Law

Big Players Promote Water Privatization

September 8, 2014 Ellen Dannin, www.truth-out.org Educate! Detroit, Law, Privatization, Water

Americans used to take water for granted, but the water shutoff in Detroit has taught us all-important lessons. We now know that the private sector is willing to be ruthless in denying access to the most basic needs of living beings, and we also know that even those who have the least resources can also have power - if they are organized. Knowing these facts can prepare us all for the current fight over the privatization of water. Here are the basic facts as to the players and the events that are leading us to this water war. On May 21, as the Senate prepared to vote on the Water Resources Reform and Development Act of 2014 (WRRDA), Senator Boxer spoke on the critical roles the Water Infrastructure Finance and Innovation Act (WIFIA) section would play. Said Boxer, We also have a new initiative to assist localities in need of loans for flood control or wastewater and drinking water infrastructure to receive those loans from a new funding mechanism we have named WIFIA, the Water Infrastructure Finance and Innovation Act. WIFIA will allow localities an opportunity to move forward with water infrastructure projects in the same way that TIFIA works in the transportation sector. Where there is a local source of funding to reimburse the federal government, the federal government can front the funds in order to speed up the process.

BP Found “Grossly Negligent” In Deepwater Horizon Oil Spill

September 5, 2014 Susan E. Matthews, www.audubonmagazine.org Educate! BP, Law, Oil Spill, pollution

BP is guilty of gross negligence for its role in the disastrous 2010 oil spill in the Gulf of Mexico, a federal judge ruled this morning. The company may be forced to pay up to $18 billion in penalties, according to Bloomberg News. At least 80 percent of these fines will be funneled directly into environmental restoration, per the Restore Act, says Brian Moore, Audubon's legislative director. "It changes altogether the scope of the restoration of the Gulf," Moore says. The explosion and resulting spill killed 11 people and caused immeasurable environmental damage, including killing thousands of birds. Leaked oil is still hurting birds in the area years after the 2010 disaster. In 2012 BP accepted criminal responsibility for the disaster, and the company has already paid fines and restitution totaling $4.5 billion, the Wall Street Journal reported. Following the announcement of the additional fines from the gross negligence decision this morning, BP shares fell more than 6 percent. U.S. District Judge Carl Barbier held the trial without a jury, and did not rule on how much oil was ultimately spilled in months after the rig explosion. That figure will ultimately determine the eventual fine BP pays--the Clean Water Act dictates that $4,300 is paid per barrel of oil spilled. The company is expected to appeal the decision, which could delay payment on the fines for years.

Challenge To NSA Spying Program In Appeals

September 4, 2014 ACLU, www.aclu.org Resist! Law, NSA, Surveillance

This morning, we're heading back to court to challenge the NSA's phone-records program, this time in the Second Circuit Court of Appeals in New York. Several district courts have already ruled on the program, with one calling it "almost Orwellian." And, of course, the secretive Foreign Intelligence Surveillance Court has approved it many times. But one consequence of the excessive secrecy surrounding the program is that it has never been reviewed by the Supreme Court or even by a federal appeals court. Until now. Our lawsuit and the several similar lawsuits that have been filed around the country are significant for many reasons. The phone-records program – under which the NSA collects a record of the calls made by millions of Americans every single day – is perhaps the most sweeping surveillance operation ever directed against the American public by our government. It raises profound questions about the role of government in a democracy and about the future of privacy in the digital era. And it threatens our constitutional rights in ways unimaginable by the founders of our country.

Guantanamo Defense Lawyer Resigns Over ‘Show Trial’

September 3, 2014 NPR, www.npr.org Educate! Guantanamo, Law, Terrorism, Torture

Khalid Sheikh Mohammed, the self-proclaimed mastermind behind the Sept. 11 attacks, is facing a military commission at Guantanamo Bay and potentially the death penalty. He was captured in 2003 but his case still hasn't gone to trial. Last week, Maj. Jason Wright — one of the lawyers defending Mohammed — resigned from the Army. He has accused the U.S. government of "abhorrent leadership" on human rights and due process guarantees and says it is crafting a "show trial." Wright joined the military in 2005. He served 15 months in Iraq during the surge and has worked as a Judge Advocate. For nearly three years, he served on Mohammed's defense team. Wright formally resigned on Aug. 26. Earlier this year, the Army had instructed him to leave the team in order to complete a graduate course that was required with his promotion from Captain to Major. He refused the order; he says it would have been unethical for him to have followed it. Asking For Trust, Wearing The Captors' Uniform Wright tells NPR's Arun Rath that it's hard to gain any client's trust, but it was especially hard with Mohammed. His former client is one of six "high-value detainees" being prosecuted at Guantanamo for offenses that could carry the death penalty.

