Year: 2014

WE Just Got Fracked

No Comments

A new analysis of what was previously considered the largest shale oil formation in the United States has just shrunk by 96%:

Federal energy authorities have slashed by 96% the estimated amount of recoverable oil buried in California’s vast Monterey Shale deposits, deflating its potential as a national “black gold mine” of petroleum.

Just 600 million barrels of oil can be extracted with existing technology, far below the 13.7 billion barrels once thought recoverable from the jumbled layers of subterranean rock spread across much of Central California, the U.S. Energy Information Administration said.

The new estimate, expected to be released publicly next month, is a blow to the nation’s oil future and to projections that an oil boom would bring as many as 2.8 million new jobs to California and boost tax revenue by $24.6 billion annually.

The Monterey Shale formation contains about two-thirds of the nation’s shale oil reserves. It had been seen as an enormous bonanza, reducing the nation’s need for foreign oil imports through the use of the latest in extraction techniques, including acid treatments, horizontal drilling and fracking.

The energy agency said the earlier estimate of recoverable oil, issued in 2011 by an independent firm under contract with the government, broadly assumed that deposits in the Monterey Shale formation were as easily recoverable as those found in shale formations elsewhere.

We are not going to frack our way into energy independence.

The problems that California is not like Texas, Pennsylvania, North Dakota, etc.  It is highly seismically active, and  this action has chopped the shale layer into isolated little pieces.

You have Problem with Corporate Communist Capitalism®©™, Comrade?

No Comments

North Carolina continues its trip off the deep end.

The Republicans who have control of the state are decided to make it a felony to reveal what fracking oil companies are pumping into people’s drinking water:

As hydraulic fracturing ramps up around the country, so do concerns about its health impacts. These concerns have led 20 states to require the disclosure of industrial chemicals used in the fracking process.

North Carolina isn’t on that list of states yet—and it may be hurtling in the opposite direction.

On Thursday, three Republican state senators introduced a bill that would slap a felony charge on individuals who disclosed confidential information about fracking chemicals. The bill, whose sponsors include a member of Republican party leadership, establishes procedures for fire chiefs and health care providers to obtain chemical information during emergencies. But as the trade publication Energywire noted Friday, individuals who leak information outside of emergency settings could be penalized with fines and several months in prison.

“The felony provision is far stricter than most states’ provisions in terms of the penalty for violating trade secrets,” says Hannah Wiseman, a Florida State University assistant law professor who studies fracking regulations.

The bill also allows companies that own the chemical information to require emergency responders to sign a confidentiality agreement. And it’s not clear what the penalty would be for a health care worker or fire chief who spoke about their experiences with chemical accidents to colleagues.

Seriously.

The Repubicans are beginning to give authoritarian corporatism a bad name.

This is a Good Day for Schadenfreude

No Comments

Dinesh D’Souza has just pled guilty to using straw donors in violation of campaign finance laws:

Conservative author and filmmaker Dinesh D’Souza entered a guilty plea Tuesday to a charge that he used straw donors to make $20,000 in illegal contributions to Republican Senate candidate Wendy Long in 2012, officials said.

The unexpected guilty plea came on the same day the trial for the strident critic of President Barack Obama was set to open in U.S. District Court in Manhattan.

The single felony count D’Souza admitted guilt on carries a maximum prison sentence of two years, but the plea agreement D’Souza’s lawyers reached with the government says sentencing guidelines applicable to the case call for a sentence of 10 to 16 months.

Judges are not required to sentence defendants in accordance with the guidelines, but usually do. Both sides reserved their rights to argue for a sentence outside that range and D’Souza’s lawyer Benjamin Brafman indicated he plans to ask Judge Richard Berman not to send D’Souza to prison.

The plea deal calls for dismissal of a second charge D’Souza faced if he went to trial: causing Long to file a false report with the Federal Election Commission. That carried a potential sentence of up to five years behind bars.

Atrios has noted that he is feeling far less schadenfreude about this than he expected, despite his being, “One of America’s Worst Humans.”

Me not so much.

This is the guy that has never grew up beyond tacky College Republican guerrilla theater that had classmate Timothy Geithner asking him, “how it felt to be such a dick.”  (And that is ignoring his rather idiosyncratic marital life)

This really could not happen to a more contemptible human being.

Because Our Government Has Been Completely Captured by the Banksters

No Comments

James Kwak asks, “Why Is Credit Suisse Still Allowed to Do Business in the United States?”

Thia has been another episode of simple answers to simple questions.

