Conservation Law Foundation sues ExxonMobil


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Photo 1Conservation Law Foundation (CLF) announced at a press conference today that it has served formal notice of a lawsuit against ExxonMobil for its decades-long campaign to discredit climate change and knowingly endanger people and communities. An exposé last September by InsideClimate News revealed that ExxonMobil has engaged in a deliberate cover-up of sound climate science for more than thirty years, prompting CLF to launch its own investigation. CLF’s work revealed that the corporation’s deceit spilled onto New England soil and is subjecting local communities to undisclosed and potentially catastrophic risks in violation of both the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA).

“ExxonMobil’s strategy of publicly denying the very risks its scientists have known for decades has direct impact on Greater Boston communities,” said CLF President Brad Campbell. “ExxonMobil knowingly and unlawfully misled regulators about whether its Everett facility can withstand rising seas, more intense precipitation, and other climate impacts without spewing oil and other toxic pollutants into adjoining neighborhoods, the Mystic River, and the Boston Harbor. Today’s lawsuit – the first of its kind – aims to hold ExxonMobil accountable for decades of dishonesty and require that the Everett facility meet the legal standards for climate-readiness.”

At today’s press conference on the shores of the Mystic River, Campbell stood with numerous local leaders and activists in declaring that ExxonMobil’s irresponsible and illegal actions would no longer be allowed to go unanswered.

Photo 3Roseann Bongiovanni, Chelsea Green Space environmental justice advocate, commented, “I’ve lived in Chelsea my entire life, and for all that time there’s been imbalance between community members who desperately want waterfront access and the industries that dominate the water’s edge. A decade ago, ExxonMobil spilled thousands of gallons of oil into our river and denied its wrongdoing for months until confronted and forced to pay by the Department of Justice. Today, we have a greater understanding of the full extent of ExxonMobil’s climate denial and we have another opportunity to show the world that we won’t stand for it.”

In March of this year, Massachusetts Attorney General Maura Healey joined a coalition of 17 attorneys general seeking to hold fossil fuel companies accountable for campaigns to deceive customers, shareholders, and the public about climate risk. While CLF is the first organization officially to begin a civil lawsuit against ExxonMobil for this deceit, many other legal actions are likely to follow.

EkOngKar Singh (EK) Khalsa, President of the Mystic River Watershed Association, added, “The Mystic is one of our state’s great treasures, where hundreds of thousands of fish spawn, wildlife seek refuge and eagles fly overhead. Unfortunately, we continuously battle against a history of industrial contamination. It is time for ExxonMobil to step up to the plate and take responsibility for the ongoing harm it is causing our river and our community.”

CLF’s trial team for the case will include nationally renowned attorney Allan Kanner of the Louisiana-based Kanner & Whitely, whose firm has represented states and other plaintiffs in landmark cases against major oil companies, including claims arising from BP’s Deepwater Horizon spill.

Campbell added, “A generation ago, the nation was appalled by the indifference to public safety and the environment that resulted in a drunk ship captain grounding the Exxon Valdez on Alaska’s Bligh Reef, spilling millions of gallons of crude oil into the Prince William Sound. Today in Everett, we must hold ExxonMobil accountable once again for its indifference to the public in the face of potential catastrophe.”

An interview with Roseann Bongiovanni, Chelsea Green Space environmental justice advocate, about a previous oil spill by ExxonMobil in the Mystic, the corporation’s denial of any wrongdoing, and the enormous cost to the Chelsea community and economy.

Another interview with Roseann Bongiovanni speaking about the respiratory problems and other serious health issues caused by air quality levels that far exceed the EPA’s standards for safety.

An interview with EkOngKar Singh (EK) Khalsa, President of the Mystic River Watershed Association, talking about the importance of the Mystic River to the local communities and the neighborhood impacts from continued pollution.

This video from 2007 shows polluted water flowing from a large pipe into the Island End River after a rain event. ExxonMobil discharges polluted water through this pipe every day of the year— up to 280 gallons per minute during dry weather and much more during rain events. The pollutants ExxonMobil is discharging are extremely hazardous, and ExxonMobil’s discharges often grossly exceed the waste limits set out in its discharge permit. The Island End River is water quality impaired, as is the Mystic River into which it flows, and ExxonMobil is contributing to those impairments by discharging toxic pollutants on a daily basis.

Workers fight to unionize at Eastland Food Products in Cranston


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2016-05-13 Eastland Food 024I had never heard of Eastland Food Products Inc before hearing about the efforts of workers there to unionize. The company cleans, cuts and packages fruits and vegetables for supermarkets up and down the coast. Think of the half a butternut squash you might see at your supermarket, wrapped in plastic on a styrofoam tray. That’s likely come from Eastland Foods, 69 Fletcher Ave, in Cranston.

There are employees at Eastland who have worked there for twenty years, and they’re still making minimum wage. Workers claim to have never been paid time and a half to work on Sundays. There are allegations of sexual harassment, wage theft, and 60 to 80 hour work weeks. No one working there has ever had a vacation or paid sick days.

2016-05-13 Eastland Food 015It’s the kind of situation we don’t imagine happening in Rhode Island. It’s the kind of company we picture operating in a right-to work state down south, where workers are not treated fairly or humanely.

But it’s happening right here in Rhode Island.

An overwhelming majority of workers have already signed authorization cards expressing their desire to form their union and now have an upcoming union election with UFCW Local 328. In response, the owners of Eastland began mandating that employees attend anti-union workshops ahead of a unionization vote this coming Thursday. The owners seem to like the status quo, and don’t want a union to mess with their ability to treat their workers as disposable commodities.

As a consequence, workers today picketed outside Eastland, supported by UFCW 328 and representatives from Prov CLC, IBEW 2323, IBEW 99, Prov Newspaper Guild, Teamsters 251, IATSE 481, RI ALC-CIO, RI Painters Union DC 11, and the American Friends Service Committee.

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Mike Araujo and David Bennett

The owner of Eastland drove by in his white Cadillac Escalade as the picketers organized across the street. He and his office workers and family used their cellphones to take video and pictures of the brave employees who dared to call on their boss for fair treatment. When the protesters crossed the street and walked to the door of the offices to deliver a letter outlining their grievances, the owner locked the door and called the police.

The worker committee of Eastland Foods read the undelivered letter on behalf of the workers stating, “After many years of working very hard for this company, we have been neglected and we have been treated with very little respect. We know that for the work that we do, we deserve better. We feel that it is unfair that we only earn minimum wage and we have no vacations, paid sick days, or paid holidays.” They continued, “In less than a week, we will cast our votes in favor of forming our union and we look forward to finally addressing the major problems that we have struggled with here for so many years.” They ended the letter by respectfully demanding that management “put an end to the intimidation and scare tactics” and to accept their decision to form their union.