Nuclear Plant Depresses Property Values

September 1, 2014 Chris Burrell, www.enterprisenews.com Organize! Anti-Nuclear, Law, Massachusetts, Nuclear Energy

PLYMOUTH – Encouraged by a decision in the Massachusetts Land Court, anti-nuclear activists are forging ahead with a lawsuit, arguing that the Pilgrim nuclear station in Plymouth and its storage of spent nuclear fuel have hurt property values in the area. The plaintiffs – 11 residents who live within two miles of the 685-megawatt nuclear power plant owned by Louisiana-based Entergy Corp. – are challenging Entergy and the Plymouth officials who approved a permit for the company to build concrete pads for storing nuclear waste in concrete casks. “A project that has these threats and dangers and such a huge impact on the community should be subject to the highest level of oversight by local boards,” said Meg Sheehan, a Cambridge lawyer representing the residents. Sheehan said that Plymouth’s building inspector and zoning board wrongly approved the building permit for Pilgrim and should have required a special permitting process and a public hearing.

Veolia’s Sneaky Approach To Privatize City Water

August 27, 2014 Edward Ericson, www.citypaper.com Educate! History, Law, Privatization, Water

After Baltimore City wrested its water and sewage system away from the private Baltimore Water Company in 1854, the municipal system expanded and made improvements, so much so that by 1914 the city crowed about its “finest in the world” new sewer system in a brag book aimed at tourists and business owners. A hundred years later, a nonprofit corporate privatization watchdog that thinks the city is about to sell its waterworks to a private company is focusing attention on a tiny Baltimore contract to promote efficiency in the city’s troubled waterworks. Some city workers protested the contract—which has not yet been awarded—on August 13 at City Hall. “Project 1224, Procurement of Consultant Services: Water and Wastewater Plants Efficiency Study,” was advertised in early summer, drawing two “letters of interest,” the first step in determining who gets the contract. A French company, Veolia, and PA Consulting of the United Kingdom were the companies that submitted letters. Corporate Accountability International, a Boston-based nonprofit that has been bird-dogging water-privatization schemes around the world for 10 years, asked to see the letters and emailed local media to pitch the story. The group believes the city contract is the first step in a water-privatization scheme, and means to stop it.

Federal Judge: Kauai’s GMO Law Is Invalid

August 27, 2014 Jennifer Sinco Kelleher, www.AP.org Educate! Corporatism, GMO, Law

A Kauai County law requiring companies to disclose their use of pesticides and genetically modified crops is invalid, a federal judge ruled Monday. U.S. Magistrate Judge Barry Kurren ruled in favor of four seed companies seeking to stop Kauai's new law from going into effect in October. Syngenta Seeds, DuPont Pioneer, Agrigenetics Inc., doing business as Dow AgroSciences, and BASF Plant Sciences sued for a permanent injunction, arguing the ordinance unfairly targets their industry. Kurren's ruling agrees that the ordinance is pre-empted by state law. The judge's ruling stops the county from enforcing the ordinance. "I'm disappointed but that's the judge's option," said Paul Achitoff, an Earthjustice attorney who helped defend the law on behalf of intervening community groups. "I think the consequences for the people of Kauai, in particular, and throughout the state are very unfortunate." He said he'll discuss options to appeal with his clients. Margery Bronster, an attorney representing two of the companies, said the judge's ruling makes it clear that counties don't have the authority to regulate agriculture as called for in the ordinance.

