Bronner pulls a few surprises from his hat - The Wetumpka Herald: Opinion

"Superman's" palace--RSA Boardroom

The Huntsville Times called it “the ultimate recycling project.”

I call it “the ultimate Hat Trick.”--Bob Martin--The Montgomery Independent

Luring National Steel Car (NSC) to Alabama was hailed as a "victory" by former Governor Bob Riley in 2007. It was a short-lived economic win because, as Mr. Martin writes, "the company defaulted" on their loans and Retirement Systems of Alabama (RSA) became the new owners.

"Waiting For Superman"

David Bronner is the CEO of RSA.

Bronner has turned the brim around on the bad hat deal and found a tenant for the site in Navistar. It's deal that best hold together more cohesively than the last go around with NSC for Bronner's sake, but is there more to the Navistar announcement than meets the eye? Will the company's move result in a draining of union jobs in their northeast locations to the non-union right-to-work state of Alabama?

Navistar's Melrose Park, Illinois facility is almost the same square footage of the never materialized NSC facility in Alabama. Former employees aren't real happy (admittedly there is the potential for bias in their reviews) and describe the company as "stuck in the old ways...disorganized and less professional than competitors" along with this less-than-glowing accolade of the corporate environment at the Melrose Park location:

If you're a hard worker then management is more than happy to work the life out of you. Hard work, talent, and accomplishment as a rule do not lead to promotions, recognition, or advancement. The path to management is too often being loudest, brashest, most cut-throat person, not the most talented. Workplace politics, gossiping and rumors are excessive.
(Source: Glassdoor.com)

If there's one thing we don't need in Alabama, it's the presence of another oligarchic corporation made worse by the exploitative nature of wage suppressing right-to-work laws. Odds are Alabamians will be paid less than their union counterparts and be subject to the whims of management who will have a freer hand in taking advantage of workers.

Navistar recently announced on October 6th the loss of 186 jobs (only 27 are non-union) at its Ft. Wayne, Indiana facility:

FORT WAYNE – Fort Wayne will have 186 fewer jobs by the end of the year.

Navistar International Corp. on Wednesday notified the state of plans to eliminate 106 union positions and 27 non-union jobs by Dec. 31.

The cuts are scheduled to begin Dec. 2.

The company cites consolidation to its Chicago location, but the timing is a bit coincidental in light of the Alabama move in our opinion.

Republicans control Alabama on all levels of government and their disdain for unions is no secret--they've convinced the public (with the help of 'all right wing all the time' state radio) that unions are only a notch above chicken droppings in terms of value to society and companies interested in locating in Alabama:

(Governor) ...Bentley laid out an economic strategy that he said is designed to recruit new industry and help existing businesses to expand.

One of the keys to job growth, he said, is Alabama's status as a right-to-work state. That status makes it difficult for labor unions to organize, because workers are not required to join a union as a condition of employment.

"There are companies across the world that won't even consider you unless you're a right-to-work state," he said. "Your Asian companies, they won't even talk to you. So they're not going to Michigan. They're not going to the Northeast. They're coming to Alabama, and we're happy to have them."

Workers who belong to unions, however, have a different value determinant, and believe that union protection against corporate exploitation keeps them from being covered in droppings in terms of wages, rights, legislative representation and worker benefits.

If Navistar saves this NSC site from just being an expensive "rent house" for the RSA, then kudos to Bronner, but we'll have to wait and see if the workers join in on the Bronner "superman" acclaim.

David Bronner's annual salary of $611,000.00 makes him the highest paid state employee on the rolls. 

He should be capable of more than a hat trick or two at that taxpayer funded price!

Revolving Doors

Martin goes on to alert us to what he calls a "Montgomery Surprise." Leura Canary, former US Atty. for the Middle District of Alabama, has a new gig courtesy of Bronner (and Alabama taxpayer money) and she's joining Bronner's team of persuaders to better position RSA wants with the legislature's law making powers.

No need to hold the door for folks in positions of power in Alabama--many of them, like our former-governor-turned-lobbyist, tread easily on moving sidewalks leading to revolving doors of inside influence at the drop of a hat.

