Draw A Line in the Sand: DRBC Hearing: July 15, 2009

Special Agent Leroy Jethro Gibbs says, “There are no coincidences in a murder investigation.” What about in cases of “depraved indifference?” When Coca Cola’s bottling practices destroyed water tables in India, didn’t the company know, as a “reasonable person,” that the local farmers and communities would be decimated?


Each day, we tell ourselves there are lines we won’t cross.

But, as global food, water and housing crises tear at the fabric of our local communities, it’s increasingly difficult to pay local farm market prices when Wal-mart has plastic-coated apples for less.  Eventually, as things get tougher, crossing even our most deepset lines is inevitable.  People who had jobs last year are  sleeping in tents and cars this year. Some of us will steal  food and shoes for our children and property holders wil sell gas leases to  drilling companies like Chesapeake.

It’s fine and dandy to say that stark times demand stark lines set in  stark terms but  gray areas abound. Diametrically opposed interests claim the same motivations. Consider the issue of hydraulic fracturing.  Proponents say, “Drilling is in the national interest. It’s a matter of national security.”  They say  there’s no evidence that fracking poisons our water, land, food and people.  Opponents  also cite “national security” but point to circumstantial evidence that links fracking  to increased earthquake activity, polluted well water and a plethora of health concerns. (“Circumstantial” because the gas drilling industry is currently exempted from disclosing the chemicals they use  in hydraulic fracturing.  Consequently, no  evidentiary studies have been conducted.) Interestingly,  few Congresspeople support full disclosure of  fracking chemicals. (Find out if your Senators and Representative support The FRAC-ACT (Fracking Responsibility and Awareness of Chemicals Act,  S1215/HR2766).)*

Special Agent Leroy Jethro Gibbs says, “There are no coincidences in a murder investigation.” What about in cases of  “depraved indifference?” When Coca Cola’s bottling practices destroyed  water tables in India,  didn’t  the company know, as a “reasonable person,”  that the local farmers and communities would be decimated? When Monsanto polluted water and soil in  a bevy of locales,  didn’t the company, as a reasonable person, understand  the dangers posed by its actions to the local water, soil and animal/human population?  When Dow and the US government bathed Vietnam and its populations with Agent Orange (dioxin), they knew  the dangers. When my beloved Lake Erie was dying and the great Cuyahoga River burned,  didn’t the corporate polluters know their own practices were suspect?

All over the world, like lobsters dying quietyly in cold water brought to a slow  boil,
people are being incrementally dispossessed of rights, health,  life and property by corporate-government collusion. Doesn’t that collusion meet the legal tests of “depraved indifference” and “conspiracy?”

Don’t be silly.  Of course it does! but the guilty ones have written the laws. They’ve covered their liability with convoluted “immunity” clauses.  They’ve stacked
the deck.

Petroleum wars are so passé, don’t you think? In the near future, our beautiful children will wear their patriotic colors to the  water wars.  Around the world, corporations control greater and greater percentages of the world’s water.  Rampant pollution will lead to reductions of our finite “water reserves”  and the costs of “water reclamation” will skyrocket.  Exorbitant water bills will be a fabulous source of revenue for…somebody.  Probably General Electric of Hudson-River-pollution-fame.

A smart friend of mine recently said, “We beat back NYRI because we could see the corporate bad guy.  Gas frakking’s completely different.  It’s pitting neighbors against neighbors.”

So what do I, a wildly flabbergasted opponent of fracking, say to a twenty-something  grocery clerk  who sacrificed her teen years in  minimum wage jobs because she dreamed of going to college?  What do I say when she tells me she can’t go back to college in September because even the local community college costs more than she’s saved?

What do I say to the man who folds clothes for minimum wage  at the local laundry because the bank refused him a bridge loan to keep his restaurant open?

What about the  graduate student with an education debt in excess of $250,000 and no health insurance or  the dairy farmers in hock up to their necks who anxiously watch  their corn seed rot in the field?  What is my counter-offer when a drilling company waves a $100,000 gas lease in front of  them?

The Natural Resources Defense Council tells us frakking is a done deal but Damascus Citizens for Sustainability (DCS) fights on. “The DCS is part of a nationwide coalition of groups of citizens speaking from their homes, who do not want their environment and lives and communities further ruined by the current irresponsible approach to energy sourcing. It is our right and obligation as citizens to participate in the choices that will affect our future.  DCS’s concern is for the health and sustainability of life here (NE Pennsyvania) for us as people, and for the entire ecosystem we and all those downstream depend on.”

