Supreme Court Says Corporations Can Do No Wrong

A trio of decisions this summer from the Supreme Court makes it crystal clear: the judicial system offers nothing to workers or consumers and exists to only protect corporations.

Slate tracks the cases in this article, noting:

"Slowly but surely, the Supreme Court is giving corporate America a handbook on how to engage in misconduct. ... When you obliterate the very possibility of civil litigation, you are, by definition, helping big business screw over the little guy. But when you teach big business precisely how to screw over the little guy, and how to do it faster, cheaper, and without detection … well, that's not even an illusion of justice anymore. It's enabling."

The Court backed the rights of a company - any company - to bypass all due process in favor of arbitration (usually held in secret, in a forum where a company's arbitrator has total control). A worker or consumer must sign agreements offered by a company which holds that a worker or consumer has no legal rights to challenge a company. Ever.

The Court backed the bizarre claim that a company can set up a subsidiary PR firm yet never, ever can the parent company be held accountable for any false or illegal claim their PR firms make.

The Court also ruled that if a corporation insures that if decisions to discriminate are spread widely enough, employees have no rights to file class action suits.

In other words, shut up and be happy for whatever a corporation offers you. Their rights trump yours.

Meanwhile, a growing legal challenge is being made to totally reverse the "corporate personhood" status.

Independence Day 2011 and Beyond

This is a holiday I make sure to observe - I must, as I take most seriously the ideas spawned by the Declaration of Independence, which was adopted on July 4th 1776. (Sadly, a recent survey reveals a portion of the American public is deeply confused and unaware of what the document and the day signifies - though, it could be said the fundamental claims of humanity's self-determination and freedom is of significant size and scope as to overwhelm the minds of 1776 and those of today as well.) The survey's results reveal that "Only 58% of residents know that the United States declared its independence in 1776. 26% are unsure, and 16% mentioned another date."


It was and it is a Revolutionary Document.

The claims it makes are as challenging to the status quo today as they were when it was issued. The second sentence, considered as the opening of the Preamble, marks a unique moment in human history - it claims and expresses a powerful idea, that no one person has rights greater than another, but that each of every person has not only rights but that this fact is indisputable to the point it does not require any proof from those who claim it. It's beyond bold - it is inspiring and will continue to be for the rest of human history.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness."

It was clear to me when I read that as a young boy there were unintended realities here, since the men who signed the Declaration had slaves, and that they considered women as having less rights - but the truth claimed by that sentence provided rights to every human born, and that truth is as powerful today as it was then.

No king or queen, no landowner, no religious leader, no master, no one is born above or below one another, and that idea continues to shake the foundations of society today.

Thomas Jefferson, who wrote much of that document, said in a letter in 1825 that the document " ... was intended to be an expression of the American mind."

The document also contains a basic reality about government too - that it exists as an agreement between the governed and the government, and that the governed have the right to create and remake government as they see fit. And it's that reality, that we create the social systems which we deem as the best guardians and protectors of our basic, individual rights, which we are constantly reviewing and reconsidering and places authority in our hands, not in the hands of others who can never be questioned or challenged. And also, it is worth noting that the claim of rights isn't really limited to simply Life, Liberty and the Pursuit of Happiness, but that there are other rights too, which we, as free men and women, will and can claim with absolute certainty. Even today, some 235 years after this document was presented, humans struggle still to claim just those three basic rights.

Yet, still, our Declaration has altered the world which we live in, and when we understand the ideas expressed, we become better - for it provides not just for ourselves, but for all humans, now and in the numberless years of life ahead for all. It remains a document which can educate and enlighten us all.

So I hope you, dear readers, pause to consider the vast ideas in our claims of Independence and share them and celebrate them and even explore what those ideas mean.

Happy Independence Day!

Camera Obscura: Barbie Van Gogh, Dracula Dolls , Frankenstein Redux, and 'Plot Device'

Time to dig through the Pop Culture Trash Pile. (A word of warning - most of the names of the famous folk, both real and fictional, which follow are about people long born before 1998, so relevance is limited and I don't care 'cause I am an Ancient Creature born in the last century.)

1st Find - Marketing wizards of the Barbie-doll Empire turn to the world of Art for their inspirations with the release of a series of "collectibles", featuring the Mona Lisa Barbie. My favorite is the "Van Gogh Barbie" - which, really, should be a Ken doll, with one ear, a beard, and be wearing ratty clothes. Instead, this doll is just a generic glam doll wearing a dress that looks like a mangled "Starry Night" canvas. A Picasso Barbie would be fun to see - and should have a face that looks like this.

2nd Find - Director Francis Ford Coppola is headed to the San Diego Comic-Con in July with his newest movie, "Twixt", which he describes as "one part Gothic romance, one part personal film, and one part the kind of horror film that began my career". Starring Val Kilmer and Bruce Dern, it remains to be seen if it dredges up memories of Coppola's "Dementia 13" or the horror known as "Godfather Part Three". (Maybe we can convince Coppola to produce a George Romero version of "Night of the Living Dead Barbie Dolls."

3rd Find - Speaking of dolls and monsters, I was far more interested in the report that a new series of "collectibles" (don't say dolls!) in homage to the Hammer horror films set for release. We get Peter Cushing, Christopher Lee and Ingrid Pitt. Nerd Swoon!





4th Find - So, Frankenstein returns. This latest incarnation features actor Haley Joel Osment as one Victor Franklin, who seeks to reanimate the dead, in a film version of the graphic novel "Wake the Dead" and is being produced by former Guns 'n Roses guitarist Slash.

And if you are up early Saturday morning (or very late Friday) check out the broadcast on Turner Classic Movies of "Frankenstein Created Woman" starring Peter Cushing and one-time Playboy playmate Susan Denberg. While Susan plays several roles here in this bizarre sci-f reinvention, her voice was dubbed by another uncredited actress. Lots of background on the movie here.

TCM is also playing a rather sad Boris Karloff movie called "Frankenstein 1970", which was made in the 1950s and never makes clear why the year 1970 was part of the title. I suggest instead the rather fascinating "Dracula A.D. 1972" with Cushing and Lee once again facing off in the modern go-go dancing world of 1972.

