Losing our way

by Bob Herbert in The New York Times.

“So here we are pouring shiploads of cash into yet another war, this time in Libya, while simultaneously demolishing school budgets, closing libraries, laying off teachers and police officers, and generally letting the bottom fall out of the quality of life here at home. Welcome to America in the second decade of the 21st century.”

UN investigator: Israel engaged in ethnic cleansing

from Reuters through Common Dreams.

Israel’s expansion of settlements in East Jerusalem and eviction of Palestinians from their homes there is a form of ethnic cleansing, United Nations investigator Richard Falk said on Monday.

[The] continued pattern of settlement expansion in East Jerusalem combined with the forcible eviction of long-residing Palestinians are creating an intolerable situation [in the part of the city previously controlled by Jordan]…. [The situation] can only be described in its cumulative impact as a form of ethnic cleansing.

Falk said he would like the Human Rights Council to ask the International Court of Justice to look at Israeli behavior in the occupied territories, focusing on whether the prolonged occupation of the West Bank and East Jerusalem had elements of “colonialism, apartheid and ethnic cleansing inconsistent with international humanitarian law.”

Further commemorating the Triangle Shirtwaist travesty

Today is the 100th anniversary of this tragedy (travesty). Today preservation organizations, historians, artists, and labor activists commemorate the event, which inspired New Deal legislation protecting workers (including Social Security), now under attack. This is an excellent documentary.

Of course, please also revisit this page.

And put everything in context with these Democracy Now! clips:

Note that just 3 months ago, an almost identical travesty occurred in Bangladesh, in a factory producing garments for Gap, Van Heusen, Aberbrombie and Fitch, and JC Penney. Our so-called “post-industrial” economy still rests on the backs of exploited workers. WI Governor Scott Walker has made a call to arms to extend his assault on workers all across the country in the name of “fiscal responsibility”–in fact, to unravel whatever gains that workers made during the 20th century. He and his ilk long to return us to the Gilded Age.

How the “peaceful atom” became a serial killer

by Chip Ward in Tomgram. Here is Tom Englehardt’s introduction:

With the Fukushima nuclear complex still at the edge, the official response here is so bracingly… well, ho-hum. A top Nuclear Regulatory Commission official has just offered reassurance that nothing at Fukushima warrants “any immediate changes at U.S. nuclear plants.” (See this) As if to etch the point in cement, the day before the Japanese earthquake/tsunami, the NRC had issued a 20-year license renewal (see this) to the almost 40-year-old Vermont Yankee nuclear plant, the “near twin” of one in Fukushima (but storing staggeringly more “spent fuel” than that complex — see this). The message: we’ll keep tabs on those nuclear plants, but really, folks, not to worry, everything’s fine here.

What, I wonder, might it be worth keeping tabs on? Consider California’s Diablo Canyon power plant about 160 miles north of Los Angeles (see this), which operated for a year and a half with some of its emergency systems disabled (see this). Constructed in the neighborhood of the Hosgri and San Andreas Faults (see this) — as well as a nearby offshore fault discovered only in 2008 (see this) — it has been upgraded to withstand a magnitude 7.5 earthquake. (Fukushima was designed to withstand a 7.9 quake.) The only problem, according to the latest research (see this): the San Andreas Fault is capable of producing “a magnitude 8.1 earthquake that could run 340 miles from Monterey County to the Salton Sea” and that newly discovered offshore fault by Diablo Canyon, possibly a 7.7. Hmmm… and in case you think that the Japanese situation is unrepeatable here, the last magnitude 9.0 earthquake happened off the West coast, somewhere in the vicinity of Washington or Oregon, 311 years ago. (See this.) The odds of another in the next 50 years has been estimated at one in three.