Judge Says NC School Vouchers Are Unconstitutional

August 26, 2014 Politics USA, www.politicususa.com Educate! Charter Schools, Education, Law, Privatization

For the past decade, Republicans have been on a tear to blatantly transfer taxpayer money directly to private enterprises without regard for the needs of the people. Whether it is privatizing Medicare, Social Security, social services, or education, Republicans have devised various schemes to appropriate taxpayer money to profit their donors; including churches Hell-bent on inculcating Christianity in private religious schools at the expense of public education. One of the most important clauses in the U.S. Constitution is the General Welfare clause in Article I – section 8 that reads, “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” According to the Founding Fathers and first four Presidents George Washington, John Adams, Thomas Jefferson, and James Madison, taxes providing for the ‘general welfare’ were to provide housing, food, medical care, and education for the poor among other domestic programs. In fact, one of the authors of the Constitution, James Madison killed legislation giving taxpayer money to churches anxious to profit from pretending to provide for the people because the Founders believed the government should never, never ever, give money to churches for anything; including education.

Tennessee Officials Appeal Occupy Nashville Ruling

August 25, 2014 Travis Loller, www.greenwichtime.com Organize! Law, Occupy, Tennessee

Two high-ranking Tennessee officials are asking a federal appeals court to rule that they did not violate the rights of Occupy Nashville protesters who were arrested on the War Memorial Plaza in October 2011. U.S. District Judge Aleta Trauger last year found Safety Commissioner Bill Gibbons and former General Services Commissioner Steven Cates violated protesters' rights when they promulgated a last-minute curfew for the plaza, then had those who refused to leave arrested. In briefs filed with the 6th U.S. Circuit Court of Appeals, state attorneys argue that Gibbons and Cates should be granted qualified immunity for their actions to disperse the protesters. They say it was the job of the two officials to protect state property and maintain order. The curfew and arrests were necessary to deal with reports of crime, sanitation problems, trash and damage to the plaza in front of the state Capitol, they say. "Plaintiffs' 24-hour occupation of the War Memorial Plaza was not protected by the First Amendment," they argue. And even protected speech can be subject to reasonable time and place restrictions.

An Action More Towns Should Take: No To Militarized Police

August 23, 2014 Nick Henderson, www.woodstockx.com Resist! Law, Militarization, Police

In the wake of aggressive police action against protesters in Ferguson, Missouri, and the trend of police departments obtaining military equipment from the Pentagon, Woodstock lawmakers passed a resolution seeking to assure residents that it won’t happen in this town. “The Woodstock Town Board declares it has never accepted, nor will accept or procure military arms and/or heavy armor for its police department now or in the future,” the resolution, proposed by Councilman Jay Wenk reads. The resolution also states “The Woodstock Police are trained to act in a rational, nonmilitary, non-abusive manner” and “The Woodstock Town Board wants to assure its citizens that the town does not possess military equipment of the type known to be an issue in other jurisdictions.” Councilwoman Cathy Magarelli thanked Wenk for the resolution and said she was shocked to read that Ferguson, a small city of about 20,000, has about $4 million worth of military-type equipment. “It’s ridiculous to have that much armor for such a small town,” Magarelli said. The resolution passed by a vote of 4-0. Councilman Bill McKenna was absent.

Who Are The New Union Busters?

August 21, 2014 Jacob Fischler and Evan McMorris-Santoro, www.buzzfeed.com Educate! Barack Obama, Labor, Law, Unions

President Obama’s innovative, take-no-prisoners campaigns crafted an elite force of operatives, skilled in the political arts. Now that they’re done helping Obama, however, it appears they have a new goal: weakening and defeating organized labor. On Tuesday, Obama’s former top White House adviser and 2008 campaign manager David Plouffe signed on with Uber, the company known for its slick app and on-demand cars — and efforts to break taxi-union holds on urban transportation. Plouffe joins former top Obama campaign and White House communications strategist Robert Gibbs and Obama’s national press secretary for the 2012 campaign Ben LaBolt, who are using their talents in a campaign against the power of teacher’s unions. Along with them is Obama’s 2012 campaign manager Jim Messina, who went to London to work for the reelection of England’s Conservative Party government, which is campaigning on a platform that includes new rules English labor says would make it “close to impossible” to go on strike. American labor is still wary of talking on the record about Obama, but union frustration with the path Obama’s campaign dream team has taken is palpable.

