Can Joe Paolino learn to love the bus?


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Former Providence mayor Joseph Paolino’s media blitz around homelessness should be taken with a grain (or two, or three) of salt. In 2014, Paolino spoke with James Baar at The Projo (“The Seven Deadly Sins of Downtown Providence”, April 29, 2014)  to outline his angst over panhandling homeless people and low income bus riders, suggesting a set of recommendations that show the casino magnate and parking lot landlord’s true political center. As I pointed out at the time and more recently, what really stretches credulity about Paolino’s 2014 proposals wasn’t simply their blithe disregard for the poor, but the barking way that Paolino assumed the city could just take up major new financial liabilities without any realistic stream of money to pay for them. With such extravagant ideas as removing Kennedy Plaza entirely, building a giant underground garage under it, and doubling the size of Burnside Park– all while policing the area to get rid of “vagrants” and completely banning potholes (Just “Do it!” yelled Paolino through the voice of Baar), you would think the city must be swimming in money. The kind of money that could, of course, help resolve the root causes of homelessness.

The 2014 priorities listed by Paolino remain poor uses of city or state funding, but the former mayor’s softer tone on homelessness opens up an opportunity to hold his feet to the fire and demand some changes. Most recently, in an interview with The Projo’s Edward Fitzpatrick, Paolino says he wants the city to avoid the “Giuliani way” of removing homeless people, and look to root causes. Will Paolino stay true to his word?

Here are some things Paolino can back to show that he’s serious.

A parking lot tax, with a refund to housing costs

GCPVD’s map of downtown parking lots and garages shows that a parking lot tax is sorely needed. Some of the revenue from this tax could go directly to housing vouchers.

Paolino has large holdings in downtown parking lots. Essentially these are land speculation projects. It makes sense to hold onto prime land in the city, earning money off of commuters who park there, until a perfect skyscraper project comes along for those plots of land. Parking lots do pay property taxes, but because a surface lot is not valued highly, this gives speculators the best of all worlds– an easy short-term revenue stream, low taxes, and a lottery ticket that is likely to be worth a lot of money in the future.

I’ve argued in the past that putting a tax on surface parking would change the balance of this math. Land speculators like Paolino would be inclined to build something– anything– to hold the space until larger projects could come, instead of pimping parking lots. A developer may prefer a skyscraper, and in the long-run that may be the best thing for the city as well, but having rowhouses in the space while something else comes along means people have a place to live. As bigger projects form, the city could also require the continued tenancy of low income residents as part of mixed income development. This could itself help create more affordable housing. A tax on parking could and should also be refunded directly to properties adjacent to the parking, lowering the cost of business and residency in the city. Yet another way that this stream of revenue could considerably change the forecast for the poorest people would be if a portion of it was directly put towards housing vouchers for homeless individuals and families. Paolino has suggested that more money be put to shelters for homeless people, but what people truly need is permanent housing.

A parking lot tax would cost Paolino– he owns 11 lots. But if he’s serious about his statement that the business community needs to step up, endorsing this reform and pushing it through the business community would be one sincere step he could take.

Deregulation of single-family only zoning & parking minimums

Many Providence neighborhoods do not allow affordable housing, by law. The zoning code is full of arcane regulations designed to allow only what types of housing currently exist in a neighborhood. This is nothing like what happened in normal cities before the 1920s.

Providing affordable housing in Providence should partly be built around getting rid of some of these arcane rules.

This map, from Ward 2 (Councilman Sam Zurier’s district, on the East Side) shows the kind of inane specificity of zoning, which has to carve out exceptions to acknowledge the existence of some apartments or rowhouses. Much of this ward, zoned 1 or 1A, doesn’t allow non-single-family housing. 1A goes a step further, and requires minimum lot sizes, disallowing even more middle-class forms of single-family units for straight-up upper class ones. 1A is actually a fairly recent intensification of zoning that is only a few years old.

Parking minimums require that most residences have x number of parking spots per square foot of space. This both makes the housing itself more expensive, and also rules out building new housing on land that is taken up by parking.

Providence also has a number of neighborhoods that don’t allow anything but single-family homes. Sometimes these neighborhoods already have some houses that aren’t single-family, and they’ve been carved into the zoning as exceptions. The business community and city need to work together to eliminate zones like 1 & 1A, which don’t allow things like granny cottages, rowhouses, apartments, twins, duplexes, or triple-deckers. The business community and city also have to work together to end the practice of putting residency limits on students. Students bleed out into housing, making what affordable options that exist more expensive, and displacing people on the fringes of becoming homeless.

These are not issues that Paolino can be held accountable for, but in his new-found advocacy for the homeless, they should become centerpieces of policy change. Paolino should push zoning reform.

Transit at the center, not the fringes

While Paolino can’t be blamed for zoning, he can be held accountable for his long agitation against Kennedy Plaza as a bus hub. In 2014, as I stated, Paolino advocated for moving buses “to the fringes of the city” and getting rid of the bus hub entirely, to make it an underground parking garage.

People who become homeless often have serious problems that go beyond job access, but once they get on track, keeping a job is a very important stabilizing force. Transit is one of the most important ways to make sure that low-income people, who cannot afford cars, can have access to jobs.

I’ve had some online discussions with other transit advocates who point out that RIPTA should not be running all its routes through Kennedy Plaza. I agree with this criticism, and think we need an effort to put together a full network of bus routes like what Jarrett Walker designed in Houston, but I also think it’s clear this hasn’t been what Paolino meant in the past. Referring to buses as needing to be “at the fringes” is pretty clear about why the buses need to move– in this case, to take the sour image of poor people out of the downtown. Paolino’s business coalition needs to work to make transit a priority by spearheading efforts to give buses rights-of-way, improving frequencies of bus routes by funding RIPTA better, and updating the city’s poor pedestrian and bike layout to aid last-mile connections.

I’ve argued in the past that while there’s been a lot of action around maintaining free bus passes for elderly and disabled Rhode Islanders, that more attention needed to be put to making the bus system run efficiently and frequently (an argument I borrowed from Jarrett Walker as well). However, even in that piece, I argued that it was silly not to offer homeless people free rides on RIPTA. RIPTA has temporarily extended the free bus pass program pending funding, but business leaders like Paolino need to make RIPTA a long-term priority.

Supporting RIPTA, biking, and walking would be a big turnaround for Joe Paolino, but if he’s truly a reformed man with a vision to end the plight of the homeless, that would be what he needs to do.

And Scrooge was better than his word

I would be lying if I said that I trusted Joe Paolino’s softer messaging on panhandling in Kennedy Plaza. Over the years, many of Paolino’s priorities for the city have struck me as hostile to poor people and to non-drivers, couched in the kind of right-leaning identity politics one might associate more with Donald Trump than a former Democratic mayor of a blue-state city. But everyone can change. I will open my arms to Joe Paolino if he changes his ways. He needs to embrace the end of his parking empire as a way of speculating off of city land, support putting direct tax resources into more affordable housing, back zoning deregulation to stop the experiment of single-family-only neighborhoods, and back a robust RIPTA with bike and pedestrian infrastructure to support last-mile connections. His rhetoric has to move beyond temporary housing for homeless people, and towards permanent solutions.

As Charles Dickens would put it:

Scrooge was better than his word.  He did it all, and infinitely more; and to Tiny Tim, who did not die, he was a second father.  He became as good a friend, as good a master, and as good a man, as the good old city knew, or any other good old city, town, or borough, in the good old world.  Some people laughed to see the alteration in him, but he let them laugh, and little heeded them; for he was wise enough to know that nothing ever happened on this globe, for good, at which some people did not have their fill of laughter in the outset; and knowing that such as these would be blind anyway, he thought it quite as well that they should wrinkle up their eyes in grins, as have the malady in less attractive forms.  His own heart laughed: and that was quite enough for him.