5th Find - While reading about the oddity of singer Lou Reed's musical salute to Edgar Allan Poe, titled "The Raven" from 2003, I discovered a new movie about Poe is headed to the big screen next year starring actor John Cusack as Poe in a movie called "The Raven". The story follows Poe's last days as he trails a serial killer who mimics Poe's stories. It's being directed by James McTeigue, who made "Ninja Assassin" and "V For Vendetta".

6th Find - Something from this year and this week - a short film rips into the tired tropes of filmmaking and storytelling in "Plot Device". Enjoy!

Plot Device from Red Giant on Vimeo.

Wrecking the Economy For Fun and Profit

Are politicians really gambling on national and global economic collapse?

Sure seems that way, given the Republican House Majority Leader Eric Cantor stormed out of negotiations with Democrats over debt reduction and tax discussions, which stalled the whole compromise plan. But he's also investing $15,000 against U.S. government bonds. If there is another economic crash because of failed budget talks, he'll make large profits.

"Unless an agreement can be reached, the U.S. could begin defaulting on its debt payments on Aug. 2. If that happens and Cantor is still invested in the fund, the value of his holdings would skyrocket.

“If the debt ceiling isn’t raised, investors would start fleeing U.S. Treasuries,” said Matt Koppenheffer, who writes for the investment website the Motley Fool. “Yields would rise, prices would fall, and the Proshares ETF should do very well. It would spike.”

Cantor’s office claims the investment is simply part of a balanced portfolio. I have no evidence to the contrary. It’s hardly a stretch, though, to suggest prominent officials should avoid these kinds of conflicts of interest."

Who will not profit from these games? Just the American public. Oh, and Republicans have been constantly campaigning for re-election by claiming the Democrats and President Obama haven't helped the economy rebound after it was driven into the ditch by greedy, gambling speculators and lousy economic policies.

I have no problem if a politician wants to make a gamble on the issues of policy - except when the goal is wrecking our economy. As Steve Benen writes in an earlier post, rating agencies like Moody's and the S&P, have clearly stated the trouble is just weeks away:

"There’s a certain beauty to the GOP’s clinical insanity: they’re eager to impress rating agencies, so they’re pursuing a strategy that would aggravate rating agencies.

Also keep in mind, Moody’s Investors Service — another one of the agencies (GOP Senator) McConnell wants to impress — has said the nation’s AAA U.S. credit rating is at risk of being downgraded by mid-July, long before the deadline, if it looks like failure is even a possibility. In other words, the United States would suffer if it looks like the country might miss a payment on its debt obligations, and since Republicans refuse to even consider reducing the debt with a penny of additional revenue, it’s getting increasingly difficult to see how this game of chicken ends anytime soon."

Tennessee Media FAIL - Bogus Claims in "Pork" Report

It is most likely that Tennesseans will read or hear a report today from their newspapers and TV stations which will claim hundreds of millions of tax dollars being wasted by Tennessee government, but is any of it true or are local news folks just pushing a press release without checking any of the claims it presents? (Hint: the answer is: yes.)

The self-proclaimed "non-partisan think tank", the Tennessee Center for Policy Research, tends to be mostly partisan, and is rather low on the thinking scale too. Still today they are pushing (and news outlets are reprinting) a dubious report called "pork report" which it really is not. Pork-barrel spending is a phrase coined to describe government spending which aims to benefit the residents of specific districts, which it is hoped will encourage re-election.

But no such resident benefit really applies to the TCPR claims. They offer instead what they call government waste - but is it?

One claim in the report is a "waste" of tax funds ($14.5 million) for the Tennessee Solar Institute which will spend the funds on "innovative project grants". Businesses get limited assistance to pay for solar power installations, which saves them money on the costs of powering their business. That will lead to less demand on power companies, and also spurs the spread of solar power - from which Tennessee is particularly primed to receive enormous benefit. How enormous? Since the Hemlock company is investing about $2 billion dollars in Clarksville, TN to build panel components, that's pretty large - it means hundreds of jobs, establishes Tennessee in the alternative energy market, and can you name another single company investing anywhere near $2 billion dollars in the state's manufacturing arena?

Another item berated in the "report" are funds for development of switchgrass into bio-fuel, and the report says: "The government should not be in the business of subsidizing flailing industries like switchgrass-to-ethanol with taxpayers’ money."

Ah yes, save those tax funds for subsidizing .... maybe oil companies?

Much of this "report" rather curiously hammers away at alternative energy development.

Another item cited was for disbursement of Federal funds for a weatherization program for homes for low income residents. The state got $99 million and the "report" cites one contractor who received $3,600 for work which the contractor did not actually do. Was that "wasteful" spending or a contractor engaging in fraud? Are they facing punishment for that? The "report" does not say.

News outlets in Tennessee will spread a poorly written attack on government, the news outlets won't really investigate any of the claims in the report, and viewers will see government as villain.

'Hot Coffee' Shatters Myths of Judicial System

HBO aired the documentary "Hot Coffee" last night, which takes aim at the myths of tort reform, 'frivolous lawsuits', mandatory arbitration clauses and the multi-million dollar battles to manipulates courts and voters.

Filmmaker Susan Saladoff was formerly an attorney and this is her first film and she makes sure it packs a powerful punch. She starts with the myths surrounding the "hot coffee" case where a 79-year-old woman's effort to be compensated for horrendous physical damages from a spilled cup of McDonald's coffee. She has been touted as the poster child of a frivolous lawsuit - but the facts of her near-crippling wounds demolish the myths most Americans believe to be the facts of the case.

Also featured is the brutal attack on a KBR employee in Iraq, Jamie Leigh Jones, whose savage rape by fellow employees was deemed safe from prosecution due to a mandatory arbitration clause in her employment contract - the case led to a change in federal laws, but she is still attempting to find justice as her case finally hit the courts on June 12th of this year.

I've written previously about Jones' tragic attack and the dubious constitutional legalities of 'mandatory arbitration'.

Money and the rising primacy of corporations above individuals are detailed in 'Hot Coffee' in ways likely to make a viewer's head explode.

Of course, those whose tactics are under attack from the film cry and moan that it is soooo unfair.

They are furious - because having a 'fair review' of your complaint is considered a fundamental American right.

