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FOCUS: The Supreme Court Isn't Your Friend, Liberals Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=31583"><span class="small">Jack Schwartz, The Daily Beast</span></a>   
Sunday, 06 October 2019 10:38

Schwartz writes: "What liberals and conservatives have in common in their current struggle over the complexion and purpose of the Supreme Court is that both harken back to their own distinct myths that serve as literal benchmarks on the nature of the federal judiciary."

S.C.O.T.U.S. (photo: Mandel Ngan/AFP)
S.C.O.T.U.S. (photo: Mandel Ngan/AFP)


The Supreme Court Isn't Your Friend, Liberals

By Jack Schwartz, The Daily Beast

06 October 19


Since Andrew Jackson added two cronies to create the now hallowed nine-Justice court, it’s almost always served as a reactionary instrument against workers and the popular will.

hat liberals and conservatives have in common in their current struggle over the complexion and purpose of the Supreme Court is that both harken back to their own distinct myths that serve as literal benchmarks on the nature of the federal judiciary.

For liberals, the ideal is the Warren Court, whose progressive rulings generally obtained through the end of the 20th century. For conservatives, the seminal moment came with Franklin Roosevelt’s failed attempt to expand the high bench in 1937, making any further effort at such New Deal court-packing anathema.

What liberals failed to realize was that the enlightened moderation of the Warren bench and its immediate successors was an exception to a Supreme Court that, for most of its history, was a citadel of reaction. At its height of power in the Gilded Age it served as an imperial judiciary that overrode popular sovereignty subordinating man-made statutes to a doctrine of market-oriented “natural law” that defied precedent. Weaponizing the court to carry out a political agenda has a venerable pedigree.

One of the most illustrative moments in this narrative is how we arrived at the hallowed number of nine justices. It turns out that Andrew Jackson added two political cronies to the Supreme Court on his last day in office in 1837 with the collusion of a compliant Democratic Congress, thus expanding the number of judges from what till then had been seven. We can only wonder what Mitch McConnell, who held up Merrick Garland’s nomination during an election year, would have thought of such goings-on. Apparently, Jackson’s ploy as he was going out the door has gone unremarked by the critics of FDR’s court-packing scheme. For good measure, five of Jackson’s later appointees came from slave states—including his choice for chief justice, Roger Taney, whose court handed down the infamous Dred Scott decision.

Following the Civil War, the Supreme Court played a major role in impeding Reconstruction, curbing federal troops from protecting freemen in the former Confederacy and ultimately invalidating the Civil Rights Act of 1875. While the high court in effect gave a free hand to Klan terror in the South, it cracked down on labor unions in the industrializing North.

As Richard White demonstrates in The Republic for Which It Stands: The United States during Reconstruction and the Gilded Age, 1865-1896, it was during the Gilded Age that the Supreme Court and its federal tributaries hit full stride in terms of rampant judicial activism on behalf of a privileged class. While both Congress and state legislatures passed a considerable amount of labor reforms in response to the excesses of industrialization in the years between 1880 and 1900, the judiciary struck down over 60 of those laws.

During this period, the courts were openly hostile to labor, protecting corporations at the expense of workers. In doing so, they cited the concept of “freedom of contract” that harkened back to the early days of the Republic, wherein the employee was an independent producer who could negotiate on an equal basis with his employer. That this ideal no longer obtained in an age where the owner was a corporation and the worker a cog did not disturb its adherents. In their eyes, freedom simply meant the protection of property. Accordingly, an owner’s “property” included the labor of his employees, a commodity over which he had inviolable rights. Legislation by Congress or the states to ameliorate workers’ conditions was considered an infringement on property, and thereby on the owner’s freedom, although the employer was now a company. (This is the tradition that then-presidential nominee Mitt Romney referred to when he explained that “Corporations are people too, my friend.”) Corporations threatened by labor challenges sought redress from the courts, which granted injunctions that ended strikes or mustered the militia. That the labor movement persisted and grew occurred not because of, but despite, the bench.

“The Court become a law unto itself, overriding the will of democratically elected legislatures to decide what was best for the nation.”

