Posts tagged law.

Gas Association busted for falsifying signatures on a petition. Surprised? ›

Gas drillers were caught lying to public officials. About 66% of the signatures were falsified. Company blames a PR firm, which, it seems, specializes in fudging petitions.

The drillers used the petition to lobby a local government in Colorado to pass fracking laws. Shit is fracked up and bullshit.

Pro-fracking petition with fake signatures embarrasses gas association

A full two-thirds of those denied signing or endorsing a petition opposing a ban on fracking in Fort Collins. Not only was the petition a big fat lie, it was a laughably amateur effort to deceive the city’s lawmakers. From the Coloradoan:

Cali Rastrelli’s name is signed at the bottom of a petition submitted to the council. At the top, the petition says in bold letters, “Vote NO on the Fort Collins fracking ban.”

“Big Bill Pizza” is written in the blank where the signer could enter their business or organization.

“I haven’t signed any petition in the last month,” said Rastrelli, a Colorado State University student who lives in student housing. “I didn’t put my name on this.”

By the end of last week, the association was acknowledging that “mistakes were made.” A subsequent internal audit “identified numerous areas for improvement.” Now association officials are trying to retract the petition. And they are failing.
More at Grist
  02/26/13 at 02:44pm

10 Questions the Press Should Ask Politicians About Climate Science: ›

Donald Brown, scholar of climate ethics, blames the press for not challenging politicians to explain their stance on climate change. He’s formulated 10 questions that journalists and the public should ask (which, imo, should be edited down for brevity…).

1. What specific scientific references and sources do you rely upon to conclude that there is a reasonable scientific dispute about whether human actions are causing dangerous climate change?

2. Are you aware that the United States Academy of Sciences and almost all respected scientific organizations whose membership includes scientists  with expertise relevant to climate change science support the scientific consensus view that holds has that the planet is warming, that the warming is mostly human caused, and that harsh impacts from warming are very likely under business-as-usual?

3.  On what basis do you disregard the conclusions that humans are causing dangerous climate change held by the United States Academy of Sciences, over a hundred scientific organizations whose membership includes experts with expertise relevant to the science of climate change, and 97 percent of scientists who actually do peer-reviewed research on climate change?

4. When you claim that the United States need not adopt climate change policies because adverse climate change impacts have not yet been proven, are you claiming that climate change skeptics have proven that human-induced climate change will not create adverse impacts on human health and the ecological systems of others on which their life often depends and if so what is that proof?

5. When you claim that the United States should not adopt climate change policies because there is scientific uncertainty about adverse climate change impacts, are you arguing that no action of climate change should be taken until all scientific uncertainties are resolved given that waiting to resolve all scientific uncertainties before action is taken will very likely make it too late to prevent dangerous human-induced climate change harms according to the consensus view?

Read the rest at, Ethics and Climate.

It’s Climate Science Communications Week at Climate Adaptation!   For the entire week of Feb. 18 - 23, I’ll cover how climate change is discussed by the media, scientists, researchers, academics, and politicians. If you have sources or ideas on communicating climate change, send to: http://climateadaptation.tumblr.com/submit

  02/19/13 at 09:19pm

Congress re-boots on climate, Pt. 1: Senate climate science briefing ›

More movement in Congress on Climate Change. Sunday I posted about the new 22 member “Safe Climate Caucus,” who have vowed to discuss climate impacts and solutions every time congress is in session.

Signs of activity as the ‘climate silence’ from the President and Congress come to an end: On February 13 Senate Environment Committee chair Barbara Boxer (D-CA) held a “Briefing on the Latest Climate Science” featuring scientists Jim McCarthy, Don Wuebbles, J. Marshall Shepherd, and John Balbus. Seven Democratic members of the committee in attendance; all Republican members appeared to be AWOL.