Moral Monday Movement Expands To 12 States For Week Of Protests

August 21, 2014 Samantha Lachman, www.huffingtonpost.com Resist! Law, Moral Mondays, Protest

Nearly 51 years ago this week, Martin Luther King, Jr. exhorted the 250,000-strong March on Washington audience to "go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed." Leaders of the "Forward Together Moral Monday" movement said on a press call Tuesday they are putting King's words to practice by expanding the movement beyond its origins in North Carolina for a "Moral Week of Action" in 12 states: Alabama, Arkansas, Florida, Georgia, Indiana, Mississippi, New York, North Carolina, Ohio, Pennsylvania, Tennessee and Wisconsin. The week will focus on a different social justice theme each day, starting with labor rights and fair wage issues this Friday, followed by education, criminal justice, equal protection under the law (such as LGBT rights and immigration status), women's rights, environmental justice and health care coverage. The movement's North Carolina chapter, composed of the state's NAACP and a variety of other groups, says it will hold voter registration canvasses each day after marching to the state capitol in Raleigh, culminating in a voting rights rally on Aug. 28 to commemorate the March on Washington anniversary.

The Biggest Lie About Net Neutrality

August 20, 2014 Timothy Karr, www.huffingtonpost.com Educate! FCC, Law, Net Neutrality, Regulation

One of the most persistent lies told in Washington is the notion that common carriage is a heavy-handed regulation that transforms innovative businesses into antiquated, government-run utilities. Any mention of restoring this time-tested principle to the Internet causes fits among phone and cable industry lobbyists. It's a debate now raging throughout the record number of comments filed at the Federal Communications Commission, which has put the issue of common carriage back "on the table" as it weighs new rules to protect Net Neutrality. The conversation has also spilled into the media, where attacking common carriage has become fodder for industry-friendly editorial writers and pundits. Listening to their arguments is like eating tainted food. All seems well at first bite. But given time to digest, things don't feel so settled.

Justice Dep’t To Conduct Broad Review Of Police Tactics

August 13, 2014 Kevin Johnson, www.usatoday.com Organize! Law, police brutality, Regulation, Violence

The Justice Department is leading a broad review of police tactics, including the kind of deadly force that prompted recent protests in Missouri and New York, a federal law enforcement official said Tuesday. The review is being conducted as the department weighs creating a national commission to provide new direction on such controversial issues. In addition to deadly force, the review is expected to examine law enforcement's increasing encounters with the mentally ill, the application of emerging technologies such as body cameras, and police agencies' expanding role in homeland security efforts since 9/11, said the official, who is not authorized to comment publicly and requested anonymity. The review is slated to be completed early next year while authorities consider establishing a special law enforcement commission similar to a panel created by President Johnson to deal with problems then associated with rising crime. Rather than violent crime, which has been in decline in much of the country, police are now grappling with persistent incidents involving use of force and their responses to an array of public safety issues, from drug overdoses to their dealings with the mentally ill and the emotionally disturbed. The call for a broader federal policy review, while not directly tied to any specific incident, grew out of a meeting involving law enforcement advocacy groups and Justice officials, including Attorney General Eric Holder, the official said.

Corporate Victory Will ‘Screw’ Local Farmers As Amendment Passes In Missouri

August 7, 2014 Deirdre Fulton, www.commondreams.org Educate! ALEC, Animal Rights, Corporatism, Food and Agriculture, Law, Missouri

Agribusiness giants scored a victory in Missouri on Tuesday when voters narrowly approved a corporate-backed state constitutional amendment that critics say will threaten animal rights, remove checks and balances around food safety, and make it more difficult to regulate industrial farming practices. The ballot question, which was supported by big-ag players like Monsanto and Cargill, asked: "Shall the Missouri Constitution be amended to ensure that the right of Missouri citizens to engage in agricultural and ranching practices shall not be infringed?" With all precincts reporting, the measure passed 498,751 to 496,223 — a margin of just 2,528 votes, or less than one percentage point. This makes Missouri the second state in the nation, after North Dakota, to adopt such a provision. The American Legislative Exchange Council (ALEC) has been promoting similar legislation in state capitols for almost two decades. While supporters of the so-called "Right to Farm" amendment described it as "a way for us to push back a little bit" against environmental groups and animal welfare organizations, opponents said it would open the door for foreign-owned factory farming in Missouri and "strip most local governments of their ability to stop foreign companies from polluting and contaminating our land."

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