A telling example of how the judicial theory of property impacted on the actual lives of people, chronicled by White, is the 1885 case of re Jacobs, in which New York state attempted to prohibit the manufacture of cigars in tenement sweatshops for reasons of public health. The Court of Appeals, New York’s high court, overturned the law ruling that the state had exceeded its police powers and undercut contract freedom. White observes that “the court defended sweatshop labor by treating the tenement as if it were a log cabin, the immigrant families as so many pioneers and the cigar maker as an artisan.”

In testifying before the state Senate committee that considered the law, the labor leader Samuel Gompers described conditions that he called “the most miserable… that I have seen in any time of my life.” What he recounted was a system in which bosses squeezed workers into fetid tenement quarters where whole families, including children, rolled cigars amid drying tobacco. The cigar makers profited further by charging rent to the workers they were exploiting, thus gaining at both ends of the manufacturing process.

The courts continued to rule against the efforts of states to improve labor conditions, culminating in the notorious Lochner decision of 1905 when the Supreme Court, citing an implied “liberty of contract,” invoked the due process clause of the 14th Amendment to prevent New York from regulating working hours. According to White, throughout this period, “labor reformers continued to win victories in state legislatures only to lose them in courts” whose overriding concern was “the rights of employers to use their property as they pleased.”

Corporations became adept at using the judiciary to turn reform legislation on its head and harness it to their own ends. For instance, the Sherman Antitrust Act of 1890, intended to curb the monopoly practices of robber barons, was wielded as a tool to stifle labor unions on the grounds of restraining trade. White tells us that of the 13 decisions involving antitrust law between 1890 and 1897, 12 involved unions.

When the depression of 1893 forced over-extended railroads to reduce costs, they did so by cutting wages and workers, without touching dividends. When the American Railroad Union responded by going on strike, a federal judge banned the workers from even meeting to discuss the walkout, thereby depriving them at a stroke of both freedom of speech and assembly. The court accommodated the government’s use of the Sherman Antitrust Act and the Interstate Commerce Act to issue an injunction against the union for impeding interstate commerce and against labor leaders from advocating a boycott in support of the st

Trump’s Latest Hard-Right Judicial Nominee Opposes IVF

The Supreme Court and its subsidiaries had, at this point, become a law unto itself, overriding the will of democratically elected legislatures to decide what was best for the nation.

“The only way to regain democratic sovereignty is by electing officials with a sufficient popular mandate to break the right-wing ascendancy on the bench.”

Forty years later, not much had changed on the Supreme Court, although in the throes of the Great Depression, the country had. The nine old men on the bench represented a firewall for a defeated political establishment. They fought a rearguard action, declaring a vast array of New Deal legislation unconstitutional. Faced with the prospect of seeing his popular program of humane relief and national restoration thwarted by a recalcitrant court, President Roosevelt sought legislation in 1937 to appoint a judge for every sitting justice over 70. Although his initiative failed, his effort moved the court in a more liberal direction, evolving into the postwar judiciary that we have come to consider a standard. In effect, it was an anomaly.

From the Rehnquist Court on, through the debacle of Bush-Gore, the so-called originalism of Justice Scalia and the decisions enabling moneyed voters in Citizens Union and disabling minority voters by gutting the 1965 Voting Rights Act, and culminating in the current conservative majority, the Supreme Court has literally righted itself. As godfather to the more recent conservative triumphs on the bench, GOP Senate Majority Leader Mitch McConnell has abetted Donald Trump in his own version of court-packing, overseeing 152 new judges to the federal judiciary, a cohort that is overwhelming white, male and youthful. Republicans have managed to do this while their last two presidents, George W. Bush and Donald Trump, failed to win a popular majority—a throwback to minority control over the democratic process.

The only way to regain democratic sovereignty over our legal system is by electing officials with a sufficient popular mandate and political will to break the current right-wing ascendancy on the bench. There is nothing in the Constitution that prevents an expansion of the courts through congressional and executive action. As history shows, packing the court presented no impediment for retrograde forces when afforded the chance.

Given the opportunity, liberals should demonstrate equal determination in reorganizing the Supreme Court and its federal branches so that it represents a more balanced reflection of popular sovereignty. Without this, legislation on all of today’s critical topics—global warming, immigration, health care, voting rights, gun violence—will go nowhere. Executive action will be no more than that: fiats that can be reversed by the next presidency.

