather events that damage this system. But a warming planet provides more fuel for increasingly intense and violent storms, heat waves, and wildfires, which in turn will continue to strain, and too often breach, our highly vulnerable electrical infrastructure. …

Since 1990, heavy downpours and flooding have increased in most parts of the country, and the trend is most dramatic in the Northeast and Midwest. Some of this heavy rain is likely to be associated with high winds and thunderstorm activity. Researchers have found that these regions have already seen a 30 percent increase in heavy downpours compared to the 1901-1960 average.

Climate CentralClick to embiggen.

Solutions to the problem include more small wind and solar power installations built close to where the electricity is needed — and an overhaul of the country’s overburdened and outmoded grid system.

This research won’t come as a surprise inside the White House. The Obama administration put out a call for more spending on grid infrastructure last year when it published similar findings in its own report.

Source
Weather-Related Blackouts Doubled Since 2003: Report, Climate Central

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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Critics Say Chevron Flouted Pay-to-Play Law. FEC Says It’s All Good.

by FeliciaFoutch Posted on March 24, 2014

Mother Jones

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A recent decision from the Federal Elections Commission could overturn 70 years of precedent and defang a long-standing law that bars companies from buying favorable election results to gain federal contracts. Goodbye anti-pay-to-play laws, hello corporate America profiting off lucrative government deals based on campaign donations.

The trouble all stems from a single contribution made during the 2012 election. On October 7, 2012, oil giant Chevron donated $2.5 million to the Congressional Leadership Fund (CLF), a super PAC tied to John Boehner and House Republicans that spent almost $10 million in 2012, largely on ads attacking Democratic House candidates.

That raised the ire of Public Citizen, a liberal consumer advocate group. In a complaint sent to the FEC last year, Public Citizen and a handful of other groups claimed that Chevron and CLF violated a federal law (referred to as pay-to-play) that bans any corporation that holds a contract with the federal government from contributing to a political campaign. The complaint was sent after Public Citizen checked a public database of federal contractors and noticed that Chevron was listed as working with the government. Last week the FEC dismissed those complaints with an argument that could create a loophole a million dollars wide for other companies to exploit.

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Critics Say Chevron Flouted Pay-to-Play Law. FEC Says It’s All Good.

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Fracking infrastructure? Not in my backyard, says Exxon CEO

by TerryQnhtwe Posted on February 21, 2014

Fracking infrastructure? Not in my backyard, says Exxon CEO

By Eve Andrews

World Economic Forum

Woe is Rex Tillerson, CEO of ExxonMobil.

Public utility Cross Timbers Water Supply Corp. has had the nerve to plan a water tower in Bartonville, Texas – right next to Tillerson’s own personal horse ranch! Not only is the tower a blight on Tillerson’s very own piece of Texas forever, but it’s also going to bring all kinds of noise, traffic, and plebeians to his driveway. Oh, and one more thing – it’s also going to supply the energy companies that are quickly growing their fracking operations in the area. Included among these companies is XTO Energy, which ExxonMobil acquired in 2009.

Tillerson and his wife have brought suit against Cross Timbers to block the proposed water tower, and they’re not alone. Former U.S. House Majority Leader Dick Armey (R) and his wife are the lead plaintiffs in the suit. Armey’s impressive track record includes a stint as chairman of Tea Party-affiliated FreedomWorks, a D.C.-based nonprofit committed to “helping activists fight for lower taxes, less government, and more freedom.”

The Cross Timbers case has been going on since 2012, and was recently sent back to the district court after a ruling reversal by an appellate judge, according to The Wall Street Journal. The Tillersons, Armeys, and their co-plaintiffs argue that they were promised that utility construction would not come near their homes. Cross Timbers’ position has been that, as a public utility, they can build wherever they goddamn please.

Tillerson’s primary concern seems to lie in damage to the aesthetics and privacy of the property in which, as he repeatedly reminded the audience at a Bartonville town meeting in November, he’s invested millions of hard-fracked dollars. We might focus more on the danger of water contamination that tends to accompany fracking infrastructure, for which XTO Energy currently faces criminal charges in Pennsylvania. But, hey – you do you, Rex!

UPDATE: Rep. Jared Polis (D-Colo.) has released a statement kindly inviting Tillerson to an exciting new club:

“I would like to officially welcome Rex to the ‘Society of Citizens Really Enraged When Encircled by Drilling’ (SCREWED). This select group of everyday citizens has been fighting for years to protect their property values, the health of their local communities, and the environment. We are thrilled to have the CEO of a major international oil and gas corporation join our quickly multiplying ranks.”

