Rhode Island Supreme Court reverses lead paint verdict

Posted by Michael Stebbins on July 4th at 5:42 am

By Celeste Monforton at the Pump Handle

The State of Rhode Island’s efforts, which began in 1999, to force lead-paint manufacturers to clean-up contaminated homes received a mortal blow when the State’s Supreme Court reversed a lower court’s 2006 decision. (Full decision from 7/1/2008) This early ruling was a result of the longest civil jury trial in Rhode Island history, with the decision going against the defendants Sherwin-Williams, NL Industries, and Millennium Holdings, holding them liable for creating a public nuisance by selling lead-based paint.

The R.I. Supreme Court said:

“We do not mean to minimize the severity of the harm that thousands of children in Rhode Island have suffered as a result of lead poisoning. Our hearts go out to those children whose lives forever have been changed by the poisonous presence of lead. But, however grave the problem…public nuisance law simply does not provide a remedy for this harm.”

This tells me that we need some better laws so that we can hold peddlers of dangerous products accountable for their actions. As David Rosner and Jerry Markowitz masterfully document in their paper “Cater to the Children” and their book Deceit and Denial, the lead industry knew by the 1930’s the adverse health consequences that would be caused by their actions, but they didn’t care and greed won out. The R.I. Supreme Court’s decision gives a free pass to the lead industry’s despicable behavior.

The R.I. Supreme Court also tried to hide behind the popular “judicial restraint” philosophy, going so far as quoting from U.S. Supreme Court Justice John Roberts’ pre-confirmation questionnaire:

“judges must be constantly aware that their role, while important, is limited. They do not have a commission to solve society’s problems, as they see them, but simply to decide cases before them according to the rule of law.” (emphasis added)

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Barbara Boxer on Managing James Inhofe and the Frame that Turned John Warner into a Climate Advocate

Posted by Michael Stebbins on July 4th at 5:34 am

By our friends at Framing Science

Barbara Boxer appeared on Bill Moyers last week, providing fresh insight into her relationship with James Inhofe as well as the strategic appeal that turned GOP Senator John Warner into a climate change advocate.

In describing her reaction to Inhofe’s theatrics during Al Gore’s testimony earlier this year, here’s what she had to say (full transcript of the interview):

BARBARA BOXER: I was a little stunned because here I had taken the gavel after a tough, you know, election season. We came in. We got power finally, albeit very small margin. But I was the chairman of the committee now. And Jim Inhofe, we work pretty well together, given our ideological differences. But he kept trying to run the hearings. And I kept saying to myself at some point I’m going to have to show him that I am the chairman of the committee.

(Cut to actual transcript from Gore’s testimony)BARBARA BOXER:Would you agree to let the Vice President answer your questions? And then, if you want an extra few minutes at the end, I’m happy to give it to you. But we’re not going to get anywhere –

SEN. JAMES INHOFE: Why don’t we do this? Why don’t we do this? At the end, you can have as much time as you want to answer all the questions.

BARBARA BOXER: No, that isn’t the rule of — you’re not making the rules. You used to when you did this. You don’t do this anymore. Elections have consequences.

BARBARA BOXER: What I meant is that times have changed now. And the Democrats are in charge. And this committee, what it means is that the environment is back, front and center.

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Voters Care About Science!

Posted by Michael Stebbins on July 3rd at 8:23 am

By Michael Stebbins. Originally published at Science Progress

Despite all the activities of pro-science groups such as Scientists and Engineers for America and ScienceDebate2008, most candidates for office have not put forward comprehensive science and technology policy platforms. Of course, many of us science nerds have been making the argument that S&T is at least peripherally important to just about every major issue the nation is facing, and therefore should be addressed by candidates for elected office. But we have been fighting a losing battle against the cynical perception shared by many campaigns that candidates’ positions on S&T issues do not win votes. As it turns out, they are wrong.

