Water shortage: the million dollar question about Invenergy’s new power plant


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Invenergy’s Clear River Energy Center (CREC), the new fossil fuel power plant proposed in Burrillville, is likely to cause future water shortages, according to state documents obtained by Fossil Free Rhode Island. The power plant may cause such shortages unless the communities relying for their water supply on the Clear River basin forfeit future growth. If not, they risk running out of water during future hot and humid summer days when the demand for electricity is high and rivers run low.

According to a presentation at a meeting about CREC attended by several state agencies, 0.18 MGD (million of gallons of water per day) will be left for growth if the power plant is built.  June Swallow of the Center for Drinking Water Quality at the Rhode Island Department of Health attended the meeting.  Her longhand notes show that Harrisville and Pascoag each are expected to need 0.12 MGD for growth.  This suggests a deficit of 0.24 MGD – 0.18 MGD = 0.06 MGD.

Invenergy is one of the largest corporations in the growing “clean energy” business.  Of course, the Clean Power Plan, the US implementation of the Paris Agreement, not only fails to reduce greenhouse gas emissions.  It also does irreparable harm to fracked communities and the environment by polluting air and groundwater.

LowWaterGambleThese may not be issues the people of Burrillville have direct control, but they should be aware of the water supply problems that may come with the megawatt power plant proposed by Invenergy.

Water usage has received some attention, but the question has not been addressed transparently, while public disclosure and discussion have been in short supply.

As Invenergy’s proposal states:

Water supplied to the Facility will be provided from the Pascoag Utility District (PUD) by re-activation and treatment of a currently inactive PUD groundwater well that became contaminated in 2001 by an off-site contamination source. As a result of this well-documented groundwater contamination event, PUD was forced to terminate is use of its primary well water supply and interconnect its water supply system with the Harrisville Fire District (HFD) to meet the requirements of its customers for potable water.

To find out what the Raimondo administration is planning, Fossil Free Rhode Island filed requests for documents under Rhode Island’s Access to Public Records Act.  Such requests for information went to the Departments of Environmental Management (RIDEM) and Health, to the Water Resources Board (WRB), and to the Offices of the Governor and of Energy Resources.

As many have noticed, the Raimondo administration, following the lead of its federal Big Brother, is rather secretive.  Indeed, the administration responded for the most part by withholding documents based on an overly broad interpretation of what information is exempt from disclosure.

Although, Fossil Free RI made some progress lifting the veil of secrecy, RIDEM and the WRB must have better and more detailed data than present in the documents obtained so far.  Such information is available from their Streamflow Depletion Methodology.

Water resource management is complex and there is ample opportunity for debate.  There is, for instance, the problem that water resource projections require somewhat arbitrary choices as to what is the relevant watershed. Rivers have tributaries, which in turn have tributaries, and so on, just as in this nursery rhyme:

Big fleas have little fleas,
Upon their backs to bite ’em,
And little fleas have lesser fleas,
and so, ad infinitum.

As one increases the size of the watershed, one decrease the shortage problem, but the number of impacted communities increases.

However this may be, and even without considering the lingering issue of  the MTBE contamination of the Pascoag wells, the water supply raises important questions:

  • Are the Burrillville Town Council and its planner aware of the implications of the power plant for their future? How about the townspeople and nearby communities?
  • How does a potential water shortage feature in the tax negotiations of the Burrillville town council with Invenergy?
  • Can the Burrillville Town Council refuse permission to Invenergy to construct the required water supply pipeline?
  • Why is this issue not addressed in this letter from the Burrilville’s town solicitor to the town manager.
  • Does the Pascoag Utility District need approval of  an amended and extended water management plan in accordance with the Water Resources Board’s Rules and Procedures for Water Supply System Management Planning?
  • If so, will there be an opportunity for public comment and if so when?

There is another serious concern about good government. Rhode Island state law provides the WRB with the authority to allocate water among all users, one of which is the environment.  Fossil Free RI’s request for public documents has made it painfully clear that this pivotal agency has been reduced to a shadow of its former self.  It is no secret that this is due to underfunding.

WRB staff web page on May 5, 2016.
WRB staff web page on May 5, 2016.

Indeed, an email with a request for documents to the WRB’s chief of staff, Ken Burke, resulted in an automatic reply with the message that he no longer works for the agency.  Also the position of the supervising engineer seems to be vacant.  Obviously, the funding situation is so bad that the WRB even lacks staff to update its web page.

The people of northwest Rhode Island are entitled to a public process with full disclosure. They have to the right to be informed on how much water is available to their community and  how developments such as CREC will impact their future.  The WRB is a vital, yet clearly dysfunctional element of this process.
NoNewPowerPlant

In response to Fossil Free RI’s request for infomation, the Division of Legal Services of the Department of Administration, which now seems to represent the WRB, sent a handful of irrelevant documents.  In contrast, RIDEM responded with a past-deadline request for a twenty-days extension because of the “voluminous nature” of the material requested.

The inconsistency of these responses all by itself speaks volumes, but the most “entertaining” response came from the Office of the Governor:

Thank you for emailing Governor Raimondo!

Governor Raimondo is committed to open, accessible and accountable government.

The Governor’s Office made good on this commitment by sending Fossil Free RI a mountain of documents completely unrelated to the request.

Scenes from a Verizon picket line


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Today on the prompting of Lauren Niedel, the Rhode Island State Representative for the Bernie Sanders campaign, I took a tour of various picket lines featuring striking Verizon workers. The day proved to be very educational in a variety of ways.

Over the past few weeks, I have ridden by Verizon pickets on a regular basis. Here is what happened one day when the marchers protested around a van with scab labor inside parked behind the central branch of the Providence Public Library.

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I began the day at a coffee shop where Jobs With Justice’s Mike Araujo came in with his family. We are neighbors and friendly enough that we had a brief chat where he expressed pleasure at the idea of Sanders supporters marching the picket lines with workers, that the movement was using his candidacy as opposed to the other way around. This expresses something that is important to articulate, the fact that there are no disparate protest efforts, there is one movement. It has a long and interesting history here in Rhode Island where it has been called many names but it has always been one, organic, cohesive striving towards social and economic justice.

From the days when Moses Brown began to agitate for the abolition of slavery and when Thomas Dorr began to do the same for poor workers who wanted voting rights, it has existed in a continuity and been called the suffrage movement, the labor movement, the Old and New Left, the black liberation and civil rights struggles, the feminist movement, LGBTQQI rights, ACT-UP, the anti-globalization, anti-GMO organic food farmer markets, #BlackLivesMatter, the environmental and anti-fracking movement, all these and more are part of a whole.

Araujo often talks about how labor is like the Catholic Church, once you are a worker you are in forever, and while I loathe the tendency to equate politics with religion by default because it fails to say that the movement uses religion, as in the case of the Quakers, Malcolm X, or Liberation Theology, he is correct in more than one way. Like the Catholic Church, the movement also has an existence reaching farther back in time than to the life of Karl Marx or whatever persona can be selected from history because, at its core, it is not an individualist movement, it depends on diversity and multiplicity of the masses and in that sense today was, in my mind, indicative of its vibrancy.

Providence
Providence
Smithfield
Smithfield

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North Kingstown
North Kingstown
Warwick
Warwick
2016-05-07 14.42.57
Verizon stores have been losing business due to the strike.

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Human Rights Watch finds evidence of Textron cluster bomb in Yemen


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Focusing more sharply on Textron, a new Human Rights Watch report calls on the United States government and the Rhode Island-based conglomerate to stop selling cluster bombs. The report offers fresh evidence the Textron-made weapons – banned by 119 nations but not by the US – were used by Saudi Arabian forces in Yemen, injured civilians and malfunction more frequently than US trade law allows.

textron cluster bomb from yemen
“HRW staff photographed remnants from the attack showing markings indicating a manufacture date of July 2012 by Textron,” Human Rights Watch Arms Advocacy Director Mary Wareham told RI Future about this photo.

“The United States should cease its production and transfer of cluster munitions to conform with the widely accepted international ban on the weapons,” says the HRW report.  Textron spokesman David Sylvestre declined to comment.

Textron-made cluster bombs injured a woman and two children in December, 2015 and two civilians in April, 2015, according to the report. HRW documents six separate locations where unexploded cluster bombs were found, most recently in February of this year.

The report also contains new proof that Textron-made cluster bombs malfunction more often than US trade law allows. US export law prohibits the use of cluster bombs in populated areas and only allows the sale of cluster bombs that malfunction less than 1 percent of the time, a rate HRW says Textron’s cluster bombs have not complied with.

“Following multiple attacks in Yemen, it is now obvious that Sensor Fuzed Weapons are not the ‘reliable’ or ‘intelligent’ cluster munitions they have been promoted as,” said Steve Goose, arms director at Human Rights Watch and chair of the Cluster Munition Coalition, the international coalition working to eradicate cluster munitions. “The US should cease production and transfer of these weapons following the evidence of their failures and their use in and near civilian areas and should join the international ban on cluster munitions.”

