Frackers Must Pay For Our Lawyers – In our dreams

This probably will not happen, but it can’t hurt to ask.

Here we are at Day 47 (12/31/2013) of the IDNR Comment Period as we close out 2013.   We anticipate hand-delivering 20,000 hard-copy comments to IDNR on either Thursday or Friday afternoon of this week–just trying to firm up the date and time.  We will have a date and time locked in by tomorrow. Thank you, all of you, who have participated in writing comments.  We couldn’t have done this without you.

Today’s Topic: Recouping Attorney Fees

  • Go to: http://www.dnr.illinois.gov/OilandGas/Pages/OnlineCommentSubmittalForm.aspx
  • Click the button:  Subpart C: Permit Decisions (245.300-245.360)
  • In the “Section” dropdown box, click:  245.310 Permit Denial
  • Submit your comment/s (below)
  • Click “Submit”

Comment:

DNR’s rules should include a provision that would authorize the recovery of attorney fees for those who successfully challenge a permit application.

The Statutes:

Section 1-102(c) of the Hydraulic Fracturing Regulatory Act (225 ILCS 752/1-102(c)) allows a circuit court to award attorney fees where a person successfully sues to enforce compliance with the Act:

   “(c) The court, in issuing any final order in any action brought under this Section, may award costs of litigation (including attorney and expert witness fees) to any party, on the basis of the importance of the proceeding and the participation of the parties to the efficient and effective enforcement of this Act.”

Also, section 10-55(c) of the Illinois Administrative Procedure Act (5 ILCS 100/10-55(c)) allows a circuit court to award attorney fees to a party who successfully challenges a DNR rule in court:

   “(c) In any case in which a party has any administrative rule invalidated by a court for any reason, including but not limited to the agency’s exceeding its statutory authority or the agency’s failure to follow statutory procedures in the adoption of the rule, the court shall award the party bringing the action the reasonable expenses of the litigation, including reasonable attorney’s fees.”

The Rules:

But DNR’s proposed rules do not allow for an award of attorney fees for an interested person who hires an attorney and successfully challenges a permit application.  Given the typical situation–a vast disparity in financial resources between the typical industry applicant, on the one hand, and an adversely affected individual landowner or other interested person on the other, the ability to hire and pay for an attorney will be essential to ensuring a fair hearing on a contested permit application.

Needed Revision:

Section 245.310 should be revised to include a provision for the reimbursement of attorney fees to a person who successfully challenges a permit application.

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Go there and comment. More and the last Friday.

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The United Nations Makes These Type Lists All The Time – There is a reason for that

The U.N does a whole lot of good. It does not balance out the bad that humans do to each other and to the planet. Not even close, but they are trying. Again in third world countries no less.

http://www.unep.org/

Afghanistan, UNEP Launch USD $6 Million Initiative to Help Communities Adapt to Effects of Climate Change

Bamyan, Afghanistan, 11 October 2012 – The Government of Afghanistan, through its National Environmental Protection Agency (NEPA), has launched a USD $6 million climate change initiative, the first of its kind in the country’s history.

This landmark scheme – to be implemented by the United Nations Environment Programme (UNEP) and funded mainly by the Global Environment Facility (GEF) – aims to help communities that are vulnerable to the effects of climate change, such as drought, and to build the capacity of Afghan institutions to address climate change risk.

“The Government of Afghanistan is showing a remarkable commitment to working with communities for a landscape approach to dealing with climate change in the country,” said Michael Keating, UN Afghanistan Resident Coordinator, speaking from Bamyan in the Central Highlands, some 200km west of Kabul.

“We also welcome the opportunity to help Afghan institutions better deal with shocks and hazards, and increase resilience at a decentralized level,” he added.

UNEP identified Afghanistan as one of the countries most vulnerable to climate change, because of the potential impacts and its current limited capacity to react to these impacts. Climate change adaptation is especially important in developing nations, since those countries are predicted to bear the brunt of climate change effects. The overarching goal is to reduce the vulnerability of biological systems to these impacts.

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Go there and read. More tomorrow.