The owner kept the door locked even when State Representative David Bennett knocked and asked to speak with him.

The police arrived and after consulting with the owner, asked the protesters to move to the sidewalk. In all the protest lasted about half an hour.

When I called Eastland to ask about the workers and the protest they hung up on me. According to this website, Eastland was established in 1986 as a “fruit and vegetable broker.” It has estimated revenues of between $100 and $500 million dollars and employs about 75 people.

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Carson’s Sea Level Rise Commission issues final report and recommendations


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Rep Lauren Carson’s Special House Commission to Study Economic Risk Due to Flooding and Sea Level Rise issued its final report today, and has made several recommendations as to how Rhode Island can mitigate the effects of climate change.

These recommendations include:

  • Updates to local comprehensive plans, zoning ordinances, and building codes
  • Additional support for academic and scientific research on sea level rise
  • Increased communication concerning the financial impact of natural disasters and flooding; and
  • The development of a statewide property preparedness program for property owners.

Before an early morning kayak trip on Narragansett Bay.

Recommendation 1 calls for the “creation of a flood audit program for property owners and businesses to incentivize property fortification and adaptation.” Funding of this program could come from “through public or private investment.”

Recommendation 2 acknowledges the lack of awareness among government policy makers regarding climate change and sea level rise. “As such, several proposals should be developed to increase awareness: mandatory climate, flooding and sea level rise training for local planning commission, zoning boards, and realtors; a flood insurance incentive program for property owners in the floodplain; and, the dissemination of the Coastal Resources Center’s adaptation catalogue to property owners in the flood plain.”

Recommendation 3 came as a surprise to the commission, according to Rep Carson. The Fox Point Hurricane Barrier, completed in 1966, has only one small generator as back up in the event the grid goes offline during a hurricane or flooding disaster. “In light of the barrier’s age and scientific research projecting more hurricanes along the eastern seaboard, the Commission requests that municipal, state, and federal officials work with the Army Corps of Engineers and other federal agencies to review the Hurricane Barrier’s structural sufficiency.”

Recommendation 4 concerns getting businesses back on line as soon as possible after an emergency. This point was of particular concern to the commission, which states in their report that, “Assisting business continuity is critical to maintaining the economic fabric of the affected community.” The commission recommends that state policy makers “assess a potential business continuity toolkit that could include sales tax deferments during rehabilitation and reconstruction, trauma and mental health counseling for affected business owners and employees, unemployment benefits for displaced workers, bridge loan programs for businesses waiting for flood insurance payments and FEMA financial support, and concentrated marketing programs to highlight restored communities.”

Finally, having determined that “Rhode Island needs to more fully understand the economic implications of sea level rise,”  the commission recommends “a community by community analysis resulting in aggregate data that determines Rhode Island’s total economic exposure due to sea level rise.  State agencies should review all vulnerable assets and prioritize resiliency adaptation based upon the rate of return on their investment.”

You can access the full report here.

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Burrillville rallies against power plant at Siting Board hearing, part II


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2016-05-10 EFSB 05By the end of the nearly four hours of testimony before the Energy Facilities Siting Board (EFSB) concerning Invenergy‘s proposed fracked gas and diesel oil burning power plant in Burrillville on Tuesday night, 41 people had spoken. Six people spoke in favor of the plant, mostly union laborers hoping for jobs. One person gave testimony that was difficult to follow, so I’m not sure if he supported or opposed the plant, and one man spoke twice. Thirty four people, mostly Burrillville residents, spoke against the plant, often emotionally but just as often with hard facts.

The hearing was actually a continuation of the first public comment meeting, held March 30. That hearing was better attended by both the residents of Burrillville and the union, but it’s possible attendance was down due to a misleading advertisement place in the Bargain Buyer by Invenergy. The meeting was better run this time. EFSB Chairperson Margaret Curran set out the rules and the timing early, and for the most part the process went smoothly, though sometimes things became heated between residents and the laborers. There were many police officers on duty, both state and local. At one point I counted nine.

The hearing also acted as our introduction to this ongoing drama’s latest cast member, Parag Agrawal, the new Associate Director at the RI Division of Planning. For the first time the EFSB functioned with a full board. The third member is Janet Coit, Director of RI’s Department of Environmental Management.

Below find all the testimony, in order.

Ten year old Briella Bailey got the evening off to a good start when she spoke the the Energy Facilities Siting Board (EFSB). Bailey went over her allotted five minutes, and her testimony played well with those in attendance, so it would have been a bad move for Curran to cut her off. Besides, Bailey wasn’t the last person to go over time.

Amanda Mainville gave very cool testimony, comparing Invenergy’s Director of Development John Niland to the villain of the Dr. Suess classic, The Lorax. It was the first of two Dr. Suess references of the night.

Paul MacDonald, Burrillville resident and President of the Providence Central Federated Council and Legislative Director of Teamsters Local 251 spoke in favor of the power plant. His testimony was more nuanced than that given by union members and leaders at the last hearing. In a nod towards the concerns of environmentalists, MacDonald maintained that, “If the environment cannot support it, I’m against it.”

Part of Invenergy’s plan is to use well water contaminated by MTBE to cool the turbines. Burrillville’s legacy with this dangerous gasoline additive is painfully explored in the testimony given below. The people of Burrillville have already suffered through one toxic nightmare. They are loathe to invite another into their lives.

More incredible and brave testimony from Donna Woods. Her personal story is extrememely powerful…

Linda Nichols is considering a run for office. Her testimony might just be her first step towards getting elected.

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Raimondo agrees to meet with Burrillville residents about power plant


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2016-05-09 Raimondo in Warwick 007Governor Gina Raimondo agreed to meet with Burrillville residents about the proposed Invenergy power plant Monday evening after Kathy Martley, a Burrillville resident and founder of BASE (Burrillville Against Spectra Expansion) invited her. Raimondo was in Warwick, at the Veterans Memorial High School, as part of her “series of community conversations” around issues of job training. As the question and answer period began, Martley rose to give the Governor a flower and a card and invite her to Burrillville to discuss the power plant.

“We have a lot of worries about it,” said Martley.

Raimondo took Martley’s card and said, “Yes. I will do it… if you will host me at a community meeting in Burrillville I’d be very happy to do it.”

Raimondo has been an unwavering supporter of the fracked gas and diesel oil burning power plant since the plan was announced back in August of last year.

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Rep Shekarchi

Before the event started, outside the entrance to the school, members of BASE approached Representative Joseph Shekarchi, who doesn’t think the RI House will be voting on the plant, but said he is very close to Burrillville Representative Cale Keable and that he would support Keable’s opposition to the plant. Keable, along with Burrillville State Senator Paul Fogarty, wrote a strong letter to the Energy Facilities Siting Board (EFSB) in opposition to the plant. The EFSB has the ability to approve or reject Invenergy’s application.

