Friends of science and evolution: Testify next week in the Texas textbook process?

July 14, 2011

I get important e-mail from the Texas Freedom Network; they’re asking for help next week to fight creationism and other forms of buncombe popular in Texas:

Science and the SBOE: One Week to Go

Next week, the Texas State Board of Education will take a critical vote on science in our public schools. We need people like you to make sure the vote is in favor of sound, well-established science.

Up for board consideration are science instructional materials submitted by a number of publishers and vendors who want their product used in Texas classrooms. Even before the board meets, far-right groups have been hard at work trying to ensure materials approved by the board attack and diminish evolutionary science and include the junk science of “intelligent design”/creationism.

The attacks include one from a little-know firm out of New Mexico, International Databases, which submitted instructional materials rife with creationist propaganda.

It gets worse. Far-right SBOE members last month appointed creationists with questionable scientific credentials to teams tasked with reviewing the materials and making recommendations to the board.

And new board chair Barbara Cargill upped the stakes when in a speech just last week she framed the debate over science as a “spiritual battle.”

The board will hold just ONE public hearing on the science materials. Your participation is crucial.

It is critical that you act now by clicking here to express your interest in testifying before the board on July 21.

Please note: The deadline to sign up to testify is 5 p.m. Monday.

We must insist that the SBOE keep junk science – including “intelligent design”/creationism – out of our children’s classrooms. The board must approve only instructional materials that are accurate, that are in line with sound and well-established science, and that will prepare Texas children to succeed in college and the jobs of the 21st century.

Texas Freedom Network advances a mainstream agenda of religious freedom and individual liberties to counter the radical right. www.tfn.org | www.tfninsider.org | General: tfn@tfn.org
Tell a friend to subscribe to TFN News Clips, Alerts or Rapid Response Teams. Subscribers may choose the issue areas that interest them. To change your TFN subscription preferences – or to unsubscribe – click here.
Copyright 2010, Texas Freedom Network

Trying to carve out time here.  Can you help?

Hearings will be most interesting.  Support for the Texas State Board of Education actually comes, often, from the Texas Education Agency (TEA).  TEA this week laid off just under 200 workers, to deal with the 36% budget chopping done to the agency by the Texas Lege.  Word comes this week that curriculum directors at TEA were let go, including the director of science curriculum.

It’s rather like the first 20 weeks of World War II in the Pacific, with the aggressors advancing on almost all fronts against science.  When is our Battle of Midway?

Information, resources: 


Tea partiers: Constipated, now in the dark — what else can they screw up?

July 9, 2011

Life is just a constant bitch for tea partiers.

Rand Paul revealed why he’s full of . . . that certain fecality, shall we say.  He did that in a hearing about light bulbs, and appliances.  Energy conservation gives Rand Paul formication (look it up).

Joker burns money - Warner Brothers publicity still, with Heath Ledger as the Joker

Burning money: Republicans prefer more heat than light, less energy conservation, and the libertarian, self-help yourself to others' money philosophy popularized in recent movies.

But what about efforts to undo the energy conservation bill that practically forces long-lived, low-energy light bulbs on us?  The Tea Party doesn’t like that idea, either.  Michael Patrick Leahy, writing at the blog for Rupert Murdoch’s Broadside Books, explains why he thinks the Tea Party should oppose Fred Upton’s bill to repeal the energy standards Rand Paul castigated.

Basically, none of these guys knows beans about energy, nor much about the technology or science of electricity and lighting — they just like to whine.

Leahy wrote:

Section 3 [of the “Better Use of Light Bulbs Act,” HR 2417] states that “No Federal, State, or local requirement or standard regarding energy efficient lighting shall be effective to the extent that the requirement or standard can be satisfied only by installing or using lamps containing mercury.” This reads to me that Congress is attacking the mercury laden CFL bulbs. The point of the individual economic choice guaranteed in the Constitution, however, is that Congress ought not to favor CFLs over incandescents, just as it ought not to favor incandescents over CFLs. I’m no fan of CFL bulbs personally, but look for CFL manufacturers like GE to make this argument against the bill at every opportunity.

Section 4 of the Act is designed to repeal the light bulb efficiency standards in effect in the State of California since January 1 of this year. The standards are essentially the federal standards that will go into effect January 1, 2012, but moved up a year. While I personally question the legal status of these very specific rules promulgated by the California Energy Commission based on a vague and non-specific 2007 California statute, it seems to me that there are serious Constitutional questions surrounding a Federal law prohibiting a State to establish its own product efficiency standards. While a good argument can be made that the Commerce Clause grants Congress the right to repeal California state regulations, a reasonable argument could be made by opponents of the bill that Congress can’t do this because the state of California is merely establishing local standards, which is its right.

Given these concerns about Sections 3 and 4, what purpose does it serve to include them in the bill? Both raise potential objections to the passage of the bill on the floor of the House if it comes to a vote this week.

Now, granted this is the House of Representatives, and not the Senate where Sen. Paul keeps a chair warmed, occasionally.  Still, is it too much to ask the Tea Party to support the bills it asks for?  Leahy said:

A full and open discussion of these issues in public hearings held by the House Energy and Commerce Committee would have been the right way to begin a legislative process that would have identified and addressed these potential objections. That’s the course that a Committee Chairman seriously committed to repealing the light bulb ban would have taken. Instead, Chairman Upton has followed this secretive, behind closed doors, last minute rushed vote approach.

There was a hearing in the Senate — good enough for most people — and of course, there were hearings on the issue in the House.  The Tea Party was unconscious at the time.  The bill they’re trying to repeal was a model of moderation as touted by the president when it passed, President George W. Bush — and it’s still a good idea to conserve energy and set standards that require energy conservation (the law does not ban incandescent bulbs).

Also, while they’re complaining about the mercury in Compact Fluorescent Light bulbs (CFLs), remember, Dear Reader, they oppose letting our Environmental Protection Agency (EPA) protect you from mercury in your drinking water or the air that you breathe.  Pollution is only worrisome to them if they can use worry as a tool to whine about people making life work without pollution.  A rational person would point out that the mercury released by coal-fired power plants to produce the energy required by repeal of the conservation law would more than equal the mercury from all the CFLs, even were all that mercury to be released as pollution (which it isn’t, if properly disposed of):

8 hours: The amount of time a person must be exposed to the mercury in a CFL bulb to acquire the same mercury level as eating a six-ounce can of tuna, according to Climate Progress’s Stephen Lacey.

