Ronald Banks: Keep EPA’s regulation

August 26, 2011

In a letter to the editor of the Leavenworth (Kansas) Times, July 11, 2011, Ronald Banks makes the case simply, succintly and quite accurately, for keeping regulatory agencies that protect our health and the environment:

Ronald Banks
Leavenworth

To the editor:

As an independent, I often find my political opinions “between a rock and a hard place.”

A big concern is cutting or defunding programs or agencies to save money. I can’t say much about SEC, FDA, or any other alphabet agency, except the EPA. As a retired Registered Environmental Manager, I have some experience dealing with those pesky, business-busting regulations.

I would like to persuade the spending hawks to reflect on why the regulations were enacted in the first place. Pesticides were abused and found in our water, air and accumulated in our food as described in the seminal 1962 book, “Silent Spring” by Rachel Carson.  Hazardous waste dumps were uncovered at Love Canal.

A dump site was also found in Leavenworth.  Water contamination as shown in the movie, “Erin Brokovich,” from PG&E plants in California; not to mention BP’s oil spill.  E. coli bacterial contamination in hamburger, produce and water, lead in paint, smog/particulate smoke in the air, acid rain, constant oil/gas/ diesel spills on land and sea, have been caused by ironical business cost-cutting on environmental compliance.

Just today I learned Massey Energy compromised safety in its coal mine accident that killed 29 workers.

Don’t get me wrong, I know environmental up-keep is expensive; but it is a public good that must be placed in the fixed costs of a business.

It is not that this information is not known to be true, most would agree they want safe water, air and food. Maybe a reason is in our own psychology? I have recently learned in the latest “Scientific American Mind” that a study by psychologist Ullrich Ecker showed that “our memory is constantly connecting new facts to old and tying different aspects of a situation together, so that we may still unconsciously draw on facts we know to be wrong to make decisions later,” (p12).

In a more political way we also like to see the other party hurt, it feels so good that the feeling unifies a party, even if it hurts us all. As long as the EPA is cut and you are passionate for the cuts factual consequences of the cuts and the emotional consolidation of cheer-leading, may overshadow the good of not cutting.  Remember, cuts at the top filter down to our state, county and city; our water, air and food.

Face it. If there isn’t someone guarding the environment, we won’t have a safe and clean environment.

So, what I have said above will be a “hard sell” no matter how good my argument. Let’s not jeopardize the nation’s health for lobbied cost-cutting budgetary reasons.

Copyright 2011 Leavenworth Times. Some rights reserved

Do you agree?


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:


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:


Green Hell? Milloy slanders Ruckelshaus as “mass murderer”

March 10, 2011

This week, EPA bashing took front and center on the performance stage that passes as Congress these days.  There is a school of thought that thinks EPA should be eviscerated because EPA is carrying out the mandate an earlier Congress gave it, to clean up the air.  Especially, the recent assailants claim, EPA should not try to reduce carbon emissions, because clean air might cost something.

Steven Milloy, making stuff up and passing it as fact

Steven Milloy, who makes crude and false claims against William Ruckelshaus, a great lawyer and the hero of the Saturday Night Massacre. Why does Milloy carry such a pathetic grudge?

Wholly apart from the merits, or great lack of merits to those arguments, the anti-EPA crowd is just ugly.

78-year-old William Ruckelshaus, the Hero of the Saturday Night Massacre, a distinguished lawyer and businessman, and the founding Director of EPA who was called back to clean it up after the Reagan administration scandals, granted an interview on EPA bashing to Remapping Debate, an ambitious, independent blog from the Columbia School of Journalism designed to provide information essential to policy debates that too-often gets overlooked or buried.  [Remapping Debate sent a note that they are not affiliated with CSJ; my apologies for the error.]

Ruckelshaus, as always, gave gentlemanly answers to questions about playing politics with science, and bashing good, honest and diligent government workers as a method of political discourse.

Steven Milloy, one of the great carbuncles on the face of climate debate or any science issue, assaulted Ruckelshaus at Milloy’s angry, bitter blog, Green Hell.  Milloy calls Ruckelshaus “a mass-murderer,” a clear invitation for someone to attack the man. Milloy wrote, cravenly:

He’s the 20th century’s only mass murderer to survive and thrive (as a venture capitalist) in the 21st century.

