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mac



Joined: 07 Mar 1999
Posts: 17747
Location: Berkeley, California

PostPosted: Fri May 15, 2015 4:38 pm    Post subject: Reply with quote

More good "Citizen's United" citizenship from those ethical carbon companies that would not lie to you about climate change:

Quote:
Duke Energy, the nation’s largest electrical utility, pleaded guilty in federal court Thursday to nine criminal violations of the Clean Water Act for polluting four major rivers for several years with toxic coal ash from five power plants in North Carolina.

The $50.5-billion company was fined $102 million and placed on five years of probation for environmental crimes. All company compliance related to coal ash in five states will be overseen by a court-appointed monitor and reported to federal parole officers.

U.S. District Judge Malcolm J. Howard approved the plea agreement Thursday morning following a 90-minute court session in which a Duke Energy lawyer repeated the words “guilty, your honor” more than 20 times.

The nine misdemeanor charges were filed against three Duke Energy subsidiaries, and the lawyer responded for each charge against each subsidiary. Howard found the utility guilty on all nine counts.

North Carolina community fights Duke Energy plan to dump toxic coal ash
North Carolina community fights Duke Energy plan to dump toxic coal ash
“Today we said big corporations are not above the law, and polluters who harm our environment will be held accountable,” U.S. Atty. Thomas Walker of the Eastern District of North Carolina said outside the federal courthouse.


These are the crimes that were not prosecuted in the last administration, and would not be prosecuted under a Republican president.
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mac



Joined: 07 Mar 1999
Posts: 17747
Location: Berkeley, California

PostPosted: Mon May 25, 2015 9:59 am    Post subject: Reply with quote

They're at it again. An oil spill, from a pipe owned by Plains, fouls 7 miles of California coastline. About the company:

Quote:
Federal records show Plains has accumulated 175 safety and maintenance infractions since 2006. The U.S. Environmental Protection Agency sued the company in 2010 over a series of 10 oil spills in Texas, Louisiana, Oklahoma and Kansas.


Of course, this highly ethical corporate citizen used the highest standards of safety--not.

Quote:
by BRIAN MELLEY, Associated Press

LOS ANGELES (AP) — The pipeline that leaked thousands of gallons of oil on the California coast was the only pipe of its kind in the county not required to have an automatic shut-off valve because of a court fight nearly three decades ago, a county official said.

The original owner of the pipeline skirted the Santa Barbara County requirement by successfully arguing in court in the late 1980s that it should be subject to federal oversight because the pipeline is part of an interstate network, said Kevin Drude, deputy director of the county's Energy and Minerals Division. Auto shut-off valves are not required by federal regulators.

"It's the only major pipeline that doesn't have auto shut-off," Drude said. "For us, it's routine."


Could this possibly be a result of the deregulatory fervor of Ronald Reagan and his Secretary of the Interior, James Watt? Doing their best to transfer costs to the public sector and profits to the private sector?
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mac



Joined: 07 Mar 1999
Posts: 17747
Location: Berkeley, California

PostPosted: Thu Jul 16, 2015 10:15 am    Post subject: Reply with quote

I keep reading here about big oil ethics as something other than aan oxymoron. Evidence on the other side continues to amass:

Quote:
CHICAGO, June 30 /PRNewswire/ -- The following press release is being
issued by Rainbow/PUSH Coalition:
In a stunning development, federal investigators from the Commodity
Futures Trading Commission charged British Petroleum (BP) with price
manipulation. BP's alleged price manipulation conspiracy allowed it to
corner the U.S. propane market in the winter of 2004 and drive up heating
costs and enhance their profit margin by some $20 million. Already, several
BP traders have pleaded guilty to conspiring to manipulate the market or
are facing charges.

