Lawsuits against fossil fuel companies reach 2,000

In an article in The Guardian called “‘Game changing’: spate of US lawsuits calls big oil to account for climate crisis” by Dharna Noor, it notes the litigation regarding climate change litigation is increasing globally and in the US. Here are a few salient paragraphs:

“Climate litigation in the US could be entering a ‘game changing’ new phase, experts believe, with a spate of lawsuits around the country set to advance after a recent supreme court decision, and with legal teams preparing for a trailblazing trial in a youth-led court case beginning next week.

The number of cases focused on the climate crisis around the world has doubled since 2015, bringing the total number to over 2,000, according to a report last year led by European researchers.

The US has not always led the way, but experts say that could be changing as:

The first constitutional climate lawsuit in the US goes to trial on Monday next week (12 June) in Helena, Montana, based on a legal challenge by 16 young plaintiffs, ranging in age from five to 22, against the state’s pro-fossil fuel policies.

A federal judge ruled last week that a federal constitutional climate lawsuit, also brought by youth, can go to trial.

More than two dozen US cities and states are suing big oil alleging the fossil fuel industry knew for decades about the dangers of burning coal, oil and gas, and actively hid that information from consumers and investors.

The supreme court cleared the way for these cases to advance with rulings in April and May that denied oil companies’ bids to move the venue of such lawsuits from state courts to federal courts.

Hoboken, New Jersey, last month added racketeering charges against oil majors to its 2020 climate lawsuit, becoming the first case to employ the approach in a state court and following a federal lawsuit filed by Puerto Rico last November.

‘I don’t know of another time in history where so many courts in so many different levels all over the globe [have been] tasked with dealing with a similar overarching issue,’ said Karen Sokol, law professor at Loyola University New Orleans College of Law.

Research also continues to unearth more about the fossil fuel industry’s knowledge of climate change. A January study revealed that Exxon had made “breathtakingly” accurate climate predictions in the 1970s.“

2,000 and counting court cases is quite telling. What has long troubled me is the scientists for the fossil fuel industry used used to speak at conferences over their concerns of climate change, then called global warming. Shell Oil scientists even made an educational video back in the mid-1990s.

But, that was all before the industry adopted a “naysaying campaign” armed by adverting consultants who helped the tobacco industry deceive the public about nicotine. Like that industry, the fossil fuel companies know what they do is harmful.

Now, kids and young adults are part of a movement in these lawsuits saying stop hurtin the planet we live on. And, stop the lying which continues to this day. I hope their efforts bear fruit. We need it to.

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Reverend Barber deserves some respect

Reverend William Barber has been a driving force behind a “Moral Monday” movement which began in North Carolina and has now given him a national platform. He has been arrested several times for protesting on behalf of the impoverished and disenfranchised.

I have actually seen him speak a couple of times and his passion is infectious. His reward from the NC Republican Party is to vilify him. The party does not like his uncomfortable truths. But, the latest attack is to write on a party website that he is a “poverty pimp.” The website left the words up even after others called the words racist. To his credit, the Reverend said he is not going to get into such name calling,

Whether one agrees with policy statements made by Reverend Barber, to refer to him as a “poverty pimp” is extremely distasteful. He has done so much for the disenfranchised. And, to leave such reference up after being told of its racist tone reveals how low the Republican Party has fallen.

I am beyond tired of the name calling that masks debate. When people name call in such poor taste, I immediately give those called names more attention. To me, name calling reveals a person or group with a poor argument. It should not be lost on anyone that the person who name calls the most is the former president. That style of argument should not be emulated if you want people to take you seriously. In his case, I don’t.

Barber is calling attention to the needs of many. Not giving his arguments the response they deserve is beyond poor form.

Sounds of Sunday

One of the best things about getting up early on Sunday is the silence. The neighborhood sleeps in and car traffic is minimal, especially the yard service companies that mow and trim lawns.

So, with a cup of good coffee, I can enjoy the solace. My wife usually rises later so I can enjoy a few minutes to myself. This morning, the only sound is the hum of the dishwasher.

I grew up with a church going mother, so Sundays as a youth were more frantic. We were obligated to go to Sunday school and church. So, the only peace and quiet was as we day dreamed during the minister’s sermon.