In a Facebook post Keable wrote:

I have been exploring legislative possibilities with the State House legal staff. As the application has already been submitted, there are significant legal hurdles to simply “stopping” the plant. There is no doubt we could seek to change the law for future applications. We will continue to explore all possibilities. Legislation will be introduced shortly and there will be a public hearing scheduled at the State House. We are looking at requesting this hearing on the same day as a planned rally at the State House designed to let the Governor hear our voices. More on that as soon as I know.

On Tuesday, May 10 the EFSB will be holding the second half of its first public commentary hearing, starting from 6:00 PM to 10:00 PM in the Burrillville Middle School Auditorium, 2200 Broncos Highway, Harrisville.

On Wednesday, May 11 the Burrillville Town Council will have its regular meeting at 7:00 PM in the Town Council Chambers, 105 Harrisville Main St., Harrisville. It is unclear whether any of the business or public comment will concern the proposed power plant.

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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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PA gas pipeline explosion predicted by whistleblowers


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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.”

Patreon

RI Coalition Against Gun Violence holds 2nd annual State House rally


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The RICAGV (Rhode Island Coalition Against Gun Violence) held their second annual rally outside the State House, reaffirming their support for three critical pieces of legislation that would ban guns on school grounds, take guns away from domestic abusers and limit magazine capacity to ten rounds. The General Assembly has shown little appetite for these bills in past years, though there are some signs that some sort of compromise bill on keeping guns out of the hands of domestic abusers might pass this year.

This rally comes after a punishing Senate Judiciary hearing Tuesday night that lasted until after midnight. (I’ll have a piece on that over the weekend.) Speaking about Tuesday night’s hearing, Jerry Belair, president of the RICAGV, said that though he doesn’t like to speak ill of any elected officials, Senators Stephen R. Archambault (Democrat District 22, Smithfield, North Providence, Johnston) and Frank S. Lombardi (Democrat – Distict 26, Cranston), “did more testifying than almost anybody else. They seemed to be unwilling to listen.”

Between the first three witnesses, all representing the gun lobby, and the Senators own “testimony” it took three hours before a single member of the public representing the other side of the argument could testify, said Belair. When his side finally got to speak, said Belair, the Senators did everything they could to interrupt and disagree, “doing everything they could to not make us as effective” in delivering our message.

Belair teased a poll that the RICAGV will be releasing soon that indicates that Rhode Islanders, 3 to 1, want a ten round magazine limit. The same poll says 4 to 1 Rhode Islanders don’t want guns in schools (contrary to Senator Lombardi’s fantasy scenario spelled out here), and 92 percent of Rhode Islanders don’t want domestic violence offenders to possess guns.

The bills to disarm domestic abusers are House Bill 7283 and Senate Bill 2730.

The bills to keep guns out of schools is House Bill 7243 and Senate Bill 2761.

The bills to ban high capacity magazines are House Bill 7199 and Senate Bill 2835.

The RICAGV is encouraging Rhode Islanders to contact their elected officials and demand their support.

Below is all the music and speakers from the rally, plus plenty of pictures.

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Woonsocket police sued for unlawful arrest and detention of deaf person


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aclu logoThe American Civil Liberties Union of Rhode Island and the R.I. Disability Law Center have today filed a federal civil rights lawsuit on behalf of a profoundly deaf person who was arrested and detained overnight in jail by Woonsocket police for allegedly making an obscene gesture, and who was never provided an interpreter to allow him to communicate with the police during his detention. The case raises important issues regarding municipal agency obligations to accommodate residents who are deaf or hard of hearing.

The lawsuit argues that city officials violated plaintiff David Alves’s “statutory and constitutional rights by unlawfully arresting and detaining him, charging him with violating an unconstitutional City criminal ordinance, subjecting him to discrimination on account of his disability, and failing to accommodate his disability.”

The arrest took place late one night last July, when Alves and some friends were at the City Side Club in Woonsocket to celebrate a friend’s birthday. After a verbal altercation between the bouncer and members of the group, police were called. On his way out of the bar, Alves gestured toward the bouncer with the American Sign Language sign for “b*llsh*t,” which police who had arrived at the scene interpreted as giving them the middle finger. Immediately after making the gesture, Alves was arrested by the police for violating a city ordinance banning “obscene language or mak[ing] an obscene gesture.”

While being booked and held at the station overnight, Alves’s requests for a sign language interpreter were ignored. When a deaf friend came to the station to check up on him, a police officer handed the friend a note saying that Alves would “be out in the morning no problem . . . These things happen, he just needs to take it as a learning experience.” In the morning, he was released from custody and issued a summons to appear at court on the ordinance violation. A few months later, a Municipal Court judge dismissed the criminal charge.

Today’s lawsuit, filed by ACLU volunteer attorneys V. Edward Formisano, Michael Pushee and Alyse Galoski, and RI Disability Law Center attorney Katherine Bowden, raises a host of constitutional and statutory claims, including that:

  • The City’s “obscene gesture” ordinance is unconstitutionally overbroad and vague in violation of the First Amendment
  • The arrest and overnight detention of Alves without cause violated his rights to due process of law and freedom from unreasonable searches and seizures; and
  • The police officers’ failure to procure an interpreter or provide other means to effectively communicate with Alves violated a number of federal and state laws barring discrimination by municipal agencies on the basis of disability.

Among other remedies sought, the lawsuit asks the court to rule the “obscene gesture” ordinance unconstitutional, declare Alves’ arrest and detention unlawful, order the City to implement policies to prohibit future discrimination against deaf or hard of hearing individuals, and award Alves unspecified monetary damages for violating his rights.

Below are quotes from the participants in today’s lawsuit:

Plaintiff David Alves: “I need to fight this case so that other people don’t have to go through the same thing I went through.  Deaf and hard of hearing people deserve the same dignity anyone else deserves.  If they violate my civil rights, then they might feel they can violate other people’s civil rights. I want to do what I can to prevent that.”

ACLU of RI attorney V. Edward Formisano: “Mr. Alves was unlawfully arrested and detained under an unconstitutional law. To add insult to injury, he was not provided with the accommodations he needed for his obvious disability. We are confident that a court will vindicate the rights that were so unfairly denied Mr. Alves.”

RIDLC attorney Katherine Bowden: “Municipal compliance with federal and state laws prohibiting disability discrimination is mandatory, not optional. People who are deaf and hard of hearing have a right to equal access to city services, including the right to effective communication with the police and other city officials.”

