One of our board members debated an apologist for the Commission on Presidential Debates on Canada’s most popular radio show (2.5 million listeners). (The debate starts at 3:29 in the audio linked below.)
Three Sponsors Dump the Presidential Debates While Citizen Groups Call for Disclosure of Agreement
October 1, 2012
Reclaim Democracy is among 18 groups that called on the Commission on Presidential Debates (CPD) to release the secret debate contract negotiated between the Republican and Democratic presidential candidates.
Spearheaded by Open Debates, the call also is endorsed by Common Cause, Judicial Watch, FairVote, Demos, League of Rural Voters, Rock the Vote and others.
In a press release, Open Debates reported: “Robert F. Bauer of the Obama campaign and Benjamin L. Ginsberg of the Romney campaign negotiated a detailed contract that dictates many of the terms of the 2012 presidential debates, including how the format will be structured. The Commission on Presidential Debates, a private corporation created by and for the Republican and Democratic parties, agreed to implement the debate contract. In order to shield the major party candidates from criticism, the Commission on Presidential Debates is concealing the contract from the public and the press.”
The contract still may be under negotiation.
Philips Electronics recently became the third entity to drop sponsorship of the debates in the face of criticism for its deliberate exclusion of all but Democratic and Republican candidates and its ongoing neglect of critical issues — especially those on which the
two dominant parties are united (at least in their disinterest to address the topic).
The YWCA and BBH New York (an ad firm) also recently dropped their sponsorship, meaning the CPD has lost 30% of its sponsors before the first debate. The remaining sponsors are Anheuser-Busch Companies, The Howard G. Buffet Foundation, Sheldon S. Cohen, Esq., Crowell & Moring LLP, International Bottled Water Association (IBWA), The Kovler Fund, and Southwest Airlines.
Mark A. Stephenson, the head of corporate communications at Philips North America, said, “We respect all points of view and, as a result, want to ensure that Philips doesn’t provide even the slightest appearance of supporting partisan politics. As such, no company funds have been or will be used to support the Commission on Presidential Debates.”
The news was applauded by advocates of independent, non-partisan debates and by former New Mexico Governor, Gary Johnson, the Libertarian candidate for President. Johnson, the highest polling “third party” candidate thus far in 2012, recently sued the CPD for what his campaign calls illegal election activity.
Green Party presidential candidate Jill Stein also appears on enough state ballots to win the electoral college votes necessary to win the election, but the CPD creates qualification criteria that has excluded all third party or independent candidates from the debates since 1996.
This year, the CPD provided candidates a list of debate topics ahead of time — an unprecedented step that ensures even less opportunity for voters to see candidates thinking and responding, as opposed to recalling and reciting.
Voters of every ideology lose when our choices are dictated by the two dominant parties. Reclaim Democracy has long called for ousting the bi-partisan CPD in favor of a non-partisan and independent Citizens Debate Commission. For a more detailed account of the problems with the CPD and the need for democratic debates, see our past commentaries, such as Replace Bi-partisan Shows With Real Debates or visit the Open Debates website.
Update, October 1
Please help persuade more sponsors to withdraw their support of the CPD. Contact one or more of following companies and foundations and express your desire for them to withdraw sponsorship.
Crowell & Moring LLP
The Chairman is Kent A. Gardiner: kgardiner@crowell.com
Anheuser-Busch, Inc., St. Louis, MO
800-342-5283
E-mail Contact Form: http://contactus.anheuser-
Southwest Airlines, Dallas, TX
Contact form: https://www.southwest.com/
The Howard G. Buffet Foundation, Omaha, NE
Contact form: http://thehowardgbuffettfoundation.org/media/media-relations
Since the Buffet Foundation says its primary mission is to improve the standard of living and quality of life for the world’s most impoverished and marginalized populations, you might ask them to consider this chart.
Sheldon S. Cohen, Esq. at the firm of Farr, Miller & Washington, Washington, DC
800-390-3277 or 202-530-5600. Fax: 202-530-5508
Email: sscohen@farrmiller.com
International Bottled Water Association, Alexandria, VA
703-683-5213, Fax 703-683-4074
Email: ibwainfo@bottledwater.org
The Kovler Fund aka Marjorie Kovler Research Fellowship, Boston, MA
617-514-1624, Fax: 617-514-1625
Email: kennedy.library@nara.gov
Go to overview of the presidential debates and the need for reform.
NY Times’ National Editor Says It’s Not His Job to Distinguish Truth from Fiction
No doubt there are many days when editors, even at the largest news outlets, have too many articles to read thoroughly and let a mistake slip through. Perhaps even a serious mistake like that made last Monday in the New York Times.
