by Walter Brasch

End Eminent Domain Abuse

Julia Trigg Crawford of Direct, Texas, is the manager of a 650-acre farm that her grandfather first bought in 1948. The farm produces mostly corn, wheat, and soy. On its north border is the Red River; to the west is the Bois d’Arc Creek.

TransCanada is an Alberta-based corporation that is building the controversial Keystone Pipeline that will carry bitumen—thicker, more corrosive and toxic, than crude oil—through 36-inch diameter pipes from the Alberta tar sands to refineries on the Gulf Coast, mostly to be exported. The $2.3 billion southern segment, about 485 miles from Cushing, Okla., to the Gulf Coast is nearly complete. With the exception of a 300-mile extension between Cushing and Steele City, Neb., the rest of the $7 billion 1,959 mile pipeline is being held up until President Obama either succumbs to corporate and business pressures or blocks the construction because of environmental and health concerns.

When TransCanada first approached Crawford’s father in 2008, and offered to pay about $7,000 for easement rights, he refused, telling the company, “We don’t want you here.” He said the corporation could reroute the line, just as other pipeline companies in oil-rich Texas had done for decades. TransCanada increased the offer in the following years, but the family still refused. In August 2012, with Dick Crawford’s daughter, Julia Trigg Crawford now managing the farm, TransCanada offered $21,626 for an easement—and a threat. “We were given three days to accept their offer,” she says, “and if we didn’t, they would condemn the land and seize it anyway.” She still refused.

And so, TransCanada, a foreign corporation exercised the right of eminent domain to seize two acres of the farm so it could build a pipeline.

Governments may seize private property if that property must be taken for public use and the owner is given fair compensation. Although the exercise of eminent domain to seize land for the public good is commonly believed to be restricted to the government, federal law permits natural gas companies to use it. To get that “right,” all TransCanada had to do was fill out a one-page form and check a box that the corporation to declare itself to be a “common carrier.” The Railroad Commission, which regulates oil and gas in Texas, merely processes the paper, rather than investigates the claim; it has admitted it has never denied “common carrier” status. In the contorted logic that is often spun by corporations, TransCanada then declared itself to be a common carrier because the Railroad Commission said it was, even though the Commission’s jurisdiction applies only to intrastate, not interstate, carriers.

On Aug. 21, 2012, the day before Judge Bill Harris of Lamar County rendered his decision on Crawford’s complaint, the sheriff, with the judge’s signature, issued a writ of possession giving TransCanada the right to seize the land. The next day, Harris issued a 15-word decision, transmitted by his iPhone, that upheld TransCanada’s rights. In Texas, as in most states, the landowner can only challenge the settlement not the action.

Crawford’s refusal to sell is based upon a mixture of reasons. The Crawford Farm is home to one of the most recognized Caddo Nation Indian burial sites in Texas, and the 30 acre pasture that TransCanada wants to trench represents the southern most boundary of this archeological site. Both the Texas Historical Commission and TransCanada’s archeological firm concur that  the vast majority of this 30 acres pasture in question qualifies for the National Registry of Historic Places. An archeological dig undertaken after TransCanada showed up to seize the land recovered 145 artifacts in just a 1,200 foot by 20 foot section, and three feet deep. But the executive director of the Texas Historical Commission recently sent a letter stating that no new artifacts had been found in the slice of land TransCanada planned to build.

Another reason Crawford refused to be bought out was that she didn’t want TransCanada to drill under the Bois d’Arc Creek “where we have state-given water rights.” That creek irrigates about 400 acres of her land. “Any leak, she says, “would contaminate our equipment, and then our crops in minutes.” It isn’t unreasonable to expect there will be an incident that could pollute the water, air, and soil for several miles.