And then there’s my own neck of the woods: 35 miles from the heart of Manhattan Island in New York City is the U.S. nuclear plant most at risk of core damage in the case of an earthquake (see this). That’s the Indian Point nuclear plant, which happens to have been built close to a “geological braid of fault lines” known as the Ramapo Fault (see this). Its odds of experiencing an earthquake powerful enough to cause at least a partial core meltdown are, according to NRC calculations, 1 in 10,000 in any year (see this). And keep in mind that, with almost 20 million people in Metropolitan New York City, the minimalist evacuation plans that exist, should a meltdown occur, are essentially “fantasy documents” (see this). An Onion mock headline caught the spirit of this moment: “Nuclear Energy Activists Insist U.S. Reactors Completely Safe Unless Something Bad Happens” (see this). With that in mind, consider the nuclear industry through the eyes of TomDispatch regular Chip Ward, a Utah environmentalist who has battled it for years. Tom

How the “peaceful atom” became a serial killer
Nuclear power loses its alibi
by Chip Ward

When nuclear reactors blow, the first thing that melts down is the truth. Just as in the Chernobyl catastrophe almost 25 years ago when Soviet authorities denied the extent of radiation and downplayed the dire situation that was spiraling out of control, Japanese authorities spent the first week of the Fukushima crisis issuing conflicting and confusing reports. We were told that radiation levels were up, then down, then up, but nobody aside from those Japanese bureaucrats could verify the levels and few trusted their accuracy. The situation is under control, they told us, but workers are being evacuated. There is no danger of contamination, but stay inside and seal your doors.

The first atomic snow job

The bureaucratization of horror into bland and reassuring pronouncements was to be expected, especially from an industry where misinformation is the rule. Although you might suppose that the nuclear industry’s outstanding characteristic would be its expertise, since it’s loaded with junior Einsteins who grasp the math and physics required to master the most awesomely sophisticated technology humans have ever created, think again. Based on the record, it’s most outstanding characteristic is a fundamental dishonesty. I learned that the hard way as a grassroots activist organizing opposition to a scheme hatched by a consortium of nuclear utilities to park thousands of tons of highly radioactive fuel rods, like the ones now burning at Fukushima, in my Utah backyard (see this).

Here’s what I took away from that experience: the nuclear industry is a snake-oil culture of habitual misrepresentation, pervasive wishful thinking, deep denial, and occasional outright deception. For more than 50 years, it has habitually lied about risks and costs while covering up every violation and failure it could. Whether or not its proponents and spokespeople are dishonest or merely deluded can be debated, but the outcome — dangerous misinformation and the meltdown of honest civic discourse — remains the same, as we once again see at Fukushima.

Established at the dawn of the nuclear age, the pattern of dissemblance had become a well-worn rut long before the Japanese reactors spun out of control. In the early 1950s, the disciples of nuclear power, or the “peaceful atom” as it was then called, insisted that nuclear power would soon become so cheap and efficient that it would be offered to consumers for free. Visionaries that they were, they suggested that cities would be constructed with building materials impregnated with uranium so that snow removal would be unnecessary. Atomic bombs, they urged, should be used to carve out new coastal harbors for ships. In low doses, they swore, radiation was actually beneficial to one’s health.

Such notions and outright fantasies, as well as propaganda for a new industry and a new way of war — even if laughable today — had tragic results back then. Thousands of American GIs, for instance, were marched into ground zero just after above-ground nuclear tests had been set off to observe their responses to what military planners assumed would be the atomic battlefield of the future (see this). Ignorance, it turns out, is not bliss, and thousands of those soldiers later became ill. Many died young.

Unwary civilians who lived downwind of America’s western testing grounds were also exposed to nuclear fallout and they, too, suffered horribly from a variety of cancers and other illnesses (see this). Uranium miners exposed to radiation in the tunnels where they wrestled from the earth the raw materials for the nuclear age also became ill and died too soon, as did workers processing that uranium into weapons and fuel (see this). Many of those miners were poor Navajos from my backyard in Utah where a new uranium boom, part of the so-called nuclear renaissance, was — before Fukushima — set to take shape.

How “unlikely” risks become inevitable

In the future, today’s low-risk claims from industry advocates will undoubtedly seem as tragically naïve as yesterday’s false claims. Yes, the likelihood that any specific nuclear power plant reactor will melt down may be slim indeed — which hardly means inconceivable — but to act as though nuclear risks are limited to the operation of power plants is misleading in the extreme. “Spent fuel” from reactors (the kind burning in Japan as I write) is produced as a plant operates, and that fuel remains super hot and dangerous for hundreds, if not thousands, of years. As we are learning to our sorrow at the Fukushima complex, such used fuel is hardly “spent.” In fact, it can be even more radioactive and dangerous than reactor cores (see this).

