PA: Urgent Actions Thursday, but Don't Wimp Out

A bunch of people, including me, tried to get the word out to muster opposition to a heinous bill foisted hastily upon the Pennsylvania public and environment by the gas industry in collusion with its political cronies (and mainstream media).

But Governor Corbett signed the bill, HB1950 (attached as a Word document), almost the minute it hit his desk yesterday. The bill is purported to be about taxes on the gas industry, but it holds some very disturbing, precedent-setting language that bolsters the gas industry's exemptions from oversight and its lack of liability for harms it causes. The mere passage of such a bill should send chills down your spine, whether you live in Pennsylvania, in a downstream state (NJ, DE, MD, DC, VA, WV), a neighboring state (NY, OH), or a little farther away, because air and water know no state lines.

Just read this short section, buried on page 98 (my bold):

(10)  A vendor, service company or operator shall identify the specific identity and amount of any chemicals claimed to be a trade secret or confidential proprietary information to any health professional who requests the information in writing if the health professional executes a confidentiality agreement and provides a written statement of need for the information indicating all of the following:

(i)  The information is needed for the purpose of diagnosis or treatment of an individual.

(ii)  The individual being diagnosed or treated may have been exposed to a hazardous chemical.

(iii)  Knowledge of information will assist in the diagnosis or treatment of an individual.

(11)  If a health professional determines that a medical emergency exists and the specific identity and amount of any chemicals claimed to be a trade secret or confidential proprietary information are necessary for emergency treatment, the vendor, service provider or operator shall immediately disclose the information to the health professional upon a verbal acknowledgment by the health professional that the information may not be used for purposes other than the health needs asserted and that the health professional shall maintain the information as confidential. The vendor, service provider or operator may request, and the health professional shall provide upon request, a written statement of need and a confidentiality agreement from the health professional as soon as circumstances permit, in conformance with regulations promulgated under this chapter.

(c)  Disclosures not required.‑‑Notwithstanding any other provision of this chapter, a vendor, service provider or operator shall not be required to do any of the following:

(1)  Disclose chemicals that are not disclosed to it by the manufacturer, vendor or service provider.

(2)  Disclose chemicals that were not intentionally added to the stimulation fluid.

(3)  Disclose chemicals that occur incidentally or are otherwise unintentionally present in trace amounts, may be the incidental result of a chemical reaction or chemical process or may be constituents of naturally occurring materials that become part of a stimulation fluid.

(d)  Trade secrets and confidential proprietary information.‑‑

(1)  Notwithstanding any other provision of this chapter, a vendor, service company or operator shall not be required to disclose trade secrets or confidential proprietary information to the chemical disclosure registry.

There's more; fracking can now legally occur near residences, and there are fewer restrictions than ever.

Delaware Riverkeeper is planning a day of resistance in several towns THIS THURSDAY, February 16. Please join. This cannot be permitted to stand. 

Delaware Riverkeeper's call to action is way too mild, though. 

Shouting "Shame on you" at people who have no shame is a waste of breath. Don't be fooled into thinking that such wimpy action will affect anything.

Instead, vow to learn and use "nonviolent direct action" -- what I call creative peaceful resistance (CPR), a term that is very appropriate in this life-or-death situation.

We need to tell these "legislators" that we will actively work to remove them from office, and some citizens and attorneys have to start figuring out how to remove this abomination as soon as possible from Pennsylvania law -- to recall it, rescind it, override it, throw it out, replace it with a law that actually protects people and nature rather than lining the pockets of a few crooks. And do some research and find the laws these crooks are already breaking -- they surely are committing crimes in standing Pennsylvania law, and if they're not, Pennsylvania needs a new law that makes fracking -- and the poisoning of people and the environment on which they depend for survival -- a crime. A growing number of New Yorkers support the draft of a law that makes fracking a crime, introduced by FrackBusters NY and Sovereign People's Action Network (full disclosure: I contributed to its writing); Pennsylvanians should waste no time in drafting their own.

It's especially urgent that all physicians and health professionals commit what I call CIVIL DEFIANCE (not "disobedience," because that would assume these creeps deserve our obeisance for some reason) and refuse to abide by this immoral, disgraceful "law." 

---------------

The following is from Delaware Riverkeeper Network.

Protest HB1950 and the Takeover of Municipalities by Gas Development.

Three “lunch hour” protests being held at offices of elected representatives who voted for HB1950, selling us out to the gas industry. Please go to the one nearest you!

Thursday, February 16
Noon to 1:00 pm – Near Senator McIlhinney'sOffice (215-489-5000): North Main and Court Sts., Doylestown, PA 18901

Noon to 1:00 pm -- Sen. Ted Erickson’s office, 5037 Township Line Rd., Drexel Hill, PA (noon to 1pm on Thursday)

11:30 am -- Sen. Tim Solobay’s office, 68 E. Pike St. Canonsburg (at the Canonsburg Borough Bldg.)

WE NEED YOU THERE: Please come join your fellow constituents to express your outrage and disappointment that the PA Legislature has now made HB1950 into law. This so-called "Impact Fee" law has gutted municipal controls of gas drilling and related operations by preempting municipal zoning, forcing municipalities to allow gas wells, frack waste pits, pipelines, and other gas-related operations anywhere in a municipality, even residential neighborhoods, next to schools and day care centers, reservoirs and parks. This complete takeover of municipal rights by the State and drilling interests was approved by a majority of the PA Legislature.

We’ve targeted a few elected representatives who voted for the Bill, some who pledged to vote against it like Senators McIlhinney and Erickson, to feel the heat of the public’s shock and disapproval. This travesty must be protested--join us to tell those who voted for this devastating law "Shame on you for selling us out to the gas industry!" Other events will follow wherever constituents want to speak up; please try to take your lunch hour with us at one of these protests on Thursday.