ACLU of RI executive director Steven Brown: “In this country, people cannot be locked up simply in order to give them a ‘learning experience.’ We are hopeful this lawsuit will send a clear message to all law enforcement agencies that there are basic constitutional limits on the use of their formidable police powers, and that they cannot ignore their obligations under anti-discrimination laws to treat people with disabilities fairly.”

A copy of the complaint can be found here.

Trump comes to Rhode Island: The Good, the Bad and the Ugly


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2016-04-25 TRUMP 082The best and the worst that Rhode Island has to offer was on display during Republican presidential candidate Donald Trump‘s visit Monday. Members of the White Noise Collective, DARE (Direct Action for Rights and Equality), PrYSM and more came out in opposition to Trump’s message of fear, racism and misogyny. Inside the venue, Trump’s stump speech was interrupted four times by protesters, who were escorted out of the Crown Plaza Hotel without violence.

Jessie Justin, an organizer with White Noise Collective and Rhode Island resident, explained in a statement why she has come to protest, “Trump is actively building a culture of hate that directly threatens my Muslim, immigrant, and black neighbors, and we want to make it clear that here in Rhode we are united as a community. His anti-immigrant actions, racism, and Islamophobia are not welcome here.”

In a statement, the White Noise Collective explained that they…

…came to the event today as an affiliated group of Showing Up for Racial Justice (SURJ), a national network of groups and communities organizing white people for racial justice with passion and accountability to person of color leaders and organizations. SURJ groups around the country have been showing up to Trump rallies to speak out against racism, Islamophobia and xenophobia since the Trump’s campaign began in 2015, including a recent blockade action at Trump’s event venue in Wisconsin where six protesters were arrested.

“For us today was not about a presidential race,” says Beth Nixon, a member of White Noise Collective and Rhode Island native, “it’s about presenting an alternative vision to Trump’s: that the US can be an equitable country that welcomes and includes all people. As one of the wealthiest countries in the world, there are enough resources for everyone here to live with safety, health, and dignity.”

Meanwhile, outside, things became very heated. Once Trump’s motorcade entered the Crowne Plaza driveway, and Trump stepped from his car to wave at supporters, those outside the venue, including Trump supporters, Cruz supporters and Trump opponents, crossed the street and followed Trump as near to the tent behind the hotel where Trump was speaking as security would allow .

Trump fans, perhaps exasperated to have waited hours, only to find the venue too small to accommodate the full crowd exchanged words and chants with Trump opponents. While Trump supporters chanted “Build the Wall” and “Ten Feet Higher” opponents countered with “Black Lives Matter” and “Love Trumps Hate”.

Perhaps the darkest moment came when a Trump supporter assaulted a man. The police took the man who was punched into custody, handcuffing him. Trump opponents were outraged because the police seemed only interested in arresting the person with the darker skin, who was in fact the victim. Ultimately the man was released by police when video and photographic evidence proved the man was assaulted and only defending himself.

Trump fans also splashed two Trump opponents with liquid from a water bottle and grabbed a camera from another Trump protester and threw it on the ground. If there were more incidents like this, I did not see them.

Another moment that was worrisome occurred when a group of young male Trump supporters thought it funny to chant “Dicks out for Trump” at a young woman with a Black Lives Matter sign in her hands. This was a rape threat, plain and simple, even if it was delivered “humorously” as a police officer stood near by. This event highlighted the misogynistic undertone of Trump’s candidacy. Shirts were being sold outside and worn inside the event saying “TRUMP THAT BITCH!” on the back and in case that was too subtle, the front of the shirt features pictures of Hillary Clinton and Monica Lewinsky and the words, “Hillary sucks, but not like Monica”.

Perhaps the best way to describe the tenor of the event is to point out that one of the first speakers at the event, the warm up act, if you will, was WPRO radio “personality” John DePetro. In many ways the event was like a live, interactive version of his radio show… or a circle in Dante’s Hell.

Despite the incidents above, the protest and the event was largely peaceful, given the high level of emotions on both sides. Trump may have been interrupted, but he was never shut down or prevented from giving his fans the full Trump experience. In fact, disruptive protests have become so common at Trump rallies that the campaign runs a sort of public service announcement at the beginning of each show saying that protesters should not be touched but simply pointed out to security to be taken away.

Below are some pictures.

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The case for letting Trump supporters rally


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Donald_Trump_August_19,_2015_(cropped)Donald Trump will be holding a rally at 1pm Monday at the Crowne Plaza in Warwick, and some Rhode Islanders hope to shut the rally down.  That’s not surprising; Trump likes to attract controversy and is good at doing so.  My aim in this article is to argue against trying to shut down the pro-Trump rally.

I can’t decide for others about what’s a good protest and what isn’t.  But I think it’s healthy to start some discussion of the pros and cons.  Steve Ahlquist already began the debate last week in an article suggesting that Trump should be shouted down and chased out of the state.  I’d like to speak up for the other side.  As the discussion goes on, people will make their own decisions, whether it’s to promote the belligerent confrontation that Trump seems to relish or to look for alternative ways of dealing with the situation.

Can disruptive protests be a good thing?  I’m sure they can, in the right situations.  Take what happened at Brown University in 2013, when Ray Kelly, then the chief of New York City police, was invited to speak.  Some Brown students and Providence residents decided to hold a protest then, for several reasons. Kelly had been responsible for a stop-and-frisk program that often turned abusive towards innocent people, particularly people of color. Kelly’s police aggressively worked to disrupt protests against things like the Wall Street bailout. Kelly conducted intensive spying on Muslim communities, considering Muslims as belonging to suspicious “ancestries of interest”, and conducted police operations far outside his legal jurisdiction as part of this effort.  But it wasn’t just Kelly’s record that inspired the protest.  The protest was also because people were concerned about Brown University’s agenda.

When Brown invited Ray Kelly, they didn’t just invite him to speak.  The university gave him an especially honored speaking slot, the annual Krieger Memorial Lecture.  Perhaps they thought this was appropriate — his status as the then chief of New York City’s police counted in his favor.  Although there were plenty of known bad spots on Kelly’s record, university officials’ treatment of Kelly was focused on his high prestige instead.  Further, the university arranged for Rhode Island police to be seated in special rows in the audience to better take in Kelly’s talk, “Proactive Policing”.  The message was that Kelly had something important to say to Rhode Island police.  Many Rhode Islanders were seriously concerned about Kelly’s record and thought that there were better alternatives to Kelly’s “proactive policing” that deserved to be heard.  But Brown University didn’t give the same kind of honored speaking opportunity to those who are hurt by over-aggressive policing even here in Rhode Island, nor to those who present alternatives to Kelly’s aggressive practices.  The night before Kelly was due to speak, a few dozen concerned people met together on Brown’s central lawn, and Joe Buchanan of South Providence made one of the best speeches I’ve heard at Brown.  Someone like him from South Providence, or any regular Rhode Islander who had something to say about police practices, would be very unlikely to get the kind of honored speaking opportunity Kelly got or even to speak officially at Brown at all — that’s not how Brown works.  It should be clear, by the way, that the protest wasn’t about trying to stop Kelly’s views from being heard.  The problem was that Brown was promoting Kelly’s approach to policing and not giving much consideration to alternatives.  If Kelly had been invited to speak as part of a panel, where another view could have been heard as well, there would have been little or no protest.