In church, we would hope the hymns were the more upbeat ones we liked. But, that was not always the case. We would also hope the music director would skip a verse or two. When he said we would do all six verses of “Just as I am” that was not the uplifting comment he hoped.

We still get the newspaper on Sunday, so it is a treat to read something in your hands. Our newspaper is actually very good with its in-depth articles, so they are worth the read. Plus, they run a more complete set of op-Ed pieces on this day, so that is enjoyable.

So, enjoy your Sunday. Hiking, running, movie-watching, sports playing or watching, etc. are there to be consumed. Take care.

About that woke thing – per the wisdom of Reverend John Pavlovitz

From the wisdom of a progressive and practical minister named John Pavlovitz, his latest post called “My woke liberal agenda” is responding to be called woke and how dangerous that is. The entire post can be found below with the link. Picking up his response to several accusations by a critical blogger who said after earlier comments:

“You liberals and your agenda are the real danger here!” 

Reverend Pavlovitz then opined for us:

“Then it hit me.
I realized that I’d been found out.
My cover had been blown.
I’d have to come clean and cop to the charges.

I knew I needed to make a full confession to my social media prosecutor and to the watching world—so here it is,

My ‘Woke Liberal Agenda’ on gun violence:

Not normalizing the fact that tens of thousands of people are murdered each year in American schools, churches, supermarkets, and playgrounds—and calling out the professed Christians not worshiping the guns used to kill them.

Asking why, in their rabid and incessant defense of the 2nd Amendment, Conservative American gun lovers willfully overlook both the ‘well-regulated’ and ‘Militia’ portions.

Wondering why these same folks seem far less passionate about the 1st Amendment, when people like me suggest that their guns and their gunlust may actually be the gun problem we have here.

Asking why America has the highest gun homicide rate of any developed country—and suggesting that it has something to do with the NRA’s influence on the gun laws of this country, the number of guns in the system, and the cowboy culture created around them.

Forcing Republicans out of the bed they’re in with the NRA, because their continual expression of ‘thoughts and prayers’ when followed by complete inaction—may as well be bullets for the next mass shooting.

Mentally ill people and criminals not having access to handguns—and asking Republican leaders why they removed the barriers that made such things difficult and why they have continually defunded mental healthcare.

Respecting mass shooting victims enough to talk about them while the world actually gives a damn about them—and before they’re soon replaced the next day or the next week by more mass shooting victims we’re told that it’s ‘too soon’ for us to talk about.

And while we’re at it, here’s the rest of my woke Liberal Agenda:

Demanding that the actual history of America be taught to American children, including the parts white Conservative Christians find uncomfortable.

Insisting the LGBTQ human beings be given every right to govern their bodies, define their families, marry the person they love, and live free of the moral views of strangers.

Pushing back against Nazis, white supremacists, and racists—whether they’re marching in the streets or marching through Congress.

Ensuring that women and have autonomy over their own bodies and that their doctors get to advise them on their healthcare decisions, not Republican politicians.

Exposing a white Evangelical Church that passionately cultivates contempt for LGBTQ people, for Muslims, for non-Christians—and wants to escape culpability for the violence this visits upon them.

Contending that people fortunate enough to be born in America aren’t more inherently valuable or more deserving of liberty than those who were not born here.

Affirming that God is neither white, nor male, nor American, nor Christian—and that God doesn’t specifically bless America.

Demanding that no one have to choose between life-saving care or paying their mortgage.

Opposing any religious tradition that attempts to contest with musty doctrine, what Science has made clear about this world.

Insisting that the air we breathe, the water we drink, and the planet we’re sitting on be protected from degradation—not subjected to it by those of us fortunate enough to be here.

A diverse and equitable nation that makes room for more than just white American, Republican Christians who were lucky enough to be born here.

Yeah, you know—now that I see it all in black and white like this, I suppose it is dangerous: fewer guns, more barriers to having them, less money for gun lobbyists, Christian politicians and leaders who actually resemble Jesus—and equality for people despite their gender identity, sexual orientation, physical condition, religious tradition, pigmentation, or nation of origin.

I could see how someone could view that as a problem, how it could feel threatening.

Yes, I stand here accused of this subversive, dangerous, supposedly America-destroying woke Liberal Agenda.”