So perhaps the question which should be best considered is simple - how can it be legal for a company to demand that as part of your employment, or as part of your decision to buy a product, you must waive your right to due process in court?

The movie also highlights the state-by-state attack on laws to protect consumers and hold companies accountable, and when those laws were upheld, a state-by-state attack to install judges who would favor business above the rights of the individual. And of course, this maze of mirrors has been sold to the general public as 'reform'.

'Why Is There Cheese Coming Out of Your Pants?'

(image via)

Let me slide the curtain back a wee bit on the Real Daily Life of Your Humble Narrator (that's me). For the last few weeks, I've been tackling several theatrical projects, as I do most every summer.

For many years now, I have most fortunate to work as an acting teacher for children, usually 3rd to 9th graders, for classes offered via Walters State Community College and for the local arts center in Morristown, the Rose Center. Also, I am working again as director for the annual Rose Center Summer Players production - this year, my fourth in the program, we are working on a production of Rudyard Kipling's "Just So Stories." That show opens the last weekend of July and will be held at Rose Center, and I'll be posting/promoting about this show more in the days and weeks ahead.

The downside for any readers here, however, is that such tasks often mean much less time to post here. My apologies for my absences - it takes a quality and quantity of time to create posts and such time has been difficult to obtain, as my mind has been consumed with so many lesson plans, students, scripts and much more. Still I wanted to share a few things from the last few weeks which I found hilarious fun.

In my classes we explore lots of acting styles and techniques and the kids do lots and lots of improv exercises to draw out ideas and I say with no reservations whatsoever that the kids create some truly funny (and sometimes serious) moments on the stage.As I am always nerdishly committed to acting, I've known for some time that I surely must appear to the kids as one strange and eccentric adult. So be it. Hopefully, all the goofiness I help create also includes educational aspects, but also, it's just fun for all of us.

One improv scene we work on is the Interrogation. Two students take the stage, one is a detective and the other a suspect (and there are other variations too) . The aim is to only speak in questions, and it gets insanely hard and funny. At one point this past week, a student had been told he was a "pie thief" who is accused of stealing cakes, pies, donuts, etc. As the student was being questioned about where he was, and his alibi's and such, the detective suddenly turned and pointedly asked "Why is there cheese coming out of your pants?!??!"

That line pretty much stopped the class as we all just laughed like a room of, well, kids. I have no idea where the idea for the question came from, but it surely brought us all to tears laughing.

There were several other funny scenes in the last few weeks too, in which students worked to perform as some kind of character - either one from a book, script, tv show, movie, real life, or one they invent themselves - and do a short monologue as that character. That always brings out memorable moments.

For example, one young boy performed as a CIA agent who was working undercover at a Bass Pro shop as salesman, another young girl acted as if she were a totally confused host on the Today show who had lost her script, was late to the set, and keep asking if was time for a commercial. "It's time to take a break for a commercial .... isn't it?" she asked looking at imaginary cameras and putting her finger to her ear as if she had a earphone connected to the control booth. "can we ... is it ... it's not? .... Ha- ha, just a moment folks ...we.... NOW we have ... we don't have? Ha-ha .... ummmm.... are we still on?"

Another young girl, skin all pale white, with fiery red hair, takes the stage, whips as scarf around her like a shawl and does a spot-on impersonation of actor Tyler Perry as "Madea". A few years back, a boy did a stunning 8 minute routine imitating Bill Cosby from his stand-up movie "Bill Cosby:Himself". It was a flawless impersonation. He did the scene where Cosby was talking about the chaos surround bath-time at his home, and his performance was just amazing - especially when you think that there is no script he could have memorized - he had just seen that video so many times he knew every line, every pause, every inflection - and when he was done, he calmly walked back to his seat as if nothing at all had happened.

And for this year's Rose Center show, most of cast are taking on multiple roles as they create all the wild animals from Kipling's stories - camels, elephants, snakes, horses, monkeys, and many more. In these shows, the actors also (with much parental help) create the costumes too. So many days are ahead of puzzling out how a horse walks, how an elephant uses his trunk, how to make costumes that might need to convert from a giraffe into a kangaroo. They work very hard and while I will always make time to write (either here or working to create other new stage shows) the gifts that these kids are willing to share I truly appreciate and learn from as well.

Working in the performing arts does not resolve world problems, won't reduce the national debt or stop global warming or any such 'real world' issues. Still, the growing imaginations and creativity I have been lucky enough to witness always reminds me to never underestimate what we are all capable of, if we just allow for a time and a space for creativity to flourish. It's a wonderful way to spend the summer.

'We're Smarter Than Ever These Days!' - Miss USA Contestants Ponder Evolution

"We're smarter than ever these days so, I mean, why not teach everything and let people make their own decisions?"
- Kaylin Reque, 22, Miss Georgia

Let's ask players in a beauty contest if "evolution should be taught in schools" -- 'cause they represent ... um ... something .... which might or could or may be knowledgeing informationisms.

Morristown Coal Gasification Plant On A Very Fast Track

A recent reader asked me to be more clear about my thoughts on story from last week about the sudden announcement that a new company called Freedom Energy Diesel will locate in one of Morristown's industrial parks - the post is here and the commenter asked:

"So, what are you saying, Joe? For or against?
On the one hand, I - too - can understand everyone's concerns about no further information being available about the company. However, on the other hand, everything new starts some where. And, when figures such as - 1 million gallons of water and X amount of trucks using our local highways...are released to the 'general' public...we are not going to see that in perspective as to "that's the way business of this type is done." But, we are going to have a huge 'knee jerk' reaction because of the large numbers.
Having just discovered your blog, and being impressed with your being a local and the adequate amount of research shown in your backstory - I may not be discernable about what you are trying to say?
Are you preaching for - or against?"

I offered a somewhat lengthy response, but the short answer is that I am neither for or against, and how could I be as I am absolutely full of questions about this enormous industrial proposal. (And yes, that does in fact mean that once I ask any questions, some officials in town will label me as some cruel hater of development and jobs, and that opinion is without a doubt a load of horseshit and a sure sign some details are being intentionally withheld by The Powers That Be. And being reduced to respond to if I am "for" or "against" the project is sugar-coating and denies my right to know how my government works, and how my tax dollars are spent, so I expect my local damnation will be the line being "preached".)