An archived webcast of the briefing is posted on the Environment and Public Works Committee’s website (the briefing starts at 12:30 of the webcast), along with written testimony by:

• Dr. James J. McCarthy, Professor of Biological Oceanography, Harvard University; leader of the IPCC Third Assessment Report (2001) on global climate change impacts and vulnerabilities.

• Dr. Donald J. Wuebbles, Professor of Atmospheric Science, University of Illinois.

• Dr. J. Marshall Shepherd, President of the American Meteorological Society and Director for Program in Atmospheric Sciences, University of Georgia.

• Dr. John M. Balbus, Senior Advisor for Public Health, National Institute of Environmental Health Sciences.

Each of the presenters gave a concise state-of-the-science overview for Senators and staff, followed by a substantial question-and-answer period.

Via Climate Science Watch

  02/19/13 at 01:14pm

Go Boston! Boston prepares for climate change effects ›

This is what climate adaptation looks like. Partnerships between cities (for the zoning and permits), residents (to protect their property), universities (for the climate science), and private sector (engineering and construction expertize).

Many properties in Boston may have to waterproof their buildings – raising critical electrical systems to higher levels or building barriers against storm surges — as sea levels rise from climate change.

The city is stepping up a campaign to prepare buildings for rising seas that could significantly flood neighborhoods during storms.

The public-private plan comes at the same time a Boston Harbor Association report spotlights high-risk areas, such as Long Wharf and University of Massachusetts Boston, and outlines how property owners can best protect themselves from water.

Hurricane Sandy and last week’s massive snowstorm have added new urgency to the issue, city officials say. This “will help make our waterfront and the rest of Boston better prepared to handle future storms and get the city back in business as quickly as possible,” Mayor Thomas Menino said.

In the next six months, the Boston Conservation Commission will develop new flood-plain maps to take in to account future storm surges atop higher sea levels. A wetlands ordinance will also help guide property owners to prepare for higher sea levels, said Brian Swett, chief of Environment and Energy for the city.

Via Boston Globe

  02/19/13 at 08:00am

Do politicians have an ethical obligation to tell the truth in climate change? Government officials have been told by the most prominent, well respected scientists in the world. Donald Brown attempts to push the press and media to ask politicians 10 specific questions.

This video explains why politicians may not ethically rely upon their own uninformed opinion about climate change science as justification for failing to support policies that reduce the threat of climate change. It also argues that the press should ask politicians questions about their opinions about climate change science. Via Donald Brown, scholar of Ethics and Climate.

It’s Climate Science Communications Week at Climate Adaptation!  For the entire week of Feb. 18 - 23, I’ll cover how climate change is discussed by the media, scientists, researchers, academics, and politicians. If you have sources or ideas on communicating climate change, send to: http://climateadaptation.tumblr.com/submit

  02/18/13 at 11:12am

SOTU: what to expect on climate change ›

Good read, but nothing on adaptation:

President Obama is expected to launch a serious second-term push on climate change with his State of the Union address.

With climate legislation dead in Congress, green groups are hopeful that Obama will follow the “we must act” mantra of his inaugural address and put the full weight of his executive powers behind their agenda.

 “The problem is very pressing, and so the sooner we have policy proposals in front of us, the better.”

Obama has already signaled his willingness to use his executive powers forcefully, laying out a series of executive orders on gun control in addition to calling for legislation.

 On climate, the White House took some steps with executive powers in the first term, and that’s expected to be the primary second-term focus.

“If he were to just repeat what he said in the [second] inaugural address, that would be considered a missed opportunity, but I don’t believe he will. I believe he will be more specific about what he is going to do,” said one climate advocate.

Liberals in Congress have urged the president to go big on climate as well.

“From a planetary point of view there is no issue more important than climate change, and the president has to be as bold and specific as he possibly can,” Sen. Bernie Sanders (I-Vt.) told reporters on the eve of Obama’s address.

At the very top of advocates’ wish list is a commitment to setting carbon emissions standards for existing coal-fired power plants. A move in that direction would begin an all-out war with coal-based power companies and some other industry sectors that say there would be huge economic costs from increased regulation. 