In the end, when Kelly’s speech was scheduled to begin, there was a lot of heckling.  I had taken part. to a small extent, in the preparations for the Kelly protest, though I didn’t get into the room where he was scheduled to speak because it was full.  Inside the room, some protesters, as planned, presented a statement of their own that they had prepared.  The plan had never been to stop Kelly from speaking entirely, but when Brown officials saw the heckling and found that not many of those in the room wanted to hear Kelly, they chose to cancel the speech.  Although the media didn’t do a good job of describing what the Ray Kelly protest was about, and some outside observers mistakenly thought the protest was aimed at censoring Kelly’s words, the protest did have a good effect.  It led to good conversations particularly inside Brown, and the university realized it had done something wrong in how it had given a platform to Kelly’s words to the exclusion of others’.  Brown hasn’t learned all the lessons it should here — it still isn’t that good a neighbor to the community, and doesn’t listen enough to ordinary Providence residents whether they’re white or they’re people of color.  But all in all, the protest did have a constructive effect on Brown, and it did a little bit to promote the views of those who want police to respect people’s rights more.

It’s tempting to put a Donald Trump rally in the same category as the Ray Kelly speech, and in many ways Trump is worse than Kelly was.  But is it a good idea to give Trump the belligerent confrontation that he feeds on?  There were disruptive protests against the Nazi party as the Nazis were gaining power, and the Nazis were able to use those protests to expand their appeal.

We’ve had protests against illiberal speakers before in Rhode Island, and it’s clear that these protests regularly end up escalating beyond what was originally planned.  Take what happened when a small media event was held at the RI State House in February by people who didn’t want Syrian refugees coming to Rhode Island.  Over a hundred protesters turned out hoping to support Syrian refugees.  Organizers had encouraged many to come to the pro-refugee protest, emphasizing in advance that the message should be positive.  But that wasn’t what happened.  Former congressman Pete Hoekstra was able to give his speech arguing against taking in Syrian refugees, despite considerable heckling.  But his fellow speaker Charles Jacobs, who did most of the talking, took a different approach.  He quickly got into a back-and-forth with many of the protesters, and said that he would feel vindicated if he was shouted down.  His words succeeded in achieving that result.  By making outrageous claims in defiance of common sense (such as his claim that Syrians are all taught in high school to be genocidal), and by provoking protesters further by saying things like “You know I’m right”, he successfully got many of the protesters to shout him down.  One mild-mannered protester, who joined others in yelling at him, said to me that his words felt like “blood libel”.  A number of the protesters didn’t take part in the shouting down, and I could see at the time that there were some who didn’t think it was a good idea.  But most of the protesters did end up shouting Jacobs down, despite organizers’ initial plans.

Protesting a Trump rally is likely to cause more problems.  At the Ray Kelly protest, and at February’s Syrian-refugee protest, there was no intention at the beginning to stop people from speaking.  But with Trump, people are already talking about trying to shut Monday’s Trump rally down.  That means there’s a high risk that things will go further than that, because these things have often ended up escalating beyond protesters’ initial intentions.

A good example is what happened at the only Trump rally which actually was shut down due to a protest, in Chicago on March 11.  It wasn’t just that people’s emotions got out of control — some protesters in Chicago were clearly deceiving themselves about what their emotions were, like the woman who held up a “No Hate” sign while joining in a loud “Fuck Trump” chant.  Some ripped up Trump signs, and there were tussles and fistfights between those on opposite sides of the Trump issue.  The evidence suggests that not all of the fights were started by Trump supporters.  One anti-Trump protester challenged someone else to fight — “You fucking neo-Nazi prick, come down here”, although the other person had done nothing more than speaking a few words.  (The protester wasn’t listening anyway — the person he was challenging to fight had just been saying “I don’t support Trump.)

This, of course, is the opposite of “We are the 99%”.  The shutdown of the Chicago rally didn’t hurt Trump at all, but it did involve physically attacking those in the 99% who have been persuaded to support Trump.  That makes them, and their allies, feel more threatened and more willing to support Trump. I talked to one Rhode Islander who is in favor of protesting a Trump rally, and he said that, yes, there might be some “collateral damage” (his term).  But taking actions that are likely to cause unplanned and often misdirected “collateral damage” amounts to sending a very public message of “We don’t care what happens to you”.

It’s well-known that one reason why Trump has been getting considerable support is that, to many of his supporters, he seems like the first person to run for president who is willing to seriously question what typical politicians say.  People like him for that reason, because they can see that there’s something wrong with the current system and they want someone who seems to be a strong alternative.  And it’s easy for Trump supporters to get persuaded that the angry protests against Trump are only a result of Trump’s opposing the system.  Negativity directed at Trump supporters, which is how these protests end up being perceived, will only lead Trump supporters to support him more as the person who can save them.  I know people may not want to face it, but Trump got a larger share of votes after the March 11 Chicago protest than before it.  This kind of protest is the opposite of winning people over — by demonstrating negativity towards Trump supporters, it strengthens Trump’s message that he is the one who will save you.

The fact that Monday’s rally is part of the presidential campaign makes it more likely that an angry protest won’t work as well as intended.  Of course, our election system is very far from representing the will of the people.  But many people, even those who have essentially given up on the election system, still retain hope that some day, the election system might have some role to play in changing things for the better.  The fact that the election system pays lip service to the idea of one person, one vote, causes elections to be viewed as symbolically important in giving influence to every state and every group of voters.  That’s just how elections are perceived.  Obviously, there can be no such thing as a fair vote if the group of people who support one candidate are prevented from holding a campaign rally.  That’s true no matter whether it’s a Trump rally, a Sanders rally, a Green party rally, or a rally by an independent socialist-party candidate.  Shutting the rally down is an attack on the right to have a fair vote, because it means that this one candidate’s supporters don’t get the chance to meet like other candidates’ supporters do.  And this isn’t something that can be justified by pointing to the many problems with our current election system.  If those who disagree with your group try to keep your group from holding a campaign rally, that’s saying that they don’t want your voting rights to mean much, but it’s saying more than that too.  Even if those who shut down the Chicago rally had carefully and patiently explained to the Trump supporters that their intention was to build a new, more democratic system in which everyone would have an equal voice, that message would have been so obviously hypocritical that it couldn’t possibly have been taken seriously.  If you really believe that everyone should have an equal voice, you don’t try to shut down supporters of a political movement you disapprove of.

