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Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide

By John E. Dannenberg - Prison Legal News, November 15, 2017

Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just inside prisons, but also into local rivers, water tables and community water supplies. Because prisons are inherently detested and ignored institutions, the hidden menace of pollution from them has stayed below the radar. In this report, PLN exposes the magnitude and extent of the problem from data collected over the past several years from seventeen states.

Alabama

The Alabama Department of Corrections (ADOC) has been ignoring complaints of wastewater pollution from its prisons since 1991. Back then, the problem was limited to leaking sewage from the St. Clair prison. Although the Alabama Legislature promised to provide the $2.3 million needed to build a new wastewater treatment plant that would match St. Clair's vastly expanded population, no money has been appropriated.

Today, the problem has grown statewide and includes pollution from ADOC's Draper, Elmore, Fountain/Holman, Limestone prisons and the Farcquhar Cattle Ranch and Red Eagle Honor Farm. The problem has drawn the ire of the private watchdog group, Black Warrior Riverkeeper (BWR) and of the state Attorney General (AG), both of whom have filed lawsuits against ADOC. The AG's office claims ADOC is violating the Alabama Water Pollution Control Act (Act) by dumping raw sewage into Little Canoe Creek, from which it flows into the Coosa River. The AG has demanded that ADOC fix the problems and pay fines for the damage they have caused. All parties acknowledge that the problems stem from ADOC's doubling of its population to 28,000, while the wastewater treatment facilities were designed for less than half that number.

The environmental damage is huge. ADOC is pumping extremely high levels of toxic ammonia, fecal coliform, viruses, and parasites into local streams and rivers. When raw sewage hits clean water, it sucks up the available dissolved oxygen to aid decomposition. But in so doing, it asphyxiates aquatic plants and animals that depend on that oxygen.
Telltale disaster signs include rising water temperatures and the appearance of algae blooms. The pollution renders public waterways unfit for human recreation as well.

BWR notes in its suit that Donaldson State Prison has committed 1,060 violations of the Clean Water Act since 1999, dumping raw sewage into Big Branch and Valley creeks, and thence into the Black Warrior River. BWR seeks fines for the violations, which could range from $100 to $25,000 each. Peak overflows were documented at 808,000 gallons in just one day, which isn't surprising for a wastewater treatment plant designed to handle a maximum of 270,000 gallons per day. Donaldson, designed to hold only 990 prisoners, has 1,500 today.

One path to reformation was found in turning over wastewater treatment to privately-run local community water treatment districts. Donaldson came into compliance with its wastewater permit after contracting with Alabama Utility Services in 2005. Limestone and other ADOC prisons are now seeking privatization solutions.

Let's Just Admit It: Capitalism Doesn't Work

By John Atcheson - Common Dreams, November 13, 2017

In almost every way you examine it, capitalism – at least the relatively unconstrained, free- market variety practiced here in the US and supported by both parties -- has been an abysmal failure. Let’s take a close look some of its worst failings.  But first, it must be admitted that when it comes to exploiting people and the planet for the purpose of generating apparent wealth for the few, it has been a smashing success.  More about that notion of “apparent wealth” in a moment, but now, the specifics.

The logical end-point of a competitive system is an oligarchic monopoly

A recent report  by UBS reveals that the global march of economic inequality is accelerating.  The report found that the billionaire’s share of wealth grew by nearly 20 percent last year, reaching a level of disparity not seen since 1905, the gilded age.  Interestingly, the first gilded age followed decades of uber-free market laissez-faire policies, just as today’s gilded age has.

Not surprising, really. Empirical evidence shows that without constraint, markets will proceed toward a winner-take-all status. In short, monopolies and oligopolies. For example, the United States has had three periods of prolonged laissez-faire economic policies, and each was followed by extreme wealth inequality and the three biggest economic crises in US history, such inequality causes.

Oh, but the magic of competition makes companies compete for our dollar, so they can’t afford to exploit us, right? Not so much.

The magic elixir of competition doesn’t work—for the simple reason that there isn’t much competition anymore. Having convinced folks that regulation is bad, the Oligarchy is in the midst of a frenzy of mergers that is giving a few large conglomerates control of many of the major market sectors.

Derrick Thompson, in a recent article in the Atlantic, lays out some of the grim statistics that illustrate the trend. As Thompson writes,

To comprehend the scope of corporate consolidation, imagine a day in the life of a typical American and ask: How long does it take for her to interact with a market that isn’t nearly monopolized? She wakes up to browse the Internet, access to which is sold through a local monopoly. She stocks up on food at a superstore such as Walmart, which owns a quarter of the grocery market. If she gets indigestion, she might go to a         pharmacy, likely owned by one of three companies controlling 99 percent of that market. If she’s stressed and wants to relax outside the shadow of an oligopoly, she’ll have to stay away from ebooks, music, and beer; two companies control more than half     of all sales in each of these markets. There is no escape—literally. She can try boarding an airplane, but four corporations control 80 percent of the seats on domestic flights.