RI Future reporting on Textron and Rhode Island grassroots activism targeting Textron is cited in the HRW report.

In an RI Future article on February 24, 2016, a Textron spokesperson, David Sylvestre, asserted that the company cannot be held liable if the weapons are misused, reportedly stating: “We’re not in the plane dropping the bomb. If it was dropped in an area that is perhaps too close to a civilian population, that is not supposed to happen.” The report said that he affirmed that CBU-105 Sensor Fuzed Weapons are provided to the US military for delivery to foreign recipients, stating: “No company can put that on a boat and deliver it to a foreign government.”

Sylvestre described the CBU-105 Sensor Fuzed Weapons as “intelligent” munitions and said: “They are not intended to target human beings at all…. They are made to target armored-vehicles.” None of the CBU-105 attacks documented by Human Rights Watch in Yemen have involved armored vehicles nor have any damaged or destroyed armored vehicles been documented at the strike locations.

During an April 19 demonstration at Textron’s corporate headquarters in Providence, Rhode Island, Textron representatives apparently refused to receive a petition signed by more than 3,000 people calling on the company to cease its production of cluster munitions. Two days later, Rhode Island police arrested three activists who chained themselves to Textron’s front doors during a protest against the company’s production of cluster munitions.

 

Megan Burke, the director of the Cluster Munitions Coalition who participated in the April 19 demonstration outside of Textron headquarters in Providence, said in a news release, “The only way to ensure that no lives or limbs are claimed by cluster munitions in the future is to eliminate those weapons altogether. The United States should stop producing and exporting cluster munitions, and join the Convention.”

Read RI Future’s full coverage of Textron’s cluster bombs here:

Retired teacher Susan Donovan to run for Ray Gallison’s seat


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susan donovanSusan Donovan, a lifelong Bristol resident and a longtime teacher in the local schools, is running for former Rep. Ray Gallison’s State House seat, she announced in a news release today.

“A retired teacher of 35 years, 33 in the Bristol Warren Public School System, and long-time community advocate, Susan worked with the local non-profit environmental organization, Save Bristol Harbor, to successfully stop the transportation of Liquefied Natural Gas (LNG) through Mount Hope Bay,” according to the news release. “Susan is the Chairperson of the East Bay chapter of Habitat for Humanity (HFH), a non-profit organization that builds homes and provides affordable mortgages to qualifying families. Under Donovan’s leadership HFH recently finished its fourth home and first in her hometown of Bristol; another deserving family has a place to call home. Susan will take her community leadership skills, her passion for education, and advocating for children and families to the State House and represent the good hard-working people of Bristol and Portsmouth with dignity and enthusiasm.”

Gallison resigned the seat earlier this week amid news reports about a law enforcement investigation. Subsequent journalism indicates an education non-profit he works for is almost entirely funded through State House grants and listed board members said they didn’t know they were board members.

Donovan has an exceptional reputation in Bristol, according to a September, 2015 ABC6 report. “If you live in Bristol, there’s a 99.9 percent chance you already know who our Hometown Hero is this month,” it says. “That’s because she taught there for over 30 years. Her name is Susan Donovan, Mrs. Donovan to her students. She’s retired now, sort of, but her community service reaches far outside of the classroom and beyond Bristol.”

In June of 2015, Donovan was recognized by the House of Representatives for winning the Bristol 4th of July Hattie Brown Award “for her civic commitment to the Town of Bristol,” according to a State House resolution sponsored by Gallison.

According to the release, Donovan, a Democrat, is married with three adult children.

ProJo employees protest corporate greed, shrinking newsroom


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Providence Journal employees publicly rebuked their out-of-state bosses with a noontime demonstration outside of the once-venerable institution’s now increasingly vacant offices and newsroom on Fountain Street.

projo demonstration

“Now that they own us there is no effort to invest in us,” said Journal reporter John Hill, who is the president of the Providence Newspaper Guild, said of Gatehouse Media, a media conglomerate that bought the ProJo two years ago and still has not agreed to a new contract with newsroom and other employees.

More than 100 people marched outside the Journal building during today, Hill said. “It was at lunch hour,” he said, “so people didn’t have to leave work. We’re not trying to disrupt anything. Nobody abandoned their desks.”

projo demonstration2

It was the latest in an increasingly public labor rift between the people who produce Rhode Island’s paper of record and the corporation that owns it. “Everything that goes on the website of value is made and put there by our people, and we get squat for that,” Hill said.

ProJo reporters and other staffers have been working without a contract since Gatehouse bought the business from Belo in 2014. Because it was an asset sale, Gatehouse “was able to void pretty much all the contracts, not just the union ones.”

They’ve been in on-going negotiations, but Hill says management is unwilling to bend. “These guys have a track record of being willing to outsource work,” he said.

The demonstration was the latest example of workers in Rhode Island standing up to an increasingly skewed economy that is squeezing more and more middle class people.

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Special Town Council meeting does little to calm Burrillvillian concerns


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2016-05-04 Burrillville Town Council 02“I don’t [want to] throw cold water on your parade here,” said Burrillville Town Manager Michael Wood, “but you can’t simply just determine a tax at will and tax somebody… It’s not fair to leave you with the impression that this can be done when it can’t be done.”

Problem is, Wood is wrong.

Wood was speaking to around 150 Burrillville residents at a “Town Council Special Meeting” held to answer questions and concerns regarding Invenergy’s proposed $750 million fracked gas and diesel oil burning electrical plant.

Nick Katkevich, from the Fang Collective, had just read from aloud the relevant passage from the RI General Laws concerning Burrillville and energy plant taxation, as quoted in RI Future:

44-3-30 Burrillville – Property taxation of electricity generating facilities located in the town. – Notwithstanding any other provisions of the general laws to the contrary, the town council of the town of Burrillville is authorized to determine, by ordinance or resolution, an amount of taxes to be paid each year on account of real or personal property used in connection with any facility for the generation of electricity located in the town, notwithstanding the valuation of the property or the rate of tax.

Council president John Pacheco told Katkevich that the item wasn’t properly on the agenda.

Burrillville resident Kenneth Putnam Jr. then rose and asked a follow up question, which provoked Wood’s response.

This exchange was provoked by a piece I wrote, in which I consulted with lawyers on background. To check my logic, I wrote Jerry Elmer, a Senior Attorney at the Conservation Law Foundation for his opinion. Elmer is an expert in climate change and renewable energy law and has literally written many of the laws currently on the books in Rhode Island regarding energy and climate.

Elmer’s response to my query is worth quoting in its entirety:

The Rhode Island state law on this matter is clear and unambiguous, even if not everyone is familiar with the law.  The Rhode Island statute I am referring to is R.I. General Laws § 44-3-30.  That statute gives the Town of Burrillville (which, legally, would act through the Town Council) the right to set the real estate taxes for any electricity generation plant within the Town (including, but not limited to Invenergy) at any level the Town wants.  Importantly, the level at which the Town taxes the energy plant (such as Invenergy) need not be sensible or reasonable.  For example, the Town could legally charge Invenergy $1 per decade in property taxes.  The Town could legally charge Invenergy $1 billion per week (or per day, or even per hour) in property taxes.  One could have a reasonable argument as to whether any of those tax levels I just mentioned are sensible, or whether (or not) they represent good public policy.  But under that statute (RIGL 44-3-30) they are legal.

“It is also important to note that the statute explicitly says that this is true notwithstanding any other state law to the contrary.  Thus, even if someone could point to a different state law on municipal property taxation, the provisions of RIGL 44-3-30 would trump that other (possible) law.  The statute also is true notwithstanding what tax rate the Town of Burrillville has on other properties (like local homes and businesses).  The statute is also true notwithstanding the actual valuation of the Invenergy power plant.

“The short of it is that there is a specific, very detailed, state law that speaks to this exact question, and which trumps other state laws.  By law, the Burrillville Town Council can set Invenergy’s property tax at any level it chooses; and, if the Town Council chooses, it has the legal authority to set that tax rate so high that Invenergy would pack its bags immediately and leave the Town forever.”

Earlier, Councillor David Place interrupted Katkevich, asking everyone present that even if the law as written and understood were true, “How long do you think it will be before that law is changed, if the Governor and the General Assembly want to pass the plant?”

Changing the law in the middle of negotiations to favor one party over another would be a pretty big move on the part of the Governor and the General Assembly, especially in the face of widening opposition to the plant and the rising unpopularity of our elected leaders. And the very idea of changing the law in that way is of dubious legality. But that’s a question for another day.