Scientists and Engineers for America just released the results of a poll of over 1,000 Americans on how likely they would be to support candidates based upon their positions on key science and technology issues. SEA anticipated a positive reaction to the questions, but was stunned by the overwhelmingly affirmative response. Eighty-six percent of those polled, for example, say they would be more likely to vote for a candidate who is committed to preparing students with the skills they need for the 21st Century through public investments in science and technology education.

Similarly, 84 percent said they would be more likely to support a candidate who is committed to reducing the cost and improving the quality of healthcare through public investments in science and technology. And 52 percent indicated they would be much more likely to support candidates who expressed that science and technology is a priority for them.

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Today’s Science Policy News for July, 3rd 2008

Posted by Michael Stebbins on July 3rd at 8:05 am

A look at today’s science and health policy news:

Poll: US taxpayers want more funding for scientific research

ArsTechnica- SEA has released a new poll showing that American voters favored candidates that would support stronger science education and research.

14 Science Questions the Next President Should Answer

Wired- 14 questions by SEA, Science Debate 2008, and many other science organizations for the 2008 presidential candidates.

Bush Makes Final Push for Global Climate Deal

Washington Post- In his final months in office, President Bush is mounting a last-ditch effort to forge a new global deal to limit greenhouse-gas emissions but finds himself once again at odds with much of the rest of the world on how to address climate change

Bush urges Americans to get Congress to allow drilling

The Hill- President Bush said Wednesday that Americans should contact Congress and tell their elected representatives to open up a part of the Alaskan wilderness and the area off the country’s coast to oil exploration.

Partisan fixes for health care will not heal the problems

Seattle P.I.- Health care reform has been dominated for 80 years by two equal and opposing forces: single payer vs. marketplace, but we know the public will support neither of those two polarized alternatives.

Aviation Week Explores McCain’s and Obama’s Aerospace and Aviation Plans

redOrbit- This week’s Aviation Week explores the aerospace policies of McCain and Obama.

McCain + Obama = a valid energy plan

USA Today- If you roll McCain’s and Obama’s proposals together, though, they add up to a credible energy plan.

Stop requiring ethanol production

L.A. Times- With the price of corn soaring, it’s clear that the ethanol mandate is bad economic policy and bad energy policy.

O.C. congressman takes a stand against threatening asteroids

L.A. Times- Rep. Dana Rohrbacher issues a statement on near-Earth objects on the 100th anniversary of the Tunguska event.

Congress may hit dry hole over oil speculators

Reuters- U.S. lawmakers have introduced a spate of bills to rein in market speculators blamed for pushing up crude oil prices, but time is running out and the White House is far apart from Congress on the issue.

Civil Rights Groups Sue Over Government’s Cell-Phone Tracking

Information Week- The groups also want to know the number of times the government has sought cell-phone location information without court permission and how many times it has obtained the information.

Technology changes our relationship with both business, government

Seattle Times- Not so long ago, employers had no easy way to tell their workforce about bills or proposed policy changes that could dramatically impact their company or industry. Nor were employees much interested in hearing such messages. Times have changed.

Extinction risks vastly underestimated: study

AFP- Some endangered species may face an extinction risk that is up to a hundred times greater than previously thought, according to a study released Wednesday.

Former state science director sues over intelligent design e-mail

Dallas Morning News- A former state science curriculum director filed suit against the Texas Education Agency and Education Commissioner Robert Scott, alleging she was illegally fired for forwarding an e-mail about a lecture that was critical of the teaching of intelligent design in science classes.

U.N. report: Clean energy booming globally

CNet- Global investment in sustainable energy amounted to $148 billion in 2007, a 60 percent gain over 2006, according to a UN Report Tuesday.

Energy Star for servers may be ready by year-end, EPA says

ITWorld- The EPA says it will be ready to release the first Energy Star rating for servers by the end of the year.

