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Tuesday: Change of Pace

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I need a break — a change of pace after the last several day’s nonstop doom-and-gloom observing what has become an American version of the Day of the Dead. Add the nauseating bullshit misogynist circus piling on the “church faint” by a post-menopausal woman wearing too much clothing in humid weather while recovering from pneumonia. It’s unrelenting ridiculousness which can only be broken by the injection of dark humor.

I like this young director Almog Avidan Antonir’s body of short works, including this little zombie love story. Looking forward whatever he might have next up his sleeve.

The Dakotas

  • Lawmaker unintentionally makes armed law enforcement drones legal in North Dakota (Independent-UK) — Way to go, dude. Legislator submitted a bill to outlaw armed drones; wretched police union got to the bill with revisions and now law enforcement can use drones armed with non-lethal force. North Dakota is now the first state in the U.S. to legalize armed drones. Want to bet law enforcement is already preparing to use this technology against pipeline protesters?
  • South Dakota Yankton Sioux filed suit against U.S. government over pipeline (Indian Country Today) — While media focused attention on North Dakota’s Standing Rock Sioux protest against the Dakota Access Pipeline, the Yankton Sioux in South Dakota filed against the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service. Though the planned pipeline runs through tribal treaty lands, the government did not complete an environmental study or a consult with the affected tribe — same complaint in South as in North Dakota. The pipeline company, Energy Transfer, did not use tribe members to identify any challenges during planning of the pipeline route.
  • Trespass charges against journalist Goodman blows off First Amendment and Justice Dept. (Committee to Protect Journalists) — CPJ’s Carlos Lauria said the warrant issued for Democracy Now’s Amy Goodman is “a transparent attempt to intimidate reporters” covering the NoDAPL protests. Morton County’s warrant ignores Justice Dept’s joint statement with Interior Dept halting pipeline construction, in which the departments said, “we fully support the rights of all Americans to assemble and speak freely. …” Goodman clearly identified herself as a reporter.
  • Oil producers whine about pipeline delays interfering with cheap oil (Fortune) — These guys are just not catching the cluestick. It may take shareholder activism to wake these morons up about the end of fossil fuels and a need for entirely new business models instead of forcing oil pipelines through.
  • Standing Rock: a new civil rights movement? (Guardian) — Op-ed looks at the birth of a new movement where environmental and civil rights activism join forces to protect indigenous people and Missouri River — the longest river in the continental U.S.

Flint Water Crisis

  • Former state epidemiologist not talking about possible plea deal (MLive.com) — Corinne Miller, now retired, was arraigned in August on felony misconduct and misdemeanor neglect of duty. Miller suppressed action on children’s blood lead levels and told Michigan Dept of Health and Human Services employees to delete emails related to the blood lead data.
  • Water bill moves forward in Senate (The Hill) — Emergency funding for Flint and its lead-contaminated water system closer to passing as part of a $9.4 billion bill for water-related infrastructure and clean drinking water. The bill also includes assistance for Louisiana’s flood recovery. Money for Flint’s aid may be paid by cutting the Energy Dept’s Advanced Vehicle Manufacturing Technology loan program.
  • Water filters still needed by Flint residents through end of year, possibly longer (Detroit Free Press) — There’s no clear end to the water crisis, even though funding may soon be available. Thresholds for lead levels have not yet been agreed upon by state and federal officials. The amount of damage to the city’s water system continues to complicate recovery efforts.

Still Picking on Volkswagen

  • VW engineer plead guilty to conspiracy, wire fraud and violating Clean Air Act (Jurist.org) — The record of engineer James Robert Liang’s June indictment was unsealed on Friday, revealing he and co-conspirators designed, implemented, and lied about emissions controls technology which evaded emissions standards. One interesting bit of new information is the involvement of an unnamed third-party engineering company partially owned by Volkswagen, referred to in the indictment as “Company A.”
  • Awkward: Liang to be sentenced during North American International Auto Show (Detroit News) — Four months from now, smack in the middle press week for Detroit’s 2017 NAIAS, VW engineer Liang will be sentence in U.S. District Court in the Eastern District of Michigan. This op-ed notes Liang’s plea hints at a much-larger conspiracy in VW pursued by investigators. Somebody had to sign off on this design, at a minimum. And somebody had to tell Bosch what and how to make the non-compliant electronic controls units.

Longread: Rakoff on Fiss and rights under a War on Terror
United States District Judge Jed S. Rakoff looks at a collection of essays by legal scholar Owen Fiss, written over the last 13 years while the U.S. the so-called “War on Terror.”

Toodles!

North Dakota and Feds Suppress Native American Pipeline Protesters

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[top: planned Dakota Access pipeline route, via Dakota Access LLC; bottom: Keystone XL pipeline, via Independent-UK]

[top: planned Dakota Access pipeline route, via Dakota Access LLC; bottom: Keystone XL pipeline, via Independent-UK]

What’s the difference between these two pipelines? Only variations are the origin of the oil they may transport and their location as far as I can tell since they are described as competing pipelines.