The “Town Council Special Meeting” was held in the Beckwith-Bruckshaw Memorial Lodge, a place with no microphones. From the beginning people in the back had difficulty hearing the proceedings. Only three Town Councillors, John Pacheco III, Stephen Rawson and David Place, attended. Town Planner Tom Kravitz gave a short presentation and answered many questions from those in attendance.

The general tenor of the meeting was one of distrust and exasperation. For instance, while the Town Council won’t reveal any details of tax deal negotiations with Invenergy, on Dan Yorke’s television show State of Mind, John Niland, Development Director for Invenergy and the company’s public face for the project floated the number $3.6 million a year in taxes and rising, over 20 years. This was more information than has ever been volunteered by the Burrillville Town Council.

The people of Burrillville have real concerns. Time and again Town Manager Wood says he “can’t discuss the particulars” of the pending deal with Invenergy, provoking those in attendance last night to reply that they “get all our information” from John Niland on Dan Yorke. In the video below, a resident points out that in her email exchange with Wood, the Town Manager didn’t seem to realize that her home was in the area determined to be affected by the power plant.

“How can we trust that you have our best interests at heart when clearly, I’m in a severely impacted area, and you’re saying I’m not?”

It gets worse.

Tiya Loiselle is a veteran whose home value has dropped nearly $50 thousand in value since January. She was hoping to build equity in her home, but instead she’s rapidly going underwater, because of the possibility of this plant coming to her town.

As much as the residents of Burrillville seem to distrust their Town Council, they distrust Governor Gina Raimondo more.

Governor Raimondo “has been on the wrong side of a lot of issues because she doesn’t listen to the people,” said one speaker.

“She doesn’t reply to your emails,” said another.

“Did she not say that she would meet” with us, asked a woman, who was answered by another woman with, “I followed up, and sent her a message asking ‘Are you still planning to come to Burrillville?’ and she said ‘You’ll have to talk to my advisory board.’”

“You can’t trust the Governor,” said the first woman, “You understand why you see Trump signs everywhere, because no one trusts the Governor any more.”

Perhaps no one at the meeting expressed the impotence, fear and anger felt by the people of Burrillville better than Deborah Krieg, a “mom from Burrillville”. Her short speech to the Town Council was heart breaking:

You can watch the entire Town Council meeting here:

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Legislators should prioritize Rhode Island workers


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-1On Friday it was reported in the Providence Journal that Speaker Mattiello’s budget priorities include reducing the estate tax by increasing the threshold for paying the tax from $1.5 to $2 million at an estimated cost of $4.3 million, as well reducing the corporate minimum tax from $450 to $400 at an estimated cost of $3.2 million. Reducing the estate tax and corporate minimum tax will provide little benefit to the overwhelming majority of Rhode Islanders and are not a good use of public funds.

“We hope that lawmakers will not reduce state revenues by over $7 million for tax changes that would benefit a handful of Rhode Islanders and businesses,” said Rachel Flum, Executive Director. “There are many wiser ways to use $6 million to support thousands of working Rhode Islander and to ensure that businesses have the workforce they need to succeed.”

-2The state increased the estate tax threshold in 2014 effective January 2015, essentially increasing estates exempt from paying the tax from $1 million to $1.5 million and reducing the tax on higher income estates.  The estimated revenue from the estate tax in 2014 was $43.6 million, dropping to $34.2 million in 2015, a 20% loss of revenue after the change.

Further increasing the exemption to $2 million would benefit approximately 100 estates, of which 35 would not have to pay any tax at all.

In stark contrast, increasing the EITC to 15% of the federal credit, as proposed in the governor’s budget would put $4.4 million into the pockets of 83,000 working Rhode Islanders.  Increasing it to 20% as proposed by bills pending in the house and senate would provide an additional economic boost of $8 million to the direct care workers, servers, salespeople and other Rhode Islanders who earn low to moderate wages.  These state investments are then recycled directly into local economies.

“The estate tax is a vital tool for broadly shared prosperity,” added Douglas Hall, Director of Economic and Fiscal Policy at the Institute. “Our analysis shows there is no good public policy reason to reduce state revenue by reducing the tax that is paid by only a small number of heirs of large estates. The state’s priority should be to help struggling working families.”

One such priority is to help working families pay for child care assistance so they can enroll their young children in quality early learning programs and know that their older children are in a safe place after school.  A pilot program  allowing working families who are receiving child care assistance (income below 180% FPL) to remain eligible as their income rises to over twice the poverty level is set to expire in September, 2016.

As of March 2016, just over 400 children are enrolled in the pilot.  Trend data since the onset of the program in October 2013 shows that the pilot has allowed parents to have a glide path to earning higher wages since around half of the families have income between 200 and 225% FPL and half have income between 180 and 200% FPL.  It is estimated that making this “exit income” permanent would cost $1.6 million for FY 2016, an investment that not only helps working families but supports the child care sector. And with the lowest eligibility limit for child care assistance in New England, policymakers should also consider increasing the “entry income limit” from 180% FPL to at least 200%.

Just as there are far wiser ways to invest in our workforce, there are wiser ways to help businesses. The Statistics of Income for 2014 shows that 91% of Rhode Island businesses paid the minimum corporate tax, including 8,000 companies with gross receipts that total more than $10 million. Last year companies were given a break – a reduction of the minimum corporate tax by $50, from $500 to $450, taking revenue the state needed to pay for the public services and infrastructure that businesses use and rely on. Another $50 reduction is unlikely to significantly impact individual businesses, while a $3 million investment in workforce training for the 83,000 Rhode Islanders who lack a high school diploma and/or are in need of English language services would benefit all businesses who are looking for workers with basic skills.

Providence’s lead water pipes


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200x120According to the Providence Water Supply website, “there are approximately 20,000…[lead] lines still in existence in the Providence Water system.” The Water Supply Board’s website includes an interactive map of lead water pipes in the city. The red dots are lead lines and blue are other materials.

It is difficult to discern from this figure how many residents and businesses in Providence are therefore consuming water from lead water lines due to the varied nature of occupancy at a given address in the city. According to Water Supply website 60.85 million gallons are used per day.

Customers are not facing the immediate danger of lead poisoning similar to Flint. The disaster in Flint happened because a chemical was added to the water that leached lead from the pipes and solder, infusing the water with lead that would otherwise not have been present. This chemical was added to the water supply because, in an effort to save money, the government had switched the water supply from the much cleaner Detroit Water and Sewage supply system to the much dirtier Flint river, a waterway that was polluted over decades by industrial and automotive factories that were built up alongside its banks. If this chemical had not been added to the Flint river water supply, the plumbing system in the municipality, still including lead pipes and solder, would not have poisoned the population. Providence, like many other municipalities, regularly flushes its plumbing systems via fire hydrants to prevent concentration of lead from accumulating.

Recently, the Associated Press issued a report on Providence’s aging water infrastructure:

An analysis of U.S. Environmental Protection Agency data by The Associated Press found that Providence’s drinking water system was one of the largest in the country to exceed a federal lead standard since 2013. It has gone over the limit six times since 2010 after testing samples of the tap water used by about 300,000 people in Providence and the surrounding cities of Cranston, Johnston and North Providence.

This is akin to what Rhode Island’s Future reported several months ago when this news was carried in The Guardian.

The crisis in Flint, Michigan has reignited a national conversation about lead plumbing and safety, a discussion that includes the water system of Providence. We decided to take a deeper look at this issue and outline first the parameters and then the solutions possible to this issue.

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Burrillville Town Council has absolute authority to set Invenergy tax rates


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2016-03-22 Burrillville 003On January 14, 2016, the Rhode Island Supreme Court ruled that wind turbines are manufacturing equipment and therefore exempt from local property taxes under state statute. The decision in DePasquale v. Cwiek developed the legal view that wind turbines are, “used exclusively for the purpose of transforming raw material—wind—into a finished product—electricity—and as a result the taxpayer meets the definition of a manufacturer, making the turbine eligible for tax-exempt status.”

If turning wind into electricity is a tax free proposition, it logically follows that turning “natural” gas into electricity would be as well. For instance, Invenergy‘s proposed $750 million fracked gas and oil burning plant in Burrillville, may well have been a tax free proposition for the company under this ruling.

Fortunately, there is a specific statute to the contrary, R. I. Gen. Laws § 44-3-30:

  • 44-3-30 Burrillville – Property taxation of electricity generating facilities located in the town. – Notwithstanding any other provisions of the general laws to the contrary, the town council of the town of Burrillville is authorized to determine, by ordinance or resolution, an amount of taxes to be paid each year on account of real or personal property used in connection with any facility for the generation of electricity located in the town, notwithstanding the valuation of the property or the rate of tax.

All well and good then. The Town Council of Burrillville has the absolute right to set the taxes for the proposed Invenergy plant at any level they wish “notwithstanding any other provisions of the general laws”. They could set the tax rate at $1 a year or a $100 million a year. In fact, if the Town Council were truly interested in stopping the proposed power plant, they could simply set the tax rate at $100 billion per year. It would stop the development cold.