Spent fuel continues to pile up in a nuclear waste stream that will have to be closely managed and monitored for eons, so long that those designing nuclear-waste repositories struggle with the problem of signage that might be intelligible in a future so distant today’s languages may not be understood. You might think that a danger virulent enough to outlast human languages would be a danger to avoid, but the hubris of the nuclear establishment is equal to its willingness to deceive.

A natural disaster, accident, or terrorist attack that might be statistically unlikely in any year or decade becomes ever more likely at the half-century, century, or half-millennium mark. Given enough time, in fact, the unlikely becomes almost inevitable. Even if you and I are not the victims of some future apocalyptic disturbance of that lethal residue, to consign our children, grandchildren, or great-grandchildren to such peril is plainly and profoundly immoral.

Nuclear proponents have long wanted to limit the discussion of risk to plant operation alone, not to the storage of dangerous wastes, and they remain eager to ignore altogether the risks inherent in transporting nuclear waste (often called “mobile Chernobyl” by nuclear critics — see this). Moving those spent fuel rods to future repositories represents a rarely acknowledged category of potential catastrophe. Just imagine a trainload of hot nuclear waste derailing catastrophically along a major urban corridor with the ensuing evacuations of nearby inhabitants. It means, in essence, that one of those Fukushima “pools” of out-of-control waste could “go nuclear” anywhere in our landscape.

Risk is about more than likelihood; it’s also about impact. If I tell you that your chances of being bitten by a mosquito as you cross my yard are one in a hundred, you’ll think of that risk differently than if I give you the same odds on a deadly pit viper. As events unfold in Japan, it’s ever clearer that we’re talking pit viper, not mosquito. You wouldn’t know it though if you were to debate nuclear industry representatives, who consistently downplay both odds and impact, and dismiss those who claim otherwise as hysterical doomsayers. Fukushima will assumedly make their task somewhat more difficult.

Hidden costs and wasted subsidies

The true costs of nuclear power are another subject carefully fudged and obscured by nuclear power advocates. From its inception in federally funded labs, nuclear power has been highly subsidized. A recent report by the Union of Concerned Scientists found that “more than 30 subsidies have supported every stage of the nuclear fuel cycle from uranium mining to long-term waste storage. Added together, these subsidies have often exceeded the average market price for the power produced.” When it comes to producing electricity, these subsidies are so extensive, the report concludes, that “in some cases it would have cost taxpayers less to simply buy the kilowatts on the open market and give them away.”

If the nuclear club in Congress, led by Senate Republican leader Mitch McConnell, gets its way, billions more in subsidies will be forthcoming, including massive federal loan guarantees to build the next generation of nuclear plants. These are particularly important to the industry, since bankers won’t otherwise touch projects that are notorious for mammoth cost overruns, lengthy delays, and abrupt cancellations.

The Obama administration has already proposed an additional $36 billion in such guarantees to underwrite new plant construction (see this). That includes $4 billion for the construction of two new nuclear reactors on the Gulf Coast that are to be operated in partnership with Tokyo Electric Power Company — that’s right, the very outfit that runs the Fukushima complex (see this). Yet when I debate nuclear advocates, they always claim that, in cost terms, nuclear power outcompetes alternative sources of energy like wind and solar.

That government gravy train doesn’t just stop at new power plants either. The feds have long assumed the epic costs of waste management and storage. If another multi-billion dollar project like the now-abandoned Yucca Mountain repository in Nevada is built, it will be with dollars from taxpayers and captive ratepayers (the free market be damned). Industry spokesmen insist that subsidizing such projects will be well worth it, since they will create thousands of new jobs. Unfortunately for them, a definitive 2009 University of Massachusetts study, which analyzed various infrastructure investments including wind, solar, and retrofitting buildings to conserve energy, placed nuclear dead last in job creation.

Finally, the recently renewed Price-Anderson Nuclear Industries Indemnity Act limits the liability of nuclear utilities should a catastrophe like the one in Japan happen here in the United States. The costs of recovery from the Fukushima catastrophe will be astronomical. In the U.S., nuclear utilities would be off the hook for any of those costs and you, the citizen, would foot the bill. Despite their assurances that nothing can go wrong here, nuclear industry officials have made sure that in their business risk and reward are carefully separated. It’s a scenario we should all know well: private corporations take away profits when things go well, and taxpayers assume responsibility when shit happens.