And I'm very concerned the city of Morristown is moving fast while critical unknowns cloud the project, which I mentioned in my previous post, that 113 tractor trailer trucks a day will be leaving the facility traveling on Highway 25-E and Interstate 81, that the plant needs a million gallons of water a day, but will reclaim much of that by building 3 retention ponds which will hold some 900,000 gallons of water, and that there has simply been no public discussion yet about this new start up company and their plans - plenty of private meets, yes, but zero public ones.

All this happens within days after elected and appointed officials in Cumberland County demanded more information about the project and the folks from Freedom Energy Diesel immediately abandoned their plan to locate there and locate in Morristown instead. FED's CEO Bernie Rice told the Cumberland Co. folks that Morristown was "already nailed down." So rather than answer questions, the company went to Morristown, for the fast, non-questioning approach.

And the city is wasting no time in pushing the project into place. A June 12th Citizen Tribune article called the project a "miracle" - and two days later the Morristown Regional Planning Commission voted to annex 3 tracts of land for the company and to expand the existing rail lines for the plant which needs 100 rail cars of coal every other day - well, only some of that Commission approved it - the chair of the Commission, Jim Beelart was not at the meeting, the newly elected Mayor, Danny Thomas, was not at the meeting, and city councilman Bob Garrett was not at the meeting, and MRPC member Ken Smith was not at the meeting either.

The city's engineer, Jeff Branham, says fast action is "necessary" so the Georgia-based company can meet their deadline of delivering diesel fuel made via a coal gasification project in August of 2012 - that means working fast to excavate 1.2 million cubic feet of soil, construct a 570,000 square-foot building and extend the rail line before the company can ship its product. Tennessee Department of Environment and Conservation officials began inspecting the site on Tuesday, but no word yet if the Tennessee Dept of Transportation has seen any plans or will just rubber stamp a project Rice claims already has the approval of Governor Haslam.

Speedy work continues - even as the city of Morristown is under some very expensive fines and very harshly worded critical rulings from Federal Judge J. Ronnie Greer for "malfeasance" involving millions of dollars over the enormous problems with the sewer system near that industrial park, in the Witt community. His recent judicial order, as covered on the blog Noe4Accountability, reveals a city in a deep financial hole and working hard to hide their many problems with money and with the state and with the sewer and water in that part of town -- here's just a sample of his anger on how Morristown has been doing business:

"...the efforts the City had to undertake “to get its financial house in order” were a result of its own malfeasance. The State Comptroller’s Office required the City to meet certain conditions before the City was allowed to incur any new debt as a result of an illegal transfer and other issues found in an audit of the City’s finances. The Comptroller’s Office made this clear to the defendant on May 21, 2010, just 10 days after this Court’s hearing where the City represented to the Court that the rehabilitation of the line could be completed by June 30, 2011. The fact that the City could not incur new debt was reiterated to the City on June 21, 2010. Thus, it took time to satisfy the conditions, which delayed the SRF loan, and which delayed the rehabilitation of the line.

It is clear from the record that the City was aware as early as May 21, 2010, that it could not receive the funding to rehabilitate the line. However, the City did not inform this Court of the problems in receiving the funding necessary to rehabilitate the line. In the months thereafter, the City never communicated any difficulty in receiving funding to this Court. It never communicated to this Court that it could not meet the schedule it represented to the Court at the May 11, 2010 hearing. This failure is inexcusable. The City knew that its proposed schedule could not be met and that problems with the Witt sewer line would persist until the line could be fully rehabilitated. Evidence shows that overflows have continued, endangering the environment and human health. Such a failure to inform this Court cannot be ignored. For these reasons, the oral motion to reconsider the decision regarding the issuance of civil penalties is DENIED."

You can read his full opinion here.

City residents have been slammed with year after year of price increases to expand and update the city's aging water and sewer systems -- and this new industrial plant will be a huge new burden on that system.

I do sympathize that new companies, new businesses and new technologies get asked lots of questions. From my own experience, I know the kinds of grilling people ask of you when you propose a project of just a few thousand dollars - and hundreds of millions are at stake here, but there seem to be few questions from the city.

But despite the city's immense problems with their own financial operations, their sewer and water problems, their track record for leaving the public in the dark when it comes to plans for development, I heartily agree that alternative fuels must be a priority locally and nationally - but burning coal isn't a new idea. And I rather wish our community had leaders like those in the Cumberland County area which dared to ask this new, unknown and untested company some tough questions, as noted in another story about the move to Morristown in the Crossville Chronicle:

"Well, obviously I hate that we lost the opportunity for jobs coming here ... We will continue to look further to bring companies and jobs into that park. ... I hope it's a success in Morristown because it could be the groundwork for more plants in the future," Cumberland County Mayor Carey said.

"We appreciated the hospitality of the Chamber and mayor and the professionalism of the staff in Crossville. Our decision was nothing against Crossville," William Daniels, Corporate Operating Officer of Freedom Energy Diesel said.

The Plateau Partnership Park is a joint project of Cumberland, Morgan and Roane counties that was started in 2007 to bring economic development to the tri-county area.

"The jury was out with me on the project. I felt like we didn't have enough information on the technology or the company for me to support the project, but I wish Morristown and Hamblen County the best. If it wasn't a new start-up, capital venture and had a proven track record, it would have been worth it, but at this point I was not sold on the project. I had concerns and did not feel comfortable with how it was presented," Roane County Executive Ron Woody said.

"I think that the company (Freedom Energy Diesel) had a much faster pace in mind than what the Plateau Partnership Park board thought," Mayor Carey said.

According to the Citizen Tribune, construction on the new facility in Morristown is expected to begin as soon as possible and plant operations are to begin by November 2012.

Although officials in Cumberland County were told by Freedom Energy Diesel's CEO Bernie Rice the plant would bring a minimum of 150 jobs to the area at the start, the plans for the plant in Morristown state the facility will bring approximately 450 jobs at the start of operation and add 150 more in future expansions.

"I think there was some miscommunication with the state on the paperwork and that 150 jobs was multiplied by 3 shifts for a lot more jobs than what we originally thought," Mayor Carey said.