On a slightly less glib level, Kwak wonders why, if the financial markets are all better, and the banks insist that they are not to big to fail, why we cannot see fit to suspend the banking license of a foreign bank that has spent decades defrauding the American government.

The fundamental point is that if Credit Suisse really is solvent, then there are no losses that have to be absorbed by someone else (other financial institutions or taxpayers). If its assets really are worth more than its liabilities, then it must be possible to close down the bank without harming anyone else (except shareholders), given enough time. The whole point of capital regulation is to make sure that this can always be done. People would lose their jobs, but the whole premise of the financial sector is that it is providing useful services, which means that those jobs would be recreated elsewhere in the industry (except for the jobs based on tax fraud, which should go away for good).

Our finance system is not just corrupt, it is criminogenic.

We gotta figure out a way to shut this all down in an orderly manner, and replace it with something, you know, sane.

Bummer of a Birth Mark, Bob

No Comments

In a completely that unsurprising move, District Judge James Spencer has ruleddisgraced former Virginia Governor Bob McDonnell’s trial should proceed:

Virginia’s former governor Robert McDonnell, once a rising star in the Republican Party, failed to persuade a U.S. judge to throw out federal corruption charges against him and his wife, Maureen.

U.S. District Judge James Spencer in Richmond, Virginia, ruled today that U.S. prosecutors sufficiently supported their charges in the McDonnells’ indictment and that the case against them, scheduled for trial in July, should move ahead. Spencer also rejected the couple’s request that their cases be separated.

The McDonnells are accused of accepting vacations, loans, private plane rides and other benefits in exchange for using the governor’s office to benefit businessman Jonnie Williams, who at the time headed Star Scientific Inc. (STSI) and was trying to promote the dietary supplements made by the Glen Allen, Virginia-based company.

I half expect that the jury to, “Find the defendants incredibly guilty,” to quote Mel Brooks.

There is Justice in the World

No Comments

Asa Hutchinson, one of the ‘Phant ratf%$#s who have pushed voter ID laws to suppress the poor and minority vote, was turned away from the polls because he did not have a voter ID:

Asa Hutchinson, who won the Republican nomination in the race for Arkansas governor Tuesday, forgot his ID when he went to the polls, despite backing the state’s new voter ID law, according to the Associated Press.

Christian Olson, a spokesman for the Republican candidate, told the AP that Hutchinson believed the situation was a “little bit of an inconvenience” and that a staffer retrieved his ID so he could cast a ballot. Olson said the former congressman still believes voters should be required to show an ID.

Hutchinson’s campaign has not responded to msnbc’s requests for comment. This post will be updated when it does.

Tuesday was the first time the state’s voter ID law affected an election, and Arkansas voters were required to show identification at the polls, according to the AP. Last month, a judge struck down the voter ID law, finding it unconstitutional. But the judge said that the law would be enforced during the state’s primary.

I can imaging what was going through his head at that moment, “You cannot stop me from voting, I am white!”

Fabulous!!!!

No Comments

Not only did a federal judge overturn Pennsylvania’s gay marriage ban, but he cited Antonin Scalia in his opinion:

Upon striking down Pennsylvania’s gay marriage ban Tuesday, a federal judge cited Justice Antonin Scalia’s “cogen[t]” argument that the Supreme Court had essentially paved the way for nationwide marriage equality last year.
Here’s the relevant passage from George W. Bush-appointed Judge John E. Jones III in his 39-page opinion:

As Justice Scalia cogently remarked in his dissent, “if [Windsor] is meant to be an equal-protection opinion, it is a confusing one.” Windsor, 133 S. Ct. at 2706 (Scalia, J., dissenting). Although Windsor did not identify the appropriate level of scrutiny, its discussion is manifestly not representative of deferential review. See id. (Scalia, J., dissenting) (observing that “the Court certainly does not apply anything that resembles [the rational-basis] framework” (emphasis omitted)). The Court did not evaluate hypothetical justifications for the law but rather focused on the harm resulting from DOMA, which is inharmonious with deferential review.

It was a reference to Scalia’s scathing dissent against the Court’s 5-4 opinion that struck down a portion of the Defense of Marriage Act which prohibited federal recognition of same-sex marriages. The Reagan-appointed justice warned that the majority decision — despite officially staying neutral on whether gay marriage was a Constitutional right — relied upon reasoning that would lead to that conclusion.

I will note that referencing a minority opinion does not seem to me to be a common thing, (Note however, that I an engineer, not a lawyer, dammit*) but this is the 2nd or 3rd time that a judge has cited Scalia in making a decision invalidating a gay marriage ban.

I’m beginning to think that the Federal Judiciary is conspiring to offer a very well deserved f%$# you to Fat Tony Scalia.