Milloy owes Ruckelshaus an apology and a complete retraction.  I rather hope Ruckelshaus sues — while Milloy will claim the standards under New York Times vs. Sullivan as a defense, because Ruckelshaus is a public figure, I think the only question a jury would have to deal with is how much malice aforethought Milloy exhibits.  Malice is obvious.  Heck, there might not even be a question for a jury — Milloy loses on the law (nothing he claims against Ruckelshaus is accurate or true in any way).

This is much more damning than what got two NPR officials to lose their jobs.

Who will stand up for justice here?  Rep. Upton?  Rep. Boehner?  Anthony Watts?

I tried to offer a correction, and since then have written Milloy demanding an apology and retraction — neither comment has surfaced yet on Milloy’s blog.  Here’s the truth Milloy hasn’t printed:

No, Sweeney did not rule that DDT is not a threat to the environment. He said quite the opposite. Sweeney wrote, in his ruling:

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.

On that basis, two federal courts ruled that DDT must be taken off the market completely. Sweeney agreed with the findings of the courts precisely, but he determined that the law did not give him the power to order DDT off the market since the newly-proposed labels of the DDT manufacturers restricted use to emergency health-related tasks. With the benefit of rereading the two federal courts’ decisions, Ruckelshaus noted that the courts said the power was already in the old law, and definitely in the new law. [See, for example, EDF v. Ruckelshaus, 439 F. 2d 584 (1971)]

DDT was banned from use on crops in the U.S. as an ecosystem killer. It still is an ecosystem killer, and it still deserves to be banned.

Ruckelshaus’s order never traveled outside the U.S. DDT has never been banned in most nations of the world, and even though DDT has earned a place on the list of Dirty Dozen most dangerous pollutants, even under the Persistent Organic Pollutants Treaty of 2001, DDT is available for use to any country who wishes to use it.

Please get your facts straight.

Would you, Dear Reader,  help spread the word on Facebook, Reddit, Twitter, or any other service you have, that the Brown Lobby has gone too far in it’s error-based propaganda against clean air and those who urge a better environment?  Please?


Debunking Junk Science’s hoax “100 Things You Should Know About DDT”: #14, William Ruckelshaus’s bias

February 17, 2011

Another in a continuing series, showing the errors in JunkScience.com’s list of “100 things you should know about DDT.” (No, these are not in order.) In the summer of 2009, the denialists have trotted this error out again.

At the astonishingly truthfully-named site “Junk Science,” Steven Milloy creates a series of hoaxes with a page titled “100 things you should know about DDT.”  It is loaded with hoaxes about DDT, urging its use, and about Rachel Carson, and about EPA and the federal regulation of DDT, and about malaria and DDT’s role in the ambitious but ill-fated campaign to eradicate malaria operated by the World Health Organization (WHO) from 1955, officially until 1969.  Milloy knows junk science, and he dishes it out with large ladles.

Among what must be 100 errors, Milloy makes this claim, I suppose to suggest that William Ruckelshaus was biased when Rickelshaus headed the Environmental Protection Agency:

14.  William Ruckelshaus, the administrator of the U.S. Environmental Protection Agency who made the ultimate decision to ban DDT in 1972, was a member of the Environmental Defense Fund. Ruckelshaus solicited donations for EDF on his personal stationery that read “EDF’s scientists blew the whistle on DDT by showing it to be a cancer hazard, and three years later, when the dust had cleared, EDF had won.”

This is a false statement on Milloy’s site.  After finding no credible source for the claim that Ruckelshaus was ever affiliated with EDF in any way, I contacted Ruckelshaus’s office, and got confirmation that Ruckelshaus was not and never has been affiliated with EDF.  It should be a clue that this claim appears only at sites who impugn Ruckelshaus for his action in banning DDT use in U.S. agriculture.