Please make and bring along signs to express your concerns: "Shame on you Sen ______", "PA Leg has sold our rights to drillers", "HB 1950 takes away rights", "polluters/frackers get free pass", etc.

Please also write a letter to your Representative - share your concerns with those who voted for this bad law and thank those who stood up for you and clean water and air: http://www.delawareriverkeeper...

You can see how your PA legislator voted here:
Senate roll call --- http://www.legis.state.pa.us/C...
House roll call --- http://www.legis.state.pa.us/C...

Industry Colludes with Pennsylvania Legislature

Pennsylvania's state legislature has effectively signed a death warrant for some number of residents, who knows how many. Corbett’s about to make it official. Pennsylvanians: Fight back — or suffer the consequences.

The fracking industry has written a bill that gives itself legal permission to poison Pennsylvanians—and keeps doctors who treat them once they’re poisoned from telling anyone else what poisoned them. The bill also essentially permits all gas drilling and processing activities anywhere, including in residential areas.

It’s all being sold as an “impact fee” bill. Counties that want the income will sign on — and that probably means most counties will.

The industry was helped in this covert operation by crooks in political office. Those political criminals should be held accountable (more on this below).

The 174-page bill, HB1950, was signed in both the House and Senate of the state’s General Assembly, and on Friday (2/10/12) the Senate passed it to  Pennsylvania governor Tom Corbett for signature.

This is yet the latest egregious example of industry-state denial of municipalities’ right to protect themselves. I’m not being hyperbolic when I say that this is the legal permitting of murder — and legalization of coerced suicide.

There can be no question that the legislators who signed it are in collusion with industry. They are corrupt. There can be no other explanation. These people have an obligation to protect the citizens of Pennsylvania, and not only are they not doing so, but they are also denying citizens the right to protect themselves—and denying physicians and nurses the ability to protect their patients!

And if this outrage does not get Pennsylvanians (and everyone) out in the streets, in Harrisburg at the governor's mansion demanding a veto, and at the offices of state legislators, demanding a reversal of the bill’s passage, I do not know what will.

As Berks-Mont News reported on January 25, Pennsylvania municipalities currently do “have the legal right to decide where and how gas development occurs. Both the Municipalities Planning Code and the State Constitution vest municipalities with the authority and responsibility to address local environmental and public resources. State Supreme Court rulings have also made it clear that the state Oil and Gas Act allows municipalities the right to use zoning codes to restrict the location of gas wells.”

This law negates those rights and completely strips communities of their rights to self govern. This is a blatant abrogation of the United States constitution and all the hackneyed assertions that We the People have any say any longer in crafting U.S. law. 

The Guilty Parties

The bill’s primary sponsor in the House (Assembly) was Brian Ellis (R-District 11). The 19 cosponsors included Samuel H. Smith (R-66), Mike Turzai (R-28), Stan Saylor (R-94), and Dave Reed (R-62). But take special note of the three Democrats who cosponsored: Ken Smith (D-112), Marc J. Gergely (D-35), and Paul Costa (D-34). (Contact info for some of them is below, but I hope someone will take the time to create an easy-to-navigate, easy-click way to call these creeps out all at once; I don’t have the time or technical expertise.)

If Corbett signs this bill into law, he will simply confirm what anybody who’s been paying attention already knows: He cares not for the people or future of his state.

If Corbett signs, Pennsylvania activists can kiss goodbye all the tens of thousands of hours of hard work done by countless volunteers working to stop fracking from further devastating their state, which until the recent arrival of this industry was quite beautiful and relatively unpolluted. All those hours spent in researching all aspects of fracking, from public health to physics, from environment to economics; in planning forums and community meetings; educating legislators; debunking industry lies; investigating and challenging  unscrupulous politicians; exposing corrupt NGOs (“Big Greens”); going door-to-door talking to neighbors; writing local laws to protect communities; and forming coalitions across townships, counties, states, and nations.

Dorothy Bassett Picks the Bill Apart

I learned about this from Dorothy Bassett (with my boldfaces and a couple parentheticals), who read the bill in its entirety and synopsizes thus:

“[The bill] includes verbiage that says that when a patient comes in, sick due to exposure to chemicals, doctors have to request in writing info on [the chemicals patients might have been] exposed to (think of the time — and treatment delays involved in this process!) and then have to keep it confidential.  Also, the industry doesn't have to reveal compounds that have formed when all these chemicals and materials from underground come together, nor do they have to report exposure to heavy metals, radioactive substances, etc., from below.

Given the problems with airborne and waterborne carcinogenic and neurotoxic substances from this industry's open pits of toxic wastes, compressor stations, and the like, this means that entire communities will still be exposed to chemicals that one or more people have had to see a doctor for, and that the doctors will have to keep it quiet while the communities are at risk.

The fact that the industry has included verbiage in this bill that prevents doctors from revealing the chemicals their patients were exposed to:

1. indicates that the industry knows that much of the substances they

are using are a threat to public health - enough so that emergency

room and other physicians would see cases of toxic exposure to

fracking and related chemicals and substances on a regular basis, i.e.

that this is not a safe process;

2. indicates that the industry wants to keep it quiet - they know that

if the health risks of their activities due to chemical exposure (in

air and water) were to become public there would be such enormous

outcry that they would be - appropriately - shut down;

3. [shows that industry knows fracking/ms] is a human rights and a civil rights violation to the residents and workers affected, and would ultimately contribute to a public health catastrophe;

4. would guarantee that other individuals [and] families in the area would not be warned that they are being exposed on an on-going basis to highly hazardous chemicals that have made other individuals ill  — often seriously and irreversibly ill.

The bill also says that the industry will NOT provide information on compounds created by the chemicals or the interaction of the chemicals with things below ground or any of the substances that come up from underground.