God Bless Us Every One.

~~~~

Grim Wisdom talks with Eliza Sher


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Eliza Sher (and her daughter)
Eliza Sher (and her daughter)

This week on the Grim Wisdom podcast I sit down with Eliza Sher, a RI psychotherapist working in Providence. (Yes, I’ve had her on before, but this time we were drinking!) Topics include current events in RI politics, as always, but also the dark places in the human psyche and the stories we tell ourselves about who we are (and who creates those stories? and why?). Did I mention we were drinking? Enjoy!

GoLocalProv misses the point, but good try


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Jason Knight
Jason Knight

Ultimately, the fault is with me, for not being more clear in my writing.

John DeSimone is a lawyer in private practice and he’s House Majority Leader in the RI General Assembly. When he crafts, shapes and votes on legislation, we trust that he will separate his two jobs in his mind. For instance, we trust that he will not allow the fact that he represents restaurant owners who engage in wage theft to shape the way he approaches restaurant and employment law. But in order for voters to be able to judge for themselves whether or not this is happening, they need to understand the kind of cases DeSimone is working on and what side he takes in these cases.

This is partly what I was trying to get at when I wrote about Leader DeSimone’s legal work for Chung Cho, owner of Gourmet Heaven, but there are other distictions to be drawn.

John DeSimone
John DeSimone

When GoLocalProv reporter and editor Kate Nagle read my piece, she was inspired. She attempted on Jason Knight, who is running in the Democratic primary against conservative Democrat Jan Malik in House District 57. (DeSimone, a conservative Democrat, is facing a challenge to his House seat from progressive Marcia Ranglin-Vassell, so the shape of the politics here becomes obvious.) Nagle wrote that Knight, “has represented DUIs, child pornographers, and sex offender clients since starting his own practice.”

Then she wrote, “The relevance of Knight’s practice and other attorneys running for office derives from a new focus on who candidates are representing in their practices. Last week, incumbent House Majority Leader John DeSimone came under fire for his representation of an accused wage-theft client. The criticism  came in part from RI Future‘s Steve Ahlquist, who wrote that voters ‘should know when the people we elect to represent us also defend the monsters who oppress us.’” [spelling corrected]

It’s nice to learn that GoLocal is learning about journalism from closely reading RI Future, but I think they might need a few more lessons. Nagle quotes me in the piece twice, without linking to my writing as I did for her above. (Here’s a handy guide to linking.)

“Voters should know when the people we elect to represent us also defend the monsters who oppress us,” I wrote, “Anybody being sued deserves legal representation, but using slick legal moves to avoid paying workers their earned wages is simply gross.”

Nagle also quoted my tweet about my story, in which I said, ”What attorneys do for their clients should be relevant to how voters perceive their ethical orientation.”

The tweet above was in answer to a criticism from Brandon Bell, director of the RI GOP. Bell tweeted, “As an attorney I am an advocate for client which does not equate with accepting or endorsing client’s alleged wrongdoing.”

In my retort to Bell I was making a subtle distinction. It’s not WHO you represent, it’s WHAT you do for them.

Jason Knight defined the role of a defense attorney very well when he was quoted by Nagle: “…in a criminal case, there’s a judge, a prosecutor and defender, and all three roles need to be done well for a just result. I need a fair judge, and a zealous prosecutor — and a defense attorney who basically keeps the prosecutor honest.”

In my piece about DeSimone, I wrote that DeSimone was not only defending Chung Cho on allegations of wage theft, he was actively helping Cho to sell his business in what the RI Center for Justice called “an attempt to evade liability.” I wrote:

“DeSimone filed Cho’s legal response to the Rhode Island lawsuit on May 11, 2015. About a week later, on May 20, 2015, Cho sold Gourmet Heaven to GSP Corp for half a million dollars. At least some of the transactional paperwork for this sale was prepared by DeSimone.”

This kind of slick legal maneuvering isn’t about keeping the prosecutors honest or achieving a fair trial, it’s about helping a boss to plead poverty and avoid paying workers who, absent wages, were essentially reduced to slavery conditions.

Rather than creating a list of people who committed terrible crimes and attaching them to DeSimone’s name, as Nagle did in her piece about Knight, I wrote a piece outlining the kind of legal maneuvers DeSimone engaged in to protect a wage thief from having to pay his employees.

Perhaps such legal maneuvering is perfectly legal. Perhaps it’s all in line with the professional ethics of being a lawyer. But is it right? And does it call into question DeSimone’s suitability for the elected position he holds?

I’ll let the voters decide.

More pertinent to the discussion at hand, is this what Nagle was attempting in her piece about Knight?

I’ll let the readers decide.

Patreon

CLF moves to finish off pipeline tariff


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National Grid LogoIn response to the Massachusetts Supreme Judicial Court’s decision against National Grid’s plan to charge consumers to underwrite and guarantee profits for its proposed ANE pipeline, the Conservation Law Foundation (CLF) has moved to close the Docket on a similar proposal here in Rhode Island.

Closing the docket would essentially end National Grid’s plan. According to the motion, National Grid provided testimony in the Massachusetts case claiming that “the fate of the ANE Project is dependent on approvals of full cost-recovery in other New England states—especially Massachusetts, which National Grid assumed would provide a substantial portion of the financing for the proposed project.”

As National Grid further states, “If there is any possibility of less than full cost recovery over the entire term of the contracts, the Proposed Agreement has a negative expected value for the Company’s investors…” National Grid wants to place the risks of this investment on ratepayers, not its investors.

The motion to dismiss, filed by CLF attorneys Jerry Elmer, Megan Herzog and Max Greene, supplies several reasons supporting the contention that Docket 4627 needs to be closed in light of the Massachusetts decision.

The first reason is that the project cannot proceed without Massachusetts. “Massachusetts was to receive the lion’s share—more than 43 percent—of the Access Northeast project’s gas capacity,” says the motion to dismiss, “In effect, Massachusetts’ non-participation cripples the project.”

Even if National Grid decides to proceed with the motion, by deciding to actually assume the financial risks, says the CLF, that isn’t the plan as proposed in Docket 4627. The scheme, says the CLF, “is so substantially altered by [the Massachusetts opinion] that the Petition, as filed, fails to represent fairly the costs and benefits of the ANE Project.”

Without the State of Massachusetts buying in, “The resulting proposition is an entirely new, and raw, deal for Rhode Island. In effect, National Grid is now asking Rhode Island ratepayers to subsidize a project that it alleges will benefit all of New England; yet a substantial share of New England ratepayers—including millions of ratepayers in Massachusetts—will be insulated from bearing a proportional share of the risks of this experimental and uncertain scheme.”

Also, even though the Massachusetts decision was based on Massachusetts state law and has no direct legal bearing on Rhode Island, “the reasoning underlying the Massachusetts Supreme Judicial Court’s decision… applies with equal force here.”

Rhode Island has laws similar to those in Massachusetts regarding “the core principles of electricity market restructuring,” says the CLF, and approving National Grid’s plan “would undermine the main objectives of the [restructuring] act and re-expose ratepayers to the types of financial risks from which the Legislature sought to protect them.”

Patreon

Museum preserves Somali culture in a world of fear and hate


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SONY DSCThe Somali immigrant community in Minnesota came under fire from Republican presidential candidate Donald Trump earlier in August. Immigration policy, said Trump, is, “creating an enclave of immigrants with high unemployment that is both stressing the state’s … safety net, and creating a rich pool of potential recruiting targets for Islamic terror groups.”

Trump’s comments did not come out of a vacuum. They were in reference to the the high profile trial of 10 Somali-Americans who were tried for attempting to join ISIS. But note that Trump isn’t going after terrorists or criminals in his statements, he’s going after a community. The Somali community in Minnesota is the largest in the United States. Of the over 85,000 Somalis in the country, 25,000 live in Minnesota, and they want what we all want: peace and love and family and friends.

Trump’s words emboldened his followers to attack the Somali community. Laura Yuen of Minnesota Public Radio News, reports:

In an audio recording the Somali Museum of Minnesota said it received last week on its office voicemail, an anonymous caller, who identifies himself as a Minnesotan, saying “when Donald Trump is elected president, you’re going to have to close down your museum.”

The anonymous caller continues: “November’s coming around; he’s gonna get elected, and we’re gonna get put a ban on all Muslims, especially Somalis. Go listen to Donald Trump speak at speeches: He’s talking about Somalis in Minnesota. What do you think is gonna happen? They’re all gonna get deported. What’s gonna happen then to your museum?”

