Today on The BradCast I'm joined by investigative journalist Steve Horn of DeSmogBlog to discuss his new article investigating the federal judges who oversaw the case that allowed the southern leg of the Keystone XL pipeline to move forward.

That KXL southern leg is now operational, despite the unusual way in which the Army Corps of Engineers seems to have helped TransCanada, the pipeline's owners, avoid the normal type of environmental review process that has otherwise been in place for similar projects since the 1970s. Horn's investigation looks into the question of whether two federal judges actually stood to profit from their rulings, whether they should have recused themselves from the cases in question, and how "a game of Orwellian rhetoric" allowed the Administration to approve the project without standard environmental scrutiny.

The process "happened behind closed doors," Horn tells me, creating a "horrible precedent" in the bargain. "Basically it happened without public hearings. That was the entire premise of the lawsuit." That suit, however, brought by the Sierra Club, was ultimately rejected with the help of two federal judges --- U.S. District Court Judge David Lynn Russell and 10th U.S. Circuit Court of Appeals Bobby Ray Baldock (both Reagan nominees) --- who Horn finds, each stood to gain financially from the pipeline being built.

Horn describes the Southern portion of the KXL pipeline as "extremely important", as "it connects to the rest of the Keystone pipeline system," allowing for "the highest amounts of oil in recorded history now flowing from the Midwest to the Gulf Coast." He charges that a disturbing precedent has now been set that allows Big Oil "to usurp long-standing [environmental] processes."

Horn also raises a very interesting possibility concerning Obama's upcoming trip to The Arctic --- the first such visit by a sitting President --- amid his Administration's recent final approval for Shell Oil to begin drilling off shore there.

Also today --- cuz I could use some laughs --- the "patriotic" gun owner who accidentally shot himself while volunteering to guard a racist gun shop in Oklahoma; The Republicans in Maryland hoping to relax lead paint regulations; More on Donald Trump's 'military advisers' (or laughable lack thereof); And some actual accountability for the executives of "Freedom Industries," the chemical company that poisoned WV's drinking water in 2014...

Download MP3 or listen online below...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

 

IN TODAY'S RADIO REPORT: Gag order lifted in criminal trial of Massey Energy coal boss Don Blankenship; Sea levels rose 5 inches in 2 years in the Northeast; Oil drillers illegally dumping toxic wastewater in California; Air pollution standards cut rates of childhood asthma in half; PLUS: Republicans fail to override Obama's Keystone XL veto, but vow to try again...and again...and again... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Your shower wastes water. Here's what you can do about it; Anti-pollution documentary taking China by storm; NYC could see 6 feet of sea level rise; Revealed: secret plan to confuse public on climate change launched in 1998; Canada pushing First Nations to give up land rights; Christie's office pushed sweetheart pollution deal for Exxon; McDonald's to limit antibiotics in chicken... PLUS: K-cup founder regrets the 'environmental scourge' he invented... and much, MUCH more! ...

A federal appeals court has lifted the gag order that had been imposed by a lower court in the criminal trial of West Virginia coal baron Don Blankenship.

The appellate court's unsigned order [PDF] on Thursday was issued in response to a suit filed by a number of media outlets, including AP, the Wall Street Journal and the Charleston Gazette, challenging the gag order by U.S. District Court Judge Irene C. Berger. That order, issued last November, had also sealed all documents in the indictment of the former Massey Energy CEO, who faces four criminal counts related to the massive April 2010 explosion at the company's Upper Big Branch (UBB) mine in West Virginia, resulting in the deaths of 29 miners.

Finding that the U.S. District Court had been "sincere and forthright" in its "proactive effort to ensure to the maximum extent possible that Blankenship’s right to a fair trial before an impartial jury will be protected", the 4th U.S. Circuit Court of Appeals nonetheless determined that "The public enjoys a qualified right of access to criminal trials"...

 

IN TODAY'S RADIO REPORT: Another day, another oil train explosion - make that two; Schizophrenic extreme weather pounds the U.S.; U.S. Southwest about to get a lot drier; PLUS: Ohio bans local fracking bans.... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Shell CEO calls for 'balanced' discussion on climate change; Proliferation of chemicals linked to rise in neurological disorders; Water taps start to run dry in Brazil's largest city; BC First Nations reject another pipeline across their lands; How the White House walked away from 'clean coal'; EPA targeted after preliminary 'veto' of Pebble Mine; Uncertain future for damaged nuclear waste repository; Judge dismisses levee lawsuit against oil and gas industry... PLUS: "More research" into geo-engineering is not such a hot idea... and much, MUCH more! ...