This means that they'd provide info only on the frack fluids — which the doctor has to keep confidential — NOT on what's sitting in frack pits, for example. Considering that strontium. barium and arsenic are common problems, along with naturally occurring radioactive substances, and brine, doctors won't know that the health problem could be coming from these substances from below ground. If they don't know this, they won't be able to test for or treat for exposure to hazardous compounds formed by this soup of chemicals, heavy metals, NORMs, brine and bacteria from far beneath the surface.

The bill requires that local ordinances “Shall allow well and pipeline location assessment operations, including seismic operations and related activities.” Localities “may not impose conditions, requirements or limitations on the construction of oil and gas operations . . . ” The bill makes sure that not only can municipalities not ban fracking, but they can’t even regulate how the poisonous operations and their harmful side effects will be situated and rammed down our throats.

Make Corbett Realize His Political Future Is at Stake

Now there is one option available under current law: GET TOGETHER AND STOP CORBETT FROM SIGNING THIS HORRIFIC BILL.

Should he sign this bill, the governor of Pennsylvania joins all the legislators who voted for this heinous "bill" as party to murder — because people will die from fracking (in fact, quite a few already have). 

If he does sign, I see only one alternative: civil defiance from as many people as can be mustered in Pennsylvania, to occupy Harrisburg and dog these criminal politicians — especially the three Democrats and 17 Republicans who cosponsored this bill and Corbett — for the long haul. It must not be just a one-day event, but an ongoing demonstration of our rejection of our government's collusion in our own poisoning.

We need to tell all of these crooks in no uncertain terms that they have lost the support of Pennsylvania voters and will never get another term. And will be brought up on criminal charges. And we need people to start building the legal case against them. Start with the Pennsylvania Crimes Code Section 25, Section 2502, in which “Murder of criminal code, in which “Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing, is considered “Murder of the third degree.”  

And that is a crime in any civilized society. Slow poisoning or quick: The only difference is that it will be impossible for you to prove the link between frackers and your kid’s cancer when it develops five or seven or twelve years from now, and the frackers and politicians who colluded with them will be off the hook.

Don’t let that happen, Pennsylvania. Your very lives are at stake.


RESOURCES

Governor Tom Corbett's contact info: 

phone (717) 787-2500 fax (717) 772-8284

online form to reach Corbett

HB 1950 BILL Current Status

            Passed (House of Representatives) on Nov 17, 2011

            First Reading (Senate) on Dec 7, 2011

            Second Reading (Senate) on Dec 12, 2011

            Referred to Committee (Senate) on Dec 12, 2011

            Third Reading (Senate) on Dec 14, 2011

            Referred to Committee (House of Representatives) onDec 14, 2011

            Sent to Executive on Feb 10, 2012

20 Sponsors 

STAN SAYLOR (sponsor)

414 Main Capitol Building Post Office Box 202094
Harrisburg, PA 17120
Ph: 717-783-6426

District
15 South Main Street 2nd Floor
Red Lion, PA 17356
Ph: 717-244-9232

Dave Reed

128 Main Capitol Building Post Office Box 202062
Harrisburg, PA 17120
Ph: 717-705-7173

District
550 Philadelphia Street
Indiana, PA 15701
Ph: 724-465-0220

Ken Smith (D-112)

28B East Wing Post Office Box 202112
Harrisburg, PA 17120
Ph: 717-783-1359

District
1414 Monroe Avenue
Dunmore, PA 18509
Ph: 570-342-2710

Marc Gergely (D-35)

325 Main Capitol Building Post Office Box 202035
Harrisburg, PA 17120-2035
Ph: 717-783-1018

District
1540 Lincoln Way
White Oak, PA 15131
Ph: 412-664-0035

District
1705 Maple Street Suite 110
Homestead, PA 15120
Ph: 412-476-3046

Paul Costa (D-34)

323 Main Capitol Building Post Office Box 202034
Harrisburg, PA 17120
Ph: 717-783-1914

District
519 Penn Avenue
Turtle Creek, PA 15145
Ph: 412-824-3400

Here’s the whole list of House cosponsors:

3 Democrats

Name	District
Ken Smith 112
Marc J Gergely 35
Paul Costa 34

17 Republicans

Name	District
Brian L Ellis 11
Dan Moul 91
Dave Reed 62
Garth D Everett 84
Jim Christiana 15
Jim Marshall 14
Mike Turzai 28
Mike Vereb 150
Randy Vulakovich 30
Richard R Stevenson 8
Samuel H Smith 66
Sandra Major 111
Seth M Grove 196
Stan Saylor 94
Susan C Helm 104
Will Tallman 193
William F Adolph Jr. 165

Josh Fox Arrest at House Hearing

Yesterday, documentary filmmaker Josh Fox was arrested at a hearing of the House Committee on Science, Space, and Technology's Subcommittee on Energy and Environment (stop to breathe here, don't give up) that was ostensibly hearing testimony about the EPA's three-year supposed study on the pollution of people.

The hearing was called to "review the EPA's approach to ground water research."

That research -- on the contaminations in Pavillion, Wyoming, that have been wreaking havoc on the lives of animals and "ordinary Americans" like those Josh Fox documented in his 2010 film Gasland -- was "called into question" by a bunch of crooks or idiots in the House who couldn't tell a scientific study from a can of industrially produced beer.

The committee published a statement that didn't even acknowledge Josh's name, let alone his fame or the fact that he testified on fracking before the Senate at Senator Greg Ball's public hearing last August, and at other governmental hearings: "Section 9(j) of the Committee’s rules expressly states that 'Personnel providing coverage by the television and radio media shall be currently accredited to the Radio and Television Correspondents' Galleries.' The individual removed was not accredited by the House Radio and TV Gallery and had refused to turn off his camera upon request by Capitol Police.”

Crock of crud. Josh Fox had attempted to receive credentialing to film the proceedings -- and received no response. No doubt he was ignored because those who have the power to grant such credentials fear him and those with whom he is allied.

That means they fear Us. We the People.

