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Dan Bacher

Gov. Jerry Brown Already Expanded Offshore Oil Drilling in State Waters

By Dan Bacher - CounterPunch, January 8, 2018

California Governor Jerry Brown today joined Oregon Governor Kate Brown and Washington Governor Jay Inslee in condemning Trump’s plan to expand oil and gas drilling in federal waters – at the same time that California regulators under Brown have expanded offshore oil drilling by 17 percent in state waters.

“This political decision to open the magnificent and beautiful Pacific Coast waters to oil and gas drilling flies in the face of decades of strong opposition on the part of Oregon, Washington and California – from Republicans and Democrats alike,” the governors proclaimed in a joint statement.

“They’ve chosen to forget the utter devastation of past offshore oil spills to wildlife and to the fishing, recreation and tourism industries in our states. They’ve chosen to ignore the science that tells us our climate is changing and we must reduce our dependence on fossil fuels. But we won’t forget history or ignore science,” they said.

“For more than 30 years, our shared coastline has been protected from further federal drilling and we’ll do whatever it takes to stop this reckless, short-sighted action,” they concluded.

Brown also issued a personal statement blasting Trump, pledging “resistance” to Trump’s plan to expand offshore oil drilling.

“Donald Trump has absolutely chosen the wrong course. He’s wrong on the facts. America’s economy is boosted by following the Paris Agreement. He’s wrong on the science. Totally wrong. California will resist this misguided and insane course of action. Trump is AWOL but California is on the field, ready for battle,” Brown claimed.

Those are nice words condemning Trump’s plan to open new offshore oil drilling leases on both coasts. However, what the Governor’s Office press release and most media neglected to mention is that Brown’s oil and gas regulators approved permits for 238 new offshore wells between 2012 and 2016 in existing leases within three nautical miles of shore, according to Liza Tucker, consumer advocate for Consumer Watchdog.

Jerry Brown tells indigenous protesters in Bonn, ‘Let’s put you in the ground’

By Dan Bacher - CounterPunch, November 17, 2017

Governor Jerry Brown doesn’t always deal with critics of his controversial environmental policies well — and that was the case again on Saturday, November 11, when he spoke at the UN Climate Conference in Bonn, Germany.

Californians, including indigenous water protectors and those on the frontlines of climate change, disrupted California Governor Jerry Brown’s speech at the “American’s Pledge” event at the UN climate talks to confront his strong support of fossil fuels in his state.

The banner-carrying protesters yelled, “Keep it in the ground” and other chants, referring to the governor’s strong support of fracking, both offshore and on land in California, and cap-and-trade policies that could prove catastrophic to the Huni Kui People of Acre, Brazil and other indigenous communities around the globe.

“I wish we have could have no pollution, but we have to have our automobiles,” said Brown as the activists began disrupting his talk.

“In the ground, I agree with you,” Brown said. “In the ground. Let’s put you in the ground so we can get on with the show here.”

“This is very California. Thanks for bringing the diversity of dissent here,” the visibly disturbed Brown continued.

A video of Brown’s reaction to the protest is available here.

This is not the first time that Brown has employed harsh words to blast his opponents. On July 25 of this year, Brown blasted critics of his oil industry-written cap-and-trade bill, AB 398, for practicing “forms of political terrorism that are conspiring to undermine the American system of governance” in an interview with David Greene of NPR (National Public Radio).

Governor Brown, portrayed as “a green governor,” “climate hero,” and “resistance to Trump” by the mainstream media and corporate “environmental” NGOs, has come to the climate talks to promote California as a global model of “climate leadership” at a time when increasing number of Californians are fed up with his pro-Big Oil and pro-Big Ag environmental policies

California’s Delta Tunnels/ Waterfix dealt fatal blow; rejected by Westlands Water District

By Dan Bacher - Red, Green, and Blue, September 20, 2017

Growers in the massive district, located on the west side of the San Joaquin Valley, cited the high cost of the state-federal proposal as their reason for rejecting the project. Politically powerful Westlands is the largest irrigation district in the country.

The district would be one of the key beneficiaries of the proposed 35-mile long twin tunnels under the Sacramento-San Joaquin Delta — and their rejection of the project is a major loss for the Brown administration’s campaign to fast-track the construction of the tunnels. It also sends a message to other water districts that the cost of the controversial plan is not worth the potential benefits.

The Metropolitan Water District (MWD) of Southern California board is slated to  vote on the tunnels in early October, but the Westlands vote delivers a major blow to the project.

“Westlands’ decision to not participate in the California WaterFix will make it very difficult for other agencies to participate,” Tom Birmingham, the General Manager of Westlands, told the Los Angeles Times.

Delta Tunnels: Bureau of Reclamation is “Beyond reclamation.”