The location announcement was made by Eric Staton, Chief Science Officer with Freedom Energy Diesel. The plant will be located on land purchased by Freedom Energy Diesel in the East Tennessee Progress Center near Interstate 81.

The plant will use an optimized coal gasification process co-developed by D4 Capital Holdings, LLC., Battelle Memorial Institute and Dynawave Inc.

The process, which is promoted by Freedom Energy Diesel to be the latest in technology and superior to current models in production, uses plasma technology to create extremely high temperatures which turn solid materials to gas, allowing the elements to be captured and turned into new compounds with relatively little loss of energy.

When Roane County Executive Ron Woody questioned the technology of the coal gasification process and its pollutants during the meeting in Cumberland County, Daniels likened it as to comparing the technology of a rotary telephone to an iPhone.

"This is new technology that is the latest and best," he said. "You can't compare it."

Morgan County Executive Don Edwards cautioned the Industrial Development Board at the Cumberland County meeting with Freedom Energy Diesel saying, "I think you need to make sure before you step into something that you know what you are getting into."


Some background info on coal gasification for synthetic fuels:

Australia recently began doing it via underground operations.

China has been doing it too, at a cost of about $50 per barrel of fuel, though they note that the underground process may be a far more efficient technology than above-ground plants.

Source Watch report on other nations using coal to diesel production and their results, including a report that burning synthetic coal fuel in vehicles creates twice as much carbon emissions than gasoline burning vehicles.

Class Action Lawsuit Filed Over Erwin Nuclear Plant and Cancer Rates

Via Tri-Cities.com:

"Attorneys from three states filed a class action lawsuit today against Erwin's Nuclear Fuel Services.

Law firms from Greeneville, New York and Rhode Island claim emissions from NFS are to blame for high rates of cancer.

Attorneys are fighting for their clients to get compensation for personal injury and property damage.

“No one wants to face the truth here and the truth is, I have highly enriched uranium on my property and I am 21 river miles downstream,” says Park Overall who’s one of the main advocates of the lawsuit against Nuclear Fuel Services. “I began to hear about all this cancer here, and we started to look into it. These chemicals and radioactive isotopes are related to particular cancers that we have too much of in the area.”

Overall says Monday's filing of the class action lawsuit is the biggest step so far for the Erwin Citizens Awareness Network (ECAN). ECAN is a group that’s researched NFS’s emissions dating back to 1954.

“The paperwork tells the true story, the lack of public regard for health and safety,” explains Overall. “How much was spilled. how much went in the air.”

Attorney John Rogers is with the Greeneville firm who agreed to take on this case, and Monday he filed the 40 page suit with the Federal Courthouse in Greeneville.

“[We} filed in United States District Court seeking compensatory and punitive damages for those personal injuries and also property damages.”

He says there's proof that NFS's chemicals have caused harm to it's neighbors.

“You don't have to go very far away from the nuclear facility itself to run smack dab into the pattern of significant cancers that greatly exceed the national average,” says Rogers. “There are about 20 cancers that science can trace to exposure to materials such as those being emitted into the environment.” Those radioactive materials linked to cancer he says are like those manufactured at companies like NFS.

Right now, there are about 20 names on this class action law suit.

Once attorneys review more medical records and backgrounds, the number of people suing NFS has the potential to reach the hundreds.

NFS issued this statement on the lawsuit.

"Although the company can not respond to the specific allegations. We take our environmental health and safety obligations seriously and we routinely monitor the work place and our employees to ensure we maintain a safe work place. We also monitor our emissions and the surrounding environment to ensure our operations are not adversely impacting the environment. NFS firmly believes that it's operations have not harmed anyone in the community and the company will vigorously defend itself against any lawsuit alleging otherwise."

New Coal Gasification Plant Abandons Cumberland Site, Lands In Morristown Days Later

Just a few short days ago, plans to build a massive $400 million-plus plant geared for coal gasification was being hailed in Cumberland, Roane and Morgan counties. The company, a relative newcomer called Freedom Energy Diesel, was promising jobs for some 150 people. But something happened - the project was apparently rejected, and now only days later, the plant is to built in an industrial plant in Morristown, hailed as a "miracle" by the city's Industrial Board chairman, and will offer 600 jobs.

After public notice of the Cumberland project was published in the local press, a public meeting was held to discuss some key issues, such as the value of the 100-plus acres of land the counties would donate to the company, and that both elected officials and residents were concerned that the massive amounts of coal which would be needed, the massive amounts of water needed and the fact that other infrastructure needs - roads and rail access - did not exist. Ron Woody, Roane County Executive said he had not been able to find much information about the company and was eager to here more from them.

That meeting - reported in the Knoxville News Sentinel - was May 27.

A few days later, a June 2nd article in the Crossville Chronicle quoted Freedom Energy Diesel CEO Bernie Rice on the project:

"He further said the fuel is already sold and the majority of it would be used in the Knoxville, Nashville, Chattanooga region of Tennessee.

The company was recently organized and Rice could not reveal who the principal investors in the company were, other than saying they were technology-based.

(Chief Operating officer William) Daniels said the "stealth" of the project was part of the plan and thanked Crossville-Cumberland County Chamber of Commerce Director Beth Alexander; Gary Human, jobs development specialist with the state of Tennessee economic and community development; and Cumberland County Mayor Kenneth Carey for keeping quiet about the project."

On June 12th, the Morristown newspaper announced that a deal had been made over the weekend for FED to build their plant in Morristown, hiring some 450 employees to begin and then add another 150 jobs by the time the facility is completed. (The local paper has a paywall for archived articles, so I can't link to it, but I did copy some of the info from that story which I'll include below.)

FED says their operations will take in tons and tons of coal daily and convert it to a synthetic fuel which will be turned into diesel fuel. The process requires about one million gallons of water every day, though they say they reclaim much of that and will keep about 900,000 gallons of water on site in retention ponds. The company goes on to claim the process produces very little air pollution, but is mum on what materials might be released. Typically, such plants created much more carbon dioxide than traditional oil refineries. And I've seen no information on any other type of releases into the soil or water mentioned.

Certainly, new energy technologies are urgently needed.

