Global warming wins the Nobel peace price

Smell manure?

FEED – May 2006

Congress may exempt factory farms from pollution laws Large agribusiness companies are pushing their friends in Congress to exempt factory farms from the pollution reporting and cleanup provisions in key pollution laws. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also known as Superfund) and the Emergency Planning and Community Right to Know Act (EPCRA) provide an essential safety net for protecting water supplies from livestock pollution and for providing warnings of toxic air emissions from factory farms. Over 140 representatives are supporting a bill, H.R. 4341, that would give this sweetheart deal to factory farms. The bill may soon be attached to a “must-pass” spending bill in an effort to speed this ill-conceived measure through Congress. Please call your representative and urge him or her to oppose this dangerous legislation. To learn more, read the Sierra Club’s fact sheet (pdf) on this issue.

Factory farms tend to be located in rural areas next to communities that do not have the power to stop them/mobilize against them. This provision will further stack the deck against these communities. Anyone who thinks manure, pesticide runoff, ammonia, etc are not hazardous to the ecosystem and to human health needs to live next to one of these “farms”. I am hazarding a really wild guess that Congressman Hall (the sponsor) does not have to deal with issues such as these.

House mulls bill on food label removal – Boston.com:

“This bill would strip state governments of the ability to protect their residents through state laws and regulations relating to the safety of food and food packaging,” the attorneys general wrote.

The obvious target, they said, is California’s Proposition 65, a law passed by voters requiring companies to warn the public of potentially dangerous toxins in food. The law has prompted California to file lawsuits seeking an array of warnings, including the mercury content in canned tuna and the presence of lead in Mexican candy.

Prop 65 is a California Law that requires the state of California to “publish, at least annually, a list of chemicals known to the state to cause cancer or reproductive toxicity” and for businesses to post warning labels. Well naturally, it kinda depresses sales of canned tuna if you have mercury warnings on the labels, mmm, lead in my candy, so delicious…

This is obviously not good for the consumer, I undestand that businesses feel the burden of extra labeling, depressed sales, etc, but why should the onus always be on the consumer? If the assumption that it is the consumer’s responsibility to find out that there is mercury in his/her tuna and that the informed consumer will make informed choices, why not make it easier on the consumer to find out and then rely on him/her to make that choice? What are the companies afraid of, exactly?

Update 4:24 PM 3-3-2006

More here,  here and here

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!

Excellent article in today’s Washington Post

A Dated Carbon Approach

You can even cut carbon using no technology whatever. Mexico City has reduced its output of carbon dioxide by almost 55,000 tons a year by opening one efficient bus route; the key innovation here was the creation of two bus lanes. The new buses run on diesel — not exactly a technological breakthrough. But because they are rapid and frequent, the buses have brought car use down and reduced emissions. So what matters is not just the technologies we have but the incentives to deploy them. The average Western European uses half as much energy as the average American, and that’s not because there’s more technology in Europe. Rather, Europeans have embraced anti-carbon policies ranging from gas taxes to emissions caps, from an absence of extravagant mortgage subsidies that encourage super-size homes to congestion charges for drivers in London and Stockholm.

Sing it, Cap’n Obvious, actually, it is not obvious to a lot of people. Politicians love “research” because they can turn around and say that they are doing something about a problem when all they are doing is postponing the discussion by calling for “new technology” to fix the problem. Scientists like this as well because this means money in their pocket. Research groups, be they in universities or in government institutes, perpetuate themselves by getting more funding to do more research, which leads to getting more funding to do more research while keeping an army of post docs, grad students, research assistants and professors gainfully employed. It’s kinda like reproduction, only less fun! It is a good system and a lot of good work gets done, but for a lot of questions, the answers are already there.

Policy level decisions require that clear cut choices be made, while they are NOT zero sum games, there are winners and losers in most of the decisions, and this current incarnation of politicians do not seem to want to make these kinds of decisions unless the winners are big companies (energy, pharma, healthcare, etc), rich people (tax cuts, etc.) or war.