Legalectric

A friend found this on her door in Richfield today.  Called the number, 651-771-1500, and asked that they not flyer her house (is there a “Do not lit drop” list?), and got a ration of hateful verbal abuse.

I went to the site, “Planned Parenthood Exposed,” and it’s pretty rabid.  EEEEEUW.

How’s this, according to them, Planned Parenthood  would “aid and abet the sex-trafficking of minor girls” (linked below):

Investigations found seven Planned Parenthood clinics in four different states were willing to aid and abet the sex-trafficking of minor girls by supplying confidential birth control, STD testing, and secret abortions to underage girls and their traffickers.

Or this (linked):

Planned Parenthood received over $500 million in forced taxpayer funding last year. And the nation’s largest abortion corporation is teaching the children it doesn’t abort to abuse, degrade, and torture each other for sexual satisfaction.

It’s an operation of “Prolife Action Ministries” — and today, lit drops claiming “Planned Parenthood is Preying Upon Your Community.”

It’s too bad my brother isn’t in the neighborhood anymore — I’m sure he and Oggy would like to have a chat with them!

Here’s a blurb on their site that has me scratching my head?  If you can figure it out, let me know how it’s possible to “dramatically increased the number of babies killed by abortion in 2013” “in spite of the number of abortions being performed in Minnesota dropping to its lowest level since before 1975.”  Am I missing something here?  I’d think they’d be happy that the number of abortions are dropping…

Planned Parenthood Dramatically increases abortions

Minnesota Abortions at Lowest Level since Before 1975

(July 1, 2014) – Planned Parenthood, Minnesota’s abortion giant, dramatically increased the number of babies killed by abortion in 2013 according to the just released Report to the Legislature by the Minnesota Department of Health.  This in spite of the number of abortions being performed in Minnesota dropping to its lowest level since before 1975.

“Clearly, Planned Parenthood equals abortion.  Planned Parenthood has attempted to rebrand itself as healthcare, but it remains nothing more than the state’s greatest purveyor of abortion,” said Brian Gibson, Executive Director of Pro-Life Action Ministries.  “There is no truth to its propaganda about reducing abortions.  This organization finds a way to dutifully increase its abortion numbers in accord with Planned Parenthood Federation of America’s quotas while Minnesota’s abortion number continues to decline,” Gibson continued.

Planned Parenthood opened a referral clinic in Richfield on Monday which targets the Hispanic community in a continuing effort to expand its abortion business.

Three cheers for Rep. John Kowalko, who was on the front lines taking the heat about his opposition to the “Data Center” natural gas plant proposed for Newark.

This from Alan Muller, Green Delaware:

“ Gas attack: U of Delaware kills $1 billion data center/power plant.”

“The Data Center” was a scam so blatant, so absurd, that it should never have gotten any traction at all.

That it did is a sad commentary on the intellectual and ethical emptiness of Delaware’s “Chamber of Commerce” business community, and, of course, the administration of Gov. Jack Markell.  The so called “Delaware Economic Development Office,”especially, demonstrates a consistent and predictable idiocy backed up by secrecy and dishonesty.

Per usual in Delaware, the scam was assembled by various parties, including the Markell Administration, the University of Delaware, and the City of Newark, before the public was given notice.  Then, it was rolled out as a done deal.  Thankfully, it apparently has been undone.  (Note that the objection is mostly to the power plant, not to a data center as such.)

Aside from the obvious lie of saying a 278 megawatt gas-burning power plant was “auxiliary” to a data center, consider the un wisdom, or the symbolism, of a large new fossil-fuel power plant in a state so vulnerable to the effects of climate change that much of it will soon enough be under water.  Delaware has the lowest mean elevation of any state at 60 ft above sea level.   (Florida and Louisiana are next at 100 ft.)  The mean elevation of Kent County is only 36 feet.  Current measured sea level rise is around 3.4 mm per year and speeding up–it varies from place to place–and almost every new official prediction of sea level rise is higher than the last one.  See “ Waters rising … Delaware going away?”