Josh Fox should not have even had to bother with getting "credentialed" beyond the obvious precaution of a weapons check. Any citizen who wants to film the proceedings of our governmental legislative deliberations should be permitted to do so.

Let's just take a look at the name of the institution from which Josh Fox was ejected -- in handcuffs, for heaven's sake. We are talking about the HOUSE of REPRESENTATIVES.

The HOUSE is supposed to be the House of THE PEOPLE. The representatives are supposed to represent WE THE PEOPLE.

It is unacceptable to not allow journalists -- be they mainstream, independent, or citizen in this age of social media and instant transfer of information -- to videotape and otherwise record the proceedings in that House that is OURS.

If our "representatives" operate in secret, that is hardly democracy, or any other form of representative government.

Perhaps the ejection of Josh Fox from OUR house will help to wake up the remaining somnalent U.S. public to how much this nation has become entrenched in oligarchy, and spur people to start reading about ALEC and how corporations in bed with corrupt politicians are adversely affecting every aspect of our lives.

Fortunately, people in Occupy movements around the country have connected the dots and understand we must wrest back control of everything -- from the "rules" that deny us access to information critical to our well-being, to the municipal laws that permit poisoning of our homes and bodies, to our ability to get health care when that poison hits our cells and mutates into cancer.

The laws that have been crafted by ALEC and other corporate-state partnerships are not legitimate. We the People need to start writing laws and demanding those who ostensibly represent us vote to pass them. Or create a government that really is Of, By, and For the People.

Good for Josh Fox and others who risk arrest and worse to bring us the truth about those who run this country. We need more citizen journalists. And we need to demand access to all governmental proceedings. Or withhold taxes. Taxation without representation is unjust and unAmerican, I seem to recall having heard somewhere.

State of the Union: Terrifying. But at Least He's Honest Here

From tonight's State of the Union address, with responses:

"We have a supply of natural gas that can last America nearly one hundred years, [There is nothing else to call this but what it is: a blatant lie. It might as well be a propaganda piece put out by Chesapeake Energy or some other fossil-fuel pushing, environmentally damaging megamillion-dollar corporation, but from the president of the United States in his 2012 State of the Union address, it is a mockery of environmental or democratic or even fiscal responsibility. There is no scientific consensus on this -- not even REMOTELY. This is completely irresponsible. Other scientists (not industry-supported] say only a few YEARS of 'natural' gas is available and extractiable in the 49 states, including Alaska but excluding Hawaii] and my Administration will take every possible action to safely develop this energy.

[To anyone who is paying attention, it is crystal clear that this energy source can NOT BE DEVELOPED SAFELY. We will ALL PAY an impossibly HIGH PRICE FOR SUCH DEVELOPMENT]

Experts believe [ONLY PAID INDUSTRY EXPERTS "BELIEVE" THIS, Mr. President. How outrageously pro-fossil-fuel-corporate interests can you be? What kind of payoffs are your speechwriters getting from industry? This is a beyond outrageous claim!] this will support more than 600,000 jobs [that's patently absurd, completely unsupported] by the end of the decade [there is absolutely NO credible evidence of this;' the only three peer-reviewed economic studies that have been done on the subject -- Barth, Rogers, Christopherson -- find something completely different -- that jobs are few and very short-term and NOT going to locals in the regions to which these jobs are promised but instead to "roughnecks" and other outsiders, generally from the Canadian oilfields, Louisiana, Texas, or Oklahoma].

And I’m requiring all companies that drill for gas on public lands to disclose the chemicals they use. [WOW, HOW BIG OF YOU, Mr. President! YOU'RE REQUIRING COMPANIES TO DISCLOSE THE POISONS WITH WHICH THEY ARE POISONING US! THANKS SO MUCH!] America will develop this resource without putting the health and safety of our citizens at risk. [HOW DARE YOU lie to us who are suffering the ills of this disgusting corporate-industrial abomination known as FRACKING? HOW DARE YOU be so cavalier when talking about our health, our homes, our children's lives, our very way of life, our FUTURE! This is outrageously irresponsible and shows you are embedded with fossil-fuel corporations. No matter WHAT good you might have done/want to do, your outrageously corporate-embedded behavior on FRACKING and complete disregard for CLIMATE CHANGE make any support I might have offered you AN IMPOSSIBILITY.]

"The development of natural gas will create jobs and power trucks and factories that are cleaner and cheaper, proving that we don’t have to choose between our environment and our economy. And by the way, it was public research dollars, over the course of thirty years, that helped develop the technologies to extract all this natural gas out of shale rock -- reminding us that Government support is critical in helping businesses get new energy ideas off the ground."

But, lest we despair, the president is firmly committed to a regulatory system that really works:

"We've all paid the price for lenders who sold mortgages to people who couldn't afford them, and buyers who knew they couldn't afford them. That’s why we need smart regulations to prevent irresponsible behavior. Rules to prevent financial fraud, or toxic dumping, or faulty medical devices, don't destroy the free market. They make the free market work better.

"There is no question that some regulations are outdated, unnecessary, or too costly. In fact, I’ve approved fewer regulations in the first three years of my presidency than my Republican predecessor did in his. I’ve ordered every federal agency to eliminate rules that don’t make sense. We've already announced over 500 reforms, and just a fraction of them will save business and citizens more than $10 billion over the next five years. . . . I will not back down from making sure an oil company can contain the kind of oil spill we saw in the Gulf two years ago. I will not back down from protecting our kids from mercury pollution, or making sure that our food is safe and our water is clean. I will not go back to the days when health insurance companies had unchecked power to cancel your policy, deny you coverage, or charge women differently from men.

"And I will not go back to the days when Wall Street was allowed to play by its own set of rules. . . . "

Whew! What a relief, Mr. President! Thank you soooooooo much!