Read the rest of Polis’ statement here.

Source
Exxon CEO Joins Suit Citing Fracking Concerns, The Wall Street Journal

Eve Andrews is a Grist fellow and new Seattle transplant via the mean streets of Chicago, Poughkeepsie, and Pittsburgh, respectively and in order of meanness. Follow her on Twitter.

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Fracking infrastructure? Not in my backyard, says Exxon CEO

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Why It’s Getting Harder to Sue Illegal Movie Downloaders

by IssacTenreajbyw Posted on February 17, 2014

Mother Jones

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The company behind the Oscar-nominated film Dallas Buyers Club sued 31 people in a federal district court in Texas this month for allegedly using the legal file-sharing service BitTorrent to download the movie illegally. The lawsuit is one of thousands that have been brought by companies against BitTorrent users in recent years, in an effort to crack down on Americans who are stealing movies, music, porn, books, and software. But it could have a tough time. Recently, several federal judges have ruled that key information—computer Internet Protocol (IP) addresses— used by film studios and others to target supposed thefts is insufficient proof to proceed with the lawsuits. And copyright experts say that even though companies are still winning lots of settlements, these firms are going after fewer plaintiffs at once than they were a few years ago. This suggests that their ability to pursue large piracy cases has been hampered.

“I think the trend is towards judges looking at piracy cases more carefully than they used to, requiring more upfront investigation,” says Mitch Stoltz, a staff attorney at the Electronic Frontier Foundation (EFF). “There may always be some judges who will simply rubber-stamp these cases…but there are fewer of those judges than before.”

When companies bring copyright lawsuits, they often don’t know the identities of the alleged pirates. (This was true in the Dallas Buyers Club case.) Instead, they use IP addresses, unique numbers assigned to each device on an internet network, to track the computers that have been used for illegal downloading. Then they ask a judge to issue a subpoena to the internet service providers, so they can obtain the name of the person associated with that IP address. If the judge approves this request, plaintiffs can make additional demands, such as seeking a copy of the person’s hard drive. Armed with this information, the plaintiff then typically forces the defendants to settle. The average settlement ranges from $2,000 to $5,000, says Jeffrey Antonelli, a Chicago attorney who has represented numerous people accused of illegal BitTorrent use.

But this strategy isn’t perfect. “IP addresses are continuing to be less and less of an indicator of the identity of a particular person or computer on the net,” says R. Polk Wagner, a law professor at the University of Pennsylvania who specializes in intellectual property law. The name connected to an IP address usually identifies who is the paying the internet bill, not who is doing the downloading. Ten years ago, most people didn’t use wireless routers at home, but now, more than 60 percent of people do. And all the computers using a single wireless router have the same IP address. So if your tech-savvy neighbor is piggybacking off your wireless internet—and illegally downloading Mean Girls—you could take the heat. And Stoltz, from the Electronic Frontier Foundation, points out that when people receive settlement letters, they are often scared into paying up—”even when they didn’t download illegally, or had valid defenses.”

Here’s an example of how imprecise IP addresses can be in pinpointing a specific computer: In 2012, law enforcement tried to catch a person making online threats to local police in Indiana by tracing the person’s IP address to a specific house. After a SWAT team broke down the door and tossed a couple of flashbangs into the entryway, they realized they’d gotten the wrong place. The home had an open wi-fi router. The threats were coming from down the street.

Recently, some judges have become more wary about granting subpoenas to companies who come to them with only IP addresses. Last month, a judge in the US District Court for the Western District of Washington at Seattle dismissed a case brought by the studio that produced Elf-Man—a direct-to-video Christmas movie—against 152 anonymous defendants. According to the judge, “simply identifying the account holder associated with an IP address tells us very little about who actually downloaded Elf-Man.” In May 2013, a federal judge in California came down hard and issued a $81,320 fine against copyright holders that were “porno trolling” or going after people accused of downloading porn illegally. According to the judge, the plaintiff, Ingenuity 13 LLC, relied too heavily on IP addresses and did not do an adequate enough investigation to bring claims. And in May 2012, a federal district judge in New York reached a similar conclusion about IP addresses, as did a federal judge in Illinois the year before. Wagner notes, “Judges are increasingly realizing that IP addresses don’t have a high degree of reliability, and they’re not an accurate representation of who has control of the computer.”

