Public Health and Safety

UC at the Terror Trough with big hogs now

Submitted: May 10, 2007
Under the new contract, the team, which includes Bechtel National Inc., BWX Technologies Inc. and Washington Group International Inc., would receive $297.5 million over the seven-year contract. The consortium also includes Battelle Memorial Institute, Texas A&M University and several small businesses...consortium is nearly identical to the group that took over Los Alamos, though the relative shares that each member has in the corporation is different. At Livermore, the University of California controls half of the six-member board, said Gerald L. Parsky, chairman of the consortium's board. -- Los Angeles Times, May 9, 2007

Yesterday, it was widely reported that Lawrence Livermore National Laboratory, which received this year the contract to design a new generation of nuclear weapons, has new management:

BWX Technologies Inc. is in charge of cleanup at the Rocky Flats CO nuclear dump site;

Washington Group International Inc. is the new, reorganized name for Morrison-Knudsen, the Boise-based dam-building (Boulder) and war contractors since WWII:

Battelle Memorial Institute, as of 2005, has management contracts with four other national laboratories;

Texas A & M is a university based in President Bush's home state.

Bechtel is an SF-based defense contractor, charged in the Iraq War with repairing and rebuilding public utilities in Baghdad destroyed by the US invasion. This, by all accounts except its own, Bechtel failed to do and pulled out, despite being paid around $3 billion and losing a number of employees to the Iraqi resistance. The Bush administration has a appointed a number of Bechtel managers to prominent positions in the regime. For example, Riley Bechtel is one of Bush's top trade advisors.

...family-owned Bechtel Corporation is one of the world's largest
engineering-construction firms whose projects range from the first major oil pipelines in Alaska and Saudi Arabia to nuclear reactors in Qinshan, China and refineries in Zambia. Founded in 1898, the company has worked on 20,000 projects in 140 nations on all seven continents. In 2002 Bechtel earned $11.6 billion in revenue...The company and its workers contributed at least $277,050 to federal candidates and party committees in the last election cycle, about 57 percent to Democrats and 43 percent to Republicans, the center found. Bechtel gave at least $166,000 to national Republican Party committees, center figures show. -- Corpwatch.com, April 24th, 2003

Bechtel's privatization of the Cochabamba, Bolivia water system, which radically raised water rates and caused massive demonstrations in 1999-2000 helped inspire the mass movement that elected Evo Morales president of Bolivia.

The lineup of major defense contractors and a university from Bush's home state behind the University of California is impressive. We predict that the new team will easily push LLNL onto the short list for a level-4 biowarfare laboratory on Site 300, near Tracy, already radioactively contaminated. Furthermore, we imagine this new team, sophisticated hunter/gatherers of defense pork, will probably prevail and LLNL will get its biowarfare lab -- unless there is serious citizen opposition.

Why Valley poultry, dairy and livestock producers would want live Avian Flu and Foot-and-Mouth Disease nearby is beyond us, but they collective mind of Valley agriculture remains as mysterious as ever except for its attraction to a deal, any deal.

In any event, with the new management team, LLNL will claim the plutonium at Livermore, the depleted uranium used in bomb testing at Site 300 and the proposed biowarfare lab will all be perfectly safe.

The LLNL biowarfare lab is touted by the government to replace USDA-managed Plum Island Animal Disease Center, widely suspected of letting loose several animal and human diseases on American citizens, kept in ignorance "for reasons of national security." How much more closed mouthed LLNL will be under corporate domination remains to be seen. The combination of "national security" and "private property" is a lethal combination America is learning all about since the Florida "recount" in 2000.

"Let's face it," Plum Island scientist Dr. Douglas Gregg once said to a reporter, "there can be no absolute guarantee of securing the island." -- Michael Carroll, Lab 257, p. 20.

Badlands editorial staff
---------------------

5-9-07
Sacramento Bee
UC will remain major player at lab...Michael Doyle, Bee Washington Bureau
http://www.sacbee.com/111/story/172548.html

The University of California on Tuesday survived recurring controversy to retain a hand in running the Lawrence Livermore National Laboratory...renowned nuclear weapons lab, located in the shadow of Altamont Pass, will now be managed by a new partnership of corporate and university collaborators. The Energy Department calls the seven-year contract a fresh start for a lab that's sometimes squirmed under the spotlight. Called Lawrence Livermore National Security, the winning lab contractor includes as partners Texas A&M University and the engineering giant Bechtel. The University of California, which has managed Lawrence Livermore since the lab's founding in 1952, created the new corporation and remains a major player in it. With its $1.6 billion budget, Lawrence Livermore has long put its stamp on both national security and the northern San Joaquin Valley. Nearly one-quarter of the lab's 8,600 employees live in the Valley, and the lab's contaminated Site 300 test area west of Tracy typically stores an average of 10,000 pounds of high explosives. The Lawrence Livermore partnership also includes Battelle Memorial Institute, Washington Group International and several smaller firms. Battelle runs nuclear facilities including the Oak Ridge National Laboratory.

Tracy Press
Almost new management...AP
http://tracypress.com/content/view/9125/2/

A team led by the University of California and Bechtel National Inc. was awarded the management contract Tuesday for Lawrence Livermore National Laboratory, despite past problems at the UC-managed lab. “The University of California knows how to do research and development,” Tyler Przybylek, senior adviser at the National Nuclear Security Administration, said in announcing the decision. “It’s the largest research institution at least in the country if not in the world.”...UC’s partnership with Bechtel will provide the management structure which has at times been lacking at the lab...decision follows a series of financial and security gaffes at the nation’s premier nuclear weapons labs — Lawrence Livermore and Los Alamos National Laboratory in New Mexico. For years, Los Alamos has struggled with security lapses, credit card abuses, theft of equipment and other mismanagement that subjected it to withering criticism from Congress. Problems at Livermore were never so dramatic, but it had its own issues, including the disappearance of an electronic key card and the loss of keys to perimeter gates and office doors. In March, the Bush administration selected Lawrence Livermore for a controversial new weapons program that could lead to a new generation of nuclear warheads. The new contract is for seven years with a maximum payment of $45.5 million per year, depending on performance. It allows for extensions for 13 additional years. A UC team also has the contract to manage Lawrence Berkeley National Laboratory, which doesn’t deal with nuclear weapons.

San Francisco Chronicle
UC-lead team picked to run nuclear lab...Zachary Coile, Keay Davidson
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/05/09/BAGTTPNKCU1.DTL&hw=uc&sn=0
02&sc=1000

The University of California kept its $1.7 billion contract to manage Lawrence
Livermore National Laboratory for at least the next seven years by creating a
partnership with private companies and underbidding its chief competition, defense giant Northrop Grumman. university has now won both competitions to run the nation's premier nuclear weapons labs -- Livermore and Los Alamos National Lab in New Mexico -- despite a checkered history that has included safety incidents, lost and mishandled classified data and, at Los Alamos, theft and fraud by employees. Energy Department officials announced the decision Tuesday, saying the bidding team led by UC and San Francisco engineering firm Bechtel appeared stronger on science and technology, making it the clear choice... "Livermore National Laboratory is a critical part of our nuclear weapons complex and has been for the last 55 years," Energy Secretary Samuel Bodman said...

Los Angeles Times
Consortium wins contract to run Livermore lab...Ralph Vartabedian
http://www.latimes.com/news/nationworld/nation/la-na-livermore9may09,1,6950677.story

The Energy Department on Tuesday awarded a seven-year contract to operate Lawrence Livermore National Laboratory to an industry consortium that includes the University of California, which has run the lab since it opened in 1952. This year the lab was selected by the Energy Department to design and develop a new generation of nuclear bombs, known as the reliable replacement warhead. A report by an independent group of scientists warned that the project faced serious technical challenges. Under the new contract, the team, which includes Bechtel National Inc., BWX Technologies Inc. and Washington Group International Inc., would receive $297.5 million over the seven-year contract. The consortium also includes Battelle Memorial Institute, Texas A&M University and several small businesses...consortium is nearly identical to the group that took over Los Alamos, though the relative shares that each member has in the corporation is different. At Livermore, the University of California controls half of the six-member board, said Gerald L. Parsky, chairman of the consortium's board. ..consortium is nearly identical to the group that took over Los Alamos, though the relative shares that each member has in the corporation is different. At Livermore, the University of California controls half of the six-member board, said Gerald L. Parsky, chairman of the consortium's board. Meanwhile, three students and alumni at UC campuses in Santa Barbara, Santa Cruz and Berkeley went on hunger strikes this week to protest the involvement of the university system in designing nuclear weapons.

| »

Real nice

Submitted: May 08, 2007

The cities and counties of the San Joaquin Valley have been promoting rampant growth at the expense of the common air quality and asthma for children and elders for 30 years. Part of the reason they get away with it is because their officials control the regional air pollution control district. Within a week of his virtual sponsorship of a proposed 1,200-acre auto-racing facility, including eight tracks designed to draw visitors from a 100-mile radius of central Merced County, former Chairman of the Merced County Board of Supervisors Mike Nelson was appointed to the regional air board.

Last night, before a city council that will shortly decide on a WalMart distribution center that will draw at least 1,000 diesel truck trips a day, the air district executive director had the gall to describe Merced air as "virtually clean." While even the council members would have had trouble choking that down, his real argument was that he estimated that $2 billion in federal highway funds were at stake if the air district did not accept the worst air quality standard the Environmental Protection Agency until 2023 bestows rather than rush to clean up the air quality by 2013.

When it was suggested that, via the politicians on the board, Valley air quality policy was really controlled by business interests (finance, insurance and real estate [FIRE]), the executive director righteously defended business, saying it stood to lose $20 billion under new air pollution laws.

We just love to hear those rhetorical billions thrown all around City Hall.

A representative for Moms Clean Air Network led the attack against FIRE propaganda, quoting the American Lung Association's 2007 report, ranking Merced the sixth highest city in the nation for ozone. By chance, this is about the ranking Merced has for mortgage foreclosures and sub-prime loans in jeopardy.

This fight is going to take more than testimony before bought-and-sold local politicians, or even apple-pie tossing parents of asthmatic children. The Moms are going to have to learn that if you can't break bread with the politicians and sue them the next morning, asthma rates for their children and for their parents will just keep rising. The Mother's Milk in this game is the same-old, same-old cash, courtesy of finance, insurance and real estate interests.

We can understand the desire nice people have to believe nice visions. We want to believe that our Valley towns and cities still hold out some care for the common good and that we can still bury our differences and speak with One Voice to the real enemies (according to our leaders) in state and federal government, enemies who plot 24/7 to steal from the Valley, impoverish our people, lower our quality of life, deny our children opportunity, etc. Of course, THEY have always been after our water.

The problem is that nice is not always the same thing as true.

Top finger pointer of the City Hall event was Councilman Bill Spriggs, chairman of the unsuccessful Measure G campaign to hike sales taxes to develop funds to match federal highway funds to build more highways and expressways in Merced, to encourage more growth as well as service the growth Merced city and county permitted on the come, hoping for those highway funds despite air quality that is a national scandal. Spriggs blamed our dangerous air quality on the Bay Area's failure to build affordable housing, thus causing massive commuter traffic, for our air pollution problem. Last year the National Association of Homebuilders and Wells Fargo Bank ranked Merced and Modesto the fourth and fifth least affordable housing markets in the nation. There were no Bay Area cities in the top 10 least affordable US housing markets. Salinas ranked third. This pathetic apologist for local development interests with national and international ties is peddling a line of the well known substance. This line is intended to make the local citizen feel better -- maybe even nice -- about our poor, overwhelmed but nice city council that so valiantly looks out for our interests. Neither city council members more county supervisors can be held responsible for permitting all the growth. It is a nice belief. It is nice to believe that we can come together and reason with our elected officials and their staff about issues that threaten our common health and safety.

It's not true, but it's real nice.

But, lest the ordinary citizen become dismayed, that nice new UC Merced campus is planning a nice medical school to do some real nice research on respiratory disease. And that's why so many people want to move to Merced to live. And, if that isn't nice enough, UC/Lawrence Livermore National Laboratory wants to put a real nice biosafety-4 biowarfare lab in the hills behind Tracy to do nice studies on the most deadly disease known to man and beast. Real nice.

Badlands editorial staff
-------------------

5-8-07
Merced Sun-Star
Some want polluted Valley air cleaned up sooner...Leslie Albrecht
http://www.mercedsunstar.com/local/story/13562018p-14163799c.html

Valley's polluted air drew sharp criticism at Monday night's City Council meeting...Air District Executive Director Seyed Sadredin presented the new cleanup timeline to the council as part of a 58-city tour he's making to promote the plan...told the council that Merced's air is "virtually clean," and that a child born today breathes air that is 50 percent cleaner than 15 years ago. But the region is still plagued by dirty air...conditions that we have no control over," such as the Valley's bowl-like geography. Lisa Kayser Grant, a member of the Moms Clean Air Network, noted that the American Lung Association's 2007 State of the Air Report ranked Merced as the sixth most ozone-polluted city in the nation.

| »

Ethanol biotech bubble

Submitted: May 01, 2007

The ethanol bubble reveals the pathological side of the political economic system as well as the housing bubble did, and no doubt the same few people involved in ethanol were involved in housing speculation not long ago. The housing bubble pushed our air quality over the edge: the San Joaquin Valley now has as bad or worse air than the Los Angeles basin. Ethanol is shaping up to be nothing but a huge water grab. The ethanol bubble will end about the time a new housing bubble begins.

There is a reason why corn is primarily a Midwest crop. The reason is called rain, as in what Central California doesn't have, being a desert.

As the GMO boys and girls get busy on engineering just the perfect corn for ethanol, gene drift will occur, as it has occurred wherever corn is grown. The ethanol-making genes will drift into corn grown for dairy sillage and get into the milk supply, here in the land free of GMO regulation, perhaps causing gases of another sort. Then UC can study the contribution milk-drinking San Joaquin Valley citizens make to air pollution, along with the bovine flatulence (adding insult to the injury of doubled corn prices and continuing low milk prices to dairymen in the largest dairy state in the nation).

But, that's OK because the honey bees are dying, so the almond growers can convert to ethanol corn and make a real killing before selling for real estate. We know nothing is going to be done about the honey bee collapse because the House subcommittee in charge is chaired by Rep. Dennis Cardoza, a man who doesn't like any non-human species that shows signs of weakening. Dairies could follow behind the almonds and everybody could grow ethanol corn with the latest chemical fertilizers and diesel farm equipment.

Federal and state government doesn't solve ag insect problems anymore,it funds them:

Medfly: $150 million since 1980, now proposal for permanent program at $16 million/year; the government cannot control its entry through ports like Long Beach;

Pierce's Disease, Glassy-winged sharpshooter: now spread to 28 counties, control programs in 51 counties, population of GWSS growing, two new infestations last year, 80 research projects, $20 million a year.