Trump, like Charles Jacobs at February’s anti-Syrian-refugee event, aims to provoke protesters further.  And unlike Charles Jacobs, he has proven able to use the media to gain more supporters as a result of increased protests against him.  In Weimar Germany, the Nazis exploited protests against them in this way — the angrier and more aggressive the anti-Nazi protests were, the more the Nazis exploited them.  I don’t think Trump is as bad as the Nazis, but he is still bad enough that it would be deadly to let him exploit protests like that.  The increasing percentage of votes for Trump, after well-publicized protests against him, shows that some people are now supporting Trump who didn’t have him as their first choice before.

Part of Trump’s skill is that he thrives on provoking clashes within the 99%.  He is able to do this both to his supporters and to his opponents.  One example of that is how it feels satisfying, righteous and powerful to shut down a Trump rally.  Those are the kind of feelings people always have while suppressing activities and communication that they don’t like.  The emotions are the same no matter whether the people doing the suppressing are left-wing, right-wing, or anything else.  The message communicated is not just the “We think you’re wrong” message that some protests send — it sends the sharper message that “Even if your point of view could somehow be considered legitimate, that wouldn’t matter anyway because we’re more powerful and we’ve decided to shut you down.”  I suppose Trump supporters may be capable of shutting down their opponents’ events while feeling the same satisfying sense of righteousness and powerfulness that the Chicago protesters felt.

But the satisfying feeling of shutting down a Trump rally tends to be somewhat delusional.  One blogger, noticing the increasingly rash actions that Trump protesters have gotten into, predicted that “Someone will die”.  I hope that doesn’t happen, but we’ve already seen multiple people doing things like fruitlessly trying to rush the stage at Trump rallies, and it wouldn’t be surprising if someone got killed.  What this looks like to me is emotion-driven action — action that’s aimed at feeling powerful rather than carefully achieving a constructive result.  I don’t think I would be doing any favors to my fellow opponents of Trump, including those who face discrimination and oppression, if I encouraged them to act in this emotion-driven way.  I’m trying to be honest about what I think will work best, and after that I want people to make their own decisions.

Progressives, and those who want to change the system, especially need to protect the standard that no group should have its assemblies and communications shut down, and that everyone should be able to be equally represented with their views even when others think those views are misguided.  The more we can build up that standard — preventing our side from shutting down opponents’ events and preventing others from shutting down ours — the stronger we are in the long term.  We need the right to assemble in order for the good ideas we have to grow.  Just as we don’t want dozens or thousands of Trump supporters shutting down our events, we shouldn’t try to shut down theirs.

It’s easy to feel worried about a Trump presidency.  People at every period of history have been worried about a new leader taking over: if this man or this woman becomes leader, it will be THE END, or it will be the FINAL SHOWDOWN.  But in reality, things tend not to be so apocalyptic as history develops.  We’ve had bad presidents before, and survived them.  I think we’d be better off if Trump was not elected, but the idea of preventing a Trump presidency by direct action is so implausible and counterproductive that I can’t believe it’s the right the way to go.  I’d rather devote effort to surviving a Trump or Hillary presidency and coming out of it with our rights strengthened.  And for that, I think it’s necessary to remain open to those who are currently misguided enough to be Trump supporters, which includes listening to them.  I expect if we listen, a lot of Trump supporters would have good things to say.  We may want them to learn from us, but people rarely learn from you unless you’re willing to learn from them.

I want to emphasize one of the main justifications for freedom of assembly and freedom of speech.  People who feel righteous in trying to shut down their opponents’ assemblies and communications are always sure that they’re justified in doing that, because they think their own views are right.  But history shows that those who think all their own views are right are always wrong.  If you look at even the best people who lived 100, or 200, or 300 years ago, they all had some ideas which we would now recognize as wrong.  In the same way, the things that we progressives believe now will include some things that, in future, will be seen to be wrong.  That means that we can’t afford to suppress views we disagree with, and we can’t get used to things like shutting down Trump rallies.  We have to be able to learn when we’re wrong, and that means letting those who disagree with us meet, speak, and participate fully in political processes.  Sometimes we may go to protest at events of people we disagree with, and often that’s the right thing to do.  But shutting down a campaign rally by Trump’s supporters is the wrong place to do that — it just fruitlessly sends a message of trying to suppress the rights that other ordinary people have to support their own views.

I would emphasize, instead, that human dignity includes the right of all humans to make their own choices and to make efforts to further their views. Respect for human dignity requires respecting people’s right to do that even when they’re misguided, like Trump supporters are.  The real alternative to the kind of conflict within the 99% that Trump likes to stoke is for us to respect Trump supporters’ right to have and support their own views, and for us to make a convincing case — as we’re fully capable of doing — to show that Trump’s program is wrong, while not completely shutting our ears to any good points that various Trump supporters may have.    One of the most insidious ways in which Trump distorts reality is by making many progressives feel that they need to start attacking fellow members of the 99% instead of talking constructively and making new alliances.

The attempt to shut down the Chicago Trump rally turned out to be basically about information suppression. It suppressed a prominent attempt at communication by one group, but wasn’t anywhere near as powerful in persuading new people that the progressive viewpoint is right.  So it was more about suppressing information than bringing out new and more persuasive information.  If political action in our society takes that kind of turn, we lose.  There are plenty of forces in our society that want to suppress information, that want to be able to exert power to keep various sorts of groups from organizing and meeting.  It’s definitely a possibility that our society, in future, will see much more suppression of information and shutting down of meetings.  I don’t think that’s a good future at all.  We have to keep information open and leave people free to meet and hold events.  A society where it’s more easy to stop people from meeting or from communicating ideas that someone judges unacceptable would be an ignorant, unjust, irrational society, full of cover-ups and oppression.  Sometimes the tactics we choose end up stoking the strengths of our opponents.  Again, I recognize that people are free to make their own choices on how to respond to the Trump rally.  But I think trying to shut it down is counterproductive, and I’m glad the debate on this continues.

Whitehouse addresses power plant protesters


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2016-04-22 URI Climate 007Senator Sheldon Whitehouse wrapped up his keynote address at a University of Rhode Island Climate conference addressing members of Fossil Free RI who stood in the room silently holding signs asking him to weigh in against the proposed power plant in Burrillville. Among those holding signs were Lisa Petrie, who was recently arrested in Governor Gina Raimondo’s office after refusing to leave the building until the Governor agrees to meet with residents of Burrillville about the plant, and Professor Peter Nightingale, who was arrested in Senator Whitehouse’s office protesting fracked gas in 2014.