Only this was on the front page. And instead of correcting obviously bad reporting, the Times’ national news editor doubled down and claimed he has no responsibility to distinguish fact from fiction.
Here’s the scenario. National reporter Ethan Bronner wrote “A Tight Election May Be Tangled in Legal Battles,” (free sub. required) a story reporting on allegations of voter fraud and disenfranchisement. Well, reporting may be an overstatement. In classic “he said, she said” style, Bronner noted that some groups are concerned about voter fraud while others are concerned about voters being unable to vote due to restrictive new ID requirements. No attempt was made to weigh the relative credibility of the claims he portrayed.
Of course, it’s been well-documented that in-person voter fraud has been nearly non-existent in the U.S., while mail-in fraud, among others, is more common.
It also is well-documented that several new state Voter ID laws will render millions of Americans unable to vote without spending time and money (even if there is no fee for the actual ID), in many cases, lots of time and money to obtain “official” voter ID. Inarguably, the only kind of voter fraud could prevent is in-person fraud.
Of course, more than a few people complained to the Times, prompting their Public Editor, Margaret Sullivan, to run a follow-up column online, He Said, She Said, and the Truth. Most readers probably expected a “sorry, we’ll do better next time” mea culpa. Instead, the national editor, Sam Sifton, rejected the argument and defended his role as a stenographer.
“There’s a lot of reasonable disagreement on both sides,” he said. One side says there’s not significant voter fraud; the other side says there’s not significant voter suppression.
“It’s not our job to litigate it in the paper,” Mr. Sifton said. “We need to state what each side says.”
The Times response to a national editor declaring himself unwilling to do his job will be telling.
Update: hundred of readers have excoriated Mr. Sifton and Ms. Sullivan in the comments section of the public editor’s column. Ms. Sullivan’s contact information is included with her column.
U.S. Conference of Mayors Takes Stand Against Corporate Personhood
Passed at June, 2012 U.S. Conference of Mayors in Orlando
Resolution introduced by Portland Mayor Sam Adams
Establish As A Position Of The United States Conference Of Mayors That Corporations Should Not Receive The Same Legal Rights As Natural Persons Do, That Money Is Not Speech And That Independent Expenditures Should Be Regulated
WHEREAS, the United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings also known as “natural persons”; and
WHEREAS, corporations can and do make important contributions to our society, but the United States Conference of Mayors does not consider them natural persons; and
WHEREAS, the right to free speech is a fundamental freedom and unalienable right and free and fair elections are essential to democracy and effective self-governance; and
WHEREAS, United States Supreme Court Justice Hugo Black in a 1938 opinion stated, “I do not believe the word ‘person’ in the Fourteenth Amendment includes corporations”; and
WHEREAS, the United States Supreme Court held in Buckley v. Valeo (1976) that the appearance of corruption justified limits on contribution to candidates, but rejected other fundamental interests that the United States Conference of Mayors finds compelling such as creating a level playing field and ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard; and
WHEREAS, the United States Supreme Court in Buckley overturned limits on independent expenditures because it found that the corruption or perception of corruption rationale was only applicable to direct contributions to candidates; and,
WHEREAS, United States Supreme Court Justice John Paul Stevens observed in Nixon v. Shrink Missouri Government PAC (2000) that “money is property, it is not speech,”; and
WHEREAS, the United States Supreme Court recognized in Austin v. Michigan Chamber of Commerce (1990) the threat to a republican form of government posed by “the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporations political ideas” and upheld limits on independent expenditures by corporations; and
WHEREAS, the United States Supreme Court in Citizens United v. The Federal Election Commission (2010) reversed the decision in Austin, allowing unlimited corporate spending to influence elections, candidate selection, policy decisions and sway votes; and
WHEREAS, prior to Citizens United decision unlimited independent campaign expenditures could be made by individuals and associations, though such committees operated under federal contribution limits; and,
WHEREAS, given that the Citizens United decision “rejected the argument that political speech of corporations or other associations should be treated differently” because the First Amendment “generally prohibits the suppression of political speech based on the speaker’s identity,” there is a need to broaden the corruption rationale for campaign finance reform to facilitate regulation of independent expenditures regardless of the source of the money for this spending, for or against a candidate; and
WHEREAS, a February 2010 Washington Post-ABC News poll found that 80 percent of Americans oppose the U.S. Supreme Court Citizens United ruling; and,
WHEREAS, the opinion of the four dissenting justices in Citizens United noted that corporations have special advantages not enjoyed by natural persons, such as limited liability, perpetual life, and favorable treatment of the accumulation and distribution of assets; and
WHEREAS, corporations are legally required to put profits for shareholders ahead of concerns for the greatest good of society while individual shareholders as natural persons balance their narrow self-interest and broader public interest when making political decisions; and
WHEREAS, addressing both the Citizens United decision, and corporate personhood is necessary; and
WHEREAS, the City Councils of Missoula, Montana; Boulder, Colorado; and Madison, Wisconsin have referred the issue of corporate personhood to their communities for advisory vote.