*I love it when I get to go all Dr. McCoy!!!

I Guess that Steve Jobs is Really Dead

No Comments

Apple and Google have agreed to drop the patent suits that they have filed against each other:

Two giants of the mobile phone industry, Apple and Google, have agreed to drop all current patent infringement lawsuits between them, they said Friday.

“Apple and Google have also agreed to work together in some areas of patent reform,” the companies said in a joint statement. They have not agreed to cross-license each other’s patents, however.

Apple filed a lawsuit with the U.S. International Trade Commission in 2010 against Motorola Mobility, which was subsequently acquired by Google. Google has since agreed to sell the smartphone business to Lenovo, but the deal has not yet closed.

Many of the lawsuits Apple has filed against other smartphone makers, including Samsung, involve Google’s Android operating system. This deal announced Friday does not affect the Apple-Samsung lawsuit, however.

It’s a limited state step, but it is one that Steve Jobs would have taken.

Reasonable and measured was simply not a part of his DNA.

Fabulous!!!!!

No Comments

Gay Marriage is legal in Oregon:

Today Judge Michael McShane struck down Oregon’s discriminatory state constitutional amendment that denies committed gay couples the freedom to marry, ruling that it violates the U.S. Constitution. The ruling is the 17th consecutive victory in state and federal court for the freedom to marry since the U.S. Supreme Court’s ruling in Windsor v. United States in June 2013. The ruling is the 13th win in federal court for marriage since June.

The order is effective immediately – meaning that today, same-sex couples across the state will be able to marry!

Because the IRS Cannot Make Campaign Donations, I Guess

No Comments

A few years back, there was an experiment with allowing private contractors to go after people who owed taxes.

It was a failure, with abusive behavior, indifferent record keeping, higher costs, and lower performance, but the private debt collectors can make campaign donations, so the Senate is looking to bring back this clusterf%$#:

The Internal Revenue Service would be required to turn over millions of unpaid tax bills to private debt collectors under a measure before the Senate, reviving a program that has previously led to complaints of harassment and has not saved taxpayers money.

The provision was tucked into a larger bill, aimed at renewing an array of expired tax breaks, at the request of Sen. Charles E. Schumer (D-N.Y.), whose state is home to two of the four private collection agencies that stand to benefit from the proposal.

It requires all “inactive tax receivables” to be assigned to private debt collectors if the IRS cannot locate the person who owes the money or if IRS agents are unable to make contact within a year.

Some taxpayers would be spared the barrage of notices and phone calls, including innocent spouses, military members deployed to combat zones and people “identified as being deceased.”

But bereaved relatives could find themselves under siege for unpaid estate taxes under the proposal. So could people who incur a tax debt under the new Affordable Care Act — either because they owe a penalty for not buying health insurance or because the government was too generous in estimating the size of their health-care tax subsidy.

As the measure arrived on the Senate floor this week, Nina E. Olson, the nation’s taxpayer advocate, wrote a long letter to lawmakers, urging them to withdraw the proposal.

“Outsourcing the collection of federal tax debts is a bad idea,” she wrote. “It disproportionately impacts low-income and other vulnerable taxpayers, and despite two attempts [in the past] at making it work, the program has lost money both times, undermining the sole rationale for its existence.”

Moreover, “if debt collectors come to be seen as the public face” of President Obama’s health-care program, Olson wrote, “I am concerned that could make the IRS’s job” of administering the new health-insurance program “more difficult.”

But it’s back, like a bad penny.

Do you know why it is back? Because Schumer wants some local firms to to make money off the taxpayers, “$1.2 billion would be paid to the private debt collectors, potentially showering fresh cash on two companies based in Upstate New York: ConServe, of Fairport, and Pioneer Credit Recovery, of Arcade.”

To quote Declan Patrick Macmanus, “I used to be disgusted, now I try to be amused.”

We are F%$#ed

No Comments

The Western Antarctic ice sheet is collapsing, and there is little that we can do to stop it:

The collapse of the Western Antarctica ice sheet is already under way and is unstoppable, two separate teams of scientists said on Monday.

 The glaciers’ retreat is being driven by climate change and is already causing sea-level rise at a much faster rate than scientists had anticipated.

 The loss of the entire western Antarctica ice sheet could eventually cause up to 4 metres (13ft) of sea-level rise, devastating low-lying and coastal areas around the world. But the researchers said that even though such a rise could not be stopped, it is still several centuries off, and potentially up to 1,000 years away.

The two studies, by Nasa and the University of Washington, looked at the ice sheets of western Antarctica over different periods of time.