Let me repeat: Despite the RI Supreme Court ruling, the Burrillville Town Council has absolute authority to set the tax rate for the new power plant at whatever level they wish.

Yet that is not how Town Manager Michael Wood and Burrillville Town Council solicitors Oleg Nikolyszyn and Michael McElroy seem to have reacted to the court’s ruling. Instead, the Burrillville Town Council, at a special meeting on February 23, asked Reps Cale Keable and Brian Newberry, as well as Senator Paul Fogarty, to “make sure that the existing [state level] legislation [cited above] we have will allow for the siting and construction of the new power plant in the town.”

Though it is apparent that Keable, Newberry and Fogarty didn’t make any changes to RI State Law 44-3-30 concerning power plant taxation and that no changes were necessary, that isn’t the only change the Town Council asked their state representatives to make regarding the state law around power plants. About a month earlier, at a January 27 Town Council meeting and two week after the RI Supreme Court ruling, a resolution was unanimously passed by the Burrillville Town Council to “respectfully request that our legislative delegation introduce legislation” to amend  R. I. Gen. Laws § 44-3-9.3, which governs “exemption or stabilizing of taxes on qualifying property used for manufacturing or commercial purposes.”

According to the minutes of the meeting, the motion to vote on the request to change the law was made by Councillor David Place, who has announced his run for State Representative against Cale Keable.

What is the major change in the law requested by the Town Council? The addition of the word “manufacturing” over and over again within the statute, expanding the range of the statute to make sure that power plants (which could be classified as manufacturers now) are covered. Now again, changing this law is not necessary in order for Burrillville to have full control over the taxation of the proposed Invenergy plant, and the Town Council never mentions Invenergy or manufacturing when discussing this resolution prior to passage. But the timing of this requested change is suggestive.

If this request was in response to the RI Supreme Court decision, it demonstrates that the Town Council was aware of Invenergy’s plans in January, not February, as previously demonstrated. Like the February request for changes in the General Laws, this request was also ignored by Keable, Newberry and Fogarty.

Whether or not the Burrillville Town Council, Town Manager and legal counsel worried about the DePasquale v. Cwiek decision, it is apparent that they have been keen to make sure that the RI General Laws are in their favor and that the court’s decision will not apply to their town or to the Invenergy plant.

But it’s also hard to believe that the Town Council is interested in stopping the power plant’s construction. If they wanted the plant stopped, they simply have to propose a prohibitively high tax rate, one Invenergy could not afford. Cale Keable, as reported by several Burrillville residents, is correct when he says that the power to stop this plant rests with the Town Council. Sure, the Energy Facilities Siting Board has the power to approve the plant, but the Town Council has the power to make the plant so unprofitable that Invenergy will never bother building it.

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Legislature should pass ethics reform for legislators this year


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Ethics Reform NowIn 1992, justices of the Rhode Island Supreme Court declared unanimously that prior to the Ethics Commission, “widespread breaches of trust, cronyism, impropriety, and other violations of ethical standards decimated the public’s trust in government.” The 1986 Constitutional Convention passed an extraordinary Ethics in Government Amendment, and the people approved. This amendment called for the establishment of a strong non-partisan, independent Ethics Commission which would ensure that all elected and appointed public officials would “adhere to the highest ethical standards; respect the public trust; not use their position for private gain or advantage” and, in general, serve the greatest good.

Like having a new sheriff in town, the “Wild West” of unethical behavior diminished when the Ethics Commission began to patrol the halls of government.  While no oversight mechanism is ever perfect, the Ethics Commission proved to be an effective watchdog for elected and appointed public officials over many years.  However, a 2009 Supreme Court ruling involving former Senate President William V. Irons, struck a severe blow to the Ethics Commission’s oversight authority over the General Assembly.  This decision effectively exempted state lawmakers from scrutiny and prosecution by the state Ethics Commission for violations relating to their core legislative acts such as voting, sponsoring bills and introducing legislation.  Currently, any member of the General Assembly may pursue legislation for which he or she has a substantial conflict of interest without fear of being held accountable by the Ethics Commission.  This “legislators’ loophole” must be closed.

Since 2010, every attempt to close this “legislators’ loophole” died in either the Senate or House.  At the start of this session, it appeared that, once again, that the ethics amendment (ethics reform) was, to borrow an expression from former Senate President Irons, “Not going nowhere!”

But, public opinion and individual voices have helped breathe new life into the ethics reform effort this session.

Both Speaker Nicholas Mattiello and Senate President Teresa Paiva-Weed deserve credit for agreeing to address this important issue this year.  However, their commitment has not occurred in a political vacuum.  They recognize that the upcoming election appears to be seething with anti-establishment or anti-incumbent sentiment.  Angry voters are seeking positive change from their government.  Failure to place a credible ethics amendment on the November ballot could hurt the re-election chances of members of the Senate and House team.  Moreover, the Speaker and President undoubtedly know that a growing number of their House and Senate members support ethics reform, and wish to see the “legislators’ loophole” closed.  As long as ethics reform remains in the public eye, the imperative to pass an ethics amendment will not dissipate.

Even now, there is no guarantee that the General Assembly will pass a credible ethics amendment and send it to the voters for ratification in the fall.  There remain two formidable pitfalls. First, the House and Senate fail to agree on a specific ethics bill text (language), which would mean the death of ethics reform again this year.  Second, Legislative leaders agree to an identical ethics amendment text that would weaken the Ethics Commission in the process.  For example, if legislative leaders were to propose to eliminate the rule making ability of the Ethics Commission, only the General Assembly would be able to make or amend ethics rules going forward.  Given Rhode Island’s unique history of scandal and corruption, often at the hands of the General Assembly itself, this would be unwise.

Speaker Mattiello and President Paiva-Weed stand at the threshold of passing authentic ethics reform.  In this endeavor, I can only hope that they will lead wisely and serve the greatest good by restoring a measure of public trust in our state government.

Polls show climate change and cannabis are important to Rhode Island


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Lost in last week’s primary election were some other promising poll numbers for progressives. A Public Policy Polling survey found 3 of 4 Rhode Islanders would be more likely to support a candidate who would drastically decrease our dependence on fossil fuels and a Brown University Taubman Center poll found 55 percent of Rhode Islanders want to legalize recreational marijuana.

Climate change

pppollThe PPP poll of 1,179 likely Rhode Island primary voters found that 53 percent of Rhode Islanders were “much more likely” to “vote for a candidate who believes the United States must do all it can to lessen our dependence on fossil fuels by embracing measures like solar, wind, and renewable fuels, like biofuels,” and 22 percent “somewhat more likely” to support such a candidate. Only 26 percent of Rhode Islanders don’t want to support a climate champion for elected office with 11 percent “somewhat less likely” to support such a candidate, 7 percent were “much less likely” and 8 percent said it wouldn’t make a difference.

pppoll party2Even a majority of Rhode Island Republicans want to support a climate champion, the PPP poll found. A total of 63 percent of Republicans were more likely to support a candidate who would decrease dependence on fossil fuels, with 37 percent much more likely and 26 percent somewhat more likely. For Republicans, 27 percent were less likely to vote for a candidate who would invest in alternative energy and 10 percent of Democrats.

The PPP survey parsed its climate change question in terms of fossil fuels contributing to terrorism. It asked: “You may have heard about a connection between fossil fuels and terrorism. Even though the US doesn’t buy oil directly from regimes hostile to us and our allies, our demand for oil does drive up world prices, which benefits hostile regimes. Knowing this, would you be much more likely, somewhat more likely, somewhat less likely, or much less likely to vote for a candidate who believes the United States must do all it can to lessen our dependence on fossil fuels by embracing measures like solar, wind, and renewable fuels, like biofuels?”

Cannabis

The Brown poll posed a more straight-forward question about marijuana. “Thinking beyond medical marijuana, do you support or oppose changing the law in Rhode Island to regulate and tax the use of marijuana, similarly to alcohol,” it asked.

Much of Rhode Island does, with 55 percent answering yes. 21 percent strongly support taxing and regulating cannabis and another 34 percent support it. Only 4 percent were neutral, 24 percent oppose the idea and 12 percent strongly oppose ending prohibition. 5 percent said they didn’t know or refused to answer.

Young Rhode Islanders overwhelmingly want marijuana to be legal, with 72 percent of people age 18 to 44 supporting the idea. Older Rhode Islanders were evenly split with 42.9 percent supporting legalization and 42.1 percent opposed. 56.3 percent of people age 45 to 64 support it and 37.7 percent are opposed.

The poll showed people were more likely to support regulating cannabis like alcohol the more education and income they had.