"This is yet another example of BP's pattern of Enron-like greed,
gouging and price manipulation. It strengthens our case to target BP with
direct action until the price of gas and energy come down," said Reverend
Jesse L. Jackson.
"BP is a key multi-national player in the global energy market," said
Janice Mathis, vice president of the Rainbow PUSH Coalition. "There is
tremendous speculation in oil futures that is going unchecked. Congress
must act to regular the future trading market of gas and energy to prevent
BP and Big Oil for manipulating supply and demand to gouge consumers and
hike profits," indicated Janice Mathis, the vice president of the Rainbow
PUSH Coalition
Rainbow/PUSH, clergy and other organizations have launched a boycott
campaign against BP, citing:
1. Gouging and Greed: BP is a leader in Enron-like price gouging and
market manipulation -- in addition to the latest charges, it has been fined
in New Jersey and was hit with market manipulation along with Enron during
the California energy crisis in 2001-02. The oil industry made nearly $100
billion in profits in 2005. BP made windfall profits of $5.3 billion in the
first quarter of this year. It gave its CEO $20 million in compensation
last year, while consumers suffer at the pump.
2. Safety and Environmental Violations: BP has one of the worst health,
safety and environmental records; it received a record $21.7 million fine
for its Texas City refinery explosion that killed 15 and injured dozens. BP
suffered a previous explosion at this refinery killing two, and was cited
in Toledo, Ohio for similar violations. It is under investigation for
spilling in the Alaska oil pipeline and for spewing benzene (a carcinogen)
from its Texas City refinery. It may face possible criminal charges in the
Texas City explosion. "Don't buy gas at BP. It's bad for your health,"
concluded Rev. Jackson.
3. Race Discrimination: BP has the largest share of the African
American market, yet demonstrates a pattern of race discrimination: of a
total of 800, BP has ZERO African American distributors; does less than 1/3
of 1% procurement with minority businesses. It has few to ZERO people of
color in its senior executive ranks.
4. Political Corruption: Big Oil has made huge political contributions
-- $190 million since 1990, 75% to Republicans -- to insure that Big Oil's
interest are placed above the public's interest: VP Cheney's secret
meetings with Enron and other oil executives to set energy policy, last
year's energy bill that gave Big Oil $2.6 billion in tax breaks, and
blocking efforts to place a tax on their $60 billion windfall profits, Big
Oil exerts undue influenced over Congress. "We must break Big Oil's control
over our Congress, and develop a strategy and commitment to energy
independence, research and development of alternative, sustainable sources
of energy," commented Rev. Jackson.
Reverend Jackson concluded, "We are going to engage in direct action
against BP to change their behavior: BP should be indicted for criminal
negligence; government regulations and a cap must be instated to stop price
gouging and market manipulation, and oil companies must pay a windfall tax
on their super-profits. BP must stop discriminating against potential
minority distributors and businesses. We must break the political influence
of Big Oil on Congress and our elected officials -- independently, we will
stand up for consumers and businesses being hurt by these oil companies and
their profit machine."
The Rainbow/PUSH Coalition is a progressive organization that seeks to
protect civil rights, even the economic and educational playing fields in
all aspects of American life and bring peace to the world. For more
information about the Rainbow PUSH Coalition, 930 E. 50th St. in Chicago,
please see www.rainbowpush.org, or telephone (773) 373-3366. To interview
Rev. Jackson on this topic, please call one of the numbers listed above.
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mrgybe



Joined: 01 Jul 2008
Posts: 5180

PostPosted: Tue Aug 11, 2015 11:15 am    Post subject: Reply with quote

Howls of outrage every time a puff of smoke comes from the Richmond refinery which might have a short term impact on a town which relies entirely on that facility for employment and taxes. Or the hyperventilating over a 50,000 gallon spill from an Exxon pipe near the Yellowstone River which was speedily cleaned up by the company. And what about the "crimes" perpetrated by Duke Energy? Shock and rage. Yet not a word when his former employer pours 3 million gallons of pollutants into a Colorado river which are now depositing heavy metals on river beds through CO and into New Mexico. I wonder who will pay for the clean up, fines and compensation to residents and businesses? Let me guess. And who will sternly oversee that clean up? Will the President insist upon a multi-billion dollar trust fund to pay claims, and will he "keep his boot on the throat" of the EPA? Selective outrage.
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mac



Joined: 07 Mar 1999
Posts: 17747
Location: Berkeley, California

PostPosted: Tue Aug 11, 2015 11:19 am    Post subject: Reply with quote

Howls of hyperbole emerge from the extraction industry as mrgybe describes a raging fire due to poor maintenance at the Richmond refinery as a "puff of smoke." Since I have spent some of my career cleaning up Superfund sites, often created by the mineral extraction and pesticide industry that mrgybe pimps for, I have a fundamentally different take on the Gold King Mine spill. To be sure, I left EPA in 1976 because in general they rely on the States to remediate pollution. Like the perhaps half a million abandoned mines in this country. The Colorado Geological Society has identified more than 23,000 abandoned mines in Colorado. The San Francisco Regional Water Quality Control Board has been involved in clean-up from abandoned mines--most notably the New Almaden mine south of San Jose, the largest mercury mine in the country, which left waste mercury all over the landscape and has contaminated fish for a century, with another 50 years of impact despite the best possible clean-up on land that is feasible.

Without a doubt EPA triggered a spill and the conservative pundits have jumped on it. They apply a standard of perfection to government actions of all types--egged on by corporate money. But with thousands of abandoned mines, in rugged territory all across the country, it is inevitable that cleanups will not occur without mistakes and short term impacts.