NOW, THEREFORE, BE IT RESOLVED that it is the position of the United States Conference of Mayors that corporations should not receive the same legal rights as individual human beings (also known as “natural persons”) do; and
BE IT FURTHER RESOLVED that the United States Conference of Mayors also determines that the most urgent action needed is to reverse the impacts of United States Supreme Court Citizens United (2010) decision and the door it opens for unlimited independent campaign expenditures by corporations that contributes to the undermining impacts that “corporate personhood” has on free and fair elections and effective self-governance; and
BE IT FURTHER RESOLVED that the United States Conference of Mayors calls on other communities and jurisdictions and organizations like National League of Cities to join with us in this action by passing similar Resolutions.
More on Corporate Personhood
More on Citizens United
Kicking the Coal Habit
By Ted Williams
First Published by Audubon Magazine, May-June 2012
Editor’s note: For an overview and directory of resources on the current battle in Montana and the Northwest, see here.
What is the future of coal-fired power? Is it a “dead man walking,” as defined by Kevin Parker, Deutsche Bank’s global head of asset management, who notes that banks won’t finance it, insurance companies won’t insure it, and the EPA is after it? Or is it an economic elixir that will rouse comatose Americans from the canvas like Rocky Balboa and “together . . . power the next great comeback [with] clean coal,” as depicted in the TV ads of the American Coalition for Clean Coal Electricity?
Probably neither.
One of the strongest voices for coal-industry reform is Ann Weeks, litigation counsel for the Clean Air Task Force, a non-profit focused on protecting air and climate. She offers this: “The problem with wind and solar is that they’re intermittent—the wind doesn’t blow all the time, and the sun doesn’t shine all the time. You have to store the extra, and we don’t have that technology. I think we have to resign ourselves to finding a solution that cleans up coal.”
But we already have that in “clean coal,” right?
Not hardly. “Clean coal” is a term concocted for the industry by R&R Partners, the ad agency that, by hatching the equally brazen untruth “What happens here stays here,” helped Sin City seduce gullible tourists into gambling away their money and marriages. The Ohio Valley Environmental Coalition’s Vivian Stockman provides “clean coal’s” best definition: “the mother of all oxymorons.”
Among the costs of mining, processing, and burning coal are mountains, prairies, rivers, lakes, fish, wildlife, livestock, people, and climate. And while pollution-control technology captures some of the poisons and carcinogens that mix with air and water, calling treated coal waste “clean” is the equivalent of settling out solids from municipal sewage, piping what’s left into public reservoirs, and labeling it “sanitized effluent.”
America is moving away from coal. Three years ago plans were underway for at least 150 new coal plants, but not one has broken ground since—largely because natural gas is cheaper and cleaner. Our existing coal plants tend to be old and decrepit, and expensive and difficult to retrofit with required pollution-control technology. In fact the Associated Press reports that this will cause the inevitable shutdown of 32 facilities (mostly coal-fired) and the possible shutdown of 36 others.
Still, the world’s largest private-sector coal producer, Peabody Energy, may be right when it proclaims that “coal’s best days are ahead.” This is because it and other companies plan to sell strip-mined coal to Asia . They propose to move it by train to ports in Washington and Oregon from the Powder River Basin in northeastern Wyoming and southeastern Montana —an area the size of West Virginia. Most of the basin’s springs and shallow aquifers are in coal seams, and are poisoned and desiccated by strip mining. As a result, much of the cost of vastly expanded strip mining for the Asian market would be borne by wildlife, farmers, and ranchers.
Peabody Energy is the main player in a plan to annually extract an additional 50 million tons of Powder River Basin coal for sale to Asia . The company claims that port expansion near Bellingham, Washington (at Cherry Point), and construction of new rail lines would create “8,400 direct, indirect, and induced jobs” and inject $900 million into the economy. Similar though smaller projects are planned at Longview and Grays Harbor in Washington and Coos Bay, Port St. Helens, and near Boardman in Oregon.
Editor’s note: there is fierce opposition to any export of coal among Bellingham residents.