It is long past time to be shutting down the the existing combustion power plants that drive climate change and sea level rise, far less a time to be building new ones.  (The total generating capacity in Delaware is on the order of 3300 megawatts.)

In the face of this, Markell has allowed investment in wind, solar, and energy efficiency to mostly come to a stop–suiting the interests of Delmarva Power–while embracing various schemes for burning more natural gas.  (All considered, it appears that the climate change impact of natural gas is at least as high as coal, because of the unburned methane emissions.)

Residents of the City of Newark, and faculty and students of the University of Delaware came to life to oppose a scam in which the City and the Administration of the U of D were deeply involved.  In recent decades is has been rare to see signs of political life in Newark, but self-interest does have an energizing effect.  See Newark Residents Against the Power Plant.

The Delaware Chapter of the Sierra Club (especially Amy Roe) and the Delaware Audubon Society contributed.

But the real hero of this fight, in my opinion, is Rep. John Kowalko of Newark.  Kowalko relentlessly sought accurate information from various parties so he could represent the true interests of his constituents.  It doesn’t take a lot of courage for professors or environmentalists to oppose a power plant, but Kowalko, a longtime union man, took a lot of heat from any-job-at-any-cost Delaware union officials.

Kowalko, as usually does, behaved with gumption, integrity, and right-on values.   Consider the oath of office that Delaware’s Constitution prescribes for public officials:

 I, (name) , do proudly swear (or affirm) to carry out the responsibilities of the office of (name of office) to the best of my ability, freely acknowledging that the powers of this office flow from the people I am privileged to represent. I further swear (or affirm) always to place the public interests above any special or personal interests, and to respect the right of future generations to share the rich historic and natural heritage of Delaware. In doing so I will always uphold and defend the Constitutions of my Country and my State, so help me God.

How many legislators take their oath seriously?  John Kowalko is one who clearly does.  (I don’t know what role has been played by Senators representing the area.)

Compare the “Data Center” fight with the fight of people around Millsboro against a giant Korean chicken-killing plant, another Markell project just as absurd and undesirable.  See “ Just how disgusting can the Markell administration get? Is there any bottom?”  That area is represented by Gerald W. Hocker and John C. Atkins, two of the most special-interest-serving legislators in Delaware.  (Atkins has been in the news recently, and Green Delaware has featured him before.)

Friday and Saturday are forecast to be Code Yellow bad air days in Delaware.  Saturday is also Code Yellow for particles.  Some discussion of the meaning of this is here.

Alan Muller

Muller and Kowalko just prior to arrest at Legislative Hall years ago

The Minnesota Public Utilities Commission is to take up the proposal for revisions to Minn. R. Ch. 7829, which is the PUC’s practice and procedure chapter.  I call it their stealth rulemaking docket.

    A little birdie told me that the Commission will publish a Notice of  Intent to Adopt based on the draft filed on July 9, and delegated to Commissioner Lipschultz the authority to make necessary, non-substantive edits for cleanup and consultation with the Revisor, before publication in the state register.

It will be coming back up for public comment probably in the next month or so once the draft is published.

Here’s the draft filed July 9:

Staff Briefing Papers_(Last Minute)_20147-101333-01

Here’s what was filed on July 2 (link may not work, eDockets is funky, “eFiling Image Repository is unavailable. We’re sorry, your search cannot be completed at this time. If you feel you have reached this message in error, please Contact Efiling.Admin@state.mn.us“):

Briefing Papers 13-24.pdf. JULY 10, 2014 AGENDA

The new filing didn’t appear in e-dockets until this morning, as I understand it, because of technical problems with e-dockets over the last 24 hours or so.

I’ve been concerned about this chapter for a long while, and submitted a Petition for Rulemaking some time ago:

Overland Petition for Rulemaking-7829

Here are the rules:

7829 Utility Proceeding, Practice, Procedure

Here’s the notice and proposed changes:

Request for Comments_20132-83863-02

Proposed Rules

It’s been an odd rulemaking.  They published the initial notice of “potential” rulemaking, or some such, but who got it?  Not moi… and I learned of it only just before it was to go before the PUC.  Here are a couple of posts:

PUC’s Stealth 7829 Rulemaking Docket

June 4th, 2013

PUC requests Comments on 7829 rules

August 8th, 2013

American Wind Energy Ass.’ John Anderson is spouting off in the DelmarvaNow Opinion section, and good thing it’s in the Opinion section because it’s a little skewed on facts and displays a disturbing outlook.

