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While Austin City Council continues to move forward with an ordinance to transfer governing authority of Austin Energy from our elected City Council to an unelected board, Austin democracy is being attacked at in the state legislature as well.  Senate bill 410, sponsored by Senator Kirk Watson and Representative Paul Workman, would allow the city to establish an unelected board without a charter election, as our city charter calls for.

The issue of who should govern Austin Energy is important, but it’s also local in nature.  There is no need for state to amend Austin’s charter.  That is a right reserved for the citizens of Austin.  If the changes proposed by City Council are truly in the best interest of our city, that case should be made to the voters and decided upon at the ballot box. 

To have a state representative who doesn’t even live in Austin carrying a bill to change our charter is unacceptable.

The Austin City Charter was adopted by the people of Austin and the people of Austin approved a governance structure for Austin Energy that is accountable to the people through elections.

An unelected board won’t be directly accountable to the ratepayers and wouldn’t necessarily represent our values.  As we debate this issue in Austin the unelected board at San Antonio’s CPS Energy is slashing the rate customers with solar installations will receive for their energy in half without first consulting the public or the solar industry.  Austin Energy customers could be facing similar changes if we don’t act now to protect our rights.

SB 410 has passed the Senate and will be heard by the House Committee on State Affairs tomorrow.

Please consider attending the hearing and speaking against SB 410.

What: Hearing on SB 410 to change Austin’s charter to move Austin Energy governance to an undemocratic board without a vote by the citizens of Austin, as our charter requires.

When: 1:00pm on Wednesday, May 1

Where: John H. Reagan (JHR) building, room 140 – 105 W. 15th St., Austin, TX, 78701

Why: Because Austin Energy’s governance structure will impact decisions going forward, including on renewable energy and energy efficiency programs and rates.  This is the decision that will determine how other decisions are made.

You can register against the bill at the kiosks outside of room 140.  Even if you don’t wish to speak, registering against the bill would be helpful.  We hope you’ll consider saying a few words about the value of local democracy though.  Speakers will be limited to 3 minutes each.

SB 410 is anti-democratic and is one more example of the state government trying to interfere with Austin’s internal policies and governance.

We need your help to stop this bill.

Public opposition to SB 410 at Wednesday’s hearing may be the only thing that can ensure that our Austin representatives don’t let this bad bill move forward.

Please email Kaiba White at kwhite (at) citizen.org if you can attend the hearing at 1:00pm on Wednesday.

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Hundreds of residents living near the Port of Houston attended a Town Hall meeting Thursday evening at Holland Middle School to learn about the changes coming to their communities with the expansion of the Port.

Residents filled the Holland Middle School auditorium to hear the preliminary results of neighborhood surveys and to share their concerns with local officials.

Residents filled the Holland Middle School auditorium to hear the preliminary results of neighborhood surveys and to share their concerns with local officials.

“For far too long, the voices of community members living with the health and safety impacts of the Port of Houston have been ignored in the decision making about the Port’s economic growth, routing of hazardous and heavy truck traffic, strategic positioning of pollution control devices, and disposal of hazardous wastes. The Healthy Port Communities Coalition was created in response to this void.” said Hillary Corgey, originally from the Houston area and representing Public Citizen at the meeting, “We seek to provide information and to give a voice to portside communities that have historically been left out of this decision making process as they organize to make their communities safer and healthier for all who live there.”

Preliminary results of Port Side Community Survey Released
The Coalition is currently conducting surveys in port-side communities to determine the full extent of port impacts on residents of these communities and to raise awareness about their causes. The preliminary results of this ongoing survey were discussed at the town hall.  Some notable early results include:

  • Port side community residents concerned about pollution from industries and port operations along the ship channel.
  • 61% concerned about ships and cargo equipment pollution.
  • 67% concerned about train and rail yard pollution.
  • 86% concerned about refinery and chemical plant pollution.
  • 82% concerned about 18 wheeler/truck pollution.
    • 89% concerned about local pollutions’ effects on their health and 54% of respondents do not have health insurance.
    • Cancer rates in these communities are more than 8 times the Texas average.
    • Children have twice the rate of asthma in these communities than other Texans.

The only good news, if you can call it that, while 54% of the respondents do not have health insurance, nearly 80% reported they have had a routine exam in the last two years.  What we don’t know is if this is high because of higher rates of disease.  Residents may have characterized more frequent trips to the doctor, the emergency room, or another clinic as “a routine” exam.

  • The survey also identified the need for job opportunities and job training.
  • 42% of households have an unemployed resident.
  • 81% said there is a need for job training.
  • 69% said there is not sufficient work in their area.

During the town hall, Patricia Gonzales, a mother of three from Pasadena and member of the Texas Organizing Project, spoke up saying, “All of my children have asthma, and after moving to Pasadena, I too have asthma.  We need to know what impact these changes will have on our health.”

“The Coalition is here to help port-side community residents speak with a unified voice on issues that affect their health and well-being,” said Adrian Shelley, Executive Director of Coalition member Air Alliance Houston. “These communities have borne the burden of Houston’s intense industrial development.”

Also attending the Town Hall meeting to listen to and address residents’ concerns were Bob Allen, the Director of Harris County Pollution Control Services Department, Marcus Woodring, Managing Director of Health Safety Security and Environment at the Port of Houston, Jerry Peruchini, chief of staff of Houston City Councilman Ed Gonzales, Edna Campos with Councilmember Melissa Noriega’s office, Rhonda Sauter of the Mayor’s Citizens Assistance Office, State Representative Mary Ann Perez, Linda Jamail with State Representative Ana Hernandez-Luna’s office, Marisol Rodriguez from Senator Sylvia Garcia’s office, and Myriam Saldivar from State Representative Armando Walle’s office.

“We recognize our constituents living near the port of Houston/ship channel area have to contend with issues not common to the rest of Houston and want to thank these residents for taking the time to make them known to us.  The survey will be helpful as we try to address the impacts of the port and its expansion on these communities; that’s why I’ve urged the Port Authority’s Chair to create a Community Advisory Board: said State Senator Sylvia R Garcia. “Such an advisory board would provide continuing communication and dialogue between the community and the Port’s leadership on this and other issues that impact all the Ship Channel area communities.”