20160820_160946-1This is not an attack on terrorists, this is an attack on a culture, the threat of genocide is implied by such threats against its cultural institutions. The Somali Museum in Minneapolis is the only one of its kind in the world. Another museum, in Mogadishu, fell victim to the civil war, its artifacts and exhibits scattered to the wind.

I visited the Somali Museum on Saturday. I was given a tour by Abdirahman Hassan, a 24 year old University of Minnesota student. Hassan taught me about Somalia’s history of colonization, about the ways in which the country was divided by the English, Italians and the French. How a failed government led to civil war and the expansion of the Somali Diaspora. Today more than one million Somalis now live around the world in communities like Minneapolis.

Abdirahman is very much an American youth. We bonded over our mutual appreciation for Star Trek, yet his eyes were most alive when we talked about nomadic Somali culture. As part of the diaspora he could not read or write the Somali language until he began to learn it at university.

The Somali Museum concentrates on the nomadic Somali culture. Weaving is an essential skill. Some pots, like the one pictured above, are woven so tightly and expertly they can contain milk without leaking. The camel, in Somali nomadic culture, provides transportation, meat, leather and milk.

Abdirahman told me of Arawelo, the ancient and legendary queen of Somalia, who advanced the cause of feminism even as she castrated and limited the power of men.

I learned of Mohammed Abdullah Hassan, called the Mad Mullah by the British. He fought for the freedom of what was then known as Somaliland against British, Italian and Ethiopian forces. His was the first army to face aerial bombardment as biplanes dropped bombs on his forces. He did not die in battle or in prison, but of the flu at age 64.

There is a culture, a language, a history, a people and a community under threat from the mad rhetoric of Donald Trump and his followers. On June 29, near the University of Minnesota, “an assailant allegedly made disparaging remarks about Muslims before opening fire on five young men clad in Muslim prayer robes called qamis. Two of the men, ages 22 and 19, were wounded when bullets struck them in the leg.”

And of course there is 13-year old Yusuf Dayur, who has been bullied in school for being Muslim. “Why do your people attack us for no reason?” Yusuf was asked in school by an older student.

“I just walked away. I didn’t know what to do,” said Yusuf.

The mission of the Somali Museum says that, “By promoting the highest forms of Somali creativity, the Somali Museum believes that it can also help to diminish harmful prejudice and misunderstanding.”

Mission accomplished.

Patreon

Joe Paolino talks poverty, panhandling in Providence


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paolinoJoe Paolino, who is spearheading an effort to address panhandling in Providence, told RI Future he is committed to addressing systemic poverty rather than moving poor people away from his real estate empire.

“I think I and other business people should pony up some dollars to try to help toward that,” he said. “It’s not our job but it’s our social commitment that we should make as members of this community.”

He spoke of the need for new shelters, new laws and more experts on the streets to address the issue, but he didn’t estimate a cost. “I don’t know because you have a state-wide problem, you have a city problem, different communities have their problems and you have a downtown problem.”

But he did offer reassurances that he isn’t interested in simply relocating the issue away from downtown. “I don’t want to see the problem moved to another area,” he said. “I want to see the problem fixed. If we can fix it here, then it becomes an example of what other communities can do.”

He said austerity and government cost cutting have exacerbated the issues of poverty and panhandling. “By cutting those dollars you’re creating the problem,” he said.

The good news, Paolino said, is that all the interested parties are finally communicating with each other.

“With every crisis comes an opportunity,” he said. “The social service agencies finally have business people listening to them. This is an opportunity for the progressive leaders in the General Assembly to seize upon this. I don’t think they have to fight us.”

We had a fascinating 30-minute conversation that you can listen to below. While we agreed on a lot, we often passionately disagreed, too. For example, we exchanged some heated words about whether a City Hall employee was mugged or harassed.

Green Party calls on Mayor Elorza to support Community Safety Act


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2016-07-21 Pass the CSA 038The Green Party of Rhode Island is demanding that Providence pass the Community Safety Act.

“Further delays are inexcusable and potentially dangerous,” said Green Party spokesman Andrew Stewart in a press release sent on Sunday. “Providence should learn from other cities, and move quickly to prevent another tragedy.”

The Community Safety Act is a citizen-backed bill that would implement new safeguards against racial profiling when police detain and/or search a suspect. Proponents say it would “ban racial profiling and other forms of discriminatory policing.”

A subcommittee of the Providence City Council is supposed to consider the legislation in September. DARE, or Direct Action for Rights and Equality, has long championed the Community Safety Act. Recently members of the Providence Youth Student Movement and the White Noise Collective have formed an umbrella organization called the Step It Up Coalition to organize around the CSA. In July, activists held a mock city council meeting at Providence City Hall. Actors playing elected officials pretended to pass the legislation.

The Green Party’s support could add a new dimension of political pressure to efforts to pass the CSA. “Unless the ordinance is approved soon, the Green Party says further protests may be necessary,” according to the press release. “The Greens have written to Councillors Jo Ann Ryan, Brian Principe, Seth Yurdin, and John Igliozzi, urging them to move the ordinance to approval. Mayor Jorge Elorza has also heard from the Greens, who asked him to remind the Police Department that the CSA is an opportunity to build stronger community ties while making officers’ jobs more safe and secure.”

Here’s a copy of the email the Green Party sent to Mayor Elorza and other members of the city council.

Dear Mayor Elorza:

On behalf of the State Committee of the Green Party of Rhode Island, I am writing to urge you to support the Community Safety Act (CSA), which could make Providence a national leader in police/community relations.

As you know, the CSA would create stronger checks-and-balances for law enforcement, to ensure safer encounters between officers and residents. For example, it would prohibit racial and ethnic profiling, implement a “standardized encounter form” to document police-citizen interaction, and set limits on police use of non-essential traffic stops, warrantless surveillance, and the so-called ‘gang list’.

Your support now could make a difference. Please remind the Police Department that the CSA is in everyone’s best interest—the CSA would build stronger and safer communities—while making officers’ jobs more safe and secure.

We look forward to learning that your Administration has decided to support the CSA.

Andrew Stewart
For the State Committee
Green Party of Rhode Island
CC: Green Party State Committee

 

Where are the down-ballot Republicans?

Eliminating the master lever was supposed to assist the RI Republican Party (and strengthen RI’s democracy) by assisting in one of the most important things a party needs: candidate recruitment. The problem, as it was posed, was that the prevalence of the master lever basically acted as a deterrent for potential Republican candidates for the General Assembly; why put in the effort of running if loyal Democrats, voting for president or US senator or governor at the top of the ticket, would simply pull the master lever and obliterate down-ballot Republicans? Eliminating the option would allow Republican candidates to run without fear of such occurrences, thereby assisting efforts to recruit quality candidates.

The only issue is that the candidates haven’t materialized. Here’s the graph of seats (Republicans in red, independents in grey) contested by Republicans since legislative downsizing ahead of the 2002 elections:

Graph of Seats contested by Republicans and Democrats
Sam G Howard; Sources: RI Board of Elections, RI Secretary of State

This year, Republicans will contest 40 seats in the legislature. If they won all of them, they would barely break the Democratic supermajority in the Senate, and still fail to do so in the House. Keep in mind, 40 would be about twice as many districts as they have won, ever. There are only about 20 districts across the state that Republicans have ever won. Winning 20 districts would actually make this the most successful year the Republicans have ever had since the General Assembly reached its current size in 2002.*

Simply put, the Republican candidates necessary to make their party a functioning opposition haven’t materialized. And it’s noticeable to me that Republican recruitment issues have grown worse since 2010, when a Republican wave election empowered Republicans nationwide and gave them majorities in both chambers of the U.S. Congress.

The grey line is candidates running as Independents, and the point to notice here is that they have increased the number of seats contested over time. And Independents in Rhode Island often caucus with the Republican Party in the State House (e.g., Blake Filippi) or are already Republicans (e.g., perennial Providence candidate Luis Vargas who volunteered for the RI Republican Party). Not all, mind you, but many would’ve been Republicans.

Notably, these developments (the increasing difficulty of the Republicans to recruit candidates, and the increasing number of Independents) have happened pretty much independently of the master lever’s existence.