Anderson’s bio says:

I am the industry lead on national wildlife and non-wildlife siting issues for both land-based and offshore wind development. In this role, I get to work on critical issues related to the deployment and operations of U.S. wind energy facilities, which – once addressed – will aid in the advancement of a form of energy generation that is key to combating climate change.

Two things jump out at me:

• John Anderson is the industry lead, but I’m not seeing anything about development of wind siting that’s respectful of humans or wildlife, and in his opinion piece, it discounts documented issues of eagle kills and projected eagle kills and it minimizes the potential for eagle and other bird kills via wind turbines.

• John Anderson advances the fiction that “deployment and operations of U.S. wind energy facilities, which – once addressed – will aid in the advancement of a form of energy generation that is key to combating climate change.”  Oh, pleeeeeeeaze…  Building wind turbines does not reduce carbon emissions — shutting down coal plants does.  Not one Renewable Energy Standard/Mandate links building and using renewable energy generation with shut down of any generation that produces CO2.  PERIOD.  There is no link.  This is a problem that needs to be corrected, but as it stands, building all the wind in the world, adding to the existing surplus of generation, will not decrease carbon emissions.  The economic depression actually did something for reducing CO2 emissions, but we’ve got a surplus.  AWEA is a big fan of transmission, which rather than force shutdown of the CO2 emitters, adds to transmission capacity for regional marketing, and allows those coal plants to continue operating.  If they were shut down, there’d be plenty of capacity for all the wind they could want on those wires, actually taking the place of the coal now on the wires.  The massive transmission build-out is all about keeping “Coal on the Wires.”  ICF – Midwest ISO Benefits Analysis explains it quite well, and succinctly, when it states that the benefits of the transmission build-out is best achieved where coal displaces natural gas.  Great… just great policy…

I’m concerned about this both as an attorney who has worked for clients intervening in wind project dockets with significant eagle kill issues, modeling showing deaths of both Bald Eagles and Golden Eagles would occur (see record for the Goodhue Wind project here in Goodhue County, PUC Dockets 08-1233; 09-1176; 09-1349 and 09-1350), and as a former board member of the National Eagle Center, referenced with a quote from its site (though he’s misnaming it as “National Bald Eagle Center.”  The name is a BIG deal to the National Eagle Center.)  I’m also concerned about this because its appearing in Delmarvanow, as I have ties to Delaware and my partner Alan Muller is Executive Director of Green Delaware, instrumental in the Delaware Public Service Commission’s RFP selection of a wind/gas combo in a level playing field comparison between wind, natural gas, and IGCC (coal gasification).

It seems the lessons of the Goodhue Wind Project and its Avian and Bat Protection Plan, typical of wind projects and eagle take permits in Minnesota, need review:

AVIAN AND BAT PROTECTION PLAN

U.S. Fish and Wildlife predicted the following eagle mortality would accompany the small 78MW Goodhue Wind Project a/k/a New Era Wind Farm, and yes, folks, it would require an eagle take permit:

USFWS Comment on Goodhue Avian & Bat Protection Plan January 16, 2013

Let’s be clear — an eagle take permit is a federal permit allowing the permit holder to kill eagles.

The National Eagle Center’s website states under “Do wind turbines need an eagle take permit” an incorrect answer:

An eagle take permit is not required for a wind turbine project to proceed, however, if harm to eagles results, the company would then be subject to prosecution. The eagle take permit process itself requires that mitigation procedures to limit potential harm to eagles be put in place, as well as mandatory data collection and regulatory oversight of the project.