The attendees were divided into groups to begin outlining the concerns of port community residents.

“We want to know what’s going on around us and how it will affect our everyday lives,” concluded Gonzales. “This town hall meeting is an opportunity for us to begin that conversation.”

“One of the recommendations posed to the residents living near the ports was to ask for community representation on the Port of Houston Authority Commission,” said Debbie Allen, a resident of Pleasantville and member of the Pleasantville Environmental Coalition. “While my neighbors in the community are concerned about local hiring for port jobs, job training for port jobs, environmental protection and access to healthcare, I believe representation on the Port Commission would give our communities a seat at the table so that we can begin addressing these issues.  One way this could be done is by putting this change into Representative Dennis Bonnen’s Port of Houston Authority Sunset Bill – HB 1642.”

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The Healthy Port Communities Coalition is an open-ended collaboration that names among its members: Air Alliance Houston, Pleasantville Environmental Coalition, Public Citizen, Texas Environmental Justice Advocacy Services and the Texas Organizing Project.

Ryan Korsgard reports on Houston’s Channel 2

Concerns over Port of Houston cancer risks

Houston Univision45 coverage

Amenazada la salud de los residentes del puerto de Houston   

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Guest post by the Coalition for Sensible Safeguards

Texas Plant Disaster Shows Fragmented System of Oversight

The specific cause of the West, Texas, fertilizer plant disaster is still being investigated, but one thing is clear: Tragedies like this shouldn’t happen in America. Our country can and should do more to prevent these kinds of tragedies from occurring, and businesses must be required to develop safety and emergency plans, said the Coalition for Sensible Safeguards (CSS), an alliance of groups working to protect and strengthen public protections. The victims of the tragedy at the West, Texas, fertilizer facility will be honored today in a memorial service in Waco, which President Barack Obama is scheduled to attend.

The fire and explosion last Wednesday at the West Fertilizer Company killed at least 15 people and injured more than 200. It demolished up to 80 homes and damaged other buildings nearby, including an apartment complex, a middle school and a nursing home.

“You’d like to think something like this could never happen, that there’d be tight oversight by some agency, but that’s not how it looks,” said Peg Seminario, director of Safety and Health for the AFL-CIO. “In reality, the regulation and oversight systems are often fragmented, so a small but potentially hazardous facility like this one in Texas can get what appears to be little scrutiny. There’s a lot we don’t know yet about what happened, but we do know there are gaps in the regulation and oversight systems. The president should provide leadership in coordinating the investigation and response from federal and state agencies.”

West Fertilizer filed an emergency response plan update in 2011 with the U.S. Environmental Protection Agency (EPA) listing anhydrous ammonia on site, but did not indicate there was a risk of fire or explosion at the plant. And no one can explain the enormous quantity of ammonium nitrate (the substance used in the Oklahoma City bombing in 1995) that was on site but unreported to the Department of Homeland Security.

Local firemen and volunteers who rushed toward the facility represented the majority of the deaths from the incident, indicating that first responders may have been unprepared for the dangers of explosion. But the company was supposed to have a risk management plan developed and shared with local first responders. The law requiring such a plan – the Clean Air Act Amendments of 1990 – was passed in response to earlier tragedies.

Almost 10,000 facilities across the United States are storing or handling anhydrous ammonia, according to the Center for Effective Government’s RTK NET (www.rtknet.org). There is currently no way to determine whether these facilities have up-to-date risk management plans, and whether these plans have been shared with plant employees, residents of the surrounding community and local emergency personnel. The EPA does not require facilities to include ammonium nitrate in their risk management plans.

The Occupational Safety and Health Administration (OSHA) last inspected the West facility in 1985. But OSHA is generally only able to inspect facilities with fewer than 10 employees in response to a complaint or incident, and in 2011, the West plant reported only seven employees. Small facilities like this one scattered throughout the nation are “regulated” by a system rife with gaps in oversight, limited enforcement and unclear rules.

Loopholes that allow lapses in health and safety standards must be closed if we’re going to avoid future tragedies. Companies have to be required to create and register emergency plans and share this information with emergency personnel and the communities in which they operate.  And oversight agencies must have staff and resources to ensure this happens.

“As we mourn the human losses West has had to endure and grieve for the courageous people who rushed in to help, let’s commit ourselves to creating a system that prevents other communities from having to experience similar events,” said Katherine McFate, president and CEO of the Center for Effective Government and a CSS co-chair. “That would be a most fitting tribute to those who lost their lives in West, Texas, and other industrial accidents across the country.”

diamond line

The Coalition for Sensible Safeguards is an alliance of consumer, small business, labor, scientific, research, good government, faith, community, health, environmental, and public interest groups, as well as concerned individuals, joined in the belief that our country’s system of regulatory safeguards provides a stable framework that secures our quality of life and paves the way for a sound economy that benefits us all. For more information about the coalition, see: http://www.sensiblesafeguards.org/about_us

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Keystone XL opponents are asking President Obama to reject the tar sands pipeline based on the new EPA report that assessed “environmental objections” and found that the State Department’s analysis included “insufficient information”.

The State Department’s own Draft Environmental Impact Statement (DEIS) made the case that Keystone XL would provide no tangible benefits for the U.S.—and now the EPA’s comments highlight the serious risks that the pipeline would create for the U.S. and for the communities along the pipeline route.

EPA’s letter to Assistant Secretary Fernandez and Assistant Secretary Jones outlined serious concerns regarding missing information from the DEIS, namely:

  • Greenhouse gas emissions
  • Pipeline safety
  • Alternative pipeline routes
  • Community and environmental justice impacts

Per the two reports from his own Administration and the over 200 pages of comments on the DEIS submitted by opponents, President Obama has no choice but to reject Keystone XL because it is not in our national interest.

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Statement of Keith Wrightson, Worker Safety and Health Advocate for Public Citizen’s Congress Watch Division

The West Fertilizer Company facility that exploded in a deadly blast Wednesday evening had not been inspected by the federal Occupational Safety and Health Administration (OSHA) in at least 10 years. While we leave it to investigators to determine what exactly happened, we already know that this facility and ones like it operate with very little oversight, and that this is a problem.