This approach would run risks and meet fierce opposition, but it is an encounter worth having—a fight to restore the Constitution to the people whom it was designed to serve.

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RSN: Will Trump Relinquish Power? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=63"><span class="small">Marc Ash, Reader Supported News</span></a>   
Sunday, 06 October 2019 08:56

Ash writes: "If the moment lawfully arrives for Donald Trump to pass from the presidency in a peaceful and orderly manner, will he do so? The short answer is: Not if he can avoid it."

Americans fighting Americans at Berkeley California over the presidency of Donald Trump. (photo: Leah Millis, SF Chronicle)
Americans fighting Americans at Berkeley California over the presidency of Donald Trump. (photo: Leah Millis, SF Chronicle)


RSN: Will Trump Relinquish Power?

By Marc Ash, Reader Supported News

06 October 19

 

f the moment lawfully arrives for Donald Trump to pass from the presidency in a peaceful and orderly manner, will he do so?

The short answer is: Not if he can avoid it.

The U.S. presidency is a dream job for Donald Trump. There is no shortage of experts lining up to tell the American public that no one is above the law. But that stuff ain’t the truth. The truth, effectively, is that with William Barr as attorney general and the legally unproven OLC Memo acting as a prosecution shield, Donald Trump is in fact living above the law for all intents and purposes. It’s a place he has wanted to be his entire life.

Cutting directly to the chase, there are really only three ways Trump could resist a legally mandated exit from the Oval Office and its powers: by successfully enlisting the help of the U.S. military to maintain control, managing to incite his supporters to mount an armed insurgency, or litigating.

The various branches of the U.S. Armed Forces remain fairly professional and disciplined. The likelihood that there would be any meaningful, coordinated support for an overthrow of the U.S. government remains quite low. There are certainly Trump supporters on active duty or retired who might independently use their training to aid in his defense, but an effort that would involve organized military engagement is not in the cards right now.

Inciting an armed insurgency is quite a bit more plausible. In fact the argument can be made that a fledging campaign is already underway. At first glance, actors like Cesar Sayoc, Patrick Crusius, and James Fields might seem to have acted independently, but they and many like them are clearly inspired and emboldened by Trump’s incendiary rhetoric and are acting-out lethally with what they view as his blessing.

If Trump were facing the prospect of being removed from office by any means he protested, an uptick in violence by his supporters should be anticipated. Whether such acts would coalesce into a coordinated effort is unclear. The chance, however, does exist.

The third and arguably most likely gambit is Trump’s favorite, litigation. You can be one hundred percent certain that Trump will legally challenge any legal mandate to end his grip on the presidency short of at least eight years. That combined with even random acts of violence by his supporters could make for very tense days.

It also bears noting that any legal challenge Trump might mount to being removed from office would almost certainly end up in the Supreme Court. It’s a court that could opt for a redux of Bush v. Gore, regardless of the merits.

Once out of office, Donald Trump would have criminal exposure to a laundry list of federal and state charges. As long as he remains in power he remains functionally immune, and the statutory limits move inexorably toward their expiration date. In addition, he is becoming increasingly adept at using the powers of the presidency to enrich himself and his family members.

Trump has everything to gain by remaining in office and everything to lose by leaving office. This is not a guy who has any intention of going quietly into that good night.

Eviction will not be pretty, but it will be necessary.



Marc Ash is the founder and former Executive Director of Truthout, and is now founder and Editor of Reader Supported News.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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The Border Patrol Allegedly Thinks It Can Just Ignore Court Orders Now Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49860"><span class="small">Samantha Grasso, Splinter</span></a>   
Sunday, 06 October 2019 08:50

Grasso writes: "Here's your regular dose of the hell that is our immigration system: An undocumented man living in New Mexico was detained by the border patrol last week-despite having documentation that showed a federal judge closed his immigration case years ago"

A U.S. Customs and Border Protection agent. (photo: Eric Gay/AP)
A U.S. Customs and Border Protection agent. (photo: Eric Gay/AP)


The Border Patrol Allegedly Thinks It Can Just Ignore Court Orders Now

By Samantha Grasso, Splinter

06 October 19

 

ere’s your regular dose of the hell that is our immigration system: An undocumented man living in New Mexico was detained by the border patrol last week–despite having documentation that showed a federal judge closed his immigration case years ago, the Texas Tribune reported Friday.