Oh, and the Keystone XL pipeline was vetoed by President Obama a year ago this past February because Congress tried to ram through approval, attempting to “circumvent longstanding and proven processes for determining whether or not building and operating a cross-border pipeline serves the national interest,” according to the president.

In both cases — Keystone XL and the Dakota Access — the planned pipelines traversed Native American tribal lands and/or water systems upon which these sovereign nations relied. The affected tribes have protested the credible threats these pipelines pose to their health and safety as well as their heritage and sovereignty.

The threat is real; there have been 11 pipeline accidents since 2000 on lines carrying oil or gasoline across the Dakotas. One of those pipeline accidents resulted in roughly 20,000 barrels or 865,000 gallons of oil spilling beneath a farm in North Dakota in 2013. There was a ten-day lag after the farmer brought the spill to the company’s attention until the state’s governor heard about the accident — ridiculous, considering North Dakota is the 47th largest state in terms of population, at less than 800,000 residents. It’s not like there were a lot of people in the way. The spill covered an area equal to seven football fields and clean-up is still under way and may not be completed until some time in 2017. The North Dakota Tesoro pipeline oil spill is one of the largest in the U.S. to date.

Oil producers and pipeline owners/operators have frankly been lousy in their responsibilities to the public. It’s not just the 11 pipeline accidents in the Dakotas since 2000; it’s a rather lengthy list of them across the entire country and a lengthy track record of crappy response to the damage done to the environment. My state, Michigan, which is surrounded by the largest bodies of fresh water in the world, is also the site of the largest oil pipeline spill in the U.S. In 2010, more than 1.1 million gallons of oil spilled, much of it into a waterway. Alarms notifying the pipeline’s owner, Enbridge, of the spill were initially ignored for 17 hours, blown off as operation notifications.

Simply unacceptable.

The Native American tribes have no reason whatsoever to believe oil producers and pipeline owners/operators will act with any more care than they have to date. Further, they have no reason to trust the U.S. government about these pipelines, either. They have been betrayed and damaged again and again by the U.S. — excessive and mortal police brutality, theft of human remains, theft and mismanagement of billions in assets, the indignity of fighting to remove the name of a mass murderer from public lands, the catastrophic contamination of the San Juan River supplying water to the Navajo nation — the insults are endless.

The latest insult: North Dakota’s Governor Jack Dalrymple signed an executive order to obtain more funding for additional police to deter approximately 1,500 protesters. The state has pulled water supplies used by the protesters and refused to allow portable toilets to be emptied. This follows a temporary restraining order granted to Dakota Access LLC by a federal district court against protesters’ interference with pipeline work. Native Americans have also been prevented from leaving reservation land, which may be a violation of civil rights and treaties.

Native Americans have legitimate concerns with the Dakota Access pipeline. For one, its planned route crosses the Missouri River which serves as the entire water source for the Standing Rock Sioux Tribe; the Army Corp of Engineers (ACOE) approved 200 water crossings by the pipeline in spite of requests by the Sioux to deny construction permits. The ACOE, however, reviewed and rejected an alternate pipeline route crossing the Missouri River near Bismarck as it was deemed a threat to the municipal water supply. This looks like outright racism on the face of it; the pipeline is a threat to 92% white Bismarck, but not a sovereign Native American tribe?

Secondly, the ACOE has been asked by U.S. Environmental Protection Agency (EPA), the U.S. Department of Interior (DOI) and the Advisory Council on Historic Preservation to conduct an investigation and prepare a formal Environmental Impact Statement (EIS), requiring consultation with the affected tribes. No EIS appears to have been conducted to date. In addition to the health and environmental safety concerns related to the pipeline’s installation and operation, the historical significance of the area is inadequately documented. The lack of a thorough assessment means the current Dakota Access pipeline plan may disrupt an older Mandan village site where Mandan may be buried. The site has cultural and religious significance to tribes and should be protected by the Advisory Council on Historic Preservation under federal law.

Dakota Access LLC is pressing for this pipeline to reduce the costs of oil. Shipping crude oil from North Dakota’s Bakken Shale reserve by rail or truck is more expensive than shipping by pipeline.

That is until ALL the true costs and externalities are added, like the spills, remediation, short- and long-term health and environmental problems are added. These costs haven’t been added to the true cost of oil and are instead a gamble which humans living nearest to the pipeline must pay if there is a failure.

[10-year monthly price of WTI per barrel via Megatrends]

[10-year monthly price of WTI per barrel via Megatrends]

While the oil producers and pipeline operators continue to hammer away at the cost of oil, the price of oil has fallen. They can’t drop the cost fast enough and deep enough to realize a return on investment. They will cut corners as much as possible as the price of oil falls — and it will, if demand for oil also falls as it has with the rise of hybrid and electric vehicles. Cutting corners means there will be greater risk the pipeline will not be adequately monitored or maintained, just as it wasn’t in Michigan.