Plant Explosion Texas

A fire burns at a fertilizer plant in West, Texas after an explosion Wednesday April 17, 2013 (AP Photo/Michael Ainsworth/The Dallas Morning News)

Records show that the facility in West, Texas, owned by Adair Grain Incorporated, has not been inspected by OSHA in the past 10 years.

In the past five years, only two Texas facilities in the same classification – that produce fertilizer using ammonia – have been inspected by OSHA, records show. The agency, with a budget of roughly $568 million, lacks the resources to regularly inspect these types of facilities, including the many with high danger levels. Often facilities do not see an inspector for decades at a time.

While OSHA’s budget had increased slightly in the past several years, it was recently reduced yet again by budget , which means fewer inspectors to monitor facilities like the West Fertilizer Company. Small budgets also make it even harder for the agency to issue new safety standards. The agency’s budget is similar to what it was several decades ago, but the size of the economy – and the number and complexity of workplaces to inspect – has grown tremendously.

Though total occupational deaths are far lower today than they were decades ago, more than 4,000 workers still die every year on the job in the United States, most in incidents that could have been prevented. Last night’s tragic explosion in Texas is a reminder of the work still ahead to make our nation’s workplaces safer.

Devoting only a miniscule portion of our budget to protecting workers is a policy choice – and it’s the wrong one.

Contact: Ben Somberg (202) 588-7742 or Keith Wrightson (202) 454-5139

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Two years after the earthquake and accompanying tsunami that resulted in three of the reactors melting down at the Fukushima Dai-Ichi plant, nuclear engineers are still grappling with how to bring the facility under control.  This plant was heavily damaged and to date, no one has been able to repair it.  So it’s still badly broken and it is no wonder that power outages and water leaks continue to hamper the clean-up.

The United Nations atomic monitors, the International Atomic Energy Agency (IAEA), arrived at the Fukushima Dai-Ichi nuclear plant to review how contaminated water is being stored at the disaster site and assess decommissioning risks.  Their arrival was met with reports that a large amount of radioactive water had leaked from the plant.  The IAEA has made irregular visits to the Fukushima site since the March 11, 2011, disaster occurred. Their last visit was in December, 2012.

Currently, about 280,000 tons of highly radioactive water are stored at the Fukushima plant, according to Tokyo Electric Power Company (Tepco), the company that owns the plant. That’s enough to fill about 112 Olympic-sized swimming pools, according to Bloomberg News calculations.

So here is how we got to that much radioactive water.  The reactor cores still have fuel inside that needs to be kept cool.  To cool the cores, Tepco has had to continuously bring in water from outside and pour it in.  That water flows down into the basement of the plant. From there, they pump it out, do an initial decontamination (they are able to remove some radioactive elements like cesium from the waste water, but other elements, like tritium, require more time to scrub) and store it.  Initially, they were storing the radioactive water in metal tanks on site, but these tanks have been filling up because groundwater has also been coming into the basements so they recently switched to reservoirs – really just earthen pits that have been lined with sheets of plastic. It is somewhere in this complex process that these leaks have occurred and right now they believe the reservoirs are leaking.  Here is a cleanup strategy as jaw-droppingly “maybe should have gone with something a bit less duct-tape home repair” short-sighted as the cleanup of the Pegasus Tar Sands spill in Arkansas with what appears to be paper towels that was ridiculed on the Rachel Maddow Show and the Colbert Report.

There are monitors around all the reservoirs, so they have pin pointed which ones are leaking, but they don’t know how much has leaked.  What we do know is that fish and mollusks within 12.4 miles of the Fukushima plant have surpassed baseline measures of radioactivity, according to Tepco’s  most recent environmental monitoring report published April 12. One specimen tested near the port entrance to Fukushima Dai-Ichi was 4,300-times more radioactive than what Japanese officials consider standard and may pose health risks.

Some say clean up is decades away, I say that is a nice fairy tale. Fukashima still has fuel inside, the spent fuel that was being stored above the reactors is still there, and no one can get to any of it right now. The area is just too radioactive. So they will have to wait for all the fuel to cool down and then figure out how to go in there and get it out.  It will be years before they can even open up the reactors. But the reality is that nuclear power plant disasters of this magnitude will take generations to clean up.

In six days we will commemorate the 27th anniversary of the nuclear disaster at the Chernobyl Nuclear Power Plant.  Only 2 miles away from the reactor, the company town of Pripyat, remains deserted and unfit for human habitation for hundreds of years to come.

Chernobyl sits inside a fenced area known as the Exclusion Zone. Radioactive remnants of the failed reactor continue to smolder inside a modern day sarcophagus, a concrete and steel encasement hastily erected after the accident. Leaky and structurally unsound, it now threatens to collapse, shaking loose enough radiation to cause a second disaster of similar magnitude. Work has already started on a new encasement, which will slide over the existing sarcophagus to seal in the remaining nuclear fuel. In the mean time desperate efforts are underway to shore up the sarcophagus to protect it from collapsing.

While our nation has avoided a disaster equal to these, our nuclear fleet of 104 reactors is an aging one, many of which are close to heavily populated areas of the country, and there is no absolute guarantee that the U.S. is invulnerable to a disaster of this magnitude.  We should all keep this in mind as nuclear plant after nuclear plant applies for a license extension that will go well beyond the expected life planned for these plants.

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Julia Trigg Crawford, a Texas landowner fighting a legal battle with TransCanada over the rights to her family’s farm, will be in Washington on Thursday to testify in front of the Subcommittee on the Constitution and Civil Justice during a hearing on the Private Property Rights Protection Act. Ms. Crawford will be discussing her personal experience with the use of eminent domain by a foreign company, as it is being used by the Keystone XL pipeline.

The bill filed in the 112th Congress as H.R.1433 can be read here.

The hearing will begin at 9am ET on Thursday and may be covered on C-Span in case you want to catch Julia’s testimony.

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I was part of and witnessed an inspiring evening at Austin City Hall yesterday.  Engaged citizens came together to speak passionately about the importance of maintaining democratic leadership for Austin Energy, our city’s electric utility.

Many people talked about wanting the right to vote on a change in governance, about the importance of accountable leaders and about the need for multiple public hearings to discuss this important issue.  Others spoke about our utility continuing to invest in renewable energy and energy efficiency and maintaining our commitment to assisting low income families with their electric bills.  The voices were many and varied and the process took hours.