But, there are many questions that should be answered. FED says their work will create an enormous amount of traffic on local roads and rail - for example, 100 rail cars loaded with coal are required every other day for the plant's operations, and every day some 113 tractor trailers will exit the facility, loaded with diesel fuel, and onto Highway 25-E and Interstate 81.

No mention is made in the Morristown paper of the sale or cost of the land FED wants, but does add that other 'infrastructure needs" (road and rail) will come from state grants and that FED will be applying for other grants from TVA.

As I said, urgent need for new energy tech concerns us all. But it is rather odd to me that I saw no notice of any public notices about this new facility (perhaps they will come later) and hopefully the Tennessee Department of Transportation speak publicly about the massive increase in tractor trailer traffic on already heavily traveled roadways.

I wonder too - why did the counties in Middle Tennessee drop their plans, and how much dealing was done to land the project in a new location in just a few short days?

Some excerpts from the Morristown newspaper article:

"Freedom Energy Diesel – in conjunction with the city of Morristown, Hamblen County and the state of Tennessee – announced this weekend the company has agreed to create a first-of-it’s-kind coal gasification facility in East Tennessee.

Construction is expected to begin as soon as possible and plant operations are to begin by November 2012.

The closed-loop facility – which represents a $405 million investment – will employ about 450 people in the first phase and then add another 150 jobs about 18 months later, according to sources.

"This is a miracle for Morristown," said R. Jack Fishman, chairman of the Morristown Industrial Board. "It’s a prayer answered."

At full capacity, the plant – which will cost around $405 million to construct, including equipment – will send out 113 tractor trailers of diesel fuel a day, require 100 rail cars of coal every other day and will be in production six days a week.

Training for all future plants will be conducted at the Morristown facility as well. The plant – on 115-plus acres – will be a total of 570,000 square feet with 25,000 of that dedicated to office space. Construction on the plant will begin immediately and the company plans on beginning deliveries of diesel fuel to its customers in the 3rd quarter of 2012.

The D4 process will use a million gallons of water per day but recycle 900,000 gallons kept on a trio of retention ponds on the property

The citizens group, SOCM, sent out information prior the public meeting in Cumberand County and included some of their concerns:


Plateau Partnership Park is a joint project of the three counties to encourage and develop economic development. As an incentive to attract industry development, the Industrial Development Board will consider giving away significant acreage to Freedom Energy Diesel. Please tell the Industrial Development Board that business development is very important to the area, but not at the expense of our health and environment.

Coal liquefaction has traditionally been a more expensive form of energy production (compared to natural gas and oil), but as oil prices increase, other forms of energy production such as coal liquefaction and fracking are being analyzed more closely. The coal liquefaction process involves first converting coal to gas and then into a synthetic fuel. Liquid coal requires huge amounts of both coal and energy.

Carbon dioxide production, limited utility infrastructure, and large amounts of water needed for this form of energy production are some of the major concerns that policy makers will need to address."

SEE LATEST UPDATE HERE

Everything You Know Is Wrong ... Or Maybe It Is Right - But Can You Even Tell the Difference?

In most any day, readers across the Internet encounter some story, some report, some stunning claim which - for once and all - utterly proves that you were absolutely right about some idea you've had. Except maybe instead, what you read instead proves utterly you were absolutely wrong. Which will you decide is accurate and which is false?

Writer David McRaney says your decision has little to do with truth and more to do with what you think and believe even before you encounter something that might prove your ideas true or false. What is certain is that all across the media, the Internet, inside those tales stuffed into those endlessly forwarded emails from outraged friends and relatives, the ideas we earnestly believe grip our brains like a tropical fever which may never be cured.

His essay, The Backfire Effect on his blog You Are Not So Smart, has some very provocative ideas on this topic, highlighted by a deceptively simple thesis:

"The Misconception: When your beliefs are challenged with facts, you alter your opinions and incorporate the new information into your thinking.

The Truth: When your deepest convictions are challenged by contradictory evidence, your beliefs get stronger."

---

"In 2006, Brendan Nyhan and Jason Reifler at The University of Michigan and Georgia State University created fake newspaper articles about polarizing political issues. The articles were written in a way which would confirm a widespread misconception about certain ideas in American politics. As soon as a person read a fake article, researchers then handed over a true article which corrected the first. For instance, one article suggested the United States found weapons of mass destruction in Iraq. The next said the U.S. never found them, which was the truth. Those opposed to the war or who had strong liberal leanings tended to disagree with the original article and accept the second. Those who supported the war and leaned more toward the conservative camp tended to agree with the first article and strongly disagree with the second. These reactions shouldn’t surprise you. What should give you pause though is how conservatives felt about the correction. After reading that there were no WMDs, they reported being even more certain than before there actually were WMDs and their original beliefs were correct."

---

"Geoffrey Munro at the University of California and Peter Ditto at Kent State University concocted a series of fake scientific studies in 1997. One set of studies said homosexuality was probably a mental illness. The other set suggested homosexuality was normal and natural. They then separated subjects into two groups; one group said they believed homosexuality was a mental illness and one did not. Each group then read the fake studies full of pretend facts and figures suggesting their worldview was wrong. On either side of the issue, after reading studies which did not support their beliefs, most people didn’t report an epiphany, a realization they’ve been wrong all these years. Instead, they said the issue was something science couldn’t understand. When asked about other topics later on, like spanking or astrology, these same people said they no longer trusted research to determine the truth. Rather than shed their belief and face facts, they rejected science altogether."

Read the full essay here. But will you think it has factual value or will you see it merely as yet another example of the utter lies which fill the world and seek to destroy you?

Sara Palin's Emails And Shakespeare

Macbeth - Act 5, Scene 5

Life's but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more: it is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.


"Palin was governor for 966 days, before ending her term abruptly. As of Friday, msnbc.com's request for public records was pending for 997 days.

At $725.97 for the latest set of documents, that price is a bargain, only 3 cents a page for the photocopying, compared with the state's first cost estimate of $15 million for search and copying costs during the 2008 campaign, when officials were flustered by the burst of attention focused on their governor." (Via)

"We're told that there are about 25,700 e-mails, with an unknown number of pages. That's not exactly what any of the news organizations asked for, as explained below, but it's what the governor's office says it will consider releasing.