Luis Orozco Morales, who lives in Hobbs, NM, was arrested while helping a friend transport auto parts from El Paso to Hobbs. Orozco had made the trip before, but upon stopping at a remote Border Patrol checkpoint, he was told by agents that his paperwork wasn’t valid.

Orozco says agents mocked him, then arrested him and detained him for nearly a week. His wife—a U.S. citizen who has fibromyalgia and whom Orozco cares for—and his sister-in-law reportedly weren’t allowed to visit him in detention.

“I knew I wasn’t doing anything wrong, the whole time I was [acting] within the law, but they asked me to exit the car and said my papers weren’t valid,” the 47-year-old from the state of Chihuahua, Mexico, told the Tribune.

In 2010, Orozco was caught after entering the U.S. illegally, but was later released, the Tribune reported. A federal immigration judge closed his case in 2014 through an administrative closure, a process that puts a person’s immigration case on indefinite hold and takes them off the court’s docket.

According to the Tribune, administrative closures are used in low-priority cases, and a case closed through the process can be reopened at the request of the immigrant, or by the Department of Homeland Security to deport someone. But Orozco’s attorney, Eduardo Beckett, said Border Patrol agents can’t make that call. (In May 2018, former Attorney General Jeff Sessions revoked the ability for judges and the Board of Immigration Appeals to issue administrative closures.)

On top of that, Beckett said Orozco has never been in trouble with local police, or charged with a state crime, nor has he violated the conditions of his administrative closure nor his $5,000 bond, which also hasn’t been revoked.

Despite that, Beckett says that’s exactly what the agent who detained his client did. From the Tribune:

Beckett said his client’s court order is still valid and a rogue Border Patrol agent single-handedly overruled the judge’s order.

Orozco said that when he pulled up to the checkpoint, the Border Patrol agent told him the judge didn’t know what he was doing when he signed the documents.

“[He] said you’re a Mexican, you don’t need to be here,” Orozco said. “They told me, ‘This paper the judge gave you isn’t valid. He doesn’t know the laws.’”

[...]

“I think that the concept that a Border Patrol agent can by himself, without any authority, without going to a judge, just overturn an order, to me that goes against the rule of law, it goes against procedure,” Beckett said.

Orozco was released four days after his arrest, but he has to wear an ankle monitor and report to Immigration and Customs Enforcement on Oct. 10. Meanwhile, Lisa R. Donaldson, an attorney for the El Paso CBP office, told Beckett that CBP considers Orozco’s case “pending” because a “formal decision hasn’t been rendered.”

Beckett told the Tribune he thinks Orozco’s case will be placed back on the immigration court docket, opening the possibility of deportation.

“My advice is, do not go through a U.S. Border Patrol checkpoint because they are not respecting the rule of law,” Orozco told the Tribune.

Another day, another alleged abuse of power by CBP.

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We're Just Starting to Learn How Fracking Harms Wildlife Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49954"><span class="small">Tara Lohan, The Revelator</span></a>   
Sunday, 06 October 2019 08:38

Lohan writes: "In January 2015 North Dakota experienced one of the worst environmental disasters in its history: A pipeline burst, spilling nearly 3 million gallons of briny, saltwater waste from nearby oil-drilling operations into two creek beds. The wastewater, which flowed all the way to the Missouri River, contained chloride concentrations high enough to kill any wildlife that encountered it."

A pronghorn runs through the Pinedale Anticline natural gas field in Wyoming in 2008. (photo: Theo Stein/USFWS)
A pronghorn runs through the Pinedale Anticline natural gas field in Wyoming in 2008. (photo: Theo Stein/USFWS)


We're Just Starting to Learn How Fracking Harms Wildlife

By Tara Lohan, The Revelator

06 October 19

 

n January 2015 North Dakota experienced one of the worst environmental disasters in its history: A pipeline burst, spilling nearly 3 million gallons of briny, saltwater waste from nearby oil-drilling operations into two creek beds. The wastewater, which flowed all the way to the Missouri River, contained chloride concentrations high enough to kill any wildlife that encountered it.