And we made a difference.

Several important amendments were added to the ordinance that, if they remain, limit the powers granted to the unelected board and increase oversight by our elected City Council.  Councilwoman Laura Morrison continued to be our champion on the Council, but Councilmen Chris Riley and Mike Martinez also emerged as allies on numerous amendments to lessen the negative impact of establishing an unelected board.  I commend them on their willingness to listen to the public and make changes to address some of our concerns.  (It should be noted that Councilwoman Tovo was in China for City business, but has also stood by the people throughout this debate.)

There is still a lot of work to be done to eliminate the threat of an unelected board, but it’s clear that public participation does make a difference.  And that’s our fundamental point.  We, the people, wish to retain our direct access to and influence on those who govern Austin Energy.  An unelected board wouldn’t be accountable to the ratepayers.

Please visit CleanEnergyForAustin.org to stay informed over the next week.  Email me at kwhite(at)citizen.org to receive email updates.  This isn’t over yet.

I remember the feeling of community brewing

Of democracy happening

~Ani Difranco

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Gina_McCarthy_--_EPAWhile EPA nominee, Gina McCarthy is likely to be confirmed, the confirmation hearing on Thursday was dominated by a debate on the future of coal as a source of electric power in the U.S. according to a report by NBC News.

Click here to read NBC’s story on this confirmation hearing.

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If you weren’t already convinced that Austin would be misguided to hand over governance and oversight of our municipal electric utility, Austin Energy, to an unelected board, CPS Energy’s unelected board just provided a great example of what we can expect under such a regime.

CPS Energy on Tuesday proposed cutting the amount it pays for solar power generated from residential customers roughly in half, angering clean-energy activists and system installers who say the cuts would cripple the local solar industry.

“There was zero consultation with the solar industry in the development of this proposal,” said Lanny Sinkin, executive director of the advocacy group Solar San Antonio, who was made aware of the plan Monday night. “They’re going to kill the solar industry.”

Read the rest of the story on MySanAntonio.com.

Two important things to note:

  1. This is a bad, anti-environmental, anti-consumer policy change.
  2. No public input was sought prior to announcing this very significant change to CPS policy.

In Austin, we have come to expect that the public will be consulted on changes to our community.  An unelected board doesn’t fear political blow-back and will therefore be beholden not to the ratepayers (that’s you and me), but to special interests.  I don’t know who was behind this proposal at CPS, but it wasn’t the people of San Antonio.

Please, stop by City Hall and register against item #11 on today’s City Council agenda.  If you have time to say a few words on behalf of democracy, arrive by 4pm if you can.  Council doesn’t always run on time though, so even if you can’t get there until 5:00 or after, you might still get a chance to speak.

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Today, Thursday (April 11th) at 4 PM Austin City Council will vote on ordinance that would hand control of the city’s municipal utility, Austin Energy, to an unelected board chosen by corporate headhunters.  This change could open the door to industry insiders and special interests controlling Austin Energy, the city’s largest asset, valued at $3.9 billion.  It’s OUR utility and we should elect those who manage it.

There will be a first vote on this ordinance comes tomorrow despite great public outcry about the rushed nature of this plan, the failure to hold a real public hearing and the failure to acknowledge the millions of dollars wasted at other utilities, such as CPS Energy, at the hands of unelected boards.

A percentage of the profits of Austin Energy currently goes to fund programs for the city, but that funding could be at risk with an unelected board in charge.  Reduced funding could seriously jeopardize our parks, roads, libraries, clinics and public safety department.  There is also some concern that the move to make our public utility more of a corporate model could mean that our green energy and low-income programs are at risk.

This is your utility and we encourage you to come to City Hall this afternoon.  Speak if you can, or, if you prefer, donate your time to a friend.  While the “time certain” has been set for 4 pm, please don’t let that deter you.  Come even if you can’t arrive by 4 pm. City Council has been known to be hours late in getting started on an item. We’ll have food on hand.

The backup material (attachment 3 on item #11) includes the draft ordinance, the new report (which is an interesting compilation of data, but doesn’t support the concept of changing Austin Energy’s governance), and a list of 15 ways that the ordinance conflicts with the City Charter.

Even if you can’t attend, but can come by City Hall at some point in the day, please go by and register against agenda items #11 and #45 at the kiosks inside.

You can also call or email council members, specifically Mayor Lee Leffingwell and Council Members Sheryl Cole, Bill Spelman, Chris Riley and Mike Martinez, and ask them to halt this fast-tracked, undemocratic ordinance. Remind them that the utility is ours – not theirs to give away.

City Clerk 974-2210
E-mail all City Council Members at once: http://www.austintexas.gov/mail/all-council-members
Lee Leffingwell 974-2250 Lee.Leffingwell@austintexas.gov
Sheryl Cole 974-2266 Sheryl.Cole@austintexas.gov
Chris Riley 974-2260 Chris.Riley@austintexas.gov
Mike Martinez 974-2264 Mike.Martinez@austintexas.gov
Kathie Tovo 974-2255 Kathie.Tovo@austintexas.gov
Laura Morrison 974-2258 Laura.Morrison@austintexas.gov
Bill Spelman 974-2256 Bill.Spelman@austintexas.gov

More info is online at www.CleanEnergyforAustin.org.

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Earthday is coming up and we’d like to share two ways to support Public Citizen’s Texas office through EarthShare programs!

H-E-B Tear Pad Campaign

Earthshare HEB CampaignFor those who are able to give to EarthShare through your work place charitable giving campaign, we thank you.  For those who do not have that option, Public Citizen is pleased to announce that H-E-B has selected EarthShare of Texas to be the April beneficiary for its in-store coupon promotion for the fifth year in a row. As an EarthShare partner, Public Citizen will benefit from this promotion as well!

Whenever you shop at H-E-B from now until May 4, grab one of the tear-off coupons at the register to add $1, $3, or $5 to your total bill. Those extra dollars go to EarthShare, and at the end of the campaign, BikeTexas will get a portion of EarthShare’s total proceeds for the month. You can join in at any H-E-B in Texas. Support bicycle advocacy while you pick up your lettuce!