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Drought And The Mississippi River – How low can you go

I was going to write a piece today on the stupidity of trying to maintain our addiction to liquid fuels that are not sustainable like ethanol. But then it suddenly dawned on me, if the corn can’t get to the processing plant then there is really nothing to write about. Yup the barges are stacking up in a river that is, in some places down to one lane and in an 11 mile stretch it is closed. They also point out that after the flooding last year they did no dredging cause the rich people won’t pay their taxes. Oh sorry.

http://www.theatlantic.com/technology/archive/2012/08/this-years-drought-is-so-severe-you-can-see-its-toll-on-the-mississippi-river-from-space/261428/

This Year’s Drought Is So Severe, You Can See Its Toll on the Mississippi River From Space

Aug 22 2012, 9:42 AM ET

Last year, the Mississippi River flooded. Major storms combined with melting snow brought the waterway more than 56 feet above river stage in May. The Army Corps of Engineers lifted the floodgates of the Morganza Spillway, deliberately inundating some 3,000 square miles of rural Louisiana to spare worse damage in New Orleans and Baton Rouge. In August of last year, NASA’s Landsat 5 satellite took a picture of the swollen river. Here’s what it saw:

(note: I know longer post pictures on this blog for the most part. They take to much time and effort to post.)

 

This year it’s an entirely different story. At the end of last month, more than 60 percent of the lower 48 states were in drought, and the might Mississippi was running low. An 11-mile stretch of river has been closed on and off since August 11, and earlier this week nearly 100 boats lined up near Greenville, Mississippi, waiting to pass. Water levels near Memphis are ranging from 2.4 to 8.3 below river stage, compared with 11.7 feet above at this time last year. To make matters worse, the floods of last year deposited huge amounts of sediment on the river bed, reconfiguring the existing channels.

Again NASA was there to capture the view from space, this time with Landsat 7. Here’s that image:

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Go there and see the startlingly different pictures and read. More tomorrow.

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Utility Companies Are Struggling Against Global Warming – Since they helped cause it you would think they would have a plan

But that would mean that monopoly utilities were smart and they are not. Now that the problem has been shoved in their face by the warming up of the sun, they want to talk about it. Great.

http://www.pgecurrents.com/2012/08/07/climate-change-comes-to-the-power-industry/

August 7, 2012
Climate Change Comes to the Power Industry

By Jonathan Marshall

With temperatures setting new records across the country, and over half of the continental United States now experiencing serious drought, global warming is no longer just a prediction of climate scientists. It’s a reality, here and now.

Though every sector of human activity is feeling the impact, electric utilities are feeling them especially keenly, as they struggle to keep up with peak summer demand for air conditioning. At the same time, heat and drought threaten to curb their ability to generate and transmit power in the first place.

As Matthew Wald reported in his Green blog, one power plant in the Midwest was recently curtailed and another shut down altogether because river water levels dropped too low for their cooling intake valves. This was no fluke. A number of Texas power plants reduced their output in 2011 due to water shortages. Three years earlier, many more plants throughout the drought-stricken Southeast came close to shutting down.

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Go there and read. More tomorrow.

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Refineries Shut Down All Over The Country – Is this a coincidence

Come on. 4 refineries in a 4 state region are effected at the same times by “disasters” that would be easy to contrive. In 2 of the biggest markets in the country, the Great Lakes Region and California. Can that be an accident? Looks highly suspicious to me. One thing is for sure everybody is loving those rising gas prices besides the drivers and President Obama. Maybe that is what they are after, defeating Barack Obama and electing one of their own, Mittens Romney.

http://www.ajc.com/news/nation-world/fire-is-latest-pollution-1494592.html

Fire is latest pollution problem at Chevron plant

National / World News 12:06 p.m. Thursday, August 9, 2012

By JASON DEAREN

The Associated Press

SAN FRANCISCO — A massive Chevron oil refinery fire that sent hundreds of people rushing to hospitals and is pushing West Coast gas prices higher was just the latest pollution incident at the facility that records show has increasingly violated air quality rules over the past five years.

The refinery is one of three such facilities near San Francisco that rank among the state’s top 10 emitters of toxic chemicals, according to the U.S. Environmental Protection Agency’s Toxic Release Inventory.

Chevron’s Richmond refinery — the scene of Monday’s fire that shrouded the area in black smoke — has been cited by San Francisco Bay area regulators for violating air regulations 93 times in the past five years.

The number has increased from 15 violations in 2007 to 23 in both 2010 and 2011. The refinery is also the state’s largest emitter of greenhouse gases, according to state regulators.

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Go there and read. State Fair starts today so I may be gone  for a couple of days. More tomorrow.