Is it too much to ask for reason, circumspection, and a touch of wisdom from these guys?  You’re supposed to drink the tea, Tea Party, not smoke it.

Tucker Carlson’s Daily Caller (can we get on the no-call list?) says Republicans plan to vote for darkness instead of light next Monday.

A wet shake of the old scrub brush in the general direction of Instapundit, who never met a form of pollution he didn’t prefer over clean water or clean air.

_____________

Update:  Mike the Mad Biologist talks sense about the light bulb vote planned by the dim bulbs:

Because it’s not like more efficient light bulbs would be helpful at all:

The American Council on an Energy Efficient Economy says that the standards would eliminate the need to develop 30 new power plants – or about the electrical demand of Pennsylvania and Tennessee combined.

Only Republicans can make the current crop of Democrats look good…

Mike provides more points that make the Upton bill look simultaneously silly and craven:  The current law does not ban incandescent bulbs at all, for example, one manufacturer has introduced two new incandescent bulbs in the past year.  Tea Party Republicans:  No fact left unignored, no sensible solution left undistorted and unattacked.

Also see:


Quote of the moment: Why does the Clean Air Act mention “climate?” – Naomi Oreskes

June 3, 2011

From “The Invention of Lying” at the American Prospect:

This is ultimately about regulation — its’ about the proper role of government — and what we’re seeing in Congress right now is nothing new. We saw it back in the Newt Gingrich years. It’s about gutting the regulatory structure of the federal government and the main agenda now is to gut the EPA. The Supreme Court ruled very clearly that the EPA does have legal authority — not just authority, legal responsibility — to regulate carbon dioxide under the Clean Air Act.

You know, no journalist has ever asked me why the Clean Air Act, signed in 1973, mentions climate.

Q:  Why does the Clean Air Act mention climate?

Thank you. Because people already knew back in the 1960s that pollution could change the climate.

– Naomi Oreskes to Robert S. Eshelman, “The Invention of Lying,” The American Prospect, June 3, 2011


Raise taxes to pay for regulation? What do we get for our money?

May 25, 2011

Letters to a blog of the Orange County Register (California):

In praise of regulations

ORANGE, Susan Wong: I recently went through my day being mindful of what taxes do for me. I took a shower in clean water. I drove to work over safe, well-maintained streets. I was free to practice a profession of my choosing. I am able to do this work because I got my degree at a California state school and passed the California Board exam to earn my license.

On the way home, I stopped at an FDIC bank to take out some money that I had earned and am allowed to keep to support myself and my family. I stopped at a grocery store and bought safe food to eat due to various government regulations. I took my dog for a walk at a beautiful regional park. I picked up a takeout dinner at a restaurant inspected by state inspectors. And I went to sleep in peace.

Government exists to provide us with tangible things that an individual cannot provide for himself. I am so tired of people complaining about taxes as if they get nothing in return. It takes money to run a government that allows us to live our lives as we do.

So, let’s be grown-up about it and raise taxes to keep California from becoming a third-world country.   (May 25, 2011)

Evidence that not every Californian is crazy.


Rand Paul’s confession: Constipated for years, he can’t see the light

March 17, 2011

In what must be one of the most bizarre but informative exchanges we’ve ever heard from a Tea Partier, Kentucky Sen. Rand Paul reveals what bugs so many Tea Partiers.  His toilets don’t work, and haven’t for 20 years.

That’s not supposed to be a straight line for a gag.

You can’t get the information from just listening to him, however — you have to have some additional facts so you can read between the lines.

From this exchange at the Senate Committee on Energy and Natural Resources, we learn:

  1. Rand Paul trivializes abortion and women’s rights.  He appears to think babies are similar to incandescent light bulbs; he’s pretty clueless about either pregnancies or light bulbs.  Could there be a more offensive way to introduce this topic, than to claim his right to buy an incandescent light bulb and waste energy is equal, somehow, to a woman’s right to choose whether to carry a baby?
  2. Rand Paul doesn’t know how to shop.  Rand Paul isn’t much of a plumber.  He apparently bought a defective toilet some years ago, one that either doesn’t work or just can’t deal with the amount of effluent he personally produces, and he blames government for his bowel issues and his plumbing issues.  Well-working, low-water-use toilets have been available for decades in Europe and Asia, and are now available in the U.S., but he can’t be bothered to shop for them.  If he could maintain his old, water-wasting toilet, he’d have no kick, of course.  But he can’t be bothered to shop for a plumber who knows plumbing, and he can’t figure out how to do it himself.
  3. Rand Paul is incompetent at economics and constitutional law, at the same time.  Rand Paul thinks government should regulate things for his satisfaction, keeping products available that are no longer economical to produce — and if government fails to force businesses to do his bidding, it’s government’s fault; but the fact that Paul lives in the 19th century in his mind and no one else wants what he wants, never occurs to him.
  4. Rand Paul wants government to subsidize his bad choices.

Oy.

Let’s go to the video:

Can somebody get Rand Paul a competent plumber?  Can somebody show him how to use Google or Bing or Yahoo! to shop for good toilets and good plumbers?   The nation needs Paul to return to sanity, decency, and sanitation.

[Update:  Paul could learn about efficient, U.S.-built toilets, here.]

Am I wrong to think Paul is making an attack on wise conservation in general?  Why?

Paul’s smug, self-satisfied invincibility of incompetence and learned helplessness is appalling.  (Take that, Protein Wisdom; it’s just you, Jeff G. — everybody else sees Ms. Morgan as composed against Paul’s overweening smugness.)

Can somebody explain this to me:  This moment of extreme embarrassment to Sen. Paul is posted by his office at his YouTube site.  What were they thinking?

Somebody give a medal to Energy’s Deputy Assistant Secretary Kathleen Morgan for not teeing off on the guy.  Letting him twist in the wind is good enough.