No wonder UC Merced wants to start a medical school. It's following a hallowed tradition of colonization of diseases as each generation of government/corporate/university technologists goes to work on the plagues caused by the last generation of the great win-win, public-private funded technologists, and government/corporate/university propagandists keep promising us that famous Black Box. The latest is a UC/Lawrence Livermore National Laboratory biowarfare lab on a site where it also tests depleted uranium bombs near Tracy. So, the UC Board of Regents, under the guidance of Chairman Richard Blum, Sen. Feinstein's husband, dangle the promise of a medical school for the Valley (first conceived for Fresno in the mid-60s) and give you depleted uranium dust and a lab full of the most dangerous pathogens to local agriculture in existence, and hope nothing bad happens because Pentagon biowarfare pork it prime.

Actually, there is a black box. It is called Boomdoggle. It's not a solution for you and me, but it works for people speculating on the next Valley bubble, and who can afford to live outside the worst air pollution area in the nation. But they are the same speculators from finance, insurance and real estate special interests that control the dumbest, most corrupt air quality board in the nation.

Corporate domination of political institutions has meant economy-by-bubble, and each step of the way, working people get poorer, our common environment gets worse, and fewer people get richer. While corn growers yawp about their high prices, the subsidies are going to investors in the ethanol plants. We're a long way from biomass tax breaks now. We've entered the era of high finance in Green Pork.

Way back in 1981, Grass Valley-based folk singer, Utah Phillips, defined the problem in a song called "All Used Up."

I spent my whole life making somebody rich;
I busted my ass for that son-of-a-bitch.
And he left me to die like a dog in a ditch
And told me I'm all used up ...

They use up the oil and they use up the trees,
They use up the air and they use up the sea;
Well, how about you, friend, and how about me?
What's left when we're all used up?" -- Utah Phillips, (c) 1981, On Strike Music.

1 acre foot = 325,851 gallons = 130 gallons ethanol/acre foot (if, as Sacramento Bee editorialists wonder, the USDA figures are right).

Badlands editorial board
-----------------

4-29-07
Sacramento Bee
Can't drink ethanol...Editorial
http://www.sacbee.com/110/story/162586.html

Businesses in California are racing to build plants to make ethanol...But it will take the state's most fought-over resource -- water -- to grow the crops used to produce ethanol. Many crops can be used for that purpose, but at the moment ethanol plants are picking corn -- the most water-intensive ethanol crop there is. How much water? How much corn? The answer is startling. According to a study of California agriculture by the respected Water Education Foundation, it takes about 118 gallons of water to grow a pound of corn. And how many pounds of corn does it take to produce a gallon of ethanol? About 21 pounds of corn, according to one publication from the U.S. Department of Agriculture. If these numbers are accurate, the answer is about 2,500 gallons of water. For one gallon of ethanol. There is a goal to produce about a billion gallons of ethanol in California a year. That's about 2.5 trillion gallons of water for 1 billion gallons of ethanol. Take all the water from the Sacramento-San Joaquin Delta that now goes to Southern California and Valley farms, use it to grow corn -- and it still wouldn't be enough water. First, a water-intensive crop such as corn in the Central Valley is a bad choice. Second, since there is only so much water for agriculture in California, some other existing crops won't be grown. Third, it behooves the state to grow ethanol crops in the most water-efficient manner possible and set up laws and policies that guide industry in that direction. It is downright scary to see such a rush to ethanol without a better look at the consequences.

4-28-07
Modesto Bee
Flat land
Prices stagnant despite demand for dairy acreage
By JOHN HOLLAND

Farmland in the Northern San Joaquin Valley is pretty flat — at least as property appraisers saw it last year.
Land prices leveled off despite the continuing strength of the almond industry and the demand for dairy acreage and rural homesites, said an annual report from the state chapter of the American Society of Farm Managers and Rural Appraisers.

"It was a pretty dull year following a huge increase that took place between 2003 and 2005," chapter president Randy Edwards, an appraiser based in Hilmar, said Friday.

The report, released Wednesday in Sacramento, tracked land values around the state for dairy farms, orchards, vineyards, rangeland and other acreage that produces California's bounty.

The per-acre values ranged from $150 for dry rangeland in the state's northeast corner to $600,000 for dairy land in the path of Los Angeles-area growth.

The values varied even for a single crop in a single region, depending on soil quality, water supply and other factors.

An acre of Stanislaus County almond trees, for example, could cost as little as $10,000 if watered from a well or as much as $25,000 if supplied by the Modesto or Turlock irrigation districts.

Dairy, the top farm sector by gross value in the northern valley and statewide, continued to be a major force in land values. These farmers have been adding land for feed crops and for disposing of manure under increasingly strict rules.

The dairy industry has struggled recently, however, with low milk prices, high costs for feed and other factors, as well as the lingering effects of last summer's severe heat wave.

"It appears the market is poised for a downward correction, unless a recovery in milk prices and reduction in feed costs (primarily corn) ensues in the near future," the report said.

Almonds, the region's No. 2 farm product, continue to thrive because of efforts to market the increasing harvests. Nut growers are even moving onto less-than-ideal soil, thanks to advances in tree breeding and irrigation, the report said.

Walnut orchard values continued to be strong. The report noted that this crop has not been as vulnerable as almonds to periods of low commodity prices.

Peach orchards ticked up in value. The report said it was too early to tell whether this was because of an ongoing industry effort to trim the acreage to deal with an oversupply of the fruit.

The report said farmland prices continued to be pushed up by the demand for rural homesites — parcels much larger than city lots but often too small for commercial agriculture. This trend includes grazing land on the west and east sides of the valley, up into Tuolumne and Mariposa counties.

Edwards said the report overall shows that agriculture remains a key part of the valley economy.

"It's not the 800-pound gorilla, but it's stable, with the low spot being the dairy industry and the high spot being the almonds," he said.

The report, "2007 Trends in Agricultural Land and Lease Values," is available for $15 from the American Society of Farm Managers and Rural Appraisers. For more information, call 368-3672 or e-mail secretary@calasfmra.com.

4-30-07
Inside Bay Area
Tracy should ponder benefits from Site 300...Tim Hunt, former editor and associate publisher of the Tri-Valley Herald. He is the principal with Hunt Enterprises, a communications and government affairs consulting firm.
(In other words, one more journalist who has become a flak and a lobbyist -- Badlands)
http://www.insidebayarea.com/search/ci_5779417
LETTERS of support abound as the University of California and Lawrence Livermore National Laboratory seek to bring the nations premier agriculture and animal research facility to the labs Site 300 facility near Tracy. The missing letter, unfortunately, is from the nearest municipality to Site 300, the city of Tracy. The University of California is seeking what the Department of Homeland Security calls the National Bio and Agro-Defense Facility. There are 18 sites across the nation being considered with selection of three to five finalists scheduled in June...new site is scheduled to open in 2013 or 2014 and replace the governments current site at Plum Island off the coast of New York...homeland security department plans to build the lab to research human, zoonotic (animal to human) and animal diseases to counteract the potential terrorist threat of a weapons-grade animal diseases that have both human health effects as well as huge potential to disrupt the food supply. To conduct the research, the facility would contain secure biosafety labs at the level 3 and level 4 (most secure) levels. Forty University of California sites have BSL-3 labs, while there are seven BSL-4 labs operational in the United States. The UC effort has received a strong letter of support from Gov. Schwarznegger, as well as support from Livermore Mayor Marshall Kamena, Supervisor Scott Haggerty, Congresswoman Ellen Tauscher and former Assemblywoman Barbara Matthews from the Tracy area, as well as a number of agriculture and animal trade groups, such as the Farm Bureau. The San Joaquin Board of Supervisors is on record favoring the facility. The sticking point is Tracy... The lab and Site 300 management have a good safety record and have significantly upgraded security since the terrorist attacks of 9/11... Theres no BSL-4 further west than Montana despite the Bay Areas growing focus on the biosciences. Agriculture and ranching are huge economic engines in California, and there also are the potential dangers that come with being the container gateway to Asia through ports in Long Beach/Los Angeles and Oakland. The only question should be whether the facility can operate safety at Site 300, because once thats determined, the lab has nothing but upside for the region and the state.

| »

April 12, 2007: Day in the life of the north San Joaquin Valley

Submitted: Apr 12, 2007

A strong, chilly wind is blowing in the north San Joaquin Valley today, stirring up an enormous amount of dust coming in part from graded but unfinished subdivisions, as the financial, insurance and real estate industry hunkers down for an explosion of mortgage default.

But, poetry aside, the news of the day is as gritty as the sight of tons of topsoil blowing away from the county.

The Merced Sun-Star editorialists have returned to wearing their other hats as editors of the UC Daily Bobcat, once again flakking for the institution where one administrator is currently serving 60 days for forgery and theft. In their opinion, we should all go out to the UC Merced to celebrate Bobcat Day and Fairy Shrimp Festival. Last year's UCM Fairy Shrimp Festival was a dud, so the UC bobcatflaksters renamed it, evidently hoping the mammalian charm of cuddly bobcat mascot, Baby Boy, would overwhelm the feckless hauteur of the endangered crustaceans.

When it comes to wildlife, UC believes its right to exploit is above the law. It broke every regulation and practice on the care of wildlife when it appropriated its little mascot, found mysteriously in a paper bag outside the city zoo more than a year ago. He should have gone to a rehabilitation center certified for bobcats in Morgan Hill. Instead, he was stolen by UC Merced in violation of a number of regulations established by the state Department of Fish and Game, which that institution of easy virtue did not enforce. As for the fairy shrimp, even as UC pretends to celebrate vernal pools and the 15 federally endangered species that inhabit them, including the shrimp, in the densest fields of vernal pools in the nation that surround the campus site, UC lawyers are working ceaselessly behind the scenes to undermine the federal Clean Water Act provisions that would prevent UC Merced from expanding and destroying the vernal pools and the fairy shrimp. With that level of propaganda coming out of the UC Merced administration, the public wonders how much truth is taught in the classrooms. To suppose there was no connection between the propaganda and the instruction is naive.

UC Merced administrators expect to submit the medical school's business plan to the UC Office of the President by June,

the UC Daily Bobcat announces, in another article that appears to be news but is just more propaganda. We think the UCM bobcatflaksters have a schedule made up at least a year in advance detailing the release of stories about how UCM administrators are developing this med school. Who can be against a med school? Right? Except, doesn't UC Davis -- also located, despite UC Merced flak, in Central California -- also have a med school? Why would it not expand its own medical services, as it has recently done as far away from Davis as Willits? Isn't the problem with medical services in the Valley the same as it is throughout the nation, rapacious insurance companies, aided and abetted in the latest Medicare "Reform" Act by the Valley's own former Rep. Bill Thomas, R-Bakersfield? Does the Valley really need another research medical facility, in the announced case of UC Merced, focused on respiratory diseases? UC Merced has precipitated the biggest speculative growth boom in local history, bringing with it immeasurable increases in air pollution. It appropriated the bobcat for sentiment; it wants to appropriate the vernal pools for its ediface complex; and it wants to appropriate our lungs for research grants.

Speaking of our lungs, UC Merced's partner within the UC system, UC Lawrence Livermore National Laboratory, confessed recently that its bomb-testing activities on Site 300 near Tracy will put depleted uranium in the air. Perhaps UC Merced telemedical facilities on the west side will be able to measure how much depleted uranium will travel how far and how deadly its effects are, neatly broken down into ethnic cohorts. This sort of information will be of use to the Pentagon and UC will be able to get grants to study it, no doubt.

Not satisfied with terrorizing the north San Joaquin Valley with depleted uranium bomb drift, the UC Livermore lab is on the short list to locate the most dangerous type of biological warfare lab (Level 4) on the same site . The UC Livermore lab is in court with Tri-Valley Citizens Against a Radioactive Environment, which sued over establishment in Livermore of a Level 3 lab. In testimony for the court, the U.S. National Nuclear Safety Administration provided this useful bit of information:

"it is not possible to accurately predict the probability of intentional attacks at (Livermore) or at other critical facilities, or the nature of these attacks..."

The Level 4 lab UC Livermore wants to establish near Tracy would be called a National Bio- and Agro-Defense Facility, "which would research incurable diseases that harm humans, animals and plants..."

In light of the world health threat posed by Avian Flu, it is an interesting choice of locations because the Pacific Flyway for migratory birds intersects in these counties with the largest concentration of poultry in the state. Assuming the wild, migratory birds to be the vector from Asia, where the virus is florishing, it seems likely, despite excellent bio-security at our modern poultry facilities, infection from the wild to the domestic could take place. Presumably, the proximity of the biolab would help the poultry industry deal more quickly with an epidemic, which in turn might help protect people in the vicinity. On the other hand, in the event of a "catastrophic accident" in the lab, or a terrorist attack on it, Avian Flu would be the least of our worries, down wind from Ebola, etc. We could have a biological Chernobyl on our hands?

We aren't supposed to ask that question because if we get scared, defense experts tell us, they -- the terrorists -- have already won.

But, don't worry: UC medical researchers in space suits would be right there to study your final moments and you would have made your personal contribution to research science. Maybe there will be a plaque over your mass gravesite.

That's just downright cynical, some would say. By not wanting this lab in our backyards, they would go on, we are preventing valuable scientific discovery and defeating our technological edge in this important field. Defense experts would go on to say that biological warfare is in our future and labs like these will have to produce the antidotes to weapons genetically engineered. And they will have do so quickly. And that's all we can know about it because the rest is secret for reasons of national security. We Americans must become "resilient" to terrorist attacks, the experts say. Like we were after 9/11? We were so resilient that in addition to having put our "footprints" on the "arc of instability" (aka Muslim nations with oil) we restricted habeas corpus, the oldest liberty we had -- not the acts of a people resilient either economically or politically. Given our national experience, what can we expect from the combination of universities, corporations and the government in response to more terrorist attacks but more autocracy, militarism and corruption? Given our local experience, can we expect this university to tell the truth about anything?

In other news of the day, Sallie Mae, the nation's largest student-loan sharks, have agreed to quit bribing college administrators in charge of advising students and their parents on where to get the student loans. This is a staggering ethical achievement. Sally Mae began in 1972 as a government program, but, as its website puts it, "The company began privatizing its operations in 1997, a process it completed at the end of 2004 when the company terminated its ties to the federal government." The investigation began in New York. Colleges and universities (UC loudest of all) bray about the personal and national necessity of higher education for one and all, leading the cattle to the financial slaughter while taking kickbacks. We will just have to wait and see which UC administrators were in on the deal. USC has already been hit with a scandal.

Here in Merced, the stink from local law enforcement is still rising, after all these months. A local criminal defense attorney, John Garcia, has filed a civil suit in Merced Superior Court, adding former DA Gordon Spencer to a list of respondents including the DA's office, Merced County and the Merced County Sheriff's Office. The suit alleges conspiracy, assault, false arrest, false imprisonment and civic rights violation arising from what appears to be a drug sting operation. We can find no word on the Richard Byrd v. County of Merced, et. al. case filed in July 2006 in federal district court in Fresno. In that case, Byrd, a former local policeman, alleged that some of the same characters Garcia is suing bilked him out of a valuable piece of property while he was in the county jail on trumped up charges. Either Spencer was a sloppily corrupt public official or the Sun-Star got involved in a (prize-winning) witch hunt that produced no convictions. So far, the jury is still out unless the Byrd suit was settled so quietly the Sun-Star missed it.