Members of the DCS are regular attendees at Delaware River Basin Commission (DRBC) meetings. They are knowledgeable about the threats posed by  hydraulic fracturing   to our ground water, food supply and health. Their site is chock-full of facts, studies, maps and advocacy as well as articles about The FRAC-ACT (Fracking Responsibility and Awareness of Chemicals Act,  S1215/HR2766).

Please  browse their resources.  Plagiarize  their text and write a letter to the DRBC. Contribute to the DCS  legal fund and attend the DRBC Hearing on  Wednesday, July 15th.  (Email me at cottageworks@lizbucar.com  if you’re looking to carpool and I’ll forward your information to a carpool coordinator.)

The Hearing will consider an application by Chesapeake Appalachia for  “permission from the Delaware River Basin Commission (DRBC) to withdraw 1 million gallons a day from the West Branch of the Delaware River for hydraulic fracturing and natural gas extraction.  This is the first application to the DRBC for this purpose and would put the Delaware River Watershed at risk for tens of thousands of applications to follow…The Hearing will be held at 1:00 pm at…Northampton Community College’s Fowler Family Southside Center, 511 East 3rd Street, 6th Floor, Room 605, Bethlehem, Pennsylvania. WE NEED PEOPLE THERE!”

(If nothing else, please read the Damascus Citizens’ Letter to Delaware River Basin Commission It is a  comprehensive  iteration of why the DRBC must deny Chesapeake’s current application.)

*As to The Frac Act: it will NOT stop the drilling.  It merely forces drilling companies to identify the  chemicals they use during the hydraulic fracturing process so that once our public water supply is poisoned, we can, ostensibly, prove the drilling companies did it.  (The Safe Drinking Water Act only protects  public water wells that service 25 or more individuals. Very few rural-dwellers   get their water from public wells!)

So who will buy our properties when our aquifers are poisoned?  Who will pay the taxes?  When our ground water is polluted, who will buy the food we produce locally and work so hard to distribute?  And even if the FRAC Act is passed, how many of us will have health insurance?  Who among us will be able to afford the diagnostic tests  necessary for participation in full-blown epidemiological studies?  And  once we’re guinea pigs without a human voice, who will ensure that epidemiological studies of our poisoned bodies are conducted?

When your local legislator refuses to draft a  resolution banning hydraulic fracturing until chemical disclosures and studies are made,  ask him/her the questions posed here.

In  The Pianist, Warsaw prisoners are made to lie belly-down in the dirt.  Their
shoulders nearly touch.  Each body shudders as an executioner’s bullet shoots through the back of its head. First one… then the next and the next. Each prisoner feels the slight jar and stillness when the one beside him is killed.  None raises a voice  or a hand. Their eyes are closed. I’ve thought they succumbed without a fight because  the horror was beyond understanding; or because the crushing of the Warsaw Ghetto Uprising had sapped their will; or that they hoped for a miracle or believed, if  they were very, very quiet, they’d be invisible to the executioner.  The nearer the footsteps behind them, the quieter they lay — like babies hiding behind their hands in games of peek-a-boo — seeking invisibility.

Wherever we draw the line at this crucial moment, saving our communities isn’t over just because  the Natural Resources Defense Council says fracking is inevitable. It’s  over when we quit.

When people lose control of their local resources, it’s hard to argue  the existence of healthy communities. I grew up on Lake Erie. I watched it die  and our community with it.  When it was revived, so was our village.

If I thought a line of  Neo-Gandhis standing in front of the drilling equipment would  turn the tide, I’d do it in a heartbeat but I still wouldn’t know how to convince the grocery clerk, the farmer or the graduate to join me.

Good informational links:

Hydraulic fracturing and  fishing

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Tom Paxton’s We Didn’t Know


(The first time I  heard this, the Vietnam War was raging.  It was sung either by The Kingston Trio or The Chad Mitchell Trio.  It requires no imagination to substitute words like, “I guess we’ve  gotta’  drop those bombs if we wanna’  keep Iraqis and Afghanis  free.”  Or,  “Torturing prisoners is an Al Qaeda game and you can bet they’re doing the same.”    Citizens and policy makers  who stand in the way of  a just reckoning for those who ordered torture  are writing   verses for all our children, grandchildren and theirs.)