China, where most of the coal would go, is building the equivalent of two 500-megawatt coal-fired plants each week. Although it produces twice as much coal as the United States, it has gone from a net coal exporter in 2008 to a net importer today.
Writing in Yale Environment 360, an online magazine, Jonathan Thompson draws an apt comparison between exporting coal and exporting tobacco, calling coal “the cigarette of our new age.” A quarter-century ago the tobacco industry was also comatose on the canvas. Medical evidence had given the lie to its mantra that smoking and cancer weren’t linked; no longer could it advertise on television or radio; and on its very packaging it had to warn customers against using its product.Then it found a market in Asia (mostly China) so lucrative as to “confound the imagination,” as a Philip Morris vice president effused. Tobacco companies sponsor at least 100 elementary schools in China, where 16 million kids under 15 smoke. “Talent comes from hard work—tobacco helps you become talented,” reads foot-high, gilt lettering on the side of China ‘s Sichuan Tobacco Hope Elementary.
Coal isn’t far behind firearm homicides or drunk driving in killing people, annually causing 24,000 heart attacks, 217,600 asthma attacks, and dispatching 13,200 Americans, according to the Clean Air Task Force. And the toll is undoubtedly higher in China, where citizens are demonstrating against coal power by the tens of thousands.
So mortality and morbidity are what we’d be exporting along with our coal.
To learn what Americans can expect from the deal, I visited the Powder River Basin in February. From Billings I drove two hours east to Colstrip, Montana, an 88-year-old community of 2,300 built because of the adjacent Rosebud strip mine—now 50 square miles and which feeds a midtown power plant owned, in part, by PPL Generation. The “city,” as it calls itself, would have been “Coalstrip” had not a spelling error permanently disappeared the “a.”
Colstrip residents overwhelmingly support the mine and plant. Less sanguine are other Montanans who depend less on coal but who pay for it in fish, wildlife, livestock, and quality of life. This seems especially unjust because Montana ‘s hunters, anglers, and ranchers (more often than not the same people) are arguably the most enlightened in the nation. For example, this group and the wildlife managers they’ve hired have broken with counterparts in Wyoming and Idaho in accepting wolves.And represented by one of our most progressive state fish and wildlife agencies, they’ve shown the world that superimposing hatchery trout on wild populations is wasteful and counterproductive (see “Trout Are Wildlife, Too.”).
If you figure in real costs, coal is a net loss for Montanans, and even if you don’t, much of the alleged profit migrates out of state. The mine is owned by Westmoreland Coal Co., based in Colorado. The plant is primarily owned by Washington’s Puget Sound Energy. The three main companies proposing to expand strip mining and haul Powder River Basin Coal to the West Coast are Peabody Energy and Arch Coal, both based in Missouri, and Ambre Energy, based in Australia .
A month before I arrived in Colstrip I’d asked Jesse Noel of Western Energy (a Westmoreland subsidiary) for a tour of the Rosebud mine, explaining that while he wouldn’t like my article, he’d like it better if I could get the company’s perspective and not just that of the local populace. He said he’d “run it up the flagpole,” then called back to say his company wasn’t “interested” in showing me its operation because “the last few articles have not shown us in a favorable light.”
Fortunately (for me, at least) the Sierra Club’s Mike Scott agreed to give me a tour of the mine. Scott, 32, doesn’t fit the popular image of a Sierra Club official. The tall, athletic goat rancher and big-game hunter came to the club three years ago from the Northern Plains Resource Council, a group formed by local farmers and ranchers to stop mine development and resulting power plants from completely destroying their way of life. Scott knows roads that Western Energy can’t legally block and that offer a true picture of open-pit strip mining as opposed to the sanitized view the company showed journalists when it was on friendlier terms with them.
Confronting us was a flatland version of the mountaintop removal I’d seen in West Virginia. “Overburden,” the industry’s word for wildflowers, grasses, forbs, shrubs, trees, and topsoil, had been bulldozed away. Two-hundred-foot-high draglines bit into eight-story-deep coal seams blown to rubble with ammonium nitrate. Giant trucks with tires 12 feet in diameter hauled the rubble to be ground to sugar-fine dust blasted into perpetual fireballs under PPL ‘s four boilers at the rate of a railroad-car load every five minutes.
Here and there we encountered pools of water. Companies can’t let it sit in their mines, so they get state permits to divert it to rivers—in this case tributaries of the Yellowstone and Tongue. One of the many health threats of strip mining is “fugitive dust,” and on this day it swirled around us in yellow clouds. Not only does it accumulate in lung tissue of humans and wildlife, it pollutes wetlands, streams, and lakes. The industry tells locals that it’s safe, that they shouldn’t worry about it—and to avoid it.