Reliant EcoShare Program

Reliant Energy customers also contribute to the EarthShare campaign making a donation every time a Texas customer purchases a carbon offset. All the Earthshare programs receives a portion of those donations.  If you live in a competitive electric service area that Reliant serves and are a customer, consider making Earthday year round by participating in their carbon offset program.

Public Ctizen is happy to be partnered with many organizations across this state who support making Texas a leader in clean, sustainable energy.  Thank you for supporting Public Citizen!

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Arkansas Spill Points to Problems With Diluted Bitumen Crude Transport Through Aging, Repurposed Pipelines; Tar Sands Crude Poses a Threat to Texas Drinking Water, Home, and Public Health

The recent Good Friday tar sands crude spill in an Arkansas neighborhood and an earlier catastrophic spill in Michigan highlight the dangers of transporting large volumes of tar sands crude into the United States through aging pipelines, warn Public Citizen and others.

ExxonMobil Corp. is still cleaning up thousands of barrels of Canadian tar sands crude spilled from the aging Pegasus pipeline near Little Rock, Ark. Michigan residents are still dealing with the fallout from a devastating pipeline rupture in 2010.

“Texas not only has the same 65-year-old Pegasus pipeline coursing through the state but also has the 34-year-old Seaway line, both slated to carry Canadian tar sands or diluted bitumen (Dilbit) crude,” said Rita Beving, Public Citizen consultant.

The Pegasus and Seaway pipelines travel within a few miles of medical facilities, schools, churches and community subdivisions. Both pipelines cross tributaries and are within a few miles or underneath existing water supplies for many Texas cities (See Map of Pegasus Pipeline route through Texas and affected communities and List of affected communities along the Seaway Pipeline route through Texas). The Seaway passes near Dallas, and is slated to carry more tar sands crude than the combined pipeline segments of Keystone XL, up to 850,000 barrels per day.

Not unlike other tar sands spills, the Pegasus pipeline spill near Little Rock forced the evacuation of people from dozens of homes. In 2010, the largest onshore spill in U.S. history occurred in Michigan, where a pipeline break on a 43-year-old pipeline spewed tar sands into the Kalamazoo River. This Enbridge Lakehead B spill resulted in residents being evacuated up to six miles away, as high levels of benzene and hydrogen sulfide became airborne and sickened local residents. More than 1.1 million gallons of tar sands or dilbit spilled into the river and traveled more than 35 miles along the waterway. Almost three years and $850 million later, the problematic spill is still not cleaned up, and Enbridge has now been ordered by the U.S. Environmental Protection Agency (EPA) to dredge the river.

Children living near the Michigan spill reported cases of vomiting, upset stomach, shortness of breath, lethargy, headaches, rash, eye irritation, sore throat and cough within the first week. Adults experienced similar symptoms, and pets suffered from continuous vomiting and diarrhea. The EPA established that benzene levels in the area near the spill were exponentially higher than the standard established as safe for human exposure.

Dr. Riki Ott, a marine toxicologist with experience in crude oil spills including the Exxon Valdez and the Michigan spill noted, “In Michigan, we had 16-year-olds having seizures, and adults with dizziness and symptoms of a tightening chest after the Kalamazoo spill. Now you are seeing the same thing happen in Little Rock. It could happen next in your backyard, and you may not even know a pipeline was carrying tar sands until after a spill happens, as many communities haven’t even been told that this is what’s going through the line. This can repeat itself wherever Canadian tar sands is being transported.”  (see Human health risks of exposure to tar sands)

“As we see the Michigan spill still being cleaned up today with the the long-term health effects still unknown, we can only anticipate that cities in Arkansas may face similar issues,” said Tom “Smitty” Smith, director of the Texas office of Public Citizen. “Seeing what has now transpired in these other states, and now with both the Pegasus and Seaway pipelines in Texas carrying tar sands crude, a tar sands rupture on aging pipelines is not a matter of if, but when. These incidents beg the question to our lawmakers, ‘What are you going to do to help protect Texas from such spills?”

The Seaway line passes within one to two miles of 8 medical facilities and nursing homes, 45 schools, 56 churches and dozens of Texas communities include Rockwall, Terrell, Corsicana and Royse City, Kaufman, and Baytown. Seaway crosses near tributaries of Lake Lavon, Cedar Creek Reservoir and beneath Richland Chambers Lake – all major water supplies for Dallas and Ft. Worth.

The Pegasus line crosses into Texas northeast of Dekalb and travels within a couple miles of more than 29 Texas communities including Mt. Pleasant, Mt. Vernon, Winnsboro, Canton, Navarro, Polk and Livingston. Upon initial analysis, at least 16 schools and 12 medical facilities are within one to two miles of Pegasus. More than 14 lakes including Lake Cypress Springs, Bob Sandlin, Lake Fork, Cedar Creek Reservoir, Lake Halbert, and five tributaries of Lake Livingston are also crossed by the pipeline.  Some of these water supplies serve as drinking water sources and are favorite recreational areas for sportsmen.

Documentary filmmakers, Elliott Gilbert,II and Joe Capps, run into a cleanup crew in Mayflower, AR.

Documentary filmmakers, Elliott Gilbert,II and Joe Capps, run into a cleanup crew in Mayflower, AR.

Elliott Gilbert, a Dallas documentary filmmaker, and his assistant Joe Capps, rushed to the Arkansas spill site after it was discovered. Both commented to Public Citizen about visiting an Arkansas elementary school where they interviewed the principal, who had sent children home due to dizziness, nausea and vomiting. The school was within a half mile of the Pegasus spill.

“After filming and hearing from the school principal and the residents in Arkansas, it definitely gives me pause as to what could happen with communities near Dallas should our area encounter such a spill,” Gilbert said. “I have a young daughter. I shudder to think that could happen near her school.”

As the proposed Keystone XL northern segment awaits approval from the U.S. State Department and the southern segment is now being constructed in East Texas, many worry that repurposed pipelines carrying tar sands are the wave of the future.

“Why should pipeline companies apply for permits and go through tedious environmental impact statements when you can repurpose an old pipeline, with little, if any, environmental scrutiny from a state agency and with little resistance from landowners who already have an existing line in the ground,” asked Beving. “These pipeline companies that are carrying Canadian tar sands are in a race to get lucrative shipping contracts with Texas refineries. Why not get your product to market the easy way with an old repurposed pipeline instead of undergoing permits and review by applying for a new construction permit?”