During the past decade, there were 6,367 pipeline incidents, resulting in 154 deaths, 540 injuries, and more than 56 injuries, and $4.7 billion in property damage, according to the federal Pipeline and Hazardous Materials Safety Administration. A report released a year ago by Cornell University’s Global Labor Institute concludes that economic damage caused by potential spills from the Keystone pipeline could outweigh the benefits of jobs created by the project. In the past three years, there have already been 14 spills on the operational parts of the Keystone Pipeline.
Read the rest of this entry →

by Walter Brasch

AUTHOR’S NOTE: This is a special Earth Day edition of my weekly social issues column, Wanderings. The information is from my latest book, Fracking Pennsylvania, an overall look at the nature and consequences of high-pressure horizontal hydraulic fracturing, known as fracking. Even if you are not a Pennsylvanian or living in the recent boom in the Marcellus Shale, fracking is destroying the health of people, livestock, pets, and wild animals; it is impacting the environment and ecological diversity. It is going on across the country, and is about to expand into the urban and agricultural areas of central California. If you don’t want your wine, lettuce, or hundreds of other fruits and vegetables to be methane-tinged or to hold traces of radioactive and toxic waste, you might wish to oppose the development of fracking in California. 

A brief history of natural gas in Pennsylvania, up through the fracking present day.

The history of energy exploration, mining, and delivery is best understood in a range from benevolent exploitation to worker and public oppression. A company comes into an area, leases or buys land in rural and agricultural areas for mineral rights, increases employment, usually during a depressed economy, strips the land of its resources, creates health problems for its workers and those in the immediate area, and then leaves.

It makes no difference if it’s timber, oil, coal, nuclear, or natural gas. All energy sources are developed to move mankind into a new era; all energy sources are developed to bring as much profit to corporations as quickly as possible, often by exploiting the workers.

Before the settlement of Pennsylvania in the 1680s, more than 20 million acres of forests covered almost all of the land. During the latter half of the nineteenth century, the lumber industry had clear-cut several million acres, leading Pennsylvania into an era that rivaled even the Gold Rush in California. By World War I, the companies had stripped the land, taken their profit, and then moved on, leaving devastation in their wake. Only when the people finally realized that destroying the forests led to widespread erosion and flooding did they begin to reforest the state. Almost a century after the lumber companies denuded the forests, the natural gas industry, with encouragement from the state, have leased more than 150,000 acres of forests for wells, pipelines, and roads.

Between 1859, when an economical method to drill for oil was developed near Titusville, Pa., and 1933, the beginning of Franklin D. Roosevelt’s “New Deal,” Pennsylvania, under almost continual Republican administration, was among the nation’s most corrupt states. The robber barons of the timber, oil, coal, steel, and transportation industries, enjoying and contributing to the Industrial Age of the 19th century, essentially bought their right to be unregulated. In addition to widespread bribery, the energy industries, especially coal, assured the election of preferred candidates by giving pre-marked ballots to workers, many of whom were immigrants and couldn’t read English.

When the coal companies determined underground mining was no longer profitable, they began strip mining, shearing the tops of hills and mountains to expose coal, causing environmental damage that could never be repaired even by the most aggressive reforestation program. Pennsylvania is the only state producing anthracite coal, and is fifth in the nation in production of all coal, behind Wyoming, Kentucky, West Virginia, and Texas.

John Wilmer, an attorney who formerly worked in the Pennsylvania Department of Environmental Protection (DEP), in a letter to the editor of The New York Times in March 2011, explained that “Pennsylvania’s shameful legacy of corruption and mismanagement caused 2,500 miles of streams to be totally dead from acid mine drainage; left many miles of scarred landscape; enriched the coal barons; and impoverished the local citizens.” His words are a warning about what is happening in the natural gas fields.

Read the rest of this entry →

José Lara just wanted a job.

A recent protest and blockade by Appalachia Resist! at a fracking waste site.

A company working in the natural gas fields needed a man to power wash wastewater tanks.

Clean off the debris. Make them shining again.

And so José Lara became a power washer for the Rain for Rent Co.

“The chemicals, the smell was so bad. Once I got out, I couldn’t stop throwing up. I couldn’t even talk,” Lara said in his deposition, translated from Spanish.

The company that had hired him didn’t provide him a respirator or protective clothing. That’s not unusual in the natural gas fields.

José Lara did his job until he no longer could work.

At the age of 42, he died from pancreatic and liver cancer.

Accidents, injuries, and health problems are not all that unusual in the booming natural gas industry that uses horizontal hydraulic fracturing, better known as fracking, to invade the earth in order to extract methane gas.