 

IN TODAY'S RADIO REPORT: Hits, misses and hype in a not-so-historic Blizzard 2015!; The influence of global warming on the storm, with a 100% chance of denial; U.S. Interior Dept. to expand offshore drilling, as another pipeline explodes in West Virginia; PLUS: Obama calls on Republicans to permanently protect the Alaska National Wildlife Refuge... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): We can solve climate change, but it won’t be cheap or easy; Study: Global warming 'doubles risk' of extreme weather; 10 predictions for clean energy in 2015; Greenland lakes speeding ice sheet melt; Obama and Modi agree to advance nuclear energy in India; Anadarko's record $5 billion settlement; PA fracking companies routinely violate environmental laws... PLUS: Fossil-fueled Koch-backed network aims to spend nearly $1 billion on 2016 elections... and much, MUCH more! ...

 

IN TODAY'S RADIO REPORT: Obama's big move to cut methane emissions - but there's a catch; West Virginia and the fight for science in science textbooks; Good news and bad news on sea level rise; PLUS: Car Wars - it's Tesla vs. Chevy in the race for electric cars... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): WA Gov. Jay Inslee's big green plans for his state; Booming solar jobs aiding economic recovery; Sen. Sanders forcing Republicans to go on record on climate change; Not all Republicans think alike about global warming; Fracking pollutants found in PA rivers; CA limits pesticide use on strawberries; Rooftop solar already cheaper than utility rates in some cities; Pope Francis steps up rhetoric on human-caused climate change... PLUS: The Logic of Divestment: Why We Have to Kiss Off Big Carbon Now... and much, MUCH more! ...

 

IN TODAY'S RADIO REPORT: America's first high-speed rail line breaks ground in CA; Environment to lose another champion in the Senate; More tank problems one year after WV toxic chemical spill; Fracking industry causing more quakes in OH and TX; PLUS: The Golden State invests big time in the new green economy... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): George Will again gets it exactly backwards on climate change; Denmark sets world record for wind energy production; Yes, it's cold, and global warming is still real; Serengeti Strategy - how corporate interests target individual scientists; China makes it easier to sue industrial polluters; Australia is burning and climate change is to blame; Did AZ just revolutionize the utility-solar industry?... PLUS: Stop what you’re doing and watch Elizabeth Warren rip apart Keystone XL pipeline... and much, MUCH more! ...

 

IN TODAY'S RADIO REPORT: Nothin' but good news for a change! New York issues first permanent ban on fracking; Obama permanently protects Alaska's Bristol Bay; PLUS: More accountability, more indictments in West Virginia toxic chemical spill... All that and more surprisingly good news in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Drone video footage reveals massive toxic lagoons of pig feces; Warming oceans killing off Maine's cod; Big Coal evicts villagers in Columbia; Ohio coal companies ask government for bailout; Why oil prices keep falling; What is the 'atmospheric river' hitting California?... PLUS: The most brazen political lie of 2014: "Climate change is a hoax"... and much, MUCH more! ...

On Friday, one day after the U.S. Department of Justice (DoJ) filed a 43-page, four-count Criminal Indictment [PDF] against infamous, long-time West Virginia coal boss Donald L. Blankenship, U.S. District Court Judge Irene C. Berger issued a gag order in the case in an effort to secure a federal jury in West Virginia that could "be fair and impartial and whose verdict [will be] based only upon evidence presented during trial."

That will be no easy feat.

Blankenship, whom Rolling Stone described in 2010 as "the Dark Lord of Coal Country," is the former CEO and Chairman of the Board of Massey Energy Co. An extraordinarily rapacious capitalist, Blankenship is credited with transforming coal into an "aggressive, partisan industry" where the goal was to extract coal "as fast and as cheap as possible."

Blankenship is a principle force behind the environmentally destructive "mountaintop removal" --- a practice that "has destroyed 2,000 miles of streams and damaged more than a million acres of forest," according to Jeff Goodell at Rolling Stone. Under Blankenship's leadership, the magazine reports, Massey also "injected toxic coal slurry," a biproduct of washing coal before its used for burning, "near underground aquifers" resulting in contamination of drinking water. (Where, elsewhere in the U.S., heart disease is the top killer, in Appalachia cancer is the number one cause of death.)

Last week's federal indictment, however, relates to "the Dark Lord's" role in the massive April 5, 2010 explosion at the Massey-owned Upper Big Branch mine ("UBB") that resulted in the deaths of 29 Massey employees. It was the nation's worst mine disaster in the past 40 years.

The indictment alleges that "Blankenship...conspired to commit and cause routine violations of mandatory federal mine safety standards," including "ventilation" regulations designed to prevent explosions, in order to maximize profits; that he "conspired to defraud the United States by impeding the federal Mine Safety and Health Administration ("MSHA") in carrying out its duties at UBB," and that Blankenship made "materially false statements...to the United States Securities and Exchange Commission" essentially to protect the value of Massey stock.

If convicted, Blankenship could wind up serving 31 years in federal prison. If convicted. Therein lies the rub....

Well, that was cowardly. But I suppose it's better than hearing the cases and churning out another twisted, activist justification for discrimination.