The Gold King Mine was one of a number of abandoned mines near Silverton Colorado identified as causing ecological damage in about 1990. EPA proposed to list the area as a Superfund site, but the State of Colorado resisted, fearing that listing would interfere with tourism. Many of those mines were leaking high-acid drainage--a common occurrence in abandoned mines--and the Animas River was essentially devoid of any natural stream biota. After 25 years of dancing with the state, EPA began an investigation into the on-going leak in August, intending to install drains and treat the runoff. But their investigation caused a rupture in the downstream earthen ponds, releasing the mine drainage suddenly rather than dribbling out at 200 gallons per minute as it had been.

A reasonably journalistic account--something missing in the e-mails that have triggered conservative outrage to generate political contributions for the GOP--can be found in the Denver Post.

From http://www.denverpost.com/environment/ci_28608746/epas-colorado-mine-disaster-plume-flows-west-toward

Quote:
EPA mine sight coordinator Hays Griswold, one of four workers at Gold King when an estimated 1 million or more gallons of orange acid water blew through a loose dirt barrier, said he had been working to install a pipe to drain rising water in the mine. That project, he said after the disaster, "couldn't have worked. ... Nobody expected the water to be that high."

An initial torrent tearing down from Gold King's collapsed portal (elevation 11,458 feet) wiped out a gray Suburban — now yellow - and ripped out trees and culverts as it raged into the main stem of the Animas. This raised the acidity of Cement Creek to pH 3.74, a level comparable to black coffee, EPA officials said, and in the Animas below Silverton at a level comparable to orange juice or Dr. Pepper (pH 4.Cool. And it spread the mustard-yellow sludge.

Griswold and state officials have been trying to reduce acid leakage from several mines in the area, including the Red and Bonita mine and the American Tunnel.

But that is tricky, unpredictable work at best, due to collapsed timbers and rock inside tunnels — especially in this area of the high San Juan Mountains.

In 1978, the altered state of the mountains after decades of hard-rock mining became obvious in a disaster known as the Emma Lake Incident. Across the 13,286-foot Bonita Peak that towers over Gold King, a tunnel from the nearby Sunnyside gold mine reached an area about 70 feet under the alpine Emma Lake. That lake broke through into the tunnel on a Sunday, when miners weren't present, and all the water and sediment, black as oil, rocketed through the tunnel and shot out a portal along Cement Creek with a force that toppled a 20-ton locomotive.

Still, profitable gold mining continued in the area until around 1986. And old mines here have kept draining acid mine water, leached from exposed rock, laced with heavy metals. Gold King had been leaking at a rate of 200 gallons a minute before the EPA crew began digging to investigate the portal.

More than one contaminated stream may be contributing to the spreading mustard plume. "It is hard to say," EPA coordinator Myers said. "There are a number of draining adits up in that drainage that are not associated with the Gold King Mine."

EPA and contractor response crews Saturday were re-installing retention ponds and beginning to trap and screen out orange contaminants from a flowing Gold King discharge. Senior EPA officials said they're revising their 1 million gallon estimate of the volume of the blowout surge. (The Animas River at Durango, still mustard-colored Saturday night, flows at a rate of 360,000 gallons a minute.)

Silverton and San Juan County officials have resisted efforts to launch a full-scale federal "Superfund" cleanup to address this problem due to fears of a stigma that could hurt the tourism they count on for business.

"These are historic abandoned mines that have had acid drainage for decades. That is the very reason why we were up there," EPA regional chief McGrath said. "We were trying to reach that drainage coming off the Gold King Mine. They were trying to put in a treatment system.

"We have been in conversations with the town of Silverton ... and the state of Colorado about listing this area under Superfund. And if it is listed then, of course, removal (of waste) is part of Superfund that would allow us to take action up there. ... We have not been able to move this area to a listing under the Superfund."


Mrgybe's industry posture? Less regulation. Let the half million abandoned mine sites continue to leak, and periodically drain catastrophically after heavy rains. After all, corporations were created to allow investors to shield themselves from liability.

An interesting article that gives the background on local government and industry resistance to designation of the site as a Superfund site (qualifying it for clean-up funds) can be found here: http://blog.yourwatercolorado.org/

To be sure, seeking out both sides of a story, or the facts, would give mrgybe a rash.
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nw30



Joined: 21 Dec 2008
Posts: 6485
Location: The eye of the universe, Cen. Cal. coast

PostPosted: Tue Aug 11, 2015 11:53 am    Post subject: Reply with quote

mac: "To be sure, I left EPA in 1976 because in general they rely on the States to remediate pollution."