Of the 750 chemicals that can be used in the fracking process, more than 650 of them are toxic or carcinogens, according to a report filed with the U.S. House of Representatives in April 2011. Several public health studies reveal that homeowners living near fracked wells show higher levels of acute illnesses than homeowners living outside the “Sacrifice Zone,” as the energy industry calls it.

In addition to toxic chemicals and high volumes of water, the energy industry uses silica sand in the mixture it sends at high pressure deep into the earth to destroy the layers of rock. The National Institute for Occupational Health and Safety (NIOSH) issued a Hazard Alert about the effects of crystalline silica. According to NIOSH there are seven primary sources of exposure during the fracking process, all of which could contribute to workers getting silicosis, the result of silica entering lung tissue and causing inflammation and scarring.  Excessive silica can also lead to kidney and autoimmune diseases, lung cancer, tuberculosis, and Chronic Obstructive Pulmonary Disease (COPD). In the Alert, NIOSH pointed out that its studies revealed about 79 percent of all samples it took in five states exceeded acceptable health levels, with 31 percent of all samples exceeding acceptable health levels by 10 times. However, the Hazard Alert is only advisory; it carries no legal or regulatory authority.

In addition to the normal diesel emissions of trucks and trains, there are numerous incidents of leaks, some of several thousand gallons, much of which spills onto roadways and into creeks, from highway accidents of tractor-trailer trucks carrying wastewater and other chemicals.

The process of fracking requires constant truck travel to and from the wells, as many as 200 trips per day per well. Each day, interstate carriers transport about five million gallons of hazardous materials. Not included among the daily 800,000 shipments are the shipments by intrastate carriers, which don’t have to report their cargo deliveries to the Department of Transportation. “Millions of gallons of wastewater produced a day, buzzing down the road, and still nobody’s really keeping track,” Myron Arnowitt, the Pennsylvania state director for Clean Water Action, told AlterNet.

Drivers routinely work long weeks, have little time for rest, and hope they’ll make enough to get that house they want for their families.

But fatigue causes accidents. And contrary to industry claims, workers don’t always wear protective gear when around toxic chemicals they put into the earth, and the toxic chemicals they extract from the earth. Or the toxic chemicals they drive on public roads.

Read the rest of this entry →

by Walter Brasch

There was a lot of news this past week.

News

Some of it was even reported by the news media.

First, there was a football player from Notre Dame who either did or didn’t know that his girlfriend was or wasn’t real, but died sometime during the season. Six column headlines for several days announced the fraud. Network news and talk show hosts rehashed it almost daily.

Two weeks ago, Lance Armstrong admitted he was a dope. Or maybe he just took dope. The news media kept sending urgent flashes all week of what he was going to tell Oprah. And then he told Oprah, and now we’ll be reading stories about it until Schwinn adds a jet engine to a 3-speed.

Subway is accused of making foot-long hoagies that are 11 inches, a problem that the executives wisely didn’t say was due to shrinkage in cold weather. The media seized this major fraud and, ignoring anything Congress or Wall Street was doing, slathered layers of hype on a story that should have died with three paragraphs in one day.

Of course, there was the inauguration. That became another way for bloviators and pretend-journalists to push their own agendas. They told us how unpopular this President is—attendance was way down from the first inauguration. Only 500,000 attended.  They didn’t tell us that second inaugurations always have much fewer people watching them in person than first inaugurations. And, that figure of 500,000? A little short of the actual number of one million. They said the inauguration was over-long and overpriced, although most of it was paid for by private donations. Something they didn’t mention was that the costs and day’s activities were about the same as for the previous president, and most presidents of the latter 20th century—Democrat or Republican.

Some of these pundits suggested that the President didn’t have a mandate, although he easily won by more than five million votes, and a near landslide in the Electoral College. A few of the more extreme even suggested he had stolen the election—how else could he have won over the nice businessman who bought and sold companies and helped improve the economy of Switzerland and the Canary Islands?

For the rest of the networks, the focus was on a constant blather of what would Michelle Obama be wearing. Whose dress? Whose gloves? This, of course, was mixed into all kinds of gushes and comments about her new ’do. You know, the one that had bangs. The day after the inauguration, the media was all over the story of the Beyoncé kerfuffle. Did she or didn’t she lip synch the National Anthem? Truly great news coverage there.