It wasn't the first such disaster in the state. In 2006 a spill of close to 1 million gallons of fracking wastewater into the Yellowstone River resulted in a mass die-off of fish and plants. Cleanup of that spill was still ongoing at the time of the 2015 spill, nearly a decade later.

Spills like these highlight the dangers that come with unconventional fossil-fuel extraction techniques that go after hard-to-reach pockets of oil and gas using practices like horizontal drilling and high-volume hydraulic fracturing (otherwise known as fracking).

But events like these massive spills are just the tip of the iceberg. Other risks to wildlife can be more contained, subtle or hidden.

And while many of the after-effects of fracking have grabbed headlines for years — such as contaminated drinking water, earthquakes and even flammable faucets — the consequences for wildlife have so far been left out of the national conversation.

But those consequences are very real for a vast suite of animals including mussels, birds, fish, caribou and even fleas, and they're as varied as the species themselves. In some places wildlife pays the price when habitat is destroyed. Elsewhere the damage occurs when water is sucked away or polluted. Still other species can't take the traffic, noise and dust that accompany extraction operations.

All this damage makes sense when you think about fracking's outsized footprint.

It starts with the land cleared for the well pad, followed by sucking large volumes of water (between 1.5 and 16 million gallons per well) out of rivers, streams or groundwater.

Then there's the sand that's mined for use during the fracturing of underground rock to release natural gas or oil. There are also new pipelines, compressor stations and other related infrastructure that need to be constructed. And there's the truck traffic that surges during operations, or the disposal of fracking wastewater, either in streams or underground.

The cumulative footprint of a single new well can be as large as 30 acres. In places where hundreds or thousands of wells spring up across a landscape, it's easy to imagine the toll on wildlife — and even cases with ecosystem-wide implications.

"Studies show that there are multiple pathways to wildlife being harmed," said ecologist Sandra Steingraber, a distinguished scholar in residence at Ithaca College who has worked for a decade compiling research on the health effects of fracking. "Biodiversity is a determinant of public health — without these wild animals doing ecosystem services for us, we can't survive."

Losing Ground

The most obvious threats fracking poses to wildlife comes in the form of habitat loss.

As rural areas become industrialized with each new well pad and its associated infrastructure, vital habitat for wildlife is altered or destroyed.

And it's not just the area containing the well. The land or water just outside of the operation, known as "edge habitat," also degrades with an increase in the spread of invasive plant species, among other concerns.

And large-scale development, such as miles-long pipelines, can change the way species move and hunt, often resulting in an increase in predation. The oil and gas development in Alberta, Canada, for example, created "wolf highways" that gave the predators easy access to an endangered herd of woodland caribou.

Roads, another kind of fragmentation, can be particularly dangerous for wildlife. A single fracked well can be responsible for 3,300 one-way truck trips during its operational lifespan, and each journey can injure or kill wildlife large and small. After all, it's hard to get out of the way of a tanker truck carrying 80,000 pounds of sand.

And then there's the big picture. Drilling within large, "core" forest areas previously located far from human development can be permanently detrimental for species such as migratory songbirds.

In one study, published in Biological Conservation in 2016, researchers examined the effects of unconventional gas drilling on forest habits and populations of birds in an area of West Virginia overlaying the Marcellus and Utica shales. The area has been at the center of the shale gas boom, with the number of unconventional wells in central Appalachia jumping from 111 in 2005 to 14,022 by the end of 2015. The study found that shale-gas development there during that period resulted in a 12.4 percent loss of core forest and increased edge habitat by more than 50 percent — and that, in turn, changed the communities of birds found in the forest.

The areas near well pads experienced an overall decline in "forest specialists" — birds that prefer interior forest habitat, among them the hooded warbler and Kentucky warbler, which are of high conservation priority, as well as cerulean warblers. These sky-blue endangered migratory songbirds have been dropping in numbers for decades, but researchers noted that the decline was 15 percent higher in their study area than in the greater Appalachian Mountains region during the same period.

"For migratory songbirds, large blocks of forest are very important," explains Margaret C. Brittingham, a professor of wildlife resources at Penn State University who has studied the effects of fracking on wildlife. The birds do best in interior forest habitat with mature trees. They also serve as an important part of the forest ecosystem, helping to prevent or suppress insect outbreaks that can damage trees. "They're co-evolved with the forest, feeding on insects and keeping those forests healthy," she said.