The Modesto Bee is up in arms about mortgage foreclosures and beating the drums for federal assistance to homeowners. What McClatchy really means is a federal bailout for finance, insurance and real estate special interests. Mortgage lenders, focusing on areas like Stockton, Modesto and Merced, among other vulnerable locations in the nation (Atlanta and South Texas, for example), went on a feeding frenzy under the banner of "Freedom through Home Ownership," babbled daily in the press and in every other media outlet in the land. The "lending industry," as banks and other financial institutions like hedge funds and derivative ghouls are called these days, bought bundles of these loans, including a lot of bad paper. Now, they are crying to the federal government -- on behalf of the poor homeowners, naturally. The only question here is if the bailout of these obscenely wealthy speculators will be larger than the savings and loan bailout. If the experience of six years of Bush is any indication, the homeowning victims of predatory lending practices will get the shaft.

A desperate bit of flak from the state Department of Water Resources yesterday prefaces our next story:

“The Department of Water Resources has long been committed to balancing water operations with protection of the Delta environment,” said DWR Director Lester Snow. “Today’s court filing underscores the department’s ongoing efforts to protect these resources, our actions to comply with the court’s findings, and the long term strategy to restore Delta ecosystems while ensuring reliable water supplies to the 25 million Californians served by the State Water Project.”

DWR sensitivity to the dying Delta ecosystem is so overwhelming that it filed with the Alameda Superior Court yesterday to do what it can to modify the judge's draft order to fix the environmental disaster caused by the state's systematic overpumping the Delta for the last four years. DWR enlisted the state Department of Fish and Game in its desperate plea. Once the judge issues a final order, DWR has 60 days to fix the problem. As the fish die and water rationing begins, there is bound to be an extraordinary display of sophistry. However, we think the last word has already been spoken by the original petitioner, Bill Jennings of the California Sportfishing Protection Alliance. The state, he said, was "refrying the egg."

Meanwhile, The Bush pulled back another nomination for a top position at the Environmental Protection Agency, sensing it might have some problems in Congress. Nevertheless, the administration and a nation that spent the weekend dithering about Iran and Imus while the UN's report on global warming was ignored, especially that bit about human agency.

Bill Hatch
----------------

4-12-07
Merced Sun-Star
Time to mingle with Bobcats...Our View
http://www.mercedsunstar.com/opinion/ourview/story/13479121p-14088905c.html

Merced area residents will have a golden opportunity this weekend to get to know their recent neighbors to the north...Saturday's Bobcat Day and Fairy Shrimp Festival represent a chance for Mercedians to get to know the almost brand-new UC Merced campus and the people who live and work there, as well as have some fun in the process. For the uninitiated, the Golden Bobcat is the school's mascot and vernal pools surrounding the campus are home to fairy shrimp. Events at the North Lake Road campus are free and open to the public... arts and crafts fair...vendors, live bands, performers and family-oriented presentations...public tours. Can't you visualize a 6-year-old deciding he wants to attend UC Merced when he grows up, based on the fun and inspiration he soaked up while visiting the campus with his mother, father and siblings? That could happen and we hope it does. The once-a-year event will allow UC Merced students and faculty to get to know local residents and people who have never visited the university to learn what it has to offer. Students trying to figure out their future academic direction certainly could gain some insight on programs and options at UC Merced... Let's bridge the distance between UC Merced and the city by enjoying Bobcat Day and the Fairy Shrimp Festival.

UC Merced plans to build high-tech health centers...Victor A. Patton
http://www.mercedsunstar.com/local/story/13479084p-14088947c.html

UC Merced administrators say plans are in motion to establish a series of health centers in the San Joaquin Valley that would improve access to health care in underserved areas...the school has received a $225,000 state grant to jump-start plans to create four telemedicine centers, also referred to as "eHealth Centers." Telemedicine centers generally use videoconferencing equipment to transmit a patient's medical information and images from relatively remote areas to doctors and specialists in other areas of the state...centers also allow doctors in different areas to have live videoconferencing discussions about their patient's health -- even if they are hundreds of miles apart. University officials have not decided where the centers will be located since the plan is in its preliminary stages... Doctors from UC Davis and UC San Francisco will be providing some of the medical expertise. UC Merced is partnering with administrators at UC Davis to help develop the centers, since UC Davis was one of the first entities to establish its own telemedicine program in 1996. Establishing the telemedicine centers fits with UC Merced's ambitions to eventually establish a medical school at the campus. UC Merced administrators expect to submit the medical school's business plan to the UC Office of the President by June. If the plan is approved by UC regents, the state legislature would then decide whether to fund the medical school.

Stockton Record
Livermore lab says bigger blasts would send depleted uranium into air...Jake Armstrong
http://recordnet.com/apps/pbcs.dll/article?AID=/20070412/A_NEWS/704120321

Bigger outdoor blasts proposed at an explosives test range southwest of Tracy could release up to 453 pounds of depleted uranium into the air a year, Lawrence Livermore National Laboratory officials told air pollution regulators in an application last week. Lab officials did not disclose that information in a November request to the San Joaquin Valley Air Pollution Control District... The district initially granted the lab permission, but revoked the permit in March after learning the blasts would contain radioactive materials. Depleted uranium is less radioactive than naturally occurring uranium, and when detonated, it would be carried by wind, said Gretchen Gallegos, of the lab's Operations and Regulatory Affairs Division. The lab has not found radiation levels above federal thresholds at its monitoring stations, she said. "All of our activities are well within any health measure, and there's nothing to be concerned about," Gallegos said. Meanwhile, U.S. Department of Homeland Security officials will tour Site 300 Monday to further evaluate the University of California's proposal to locate there the National Bio- and Agro-Defense Facility, which would research incurable diseases that harm humans, animals and plants. The visit is part of a nationwide tour of 18 sites vying for the federal laboratory. DHS officials will then shorten the list of proposals, conduct environmental reviews of the finalists, and decide on a site in October 2008.

San Francisco Chronicle
Livermore...'Unlikely' attack at lab could release microbes, study says...Keay Davidson
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/04/12/BAGDDP78DN1.DTL&hw=livermore+lab&sn=004&sc=1000

U.S. Energy Department draft environmental assessment study concludes that a direct terrorist assault on the facility is "highly unlikely" to succeed. But because it acknowledges local activists' concerns that catastrophic accidents are possible, it is now up the lab critics who have sued to block the opening of the facility to consider whether to pursue further court action, including a possible order to stop the Livermore lab from opening the microbe facility. The Livermore site already has a lower-level lab for investigating microbial diseases, but the proposed new Biosafety Level 3 lab -- dubbed BSL3 for short -- would store microbes of medieval scariness. They include plague, botulism and Q fever, a bacterial disease that in its more virulent form, chronic Q fever, kills up to 65 percent of its victims...proposed lab would also investigate anthrax. In October, the U.S. Court of Appeals in San Francisco ordered the Energy Department to conduct the environmental study following a suit by Tri-Valley Communities Against a Radioactive Environment and Nuclear Watch of New Mexico. Construction of the facility was finished in 2005, but it hasn't opened pending the completion of litigation. On Wednesday, lab critics responded with scorn to the long-awaited, 80-page environmental study. The study was released by the U.S. National Nuclear Safety Administration...environmental study acknowledges that "dramatic human health impacts and economic disruption can result following the release of pathogenic materials...also says "it is not possible to accurately predict the probability of intentional attacks at (Livermore) or at other critical facilities, or the nature of these attacks. The number of scenarios is large, and the likelihood of any type of attack is unknowable."...study does not describe any potential scenarios for terrorist attacks "because disclosure of this information could be exploited by terrorists to plan attacks." Ironically, the report includes a map showing the precise location of the microbe lab, in Building 360 on the Livermore lab site. Public feedback is welcome through May 11. Afterward, the Energy Department will issue a final version of the environmental assessment.

Modesto Bee
Sallie Mae settles, agrees to school-lending ethics...Karen Matthews
http://www.modbee.com/business/story/13479198p-14089044c.html

The nation's largest student loan provider will stop offering perks to college employees as part of a settlement announced Wednesday in a widening probe of the student loan industry. SLM Corp., commonly known as Sallie Mae, also agreed to pay $2 million into a fund to educate students and parents about the financial aid industry, and it will adopt a code of conduct created by New York Attorney General Andrew Cuomo, who is heading the probe. Cuomo said the expanding investigation of the $85 billion student loan industry has found numerous arrangements that benefited schools and lenders at the expense of students. Investigators say lenders have provided all-expense-paid trips to exotic locations for college financial aid officers who then directed students to the lenders. Sallie Mae is the second lender to agree to the code, which is aimed at making the loan process more transparent. Citigroup Inc.'s Citibank, which does business at about 3,000 schools, last week agreed to donate $2 million to the same fund as part of a settlement with the attorney general's office.

Byrd sues on civil rights violations, Badlandsjournal.com, 7-28-07

Former D.A. added to civil rights lawsuit...Scott Jason
http://www.mercedsunstar.com/local/story/13479083p-14088942c.html

A local criminal defense attorney who said he was the victim of a failed interagency drug sting last year has added former Merced County District Attorney Gordon Spencer to his civil lawsuit...is accused of working with a state agent and a Merced sheriff's deputy to have a man give lawyer John Garcia, 64, a bag of methamphetamine disguised as tobacco. Drug agents then got a judge to let them search Garcia and his office. No charges were filed in connection with the Feb. 6, 2006, undercover sting operation that Garcia said violated his Fourth Amendment right against unreasonable search and seizure, damaged his reputation and caused him emotional distress. The lawsuit, refiled on April 5 to accuse Spencer, also names Taylor, Cardwood, the District Attorney's Office, Merced County and its sheriff's department, and the city of Merced and its police department. Garcia is seeking an unspecified amount of money in the Merced County Superior Court case that alleges conspiracy, assault, false arrest, false imprisonment and a civil rights violation.

Modesto Bee
Realtors: Housing slump will worsen in 2007...Alan Zibel and Dan Caterinicchia, AP
http://www.modbee.com/business/story/13479195p-14089041c.html

Key Senate Democrats issued a report Wednesday detailing the housing market's decline amid calls for federal aid to homeowners at risk of foreclosure. The report from New York Democrat Charles Schumer, chair of the Joint Economic Committee, came on the same day that the nation's trade group for Realtors offered new projections that the housing slump is worsening. The National Association of Realtors said the national median price for existing homes would decline this year for the first time since 1968 on the same day an activist nonprofit called on Wall Street to help homeowners restructure their mortgage loans. Across town, senators called for the government to come up with hundreds of millions of dollars to help at-risk homeowners. NAR predicting the median price for existing homes nationwide will drop 0.7 percent...estimated existing home sales will fall 2.2 percent... As 1.8 million adjustable rate mortgages reset to higher rates this year and next, foreclosures are sure to continue rising, the 32-page report from the JEC said. The Federal Housing Administration could be revamped to refinance mortgages in danger of default, the JEC's report said... Lawmakers also are talking up proposals to strengthen federal regulation of mortgages, impose a national ban on predatory lending practices among all lenders and require those lenders to establish a borrower's ability to pay back a mortgage loan through the life of the loan, not just for two or three years. Rising delinquencies and defaults among borrowers have resulted in more than two dozen so-called subprime lenders going out of business, moving into bankruptcy protection or putting themselves up for sale.

Stockton Record
Water officials: Judge's ruling went overboard...Alex Breitler and Hank Shaw
http://recordnet.com/apps/pbcs.dll/article?AID=/20070412/A_NEWS/704120333

The Department of Water Resources filed its official response to a March 22 court ruling that, when finalized, could reduce water supplies for 25 million people from Livermore to Los Angeles. In a series of three dozen objections, the state reasserted its claim that older agreements allow it to kill threatened Delta smelt and salmon at the Banks Pumping Plant, even without an official permit under state law. Department of Water Resources Director Lester Snow in a statement said Wednesday's court filing underscores a long-term strategy to restore the Delta while ensuring future water supplies. Bill Jennings, whose California Sportfishing Protection Alliance brought the lawsuit that culminated with Roesch's ruling, said the state was "refrying the egg." "They're trying to reopen the case," Jennings said. "The judge provided a brief period of time to comment on the proposed order, not to reargue the entire case." Among its objections, the state said the word "massive" used by the judge to describe the amount of water shipped south is inaccurate and subject to misinterpretation. And a reference to "significant" numbers of fish killed at the pumps is ambiguous and ignores the state's attempts to save fish and replace those that are killed. Snow's solution presented Monday was to ask the state Department of Fish and Game to determine that the pumps comply with state law, based on federal biological opinions. This "consistency determination" would be the quickest way to obey the judge's order, he said. Fish and Game has 30 days to make that determination. The 60-day pump shutdown clock, meanwhile, would begin ticking when Roesch issues his final ruling, Jennings said. Committee Chairman Darrell Steinberg, D-Sacramento, asked the officials why they chose to ask for a consistency determination rather than go through the normal process. Broddrick said this way is far faster and will in effect mirror the rules the federal government relies on to operate its own set of giant water pumps in the area. Steinberg wanted to know why the state would rely on the federal rules. He asked Broddrick if those rules were in dispute. "They certainly are," Broddrick said, referring to an active lawsuit similar to the one that threatens the state pumps. "So how do we reconcile that one?" Steinberg asked. They cannot, Broddrick acknowledged. Essentially, the state is playing double-or-nothing: If the federal lawsuit invalidates the rules governing the federal pumps, and the state's "consistency determination" relies on those federal rules, then the courts could shut down both sets of pumps.

Good to the last drop...Steve Rubenstein
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/04/12/BAGDDP78EG1.DTL&hw=water&sn=007&sc=996
It must be serious...Rain and snow were so sporadic this winter that water could be scarce this summer. Water districts around the state have begun calling for "voluntary conservation... Unfortunately, many of the water-conservation tricks from past droughts will no longer work. Voluntary conservation is the official term for the step before mandatory conservation, also known as rationing. On Wednesday, San Francisco water officials warned that if things get dire over the summer, rationing is possible...

Reuters
Warming Could Spark N. American Water Scramble: U.N.
by Timothy Gardner
http://www.commondreams.org/archive/2007/04/12/477/

NEW YORK - Climate change could diminish North American water supplies and trigger disputes between the United States and Canada over water reserves already stressed by industry and agriculture, U.N. experts said on Wednesday.More heat waves like those that killed more than 100 people in the United States in 2006, storms like the killer hurricanes that struck the Gulf of Mexico in 2005 and wildfires are likely in North America as temperatures rise, according to a new report that provided regional details on a U.N. climate panel study on global warming issued in Brussels on April 6...