Kicking the habit: Headlong rush to oil shale won’t end energy woes

Salt Lake Tribune- A junkie gets desperate when his junk runs out. He’s got to have more, and he’ll do just about anything in order to keep feeding his habit. America is like that about oil. As our supply from foreign sources gets more expensive and rumors float around that those dealers are running out, we’re panicking, ready to trade our natural resources, even the future of the planet, for one more hit.

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SEA Poll: Voters Care About Science!

Posted by Michael Stebbins on July 2nd at 11:03 am

Today Scientists and Engineers for America released the results of their national poll on public support for candidates who value science and the results are striking. See the full polling results here.

Eighty-six percent of voters say they would be more likely to vote for a candidate who is committed to preparing students with the skills they need for the 21st Century through public investments in science and technology education.

Eighty-four percent of voters say they would be more likely to support a candidate who is committed to reducing the cost and improving the quality of healthcare through public investments in science and technology.

Roughly half of voters (52 percent) say they would be much more likely to support candidates who expressed these priorities.

Nearly eight in ten voters (78 percent) say they would be more likely to vote for a candidate who is committed to meet the demand for energy through public investments in science and technology and 70 percent say they would be more likely to support a candidate who is committed to addressing global climate change through investments in science and technology. A third of voters express intensity for candidates who take these positions (32 percent and 33 percent much more likely respectively).

Additionally, seven in ten voters (71 percent) say they would be more likely to vote for a candidate who is committed to making sure the federal budget invests in scientific research, with 29 percent expressing intensity.

Washington needs to wake up and recognize that the voters care about these issues. Ask your candidates today how they feel about science. Just visit the Innovation 2008 website to get started.

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Get the SEA Widget For Your Website.

Posted by Bernie on July 2nd at 8:50 am

Find your candidates,
ask where they stand.

Brought to you by Scientists & Engineers for America

Have a blog or website? Add our widget, and let people search for their candidates directly from your site. Don’t forget to ask your candidates our 7 questions on science!

I’ll be making more of them over the next week, so if you want a specific size, I will customize one just for you, just email me at bernard[dot]yu[at]sefora[dot]org.

Make your own: Know web design? You can make your own widgets, as well. Below is the basic code for the form:

Don’t forget to include our logo somewhere in the widget to tell everyone you support SEA

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OMB Shutting Out EPA on CO2 Regulation

Posted by Michael Stebbins on July 2nd at 8:50 am

By Matt Madia at OMBWatch

The U.S. Environmental Protection Agency is close to finalizing its Advanced Notice of Proposed Rulemaking (ANPRM) on greenhouse gas emission regulation. The ANPRM is an indication that EPA may someday consider taking a look at possibly addressing global warming through some sort of undefined future action…perhaps.

Even still, the White House Office of Management and Budget (OMB) is all over the document like stink on a monkey.

The Wall Street Journal has gotten a sneak peak at the document and reports on it this morning: “The draft document…outlines how the government, under the Clean Air Act, could regulate greenhouse gas

emissions…”

The Journal goes on to identify OMB’s likes and dislikes:

The White House’s Office of Management and Budget has asked the EPA to delete section of the document that say such emissions endanger public welfare, say how those gases could be regulated, and show an analysis of the cost of regulating greenhouse gases in the U.S. and other countries.

The OMB instead wants the document to show that the Clean Air Act is flawed …

The ANPRM is currently still under review at OMB’s Office of Information and Regulatory Affairs. Insiders believe it may be published later this week, but it will probably reflect the views of OMB, not EPA.

In 2007, EPA promised — in response to a Supreme Court decision mandating it consider greenhouse gas regulation under the Clean Air Act— to actually take action greenhouse gas emissions through a notice of proposed rulemaking. But in March, EPA announced instead that it would pursue the ANPRM.

At the time, there was no proof of White House interference. However, recent reports show that OMB blocked EPA’s proposal. As The New York Times reported last week, OMB went so far as to refuse to open an email containing EPA’s proposal.