Finally, nuclear power boosters like to proclaim themselves “green” and to claim that their industry is the ideal antidote to global warming since it produces no greenhouse gas emissions. In doing so, they hide the real environmental footprint of nuclear energy (see this).

It’s quite true that no carbon dioxide comes out of power-plant smokestacks. However, maintaining any future infrastructure to handle the industry’s toxic waste is guaranteed to produce lots of carbon dioxide. So does mining uranium and processing it into fuel rods, building massive reactors from concrete and steel, and then behemoth repositories capable of holding waste for 1,000 years. Radiation from the Fukushima meltdown is now entering the Japanese food chain (see this and this). How green is that?

The watchdogs play dead

Over the course of nuclear power’s history, there have been scores of mishaps, accidents, violations, and problems that, chances are, you’ve never heard about. Beyond the unavoidable bad PR over the partial meltdown at Three Mile Island in 1979, the Chernobyl meltdown in 1986, and now the Japanese catastrophe, the industry has an excellent record — of covering up its failures.

The co-dependent relationship between the nuclear corporations and the Nuclear Regulatory Commission (NRC), the federal agency charged with licensing and monitoring them, resembles the cozy relationship between the Securities Exchange Commission and Wall Street before the global economic meltdown of 2008. The NRC relies heavily on the industry’s own reports since only a small fraction of its activities can be inspected yearly.

A report by the Union of Concerned Scientists, “The NRC and Nuclear Power Plant Safety in 2010,” which highlights the NRC’s haphazard record of inspection and enforcement, makes clear just why the honor system that assumes utilities will honestly report problems has never worked. It describes 14 recent serious “near miss” violations that initially went unreported. At the Indian Point Nuclear Power Plant, only 38 miles north of the New York metropolitan area, for instance, NRC inspectors ignored a leaking water containment system for 15 years.

After a leaking roof forced the shutdown of two reactors at the Calvert Cliffs nuclear facility in Maryland, plant managers admitted that it had been leaking for eight years. When Honeywell hired temporary workers to replace striking union members at its uranium refinery in Illinois, they were slipped the correct answers to a test required for those allowed to work at nuclear plants, because otherwise they had neither the knowledge nor experience to pass.

The regulation of Japan’s nuclear industry mirrors the American model. Japan’s legacy of regulatory scandals, falsified safety records, underestimated risks, and cover-ups includes an incident in 1999 when workers mixed uranium in open buckets and exposed hundreds of coworkers to radiation. Two later died. Other scandals involved hiding cracks in steam pipes from regulators in 1989, lying about a fire and explosion at a plant near Tokyo in 1997, and covering up damage to a plant from an earthquake in 2007.

In the wake of the Fukushima catastrophe, we will no doubt discover how there, too, so-called watchdogs rolled over and played dead (see this). In recent years, in fact, the Fukushima complex had the highest accident rate of any of the big Japanese nuclear plants (see this). We’ve already learned that an engineer who helped design and supervise the construction of the steel pressure vessel that holds the melting fuel rods in Reactor No. 4 warned that it was damaged during production. He had himself initially orchestrated a cover-up of this fact, but revealed it a decade later — only to be ignored. During the complex’s construction by General Electric some 35 years ago, Dale Bridenbaugh, a GE employee, resigned after becoming convinced that the reactors being built were seriously flawed (see this). He, too, was ignored. The Vermont Yankee reactor in Vermont and 23 others around the U.S. replicate that design (see this).

Stay tuned, since more examples of reckless management will surely come to light…

Risk Is not a math problem

That culture of secrecy is a logical fit for an industry that is authoritarian by nature. Unlike solar or wind power, nuclear power requires massive investments of capital, highly specialized expertise, robust security, and centralized control. Any local citizen facing the impact of a uranium mine, a power plant, or a proposed waste depository will attest that the owners, operators, and regulators of the industry are remote, unresponsive, and inaccessible. They misinform because they have the power to get away with it. The absence of meaningful checks and balances enables them.

Risk, antinuclear advocates quickly learn, is not simply some complicated math problem to be resolved by experts. Risk is, above all, a question of who is put at risk for whose benefit, of how the rewards, costs, and liabilities of an activity are distributed and whether that distribution is fair. Those are political questions that citizens directly affected should be answering for themselves. When it comes to nuclear power, that doesn’t happen because the industry is undemocratic to its core. Corporate officers treat downwind stakeholders with the same contempt they reserve for honest accountings of the industry’s costs and dangers.