By the way, the bill Paul complains about?  The manufacturers agreed to the standards voluntarily, and have already agreed to comply — the bill adds no regulations they say they cannot meet; Hogan’s statement noted:

S.398 codifies agreements that were negotiated, signed, and promoted by a cross-section of stakeholders representing consumer advocacy groups, manufacturers, manufacturer trade associations, and energy efficiency advocacy organizations, all of whom support this bill. The negotiated consensus agreements would establish energy conservation standards for 14 products, several of which are in the midst of DOE’s ongoing standards and test procedure rulemakings.

Also constipated:

Resources, good information:


Quote of the moment: 1971, U.S. Court of Appeals for the District of Columbia orders a review of the safety of DDT

November 23, 2010

Excerpted from ENVIRONMENTAL DEFENSE FUND, INCORPORATED et al., Petitioners, v. William D. RUCKELSHAUS, Administrator of the Environmental Protection Agency & Environmental Protection Agency, Respondents, Izaak Walton League of America, Montrose Chemical Corporation of California, State of New York, Intervenors, 439 F.2d 584 (1971); Chief Judge David L. Bazelon wrote the decision.

This is a petition for review of an order of the Secretary of Agriculture,1 refusing to suspend the federal registration of the pesticide DDT or to commence the formal administrative procedures that could terminate that registration.

Born in Wisconsin, David L. Bazelon grew up in Chicago and practiced law there. In 1949, President Truman named him to the United States Court of Appeals for the District of Columbia Circuit, often described as the country's most influential court, next to the Supreme Court. At 40, he was the youngest judge ever appointed to that court. From 1962-1978 he served as chief judge, retiring in 1986 as a senior judge.

*      *      *      *      *

We conclude that the order was based on an incorrect interpretation of the controlling statute, and accordingly remand the case for further proceedings.  In this case the Secretary has made a number of findings with respect to DDT. On the basis of the available scientific evidence he has concluded that (1) DDT in large doses has produced cancer in test animals and various injuries in man, but in small doses its effect on man is unknown; (2) DDT is toxic to certain birds, bees, and fish, but there is no evidence of harm to the vast majority of species of nontarget organisms; (3) DDT has important beneficial uses in connection with disease control and protection of various crops. These and other findings led the Secretary to conclude ‘that the use of DDT should continue to be reduced in an orderly, practicable manner which will not deprive mankind of uses which are essential to the public health and welfare. To this end there should be continuation of the comprehensive study of essentiality of particular uses and evaluations of potential substitutes.’38

There is no reason, however, for that study to be conducted outside the procedures provided by statute. The Secretary may, of course, conduct a reasonable preliminary investigation before taking action under the statute. Indeed, the statute expressly authorizes him to consult a scientific advisory committee, apart from the committee that may be appointed after the issuance of a cancellation notice.39 But when, as in this case, he reaches the conclusion that there is a substantial question about the safety of a registered item, he is obliged to initiate the statutory procedure that results in referring the matter first to a scientific advisory committee and then to a public hearing. We recognize, of course, that one important function of that procedure is to afford the registrant an opportunity to challenge the initial decision of the Secretary. But the hearing, in particular, serves other functions as well. Public hearings bring the public into the decision-making process, and create a record that facilitates judicial review.40 If hearings are held only after the Secretary is convinced beyond a doubt that cancellation is necessary, then they will be held too seldom and too late in the process to serve either of those functions effectively.

The Secretary’s statement in this case makes it plain that he found a substantial question concerning the safety of DDT, which in his view warranted further study. Since we have concluded that that is the standard for the issuance of cancellation notices under the FIFRA, the case must be remanded to the Secretary with instructions to issue notices with respect to the remaining uses of DDT, and thereby commence the administrative process.

*        *        *        *        *

We stand on the threshold of a new era in the history of the long and fruitful collaboration of administrative agencies and reviewing courts. For many years, courts have treated administrative policy decisions with great deference, confining judicial attention primarily to matters of procedure.48 On matters of substance, the courts regularly upheld agency action, with a nod in the direction of the ‘substantial evidence’ test,49 and a bow to the mysteries of administrative expertise.50 Courts occasionally asserted, but less often exercised, the power to set aside agency action on the ground that an impermissible factor had entered into the decision, or a crucial factor had not been considered. Gradually, however, that power has come into more frequent use, and with it, the requirement that administrators articulate the factors on which they base their decisions.51

Strict adherence to that requirement is especially important now that the character of administrative litigation is changing. As a result of expanding doctrines of standing and reviewability,52 and new statutory causes of action,53 courts are increasingly asked to review administrative action that touches on fundamental personal interests in life, health, and liberty. These interests have always had a special claim to judicial protection, in comparison with the economic interests at stake in a ratemaking or licensing proceeding.

To protect these interests from administrative arbitrariness, it is necessary, but not sufficient, to insist on strict judicial scrutiny of administrative action. For judicial review alone can correct only the most egregious abuses. Judicial review must operate to ensure that the administrative process itself will confine and control the exercise of discretion.54 Courts should require administrative officers to articulate the standards and principles that govern their discretionary decisions in as much detail as possible.55 Rules and regulations should be freely formulated by administrators, and revised when necessary.56 Discretionary decisions should more often be supported with findings of fact and reasoned opinions.57 When administrators provide a framework for principled decision-making, the result will be to diminish the importance of judicial review by enhancing the integrity of the administrative process, and to improve the quality of judicial review in those cases where judicial review is sought.

Remanded for further proceedings consistent with this opinion.

(President Nixon’s Secretary of Agriculture Clifford M. Hardin reviewed DDT regulations and decided no further action was required — since 1958, USDA had been reducing and eliminating DDT from use on USDA lands, as was the Department of the Interior.  Environmental Defense Fund sued, arguing more action should have been required.  In a complex decision, the U.S. Court of Appeals for the District of Columbia ordered more study of the issue.  By the time of the decision, the Environmental Protection Agency (EPA) had been established, and EPA Director William D. Ruckelshaus took Hardin’s place as defendant, with EPA assuming USDA’s position as defendant agency.  EPA’s review resulted in a ban on use of DDT on crops in the U.S.)