For those of you who still believed Barack Obama was a decent human being who would stand up for the rights, health, and well-being of regular people versus corporate interests, I offer you my sympathies. I urge you to get active now that you realize there's nobody but you and the grassroots looking out for your interests.

Tbose who hoped Obama would eventually see the light have got to rethink. And we cannot simply say that "He's the best we've got, so let's support him."

I am feeling that I will put my energies behind STOPPING a presidential candidate who aligns so blatantly with Big Oil Big Gas Big Corporate Interests to the detriment of We the People. The corrupted U.S. two-party political system is bankrupt and spent. Perhaps you'll want to put your efforts elsewhere, my friends.

Bill McKibben: Stop Playing Nice with Obama

Why is environmental icon McKibben playing footsies with Barack Obama, a president clearly in deep with polluting corporations? Direct action by the people is the only potentially successful way forward. My piece in Counterpunch is at http://www.counterpunch.org/2012/01/23/mr-mckibben-take-heed/.

The American Lung Association in Bed with a Big Polluter

I just sent this letter off to the following people after learning that the American Lung Association Denver chapter is hosting a big fundraising event, Fight for Air Climb, on February 26, that is sponsored by Encana Oil & Gas! I'm just disgusted.

Please use these e-addresses to send your own thought to the ALA. Feel free to crib from this and/or follow all links.
Maura
----
To: Liz Toohey, American Lung Association Denver Director of Development, ltoohey@lungcolorado.org
cc: American Lung Association CEO Charles Dean Connor, esward@lungusa.org, charles.connor@lungusa.org; ALA Board President Albert A. Rizzo, MD (via fax to Pulmonary Associates, Newark, DE at 302-368-5515); ALA Board President Ross P. Lanzafame, Esq., rlanzafame@hselaw.com
Via fax to ALA headquarters at (212) 315-8870 for distribution to all board members

Bcc: Shaleshock, Coalition to Protect New York, Interstate Coalition, and other grassroots activist groups
Posted on Facebook/Twitter
------------

Dear Ms. Toohey, Mr. Connor, Dr. Rizzo, Mr. Lanzafame, and American Lung Association officers and directors,

I was approached for support by a friend who is participating in the Fight for Air Climb in Denver, which led me to learn more about it. I am beyond appalled to discover that this event, supposedly promoting clean air and healthy lungs, is being sponsored by Encana Oil and Gas, one of the worst corporate polluters of air, water, and communities in the country.

How greedy and stupid has the American Lung Association become? Would you also take money from RJ Reynolds? Have you grown so big and bureaucratic that you have lost all sight of your original vision and mission?

It seems more important to raise money from corporate sponsors who actually contribute to the ill health of so many lungs, hearts, minds, and souls in this country.

From your promotional materials, it is clear that the human participants who think they're doing something important and philanthropic are no more to you than "consumers," as witnessed in your slick pitch to potential corporate sponsors, who can "underscore [their] community commitment" by partnering with your organization at the same time they find new customers and attract new shareholders:

The Fight for Air Climb participant represents the following demographics: 62% are female, 59% are between the ages of 24-44, 55% are married, 70% have a 4 year college degree or greater, 75% report a household income of $60,000 or greater, and 50( own their home. Further 76% are employed of which many are participating in corporate teams representing Colorado's largest employers. Sponsorship packages include many tangible and actionable rights and benefits that will provide our sponsors with the opportunity to:

• Connect with 3,000 climbers, family and friends plus an additional 300 volunteers
• Achieve your marketing & communications objectives
• Underscore your community commitment
• Partner with the American Lung Association in Colorado, the nation's preeminent organization working to improve lung health. Attract customers & generate leads while engaging staff

Your president and CEO Dr. Charles Dean Connor's own December 21, 2011 Huffington Post column is laudatory toward the Obama administration and the EPA for introducing new federal standards on toxic pollutants and mercury emissions from coal-fired power plants. "Step forward and work to maximize the pollution reductions and do your fair share to help those that breathe the air downwind from your smokestacks," Connor urges power companies that have not yet complied. "No one wants to breathe your secondhand smog any more."

The same is true for oil and gas companies. Dr. Connor and the American Lung Association should certainly know this. The American Lung Association's own Public Policy Position Paper on Energy, approved June 11, 2011, avers the following (paragraph 1):

The American Lung Association believes that protection of lung health and a sound U.S. energy policy are compatible goals that require an emphasis on energy conservation, energy efficiency, and the use of cleaner energy resources, including a transition from coal and oil to cleaner alternatives. Our overarching principles call for the implementation of effective air quality programs and standards, transitioning to a clean energy future, with a commitment to promote environmental justice.

What kind of clean energy future can there be when one of the nation's most respected and recognized health associations is in bed with a dirty oil and gas company such as Encana? How can there be environmental justice when such corporations are pillaging lands and communities in nearly 30 states via fracking for methane gas and drilling for oil in sensitive environments, endangering the health of humans, domestic animals, wildlife, and ecosystems?

The U.S. Environmental Protection Agency released a draft analysis December 8, 2011 of the data from its investigation into the groundwater quality in the gas fields in and near Pavillion, Wyoming. Encana Oil and Gas conducted hydraulic fracturing there from 2004 to 2007 while developing new wells. “The draft report indicates that ground water in the aquifer contains compounds likely associated with gas production practices, including hydraulic fracturing,” the EPA wrote in its press release. The report proves that gas industry assertions that "there has never been an incident of groundwater contamination by fracking" are, at best, obfuscating and misleading. At worst -- and to those of us who have studied the industry for some time, more likely -- outright lies.

In June 2008 the Biodiversity Conservation Alliance called EnCana the worst of the oil and gas companies operating in Wyoming:

The Worst of the Bad Actors

This list is ranked beginning with the worst. These are the companies that, due to their abysmal track record in Wyoming, have the greatest potential for improvement.