But these are just seats. What about the number of candidates? If Republicans have only ever been competitive in about 20 districts, then this could undercount candidates in safe Republican seats.

RI GA Contested Seats and Number of Candidates
Party Seats Contested Qualified Candidates
Democratic 108 138
Republican 40 43
Independent 31 35

As you can see, Republicans did fairly well in distributing their candidates for seats; as did the Independents (more remarkable because no one is organizing them). Meanwhile, the Democrats have more than enough candidates to contest all 113 General Assembly seats, but didn’t contest five of them: House Districts 30 (Incumbent: Giarusso – R), 36 (Incumbent: Filippi – I), and 48 (Incumbent: Newberry – R) and Senate Districts 35 (Incumbent: Gee – R) and 38 (Incumbent: Algiere – R).

Democrats’ recruitment advantage continues unabated. In fact, just on the numbers, Democrats could split into three parties that could each match Republican recruitment abilities.

The problem was never going to be the master lever for Republicans. The problem remains (as it has been since 2006) their party’s toxicity to a state that overwhelmingly supports Democratic policies. And even one of the most liberal state Republican Parties can’t overcome that obstacle – especially with Donald Trump on the top of the ticket. At this point, I think Republican hopes for growing their caucus (or even keep it the same size) this election is that the commentary on RI Future here is true: Clinton really is so unpopular that liberals will stay home and they can pick up low-turnout seats. The problem is that the people who dislike Clinton tend to be Republicans, and the people who dislike her as much as Trump aren’t really that big, certain in their choice, or even likely to be Democratic partisans.

Now, am I going to say RI Republicans will be massacred this year? No. I do not have a great track record there. But looking at past presidential elections and RI GA results, I’m going to guess the Democrats should win 100 seats and Republicans should win 12 seats. In each off-year election, Democrats have picked up 96 or 95 seats, and in each presidential year election they’ve picked up 99-102 seats.

The big question for me is what effect Trump will have. RI Republican office-holders have fairly closely embraced their presidential nominee, and nominees can have an effect down the ballot even to state legislatures. Trump seems more of an anathema to the average RI voter than a generic Republican, so theoretically, he could do serious damage to what remains of the RI Republican Party since the Bush years caused the liberal Republican to go extinct.

 

 

* An earlier version of this post inadvertently implied that Republicans have never been successful in GA races, that’s obviously not the case.

Jeff Grybowski: GOP corporate lawyer turned CEO climate hero


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Jeff Grybowski, CEO of Deepwater Wind.
Jeff Grybowski, CEO of Deepwater Wind.

Jeff Grybowski didn’t set out to save the world from climate change. The CEO of Deepwater Wind, which just completed construction of the nation’s first offshore wind farm, wasn’t trying to be the first in the United States to commercially harness the offshore breeze and, in the process, potentially create a new sustainable industry for his home state.

“I freely admit that I didn’t know anything about energy before I started this,” he said, during an interview at Deepwater Wind’s downtown Providence office. “I didn’t think anything of it. I had no opinion.”

The Cumberland native and Brown grad was a corporate attorney in Providence, fresh off serving as chief of staff during conservative Republican Don Carcieri’s first term as governor, when a group from New Jersey approached him about the idea.

“It was the middle of 2008, that summer, when they called me and asked me how do we get a permit to build an offshore wind farm in Rhode Island,” he recalled. “I was doing regulatory law and we all started scratching our heads. But we were lawyers and we wanted to help answer the question.”

The process

Grybowski knew a thing or two about the regulatory process, both from his legal practice and his tenure in the executive branch at the State House, and that proved to be the name of the game.

“For offshore wind in the U.S. it’s never been about construction,” he told me. “It’s always been about the regulations and the legal structure that allows it to happen. Obviously we build things that are as big and as complex as an offshore wind farm. The offshore oil and gas, that stuff is much bigger. The question is can we as a society agree how to build these things, where to build them and what steps you need to take in order to get, let’s call it, community sign off. It was the newness of it, that was the biggest obstacle.”

The Block Island wind farm had to win approval from more than 20 federal, state and local government agencies before construction could start, he said.

“It was great that the U.S. Department of Energy says we think offshore wind is a huge resource and we should develop it,” he said, “but the reality is that really wasn’t as important to us as whether the town of New Shoreham thought it was a good idea.”

Navigating the regulatory process, Grybowski said, is Deepwater Wind’s “core competency.”

He explained, “You need to take it to not only all the agencies of the federal government and people who need to say yes, or who have a veto, and then you bring it down to the state government, all the different agencies, and then down to the local government. And all across that chain you have stakeholders who have the ability to influence the agencies. It’s a huge matrix. You’ve got to find a way to get yourself through that matrix of agencies and stakeholders, and that’s what I did.”

An energy transformation

Along the way, Grybowski also went from being the company’s legal counsel to being the company’s CEO. Eight years after the project was first conceived, Deepwater Wind just finished construction of the first offshore wind farm in the United States. The 5-unit array will produce 30 megawatts of power. Enough, Grybowski said, to power 17,000 average U.S. households.

It’s a relatively small amount of electricity, but Grybowski thinks it’s a big step in what he called an “energy transformation” away from fossil fuels toward renewable energy sources.

“I think offshore wind is about to become a huge component of this energy transformation,” he said. “As a native Rhode Islander I might have been quicker than others to recognize how ideally suited this state was because of our proximity to this enormous resource and because of some of the logistical advantages we have.”

It’s an obvious opportunity for the Ocean State, he thinks.

“We don’t generate a lot of resources locally,” Grybowski explained. “Coal gets shipped in. Gas gets piped in. We’re the end of the line from an energy perspective. But that’s one of the brilliant things about offshore wind for this region. We’re the beginning of the pipeline here because we control the resource. It’s right off our coast. It’s the single biggest natural resource that we have to produce energy in this region.”

The future for offshore wind

Deepwater Wind is already planning its second project. The company has leased 200 miles of ocean about 15 miles southeast of Block Island that could support 200 turbines, compared to the first farm’s five – or 1,000 megawatts compared to just 30. He thinks there is five times that much potential wind farm energy in the vicinity.

“There’s the capacity for 5,000 megawatts of offshore wind out there,” he said. “That’s just in the area that’s been identified in the near term, what could be developed in the next decade or so. That’s certainly not the limit of what we can do.”

Collectively, all the power plant in New England currently generates some 30,000 megawatts of power, Grybowski said. The northeast can expect offshore wind to meet a more substantial portion of its energy needs when it goes even farther offshore.

“That cable really isn’t that expensive,” he said. “It’s copper and plastic, so a little bit more really doesn’t matter that much. The other difference is it becomes deeper the further out you get so the steel structures that you have to use to put these on the ocean floor get taller and heavier. The equipment that you need to install it becomes bigger. Part of the science of the business is where is that sweet spot. Where is the sweet spot of the benefit of the wind versus the downside of the extra costs of getting to that wind.”

Grybowski added, “It’s a lot like the offshore oil business, forget about the resource. It’s the same kind of analysis we go through.”

Much of the offshore wind industry, he noted, is based on the offshore oil and gas industry. Deepwater Wind President Kris Van Beek relocated from the Netherlands to Providence. “He transitioned from offshore oil and gas to offshore wind and he moved to Rhode Island to do that,” Grybowski said. “He knows how to build things in the middle of the ocean.”

Rhode Island, energy exporter

It’s part of the energy transformation he spoke about.

“Unfortunately, the change from a micro-perspective seems really slow but I think the change is pretty inevitable,” Grybowski said. “It’s inevitable that, here in the Northeast, we are going to be building a lot of offshore wind in the coming decade. It’s impossible for us to meet our energy needs, and doubly impossible to address our energy needs and address climate change in a meaningful way, without building a significant amount of offshore wind.”

He was quite confident offshore wind would help us get the Ocean State to sustainability, boasting, “I think Rhode Island – for the first time in, maybe, forever – is going to be an energy exporter.”

Trump hits Minneapolis, the city hits back


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Yusuf Dayur
Yusuf Dayur

Coincidentally, Republican presidential nominee Donald Trump came to Minneapolis MN on the same day I made my first visit to the city. This turned a day that I had planned to spend sightseeing into a day of traveling to three different anti-Trump events.