Washington Post
White House pulls nomination to top EPA air post...Chris Baltimore, Reuters
http://www.washingtonpost.com/wp-dyn/content/article/2007/04/11/AR2007041101710.html

The White House on Wednesday withdrew its choice to head the Environmental Protection Agency's air pollution office after he ran afoul of key U.S. lawmakers. William Wehrum, nominated to head the EPA's Office of Air and Radiation, was the architect of rules to regulate harmful power plant emissions that environmental groups and many Democrats blasted as too lenient. The White House withdrew Wehrum's nomination, along with that of Alex Beehler, its pick to be the EPA's Inspector General, in a routine personnel announcement. Rather than face near-certain rejection from Boxer's committee, the White House withdrew the nominations.

| »

The MacDonald Affair

Submitted: Mar 31, 2007

Having observed and commented on the corruption of local, state and federal environmental law in this region for nearly a decade, the recent hoopla surrounding Julia MacDonald, the deputy assistant secretary for fish, wildlife and parks in the Department of Interior, is not news. We met MacDonald shortly after her appointment as aide to Judge Craig Manson, the assistant secretary of fish, wildlife and parks, in 2002. She urged us to get in touch. We think we have her card somewhere.

Locally, we see it as being within the general context of another spring offensive by finance, insurance, real estate and the Bush regime against the San Joaquin Valley. We are going into a drought, Bush is losing his war, and the local speculative housing boom is collapsing, generating skyrocketing foreclosure rates and some class-action suits on building defects. However, as we have said since they stole the Florida election in 2000, these people crossed their Rubicon and have had nowhere to go since but straight into the public's face.
The Badlands editorial staff honestly admits that MacDonald's corruptions would be quite beyond our scope if any of Interior's Inspector General's report were news to us. But we've covered most of it when her meddling and bullying first appeared. It's all back there in the archives somewhere and we will dig it out at the appropriate times. Meanwhile, she's a certifiable California "waterperson." She went after Klamath Bull Trout to help Rove do his stunt in the Klamath basin before the 2004 election; she went after the San Joaquin Delta Smelt, when heavy pumping caused by Interior's brokered Colorado River Agreement meant Southern California would have to get more water from the Delta; she went after seasonal wetlands and vernal pools and California Tiger Salamanders, all local issues here in the Pombozastan. We reported it all as it was happening.

However, that said, we were titillated by MacDonald's intimate relations with the California Farm Bureau and Pacific Legal Foundation, on the same ideological page: private property's right to public water.

On the other hand, the changes proposed by Interior Secretary Dirk Kempthorne to the Endangered Species Act, a story that appeared a day earlier, is news. A story of human sacrifice, particularly of a woman, is cool, but the dry, bureaucratic language of the proposed ESA changes are meanwhile concealed. Yet, these proposals capture the worst aspects of the Pomboza bill to gut the ESA in the last session, which aroused so much anger in the environmental community that, with help from former Rep. Pete McCloskey, they defeated Pombo at the polls. Furthermore, they would turn over many key ESA decisions to governors. In California, where the governor and the Legislature is actually owned by finance, insurance and real estate special interests, you could kiss some species goodbye if this proposal passes judicial review. As a recently retired Fish and Wildlife Service endangered species specialist put it, the reason we have federal protections for endangered species is because the states will not protect them.

The Bush regime is consistent, if nothing else, and that consistency has fallen heavily on the San Joaquin Valley. The other federal proposal-of-the-month of special impact is the idea of privatizing the heavy-metal laden water of the San Joaquin Valley west side, including giving the water districts partial ownership of the San Luis Reservoir. This is the Bush regime solution to upcoming review of the selenium situation around Kesterson.

Of course, there is a connection between this story and the MacDonald Affair. She's a genuine California water girl.

But, our question is: was she any worse than the Cowgirl Chancellor of UC Merced, who built the first phase of the beloved boondoggle without the required federal permits, quit her job (along with a number of other of her starting team), and dropped a regulatory mess in her successors' laps and a bigger mess in the community's lap. If MacDonald was in the air in Washington, the Cowgirl was right here on the ground, building that anchor tenant for one of the greatest, most destructive speculative real estate booms in the nation. Nor has the attempt by UC to corrupt environmental law and regulation at every level of government by its lobbyists, administrators, lawyers, politicians like Dennis Cardoza, Shrimp Slayer-Merced and the regional finance, insurance and real estate special interests stopped. These interests will destroy California's fragile water-delivery system in order to save their profits. A key step in that is to get public attention off endangered species that in any way appear to interfere with delivery of paper water through the Delta pumps via crumbling levees. The collapsing housing bubble only encourages them.

There is a rough equivalence between the endangered species menaced by MacDonald's policies and the misery of students at UC Merced, which is today a sort of developer's model home of a university, with decorative students in residence (not all of them expiring in the shrubbery). However, like the endangered species, about which the Cowgirl's rhetoric was just fine, the students are not there for display; they want a life, too.

Nope. We admit the corruption of the federal government and the University of California, in full color, is too much for our humble descriptive abilities. We'll leave the job to the mainstream press. Its reporters are well-rested after seven years on a vacation from reality. Let them "investigate" and give each other prizes.

Meanwhile we will ask why Judge Manson was rewarded for his crimes against Nature with an appointment to McGeorge Law School. McGeorge needs some looking into, actually. Its dean is a former general counsel for the CIA. What's going on there? Why did UC Boalt Hall hire John Yoo, author of the torture-justifying memo during his years as counsel to the president?

And, isn't the timing of the MacDonald story and the ESA changes interesting? How much do top Fish and Wildlife Service officials support the Bush proposals? FWS Director Dale Hale appears, in the Inspector General's report, to be the epitome of a guardian of pure biology in the MacDonald Affair stories, while simultaneously trying to squelch any news about the new ESA rules. Are we headed for a "show hearing" at the House Natural Resources Committee in May on MacDonald, while the ESA changes wend their unnoticed way through the Bush regime "process"?

Will the next proposal for rule changes coming from the Interior and Fish and Wildlife Service be to privatize all the wildlife refuges in the nation?

We might also ask -- from the ground here in UC/Great Valley Center/Pombozastan, home of a state "blueprint" for growth along the lines indicated by Pombo Family Real Estate Farms -- how soon will UC give up on UC Merced and move it to Tracy, which wants a college, where it can be absorbed by Lawrence Livermore National Laboratory's Level-4 Biowarfare Lab and the Tsakopoulos family's Hellenic studies programs? Our nation needs genetic technologists who can create the biological weapons of the future (and, of course, their antidotes) while simultaneously learning to conjugate irregular Greek verbs and reading a bit of Jaeger's Paideia. Don't it? Ain't that the kind of "shared experience" we need?

How long will it be before the next Peripheral Canal proposal surfaces to convey paper water in a drought to Southern California? Before or after the next levee break?

It is the very bravest of new worlds possible, my dear Calaban. How's the asthma?

Bill Hatch
----------------------------

3-28-07
New York Times
Proposed changes would shift duties in protecting species...Felicity Barringer
http://www.nytimes.com/2007/03/28/washington/28habitat.html?_r=1&oref=slogin

The Fish and Wildlife Service is considering limiting the ability of federal wildlife protection agencies to intervene on behalf of endangered species that may be harmed by federal actions...would also increase the role of state governments in administering some of the species protections that are now the responsibility of the Fish and Wildlife Service and the National Marine Fisheries Service. H. Dale Hall...said Tuesday that the draft proposal detailing the changes was “really a beginning of a process.” "It had all options on the table,” Mr. Hall said. “It really doesn’t represent anything that we support or don’t support.” Jan Hasselman, a lawyer with the Seattle office of Earthjustice, an environmental group, said that he had obtained a copy of the draft proposal from a federal official, and that it was created in June but had been edited as recently as a month ago. “I certainly don’t think that anyone ever contemplated a wholesale delegation of fundamental duties” to the states, Mr. Hasselman said. Interior Secretary Dirk Kempthorne proposed legislation amending the act when he was a senator from Idaho, and more drastic changes were proposed in the last Congress in an unsuccessful bill.

3-27-07
Salon
Inside the secretive plan to gut the Endangered Species Act
Proposed regulatory changes, obtained by Salon, would destroy the "safety net for animals and plants on the brink of extinction," say environmentalists.
By Rebecca Clarren

The U.S. Fish and Wildlife Service is maneuvering to fundamentally weaken the Endangered Species Act, its strategy laid out in an internal 117-page draft proposal obtained by Salon. The proposed changes limit the number of species that can be protected and curtail the acres of wildlife habitat to be preserved. It shifts authority to enforce the act from the federal government to the states, and it dilutes legal barriers that protect habitat from sprawl, logging or mining.

"The proposed changes fundamentally gut the intent of the Endangered Species Act," says Jan Hasselman, a Seattle attorney with Earthjustice, an environmental law firm, who helped Salon interpret the proposal. "This is a no-holds-barred end run around one of America's most popular environmental protections. If these regulations stand up, the act will no longer provide a safety net for animals and plants on the brink of extinction."

In recent months, the Fish and Wildlife Service has gone to extraordinary efforts to keep drafts of regulatory changes from the public. All copies of the working document were given a number corresponding to a person, so that leaked copies could be traced to that individual. An e-mail sent in March from an assistant regional director at the Fish and Wildlife Service to agency staff, asking for comments on and corrections to the first draft, underscored the concern with secrecy: "Please Keep close hold for now. Dale [Hall, director of the U.S. Fish and Wildlife Service] does not want this stuff leaking out to stir up discontent based on speculation."

Many Fish and Wildlife Service employees believe the draft is not based on "defensible science," says a federal employee who asked to remain anonymous. Yet "there is genuine fear of retaliation for communicating that to the media. People are afraid for their jobs."

Chris Tollefson, a spokesperson for the service, says that while it's accurate to
characterize the agency as trying to keep the draft under wraps, the agency has every intention of communicating with the public about the proposed changes; the draft just hasn't been ready. And, he adds, it could still be changed as part of a forthcoming formal review process.

Administration critics characterize the secrecy as a way to maintain spin control, says Kieran Suckling, policy director of the Center for Biological Diversity, a national environmental group. "This administration will often release a 300-page-long document at a press conference for a newspaper story that will go to press in two hours, giving the media or public no opportunity to digest it and figure out what's going on," Suckling says. "[Interior Secretary Dirk] Kempthorne will give a feel-good quote about how the new regulations are good for the environment, and they can win the public relations war."

In some ways, the proposed changes to the Endangered Species Act should come as no surprise. President Bush has hardly been one of its fans. Under his reign, the administration has granted 57 species endangered status, the action in each case being prompted by a lawsuit. That's fewer than in any other administration in history -- and far fewer than were listed during the administrations of Reagan (253), Clinton (521) or Bush I (234). Furthermore, during this administration, nearly half of the U.S. Fish and Wildlife Service employees who work with endangered species reported that they had been directed by their superiors to ignore scientific evidence that would result in recommendations for the protection of species, according to a 2005 survey of more than 1,400 service biologists, ecologists and botanists conducted by Public Employees for Environmental Responsibility, a nonprofit organization.

"We are not allowed to be honest and forthright, we are expected to rubber stamp
everything," wrote a Fish and Wildlife Service biologist as part of the survey. "I have 20 years of federal service in this and this is the worst it has ever been."

The agency has long seen a need to improve the act, says Tollefson. "This is a look at what's possible," he says. "Too much of our time as an agency is spent responding to litigation rather than working on recovering the species that are most in need. The current way the act is run creates disincentives for people to get involved with recovering species."

Kempthorne, boss of the Fish and Wildlife Service, has been an outspoken critic of the act. When he was a U.S. senator from Idaho in the late 1990s, he championed legislation that would have allowed government agencies to exempt their actions from Endangered Species Act regulations, and would have required federal agents to conduct cost-benefit analyses when considering whether to list a species as endangered. (The legislation failed.) Last June, in his early days as interior secretary, Kempthorne told reporters, "I really believe that we can make improvements to the act itself."

Kempthorne is keeping good on his promise. The proposed draft is littered with language lifted directly from both Kempthorne's 1998 legislation as well as from a contentious bill by former Rep. Richard Pombo, R-Calif. (which was also shot down by Congress). It's "a wish list of regulations that the administration and its industry allies have been talking about for years," says Suckling.

Written in terse, dry legal language, the proposed draft doesn't make for easy reading.

However, the changes, often seemingly subtle, generally serve to strip the Fish and Wildlife Service of the power to do its stated job: to protect wildlife. Some verge on the biologically ridiculous, say critics, while others are a clear concession to industry and conservative Western governors who have long complained that the act degrades the economies of their states by preventing natural-resource extraction.

One change would significantly limit the number of species eligible for endangered status. Currently, if a species is likely to become extinct in "the foreseeable future" -- a species-specific timeframe that can stretch up to 300 years -- it's a candidate for act protections. However, the new rules scale back that timeline to mean either 20 years or 10 generations (the agency can choose which timeline). For certain species with long life spans, such as killer whales, grizzly bears or wolves, two decades isn't even one generation. So even if they might be in danger of extinction, they would not make the endangered species list because they'd be unlikely to die out in two decades.

"It makes absolutely no sense biologically," wrote Hasselman in an e-mail. "One of the Act's weaknesses is that species aren't protected until they're already in trouble and this proposal puts that flaw on steroids."

Perhaps the most significant proposed change gives state governors the opportunity and funding to take over virtually every aspect of the act from the federal government. This includes not only the right to create species-recovery plans and the power to veto the reintroduction of endangered species within state boundaries, but even the authority to determine what plants and animals get protection. For plants and animals in Western states, that's bad news: State politicians throughout the region howled in opposition to the reintroduction of the Mexican gray wolf into Arizona and the Northern Rockies wolf into Yellowstone National Park.

"If states are involved, the act would only get minimally enforced," says Bob Hallock, a recently retired 34-year veteran of the Fish and Wildlife Service who, as an endangered species specialist, worked with state agencies in Idaho, Washington and Montana. "States are, if anything, closer to special economic interests. They're more manipulated. The states have not demonstrated the will or interest in upholding the act. It's why we created a federal law in the first place."

Additional tweaks in the law would have a major impact. For instance, the proposal would narrow the definition of a species' geographic range from the landscape it inhabited historically to the land it currently occupies. Since the main reason most plants and animals head toward extinction is due to limited habitat, the change would strongly hamper the government's ability to protect chunks of land and allow for a healthy recovery in the wild.

The proposal would also allow both ongoing and planned projects by such federal agencies as the Army Corps of Engineers and the Forest Service to go forward, even when scientific evidence indicates that the projects may drive a species to extinction. Under the new regulations, as long as the dam or logging isn't hastening the previous rate of extinction, it's approved. "This makes recovery of species impossible," says Suckling.

Gutting the Endangered Species Act will only thicken the pall that has hung over the Fish and Wildlife Service for the past six years, Hallock says. "They [the Bush
administration] don't want the regulations to be effective. People in the agency are like a bunch of whipped dogs," he says. "I think it's just unacceptable to go around squashing other species; they're of incalculable benefit to us. The optimism we had when this agency started has absolutely been dashed."

