Back on July 8, Eliot Spitzer and William Black co-authored a brief piece at HuffPo that I meant to comment on, but then failed to because of the shift to weekday blogging. Better late than never, I supposed. Here's a key part of SEC and MMS: A Tale of Two Failures:
The SEC and the Minerals Management Service's (MMS) share a number of characteristics we can't help but notice in the wake of the worst environmental disaster in U.S. history, which followed the second-worst financial disaster in same....Both agencies have been failures for at least a decade.
In both instances, the regulators accepted industry assertions about the reliability of their safety mechanisms while failing to acknowledge -- much less investigate -- the darker, more complex reality. In each crisis, we had the same story of a belief in the reporting done by corporations, and in each case, we had a failure to recognize the enormous potential for fraud and the lack of incentives these corporate entities have in ascertaining and measuring potential risks to the public. The regulators continued to believe the lies fed them by CEOs even when the lies had become absurd. Both times, the agencies charged with regulating ignored the advice of their own experts, neglected to enforce rules, and engaged in an alarmingly cozy relationship with the industry they were supposed to be monitoring.
So far, the Obama administration has failed to fully grapple with the weaknesses and corruption of the regulatory agencies meant to guard the public from harm. Across the entire spectrum of regulatory agencies, there exists a dangerous atrophy of infrastructure which may lead to disasters we cannot yet imagine. Maybe now, as the oil slicks spread across the Gulf, killing wildlife and wrecking lives, our false sense of security is dissolving. We hope so, because if we don't learn from these horrific experiences, we can expect more of them. Where will the next disaster occur? At the Food and Drug Administration? At the National Transportation Safety Board? At the Nuclear Regulatory Commission?
There are two points I want to make: First, that this is just the tip of the iceberg of a sweeping conservative attack on regulatory and scientific integrity. Second, that Obama's demonstrable indifference gives the lie to the Third "Third Way" claim that their approach--using private entities and 'strict regulation'--can do the job as well as public ownership. The theory just might be plausible, but the practice gives the game away: They are much more partners with conservatives in re-purposing the welfare (and regulatory) state for conservative ends than they allies with true progressives in preserving the welfare state's public-serving ethos.
Washington has a blind spot when it comes to the environment. BP and the oil spill brought the government's failures into the spotlight, but the same problems crop up across industries: Corporations pollute water, blast through mountains, and pour carbon into the atmosphere with insufficient oversight. But no one-Congress, the environmental community, or the president-seems to have the power to address these issues.
The Senate says it will take up energy legislation soon, but staffers are saying the body won't pass a strong climate bill without more public pressure. Energy companies are ripping resources from the land and leaving destruction in their wake, while clean energy technology, though popular, has yet to form a new platform to fill the country's needs.
And where's presidential leadership on this issue? "The president had a good meeting a couple days ago with senators from both parties that have led on this issue," Press Secretary Robert Gibbs told the press this week, according to Mother Jones. "We have not made any final determinations about the size and scope of the legislation except to say that the president believes, and continues to believe, that putting a price on carbon has to be part of our comprehensive energy reform."
President Barack Obama has taken his time to reveal definitive policy stances on issues like health care and the war in Afghanistan; in those cases, it was clear a decision was coming. On climate, it's less clear that the president is moving towards a decision that will push Congress to act.
The Senate
The problem is not a lack of policy ideas. The Senate has already produced two decent bills that put a price on carbon, an effort that would over time decrease the country's contributions to the world's emissions. The second of those bills-the American Power Act, also known as the Kerry-Lieberman bill-would reduce the deficit by $19 billion, as the Congressional Budget Office announced this week.
Plenty of Senators have trumpeted about the need to reduce to the deficit. But in Washington, even a $19 billion reduction won't help push forward legislation that Senators have decided to shirk. As Aaron Wiener writes for the Washington Independent:
"Will that be enough to get the bill passed? Of course not. The very same centrist senators who frequently raise deficit concerns are wary of legislation that could raise energy prices, and so the APA appears all but dead."