Not all species declined in numbers from fracking development. The study found an increase in the kinds of birds that do well among humans and in developed areas — "habitat generalists" such as the American robin, blue jay and brown-headed cowbird, the latter of which are notorious brood parasites that leave their eggs in nests of other birds.

"I think the most alarming thing about all of this is what bird declines may indicate about the declining health of overall ecosystems," said Laura Farwell, a postdoctoral research associate in the department of Forest and Wildlife Ecology at the University of Wisconsin-Madison and lead author of the Biological Conservation study. "I know it's a cliché, but forest interior birds truly are 'canaries in the coal mine' for Appalachian forests experiencing rapid loss and fragmentation."

Farwell adds that many other kinds of development contribute to habitat loss that result in biodiversity declines. Fracking is one more added pressure, but the consequences are quite significant.

"It just happens to be disproportionately affecting some of the largest remaining areas of undisturbed, mature forest left in the eastern U.S., and these forests are incredibly valuable for biodiversity," she said.

Out West the industry is carving up a different kind of habitat, and that has other species on the ropes. Greater sage grouse, for example, depend on large home ranges composed of intact areas of sagebrush. Cattle ranching and development of all kinds have pushed the grouse near extinction, and continued unbridled oil and gas extraction in its remaining habitat could tip it over the edge.

A 2014 study co-authored by Brittingham found that oil and gas infrastructure and related disturbances to sage grouse can cause the birds' populations to decline — or even disappear in areas with particularly high levels of oil and gas development.

Sage grouse have also been shown to exhibit high levels of stress from noise.

Noise poses additional risks for birds that depend on their hearing. A study published in Biological Conservation in 2016 found that noise from compressor stations, which run 24 hours a day, reduced the ability of northern saw-whet owls to catch prey. The researchers found that for owls and other "acoustically specialized predators," noise can cause significant negative impacts on behavior, like a decreased ability to hunt, and that can ripple through the ecosystem.

Light, too, can be a problem. Oil and gas operations in some places have turned once-dark rural areas into blazing mini-cities in quick time. A 2012 photo revealed that gas burned off from wells in North Dakota's Bakken Shale was so bright it was visible from space — something not seen just six years before. Light pollution like this can be deadly for migratory birds and disrupt other nocturnal animals.

It’s in the Water

The fracking process uses a lot of water and much of that contaminated H2O returns to the surface, bringing with it heavy metals, radioactivity, toxic chemicals (many of which are industry trade secrets) and high levels of salinity. Disposing of all that wastewater has created headaches for the industry and in some cases it's now proving to endanger wildlife.

Spills or intentional dumping of wastewater or fracking fluid released 180 million gallons into the environment between 2009 and 2014, according to an investigation by the Associated Press. Unsafe levels of some contaminants have been found to persist for years, as was the case in North Dakota.

Not all spills and intentional releases of wastewater in streams create noticeable impacts like fish going belly up — some are more subtle and harder to see — but they may still take a real toll on aquatic life.

A 2019 study in Ecotoxicology and Environmental Safety looked at what happens when insects called water fleas encounter a fracking-fluid spill. Researchers found that even when the fluids were diluted in a stream, their high salinity could decrease insect mobility and survival. The Canadian province of Alberta, the researchers noted, has recorded 100 such large-volume spills.

Lowly water fleas — in this case a species called Daphnia magna — may not seem like animals we should worry about, but like so many small creatures, they occupy an important niche.

"They are the basis of the freshwater ecosystem," Steingraber explained. "When the water fleas are gone, the guys that feed on them are gone — frogs and fish die, and those that feed on them die and suddenly you have a biodiversity problem because you've knocked out a species at the bottom of the aquatic food chain."

Some of this may already be playing out in other locations. A 2016 study published in Ecotoxicology that found a decrease in biodiversity of macroinvertebrates in Pennsylvania streams where fracking was occurring in the watershed — and, even worse, "no fish or no fish diversity at streams with documented frackwater fluid spills." In some cases streams that once contained large numbers of brook trout had none left. The researchers concluded that "fracking has the potential to alter aquatic biodiversity…at the base of food webs."