Obama, without Congress, can also expand on his first-term actions to boost Defense Department green energy programs and development alternative energy on public lands, among other steps.

No matter what steps Obama takes, environmentalists say the president needs to use the bully pulpit to rally public support. 

Also,

  02/12/13 at 08:19pm

Girls Lead in Science Exam, but Not in the United States ›

Well worth clicking through to see the chart. Long-time readers know that I strongly believe more girls need to enter both urban planning and the climate sciences. This embarrassing article re-confirms what we already know, but times are changing.

There were more young women than men in my programs at Vermont Law and UMass-Amherst, so hopefully these stats will start to break down in the coming years.

Researchers have been searching for ways to explain why there are so many more men than women in the top ranks of science.

Now comes an intriguing clue, in the form of a test given in 65 developed countries by the Organization for Economic Cooperation and Development. It finds that among a representative sample of 15-year-olds around the world, girls generally outperform boys in science — but not in the United States.

What explains the gap? Andreas Schleicher, who oversees the tests for the O.E.C.D., says different countries offer different incentives for learning science and math. In the United States, he said, boys are more likely than girls to “see science as something that affects their life.”

Then there is the “stereotype threat.”

Via NYTimes.

H/T thegreatlakelife

Climate change refugees lack legal protection ›

Currently, climate change refugees have few rights. While international law provides protection for political refugees, climate and environmental refugees are inadequately covered. If they are taken in by a neighboring country, the support that they are supposed to receive is unclear.

Developing adaptation strategies

Still, the international community has been able to agree that countries, especially in the southern hemisphere, have to adapt to climate change and protect themselves against natural disasters. In 2011, a Green Climate Fund was set up at the UN Climate Conference in Durban, South Africa, to help countries adapt to climate change. The fund was provided with 30 billion euros ($40 billion) of initial capital, which is now set to be increased to 100 billion euros ($134 billion) by 2020.

Via DW

  02/01/13 at 12:01pm

Death rate per watts, Nuclear, Oil, Coal. Classic chart exposes cognitive dissonance, and persistent self-denial…

Do you have an opinion about nuclear power? About the relative safety of one form of power over another? How did you come to this opinion?

Here are the stats. For every person killed by nuclear power generation, 4,000 die due to coal, adjusted for the same amount of power produced.

Vivid is not the same as true. It’s far easier to amplify sudden and horrible outcomes than it is to talk about the slow, grinding reality of day to day strife. That’s just human nature. Not included in this chart are deaths due to global political instability involving oil fields, deaths from coastal flooding and deaths due to environmental impacts yet unmeasured, all of which skew it even more if you think about it.

This chart unsettles a lot of people, because there must be something wrong with it. Further proof of how easy it is to fear the unknown and accept what we’ve got.

Via Seth Godin

Update: Nuclear waste is not an issue.

Update II: The reblog comments are incredible. Not one acknowledged or seems to have read the post. Nor, it seems, has a single reader clicked through to read the original post. Only one commenter, that I could tell, attempted to discuss the underlying facts. Instead, there were mostly “But” type replies that repeat the very myths this chart aims to debunk. What an incredible experience from my point of view, and a major lesson learned…

  02/01/13 at 10:00am

Shareholders and their environmental liability ›

A group of European researchers say shareholders should be held liable for the environmental damage caused by the companies they invest in. Researchers at the International Institute for Applied Systems Analysis, a Vienna-based think-tank, say increasing shareholder liability could force investors to consider better energy technologies and infrastructure.

Good read via DW.de.

  01/31/13 at 03:56pm

Father of Newtown victim heckled at hearing ›

Vile.

But why did I post this?

There’s an interesting section in this article, one that environmentalists can readily relate to, and that’s the “jobs defense.”