1. EnCana

–EnCana’s activities have become a poster-child for irresponsible development. In the Upper Green River Valley’s Jonah Field, EnCana initially drilled 16 wells per square mile, at the time the worst project of the last several decades. Then this Canadian gas giant sought – and got – permission to drill an additional 3,100 wells in the field at densities from 64 to 128 well sites per square mile. When completed, the well pads will extend almost unbroken by native vegetation across 33,000 acres of public land, and they’re now expanding from this initial area. EnCana officials dishonestly claimed that directional drilling wasn’t possible in the Jonah Field, even though more than 140 directional wells have been drilled in this field. EnCana also holds leases inside the Adobe Town proposed wilderness and is pursuing drilling there. To top it all off, EnCana’s oil and gas wells have caused groundwater contamination problems in the Pavillion area of the Wind River Basin.

You make a travesty of the good work done by many people in your organization when you choose to partner with a notorious member of the most polluting industry on earth -- an industry that through corruption of our legislative, judicial, and executive branches of government made itself exempt from such environmental and health regulations as the Clean Water Act, the Clean Air Act, the Safe Drinking Water Act, and the Superfund laws.

The problem is bigger than just Encana, however.

The American Lung Association obviously took an early stance on the subject of "natural" gas extraction. I hope that this is so -- that the ALA had not

• seen the documentary films Split Estate or Gasland or All Fracked Up, or
• read any of Dr. Theo Colborn's shocking work on the horrific numbers of endocrine disruptors, carcinogens, and neurotoxins used in hydrofracking, or
• learned of the naturally occurring radioactive materials and heavy metals and VOCs that come up with the millions of gallons of permanently poisoned wastewater that are a byproduct of fracking, or
• read any of the other volumes of information that have been coming to light over the past couple of years,

-- and thus had no idea of the dangers of hydrofracking when it declared in the same June 2011 energy policy paper:

The American Lung Association supports public policies to minimize the human health, particularly lung health, impacts associated with the production of heat for residential, commercial, and industrial use, including impacts from fuel extraction to the disposal of wastes. The American Lung Association supports regulation and enforcement to protect the air, water and other environmental resources during the exploration, extraction, production and transmission of natural gas, propane, and oil. The American Lung Association supports programs and policies to assist communities and individuals to reduce their exposure to indoor and outdoor air pollutants and to reduce their energy use.

This indicates to me that you do not understand that a filthy fossil fuel extraction and transportation industry cannot be regulated well. And even if it could, it has made itself exempt from regulation! Surely with the number of terminal-degreed people on your staff and board, you can see that quite clearly.

AND THEN, again in the same document, you write:
The American Lung Association supports the expanded use of natural gas, and propane where natural gas is not available, for heating residential and commercial buildings, as a less polluting alternative to oil and other fossil fuels.

Perhaps at the time you wrote that, you were unaware of the peer-reviewed Robert Howarth, Ph.D. study out of Cornell University in which the researchers determined that the entire cradle-to-grave process of fracking for "natural" gas is as bad or worse a contributor to greenhouse gas emissions than even oil or coal extraction (findings that were corroborated by two subsequent peer-reviewed studies).

I certainly hope so. I certainly hope that an august body such as your board of directors will look again at this terrible energy policy and rethink your recommendations. You should be running like mad away from the destructive, criminal practice of fracking, not embracing it and those who foist it upon a nearly helpless public and the totally helpless natural world.

I plan to share this letter widely via my many list serves and via social media, including the Coalition to Protect New York and interstate groups working to outlaw fracking before it perpetrates further harm on nature, communities, water supplies, air quality, croplands and food supply, properties, and our own lungs and other necessary body parts.

I hope to hear that ALA Denver and other ALA chapters decide that it is not worth it to accept blood money from a polluting company or industry that works in direct opposition to the ALA's stated values and mission. Doing so mocks the trusting people who work hard on behalf of ALA and sullies your reputation.

I eagerly await your response.

Maura Stephens

PO Box 403
Spencer NY 14883
607-274-3829 office
607-351-3766 mobile
maura@coalitiontoprotectnewyork.org

Reference/a very short list of suggested further readings (happy to provide more if you request):
"Methane contamination of drinking water accompanying gas-well drilling and hydraulic fracturing" (the "Duke study") by Osborn, SG, A Vengosh, NR Warner, RB Jackson. 2011, and related links therefrom (attached in PDF format)
"West Divide Gas Seep" (4/14/04). Extract: Colorado Oil and Gas Conservation Commission fined Encana Oil and Gas $371,200 (a record) for contaminating water supplies in West Divide Creek, Colorado. COGCC found methane, benzene, toluene, and m,p xylenes in water wells, and said Encana "inadequately cemented the well."
"Encana fined over harms to protected birds" (Denver Post, 8/28/2010). Extract: Encana fined the maximum fine of $15,000 for each of two counts plus $170,000 in community service payments for violating the federal Migratory Bird Treaty Act in Colorado and Wyoming, killing 55 protected birds including waterfowl and owls, at its uncovered "natural" gas well reserve pits and wastewater storage facilities in Colorado's Piceance Basin and in Sweetwater, Sublette and Lincoln counties in Wyoming.
"$13,692 gallons of 'produced water' spilled" in Mamm Creek. Extract: Encana said it was from a pipeline rupture. Teh water traveled about a half mile before entering the creek (Glenwood Springs Post Independent, October 9, 2008)
"Methane increasing in water wells near Silt, Rifle, consultant says." Extract: Analysis of 700 water samples from 100 water wells and other water sources shows increased methane, which seem to be related to the 1,000 gas wells in the area.

A Wakeup Call for PDP Burma

I received a rather crazy missive from the Parliamentary Democracy Party this week. It claimed that on 11-11-11 the PDP received a visitor from three astrologers. These three "seers," said PDP, received a visit from the spirit of the slain Burmese democracy leader General Aung San, father of Daw Aung San Suu Kyi. General Aung San's spirit ostensibly told them her daughter has "dishonour[ed] the revolution and my legacy, but my Higher Guardian Angles [sic] will not let her succeed."