By Dan Bacher - Red, Green, and Blue, September 11, 2017

“Three recent federal audits have found the U.S. Bureau of Reclamation misspending more than $100 million in funds but the agency has not committed to any meaningful reforms nor to punishing any responsible officials,” according to Public Employees for Environmental Responsibility (PEER).

“The latest audit, last week, identified $84.8 million in improper Bureau of Reclamation payments to the State of California for its controversial Delta Tunnel Project. Despite this finding, the Bureau has no stated plans to recover even a penny.”

“Three recent critical audits arose from reports by Reclamation’s own employees represented by PEER. In the latest report on Friday, the Inspector General (IG) for the U.S. Department of Interior concluded that Reclamation illegally siphoned off funds to benefit fish and wildlife for the Delta Tunnel, a project to trans-ship vast quantities of freshwater from the Sacramento River and Delta to the south.  This project does not benefit fish and wildlife – just the opposite – but will principally benefit south-state irrigators,” PEER said.

This is the third recent “scathing report” on Reclamation misappropriations, according to the whistleblower group:

  • In late August, the U.S. Office of Special Counsel concluded that Reclamation illegally gave $32 million to Klamath Basin irrigators, again misusing funds earmarked for protecting fish and wildlife.  This ruling validated an earlier IG report confirming whistleblower disclosures; and
  • In October, the IG found that Reclamation never collected “repayment of millions of dollars of costs incurred to design, construct, and operate and maintain new head gates and fish screens” within the Klamath Project. These gates and screens are supposed to keep federally protected fish “in the river and out of the Klamath project irrigation canals

The misuse of funds in the Klamath Basin couldn’t have come at a worse time. The number of fall Chinook salmon predicted to return to the Klamath and Trinity rivers in 2017 — approximately 11,000 fish — is the lowest on record, a result of two consecutive juvenile fish disease outbreaks and other factors, including water diversions, dams, drought and ocean conditions.

The Pacific Fishery Management Council closed recreational and commercial salmon fishing in the Klamath Management Zone this season. Recreational fishing for fall run Chinook is banned on the Trinity and Klamath rivers this year.

Cap and Trade: Jerry Brown signs his bill (and calls opponents political terrorists)

By Dan Bacher - Red, Green, and Blue, July 28, 2017

“California is leading the world in dealing with a principal existential threat that humanity faces,” said Governor Brown at the signing ceremony. “We are a nation-state in a globalizing world and we’re having an impact and you’re here witnessing one of the key milestones in turning around this carbonized world into a decarbonized, sustainable future.”

Background: Cap and Trade: “Yes, this deal sucks, but we need to pass something. Anything.”

Brown signed the legislation on Treasure Island because it was the same location where Governor Arnold Schwarzenegger signed AB 32 (the California Global Warming Solutions Act of 2006) that authorized the state’s cap-and-trade program more than a decade ago.

Schwarzenegger also spoke at the signing ceremony, along with  Senate President pro Tempore Kevin De León, Assembly Speaker Anthony Rendon, Assemblymember Eduardo Garcia and others.

Over 65 environmental justice, consumer and conservation groups strongly opposed the legislation that was based largely on a Western States Petroleum Association (WSPA) wish list. Julia May, senior scientist at Communities for a Better Environment, summed up the many problems with AB 398:

“The Cap & Trade extension was written by the oil industry, is even worse than the current failed program, includes preemptions from local action, gives away so many free credits we will never meet climate goals, and allows oil refineries to expand indefinitely with no program for Just Transition to clean energy that is so desperately needed in environmental justice communities.”

Jerry Brown, climate leader or climate charlatan?

By Dan Bacher - Red, Green, and Blue, July 8, 2017

Brown made the announcement at a time when increasing numbers of Californians are challenging his  environmental credentials as he teams up with the Donald Trump administration to build the controversial Delta Tunnels and to exempt three major California oilfields from protection under the federal Safe Water Drinking Act.

“It’s up to you and it’s up to me and tens of millions of other people to get it together to roll back the forces of carbonization and join together to combat the existential threat of climate change,” said Governor Brown in his remarks on the eve of the G20 Summit. “That is why we’re having the Climate Action Summit in San Francisco, September 2018.”

“President Trump is trying to get out of the Paris Agreement, but he doesn’t speak for the rest of America. We in California and in states all across America believe it’s time to act, it’s time to join together and that’s why at this Climate Action Summit we’re going to get it done,” he claimed.