Rather than hear appeals from cases in Utah, Indiana, Oklahoma, Virginia and Wisconsin where marriage equality bans were struck down, the U.S. Supreme Court shocked court watchers today by deciding to avoid the issue of marriage equality as a Constitutional right entirely for the time being. Effectively, that means the lower-court rulings stand in each of those states, so freedom, liberty and the conservative Constitutional value of equal justice for all wins the day in each of them.

Evan Wolfson, founder and president of Freedom to Marry, a national organization dedicated to the fight for equality in all fifty states, said after today's Supreme Court punt: "This decision by the Court is a huge step forward --- and a clear green light for full-speed ahead --- but it needlessly postpones the national resolution that together we've been working so hard for. Freedom to Marry is committed to finishing the job."

Couples in six other states where the Circuit Court of Appeals' decisions will likely also apply include Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming.

With the addition of those 11 states, the list of states where marriage equality for all will soon be recognized will jump to 30, continuing to beg the question of which state will disgrace the Union as the very last one to allow equality, in this measure, for all of its citizens.

Hey! Great news! Just in time to practice up your hacking skills before the 2014 mid-term elections, you can now buy your very own ES&S iVotronic touch-screen voting system from eBay!...

Yes, the very same voting systems that are so incredibly sensitive and vulnerable to tampering (and which have failed so often in so many states and in so many elections) that both election officials and Elections Systems & Software, Inc. (ES&S) have long attempted to keep them out of the hands of the public, can now be yours for just $499.99 or "Best Offer" via eBay! And that includes Free Shipping!

And, oh, look! One of them is already sold!...

 

IN TODAY'S RADIO REPORT: Record fine for Big Coal company for 6,000 violations over 7 years; Opportunistic rightwingers push nonsense on Keystone XL; Colorado's Republican US Senate candidates pass climate denier litmus test; PLUS: Keystone XL loses another key supporter ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): China declares war - on pollution; Innovation: Transparent colorful solar cells have arrived; Federal Reserve sees severe weather impact throughout US economy; Americans have no idea how much water they waste; US infrastructure, landmarks threatened by rising sea levels; Britain's cars could run on rubbish... PLUS: Drought: California will learn what Texas did: by the time politicians and residents wake up to their wasteful ways, it’s too late ... and much, MUCH more! ...

Big news on the Big 'Clean Coal' front today, just breaking from AP's Dina Cappiello [emphasis added]...

In January of 2011, Alpha Natural Resources, then the third largest coal producer in the U.S., purchased Massey Energy Co. for $7.1 billion to become what Bloomberg News described as "the world’s third-largest metallurgical coal producer" and "the second-largest U.S. coal company by sales, with almost 14,000 employees."

The acquisition happened just months after the horrific April 5th, 2010 explosion at Massey's Upper Big Branch mine near Montcoal, West Virginia. 29 people were killed in the explosion, described as "the worst U.S. coal mining disaster in 40 years."

The tragedy at the Upper Big Branch mine would be upstaged just 15 days later, on April 20th, when BP's Deepwater Horizon rig exploded in the Gulf of Mexico, killing 11 workers and dumping some 5 million barrels of crude oil into the water over the next 87 days.

As coal and oil families mourned in WV and elsewhere, and as the country watched the unprecedented and unstoppable toxic discharge in the Gulf, it seems that Alpha was quietly poisoning rivers and streams in at least five states and fighting, along with fellow supporters of Big Fossil Fuel, to block the nation's transition to clean, renewable energy.

 

IN TODAY'S RADIO REPORT: British military deployed to combat extreme rain, flooding in UK; Oops - NC officials backtrack on water safety after massive coal waste spill; Another toxic coal waste spill into WV's drinking water; 2013 breaks record for billion-dollar extreme weather disasters; PLUS: We correct three --- count 'em, three! --- errors... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Heads up, Atlanta: new winter storm on the way; Too much winter, not enough propane in US; Oil industry double-dipping with government, insurance payments; Australia: weather service human-caused global warming responsible for record heat; WV chemical spill: 40% of homes still contaminated; BLM cheats taxpayers with giveaways to coal industry; Scientists criticize US decision to de-list wolves ... PLUS: Smear campaign: after scientist said weed-killer chemical was harmful, its maker pursued him ... and much, MUCH more! ...

 

IN TODAY'S RADIO REPORT: Keystone XL pipeline moves one step closer to approval; Britain pummeled by record rain and floods; Another coal-related spill contaminates drinking water, this time in North Carolina; PLUS: The Arctic wins again --- for now --- as Shell Oil drops plans to drill this summer ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Great Barrier Reef to become sludge repository for Big Coal port; World's largest solar thermal plant opens in CA; Iceland taps magma for energy; Senate passes Farm Bill; Safe, Schmafe: Pesticides ok for kids?; Environment loses in Russia's race to Sochi; US food companies go GMO-free in EU; Chemical Safety Board underfunded, understaffed at critical time ... PLUS: Video: Wingnuts think Southern snow was faked by the government ... and much, MUCH more! ...