EPA and White House officials maintain that Johnson made the ultimate decision to punt on greenhouse gas regulation, but the evidence indicates otherwise. As we’ve seen with the California waiver decision

and the revision to the national standard for smog, Johnson is merely a puppet for the White House.

OMB is calling the shots on seemingly every major environmental policy decision; it is running roughshod over agency scientists, ignoring the plain language of federal law, and disregarding court orders.

Jason Burnett, an associate administrator for EPA, recently resigned in frustration. The Washington Post reports on his sad yet accurate assessment:

Burnett refused to comment on the White House calls but said in an interview, “In early December, I sent an e-mail with the formal finding that action must be taken to address the risk of climate change,” adding that he resigned his political appointment because the agency had been stymied in its efforts to respond to the Supreme Court. “The White House made it clear they did not want to address the ramifications of that finding and have decided to leave the challenge to the next administration. Some [at the White House] thought that EPA had mistakenly concluded that climate change endangers the public. It was no mistake.”

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Today’s Science Policy News for July, 2nd 2008

Posted by Michael Stebbins on July 2nd at 8:17 am

A look at today’s science and health policy news:

Fermilab Cancels Layoffs

Science–Fermilab is canceling all impending involuntary layoffs, After President Bush signed a $186 billion bill to fund the war in Iraq that also provides money to Fermilab, the United States’s only dedicated particle physics lab.

McCain’s energy record is on/off

L.A. Times– Senator John McCain has swerved from one position to another over the years, taking often contradictory stances on the government’s role in energy policy.

Obama Voters Protest His Switch on Telecom Immunity

N.Y. Times–Senator Barack Obama’s decision to support legislation granting legal immunity to telecommunications companies that cooperated with the Bush administration’s program of wiretapping without warrants has led to an intense backlash among some of his most ardent supporters.

Black Lawmakers Seek Restrictions on Menthol Cigarettes

N.Y. Times–The Congressional Black Caucus is calling for changes to a House tobacco-regulation bill, demanding that the legislation place restrictions on menthol cigarettes, the type heavily favored by African-American smokers.

Automakers say fuel-efficiency targets, timing are too tough

Reuters–The world’s biggest auto companies told the U.S. government Tuesday that its leading proposal to boost annual fuel-efficiency targets through the middle of the next decade is too aggressive.

For Hospice, A Higher Authority

Washington Post–Twenty-five years after Medicare began paying for hospice care, the federal health program has issued a new rule calling hospice providers to closer account on the quality of care they offer.

Nuclear Agency Weighs Attack Threat at Plants

N.Y. Times–The NRC has been dragged by a federal appeals court into a rare public discussion of the risks that terrorists could attack a nuclear plant.

Possible Flaws in State Plan to Rescue the Everglades

N.Y. Times–Florida’s proposed purchase of nearly 300 square miles of land for Everglades restoration moved forward this week when water managers who would oversee the property endorsed the state’s $1.75 billion offer.

Georgia Judge Cites Carbon Dioxide in Denying Coal Plant Permit

N.Y. Times–A judge in Georgia has thrown out an air pollution permit for a new coal-fired power plant because the permit did not set limits on carbon dioxide emissions.

Deal Is Struck in Montana to Preserve Forest Areas

N.Y. Times–A huge patchwork of privately owned forest in northwest Montana will be permanently protected from development by two private conservation groups, the Nature Conservancy and the Trust for Public Land.

Can the US get Beyond Einstein?

New Scientist–Unrealistic cost estimates could make an ambitious NASA space mission to study dark energy no better than ground-based projects, experts warn.

Science Education

N.Y. Times–Letter to the editor from Ellen Futter, the president of the American Museum of Natural History.

Not Winning the War on Drugs

N.Y. Times–Editorial on the war on drugs.

E-Vote: Generation Y Engages Politically With Web 2.0

Government Technology–Based on a survey of more than 2,200 Generation Y and baby boomer respondents in America’s top 10 cities, the report shows that 73 percent of Ys plan to vote in the November presidential election.