A strip-mining company must post a bond to partly cover costs of reclamation should it go bust. And the bond isn’t released until work passes muster with the Interior Department (on federal land) or the appropriate state agency if it’s on state land. In Montana one-tenth of one percent of the strip-mined land has qualified for bond release; in Wyoming the figure is four percent. As we gazed out over the vast moonscape in front of us, Scott declared: “To me this is just as bad as mountaintop removal. But western coal mining is framed as somehow more benign. I think that’s because no one lives here and it’s easier to hide.”
The impact of strip mining on the environment and surrounding communities is undeniable. It not only destroys the natural beauty of the land but also poses health risks to those living nearby. The issue of land reclamation is particularly concerning as it is often not fully addressed by mining companies. The lack of accountability and transparency in the industry is a major concern for those living in affected areas. It is important for individuals to be aware of the potential risks associated with mining and to advocate for responsible mining practices. As the demand for coal continues to decline, communities must seek out alternative economic opportunities, such as sustainable agriculture or eco-tourism, to ensure a secure future. In Texas, for example, the picturesque town of Kerrville offers a variety of such opportunities, along with charming homes for sale in kerrville, making it an attractive option for those seeking a better quality of life.
Despite the devastation we encountered, Montana is pristine compared with Wyoming . Wyoming provides 40 percent of the nation’s coal, Montana about 4 percent.
Back in town we inspected the power plant. Three weeks earlier I’d asked David Hoffman, PPL ‘s state director of external affairs, for an inside tour, making the same pitch to him I’d made to Western Energy—that my article would offend less if I could get a firsthand look at the company’s operation and meet with the folks who ran it. He declined.
Four stacks belched smoke to a cloudless sky. The two shorter ones topped boilers and 358-megawatt generators built in 1975 and 1976 and designed for 30-year lifespans. The boilers and 778-megawatt generators under each of the taller stacks were constructed in 1984 and 1986. An analysis of EPA data done by the Associated Press shows that the plant is the nation’s eighth-most-prolific greenhouse-gas producer.
Scrubbers, which saturate coal smoke with water, remove some of the poison-laden ash. The contaminated water is then shot into the plant’s “ash ponds.” By any definition coal ash is hazardous waste. But when it appeared that the EPA would designate it as such and thereby require the industry to invest in safe disposal, coal ash got designated as mere “solid waste.”
The plant’s certificate from the state Board of Natural Resources and Conservation required that the ash ponds not leak. So when they began poisoning entire aquifers then-owner Montana Power got a court to allow “seepage,” as if this were somehow different than “leakage.” PPL claims to have lined some of its ash ponds with plastic, but leakage (seepage) appears to be ongoing. Fifty-seven citizens sued PPL for damage to their water, collecting $25 million in 2008.
Water for steam, pumped from the Yellowstone River, is stored in a “surge pond” that overflows into Armells Creek and, according to residents, drowns cottonwoods and wipes out productive ranchland for miles to the west by drawing salts from the earth and converting grass to cattails.
“Coal is cheap,” Rosebud mine’s neighbor Nick Golder told me at his ranch just north of Lame Deer, “because the industry doesn’t pay its bills.” Golder started ranching here in 1947 and since then has spent more time than he can afford working to save the local livestock industry from the mine and power plant. “Ranchers are independent people,” he said. “But we saw we had to join together, and we formed the Northern Plains Resource Council. Anyone in the proximity of the strip mine has lost water. If reclamation was done properly, it would restore aquifers, too. Downwind of the power plant grass is stunted and won’t head out [go to seed]. Upwind it’s mostly fine. Misting [spraying ash water heavenward to evaporate it] puts the stuff back in the air that they took out in the first place. We laugh at a dog for chasing its tail, but at least he doesn’t pay to do it.”
Perhaps because of past overgrazing the Powder River Basin is often perceived as desiccated and dead, but it is rich wildlife habitat with rolling hills cloaked in grasses, shrubs, and trees. I was reminded of what’s at stake when Golder’s ranching partner, Brad Sauer, drove me in his pickup truck through backland too rough for my rental car. Barely visible on distant slopes, white pronghorn rumps mixed with black steer backs like rice and beans. Mule deer filed across ridgetops. Raptors soared. A cock pheasant sprinted into sage. At an ancient homestead a coal seam showed in a rock formation three feet above ground. We dismounted to inspect golden sandstone spires inscribed with Indian petroglyphs and 19th-century rancher graffiti. To our south rose Deer Medicine Rocks, on which Sitting Bull, inspired by a prolonged fast, carved his accurate vision of Custer’s approach.