It also showed that white people were both more likely to support and oppose legalization than black people. 55 percent of white people polled said they support legalization and 36 percent were opposed compared with 50 percent of black respondents who support it and 30 percent who are opposed. Conversely black respondents were more than twice as likely as whites to either refuse to answer or remain neutral.

brown poll pot

Student activists urge House Finance Committee to pass tuition equity


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Addiqa Saleem, a student at CCRI

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Rep. Grace Diaz’s Tuition Equity bill was heard in the House Finance Committee meeting Thursday evening, with several student activists giving powerful testimony in support of the legislation. House Bill 7374 would codify existing policy that grants in-state tuition rates at Rhode Island’s public colleges and universities to undocumented students who have graduated from the state’s public high schools.

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Rep. Grace Diaz testifying on her own bill, H7374

Rep. Diaz has introduced this legislation for over 11 years, and now, 20 other states have adopted similar policies, although only 16 have codified such in law. Diaz noted that she “was surprised to see many states that also provided tuition assistance to some students”, which her bill nor Rhode Island policy currently provides. She concluded by stating: “Regardless of immigration [policy], I believe every student needs to have access to higher education”

Even though Diaz’s bill is currently a policy that Rhode Island’s public institutions follow, she wishes to codify it as she is “afraid at some point we might have a governor who will get rid of the [existing] policy”

Rhode Island Kids Count also came out in support of the bill, stating that it is time to codify this legislation in law, as we have had a chance to see how it has been implemented. 

Rodrigo Pimentel, Secretary of the Rhode Island Progressive Democrats
Rodrigo Pimentel, Secretary of the Rhode Island Progressive Democrats

Rodrigo Pimentel, representing Jobs with Justice, railed against the oft-used reasoning of immigration opponents: “the law is the law”. Here’s what they had to say about it:

“When we look back upon history, we see different groups that were marginalized and scapegoated for our nation’s problems. The oppressors will appeal to the law, often stating that “the law is the law” — they will hold the law as sacrosanct, as many have unfortunately done throughout our past.”

Pimentel said that “during slavery, run-away slaves would break the law by attempting to illegally cross the Mason-Dixon line, and the Quakers and abolitionists also knowingly violated the law by helping them. And it was the white slave owners that made it against the law to help runaway slaves.”

They also alluded to Donald Trump’s demagoguery, stating: “Today, we have a demagogue who comes along and says, “I know what the causes of your problems are”, it’s the immigrants, it’s the muslims, but it wasn’t so long ago when it was the uppity women who were trying to take jobs away from men, or blacks who were trying to take jobs away from whites. That’s what demagoguery is about. It is to dehumanize, disenfranchise, and discriminate, all to obfuscate the real problems facing our society.

Pimentel concluded their testimony by urging the Committee to “[reject] political expediency and [be] on the right side of history. By doing such, the committee will show that human dignity is sacrosanct, not blind appeals to the law.”

William Perry, member of Rhode Islanders for Immigration Law Enforcement.
William Perry, member of Rhode Islanders for Immigration Law Enforcement.

Predictably, and embarrassingly, Terry Gorman and William Perry, of RIILE, resorted to appealing to what Pimentel had just spent their entire testimony dismantling: “the law is the law”. Perry stated how the current policy would is “aiding and abiding illegal immigration”, arguing that it is a violation of federal immigration law.

Addiqa Saleem, a student at the Community College of Rhode Island, supported the legislation. Even though she is not undocumented, she testified about her own experience on trying to qualify for in-state tuition as a legal immigrant in the State of Rhode Island.

Sabine Adrian, a Providence Student Union organizer, also came out in support of the legislation, reading written testimony of an undocumented student who could not have been present at the hearing.

Yaruska Ordinola, a senior at the University of Rhode Island
Yaruska Ordinola, a senior at the University of Rhode Island

Yaruska Ordinola, a senior at the University of Rhode Island testified in support. She eloquently stated that “by supporting this bill, you’re giving students like me the voice to pursue their education, students like me who call Rhode Island their home. We’re asking for a possibility, to pursue an education, and make our futures a reality”

For the full testimony, including other student activists and community members who testified on the legislation, see the video below:

 

 

ACLU sues North Kingstown Town Council over lack of public comment period


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aclu logoThe American Civil Liberties Union of Rhode Island today filed a lawsuit against the North Kingstown Town Council for violating a Town Charter provision that gives members of the public “a reasonable opportunity to be heard” at Council meetings. The lawsuit, filed in Washington County Superior Court by ACLU volunteer attorney H. Jefferson Melish, is on behalf of North Kingstown resident and past Town Council candidate Richard Welch.

Welch attended a Town Council meeting on December 10, 2015 and attempted to speak at the meeting. However, Town Council President Kerry McKay refused to let him do so. Although the Town Charter gives the public an explicit right to be heard at Council meetings, Town officials took the position that it applies only to regularly scheduled meetings, not “special” Town Council meetings. The December “special” meeting included 13 varied items on the agenda that covered such matters as license renewals, appointments to a job search panel, adoption of budget policies, and a New Year’s Eve policy for liquor establishments.

The lawsuit notes that there “is no distinction made in the Town Charter between regular and special Town meetings to justify the denial of the public’s right to be heard.” The suit asks the court to find that Welch’s right to speak was violated at the December meeting, and to issue an order requiring the Council “to honor the public’s right to attend and have a reasonable opportunity to be heard at all Town Council meetings.”

Plaintiff Welch said today: “The right of the public to be heard by our government is very basic to our form of government and it should not be allowed to be abridged by anyone.  This is not the first time that this has happened in North Kingstown, but it must be the last.”

ACLU attorney Melish added: “Public participation and involvement are vital to our democracy. This lawsuit is an attempt to vindicate those crucial public interests.”

A copy of the complaint can be found here.

Reflections on the RI Bernie Sanders primary campaign


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Bernie lauren
Bernie Sanders and Lauren Niedel

April 30,2015, was a day that changed my life. It was the day that Bernie announced his candidacy for President. Inspired by his progressive message, I knew that I had to get one hundred percent involved and take an active role in getting Bernie the primary win in RI. We started with a small group at my house in Glocester and the a larger group in Greenville.

From there it just took off.

Our first major event was at RI Pride in Providence. Next we won an award for the “most politically incorrect float” in the Glocester Ancients and Horribles Parade. Not long after that there were the first debate parties, hosted in homes throughout the state.

The New Hampshire primaries brought a whole different feel: boots on the ground and phones in hand, we went to work. Rhode Island volunteers went to help our neighbors to the north. It was a great experience and our first connection with the national team.

We brought that energy to our ground operations in RI. There were events to collect signatures to get Bernie on the ballot, followed by efforts to get delegate signatures. We collected more signatures for Bernie, by far, than were collected for any other Presidential candidate.

It has been a whirlwind four months. Every weekend was spent phone banking, canvassing, organizing and obsessing about what role Rhode Island would play in the upcoming primary.

There were many active players throughout the state. People from South County, Newport County, East Bay, Warwick and elsewhere gave their time and effort. My focus was always northwest Rhode Island. Towards the end I tried to combine Bernie’s anti-fracking theme with our northwest Rhode Island anti-Invenergy message. Bernie, of course, laid the groundwork for this with commercials focused on keeping fossil fuels in the ground and ending fracking.

My secondary message was the anti-establishment one. At our rally at the statehouse I had the opportunity to speak my piece. I was very proud to say that Rhode Island is not Clinton Country, it’s Bernie Country. My message may have only reached a few hundred at the time but I believe thousands of others felt the same.

Throughout the state Bernie’s message of income inequality, free public college tuition and ending fossil fuel extraction resonated.  Whether it was at our voter registration drives,  area meetings or  phone banking events  people were listening and engaged. We had support from the Spanish community, unions, colleges, Democrats and Independents and hundreds of individuals who volunteered to make the campaign a success. When the national team came in for the final 3 weeks that solidified our efforts.  2 offices were opened and several staging locations were available for people to canvass out of  – we did not stop until 7:00pm Tuesday, April 26th.   Our Independent spirit came through and I think Bernie himself saw that when he came to RI and gave a rousing speech on April 22nd .   It was not an easy battle – we were up against an entrenched establishment with all 9 delegates firmly under the spell of Clinton.  But the whole time I never saw a Hillary bumper sticker, I barely ever saw a pin, I saw no energy or enthusiasm in Hillary Clinton’s campaign in this state.  All I saw was the establishment assuming that it was all wrapped up for her.

What I also saw was a complete lack of appreciation for our campaign. Our Bernie Sanders campaign was not taken seriously. The super delegates, I am sure, never thought we would get any where. But boy did we show them!

In my corner of the universe Bernie won with well over 60% of the vote and in South County he did the same. Throughout the state we beat Clinton and the establishment: it was a resounding victory for our grassroots effort and a wake up call to Raimondo, Cicilline, Langevin, Whitehouse, McNamara and the rest.

We are not going away.