It may be difficult for the average citizen to unpack the technicalities of nuclear power, or understand the complex physics and engineering involved in splitting atoms to make steam to produce electricity. But most of us are good at detecting bullshit. We know when something like the nuclear industry doesn’t pass the smell test.

There is a growing realization that our carbon-based energy system is warming and endangering this planet, but replacing coal and oil with nuclear power is like trading heroin for crack — different addictions, but no less unhealthy or risky. The “nuclear renaissance,” like the “peaceful atom” before it, is the energy equivalent of a three-card monte game, involving the same capitalist crooks who gave us oil spills, bank bailouts, and so many of the other rip-offs and scams that have plagued our lives in this new century.

They are serial killers. Stop them before they kill again. Credibility counts and you don’t need a PhD or a Geiger counter to detect it.

Chip Ward was a founder of HEAL Utah, a grassroots group that has led the opposition to the disposal of nuclear waste in Utah and the construction of a new reactor next to Green River. A TomDispatch regular, he is the author of *Canaries on the Rim: Living Downwind in the West and Hope’s Horizon: Three Visions for Healing the American Land. To listen to Timothy MacBain’s latest TomCast audio interview in which Ward discusses the endless legacy of nuclear power, click here, or download it to your iPod here.*

Copyright 2011 Chip Ward

Wars should be declared by Congress, not merely launched by Presidents

by John Nichols in The Nation

The grotesque extremes to which Muammar Qaddafi has gone to threaten the people of Libya—and to act on those threats—have left the self-proclaimed “king of kings” with few defenders in northern Africa, the Middle East or the international community.

Even among frequent critics of US interventions abroad, there is disgust with Qaddafi, and with the palpable disdain he has expressed for the legitimate aspirations of his own people.

So it is that the advocacy for military intervention has spread far beyond the usual circle of neoconservative hawks.

The circumstance is made easier by the fact that the bombing of Libya by US and allied planes is being carried out under the auspices of the United Nations. And with his words and his initial reluctance with regard to taking military action, President Obama has seemed to avoid many of the excesses of his predecessors.

Yet, now the headline on CNN reads “Libya War.”

And anyone who takes the Constitution seriously should have a problem with the fact that, once again, the United States is involved in a war that has neither been debated nor declared by the Congress of the United States.

The penchant of presidents of embark upon military adventures without consulting Congress is now so pronounced that it is barely noted anymore that the Constitution says “Congress shall have power to…declare War.”

Unless the United States is immediately threatened, presidents aren’t supposed to declare wars or launch them on their own.

Of all the checks and balances outlined in the Constitution, none is more significant than the power to declare war.

Yet, since World War II, presidents have launched attacks, interventions and wars without declarations. And now that has happened again.

There are plenty of explanations for why this happens.

  • Treaties that require to bind the United States to the United Nations.
  • The War Powers Act.
  • The general sense that members of Congress would prefer to let presidents call the shots.

But the Constitution does not establish any exit strategies for members of the Congress, They are supposed to provide advice and consent—or to deny it.

Unfortunately, that just does not happen anymore.

When the United States ratified the United Nations treaty after World War II, Henrik Shipstead and William Langer were the only senators to cast “no” votes on the UN Charter. Other senators, California’s Hiram Johnson and Wisconsin’s Robert M. La Follette Jr., expressed reservations.

What was their fear? The senators worried that, under the agreement with the United Nations, presidents would involve US troops in wars launched by the United Nations—without ever consulting Congress.

That fear proved to be well founded, as history would soon confirm, when President Truman sent US troops to Korea as part of a UN mission—but without a Congressional declaration.

President Obama’s approval of an intervention in Libya has also skipped the Congress.

Was this necessary? Of course not. Obama could have consulted Congress; indeed, if the issue was pressing, he could have asked that the House and Senate be called into session over the weekend.

That is what Congressman Dennis Kucinich proposed, when he declared last week that “Congress should be called back into session immediately to decide whether or not to authorize the United States’ participation in a military strike. If it does not, the action of the President is contrary to [the] US Constitution. Article 1, Section 8 of the Constitution clearly states that the United States Congress has the power to declare war. The President does not. That was the Founders’ intent.”