“Trump’s rhetoric is creating an unsafe environment for the Muslim community, for the Somali-American community, and we have seen an increase in Islamaphobia and anti-Muslim efforts across the state of Minnesota,” said Jaylani Hussein, executive director of the Council of American-Islamic Relations- Minnesota (CAIR-MN), “We have seen, just a few weeks ago, an incident involving five young Muslim men who were shot… we believe that incident is a hate crime.”

Hussein believes that Trump’s extremist rhetoric is creating a hostile, unsafe environment for Muslim Americans and immigrants, and the effects are being felt by the most vulnerable.

Hussein introduced 13-year old Yusuf Dayur who has been experiencing bullying in his school because he is a Muslim. Hussein suggested that Dayur might one day be president. Though Dayur’s school is very proactive in providing Dayur time and space in which to pray, some of his fellow students do not trust him because he is a Muslim. Dayur bravely fought back tears as he described the difficulties he faces.

Jaylani Hussein’s full comments:

2016-08-19 Cosecha MN 003After the press conference I headed across town to the Minnesota State Republican Offices where Cosecha Minnesota was holding a “Wall Off Trump” event. Cosecha is “a nonviolent decentralized movement that is focused on activating our immigrant community and the public to guarantee permanent and humane protection for immigrants in this country.”

Estaphania and another woman explained that their protest, in which they painted a wall, like the one Trump is promising on the Texas-Mexico border, is meant to draw attention to Trump’s extremist rhetoric that threatens the health and safety of immigrant Americans.

2016-08-19 MN Convention Center Protest 066My last stop was at the Minneapolis Convention Center, where people representing virtually everyone Trump has ever publicly maligned, including immigrants, black Americans, members of the LGBTQ community, women, Muslims, indigenous Americans and more, gathered together to denounce Trump ahead of his visit to a large donor rally.

This protest was organized by MIRAc, the Minnesota Immigrant Rights Action Committee, a group that, “fights for legalization for all, an end to immigration raids & deportations, an end to all anti-immigrant laws, and full equality in all areas of life.”

2016-08-19 MN Convention Center Protest 009Trump did not make a public appearance in Minnesota, or even speak to the press. He spoke to donors only at the Convention Center. But his very presence in the city was enough to galvanize this group to come out to speak, sing, dance and chant their opposition to Trump being president.

According to the Minnesota Star Tribune, after this event, as Trump donors left the convention center, they were confronted by angry demonstrators. “The demonstrators who harassed donors were not present earlier on, when the protest was peaceful. Many in the later group hid their faces behind scarves,” writes reporter Patrick Condon, “Minneapolis police spokeswoman Sgt. Catherine Michal said there were no arrests and no reported injuries. There was, however, minor damage, including graffiti on the walls of the Convention Center, and officers had to escort Trump supporters in and out of the lobby because they were being harshly confronted, Michal said.”

Below are the rest of the pictures and video from the three events.

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Jaylani Hussein, CAIR-MN

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Calls in support for Senator Walaska are coming from state phone


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When a Warwick resident and doctor checked his phone between appointments, he saw an unfamiliar number. Looking it up, he learned that the call came from Child Support Services, a state agency.

“Good afternoon,” said a male voice on his voicemail. “I’m a representative of Senator Walaska. We’re looking for some support this election if you go out and vote in the primary we would greatly appreciate it. Thank you.”

After hearing the call, and believing the use of state phones for partisan campaign calls to be against the law, the Warwick resident, who asked not to be identified, contacted the Attorney General‘s office. They told him that the AG’s office is only interested in issues of campaign fraud. He was referred to the Secretary of State‘s office. The Secretary of State’s office was similarly disinterested, and referred him to the Board of Elections. According to the resident who sent me the call, the person from the Board of Elections searched through the relevant statutes in vain before giving up and telling the resident that he should call back when he learned exactly what law is being broken.

For future reference, that law seems to be:

§ 36-4-52. Restrictions on political activities of classified employees

No classified employee shall during working hours engage to any extent in any form of partisan politics except that he or she may attend and vote at any party caucus, primary, or election held during working hours. Outside of working hours a classified employee may attend any partisan political rally, club, or gathering and privately express his or her partisan political views but any further partisan political activity on his or her part shall be engaged in only in accordance with the personnel rules. A classified employee violating the provisions of § § 36-4-50–36-4-54, or of the personnel rules shall for a first offense be either demoted or dismissed and for a second offense dismissed. All charges of these violations shall be publicly heard by the personnel appeal board.

Robert Kando executive director of the Board of Elections could not be reached for comment.

John Marion of Common Cause said that the issue appears reminiscent of an ethics complaint against Susan Cicilline Buonanno when she ran for the House District 33 seat that Narragansett Democrat Donald Lally resigned. Buonanno, principal of Gladstone Elementary School in Cranston was accused of using school email and phones to advance her political campaign.

This case is different because it’s not the candidate, but someone claiming to represent the candidate who appears to be using state resources for partisan political purposes.

“As you might expect, using state work telephones for campaigning is forbidden, and so we would want to know if this sort of thing was taking place so that the charges could be investigated and suitable disciplinary action taken if warranted,” said Fred Sneesby, an administrator at Children’s & Family Services. The Warwick resident who sent me the call has been put in contact with Sneesby.

Contacted by phone, Senator Walaska, after I identified myself but before I could fully explain what I was calling about, said, “I know you don’t support me. I have no idea. I don’t know what you’re talking about.”

walaska callJeanine Calkin, a progressive Democrat who is running against the 22-year incumbent, said that her husband, Daniel Calkin, received a similar call. A photo of her husband’s phone is on the left. Daniel Calkin, listening to the audio above, said he was “pretty sure it’s the same guy.”

“This looks like a very clear-cut violation,” said Sam Bell, executive director of the RI Progressive Democrats.”Campaign calls should not be made from state numbers. Being able to direct state workers to campaign for a candidate gives an enormously unfair advantage to powerful incumbents.”

Requests for comment from Representative Joseph McNamara and Brandon Bell, respective chairs for the Democratic and Republican parties in Rhode Island have gone unanswered.

As for the Warwick resident and doctor who sent me the call, he says that he is “disinclined to vote for Walaska.”

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J. Goodison plays nice as employees move closer to a union


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david ozunaSince declaring their intention to form a union, employees of J. Goodison, a marine repair business at Quonset, say work conditions have actually improved.

“At this moment they are kind of treating us right,” David Ozuna, one of the employees, said through a translator. “And that is because they know that we can do something. Every little thing we want they are giving it to us They are giving us attention, if we ask for something they are giving it to us because they know and they think that they can stop this by doing that.”

Before they began to organize as with District 11 of the International Union of Painters and Allied Trades, company policy used to be that sandblasters would get a respirator after 90 days, Ozuna said. Not now that they’re organizing.

“Because they are seeing the pressure we are putting on them, they are giving them to us.” he said.

Respirators aren’t the only way J. Goodison is trying to convince its workers not to unionize. According to Justin Kelly, an organizer with IUPAT, the company has also hired a Los Angeles attorney named Carlos Flores to convince the mostly Latino workers not to vote to join the union. He told the workers and some of their supporters about it at a rally outside J. Goodison on Thursday afternoon.

J. Goodison management, which watched the rally from behind the company property line, declined to comment.

There are some 30 employees who have signed union cards. After a similar rally last week, the group filed for an election. If a majority vote to join the union, J. Goodison will have one year to negotiate a contract with the employees. While management has been kinder as of late, Ozuna said the work is still grueling – especially on hot humid days.

But Ozuna isn’t intimidated.

j goodison rally

CLF to PUC: Burrillville plant not needed


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Jerry Elmer
Jerry Elmer