We didn’t know said the Burgomeister,
About the camps on the edge of town.
It was Hitler and his crew,
That tore the German nation down.
We saw the cattle cars it’s true,
And maybe they carried a Jew or two.
They woke us up as they rattled through,
But what did you expect me to do?

[Cho:]
We didn’t know at all,
We didn’t see a thing.
You can’t hold us to blame,
What could we do?
It was a terrible shame,
But we can’t bear the blame.
Oh no, not us, we didn’t know.

We didn’t know said the congregation,
Singing a hymn in a church of white.
The Press was full lf lies about us,
Preacher told us we were right.
The outside agitators came.
They burned some churches and put the blame,
On decent southern people’s names,
To set our colored people aflame.
And maybe some of our boys got hot,
And a couple of niggers and reds got shot,
They should have stayed where they belong,
And preacher would’ve told us if we’d done wrong.

[Cho:]

We didn’t know said the puzzled voter,
Watching the President on TV.
I guess we’ve got to drop those bombs,
If we’re gonna keep South Asia free.
The President’s such a peaceful man,
I guess he’s got some kind of plan.
They say we’re torturing prisoners of war,
But I don’t believe that stuff no more.
Torturing prisoners is a communist game,
And You can bet they’re doing the same.
I wish this war was over and through,
But what do you expect me to do?

Words and Music by Tom Paxton

Economy: Fixing a Broken Heart


The magical art of economics makes sense to me  only in real-life analogies.  I know some of the jargon and find it nearly as fascinating as the art itself.  High practitioners possess a comprehensive, pragmatic and effective understanding of (1)  where we are in history;  (2)  what the future holds;  (3) what we’ll need to bridge the gap;  and (4)  what  the probability is  that particular events will effect  our forward outcomes.  The last one calculates a dizzying array of  data and impressions from climate change and famine to  sonograms and pancreatic cancer.  Economics is the Buddhism of  the Magical Arts.  In fact, this blog could have been entitled, “Breathing is Economics.”

If a patient’s heart stops,  it needs a big  jolt to act as if it’s  alive. That initial jolt is a pretense:  whether we’re re-starting a heart, a battery or an economy,  the initial stimulus is a  second chance, not a fix.  Without fuel  to keep the engine charged,  another shut down is  inevitable.  (If a mixed metaphor works, then what do we care? It’s the gestalt we’re getting at here.)

The current inside-the-bubble  discussion is about whether  Obama’s Stimulus  creates enough jobs  OR  if it’s a wish list of  forward-looking investments.  (This is the basis of the stock market which predicts which  products will get us from here to there.)  The real question should be:  does it create or save enough jobs to give us confidence in the future  AND  does it anticipate building the educational and technological bridges  that will support a recovery?  In other words and to reference an Obama quote,  “Can we walk and chew gum at the same time?”

The economic stimulus has to to be big enough to  convince us that an innovative, smart economy is  in the offing.  Of necessity,  an  economic growth package has to create  sustainable manufacturing and service sectors.  So, we must invest in education and the  body politic (arts, humanities, science and technology).  We must stimulate  new economies and continuing education that  green the planet,  generate  well-health care and build local communities.

Both the stimulus and growth plans must prove our commitment to ethics and  to a workforce that  values and can afford  to buy what it produces.  Our decision making and its process must  prove we’re commited to a republic not an oligarchy.

On my birthday (January 27th) Jon Stewart suggested a stimulus plan that would eradicate our consumer debt (including mortgages) and inject  lending institutions with capital.  The  simple beauty of his plan lacks details and leaves much  to  debate, but it pinpoints the vital starting point:  worker-consumers.  As long as we’re afraid that  debt and job losses are going to drag us  over a cliff, we’ll buy only  necessities.  Demand for products will continue to slide and it’s ridiculous to invest  in companies whose products won’t be bought.   Combined with very little credit to grease the gears,  the world economy is grinding to a halt.    While Jim Cramer waxed  poetic about recession-resistant stocks like Johnson & Johnson and Colgate Palmolive, we were buying generics at the dollar stores. Our real lives are moving  faster toward pragmatism than the stock market can anticipate or pundits in a bubble can predict. Luxury and impulse buying are gone.   We’re cleaning  our own houses, cutting our own hair, plowing our own drives, mowing our own lawns, making our own yogurt and bread,  fixing our own plumbing and  growing  our own veggies.   (See  the  Foxfire Books. A Foxfire Christmas is particularly cool, I think.)  We’ve wakened from our consumptive coma  and we’re haunting  second hand shops and  buying toilet paper for  Just-A-Buck.  (If you’re new to this, find an old hippy who still looks like an old hippy and find out where s/he got her/his clothes, food and that nifty snowblower.  Also,  check out  Freecycle.  It’s an astonishing source of  free stuff.)