They include these e-mails: anything sent to or from the governor or her husband, Todd Palin (either from their government or private Yahoo accounts) to the government accounts of 53 people: the governor, her husband, and 51 key state employees, including current and former top aides, gas pipeline commission members and members of her Cabinet.

The state says it plans to release some, and withhold some, of the e-mails it has collected, following the exemptions allowed in the public records law. (Via)

"Sarah Palin is not so much a political institution in America as a spectator sport. Ever since she burst, or crashed, on to the national scene as John McCain's presidential running mate three years ago, she has been the irresistible car wreck the country cannot help but ogle -- the polarising, gaffe-prone, attention-seeking gift that just keeps on giving. .....

"If the email leaks do anything, they are likely to act as a reinforcement to the widespread perception, even among her supporters, that there is something unseemly and excessively visible about her public persona. Joshua Green, who wrote a long and fascinating profile of her for the June issue of the Atlantic magazine, likened her reputation in Alaska these days to that of an ex-spouse from a stormy marriage. "She's a distant bad memory," he wrote, "and questions about her seem vaguely unwelcome." It may be that the rest of the country -- other than the media, who can't wait for her next stumble -- is tiring of her also. (Via)

Palin Mangles History, Laughs and Hijinks Ensue

Though I am reluctant to offer any more mention of the Endless Publicity Machine which toils on behalf of half-term Governor Quitter, aka, The Palinator, aka The Deluded Alaskan, aka Sarah Palin, her recent bizarro world account of the 'ride of Paul Revere' has prompted a revision of Revere's legend via the Atlantic Monthly and it is mighty funny.

Written by Jeffery Goldberg, it's a spot-on satire of the Huckster from Wasilla.

LISTEN, my children, and you shall hear
Of the early evening ride of Paul Revere,
On the twentieth, or twenty-first, of May, or possibly June, in Seventy-six, or maybe Seventy-seven;
Hardly a man is now alive
Who refudiates that famous day and year.
He said to his friend, while ringing those bells, 'We must see the French a-coming
By land or sea or some other way, maybe by air, from the town to-night,
And tell our British friends, and our British enemies,
And warn them of bears, the big majestic polar bears, that lurk amid the French a-strumming
Their mandolins, and other French instruments, that make a patriot so squirmish.
Shoot a flare up at Lexington and Concord,
Those fabled towns of New Hampshire and Vermont
Where General Lee made his valiant stands;.
And no one will take that flare gun away from me,
Not from my cold, dead hands.
Of that church, you know the one, with the name, whatever it's called, up in the tower as a signal light,--
One, if by land, and two, if by air;
And I on the opposite shore will be, in a very large bus;
That is painted so patriotically;
And I will ride my white steed so fair.
Then I will ride a Harley, that I was pulling on a trailer behind the bus, and spread the alarm,
Man, I love the smell of that emissions
That smell is freedom, carried by horse,
Through every Middlesex village and farm,
Not horse emissions, chopper emissions.
But horse emissions are very patriotic.
And I will warn the British that the British are coming.
Which should confuse them very much.

Then he said, 'Good-night!' and with shotgun in hand
Silently rowed to the Charlestown shore, that Last Frontier,
We were rowing because the outboard motor didn't work, thanks to the EPA;
Just as the sun rose over the Mighty Mississippi,
Where swinging wide at her moorings lay
The Somerset, British man-of-war;
Which sounds a little gay;
A phantom ship, part of our hollowed-out Democrat Navy
Across the moon like a prison bar, where we should lock up all the French,
And a huge black hulk, that was magnified, by Fox,
And by its own reflection in the tide, not the detergent, but the water that comes in from the sea in waves, I'm not sure how exactly.

Internet Access A Basic Human Right?

Access to the Internet is a basic human right - so says a report to the U.N. focused on the "promotion and protection of the right to freedom of opinion and expression".

While noting that for many people in the world, access to electricity is still a prohibitive issue, the report makes bold claims about the fundamental changes which Internet access has sparked worldwide and what changes are yet to take place -

"... the Internet is one of the most powerful instruments of the 21st century for increasing transparency in the conduct of the powerful, access to information, and for facilitating active citizen participation in building democratic societies.

Indeed, the recent wave of demonstrations in countries across the Middle East and North African region has shown the key role that the Internet can play in mobilizing the population to call for justice, equality, accountability and better respect for human rights."

An LA Times article adds:

"La Rue describes the Internet as "revolutionary" and unlike any other communication medium such as radio, television or printed publications, which are "based on one-way transmission of information."

The Internet, on the other hand, is an "interactive medium" that allows not only for the sharing of information, but also "collaboration in the creation of content," which makes people "no longer passive recipients, but also active publishers of information."

As such, the Internet can be a tool of empowerment and aid in the protection of and access to other human rights -- as well as contributing to growth economically, socially and politically -- benefiting mankind as a whole."

We are still far too inexperienced to say just what this type of global and personal expression and creation can provide. But we are absolutely in the early moments of a revolution in how the world communicates. Protecting and nourishing this technology and the freedom it offers is a monumental task.

But is Internet Access a basic human right?

Get Tenessee Political News via Out of The Blue

I've been looking for a good opportunity to feature the daily newsletter from editor Trace Sharp (aka Newscoma), Out of The Blue, which started a few weeks back and today's edition is a prime example of why you should sign up to receive this must-read. Out of the Blue is the brainchild of Mike McWherter and you can sign up for their Daily Buzz and get a wide range of political news and views right here.

Selections from today:

• Robert Houk of the Johnson City Press writes that the gutting of collective bargaining does nothing to improve education. "The attack on collective bargaining has nothing to do with bettering education in Tennessee. It's simply a display of raw, naked power on the part of GOP leaders who are ticked off at the TEA. Now that Republicans are firmly in control of both the legislative and executive branches of Tennessee government, it's time for political payback." LINK

• A letter to the editor in the Tennessean asks state government "what is next for us little people." LINK

• The caps on the Hope Scholarship will come with a price for some students. Jennifer Brooks writes: "The move will offset the cost of the new summer scholarships, but it's bad news for any juniors who double-majored or switched their majors and suddenly find that the rules have changed on them without warning." LINK

• Tennessee is ranked 49th in female political participation. LINK

• Andy Sherr has a list of budget cuts that will go into effect next month. "There will be fewer people protecting Tennessee's groundwater, patrolling its roads or taking care of its most vulnerable people in the budget year that starts July 1." LINK

Thomas Jefferson Dance Party On Saturday

The dancing will commence at noon Saturday around the nation to promote ... well, I'm not sure what is being promoted, other than the freedom to dance inside the dome of the Jefferson Memorial in Washington.