The Jobs Defense is a common response by businesses that fear new regulation. For those that know a bit of environmental and economic history, this defense been used effectively for centuries to tamp down protest, influence politicians, and garner public support.

The Jobs Defense was used to defend from regulating slavery, child labor, the right to vote, organize unions, pass environmental regulations, and myriad other policies that benefit you today.

In this case, a public meeting was called to democratically discuss how to prevent slaughtering children (dramatic, but that’s the language we’re using up here in New England regarding the Newtown, Ct mass shooting). True, the headline is about some brainless bullies who heckled a dad who lost his 6 year old boy.

But to me, the interesting aspect of this is that the journalist sort of dances around the examining the Jobs Defense.

A gun manufacturer is quoted in the article that his company, “(Pumps) tens of millions of dollars each year into the Connecticut economy.” The journalist does mention that gun manufacturers offered no solutions at the meeting. But the Jobs Defense went unchallenged.

There was no discussion or questioning that his product causes deaths.* There’s no discussion of why “tens of millions of dollars” is a reasonable response to the death of Americans. Isn’t that curious? That we all accept that the Jobs Defense is a so legitimate that it gets a free pass?

Barack Obama uses the Jobs Defense, too. In fact, it’s a primary driver of getting the Keystone XL Pipeline approved - jobs. Indeed, there are thousands of articles discussing jobs in relation to building the oil pipeline, have a look.

None of them, that I found, examined the benefits of environmental protection over the few jobs that the line will create. It’s true that some have examined the claim that the line will create a certain number of jobs. No one can say clearly if the line will create 500 jobs or 20,000.

But this still doesn’t examine the facile and rather weak argument that jobs should be a primary motivation versus incredibly beneficial, American alternatives. From my point of view, the Jobs Defense must be examined. Should jobs be held in reverence over human health? If so, why?

*For those who wish to throw the “What about knives!” trope at me, I’d point out that knives are highly regulated, perhaps more so than guns.
You can’t pass into many buildings with a knife, bring one on a plane, travel with one in a vehicle in certain states, nor legally carry a concealed knife in many communities. The size of certain knives are regulated. And types of knives are regulated, such as butterfly and other spring loaded knives.
You cannot cross a border with a knife, per international and domestic law. And police officers confiscate knives as a matter of routine (some law enforcement agencies confiscate so many knives that they auction them to generate money). And, of course, if you wield a knife, citizens and cops are authorized and protected by countless laws to shoot you.
Note, further, that environmental regulations protect you from these rather benign utensils. Manufacturers are prevented from using certain chemicals and metals that poison your body, like lead and mercury.
In any case, this trope is a whiny and weak diversion, a fallacious straw man that keeps the gun advocate from taking personal responsibility for contributing to actual harms and deaths to their fellow Americans.
That’s what regulation looks like. Thousands of knife laws were passed to protect people from harm. And gun laws aim to do the same. There’s no legitimate reason to limit gun laws, especially not the Jobs Defense.
  01/28/13 at 06:08pm

How to procrastinate writing a book review, in five reliable steps.