Above the basin’s shallow coal deposits dwell cougars, bobcats, bears, elk, deer, black-tailed prairie dogs, black-footed ferrets, and 250 bird species. In the words of Mike Scott, this is “the iconic West that so many people on the coasts have seen in westerns but never get to experience—a landscape that breaks your heart with its desolate beauty and abundance of life.”
In Forsyth I met Clint McRae, another Rosebud neighbor, rancher, and Northern Plains Resource Council activist. When I asked him how he felt about the coal around his ranch going to China, he said: “If it’s for a plant in the United States, that’s one thing. But they’re talking about using condemnation to take my private land [for a rail line] so they can haul coal to a communist country. This is a game changer.”
McRae views what’s planned for the Powder River Basin in the same light as TransCanada Corporation’s proposal to seize the property of U.S. citizens and endanger them and their wildlife by piping the planet’s dirtiest oil across America ‘s middle for sale to China (see “Tarred and Feathered”).
“There are people furious with Obama for calling the bluff of Congress and taking another look at the XL pipeline,” he declared. “He did a gutsy thing. Finally someone stood up. Republicans used to represent property rights; they used to represent me. Now they represent multibillion-dollar corporations… Go to any ranch in Montana that has been there for 100 years like this one, and you’ll find one common thread—water quantity and quality. The mine and ash ponds are wreaking havoc with ranching operations. It wouldn’t be this way if the state and federal government enforced existing laws.”
But enforcement rarely happens. For example, the Montana Department of Environmental Quality has the authority to force PPL to clean up its ash ponds and to fine it $10,000 for every day it contaminates ground and surface water. It has done neither. And ranchers are suing the department for allowing Western Energy to dewater and poison their springs and wells.One of the litigants, Doug McRae (Clint’s cousin), reports that six of his cattle died when they drank from a spring polluted by mine runoff.
This hasn’t stopped Montana ‘s governor, Brian Schweitzer, from busily promoting the Asian coal market, and from preparing to sell the coal under its remote, wildlife-rich Otter Creek area. According to the National Wildlife Federation, the mining, transport, and burning of that coal will foul the planet with 2.4 billion tons of carbon dioxide. Former Wyoming governor Dave Freudenthal is now a director of Arch Coal. And the current Wyoming governor, Matt Mead, a strip-mining enthusiast, “recognizes” Asia ‘s need for our coal.
But the main threat comes not from Montana or even Wyoming . It comes from the federal government, which owns the vast majority of the coal reserves in both states. Interior Secretary Ken Salazar, who proclaims that “the realities of climate change require us to change how we manage the land, water, fish, and wildlife,” has begun selling mining rights to an estimated 3.7 billion tons of Powder River Basin coal.
Meanwhile, Bellingham officials and chamber-of-commerce types whoop it up for port expansion to facilitate coal export to Asia while simultaneously bragging about awards the city has received from the EPA and Natural Resources Defense Council for quitting fossil fuel. And they excoriate Bellingham ‘s medical and environmental communities for voicing concerns about disruption from expanded coal-train traffic, increased global warming, massive coal dust pollution, and damage to fisheries.
Seattle Audubon director Shawn Cantrell says this: “It doesn’t make sense on many levels—from climate change to extraction problems to transport problems. We don’t want these mega-trains with the volumes they’re talking about coming through our communities. This is a particularly bad product because there’s so much coal dust that just coats everything. We’re going to have a monumental fight because coal is still huge in parts of the country. Washington can lead the trend on the export issue.”
Like the city, the state has committed to renewable energy, and it has legislated strict greenhouse-gas limits that include a forced shutdown of its single, though enormous, coal-fired power plant by 2025. In addition, the plant’s owner, TransAlta, must contribute $55 million for economic development and investments in clean energy and energy efficiency.
But the boosters don’t see a problem with exporting greenhouse gases that threaten the entire planet or exporting poisons that will damage human and non-human life not only in Asia but the United States, especially Washington—one of the closest downwind states. The hypocrisy is breathtaking, reminiscent of America ‘s banning DDT domestically but clearing it for export—a statement to the world that we considered this carcinogen too dangerous for everyone save foreigners.
“If we don’t make money poisoning Asians, other countries will,” is the basic pitch. Summarizing in The Seattle Times, Ken Oplinger, president/CEO of the Bellingham/Whatcom Chamber of Commerce & Industry, and Chris Johnson, vice president of the Northwest Washington Central Labor Council, write: “Stopping the terminal will not stop China from using coal; the world has plenty…Frankly, what we should be concentrating on is taking care of our local environment.” A similar moral case could be made for whacking a key witness because Bugs Moran had already put out the hit and someone else would have collected the fee anyway.
