Environmental Justice Protest in Scotland County, NC


Scotland County Of Tomorrow

As some of you might know, it is a well known fact that race is a predominant factor in the siting of landfills (warning, pdf, but worth it!!). But the folks at the North Carolina Environmental Justice Network (NCEJN) and its member organizations do a wonderful job in organizing, protesting, and lobbying against this egregious practice. If you’re in the neighborhood (or in the mood for a road trip), please do consider joining the protest.

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    Bush Administration to enshrine destructive coal mining practice

    Rule to Expand Mountaintop Coal Mining – New York Times

    The Bush administration is set to issue a regulation on Friday that would enshrine the coal mining practice of mountaintop removal. The technique involves blasting off the tops of mountains and dumping the rubble into valleys and streams.

    The journalist who wrote this piece lets some unsupported talking points just slip by. First of all, coal does not solve the US dependence on “foreign oil”. Coal is used for electricity, oil is used for cars, there is little overlap. Secondly, he claims that mountaintop mining is safer. I guess it is safer because it is cheaper to ensure the safety of the miners above ground rather than underground. But, that does not make it inherently safer!

    For all the devastating effects of mountaintop removal mining, including death, water pollution, habitat destruction, flooding, landslides, read this grist article from 2006.

    The go-to site for activism relating to this issue is IloveMountains. Go see it!

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  • Au Revoir, Clean Water Act?

    Just like that, the Supreme Court chips away at one of the foundations of this country’s Environmental Law.
    Court Splits Over Wetlands Protections – New York Times

    By DAVID STOUT. WASHINGTON, June 19 — The Supreme Court set the stage for a re-examination of the 1972 Clean Water Act, as it narrowly ruled today in favor of two Michigan property owners who have sought to develop tracts designated as wetlands.

    By 5 to 4, the justices overturned lower court judgments against the Michigan land owners, who had run afoul of the Clean Water Act over their plans to build a shopping mall and condominiums.

    The ruling was not the resounding, unambiguous triumph that the land owners, John A. Rapanos and June Carabell, may have hoped for. Instead, five justices found that regulators may have gone too far in trying to thwart their plans, and it returned the case to lower courts for further deliberation. One of the five justices, Anthony M. Kennedy, even suggested in a separate opinion that the property owners might lose once again in the lower courts.

    I was very afraid when I last thought about this challenge way back in February. It was pretty clear at that point that Kennedy was the swing vote and that 8 out of 9 minds were probably made up. Kennedy’s lawmaking seems to be a little incoherent in this case. He was obviously not comfortable with the Scalia-Alito-Roberts-Thomas cabal’s clearly ideological decision, but can’t bring himself to make the centrist decision.

    But Justice Kennedy wrote that the evidence in the long-running Rapanos and Carabell cases suggests “the possible existence of a significant nexus,” or connection, between their properties and navigable waterways — a connection that, if established in the lower courts, would reaffirm the jurisdiction of the Clean Water Act over the tracts and could cause the property owners to lose again.

    If you thought that there was a “significant nexus”, what kind of logic would then make you turnaround and support the opinion that there is no connection?

    But Justice Scalia had a different perspective as he questioned the extent of federal jurisdiction. Under the government’s logic, he said, “a storm drain, even when not filled with water, is a tributary.”

    “I suggest it’s very absurd to call that ‘waters of the United States,’ ” Justice Scalia added. “It’s a drainage ditch.”

    Where Hon. Justice Scalia pretends to misunderstand the concept of drainage? I wonder if he would feel the same way if it was a pollution issue in his neighbor’s backyard.

    This will make things confusing for a while, and you all know who confusion favors!

  • BC's Election

    Is over and the centre-right Liberals won. Many in the traditional environmental movement are trumpeting it as a referendum on the BC Carbon Tax. I am not so sure. The so called people who were supposed to vote for the opposition left leaning NDP, but did not because of their (admittedly stupid) opposition to the “gas tax” also gave the Green Party their lowest share of the vote in the last few years. I am finding it hard to imagine a left leaning voter voting for the Liberals instead of the NDP, rather than throwing her vote on the Green Party.

    The truth is probably a lot simpler. Carole James of the NDP did not resonate with voters as an alternative for many reasons, poor campaign positioning, lack of vision, poor media coverage, etc. and in tough economic times, BC just made what it considered a safe choice.

    Of course, BC also made a “safe” choice and rejected a proportional representation system for the province. More will be known once any exit poll data is released, but a proposal which came within a couple of percentage points of passing in the last election failed roundly this time. There is early speculation that it was how the question was asked. I would have preferred a multi-party proportional system to reduce the stranglehold of the two major parties and get some Green Party representation in the legislature.

    Anyway, full speed ahead for BC’s puny Carbon Tax, which will go all the way to $30 a ton in a couple of years, let’s see what that does to compensate for The Liberal’s penchant for massive road building, offshore drilling ideas and “business friendly” privatization of the commons approach to governance.

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    Bush appoints fox to guard henhouse

    Apparently, the fact that the senate would not confirm this person does not matter much. Democracy is a quaint concept in this august country!