Antonelli, the Chicago attorney, takes a different position. “Sure, we’ve seen a sprinkling of courts that have taken this position,” he says, “but in my opinion, it’s not enough, especially when you look at just how many lawsuits are being filed. I don’t see a trend yet.” He notes, however, that studios are no longer going after tens of thousands of plaintiffs at once, like they were doing from 2011 to late 2012. In 2011, for example, the producers for Hurt Locker sued almost 25,000 BitTorrent users—and almost all the claims were voluntarily dismissed by the studio, because it was taking too long to track down all of the defendants via their IP addresses. “That’s certainly changed. Typically we see no more than 100 defendants…I think that was a smart move on the plaintiffs. Courts were losing patience,” says Antonelli. Wanger adds, “It’s possible companies think that if they sue fewer people who are doing more significant activities, that’s a more defensible public relations approach.” (The Motion Picture Association of America and the Recording Industry Association of America didn’t provide comment to Mother Jones as to whether studios are now going after fewer plaintiffs.)

For now, whether or not the Dallas Buyers Club producers will be able to successfully subpoena the alleged downloaders remains to be seen. (An attorney representing the producers did not return multiple requests for comment.) “It really depends on the judge assigned to the case,” says Stoltz. He says movies studios should be able to bring claims that are plausible, based on the facts they gather before suing.

The founder of the website Die Troll Die, who goes by the name John Doe, says that he started his website to fight alleged copyright trolls after being sued for copyright infringement—something he claims he didn’t do. He says he’s happy to see that the tide is turning against companies using IP addresses to bring lawsuits. He told Mother Jones via email, “I can say first-hand that being threatened with a lawsuit because someone else used your internet connection is a horrible experience.”

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Why It’s Getting Harder to Sue Illegal Movie Downloaders

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Pennsylvania to start fracking sensitive state forestland

by Laura Posted on February 6, 2014

Pennsylvania to start fracking sensitive state forestland

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Nicholas A. Tonelli

When Pennsylvania’s Republican governor looks at this, he sees green.

Pennsylvania has already leased out to frackers nearly half of the state forestland that sits above Marcellus shale natural-gas reserves. The rest is considered environmentally sensitive or difficult to access, and it has been protected from fracking since a Democratic governor imposed a limited forest-fracking moratorium in 2010.

But Gov. Tom Corbett (R), who took office in early 2011, thinks it’s time to frack the whole damn lot. He proposes opening up those lands to leasing, which his administration says could raise $75 million a year. The first year the money would go toward the general fund, but they say in subsequent years it would go to state parks and forests.

The Pennsylvania Independent Oil & Gas Association loves Corbett’s proposal, which one of its officials described as being “way overdue.” Some Democrats and environmentalists, however, are not so sure. They’re particularly suspicious of claims that the fracking could be done without disturbing the park land. The Pittsburgh Tribune-Review explains:

Natural gas wells would reach deposits under parks and forests through horizontal drilling from sites outside.

“There is no increase in overall surface impacts,” said Patrick Henderson, Corbett’s deputy chief of staff for energy issues. An executive order would be issued to ban leasing that could result in surface disturbance, Henderson said. …

John Hanger, a Democratic gubernatorial candidate and former state environmental regulator, cautioned there is no such thing as no-impact drilling: “More drilling always involves more road construction, more pipelines, more truck traffic.”

Other advocates for the environment expressed skepticism.

“This will place more and more of the budget burden on the backs of public lands,” said Cindy Dunn, CEO of PennFuture.

Worried? Don’t be. The oil and gas association claims it’s unlikely that any drilling company would ever want to work in the most sensitive areas. Because, you know, they care.

Source
Corbett hopes to raise $75M through natural gas leases in state forests, parks, Pittsburgh Tribune-Review
Corbett wants to lift ban on new gas drilling in state forests, The Philadelphia Inquirer

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.

Pennsylvania to start fracking sensitive state forestland

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Koch-Tied Groups Funded GOP Effort to Mess With Electoral College Rules

by JuliaPage Posted on January 31, 2014

Mother Jones

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Last election season, a shadowy nonprofit pumped hundreds of thousands of dollars into a campaign to change how electoral votes are counted. The group didn’t disclose who was funding its efforts—a fact that Mother Jones highlighted in a story titled “Who’s Paying for the GOP’s Plan to Hijack the 2012 Election?” But now, thanks to Citizens for Responsibility and Ethics in Washington (CREW), a nonpartisan government watchdog, it’s clear that organizations with ties to billionaire industrialists Charles and David Koch footed at least some of the bill.