The Conservation Law Foundation (CLF) today presented its arguments against Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant in a brief filed with the Rhode Island Public Utilities Commission (PUC). The PUC is charged with rendering an advisory opinion to the Energy Facilities Siting Board (EFSB) the board that will have the final say in whether the proposed plant gets built. In putting together their advisory opinion, the PUC will be considering briefs from the CLF, Invenergy, the Town of Burrillville and the Division of Public Utilities and Carriers (Division).

The PUC’s mandate is to “conduct an investigation … and render an advisory opinion” as to the “need for the proposed facility,” says CLF attorneys Max Greene and Jerry Elmer in their brief, quoting Rhode Island General Laws § 42-98-9(d). The CLF “therefore presented unrefuted evidence that shows the plant is not needed, in the form of testimony from expert witness Robert Fagan.”

Though Invenergy’s expert witnesses “profess to disagree” with Fagan, they argue that the plant will provide a “social surplus” of energy and not that the plant is actually needed, says the CLF in their brief. In the recent ISO-NE forward capacity auction, Invenergy only sold half its capacity. If you subtract out Invenergy’s contribution to the energy markets the region still has nearly 1,000 megawatts of excess capacity, says the CLF.

Further, Invenergy and the Division presented no evidence at the hearings that the plant is needed. Instead, Invenergy made the claim that if the power plant sold energy in an ISO-NE forward capacity auction, this proves the plant must be needed.  The CLF argues that this is incorrect, maintaining that “… a CSO is not a showing of need but the result of a complex market mechanism that takes into account other factors such as cost.”

But even if we accept the “CSO equals need” argument, says the CLF, neither Invenergy nor the Division “has presented evidence to show that the proposed Invenergy plant is needed. This is because Invenergy has proposed a two-turbine, 1,000 MW plant but has not obtained a CSO for a two-turbine, 1,000 MW plant.” What Invenergy is defending is a one turbine plant, since that’s what sold at auction.

The PUC must consider the need of the power plant as proposed. What Invenergy has proposed is a two-turbine, 1,000 MW plant. As the CLF brief makes clear, “Invenergy has not obtained a CSO for a two-turbine, 1,000 MW plant,” it has, at best, demonstrated the need for a “485 MW project.”

“Not once does the EFSB Order describe the proposed Invenergy plant under consideration as a single-turbine, 485 MW generator. Instead, the Order says the proposed plant ‘will have a nominal power output at base load of approximately 850-1,000 megawatts” and that the plant will consist of two units. So defined, ‘the proposed facility’ and ‘the Project’ do not have a CSO.”

The PUC’s advisory opinion is due at the EFSB before final hearings start in September. The briefs from all intervenors are due at 4pm today (Thursday).

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Three progressive groups, three different sets of endorsements


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Moira Walsh and Malcolm
Moira Walsh and Malcolm

Moira Walsh and Susan Donovan were endorsed by all three. Marcia Ranglin-Vassell, Lisa Scorpio, Teresa Tanzi and Jeanine Calkin won the endorsement of two of the three.  While the vast majority – 22 of the 36 endorsed candidates – were only endorsed by one of the three, so far. Such are some of the similarities and differences between the three general interest, progressive-leaning organizations making legislative endorsements this election cycle.

The RI Progressive Democrats, the Young Democrats of Rhode Island and the Working Families Party of Rhode Island have now each announced legislative endorsements. While all three groups say they will be making more endorsements in the days, weeks and months to come, to date it seems each group has different criteria for winning their endorsement.

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Click on the image for a larger version.

There are structural, rather than political, differences in some cases. For example, the Working Families Party and Progressive Democrats both endorsed candidates with primary opponents while the Young Dems endorsed several candidates who don’t.  But don’t be surprised if by the end of the campaign season if these three groups end up endorsing a slightly different slate of candidates.

Sierra Club endorses 17 candidates for legislature


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RI Sierra Club Logo QuahogThe RI Chapter of the Sierra Club has endorsed 17 legislative candidates – 12 running for a seat in the House of Representatives and 5 running for Senate seats.

“Our political committee based these decisions on a shared questionnaire with Clean Water Action, sent to every candidate, that focused heavily on what the two groups see as the top challenges and goals of the upcoming legislative season,” according to a news release from the Sierra Club. “The candidates below are the ones the Sierra Club believes are both willing and capable of creating a truly resilient, renewable and environmentally responsible Rhode Island.”

The Sierra Club said it will be “adding more endorsements in the days to come for those unopposed or facing/ posing a November challenge. The below list of endorsements is specifically focused on the candidates involved in races we have determined to be key primaries.”

Representative in General Assembly
Moira Walsh, District 3  – Providence
Marcia Ranglin-Vassell, District 5  – Providence
Grace Diaz, District 11 – Providence
Lisa Scorpio, District 13 – Johnston/Providence
Nicholas Delmenico, District 27 – Coventry/Warwick/West Warwick
Teresa Tanzi, District 34 – Narragansett/South Kingstown
Kathleen Fogarty, District 35 – South Kingstown
William Deware, District 54 – North Providence
David Norton, District 60 – Pawtucket
Jason Knight, District 67 – Barrington/Warren
Susan Donovan, District 69 – Bristol/Portsmouth
Linda Finn, District 72 – Middletown/Newport/Portsmouth

Senator in General Assembly
Doris De Los Santos, District 7 – Providence/North Providence
Matt Fecteau, District 8 – Pawtucket
Daniel Issa, District 16 – Central Falls/Pawtucket
Dennis Lavallee, District 17 – Lincoln/North Providence/North Smithfield
Jeanine Calkin, District 30 – Warwick

Sidewalk 7 activists head to trial in resistance to fracked-gas


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Four of the seven activists arrested for blocking the driveway at Federal Energy Regulatory Commission (FERC) headquarters during Beyond Extreme Energy’s #RubberStampRebellion in May are taking their cases to trial.

Defendants and supporters at courthouse in D.C.
Defendants and supporters at courthouse in D.C.

At the Superior Court of the District of Columbia yesterday, #Sidewalk7 members Claude Guillemard of Baltimore, MD, Ellen Taylor of Washington, D.C., and Donald Weightman of Philadelphia, PA, said that they would go to trial, set for Dec. 8, for their May 9 blockade at the FERC.

Peter Nightingale, of Kingston, RI, was arraigned only yesterday because he was out of the country during the first court date. He says he intends to go to trial. BXE and other groups have long criticized the agency for rubber-stamping fracked-gas pipelines, compressor stations and export facilities that it reviews.

“We have been charged with unlawful entry,” Weightman said, “but the real crime is the unlawful entry of methane and carbon dioxide into our air, the unlawful entry of toxic waste into our water, and the unlawful entry of global warming into the future of our world. The real weapon is fracked gas; FERC is the real defendant; we will charge FERC with the commission of a crime.”

MelindaMurphyThe other three #Sidewalk7 activists – Melinda Tuhus of Connecticut, Clarke Herbert of Virginia and Linda Reik of New York – agreed to perform 32 hours of community service and to stay away from the 800 block of 1st Avenue NE, the area of the FERC offices, for four months.

The court actions yesterday were part of the ongoing resistance to fracked-gas infrastructure, including demanding a halt to expansion of Spectra’s AIM Project pipeline. #StopSpectra activists have declared a “state of emergency” in advance of a noon press conference Thursday outside the Manhattan offices of Sens. Charles Schumer and Senator Kirsten Gillibrand. The senators wrote a letter to FERC on Aug. 3 calling for construction to stop. In February, Gov. Andrew Cuomo also asked FERC to postpone the pipeline expansion.

After the court hearing, New York, BXE, and Fossil Free Rhode Island activists hand-delivered invitations to the press conference to the senators’ Washington offices.

The pipeline “would bring fracked gas from Pennsylvania to New England, despite a report from the Massachusetts Attorney General that shows no need for this gas,” the letter said. “In NY, if completed, the AIM Pipeline would carry gas through residential communities and within 105 feet of critical Indian Point Nuclear Power Plant safety facilities.

Just last April, Spectra Energy’s Texas Eastern line erupted into a giant explosion due to pipeline corrosion, and New Yorkers fear what an explosion of this magnitude could mean in such close proximity to Indian Point. Over the last several years, communities along the pipeline route have risen up against the pipeline, and are counting on New York senators to help stop this dangerous project.”

PeterWhitehouseActivists delivered a letter from Fossil Free Rhode Island to Senator Sheldon Whitehouse’s office.  The senator is generally considered to be a climate champion, but he supports fracked gas as a bridge fuel. The letter asks the senator to change his position so that it is consistent with science and with the nation’s obligations under international treaties, the Rio Declaration in particular.  The letter ends stating: “As a small step in that direction, maybe you could start by following Bill McKibben’s suggestion, ‘correcting the outmoded way the EPA calculates the warming effect of methane.’”