Whitehouse mistakenly refered to the sign holders as members of FANG, but of course FANG was in Boston during Whitehouse’s keynote, as can be seen here. Whitehouse seemed to say that while he appreciates the efforts of those holding signs, his priorities are on things other than preventing the expansion of natural gas infrastructure in Rhode Island.

I think the biggest message here, though perhaps not the one Whitehouse intended to deliver, is that the residents of Burrillville can count on getting no help from their Senator on this issue.

They are on their own.

More on the climate conference will be released over the weekend.

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Here are Senator Whitehouse’s full comments:

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FANG targets State Street Corp. in Boston over fossil fuel support


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A group of people associated with The FANG Collective carried out an action at the international headquarters of State Street Corporation in downtown Boston on Friday. Two members of the group locked-down to two doors at the main entrance of the building using bicycle locks while others swarmed inside urging the companies to end its investments in the fracked-gas industry.

Galen Shireman-Grabowski and Jay Gustaferro of Gloucester, MA were extracted from their lock down by security and police and placed under arrest.

State Street Corporation is Boston’s oldest financial institution and has $28 trillion in assets.  State Street is one of the largest institutional shareholders of a multitude of companies involved in fracking, fracked-gas pipelines and liquefied natural gas (LNG) exports. Among their top holdings is Spectra Energy, whose pipeline expansions projects have come under intense scrutiny across the Northeast.

“State Street Corporation with it’s holding in companies like Spectra Energy, Anadarko and Dominion, is fueling the climate crisis and impacting communities that are being inundated with fracked-gas infrastructure across the country,” Said Shireman-Grabowski who traveled from Vermont for the action.

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State Street Corporation has faced protests over the past year from activists resisting Spectra’s “AIM” pipeline expansions project, Dominion’s Cove LNG facility in Maryland and Kinder Morgan’s “NED” project. On Wednesday Kinder Morgan declared that they were indefinitely delaying the NED pipeline project that would have cut across Massachusetts.

Activists held signs that listed a number of the fracked-gas companies that State Street has holdings in that read “State Street We See You.” Another banner deployed on the site read “State Street Divest: No More Pipelines.”

“State Street Corporation is locking our world into a climate crisis and they can no longer hide from public scrutiny. We are watching them, and we will hold them accountable,” said Gustaferro.

[from a press release]

Protesters target National Grid in Massachusetts, 4 arrested


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IMG_0310Four people have been arrested at National Grid‘s North American headquarter building in Waltham, MA. National Grid, one of the Northeast’s largest utility companies, has a track record of injustice.

[Update: All 4 activists were booked at the Waltham, MA Police Station and are being transferred to the Waltham District Court at 38 Linden St. All have been released.]

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On Wednesday a group of residents from the Boston area launched a sit-in at National Grid’s North American Headquarters. Activists cited concerns about National Grid’s practice of utility shut-offs, past and proposed rate hikes, and the company’s support of Spectra Energy and Kinder Morgan’s proposed fracked-gas pipeline projects.

The activists deployed a report card-style banner in National Grid’s lobby with “subjects” and bright red Fs indicating failing grades. Alongside these grades were required action the activists would like to see the company take. Highest on the list banner was National Grid’s practice of utility-shut offs.

IMG_0291“Utility shut-offs disproportionately impact the most vulnerable members of society; elders and those with disabilities, low-income communities, and people of color,” said protester Carly Toomey. “Rate hikes and shut-offs fuel displacement in areas already reeling from gentrification.”

The FANG Collective, who supported the action, has been fighting Spectra Energy’s fracked gas pipelines in the region for two years. National Grid is a 20 percent stakeholder in Spectra’s proposed Access Northeast pipeline, a $5 billion project that would be paid for by a ratepayer tariff on National Grid consumers.

The activists pointed to the fact that the shift to fracked-gas as an energy source requires the construction of  infrastructure like power plants and liquefaction facilities in low-income communities and communities of color. Proposed facilities are planned for Salem and Brockton, MA, Providence and Burrillville, RI, and Bridgeport, CT, among others.

“We demand National Grid drop their support for fracked-gas infrastructure and instead fund local green jobs, especially for women and people of color,” said Jonathan Barry who participated in the sit-in. “These investments would contribute to healthy communities as opposed to displacement and climate change.”

[From a press release]

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Lisa Petrie arrested at State House protesting power plant


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One time RI Future contributor Lisa Petrie was arrested at the State House this evening by State Police for failing to leave the State Room after protesters demanded an audience with Governor Gina Raimondo over the proposed Invenergy oil and fracked gas burning power plant proposed for Burrillville. Petrie is a member of Fossil Free RI and a long time environmental activist here in the state.

[Update courtesy of FANG (Fighting Against Natural Gas): Lisa, resident of Richmond, RI, was charged with willful trespassing and has a court date set for May 6th.]

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When State Police told the protesters to leave the State Room at 4:30pm, Petrie refused, and stayed alone in the room. Every one else, including the press, was instructed to leave the building. At about 7pm Petrie seems to have been arrested and taken out the side door of the State House. It is not known if she had any interactions with the Governor while she was alone inside the building.

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Seconds after placing Petrie in the rear of the vehicle, an officer placed the circular “NO NEW POWER PLANT” banner in the car with her.

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Power plant protesters take over State House state room


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2016-04-19 Power Plant State House 014Burrillville residents and local activists began a sit-in at Governor Gina Raimondo’s State House office, urging the Governor to drop her support of the fossil fuel power plant proposed for Burrillville.

Members of The FANG Collective (Fighting Against Natural Gas) and BASE (Burrillville Against Spectra Expansion) are sitting-in at the office with a large circular banner that shows the local impacts of the proposed power plant, and the global impacts of climate change, which the power plant would significantly contribute to.

“Governor Raimondo should not be supporting a power plant opposed by her constituents that would cause problems ranging from increased truck traffic and cancerous MTBE water locally to increased violence against women and more climate refugees globally,” said Burrillville resident and BASE founder Kathy Martley.2016-04-19 Power Plant State House 007

Governor Raimondo has been a staunch supporter of the proposed power plant. The plant would burn diesel fuel and fracked-gas and use water contaminated with MTBE (a now banned gasoline additive) to cool its turbines. BASE and FANG are urging the Governor to revoke her support of the project.

“We are asking the Governor to listen to her constituents and to be on the right side of history by helping us stop this toxic project,” said Lorraine Savard of Central Falls

Today’s sit-in comes on the heels of an action yesterday during which BASE and FANG dropped banners from the fourth floor of the Department of Administration and sat-in at the Office of Energy Resources (OER). That action immediately led to an in-person meeting with Marion Gold, the Commissioner of the OER who was been a supporter of the Invenergy project.