As more and more alternative, green energy resources come on line along with the technology to use them, it will make even less sense to invest in pipelines which may not carry all that much oil. The Bakken Shale reserve is estimated at several hundred billion barrels of oil, but the amount which can be recovered readily and economically is much less than 10% of the estimated total reserve. If the oil is too expensive to extract AND competing energy resources are both cheaper and available, why build this pipeline at all? How is enabling our continuing addiction to oil in the long-term best interests of our country?

It will take some spine to do the right thing and force this project to slow down for a full EIS assessment. It will take even more spine to point out we are both at the end of fossil fuel and at the limit of our disregard for Native Americans’ lives. It can be done, however; just ask Canada’s Justin Trudeau how he did it.

Last Week’s Blizzard, This Week’s Hell

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Did you know there was a blizzard last week? I’ll admit I didn’t. Never saw a peep about it across several Twitter and internet news feeds until today.

Between 28 and 60 inches of snow fell across parts of South Dakota late last week in a freakishly early snow storm, the white stuff accumulating rapidly while many of us were picking apart reports about the National Security Agency’s breaching of Tor. I was watching my feed pretty closely at the time, and never saw a thing about South Dakota’s weather.

Many if not all of South Dakota’s cattle ranchers still had herds out in summer grazing areas at the time the storm hit. The results are still being measured; somewhere between 15% and 50% of the entire South Dakota herd died in the storm, with long-term effects on the remaining herd as yet unknown.

I haven’t seen a map of the affected area, but I’ll bet these same ranchers may have been impacted by flooding earlier this year. Comprehensive maps detailing the affected area probably won’t be widely available until after Congress resolves the budget and debt ceiling disputes, restoring funding to government agencies like National Oceanic and Atmospheric Administration (NOAA) National Weather Service. Fortunately less detailed maps are available, reflecting flood warnings in western South Dakota.

The worst part of this situation isn’t the lack of predictive information in advance of the storm or impact maps in the wake of the blizzard. It’s the lack of any federal assistance to ranchers devastated by this storm; state agencies struggling with the impact of the storm on their normal operations will be challenged to respond without additional aid. Was adequate advance warning possible from NOAA’s skeleton crew? Should the affected area have been declared a federal disaster? Should there be assistance for cleanup and disposal of approximately 75,000 head of cattle? Should there be agencies looking into financial aid for those ranchers most impacted? Should there be health assessments with regard to the potential spread of disease among humans and cattle alike as the storm’s damage is documented?

Of course there should be assessments and assistance. We’ve agreed as a nation these kinds of services and more are in the best interest of the public as a whole, and we’ve funded them in the past. We help our neighbors in times of trouble just as they help us — this is and has been part of our American values.

It’s too damned bad, though, that Congressional Republicans have decided hard-working farmers — folks who ordinarily might be their base — are less important than a massive temper tantrum about health care and debts they agreed to under the last three presidential terms. Compare the speed with which Congress agreed to bail out soft-handed, flabby-assed banksters back in 2008 — the same banksters who made money off shady subprime mortgages and then tanked the economy with equally shady derivatives based on the same. It took one week from the time Congress reached a tentative agreement between parties, and passage of the Emergency Economic Stabilization Act of 2008. If speed of Congressional response were a measure of importance, helping hard-working but distressed small business owners in the heartland clearly isn’t a benchmark of note.

April Snows Bring May Outrage: Record Flooding Ahead

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[Map, national hydrologic assessment via NOAA-NWS]

Map, national hydrologic assessment via NOAA-NWS

In contrast to headline news today, the weather seems perfectly harmless — until one looks carefully at these maps.

Though increased soil moisture levels may be a big improvement over this past summer’s drought, a serious problem remains: there’s been too much late snow and it’s going to melt quickly.

Based on the 21-MAR-2013 hydrologic map above, conditions along the Red River basin were quite bad; changes of major flooding were already predicted at that time. Since that report, the State Climatology Office at University of Minnesota recorded 4 inches of water (which includes 13 inches of snow) at their Twin Cities campus. This same station, however, received between 6-15 inches less snow over the last month than Fargo, North Dakota, located on the Red River.

The data used for the Percent Chance of Flooding map below is dated 15-APR-2013, before the final snowfall tally after The Weather Channel-branded winter storm “Xerxes” on 16-APR-2013. The area between Bismarck and Fargo received at least two feet of snow.

[Graphic: NOAA Nat'l Operational Hydrologic Remote Sensing Center]

Graphic: NOAA Nat’l Operational Hydrologic Remote Sensing Center

I’m no meterologist, climatologist, or hydrologist, but it sure looks to me like the chances of major flooding have increased from 80% to 100%. Just an uneducated guess on my part; I’ll also speculate flooding will accelerate within the next week-10 days without doing any additional research into the subject. (Hint: It’s called “spring.”) Read more →