In June, DeSmog Blog reported  that a FERC employee who was the agency’s project manager for reviewing the then-proposed AIM pipeline had been hired by an engineering company that is one of Spectra’s main contractors. DeSmog Blog reported in May and July that a contractor hired by FERC to conduct an environmental review of a Spectra project was already working on related Spectra pipeline projects. U.S. Senators Elizabeth Warren and Ed Markey have written to FERC Chairman Norman Bay asking about the “potential conflicts of interest.”

A campaign of nonviolent civil disobedience is also ongoing in West Roxbury, MA, where 165 people have been arrested so far blocking construction of the West Roxbury Lateral pipeline.   Resist the Pipeline is coordinating those actions. In addition, the City Council, mayor, the state representative, state senator and U.S. Congressman Stephen Lynch oppose the project.

Boston City Council President Michelle Wu said, “Climate change impacts us all and especially future generations. We need immediate, bold action to transition rapidly away from reliance on fossil fuels to renewable energy. Building new natural gas infrastructure, such as Spectra Energy’s West Roxbury Lateral Pipeline, is wrong for our communities and wrong for future generations. I applaud the thoughtful, purposeful, nonviolent civil disobedience West Roxbury residents and friends are practicing to accomplish what needs to get done.”

In addition, Massachusetts’ highest court ruled today that the state can’t force residential ratepayers to subsidize the construction of pipelines. “This is an incredibly important and timely decision,” said David Ismay, lead attorney on the case for Conservation Law Foundation. “Today our highest court affirmed Massachusetts’ commitment to an open energy future by rejecting the Baker Administration’s attempt to subsidize the dying fossil fuel industry. The course of our economy and our energy markets runs counter to the will of multi-billion dollar pipeline companies, and, thanks to today’s decision, the government will no longer be able to unfairly and unlawfully tip the scales.”
[Based on a BXE press release.]

Court kills pipeline tariff in Mass, RI still considering


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Margaret Curran
Margaret Curran

As the Rhode Island Public Utilities Commission considers a request from National Grid to have ratepayers help subsidize a controversial pipeline project, the Massachusetts Supreme Judicial Court ruled against such pipeline tariffs in a decision released Wednesday.

“This is an incredibly important and timely decision,’ said David Ismay,  the Conservation Law Foundation’s lead attorney on the case. ‘Today our highest court affirmed Massachusetts’ commitment to an open energy future by rejecting the Baker Administration’s attempt to subsidize to the dying fossil fuel industry. The course of our economy and our energy markets runs counter to the will of multi-billion dollar pipeline companies, and thanks to today’s decision, the government will no longer be able to unfairly and unlawfully tip the scales in their favor.”

The ruling by the Massachusetts Supreme Judicial Court may have an impact on National Grid‘s proposed “pipeline tariff” here in Rhode Island. The Massachusetts court deemed “it unlawful for Massachusetts to force residential electricity customers to subsidize the construction of private gas pipelines, requiring the companies themselves to shoulder the substantial risks of such projects rather than allowing that risk to be placed on hardworking families across the Commonwealth,” according the the Conservation Law Foundation (CLF) who brought the case.

The CLF was the plaintiff in the Massachusetts case. The CLF maintained in their motion to intervene in the Rhode Island case that “an electricity distribution company” entering “into a contract for natural gas transportation capacity and storage services” and receiving “cost recovery for its gas contract from electricity ratepayers” is “something that has never occurred in the United States since the Federal Power Act was enacted in 1935, during President Roosevelt’s first term in office.”

Megan Herzog, one of the two lawyers representing the CLF before the RIPUC said in a phone call that the “pipeline is a bad deal for the whole region and that the Massachusetts court affirmed that.” Though the judge ruled on the case using Massachusetts law, there are statutes in Rhode Island that reflect similar principles.

According to Craig S. Altemose, a senior advisor forthe anti-LNG advocacy group 350 Mass for a Better Future, “It is unclear how much this will be a fatal blow to any of Spectra’s proposed projects, but we have absolutely undercut their financing (to the tune of $3 billion), called into question similar pipeline tax proposals in other states, [italics added] and have given Spectra’s investors greater reason for pause. Either way, we have unambiguously won a victory that the people’s money should be not used for private projects that further commit us to climate catastrophe.”

“Today’s decision reinforces what we already know: it’s not in the public interest to subsidize new fossil fuel infrastructure. It deals a serious blow to companies like Spectra who wanted to subsidize their risky projects with handouts from ratepayers. Communities facing an onslaught of fracked gas projects in their backyards like those in Burrillville have good reason to feel hopeful right now. We urge Governor [Gina] Raimondo and the Rhode Island PUC to follow the lead of Massachusetts and reject the pipeline tax,” Ben Weilerstein, Rhode Island community organizer with Toxics Action Center said.

Though the ruling in Massachusetts has no statutory value in Rhode Island, it may establish some lines of legal reasoning that will be helpful as the Rhode Island Public Utilities (RIPUC) Commission decides on Docket 4267, the Rhode Island part of National Grid’s ambitious plan to charge electrical ratepayers not only for pipeline infrastructure investments, but also to guarantee the company’s profits as they do so.

National Grid responded with the following statement: “This is a disappointing setback for the project, which is designed to help secure New England’s clean energy future, ensure the reliability of the electricity system, and most importantly, save customers more than $1 billion annually on their electricity bills.  We will explore our options for a potential path forward with Access Northeast and pursue a balanced portfolio of solutions to provide the clean, reliable, and secure energy our customers deserve. While natural gas remains a key component in helping to secure New England’s long-term energy future, the recently passed clean energy bill also presents a welcomed opportunity to support the development of large-scale clean energy, such as hydro and wind.”

Yesterday The RIPUC held a hearing on Docket 4627, asking National Grid to explain why it used such a “broad brush” in redacting information in its application. In the meeting announcement it was said that RIPUC Chair Margaret Curran thought “it is not intuitively clear how the information redacted falls within the exception to the Access to Public Records Act.” Much of what National Grid argues that much of what it wants to keep secret falls into the category of trade secrets, and releasing the information would put it at an unfair disadvantage with competitors, such as NextEra Energy Resources, LLC (NextEra).

As pointed out previously, National Grid will not release how much money ratepayers will be on the hook for if this idea is approved by the RIPUC.

Here’s full video of the hearing:

NextEra brought a separate motion to allow its lawyers access to highly confidential parts of National Grid’s application.

Here’s the full video of that hearing:

The Conservation Law Foundation (CLF) released the following statement today in response to the favorable decision from the Massachusetts Supreme Judicial Court in Conservation Law Foundation v. Massachusetts Department of Public Utilities (DPU):

‘This is an incredibly important and timely decision,’ said David Ismay, CLF’s lead attorney on the case. ‘Today our highest court affirmed Massachusetts’ commitment to an open energy future by rejecting the Baker Administration’s attempt to subsidize to the dying fossil fuel industry. The course of our economy and our energy markets runs counter to the will of multi-billion dollar pipeline companies, and thanks to today’s decision, the government will no longer be able to unfairly and unlawfully tip the scales in their favor.’

According to the opinion by Justice Cordy, DPU’s 2015 rule (“Order 15-37”) allowing Massachusetts electric customers to be charged for the construction of interstate gas pipelines is prohibited by the plain languages of statutes that have been the law of the land in Massachusetts for almost two decades.

In his opinion, Justice Cordy wrote, Order 15-37 is ‘invalid in light of the statutory language and purpose of G. L. c. 164, § 94A, as amended by the restructuring act, because, among other things, it would undermine the main objectives of the act and reexpose ratepayers to the types of financial risks from which the Legislature sought to protect them.’

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Franklin Graham’s hate and fear not wanted in Rhode Island


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Franklin_Graham_2016 (1)
Franklin Graham

Franklin Graham, son of the famous evangelist Billy Graham, is coming to the south steps of the Rhode Island State House on August 31 at noon, to preach his message of anti-LGBTQ, anti-Islam, pro-theocracy intolerance. Graham is visiting Rhode Island as part of a 50-state tour.  “I’m going to every state in our country,” says Graham on his website, “to challenge Christians to live out their faith at home, in public and at the ballot box—and I will share the Gospel.”

Graham’s gospel includes the demonization of those who don’t subscribe to his narrow, biblical world view. Graham “and his pals,” writes Rob Boston, director of communications at Americans United for Separation of Church and State, “lost the marriage equality case at the U.S. Supreme Court, but they didn’t let that slow them down. Almost immediately, they started attacking the transgender community.”