I will let us words stand without much comment. His opinion is one we should pay attention to, whether you or in full agreement or not. His best gift is to make us think and be aware of how that is or is not aligned with the teachings of that Jesus fellow.

https://johnpavlovitz.com/2023/05/18/my-woke-liberal-agenda/

PFAS forever chemicals continue to show up around the country

This is a repeat of a post from last year about more forever chemicals showing up with prior knowledge of the polluter, this time in New Hampshire. As of this writing, there is an issue with older plants in the Cape Fear River basin near Wilmington, NC. And, not totally unrelated, the Marine Camp Lejeune about an hour away had been poisoning Marines and their families for several decades with chemical run off into the water supply. The piece from last year sadly still rings true.

Recently, I have written several posts about the poisoning in groundwater by companies who use these forever chemicals referred to by their acronym of PFAS. Dupont was highlighted in the movie “Dark Waters” about the true story surrounding their making of Teflon in a West Virginia plant, where they denied for years what they admitted knowing in their files. In short, PFAS (or per and polyfluorinated substances) “is a harmful manmade set of chemicals that don’t break down in the environment and can cause medical issues like some cancers if consumed enough.” See the fact sheet below from the CDC.

In an article in The Guardian yesterday by Tom Perkins called “‘They all knew’: textile company misled regulators about use of toxic PFAS, documents show,” we learned that Dupont was not the only company to hide the fact the making of and disposal of waste from their product was causing major health concerns in adults and children in the area. Here are a few paragraphs from the article that can be linked to below.

“A French industrial fabric producer that poisoned drinking water supplies with PFAS ‘forever chemicals’ across 65 sq miles (168 sq km) of southern New Hampshire misled regulators about the amount of toxic substance it used, a group of state lawmakers and public health advocates charge.

The company, Saint Gobain, now admits it used far more PFAS than regulators previously knew, and officials fear thousands more residents outside the contamination zone’s boundaries may be drinking tainted water in a region plagued by cancer clusters and other health problems thought to stem from PFAS pollution.

Saint Gobain in 2018 agreed to provide clean drinking water in the 65-sq-mile area as part of a consent agreement with New Hampshire regulators, and damning evidence suggesting it used more PFAS than previously admitted surfaced in a trove of documents released in a separate class-action lawsuit.

‘People are sick, there are really high cancer rates and people literally have died, so when you see what’s happening and the company acts like this – it’s really upsetting,’ said Mindi Messmer, a former state representative who analyzed the documents and sent them to the New Hampshire attorney general and state regulators.

Saint Gobain has denied wrongdoing. PFAS, or per- and polyfluoroalkyl substances, are a class of about 12,000 chemicals used across dozens of industries to make products resist water, stains and heat. The highly toxic compounds don’t naturally break down, and are linked to cancer, thyroid disease, kidney problems, decreased immunity, birth defects and other serious health problems. They have been called ‘forever chemicals’ due to their longevity in the environment.

Saint Gobain Performance Plastics’ Merrimack, New Hampshire, plant had for decades treated its products with PFOA, one type of PFAS, to make them stronger. The company released PFOA from its smokestacks and the chemicals, once on the ground, moved through the soil and into aquifers. Hundreds of residential and municipal wells pull from the groundwater.“

Please look through the CDC Fact Sheet below. If you have not seen “Dark Waters,” please watch it as it shows how Dupont knew and covered up their poisoning of others, then was shown verified causal data from the largest sampling of people in a scientific study and reneged on an offer to help and then lost successive lawsuits before they settled the remaining cases in a class action. I am sure there are some theatrics in the movie, but over all the movie will disgust you that leaders of a company could be so brazen. And, stop using Teflon cookware as their poison resides within many of us if we did.

Companies must be held to account. Leaders must be held to account. And, it cannot be so rarely done, that they make a movie out of the effort. Rob Bilott, the attorney who fought Dupont and Erin Brockovich cannot be the only folks recognized for fighting these battles.

https://www.cdc.gov/biomonitoring/PFAS_FactSheet.html

https://www.theguardian.com/environment/2022/aug/05/saint-gobain-textile-company-toxic-pfas

https://www.theguardian.com/us-news/2022/jul/12/north-carolina-pfas-toxic-forever-chemicals-cancer

Sand castle virtues – a repeat of an important theme

I was listening closely to an old song called “Thick as a Brick” by Jethro Tull, when a phrase struck me more so than before. Jethro Tull is renowned for interesting and unusual lyrics mixed in with equal parts flute, guitars and piano making a unique sound. Yet, amidst the lyrics is a reference to “sand castle virtues.” Here is the stanza which includes the term, penned by Ian Anderson:

“And the sand castle virtues are all swept away
In the tidal destruction, the moral melee
The elastic retreat rings the close of play
As the last wave uncovers the newfangled way”

I found this reference profoundly insightful, as many of our so-called virtues are not as concrete as we would like them to be. In other words, they are easily washed away by the waves and replaced by a modified version meeting a new paradigm. This is one reason people can support a candidate or politician who changes posture on a topic. Or, when the candidate was against an issue earlier when the opposing party supported it, but now favors it as it suits his interests today, we followers can overlook the previous stance.

The tide has washed away the previous virtuous stance and has been replaced. What is interesting to me is this song was written in the 1970s, so it is referencing that these malleable virtues or positions have been around a lot longer than today. The only difference is today we can more easily find the previous position, which may have only been stated a few years before. Yet, we don’t ask questions of why you have changed. In essence, we are “thick as a brick” by not staying on top of things and realizing when smoke is being blown at us.

Speaking through my imperfections, I find it hard to fathom why we choose virtues like we are at a cafeteria. A friend of mine uses the reference to “cafeteria Christians,” not to pick on this religion, but use it as an example. Some will cherry pick the parts of the bible they support, but overlook overarching themes. But, this occurs in other religions as well.

If we focus on the overarching virtues and endeavor to do the right thing, we will be on more solid footing. It is when we try to massage a virtue to meet an ideologue or a position, do we risk our position being washed away with the tide. Here are few that would solidify our foundation:

– Treat others like you want to be treated

– Be more inclusive, rather than exclusive

– You have two ears and one mouth, use them in that proportion

– Kindness is not a weakness and in fact is a quiet strength

– It is easy to love someone when things go well; only when they don’t is it hard

– Help your neighbor when he needs it, as you may be in need one day

– Pay attention to what leaders are doing and shine a light on poor behavior

– Treat our environment well for the next generation, which is even noted in the bible

I could go on, but these are a few virtues that would not be washed away. These virtues are far more than sand castles and could stand the greater test of time and barrage of waves. And, if we did these things day in and day out, they would become ingrained making us less “thick as a brick.”

To all our sexy mothers (a reprise on a special day)

To put your mind at ease, my thoughts are for our wives and single mothers, not for my mother, who I think of differently as a son, although she was quite the looker when younger. As my wife and I drive back from visiting my mother, my wife is singing along with the Divine Ms. M as she takes her turn behind the wheel.

What we and others love about Bette Midler is the range of music and emotions she will take you through from the pious to the profane. As she can be a tad bawdy, it reminded me that my wife and the mothers of our children are like Bette and should never forget that sexy woman they are.

And, it is essential that we husbands and boyfriends should remind them of such. Erika (Erika Kind) and Holly (A Heart Afire) have written posts today about unconditional love, being not only supportive but attentive to the needs of each other. Being able to see past the shortcomings and see the beauty and sublime. As I write this, my wife and Bette are singing the lyric “Did you ever know that you are my hero?” which seems fitting.

Yet, we should never lose sight of her sensuality and sexuality. It is those things we do throughout the day that really are the beginning of foreplay. The kiss on the back of the neck, the phone call during the day, the touch of a hand, caress of a cheek or massage of her feet. Or, it may be the glimpse of how good she looks in that blouse or pair of jeans or seeing her barefoot with bared shoulders under a long sun dress while she prances around the house. Our friend Erika called them “almost shy gestures” that make a difference.

So, let’s not forget our sexy mothers. And, remember they are the women who look past our shortcomings. We guys have our share. Happy Mother’s Day.

PS – Just a sidebar, if our mothers were not found sexy by our fathers, we might not be around to read this post.

Two rising sea stories from today (a reprise from four years ago)

I wrote the following post four years ago, but these stories still warrant attention. If your family has property on the coast, make sure you read this. The footnote is of interest as well.

In my newspaper today, two articles caught my eye about the impact of rising seas. The first is an editorial entitled “Rising seas eroding coastal property values,” written by Orrin Pilkey, the co-author of a study of this subject.