Clean energy technology
At Grist, Jesse Jenkins suggests that enviros needs to reframe the issue altogether. "If you look at what Americans support in poll after poll, it is clean energy technology," he says. "Put investment in clean technology front and center-and oh, by the way, we're going to pay for this with a modest fee on carbon."
Part of the problem could be that the country's waiting for big corporations to lead the energy revolution. At Chelsea Green, however, Greg Pahl argues that smaller projects should play a bigger role, too. "Given the choice between a large, corporate-owned coal-fired power plant or a large, corporate-owned wind farm, the obvious choice is the wind farm, regardless of who owns it," he writes. "But that's no reason to exclude smaller...community projects that are far more effective in promoting distributed-generation strategies."
Yes, your Majesty
It should be embarrassing for the Senate that, as a body, it's more conservative than the Queen of England. This week, Queen Elizabeth told the United Nations that climate change was a front-line issue. Care2 reports that the Queen's "brief statement was largely unremarkable but for the fact that she called out climate change, placing it on a par with terrorism in terms of today's challenges."
On environmental issues in general, though, the American government isn't living up to its potential. The Bureau of Land Management (BLM), for example, could be working to minimize the impacts of oil and gas drilling on public lands, but "the agency is reluctant to wiled that power after a drilling lease is granted," Public News Service reports.
National Marine Fisheries Service
BLM is just one of a tangle of agencies that could, in theory, push back against the interests of big energy companies. They haven't done so. In the case of the BP oil spill, for instance, TPMMuckraker reports that the National Marine Fisheries Service missed an opportunity to push back against BP's lease, but, using bad information from the Minerals Management Service, rubber-stamped the operation. Rachel Slajda writes:
"In 2007, the National Marine Fisheries Service, which enforces the Endangered Species Act, was asked to give its 'biological opinion' on the impact of new oil drilling leases-including the lease of the now-leaking Macondo prospect-on endangered species, including turtles, sperm whales and sturgeon. ... In the report (PDF), NMFS estimated the impact of a major spill on endangered species and concluded that the new drilling 'is not likely to jeopardize the continued existence of these species.'"
New Dawn
Energy companies are not the only ones tipping the balance against the environment, either. At the American Prospect, Monica Potts delves into Dawn detergent's less than pristine environmental record. The detergent has benefited lately from a spate of good press because wildlife groups are using Dawn to clean oiled birds in the Gulf. But Potts writes that Dawn's parent company, Procter & Gamble spent more than $4 million last year on lobbying and opposed measures that would, for instance, regulate household chemicals.
"Procter & Gamble lobbied against a 2009 effort to disclose ingredients in household cleaning products, instead supporting an industry-led voluntary-disclosure effort. It also lobbied against bans in various states on dishwashing detergent containing high levels of phosphorus and fought to delay the bans' implementation," Potts explains. "The company opposed stricter household chemical regulations in the European Union in 2003 and is rated poorly by Greenpeace for the chemical content of its household products. Those chemicals, including ones banned in the EU because they can be harmful to fish and humans, end up in the environment."
The list of such offenses goes on, and touches legions of companies. However limited, a climate bill would be a good start to addressing the country's environmental woes. The Senate says it needs to hear this from more people before taking real steps to combat climate change; anyone who's concerned about the planet's future might want to start speaking up.
This post features links to the best independent, progressive reporting about the environment by members of The Media Consortium. It is free to reprint. Visit the Mulch for a complete list of articles on environmental issues, or follow us on Twitter. And for the best progressive reporting on critical economy, health care and immigration issues, check out The Audit, The Pulse, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
President Barack Obama is in Louisiana today, and BP is saying it will know in 48 hours if its attempt to "top kill" the leaking oil well in the Gulf Coast by pouring mud and cement over it has worked.