3-27-07
Endangered Species Act changes in the works...Janet Wilson and Julie Cart
http://www.latimes.com/news/science/environment/la-na-endangered28mar28,1,7044899.story

Bush administration officials said Tuesday that they were reviewing proposed changes to the way the 34-year-old Endangered Species Act is enforced, a move that critics say would weaken the law in ways that a Republican majority in Congress was unable to do...draft of suggested changes, which was leaked Tuesday, would reduce protection for wildlife habitat and transfer some authority over vulnerable species to states. Acting under orders from Interior Secretary Dirk Kempthorne, who has long fought for changes in the law, U.S. Fish and Wildlife Service Director H. Dale Hall said he had asked his senior field staff to evaluate proposals in the draft by policy advisors in the Departments of Interior and Commerce, which oversee almost 1,300 imperiled species. Hall made his comments after environmental groups and the online journal Salon.com published a draft version of the proposals Tuesday. The draft contains language from Kempthorne's proposed 1998 legislation and from a controversial bill by former Rep. Richard W. Pombo (R-Tracy), both of which died in Congress.

3-27-07
Washington Post
Govt. eyes changes in Species Protection...H. Josef Hebert, AP
http://www.washingtonpost.com/wp-dyn/content/article/2007/03/27/AR2007032701623_pf.html

Details of some of the proposed changes surfaced Tuesday in a number of draft department documents released by environmentalists, who said the changes would amount to a gutting of the federal Endangered Species Act. Department spokesmen said the drafts were still under review and that no decision had been made by Interior Secretary Dirk Kempthorne on whether to proceed. "The focus is how we can do a better job of recovering more species," department spokesman Hugh Vickery said in an interview. He called the documents that have surfaced preliminary and in some cases out of date. Some of the proposed changes are outlined in a 117-page draft regulation and in a half-dozen separate memorandums, some dating back to last summer and others as recent as mid-February. The proposed changes "touch on every key program under the Endangered Species Act. It is a rewrite from top to bottom," said Kieran Suckling of the Center for Biological Diversity, a national environmental group based in Tucson, Ariz. The draft was the subject of a story Tuesday on Salon.com. Vickery said the 117-page document, which includes many of the proposed changes, is old. "It does not represent the latest thinking by the Fish and Wildlife Service," he said. "Recommendations are still being floated." But Daniel Patterson of Public Employees for Environmental Responsibility, which put the documents on its Web site Tuesday, said the memos have been circulated among agencies outside the Interior Department, suggesting that the proposals are in the late stage of consideration.

3-30-07
Stockton Record
GOP launches early attack on McNerney...Hank Shaw
http://recordnet.com/apps/pbcs.dll/article?AID=/20070329/A_NEWS/703290337

National Republicans have begun their attempt to unseat Rep. Jerry McNerney, D-Pleasanton, a full 20 months before Election Day 2008. The Republican National Campaign Committee, which spent tens of thousands of dollars in an unsuccessful effort to save former Tracy Rep. Richard Pombo last fall, has included McNerney in its first round of targets posted on www.therealdemocratstory.com. NRCC will also send about 100,000 e-mails into McNerney's 11th District highlighting their criticism of the freshman Democrat's voting record. McNerney has voted with Nancy Pelosi 100 percent of the time so far this year.

3-31-07
Center for Biological Diversity
Interior Department Official Distorted Agency's Own Science to Avoid Protecting Endangered Species...Press Release...3-29-07

http://www.biologicaldiversity.org/swcbd/press/macdonald-03-29-2007.html
Report from Inspector General Department of Interior Blasts Assistant Secretary for Fish, Wildlife and Parks Julie MacDonald
3-23-07...A copy of the Inspector General’s report is available at http://www.biologicaldiversity.org/swcbd/programs/esa/pdfs/DOI-IG-Report_JM.pdf.

3-31--07
San Francisco Chronicle
Judge tosses new forest rules...Henry K. Lee
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/03/31/BAGE5OVFUT1.DTL&hw=endangered+species&sn=003&sc=374

A federal judge in San Francisco threw out the Bush administration's new rules Friday for managing the country's 155 national forests, saying the government had failed to consider the environmental effects that could result from the changes...administration also failed to give the public a chance to review the new regulations before they went into effect in 2005, U.S. District Judge Phyllis Hamilton said in a ruling on two consolidated lawsuits filed by environmental groups and the state of California. Hamilton said the government had violated the National Environmental Policy Act and the Endangered Species Act and couldn't institute the new rules until environmental reviews are conducted. More than a dozen environmental groups had filed suit, including Citizens for Better Forestry, Defenders of Wildlife and the Sierra Club.

3-32-07
San Francisco Chronicle
UC faculty to join talks on big BP biofuels deal...Rick DelVecchio
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/03/31/BAGE5OV6G61.DTL&hw=uc&sn=001&sc=921

UC Berkeley's administration has invited faculty members to join the contract talks on the $500 million BP biofuels deal amid pressure to ensure that campus traditions and values are safeguarded in the partnership. Journalism Professor Bill Drummond, chairman of the campus Academic Senate, said the administration will allow four professors who chair Senate committees -- Calvin Moore, Patrick Kirch, Christopher Kutz and J. Miguel Villas-Boas -- to participate in the negotiations... The university's administration is being sharply challenged by faculty members who fear the BP deal is so big that it threatens to upset the tradition of shared governance on campus between the Academic Senate and the administration. A petition signed by 130 faculty members, including some of the campus' most widely respected academics, calls for the immediate convening of a blue-ribbon committee to look into aspects of the BP deal that impinge on the Academic Senate's mandate. The petitioners argue that decisions on hiring faculty and allocating resources to the BP-funded Energy Biosciences Institute, to be staffed by 50 BP-appointed researchers and 100 from academia, are going forward without proper campus review. A second petition by a different group of faculty members seeks to cancel the BP deal on the grounds that it constitutes the "greenwashing" of the oil company's environmental record through its association with the university. Robert Dudley, a UC Berkeley professor of integrative biology and a member of the Academic Senate's academic freedom committee, said the lack of disclosure of the BP deal's details is "potentially suspicious."...cited a 1998-2003 research deal under which the Swiss biotech firm Novartis provided $25 million in funding to the university's Department of Plant and Microbial Biology. Faculty members were upset that a funding deal that large wasn't discussed universitywide before it was implemented. Ironically, the Novartis controversy prompted Cornell's faculty to develop standards that could be put into action in a similar partnership. Cornell faculty's 26-page document was finished in 2005 after two years of debate...document coined a new term for large-scale research sponsorships: "strategic corporate alliances."

3-30-07
San Francisco Chronicle
UC-Merced hopes to lure large-campus rejects...San Jose Mercury News
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/03/30/state/n125253D42.DTL&hw=uc&sn=009&sc=878

The University of California, Merced has a new strategy to attract students:...The "Shared Experience" program will allow about 1,000 students who narrowly miss admission to UC Berkeley, UCLA, UC Irvine or UC San Diego to attend the Merced campus for two years, and then finish their studies at a more established school. Growth has been slower than expected at UC Merced, where freshman enrollment dropped 38 percent last fall in the school's second year. The Shared Experience program was also used to increase attendance at UC Santa Cruz in the 1980s, when some students were guaranteed subsequent entry to the Berkeley campus.

3-31-07
Los Angeles Times
Southland's dry spell could get worse...Betinna Boxall
http://www.latimes.com/news/local/la-me-dry31mar31,1,7683947

Nature is pulling a triple whammy on Southern California this year. Whether it's the Sierra, the Southland or the Colorado River Basin, every place that provides water to the region is dry. It's a rare and troubling pattern, and if it persists it could thrust the region into what researchers have dubbed the perfect Southern California drought: when nature shortchanges every major branch of the far-flung water network that sustains 18 million people. The mountain snowpack vital to water imports from Northern California is at the lowest level in nearly two decades. The Los Angeles area has received record low rainfall this winter... And the Colorado River system remains in the grip of one of the worst basin droughts in centuries. Thanks to a bountiful Sierra snowpack in the spring of 2006, the state's reservoirs are in good shape. Twice during the 20th century — in the late 1950s and the early 1980s — drought strained all three regions that supply Southern California, said Scripps Institution of Oceanography hydrologist Hugo Hidalgo. UCLA geography professor Glen MacDonald, warned, "if you went into a decade or longer of persistent drought that affected the Sacramento [River Basin], the Los Angeles area and the Colorado, you would end up basically taxing all of the those water storage facilities, from the dams on the Colorado to what we have here, to beyond the breaking point." As a result of this spring's skimpy Sierra snowpack — it's at 46% of the normal statewide average — the State Water Project will reduce deliveries of Northern California water to the central and southern parts of the state, but not dramatically.

Washington Post
Extinct sense...Editorial
http://www.washingtonpost.com/wp-dyn/content/article/2007/03/30/AR2007033001998.html
IT LOOKS LIKE another story of endangered ethics on the Bush administration's environmental staff. Last week the Interior Department's inspector general submitted the results of an investigation of Julie A. MacDonald, the deputy assistant secretary for fish and wildlife and parks, to congressional overseers. According to numerous accounts collected in the inquiry, Ms. MacDonald has terrorized low-level biologists and other employees for years, often yelling and even swearing at them. One official characterized her as an "attack dog." Much of this bullying, the report suggests, was aimed at diluting the scientific conclusions and recommendations of government biologists and at favoring industry and land interests. Ms. MacDonald's subordinates said she has trenchantly resisted both designating new species as endangered and protecting imperiled animals' habitats. She defended her interventions in an interview with the inspector general's staff, saying that she kept Interior's scientists accountable, according to the report. But the evidence available suggests she was at the least too aggressive. H. Dale Hall, director of the Fish and Wildlife Service, recounted a battle he had with Ms. MacDonald over the Southwest willow flycatcher, an endangered bird. claims that Ms. MacDonald insisted on lowering that to 1.8 miles so that the nesting range would not extend into California, where her husband maintained a family ranch. The inspector general noted that she has no formal training in biology. The inspector general's review of Ms. MacDonald's e-mail account also showed that she had close ties to lobbying organizations that have challenged endangered-species listings and that she had "misused her position" to give them information not available to the public on Interior Department policy. Reports of Ms. MacDonald's alleged sins have emerged soon after revelations of other ethical lapses by Bush environmental appointees. J. Steven Griles, the former second in command at Interior, pleaded guilty to charges stemming from the Jack Abramoff scandal. And Sue Ellen Wooldridge, formerly the government's top environmental lawyer, jointly purchased a vacation home with Mr. Griles and a lobbyist for ConocoPhillips. These are troubling incidents. Ms. MacDonald works for an agency tasked with making determinations based on scientific fact, not on her, or her lobbyist friends', inclinations. She appears to have betrayed that vital principle. The inspector general has sent his report to top officials at the Interior Department. They should investigate for themselves the document's troubling descriptions and take action to ensure that Ms. MacDonald and other managers at Interior make policy fit the science, not the other way around.

4-1-07
Sacramento Bee
Canal still best Delta water fix...Dan Walters
http://www.sacbee.com/111/story/147490.html

One of Brown's better initiatives was closing a gap in the water system that had been started under his father, Pat Brown...the "Peripheral Canal" enjoyed support from both environmentalists and municipal and agricultural water agencies... After a highly misleading, farmer-financed campaign, voters rejected the Peripheral Canal in 1982. Had the Peripheral Canal been built as Jerry Brown urged, the fish being chewed up in the pumps would have been alive and more numerous. Had the Peripheral Canal been built, we wouldn't have to worry so much about Delta levees collapsing due to an earthquake or being breached by rising ocean levels from global warming, either of which would threaten water deliveries. But the canal wasn't built. Schwarzenegger described the fish-kill decision as "one more indication of how our system doesn't really work, and that we have to upgrade it. We have to fix our levees. There are a lot of things that need to be done. We need to have more above-the-ground water storage. We have to start thinking about our Delta; it's very, very vulnerable. As I said, one earthquake and one big storm, and it could wipe out this whole system, and 25 million people will suffer because of it." Arnold Schwarzenegger is the first governor since Brown to truly confront the water policy gridlock. Schwarzenegger described the fish-kill decision as "one more indication of how our system doesn't really work, and that we have to upgrade it. We have to fix our levees. There are a lot of things that need to be done. We need to have more above-the-ground water storage. We have to start thinking about our Delta; it's very, very vulnerable. As I said, one earthquake and one big storm, and it could wipe out this whole system, and 25 million people will suffer because of it." He's right.

| »

Merced County sued for reducing Castle Airport noise and safety zone to benefit racetrack project

Submitted: Mar 16, 2007

MERCED (March 16, 2007) -- Two local environmental groups filed suit Thursday in Merced County Superior Court against Merced County, the Board of Supervisors and Riverside Motorsports Park, LLC under provisions in the State Aeronautics Act and the California Environmental Quality Act (CEQA).

San Joaquin Raptor Rescue Center and Protect Our Water challenged the December 12 Board of Supervisors' decision to override the Castle Airport Land Use Commission and reduce the diameter of the noise/safety restricted zone around the airport sufficiently to permit Riverside Motorsports Park to built its facility nearby.

The two local environmental groups petitioned the court for a writ of mandate to set aside the Dec. 12 override on the basis that it violates the Aeronautics Act and CEQA, to make adequate findings of fact, prepare, circulate and consider legally adequate environmental review for the override, and suspend activity that could result in any change of alteration of the physical environment until the override is legally compliant.

The causes of action for the suit are Merced County's abuse of discretion under the Aeronautics Act and CEQA, including:

· Failure to make fact-specific findings required by the Aeronautics Act;

· Failure to set forth findings sufficient to bridge the analytical gap between the raw evidence and the ultimate Board decision to reduce the size of the airport noise/safety zone;

· Failure to analyze the environmental impacts of the override under CEQA;

· Failure to consider the override a project under CEQA;

· Failure to provide any findings as required by CEQA on a project.

"In a nutshell, the Board could not certify the racetrack environmental impact report without reducing the size of the airport's noise/safety zone," said Lydia Miller, president of the Raptor Center.

"We are represented by the skilled and experienced environmental law firm of Don Mooney and Marsha Burch,"Miller added.

The petition is attached.

For further information contact:

Lydia Miller

San Joaquin Raptor Rescue Center

Merced CA 95341

(209) 723-9283

DONALD B. MOONEY

MARSHA BIRCH

Law Offices of Donald B. Mooney

Davis CA 95616

(530) 758-2377
---------------------

The petition:

DONALD B. MOONEY (SBN153721)
MARSHA A. BURCH (SBN 170298)
LAW OFFICES OF DONALD B. MOONEY

Telephone: (530) 758-2377
Facsimile: (530) 758-7169

Attorneys for Petitioners
San Joaquin Raptor Rescue Center
and Protect Our Water

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MERCED

SAN JOAQUIN RAPTOR RESCUE
CENTER; and
PROTECT OUR WATER
Case No.:

Petitioners,
VERIFIED PETITION FOR WRIT OF MANDATE
v. COUNTY OF MERCED; MERCED COUNTY BOARD OF SUPERVISORS; AND DOES 1-10

Respondents.

RIVERSIDE MOTORSPORTS .
PARK, LLC and DOES 11-100

Real Parties in Interest.

Code Code Civ. Proc. § 1094.5; State Aeronautics Act, Pub. Res. Code
§§ 21676.5 and 21670; and CEQA, Pub. Res. Code § 21000, et seq.