 

Junk Science's oddly apt logo and slogan

Hiding the truth in plain view: Junk Science is a site that promotes junk science, an unintended flash of honesty at a site that otherwise promotes hoaxes about science. Note the slogan. Does this site cover its hoaxes by stating plainly that it promotes “all the junk science that’s fit to debunk?”

It is also highly unlikely that he ever wrote a fund-raising letter for the group, certainly not while he was a public official.  The implicit claim of Junk Science.com, that William Ruckelshaus was not a fair referee in the DDT case, is a false claim.

I asked Milloy to correct errors at his site, and he has steadfastly refused.

Here is what Milloy’s point #14 would say, with the falsehoods removed:

14.  William Ruckelshaus [was] the administrator of the U.S. Environmental Protection Agency who made the ultimate decision to ban DDT in 1972[.], was a member of the Environmental Defense Fund. Ruckelshaus solicited donations for EDF on his personal stationery that read “EDF’s scientists blew the whistle on DDT by showing it to be a cancer hazard, and three years later, when the dust had cleared, EDF had won.”

Below the fold:  William D. Ruckelshaus’s “official” biography, if you call him today, February 17, 2011.  You should note, there is no mention of any work with EDF.

Read the rest of this entry »


Was your home built before 1978? Information on lead poisoning and abatement

January 23, 2011

EPA intro to lead pollution siteIt’s an ad campaign from the Ad Council.  This blog does not take ads — so we have to list the ad as  regular post.

It’s a public service ad, of course, and this one is important, relating to lead pollution.


EPA at 40: Director Jackson claims too much?

December 18, 2010

EPA turned 40 on December 2.* EPA Director Lisa Jackson somehow wangled a few inches from the Wall Street Journal’s opinion page to extol the virtues of the agency.

She’s come under fire from some quarters, including especially the Home for Unwed Crabs,  for overstating the case.  Did she?

EPA Director Lisa P. Jackson

EPA Director Lisa P. Jackson

Or is this one more case of using environmentalists as scapegoats by the hard right, and other know-nothings and know-not-enoughs?

Jackson’s piece makes mild defense of a great idea in government, I think.  To me, the critics appear hysterical in comparison.

In tracking this down, I discovered that Matt Ridley had been given some really bum information about Rachel Carson, DDT and malaria, which appears in his new book, The Rational Optimist. To his credit, Ridley made a quick correction of the grossest distortions.  He defends the premises, still, however, which I find troubling. There may be subject for a later comment.

Disinformation is insidious.  Claims against the accuracy and reputation of Rachel Carson follow the stories of Millard Fillmore’s bathtub, but with darker, malignant intent.

Seriously:  What does Lisa Jackson overstate here?

The EPA Turns 40

‘Job-killing’ environmental standards help employ more than 1.5 million people.

Forty years ago today, the U.S. Environmental Protection Agency opened its doors, beginning a history of improvements to our health and environment. We reach this milestone exactly one month after the midterm elections strengthened the influence of groups and individuals who threaten to roll back the EPA’s efforts.

Last month’s elections were not a vote for dirtier air or more pollution in our water. No one was sent to Congress with a mandate to increase health threats to our children or return us to the era before the EPA’s existence when, for example, nearly every meal in America contained elements of pesticides linked to nerve damage, cancer and sometimes death. In Los Angeles, smog-thick air was a daily fact of life, while in New York 21,000 tons of toxic waste awaited discovery beneath the small community of Love Canal. Six months before the EPA’s creation, flames erupted from pollution coating the surface of Cleveland’s Cuyahoga River, nearly reaching high enough to destroy two rail bridges.

These are issues that are above politics. The last 40 years have seen hard-won advances supported by both sides of the aisle, and today the EPA plays an essential role in our everyday lives. When you turn on the shower or make a cup of coffee, the water you use is protected from industrial pollution and untreated sewage. In fact, drinking water in Cleveland was recently shown to be cleaner than a premium brand of bottled water. You can drive your car or catch a bus without breathing dangerous lead pollution. At lunch, would you prefer your food with more, or less, protection from pesticides?