If the scramble to stop the leak has ended, the slog to clean up is just beginning. Thousands of fisherman are still out of work, as ColorLines notes. But there are new jobs in Louisiana. This week Mother Jones' Mac McClelland visited workers raking oil off a beach in Louisiana. One man, she writes, "can't count how many times he's raked this same spot in the 33 hours he's worked it since Thursday, but one thing he's sure of, he says, is that he'll be standing right here tomorrow and the next day, too."
Next moves
Although the regulatory infrastructure that was supposed to oversee companies like BP failed in this case, the administration is stepping up to ensure that the spill is stopped and the clean-up begun. "I take responsibility," the president told reporters yesterday. "It is my job to make sure everything is done to shut this down."
Kevin Drum calls this performance and the media affirmation that came after it "the kabuki of our times"-a show that only pretends that the government has the wherewithal to stop the leak without the resources of private industry.
"The president has to be In Charge whether he can actually do anything or not," Drum writes. "What everyone should be asking is not what the feds are going to do about capping the leak, but what they're going to do to make sure all the oil is cleaned up afterward."
Going forward, the government needs to make sure that BP fulfills its clean-up promises. Without strong oversight, the company could slip out of paying its debts. That's what happened last time an energy company left a lake of oil in American waters, as Riki Ott's Not One Drop documents. The book "describes firsthand the impacts of oil companies' broken promises when the Exxon Valdez spills most of its cargo and despoils thousands of miles of shore," according to Chelsea Green.
BP's behavior
BP has little incentive to clean up its operations or to take responsibility for the damage it has already incurred. As Care2 reports, another BP rig had to shut down this week when a power outage caused crude oil to spill from its storage tank to "secondary containment." And on the Hill, Rep. Ed Markey (D-MA) charged that the company was deliberately low-balling its estimates of the Gulf spill's size to avoid additional fines.
At The American Prospect, Monica Potts delves into the logic behind BP's operations. Even when using one of the highest estimates of the spill's volume-70,000 barrels a day, or more than 2 million barrels overall-she writes, "Americans burn about 10 times that, 21 million barrels, each day. It would only take us a couple of hours to use up everything in the Gulf. This is despite everything we know about how bad burning oil is. Given that, it's not surprising that an oil company might rank our desire for oil more highly than our undemonstrated desire to avoid ecological disaster."
Environmental obscenities
In Texas, activists tried this week to demonstrate to BP that consumers do desire to avoid such disasters, AlterNet reports. A group of women traveled to the company's headquarters and, wearing little more than sandwich boards, tried to expose "the naked truth about drill, baby, drill."
AlterNet reports that Diane Wilson, who organized the protest "doesn't take nudity lightly." Growing up in rural Texas, "I was taught that flesh is sinful, it's the devil," she said. "So for me, using nudity to expose the truth about BP was WAY outside my comfort zone. But I realized that it's the destruction of our ecosystem by corporate greed that's obscene, not a woman's body."
Real responsibility
It's important to realize that such destruction is not limited to this one catastrophe in the Gulf. As David Roberts writes at Grist:
"We don't get back the land we destroy by mining. We don't get back the species lost from deforestation and development. We don't get back islands lost to rising seas. We don't get back the coral lost to bleaching or the marine food chains lost to nitrogen runoff. Once we lose the climatic conditions in which our species evolved, we won't get them back either."
Fixing the system
If Obama is ready to take responsibility for the oil spill, he might want to focus on strengthening the government regulators who oversee these dangerous industry. The lack of oversight from the Minerals Management Service-which was rotting from the inside-out long before Obama came into office, TPM reports-played a huge role in this spill. Across the country, the government bodies that are supposed to be guarding the environment have stepped away from that responsibility.
Consider, for instance, Forrest Whittaker's report about his state's environmental oversight agency. "In decision after decision, the Texas agency that's supposed to protect the public and the environment has sided with polluters," Whittaker writes.