The Nasa researchers focused on melting over the last 20 years, while the scientists at the University of Washington used computer modelling to look into the future of the western Antarctic ice sheet.

But both studies came to broadly similar conclusions – that the thinning and melting of the Antarctic ice sheet has begun and cannot be halted, even with drastic action to cut the greenhouse gas emissions that cause climate change.

They also suggest that recent accumulation of ice in Antarctica was temporary.

“A large sector of the western Antarctic ice sheet has gone into a state of irreversible retreat. It has passed the point of no return,” Eric Rignot, a glaciologist at Nasa and the University of California, Irvine, told a conference call. “This retreat will have major consequences for sea level rise worldwide.”

It’s important to remember what is going on with arctic ice, where the decline has exceeded every reputable prediction, so I would start figure that, along with changes in the Greenland ice fields, we could be looking at 1 meter per decade increase in sea level.

Profiles in Cowardice

No Comments

Because just screams Democratic Judicial Nominee

Obama’s nominee for the district judge in the 11th circuit, (specifically, the noreth Georgia bench) Michael Boggs, has encountered a lot of resistance from Senate Democrats for his antediluvian attitudes on basically everything.

The latest revelation is that he vowed to oppose gays in the Boy Scouts:

New revelations could create more trouble for President Barack Obama’s embattled judicial nominee Michael Boggs.

 Boggs, currently a state appeals court judge, apparently ran a staunchly anti-gay campaign for the Georgia state House in 2000. In a flyer from his campaign, obtained by the Atlanta Journal-Constitution, Boggs vowed: “I oppose same sex marriages, I oppose homosexual Boy Scout leaders, and I support voluntary prayer in schools.”

 He billed himself as “a conservative Democrat with conservative values” who’s running on “Christian values,” and suggested he’d have more power and influence as a Democrat given that Democrats were in control of the majority.

His voting record on LGBT rights, abortion, the Confederate flag, etc. is all far right, but somehow or other, Obama saw fit to nominate him for a lifetime position on the court.

Un-Dirtyword-Believable

OK, Now We Have a Smoking Gun

No Comments

Bill Stepien, Chris Christie’s former campaign manager has now officially stated that the Governor knew what were going on as it happened:

New Jersey Gov. Chris Christie (R) told the press that no one on his senior staff had prior knowledge of the plan to close access lanes to the George Washington Bridge in September. But a lawyer representing Christie’s former campaign manager Bill Stepien now says that was wrong.

The claim was included in a letter sent in early April — and made public Wednesday — by attorney Kevin Marino. The letter was sent to Randy Mastro, the high-priced defense attorney who led the governor’s internal review of the scandal.

The letter demanded corrections to a report produced by Mastro and his team, which cleared Christie of any role in the scandal. Among Marino’s demands: that Mastro retract the portion of the report claiming that Stepien had falsely assured Christie that he had no “prior knowledge of the [GWB] lane realignment.”

“[T]he Report itself acknowledges — albeit obliquely — that Mr. Stepien advised Governor Christie on December 12, 2013, that he (Mr. Stepien) did have prior knowledge of the lane realignment,” Marino wrote, later adding: “When the Governor asked Mr. Stepien directly whether he had prior knowledge of the lane closures, Mr. Stepien truthfully told the Governor that [former Port Authority of New York and New Jersey executive] David Wildstein had come to him with the idea, to which Mr. Stepien responded that Mr. Wildstein would have to run the idea by normal channels in Trenton (i.e. the Governor’s Office).”

So I guess that it is going to be a Jeb Bush/Hillary Clinton race in 2016. **shudder**

But Remember, By Law this Vote is Non-Binding

No Comments

Following an abysmal performance, Chipotle shareholders voted against pay raises for senior executives:

Investors in Chipotle Mexican Grill voted overwhelmingly on Thursday against the company’s executive compensation plans, sending a strong rebuke to a company that had awarded more than $300 million to its co-chief executives in recent years.

More than 75 percent of investors voted against Chipotle’s say-on-pay measure, which asked investors to ratify a compensation plan that would continue such payments to Steve Ells, Chipotle’s founder, and his co-chief, Montgomery F. Moran, over the next few years. That was the highest vote against any say-on-pay measure among the country’s largest 3,000 companies this year.

Though the vote is nonbinding, Chipotle said it was taking investor sentiment into consideration.

“We take this very seriously,” a Chipotle spokesman, Chris Arnold, said in a statement. “It has always been, and continues to be, a top priority that our compensation programs are driving the creation of shareholder value. We thank our investors for the feedback we have received on this issue and will continue to engage with our investors as we review our compensation programs that build value for all of our investors.”

