Mon, 2014-09-08 12:46Ben Jervey
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Massachusetts District Attorney Makes History: Recognizes Necessity of Defending Climate

This morning, a District Attorney in Massachusetts made history as he recognized the “necessity defense” of climate-related civil disobedience, and reduced the charges for two activists charged in their Lobster Boat Blockade.

Some quick background. Back in May 2013, Ken Ward and Jay O’Hara boarded their lobster boat, navigated to the shipping channel at the coal-fired Brayton Point Power Plant in southeastern Massachusetts, and dropped anchor. For six hours, the two climate activists and fishermen blocked the “Energy Enterprise” steam ship from delivering Appalachian coal from reaching the power plant.

The “Henry David T,” Ward and O'Hara's boat, blockading the coal ship. Photo: LobsterBoatBlockade.org

The two were arraigned later in the year on four charges in relation to their act of civil disobedience, including conspiracy.

This morning, Ward and O’Hara were due in court, and their lawyers — along with a number of climate experts in Fall River to present testimony to the trial — had intended on using the “necessity defense” to argue that their actions were necessary to combat the greater threat of climate change.

Ward and O'Hara had sought to become the first American climate activists to use this “necessity defense”, arguing that “the blockade was necessary in light of the imminent threat of climate change.” They had planned to call former NASA climatologist James Hansen and environmentalist Bill McKibben to the stand as expert witnesses.

Scheduled for two days, the court proceedings were over in a less than an hour, as Bristol County District Attorney Sam Sutter immediately dropped the conspiracy charge, and reduced the other charges to civil infractions.

“The truth is that taking these sorts of actions is necessary in light of the drastic news that continues to be described by the science. This decision by the District Attorney is an admission that the political and economic system isn’t taking the climate crisis seriously, and that it falls to ordinary citizens, especially people of faith, to stand up and take action to avert catastrophe,” said O’Hara.

Mon, 2014-09-08 11:56Justin Mikulka
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How Many Crude Oil Scientists Will Testify At Congressional Science Committee Hearing on Bakken Crude? Zero

Bakken crude

Bakken petroleum: the substance of energy independence.

If you think that sounds like the latest branding from the oil industry’s public relations efforts, you might be right. However, it isn’t an ad — it is the title of the congressional hearing on Bakken oil on Tuesday.

When North Dakota congressman Kevin Cramer first announced he would hold this hearing, he promised to bring together the top scientists to discuss the properties of Bakken crude.

Here’s how he explained it when being interviewed by the 6:30 Point of View television show. 

I want three good solid scientists… consultants apart from all of the politicians and the presidential appointees. And I’ve promised them a very fair thorough review of the data and the evidence and the information. So that we can, you know, answer definitively and scientifically what is the volatility, if you will, of Bakken crude. How does it compare to other crudes?”

Congressman Cramer was apparently unable to find those three good scientists. Here are the five people who will be witnesses at the hearing.

Sun, 2014-09-07 08:00Julie Dermansky
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Louisiana's St. Tammany Parish Comes One Step Closer to Fracking

St Tammany Parish Fracking

The Department of Louisiana Natural Resources (DNRhas approved a unit permit for Helis Oil & Gas Company for a site in St. Tammany Parish that the company plans to frack. 

The department’s decision came on Friday, August 29, the ninth anniversary of Hurricane Katrina and the beginning of the Labor Day weekend.

Releasing the news on Friday is typical of Louisiana's government. It is another demonstration of how DNR is an advocate for the oil industry, not the people,” retired Lt. Gen. Russel Honoré, founder of the Green Army, told DeSmogBlog. “They know the majority of the parish do not want fracking and that they are doing something the people don't want. Releasing the news like that is disrespectful.”

Fri, 2014-09-05 13:30Justin Mikulka
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Safety of Citizens in Bomb Train Blast Zones in Hands of North Dakota Politicians

Lac Megantic train explosion

When North Dakota Congressman Kevin Cramer was asked recently if it was scientifically possible to make Bakken crude oil safer by stripping out the explosive natural gas liquids with a process like oil stabilization, his response was quite telling.

So scientifically can you do it? Sure, but you have to look at it holistically and consider all of the other elements including economics, and is the benefit of doing something like that does that trump other things like speed of trains, and what kind of cars,” he said.

This is very similar to the comments made by Lynn Helms of the North Dakota Department of Mineral Resources according to the July 29 meeting minutes provided to DeSmogBlog by the Industrial Commission of North Dakota.

In response to a question regarding other mechanisms besides oil conditioning in the field, Mr. Helms stated there are other mechanisms — none of them without a significant downside….It makes sense to do the conditioning in the field. There are other options to do it downstream somewhere in a very large and very expensive operation.”

Fri, 2014-09-05 12:00Mike G
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Federal Judge: BP's "Willful Misconduct," "Gross Negligence" Led To Deepwater Horizon Disaster

A federal judge in New Orleans minced no words in handing down a ruling this week that found BP's “willful misconduct” and “gross negligence” caused the worst offshore oil spill in U.S. history.

The ruling is the result of a jury-less trial to determine who was at fault for the 2010 Deepwater Horizon disaster and oil spill. The trial was held by District Judge Carl Barbier in New Orleans.

A blowout at BP's ultra-deepwater Macondo well in the Gulf of Mexico on April 20, 2010 caused an explosion that took the lives of 11 workers on the Deepwater Horizon rig, which then sank to the bottom of the Gulf, some 5,000 feet below, leaving the well to spew oil for 87 days until it was capped.

Barbier rejected BP's assertion that Transocean, which leased the Deepwater Horizon rig to BP, and Halliburton, which was contracted by BP to do cement work on the well, deserved equal shares of blame. “BP's conduct was reckless,” Barbier wrote in his 153-page ruling. “Transocean's conduct was negligent. Halliburton's conduct was negligent.”

The judge assigned 67 percent of the fault to BP, 30 percent to Transocean, and 3 percent to Halliburton. According to Bloomberg, this makes BP liable for as much as $18 billion in fines. Having been found merely negligent, Transocean and Halliburton aren't facing such hefty punitive damages.

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