    Bush Recess Appointment Threatens Public Protections – Press Room – OMB Watch

    2007—President George W. Bush today installed Susan Dudley as White House regulatory czar through a recess appointment. Dudley will now serve in the White House Office of Management and Budget as administrator of the Office of Information and Regulatory Affairs (OIRA).

    OIRA is a powerful office responsible for reviewing and approving federal agencies’ most significant regulations. Installing Dudley threatens decades of public health and safety protections; doing so by recess appointment endangers our democratic process.

    “Dudley’s record is one of anti-regulatory extremism,” said Rick Melberth, Director of Regulatory Policy at OMB Watch. “She has opposed some of our nation’s most basic environmental, workplace safety and public health protections.”

    Dudley has falsely proclaimed ground-level ozone to be beneficial, opposed ergonomic standards to protect workers from repetitive stress disorders, and even suggested that airbags should never have been mandated in automobiles.

    The kinds of rollbacks Dudley may push forward could render useless valuable federal laws that have saved countless American lives. OMB Watch and Public Citizen documented Dudley’s anti-regulatory views in a September 2006 report, The Cost Is Too High: How Susan Dudley Threatens Public Protections.

    Dudley’s strong ties with the industries she will be regulating pose an obvious conflict of interest. For the three years before her nomination, Dudley directed the Regulatory Studies program at the Mercatus Center — an industry-funded, anti-regulatory think tank. It is likely that industry executives will have unprecedented access to Dudley, while concerned citizens will be increasingly shut out.

  • Pesticide Screening Using a CD Player and CDs.

    Who said CDs were dead, this is, hands down, the coolest paper on screening techniques I have seen in a while. I haven’t seen the rest of the paper, not Open Access, of course, but the abstract does make it sound cool.

    Microimmunoanalysis on Standard Compact Discs To Determine Low Abundant Compounds

    “High-density competitive indirect microimmunoassays were performed in both sides of compact discs by direct absorption of immunoreagents on polycarbonate surface, using gold- or enzyme-labeled immunoglobulins as tracers for displaying the immunoreaction. The operational principle is based on the use of a low-reflectivity compact disc as analytical platform that allows the reflection/transmission (30/70%) of the CD reader laser beam ( 780 nm). The reflected light is used to scan the disc track keeping it in movement. The transmitted light is detected by a planar photodiode integrated on the CD drive. The variation of the optical transmission of the light caused by the immunoreaction products is related to the sample concentration. As a proof of concept, low abundant compounds, commonly used as pesticides, were detected in a 60-min total assay time, with a limit of detection ranging from 0.02 to 0.62 ug/L for 2,4,5-TP, chlorpyriphos, and metolachlor. The obtained results show the enormous prospective of compact discs in combination with CD players for multiresidue and drug discovery applications.”

    Why are techniques like these important in the world of environmental analysis? Because they change the paradigm from laboratory based techniques to field based analysis. You don’t have to take a bunch of samples, spend a lot of time and money shipping them to a lab and waiting for the results. You can pop your samples into a CD player and one hour later (less than a 74 minute listening time on a CD!), you’ll have results.

    Awesome stuff, I’d love to see it in action, or even try to replicate the work. It looks like you have to make some modifications to the player to make it work, but hey, there are millions of CD players that are going to be obsoleted in the next few years.

  • Conflicts of Interest in Bisphenol A Decision Making

    I have written about bisphenol A recently. It’s a chemical found in polycarbonate plastics that has been linked with some crazy effects in mice at ambient levels including disruption of oogenesis (egg production) and effects two generations removed (grandmother effects).

    Public health agency linked to chemical industry – Los Angeles Times

    For nearly a decade, a federal agency has been responsible for assessing the dangers that chemicals pose to reproductive health. But much of the agency’s work has been conducted by a private consulting company that has close ties to the chemical industry, including manufacturers of a compound in plastics that has been linked to reproductive damage.

    In 1998, the Center for the Evaluation of Risks to Human Reproduction was established within the National Institutes of Health to assess the dangers of chemicals and help determine which ones should be regulated. Sciences International, an Alexandria, Va., consulting firm that has been funded by more than 50 industrial companies, has played a key role in the center’s activities, reviewing the risks of chemicals, preparing reports, and helping select members of its scientific review panel and setting their agendas, according to government and company documents.

    This kind of work is too important to be left to contractors like Sciences International (however good they may be), which also has contracts with companies that manufacture and market products containing Bisphenol A. It’s very simple, most companies, for profit entities and even non-profits dependent on funding sources tend to maximize short term gain over long term good. While the political arm of the government does that as well, the institutions stable enough to do reliable work on policy issues that affect our long term well being are few in number. Government run research with stable funding, good employees and good management will do this work well, it’s a good match between the nature of the work and the nature of the organizations.

    The ever excellent Pump Handle has more, I read their post as I was writing this one and so, nothing more to say, really, except, remember Children of Men! Fertility is not to be toyed with, any chemical that has the ability to affect egg production two generations down needs to be handled with care.