President Obama may not be able to fix Texas' problems, but he can provide leadership by correctly regulating corporations that pollute. In that way, the president can take responsibility not just for cleaning up this spill, but for preventing the next one.
This post features links to the best independent, progressive reporting about the environment by members of The Media Consortium. It is free to reprint. Visit the Mulch for a complete list of articles on environmental issues, or follow us on Twitter. And for the best progressive reporting on critical economy, health care and immigration issues, check out The Audit, The Pulse, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Weekly Mulch: Slick of Oil Industry Cash Gummed up Regulatory Works
by Sarah Laskow, Media Consortium blogger
The Deepwater Horizon oil spill in the Gulf of Mexico is worse than anyone thought, and the crisis will likely go on for months. British Petroleum (BP) is tripping over itself to say it'll cover the costs of the clean-up, yet before the spill, the company spent its time and money pushing back against government regulation and safety measures.
Care2 reports, "A piece of machinery costing .004% of BP's 2009 profits might have prevented the Gulf of Mexico oil spill that is currently threatening the U.S. gulf coast. An acoustic valve designed as a final failsafe to prevent oil spills costs $500,000; the Wall Street Journal writes that the valve, while not proven effective, is required on oil rigs in Norway and Brazil, but not in the U.S."
Oil is drifting towards the southeastern coastline as clean-up crews and politicians scramble to respond. BP has not staunched the leaks that are pouring more than 200,000 gallons of oil into the Gulf of Mexico each day.
Beach communities in Louisiana, Mississippi, Alabama and Florida are bracing for the oil's arrival and waiting to see what the damage to their businesses and their natural resources will be. And in Washington, members of Congress, who just a couple of weeks ago were willing to compromise on off-shore drilling expansion are rallying against the practice.
As Sen. Joe Lieberman (I-CT) said this week, "accidents happen," but in this case, it's becoming clear that the oil industry and government regulators did not do all they could to minimize the risks of a spill.
The slick
Over the past week, reporters trying to describe the size of the spill have compared it to Jamaica or Puerto Rico. Public News Service talked to Steve Bousquet, Tallahassee bureau chief for the St. Petersburg Times, who saw the slick in flight.
"It's really a horrifying thing to see because of the magnitude of it," Bousquet said. "They use these chemicals to break up the oil and it takes on a kind of rust-colored look to it. And we saw these long streaks, miles and miles long of oil, and just oil as far as the eye can see."
"This is Louisiana sweet crude, and it's got a lot of what's called "light ends," which evaporate very quickly into the air and also dissolve very readily into the water column. So what you see on the surface is like the tip of the iceberg...Imagine a big cumulus cloud of dissolved and dispersed oil under the slick, wherever it is. And that cloud is extremely toxic to everything in the water column - shellfish, eggs and embryos - so shrimp eggs and young life forms that are in the water column, young fish."
According to Dr. Ott, the extent of the damage won't be clear for a few years. Oyster fisherman, for instance, would usually be seeding oysters now, as the crops take two years to mature. That work needs to be done within the next few months to avoid economic losses two years in the future, but the precautionary measures shutting off access to waters east of the Mississippi are keeping that from happening.
Oiling the machine
It's no accident that oil interests work under looser rules. As Lindsay Beyerstein reported last week for Working In These Times, BP wrote to the U.S. Minerals Management Service (MMS) saying that tighter regulation of the oil industry was unnecessary. MMS doesn't have a stellar history of oversight, and if you're not familiar with its sordid past, TPM's Justin Elliott put together a tour through the agency's history with sex and drugs.
The industry hasn't just been selling snake oil to MMS, though. Oil companies have been greasing the palms of politicians with campaign donations for years. Democracy Now! spoke to Antonia Juhasz, author of The Tyranny of Oil, about the oil industry's influence.
"The entire oil industry, will continue to use its vast wealth - unequaled by any global industry - to escape regulation, restriction, oversight and enforcement," Juhasz says. "BP, now the source of the last two great deadly US oil industry explosions, has shown us that this simply cannot be permitted."