How green is California? Agencies are deep in the pockets of Big Ag and Big Oil

By Dan Bacher - Red, Green & Blue, May 22, 2017

When I was at the March for Science in Sacramento a month ago, a friend asked to get me on video and talk about what is the crux of water issues in California, what is the overriding, central issue behind the different water battles. That’s one that includes the Delta Tunnels, the failure of the state and federal agencies to address environmentalists’ concerns with the safety of the Oroville Dam and spillways, the salmon and other fish collapses and the pollution of our drinking water by agribusiness, municipal and oil waste.

This is a presentation that I recently developed from my conversation with her.

The dire situation: Salmon and other species are collapsing

The Delta smelt, maligned as a “small minnow” by corporate agribusiness interests, is an indicator species that shows the health of the San Francisco-Bay Delta Estuary. Once the most abundant fish in Delta estuary, the Delta smelt population is so small that you can almost name them now. The most recent California Department of Fish and Wildlife (CDFW)  fall midwater survey shows that the Delta smelt is the second lowest in CA history, while the related longfin smelt population is the also second lowest.

The Delta smelt collapse is part of an overall ecosystem decline, including dramatic reductions in winter, spring and fall-run Chinook salmon and steelhead populations, driven by water diversions by the federal and state water projects. From 1967 through 2015, populations of striped bass, Delta smelt, longfin smelt, American shad, splittail and threadfin shad declined by 93.7 percent to 99.7 percent (99.7, 98.3, 99.9, 97.7, 98.5 and 93.7 percent) respectively, according to Bill Jennings, Executive Director of the California Sportfishing Protection Alliance.

Then on Tuesday, May 16, some alarming news was unveiled by California Trout and the UC Davis Center for Watershed Sciences in a press teleconference discussing a new report that indicates if present trends continue, the majority of California’s imperiled native salmon, steelhead and trout are likely to be extinct within 100 years.

The report forecasts that 74 percent of the state’s native salmon, steelhead and trout are likely be extinct in the next 100 years  — and 45 percent of these fish in 50 years — if the current trends continue. (See: California’s salmon and trout facing EXTINCTION.)

It details the status of 32 salmonid populations in California and identifies opportunities for stabilizing and even recovering these species.

The causes outlined for the dire forecast include  drought, climate change human-induced threats, including residential development, major dams, agriculture, fire, alien species, transport, logging, fish harvest, estuary alteration, hatcheries, mining, in stream mining, grazing, urbanization and recreation.

I would add record water exports in recent years –  and poor state and federal management of dams. Inexplicably, the report failed to list the biggest threat to Sacramento-San Joaquin River and Trinity-Klamath River salmon, steelhead and other species — Governor Jerry Brown’s Delta Tunnels.

Extinction 2017: California Edition

By Dan Bacher - CounterPunch, February 28, 2017

One of the least discussed issues in California environmental politics – and one of the most crucial to understanding Governor Jerry Brown’s Delta Tunnels Plan – is the clear connection between the Marine Life Protection Act (MLPA) Initiative and the California WaterFix, formerly called the Bay Delta Conservation Plan (BDCP).

At a time when local, national and international mainstream media are focusing on the Oroville Dam crisis, it’s important for reporters to dig deeper and understand the context that the emergency, which spurred the evacuation of over 188,000 people in Butte, Yuba and Sutter counties, occurs within.

It’s crucial to understand that these two neo-liberal processes, the MLPA Initiative and the California Water Fix, are the environmental “legacy” that two Governors, Arnold Schwarznegger and Jerry Brown, have devoted their energy, staff and money to, rather than doing the mundane but necessary process of maintaining and repairing the state’s water infrastructure, including Oroville Dam.

The privately-funded MLPA Initiative and the California WaterFix at first may appear to be entirely different processes.

The MLPA Initiative, a process begun in 2004 under the Schwarzenegger administration, purported to create a network of “marine protected areas” along the California coast. The network was supposedly completed on December 19, 2012 with the imposition of contested “marine protected areas” along the North Coast under the Jerry Brown administration.

On the other hand, the Bay Delta Conservation Plan process began under the Bush and Schwarzenegger administrations to achieve the so-called “co-equal goals” of water supply reliability and Delta ecosystem restoration. In 2015, the state and federal governments divided the BDCP into two projects, the California WaterFix, the conveyance component and the California EcoRestore, the habitat “restoration” component.

But in spite of some superficial differences, the two processes are united by their leadership, funding, greenwashing goals, racism and denial of tribal rights, junk science and numerous conflicts of interest. When people educate themselves on the links between the two processes, I believe they can more effectively wage a successful campaign against the Delta Tunnels and to restore our imperiled salmon and San Francisco Bay-Delta fisheries.

New CA Carbon Trading Legislation Answers Big Oil's Call to Continue Business As Usual

By Dan Bacher - Daily Kos, January 17, 2017

On January 12,  California Assemblymembers Autumn R. Burke, Jim Cooper, Evan Low, and Blanca Rubio introduced legislation, AB 151, to extend the state’s cap-and-trade program beyond 2020.  