In other words, 'I trust the big federal government much more than the states.'
There are no guarantees with that attitude, the bigger the government, the more things just get passed around, and the slower things get accomplished.
The most important thing to most fed employees, CYA.
~~~~~~~~~~~~~~~~~~
Gold King Mine spill exposes Obama hypocrisy, threatens EPA credibility, critics say

By Ben Wolfgang - The Washington Times - Monday, August 10, 2015

The political fallout from last week’s toxic spill at Colorado’s Gold King Mine intensified Monday, with critics saying the incident has exposed clear hypocrisy within the Obama administration while threatening the credibility of the Environmental Protection Agency at a crucial moment.

Rather than express outrage as it has done in the wake of previous environmental disasters, the White House would not comment on the spill and instead directed all questions to the embattled EPA.

The agency, meanwhile, remains under intense fire after its contractors accidentally breached a dam at the mine last week and sent toxic sludge flowing into the Animas River. The contaminated water has spread to New Mexico, Arizona and Utah, and EPA officials were forced to concede that more than 3 million gallons were released into the river — a much higher amount than the agency’s initial estimate of 1 million gallons.

The fluid contains lead, arsenic and other heavy metals.

Although not comparable in magnitude, the spill in some ways is reminiscent of BP’s 2010 oil spill in the Gulf of Mexico, which famously led President Obama to say he was looking for someone’s “ass to kick” in response and prompted Ken Salazar, the interior secretary at the time, to vow to keep his “boot on the neck” of BP.

This time, with a federal agency responsible for the spill, the talk hasn’t been so tough.

Critics say the administration is exercising a clear double standard by failing to demand the kind of accountability — including the firings of those responsible — that it has demanded of private companies.

They also say the EPA has seriously damaged its own credibility by failing to reveal the incident until a day later, and by initially downplaying the size of the spill.

“Their response has been terrible. They’ve hedged the truth, if you will, which puts people in jeopardy because it turns out it’s much worse. They’re doing precisely the sorts of things they level charges at other people for doing,” said Dan Kish, senior vice president for policy at the conservative Institute for Energy Research.

“It’s ironic in a lot of ways because, typically, when big, iconic things happen like this, they spend a huge amount of time trying to throw gasoline on the fire,” Mr. Kish said. “They always tell us they’re right, everybody is wrong. In this particular case, they’ve got their hands full.”

For the rest~
http://www.washingtontimes.com/news/2015/aug/10/gold-king-mine-spill-exposes-obama-hypocrisy-threa/
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isobars



Joined: 12 Dec 1999
Posts: 20935

PostPosted: Tue Aug 11, 2015 1:31 pm    Post subject: Reply with quote

And who's footing the the already seven-figure bill for partially remediating the EPA's blunder? CO and NM. I don't know about CO, but NM is one poor state.
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swchandler



Joined: 08 Nov 1993
Posts: 10588

PostPosted: Tue Aug 11, 2015 3:10 pm    Post subject: Reply with quote

Mining the Washington Times for stuff to criticize President Obama? How easy is it today to find a twisted story that fulfills and satisfies one's biases? NW30, are you feeling sorry for BP these days? Seemingly, Ben Wolfgang has conveniently forgotten that 11 people died in the BP disaster.
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mac



Joined: 07 Mar 1999
Posts: 17747
Location: Berkeley, California

PostPosted: Tue Aug 11, 2015 4:08 pm    Post subject: Reply with quote

NW--you join mrgybe in the fools' corner. EPA had to move to clean up these mines because Colorado had not done enough over the last 25 years. That was what was frustrating about EPA--you had to wait for the State, give them money to build their program, chastise them when they didn't do enough, and then, 25 years later, begin the clean-ups.

To expect cleanups--of the 23,000 sites that industry abandoned-- to happen without mistakes is foolish indeed. But then at least you didn't spend your career, like mrgybe, creating such sites in the first place--and then arguing that they didn't need to be cleaned up.

Remember how the Bushie's did it? Of course, this happened in mrgybe's home state, where Massey coal, led by their head Don Blankenship, made major contributions to the Bush and Republican senatorial funds. It all started with a big coal slurry spill in 2000. Blankenship reportedly bragged that he had bought a member of the Virginia Supreme Court. His influence was sufficient that the chief operating officer of Massey then was appointed to the Mine Safety Board, and Secretary of Labor Elaine Chao, who oversaw the Mining Safety and Health Administration, "put on the brakes" regarding an agency investigation into the spill. McConnell was up to his neck in quashing any penalties for Massey. We all remember (well, not Republicans, they don't read mainstream media) next. 28 Massey employees were killed in 2006 the Upper Big Branch coal mine fire. Mrgybe, pimp for the carbon industry, has the nerve to argue that we should not want to interfere with coal jobs because then carbon executives have to lay people off. Better to kill the workers quickly by hiring Republican politicians to kill safety regulations, and the larger population slowly with unregulated carcinogenic emissions.