The consolidation of the media is yet another example; just six corporations now control 90 percent of the market. And of course, there’s the inconvenient fact that the “too-big-to-fail” banks that were a major cause of the 2008 Great Recession are now bigger and fewer.

This concentration of market power translates into lower wages, fewer jobs, and higher prices – exactly the opposite of what the neoclassical economic theory embraced by capitalists tells us will happen when we remove regulatory constraints – and exactly the opposite of what the Republicans’ trickle-down myth says will happen. Or what the neoliberal Democrats tell us, for that matter.

But it also gives the wealthy control over our political system, and the people have gotten wise to it.  That’s why a little over a quarter of the eligible voters were able to put Trump in power – most of the rest of us are completely turned off by a political system that’s clearly for sale and so, increasingly, many do not show up to vote.

That control has expressed itself in policies that result in extreme income disparities between the increasingly few haves and the expanding have-nots. Today, just five people have as much wealth as the 3.8 billion people comprising the least wealthy half of the world’s population, and nowhere in the developed world is the problem as acute as it is in America.  The system is rigged, and our belief in capitalism and the power of the magic markets is what allowed that.

Why you've never heard of a Charter that's as important as the Magna Carta

By Guy Standing - Open Democracy, November 6, 2017

Eight hundred years ago this month, after the death of a detested king and the defeat of a French invasion in the Battle of Lincoln, one of the foundation stones of the British constitution was laid down. It was the Charter of the Forest, sealed in St Paul’s on November 6, 1217, alongside a shortened Charter of Liberties from 2 years earlier (which became the Magna Carta).

The Charter of the Forest was the first environmental charter forced on any government. It was the first to assert the rights of the property-less, of the commoners, and of the commons. It also made a modest advance for feminism, as it coincided with recognition of the rights of widows to have access to means of subsistence and to refuse to be remarried.

The Charter has the distinction of having been on the statute books for longer than any other piece of legislation. It was repealed 754 years later, in 1971, by a Tory government.

In 2015, while spending lavishly on celebrating the Magna Carta anniversary, the government was asked in a written question in the House of Lords whether it would be celebrating the Charter this year. A Minister of Justice, Lord Faulks, airily dismissed the idea, stating that it was unimportant, without international significance.

Yet earlier this year the American Bar Association suggested the Charter of the Forest had been a foundation of the American Constitution and that it was more important now than ever before. They were right.

It is scarcely surprising that the political Right want to ignore the Charter. It is about the economic rights of the property-less, limiting private property rights and rolling back the enclosure of land, returning vast expanses to the commons. It was remarkably subversive. Sadly, whereas every school child is taught about the Magna Carta, few hear of the Charter.

Yet for hundreds of years the Charter led the Magna Carta. It had to be read out in every church in England four times a year. It inspired struggles against enclosure and the plunder of the commons by the monarchy, aristocracy and emerging capitalist class, famously influencing the Diggers and Levellers in the 17th century, and protests against enclosure in the 18th and 19th.

At the heart of the Charter, which is hard to understand unless words that have faded from use are interpreted, is the concept of the commons and the need to protect them and to compensate commoners for their loss. It is scarcely surprising that a government that is privatising and commercialising the remaining commons should wish to ignore it.

In 1066, William the Conqueror not only distributed parts of the commons to his bandits but also turned large tracts of them into ‘royal forests’ – ie, his own hunting grounds. By the time of the Domesday Book in 1086, there were 25 such forests. William’s successors expanded and turned them into revenue-raising zones to help pay for their wars. By 1217, there were 143 royal forests.

The Charter achieved a reversal, and forced the monarchy to recognise the right of free men and women to pursue their livelihoods in forests. The notion of forest was much broader than it is today, and included villages and areas with few trees, such as Dartmoor and Exmoor. The forest was where commoners lived and worked collaboratively.

The Charter has 17 articles, which assert the eternal right of free men and women to work on their own volition in ways that would yield all elements of subsistence on the commons, including such basics as the right to pick fruit, the right to gather wood for buildings and other purposes, the right to dig and use clay for utensils and housing, the right to pasture animals, the right to fish, the right to take peat for fuel, the right to water, and even the right to take honey.

The Charter should be regarded as one of the most radical in our history, since it asserted the right of commoners to obtain raw materials and the means of production, and gave specific meaning to the right to work.

It also set in train the development of local councils and judiciary, notably through the system of Verderers, which paved the way for magistrate courts. In modern parlance, it extended agency freedom, giving commoners voice in managing the commons, as well as system freedom, by opposing enclosure.