Beving notes that some companies, such as Enbridge, are twinning or adding additional lines to existing ones as they are doing with the existing Seaway pipeline. “Using existing pipelines and then twinning them is like building your own tar sands superhighway, an interstate for crude oil that you can expand at will with built-in condemnation rights. But this product is more toxic and problematic to clean up,” she said.

Tar sands are mined and then diluted with natural gas condensate and a host of toxic chemicals, according to Chris Wilson, a chemical engineer who has consulted for Public Citizen. Tar sands or dilbit is up to 70 times more viscous, 20 times more sulfuric and 10 times more acidic than conventional crude.

A shot of tar sands from the Arkansas spill pumped into a containment pond

A shot of tar sands from the Arkansas spill pumped into a containment pond.

“Canadian tar sands are not your granddaddy’s West Texas crude,” Wilson said. “It is transported from Canada in a more ‘raw’ form than other forms of oil, and that is what makes it more deadly and more problematic to clean up.”

Added Ed Parten, executive director and political liaison of Texas Black Bass Unlimited, “Lake Fork is the ultimate sportsmen’s fishing destination, known throughout Texas and the world for its premier bass fishing. It is my understanding that Lake Fork was built over this pipeline. Based on what we know with the Michigan tar sands spill, if this pipeline ruptures, it not only will destroy a valuable water supply, but also will devastate this great recreational resource known to fishermen across the country.”

“Texas lawmakers are debating pipeline safety standards for other types of pipelines during this session,” Smith said. “Are they asking the right questions to protect Texans from tar sands? Do they understand the urgency to act now to protect Texas before we have a tar sands spill here? And finally, do they have the political will to enact legislation to protect our state? We need proper notice, disclosure, filing of emergency response plans before operations begin, and a Texas liability fund to protect our state, since these companies are exempt from paying into the U.S. Spill Liability Fund.”

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TurbulenceAccording to the new study published in the journal Nature Climate Change, by the middle of this century climate change could lead to more airplane turbulence.

Turbulence strength over the North Atlantic flight corridor could increase between 10 percent and 40 percent, and turbulence frequency could jump between 40 percent and 170 percent.

Researchers Paul Williams of the University of Reading in the United Kingdom and Manoj Joshi of the University of East Anglia wanted to know how climate change might influence turbulence and used computer models to simulate a world where carbon dioxide in the atmosphere reaches twice pre-industrial levels.

Check out the article by Stephanie Pappas of LiveScience for more about this study, and this article on NBC news.

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This is a guest submission by Riki Ott, PhD. Dr. Ott is a marine toxicologist, author, and former commercial fisher. She was one of the first people on the scene during the Exxon Valdez oil spill, when millions of gallons of crude oil were discharged into the pristine waters of Prince William Sound, Alaska. For 23 years, she has been the voice and face of efforts for justice.

She is the featured character in the award-winning film BLACK WAVE: The Legacy of the Exxon Valdez, a documentary that tells the tale of the battle between commercial fishers against the largest corporation in the world, Exxon-Mobil.

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In oil disaster after oil disaster, industry has repeatedly hidden the truth from federal agencies and the public about spill volume and extent of damages, including wildlife kills, ecosystem harm, and harm to worker and public health. This underreporting is done to minimize the spiller’s liability – often billions of dollars are at stake. If the oil industry is not held accountable for these costs, the costs are externalized and borne by the environment, local economies and businesses that depend on a healthy environment, individuals and families who suffer health consequences, and U.S. taxpayers.

Riki Ott, PhD is asking the press to pose critical questions rather than regurgitate industry press releases. The public depends on the press in order to be well informed and make important decisions. It is essential for the media to search for deeper explanations and more accurate information during incidents that threaten human health, wildlife, and the environment––and future energy choices.

Dr. Ott is offering this guide, based on her on-the-ground first-hand experience with the nation’s largest oil tanker spill (Exxon Valdez, 1989), offshore oil rig disaster (BP Deepwater Horizon, 2010), and on-land pipeline tar sands spill (Enbridge, 2010).

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WHEN WAS THE LEAK DISCOVERED?
Exxon says the leak was discovered on Friday afternoon. What are residents saying? People living nearby should have known immediately from the fumes when the leak occurred or once it spilled above ground. In the case of the Enbridge tar sands oil spill in the Kalamazoo River (July 2010), residents reported smelling and seeing oil two days prior to the date Enbridge claimed the spill occurred.

WHAT KIND OF OIL WAS SPILLED?
Media is reporting a crude oil or sour crude spill. This oil is sour (containing high concentrations of hydrogen sulfide) but more importantly, it is heavy bitumen crude – tar sands oil (sour by nature) that has been diluted with lighter petroleum distillates and other very toxic chemicals.1 These chemicals are often labeled proprietary due to their toxic nature.

WHAT ARE OTHER NAMES FOR TAR SANDS OIL?
“Tar sands oil” is a political red flag, so the industry also calls it “nonconventional oil,” “heavy bitumen crude,” “dilbit” (diluted bitumen), and more recently, “sour oil,” and “sour crude”. Don’t fall for it. What spilled is the essentially the same stuff that Enbridge spilled in Michigan (July 2010) and that would be coming down the Keystone XL: tar sands oil (bitumen crude oil) with diluents, or dilbit.