http://www.nytimes.com/2010/04/10/us/10westvirginia.html?pagewanted=all&_r=0
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mac



Joined: 07 Mar 1999
Posts: 17747
Location: Berkeley, California

PostPosted: Thu Aug 13, 2015 11:23 am    Post subject: Reply with quote

Having trolled, mrgybe moves on and ignores the facts. His recent posts are attempts to create a false narrative that absolves the extraction industry that he represents from responsibility for abandoned mines, and tries to present the coal industry executives as deeply empathetic to their employees rather than callous about their safety. Silence speaks volumes, as does the usual slimy spin.

Exxon would be exonerated from the Yellowstone spill under his theories, and would, through exerting its political muscle, minimize liability for the latest spill to reach final legal decision.

Quote:
LITTLE ROCK, Ark. — Two subsidiaries of Exxon Mobil must pay almost $5 million in penalties for state and federal violations involving the 2013 Mayflower oil spill in central Arkansas, according to a consent decree filed in federal court Wednesday.

The decree brokered between the U.S. Department of Justice, the Arkansas attorney general’s office and the subsidiaries — Exxon Mobil Pipeline Company and Mobil Pipe Line Company — will not become final until after 30 days of public comment.

Assistant Attorney General John Cruden said the company did not admit liability as part of the agreement.

Exxon Mobil spokesman Christian Flatham said the settlement lowered the number of barrels of oil estimated to have leaked into a cove of Conway Lake in Mayflower on Good Friday in March 2013 from 3,190 to 5,000 barrels.

“We regret that this incident occurred and apologize for the disruption and inconvenience that it caused,” he said in an emailed statement. “Exxon Mobil launched a rapid and effective response and worked closely with the U.S. EPA and the Arkansas Department of Environmental Quality to ensure cleanup and restoration took place as quickly as possible.”

It was originally estimated that the Pegasus pipeline had spilled up to 210,000 gallons of heavy crude oil into Mayflower’s Northwoods subdivision, drainage ditches and the cove when a manufacturing defect in the pipe’s seam left a 22-foot rupture in the pipeline.

The revised number of barrels, which Attorney General Leslie Rutledge estimated was close to 134,000 gallons of oil, was used to determine the penalties paid for the violations of the federal Clean Water Act and state environmental laws.

Exxon Mobile will pay about $3.2 million in federal civil penalties in addition to addressing pipeline safety issues and oil-response capacity, plus $1 million in state civil penalties, $600,000 for a project to improve water quality at Lake Conway and $280,000 for the state’s legal costs.

A 650-mile portion of the pipeline has been closed since the Mayflower spill, and about 211 miles of the pipeline in Texas has resumed service.

Civil claims by residents of the subdivision are still pending in Faulkner County Circuit Court and in federal court.


And for the Yellowstone spill:

From UP, Exxon tries to weasel their way out of a minimal fine for fouling nearly a hundred miles of the river:

Quote:
US officials have rejected Exxon Mobil’s request to reconsider a $1m penalty imposed against the oil company over a 63,000-gallon crude spill into Montana’s Yellowstone river.

The US Department of Transportation on Friday ordered the Texas company to pay the penalty within 20 days at a hearing in Billings, Montana.

Safety regulators said Exxon Mobil failed to adequately heed warnings that its 20-year-old Silvertip Pipeline was at risk from flooding. They said the company lacked procedures to minimise the spill when the line broke.

The 2011 spill left oil along an 85-mile stretch of the Yellowstone, killing fish and wildlife and prompting a cleanup that took months.

Exxon attorneys had asked the Department of Transportation to withdraw three of its four findings of pipeline safety violations. It also sought to reduce the penalty.



The Oil Pollution Act provides for substantial penalties for oil spills:

§4301(b) Civil penalties are authorized at $25,000 for each day of violation or $1,000 per barrel of oil discharged. Failure to comply with a Federal removal order can result in civil penalties of up to $25,000 for each day of violation

Perhaps those should be increased to provide an incentive for companies like Exxon to actually inspect and maintain their pipelines. Nah, just ignore the potential for spills and approve the Keystone Pipeline say mrgybe, the Koch's, and the Republicans.
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