The Ohio Democrat sent a letter to Congressional leaders “indicating that the national interest requires that Congress be called back quickly to Washington to exercise its Constitutional authority to determine whether our armed forces should participate in the UN mission.”

“Both houses of Congress must weigh in,” Kucinich added. “This is not for the President alone, or for a few high ranking Members of Congress to decide.”

Consulting Congress does not mean that Congress will block a war. The constitutional system of checks and balances was not established merely to stop wars, although the wisest of the founders did hope that the requirements they imposed would “chain the dogs of war.”

The decision to place the power to declare wars was placed with the House and Senate in order to allow members of Congress to add their insights, to propose timelines, to set limits and parameters for military initiatives.

The debate, the discussion, the sifting and winnowing of information: This is the point.

Unfortunately, it is a point that Obama has missed.

The United States is now deep into what CNN calls the ”Libya War,” yet there has been no Congressional debate, no advice or consent, no checks and balances.

The Republic was well served by the drafters of a constitution, who gave the war-making power to Congress.

They were wise, and right, to do so. And any president who steers the country into an offensive war without consulting Congress ill serves the founding document and the republic.

Debating intervention in Libya

‎”There were alternative forms of intervention that might have been pursued…. This binary choice–do nothing or engage in this kind of an extensive use of force with a relatively open-ended authorization through the Security Council, is a false framing.”

Check out a debate on Democracy Now! on whether intervention by the colonialists has been a good thing. Then consider what Tom Englehardt had to say (while introducing an article on the nuclear meltdown in Japan), and be sure to check out the links he provides. (Actually, I’m reproducing what he had to say right here.)

“A comment is in order on our Libyan intervention. As a start, it could be the first intervention that actually escalated before it even began. It went from no-fly-zone to no-fly-no-drive-zone before a U.S. cruise missile was launched or a French jet took off. Within two days, it seemed to be escalating even further into a half-baked, regime-change(ish)-style operation (see this).

(As of Wednesday, 162 Tomahawk cruise missiles had already been sent Libya-wards [see this, with a great map], most of them from American vessels, at more than $1 million a pop [see this].)

“To make the intervention even stranger, it was initially opposed by the Chairman of the Joint Chiefs Admiral Mike Mullen, Secretary of Defense Robert Gates, National Security Adviser Thomas Donilon, and counterterrorism chief John O. Brennan (see this), as well as many conservatives (see this). Instead, the (not very) liberal warhawks of the administration — Secretary of State Hillary Clinton, National Security Council senior aide Samatha Powers, and U.N. Ambassador Susan Rice (see this)
— were evidently in the lead on this one (along with various neocons in full hue and cry).

As on so many issues, where exactly the President was, other than blowing in the wind, remains unclear (see this). Congress played no significant role — neither advice nor consent — in the decision. It now seems almost quaint, if not exceedingly retro, even to suggest that the people’s representatives have anything to do with American war-making (see this). And it goes without saying that the people themselves, who seemed to be deeply unenthusiastic about a Libyan intervention before it happened according to the polls (see this), were in no way consulted. Gates spoke of a “spirited debate” within the administration (see this) — just nowhere else.

“Think of this, then, as the “human rights” intervention. So far, it seems to be a remarkably seat-of-the-pants affair, suffused with the usual American faith in the efficacy of military power. As far as I can tell, Washington is relying for success on pure, dumb luck (and the vague possibility that, if the U.S. and allies whack his forces hard enough, Libyan monster Muammar Gaddafi’s officer corps could turn against him or their troops might defect to the rebels). Luck could hold (see this), but what would follow remains bleakly unknown. Look for the no-[fill-in-the-blank]-zones to expand if Gaddafi hangs on, the rebels don’t advance fast enough, and desperation and confusion set in. In the meantime, the learning curve in Washington when it comes to interventions seems nonexistent.

“For the rest of us, that learning curve might improve if James Peck’s new book Ideal Illusions: How the U.S. Government Co-opted Human Rights (see this) was to be widely read. It’s a taboo-breaking look at the way in which, from the 1970s to late last night, successive administrations have exploited the human rights movement, turned it to Washington’s ends, and contained any impulses to define human rights ever more broadly. This is, unfortunately, a story decades old but as fresh as the Libyan intervention. I recommend the book strongly.”