Archive for Water
Just because Rep. Tim Moffitt lost his reelection bid doesn’t mean the fight over Asheville’s water system is over. And guess what? There’s still time for more mischief before January.
The case is still in the courts. So stay tuned.
But as some of us have observed, the push to wrest control of water from cities is not a local phenomenon. Others without any connection to the Sullivan Acts are having the same fights around the country. Detroit, for example. Some, like St. Louis, are winning:
A new report from Corporate Accountability International, “Troubled Waters: Misleading Industry PR and the Case for Public Water,” addresses the privatization juggernaut to describe how some cities have dealt with corporate pressure, especially since some of it is predicated on the needs of U.S. water systems for as much as $4.8 trillion in investment in the next 20 years, as private companies, such as the French multinational Veolia Water North America, hinting that privatization would help create the needed capitalization.
The report describes elements of Veolia’s strategy in St. Louis. One example is their offer of consulting services (through Veolia’s Peer Performance Solutions) that would cut public water system costs, but in reality would be a foot in the door toward privatization. After years of pitching, Veolia got the city, including Mayor Francis Slay, to approve a Peer Performance Solutions contract with Veolia, but community activists and nonprofits challenged the idea. Activists formed the St. Louis Dump Veolia coalition to oppose the contract. The Great Rivers Environmental Law Center did its own analysis of the proposed contract, finding that the “contract will have the effect of privatizing the city’s Water Division, and will make city residents captive to Veolia.” According to the Corporate Accountability International report author, Emanuele Lobina, the terms of the Veolia contract would make Veolia “the private owner of all ideas for improving the St. Louis Water Division.”
Ultimately, Veolia failed. withdrew. Perhaps because 33 U.S. cities that went down the privatization path have already “re-municipalized” their water systems. Sometimes the glossy sales pitch is the only thing that shines about these deals.
Fracking continues to gain in unpopularity. During the recent election, candidates and campaigners told me one sure way to flip voters from the opposition — especially rural voters — was to inform them the Republican supported fracking.
There’s trouble at t’drill in Bakersfield, CA. “Errors were made.” (video at KNTV link):
State officials allowed oil and gas companies to pump nearly three billion gallons of waste water into underground aquifers that could have been used for drinking water or irrigation.
Those aquifers are supposed to be off-limits to that kind of activity, protected by the EPA.
Nah. Never happen where you live, right?
“This is something that is going to slowly contaminate everything we know around here,” said fourth- generation Kern County almond grower Tom Frantz, who lives down the road from several of the injection wells in question.
According to state records, as many as 40 water supply wells, including domestic drinking wells, are located within one mile of a single well that’s been injecting into non-exempt aquifers.
Kern County community organizer Juan Flores told reporters, “No one from this community will drink from the water from out of their well. The people are worried. They’re scared.”
But there’s nothing to see here, little people:
The trade association that represents many of California’s oil and gas companies says the water-injection is a “paperwork issue.” In a statement issued to NBC Bay Area, Western States Petroleum Association spokesman Tupper Hull said “there has never been a bona vide claim or evidence presented that the paperwork confusion resulted in any contamination of drinking supplies near the disputed injection wells.”
However, state officials tested 8 water supply wells within a one-mile radius of some of those wells.
Four water samples came back with higher than allowable levels of nitrate, arsenic, and thallium.
Those same chemicals are used by the oil and gas industry in the hydraulic fracturing process and can be found in oil recovery waste-water.
“We are still comparing the testing of what was the injection water to what is the tested water that came out of these wells to find out if they were background levels or whether that’s the result of oil and gas operation, but so far it’s looking like it’s background,” said James Marshall from the California Department of Conservation.
Marshall acknowledged that those chemicals could have come from oil extraction, and not necessarily wastewater disposal.
I know, right? What a relief.
(Cross-posted from Hullabaloo.)
Don’t mess with Maureen Taylor.
Scroll to 1:08:40. “This monstrous thing that’s going on in Detroit … beyond demonic … You gotta leave here changed! … Water is a human right.”
Seems we got their attention:
Detroit suspended its aggressive policy of cutting off water to customers with unpaid bills on Monday, the latest response to a controversy that has prompted large protests and caught the attention of the judge overseeing the city’s bankruptcy.
The city said there will be no shutoffs for the next 15 days. The disclosure was made in bankruptcy court where Judge Steven Rhodes is overseeing the nation’s largest ever municipal bankruptcy. He has been encouraging Detroit to come up with alternatives to shutting off water for thousands of homes and businesses.
Breitbart on border security – NOT.
What else is news?
Asheville officials said Monday that Wake County Superior Court Judge Howard Manning Jr. ruled state lawmakers last year violated the state constitution and failed to compensate for the cost of building the water system.
