Tuesday, October 23, 2012

Language Counts- Extreme Enviornmentalists - A Call for Radical Accountability


Language Counts

(Original) 
Extreme Environmentalists, Fracking, Spills, Disasters, and the Freemarket

A Call for Radical Accountability
 -by Jay Burney

Written in March 2012 - Edited Version Published in Artvoice, 03/01/12

Last week, BP went on trial for the damages caused by the Macondo/Deepwater Horizon Well explosion in the Gulf of Mexico that caused 11 direct human deaths and untold damages to the ecology and economic future of the Gulf Coast.

In the years leading up to the Macondo/Deep Water Horizon well explosion in the Gulf of Mexico, arguably the greatest human caused environmental disaster in history, the world was silent on the environment. For almost a decade the media downplayed environmentalism as an extremely obstructionist strategy preventing economic growth. Climate change deniers grabbed the headlines. The devastations of the energy industry were obscured by the American obsession with war and the latest Hollywood sex scandals. Media abandoned its seasoned reporters and went with industry “talking points” to construct storylines that had no critical basis.

Even after the ongoing disaster all but destroyed the ecosystems and human lifestyles of the Gulf, many still refer to the disaster as a “spill”. This was no spill.

This is a huge disaster that was caused by a deceptive industry intent on cutting corners and squeezing the most profit possible out of dangerous operations. Whenever you hear the phrase “Gulf Oil Spill”, you probably downplay the reality and enormity of this planet changing disaster.  This week, BP went on trial for the damages caused by the Macondo blow out that caused 11 direct human deaths and untold damages to the ecology and economic future of the Gulf Coast.

The New York State hydrofracking issue has brought an oil and gas industry sponsored hate campaign replete with a barrage of partisan and divisive language crafting. The phrase engineering is designed to incite passion against those that urge a cautious approach to hydrofracking.

This includes economic arguments that urge us to believe unconditionally that jobs and economic growth are totally dependent upon the industries ability to extract wealth for private gain from among other places, public properties and with public money.  The truth is much further away.

An industry oriented projection analysis of fracking affiliated New York State jobs has been repeated by the New York State DEC as it seeks to justify hydrofracking operations in the state.  DEC consultants,  -a local WNY company with strong ties to the oil and gas industry, Ecology an Environment, wrote in a taxpayer-funded report that an average NYS shale gas development scenario would bring 53,969 jobs.  Food and Water Watch, an activist organization opposed to hydrofracking published an independent analysis last November entitled “New York State Exaggerated Potential Job Creation from Shale Gas Development.”  It states that the Ecology and Environment projections are “deeply flawed”.  It states that “in the first year of an average scenario only 195 new jobs would be created for NYS residents, and that after 10 years only 600 jobs. After the 10th year there would be almost no more new jobs created”.

There are other substantial economic, environmental, and social impacts. These include the probable boom and bust cycle that accompanies most natural resources extraction operations.  Communities should experience extraordinary downsides once the fracking operations cease.  These include significant infrastructure costs including roads and maintenance, damage to fragile and valuable ecological systems, and impacts on human health and well-being.

Principle concerns made by anti-fracking activists point to a consequential lack of science that substantiates that fracking safe.  There is more than enough evidence to suggest that both the process and chemicals injected into the earth permanently contaminates water that all life depends upon. This effects humans, animals, and agriculture and food production. There is significant science that clearly links chemicals used in hydrofracking with human disease including a wide array of cancers.  This business is as serious and as costly as death.

Many of these impacts are considered “externalities” by our traditional way of economic accounting. This means that many of the fracking costs will not be paid for by the industry and instead will be born by individuals and taxpayers. 

One of the principle issues is that many of the chemicals used are proprietary, which means that they are kept secret by the industry. While we know mostly what the chemicals are, by hiding the truth behind specific proprietary disclosures, the industry can disingenuously argue that chemicals found in well water and aquifers cannot be traced to the drilling sources.   In addition, gas and oil extractions are legally exempt from important parts of the federal Resource Conservation and Recovery Act, the Clean Water Act, the Community Right to Know Act, the Clean Air Act, The National Environmental Policy Act, and the Comprehensive Environmental Response, Compensation and Liability Act. This Bush/Cheney era energy legislation enjoyed bipartisan support. Accountability and the ultimate health costs are protected by a complex and costly legal system that ensures that costs will be borne by a wider society, -the taxpayers and individuals affected. These corporate entitlements are outrageous and dangerous.