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The Keystone XL Pipeline Is A Very Bad Idea – So why is the Springfield Chamber of Commerce backing it

I have no idea how much Keystone and the Koch brothers gave to the Springfield, IL Chamber but it must have been a bunch because they hired someone to coordinate their support for the project. The first I knew of it was an Editorial published in what is left of the State Journal Register. So this posting and the next are in part my preparation for writing a counter Editorial.

http://switchboard.nrdc.org/blogs/rkistner/a_native_people_fight_a_dantes.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+switchboard_rkistner+%28Switchboard%3A+Rocky+Kistner%27s+Blog%29

Rocky Kistner’s Blog

In Canada’s Tar Sands, a Dante’s Hell Threatens People Nearby and Across the Globe

In Canada’s western province of Alberta, Melina Laboucan-Massimo’s community—the Lubicon Lake Nation—has endured a withering toxic tar sands oil assault, an Armageddon against nature few Americans are fully aware of. Here in the once pristine sub-Arctic, tar sands mining operations level vast swaths of boreal forests near native lands, as pipelines burst and spew corrosive chemical-laced tar sands oil into rivers and lakes.

The Lubicon are used to living in harmony with nature. But tar sands mining has brought a deadly discordance to their environment. Melina has watched family and friends battle unheard of cancers and respiratory ailments; she’s listened to local fishermen and hunters complain about unusual lesions and tumors festering in their catches and prey. She’s reacted in disbelief as her government has sponsored airborne sharpshooters to gun down mighty Canadian wolf packs—a zero sum game that is killing one species to try to save another—as dwindling herds of caribou flee their disappearing forest homes and may be gone forever in the not so distant future.

For members of the Lubicon Lake Nation, it is a nightmare of Kafkaesque proportions. Their verdant land of abundant wildlife is metastasizing into pock-marketed battlefields of a thousand Verduns. Melina and other community leaders have not sat idly by as the environmental carnage unfolds around them. She has testified before Congress, spearheaded Greenpeace protest actions, and worked tirelessly to get the word out about the devastation in her community.

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Go there and see the video. Go there and read. More tomorrow.

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How Many Ways Can You Get Aternative Energy Wrong – Americans will always think of something

Got no more to say than the title. This is some really dumb stuff.

http://online.wsj.com/article/SB10001424052970204012004577072470158115782.html

The Cellulosic Ethanol Debacle

Congress mandated purchase of 250 million gallons in 2011. Actual production: 6.6 million.

‘We’ll fund additional research in cutting-edge methods of producing ethanol, not just from corn but from wood chips and stalks or switch grass. Our goal is to make this new kind of ethanol practical and competitive within six years.”

—George W. Bush, 2006 State of the Union address

Years before the Obama Administration dumped $70 billion into solar and wind energy and battery operated cars, and long before anyone heard of Solyndra, President Bush launched his own version of a green energy revolution. The future he saw was biofuels. In addition to showering billions of dollars on corn ethanol, Mr. Bush assured the nation that by 2012 cars and trucks could be powered by cellulosic fuels from switch grass and other plant life.

To launch this wonder-fuel industry, the feds under Mr. Bush and President Obama have pumped at least $1.5 billion of grants and loan subsidies to fledgling producers. Mr. Bush signed an energy bill in 2007 that established a tax credit of $1.01 per gallon produced.

Most important, the Nancy Pelosi Congress passed and Mr. Bush signed a law imposing mandates on oil companies to blend cellulosic fuel into conventional gasoline. This guaranteed producers a market. In 2010 the mandate was 100 million barrels, rising to 250 million in 2011 and 500 million in 2012. By the end of this decade the requirements leap to 10.5 billion gallons a year.

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Go there and read as long as you can bare it. More tomorrow.

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Video About How The Planet Can Be Saved – Environmental claymation

Here we go again . I am going to try to share a video from a cool website I found. You all know how bad I am at this so do not hold your breath.

http://cleantechnica.com/2012/06/08/the-healing-power-of-new-energy-friday-fun/

The Healing Power of New Energy (Friday Fun)

June 8, 2012 By
Here’s a fun video in support of clean energy and a healthy planet that I ran across on NewEnergyNews recently:

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Well for now I failed but if you go to the New Energy News link you can see it.

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Go there and see the video from The Colbert Report. More tomorrow.

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Gardening And Energy Conservation – How do you figure

Most people do not see gardening your own food as saving energy. They see it as healthy and even self reliant. It does save a huge amount of energy. First and foremost there are no transportation costs to your vegetables. If you use a lot of fertilizer then that changes some but the cost of an avocado  from Mexico is huge. Second, you are not driving heavy equipment like at a large vegetable farm. You should see the fertilizers, pesticides and herbicides they use.

http://gardenofeaden.blogspot.com/

ROSEMARY

Rosemary is one of those plants that not only smells good, it tastes good and looks good too. When I say taste, I mean as a flavoursome herb so don’t start chomping on a random stem and expect it to fill you with culinary delights – because it won’t!