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Dr. Bentley's Rx: Deception--Costs and In-Depth Details of Elevated Highway 280 Plan Remain Hidden

Works of "art" or outdated concrete behemoths?

August 11, 2010 Stan Diel Birmingham News--Dr. Robert Bentley, the Republican candidate for governor in the November election, today said he favors building an elevated toll road over U.S. 280 to relieve congestion.

Governor "Dr. Dr." Bentley prides himself on his medical curriculum vitae and claims to be the "smartest man ever elected governor of Alabama." He's convinced himself he's just what Alabama needs and will cure all of our ills with his own brand of corporate-infused republican medicine. Especially our so-called current state budget crisis that's resulted in deep cuts to education, slashed social services and a gutting of numerous programs that directly affect regular folks who are struggling just to get by.

“Alabama is hurting, and we need a doctor,” Bentley, a former dermatologist from Tuscaloosa, told voters in last year’s campaign. Once he took office in January and looked at the patient — the budget — he said: “We’re a lot worse off than you think.”

Predictably, the usual suspects joined in the chorus of misery: Speaker of the House Mike 'Road Man' Hubbard and Senator Jabo "Clueless" Waggoner. Neither of these two political animals experiences life by the drop as most of Alabama does. The same public who did not create the mess are the ones being asked to bleed for the good of the state's insiders economic prosperity--i.e. private profit equals public pain.

The 'Dr. who can't' seems oblivious to the practice of good-for-the-folks medicine, because he refuses to end cronyism, despite promises to the contrary, and he's created a public-private merger through ADO and EDPA that in effect allows wealthy private corporations an all access pass to the state till and taxpayer's money. In addition to allowing the appointing of like-minded players to power positions within the framework of the organization and to state offices.

Creating a public-private partnership, and placing it in the hands of Alabama schemers, won't remedy our politician and corporate inflicted ills--in fact, they'll only worsen the sickness of corruption that got us into the state we're in now by allowing more insiders to walk away with millions in taxpayer money and leave communities holding the bag. Corruption, theft and abandonment of long-standing public policy are real possibilities in PPPs as they give rise to entities larger than the original government: they can become monstrous-sized power structures with a full stranglehold on democracy and public good.

“Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power” - Benito Mussolini

We're on a slippery slope that isn't going anywhere near the smaller government republicans swear they support.  Road building and economic development are the breeding grounds for these unholy alliances of state and corporate power. Foreign entities get in on the act too with groups like Cinta and Macquerie, who have been "nosing around in Alabama" looking for roads and bridges (Macquerie has one in Alabama already) to privatize and toll.

Will one of these two foreign investors own the Elevated Hwy 280 toll road? How can Alabama claim to pay for the project when the lion's share of toll fees will go out of the country? Isn't this selling off the state's infrastructure to the highest bidder? If the county a toll road runs through gets their hands on toll fees then Harris County, Texas should serve as a clear warning of the potential for misuse.
*(Must watch video at a republican campaign event in Texas of an audience member asking about PPP's and toll roads. The candidate sits down, a yes man jumps up, and with great animation addresses the audience member's query. Watch how quickly he evades real answers, executes a classic political bait and switch, and turns the argument into those "socialistic democrats" are the real problem lady!)

So many questions. So few demanding honest answers.

The special interests involved in the the antiquated Elevated Highway 280 plan are made up of some of these types of caballers: deep-pocketed campaign donors and selectively hand-picked beneficiaries of Alabama's supposedly hard-to-come-by greenbacks. Interests like the *road gang for one.
(*Section II-- "Who Is The Road Lobby?")

They're connected to Alabama's purse strings by way of Governors Riley and Bentley and consist of groups like: cement companies (ACPA SE, Cemex), an out-of-state engineering firm (Figg), and the strategically located likely road material supplier, White Rock Quarries (WRQ), who's set to blow the smithereens out of small town Vincent, Alabama. WRQ also just happens to be a subsidiary of the stinking rich Vecellio Group. Vecellio's subsidiaries include road building (Vecellio & Grogan is one of the largest in the nation) and asphalt companies among its corporate pool.