Some historians and many critics of EPA’s decision to ban DDT from agricultural use in the U.S. fail to acknowledge the importance of this ruling.  Judge Bazelon said that great caution alone is not sufficient on the part of administrators, and he ordered that the evidence against DDT be placed on the public record for public scrutiny.  “Public scrutiny” in this case would mean analysis by scientists, pesticide manufacturers, farming and farm support organizations, health workers, policy makers, and reporters.

On one hand, this decision tends to favor DDT advocates.  Judge Bazelon said the administrator in charge of carrying out FIFRA, the Federal Insecticide, Fungicide and Rodenticide Act, must give advocates of DDT the basis for the ruling: “On the basis of the available scientific evidence he has concluded that (1) DDT in large doses has produced cancer in test animals and various injuries in man, but in small doses its effect on man is unknown; (2) DDT is toxic to certain birds, bees, and fish, but there is no evidence of harm to the vast majority of species of nontarget organisms; (3) DDT has important beneficial uses in connection with disease control and protection of various crops.”

On the other hand, Bazelon’s order means that the significant harms of DDT must  be spelled out in public — so that the administrator’s ruling can be contested if it does not do what FIFRA requires.  In other places in the decision, Judge Bazelon notes that Congress had required, through FIFRA, that a pesticide determined to be uncontrollably dangerous must be taken off the market, under the justification that it was “mislabeled.”  Lower courts had already made that determination on DDT.  Bazelon’s order set the stage to require the administrator to ban DDT as a matter of law — the administrator being  the Secretary of Agriculture originally, or the Director of EPA under the reorganization of the government that created EPA .

Critics of William Ruckelshaus’s decision to ban DDT miss this point of the law.  Under the findings of the nearly year-long hearing in EPA’s administrative law courts, DDT was found to be an uncontrollable poison in the wild.  FIFRA required such a pesticide to have its registration cancelled, with very little wiggle room to make a case for any continued use of the stuff.  Ruckelshaus’s action stopped the immediate shutdown of DDT manufacturing in the U.S.   This proved to be a mixed benefit decision.  While the U.S. benefited financially from export of DDT, that the U.S. exported a chemical banned for most uses inside the U.S. proved to be a sore point in foreign relations with other nations; also most of the manufacturing sites were highly contaminated, so much so that the manufacturers declared bankruptcy rather than stick around to clean them up under the rules of the Superfund which took effect in 1984.  Taxpayer dollars now pay for massive cleanup operations of DDT manufacturing sites in California, Michigan, and Alabama, and other places.


Back to the Eisenhower era? It’d be a smash

November 9, 2010

Sen.-elect Rand Paul wants to take us back to the Eisenhower era?  Too much regulation, “strangling business,” he says?

See what the Eisenhower-era Chevrolet does versus the Obama-era Chevrolet — Insurance Institute for Highway Safety crash tests:

There.  Feel safer?

Tip of the old scrub brush to Mary Almanza.


DDT can’t fight bedbugs

September 19, 2010

Newsweek magazine, even in its much reduced form (bolstered by a good on-line site), still provides essential reporting.

A week or so ago Newsweek published a piece of reporting on the politics of bedbugs.  To wit:

  1. DDT doesn’t work against bedbugs, and hasn’t worked against them since the late 1950s.
  2. Astroturf organizations, so-called “think-tanks” set up by corporate interests jumped on bedbugs as another way of attacking the 46-years dead Rachel Carson, environmentalists, scientists and government — falsely.  The Heartland Institute is singled out as one group spreading false claims in favor of poison and against environmental protection.
  3. The recent resurgence of bedbugs is more related to changes in fighting other pests than in the discontinuation of DDT against them.  Had DDT been the magic answer, bedbugs should have made a resurgence in 1960 when DDT use against them was stopped, not 2010, a full half-century later.
  4. The many screeds in favor of DDT are politically driven, not science driven.

Think about that — every claim that we need DDT to fight bedbugs is a planted, political advertisement, and not a fact-based policy argument.  Each of those claims is based in a political smear, and not based on science.

The really weird part is that so many writers and bloggers spread the false claims without being paid.  Selling one’s soul for money is understandable; giving one’s soul away for nothing is stupid, or evil, or both.

Newsweek reported:

DDT “devastated” bedbug populations when it was introduced in the 1940s, says Richard Cooper, technical director for Cooper Pest Solutions and a widely quoted authority on bedbug control. Mattresses were soaked in it, wallpaper came pre-treated with it. It also killed boll weevils, which fed on cotton buds and flowers (by far, the majority of DDT was applied to cotton fields), and, incidentally, it killed bald eagles and numerous other species of birds, the phenomenon that gave Carson her title. In the laboratory, DDT can cause cancer in animals; its effect on human beings has long been debated, but since it accumulates up the food chain, and stays in the body for years, the consensus among public-health experts was that it was better to act before effects showed up in the population. But long before the United States banned most uses of it in 1972, DDT had lost its effectiveness against bedbugs—which, like many fast-breeding insects, are extremely adept at evolving resistance to pesticides. “Bloggers talk about bringing back DDT,” says Bob Rosenberg, director of government affairs for the National Pest Management Association, “but we had stopped using it even before 1972.”

Resources:

Evolution has bred DDT-resistant bedbugs. Chart from

Evolution has bred DDT-resistant bedbugs. Chart from “Understanding Evolution, Bed Bugs Bite Back Thanks to Evolution,”


Texas Attorney General refuses to enforce the law

September 13, 2010

Here’s a good reason to vote him out this fall:  Texas Attorney General Greg Abbott officially notified the federal government he won’t enforce clean air laws.  (Rude letter that follows, here.)

Can you imagine the contretemps had he announced he won’t enforce federal immigration laws, nor support their enforcement by federal officials?

Abbott is once again putting politics far, far ahead of science, no matter how it damages Texas (Texas pays premiums in home insurance already because of damage from global warming).

If it’s something in the water that generates such craziness, I hope it enters the water systems well south of Dallas.