WHAT ARE THE HUMAN HEALTH RISKS OF EXPOSURE TO TAR SANDS OIL, DILUENTS, AND DILBIT?
Common symptoms of exposure to conventional crude oil spills are well known and established within the medical community and include respiratory problems, central nervous system dysfunction, blood disorders, and skin problems.2 Unfortunately, a body only has so many ways to say it’s ill and the symptoms for chemical illnesses mimic those for colds/flu, asthma, bronchitis, COPD, bad headaches, vertigo, dizziness, tingling feet and hands, fatigue, general malaise, immune suppression (sick all the time), bad looking skin rashes like MRSA, peeling palms and soles of feet (for people walking barefoot), ear and nose bleeds (gushers), bleeding hemorrhoids, and more.3

Tar sands oil is concentrated with heavy hydrocarbons, known as Polycyclic Aromatic Hydrocarbons (PAHs) or more commonly as ultrafine particles. Exposure to PAHs can cause the health issues listed above (and also listed as compensable injury on BP medical benefits settlement4)––and similar injury in wildlife.5

The diluents are industrial solvents, containing petroleum distillates and other toxic chemicals that that target and harm the same organs of the body as PAHs/oil––the respiratory system, central nervous system, skin, and blood. This means the body takes a double hit of toxic chemicals. Diluents contain chemicals that are teratogens (disturb development of or kill babies in the womb), carcinogens, mutagens, systemic poisons, and cause hemolysis (rupture of blood cells). Some people are more vulnerable than others to dilbit, especially children6, pregnant women, elderly, African Americans, and those with pre-existing illnesses.7 Diluents are industrial solvents and degreasers, like dispersants, that act as an oil delivery mechanism, pulling oil into the body. The emerging science from the BP Gulf disaster is finding that chemically-dispersed oil is more toxic than oil alone to wildlife and humans.

Since tar sands oil is concentrated with PAHs and VOCs/diluents, dilbit is far more toxic to humans and animals (wild and domestic) than conventional oil. The oil industry (and government) are trying to downplay the human health risks of exposure to tar sands and/or dilbit because this is extremely politically inconvenient information. It nonetheless is extremely dangerous.

WERE RESIDENTS INFORMED OF THESE HEALTH RISKS? PROPERLY EVACUATED?
No. Residents and the city are being misinformed about health risks. A recent statement released by Exxon said, “The air quality does not likely present a human health risk, with the exception of the high pooling areas, where clean-up crews are working with safety equipment.”

This is simply not true. Oil and petroleum distillates (ingredient of both dispersants and diluents) wrecked havoc with wildlife and people in the aftermath of the BP disaster8 and the Exxon Valdez disaster.9 Similarly, tar sands oil and diluents made people sick in Michigan,10 where residents of one trailer court and neighborhood along the oiled riverbank blame exposure to tar sands oil and fumes for illness outbreaks including eighteen deaths––and counting.11 Oil and diluents can cause short- and long-term harm to health if people are not forewarned (educated about chemical illnesses, exposure, symptoms, and treatment) and given protection.

Dilbit has a mandatory 1,000-foot evacuation zone. Was it uniformly enforced? In Michigan, people in richer areas were evacuated while people in poorer areas were either not evacuated or were forced to relocate when the city condemned public housing units.12 Enbridge housed workers in some of the homes it purchased, raising health concerns. If the home wasn’t safe for the original occupants, why was it safe for the workers? Unprotected workers and the general public are at risk of exposure and chemical illness. Children, elderly, pregnant women, people with pre-existing illnesses, and African Americans, in particular, and domestic animals should have been evacuated immediately.

The local department of health should issue Public Health Advisories, warning residents of the signs and symptoms of exposure, such as headaches, nausea, vomiting, dizziness, nose bleeds, and cold- and flu-like symptoms, among others. Occupational and environmental medicine (OEM) doctors should be on hand to diagnose and treat illnesses that family doctors are not trained to recognize. These specialty physicians should NOT be provided by the industry; the city should hire them and ask industry for reimbursement. People should be given baseline health exams before returning to homes they evacuated; their homes should be tested for air quality. Wood and fabric, for example, absorb oily fumes and will off-gas over time. The industry should pay if homes, furniture, clothes, carpet, toys, etc., need to be replaced.

WERE THE CLEANUP CREWS GIVEN AND WEARING ADEQUATE PERSONAL PROTECTIVE EQUIPMENT?
Photos from KTHV in Little Rock, AR, show backhoe operators and others with absolutely no protective gear at all. Compare what the cleanup crews are wearing with what EPA and other federal responders were wearing, especially during the early response. During the Michigan response, EPA crews wore respirators and Hazmat gear. Hazmat crews with protective equipment and workers or the general public without similar protection in the same area is a sign of trouble for unprotected persons – and disingenuous PR statements. In Prince William Sound, Alaska, Alyeska’s SERVS workers are trained, provided with, and required to wear personal protective equipment, including respirators, during oil spill response.

WHAT HAPPENS WHEN DILBIT AND/OR TAR SANDS OIL GETS IN CITY SEWERS?
Photos from KTHV in Little Rock, AR, show dilbut bubbling down into storm sewers. City wastewater treatment facilities are not designed to process and remove even small amounts of oil. Individuals are fined hefty amounts for releasing even a quart of oil into sewers. Tar sands oil is thick, sticky goo and the diluents are extremely toxic chemicals. ExxonMobil needs to detail how it plans to help municipalities clean out the sewers and the wastewater treatment system––without contaminating the city’s water supply. If it is too late to avoid contamination of the city’s water supply, how will industry provide safe water for city residents?

ARE TAR SANDS OIL AND DILBIT MORE CORROSIVE THAN CONVENTIONAL OIL?
Yes. Period. No debate. Bitumen blends are more acidic, thick, and sulfuric than conventional crude oil. DilBit contains 15–20 times higher acid concentrations and 5–10 times as much sulfur as conventional crudes. The additional sulfur and high concentrations of chloride salts cause corrosion that weakens and ages pipelines, especially when dilbit is pumped under high temperature and pressure. Tar sands crude oil also contains high quantities of abrasive quartz sand particles, much more than used by liquid sandblasters. (Keystone XL pipeline maximum capacity would mean over 125 pounds of quartz sand and alumino-silicates per minute. Common sandblasters use between 1.5 and 47 pounds of sand per minute.) Conventional crude oil does not contain quartz sand particles. Dilbit is also up to 70 times more viscous than conventional crude.13

Not surprisingly, tar sands pipeline spills occur more frequently than spills from pipelines carrying conventional crude oil because of diluted bitumen’s toxic, corrosive, and heavy composition. Between 2007 and 2010, pipelines transporting diluted bitumen in the northern Midwest spilled three times more oil per mile than the national average for conventional crude oil. Between 2002 to 2010, internal corrosion caused over 16 times as many pipeline spills per 10,000 miles in Alberta, Canada, where pipelines transport mostly dilbit, than in the US, where pipelines transport mostly conventional crude oil. Finally, in its first year, the U.S. section of Keystone 1, carrying diluted tar sands oil, had a spill frequency 100 times greater than the TransCanada forecast. In June 2011, federal pipeline safety regulators determined Keystone 1 was a hazard to public safety and issued TransCanada a corrective action order.14