Remembering my friend Dan Berrigan


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images-1My friend Dan Berrigan – Jesuit priest, poet, and peace activist – died yesterday, April 30, at age 94.  April 30 was, of course, the anniversary of the end of the Vietnam war, a fact that had been much on my mind yesterday.

I first met Dan in September 1969, when he performed the christening of Peter Daniel Mayer, the new-born son of my friend Paul Mayer.  (In fact, Peter Daniel was named for Dan, a close friend of Paul’s.)  And the last time I saw Dan was in New York in January 2014 – at Paul Mayer’s memorial service:  a sad symmetry.  In between those times, Dan’s life and my life intertwined in a number of ways.  Most obviously, we were both involved in draft-file destruction.  But there were other ways, as well.

On January 12, 1971, a grand jury in Harrisburg, PA., handed up an indictment charging several people with a supposed conspiracy to kidnap then-National Security Adviser Henry Kissinger and blow up underground heating tunnels in Washington, DC.  The indictment was big news at the time and appeared on the front page of the New York Times.  The indictment listed Dan as an unindicted co-conspirator; and the bill of particulars specified that I was supposed to have recruited people for the supposed plot.  (Former Attorney General Ramsey Clark represented the defendants, and the jury deadlocked 10-2 in favor of acquittal.)

In 1979, Dan and I did a speaking tour of college campuses together called “Power Plants and Weapons: The Nuclear Connection.”  Dan talked about nuclear weapons and I discussed the link between power plants and proliferation of weapons-grade nuclear material.  See here.  Those of you who have been in my office may remember that there is a photo of me and Dan above my desk; that photo was taken during that tour.

Although Dan had been a public figure for close to 50 years, he was seriously misunderstood in at least two important ways.

First, many people did not realize that although Dan was certainly radical politically, he was theologically quite conservative.  While Dan was an outspoken critic of much official U.S. foreign policy, he was not an outspoken critic of Catholic Church policy, theology, or doctrinal teachings.  In the autumn of 1965, when his Jesuit superiors exiled Dan to South America in response to his early criticism of the Vietnam War, Dan meekly went to South America.  Dan’s superiors had told Dan what to do, so he just did it.

The Catonsville Nine Action on May 17, 1968 – the action that solidified Dan’s public image as a political radical – is an interesting exemplar of the religiously traditional side of Dan.  By no means all the draft board raids were carried out by religious Catholics.  (For example, when I burglarized four draft boards in Providence in June 1970, it was with a group of young, Jewish, recent high school graduates from a predominately Jewish suburb of New York.  When I burglarized six draft boards in Rochester in September 1970, it was with a group of mostly Quaker-leaning agnostics and atheists.)  But the Catonsville Action, in which Dan participated, gave rise to the (incorrect) idea of draft board raids being part of what was widely referred to at the time as “the Catholic Left.”  This was because the Catonsville group was entirely made up of observant Catholics, including three priests (Dan, his brother Phil, and Tom Melville), an ex-nun (Marj Melville), and a Christian Brother (David Darst).  Their public statement – that explained why they had acted – said,  “We are Catholic Christians who take the gospel of our faith seriously.”

And, most remarkably, fully five out of fifteen paragraphs of that same public statement were quotations from a (then-recent) papal encyclical.

By way of contrast, today it would be almost unthinkable for a group committing radical civil disobedience to explain their action by saying, in effect, “We are doing this because we are Catholics,” and then explain further by reciting lengthy portions of a papal encyclical!  But that is exactly what happened at Catonsville.

In a sense, Dan really was an exemplar of a wider phenomenon – a religiously conservative Catholic whose traditional theology led him or her to radical politics.  This is a fair description of much of the broader Catholic Worker movement, including Dorothy Day, Tom Cornell, and Jim Forest.  Of course, if the mainstream Catholic Church operated in greater fidelity to the teachings of Jesus, it, too (like our friends at the Catholic Worker), would be more concerned with ending war and poverty than with opposing condoms and gay marriage.

The second way in which Dan was widely misunderstood is that it was he, not his younger brother Phil, that was often seen as the “leader” of the Catholic Left.  This stands history on its head.  It was Phil who “invented” draft board raids when he (and Tom Lewis, Dave Eberhardt, and Jim Mengel) poured blood on draft files in Baltimore on October 27, 1967.  It was Phil who organized the Catonsville Action (which took place after Phil had been convicted of the Baltimore blood-pouring, but before his sentencing).  Dan had been deeply reluctant to participate in Catonsville, but Phil had successfully cajoled him.

To its credit, the obituary in today’s New York Times (on line, not hard copy) gets both of these points mostly right.  What the Times got wrong is this:  “Many faulted him for not criticizing repressive Communist regimes.”  In fact, the opposite is true; he had actually leveled unfounded criticism against the post-war government of Vietnam.  Dan was a signer of the notorious public statements in 1977-1979 organized by Joan Baez and Jim Forest accusing Vietnam of widespread human rights violations – including holding hundreds of thousands of political prisoners.  The charges were factually incorrect (and deeply divisive).  Dan even signed Joan’s full-page ad in the Times on May 30, 1979.  To his credit,  Dan later tried to undo some of that damage by signing a more factually accurate and nuanced statement about post-war developments in Vietnam that Noam Chomsky, Dave McReynolds, and I organized.


There is a famous photo of Dan that was taken here in Providence on August 12, 1969, outside the Federal Building on Kennedy Plaza.  The picture shows Dan in the custody of two of our local FBI agents, including Tom Lardner (left, in silly hat).  Dan (and Phil) were supposed to have started serving their prison terms for the Catonsville Action in April 1969.  Instead of surrendering, they went underground.  Phil was arrested a few days later (hiding in the closet at a Manhattan church rectory).  But Dan eluded capture for four months.  During that time, he led the FBI on a merry chase, meeting with friends up and down the east coast, appearing in church pulpits to preach, speaking to a crowd of thousands at an anti-war colloquium on the Cornell campus, being interviewed on network television and by a New York Times reporter.  Finally, Dan was arrested visiting his friend Bill Stringfellow on Block Island.  The photo I am describing shows Dan on the mainland after his arrest on Block Island.

Almost exactly a year after Tom Lardner arrested Dan for destroying draft files in Catonsville, Tom arrested me for destroying draft files in Providence.

The second photo that appears in the New York Times obituary (on line) this morning is another famous photo.  It shows Dan and Phil at Catonsville, match in hand, burning draft files.  The same photo appears in my book on page 68.  The difference is the cropping.  The cropping in the Times is the familiar one, showing only the two celebrity priests.  The cropping in my book is the original one, and includes a third priest, Tom Melville.

It is sad to think that Dan is now gone.

Time for progressives to Bern down Mattiello’s estate tax reform


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Mattiello at the Grange 001As the results of last Tuesday’s primary show, RI Speaker of the House Nicholas Mattiello is seriously out of step with Rhode Island voters. Progressives in this state demonstrated the kind of change they want, yet instead of course-correcting, the speaker is doubling down on policies Tuesday’s vote clearly rejected.

One key reform Mattiello has his eye on is lowering the estate tax, the tax levied exclusively on dead millionaires. In the ProJo, Mattiello said he is “‘hearing from successful folks in Rhode Island pretty regularly lately’ that, without assistance, ‘they will be forced to leave the state,’ adding that he is going to ‘work hard to get [this] done in the budget.’”

This isn’t a new idea for the Speaker. Back in January, at the 2016 Rhode Island Small Business Economic Summit, Grafton H. “Cap” Wiley IV told Governor Gina Raimondo, Speaker Mattiello and a room full of government officials and small business owners that “it would be great if we had enough revenue to get rid of the estate tax” or if we don’t have enough revenue, “look at an increase in the exemption.”

“That’s something I’ve got my eye on,” said Mattiello.

Here’s the problem: Lowering or eliminating the estate tax does nothing for the economy. It doesn’t lead to greater entrepreneurship, doesn’t create jobs and doesn’t put money back into the economy. It’s a straight up giveaway to the 1 percent. And lest we forget, the care and comfort of the 1 percent has always been Speaker Mattiello’s primary concern. Remember his comment last year that his “well-to-do” neighbors don’t see any tax relief?

The suggestion that “successful folks” are being “forced to leave the state” because of the estate tax is frankly idiotic. This economic hokum has been debunked time and again, yet our speaker clings to this lie to justify giving more money to the already rich.

To quote the speaker, “that discussion has to stop.”

Let your legislators know that you oppose these tax cuts for the rich. Tell them what their priorities should be. Remind them of the results of Tuesday’s primary, and let’s start using our newfound progressive political power to effect real, positive change.

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Hillary Clinton, abortion and the Illuminati


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ppprotestPlanned Parenthood on Point Street in Providence, RI has weathered many anti-abortion protests. This April 23rd #ProtestPP organized nationwide actions and a diverse group of Rhode Islanders came out to counter-protest.