Abbott’s opponent is a well-respected, deeply experienced, honorable attorney named Barbara Ann Radnofsky.  Almost every big polluting corporation in America is supporting Abbott.  You may want to consider that as you contribute to candidates this week (hurry!), and as you vote this fall.

More information, more resources:

Hard shake of the old scrub brush to Texas Climate News.


Velsicol Chemical vs. Rachel Carson — the lawsuit that didn’t happen

August 23, 2010

Decades later, the site of Velsicol's DDT manufacturing at St. Louis, Michigan, along the Pine River, remains a still-recovering-from-contamination site.  Velsicol denied DDT is dangerous in a letter to the publisher of Silent Spring. In 1999 EPA began a $100 million Superfund clean-up of Velsicol's site. Even with new, better cleanup methods, it's still a hazard.  Photo from Penny Park, by the Pine River Superfund Citizen Task Force

Decades later, the site of Velsicol’s DDT manufacturing at St. Louis, Michigan, along the Pine River, remains a still-recovering-from-contamination site. Velsicol denied DDT is dangerous in a letter to the publisher of Silent Spring. In 1999 EPA began a $100 million Superfund clean-up of Velsicol’s site. Even with new, better cleanup methods, it’s still a hazard. Photo from Penny Park, by the Pine River Superfund Citizen Task Force

This story by Linda Gittleman deserves circulation well outside central Michigan, where it was published in the Morning Sun:

LINDA GITTLEMAN: Telling stories of the St. Louis Superfund sites

Published: Sunday, August 22, 2010

When it comes to the St. Louis area Superfund sites, there must be a thousand sidebars – those quirky little stories that all played a role in what happened at the Velsicol Chemical plant, in the city and indeed the country throughout the last several decades.

And, I suspect, there are a thousand more yet to come out.

Several years ago, the PBS series “American Experience” showcased Rachel Carson, the woman who wrote “Silent Spring,” published in 1962. That was the book which became the force that led to the ban, for the most part, of DDT use in the U.S.

Velsicol in St. Louis was the largest manufacturer of DDT in the country.

In the program, Carson recalled the bad old days.

To say the chemical company didn’t much care for her is an understatement. They flat out called her a liar.

Not only was she up to no good with her “sinister influence.” She was also a “tool of the Communist menace.”

Nor did they care much for the New Yorker magazine, which published excerpts from her book shortly before publication. At least the same could be said for her publisher Houghton Mifflin.

Alma College Professor Ed Lorenz had traveled to Yale and perused Carson’s papers that are kept there.

He found a five-page letter written to the publisher from Velsicol’s lawyer outlining in great detail all the discrepancies, misstatements and misunderstandings on Carson’s part as well as the inaccuracies found in the New Yorker series.

Letter from Velsicol Chemical to publisher of Silent Spring

Letter from Velsicol Chemical to publisher of Silent Spring, threatening to sue if alleged errors in Silent Spring were not corrected. No changes were made, and Velsicol did not sue. Letter image from the archives of Alma College.

Certainly wouldn’t want to see all those errors in the book due out, so a letter from Velsicol was in order. A letter that would “call several matters to your attention from legal and ethical standpoints.”

Louis McLean, the attorney, requested a meeting with the publisher so they could discuss all that and more besides.

The editor in chief wrote back and thanked him for the letter, forwarding on a copy to Carson.

“We have reviewed carefully the sources for the statements in her book, in the light of the points you bring up in your letter,” Paul Brooks wrote in response. “While there may be room for differences of opinion, we still believe, after thorough examination, that Miss Carson’s presentation is accurate and fair. Since our concern as well as yours is factual accuracy, we do not believe that a meeting would serve any useful purpose.”

Velsicol didn’t sue.

E.B. White, then the publisher of the New Yorker wrote to Carson, remarking on her courage for, “putting on the gloves and going in with this formidable opponent. This will be an Uncle Tom’s Cabin of a book, I feel – the sort that will help turn the tide.”

It did, at least in the U.S.

And one last item for the “It’s a small world department:” Did you know that the mother of Bernie Davis, the former Alma College professor and former county commissioner, was Carson’s administrative assistant?

She too was interviewed on “American Experience,” Lorenz said.

(Linda Gittleman is the Gratiot Managing Editor and can be reached at lgittleman@michigannewspapers.com.)

America is vexed with a non-centrally organized, but persistent, campaign to smear Rachel Carson and her work, with inaccurate claims about her research and the science of environmental protection — smears that would be laughable were there not so many ill-informed people who give them credence.  In contrast, there is no paid lobby to spread the good works of Rachel Carson — the truth simply stands on its own.

More about DDT and Alma, Michigan, at Millard Fillmore’s Bathtub:

Also see:


EPA posts greenhouse gas reporting requirements

June 29, 2010

What’s that racket, that squealing, that ‘stuck’ pig noise?

Orbitals model of sulfur hexafluoride (SF6) - Wikimedia image

Space-filling model of sulfur hexafluoride (SF6) - Wikimedia image. Sulfur hexafluoride is one of the most powerful greenhouse gases known, with "global warming potential" 22,800 times that of CO2. EPA proposes to measure SF6 emissions as a first step toward reducing emissions. Warming deniers propose to stop the regulations.

EPA published regulations for measuring greenhouse gases as part of its CO2 emission regulatory program — and the noise is the reaction of the anti-warmists.

Here’s EPA’s press release — notice the links to longer explanations, and note especially that the regulations are not final yet, but are instead open for public comment.

FOR IMMEDIATE RELEASE
June 29, 2010

EPA Issues Greenhouse Gas Reporting Requirements for Four Emissions Sources

Agency also to consider data confidentiality

WASHINGTON The U.S. Environmental Protection Agency (EPA) is finalizing requirements under its national mandatory greenhouse gas (GHG) reporting program for underground coal mines, industrial wastewater treatment systems, industrial waste landfills and magnesium production facilities. The data from these sectors will provide a better understanding of GHG emissions and will help EPA and businesses develop effective policies and programs to reduce them.

Methane is the primary GHG emitted from coal mines, industrial wastewater treatment systems and industrial landfills and is more than 20 times as potent as carbon dioxide at warming the atmosphere.  The main fluorinated GHG emitted from magnesium production is sulfur hexafluoride, which has an even greater warming potential than methane, and can stay in the atmosphere for thousands of years.