Be that as it may, rosemary plants are fantastically popular and are often found in gardens as a specimen shrub or informal hedging.  Evergreen – and tolerant of most soils so long as the drainage is good, they will even put up with most of the weather that Britain can throw at it despite is warmer origins of the Mediterranean and Asia

Its Latin name, Rosmarinus officinalis, means “dew of the sea” and while rosemary is most closely associated with Mediterranean cooking you don’t need perfect sunshine, or a sea mist to grow it successfully. All you need to provide is a free draining, sunny spot. Poor soils are no obstacle and it will even survive periods of drought.If you are growing it as a formal hedge then it can be clipped throughout the growing season, but be aware that if you do this you will be removing the flower buds and so it won’t produce flowers for you.

If you are using it as a specimen plant then you can prune after flowering. Otherwise, August to September will be the best months.

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Go there and read tons of stuff. More tomorrow.
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Out Of Africa – Disasters are sometimes seen as a good thing

Damming large rivers to generate electricity seemed like a good thing when there were only 1 billion or 2 people on the planet. But now with a planet nearing a human die back at 7 billion people and having stressed the planet to nearly its bursting point they are causing more problems then they are worth. I only include a couple of paragraphs here but you have to love, “making America the most damming country” part. You go girl..

http://www.internationalrivers.org/africa/environmental-impacts-large-dams-african-examples

Environmental Impacts of Large Dams: African examples

October 1, 1996
Lori Pottinger

Some 40,000 large dams, most of which were built in the past 50 years, now obstruct the world’s rivers. More than 400,000 square kilometers––an area larger than Zimbabwe, and 13 times the size of Lesotho––have been inundated by reservoirs worldwide. The world’s largest impoundment, the 8,500 sq.km. Volta Reservoir behind Ghana’s Akasombo Dam, flooded 4% of that nation’s land area. In the United States, whose 5,500 large dams make it the second most dammed country in the world, we have stopped building large dams, and are now spending great amounts of money trying to fix the problems created by existing dams.

The Environmental Consequences of Big Dams

Although the impacts of large dams have been well documented for some time now, in case after case, new ones are proposed whose environmental impacts are downplayed or even ignored. A 1990 internal survey of World Bank hydroelectric dam projects showed that 58% were planned and built without any consideration of downstream impacts, even when these impacts could be predicted to cause massive coastal erosion, pollution and other problems.

The following are some of the more serious environmental impacts of dams on rivers and the life they support. I have concentrated on the kinds of impacts that might affect the Orange River watershed, leaving out other major dam–caused problems that have affected rivers under different ecological circumstances.

Effects on River Systems

Reducing the flow of water from a river changes the landscape it flows through, which in turn can affect the ecosystem’s flora and fauna. A dam holds back sediments, especially the heavy gravel and cobbles. The river, deprived of its sediment load, seeks to recapture it by eroding the downstream channel and banks, undermining bridges and other riverbank structures. Riverbeds are typically eroded by several meters within a decade of first closing a dam; the damage can extend for tens or even hundreds of kilometers below a dam. Within nine years of closing Hoover Dam in the US, the riverbed below the dam had lowered by more than 4 meters. Riverbed deepening will also lower the groundwater table along a river, threatening vegetation and local wells in the floodplain and requiring crop irrigation in places where there was previously no need. The depletion of riverbed gravels reduces habitat for many fish that spawn in the gravelly river bottom, and for invertebrates such as insects, molluscs and crustaceans. Changes in the physical habitat and hydrology of rivers are implicated in 93% of freshwater fauna declines in North America.

Before the Aswan High Dam, the Nile River carried about 124 million tons of sediment to the sea each year, depositing nearly 10 million tons on the floodplain and delta. Today, 98% of that sediment remains behind the dam. The result has been a drop in soil productivity and depth, among other serious changes to Egypt’s floodplain agriculture. The Aswan Dam has also led to serious coastal erosion, another problem stemming from the loss of sediments in a dammed river. Another example of this problem is along the mouth of the Volta River in Ghana. Akosombo Dam has cut off the supply of sediment to the Volta Estuary, affecting also neighboring Togo and Benin, whose coasts are now being eaten away at a rate of 10–15 meters per year. A project to strengthen the Togo coast has cost US$3.5 million for each kilometer protected. The story is the same on coastline after coastline where dams have stopped a river’s sediments.

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Go there and read. More tomorrow.

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