Hillary Clinton testified before the Congressional Inquisition of Televised Republicans trying to make their bones to either enhance their own chances for re-election or to block what they think may be her plan to run for the presidency in 2016. This would be some of the same people who thought she was faking a concussion to avoid testifying in the first place.

The Eastern Sports and Outdoor Show, scheduled for Harrisburg, Pa., Feb. 2–10 was cancelled this past week. The Expo is the largest in North America, but the organizers decided that in the wake of the Newtown murders, they would put a temporary moratorium on the sale of military-style assault weapons because they believed “the presence of MSRs [military style rifles] would distract from the theme of hunting and fishing, disrupting the broader experience of our guests.” Only a dozen or so of the 1,200 vendors were affected; most were selling clothes, rifles, turkey calls, tents, and anything related to outdoor sports. But, one by one vendors, the media, and dozens of celebrities—all with NRA encouragement and support—decided not to attend, somehow believing that a hunting and fishing exhibition that didn’t allow the purchase of assault weapons was somehow anti-American and gave a message that those who did attend were opposed to the Second Amendment. The Harrisburg Patriot-News reported that the cancellation led to a loss of $43 million in the local economy.

More than 32,000 will die from gun violence by the end of the year, according to the Brady Center. This past week, 78 Americans, including four pre-teens, died from gun violence. And, during this past week, as has been the case for hundreds of previous weeks, the NRA leadership, with the egos of a gang of schoolboys who overdosed on testosterone, continue to defy all attempts to reach sensible solutions to allow the purchase of guns, yet reduce the violence.

A 38-year-old sergeant died from wounds received near Kabul, Afghanistan. The U.S. had invaded Afghanistan to find Osama bin Laden, but he became a lower priority less than a year later. The Bush–Cheney administration almost abandoned the war in Afghanistan and turned to Iraq. More than 7,600 American and allied soldiers were killed, and more than 50,000 wounded in both wars. President Obama, fulfilling a campaign promise, ended the war in Iraq and is months from ending the one in Afghanistan.

Senate Majority Leader Harry Reid (D-Nev.) who numerous times promised to reign in the abuse of the filibuster that blocked any meaningful legislation or presidential appointments, turned wimp this past week. He and minority leader Mitch McConnell (R-Ky.), who once vowed his top priority was solely to prevent Barack Obama from serving a second term, may have been last seen hugging, kissing, and preparing to be married in Massachusetts.

This past week, the stock market hit new records, and it looks President Obama may receive some of the credit for helping to stop the Great Recession, something that upsets Republicans, delights Democrats, and has no meaning to anyone homeless or unemployed.

Yes, there was a lot of news this past week. Some of it may some day actually be reported.

Dr. Brasch’s latest book is Fracking Pennsylvania: Flirting With Disaster. It is available from www.greeleyandstone.com at a pre-publication discount.]
Read the rest of this entry →

by WALTER BRASCH

(photo: Bosc d'Anjou/flickr)

Politics continues to threaten the health and welfare of Pennsylvanians.

The latest is how the Republican-dominated legislature and Gov. Tom Corbett separated one of the wealthiest and more high-tech/industrial areas of the state from the rural areas.

Less than a week before the 2011–2012 fiscal year budget was scheduled to expire, June 30, the majority party slipped an amendment into the 2012–2013 proposed budget, (SB1263), to ban natural gas drilling in a portion of southeastern Pennsylvania for up to six years. The South Newark Basin includes portions of Bucks, Montgomery, and Berks counties, and could provide at least 360 billion cubic feet of natural gas, according to estimates by the United States Geologic Survey.

Only an e-mail blast by anti-fracking activist Iris Marie Bloom and a short AP story the day before the budget was passed alerted Pennsylvanians to the amendment that gives special consideration to the suburban areas of Philadelphia.

High volume horizontal hydraulic fracturing, commonly known as fracking, is a process that injects under heavy pressure as much as 10 million gallons of water, sand, gases, and chemicals, many of them known carcinogens, into a rock formation as much as 10,000 feet below the earth’s surface to open channels and force out natural gas and fossil fuels. However, numerous studies have concluded that the process of fracking to extract natural gas poses significant problems to the health of citizens and their environment.