The other is an article called “Highest tide in 50 years swamps Venice,” by Elisabetta Povoledo of The New York Times. Beginning with the sensational, per Povoledo, “The Mayor of Venice, who said that the city ‘was on its knees’ has called for a state of emergency and the closing of all schools after the Italian city was submerged under…an exceptionally high tide – the highest in 50 years.”

At six-feet, the rising sea level in Venice was the most since 1966. Yet, per the article, “Last year, as severe weather in Italy killed 11 people, ferocious winds drove the high tide in Venice to more than five feet above average sea level.”

In Pilkey’s editorial, the study was reported in his book with Keith Pilkey called “Sea level rise: a slow Tsunami on America’s shores.” “The First Foundation, a non-profit research group with flood risk, analyzed 13.3 million real estate transactions, and compared the results to 25.6 million properties along the east coast and Gulf coast of the US. They concluded that there was a $15.8 billion loss in home value appreciation between Maine and Texas from 2015 to 2017.”

Pilkey made reference to increasing “sunny day flooding.” They note the sunny day flooding will increase even more until it becomes more permanent. In essence the sea water comes up through the storm drains in the street leaving standing water. A key quote toward the end of the article is a warning. “I know that if my family were living in or near a sunny day flooding area, I would urge them to sell and leave.”

Low lying coastal cities are at great risk. Global climate scientists have long said the City of Miami is the most at risk city in the world. Miami Beach is already seeing many more days of sunny day flooding. The state that had the most property loss in value is Florida. I would hope the leaders of that state would be banging the drum the loudest. As for Venice, they rely so much on tourism. Yet, that future looks to be at grave risk given its low sea level status.

Note: Below are two links to these articles:

https://www.newsobserver.com/opinion/article237245139.html

https://www.nytimes.com/svc/oembed/html/?url=https%3A%2F%2Fwww.nytimes.com%2F2019%2F11%2F13%2Fworld%2Feurope%2Fvenice-flood.html

Note further: A famous climate change “denier” in words does not match his rhetoric with his actions. Per a Politico article in May, 2016 entitled “Trump acknowledges climate change — at his golf course:”

“The New York billionaire is applying for permission to erect a coastal protection works to prevent erosion at his seaside golf resort, Trump International Golf Links and Hotel Ireland, in County Clare. A permit application for the wall, filed by Trump International Golf Links Ireland and reviewed by POLITICO, explicitly cites global warming and its consequences — increased erosion due to rising sea levels and extreme weather this century — as a chief justification for building the structure.” These actions support the concerns of the Pilkey study of property values being at risk due to sea level rise.

Florida and the US deserve better

Apparently, I missed the announcement of the Florida governor running for president. I have seen a well-polished commercial that masks over all his warts starting this weekend, so I guess he is in. In anticipation of this, I sent the following letter to my hometown Florida newspaper in hopes they would print it. Please feel free to adapt and use.

In my home state of Florida, several major problems go undiscussed and unresolved. Climate change, environmental maltreatment, healthcare costs, better gun governance, job retraining, fresh water shortage, etc. Instead, the governor and legislature focus on contrived or exaggerated issues like wokeness, critical race theory, banning books that dare speak of our ugly history and punishing people and companies who act in an egalitarian manner.

It is quite disappointing to this independent and former Republican to know the Florida governor threw his hat in the presidential campaign ring. We need serious minded leaders who will help all citizens and focus on real issues not contrived wedge issues. What we don’t need are authoritarian bullies who pick on people who don’t agree with them.

Today it is Texas again

Texas once again has a mass shooting after only two weeks. Here is the latest from Dallas:

“Police have confirmed an unspecified number of fatalities in a shooting at a mall in a Dallas suburb. At least eight people between the ages of five and 61 were brought to hospitals.

The shootings took place on Saturday at the Allen Premium Outlets mall about 25 miles (40km) north-east of Dallas.

The shooter was dead at the scene, local ABC affiliate WFAA TV reported, citing the Collin county sheriff.”

My wife asked “when will it stop?”

My response is sadly and simply “It won’t because we choose not to do anything about it as our elected officials are too beholden to the gun industry.”

One of the US Senators from the state, of course, offers his increasingly hollow “thoughts and prayers.” That is code for “I am not going to do anything about it, except say this faux platitude.”

Note: An update from this morning:

“The gunman killed eight people and wounded seven, three of those critically. He was shot dead by a police officer who happened to be nearby, authorities said.”