“We will keep organizing and taking nonviolent direct action until the people of Burrillville are listened to and Invenergy’s power plant proposal is scrapped,” said Nick Katkevich of The FANG Collective.

[From a press release, more to come]

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Banners dropped at RI Office of Energy Resources opposing power plant


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2016-04-18 Marion Gold 004Two large banners were dropped from the fourth floor of the Rhode Island Department of Administration Building outside the offices of the Rhode Island Office of Energy Resources (OER), to protest Commissioner Marion Gold’s support of the fracked-gas and diesel fuel power plant planned for Burrillville by Invenergy.

One banner read, “All That Glitters is Not Gold” and another “No New Power Plant”.  The group began a sit-in at OER office, demanding that Dr. Gold revoke her support of the power plant project and pledge to meet with Burrillville residents.

“For five months we have been trying to schedule a meeting with Dr. Gold to no avail. Enough is enough.“ said Kathy Martley a Burrillville resident who participated in the sit-in and one of the founders of BASE (Burrillville Against Spectra Expansion).  “We need our State’s energy leaders to stop supporting fossil fuel projects”.

After being ordered by the Capitol Police to roll up and remove the banners, Dr. Gold emerged from her offices, initially saying that she did not have time to meet with the small group because the Federal Energy Secretary Moniz, in town to deliver a lecture at Brown University.

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Gold then reconsidered and offered the group ten minutes, which turned into 15. Kathy Martley and others explained their objections to the plant. Nick Katkevich, of FANG, (Fighting Against Natural Gas) asked Gold to reconsider her support for the plant. Gold indicated that she is waiting “for the process to play out” before making a decision about the plant, but Katkevich countered that in the past she has supported the plant.

Gold also wouldn’t say she supported the plant, adopting a curiously neutral position, given her past support.

“The power plant is bad for Burrillville, bad for Rhode Island and will impact the most vulnerable communities around the world by contributing to global climate change. We are asking Dr. Gold to do the right thing and revoke her support of this project,” said Sally Mendzela of North Providence in  a statement.

In a statement the group added, “According to the region’s utility regulators, this power plant is not necessary to meet demand. Rhode Islanders should be weary of Invenergy’s false claims. They are not concerned about what’s best for Rhode Island, only what’s best for their own profits.”

You can watch the meeting with Marion Gold in the video below.

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Burrillville Town Council seemingly at odds with residents over power plant


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Wednesday night’s Burrillville Town Council meeting lasted over three full hours, and though the council considered other business, the majority of the discussion concerned Invenergy’s proposed fracked gas and oil burning power plant. Anticipating a larger than usual presence at the meeting, the Town Council wisely moved the session to the Burrillvile High School, with its spacious auditorium. Oddly though, the meeting was scheduled for the school’s media center, which did not have nearly enough seating or microphones set up for people to hear.

Councillor David Place entered the auditorium, (which was set up with microphones and seating for the Town Council meeting) and marched everyone to the media center, only to have the meeting start with a motion to move the meeting back to the auditorium.

It was a poor way to start what promised to be a contentious meeting.

After getting the formalities of the Pledge of Allegiance out of the way, Council President John Pacheco III called for public comment. Attendees were warned that during public comment, the Town Council would only be allowed to listen, not comment or answer questions. In all, 23 people spoke during this time, all but one in opposition to the Power Plant. The one speaker who did not speak against the power plant merely wanted to remind everyone of the upcoming Burrillville Earth Day clean-up. (I’ve moved the 22 speakers to the end of this post.)

After conducting other town business, (not included here) the council got around to Agenda item 16-104. Town Councillor Kimberly Brissette Brown suggested that the Council hold a series of community workshops to allow the public to interact with town council members to learn more about the proposed power plant in an unofficial, less structured way. I’m not sure how unstructured and unofficial meetings between the public and town council members, outside properly held town council meetings is not an end run around the open meetings law, but we’ll see how this plays out.

Next up was Kathy Martley, of BASE (Burrillville Against Spectra Expansion), who has been fighting the fracked gas infrastructure in her town for two years. Martley asked a series of questions as to how the town council will deal with Invenergy, yet instead of answering directly, council members became defensive and even combative. Town Solicitor Oleg Nikolyszyn explained that the Town Council is powerless to stop the plant from being built.

Martley asked the Town Council to pass a resolution unequivocally opposing the plant, similar to the resolution passed by the Providence City Council regarding the liquefaction facility at Field’s Point. Council President Pacheco replied that it “would be very irresponsible to issue that kind of a statement.” He insisted that the council must “remain neutral” because “we appoint the zoning board, we appoint the planning department and no way in hell can we ever present information in fact that is not tainted and unbiased.”

Burrillville resident Paul Lefebvre asked “Was [State Representative] Cale Keable lying when he said you have to stop the tax deal?”

According to Martley, Cale Keable said that the Town Council should reject any tax deals with Invenergy as a way to potentially stop the plant from being built. (See a full examination of that idea here.)

“Cale has a different job than we do,” answer Pacheco, adding that he admires the statement Keable put out with State Senator Paul Fogarty opposing the power plant.

After this heated exchange, Paul Roselli of the Burrillville Land Trust asked a series of questions and made a number of requests for answers regarding the ecological impacts of the proposed power plant. Roselli seemed to irritate the council with his questions and points, stirring Nikolyszyn to insist that the experts hired by the Town will be on hand in two weeks to educate the EFSB, (Energy Facilities Siting Board, the body with the sole discretion to approve the power plant) and the public. “That’s the beginning of this process,” said Nikolyszyn, not realizing, I suppose, that it’s the process and the seeming inevitability of the power plant that most disturbs the residents of Burrillville.

 

 

 

 

 

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Nursing home workers Fight for $15


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2016-04-13 SEIU 001Following a wave of successful efforts to raise the minimum wage in California and New York, and with news that nursing home workers in Pennsylvania won a $15 starting wage, SEIU 1199 held a “Fight for $15” rally at the State House Wednesday afternoon.

“I shouldn’t have to rely on food stamps if I’m working 40 hours a week taking care of people. But I do! Honestly, I could be making more at Dunkin’ Donts and that’s ridiculous,” said Nichole Ward, a CNA at Greenville Skilled Nursing and Rehab in a statement.

Of special interest was legislation submitted by Rep Scott Slater (H7547) and Senator Gayle Goldin (S2521) that directs funds in the nursing home budget to raise wages for nursing home workers. Similar legislation was passed in Massachusetts last year. Both Goldin and Slater promised to fight for this legislation, with Slater calling it his top priority.

Shirley Lomba, a CNA/CMT for 14 years warned that talented nurses will soon be leaving our state for the better paying jobs in Massachusetts, saying, “many of us will drive 15-20 minutes… where we can earn more money.”

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