I mentioned this earlier, how dancing at the Jefferson Memorial is not exactly legal ... or illegal, really, unless your dancing is meant to convey your convictions or beliefs in something. (The post details the recent arrests and legal issues being challenged)

So tomorrow, high noon, the dancing will commence - not just in Washington, but in most every state (and perhaps even globally), the dancing will take place. As of this hour, some 3000 people say they'll dance at the Memorial.

Here's the Tennessee Dance Party page on Facebook, and the page for the Memphis Party too.

Will you join in?

Republicans Playing Dangerous Games With Economy - Again

Economic turmoil games return/continue. Thanks so much.

"Late yesterday afternoon, Republicans brought a “clean” debt ceiling bill to the House floor for the express purpose of watching it fail. The point was to let a right-wing caucus thump its chest, telling the White House that the hostage strategy — give GOP lawmakers sweeping cuts or they’ll cause a recession on purpose — is still on.

"But the White House already knew that, making yesterday’s little charade the latest in a series of pathetic displays. When the dust settled, the final vote was 97 to 318, with 7 Dems voting “present,” and 9 members not voting at all. Every Republican voted against their own bill, as was predetermined when it was introduced.

"The GOP leadership is well aware of the dangers in stunts like these, so they “scheduled the vote for after the stock market’s close, and in the preceding days called Wall Street executives to assure them that the vote was just for show.”

"It’s all just a big game, which happens to put the global economy at risk. Few seem to believe Republicans would deliberately cause a catastrophe — basic American patriotism should prevent anyone from crushing the country’s economy on purpose — though the “the joke” itself may prove dangerous. As Ezra Klein recently explained, “The danger in this is that as the rhetoric ramps up, the market may not realize this is all just more of Washington’s fun and games. Brinksmanship runs the risk of misjudging what is the last minute, or the maximum amount of uncertainty, that the market will accept before it reevaluates the American government’s capacity to pay its debts back in a timely and smooth way.”

"The question becomes one of whether investors believe Republicans are crazy or really crazy. Yesterday, the GOP’s message was, “We’re pretending to be the latter, but don’t worry, we’re really the former.” The moment the financial industry stops believing that line, there’s cause for genuine alarm."

Via the Washington Monthly

Morristown Documentary Goes Online and Interactive

"Morristown: In The Air and Sun", a documentary on migration of industrial capital and the arrival of immigrant labor in the town of Morristown by award-winner Anne Lewis is now online in a unique multimedia format which makes it very easy to explore. It's called Going South, Coming North: Migration and Union Organizing in Morristown, Tennessee.

First released in 2007, the documentary tracks not just changes in industrial development, but also the often perceptions of local officials and residents in Tennessee, the rugged traveling life of migrant workers and the social impact on all involved. It's a fascinating, on-the-ground perspective which becomes even more amazing as we see the efforts of migrant workers to organize and protect their rights at the workplace.

Created by Lewis and Fran Ansley with the University of Tennessee, this new web page on the Southern Spaces web journal, offers the story of the film in smaller sections of videos and facts, some newly updated, and makes it very easy to navigate and explore the film. I highly recommend you visit the site.

"After years of working on Morristown and walking with the movements that it traces, we remain convinced that labor rights and immigrants’ rights are mutually dependent and inextricably intertwined. Campaigns and organizations that integrate both kinds of claims create spaces where workers can learn from each other and identify shared interests.44 However, serious obstacles to building class solidarity across divides of race and nation remain. Exclusionary whiteness runs deep, as does an exclusionary kind of Americanism. Anti-immigrant backlash is alive and well around the United States, and that backlash can be found among working class people and union members as among other segments of the population. But as Morristown documents, there are also working class southerners, both black and white, who can and do respond differently to immigration and to the question of immigrants’ rights, workers who express solidarity and see a basis for common ground. Shirley Reinhardt suggested something like this when she spoke with us before the Koch Foods election about what a victory would mean:

You’re saying to all the others from Mexico, they don’t have to treat you worse than anybody else. You can organize. That’s exactly what you’re saying. Not only are you saying that to the people from Mexico but you’re saying that to the people of Hamblen County, too.

Don't Dance With The Stars At The Jefferson Memorial?

In fact, don't dance at all at the Jefferson Memorial in Washington, DC, as it will likely lead to your arrest, as it did yesterday. Dance as a form of protest is a growing trend, however.

Courts and media have been reporting on the dancing at the Jefferson Memorial dating back to 2008, when some folks were arrested for dancing at the site late one evening. A lawsuit brought by one dancer was rejected in mid-May of this year by the D.C. Circuit Court, in Oberwetter v. Hilliard, because current law has something very specific to offer about public performance and demonstrations at that particular location. (video of the April 2008 dancing is here)

The inside of the dome at the Memorial is designated a non-public forum, which means no protests or demonstrations of any kind are allowed. And one does not always need a permit to protest at the nation's capital, groups of 25 or less are allowed to express opinions with no permit. But see, the rules currently in place, as I said, designate the interior of the Jefferson Memorial dome as a non-public forum - except of course when folks are allowed to use it as just that for an annual Easter service or to kick-off the Cherry Blossom Festival.

But the dancing is surely an organized protest - since a website called Thomas Jefferson Dance Party is geared at promoting a very specific kind of protest at a very specific place.

Oh, America, can't we just dance?

No, apparently.

-- Dancing to protest about union status at a Target store (dancers are designated 'liberals"!! oh no!)

-- Students dance to protest college cost increases

-- Dance-Ins are planned for Apple computer stores next weekend

-- a Google timeline of dancing and protesting (looks to me like both are on the rise)

Can you shake yer groove thing in America just because you want to?