Step one: Stare at the ceiling and think about the title of this blog post.
Step two: Open refrigerator to check the status of peanut butter and old hummus.
Step three: Reply to tumblr msgs from 6 months ago.
Step four: Think about how not to run out of steps.
Step five: GAH!! Outta steps.
Step six: Whew!
Step seven: Eat peanut butter. Bread. Honey. Chips. Milk.
Step eight: Catch up on Planet Money Podcasts.
Step nine: Is it too late to vacuum? Yes.
Step ten: Should I sell all of my books on half.com because everyone has a tablet?
Step eleven: Nah, books are sexy.
Step twelve: Maybe take pictures of bane-of-all-my-existences-book with camera I never learned how to use.
Step thirteen: Vow on bended knee to learn how to use fancy camera.
Step fourteen: Open freezer to confirm lack of ice cream.
Step fifteen: Fine. Open book.
Step sixteen: Charge camera battery.
Step eighteen: Eat chips. 
Step nineteen: Did I spell “nineteen” correctly?
Step twenty: Wonder why bane-book is so heavy.
Step twenty one: Is it “twenty one” or “twentyone”? Huh. It’s two words…
Step twenty two: Fine. Admit the battery didn’t need a charge.
Step twenty three: Take pictures and gasp at book’s ridiculous size.
Step twenty four: Think of renegotiating agreement.
Step twenty five: Watch Call of Duty 2 walkthroughs parts I, II, II and IV. 22 minutes each.
Step twenty six: Measure book and gasp at its size.
Step twenty seven: Max out on sets of push-ups and sit-ups. Oh hell, squats, too.
Step twenty eight: Why is this book so friggin big!? Gasp at TOC. 850+ pages!
Step twenty nine: Spell check these procrastination steps.
Step thirty: Contemplate who will read this post and speculate who will ask me questions.
Step thirty one: Check gmail, biz email, linkedin, about.me, airbnb, and facebook for new msgs.
Step thirty two: Reliably confirm that facebook does not increase my happiness quotient.
Step thirty three: Maybe the book is bigger than my Constitutional Law book?
Step thirty four: Nope.
Step thirty five: Discover a task! Edit my mailing address out of the pictures of the bane-of-all-my-existences-book.
Step thirty six: Surf Gap.com’s Winter Sale and fill shopping cart with items I have no intention of purchasing. Close tab with slight pang of guilt. Maybe I should call my permanent-friend-zone lady friend to go to the outlets for proper fit?
Step thirty seven: I have to buy a new bottle of windex.
Step thirty eight: Send txts to that other, nicer, non-friend-zone young woman…
Step thirty nine: Open desk drawer. Confirm pencils, watch, broken ipod, and chapstick are still there.
Step forty: Affirmative.
Step forty one: Post this post and wonder if I TMI’d…

  01/23/13 at 10:13pm

As I am about to spell out, the funders, experts, professional environmentalists, and cooperative business leaders who labored during the 2000s to prepare the way for a legislative push for cap and trade when a friendly president and Congress took office were not noticing the overall shifts in American politics that would make their insider-bargaining effort virtually impossible to pull off.

From the report, “NAMING THE PROBLEM What It Will Take to Counter Extremism and Engage Americans in the Fight against Global Warming” written by Harvard political professor Theda Skocpol. Her new climate change report can be read, here(PDF). The report documents and analyzes the recent history the U.S.’s failure to adopt a federal climate policy. I haven’t read it yet, but I’ll form an opinion in a bit. However, the climate investigators at Desmogblog. are reporting Skocpol’s report lays the foundation for a solution and a way forward. I’ll check it out and get back to y’all…
  01/17/13 at 02:05pm via desmogblog.com

Houses of Worship Seeking FEMA Grants Face Constitutional Barrier.

Hurricane Sandy flooded and battered St. George Malankara Orthodox Church of India in New Dorp, Staten Island, ruining its basement, windows and doors. Yet, when its vicar contacted the Federal Emergency Management Agency to ask for a grant to help with the estimated $150,000 rebuilding cost, he said he got a clear answer: No.

“FEMA said that they considered the church a business, so they offered us a loan,” the Rev. Alex K. Joy said in an interview about a month after the storm. “But we don’t want a loan. We have 400 members, 90 families. In this situation, we need some assistance.”

A broad range of private nonprofit organizations qualify for federal disaster assistance grants, including zoos, museums, performing arts centers and libraries. Houses of worship, however, are not on the list, even though in recent years the federal government has ruled that some religiously affiliated institutions like schools and hospitals can get grants.

An effort is under way to change that, led by several Jewish organizations, including the Union of Orthodox Jewish Congregations of America and the American Jewish Committee. Last month, Senator Joseph I. Lieberman, independent of Connecticut, introduced an amendment to the multibillion-dollar Hurricane Sandy recovery appropriations bill that would explicitly place houses of worship on the list of qualified organizations. But because of an unrelated bipartisan deal meant to ease the bill’s passage, that amendment was locked out of consideration.