The new politics of climate
To see the oil industry's influence in action, look no further than the ongoing work on the Senate's climate legislation. Two weeks ago, before the spill, Sen. John Kerry (D-MA) announced that the oil industry would back the tri-partisan legislation that he was working on with Sen. Lieberman and Sen. Lindsey Graham (R-SC). Since then, Graham has stepped away from the bill, and off-shore drilling, a keystone of the negotiations over the legislation, has become much less politically palatable.
"While he acknowledged that "we can't drill and burn our way out of danger," Kerry also spoke highly of the oil companies backing the draft legislation, which was supposed to be released last week," Sheppard writes. "BP, operator of the rig currently spewing hundreds of thousands of gallons of oil into the Gulf of Mexico, was expected to be among the supporters."
"Ironically we've been working very closely with some of these oil companies in the last months," Kerry said. "I took them in good faith. They have worked hard with us to find a solution that meets all of our needs."
Kerry still seems confident that the climate and energy bill will move forward, but, Steve Benen writes at the Washington Monthly, that's things are far from certain.
"The legislation was predicated on something of a grand bargain -- the left would get cap-and-trade and investment in renewables; the right would get nuclear plants and offshore drilling," Benen explains. "But in the wake of the catastrophe in the Gulf, there is no deal. Key Dems now insist drilling be taken off the table, while Republicans and Democratic industry allies (Louisiana's Mary Landrieu, for example) now insist they won't even consider a bill unless it includes plenty of drilling."
While the White House is saying that the oil spill may spur interest in and support for clean energy legislation from Congress, that hasn't happened yet. Congressional leaders might have to wait for the noise from the Hill to die down before they can re-start serious discussions about how to pass a climate bill.
This post features links to the best independent, progressive reporting about the environment by members of The Media Consortium. It is free to reprint. Visit the Mulch for a complete list of articles on environmental issues, or follow us on Twitter. And for the best progressive reporting on critical economy, health care and immigration issues, check out The Audit, The Pulse, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Two disasters flared up this week, one environmental, the other political. Off the coast of Louisiana, oil from a sunken rig is leaking as much as five times faster than scientists originally judged, and the spill reportedly reached land last night. And in Washington, Sen. Lindsey Graham (R-SC) jumped from his partnership with Sens. John Kerry (D-MA) and Joe Lieberman (I-CT) just before the scheduled release of the draft of a new Senate climate bill.
The trio had worked for months on bipartisan legislation on climate change. After Graham's defection, his partners promised to press on, but the bill's chances of survival are dimmer.
The next Exxon Valdez?
As Grist puts it, the spill off the Louisiana coast is "worse than expected, and getting worser." The oil rig sank on April 20, and since then, oil has been pouring out of the well and into the Gulf of Mexico.
British Petroleum (BP), which operates the rig, along with the Coast Guard and now the Department of Defense, has pushed to contain and clean up the spill. The problem is deep under water and difficult to measure, but by mid-week, experts estimated that it was gushing 5,000 barrels a day from three different leaks.
Interior department officials said the spill could continue for 90 days. Mother Jones' Kevin Drum looks at a couple of estimates for how much oil could end up in the Gulf and concludes, "An Exxon Valdez size spill might only be a few days away."
The federal government has rallied to respond. Administration officials have traveled to Louisiana, and both the executive branch and the legislative branch have announced investigations into the spill. But, as Care2 writes, the White House is saying that the explosion should not derail plans for future drilling.
"In all honesty I doubt this is the first accident that has happened and I doubt it will be the last," press secretary Robert Gibbs told reporters, according to Care2.
New drilling, no regulations
Just a few weeks ago, President Barack Obama announced that the government would open up areas off the East Coast for offshore oil and gas drilling. The proposal already had some opponents, and the spill makes the politics of new drilling that much trickier. Mother Jones' Kate Sheppard reports that White House energy and climate adviser Carol Browner acknowledged the issue, along with energy experts around Washington.