Elsewhere, it's possible that contamination of surface waters has already taken a toll on the Louisiana waterthrush (Parkesia motacilla), a bird that breeds along forest headwater streams and feeds on macroinvertebrates. A 2015 study published in Ecosphere found that shale gas development had negative effects on the nest survival and productivity of waterthrushes and the researchers posited that "indirect effects on stream and terrestrial food webs from possible contamination" by the oil and gas industry could be to blame.

The research, which looked at sites in both the Marcellus and Fayetteville shale regions, showed that the birds' feathers contained elevated levels of barium and strontium — two heavy metals associated with the drilling process — in areas where fracking had taken place. Much like when lead shows up in a human's hair, the presence of these metals in the birds' feathers is a sign that contaminants in the environment are making their way into animals' bodies.

And that raises even bigger concerns.

As the researchers concluded in their paper: "Our finding of significantly higher levels of barium and strontium also suggests the possibility of surface water contamination by any of the hundreds of chemicals that may be used in hydraulic fracturing, including friction reducers, acids, biocides, corrosion and scale inhibitors, pH adjusting agents and surfactants."

A similar line of inquiry is being pursued by other researchers. Nathaniel Warner, a professor of civil and environmental engineering at Penn State University, has been using the shells of freshwater mussels to read the changes in water chemistry in Pennsylvania's Allegheny River. Mussels record environmental conditions in their shells each year — much like tree rings.

Warner and his colleagues have also found elevated levels of strontium in the shells of mussels living downstream from a site where treated fracking wastewater was discharged. Strontium, which is found in high concentrations in oil and gas wastewaters, is a naturally occurring metal with some medical benefits but which in large exposures can cause bone loss and other side effects.

But Warner says they are still trying to determine what the impacts are for mussels and aquatic ecosystems — not to mention the people who get their dinner from the river.

"We haven't really gotten to the point where we can say this is harmful or not," he said. "We really focused on the hard shell itself. But now we're looking more at what happens in that soft tissue because muskrats and fish don't really eat the shell that much, but they eat the soft tissue. And so what levels of contaminants or pollution ended up in that soft tissue compared to the shell?" He said that's probably more important for determining what this really means for wildlife or even human health.

University of Wisconsin's Farwell says that she'd also like to see more research on what the accumulation of contaminants in the bodies of waterthrushes means for other wildlife and for humans. "Air pollution is another important issue to consider," she added. "I'm not aware of any current studies that have looked directly at impacts of fracking air pollution on wildlife."

You can add these topics to the long list researchers are hoping to explore, but there will still be a lot about how fracking and other extraction technologies are affecting wildlife that we don't know. And with natural gas still projected to be one of the fastest growing energy sources in the United States, the time to understand its impacts on wildlife grows short.

"The industry boomed at such a rapid pace, researchers and policymakers could barely keep up," she said. "And in most cases, we don't have baseline data at impacted sites to compare with current numbers. Unfortunately, most of us studying fracking impacts have been playing a game of catch-up since the beginning."

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Sanders and Warren Are Transforming How Presidential Campaigns Are Paid For Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=44146"><span class="small">David Siders, POLITICO</span></a>   
Saturday, 05 October 2019 13:37

Siders writes: "The latest batch of fundraising reports released this week confirmed a new reality of presidential politics: the traditional, big-dollar model of funding a presidential campaign is going the way of landlines and the VCR."

The quarterly fundraising reports marked a victory for the progressive wing of the Democratic Party. (photo: BuzzFeed/Getty Images)
The quarterly fundraising reports marked a victory for the progressive wing of the Democratic Party. (photo: BuzzFeed/Getty Images)


Sanders and Warren Are Transforming How Presidential Campaigns Are Paid For

By David Siders, Politico

05 October 19


he latest batch of fundraising reports released this week confirmed a new reality of presidential politics: the traditional, big-dollar model of funding a presidential campaign is going the way of landlines and the VCR.

With Elizabeth Warren’s announcement Friday that she had raised nearly $25 million in the last three months — slightly less than Bernie Sanders reported Tuesday — two candidates who didn’t hold traditional donor events became the top two fundraisers in Democratic primary.

And they both blew past the ones who did.