If this is the kind of nonsense it is spreading, the PDP has become a sexist, racist sham of a political party. To my Burmese friends, I say: Let's tell them we no longer wish to receive warmongering missives like this. Tell them they cannot speak for the spirit of Aung San, and it is preposterous to claim that they do so.

I became involved in the struggle for Burmese freedom and democracy because I wanted to help a loving and inclusive people break the chains of tyranny, bigotry, hatred, and usurpation of their human rights. I do not wish to be subjected to vicious, divisive, non-constructive diatribes, from the military thugs or anyone who purports to want justice, equity, freedom, and inclusive democracy.

PDP: If you have something to say specifically, come out and say it. Don't blame Aung San Suu Kyi simply for existing, or for attempting to find some way forward to a sustainable future for Burma and its beleaguered people.

Anyone who tries to build bridges can and will surely be accused of selling out one side or the other. I know from much experience that it is vastly more difficult to work toward understanding and cooperation than it is to stand rigidly on one's own side, unbudging, unyielding, and doomed to perpetual misery, violence, or subjugation.

Things change. We must be flexible to change along with the tides, and not drown for stubbornness because we refuse to move as the tide laps at our nostrils. Change is difficult. Democracy is difficult and messy. Getting along with others is hard; ask any kid in a playground.

I spent many years fighting against hatred, bigotry, and desperate suppression in Northern Ireland. Much of the ongoing violence was fueled by generations of people who could not relinquish their bitterness against one another's forebears or put aside their thirst for vengeance. This carried on for several generations, and it still lingers. Many, many people suffered and died because the sides could not find common ground. And that was in a country of only two groups divided by religion and economic power -- not nearly as complex a population as that of Burma, with its more than 100 ethnicities!

It is easy to become choked by acrimony and animosity. If we cannot find it in our hearts to look forward with hope, remembering and learning from but not dwelling on others' sins of the past, we will never find the way to a free, fair, just, and democratic Burma.

I hope, PDP people, that you can find it in your hearts to begin planning for a positive and inclusive future for Burma and its people, both men and women, and all ethnicities. The people of Burma deserve nothing less than your generosity of spirit; a long-term, far-reaching vision for the sustainable yet prosperous country Burma could be someday; and your willingness to work hard to ensure that it so becomes. And please stop claiming you or your friends speak to the dead. That's just wrong.

Maura Stephens
friend of the Burmese people
formerly with
the International Campaign for Freedom of Aung San Suu Kyi and Burma

DEC: Inergy LPG Storage in Salt Caverns Is Insane. Say No.

Today was the deadline to comment to the NYS Department of Environmental Conservation on the proposed Inergy, Corp. liquefied petroleum gas storage in salt caverns in Reading, New York, just north of Watkins Glen on beautiful, vineyard-encircled Seneca Lake. This is what I wrote to the DEC about its facility ID 8-4432-00085. I am not as polite as most of those who wrote. That's because I'm mad as hell. You should be, too.

I could give numerous scientific reasons that permitting the LPG storage facility in salt mines in Reading (or anywhere else in the Finger Lakes) will cause environmental damage. Many others have submitted such comments as to why the DEC’s EIS for LPG storage in salt mines in Reading is grossly inadequate, why we are aware and disgusted that the only real benefits will go to Inergy, related industries, and to the government and regulatory officials in their pockets, and why we are aware and disgusted that We the People who live in the region will pay dearly without receiving any recompense for our immeasurable and irreconcilable losses.

Others have written about how our existing tourism, wine, outdoor recreation, and real estate businesses would collapse with the permitting of poisoning by Inergy and related industries.

You have had an earful about how the noise, traffic, and clogged air would affect our lives and health—and surely your own, even very basic, research would have confirmed this.

You already know that LPG storage facilities cause sicknesses and even death of plant and animal life—and probably of people (as well as existing businesses).

You know, too, that there will be few jobs gained, if any. It is in fact more likely that Inergy’s LPG storage facility would lead to job loss, considering that existing businesses will be forced to downsize or close as tourism and crop purity are destroyed.

You have heard firsthand from homeowners who are selling their homes and escaping, or at the very least delaying planned home building or home-improvement projects. You have heard of how prospective buyers are looking elsewhere because nobody in her right mind wants to live near or be forced to travel by a gas storage and transport facility.

Surely it is clear to you that lower property values will have an overall terrible effect on Schuyler County’s property tax base, which in turn will cause neighboring counties’ properties and tax bases to weaken

You must admit, sir, that the DEC is hamstrung and grossly understaffed. It does not have the power to enforce regulations, even if regulations had any meaning. But they don’t, and that is the primary purpose of this letter.

This Company Is . . . Let’s Just Say, Not One to Write Home About

Surely it is clear to anyone with half a a brain that once Inergy gets this facility in place, it will quickly expand to the other salt caverns around Seneca Lake, and thence to the many caverns around Cayuga and the other Finger Lakes. That will destroy everything valuable about this region as a place to live and raise a family, a vacation destination, a business community, and the precious ecosystems and waterways on which life depends.

I’m not sure that anyone has yet brought up the fact that Inergy, like all fossil-fuel corporations (indeed, like all corporations), has one mission and one mission only: to make money.

That money is often made at the expense of people’s livelihoods, property, health, and lives. And the corporation often lies to get its way. Which is exactly what is happening here, with Inergy.

Inergy has, preposterously, claimed that its executives and staff are “locals” who “care about” Seneca Lake. That is an outright lie. Almost all, and certainly the highest-paid ones, are from out of state, as several of us have learned from these individuals themselves. So that argument must be publicly refuted and called out for the lie it is. DEC and the media “reporting” on this issue should already be doing that consistently.