The coziness of certain players involved with the 280 idea and sheer coincidence of 'we do that too' is a bit too handy to discount as chance. Add to the mix that the second biggest take of the WRQ quarry profits goes straight into Shelby County's coffers, and their palpable disappointment that the project may not have gone forward starts to make a lot more sense to even a casual observer.

In March of 2010 ALDOT halted all work on the 280 project due to "a lack of consensus from local governments." Shelby County took a counter view to the Birmingham News and cried foul over the abrupt stoppage. (It's important to note that unchecked development by Shelby County created much of the traffic woes that exist on 280 today.) By the summer of 2010, after a full court press by certain entities working behind the scenes in all the cities that counted, from Jefferson to Shelby County, the project roared back to life as the must-build toll road to 'breathe life into our cities.'

Vincent's Mayor claimed the "town of Vincent cannot survive without the highway" and he used that claim to push through a fast vote on a resolution supporting the project. Does WRQ's Vincent Hills Quarry have anything to do with his fervent support and was he repeating instructed propaganda from BARD, who's creator and former Bentley transition team member, Stephen E. Bradley (Bradley & Associates), represents White Rock Quarries? Were Mr. Bradley and his BARD legal sidekick, Balch & Bingham lawyer Rob Fowler (also representing WRQ), the ones who led the charge to get as many cities on board as possible through those so-called supportive resolutions?

One other notable thread seems to run throughout the road gang and their high-minded ideas in Alabama: Figg Engineering.

CEO Linda Figg, who has close ties to Vecillio, suitably "impressed" former Governor Riley so much he put her company on the state dole in 2005. Figg has been raking in the megabucks from state coffers on projects around Alabama ever since, including the Hwy. 280 plan. She's a mover and shaker who carries substantial clout according to Concrete 2011:

Linda Figg: CEO Figg Engineering Group, Tallahassee, Florida, U.S.A. The Figg Group is a relatively small but highly influential consulting firm specialising in bridge engineering, with a portfolio of inspirational structures which have realised the company’s philosophy of ‘creating bridges as art.’

We would like to know why these special interest's projects, including the far from economically challenged Ms. Figg, don't seem to be suffering from the same "debridement procedure" that the good doctor governor is applying to programs that deeply hurt average and low-income Alabamians.

And why is ALDOT being evasive with their figures to Figg and others?

Queries have been made to ALDOT by numerous individuals asking for the full amount to date spent on (the now double its initial estimate of $800 million) the Elevated Highway 280 plan. So far, ALDOT is avoiding an honest answer. John Cooper, Director of Transportation for ALDOT, recently received the green light from Governor Bentley's ATRBTA board to "talk privately with an engineering company that (allegedly) came up with a lower cost estimate."

“Governor Robert Bentley believes transparency in government is critical to earning the trust of the people it serves.”

Bentley campaigned on that issue of transparency too. Yet, the board he chairs (and John Cooper sits on) thinks it's appropriate to conduct state business "privately" about a public use road project. Trust is gained through open transparency throughout a process and quickly lost by selectively applying transparency at will, Dr. Governor. Why is the cloak of unaccountability being thrown around your appointee Mr. Cooper?

What else is ARTBTA, Governor Bentley and ALDOT not telling us about this project?

And why can't the press get it right on what the actual figure is?

Birmingham News' transportation reporter, "Driving Miss Crazy" Ginny MacDonald, has stated in her online "Live Chat" that ALDOT has "paid out $316,000.00 on the Highway 280 study" as of early summer 2011. Where is she getting her low-balled information? From ALDOT's press chat room?

Ms. MacDonald has cited difficulty in obtaining the figure because of "ALDOT in-house work, private contractors, etc." but assured readers in the "Live Chat" forum she "will get the information" from ALDOT. 

We haven't experienced the degree of difficulty she claims to have encountered. In fact, without much effort, the VAC has a memo (displayed below) to ALDOT's Finance and Audits Department, dated June 8, 2010, requesting payment of a Figg Bridge Engineers invoice in the amount of $1,143,915.00.