"This reopens the issue: Is the risk worth the reward?" Lincoln Pratson, a professor of energy and environment at Duke's Nicholas School of the Environment, told Sheppard.
And even though BP is relying on the Coast Guard and the Department of Defense for help managing this spill, the company is pushing back on efforts to minimize those risks, Lindsay Beyerstein reports for Working In These Times.
The company "continues to oppose a proposed rule by the Minerals Management Service (the agency that oversees oil leases on federal lands) that would require lessees and operators to develop and audit their own Safety and Emergency Management Plans (SEMP)," Beyerstein writes. "BP and other oil companies insist that voluntary compliance will suffice to keep workers and the environment safe."
Climate bill catastrophe
The country might also have to rely on companies' "voluntary compliance" with measures to combat global warming: Congress doesn't seem likely to pass a bill regulating carbon any time soon. Sen. Kerry and friends were supposed to release their version of climate legislation Monday, but over the weekend, Sen. Graham backed out. His reason? Senate Majority Leader Harry Reid had floated the idea of prioritizing immigration reform, which Graham argued would undermine work on energy legislation.
"It seems like the senator...has a bit of an attitude problem," wrote The American Prospect's Gabriel Arana. "He storms out of climate talks because Democrats have dared consider working on two things at once? The degree to which movement in the Senate hinges on this single, mercurial senator, seemingly the only one whose agenda includes something more than stymieing Democrats, is remarkable."
Call the clean up crew
After Graham's announcement (Arana called it a "hissy fit"), congressional democrats scrambled to prove that the climate bill was not knocked entirely off course. On Monday, Sen. Kerry and Sen. Lieberman met with their wayward colleague; by Wednesday, Sen. Reid had promised that he would "move forward on energy first;" and by Thursday, Kerry and Lieberman had asked the EPA to start evaluating the bill's environmental and economic impacts.
Although a draft of the bill was supposed to come out on Monday, no one has seen it. At Mother Jones, Kate Sheppard reports that even the EPA, which is supposed to analyze the bill, hasn't received the full draft.
"According to the EPA, the senators submitted a "description of their draft bill" for economic modeling," she writes. "The agency confirmed in a statement to Mother Jones the senators "have not sent EPA any actual legislative text." The agency is determining whether it has enough information about the bill to produce an analysis of its economic and environmental impacts."
Despite assurances from the Senate leadership, it's not clear if climate legislation will come to the floor this year or, if it does, that it will pass.
Not a disaster
There was one bright spot of news for environmentalists this week: the United States will build its first off-shore wind farm off the coast of Cape Cod. The project, called Cape Wind, has a host of opponents, but Secretary of the Interior Ken Salazar decided to approve it. The scale will be smaller than originally planned-130 rather than 170 turbines, the Washington Independent reports-which could mollify critics who worried about its visual impact.
Cape Wind is a prime example of how clean energy projects can still cause harm or anger the people who live in their shadow. The Texas Observer recaps opposition to clean energy projects: A working-class neighborhood fought against efforts to build a biomass plant in their town, and won.
"Despite some activists touting these projects as solutions to global warming, and politicians promoting them as the key to economic prosperity, renewable energy projects tend to have their own sets of problems for local residents," reports Rusty Middleton.
Biomass is one thing: burning materials like waste wood might produce fewer greenhouse gasses, but a biomass plant still dirties the air around it. But if the choice is between an off-shore wind farm that could mar a pleasant vista or an off-shore drilling operation that could spill gallons of oil onto your coast, it seems clear which is the better option.
This post features links to the best independent, progressive reporting about the environment by members of The Media Consortium. It is free to reprint. Visit the Mulch for a complete list of articles on environmental issues, or follow us on Twitter. And for the best progressive reporting on critical economy, health care and immigration issues, check out The Audit, The Pulse, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