 As of this writing the USEPA is at least a year away from releasing its science on the safety of hydrofracking.  Early drafts clearly point out that that contaminated well waters and aquifers are directly linked to fracking operations. This brings us to the common sense fact that the “economic impact” of gas extraction may be far from positive. Individuals that have testified against fracking include doctors, ecologists, scientists, economists, oil and gas extraction specialists, and DEC technical staff whom say that they do not have nearly enough resources to safely oversee fracking.

When the federal government states that they are considering requiring gas drilling companies to disclose proprietary formulas used in frack liquids, the question has to be “disclose to whom?” Unless this is fully disclosed to the public there is no possible way that the public will be safe.  Nor can the public make informed decisions about fracking safety. Many, including those inside government claim that the government does not have the resources to oversee the many aspects of fracking. It is not hard to imagine that as the size of our government recedes, the ability of oversight will also diminish.  If the formulas are disclosed to the public, we certainly will find a way to scrutinize, analyze and ultimately make informed and transparent choices about the activities, processes and impacts of this very dangerous industry and its economic, environmental and social consequences.

Environmental activists of all stripes have been and continue to be targets of the campaign to disarm citizen knowledge. This assault is led by industry apologists and death merchants, many of which stand to make huge profits if we the people allow fracking.

Industry apologists continue to target citizen awareness.

In early December Fred Dicker, the longtime state editor of the NY Post went off on “extreme environmentalists on a Fox TV broadcast suggesting that those that oppose fracking are radicals, use hyperbole, are extremists and uninformed.  Local news accounts from our “legacy” TV and print outlets carry that same message.  More often than not the media carries uncritical accounts of hydrofracking issues from the point of view of the businesses that have the money to spend underwriting the local “news” operations. I am sure that most of you think that hydrofracking in NYS is good for our economy and will provide lots of jobs.

The propaganda greased by the big companies goes all the way to the Governors office, and beyond.  Some of the justifications go beyond the pale.

Recently, Republican presidential candidate Rick (google it) Santorum, whom seems to believe that his radical brand of fundamental Christianity should guide our political/economic/social destiny, suggested that God made planet earth in order to allow humans to exploit its natural resources. He said that “radical environmentalists believe that man should protect the earth”.  He said, “That is a phony ideal, we are not here to protect the earth”, and that “the objective is man, not environment”.  How does one even begin to address this exasperating disconnect?  Without a healthy earth, a healthy planet, there is no “man”. If we poison the planet with phony idealism such as Santorums, humans disappear. It’s that simple.  This election may very well be about the ability of humans to survive.

Activists that are willing to go against the grain and stand up for ecological integrity, clean water and air, and fight with their words and actions against a monstrous corporate financial and propaganda machine should be considered heros and patriots. Instead some of the mainstream media parrots the industry talking points and portrays activists in as mislead, selfish, obstructionists, socialists, or worse eco-terrorists. That last label puts individuals and organizations that oppose fracking and are willing to say so on a list of potential criminals and the consequences are becoming increasingly dire.

Just because someone is so green that the trees hug them doesn’t or shouldn’t mean that they are extremists. Why aren’t the profiteers and their spokespuppets that use disinformation, incomplete half-truths and quick decision-making that masques economic, environmental, and social truths considered the extremists? Who are the criminals here?

Set Out

A Call for Radical Accountability

The first order of business is to ban fracking.

Beyond that we should make the industry be totally accountable by

-Revisiting the federal exemptions from environmental and community protections.

-Make the industry pay for independent analysis.

It is time that we adopt a newly emerged from the “Occupy Movement concept”- "Radical Accountability".

Lets take the promises of jobs and safety from of the industry and codify them, with financial incentives. For instance, if the state is not going to wait for the science, do the health analysis, or conduct full economic evaluations, make the profiteers accountable by demanding that corporate entitlements be incentivized by:

-A public accountability panel with each appointee and no members or their families linked to industry hydrofracking profits. The independent panel must be funded by the private sector and will include a privately financed fund to independently evaluate health and economic impacts of hydrofracking in NYS.