This needs correction.  Many wind projects do require take permits.  Eagle take permits are on a project by project basis and they absolutely can and are required for wind projects, the project here in Goodhue a local example.  FYI, it’s not just wind projects, it’s transmission that kill eagles too, and the AWEA folks are fond of promoting transmission “for wind” (NOT).  The CapX 2020 transmission project required eagle take permits for its Belle Plaine Minnesota River crossing and for the Mississippi River crossing near Alma, Wisconsin.

Today at Delmarvanow.com:

John Anderson

To Americans, the bald eagle symbolizes our freedom, spirit and democracy. With National Bald Eagle Day happening every year at the end of June, we are reminded of the need to do all that we can to care for and protect our national bird across the country.

Many man-made threats to eagles exist in the landscape today, including power lines, mercury and lead poisoning, and illegal shootings — with thousands killed annually by these sources. Further, according to most in the scientific community, the single greatest threat to them, and all wildlife, is climate change.

That’s why National Resources Defense Council Executive Director Peter Lehner has said, “We need to move as quickly as possible to the clean energy future, and scaling up wind power will be a big part of the solution,” and why ConservAmerica President Rob Sisson said, “Developing energy from America’s abundant renewable natural resources must be our priority, not only for the tremendous economic benefits it yields, but because it’s one of the best tools available to help conserve wildlife, including eagles.”

All sources of energy generation, and human activity for that matter, have an impact on the natural environment. However, Americans are confronted with needing to make choices about how to generate the electricity necessary to power our modern society and doing so in the least impactful way.

According to the National Bald Eagle Center, stewards of National Bald Eagle Day, the overall impact of wind turbine collision on eagle populations is minimal compared to other sources of mortality. While unfortunate, eagle losses at modern wind farms are a rare and random event, with only a few bald eagles having ever been observed to have died in collisions with a wind turbine.

Studies of the life cycle impacts of the six major energy generation sources have shown wind energy has the lowest environmental impact of any form of electricity generation, as it emits no air or water pollution, uses no water in the generation of electricity and creates no hazardous or radioactive waste requiring permanent storage. In fact, pollution-free, renewable wind energy was built on a legacy of care and has expended significant resources proactively minimizing its impact on wildlife while representing an economical solution to mitigating the effects of climate change.

American wind power is one of the cheapest and most reliable ways we can rapidly reduce carbon pollution and solve the challenges of climate change. The American wind fleet avoids 127 million tons of carbon emissions a year, the equivalent of reducing power sector emissions by 5 percent or taking 20 million cars off the road. Wind energy is the single largest zero-emission, newly installed energy source for the past three decades. As it continues scaling up from more than 5 percent today to 20 percent of the U.S. power grid and beyond, the pollution savings will rapidly grow.

The wind energy industry does more to address its impacts on eagles than any of the other, far greater sources of eagle mortality known to wildlife experts. Wind has taken the most proactive and leading role of any utility-scale energy source to minimize wildlife impacts in general, and specifically for eagles, through constantly improving siting and avoidance and minimization techniques, and identifying options to offset the industry’s comparatively minimal impacts.

In recognizing that some human impact on eagles is unavoidable, during the last two years the U.S. Department of the Interior worked with major conservation groups and other stakeholders, including the wind energy industry, to make available limited authorization, for up to 30 years, for the taking of eagles that is incidental to and not the purpose of otherwise lawful activities. The permit is available to all sources of human-caused eagle mortality including oil and gas development, electric utilities and transportation, and was designed to conserve eagle populations by providing for a net conservation benefit for an eagle lost.

Protecting and caring for our national bird is important to the wind industry, which is why we proactively work with conservationists and regulators to find ways to minimize and fully offset our impacts.

As we take a moment each year to celebrate Bald Eagle Day, remember, the American wind energy industry is doing its part to keep bald eagles safe while providing a clean, affordable means of generating electricity, which is one of the key tools to addressing the impacts of climate change.

Much as I love our friends at Xcel Energy, I’m really losing my patience.  I’ve got a brief to write.  Can’t concentrate with all that noise going on…  Can’t go office at the St. James or Caribou without a pack mule for all the crap that constitutes the file.  AAAAAAAAAAAAAGH!