In his first budget address, Corbett declared he wanted to “make Pennsylvania the hub of this [drilling] boom. Just as the oil com­pa­nies decided to headquarter in one of a dozen states with oil, let’s make Penn­syl­va­nia the Texas of the nat­ural gas boom.”

The push by Corbett and the Republicans in the Legislature that led to the enactment of the highly-controversial Act 13 to open gas drilling was possibly not only because they favor corporate development but because it was also payback for extensive campaign contributions by the natural gas industry. Corbett had taken more than $1.6 million in contributions from persons and PACs associated with the natural gas industry, according to data compiled by Common Cause.
Read the rest of this entry →

by WALTER BRASCH

(Part 1 of 3)

A new Pennsylvania law endangers public health by forbidding health care professionals from sharing information they learn about certain chemicals and procedures used in high volume horizontal hydraulic fracturing. The procedure is commonly known as fracking.

Fracking is the controversial method of forcing water, gases, and chemicals at tremendous pressure of up to 15,000 pounds per square inch into a rock formation as much as 10,000 feet below the earth’s surface to open channels and force out natural gas and fossil fuels.

Advocates of fracking argue not only is natural gas “greener” than coal and oil energy, with significantly fewer carbon, nitrogen, and sulfur emissions, the mining of natural gas generates significant jobs in a depressed economy, and will help the U.S. reduce its oil dependence upon foreign nations. Geologists estimate there may be as much as 2,000 trillion cubic feet of natural gas throughout the United States. If all of it is successfully mined, it could not only replace coal and oil but serve as a transition to wind, solar, and water as primary energy sources, releasing the United States from dependency upon fossil fuel energy and allowing it to be more self-sufficient.

The Marcellus Shale—which extends beneath the Allegheny Plateau, through southern New York, much of Pennsylvania, east Ohio, West Virginia, and parts of Maryland and Virginia—is one of the nation’s largest sources for natural gas mining, containing as much as 500 trillion cubic feet of natural gas, and could produce, within a decade, as much as one-fourth of the nation’s natural gas demand.  Each of Pennsylvania’s 5,255 wells, as of the beginning of March 2012, with dozens being added each week, takes up about nine acres, including all access roads and pipe.

Over the expected lifetime of each well, companies may use as many as nine million gallons of water and 100,000 gallons of chemicals and radioactive isotopes within a four to six week period. The additives “are used to prevent pipe corrosion, kill bacteria, and assist in forcing the water and sand down-hole to fracture the targeted formation,” explains Thomas J. Pyle, president of the Institute for Energy Research. However, about 650 of the 750 chemicals used in fracking operations are known carcinogens, according to a report filed with the U.S. House of Representatives in April 2011. Fluids used in fracking include those that are “potentially hazardous,” including volatile organic compounds, according to Christopher Portier, director of the National Center for Environmental Health, a part of the federal Centers for Disease Control. In an email to the Associated Press in January 2012, Portier noted that waste water, in addition to bring up several elements, may be radioactive. Fracking is also believed to have been the cause of hundreds of small earthquakes in Ohio and other states. Read the rest of this entry →

by WALTER and ROSEMARY BRASCH

 In January 2009, with a new president about to be inaugurated, we wrote a column about the stories we preferred not having to write, but knew we would. Three years later, we are still writing about those problems; three years from now, we’ll still be writing about them.

We had wanted the U.S. Department of the Interior to stop the government-approved slaughter of wild horses and burros in the southwest, but were disappointed that the cattle industry used its money and influence to shelter politicians from Americans who asked for compassion and understanding of  breeds that roamed freely long before the nation’s “Manifest Destiny.”

We wanted to see the federal government protect wolves, foxes, and coyotes, none of whom attack humans, have no food or commercial value, but are major players in environmental balance. But, we knew that the hunting industry would prevail since they see these canines only as competition.

We wanted to see the Pennsylvania legislature stand up for what is right and courageously end the cruelty of pigeon shoots. But, a pack of cowards left Pennsylvania as the only state where pigeon shoots, with their illegal gambling, are actively held.