Sorry.  Back to Jon Stewart’s economic stimulus.

He’s  proposed  a new place to begin and called the scheme  “trickle up.”   Months ago, I suggested a direct infusion of funds to   local employers in order to stem job losses.  Both that idea and Stewart’s  shore up  the foundation of the  pyramid and frankly, as long as we jolt the core and build from the foundation, I don’t much care how we do it.

There are a blizzard of details to sort through of which these are just a few:

Regulators and  people facing foreclosure may not know which caballic entity holds their mortgage debt today,  but  consumers know which bank and loan officer  approved it. Do we give the money to the originating bank who may have issued a lousy loan?  Remember, the patient’s heading for complete cardiac arrest.  We don’t  have time to worry about which arteries messed us up; we need to jump start the  heart.  Some greedy consumers and banks will be rewarded.   It’s an unfortunate consequence that common sense suggests we must swallow.

Would every consumer get $15,000 to pay down or eliminate non-mortgage debt?   Would we modify corporate debt?  Or,  would we  limit debt cancellation to  locally-owned and/or  -operated businesses  with healthy, symbiotic relationships to their workers and communities?  (Nirvana, that and probably  fraught with legal challenges.  Not to mention how few locally-owned and/or operated businesses are surviving the early carnage.)

Which mortgage debt do we wipe out?  Do we subsidize all properties that have lost  value since purchase  or only property holders  who’ve lost or are in danger of losing the property?  Do we include only the primary home or do  we help the  retiree who bought a vacation home as a retirement investment?  Do we consider residential and commercial mortgages?  Do we have time to look at the community-at-large?  Can we afford not to?

We don’t have time to re-value each mortgage and  credit card so we might  have to pick a pay-back  percentage  which all parties  accept as whole.  If  we  owe the credit card company  $10,000, the company has to agree that  $1,000 (10 cents on the dollar) makes them whole.  Then,  Linens & Things and  Circuit City (the bankrupt companies where we bought our towels and computers) have  to accept $5 for a $50 bed sheet and  $100 for the $1,000 computer  they sold.  (I’m not saying it’s a bad deal, but  part of the equation is that when franchise retailers go out of business,  we lose the  under-compensated jobs many of us have been “educated” to fill.)

It’s gnarly; but so is the idea of a trillion dollars going directly to banks in hopes they’ll get around to re-financing  our debt.  They won’t.  Not just because they’re greedily waiting to scoop up the weaklings, but because they’d  be crazy to lend money in a sliding economy without substantial government investment in the future.

Increasingly violent hurricanes, floods, crop destruction,  water pollution and  water wars are events that threaten our basic food supply  and our economic forecast.  They  demand  resources for fixing rather than prevention.

Our transportation and electric grids are so  unreliable  that year-round, millions of people are left for weeks without heat/air conditioning, electric and water  in the wake of  storms.  When our transportation arteries aren’t flooded, they’re rendered impassible by ice.  They’re pocked with axle-busting potholes and our bridges are crumbling.  “Bird strikes” pose a known and unpredictable threat to our air transport, for cryin’ out loud.

We’ve got plenty of work to do–plenty of valuable jobs to fill.  If  an economic plan includes a large enough jolt and forward-thinking investments,  then it stands a chance of  succeeding.  (See:  House Bill and Senate Bill at Thomas.gov.)

A small note on “Sin Taxes.” Many of  us can’t afford the pleasures of  vacations, monthly trips to the movies or fresh fruits & veggies,  so we cling to our cheap substitutes:  fast-fat-sweet-salty-food,  cigarettes,  dope and  beer).  It isn’t a pretty picture (especially for the children) but if we’re going to tax sin,  then we need to think of it in terms of  a population that can’t afford  regular trips to a therapist.