INTRODUCTION

1. By this action, Petitioners San Joaquin Raptor Rescue Center and Protect Our Water (“Petitioners”) challenge the action on December 12, 2007, by the County of Merced and the Merced County Board of Supervisors (“County” or “Respondents”) overruling a finding of inconsistency by the Merced County Airport Land Use Commission (“ALUC”) between the Merced County Airport Land Use Plan and the Riverside Motorsports Park Project (the “Override”). Petitioners allege that these actions violate the Public Utilities Code, specifically the State Aeronautics Act (Public Utilities Code §§ 21670 and 21676.5) (the “Act”). Petitioners also allege violation of the California Environmental Quality Act (“CEQA”) Public Resources Code section 21000 et seq., as a result of Respondents’ failure to conduct environmental review of the discretionary Override decision. Petitioners seek a determination from this Court that Respondents’ action in overriding the inconsistency determination of the ALUC is invalid and void as contrary to law and/or an abuse of discretion.
PARTIES
2. Petitioner San Joaquin Raptor Rescue Center is a non-profit group that works for preserving wildlife habitats and the environment in general in the San Joaquin Valley and Merced County area. To that end, it is involved in efforts to protect the resources of the Valley, including air and water quality, the preservation of agricultural land, and the protection of wildlife and its habitat. The Center also is committed to public education regarding these various issues and ensuring governmental compliance with the law of this state. The Center is composed of persons whose economic, personal, aesthetic, and property interests will be severely injured if the adoption of the project is not set aside pending full compliance with CEQA and all other environmental laws. Center members utilize and enjoy the County's and State's natural resources. The Center brings this petition on behalf of all others similarly situated who are too numerous to be named and brought before this court as petitioners. As a group composed of residents and property owners generally within the San Joaquin Valley and specifically in Merced County, the Center is within the class of persons beneficially interested in, and aggrieved by, the acts of respondents as alleged below. Members of the Center participated in the administrative processes herein, and exhausted its remedies. Accordingly, the Center has standing to sue.
3. SJRRC and its members have a direct and substantial beneficial interest in ensuring that Respondents comply with the laws relating to environmental protection, safety and land use issues. SJRRC is affected by Respondents’ failure to comply with the Act.
4. Petitioner Protect Our Water is an unincorporated association formed in 1998 for the purpose of increasing the awareness, appreciation, and preservation of the environmental resources within the Central Valley region of central California, as well as within other areas of the State of California. POW aims to protect natural resources and the environment and to uphold the integrity of environmental and land use planning and review processes. POW’s membership includes residents and property owners within Merced County and the San Joaquin Valley in general, and as such is within the class of persons beneficially interested in, and aggrieved by, the acts of Respondents as alleged below. POW participated in the administrative processes herein, has exhausted its remedies, and has standing to sue.
5. POW and its members have a direct and substantial beneficial interest in ensuring that Respondents comply with the laws relating to environmental protection, safety and appropriate land use planning. POW is affected by Respondents’ failure to comply with the Act.
6. Respondent Merced County is a political subdivision of the State of California and a body corporate and politic exercising local government power. Merced County is responsible for compliance with the Act.
7. Respondent Merced County Board of Supervisors is a legislative body duly authorized under the California Constitution and the laws of the State of California to act on behalf of the County of Merced. Respondent Merced County Board of Supervisors are responsible for regulating and controlling land use within the County including, but not limited to, compliance with California land use laws, including the Act.
8. Petitioners are unaware of the true names and capacities of Respondents identified as Does 1-10. Petitioners are informed and believe, and on that basis allege, that Respondents Does 1-10, inclusive, are individuals, entities or agencies with material interests affected by the Override. When the true identities and capacities of these Respondents have been determined, Petitioners will, with leave of Court if necessary, amend this Petition to insert such identities and capacities.
9. Real Party In Interest Riverside Motorsports Park, LLC is a California Limited Liability Company and conducting business in the state of California. RMP is the applicant for and beneficiary of the County’s general plan amendments, zoning changes, and certification of the Riverside Motorsports Project (“Project”), the subject of the ALUC’s inconsistency determination, which was overridden by Respondents.
10. Petitioners are currently unaware of the true names and capacities of Does 11 through 100, inclusive and therefore sue such unnamed Real Parties in Interest by their fictitious names. Petitioners are informed and believe and thereon allege, that fictitiously named Real Parties in Interest have an interest in the subject of this Petition. When the true identities and capacities of Real Parties in Interest have been determined, Petitioners will, with leave of Court if necessary, amend this Petition to include such identities and capacities.
BACKGROUND FACTS
9. The RMP Project is proposed for construction on 1,187 acres of agricultural land located east of the City of Atwater in the County of Merced. Castle Airport (formerly Castle Air Force Base) and the Castle Specific Urban Development Plan area are located immediately southwest of the Project site.
11. The RMP Project is proposed to include the construction of a regional motorsports recreation, entertainment and commercial business facility.
12. The Notice of Preparation (“NOP”) of the environmental document for the Project was originally circulated to the Governor’s Office of Planning and Research on July 22, 2003. Following release of the NOP, revisions to the Project description were identified by RMP that required the NOP’s recirculation. The NOP was recirculated on March 14, 2005 for a 30-day comment period.
13. On October 1, 2003, the ALUC made a determination that the Project is inconsistent with the Merced County Airport Land Use Plan.
14. On December 12, 2006, the Merced County Board of Supervisors, relying upon Public Utilities Code section 21676(b), overrode the ALUC’s inconsistency determination, approving Resolution 2006-189. Resolution 2006-189 is attached hereto as Exhibit A and made a part hereof by this reference.
15. Resolution 2006-189 includes conclusory findings regarding noise impacts related to the Override, but the Resolution does not include any specific findings of fact related to safety. The findings do not include any reference to environmental review for the Override, nor do they include findings required by CEQA.
16. On December 12, 2006, the same date Resolution 2006-189 was adopted by Respondents, Respondents certified the Final Environmental Impact Report for the RMP Project.
17. On December 19, 2006, the Board of Supervisors approved the General Plan Amendment to expand the existing Castle Specific Urban Development Plan boundaries to include the Project site; approve the amendment to the Circulation Chapter of the General Plan; approve the amendment to the Merced County Zoning Code to change the existing zoning designations on the Project site from General Agriculture (A-1) and Exclusive Agriculture (A-2) to Planned Development (PD); remove the Project site from the Agricultural Preserve Area; and approve the Master Plan.
JURISDICTION AND VENUE
18. This Court has jurisdiction over the alleged violations of the Act contained in this Petition pursuant to Code of Civil Procedure section 1904.5. With respect to the CEQA cause of action, this Court has jurisdiction over this action pursuant to sections 1085 and 187 of the California Code of Civil Procedure and section 21168.5 of the California Public Resources Code. Petitioners believe that this action is properly brought as a petition for writ of mandate under those provisions. However, should this Court conclude that this action cannot be properly be brought as a petition for a writ of mandate, petitioners request that this Petition be construed as a petition for writ of administrative mandamus (for which jurisdiction would lie pursuant to Code of Civil Procedure sections 1094.5 and 187, and Public Resources Code section 21168), or for other appropriate extraordinary relief.
19. Venue for this action properly lies in the Superior Court for the State of California in and for the County of Merced pursuant to section 394 of the Code of Civil Procedure.

EXHAUSTION OF ADMINISTRATIVE REMEDIES
AND INADEQUACY OF REMEDY

20. Petitioners have performed any and all conditions precedent to filing the instant action and have exhausted any and all available administrative remedies to the extent required by law. Petitioners timely submitted written comments on the Override.
21. Petitioners have no plain, speedy or adequate remedy in the course of ordinary law unless this Court grants the requested writ of mandate to require Respondents to set aside their Override. In the absence of such remedy, Respondents’ approvals will remain in effect in violation of State law.
22. This action has been brought within 90 days of the Override as required by Code of Civil Procedure section 1094.6.
STANDING
23. Petitioners have standing to assert the claims raised in this Petition because Petitioners and their members’ environmental interests are directly and adversely affected by the County’s Override.

ARBITRARY AND CAPRICIOUS ACTIONS
24. Petitioners bring this action on the basis, among others, of Government Code section 800, which awards Petitioners’ attorneys’ fees in actions to overturn agency decisions that are arbitrary and capricious, such as the decisions here in question.
FIRST CAUSE OF ACTION
(Abuse of Discretion)
Violations the State Aeronautics Act
Public Utilities Code section 21001, et seq.
25. Petitioners reallege and incorporate by reference Paragraphs 1 through 24, inclusive, of this Petition, as if fully set forth below.
26. Respondents committed a prejudicial abuse of discretion and failed to proceed in a manner required by law by failing to make fact-specific findings as required by the Act, and failed to set forth findings sufficient to bridge the analytical gap between the raw evidence and the ultimate decision.
27. Respondents violated the Act in failing to make findings sufficient under Public Utilities Code section 21676(b) and as required under Code of Civil Procedure section 1094.5.
28. Respondent’s failure to comply with the requirements of the Act renders the Override inadequate as a matter of law and requires that Respondent’s decision be set aside.

SECOND CAUSE OF ACTION
(Abuse of Discretion)
Violation of CEQA, Public Resources Code, § 21000 et seq.

29. Petitioner realleges and incorporates herein, as if set forth in full, each and every allegation contained in paragraphs 1 through 28 of this petition and further allege as follows:
30. Respondents have abused their discretion and failed to act in the manner required under CEQA with respect to the Override because they have failed to analyze its environmental impacts, and failed to make any determination at all with respect to the applicability of CEQA to the Override determination.
31. CEQA applies to “discretionary projects proposed to be carried out or approved by a public agency.” (Pub. Resources Code § 21080(a).) Approval of the Override was a “Project” under CEQA because the Override is an activity carried out, supported by, or authorized by a public agency, “which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (Pub. Resources Code § 21065; Guidelines § 15378(a).)
32. Respondents made no CEQA findings related to the Override. Accordingly, Respondents’ Override should be set aside.
PRAYER FOR RELIEF
WHEREFORE, Petitioners pray for judgment as follows:
1. That this Court issue a peremptory writ of mandate ordering the County to:
(a) vacate and set aside its December 12, 2006, Override on the ground that it violates the State Aeronautics Act, Public Utilities Code section 21001 et. seq.;
(b) prepare adequate findings of fact, including findings bridging the analytical gap between the raw evidence and the ultimate decision;
(c) vacate and set aside its December 12, 2006, Override on the ground that it violates the California Environmental Quality Act, Public Resources Code section 21000 et seq.;
(d) prepare, circulate and consider legally adequate environmental review for the Override;
(e) suspend all activity that could result in any change or alteration to the physical environment until Respondents have taken such actions as may be necessary to bring its determination, findings or decision regarding the Override into compliance with the Act and CEQA;
2. For Petitioner’s costs associated with this action;
3. For an award of reasonable attorneys’ fees pursuant to Code of Civil Procedure section 1021.5; and
4. For such other and further relief as the Court may deem just and proper.

Respectfully submitted,

LAW OFFICES OF DONALD B. MOONEY

Dated: March ___, 2007

By Donald B. Mooney
Attorney for Petitioners
San Joaquin Raptor Rescue Center, and
Protect Our Water

| »

The cult of Valley followership

Submitted: Mar 11, 2007

“In order to fight each other, the chicks born from the same mother hen put colors on their faces.” -- Buddhist monk Thich Nhat Hanh, founder of study centers and active in working for peace during the war in Vietnam.

"You don't know who's swimming nekkid till the tide goes out." -- attributed to Warren Buffett, NPR Marketplace, March 9, 2007

This site has been critical of local leadership for some time. Although at times individuals have been singled out, there has been more criticism of the entire leadership institution, or cult, in the Valley, than of any individual. Experience arguing with government about its policies and direction demonstrate quite vividly that the individuals are nearly completely interchangeable by the time they have been selected for leadership.

It has been the direction, most of all, that has been so disturbing, although the means by which the direction has been achieved are not above reproach. These means, involving much corruption of existing law and public process will continue to be challenged because they must be challenged.

However, the leaders, egged on by a remorselessly personalizing media that tends to present a story involving the most general principles of law and ethics as gossip, take personal affront when they are caught just doing another deal, business as usual. They ought to spare the public their sensitivities; most people know somehow that our individual leaders, whatever their strengths and attractiveness may be, are no match for the special interests whose profits are the true guides of the direction the town and county have taken.

The problem is neither personal or local. There are many regional influences in the same direction. For example, the San Joaquin Valley Unified Air Pollution Control District proposes a negative declaration for its new ozone plan. Having drawn even with the worst air pollution basin in the nation, the district doesn't want an environmental impact report on its plan. Regional councils of governments, also appointed boards, pretend to have some concern for air quality but in fact function as legally suitable recipients for federal highway funds based on their transportation plans that promote even more urban growth. These COGs and CAGs are responsible for a series of county measures to increase sales taxes to create matching funds that, they hope, will attract more highway funds. San Joaquin County, which has had such a sales tax increase for several years, just discovered that this particular form of bribery doesn't work -- either because the state transportation department doesn't think the county's plan is that good or because other counties had more political muscle.

Some might take this message from CalTrans to San Joaquin County as a nearly divinely inspired excuse to slow Valley growth. But those people are not members of the Valley leadership cult, for which more growth is the only solution to all problems.

At the level of the state Legislature, nobody but a shrinking group who will never see sixty again can even remember when developers didn't control the important legislation, despite the environmental posturing of elected officials, which has grown positively theatrical with the arrival of Our Hun in the governor's office.

Beyond the state Legislature, our region in particular has been visited by the Pomboza, a bipartisan partnership between representatives Richard Pombo, R-Tracy, and Dennis Cardoza, D-Merced, which introduced numerous bills to gut the Endangered Species Act on behalf of developers building in their adjoining north Valley districts. Although Pombo was defeated by outraged environmentalists from around the country in the last election, he has joined an anti-environmental lobbying firm, so we imagine the Pomboza is alive and well behind the scenes, where Pombo may prove an even more environmentally
destructive politician than he was as the chairman of the House Resources Committee, since November restored to its earlier title, Natural Resources Committee.

Further examples of the federal approach to the San Joaquin Valley include: the Bureau of Reclamation's latest scheme to avoid responsibility for the selenium disaster on the west side: privatize the San Luis Reservoir; and the full-court attack of Rep. Devin Nunes, R-Visalia, against the Fraint Dam/San Joaquin River Settlement. The precedent of environmentalists, farmers and water districts coming to an agreement (albeit under warning from federal court that a settlement would be better than a judge's decision strictly by the law), must not be allowed to see the light of day or the world will end, according to Nunes -- willing to skewer his fellow Republican, Rep. George Radanovich of Mariposa in the process.

California's senior US senator, Dianne Fienstein, is the wife of investment banker, Richard Blum, presently chairman of the UC Board of Regents. This power team has rendered the term "conflict of interest" meaningless in California.