WHY DOES INDUSTRY CLAIM THERE IS SO LITTLE RISK? WHO PAYS THE COST OF SPILLS?
The oil industry is aware of the higher risk of spills from transporting dilbit and the higher cost of spill response, based on the Enbridge tar sands spill in Michigan. To minimize liability, industry lobbyists successfully argued that dilbit was not conventional oil and therefore exempt from the Oil Spill Liability Trust Fund. Oil shippers pay into this fund, which is then used by the federal government for spill response. Now the shippers most likely to spill oil, those shipping diluted tar sands oil, do not pay into the fund. But the fund is still tapped for spill response. If the fund goes bankrupt, U.S. taxpayers would foot the bill––on top of the annual $375 million subsidy for saving the oil and gas industry from paying into the fund in the first place.15

WHAT DOES THE PRESS NEED TO DO?
The government and industry are pushing the press away from these scenes with claims of safety concerns. Really? Are the media crews different from the workers or residents? The media could obtain and wear the same safety gear worn by the federal responders, if this is truly government’s concern. The BP Gulf disaster set horrible precedent for media access16––and the media acquiesced instead of insisting upon, and fully exercising, their First Amendment rights. THE MEDIA IS NOT GETTING THE FULL STORY IF THEY ARE DENIED ACCESS TO THE SPILL SITE––and neither are the American people.

  • The ExxonMobil tar sands oil spill is very inconvenient for government, Congress, and industry. The U.S. State Department is taking public comment for the Keystone XL Pipeline until April 22. There will be a huge push by industry and the government to shut down the true risks and costs of transporting tar sands oil as inconvenient truths. It is the media’s job to accurately research and portray these risks to the public. In-depth research and reporting on the ExxonMobil tar sands spill in Arkansas would be a good start.

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ENDNOTES:
1 Lisa Song, A Dilbit Primer: How It’s Different from Conventional Oil, June 26, 2012, http://insideclimatenews.org/news/20120626/dilbit-primer-diluted-bitumen-conventional-oil-tar-sands-Alberta-Kalamazoo-Keystone-XL-Enbridge

2 Barry Levy and William Nassetta, The Adverse Health Effects of Oil Spills, Intern. J. of Occupational Health and Environ. Medicine, 17(2):161– Apr/Jun, 2011. http://www.ncbi.nlm.nih.gov/pubmed/21618948

3 See: series of Huffington Post blogs documenting emerging public health epidemic of chemical illnesses across the oil-impacted Gulf Coast at: http://www.huffingtonpost.com/riki-ott/; See also: on-line version of Sound Truth and Corporate Myths at: www.rikiott.com under reading for medical professionals.

4 BP-Plaintiffs Medical Benefits Class Action Settlement Agreement, Exhibit 8: Specified Physical Conditions Matrix, Table 1: Acute SPECIFIED PHYSICAL CONDITIONS, and Table 3: Chronic SPECIFIED PHYSICAL CONDITIONS. http://www.laed.uscourts.gov/OilSpill/4.pdf

5 Charles Peterson, Stanley Rice, Jeffrey Short, Daniel Esler, James Bodkin, Brenda Ballachey, and David Irons, “Long-term Ecosystem Responses to the Exxon Valdez Oil Spill,” 2003; 302:2082–2086. See also Riki Ott, Sound Truth and Corporate Myths: The Legacy of the Exxon Valdez Oil Spill (Dragonfly Sisters Press, Cordova, AK: 2004), available at: www.rikiott.com

6 http://globalaccessmedia.org/consequence-oil-part/

7 Sciencecorps, 2010, Gulf Oil Spill Health Hazards. http://www.sciencecorps.org/Gulf_Spill_Chemical_Hazards_Report.pdf

8 Dahr Jamail, “Gulf seafood deformities alarm scientists,” Aljazeera English, April 20, 2012, http://www.aljazeera.com/indepth/features/2012/04/201241682318260912.html; BP blamed for ongoing health problems,

http://www.aljazeera.com/indepth/features/2012/04/2012420725163795.html

9 Kim Murphy, LA Times, November 5, 2001. http://groups.yahoo.com/group/EVOS/message/33

10 Martha Stanbury et al., Acute Health Effects of the Enbridge Oil Spill, Lansing, MI: Michigan Department of Community Health, November 2010, http://www.michigan.gov/documents/ mdch/enbridge_oil_spill_epi_report_with_cover_11_22_10_339101_7.pdf; Dahr Jamail, “Pipeline of ‘poison’,” Aljazeera English, Oct. 17, 2011. http://www.aljazeera.com/indepth/features/2011/10/2011101151776808.html

11 Michelle BorlandSmith, Jackson, MI, pers. communication.

12 Michelle BorlandSmith, Jackson, MI, pers. communication.

13 NRDC et al., Tar Sands Pipeline Safety Risks, June 2011, on p. 6, http://www.nrdc.org/energy/files/tarsandssafetyrisks.pdf

14 Cornell University Global Labor Institute, The Impact of Tar Sands Pipeline Spills on Employment and the Economy, March 2012, http://www.ilr.cornell.edu/globallaborinstitute/research/upload/GLI_Impact-of-Tar-Sands-Pipeline-Spills.pdf

15 Erin O’Sullivan, “Toxic and tax exempt,” Oil Change International, April 2, 2013, http://www.earthisland.org/journal/index.php/elist/eListRead/how_tar_sands_spills_from_michigan_to_arkansas_cost_us_all/; Oil Change International et al., “Irrational exemption: Tar sands pipeline subsidies and why they must end,” May 14, 2012, http://ecowatch.com/2012/tar-sands-industry-remains-exempt-from-spill-liability-fund/ and http://priceofoil.org/wp-content/uploads/2012/05/Irrational-exemption_FINAL_14May12.pdf

16 http://www.nola.com/news/gulf-oil-spill/index.ssf/2010/07/media_boaters_could_face_crimi.html

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