Demonstrators pro and anti lined the sidewalks. I chose a pink sign for drivers speeding by, ‘I Stand With Planned Parenthood’. The antis had their own signs in the same color and typeface, ‘Stop Planned Harvesthood’. Although the allegations against Planned Parenthood were unfounded and the makers of the ‘sting’ video are facing charges true believers are not letting go. You can’t argue with faith.

As I stood by the curb, a procession approached- a tall man with white hair and a woman wearing a bandanna adorned with marijuana leaves. They were carrying banners with the Virgin of Guadalupe and the man was blowing loud blasts on a long curly rams’s horn. I recognized them from Facebook. “Are you the Church of the Holy Herb?” I asked. Yes, and they were here to add their voice to the anti-abortion side. Strange bedfellows.

Although it was hard to hear the antis on the other side of the busy street they did their inevitable co-opting of the Civil Rights struggle, singing ‘This Little Light of Mine.’ I doubt they know that Dr.King was given the Margaret Sanger award by Planned Parenthood in 1966.

An anti-abortion protester had a body camera on his shirt. He said it was in case he was “assaulted again”.

A woman was carrying a sign that said, ‘I regret my abortion’. A consequence of making choices is the risk of choices you regret. Tell me about it. I would support her right to join in a moral debate but not to try to make abortion illegal for all women.

A man was carrying a sign that said, ‘Hillary Kills Babies’. You really don’t get used to words like ‘baby killer.’ As a mother, as a nurse, as a woman who advocates for the rights of women and children, especially those with disabilities, it is painful to be labeled as a supporter of baby killing. This whole bizarre performance was happening within blocks of Women&Infants Hospital and Hasbro Children’s Hospital where lives are saved every day. The Catholic Church in RI has some good people and charities, but their leadership reliably supports politicians who undermine vital services for women and infants because they are PRO LIFE.

As I left the demonstration for a darkened room and some Motrin I saw the woman from the Church of the Holy Herb nose to nose with one of the prolifers shouting about sperms and eggs. You guys deserve each other, I thought (no offense to The Herb).

That afternoon, Hillary Clinton was scheduled to speak in Central Falls, a miniature city famous for Viola Davis. I wanted to see for myself what crowds Hillary could draw. My Facebook friends were posting pictures of hordes for Bernie and dismal empty function rooms for Hillary.

The line outside Central Falls High School 45 minutes before door opening was long but I figured I had a shot, they said that 1,200 would get in. Major politicians, like rock stars, are always late, and I had nothing much to do except look at the crumbling Victorian house across the street fantasizing how I would renovate it if I won the lottery. There were a lot of people in line wearing union t-shirts and we had some friendly words, but I was facing an hour at least just standing there. Some nice looking young men were handing out tracts. I eagerly accepted the reading material.

Such 16-page, glossy 8×10 4 color doesn’t grow on trees, and headlines like ‘Fugitive Pope’,’Sodom and Gomorrah’ and ‘Brace Yourselves’ did not disappoint. Apparently the Vatican, the CIA, the IRS, Nazis and The Illuminati are working in close coordination. I’d love to know how they manage that when Progressives de-friend each other over who to vote for in November. Anyway, Tony Alamo or his disciples are still finding money to print these tracts in 2016, despite the fact the the Reverend himself is said to be a grifter. and serving time for sexual abuse of children.

Who were these guys, and why are they in Central Falls?

Having been dragged sideways in my teens through a Pentecostal church I respect the power of the non-rational. Great ideals can bring out the best and the worst in us. The anti-abortion protesters at Planned Parenthood really believe they are defending children. They claim the righteousness of Martin Luther King, not knowing he was a pragmatist who had to minister to real people in the world we live in. As his power increased the moral complexity of decisions he had to make increased as well.

My friends who support Bernie have many valid points to make for why he is the best candidate and legitimate criticisms of Hillary Clinton. But some of them have casually re-posted junk from Right Wing sources whose only goal is to divide and conquer.

I don’t have to be psychic to predict that the same people who claim the Pope is chugging beers with The Illuminati will declare that Hillary is the Whore of Babylon. It’s only a crackpot few who will state it in those terms, but there is a Christian majority in this country that will hear the dog whistles. And they just ‘wont trust’ Hillary.

The Providence Journal said Hillary got about 1,000 supporters though the gymnasium with a capacity of 1,200 was packed like sardines (I was there). Bernie got 7,000 at Roger Williams Park the next day, to the credit of his message and hard-working and dedicated supporters.

I am hoping that the Democratic Party will offer a unified and powerful message to voters in November. It’s a certainty that the non-rational will have a strong voice in this election. It’s not only hearts, it’s brains we will have to win.

PA gas pipeline explosion predicted by whistleblowers


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devastation
Salem Township, Pennsylvania

Devastation similar to that wrought by a gas pipeline explosion Friday in Salem Township, Pennsylvania is a real possibility in Burrillville, Rhode Island, and discounting this danger would be irresponsible. For a view of the damage done, in which one person was “badly burned,” see this footage from Pittsburgh Action News 4. The photos here are taken from this video.

Ashlee Hardway at Action News 4, wrote, “The explosion happened around 8:30 a.m. and involved a 30-inch pipeline owned by Texas Eastern, a unit of Spectra Energy, according to the Pennsylvania Department of Environmental Protection.”

The explosion means that Spectra Energy will not be able to deliver the gas it has been contracted for, and the company has declared force majeure, which temporarily voids a contract for reasons outside a company’s control. This might mean that a dual fuel power plant, like the one planned by Invenergy for Burrillville, will have to start burning diesel oil until the gas pipeline is repaired.

The cause of the explosion has not yet been determined, but it’s hard not to think about a conversation I had with two Spectra Energy inspectors in November who claimed that the company cut corners in building their pipelines.

The safety inspectors essentially predicted this disaster.

“Right now, what they’re hoping to do, is they’re hoping to slam all this through, and then at the end ask for forgiveness,” said one of the former inspectors. “Oops, sorry about that, I didn’t know, let me write you a check. Because once this thing’s turning meter, they’re going to be making millions of dollars a day. It doesn’t matter what your problems are…”

Perhaps suspecting their days are numbered, fossil fuel companies are rushing to build the infrastructure required to keep us dependent on methane or “natural” gas for the next 50 years or more, even as evidence mounts that methane is a major contributor to climate change. This gives lie to the claim that methane will serve as a bridge fuel, something to ease the transition from fossil fuels to green energy sources, as the infrastructure investments being made are long term and permanent. Companies are investing billions laying pipelines, building compressor stations, and constructing energy plants and other infrastructure ahead of industry-wide extinction.

In their rush to build, safety and environmental concerns are being brushed aside, suspect many experts. A recent “Pipeline Safety Trust analysis of federal data,” shows that, “new pipelines are failing at a rate on par with gas transmission lines installed before the 1940s.”  Sarah Smith writes that Carl Weimer, director of the Pipeline Safety Trust, told attendees at a National Association of Pipeline Safety Representatives annual meeting in Tempe, AZ that, “The new pipelines are failing even worse than the oldest pipelines.”

Though some of the problems may be related to workers learning how to implement the latest technologies, Weimar says, “there’s also some suggestions that we’re trying to put so many new miles of pipeline in the ground so fast that people aren’t doing construction … the way they ought to.”

In the same piece Smith quotes Robert Hall, of the National Transportation Safety Board Office of Railroad, Pipeline and Hazardous Materials Investigations, who agreed that, “the rapid construction of pipelines in the U.S. is likely a contributing factor to ‘people … out there possibly taking shortcuts or not being as diligent’ as they would be if the pace of construction were less fervent.”

According to the whistleblowers I talked to:

These pipes have to last underground for at least 50 years. If there’s the smallest mistake in their cathodic protection, that’s what’s going to corrode. All of a sudden you’ve got, even at 800-900 pounds of pressure, doesn’t sound like much, but when you’ve got a 42 inch pipe, traveling that distance and it goes ka-bang, you’re not talking about taking out a block, you’re talking about taking out a large area. You’re talking about a humongous ecological impact, you’re talking about displacing hundreds of families, you’re talking about leveling homes, killing people instantly, I mean, if one of those places were to go up, it’s going to be a bad day.”

In 2011 a cast-iron gas pipe cracked, causing an explosion that killed five people in Allentown, PA. Pipes like those are no longer used. But when work is rushed, construction is sloppy and disaster is possible.

“There’s a reason we do what we do,” said Inspector One, “Every bolt is torqued. I know when you torqued it, I know what torque wrench you used, what model number, when it was calibrated. That’s how serious every flange has to be. Because if one of these points blow up you’re talking about a humongous issue. These guys are making those kind of mistakes. They’re short-cutting things, they’re not inspecting things properly, they’re covering stuff up before an inspector’s had a chance to look at it.