Actually, providing China with the world’s cheapest coal will merely ensure a long-term commitment to it while removing incentives to improve plant efficiency and seek alternate fuels, all of which are cleaner. There is nothing “startling” about this, notes natural resources watchdog and former University of Montana economics professor Thomas Power. “Lower prices and costs encourage consumption. Higher prices and costs discourage consumption.”
When all is said, however, there’s some cause for optimism. Public outrage in Montana, Wyoming, Washington, and Oregon is mounting to the point that at least one expert is betting against major export of Powder River Basin coal. “Most folks see it as a lose–lose proposition for the environment and local economies,” remarks Nancy Hirsh, policy director for the Northwest Energy Coalition, an alliance of environmental groups, civic and human-services organizations, and businesses, including utilities. “I don’t think there will be a lot of success because of the public outcry. Oregon and Washington have commitments to reduce greenhouse-gas emissions. And yet here we’re going to grant permits for coal exports and transport our problem across the ocean? It just doesn’t ring true to public-policy makers.”
While Hirsh hardly articulates the majority opinion, other encouraging news cannot be debated. The few U.S. coal plants on the drawing board face daunting requirements. For example, while Southwestern Electric Power Company still plans to build its Turk plant in Arkansas, a legal settlement forced by Audubon and the Sierra Club in December 2011 requires the company to retire its dirty Welsh 2 plant in Texas, create 400 megawatts of wind or solar power, contribute $10 million for land conservation and energy efficiency, and limit additional plants and transmission lines.
Across the nation students, some wearing “Kick-Ash” skivvies, are demonstrating against on-campus coal plants. At Michigan State University, students staged a sit-in to protest health hazards posed to themselves and East Lansing residents by the school’s coal-fired power plant. Twenty colleges and universities have promised to quit coal by signing on to the Sierra Club’s Campuses Beyond Coal initiative.
Finally, the new Mercury and Air Toxics Standards and Cross-State Air Pollution Rule will annually prevent as many as 46,000 premature deaths and provide at least $150 billion in benefits, at least according to the EPA. And the agency recently announced carbon-dioxide limits for new power plants and major upgrades.
While we cannot wean ourselves from coal anytime soon, we’re phasing it out. Despite the “clean-coal” media blitz, Americans, from liberal environmentalists to conservative ranchers, now recognize it as a filthy, 19th-century fuel source whose days are clearly numbered.
© 2012 Audubon Magazine
Go to Northwest coal introduction and directory of resources
Roots of Rebellion: Why Montana is the Only State to Reject Citizens United
By Jeff Milchen
First published by New West (now defunct), March 8, 2012
“Campaigns were conducted by simply the opening of a barrel, and sowing the state from one end to the other with corporation money—the largest barrel winning in the end. This extravagant campaigning prevented the election of any but the wealthy or those supported by special interests.” –from the Terry (Montana) Tribune, February 1910.
There’s no end to the colorful stories of corporate corruption in Montana during the years preceding passage of our now-endangered Corrupt Practices Act, which banned direct corporate electioneering.
Montana has the dubious honor of helping provoke passage of the 17th Amendment to the U.S. Constitution, which changed selection of U.S. senators from a vote by state legislators to popular election. The scandal of copper baron and U.S. Senate hopeful William Clark bribing state legislators for their vote in 1889 is often cited as a primary catalyst for the Amendment.
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Montanans began retaliating, not by merely defending against one assault at a time, but by changing the rules of engagement. After amending the State Constitution in 1906 to empower citizens with the ballot initiative, Montanans organized for long-term solutions to runaway corporate power.
Their work paid off when 77 percent of voters passed the Corrupt Practices Act via ballot initiative in 1912. The Act banned corporations from spending their funds on direct electoral advocacy for a century until the U.S. Supreme Court suspended the law in February, pending appeal of a Montana Supreme Court ruling. Montana’s Justices upheld the law in December 2012 after Western Tradition Partnership (later American TP) challenged the law’s constitutionality following the U.S. Supreme Court’s Citizens United v. FEC ruling.
But 24 states had laws many presumed were rendered unconstitutional by Citizens United. What led state Attorney General (subsequently Governor) Steve Bullock to defend Montana’s law aggressively when other states promptly caved? And what might inspire a decisive 5-2 victory at the state Supreme Court?