In a war began as the result of lies the administration told, the US military, the most powerful, best armed, most highly technologized and expensive miltary in the world, "is in danger of being driven back by a few tens of thousands of lightly armed irregulars, who have developed tactics capable of destroying multimillion-dollar vehicles and aircraft." The American military reaction in Iraq is characterized as "unadorned state terrorism." There is no doubt that denial historical knowledge goes straight to the top of US government. Bush now has been caught so thoroughly in his web of lies that drumbeats for impeachment keep growing.

Obviously, it won't do to blame local leaders for the general dysfunction and atmosphere of lies and destruction. However, given the topography and climate of the San Joaquin Valley, its leaders' growth policy for the profit of national and international finance, insurance and real estate interests at the expense of the public health and safety in the agricultural heartland of the most productive farming and ranching state in the nation, is, in a word, absurd, upside-down, backwards. However, if you stand on your head, it all comes clear: the leaders aren't actually leaders, they are just a select group of strong personalities trained in a cult to follow business, the bigger business the better. What they call "the real world" in authoritative tones designed to crush all question or criticism, is in fact a materialist fantasy of a hierarchy of wealth. This theory of leadership that is actually followership begs the lamentable question: who will be found nekkid when the tide goes out? We would prefer leadership that addresses the real, organic problems of the Valley and find means of improving things. Paving it over simply denies the responsibility of maintaining one of the most vital agricultural areas in the nation.

Any appeal to giantism finds a vigorous response in the Valley, however, because the Valley produces veritable Leviathans of corporate agribusiness and public works: Gallo Wine, Hilmar Cheese, Boswell Cotton, the largest public irrigation projects in the world, etc. This form of economic development has produced tremendous riches for a few and the lowest standard of living in the state for the many and has created a population dislocation in Mexico that has damaged both sides of the border and become a chronic, uncontrollable "hot-button" issue for the authoritarian racist crowd.

One of the major problems of thinking about the Valley is that its leadership denies the history of the Valley. Elites constantly form, rise, and morph between outside-funding cycles. A good example is the Great Valley Center, founded by a former pro-growth Modesto mayor on grants from a young, aggressive charitable foundation based in Silicon Valley and a group of the proper national environmental non-profits with completely self-serving agendas. As far as GVC was concerned, history began when it got its non-profit status and first grants. Its agenda was based on the idea that growth is inevitable and it produced numerous "smart growth" fantasies in a series of workshops and conferences noting for the declining quality of thinking and of sandwiches. Finally, it has joined in a win-win, private-public partnership with UC Merced, a public corporation convinced that absolutely nothing existed in the Valley before Itself arrived. The idea that history is nothing but the chronicle of the current leadership cult has been as thoroughly discredited as the flat-earth theory.

Despite high concentrations of wealth in a few agribusiness fortunes, there is relatively little philanthropy beyond projects that advertise their funders. Support for glamorless programs that get youth started in the right direction, shelter the homeless and care for the e;derly poor who honestly labored here and in general helps the community rise according to invaluable local knowledge about how resources should best be spent, was more evident 50 years ago than it is today. And UC Merced has made the situation worse by ripping off enormous tax-deductible contributions from regional plutocrats. UC Merced should not be blamed for this. The Valley has not had real charitable-spending leadership. The results of the lack of it are all around us. We have not been charitable where it matters. This must remain a mystery if one is not to indulge in futile blaming.

Nor can one blame Christianity for Valley churches that spend more time bashing gays than supporting the poor. We can see where an attitude of denial of reality greed and hypocrisy ends, but it is harder to see where it began. Perhaps, as some thoughtful religionists suggest, there is simply a loss of soul in America. Perhaps the prices paid for power and wealth were too high. Psychologist Erich Fromm noted 40 years ago:

The very picture of mid-twentieth century capitalism is hardly distinguishable from the
caricature of Marxist socialism as drawn by its opponents."

An article last week in the Merced Sun-Star, describes a quandary a Detroit-based developer and the city find themselves in:

Bellevue Ranch is the second largest development the company is currently working on.
Navigating endangered species and wetlands laws marks new territory for city officials too, who find themselves dealing with fairy shrimp for the first time within the city limit.

We begin with the Bellevue Ranch as a regulatory/development problem, with no reference to what it was, no reference to the lawsuit that produced the EIR on the project, and city officials are presented as having known nothing about the endangered species present on the land. This is deceit, not journalism.

The article echoes statements about vernal pools and fairy shrimp (endangered as are 11 species of plants found only around vernal pools) made from the earliest planning stages of UC Merced. It represents the earlier outrage, voiced by the various local Mr. and Ms. UC Merceds of their moments, that the fairy shrimp and the vernal pools in which they live are the greatest enemy Valley civilization has faced since Estanislao broke out of Mission San Jose. Once again, local business and political leaders, following the profit needs of outside developers, line up against an embattled federal resource agency charged under the Endangered Species Act with protecting endangered species that only live a few months a year and rarely exceed two inches in length. Yet their range in Merced County includes the eastern and western watersheds, the pastures where percolation takes place. By protecting fairy shrimp and vernal pools, local leaders would be protecting air quality and water quality and quantity for existing Valley residents. But local leaders didn't become local leaders by listening to any interest but business, which in the Valley regards all land in farming and ranching as fair game for more subdivisions. If it sounds as if I am excluding the farming and ranching business, like they say, there is no parcel of land in the Valley not for sale at a price. Agricultural organizations have fallen into a state of political autism, paralyzed by their dual position as both producers and landowners. Large landowners, like Mike Gallo and the Kelley family, become developers while smaller farmers suffer the steady degradation of their districts by encroaching urban development. In the battle between the farm and the subdivision, development always kicks the teeth out of "right to farm" policies.

So, we are in for another round of smart-growth fantasies as the air quality deteriorates and the water quality and quantity diminishes unless the nationwide speculative housing boom, particularly egregious here, produces a national recession that stops economic growth. Leadership by developer feeding frenzy halted by national recession is not our idea of leadership. The local followership cult is outrageously irresponsible, greedy, and it grovels before outside finance, insurance and real estate special interests.

Badlands editorial board
---------------------------------

Notes:

3-6-07
Merced Sun-Star
Tiny shrimp blocking builder...Leslie Albrecht
http://www.mercedsunstar.com/local/story/13354476p-13977705c.html

3-7-07
Merced Sun-Star
Building permits decline...Leslie Albrecht
http://www.mercedsunstar.com/local/story/13357619p-13980593c.html

2-22-07
Central Valley Business Times

California housing remains nation’s least affordable, despite cooling prices
LOS ANGELES
http://centralvalleybusinesstimes.com/stories/001/?ID=4411&ref=patrick.net

2-26-07
Modesto Bee
Vacant and costly
Empty homes leave owners on the hook
By J.N. SBRANTI
http://www.modbee.com/business/story/13300377p-13929065c.html

'Smart' rebels outstrip US
Top American generals make shock admission as Iraq leader pleads with neighbouring

countries to seal off their borders
Paul Beaver in Fort Lauderdale and Peter Beaumont
Sunday March 11, 2007
The Observer
http://observer.guardian.co.uk/world/story/0,,2031172,00.html

Surge and Destroy
The Brutality Escalates in Iraq
By Michael Schwartz
Tomdispatch.com -- March 11, 2007

Marx's Concept of Man, Erich Fromm, Ungar, New York, 1966.

Factories in the Field, Cary McWilliams, Peregrine Press, 1971 (originally published in

1935)

| »

Must make sense in Tracy

Submitted: Feb 10, 2007

The Tracy City Council voted on Tuesday to oppose the UC/Lawrence Livermore National Laboratory proposal to build a level-4 biowarfare laboratory at Site 300, a nearby bomb-testing site owned by the Department of Energy and managed by UC/Lawrence Livermore.

At the same meeting, the council voted to support trebling the amount of explosives that can be used on Site 300.

Both votes were 3-1.

Site 300 is outside the Tracy city limits.

Presumably, the two votes make sense in Tracy.

Bill Hatch
-----------------------

2-7-07
Tracy Press
Council votes against proposed bio-lab...John Upton

http://tracypress.com/content/view/7689/2/
Councilwoman Irene Sundberg, Councilwoman Evelyn Tolbert and Councilman Steve Abercombie voted Tuesday night to oppose a proposal by Lawrence Livermore National Laboratory to build the bio-lab at Site 300 in the hills southwest of Tracy, even though the council has no jurisdiction over the site. Acting Mayor Suzanne Tucker voted against opposing the lab... University of California Vice Provost for Research Lawrence Coleman asked Tracy City Council to not take a position on the bio-lab until the Department of Homeland Security provides more information later this year. The University of California operates Lawrence Livermore for the Department of Energy. Sundberg criticized Lawrence Livermore for taking too long to clean Site 300 contaminants...You’ve got no money to clean it up. And now you want to put more stuff in my backyard. Activist Bob Sarvey played an audio tape from a Nov. 15 public forum on the bio-lab, in which Lawrence Livermore spokeswoman Susan Houghton acknowledged that human errors could occur at the bio-lab and that homeowners might need to warn potential homebuyers about the facility. Stockton resident Mike Robinson, president of the San Joaquin County Farm Bureau, and Livermore resident Darrel Sweet, a past president of the California Cattleman’s Association, said the agricultural industry supports building the bio-lab at Site 300 in part because it would help speed up detection of exotic diseases in California’s agricultural stock.

2-8-07
Tracy votes down controversial bio lab...Jake Armstrong

http://recordnet.com/apps/pbcs.dll/article?AID=/20070208/A_NEWS/702080318
The Tracy City Council voted late Tuesday night to oppose the University of California's bid to locate a federal laboratory that would research incurable diseases on a high-explosives test range southwest of the city...called the National Bio- and Agro-Defense Facility. In a twist of irony, moments later, the council by the same margin voted to support an increase in the amount of explosives used in tests on the range known as Site 300, a 7,000-acre parcel owned by the U.S. Department of Energy and operated by Lawrence Livermore National Laboratory. Air pollution regulators in December gave Lawrence Livermore National Laboratory approval to more than triple the amount of explosives it uses in its outdoor tests at Site 300. The San Joaquin Valley Air Pollution Control Hearing Board was set Wednesday to hear an appeal of the permit, which allows the laboratory to use 350 pounds of explosives a day and up to 8,000 pounds a year. However, the board voted to continue the hearing to next month in order to handle a request for public documents. Tracy council does not have jurisdiction over Site 300, which is just outside city limits, the city's opposition to the bio lab will be put into a letter to U.S. Department of Homeland Security officials who are evaluating more than a dozen proposals from universities and laboratories seeking to win the facility. The lab would also research incurable pathogens in an area of the strictest containment level, or Bio-Safety Level 4. Other factors that will influence the final decision are a local work force with experience running high-level bio-safety labs and access to multiple forms of transportation from the site, Kelly said. The 18 contenders for the bio lab face a Feb. 16 deadline to submit more information on their proposals to DHS, which plans to visit the sites and make final recommendations sometime from March to May. Environmental impact studies on a short list of sites will begin in July, with a finalist being named in October 2008. Construction is scheduled to begin in 2010, and the bio lab is expected to be up and running as early as 2013.

| »

Some evolutionary considerations

Submitted: Feb 03, 2007
1-24-07
Tracy Press
Supes vote to back bio-lab...John Upton

http://tracypress.com/content/view/7317/2/
Acting on the advice of its agricultural committee, the San Joaquin County Board of Supervisors voted 4-1 on Tuesday to support an anti-biological terrorism laboratory that could be built southwest of Tracy to research incurable fatal diseases that affect both animals and people. Superintendent Steven Gutierrez voted against his colleagues, saying it was too early to determine whether the research activities would help safeguard and support the general public. “What research activity” Gutierrez said. “You don’t know what they’re going to do.” The Department of Homeland Security and Lawrence Livermore have not yet announced what types of diseases will be studied at the bio-lab, how the pathogens will be shipped in and out of the bio-lab, or whether accidents will be publicly reported. The Tracy City Council is expected to vote on whether it supports the bio-lab proposal at its meeting Feb. 6. Lawrence Livermore is managed by the University of California. The university’s agricultural division’s government and external relations director, Steve Nation, said after the meeting that the agricultural industry strongly supports the proposed bio-lab. He said the California Farm Bureau, the California Cattlemen’s Association, a woolgrowers association and Foster Farms support the bio-lab …

Let us return to ground recently covered. Rep. RichPAC Pombo, Buffalo Slayer-Tracy, was defeated by a coalition of state and national environmental groups because he and Rep. Dennis Cardoza, Shrimp Slayer-Merced, collectively known as the Pomboza, tried to gut the Endangered Species Act, one of the most popular laws in America.

Cardoza’s membership in the Pomboza stemmed from his support of the University of California’s attempts to destroy the richest fields of vernal pools, containing 15 endangered plants and animals, in the nation.

UC/Lawrence Livermore National Laboratory wants to win the contract to put a level-4 biowarfare laboratory on Site 300, the Livermore lab’s bomb-testing site, near Tracy. This lab would test the most dangerous biological toxins known to man. And it would get lots of defense grants for UC.

Congressional hearings are currently being held that raise the question: is UC, even with Bechtel at its side, incapable of running Los Alamos National Laboratory competently, or is it just impossible to run a weapons of mass destruction lab securely?

The ordinary person in Northern California has read a number of articles in recent years pointing out that UC security at the Livermore lab is not too hot either.

Maybe, that ordinary citizen, especially if he or she lives downwind from Tracy, does one more step of reasoning. You have to coat a bomb with plutonium and detonate it for its dust to spread around too much and pollute the groundwater, as it has near Tracy. It would seem that all you would have to do with a killer virus would be to drop a bottle of it on the floor and it could be all over the region rather quickly. Isn’t that what they do in a state of nature?

When that sort of thought goes through Joe Sixpack’s head, he rolls his eyes, groans, grabs another beer, turns on the TV and hopes he can really, really get into the football game.

An environmentally oriented person will protest this lab, as hundreds of people who have signed petitions against it have done.

Now, here comes the California Farm Bureau, the California Cattlemen’s Association, a woolgrowers association and Foster Farms. They support the lab, they told the San Joaquin County Board of Supervisors’ agricultural committee to support it, and they did, leaving it up to the Tracy City Council to hold the line on Feb. 6.

Given the nature of the full-court flak press by UC, the federal government is not interested in putting such an incredibly dangerous laboratory near a place where there is real controversy about it. UC tried several years ago to site this same laboratory at UC Davis, the Davis City Council opposed it adamantly, and the biowarfare lab did not go to Davis. So far, UC has had better luck with the Pomboza.

The decision by agribusiness to support the project was made apparently based on some sort of promises by UC Livermore lab to do some work on animal diseases. This will be done by bringing the animal diseases in concentrated form to the bio lab to research them, right in the middle of the densest populations of cattle and poultry in the state. It is not that these industries lack the benefits of modern agricultural science through the UC Cooperative Extension, the USDA and numerous other scientific entities.