Shareholder discomfort with Chipotle’s multimillion-dollar executive compensation plans has grown. At last year’s meeting, 27 percent of shareholders voted against the say-on-pay measure. But in recent months, smaller investors, including the CtW Investment Group, have lobbied big institutional investors to join them in trying to rein in Chipotle’s executive pay.

Note however, this is a non-binding vote.

Binding shareholder votes on executive pay are forbidden by US law.

H/t Crooks and Liars.

Your Ukraine Update

No Comments

We now have some on the ground media reports that make it very likely that US security consultants (mercenaries) are on the ground in the Ukraine:

The leaks may have more truth in them than I had assumed. Paris Match, a well regarded weekly French magazine, investigated the recent incidents in Krasnoarmeysk in east Ukraine where some para-military gang disrupted the vote on more autonomy for the region by killing two supporters of the federalists. It finds photographic evidence that the gang was led by functionary from the fascists paramilitary Right Sektor:

These images show Andrey Denisenko, one of the Pravy Sektor chiefs, among a group of mysterious gunmen that attacked a voting station Sunday in the small town of Krasnoarmeysk, some 60 kilometres from the separatist « capital », Donetsk. After occupying the local town hall for several hours, the militiamen shot down point blank one local civilian, and killed two other unarmed protesters.

These Pravy Sektor thugs were hired for the “special battalion Denjpr” of the newly created “National Guard” and are paid by oligarch Ihor Kolomoyskyi.

 But there is an even bigger scoop in this story.

 Jerome Sessini, an experienced war photographer for Magnum who has worked in Iraq, Afghanistan and other places, was in Krasnoarmeysk and made some very interesting observations:

Several witness also said they heard some of the gunmen speaking with strong western Ukraine accents. They also noticed that some of the gunmen appeared to come from the Caucasus area, possibly mercenaries from Chechnya. Other gunmen never spoke a word and seemed foreign to the region. French war photographer Jerome Sessini spent about an hour face to face with the gunmen before they opened fire. « I found that their general attitude and their very precise techniques gave off the impression that they were American mercenaries, or people trained by American mercenaries » said Sessini. « I can’t guarantee this for sure, but I’d give it a 95 per cent, » added the photographer, who frequently interacted with various U.S. security contractors during his years covering the wars in Afghanistan and Iraq.

A long time ago, when I took part in martial arts competitions, I could tell which dojo my opponents had learned at just by watching their warming up rituals. Someone who’s longtime profession is to observe, identify and document people at war should surely be able to categorize special forces he interacted with along the “schooling” and attitude those have.

Also you have to read this essay by Michael Hudson on the underlying motivations for US and EU adventurism in the Ukraine, where asserts the program of destabilization and austerity (austerity being the EU/IMF deal that Yanukovich rejected):

Finance in today’s world has become war by non-military means. Its object is the same as that of military conquest: appropriation of land and basic infrastructure, and the rents that can be extracted as tribute. In today’s world this is taken mainly in the form of debt service and privatization. That is how neoliberalism works, subduing economies by indebting their governments and using unpayably high debts as a lever to pry away the public domain at distress prices. It is what today’s New Cold War is all about. Backed by the IMF and European Central Bank (ECB) as knee-breakers in what has become in effect a financial extension of NATO, the aim is for U.S. and allied investors to appropriate the plums that kleptocrats have taken from the public domain of Russia, Ukraine and other post-Soviet economies in these countries, as well as whatever assets remain.

He then a suggestion of how to fix this:

The cure for a rent-seeking oligarchy is to tax away rent seeking and de-privatize public monopolies. What Ukraine’s kleptocrats have taken (and what foreign investors seek to extract) can be recovered by promoting classical progressive policies taxing land and natural resources, regulating monopolies and providing public infrastructure investment, including a public option for banking and other basic services. That is what drove the U.S. and Western European industrial takeoffs, after all.

When reading Hudson’s essay, I realized something:  the role of international finance as a hostile colonizing is not just limited to the former Soviet Union, or 3rd nations.

When we look at Wall Street, and the City of London, they aren’t just business interests who are f%$#ing up our economy.   They are an occupying colonial power all over the world, which while far less mellifluous than Matt Taibbi’s term, “Vampire Squid,” is a better description.

One only needs to look at things like Timken’s Wall Street driven spin off of its steel business (which will eliminate a core competency in its bearing business) to see how the policies of deindustrialization and looting are being applied here.

Wall Street is not just a corrupt and corrupting part of our economy, it is an invading colonial force.