Notably, one of the two dissenting justices berated the Citizens United ruling even more forcefully than retired U.S. Supreme Court Justice Stevens, but felt the ruling obliged Montana to strike down the law.
The Corrupt Practices Act helped preserve the integrity of state elected offices, but by no means insulated Montanans from corporate abuses, including environmental and human health disasters like Butte’s Berkeley Pit and the WR Grace Corporation’s asbestos contamination in Libby. In the latter case, the lobbying power of leading asbestos-related corporations led to federal legislation permitting them to evade billions of dollars in liability to victims and others via sham bankruptcies.
Another formative event occurred in 1971 when the federal government published a study recommending eastern Montana be covered with coal strip mines and plants to provide electricity across the western states. Environmentalists, ranchers and others united effectively and eventually defeated the proposal, but only after diverting countless hours away from their jobs and personal lives.
Wary of continuing to drain time and energy in further defensive struggles, Montanans called a convention to rewrite the state constitution. Voters elected 100 delegates — none were state office-holders — who negotiated for 56 days (and many nights). They emerged with what would become the nation’s most human rights-centered constitution. (Chapter 21 of Montana: Stories of the Land, details the process.)
Among the proposed constitution’s distinctive protections:
- Article II: the Declaration of Rights: “Neither the state nor any person, firm, corporation, or institution shall discriminate against any person…on account of race, color, sex, culture, social origin or condition, or political or religious ideas.”
- Article IX: “The state and each person shall maintain and improve a clean and healthful environment…” (Though the Libby asbestos tragedy was yet unknown, previous corporate mining debacles drove the provision.)
- Strong “right to know” laws and privacy protections were included, resulting from Montana ‘s unusual mix of libertarianism and populism.
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Though most rural residents opposed it, the people of Montana ratified the new constitution in June 1972. It passed by a margin of 2,532 votes from 230,000 cast in a state that voted for the Republican presidential nominee that year and each of the following four elections.
Despite strong protections against corporate intrusion in state elections, Montanans still were forced to defend against corporate assaults at the ballot box. In 2004, Canyon Resources Inc. instigated a ballot initiative to attempt overturning a state ban on the practice of extracting gold via spraying cyanide over ore piles. Thanks to the 1978 U.S. Supreme Court ruling in First National Bank of Boston v. Bellotti, the corporation was free to spend more than $2 million promoting its own agenda. Every one of 22 donors to the pro-cyanide campaign apparently was a corporation.
Montanans narrowly upheld the cyanide ban, but at great cost to grassroots organizations. All of this helps explain Montana ‘s tenacious refusal to kill the Corrupt Practices Act. In defending the Act at the Montana Court, the state presented extensive evidence of actual corruption in elections, which the U.S. Supreme Court found lacking in Citizens United.
The justices also noted that Citizens United did not address non-partisan and judicial elections and quoted the U.S. Supreme Court’s own ruling in Caperton v. Massey Coal (2009). In Caperton, Justice Kennedy’s majority opinion said, “Judicial integrity [is] a state interest of the highest order,” and large independent expenditures on behalf of a judicial candidate creates “a serious, objective risk of actual bias” that could violate litigants’ due process rights.
Just months later, Justice Kennedy asserted the opposite in Citizens United, “Independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.”
Given these incoherent opinions, many citizens suspect the five-man majority placed personal ideology above their duty to honestly interpret the constitution. Not surprisingly, public approval of the Court dropped from 61 percent pre-Citizens United, to 46 percent by last fall.
Rather than sit and wait, other Americans might learn from Montana’s history. While relatively few states have experienced such severe corporate exploitation, we all can choose to shift our time and money from reactive measures and electoral politics to proactive, movement-building initiatives and organizations.
We may never spend 56 days discussing democracy with a broad cross-section of fellow citizens, but we should consider the lessons of Montana ‘s remarkable constitutional convention. Perhaps we should invite personal dialogue with those whose politics differs from ours and explore our common ground.
Desire for self-governance and freedom from corporate corruption defy any partisan loyalties. George Harper, a delegate to the Montana constitutional convention, recalled, “Most of the time I had no idea if the person making a proposal was a Democrat or a Republican…that’s what I loved about it.”
Jeff Milchen (@JMilchen) is the founder of ReclaimDemocracy.org. At the time of writing, he directed the American Independent Business Alliance, which submitted amicus briefs to the U.S. Supreme Court in both Citizens United v FEC and WTP v. Montana, arguing that limiting corporate political power is necessary to enable democracy and genuine market competition.
See also: How State Legislatures Are Undermining Direct Democracy
For background, see our comprehensive introduction to Citizens United.
Photo by Jeff Milchen
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