-Full public disclosure of chemicals used, to include tracers on the chemicals and substances used at each site, so that when they appear in water, they can be sourced.

-Adequate private financed bonding (A minimum $50 million bond for each well) for potential public damages.  Let the industry bear the costs, not society. Let the freemarket decide! Make the externalities internal transparent costs.

-Publically disclosed job guarantees linked to every individual well and the aggregate that includes penalties for nonperformance, and under performance. Negotiate job creation contracts in public, and be financially incentivized and accountable if they turn out not to be true.

Without these actions, the public takes all the risks, there is no free market and the corporate entitlements will continue to eviscerate the 99%.  

Without these actions we cannot find a way to protect our environment, and not to put too fine a point on it, but without ecosystems there is no economy.

Thursday, October 18, 2012

Buffalo’s New Green Code -Complete Streets and a Future that Works!

Buffalo’s New Green Code -Complete Streets and a Future that Works!
By Jay Burney

This article appeared in the Sunday Buffalo News as a ViewPoints cover under the title: 
" Buffalo's complete Streets strategy aims to make city more livable" September 27, 2012






If you ride a bike or drive a car in the streets of Buffalo you know that there are safety issues involving the conflicts between pedestrians, bicyclists, and motor vehicles.
All of that is beginning to change. You may have noticed in your own neighborhoods that there is a lot of street construction going on.

After years of criticism focused on the complexity of maneuvering through the patchwork of zoning rules and regulation, the City is addressing its coding and zoning systems. Soon we will have a new place-based land use and zoning tool that supports livable neighborhoods. This includes streets redesigns. This promises to bring a better quality of life for residents, businesses, and visitors.

The new tool is called the Buffalo Green Code. It is a land use plan and a Unified Development Ordinance (UDO) that is described as “combining zoning, subdivision, and public realm standards into a single document”.  In an interview with the Buffalo News, Buffalo Mayor Byron Brown told us that “the Green Code is designed to help transform Buffalo into a economically competitive city by making our neighborhoods and districts more livable. This will benefit all of our citizens.”

Brendan Mehaffy, the director of the City of Buffalos Office of Strategic Planning has spearheaded the effort. “People are going to be seeing the results. We have been working hard, meeting with residents, businesses, and others to make sure that we are all working in the same direction. We will have several more community work group meetings before we get to a final draft to send before the Common Council by the end of this year”.

One of the most critical parts of the new UDO is a concept called “Complete Streets”.
Complete streets are right-of-ways designed to safely accommodate multiple forms of transportation, which in turn makes our neighborhoods more walkable and livable. This improves our quality of life.   As streets are redeveloped they adopt design and construction standards that meet new environmental needs and provide safe transportation lanes for all users including automotive, bicyclists, and pedestrians. Environmental standards include reducing street runoff into the sewer system and appropriate tree plantings.

Justin Booth, the founder of Go Bike Buffalo and the Buffalo Complete Streets Coalition which was funded in part by the Community Foundation for Greater Buffalo, has been working with policy makers, private entities, and civic leaders to create complete streets infrastructure in the city and region.  Last summer he brought together a complete streets “summit” in Buffalo that attracted speakers and participants from across the United States. He has traveled with local policy makers to complete streets conferences around the county. His work has made a big difference.





Booth told us that “Complete Streets are economic tools that can revitalize communities.  “They are streets for everyone, not just cars – they promote healthier and greener forms of transportation and make it easier to drive less, which in turn leads to stronger communities.”

Pat Whalen, COO of the rapidly developing Buffalo Niagara Medical Campus, also sees the many benefits that complete streets have for communities and the public and private sectors.  Earlier this year, the BNMC created a Transportation Management Association (TMA) comprised of BNMC member institutions, state transportation agencies and local advocacy groups, with the goal being to work together to help advance a more sustainable transportation system for the city and the Campus.