For what seems to be decades, we have written against racism and bigotry. But many politicians still believe that gays deserve few, if any, rights; that all Muslims are enemy terrorists; and publicly lie that Voter ID is a way to protect the integrity of the electoral process, while knowing it would disenfranchise thousands of poor and minority citizens.

We will continue to write about the destruction of the environment and of ways people are trying to save it. Environmental concern is greater than a decade ago, but so is the ignorant prattling of those who believe global warming is a hoax, and mistakenly believe that the benefits of natural gas fracking, with well-paying jobs in a depressed economy, far outweigh the environmental, health, and safety problems they cause.

We will continue to write against government corruption, bailouts, tax advantages for the rich and their corporations, governmental waste, and corporate greed. They will continue to exist because millionaire legislators will continue to protect those who contribute to political campaigns. Nevertheless, we will continue to speak out against politicians who have sacrificed the lower- and middle-classes in order to protect the one percent.

We will continue to write about the effects of laying off long-time employees and of outsourcing jobs to “maximize profits.” Until Americans realize that “cheaper” doesn’t necessarily mean “better,” we’ll continue to explain why exploitation knows no geographical boundaries.

The working class successfully launched major counter-attacks against seemingly-entrenched anti-labor politicians in Wisconsin, Ohio, and other states. But these battles will be as long and as bitter as the politicians who deny the rights of workers. We will continue to speak out for worker rights, better working conditions, and benefits at least equal to their managers. We don’t expect anything to change in 2012, but we are still hopeful that a minority of business owners who already respect the worker will influence the rest.

There are still those who believe education is best served by programs manacled by teaching-to-the-test mentality, and are more than willing to sacrifice quality for numbers. We will continue to write about problems in the nation’s educational system, especially the failure to encourage intellectual curiosity and respect for the tenets of academic integrity.

Against great opposition, the President and Congress passed sweeping health care reform. But, certain members of Congress, all of whom have better health care than most Americans, have proclaimed they will dismantle the program they derisively call “Obamacare.”

During this new year, we will still be writing about the unemployed, the homeless, those without adequate health coverage—and against the political lunatics who continue to deny Americans the basics of human life, essentials that most civilized countries already give their citizens.

We had written forcefully against the previous president and vice-president when they strapped on their six-shooters and sent the nation into war in a country that posed no threat to us, while failing to adequately attack a country that housed the core of the al-Qaeda movement. We wrote about the Administration’s failure to provide adequate protection for the soldiers they sent into war or adequate and sustained mental and medical care when they returned home. The War in Iraq is now over, but the war in Afghanistan continues. The reminder of these wars will last as long as there are hospitals and cemeteries.

We had written dozens of stories against the Bush–Cheney Administration’s belief in the use of torture and why it thought it was necessary to shred parts of the Constitution. We had hoped that a new president, a professor of Constitutional law, would stop the attack upon our freedoms and rights. But the PATRIOT Act was extended, and new legislation was enacted that reduces the rights and freedoms of all citizens. At all levels of government, Constitutional violations still exist, and a new year won’t change our determination to bring to light these violations wherever and whenever they occur.

The hope we and this nation had for change we could believe in, and which we still hope will not die, has been minced by the reality of petty politics, with the “Party of No” and its raucous Teabagger mutation blocking social change for America’s improvement. We can hope that the man we elected will realize that compromise works only when the opposition isn’t entrenched in a never-ending priority not of improving the country, but of keeping him from a second term. Perhaps now, three years after his inauguration, President Obama will disregard the disloyal opposition and unleash the fire and truth we saw in the year before his election, and will speak out even more forcefully for the principles we believed when we, as a nation, gave him the largest vote total of any president in history.

We really want to be able to write columns about Americans who take care of each other, about leaders who concentrate upon fixing the social problems. But we know that’s only an ethereal ideal.  So, we’ll just have to hope that the waters of social justice wear down, however slowly, the jagged rocks of haughty resistance.

[Dr. Walter Brasch is an award-winning social issues columnist, former newspaper investigative reporter and editor, and journalism professor. His latest book is Before the First Snow, a social issues mystery novel. Rosemary Brasch is a former secretary, Red Cross national disaster family services specialist, labor activist, and university instructor of labor studies.]