These source categories will begin collecting emissions data on January 1, 2011, with the first annual reports submitted to EPA on March 31, 2012.

In a separate proposed rule, EPA is requesting public comment on which industry related GHG information would be made publicly available and which would be considered confidential. Under the Clean Air Act, all emission data are public. Some non-emission data, however, may be considered confidential, because it relates to specific information which, if made public, could harm a business’s competitiveness. Examples of data considered confidential under this proposal include certain information reported by fossil fuel and industrial gas suppliers related to production quantities and raw materials. EPA is committed to providing the public with as much information as possible while following the law.

The GHG reporting program requires suppliers of fossil fuels or industrial GHGs and large direct emitters of greenhouse gases to report to EPA.  Collecting this data will allow businesses to track emissions and identify cost effective ways to reduce emissions.  EPA is preparing to provide data to the public after the first annual GHG reports are submitted in March 2011.

There will be a 60-day public comment period on the proposed rules that will begin upon publication in the federal register.

More information on the final rule to add reporting requirements for four source categories:

http://www.epa.gov/climatechange/emissions/remaining-source-categories.html

More information on the proposal on data confidentiality:

http://www.epa.gov/climatechange/emissions/CBI.html

R227

These regulations are those complained about and proposed to be stopped by critics of the campaign to stop global warming.  Alaska’s pro-warming Sen. Lisa Murkowski introduced a resolution to stop these regulations, with the support of junk science lobbyists including the National Center for Policy Research.  Fortunately, on June 10 the Senate voted 47-53 to reject a motion to consider the resolution, S. J. Res. 26, “A joint resolution disapproving a rule submitted by the Environmental Protection Agency relating to the endangerment finding and the cause or contribute findings for greenhouse gases under section 202(a) of the Clean Air Act.”

Both of Texas’s senators were suckered by the junk science.  Sen. John Cornyn and Sen. Kay Bailey Hutchison both co-sponsored the losing resolution.  Texas Gov. Rick Perry and Attorney General Greg Abbott filed suit to stop the regulations.  Abbott’s opponent in the 2010 elections, Barbara Ann Radnofsky, probably the only one of these Texans who might understand sulfur hexafluoride’s role as a pollutant, criticized the suit and urged Abbott to spend his time protecting Texas oil fields from oil company sabotage.

Help control emissions from climate “skeptics,” and spread the good word:

Add to FacebookAdd to NewsvineAdd to DiggAdd to Del.icio.usAdd to StumbleuponAdd to RedditAdd to BlinklistAdd to TwitterAdd to TechnoratiAdd to Furl


Washington Times felled by DDT poisoning

June 9, 2010

Washington Times‘ owner, the Unification Church, put the paper up for sale earlier this year — tired of losing north of $30 million a year on the thing.  It appears that, in a cost-cutting move, the paper has laid off all its fact checkers and most of its editors.

And anyone with a brain.

DDT use in the U.S. peaked in 1959, with 70 million pounds of the stuff used in that year.  This ad comes from about that time.

DDT use in the U.S. peaked in 1959, with 70 million pounds of the stuff used in that year. This ad for a French product containing DDT comes from about that time.

How do we know?

Our old friend Stephen Milloy complains about Time Magazine’s “50 Worst Inventions” list, including, especially the listing of DDT, as discussed earlier.  It’s wrong, and silly.  Good fact checkers, and good editors, wouldn’t let such claptrap make it into print.

Milloy packed an astounding number of whoppers in a short paragraph about DDT:

From 1943 through its banning by the EPA in 1972, DDT saved hundreds of millions of lives all over the world from a variety of vector-borne diseases. Even when Environmental Protection Agency Administrator (and closeted environmental activist) William D. Ruckelshaus banned DDT in 1972, he did so despite a finding from an EPA administrative law judge who, after seven months and 9,000 pages of testimony, ruled that DDT presented no threat of harm to humans or wildlife. Today, a million children die every year from malaria. DDT could safely make a tremendous dent in that toll.

Let us count the errors and falsehoods:

1.  DDT was used against typhus from 1943 through about 1946, and against bedbugs; it saved millions, but not hundreds of millions. Death tolls from typhus rarely rose over a million a year, if it ever did.  Bedbugs don’t kill, they just itch.  If we add in malaria after 1946, in a few years we push to four million deaths total from insect-borne diseases — but of course, that’s with DDT being used.  If we charitably claim DDT saved four million lives a year between 1943 and 1972, we get a total of 117 million lives saved.  But we know that figure is inflated a lot.

Sure, DDT helped stop some disease epidemics.  But it didn’t save “hundreds of millions of lives” in 29 years of use.  The National Academy of Sciences, in a book noting that DDT should be banned because its dangers far outweigh its long-term benefits, goofed and said DDT had saved 500 million lives from malaria, and said DDT is one of the most beneficial chemicals ever devised by humans.  500 million is the annual infection rate from malaria, with a high of nearly four million deaths, but in most years under a million deaths.  Malaria kills about one of every 500 people infected in a year.  That’s far too many deaths, but it’s not as many lives saved as Milloy claims.

NAS grossly overstated the benefits of DDT, and still called for it to be banned.

The question is, why is Milloy grossly inflating his figures?  Isn’t it good enough for DDT to be recognized as one of the most beneficial substances ever devised?

My father always warned that when advertisers start inflating their claims, they are trying to hide something nasty.

2.  Ruckelshaus didn’t ban DDT on his own — nor was he a “closeted” environmentalist. He got the job at EPA because he was an outstanding lawyer and administrator, with deep understanding of environmental issues — his environmentalism was one of his chief qualifications for the job.  (Maybe Milloy spent the ’70s in a closet, and assumes everyone else did, too?)  But EPA acted only when ordered to act by two different federal courts (Judge David Bazelon ordered an end to all use of DDT at one of the trials).  At trial, DDT had been found to be inherently dangerous and uncontrollable.  Both courts were ready to order DDT banned completely, but stayed those orders pending EPA’s regulatory hearings and action.