Graham’s tour is timed to have maximum impact on the coming presidential election, even as he tries to pretend that his message somehow transcends politics. “I am running a campaign, but I am running a campaign for God,” says Graham on his 50-state tour website. His message isn’t one of unity and peace, it’s one built on the familiar right-wing tropes of hate and fear.

“The secularists, the progressives, many of these people, most of them are people that would be atheistic, and we have taken God out of our country,” said Graham during his Facebook live prayer event, scheduled before the start of the Republican National Convention, “We have taken Him out of our nation; we have taken Him out of our government. We have taken Him out of the education system, and our country is beginning to implode. We’re on the precipice of anarchy.”

Graham reserves his most vile verbal venom for members of the LGBTQ community. “I want the school boards of America in the hands of evangelical Christians within the next four to six years,” said Graham to Fox NewsTodd Starnes, “And it can happen and that will have a huge impact because so many school districts now are controlled by wicked, evil people, and the gays and lesbians, and I keep bringing their name up, but they are at the forefront of this attack against Christianity in America.”

Franklin went to Russia in 2015 to praise “President Vladimir Putin’s protection of ‘traditional Christianity,’ including the passage of the 2013 ‘gay propaganda’ law that effectively criminalizes pro-gay-rights speech and advocacy.”

While in Russia, Graham didn’t miss his chance to put down the country of his birth. “[T]he situation in the US regarding religion is in decline. Secularism, which is almost no different from communism, is an atheistic movement. Our country is becoming more and more secular, more atheist, taking God out of government, taking God out of schools. We are witnessing America losing many religious freedoms. In your country over the past 30 years, we have seen positive changes. But over this same period of time in the US, the changes have been negative.”

If you’re not convinced that Franklin Graham is a monster, consider that he called the “first national monument to the gay rights movement near the site of the Stonewall protests in New York City” an “Unbelievable… monument to sin,” adding, “It’s no surprise that the three officials who represent the area and support the monument are all openly gay.”

Consider that Graham told a capacity crowd in Alabama that the idea of separating church and state is “just a lie that the enemy uses to try to keep your mouth shut.”

Consider that he lead the effort to boycott Girl Scout cookies because of the group’s acceptance of lesbian, bisexual, queer and transgender youth, saying, he “won’t be buying any Girl Scout cookies this year.”

Then there’s Graham’s anti-Islam rants, a featured part of his public comments and sermons since 9/11. In the aftermath of the attacks, writes William Alberts in Counterpunch, Graham called Islam a “very wicked and evil religion.” In the same Counterpunch piece Alberts wrote:

Rev. Graham’s glorification of his brand of Christianity depends on him condemning Islam as a “violent form of faith,” which led him to do violence to Islam with this glaring lie: “‘Nowhere in its history gives proof of peace (italics added).’” He continued, “‘Islam itself has not changed at all in 1500 years . . . It is the same. It is a religion of war.’” He cited the Islamic State, the Taliban and Boko Haram, and concluded, “This is Islam. It has not been hijacked by radicals. This is the faith, this is the religion. It is what it is. It speaks for itself.”

In Rhode Island, the LGBTQ and Muslim communities have united against hate and violence, especially in the wake of the Orlando shootings. When a mosque was vandalized in North Kingstown, members of the LGBTQ community attended an interfaith vigil in support.

Franklin Graham is visiting a state that was founded on principles diametrically opposed to his brand of intolerance, fear and stupidity. I am confident he will not find fertile ground for his bigotry in the state founded by Roger Williams.

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Sheldon calls on Cruz to hold congressional hearings on Trump, Russia


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Trump - Col.Senators Sheldon Whitehouse and Ted Cruz might team up to take on Donald Trump.

Rhode Island’s junior senator and Senator Chris Coons of Delaware, both members of the Senate Judiciary Committee, authored a letter to Cruz, the chairman of the Senate Judiciary Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts, asking him to hold hearings on Donald Trump’s recent “encouragement of a Russian cyber incursion of a U.S. presidential candidate.”

The two Democrats want the conservative Republican of Texas, an adversary of Trump’s, to “conduct an oversight hearing to determine whether existing federal criminal statutes and federal court jurisdiction sufficiently address conduct related to foreign entities that could undermine our elections,” according to the letter.

“Specifically,” reads the letter, “we ask that you consider whether requests for foreign entities to conduct cyber attacks on political opponents violate existing federal criminal statutes, and whether there are obstacles to the federal courts asserting jurisdiction to protect the integrity of our nation’s elections.”

No word yet on whether Cruz will agree to hold the hearings. While the climate change-denying Texan is no ally to Whitehouse, he may be a bigger enemy of Trump’s. When Cruz spoke at the Republican National Convention, he implored people to “vote your conscience” rather than voting for Trump, who purposefully interrupted Cruz’s speech. Before that, Trump insulted Cruz’s wife.

Read Whitehouse and Coon’s full letter to Cruz below:

Dear Chairman Cruz:

We write to express our concern regarding recent remarks made by presidential nominee Donald Trump and the threat of foreign influence in U.S. elections.  On July 27, reporters asked Mr. Trump several questions regarding the cyber breach of the Democratic National Committee and potential Russian involvement.  When asked if he would call on Russian President Vladimir Putin to stay out of the United States’ presidential election, Mr. Trump stated:  “Russia, if you’re listening, I hope you’re able to find the 30,000 e-mails that are missing. . . . I think you will probably be rewarded mightily by our press.”  Mr. Trump’s apparent encouragement of a foreign cyberattack on presidential nominee Hillary Clinton, a U.S. citizen and former Secretary of State, is dangerous and irresponsible.  We ask that you conduct an oversight hearing to determine whether existing federal criminal statutes and federal court jurisdiction sufficiently address conduct related to foreign entities that could undermine our elections.

As two dozen national security experts stated in a recent letter calling for a congressional investigation, this is “not a partisan issue” but rather “an assault on the integrity of the entire American political process.”  The “hacking of a political party’s email system by Russian intelligence agencies would, if proven, constitute unprecedented foreign interference in an American presidential campaign.”

Mr. Trump’s encouragement of a Russian cyber incursion of a U.S. presidential candidate represents an unprecedented call for a foreign government to spy on a U.S. citizen and interfere with a U.S. election.  The threat Russia poses to cybersecurity has long been recognized as a national security issue, with a 2009 National Intelligence Estimate warning that Russia had the most “robust, longstanding program that combines a patient, multidisciplinary approach to computer network operations with proven access and tradecraft.”  Recent Russian attempts to influence foreign elections – in Ukraine, Georgia, and France, for example – by engaging in cyberwarfare and orchestrated leaks are well documented.  Mr. Trump’s comments implicate U.S. criminal laws prohibiting engagement with foreign governments that threaten the country’s interests, including the Logan Act and the Espionage Act.  They threaten the privacy of a U.S. citizen and former government official, inviting Russia to engage in conduct that would violate the Computer Fraud and Abuse Act and, if performed by the U.S. government, would contravene the Fourth Amendment.  Finally, Mr. Trump has invited foreign interference with the presidential election, which we believe should be carefully guarded against under U.S. law.

To ensure the integrity of the presidential election and its insulation from Russian cyber threats, we ask that you conduct an oversight hearing to consider whether existing federal criminal statutes and federal court jurisdiction sufficiently address conduct related to foreign entities that could undermine our elections.  Specifically, we ask that you consider whether requests for foreign entities to conduct cyber attacks on political opponents violate existing federal criminal statutes, and whether there are obstacles to the federal courts asserting jurisdiction to protect the integrity of our nation’s elections.

Sincerely,

Christopher A. Coons                                                                         Sheldon Whitehouse

United States Senator                                                                           United States Senator

Grim Wisdom talks with Mike Araujo


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Mike Araujo
Mike Araujo

Mike Araujo agreed to meet with me a second time for another podcast, so here it is! Topics include revolution, agency, and the labor movement (if there is such a thing–opinions differ). We also talked a little about the aspirational and inspirational Black Lives Matter platform, but we had some slight disagreements as to the best way to implement it, probably none of which will surprise you. In any event, enjoy!


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