Message to U.S. Preceded Nuclear Declaration by North Korea

Washington Post–Just before delivering its long-awaited declaration on its plutonium-based nuclear programs, Pyongyang privately acknowledged the United States’ long-standing concerns about alleged uranium-enrichment activities and possible proliferation to Syria.

Groups Sue U.S. for Data On Tracking By Cellphone

Washington Post–Two civil liberties groups filed a lawsuit against the U.S. government yesterday, seeking records related to the government’s use of cellphones as tracking devices.

Energy experts puzzled over oil prices

A.P.–As crude soared to a new record, the head of the International Energy Agency declared that the world was in the grip of an “oil shock.”

Myriad Genetics Stops Work on Alzheimer’s Drug

N.Y. Times–A drug under development by Myriad Genetics to treat Alzheimer’s disease failed in a closely watched late-stage clinical trial.

Squid, Lobster Numbers Rise as Fish Fall Due to Warming

National Geographic News– Lobsters, crabs, squid, and other invertebrates are becoming more common while populations of bottom-feeding fish are plummeting, according to a long-term trawling study of Rhode Island’s Narragansett Bay.
and a bit of science…

Earth’s Core, Magnetic Field Changing Fast, Study Says

National Geographic News– Rapid changes in the churning movement of Earth’s liquid outer core are weakening the magnetic field in some regions of the planet’s surface, a new study says.

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Success: President Signs Bill Providing Additional Science Funding

Posted by Michael Stebbins on July 2nd at 3:02 am

By Richard Jones at AIP

Two notable successes occurred yesterday. President Bush signed the supplemental appropriations bill providing $337.5 million in additional science funding for this year. Later in the day, the Department of Energy and National Science Foundation announced that the U.S. contribution to the Large Hadron Collider was complete (to be covered in a forthcoming FYI.).

It has been about six months since President George Bush signed the FY 2008 Consolidated Appropriations Bill that provided considerably less money for the DOE Office of Science and National Science Foundation than anticipated. Yesterday the President signed a supplemental appropriations bill that included additional current year funding for the National Science Foundation, Department of Energy Office of Science, NASA, and the National Institutes of Health.

After months-long negotiations on Capitol Hill, and between Congress and the White House, all sides came to an agreement about the make-up of a $162 billion war supplemental funding bill. Of this, almost $3.6 billion is for non war funding. The House leadership and the White House agreed on additional current year science funding to be distributed as follows: DOE Office of Science - $62.5 million, National Science Foundation - $62.5 million, NASA - $62.5 million, and National Institutes of Health - $150 million. See FYI #68 for the language specifying how this money is to be spent.

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Beryllium: Science or Public Relations?

Posted by Michael Stebbins on July 2nd at 2:53 am

By David Michaels at the Pump Handle

Did Brush Wellman, the world’s largest producer of beryllium products, hire Hill and Knowlton, the public relations giant behind Big Tobacco’s campaign to fool the public about the hazards of smoking, to help Brush refute reports of beryllium’s toxicity? Brush says no, but we have the smoking guns — memos and invoices — that say otherwise. Keep reading for the details.

Beryllium is a remarkable metal. It is stiffer than steel, lighter than aluminum, and causes lung disease at incredibly low levels of exposure. And it causes cancer in humans. This lightweight metal is has long been employed in nuclear and defense operations, and is now being used is bicycle frames and other consumer products. There is no evidence of a safe exposure level. The question that needs to be asked is whether beryllium should be banned in non-defense applications.

There is a national discussion underway right now on the hazards of beryllium. The National Academy of Sciences will soon issue a report, requested by the Air Force, on protecting Defense Department personnel exposed to beryllium. The EPA has announced that it is revising its beryllium risk assessment document and is holding a meeting in July for public input into the process. And OSHA is moving at a glacial pace to replace the current outdated workplace exposure standard (it is sixty years old and even the beryllium industry acknowledges it is inadequate), although no one pretends anymore that this administration will actually issue a new standard.

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