The sponsors of Assembly Bill 151 said the legislation affirms the State’s goal of reducing greenhouse gas emission at least 40 percent below 1990 levels by 2030 “in the most technologically feasible and cost effective way by using a market based mechanism: cap-and-trade.” 

“Cap-and-trade is an important tool to help disadvantaged communities participate in efforts to improve air quality,” said Assemblymember Cooper. “AB 151 will help ensure California continues to invest cap-and-trade revenues in areas of the state with the greatest need."

But Gary Graham Hughes, Senior California Advocacy Campaigner for Friends of the Earth, said “thorough academic review of the market-based compliance mechanism,” as implemented in California so far, shows that Cap-and-Trade does not work for the lower-income communities and communities of color that disproportionately live closest to polluting facilities.

Many environmental justice and indigenous organizations oppose cap-and-trade, calling it “carbon trading” or “pollution trading,” because of the tremendous adverse impacts the program has on indigenous communities and the environment throughout the world.

“Cap-and-Trade is a pollution trading scheme in which so-called greenhouse gas emissions ‘reductions’ rely extensively on scientifically dubious out-of-state ‘offset’ projects, while real emissions at many of the state’s largest industrial facilities continue to rise,” Hughes said. 

As Tom Goldtooth, Executive Director of the Indigenous Environmental Network, said at a protest against Governor Jerry Brown’s environmental policies, including carbon trading and REDD, in October 2013:

“Governor Brown is moving ahead with a policy that grabs land, clear-cuts forests, destroys biodiversity, abuses Mother Earth, pimps Father Sky and threatens the cultural survival of Indigenous Peoples. This policy privatizes the air we breathe. Commodifies the clouds. Buy and sells the atmosphere. Corrupts the Sacred.” (www.ienearth.org/...)

Obama Administration Orders Speedy Completion of Delta Tunnels Plan

By Dan Bacher - CounterPunch, January 16, 2017

Rejecting the call by fishermen, Tribes, conservationists, family farmers and environmental justice advocates to terminate the Delta Tunnels plan, Interior Secretary Sally Jewell on January 4 issued a Secretarial Order that will mandate the completion of Governor Jerry Brown’s controversial California WaterFix process “in a timely manner.”

The final Biological Opinion will be issued by April 2017 — and the decision to sign a Record of Decision will be made by the next Secretary under the Trump administration, according to the order.

The Obama administration order directs the Department of Interior and its agencies to “take timely actions to help address the effects of drought and climate change on California’s water supply and imperiled wildlife.”

Regarding the Delta Tunnels project, the order directs Interior’s Bureau of Reclamation and U.S. Fish and Wildlife Service (FWS) “to allocate available resources, as necessary, to complete in a timely manner the Biological Opinions under Section 7 of the Endangered Species Act and a Record of Decision on the environmental documents for California WaterFix.”

The Secretarial Order directs the Fish and Wildlife Service to “take all necessary actions” to issue an initial Draft Biological Opinion in January 2017 and a final Draft Biological Opinion by March 2017 after incorporating the results of “independent scientific peer reviews.” Following these reviews, a final Biological Opinion will be issued by April 2017.

The order also specifies that the Department, working with the State and others, “will promptly review and consider any information received after publication of the Final EIR/EIS and issuance of the Biological Opinions, and will then be prepared to sign a Record of Decision. This decision will be made by the next Secretary.”

In a press release, Deputy Secretary Michael L. Connor claimed, “This Secretarial Order is a practical and broad-based strategy to help protect California’s water lifeline for present and future generations. This order will ensure the integration of the Department’s actions with those of the State of California to provide a reliable drinking water supply for the public, sustain California’s agriculture, and continue to protect the Bay Delta ecosystem and enhance the conservation of species.”

Governor Jerry Brown lauded the Interior Secretary’s order, referring to the WaterFix’s so-called coequal goals of water reliability and ecosystem restoration.

“Today’s action tracks closely with the state’s multi-pronged Water Action Plan and commits the federal government to a timely review of the California WaterFix project,” said Brown. “This state-federal partnership is what’s needed to improve water reliability for residents and farmers and protect vulnerable ecosystems.”

In addition to the section of the order directing the the speedy completion of the California WaterFix, the agency ordered other related actions, including: a collaborative Delta science engagement process; a Delta smelt “resiliency” strategy; reinitiation of consultation under the Endangered Species Act on coordinated long term operations on the Central Valley Project and State Water project; active engagement in the development for flow requirements and coordination on flows with ESA requirements; and a winter-run Chinook “Species in the Spotlight” Action Plan.

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