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Yglesias

Property Rights And the Kochs

If I walked over to David Koch’s lawn and tore up all the grass, he’d probably feel that the basic principles of a free market society require me to be punished. After all, that’s his property. And then there’s what happens when the Kochs want to pollute someone else’s river:

The complaint alleges that a Georgia-Pacific paper mill on the Coffee Creek in Arkansas – owned by the billionaire Koch Brothers -emits 45 million gallons of paper mill waste including hazardous materials like ammonia, chloride, and mercury each day.

Coffee Creek then flows into Louisiana’s Ouachita River where the pollutants have left the formerly pristine water speckled with odorous foam, slime and black pockets of water, said Jerry Johnson, who has been visiting the Ouachita River for 35 years.

“People used to swim in it,” said Johnson, who now lives along the river. “In the summertime, it was the place to go.”

But Johnson said the number of visitors has dwindled as the river conditions continued to grow worse, preventing the area from reaching its full economic potential as a vacation destination. The pollution is so bad it has kept Johnson from fishing in the river.

And yet somehow the coalition merchants of the contemporary right, financed by the Kochs and other industrialists, have constructed a conception of free markets and property rights such that trying to stop them from wrecking Ouachita River constitutes a defense of those things.

Climate Progress

Nature editorial, “Into ignorance,” slams GOP for “vote to overturn an aspect of climate science”

It is hard to escape the conclusion that the US Congress has entered the intellectual wilderness, a sad state of affairs in a country that has led the world in many scientific arenas for so long. Global warming is a thorny problem, and disagreement about how to deal with it is understandable. It is not always clear how to interpret data or address legitimate questions. Nor is the scientific process, or any given scientist, perfect. But to deny that there is reason to be concerned, given the decades of work by countless scientists, is irresponsible.

That’s from a strong editorial in the journal Nature,Into ignorance” (subs. req’d).  Here’s more:

Read more

Politics

What The Frack: Ohio Gov. John Kasich Wants To Open Up State Parks For Oil And Gas Exploration

At the behest of then-Vice President Dick Cheney, an exemption was inserted into a 2005 energy bill — dubbed the “Haliburton loophole” — which stripped the EPA of its power to regulate a natural gas drilling technique called hydraulic fracturing. This method, called fracking, entails drilling a L-shaped well deep into shale and pumping millions of gallons of water laced with industrial chemicals — chemicals which the energy companies are not legally bound to disclose. The poisonous fluid fractures the shale and releases natural gas deposits for collection.

Due to the documented water contamination issues surrounding hydraulic fracturing, both New York and New Jersey have imposed bans on fracking in their states. But the public health risk doesn’t seem to bother Ohio Gov. John Kasich (R) and state Republicans. The Ohio House introduced a bill early this month that would create a panel to open any state-owned land for oil and gas exploration to the highest bidder. This week, in an unreleased portion of Kasich’s proposed budget, the Ohio Department of Natural Resources would be given authority to lease 200,000 acres of state park land for oil and gas exploration.

Kasich has fully endorsed drilling in Ohio state parks, saying, “Ohio is not going to walk away from a potential industry.” State Rep. John Adams (R), the House bill’s sponsor, said drilling in state parks can help erase a projected $8 billion budget deficit, and “keep our parks and our lakes up to the standards that the citizens of Ohio want.”

But the evidence proves contrary. Since 2005, large amounts of radioactive material have been found in water supplies near fracking sites, many Pennsylvanians have gotten sick, the tap water in homes near fracking sites have caught on fire, and a home in Celveland, Ohio blew up.

Responding to the threat fracking imposes on public health, Congress has directed the EPA to study how fracking affects drinking water. Reps. Diana Degette (D-CO) and Jared Polis (D-CO) have reintroduced the Fracturing Responsibility and Awareness of Chemicals Act, which would restore the EPA’s authority to regulate fracking — effectively closing the “Halliburton loophole.”

Paul Breer

Economy

Sen. Ben Nelson Co-Sponsors Bill To Repeal Dodd-Frank Provision He Voted For

As part of the Dodd-Frank financial reform law, the Federal Reserve has been directed to implement a cap on what are known as interchange fees — the fees that banks charge retailers to process debit card transactions. This cap was added to Dodd-Frank via an amendment proposed by Sen. Dick Durbin (D-IL) that passed by a 64-33 vote.

The Fed has proposed capping the fees at 12 cents, far below the current 44 cents per transaction that the banks charge. This has led the banks to launch an all-out lobbying campaign to delay (and ultimately repeal) the Durbin amendment. Yesterday, nine senators introduced legislation to delay the new rules for two years, presumably giving the banks ample time to cajole lawmakers into repealing the cap altogether:

Five of the nine senators who co-sponsored Tuesday’s legislation opposed the debit fee limits when Senator Richard J. Durbin of Illinois pushed the original legislation through the Senate last year…Only one co-sponsor voted in favor of the amendment, and the other three co-sponsors were not Senate members at the time.