That's just ONE invoice--from 16 months ago! And it's a much higher figure than Ms. MacDonald has been parroting to the public through the news media forum on a subject she claims to be knowledgeable about.

This one invoice is more information than has been reported in any news agency in the state on what has been charged to ALDOT --and state taxpayers-- by the company that has been working on the elevated toll road for years!

Transparency anyone?
Figg Eng. Invoice to ALDOT

More on this topic in a subsequent post about Governor Bentley recently repeating the Riley era mantra and asking the feds for sooner-than-agreed-to increases in Alabama's share of offshore oil and gas royalties. Road building and O&G royalties--yes, they are connected.

photo credit: David Johnstone

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Influence, Inc.--Alabama 2011 PAC List

"You have PAC A gives to PAC B and PAC B to PAC C and C to D. The candidate has D's money, but in fact it came from A. That's a smoke-and-mirrors game."--former Alabama Secretary of State Jim Bennett
AlabamaPACList2011

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In a League of His Own--Mayor William Bell

Birmingham Mayor William Bell is doing his level best to sidestep any taint from the Walter Energy contamination in north Birmingham by claiming that “until spring of this year he’d never been notified of soil contamination.” Bell’s coziness with the Birmingham Business Alliance (BBA), the entity who lured *Walter Energy away from Tampa where they had been headquartered since the end of WW II, makes us wonder if he’s being truthful about what he knew and when, or slyly covering for the generous corporate campaign and event sponsor at the direction of the BBA.

*entry #243--"I wish they were all this easy," said a beaming Jim Searcy, vice president of business and industry retention at Birmingham Business Alliance.

William Bell has always been a team player, but it's questionable whose team he has been a member of all these years--the one that benefits him or the one that steps up for his constituent's interests. Why isn't he going to bat for his citizens in north Birmingham? All we're hearing from him is excuses of why no one should put the bead on him for any responsibility in the toxic mess.

(On a side note, Walter Energy is up for takeover after their CEO of three months decided to call it quits. Watch for the next corporate owner to be hailed as yet another big bucks entity coming to Birmingham.)
 

In a recent CBS 42 “Deadly Deception” clip, Mayor Bell incredulously claimed that he was not permitted to even communicate with the EPA about the decades-old issue in north Birmingham or anything else EPA related:

“The EPA still had the Mayor of Birmingham, not William Bell, but the Mayor of Birmingham listed as being banned from being able to communicate any form, way shape or form, with the federal government, in particular the EPA.”

What Mr. Bell was referring to, and twisting to suit his purposes, is a move by the federal government in 2009 that came after former Mayor Larry Langford was indicted on bribery and conspiracy charges, which placed him on a federal “Excluded Parties List:”

Birmingham Mayor Larry Langford no longer has the authority to sign federal grant applications or enter into agreements that involve federal money as a result of his indictment on bribery and conspiracy charges.

Langford's name was placed on the federal government's Excluded Parties List -- a list of people and organizations barred from conducting business with federal agencies -- by the Environmental Protection Agency in March. Langford received a notice of the action in late February.

That action by the feds was to prevent Langford from having any more authority over federal grants and monies. It did not mean that Bell was "barred" from communicating with the EPA like he would have everyone believe with his recent statements. Unless he wants us to think that the EPA would not be willing to take a call from him that should have gone something like this:

‘I need help over here in my city Region 4, my residents are sick and dying because of a nearby coal plant. I'm hearing from them every day. We have three schools in the area and I am really worried about the children. Could you please send someone over here to do some testing and let’s see what we have going on over here?’

Bell never made that call and he’s never shown any concern for those residents until CBS 42 pulled back the curtain on the whole deal through their investigative reporting. Has anyone with CBS 42 put two and two together and questioned, among themselves, the validity of what Mayor Bell is now offering as an excuse?

Giving Bell the benefit of the doubt, that he really didn't understand, is not any more comforting because it suggests he isn’t sharp enough to comprehend the 2009 decision. The leader of a large metropolitan area should be quick on their feet in the critical thinking department and possess an ability to fully understand the detail and meaning of any federal actions directed at his city.

Blaming his inaction on Larry Langford's misdeeds is a lame ploy. And Bell knows it. He's a savvy political player who's well-versed in the game of misinformation and distraction.

We think he's playing the ‘I didn’t know’ card for political duck and cover in a publicly embarrassing situation while following the scripting of certain corporate interest coaches.

Much like the Birmingham News, who won't break themselves of the habit of protecting Walter Energy's misdeeds by continuing to use words like "voluntary cleanup," in addition to allowing Walter to continue the incessant parroting of their "good neighbor" and 'not our fault' nonsense.

We also find it ironic that Walter Energy teamed up with the Birmingham Barons and the Birmingham Civil Rights Institute for Jackie Robinson Day earlier this year. The Mayor has an on and off reputation for favoritism to minority rights and figures when it seems to suit his own agenda, financial interests and publicity stroking.

It’s a proclivity he often forgets when it comes to the Big Mules and the BBA’s pie-in-the-sky ideas. He’s way too caught up in his chameleon-like changeability of ‘I’m for my people until someone else has an economic scheme that will bring in the money and elevate my importance.’ Luring the Barons to Birmingham is high on Bell's list of importance.

With the Robinson tribute he got the trifecta--he appears (albeit selectively) racially sensitive, Walter Energy grateful and Birmingham Barons bone-throwing all rolled into one. But what has he done for those north Birmingham residents who have been suffering for years so far? Absolutely nothing, because there's no glory in it for him, and he knows he'll get a sackful of angry corporate cats (aka Walter Energy and the BBA) if he gets too involved with the little people.

It's a shame really, because he could have had his own Robinsonesque moment, if only he'd managed to call up enough courage to get on the right team just once in his long and often controversial political career.

Jackie Robinson’s contribution to baseball and his people deserved to have that honor in April, we won’t disagree with that, but of all the sponsors who could have been approached for the event the city chose Walter Energy. The same company who is the number one alleged suspect primarily responsible for the toxic poisoning in the minority neighborhoods of Collegeville and Harriman Park since 1989.

What would Jackie Robinson have said about that choice?

He would have called it what it is: foul ball.

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"Capitol City Plume"--Fifty City Block Toxic Underground Plume in Montgomery, Alabama

This story has a compelling similarity to the Walter Coke contamination in north Birmingham--state and federal environmental officials have known about the contamination for decades and have been slow to act in cleaning up the area, while development has proceeded at a fast clip. A statewide pattern seems to be finally making its way onto the public radar revealing Alabama to be systemically and dangerously contaminated.

There's a tradeoff cost in human health and life that doesn't seem to figure into our governmental and business leader's plans. We cannot seem to count on EPA Region 4 for help either--they too seem to be carrying the water for the developers and getting into the *PR business outside of their environmental and public safety watchdog purview.

*(linked further on down in article on the phrase "revitalization of downtown Montgomery")

How many other areas in Alabama is the deadly deception going on unbeknownst to the potentially-vulnerable-to-exposure general public? And why?  Here's a list for Alabama from the Center For Public Integrity National Priority sites. Five Alabama sites are on the "Most Dangerous Superfunds Sites" list. The Capital City Plume, according to the census figures from 2000, was affecting a population of 209,615.

News story July 26, 2011 Associated Press via Al.com state wire:

The Environmental Protection Agency has identified the Montgomery Advertiser as one of the entities that may have caused the plume when operating at its former location.

County Commission Chairman Elton Dean said he remains confident that the county did due diligence before purchasing the old newspaper building and turning it into the county's main building after renovations.

News story by Ben Flanagan Al.com September 28, 2010: "Montgomery Commission tests air quality of county building":

"During a search for the source of the problem, a black, sooty substance was discovered in several isolated areas on the original concrete structure, according to a press release. A sample of that substance was collected on Sept. 3 and sent to Sutherland Environmental Company, Inc., where it was analyzed for 58 volatile organic compounds. Fifty-five of the compounds were not detected but small concentrations of *three compounds were detected." *note that the substances are not identified.

Region 4 Superfund

The Capitol City Plume site is located in downtown Montgomery, Alabama. The contaminated ground water plume is believed to exist throughout the downtown area. In September 1993, the Alabama Department of Environmental Management (ADEM) began investigating a report of Tetrachloroethylene (PCE) soil contamination at the Retirement Systems of Alabama (RSA) Energy Plant site at the corner of Monroe Street and McDonough Street.

After 17 months of investigative work, ADEM came to the conclusion that there are a minimum of 6 ground water plumes contaminated with PCE and benzene, toluene, ethylbenzene and xylene (BTEX). The site covers an area from Alabama Street (south) to Pollard Street (north) and Court Street (west) to Union Street (east). 

In 1993, soil containing PCE was excavated during construction of the RSA Tower. The soil was removed and disposed of properly. The discovery of the PCE in the soil prompted ADEM to conduct a preliminary assessment of the area near the RSA Tower. The preliminary assessment performed by ADEM concluded that ground water was contaminated with PCE and BTEX.

Field work for the RI/FS began in March 2000 and was completed in 2003. Soil samples and ground water samples have been collected to delineate the areal extent of the contamination plumes. Analytical results from the ground water indicate that the shallow aquifer in the Montgomery downtown area is contaminated with PCE, BTEX, TCE (Trichloroethylene), and metals. 

Installation of 16 new monitoring wells and 16 temporary wells has been completed. The City has removed and plugged two shallow drinking water wells at the Court Street Pump Station but continues to pump drinking water from deep wells.
The City of Montgomery has implemented a moratorium on well drilling in the vicinity of the site (downtown area). Beginning in May 2006, the City began monitoring the ground water contamination through monitoring wells. Monitoring will continue for five years. The City will be sending the ground water monitoring data to ADEM and EPA Region 4.
The City of Montgomery has also been working with EPA in implementing a voluntary phytoremediation effort in the ground water plume to reduce risk to human health and the environment.

A supplemental remedial investigation took place in stages from August 2008 to the present. *Sample results have identified sources of contamination and the time at which the contamination was discharged to the environment.

*Please note the above sentence which states that there are "identified sources of contamination" while this linked narrative from May 11, 2000 cites only "potential sources" generally identified without a specific business name as "a chemical wholesaler, airport maintenance shops, airport fueling areas, an auto repair shop and a dry cleaner."

Site investigation activities are being led primarily by EPA and the United States Geological Survey.

From August 2-5, 2011, EPA and USGS representatives will conduct field sampling activities to further delineate the groundwater contamination as well as to assess if vapor intrusion is taking place in an existing Montgomery County building.

Who's making the decision to "move forward with privately-funded activities" instead of applying for Superfund monies to clean up this massive twenty year old contamination?

On August 1, 2011, EPA will meet with representatives of two potentially-responsible parties identified in a Site remedial investigation, Alabama Department of Environmental Management, City of Montgomery, USGS, and Montgomery Water Works representatives to discuss moving forward with privately-funded activities related to Site characterization and remediation. 

Alabama could have applied for the $600,000,000 made available for Superfund cleanup from the 2009 Stimulus Funds but they did not make any applications for a percent of the available money in this area: (but they did in many other areas for federal handouts)

Hazardous Substances Superfund - (Alabama will not be receiving stimulus funds for this program)

(National Appropriation: $600,000,000)

Description: This program provides additional funding to the Environmental Protection Agency for the Superfund Remedial Program. This program allows states to enter in competitive agreements with the EPA to conduct certain remedial actions at Superfund sites and receive a credit from the government for 90 percent of eligible expenses.

John Archibald, of the Birmingham News, in one of his recent columns offered this statement about Alabama's rampant pollution and economic development mindset: "That's traditional Alabama values again: better dead than unprofitable." EPA Region 4 seems to go along with that idea, especially since they knew about the CC Plume, in the following statements on the *revitalization of downtown Montgomery and the importance of 'sticking to the plan':

Capitol City Ground Water PlumeGround water in western portions of downtown Montgomery, Alabama, is contaminated with trichloroethylene (TCE) and perchloroethylene (PCE), chemicals commonly used in dry cleaning and cleaning of machine parts. Work to assess the ground water contamination and develop the site’s cleanup plan is currently ongoing. The City of Montgomery is working closely with EPA to facilitate the site’s cleanup. Downtown Montgomery remains open for business during the site’s ground water cleanup. Land uses include retail districts, neighborhoods, parks, offices and industrial areas. The revitalization of Montgomery’s downtown is a major community priority. The area is recognized as the “heart of the city.” Recent redevelopment projects include the Montgomery Biscuits minor league baseball stadium, retail centers, downtown apartments and restaurants.

Have our business leaders, politicians, economic developers and state agencies simply lost their minds from the effects of all the pollution or are they just out to eliminate the undesirable elements of Alabama's communities? The location of the Capital City Plume seems to negate the latter, because a large portion of the businesses and developments in the affected area are housing some of our state elites, primarily in the RSA Tower Complex of Montgomery, located in the toxic zone.

So what other possibility does that leave us as to why Alabama continues to labor under the delusion of their favorite hackney-eyed, overused phrase of describing economic development as "world class?" There's nothing blue ribbon or superior about any development that comes with a staggering cost of health to a large segment of people.

Unless Archibald's right--"better dead than unprofitable."

Or maybe it's something else entirely consisting of the usual BARD suspects and their webs of deceit.

Maybe it's a combination of the two strengthened by the political pay to play system our legislators have grown ridiculously accustomed to.

Whatever the reasons, the citizens of this state deserve truth, accountability and transparency with information that directly affects the quality of their lives and not the same old deadly deceptions of business as usual.

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A Threat or A Promise? Southern Company May Announce Coal Retirements

Josh Galeprin, Esq. writing for cleanenergy.org dismantles the Southern Company's arguments against following the rules of the Clean Air Act (CAA) and the Clean Water Act (CWA) under a new proposal by the EPA requiring stricter limits on utility emissions.

In typical Southern Company fashion, they would rather fight than switch.

Southern Company CEO Tom Fanning testified before the House Subcommittee on Energy and Power in April bemoaning the loss of revenue, jobs and increased rates to customers as his reasons to delay the EPA's looming deadline of implementation for the stricter rules.

Mr. Fanning had a lot to say to the subcommittee, but what was conspicuously absent from his testimony were the huge health costs and consequences to the public at large if Congress agreed to the delay he was asking them for.

Not one word about those, but plenty about the money and 'inconvenience' to his company.

Southern's website has this motto: "Think Bold, Act Sure"

John Walke director of the Clean Air Program for the National Resources Defense Councilof the National Resources Defense Council has something to say about that motto and Southern's decades-old bad attitude towards responsibility, compliance and accountabilty:

The public deserves to know why Southern’s “boldness” does not include taking responsibility for its air pollution and the consequences, while it “acts sure” that we won’t notice how much our public health is suffering. 

We couldn't agree more with Mr Walke and Mr. Galeprin.

This is all coming to head with a ruling from the SCOTUS on June 20th rebuking lawsuits "brought by states against power plants to reduce their emissions as a public nuisance." The SCOTUS ruled that the ultimate authority lies with the EPA following a Bush era ruling in Massachusetts vs EPA case from 2007.

In that case, the high court ruled against the Bush administration's position and confirmed that the EPA does have a duty to protect the public from dangerous smokestack emissions and carbon pollution under authority granted to the agency through the CAA & CWA.

Big business has been fighting the ruling ever since and no utility has resisted as stubbornly as the Southern Company (John Walke):

Forty years after the Clean Air Act was enacted, half of Southern’s power plant units still lack basic pollution control equipment called scrubbers that reduce the most deadly forms of air pollution.

Other utility companies, from Duke Energy serving the Carolinas and Midwestern states to Constellation Energy serving Mid-Atlantic, New England and other states, have said they stand ready to comply with the standards on time.

Not Southern.

It’s not as if the company hasn’t known these standards were coming, since they are more than a decade overdue.

But Southern has chosen to continually put off cleaning up all of their dirtiest power plants, and now wants to continue the delay even longer.

In the meantime, people continue to die, get sick and miss work and school because of the pollutants that Southern and other power companies spew into our air. 

Monday's ruling by the SCOTUS "puts the spotlight" squarely on the EPA to act in the best interest of the public. We're hoping they will continue their forward march to finally reign in the big polluters, but we're not going to hold our breath that will happen.

The EPA has dropped the ball in the last year on stricter coal ash regulations and boiler emissions rules implementation after signaling itself ready to crack down hard on both known sources of highly risky toxins. Despite the winds of heavy public sentiment in favor of increased oversight to push forward, the EPA caved to industry pressure and refused to act.

The EPA's reluctance might have something to do with the methods behind Southern's motto: big corporate money "thinks bold" in buying lawmakers sympathies through generous donations and it's agenda "acts sure" of its ability to persuade governmental agencies to back off.

Photo credit:  SF Gate Charlie Riedel AP

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While Slowing BP Spill, Administration Slowed Flow of Information Too, Claims Coast Guard Report

Fox News got this one right.

WASHINGTON -- The Obama administration failed to set up an "effective" communications system during last year's BP oil spill and threatened its own credibility by "severely restricting" the release of "timely, accurate information," according to a newly released report commissioned by the U.S. Coast Guard.

Quietly posted on the Coast Guard's website two weeks ago, the report offers the first major assessment of the federal government's communications efforts during the worst oil spill in U.S. history.

Information centers in Houma, La., and Mobile, Ala. -- established by the Coast Guard in accordance with pre-set plans for major disasters -- were "effectively muted," the report reads.

Photographs could not be released without Washington's blessing, and Coast Guard officials leading efforts on the ground "were not authorized to conduct media interviews, hold press conferences or send press releases without prior approval from DHS," according to the report.

Asked about the report, sources with knowledge of White House and DHS involvement went even further, saying the administration "looked at this as a political problem, not an operational problem." After all, one source said, the 2010 midterm elections were drawing closer as the oil spill crisis deepened, and the White House "went into campaign mode."

In a statement to Fox News, a Coast Guard spokesman said the newly released report "does not reflect the views of the Coast Guard," but one of the sources with knowledge of White House involvement said it "depends on who you talk to." Essentially, the source said, the oil spill response created "a clash of cultures," with operational needs scraping against political ones.

Nevertheless, the report states the communications system put in place was a departure from prior practice, with White House and DHS officials in Washington becoming gatekeepers to information about developments in the Gulf Coast.

"If any level of the response organization is restricted from interacting with the media and the public in any way, it has the potential to damage the credibility of the Federal Government and erode public trust," the report reads.

In addition, the source who said the White House "looked at this as a political problem, not an operational problem" noted the Bush administration looked through a similar prism and likewise took control of the message during Hurricane Katrina in 2005.

"Negative press equals lost votes," the source said. "It's not a political party thing, it's about political operatives and what's in their comfort zone."

The full report is imbedded below and shows failures on many levels to be adequately prepared for a disaster of the magnitude of the BP Spill. In the wake of the ExxonValdez spill, one would think some valuable lessons had been learned, but it appears that was not the case.

Equally troubling is the dismissive attitude of the WH about this CG report:

The administration official, meanwhile, dismissed the report, which offers no direct attribution for its statements, as little more than "an opinion piece." Only six pages of the 167 pages address the issue of "external communications," with the rest of the report analyzing other aspects of the response like other recent reports have. 

"Compared to the meticulously researched and sourced Oil Spill Commission Report (released Wednesday), this one is sufficiently lacking in both and, as such, is being received accordingly," the official said.

Many suspect that the governmental response to the spill was far less than adequate and even though the administration is dismissive in tone, there does appear to be a strong political element to the disaster response. Which leaves us wondering why mid term elections and office position were more important than one of the biggest environmental disasters of our times.

Especially in the Gulf which is the site of hundreds of oil and gas wells, and if someone needs to get oil spill response preparedness right, the Gulf would be at the top of the list.

Yet, permits are still being issued and assurances of renewed responsibility are abundant on the same sub sea containment systems that got us to this disaster in the first place.

Anybody see anything wrong with this picture besides us?
BP Deepwater Horizon Oil Spill Incident Specific Preparedness Review (ISPR) Final Report*

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