Each state and the District of Columbia has a certain number of electoral votes, based on their population, and they get to decide for themselves how those votes should be allotted. Currently, every state except Maine and Nebraska gives all of their electoral votes to the candidate who wins the statewide popular vote. But in 2011, GOP lawmakers in Pennsylvania and Wisconsin introduced bills that would divide electoral votes among candidates based on how many congressional districts they won. Because Republicans drew the boundaries of the districts in those states, this scheme would be almost certain to hand Republican presidential candidates the majority of their electoral votes—even if more voters cast ballots for Democrats. (Read more about how the plan would work here.) Presuming the race is close enough, this could decide the nationwide outcome.

In the case of Pennsylvania, a mysterious nonprofit called All Votes Matter spent large sums lobbying for these changes. Local officials wondered about its funding sources. “They raised an awful lot of money very quickly—$300,000 in just a few days,” Democratic Pennsylvania state Sen. Daylin Leach told Mother Jones at the time. “We’re all curious where that level of funding comes from.” But All Votes Matter didn’t disclose its donors, nor did it have to. The group is organized as a 501(c)4 “social welfare” nonprofit, which means that it can spend money on politics while keeping its donors secret. (Such groups are not supposed to spend more than half of their budget on political causes, but IRS enforcement is slack.) Thus the public knew little about the agendas behind this effort to upend the mechanics of presidential elections.

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Koch-Tied Groups Funded GOP Effort to Mess With Electoral College Rules

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Judge Strikes Down Pennsylvania Voter ID Law

by Melissa Robin Posted on January 17, 2014

Mother Jones

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In a victory for access to the polls, a state judge struck down Pennsylvania’s voter ID law today. Rick Hasen tells us what it means:

This is a clear victory for opponents of voter id laws, with a finding that:

the implementation of the voter id law violated the law’s own promise of liberal access to voter id
the implementation exceeded the agency’s authority to administer the program
the voter education efforts were woefully inadequate
as a whole the Pa. voter id program violated the Pa. constitutional’s fundamental right to vote.

In this regard, it is important to note that the court rejected Pa’s argument that the law was aimed at preventing voter fraud. The judge found that the state presented no evidence the law was necessary either to prevent fraud or to keep public confidence in the fairness of the election process.

(Reformatting mine.) You should read the whole thing, including Hasen’s big caveat: the judge didn’t rule that voter ID was a violation of equal protection and did rule that the law wasn’t motivated by an attempt to disenfranchise minorities or Democratic voters. Because of this, it’s not clear if the Pennsylvania Supreme Court will affirm this decision.

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Judge Strikes Down Pennsylvania Voter ID Law

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Fracking opponents win big in Pennsylvania

by TraceeZerangue Posted on December 23, 2013

Fracking opponents win big in Pennsylvania

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William Avery Hudson

Robinson Township in western Pennsylvania is home to a couple thousand residents and about 20 fracked wells. In a resounding victory for common sense and for local governments throughout the state, residents there and in six other towns won an epic court battle last week that will give them back the right to regulate or even evict the fracking operations in their midst.

The Pennsylvania Supreme Court on Thursday struck down elements of a state law that had prevented local governments from regulating fracking activities. The Philadelphia Inquirer reports:

The long-awaited decision is a blow to a 2012 law known as Act 13 that was promoted by [Gov. Tom Corbett (R)] and the Marcellus Shale natural gas industry as a means to create a uniform statewide standard for gas development.

By a 4-2 vote, the court ruled that the zoning provisions in the law were unconstitutional, though the court disagreed on the grounds for striking down the law.

“The bottom line is that the majority of the court agreed that Act 13 is unconstitutional, and that local governments can zone oil and gas drilling like they do other activities,” said Jordan B. Yeager, a Doylestown environmental lawyer who argued the case on behalf of several municipalities.

Cue bullshit bluster:

“We must not allow today’s ruling to send a negative message to job creators and families who depend on the energy industry,” Corbett said in a statement. “I will continue to work with members of the House and Senate to ensure that Pennsylvania’s thriving energy industry grows and provides jobs while balancing the interests of local communities.” …

“We are stunned that four justices would issue this ruling, which will so harshly impact the economic welfare of Pennsylvanians,” State Senate President Pro Tempore Joe Scarnati (R., Jefferson) and House Speaker Sam Smith (R., Jefferson) said in a joint statement. They said the ruling likely would increase natural gas prices and cost “a multitude” of jobs.

The claim that giving local governments the right to control drilling operations within their borders will “harshly impact the economic welfare” of the state’s residents is, of course, obnoxious and false. But, then, we have become depressingly accustomed to hearing such lies from frackers and from the politicians who promulgate their talking points about economic booms and jobs.

Source
Pa. Supreme Court jolts shale industry, The Philadelphia Inquirer
What Pa. court’s ruling on gas-drilling law means, The Philadelphia Inquirer

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.