That one co-sponsor who affirmatively voted for the Durbin amendment last year, but is now trying to delay its implementation, is Sen. Ben Nelson (D-NE). Sen. Jon Tester (D-MT), who is leading the charge to delay the Durbin amendment, said, “I think there is a little bit of buyers’ remorse as I talk to senators in the hallway.”

As the Roosevelt Institute’s Mike Konczal pointed out, “interchange rates in the United States are among the highest, if not the highest, in the developed world.” The fees have grown by more than 300 percent in the last decade. It’s worth noting that the American Banker’s Association applauded the effort to block the new regulation.

The cap would cost the nation’s biggest banks — and therefore save retailers, large and small — about $14 billion in fees per year. “The proposed regulations will benefit consumers by lowering the billions of dollars annually in non-negotiable swipe fees paid by merchants to large banks and the dominant credit card networks,” said Ed Mierzwinski of U.S. Public Interest Research Groups. Nelson last year agreed that this step to rein in the big banks needed to be taken. What changed between then and now?

Yglesias

Green Chernobyl

Kevin Drum tries to drive home exactly how counterintuitive it is that big cities are environmentally friendly:

Here’s the thing: my guess is that virtually nobody in the country thinks that cities are greener places than towns or suburbs. And by “virtually nobody,” I mean maybe a few percent tops. For most people, it’s wildly counterintuitive on all sorts of levels to think of big, dirty, crowded, urban areas as “green.” It just doesn’t compute.

I’d been familiar with this result for a long time so it no longer feels counterintuitive to me. But I found myself reshocked by the flipside of this recently while reading up on nuclear catastrophes. It turns out that the portion of countryside most affected by radioactive fallout from the Chernobyl disaster is something of a thriving wildlife refuge. It’s not the best wildlife refuge in the world—there’s all the radiation to deal with—but compared to the average spot on the land area of Europe it’s extremely friendly to wildlife. And that’s not despite the radiation, it’s because of it. All the radiation keeps the people away, and people are terrible for wildlife.

The point isn’t that we should welcome radioactive fallout. The point is just that there are major ecological benefits of true wilderness—of places that aren’t sliced up by roads and terraformed for human convenience. And the flipside of crowded urban areas is that leaves more genuinely vacant land. Something like a lawn or a golf course looks quite lush and green, but people don’t want wolves on their lawn. By contrast, “species not seen for decades, such as the lynx and eagle owl, began to return” to the Chernobyl area once the people left.

Alyssa

Golden Age

I won’t have much to say about either Hobgoblin, Michael Chabon and Ayelet Waldman’s upcoming magicians-and-con-men-fight-the-Nazis project for HBO, or Salman Rushdie’s even vaguer-sounding pilot for Showtime until I know more about either one. But I’m glad we’re at a point where television is as desirable a high art form for internationally-regarded authors to pursue as novels or film.

I think the big question is how all three authors will pull off not just plot, which they’re all good at, but dialogue. I think Chabon and Rushdie have a similar tendency towards the grand, the too-perfectly witty, and I’m not always sure how that translates. Authors like Dennis Lehane or George Pelecanos have a smaller aperture than Chabon and Rushdie, who see the potential for magic and miracle everywhere. But they also have a finer sense of how humans really do talk to each other, not simply how they would in a world where everyone was preternaturally clever.

Climate Progress

As Japans nuclear crisis intensifies, China suspends all new nuclear plants

UPDATE 4:03 PM:  “U.S. Calls Radiation ‘Extremely High’ …:  The chairman of the United States Nuclear Regulatory Commission gave a significantly bleaker appraisal of threat posed by the Japanese nuclear crisis than the Japanese government, saying on Wednesday that the damage at one crippled reactor was much more serious than Japanese officials had acknowledged and advising to Americans to evacuate a wider area around the plant than ordered by the Japanese government.”

… the Fukushima Daiichi plant, seen in a satellite photo at 9:35 a.m. Wednesday.

Japan’s nuclear crisis intensified on Wednesday after the authorities announced that a second reactor unit at the stricken Fukushima Daiichi plant in northeastern Japan may have ruptured and appeared to be releasing radioactive steam.

The break, at the No. 3 reactor unit, worsened the already perilous conditions at the plant, a day after officials said the containment vessel in the No. 2 reactor had also cracked.