The most common arguments against these protections are economic, especially as we continue to recover from the worst downturn since the Great Depression. Fortunately, the last 40 years show no evidence that environmental protection hinders economic growth. Neither the recent crisis nor any other period of economic turmoil was caused by environmental protection. In fact, a clean environment strengthens our economy.

Special interests have spent millions of dollars making the case that we must choose the economy or the environment, attacking everything from removing lead in gasoline to cleaning up acid rain. They have consistently exaggerated the cost and scope of EPA actions, and in 40 years their predictions have not come true.

We have seen GDP grow by 207% since 1970, and America remains the proud home of storied companies that continue to create opportunities. Instead of cutting productivity, we’ve cut pollution while the number of American cars, buildings and power plants has increased. Alleged “job-killing” regulations have, according to the Commerce Department, sparked a homegrown environmental protection industry that employs more than 1.5 million Americans.

Even in these challenging times, the EPA has been part of the solution, using Recovery Act investments in water infrastructure, clean-diesel innovation and other projects to create jobs and prepare communities for more growth in the years ahead.

The EPA’s efforts thrive on American ingenuity and entrepreneurship. Holding polluters accountable sparks innovations like the Engelhard Corporation’s catalytic converter, which pioneered the reduction of toxic emissions from internal combustion engines, and DuPont’s replacements for chlorofluorocarbons (CFCs), which protected the ozone layer while turning a profit for the company. One executive told me that the EPA’s recent standards for greenhouse gas emissions from cars will help create hundreds of jobs in a state where his company operates—a state whose U.S. senators have both opposed the EPA’s authority to regulate greenhouse gases.

These attacks are aimed at the EPA, but their impacts are felt by all Americans. Pollutants like mercury, smog and soot are neurotoxins and killers that cause developmental problems and asthma in kids, and heart attacks in adults. We will not strengthen our economy by exposing our communities and our workers to more pollution.

In these politically charged times, we urge Congress and the American people to focus on results from common-sense policies, not inaccurate doomsday speculations. That is how we can confront our nation’s economic and environmental challenges and lay a foundation for the next 40 years and beyond.

Ms. Jackson is administrator of the Environmental Protection Agency.

* [Oops. Same birthday as Donna. Happy birthday, Donna! Happy EPA’s 40th (yours, too? can’t be much more, can it?)]


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.


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.


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

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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:

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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:

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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

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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.


EPA’s Earth Month Tip of the Day, April 13

April 13, 2010

One day doesn’t cut it anymore — there’s enough fouling of our planet to require an entire month of concern.  Some say that’s not enough.

Here’s EPA’s Tip of the Day for today, April 13, with information on how you can listen to EPA podcasts and subscribe to the Tip of the Day feature:

Tread lightly! Use public transportation, carpool, walk, or bike whenever possible to reduce air pollution and save on fuel costs. Leaving your car at home just two days a week will reduce greenhouse gas emissions by an average of 1,600 pounds per year. If you can work from home, you’ll reduce air pollution and traffic congestion – and save money.
Play the podcast (MP3, 788KB, runtime 0:47) | Reduce your carbon footprint.

Want more tips? Visit EPA’s Earth Day site to learn more about Earth Day, the US Environmental Protection Agency, and what you can do to help protect human health and the environment.  http://www.epa.gov/earthday/tips2.htm


Obama’s EPA looks out for pets, on pesticides

March 17, 2010

Environmental Protection Agency (EPA) — Obama’s EPA, we can say, now — announced today it will review pet flea and tick products, to prevent abuse and errors of use.

The flea and tick lobby will be upset, of course.  Will the rabid Nobamistas join them?  I expect someone will complain that this is creeping socialism, unless they say it’s running communism.

Before they get too far down that road, let’s note that pet ownership, and pet protection, were not exactly a high priority of the Soviet Union, nor are they great concerns of the Peoples Republic of China, nor of the Peoples Republic of Korea, nor Cuba, nor Vietnam.  On the political continuum, protecting pets from pesticide abuse is about as bourgeois as it gets, rather the opposite of socialism.

How badly do the  heathen want to yowl?  Watch that space.

Full press release below the fold.

Read the rest of this entry »