You and the media should also be seriously questioning why (a) Inergy relies on the 1992 GEIS, which does not even deal with LPG storage in salt mines, for information in its proposal; (b) the company was sued by Michigan Attorney General in 2008 for price gouging (and settled by refunding the overcharges to customers); (c) the company has no ties to this region; (d) the company has been caught in numerous lies and misrepresentations, yet Reading and Schuyler County officials seem to find these all just fine.

We’re Not Fooled: This Gas Is Not for Domestic Use

Inergy is attempting to pull a bait-and-switch by telling people in this region that its desire is to “store heating fuel here so that we can provide local residents with cheaper fuel during winter months, when prices are higher.”

That, too, is an outright lie. Inergy will sell to the highest bidder because that is its mission: to make money. It would be following in the footsteps of countless fossil fuel corporations that have lied to convince the public, regulators, and legislators that they intend to keep their domestically extracted product in the USA (it’s so “patriotic” and will make us “energy independent” and get us off “foreign fuels”). They are granted permits to poison here, and then turn around to sell their products abroad, where the best prices can be met.  

Waterborne Energy, Inc., in its LPG Report dated 3 June 2010, says, “On an annualized basis, there were 30.208mmbbls exported during calendar year 2009. Through June 2010 there have been 17.145mmbbls exported – or 56% of the overall total achieved last year. If the year-to-date July figures are included the percentage rises to 61%. The vast majority of the exports is clearly propane, of which there have been 16.6mmbbls removed from domestic inventories. This compares to the total propane volume exported last year, which was 25.4mmbbls.”

Pervin & Gertz, Inc., “international energy consultants,” reported in its 2010 Latin American LPG Seminar, held in Chile November 15-18, 2010, that “In fact, LPG exports from Houston to Latin America have grown each of the past 3 years and volumes appear to be on track to reach a modern day record in 2010. This situation has had repercussions in the U.S. propane market, with pre-winter inventory levels running far below average. Ultimately, we expect these conditions to strengthen propane prices in the U.S. This scenario would trigger higher prices throughout most of Latin America, particularly in un-subsidized markets reliant on propane imports.”

Coastal Caverns, Inc. (CCI), a wholly-owned subsidiary of the Vitol Group, announced on July 5, 2011, its plans to develop a new propane export facility in conjunction with its in-development LPG storage operation in Beaumont, Texas. It will include storage capacity for up to six million barrels of domestic and international grade propane as well as a processing facility capable of handling as much as 100,000 bbls per day. The project will be designed to ultimately treat and export up to 3 million tons of propane per year.

Most recently, three weeks ago, BG Group signed a 20-year, $8 billion agreement with Houston-based Cheniere Energy to export LNG.

So much for “clean, patriotic, domestic energy” serving the U.S. market. We know that’s hogwash, as are the claims of Inergy and others that LPG storage is completely unrelated to fracking for “natural” gas in our region.

Part of a Much Bigger Industry That Will Destroy New York State Permanently

We know that propane is found in Marcellus shale gas south and west of us, and we know that the gas needs to be refined to separate the propane from the methane and butane. That requires refineries—more industrialization.

Once the door is open to this destructive industry, there will be no shutting it.

That is not acceptable. We are not willing to be collateral damage to serve the interests of a few corporate fat cats and the politicians with whom they are colluding.

The people who work for the DEC, like those who work for regulatory agencies of every description in the United States, no doubt mean well and have good intentions. But you have been rendered powerless by a political system that does not see value in regulating industry to protect people and nature.

Impotent Regulatory System

DEC is virtually powerless. Why would any sane people trust that a powerless agency can protect us from corporate harm, that you even could protect our environment and nature from corporate damage, or that you could possibly “mitigate” the harm once we have been contaminated—which we surely would be if this LPG storage facility and the subsequent industrial expansion come to New York State?

You are not God; you cannot make pure something that has been permanently poisoned. You cannot restore a bucolic, beautiful, peaceful way of life once it has been destroyed by a heartless, soulless industry. You cannot make dead fish and aquatic creatures come back to life. You cannot remove benzene, or methane, or toluene or xylene or hydrochloric acid—or radium, or a mixture of the above—from our drinking water and croplands.

Lest you accuse me of hysteria, I will point out that I am a journalist with 33 years of experience investigating, among other things, environmental and business issues. I did graduate work in botany and horticulture, and I am a long-time organic farmer. I am not given to hyperbole. Every thing I have predicted in this fracking fight so far has come true. I smelled this Inergy rat the minute it announced itself in Reading.

The Role of the DEC

I love the Finger Lakes and New York State, and I will not stand by and see it destroyed by wanton corporations given free rein to rape and pillage at will. Nor will the tens of thousands of people who have joined actively in antifracking movement across the state, from Shelter Island to Niagara Falls.

I do not agree with some leaders in the fight against this destructive industry that an independent Qualitative and Quantitative Risk Analysis (QRA) is in order. The only thing in order, in my mind, is a total ban on use of the Finger Lakes or any critical watershed as storage of highly toxic materials. A potent and on-task environmental regulatory agency would be fighting for this right up front, no matter the odds. Unfortunately, the DEC charge of fostering “natural resources” development is directly at odds with its charge of protecting the environment, and your conflicted mission inevitably causes harm to the latter.

Yet your goals statement does say the DEC pursues “environmental quality, public health, economic prosperity and social well-being, including environmental justice and the empowerment of individuals to participate in environmental decisions that affect their lives.”

Now, that’s more like it. If you start toward this goal, you will inevitably listen to us and say a resounding No to the Inergy proposal.

If you do not, the people cannot stand for the degradation of our home, and there is no time like the present to make some serious changes in the way business is conducted in New York State. We are fighting for our way of life here. We are fighting for our future. There is tremendous power in people when so much is at stake. I sincerely hope the DEC will be on the side of the environment and environmental justice, as your website proclaims you are. If not, well, I guess it's up to us, then.