That’s from the 1 pm EDT NY Times banner story,  ”Peril and Confusion at Nuclear Plant.“  Here’s more:

Read more

Politics

FL GOP Rep. Says 11-Year-Old Was Gang Raped ‘Because She Was Dressed Like A 21 Year-Old Prostitute’

A Florida state house subcommittee passed a bill — the so-called “Sagging Pants” bill — that would require state school districts to adopt a dress code that prohibits students from “wearing clothing that exposes underwear or body parts in an indecent or vulgar manner.” “This would make for a better school district and more productive students,” said the bill’s sponsor Rep. Hazelle Rogers (D). Referring to a horrific story of an 11-year old girl in Texas being gang raped by as many as 17 men and boys, GOP florida lawmaker Kathleen Passidomo — taking a page from Fox News host Bill O’Reilly’s book — applauded the measure with an offensive justification:

There was an article about an 11 year old girl who was gangraped in Texas by 18 young men because she was dressed up like a 21-year-old prostitute. And her parents let her attend school like that. And I think it’s incumbent upon us to create some areas where students can be safe in school and show up in proper attire so what happened in Texas doesn’t happen to our students.

“Whoa!” wrote the Broward/Palm Beach New Times’ Brandon Thorp, of Passidomo’s blame the victim approach. Thorp added, “Blaming the rape of an 11-year-old girl on her parents’ sense of fashion — and to do so out loud — smacks of rank amateurism.” A St. Petersburg Times blog reported that “No one commented on that line of reasoning” at the subcommittee hearing. The young Texas girl is currently being held in foster care and her parents are living in an undisclosed location fearing for their safety.

Update

A reader informs ThinkProgress that when asked about her statement, Passidomo responded, “Thank you for your concern, I was not referring to my own opinion to the cause of the rape, but to the cause implied by a March 8th article of the New York Times.”

Yglesias

The Nuclear Stakes

As I said before, I don’t want to be the pro-nuclear guy in the energy debate, but this kind of thing makes me nervous:

In the most dramatic move, German Chancellor Angela Merkel announced Tuesday that all seven of the country’s nuclear power plants built before 1980 would be shut down, at least for now, as safety checks are conducted. The decision came one day after the government, facing strong public opposition to nuclear energy ahead of upcoming regional elections, suspended plans to extend the life of its aging plants.

Switzerland, with five reactors, announced Monday that it would freeze plans to build or replace nuclear power plants, and Austria called for new stress tests on plants across Europe.

Some people responded to my earlier posts by saying “sure, fossil fuels are terrible, but that doesn’t mean nuclear is good—we need real clean energy.” And I agree, we do need real clean energy. And if what was happening here is that the German government was announcing a visionary plan to transform Europe to a renewable energy utopia, I’d be clapping. But if what actually happens is just that people say “yikes!” and clamp down on nuclear then that really just further entrenches the status quo. As Kevin Drum said the other day what needs to happen is for us to start pricing the externalities of fossil fuel use. With that done, I have no particular inclination to engage in further nuclear cheerleading. But reacting to Japan by burning more coal and pumping more oil isn’t any kind of progress.

Justice

The Constitution Forbids Michigan’s Governor From Using His Anti-Union Power Grab

Michigan Main Street Movement Protesters March Against Gov. Snyder's "Financial Martial Law" Bill

Although Wisconsin Gov. Scott Walker’s (R) anti-union crusade has received the biggest headlines, Michigan Gov. Rick Snyder (R) is poised to sign an even more drastic assault on working Americans into law. Yesterday, the Michigan legislature passed a “financial martial law” bill that allows Snyder to appoint “emergency financial managers” with the power to terminate collective bargaining agreements:

Contracts & Collective Bargaining Agreements. The bill would authorize the emergency manager to reject, modify, or terminate one or more terms and conditions
of an existing contract.

After meeting and conferring with the appropriate bargaining representative and, if in the emergency manager’s sole discretion, a prompt and satisfactory resolution were unlikely to be obtained, the emergency manager could reject, modify, or terminate one or more terms and conditions of an existing collective bargaining agreement.

There’s a pretty serious problem with this power grab, however — invoking it would violate the Constitution. The Constitution forbids state laws “impairing the Obligation of Contracts.” This provision provides a robust limit on a state’s ability to dissolve contracts between the government and a private party. As the Supreme Court explained in United States Trust Co. v. New Jersey, state laws impairing such contracts must be “reasonable and necessary to serve an important public purpose.”

The bill does contain some language requiring the emergency manager and the state treasurer to determine that they are not violating this constitutional limit before a collective bargaining agreement can be blown up, but Snyder’s own budget gives the lie to any claim that an assault on working Americans is “necessary” to ensure that Michigan governments can pay their bills. Snyder proposed a massive $1.73 billion business tax cut even as he was arguing that his anti-union power grab was necessary to restore the state’s fiscal balance.

The consequences of Snyder’s actions could be stark. If a state is free to break contracts whenever they feel like it, than no one will agree to do business with the state. Investors will refuse to buy the state’s bonds, and state contractors will demand all payments upfront out of fear that the state will accept their work and then tear up the contract requiring the workers to be paid. Creditors will charge the state enormous interest rates to secure against the risk that the state will just waive its hand and make its obligation to repay go away.

In other words, Snyder is so determined to chip away at collective bargaining, he’s demanded a power that he cannot constitutionally use and that would drive his state into an even deeper financial hole if he ever tried.

Cross-posted on ThinkProgress.

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