Mr. Lieberman’s tenure in the Senate ended this week, but Nathan Diament, the executive director of public policy for the Institute for Public Affairs at the Orthodox Union, said he was continuing to work with other lawmakers to add the amendment to the bill before it came again before Congress.

“Houses of worship should not be discriminated against and excluded from getting assistance on the same terms as other eligible nonprofits,” he said.

Mr. Diament has also been meeting with officials from the Homeland Security Department and other federal agencies to see if the change can be made without legislative action. FEMA regulations are silent on the matter of houses of worship, so a bureaucratic decision may be all that is required, he added.

Yet the issue is controversial, because the constitutional separation of church and state generally bans the use of tax money to build religious institutions. Dena Sher, legislative counsel for the American Civil Liberties Union, said the organization had “serious concerns” about the effort to change the policy and was monitoring the situation.

“To rebuild houses of worship is a form of compelled support for religion, which is exactly what the First Amendment is designed to protect against,” Ms. Sher said. “We understand and identify with the serious difficulties everyone is facing, but we can’t let this misfortune be used as a premise to erode these bedrock principles.”

Via The New York Times

I should also note, the very interesting and oft-forgotten Treaty of Tripoli, signed in 1797 between the US and several Muslim countries that had for centuries routinely pirated the Mediterranean. The U.S. ratified the treaty, stating in Article 11:

As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.

A lot has changed since then with respect to the intent of separation of church and state. Several federal laws have been enacted that specifically favor religious institutions over other institutions (see RLUIPA, for one mind-blowing example).

These federal laws are burdensome to local communities, and are actively being litigated. They provide religious organizations wide latitude to build church-related buildings on any plot of land in the U.S. regardless of local law (in sum). It’s much more complicated than this, and not suitable for a tumblr post.

So, while cities and towns regulate their land uses in nearly every respect, religious organizations are ostensibly immune from local regulations, such as zoning and some local environmental regulations.

So the question of federal funds is interesting: Should federal funds be used to bail out religious institutions above other non-profits? Why wouldn’t these organizations look to the free market or local communities they serve? It is very interesting to think that FEMA could be forced to reconcile the intent of the founders and the clear meaning of the Constitution with modern day political whims.

  01/15/13 at 06:28pm

Adaptation Win! Maryland Gov. Signs Order to Help State Prep for Climate Change/Extreme Weather ›

Climate adaptation is law in the state of Maryland. Infrastructure projects must include climate analysis.
On December 28th, Maryland Governor Martin O’Malley signed the Climate Change and Coast Smart Construction Executive Order (EO), a landmark initiative to increase the State’s long term resiliency to storm related flooding and sea level rise. The Executive Order directs all State agencies to consider the risk of coastal flooding and sea level rise when designing capital budget projects.
It also charges the Department of General Services with updating its architecture and engineering guidelines to require that new and rebuilt State structures be elevated two or more feet above the 100-year base flood level.
The Executive Order also allows the Maryland Department of Natural Resources to:
  • work with the Maryland Commission on Climate Change, local governments and other parties as appropriate;
  • develop additional Coast Smart guidelines within nine months for the siting and construction of new and rebuilt State structures;
  • and improve vulnerable infrastructure such as roads, bridges, sewer and water systems, and other essential public utilities. 
Recommendations for applying the new construction guidelines to non-state infrastructure projects that are partially or fully funded in the State’s capital budget will also be developed.
Additionally, the Executive Order tasks the Scientific and Technical Working Group of the Maryland Commission on Climate Change with providing updated sea level rise projections for Maryland.
For more information on Maryland’s climate change adaptation efforts, visit: http://www.dnr.maryland.gov/climatechange/.

  01/14/13 at 10:00am