“I have had inspectors that have come up to me in the field and have said to me that there is a pipe buried under ground that was not inspected appropriately. And the reason that it was not excavated and inspected is that it cost too much money.”

All pipeline welds are examined with x-rays to make sure they are up to code. After the weld is x-rayed the inspector waits for the film to come back from the lab. “How is it that you have a pipe already buried before you receive the film?” Inspector One asks, noting that he had a tech “receiving the film (on Tuesday) for a pipe buried last Wednesday.”

Spectra “has a checkered history of accidents and violations of federal safety rules in the U.S. and Canada dating back decades,” says Dan Christensen writing in the Miami Herald.  “Since 2006, the U.S. Pipeline and Hazardous Materials Safety Administration recorded 25 incidents that caused more than $12 million in property damage along Spectra’s main line — the 9,000-mile Texas Eastern Transmission that connects Texas and the Gulf Coast with big urban markets in the Northeast. The causes ranged from equipment failure and incorrect operations to pipe corrosion.”

SpectraBusters has a long list of links to stories about Spectra’s poor performance record.

Spectra, a multibillion dollar company, will likely cut a check to cover the damage in Pennsylvania. That check might amount to a day’s earnings for the company, maybe less. Meanwhile, what is the cost in human terms?

devastation 2The victim “told us that he heard a loud noise and compared it to a tornado. All he saw was fire and started running up the roadway and a passerby picked him up,” [Forbes Road Fire Chief Bob] Rosatti said.

“The heat was so intense that it was burning him as he was running,” he said.

A quarter-mile evacuation zone was established. Rosatti said the explosion and fire “damaged all the trees, all the utilities going down the roadway — the phone, cable, electric. Burned all the telephone poles off. It kind of looks like a bomb went off.”

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Rest in peace Daniel Berrigan, priest, activist, Block Islander


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Daniel Berrigan, arrested in Rhode Island.
Daniel Berrigan, arrested in Rhode Island.

Father Daniel Berrigan, the legendary peace activist-priest who publicly burned draft cards in 1968 and subsequently eluded prison for the famous act of civil disobedience until his arrest on Block Island in 1970, died Saturday. He was 94 years old.

“We have chosen to be branded peace criminals by war criminals,” Berrigan famously said while a fugitive of justice, days before his arrest by FBI agents in a barn on Block Island.

Berrigan was a Jesuit priest who formed his own ministry in New York City. He was a committed peace activist who traveled to North Vietnam with Howard Zinn and returned with captured American pilots. He was a socialist and a committed activist who believed civil disobedience was necessary to call public attention to American imperialism.

Berrigan-Block-IslandHe was also a part-time Rhode Islander, who spent many summers on Block Island years after being arrested there. The Spring Street house at which he was captured was left in a trust for him to use. “I get out there maybe a couple times a year,” Berrigan told Steven Stycos, writing for the Block Island Times, in 2001. Berrigan wrote a poetry book called “Block Island” and the house at which he was arrested in a fairly well-known tourist attraction.

His arrest there in 1970 is very well-known. Much of America surely first learned of Block Island through media reports of Berrigan’s arrest. It was covered in newspapers across the country and LIFE magazine ran a feature story detailing the incident.

“On an ominous morning in August, with a fierce nor’easter blowing up black clouds and spattering rain over the harbor, Daneil Berrigan lay asleep in a manger on Block Island, RI,” wrote Lee Lockwood in the May 21, 1971 edition of LIFE. “…Berrigan’s Block Island routine was to rise late and breakfast lightly on coffee and a piece of bread. Afterward, with books, paper and pen, and dressed ‘in some outlandish headgear,’ he would disappear below the crest of the Mohegan Bluffs until nightfall. Reappearing for then for drinks, dinner and conversation…”

On August 11, 1970, FBI agents, posing as bird watchers, descended on the Spring Street barn and arrested Berrigan.

Berrigan TimeBerrigan had first become a household name in 1968 for one of the most famous acts of civil disobedience during the anti-Vietnam War peace movement. “Nine Catholic activists, led by Daniel and Philip Berrigan, entered a Knights of Columbus building in Catonsville and went up to the second floor, where the local draft board had offices. In front of astonished clerks, they seized hundreds of draft records, carried them down to the parking lot and set them on fire with homemade napalm,” wrote the New York Times in Berrigan’s obituary.

They were arrested and dubbed the “Catonsville Nine” by the media.

In 1980, he was arrested for breaking into a nuclear missile site in Pennsylvania and pouring blood on files. This was the advent of the Plowshares Movement against nuclear weapons.

In 2002, at his 80th birthday party, Berrigan promised to keep up his disruptive form of protest until even after his death. “The day after I’m embalmed, that’s when I’ll give it up,” he said.

Youths secure second win in Washington state climate lawsuit


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Seattle, WA, April 29, 2016— In a surprise ruling from the bench in the critical climate case brought by youths against the state of Washington’s Department of Ecology (“Ecology”), King County Superior Court Judge Hollis Hill ordered Ecology to promulgate an emissions reduction rule by the end of 2016 and make recommendations to the state legislature on science-based greenhouse gas reductions in the 2017 legislative session. Judge Hill also ordered Ecology to consult with the youth petitioners in advance of that recommendation. The youths were forced back to court after Ecology unexpectedly withdrew the very rule-making efforts to reduce carbon emissions the agency told the judge it had underway. This case is one of several similar state, federal, and international cases, all supported by Our Children’s Trust, seeking the legal right to a healthy atmosphere and stable climate.

Screen Shot 2016-04-29 at 5.12.43 PMIn granting the youth a remedy, Judge Hill noted the extraordinary circumstances of the climate crisis, saying, “this is an urgent situation…these kids can’t wait.” The court discussed the catastrophic impacts of climate destabilization globally, including the impending loss of polar bears and low-lying countries like Bangladesh. The court explained that while it had no jurisdiction outside of Washington state, it did have jurisdiction over Ecology and would order the agency to comply with the law and do its part to address the crisis.

JaimeAfter a landmark November, 2015 decision, in which Judge Hill found that the state has a “mandatory duty” to “preserve, protect, and enhance the air quality for the current and future generations,” and found the state’s current standards to fail that standard dramatically, Ecology nonetheless unilaterally withdrew its proposed rule to reduce carbon emissions in the state in February, just months after Judge Hill specifically underscored the urgency of the climate crisis.

Screen Shot 2016-04-29 at 5.12.59 PM“It was absurd for Ecology to withdraw its proposed rule to reduce carbon emissions,” said petitioner Aji Piper, who is also a plaintiff on the federal constitutional climate lawsuit, supported by Our Children’s Trust. “Especially after Judge Hill declared last fall that our ‘very survival depends upon the will of [our] elders to act now…to stem the tide of global warming.’ I think Ecology should be ashamed by its reversal of potentially powerful action and today, Judge Hill issued a significant ruling that should go down in history books. Our government must act to protect our climate for benefit of us and future generations.”

“For the first time, a U.S. court not only recognized the extraordinary harms young people are facing due to climate change, but ordered an agency to do something about it,” said Andrea Rodgers, the Western Environmental Law Center attorney representing the youths. “Ecology is now court-ordered to issue a rule that fulfills its constitutional and public trust duty to ensure Washington does its part to reduce greenhouse gas emissions and protect the planet.”

Screen Shot 2016-04-29 at 5.13.14 PM“This case explains why youth around this country, and in several other countries, are forced to bring their governments to court to secure a healthy atmosphere and stable climate,” said Julia Olson, executive director and chief legal counsel at Our Children’s Trust. “Despite clear scientific evidence and judicial recognition of the urgency of the climate crisis, Washington and most governments across the U.S. and other countries are failing to take correspondingly urgent, science-based action. That failure unfairly consigns youth to a disproportionately bleak future against which they can only reasonably ask the courts to step in to address this most time sensitive issue of our time.”

“This is a massive victory,” said petitioner Gabe Mandell.

Related cases brought by youth to protect the atmosphere are pending before other U.S. courts in the federal district court in Oregon, and in the state courts of North Carolina, Pennsylvania, Colorado, Massachusetts and Oregon.

This is a press release of:

  • Our Children’s Trust is a nonprofit organization, elevating the voice of youth, those with most to lose, to secure the legal right to a healthy atmosphere and stable climate on behalf of present and future generations. We lead a global human rights and environmental justice campaign to implement enforceable science-based Climate Recovery Plans that will return atmospheric carbon dioxide concentration to levels below 350 ppm.
  • The Western Environmental Law Center (WELC) is a public interest nonprofit law firm. WELC combines legal skills with sound conservation biology and environmental science to address major environmental issues throughout the West. WELC does not charge clients and partners for services, but relies instead on charitable gifts from individuals, families, and foundations to accomplish its mission.

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