Let’s bring Avian Flu here to the Valley to study it. UC has a proven record of security lapses, but agribusiness knows that UC can do no wrong. If the Avian Flu gets out and wipes out the poultry industry, the migrating birds on the Pacific Flyway and some people, agribusiness and UC can blame it on terrorists. Terrorists are an extremely important part of biowarfare research, because without terrorists, there would be no reason for the research because the terrorists are the ones who are going to introduce the deadly toxins into our environment for which the biowarfare lab is going to create antidotes. The terrorists are going to do this because they hate freedom. If they hate freedom enough to sneak past UC’s porous security and liberate a few deadly cattle and poultry viruses from the Tracy level-4 biowarfare lab, who are you going to blame for that? Osama. Boy, will we be mad at Osama then. We’ll get him for sure if that happens. You bet. But, we’ll have all the antidote we need to inoculate millions of cows, chickens, turkeys, migrating ducks and humans by that time. You bet. UC and the federal government together cannot go wrong.

The only possible explanation for this political decision on the part of agribusiness is that it is anti-environmental. By golly, we’re going to stick it to them damn environmentalists this time! However, one lone San Joaquin County supervisor wisely said that nobody really knew what UC would be studying at the level-4 biowarfare lab. It reminded us in Merced of where UC Merced is going to get its water.

What the proposed biowarfare lab will study will depend on the grants it gets. It will depend overwhelmingly on federal government priorities, which returns us in a dismal circle to the terrorists again. I wonder if there is any other way of getting the terrorists not to unleash deadly plagues upon our livestock, migrating ducks and ourselves other than importing them to the neighborhood to experiment on in another leaky UC weapons of mass destruction lab that would seem to be an attraction for freedom-hating terrorists. But it’s never so simple. Because, in addition to your freedom-hating terrorists, you’ve got those terrorists who just hate Americans because Americans killed their relatives. But that gets into the metaphysics of the imperial defense industry, distracting us from the evolutionary facts on the ground.

Looking at agribusiness from an environmental point of view puts us in mind of what happens to endangered species when they lose too much of their habitat.

Scientific advisory c ommittee to Badlands editorial board
----------------------

Notes:

1-24-07
Stockton Record
Pombo in talks to join Oregon-based lobbying firm...Hank Shaw

http://recordnet.com/apps/pbcs.dll/article?AID=/20070124/A_NEWS/701240320
The Washington insider paper Roll Call reported Tuesday: "The former House Resources chairman is in talks with Pac/West Communications, an Oregon-based PR and lobbying firm that has a roster of timber and energy clients." ...the company already has signed a deal with Pombo's former staff director, Steve Ding, to open a California office in Sacramento. Pombo, who, despite reports to the contrary, isn't rolling in dough, might very well need the added income - especially now that he'll probably keep his town house in Virginia.

1-31-07
Contra Costa Times
Nuclear security agency at risk...AP, MedialNews staff writer Ian Hoffman contributed to this story
http://www.contracostatimes.com/mld/cctimes/news/16586727.htm?template=contentModules/printstory.jsp
Fed-up lawmakers on a House oversight committee said Tuesday that they want to strip a federal nuclear-weapons agency of its security responsibilities, and they threatened to shut down Los Alamos National Laboratory, now under new managers from the Bay Area. The lawmakers criticized the lab for its most recent security breach, in which a contract worker walked out with more than 1,500 pages of classified documents. Rep. Joe Barton, R-Texas, said that if problems cannot be solved this time, he will ask that Los Alamos lab, the birthplace of the atomic bomb, be shut down. After more than 60 years of operation by the University of California, the lab now is run by former Lawrence Livermore lab director Michael Anastasio and a consortium led by UC and San Francisco-based Bechtel National. Barton, Dingell and others on the House Energy and Commerce Committee introduced a measure Tuesday to strip the National Nuclear Security Administration of its primary security responsibilities and turn them back to the Energy Department...expressed concerns that NNSA has not fixed Los Alamos security problems despite hundreds of millions of dollars spent on improvements. A new management team was installed at Los Alamos less than a year ago, in part to reverse years of security and safety problems. The embarrassing October incident involving the classified documents resulted in a shake-up in the agency that oversees the lab. Linton Brooks, already reprimanded for an earlier incident, resigned this month as NNSA chief. Tuesday's four-hour hearing, lawmakers asked repeatedly why the lab needs to exist and whether it simply has too much responsibility for too many secret materials. Deputy energy secretary Clay Sell said Los Alamos probably could not be replaced or duplicated...is the only place where plutonium fission cores for weapons can be made...much of what happens at Los Alamos is secret because the lab is responsible for the bulk of the strategic nuclear weapons stockpile. "It has been suggested that we shoot the dog," Sell responded. "I have to reject that suggestion.”

| »

Ol' Slippery John and the lawsuits

Submitted: Jan 19, 2007

Members of the Board of Supervisors said they weren't surprised by news of the pending lawsuit.

"You can't be surprised that this is what we're seeing," said board Chairman John Pedrozo. "That's why it was so important to get the indemnification, and that's why I voted against the certification (of the environmental reviews)."

Pedrozo and Supervisor Deidre Kelsey voted against approving the project and certifying its environmental reviews in December. The county's three other supervisors voted in favor of the project. – Merced Sun-Star, Jan. 17, 2007

On Tuesday, the Merced County Farm Bureau took the courageous step of filing notice of their intent to sue the county and Riverside Motorsports Park (RMP) for violations of the California Environmental Quality Act. On Thursday, the petition was filed along with petitions from other local citizen groups against the racetrack.

During the public hearing process on the RMP project, severely and illegally truncated as it was by the arrogant, corrupt Merced County Board of Supervisors, Farm Bureau Executive Director Diana Westmoreland Pedrozo and a number of Farm Bureau board members joined many members of the public to testify against the project for as long as they were permitted to speak (five minutes). They submitted extensive written comments. They spoke for longer periods at the town hall meetings sponsored by Supervisor Deidre Kelsey after the public hearing on the project had been closed by former Chairman of the Board of Supervisors, Mike Nelson. Like many, many other residents of Merced County, the Farm Bureau “exhausted its administrative remedy,” as the lawyers say.

So, now the Farm Bureau are suing the smug, arrogant, corrupt government of Merced County, dominated by Rep. Dennis Cardoza, D-Merced (since the new House Speaker took him to the river, he’s a reborn Democrat).

The Merced community needs to praise and support the Farm Bureau and other citizens groups for this stand. It is not easy for them. From the time before UC Merced was a “done deal,” the local Farm Bureau has been the target of finance, insurance and real estate special interests (FIRE) as well as the University of California and all local elected officials, because before that time, Merced had a strong commitment to agriculture. Special interests had to get in front of agriculture by trying to spin its largest representative organization, the Farm Bureau. These interests, working through elected officials, set up a host of committees, workshops, plans, programs all aimed at convincing Merced farmers and ranchers that UC Merced would not stimulate the largest agricultural land-eating housing boom the county had ever seen. The politicians even finally agreed to give the county the Williamson Act, which farmers and ranchers had been unable to get through the board of supervisors in two previous attempts over the last 35 years. Somehow, it was sold as “mitigation for UC.”

But that was just a little fib compared to the lies around the great land-deal boondoggle called UC Merced. The problem for Farm Bureau members has been that, as landowners and farmers and ranchers looking at the future of agriculture in Merced County, they have been the objects of most of the strongest special interest, political and economic pressures since the housing boom began.

The FIRE special interests are again lining up to thug around the Farm Bureau. Today the local paper published this interesting tidbit:

After the Merced County Farm Bureau announced plans to sue the county over its approval of the $230 million, 1,200-acre racetrack proposal, RMP CEO John Condren put out a call to arms.
In an e-mail message sent Wednesday afternoon to business heavies Steve Newvine, Julius Pekar, Doug Fluetsch, Robert Rodarte, Bob Carpenter and Bob Rucker, Condren wrote the following. We quote without editing:
"Good day to all -I am pleased to report that RMP has reached a settlement with the US Bureau of Prisons and is close to having a settlement with Foster Farms. Keep your fingers crossed on that one. To date, the Merced County Farm Bureau is the only legal challenge we face. Regarding the Merced County Farm Bureau, they have filed a Notice of Action against Merced County (referencing the RMP EIR) that gives them 10 days to file their actual lawsuit.
Countering this move, our very own Scott Reisdorfer has initiated a campaign to pressure the Farm Bureau to withdraw their lawsuit. Scott has made contact, and continues to make contact, with various farming and ag members and ag-based organizations that are proponents of RMP. All have agreed to inundate the Farm Bureau's offices with phone calls, fax and e-mails demanding that the Farm Bureau back-down.
If you can help with this campaign, please do so! Thanx - John Condren"

Agriculture, still by far the largest industry in the county, suffered a deflation in its value as an industry, while experiencing a tremendous inflation in land value for conversion to subdivisions during the UC Merced hoopla and real estate speculation boom.

Bob “Mr. UC Merced” Carpenter (Leap/Carpenter/Kemps Insurance), is the original, bona fide “Mr. UC Merced.” Bob Rucker, Rucker Construction, worked closely with the original bona fide Mr. UC Merced, when Rucker was chief of staff for state Sen. Dick Monteith, R-Modesto, one of the many political Mr. UC Merceds. Newvine is president and CEO of the Greater Merced Chamber of Commerce. Fluetsch, of Fluetsch/Busby Insurance, is president of the Merced Boosters. Robert Rodarte represents Citigroup here in town. According to its website, Citigroup is an international financial conglomerate with operations in consumer, corporate, and investment banking and insurance. Julius Pekar represents the Merced County Chamber of Commerce. Scott Reisdorfer seems to be a man involved somehow with auto racing in Fresno. He’s into things like “nostalgia drag racing.” It looks like he’s staff for Condren now.

One could ask, How much do these people want?

All of it, would be the answer.

This is the group dispatched by Condren to put pressure on the Farm Bureau board of directors to block the lawsuit. Despite the ridiculous hash the Sun-Star made of the story Thursday, the lawsuit was filed in a timely manner. Three other local groups filed another lawsuit on the same day. The Merced FIRE faction will leave the heckling and heavy whispering campaign to Don Bergman and others of his ilk, now below the new speculator economy scum line.

Appreciation for farming, the agricultural economy and natural resources has fallen as rapidly in Merced County as farm real estate values have appreciated. Depreciated as vital economic producers, farmers are now appreciated as owners of land, as long as they were willing to sell it. And, by the way, if they decide to keep it and continue to farm, they should keep their mouths shut, according to Condren’s finance, insurance and real estate claque and the chamber flaks.

All growth is good, according to Merced FIRE and their bought and sold politicians, the elected board of supervisors and the city councils in the county. Each time the supervisors have amended the county General Plan, which recognized agriculture as the most important industry in the county, more agricultural land was taken for real estate development. The Farm Bureau has joined early critics of the evolving slurbocracy and become more critical of the county’s de facto policy of amending the General Plan whenever a subdivision is proposed, to the point that it offers no guidance for “planning” at all! The Farm Bureau also has been the agricultural community’s most consistent public opponent of more lot splits on farm and ranch land.

Such is the toady local press that, after mangling a good story about courage and principle, it ends on two lies: that indemnification is good policy; and the Chairman of the Board John Pedrozo voted against the RMP project.

Indemnification was described in a Coalition Statement signed by 17 local, regional, and statewide organizations last spring:

Indemnification is the widespread, corrupt practice in which developers agree to pay for all legal costs arising from lawsuits that may be brought against their projects approved by the land-use authority -- city or county. Without having to answer to the public for the financial consequences of decisions made on behalf of special interests, local land-use authorities can be counted on to continue unimpeded their real policy: unmitigated sprawl, agricultural land and natural resource destruction, constant increases in utility rates, layering of school and transportation bonds on top of property taxes, and the steady erosion of the county's infrastructure.

Adopted 2006
San Joaquin Raptor/Wildlife Rescue Center
Protect Our Water
Central Valley Safe Environment Network
Merced River Valley Association
Planada Association
Le Grand Association
Communities for Land, Air & Water
Planada Community Development Co.
Central Valley Food & Farmland Coalition
Merced Group of Sierra Club
Citizens Committee to Complete the Refuge VernalPools.Org
California Native Plant Society
Stevinson Citizen’s Group
San Bruno Mountain Watch
San Joaquin Valley Chapter of Community Alliance with Family Farmers
Central Valley Safe Environment Network

Ol’ Slippery John likes indemnification because it shields the board from having to pay public funds for the legal consequences of its decisions. We can’t believe the supervisors themselves were ever bright enough to come up with the lipstick on this pig: that through indemnification the public actually benefits from projects destroying health, public safety, quality of life, agricultural land, natural resources and wildlife habitat.

If the political approach worked, if politicians like Ol' Slippery and his fellow supervisors actually listened to the public rather than the special interests, indemnification would be unnecessary. But, since the arrival of UC Merced and the Merced FIRE speculators, the entire local planning and land-use political faculty – city and county – has been captured by outside special interests. Lawsuits have been the only way the public could make any headway against special interest political pressure.

FIRE, the finance, insurance and real estate sector that controls the state government and its congressional delegation lock, stock and barrel,has found a way to make local elected officials comfortable: indemnification against any financial responsibility from lawsuits filed by citizens and organizations with legal standing to oppose environmentally ruinous land-use decisions.

Indemnification is one of those aspects of corruption that make for stupid county supervisors. Is Ol’ Slippery John stupid enough to believe that the public is going to swallow his story about voting against the RMP project just because he repeats nearly daily that he did? Or is something else going on?

If Pedrozo wanted to stop RMP, all he had to do was vote with Kelsey against the board motion to override the Castle Airport Land Use Commission’s designation of a 10,000-foot noise and safety zone around Castle airport. That motion required four yes votes to pass. If Pedrozo had voted with Kelsey against it, there would have been only three votes for the override, the project would have been stopped and there would be no lawsuits against it.

I spent the evening a year ago in a public hall in Livingston, arguing with Pedrozo about a completely illegal mile-long sewer line the county had allowed, if not permitted, to be built from the Livingston wastewater facility right through the middle of prime farmland. A 42-inch sewer trunk line tends to induce urban development.

It was quite an ugly party, unless you enjoy political pathology. Pedrozo stood before the townspeople, surrounded by county and city staff and officials, all of them lying in their teeth. The city officials and staff said they had legal authority to permit the pipeline, built entirely on county land. The county staff and Pedrozo denied any responsibility for the project.

The fix was in so deep, it was almost as if a band of angels had laid that 42-inch, mile-long pipeline through prime farmland in the middle of the night accompanied by a celestial choir.

Pedrozo shouted down the few people who objected to the illegal pipeline, suggesting they were outside agitators. All three of us lived closer to Livingston than most of the outside liars on the stage, including Slippery John.

The worst thing about Pedrozo is not even that he can’t tell the truth. The more we listen to Ol’ Slippery, the more we suspect he actually believes he did vote against the RMP project. And it is clear he sees absolutely no connection between his vote to approve the Castle airport override and the present lawsuits brought by the Merced County Farm Bureau and three community groups.

It’s one thing to deceive the public consciously. It is quite a different thing to deceive oneself. Contemplating Ol' Slippery's wiggling around indemnification and his crucial vote for RMP, we find ourselves at the borderline between the corrupt and the wacko.

| »


To manage site Login