Warren and Sanders, who raised $25.3 million, both finished about $10 million ahead of former Vice President Joe Biden for the quarter.

Biden, meanwhile, fell back in his fundraising, posting $15.2 million – about $7 million less than he raised the previous three months. And other Democrats who relied on traditional, big-dollar fundraisers also slipped, presaging difficulties financing robust campaigns.

Sen. Kamala Harris’ reported haul of $11.6 million came in slightly lower than her second quarter. And though South Bend Ind., Mayor Pete Buttigieg posted $19.1 million, that number was down, too, from the previous three months, when he raised $24.8 million.

“The fact that progressives combined to raise $50 million without one fundraiser is mind-boggling,” said Rebecca Katz, a progressive consultant who advised Cynthia Nixon in her primary campaign against New York Gov. Andrew Cuomo last year. “And really exciting, because they showed there’s a better way to do this.”

The quarterly fundraising reports marked a victory for the progressive wing of the Democratic Party. And its effects were felt more broadly than on the candidates’ bottom lines. Freed from the time constraints of traditional fundraising, Warren spent hours in photograph lines at campaign events throughout the summer, while Sanders — before his hospitalization this week — maintained a frenetic pace on the trail.

And as the campaign accelerates this fall, Warren and Sanders are poised to compound the effect of their small donors. Unlike contributors who give the maximum amount at exclusive donor events, small-dollar contributors can re-up repeatedly.

“Anybody whose core model is big-money fundraisers will get tapped out at some point and have diminishing returns,” said Adam Green, co-founder of the Progressive Change Campaign Committee, which has endorsed Warren, “whereas 10- and 20-dollar donors can keep coming back to the table over and over again.”

Biden, the longtime frontrunner, still leads Warren and Sanders in many national polls. The latest Morning Consult survey put him at 32 percent, with Warren and Sanders at 21 percent and 19 percent, respectively.

William Owen, a Democratic National Committee member from Tennessee who has endorsed Biden, said that despite “a huge amount of money” for both Sanders and Warren, “Joe is still in the lead with the voters.”

And the flurry of financial reports suggested an opening at the periphery of the top tier for other candidates. Sen. Cory Booker raised more than $6 million in the third quarter amid a surge of support in late September. Businessman Andrew Yang raised $10 million. And Harris’ campaign said it has nearly that much on hand.

“This is where the campaign season, I think, takes on a different kind of urgency,” Buttigieg said when he arrived at a gun control forum in Las Vegas this week. “Something about fall, I think, brings a certain focus to it.”

Voters, Buttigieg said, are “really getting into decision mode.”

Lesser-fundraising candidates – and many observers – can recount a litany of well-funded candidates who have failed before in presidential elections. And Matt Bennett of the center-left group Third Way, said Friday that the 2020 primary may require less money than most elections.

“In a primary like this one where the frontrunners have pretty significant name ID,” he said, “they don’t need to introduce themselves to voters.”

Biden, Warren and Sanders will all have enough money to fund robust field operations, he said, and “beyond that, the marginal difference between $25 million and $15 million, I think, is relatively small.”

“I do think the money matters in the second tier, but it matters less at the top tier,” he said.

In addition, online fundraising can fluctuate wildly. While Warren’s ascent has proved relatively steady – what Gretchen Dahlkemper, a Democratic strategist based in Philadelphia, described as “like a duck … kicking underneath and keeping calm” — other candidates who have relied on small donations have faltered.

Beto O’Rourke, who has not yet announced his third-quarter fundraising, raised more than $80 million in his near-miss Texas Senate run last year and followed that with $6.1 million in the 24 hours after he announced his presidential campaign in March. But by July, O'Rourke — who like many candidates relies on a mix of online and traditional fundraisers — reported a dismal $3.6 million in the second quarter.

Les Francis, a Democratic strategist and former deputy White House chief of staff in the Carter administration, said it is an open question “whether or not there’s a ceiling to that progressive donor base. In other words, does it get exhausted at some point? And, I don’t know the answer to that. We’ll find out.”

However, he said, for centrists, Biden’s figures are “troubling when you combine it with the numbers of the other so-called moderates in the race.”

“By definition, moderates are hard to get excited,” Francis said. “That reveals itself not only in fundraising, but in volunteer activity and all the rest.”

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