In fact, regulatory actions against DDT began in the 1950s; by 1970, scientific evidence was overwhelming (and it has not be contradicted:

The U.S. Department of Agriculture, the federal agency with responsibility of regulating pesticides before the formation of the U.S. Environmental Protection Agency in 1970, began regulatory actions in the late 1950s and 1960s to prohibit many of DDT’s uses because of mounting evidence of the pesticide’s declining benefits and environmental and toxicological effects. Rachel Carson’s book Silent Spring in 1962 stimulated widespread public concern over the dangers of improper pesticide use and the need for better pesticide controls.

In 1972, EPA issued a cancellation order for DDT based on adverse environmental effects of its use, such as those to wildlife, as well as DDT’s potential human health risks. Since then, studies have continued, and a causal relationship between DDT exposure and reproductive effects is suspected. Today, DDT is classified as a probable human carcinogen by U.S. and international authorities. This classification is based on animal studies in which some animals developed liver tumors.

DDT is known to be very persistent in the environment, will accumulate in fatty tissues, and can travel long distances in the upper atmosphere. Since the use of DDT was discontinued in the United States, its concentration in the environment and animals has decreased, but because of its persistence, residues of concern from historical use still remain.

3.  Judge Sweeney ruled that DDT is dangerous to humans and especially wildlife, but that DDT’s new, Rachel-Carson-friendly label would probably protect human health and the environment. EPA Administrative Law Judge Edmund Sweeney presided at the hearings in 1971.  As in the two previous federal court trials, DDT advocates had ample opportunity to make their case.  32 companies and agencies defended the use of DDT in the proceeding.  Just prior to the hearings, DDT manufacturers announced plans to relabel DDT for use only in small amounts, against disease, or in emergencies, and not in broadcast spraying ever.  This proved significant later.

Judge Sweeney did not find that DDT is harmless.  Quite to the contrary, Sweeney wrote in the findings of the hearing:

20.  DDT can have a deleterious effect on freshwater fish and estuarine organisms when directly applied to the water.

21.  DDT is used as a rodenticide. [DDT was used to kill bats in homes and office buildings; this was so effective that, coupled with accidental dosing of bats from their eating insects carrying DDT,  it actually threatened to wipe out some species of bat in the southwest U.S.]

22.  DDT can have an adverse effect on beneficial animals.

23.  DDT is concentrated in organisms and can be transferred through food chains.

DDT use in the U.S. had dropped from a 1959 high of 79 million pounds, to just 12 million pounds by 1972.  Hazards from DDT use prompted federal agencies such as the Department of Agriculture and Department of Interior to severely restrict or stop use of the stuff prior to 1963.  Seeing the writing on the wall, manufacturers tried to keep DDT on the market by labeling it very restrictively.  That would allow people to buy it legally,  and then use it illegally, but such misuse can almost never be prosecuted.

Sweeney wrote that, under the new, very restrictive label, DDT could be kept on the market.  Ruckelshaus ruled that EPA had a duty to protect the environment even from abusive, off-label use, and issued a ban on all agricultural use.

4.  More DDT today won’t significantly reduce malaria’s death toll. Milloy fails to mention that DDT use against malaria was slowed dramatically in the mid-1960s — seven years before the U.S. banned spraying cotton with it — because mosquitoes had become resistant and immune to DDT.  DDT use was not stopped because of the U.S. ban on spraying crops; DDT use was reduced because it didn’t work.

Milloy also ignores the fact that DDT is being used today.  Not all populations of mosquitoes developed immunity, yet.  DDT has a place in a carefully-managed program of “integrated vector management,” involving rotating several pesticides to ensure mosquitoes don’t evolve immunity, and spraying small amounts of the pesticide on the walls of houses where it is most effective, and ensuring that DDT especially does not get outdoors.

To the extent DDT can be used effectively, it is being used.  More DDT can only cause environmental harm, and perhaps harm to human health.

Most significantly, Milloy grossly overstates the effectiveness of DDT.  Deaths from malaria numbered nearly 3 million a year in the late 1950s; by the middle 1960s, the death rate hovered near 2 million per year.  Today, annual death rates are under a million — less than half the death rate when DDT use was at its peak.  Were DDT the panacea Milloy claims, shouldn’t the death numbers go the other way?

Milloy gets away making wild, misleading and inaccurate claims when editors don’t bother to read his stuff, and they don’t bother to ask “does this make sense?”  Nothing Milloy claims could be confirmed with a search of PubMed, the most easily accessible, authoritative data base of serious science journals dealing with health.

Obviously, Washington Times didn’t bother to check.  Were all the fact checkers let go?

Even more lunatic

Milloy also attacked the decision to get lead out of gasoline.  Ignoring all the facts and the astoundingly long history of severe health effects from lead pollution, Milloy dropped this stinking mental turd:

As to leaded gasoline, we can safely say that leaded gasoline helped provide America and the world with unprecedented freedom and fueled tremendous prosperity. We don’t use leaded gasoline in the United States anymore, but more because people simply don’t like the idea of leaded gasoline as opposed to any body of science showing that it caused anybody any harm. It’s the dose that makes the poison, and there never was enough lead in the ambient environment to threaten health.

The U.S. found that getting lead out of gasoline actually improved our national IQ.  Lead’s health effects were so pervasive, there was an almost-immediate improvement in health for the entire nation, especially children, when lead was removed.  Denying the harms of tetraethyl lead in gasoline goes past junk science, to outright falsehood.

What is Milloy’s fascination with presenting deadly poisons as “harmless?”  Why does he hate children so?

Why do publications not catch these hallucination-like errors and junk science promotions when he writes them?

Antidote to DDT poisoning in humans:  Spread the facts:

Add to FacebookAdd to NewsvineAdd to DiggAdd to Del.icio.usAdd to StumbleuponAdd to RedditAdd to BlinklistAdd to TwitterAdd to TechnoratiAdd to Furl


DDT-style problems remain

June 2, 2010

As evidenced by this announcement of newly-proposed regulations on pesticides in water.