The Asheville Citizen-Times cites the mayor on the court ruling:
Mayor Esther Manheimer said that by taking the city’s position on four of the six legal points at issue, Manning’s ruling would be more difficult for the Court of Appeals to overturn. The decision does not address the two other points the city raised, that the law was an unlawful interference with the city’s contract with bondholders.
Manheimer called the ruling “great for Asheville.”
City legal staff certainly deserves a nod for all the hard work. But nobody worked longer hours and more doggedly on this fight — including all the round trips to Raleigh for hearings — than local activist Barry Summers.
But Summers and other opponents of a regionalized system had better be ready for the next round. The state will likely appeal the ruling. The law’s sponsor, Rep. Tim Moffitt, R-Buncombe, called the court ruling “the first step in a very long journey.” And should the ruling stand, Moffitt might legislate again if he can find support among his colleagues for a more broadly written bill that puts more of their cities’ infrastructure in the crosshairs.
Unless Moffitt loses his House District 116 reelection bid this fall. A recent poll PPP poll released by his opponent, Brian Turner, showed Turner with a slight lead and 49 percent of voter with an unfavorable view of Moffitt.
Another day in Wake County Superior Court yesterday in the case of “Moffitt v. Asheville,” Judge Howard Manning Jr. presiding. Rep. Tim Moffitt and Rep. Chuck McGrady, R-Henderson were on hand for the hearing in the lawsuit challenging Moffitt’s “Regionalization of Public Utilities” law that forcibly transfers control of Asheville’s water system to a new regional authority.
Much hinges on whether or not Moffitt’s bill was deliberately written to evade the state’s constitutional ban in Article 2, Sec. 24 on enacting local legislation “relating to health, sanitation, and the abatement of nuisances.” Asheville activist Barry Summers was there to remind attendees — graphically — not of the water system’s history, but of the legislation’s.
While both McGrady and Moffitt watched the proceedings in court, Asheville’s attorney Dan Clodfelter disagreed with the state’s assertion that the bill was not local in nature. An attorney with the Charlotte-based law firm Moore and Van Allen, Clodfelter himself served as a state senator until last month, when he was named the mayor of Charlotte.
The bill does not specifically name the city of Asheville. But Clodfelter said it was clear that was lawmakers’ intent, rather than creating a statewide bill with a general set of principles to administer.
“Our constitution says what it says,” Manning said, indicating that the constitutional question was the crux of the case. Expect an appeal, however Manning rules.
Moffitt v. Asheville is a style of legal shenanigans we have seen emerge over the last decade from Wall Street to Jones Street to Pennsylvania Avenue. That is, to push the limits of the law to the breaking point and beyond, to knowingly step over the line and — using the law itself for cover — to arrogantly dare anyone to push back. If no one does, or if they do and fail, those who twist the law to their own ends succeed, and the boundary between the legal and the criminal moves again, and not in the direction of the public good. Rinse, repeat. Thus, torture becomes “enhanced interrogation,” fraudulent securities become top-rated investments, and public investments in schools, water systems, highways and airports slowly become the private wealth of oligarchs. Like watching an accident in which everything goes into slow motion, it is happening before our very eyes. Because it transpires in remote meeting rooms under color of law, we the people are not supposed to notice.
(Original post has been corrected. Rep. Nathan Ramsey was not in attendance Friday, but was cited in reporting as an original sponsor of the water bill.)
The billboard pictured here is real, it’s located in Lima, Peru, and it produces around 100 liters of water a day (about 26 gallons) from nothing more than humidity, a basic filtration system and a little gravitational ingenuity.
Clever idea. And it looks like they give away the water to the poor. Socialists.
You always knew that someone in authority would simply declare the drinking water safe no matter what the truth, rather than, you know, tearing out and replacing fouled piping in 300,000 homes and the surrounding environs.
On January 18, 2014, Dr. Ben Stout, an ecologist from Wheeling Jesuit University, took water samples from the kitchen faucet and hot water tank of an unflushed Charleston, West Virginia home. Stout is testing for crude 4-Methylcyclohexane Methanol, which leaked from a storage tank at Freedom Industries in Charleston, West Virginia into the Elk River on January 9 (possibly January 8). Residents in 9 counties receive their water from the Elk River.
Stout suggests that people manually flush their hot water tank for the 4-Methylcyclohexane Methanol is likely forming an oily ring in the tank. The 4-Methylcyclohexane Methanol smells like cherry licorice, is light, oily and floats to the top of water.
Rep. Tim Moffitt’s legislation to terminate (with extreme prejudice) the city’s control of its water system is in the courts. So it’s been quiet lately. Still, file this away for future reference. If things don’t change in Raleigh soon, you might need it.
This report from Europe is from last March, but does this sound familiar or what? [Emphasis mine.]
The European Commission has in recent weeks gone on a PR offensive in response to growing criticism of its pro-privatisation agenda for the water sector …