“We strongly support the development of a multimodal transportation system within the region that allows employees the option to get to work in many ways – train, bus, biking, walking, as well as driving.  Encouraging alternative modes of transportation reduces costs for employees and employers, is more environmentally friendly, and encourages economic spinoff in surrounding neighborhoods.  Complete Streets are vital to our overall goal of creating a distinct, innovative, healthy community.”
This is all good news for Buffalo.





 Changing View of Streets
Mayor Brown is demonstrating a big time shift in the attitudes of government leaders and policy makers by investing in the Buffalo Green Code and Complete Streets strategies.

“It is our intention to continue to make Buffalo more livable for everyone on a 24/7 basis. We are and will remain a live, work, and play community. ”  “By doing this, we will attract more business and more people will want to live here,” said the Mayor. 

He adds emphatically, “When people talk about great American cities, we want to be on that table.  We think that these strategies will bring us there.”

Buffalo Department of Public Works Commissioner Steven J. Stepniak has led an effort to implement complete streets on streets that have been repaved or rebuilt during the past several months. There has been tremendous activity across the city as portions of Niagara Street, Main, McKinley, South Park, Clinton, Ellicott, Washington, Elmwood, and Linwood are being reworked and improved. “By December 31 of this year,” Commissioner Stepniak told us “the city will have created 22 miles of bicycle lanes since 2006, with 11 done just this year. It is our intention to do 10 additional miles each year.”

Pedestrians, bicycles, and cars together?
Bike and pedestrian safety issues have to be of paramount concern to everyone.  As we build out complete streets, motorized versus pedestrian and bicycle conflicts will continue to be a part of the story.  We can avoid the sometimes tragic consequences of sharing roadways if we understand and respect the legal obligations and personal responsibilities associated with using the roadways. Often, common sense will make a huge safety difference.

Safety, the Law, and Common Sense
NYS Laws excerpted here do not represent legal advice or judicial determinations. They are here for informational purposes only.

-In New York State, bicycle drivers and motorized vehicle operators have basically the same rights to most urban roadways and share the same responsibilities. Generally, a bicycle has every right to be in a traffic lane as motor vehicles. By law, bicyclists are required to be in the road. It is illegal for an adult to ride a bicycle on the sidewalk. Bicycle lanes should be respected by all.

-Bicyclists are required to ride with traffic instead of against. They are required to follow and obey signs, signals, pavement markings, and to make turn signals, just as automobiles do.

-Operators of motor vehicles overtaking a bicycle from behind are required to “pass to the left of such bicycle at a safe distance until safely clear thereof.”

-No bicycle passengers under one year old are allowed, and no passengers at all unless the bicycle is properly and legally equipped. 

-Articles carried must be properly fastened and not obstruct the view of the bicycle operator.

-All bicycles in use between ½ hour after sunset to one half hour before sunrise need to be quipped with special lamps and specific reflective materials.

-Bicycle operators under the age of 14 are required to wear protective headgear.

-Pedestrians have important rights and rights of way.  They have right of way at crosswalks with no signals, they have right of way always before a car can make a right or left hand turn. If their activity is not lawful, common sense says, yield to pedestrians.



Pulling Together for a Future that Works
Skeptics say that traditionally, the framework of getting things done in Buffalo has been complicated by the maze of agencies, departments, and governments involved.  It has often been demonstrated that sometimes the right hand doesn’t know what the left hand is doing. This has resulted in duplicated services and lost opportunities.

Now, the city working with county, state and federal agencies, and groups like the Complete Streets Coalition and the BNMC’s TMA seem to be changing this, The Green Code is becoming a blueprint for how we can all work together.

Justin Booth told us “Cooperation at all levels of government is always a communications issue. Thankfully we now have agencies at the federal, state, county and city level, and in the private sector, that are investing in Complete Streets.   It seems like more an more we are on the same page.”  Mayor Brown agrees. “Collaboration is better today than ever” he told us.

As our new street infrastructure rolls out is a god time for the citizens and residents of Buffalo to find ways to use and understand these new designs. Users of the streets need to find ways to respect and cooperate with each other if these things are to work. Safety and a sustainable future depend on all of us. Lets both enjoy our new opportunities and continue to engage with the city in the development of the Green Code.