From the EPA, pure and unedited:

FOR IMMEDIATE RELEASE

June 2, 2010

EPA Proposes New Permit Requirements for Pesticide Discharges

Action would reduce amount of pesticides discharged and protect America ’s waters

WASHINGTON The U.S. Environmental Protection Agency (EPA) is proposing a new permit requirement that would decrease the amount of pesticides discharged to our nation’s waters and protect human health and the environment. This action is in response to an April 9, 2009 court decision that found that pesticide discharges to U.S. waters were pollutants, thus requiring a permit.

The proposed permit, released for public comment and developed in collaboration with states, would require all operators to reduce pesticide discharges by using the lowest effective amount of pesticide, prevent leaks and spills, calibrate equipment and monitor for and report adverse incidents. Additional controls, such as integrated pest management practices, are built into the permit for operators who exceed an annual treatment area threshold.

“EPA believes this draft permit strikes a balance between using pesticides to control pests and protecting human health and water quality,” said Peter S. Silva, assistant administrator for EPA’s Office of Water.

EPA estimates that the pesticide general permit will affect approximately 35,000 pesticide applicators nationally that perform approximately half a million pesticide applications annually. The agency’s draft permit covers the following pesticide uses:  (1) mosquito and other flying insect pest control; (2) aquatic weed and algae control; (3) aquatic nuisance animal control; and (4) forest canopy pest control. It does not cover terrestrial applications to control pests on agricultural crops or forest floors.  EPA is soliciting public comment on whether additional use patterns should be covered by this general permit.

The agency plans to finalize the permit in December 2010.  It will take effect April 9, 2011. Once finalized, the pesticide general permit will be used in states, territories, tribal lands, and federal facilities where EPA is the authorized permitting authority.  In the remaining 44 states, states will issue the pesticide general permits. EPA has been working closely with these states to concurrently develop their permits.

EPA will hold three public meetings, a public hearing and a webcast on the draft general permit to present the proposed requirements of the permit, the basis for those requirements and to answer questions. EPA will accept written comments on the draft permit for 45 days after publication in the Federal Register.

More information on the draft permit: http://www.epa.gov/npdes

R197

Note: If a link above doesn’t work, please copy and paste the URL into a browser.

View all news releases related to water

Let me repeat for emphasis, from the press release:  “EPA will accept written comments on the draft permit for 45 days after publication in the Federal Register.”


Global warming on other planets? Don’t be a dumb bunny

May 18, 2010

Do you weary, as I do, of global warming disbelievers* who say, with a straight face, that global warming is no problem on Earth because other planets in our solar system are also warming?

I mean, they say it as if there were a connection, as if it meant anything — does it weary you?

Photograph of sunglint and the Earth's limb from the Internation Space Station Expedition 22.

Photograph of sunglint and the Earth’s limb from the Internation Space Station Expedition 22.

Eli Rabett is doing the hard-but-necessary academic task of combing through the official responses EPA scientists gave to comments on their proposals to regulate greenhouse gases.  Such regulations must be published in the Federal Register, and upon publication they must be open to public comment for a while, usually at least 30 days.

Ain’t our democratic republic wonderful?  Agencies are required to answer the comments, even stupid comments, even stupid comments from political hacks bent on making political points instead of shining light.

And, Eli has teased out EPA’s responses to the claims that warming on Earth is no problem because there is warming on other planets, so we can blame warming on God or the Sun, and do nothing.

Um, EPA doesn’t think so.  Read it here, at Eli’s burrow.

(I’ll wager Eli is one who knows his burro from a burrow.)

_____________

*  “Disbelievers?”  Still searching for a word to substitute for “denialist” which doesn’t offend the denialists, but doesn’t let them off the hook for being silly, either.


Sage grouse non-listing: USDA offers $16 million to protect the birds

March 17, 2010

Remember the sage grouse? People groused because the U.S. Department of Interior Fish and Wildlife Service determined most populations of western sage grouse are threatened enough to earn listing as an endangered species under the Endangered Species Act — but then refused to list the bird, because other plants and animals are even more threatened, and need attention sooner.  (I was one of those people complaining.)

It’s a new administration.  U.S. Department of Agriculture offered $16 million for projects to protect the bird’s habitat.  This ruling put increased pressure on state wildlife agencies, in an interesting if not unique twist of the issue of federalism, state vs. federal responsibility for wildlife and wild lands.  Wyoming wants $3 million right away, for projects mostly on private land.

In other words, the administration will sometimes find ways to do the right thing without doing the most difficult or controversial thing.  Ranchers and energy developers cheered by original decision are also happy about Ag’s proposed spending.  Environmentalists unhappy with the first ruling shouled be cheered by Ag’s action, too.  State agencies that worked hard to make the case for listing the bird may be cheered, also.

Sage grouse habitat threatened by deveolopment, in Nevada - Las Vega Sun graphic

Sage grouse habitat threatened by deveolopment, in Nevada - Las Vega Sun graphic

Readers of the Las Vegas Sun learned about the program last week — the Sun has covered the sage grouse as part of its coverage of alternative energy programs.  Much sage grouse habitat in Nevada overlaps wind energy and geothermal energy development zones.

Ranchers across the west are being offered millions of dollars in aid from the federal government to make their operations more environmentally sustainable and reduce their impact on the sage grouse the U.S. Department of Agriculture announced today.

“USDA will take bold steps to ensure the enhancement and preservation of sage grouse habitat and the sustainability of working ranches and farms in the western United States,” Agriculture Secretary Tom Vilsack said. “Our targeted approach will seek out projects that offer the highest potential for boosting sage-grouse populations and enhancing habitat quality.”

The Department of Agriculture’s Natural Resources Conservation Service will soon begin accepting applications for two federal programs aimed at reducing threats to the birds such as disease and invasive species and improving sage-grouse habitat. The agency will have up to $16 million at its disposal for the programs.

The Wilderness Habitat Incentive Program provides up to 75 percent cost-share assistance to create and improve fish and wildlife habitat on private and tribal land.

Sage grouse face a difficult future.  State wildlife management agencies face a tough future, too, in trying to save the birds.  The nation needs energy resources found, often, where the sage grouse need lands to meet, mate and raise their young.  It’s a difficult balancing act.

More information: