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Donald Rumsfeld's Legacy Is Defined by the Disastrous Iraq War and America's Disgraceful Use of Torture |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=59975"><span class="small">John Haltiwanger, MSN</span></a>
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Thursday, 01 July 2021 12:45 |
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Haltiwanger writes: "The fighting between the US and Iran-backed militias is intrinsically tied to Rumsfeld's legacy."
Former U.S. Defense Secretary Donald Rumsfeld. (photo: Jonathan Ernst/Reuters)

Donald Rumsfeld's Legacy Is Defined by the Disastrous Iraq War and America's Disgraceful Use of Torture
By John Haltiwanger, MSN
01 July 21
n the days leading up to Donald Rumsfeld's death, the US targeted Iranian proxy fighters along the Iraq-Syria border with airstrikes in what the Pentagon said was a "defensive" response to drone attacks on American forces in the region.
The fighting between the US and Iran-backed militias is intrinsically tied to Rumsfeld's legacy. The 2003 US invasion of Iraq and removal of its dictator created a power vacuum that Iran took advantage of, using it as an opportunity to prop up Shiite Islamist militias and political parties that vie for power in Iraq and counter America's agenda and troops.
As former President George W. Bush's secretary of defense from 2001 to 2006, Rumsfeld was one of the main architects of the 2003 Iraq War and a proponent of the torture methods that damaged America's global standing. He played a central role in selling the false notion that Saddam Hussein was actively developing weapons of mass destruction (WMDs) that posed a direct threat to the US. Later, Rumsfeld referred to his baseless assertions about WMDs in Iraq as "misstatements."
In one of his most infamous statements about the war, Rumsfeld once dismissed looting that occurred shortly after the invasion by simply stating: "Stuff happens."
The war was a costly disaster for Rumsfeld's political career and in far more reverberating ways, with the conflict claiming many Iraqi and American lives while undermining US credibility worldwide.
The "global war on terror," which the Iraq invasion was fundamentally linked to and began while Rumsfeld was Pentagon chief, has also been an exorbitantly expensive debacle. It's claimed over 800,000 lives, displaced at least 37 million, and the US government places the price-tag around $6.4 trillion, according to the Brown University's Costs of War project, which estimated that as many as 308,000 people directly died as a result of the war's violence.
The 2003 Iraq invasion also helped catalyze the rise of the Islamic State or ISIS, a terrorist organization that has claimed responsibility for devastating attacks across the globe. ISIS was initially founded as "Al Qaeda in Iraq" in 2004. By 2014, ISIS declared a caliphate as it controlled a large swath of territory across Iraq and Syria. ISIS lost its territorial holdings and has seen top leaders killed, but is still viewed as a threat by the US and its Western allies.
"ISIS, al-Qa'ida, and Iran and its militant allies continue to plot terrorist attacks against US persons and interests, including to varying degrees in the United States. Despite leadership losses, terrorist groups have shown great resiliency and are taking advantage of ungoverned areas to rebuild," the US intelligence community said in its annual threat assessment released in April. The US maintains a presence of roughly 2,500 troops in Iraq as part of the international coalition continuing to fight the remnants of ISIS.
Rumsfeld in his 2011 memoir said he had no regrets about the 2003 Iraq War because it took out Saddam Hussein, which he said helped stabilized the Middle East. History tells a different story.
"While the road not traveled always looks smoother, the cold reality of a Hussein regime in Baghdad most likely would mean a Middle East far more perilous than it is today," Rumsfeld said. "Our failure to confront Iraq would have sent a message to other nations that neither America nor any other nation was willing to stand in the way of their support for terrorism and pursuit of weapons of mass destruction."
Years before the 2003 invasion, Rumsfeld served as the Reagan administration's special Middle East envoy. At the time, he met with Hussein and offered the Iraqi leader assistance - even though the US knew that Hussein was using chemical weapons against Iran amid a devastating conflict.
Rumsfeld was also a documented proponent of enhanced interrogation techniques - or torture.
In one memo that Rumsfeld signed as defense secretary approving the use of torture on detainees, he wrote a handwritten note asking why they would only be required to stand for four hours.
A December 2008 Senate report also concluded that Abu Ghraib torture scandal was a product of the interrogation techniques approved by Rumsfeld and other top Bush administration officials.
Human rights groups and civil liberties groups like the ACLU filed unsuccessful lawsuits against Rumsfeld over his involvement in America's use of torture. Such organizations pointed to this legacy as they reacted to the news of Rumsfeld's death.
"Rumsfeld may be dead, but other senior Bush administration officials are alive and well and available for criminal investigation into torture," Andrea Prasow, deputy Washington irector at Human Rights Watch, said in a tweet.
Jameel Jaffer, the executive director of the Knight First Amendment Institute at Columbia University, tweeted that the "top of every obituary" should state that he "gave the orders that resulted in the abuse and torture of hundreds of prisoners in US custody in Afghanistan, Iraq, and Guantanamo Bay."

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Bill Cosby's Release Is Exactly Why Rape Survivors Don't Come Forward |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49667"><span class="small">Moira Donegan, Guardian UK</span></a>
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Thursday, 01 July 2021 12:45 |
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Donegan writes: "Bill Cosby was released from a Pennsylvania prison on Wednesday after the Pennsylvania supreme court vacated his 2018 conviction for drugging and sexually assaulting Andrea Constand in 2004."
'In cases like Cosby's, a high-profile trial offers many women a moment of minor catharisis.' (photo: Mark Makela/Reuters)

Bill Cosby's Release Is Exactly Why Rape Survivors Don't Come Forward
By Moira Donegan, Guardian UK
01 July 21
The conviction of a high-profile rapist sends a message women rarely hear: rape is wrong. Cosby’s release snatches that away
ill Cosby was released from a Pennsylvania prison on Wednesday after the Pennsylvania supreme court vacated his 2018 conviction for drugging and sexually assaulting Andrea Constand in 2004. Cosby, who has been accused of a pattern of drugging women and then raping or sexually assaulting them while they were unconscious, is out on a technicality: the court found that a prosecutor mishandled incriminating testimony that the comedian had given in a 2004 civil suit, and hence threw out his 2018 criminal trial. But according to the court’s ruling, Cosby cannot be retried, either. His release on these charges is final. He will never serve another day in prison for the assault of Andrea Constand.
Though it was Constand’s accusation that sent Cosby to prison for three years, the television star has been accused of similar assaults by dozens of women. Their claims span decades, and are remarkably consistent. Some, like Constand, took pills that Cosby told them were herbal supplements. Others simply woke up, without any recollection of what happened, undressed and in pain. More than a dozen of these women testified in the 2004 civil suit; more went public as the years went on, and Cosby’s career and reputation remained unchanged. In a 2014 interview with Vice, one of Cosby’s alleged victims, Barbara Bowman, described allegations she had been told by other women who said they had been attacked by Cosby: “Some of them escaped by crawling out of the door and crawling into the street and somehow getting home, barely conscious.”
As of this writing, more than 60 women have come forward to claim that they were drugged and attacked by Cosby. The number is large enough that it can acquire the sterility of a statistic. But it is worth dwelling on how large a number it is. If you have a moment, try counting to 60. It takes a long time.
And so though it was only his attack of Constand that Cosby was formally charged and tried for, his conviction was a vindication for all of his victims. District attorneys in some of the jurisdictions where Cosby allegedly attacked these women, such as Los Angeles, have declined to bring charges; other accusers find that their attacks happened outside the statute of limitations; still other women did not have enough corroborating evidence to make their claims feasible to win, or appealing to a prosecutor to charge. Constand was different: in her case, the stars had aligned to make her attack eligible, her case winnable, and a prosecutor willing. For all the other women Cosby attacked, his conviction was the closest thing to justice that they are ever likely to get. Now that he is free, and his conviction overturned, that partial, and indirect vindication has been revoked. It was already less than what they deserved, and now, it has been taken away.
Even though they were not able to bring criminal charges against Cosby, those 59 other women who have publicly accused him of drugging and attacking them are already different from the majority of sexual assault victims, who never come forward at all. According to the Rape, Abuse, and Incest National Network, or Rainn, approximately 70% of sexual assaults are never reported – a much higher rate of non-reporting than for other violent crimes. And of that small minority of attacks that are reported, only about 16% are ever prosecuted – a much lower prosecution rate than for other violent crimes. For all the pious niceties issued by police and prosecutors about the gravity of sexual violence and the courage shown by survivors, the truth is that the neither police nor district attorneys behave as if they really feel that sexual assault is as serious an issue as they claim. Attacks of the kind that Cosby carried out are often felt as deeply painful and humiliating to the victims (“Bill Cosby took my beautiful, healthy young spirit and crushed it,” Constand has said of her assault), but it is not treated with anything like a commensurate solemnity by the criminal justice system.
And so for the millions of women who saw Cosby be convicted in 2018, his trial was a rare opportunity to experience a vindication by proxy for the rapes, assaults and indignities that they themselves had suffered, committed by men they know will never see the inside of a courtroom. The scale of sexual violence is so great, and the instance of consequences for it is so rare, that in cases like Cosby’s, a high-profile trial offers many women a moment of minor catharsis – even when it is not their attacker, even when their own attacker will never face any justice at all. They cannot make the system fair for themselves, or for the man who attacked them. But they can see it be fair for another women, and see another man get part of what he deserves. The conviction of a high-profile rapist thereby sends a social message that women rarely hear: that rape is wrong, and that sometimes, institutions will actually behave as if it is wrong.
Cosby’s release snatches away that symbolism, and the hope it represents, offering instead the cold certainty that rape will not be punished; that the law recognizes women as citizens only in the abstract; that society punishes violence only when it is not gender violence. Cosby’s conviction was overturned based on a minor legal point, and seems to have been the product of prosecutorial incompetence. But the details are almost immaterial in the wake of his release, which in hindsight feels as if it was inevitable. Of course he was not going to be punished; of course no legal body would find that those women – even together, even in their great numbers – were as important as he was. For me, part of the insult of Cosby’s release is that it makes me realize I was stupid for not predicting it. After all, this is why most sexual violence accusers don’t come forward in the first place: they already know that justice is not on offer.

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An All-American Horror Story: Three-Quarters of a Century of Nuclear Follies - and That's Just Where to Begin |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=6396"><span class="small">Tom Engelhardt, TomDispatch</span></a>
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Thursday, 01 July 2021 12:45 |
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Engelhardt writes: "Still, just in case you hadn't noticed, our present moment could easily be imagined as straight out of a science-fiction novel that, even at my age, I'd prefer not to read by flashlight in the dark of night."
Nuclear-capable U.S. Air Force B-1B Lancer assigned to the 9th Expeditionary Bomb Squadron, deployed from Dyess Air Force Base, Texas. (photo: Airman 1st Class Jacob Skovo/U.S. Air Force)

An All-American Horror Story: Three-Quarters of a Century of Nuclear Follies - and That's Just Where to Begin
By Tom Engelhardt, TomDispatch
01 July 21
Note for TomDispatch Readers: Let me say that, almost every day, one, sometimes several messages appear in my email box with the subject line “You have received a recurring donation.” The “you,” of course, is TomDispatch, not me. I always open them, note the sum, and then look at the name and the place where the donor lives. And I’m eternally amazed. TomDispatch readers offering monthly or quarterly support come from around the world, New Zealand and Australia to South Korea, France, and Germany, but also from across this country in state after state (and not faintly just the places you might expect either). It’s always a kind of heartwarming thrill for me to see your names and home addresses, but a thrill with distinct regrets because I wish I could thank every one of you. Instead, given my reasonably (or unreasonably) mad life keeping TomDispatch going from one post to the next, I never thank any of you. So, this is my chance to tell all of you that, believe me, I see each of your names and after all these years, even if I don’t express it, I’m immeasurably grateful. And for any other readers who would like to support this site so thanklessly, don’t hesitate to check out our donation page and think about what you might do. Again, to all of you, my deepest thanks, forever and ever. By the way, TD will be taking the July 4th weekend off. Back on Tuesday.
-Tom Engelhardt, TomDispatch
es, once upon a time I regularly absorbed science fiction and imagined futures of wonder, but mainly of horror. What else could you think, if you read H.G. Wells’s War of the Worlds under the covers by flashlight while your parents thought you were asleep? Of course, that novel was a futuristic fantasy, involving as it did Martians arriving in London to take out humanity. Sixty-odd years after secretly reading that book and wondering about the future that would someday be mine, I’m living, it seems, in that very future, however Martian-less it might be. Still, just in case you hadn’t noticed, our present moment could easily be imagined as straight out of a science-fiction novel that, even at my age, I’d prefer not to read by flashlight in the dark of night.
I mean, I was barely one when Hiroshima was obliterated by a single atomic bomb. In the splintering of a moment and the mushroom cloud that followed, a genuinely apocalyptic power that had once rested only in the hands of the gods (and perhaps science-fiction authors) became an everyday part of our all-too-human world. From that day on, it was possible to imagine that we — not the Martians or the gods — could end it all. It became possible to imagine that we ourselves were the apocalypse. And give us credit. If we haven’t actually done so yet, neither have we done a bad job when it comes to preparing the way for just such a conclusion to human history.
Let’s put this in perspective. In the pandemic year 2020, 76 years after two American atomic bombs left the cities of Hiroshima and Nagasaki in ashes, the world’s nuclear powers actually increased spending on nuclear weapons by $1.4 billion more than they had put out the previous year. And that increase was only a small percentage of the ongoing investment of those nine — yes, nine — countries in their growing nuclear arsenals. Worse yet, if you happen to be an American, more than half of the total 2020 “investment” in weaponry appropriate for world-ending scenarios, $37.4 billion to be exact, was plunked down by our own country. (A staggering $13.3 billion was given to weapons maker Northrop Grumman alone to begin the development of a new intercontinental ballistic missile, or ICBM, the one thing our thoroughly troubled world obviously needs.) In all, those nine nuclear powers spent an estimated $137,000 a minute in 2020 to “improve” their arsenals — the ones that, if ever used, could end history as we know it.
In the Dust of the History of Death
Imagine for a second if all that money had instead been devoted to creating and disseminating vaccines for most of the world’s population, which has yet to receive such shots and so be rescued from the ravages of Covid-19, itself a death-dealing, sci-fi-style nightmare of the first order. But how could I even think such a thing when, in the decades since this country dropped that first atomic bomb on Hiroshima, it’s learned its atomic lessons all too well? Otherwise, why would its leaders now be planning to devote at least $1.7 trillion over the next three decades to “modernizing” what’s already the most modern nuclear arsenal on the planet?
Let me just add that I visited Hiroshima once upon a time with a Japanese colleague who had been born on an island off the coast of atomically destroyed Nagasaki. In 1982, he took me to the Hiroshima Peace Memorial Museum, which, despite exhibiting a carbonized child’s lunchbox and permanently imprinted human shadows, can obviously offer a visitor only a hint of what it was actually like to experience the end of the world, thanks to a single bomb. And yet I found the experience so deeply unsettling that, when I returned home to New York City, I could barely talk about it.
Admittedly, though nine countries now possess nuclear weapons, most of them significantly more powerful than the single bomb that turned Hiroshima into a landscape of rubble, not one has ever been used in war. And that should be considered a miracle on a planet where, when it comes to weapons and war, miracles of any sort tend to be few and far between. After all, it’s estimated that, in 2020, this country alone had more than 5,000 nuclear weapons, at least 1,300 of them deployed and ready to use — enough, that is, to destroy several worlds.
Consider it an irony of the first order, then, that U.S. leaders have spent years focused on trying to keep the Iranians from making a single nuclear weapon, but not for a day, not for an hour, not for a second on keeping this country from producing ever more of them and the delivery systems that would distribute them anywhere on this planet. In that light, just consider, for instance, that, in 2021, the U.S. is preparing to invest more than $100 billion in producing a totally new ICBM, whose total cost over its “lifespan” (though perhaps the correct word would be “deathspan”) is already projected at $264 billion — and that’s before the cost overruns even begin. All of this for a future that… well, your guess is as good as mine.
Or consider that, only recently, the American and Russian heads of state, the two countries with by far the biggest nuclear arsenals, met in Geneva, Switzerland, and talked for hours, especially about cyberwar, while spending little appreciable time considering how to rein in their most devastating weaponry and head the planet toward a denuclearized future.
And keep in mind that all of this is happening on a planet where it’s now commonplace scientific knowledge that even a nuclear war between two regional powers, India and Pakistan, could throw so many particulates into the atmosphere as to create a nuclear winter on this planet, one likely to starve to death billions of us. In other words, just one regional nuclear conflict could leave the chaos and horror of the Covid-19 pandemic in the unimpressive dust of the history of death.
A Slow-Motion Hiroshima?
And yet, here’s perhaps the strangest thing of all: we’re still convinced that, since the obliteration of Hiroshima and Nagasaki, no matter how much world-ending weaponry has been stockpiled by China, France, India, Israel, North Korea, Pakistan, Russia, the United Kingdom, and the United States, none has been used. Unfortunately, that should increasingly be seen as a Martian-less fantasy of the first order.
While it’s seldom thought of that way, climate change should really be reimagined as the equivalent of a slow-motion nuclear holocaust. Hiroshima took place in literally seconds, a single blinding flash of heat. Global warming will prove to be a matter of years, decades, even centuries of heat.
That all-too-apocalyptic phenomenon was set off in the nineteenth century via the coal-burning that accompanied the industrial revolution, first in Great Britain and then elsewhere across the planet. It’s only continued over all these years thanks to the burning, above all, of fossil fuels — oil and natural gas — and the release of carbon (and methane) into the atmosphere. In the case of climate change, there are no ICBMs, no nuclear-missile-armed submarines, no nuclear bombers. Instead, there are oil and natural gas companies, whose CEOs, regularly abetted by governments, have proven all too ready to destroy this planet for record profits. They’ve been perfectly willing to burn fossil fuels in a criminal fashion until, quite literally, the end of time. Worse yet, they generally knew just what kind of harm they were causing long before most of the rest of us and, in response, actively supported climate denialism.
No, there was no mushroom cloud, but rather a “cloud” of greenhouse gases forming over endless years beyond human vision. Still, let’s face it, on this planet of ours, not in 2031 or 2051 or 2101 but right at this very moment, we’re beginning to experience the equivalent of a slow-motion nuclear war.
In a sense, we’re already living through a modern slo-mo version of Hiroshima, no matter where we are or where we’ve traveled. At this moment, with an increasingly fierce megadrought gripping the West and Southwest, the likes of which hasn’t been experienced in at least 1,200 years, among the top candidates for an American Hiroshima would be Phoenix (118 degrees), Las Vegas (114 degrees), the aptly named Death Valley (128 degrees), Palm Springs (123 degrees), and Salt Lake City (107), all record temperatures for this season. A recent report suggests that temperatures in famed Yellowstone National Park are now as high or higher than at any time in the past 20,000 years (and possibly in the last 800,000 years). And temperatures in Oregon and Washington are already soaring in record fashion with more to come, even as the fire season across the West arrives earlier and more fiercely each year. As I write this, for instance, California’s Big Sur region is ablaze in a striking fashion, among growing numbers of western fires. Under the circumstances, ironically enough, one of the only reasons some temperature records might not be set is that sun-blocking smoke from those fires might suppress the heat somewhat.
You should know that you’re on a different planet when even the most mainstream of news sources begins to put climate change in the lead in environmental pieces, as in this recent first sentence of a CNN report: “The incredible pictures of a depleted Lake Mead, on the Nevada-Arizona border, illustrate the effects of drought brought on by climate change.”
You could also imagine our modern Hiroshimas in the Florida Keys, where inexorably rising sea levels, due in part to the massive melting of ice in Greenland and Antarctica, are already threatening that especially low-lying part of that southern state. Or perhaps the Gulf Coast would qualify, since the heating waters of the Atlantic are now creating record tropical-storm and hurricane seasons that, like the heat and fires in the West, seem to arrive earlier each year. (One Florida city, Miami, is already contemplating building a massive seawall to protect itself against devastating future storm surges.)
In this desperately elongated version of nuclear war, everything being experienced in this country (and in a similar fashion around the world, from Australia’s brutally historic wildfires to a recent heat wave in the Persian Gulf, where temperatures topped 125 degrees) will only grow ever more extreme, even if, by some miracle, those nuclear weapons are kept under wraps. After all, according to a new NASA study, the planet has been trapping far more heat than imagined in this century so far. In addition, a recently revealed draft of an Intergovernmental Panel on Climate Change report suggests that our over-heating future will only grow worse in ways that hadn’t previously been imagined. Tipping points may be reached — from the melting of polar ice sheets and Arctic permafrost (releasing vast amounts of methane into the atmosphere) to the possible transformation of much of the Amazon rain forest into savannah — that could affect the lives of our children and grandchildren disastrously for decades to come. And that would be the case even if greenhouse-gas releases are brought under control relatively quickly.
Once upon a time, who could have imagined that humanity would inherit the kinds of apocalyptic powers previously left to the gods or that, when we finally noticed them, we would prove eerily unable to respond? Even if another nuclear weapon is never used, we stand capable, in slow-motion fashion, of making significant parts of our world uninhabitable — or, for that matter, if we were to act soon, keeping it at least reasonably habitable into the distant future.
Imagine, just as a modest start, a planet on which every dollar earmarked for nuclear weapons would be invested in a green set of solutions to a world growing by the year ever warmer, ever redder, ever less inhabitable.
Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Books, John Feffer’s new dystopian novel, Songlands (the final one in his Splinterlands series), Beverly Gologorsky’s novel Every Body Has a Story, and Tom Engelhardt’s A Nation Unmade by War, as well as Alfred McCoy’s In the Shadows of the American Century: The Rise and Decline of U.S. Global Power and John Dower’s The Violent American Century: War and Terror Since World War II.
Tom Engelhardt created and runs the website TomDispatch.com. He is also a co-founder of the American Empire Project and the author of a highly praised history of American triumphalism in the Cold War, The End of Victory Culture. A fellow of the Type Media Center, his sixth and latest book is A Nation Unmade by War.

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Biden EPA Appears to Side With Chemical Industry in Microplastics Health Conflict |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=59974"><span class="small">Emma Howard, Greenpeace</span></a>
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Thursday, 01 July 2021 12:45 |
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Howard writes: "Trade groups representing the world's biggest oil and chemical companies - including BASF, ExxonMobil, Dow Chemical, DuPont, Ineos, BP and Shell - are opposing the global regulation of toxic and persistent chemicals in microplastics, according to documents obtained by Unearthed."
A beach in Italy strewn with microplastics, transported during a sea storm. (photo: Alfonso Di Vincenzo/Getty)

Biden EPA Appears to Side With Chemical Industry in Microplastics Health Conflict
By Emma Howard, Greenpeace
01 July 21
A proposal at the UN’s Stockholm convention could set a precedent for the regulation of chemicals in microplastics, but trade groups have opposed it
rade groups representing the world’s biggest oil and chemical companies – including BASF, ExxonMobil, Dow Chemical, DuPont, Ineos, BP and Shell – are opposing the global regulation of toxic and persistent chemicals in microplastics, according to documents obtained by Unearthed.
The industry argued that there is still insufficient evidence to justify the incorporation of the plastic additive UV-328 into the Stockholm Convention, the UN’s global treaty on persistent organic pollutants (POPs) – chemicals which, once released, do not easily break down in nature.
Its inclusion would lead to bans on its production and use – and could be a landmark for the regulation of chemicals that spread around the world via microplastics and plastic waste.
The Biden administration appears to be supporting the industry position on UV-328.
Microplastics now seem to be ubiquitous, with particles detected in food, water, air and animals, and even human stools. Much less is known about their impact and relatively little research has been done on UV-328, but scientists are concerned that it does not break down easily in the environment, accumulates in organisms and may cause harm to wildlife or human health.
It has also raised concerns among some Indigenous people in the Arctic because it is a major sink for plastic pollution and such communities are often more exposed to POPs through the traditional foods they eat.
Viola Waghiyi, who is a Native Village of Savoonga tribal citizen, part of a Yupik indigenous community on Sivuqaq in the Arctic, and recently appointed to Biden’s new White House environmental justice advisory council, criticised the US’ position.
“We’re concerned that this chemical has reached the Arctic and could be toxic, but this is not just about one chemical,” she told Unearthed. “Our community has already been so exposed to so many chemicals. The Stockholm Convention recognizes the special vulnerabilities of Arctic Indigenous Peoples, but the EPA is not looking out for the health and wellbeing of our people. The US produces so many toxic chemicals but it is not even a party to the convention.”
The US is able to participate and make interventions at the Convention as an observer, despite not being a party.
It’s not known if Indigenous communities have been exposed to UV-328, but it has been found in birds’ eggs and minks’ livers in the Arctic.
Very high concern
UV-328 is widely used in plastic products, rubber, paints, coatings and cosmetics to protect them from UV damage. The EU classifies it as a substance of very high concern (SVHC) on the basis that it persists in the environment, accumulates in organisms and has toxic properties.
It is one of numerous chemicals added in the plastic manufacturing process which some scientists are now concerned could spread far and wide via microplastics, posing potential risks to wildlife, human health or the environment.
A recent report by the International Pollutants Elimination Network (IPEN) warns that regulators have “yet to grasp” the impact of chemical and plastic pollution on fish declines.
Dr. Omowunmi H. Fred-Ahmadu, an environmental chemist at Covenant University, Nigeria, and lead author of a paper from last year on microplastic chemicals, told Unearthed: “Plastics are a cocktail of all kinds of chemicals, such as UV-328, which are embedded to modify its structure and function. But they are not chemically bound to the plastic, so these chemicals are slowly released in the environment, or when they enter organisms, even if the plastic itself ends up being excreted. This is where most of the toxicity – the harm – comes from.
“The extent of the harm they cause to humans is still being investigated, but quite a number of toxic effects have been established in marine organisms, such as reproductive issues and the growth inhibition of organs,” she continued.
“Welcome to our future”
When a party puts forward a proposal to list a new chemical under the Stockholm convention, they must provide evidence that it meets five initial criteria that identifies the chemical and shows it is persistent, accumulates in organisms, has adverse effects – and that there is potential for it to travel around the world, far from its original source.
The proposal to list UV-328, put forward by the Swiss government last year, is the first one that makes a case that a chemical meets this final criteria, called “long-range transport”, in part on the basis that it travels via microplastics and plastic debris.
This is what appears to concern the European and American chemical trade groups, which expressed fears in the documents – obtained from the US Environmental Protection Agency using freedom of information rules – that the proposal could set a significant precedent.
It also seems of concern to the US environmental regulator. In April 2019 – during the Trump administration – the American Chemistry Council (ACC) forwarded an email to the EPA in which the European Chemical Industry Council (CEFIC) raised concerns about the proposal. A senior EPA official wrote back to the ACC: “Wow – that’s quite a precedent. Holy moly.”
The ACC replied: “we’ve seen numerous presentations about getting microplastics into Stockholm and it looks like this is the first concrete proposal.”
The EPA official responded: “Welcome to our future.”
The same official, a senior policy advisor called Karissa Kovner, appears to still be leading the EPA’s work on the issue under the Biden administration, which is pushing back against the proposal.
The Stockholm Convention’s scientific committee agreed at a meeting in January that there is sufficient evidence to meet its initial criteria for listing the chemical as a Persistent Organic Pollutant, although the US, the ACC and CEFIC all argued against some of these criteria at the time. BASF, ExxonMobil, Dow Chemical, DuPont, Shell, BP are members of both groups, while Ineos is a member of CEFIC alone.
Speaking two months later at a conference organised by the ACC, Kovner explained that the US did not agree with three of the five criteria, including on long-range transport.
“Looking at the science [on long-range transport] we felt differently, quite frankly, than a number of our colleagues at the global level and scientists that are represented at the POPRC,” she said.
Read the documents here
Given the issue divided parties at the meeting, it has formed a working group to consider it and draft new guidance – meaning a clear precedent has not yet been set.
The EPA told Unearthed that its views were based on a technical review by scientists.
“No ‘policy position’ was taken regarding the listing of UV-328 by the U.S. under the last Administration, and nor has there been one under this Administration,” a spokesperson said.
Democratic Congressman Alan Lowenthal, who re-introduced a key bill on plastic pollution to Congress in March, told Unearthed that he is concerned about the health impacts of many chemicals commonly used in plastics, such as per-and polyfluoroalkyl substances (PFAS) and phthalates. “We are no longer just poisoning the environment with our waste—we are poisoning ourselves. It is for these reasons Senator Merkley and I sought to ban the use of such chemicals in plastics in the Break Free from Plastic Pollution Act,” he said.
“The Biden Administration must seek to lead on this issue domestically and internationally to address the issue associated with the production, disposal, and waste of plastics. This is more than a solid waste or ocean pollution crisis. It is now an environmental justice, international human rights, climate, and public health issue.”
Not enough evidence
The process to decide if the chemical additive will be banned under the convention is still ongoing.
In September the proposal will go forward to the next stage of the process, where the convention’s committee will produce a risk profile to decide whether UV-328 poses enough risk to warrant global action. A later stage considers socio-economic concerns. The whole process which could lead to regulation will take at least another two years and is likely to be subject to significant further lobbying.
In a document regarding the Swiss proposal that CEFIC submitted to an expert group at the European Chemicals Agency (ECHA) in April 2019, the trade group makes lengthy arguments criticising the science used in the proposal to support the idea that UV-328 is transported via microplastics, air, water or migratory species.
They cast doubt on the quality of the data available and contended that there is not enough to justify its regulation under the Stockholm Convention.
Scientists told Unearthed that there is relatively little data available on this chemical, but that they have concerns nonetheless.
Dr Zhanyun Wang, a senior scientist at public university ETH Zürich and an observer to the Stockholm convention’s scientific committee, told Unearthed: “We don’t have to stop everything [with regards to regulation] until we have very solid scientific evidence. I think we have to work with whatever data we have and move forward while generating data. There is concern about the continued releases and accumulation of this chemical in the environment and organisms, which could cause long-term, poorly mitigable, adverse effects on biodiversity, ecosystem services or human health.”
Although the available research suggests the short-term toxicity of UV-328 is minor, the ECHA concluded in 2014 that it meets its toxicity criteria, based on studies on rats, that found prolonged or repeated exposure could have impacts on the liver or kidneys. Other research suggests it could have effects on the endocrine system, which manages hormones in the body.
CEFIC argued that pollution could have come from a local source and that there has not been “sufficient rate of transfer to remote areas”.
As well as in the Arctic, UV-328 has been detected in plastic debris on Hawaii and in sewage in the Canary Islands. It has also been detected in human breast milk.
Polluted milk
Prof Laura Vandenberg of the University of Massachusetts, Amherst, and co-author of a recent report on endocrine disrupting chemicals in plastics told Unearthed: “The industry is basically saying that until they have polluted enough – until they have created a big enough problem – we can’t do anything about it.
“When it comes to proving the harm of this chemical, there isn’t a lot of evidence available yet, but the assumption is that if a chemical doesn’t degrade, we are altering our environment in a permanent way and we shouldn’t be doing that. When we start finding chemicals in human breast milk, it is not good. It means it is going into babies during vulnerable developmental periods. Most people would assume that breast milk would not be polluted, that it would be the best food you could give your babies.”
Scientists commented that some of CEFIC’s comments are valid and should be considered but “there is also untrue information in there,” according to Wang. “Other conclusions are taken out of context,” he said.
In pushing back against the evidence for regulating UV-328 CEFIC expanded their arguments to comment more broadly on the chemicals associated with plastics.
They argued that the Convention’s assessment should not focus on plastic because it is of “minimal importance in comparison to other routes of exposure”. They also argued that the impact of wildlife consuming microplastics on the accumulation of chemicals inside animals is “generally minor in nature”.
Prof Hideshige Takada, a microplastics expert at the Tokyo University of Agriculture and Technology who presented his work on UV-328 at the Stockholm meeting, told Unearthed that CEFIC was wrong to argue this.
“Microplastics are a major source of the [chemical] additives” for marine organisms that ingest and retain them, he said.
Further research
Scientists agree on the need for urgent further research. Dr Zhe Lu, an ecotoxicologist at the University of Quebec at Rimouski and lead author of a study on UV stabilisers in the Arctic told Unearthed: “I believe there is both evidence that suggests that microplastics are a possible route for organisms to expose to some of these plastic-associated chemicals and evidence that suggests that they are not…In general with this chemical, my feeling is that we need to do more research.”
In a statement, CEFIC said they would support a ban if it did occur, but went on to criticise the scientific evidence used so far to consider such a decision suggesting it should wait until more studies have been conducted.
CEFIC told Unearthed: “If scientific evidence confirms that the substance UV-328 meets the criteria of a persistent organic pollutant set by this Convention, we fully support its ban for production and use globally.
“Cefic also agrees that the potential effect of intentionally added microplastics on the environment poses a legitimate concern. Their impact on water or soil needs to be carefully examined and then regulated.”
The body accepted it had questioned if the evidence was robust enough: “our technical experts raised some very specific scientific concerns with the European Chemicals Agency (ECHA) about the quality of evidence linked to microplastics and plastic additives travelling through air or water over long distances.”
Jon Corley, a communications director for the American Chemistry Council told Unearthed: “The nomination of UV-328 as a [Persistent Organic Compound] [is] well-recognized as setting a potential precedent to expand the interpretation of the Stockholm Convention POPs criteria. It is important that any chemical management system uses a risk-based framework that combines hazard, exposure, and use information along with the best available science.
The EPA told Unearthed: “the U.S. found that the Convention’s requirements for bioaccumulation, long-range transport, and adverse effects had not been met. Therefore, the U.S. suggested that the proposal be put aside… The scientific analysis used to arrive at this conclusion was developed entirely by career scientists at EPA and concurred with through the typical interagency review process (which also included career officials at participating agencies).”
BP declined to comment but pointed out that they no longer produce any plastics, having sold their petrochemicals business to Ineos.
Shell also declined to comment but pointed Unearthed to their 2021 review of industry associations, which states they are aligned with the climate-related policy of both CEFIC and the ACC.

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