The Charter set the foundation for what is now called the communal stewardship of pooled assets and resources. Its ethos is the antithesis of the Government’s pretentious Natural Capital Committee, which is trying to capitalise the natural commons, to make them ‘profitable’. The commons exist for a way of living, not profits.

Frackville Prison’s Systemic Water Crisis

By Bryant Arroyo - Earth First! Journal, November 5, 2017

On September 19, 21, 24 and 27, 2017, we prisoners at Pennsylvania’s SCI-Frackville facility experienced four incidences with respect to the crisis of drinking toxic water. While this was not the first indication of chronic water problems at the prison, it seemed an indication that things were going from bad to worse. This round of tainted water was coupled with bouts of diarrhea, vomiting, sore throats, and dizziness by an overwhelming majority of the prisoner population exposed to this contamination. This cannot be construed as an isolated incident.

The SCI-Frackville staff passed out bottled spring water after the inmate population had been subjected to drinking the toxic contaminated water for hours without ever being notified via intercom or by memo to refrain from consuming the tap water. This is as insidious, as it gets!

SCI-Frackville’s administration, is acutely aware of the toxic water contamination crisis and have adopted an in-house patterned practice of intentionally failing to notify the inmate population via announcements and or by posting memos to refrain from tap water, until prisoners discover it for themselves through the above-mentioned health effects.

In general, Pennsylvania Department of Corrections (DOC) knows it has a water crisis on it hands. The top agencies like the PA Department of Environmental Protection (DEP) and EPA know about this open-secret and have conspired to deliberately ignore most, if not all, of the prisoners’ official complaints. DEP has received four drinking water violations from the EPA. But the underlying problem is money, money, and more money.

Earlier this year, federal officials warned DEP that it lacked the staffing and resources to enforce safe drinking water standards. That could be grounds for taking away their role as the primary regulator of water standards, and would cost the state millions of dollars in federal funding.

In a letter dated December 30, 2016, EPA Water Protection Division Director Jon Capacasa stated, “Pennsylvania’s drinking water program failed to meet the federal requirement for onsite review of of water system operations and maintenance capability, also known as a sanitary survey.” He added, “Not completing sanitary survey inspections in a timely manner can have serious public health implications.”

One example in the City of Pittsburgh led to the closure of nearly two dozen schools and a boil-water order for 100,000 people. State environmental regulators had discovered low chlorine levels, after testing the city’s water as part of an ongoing investigation into its water treatment system. The city has also been having issues with elevated lead levels. The EPA also told DEP that the department’s lack of staff has caused the number of unaddressed Safe Drinking Water Act violations to go from 4,298 to 7,922, almost doubling in the past five years.

This leaves us with 43 inspectors employed, but, to meet the EPA mandates, we need at the least 85 full-time inspectors. That means Pennsylvania inspectors have double the workload, and this has resulted in some systems not being inspected. Logically, the larger systems get routine inspections, and systems that have chronic problems get inspected, but smaller and rural system like ours may not be because we are the minority that society doesn’t care about. Persona non grata!

To top it off, Frackville is in Schuylkill County, near a cancer cluster of the rare disease known as Polycythemia Vera (PV). While there is not definitive research on PV, it is believed to be environmental in origin and could be water borne. There’s no telling how many of us may have contracted the mysterious disease caused by drinking this toxic-contaminated water for years without being medically diagnosed and treated for this disease.

The DOC refuses to test the inmate population, in spite of the on-going water crisis. What would happen, if the inmate population would discover that they have contracted the disease PV?! Obviously, this wouldn’t be economically feasible for the DOC medical department to pay the cost to treat all inmates who have been discovered to have ill-gotten the water borne disease.

Many Pennsylvania tax-payers would be surprised to know that our infrastructure is older than Flint, Michigan’s toxic water crisis. Something is very wrong in our own backyard and the legislative body wants to keep a tight lid on it. But how long can this secret be contained before we experience an outbreak of the worst kind.

Silence, no more, it is time to speak. I could not stress the sense of urgency enough. We need to take action by notifying our Pennsylvania State Legislatures and make them accountable to the tax-paying citizens and highlight the necessary attention about Pennsylvania’s water crisis to assist those of us who are cornered and forced to drink toxic, contaminated water across the State Prisons.

If you want to obtain a goal you’ve never obtained, you have to transcend by doing something you’ve never done before. Let’s not procrastinate, unify in solidarity, take action before further contamination becomes inevitable. There’s no logic to action afterwards, if we could have avoided the unnecessary catastrophe, in the first place.

Let’s govern ourselves in the right direction by contacting and filing complaints to our legislative body, DEP, EPA, and their higher-ups, etc. In the mountains of rejection we have faced from these agencies as prisoners, your action could be our yes; our affirmation that, though we may be buried in these walls, we are still alive.

Kite Line: Appalachian Prison Resistance

By Kite Line - It's Going Down, November 3, 2017

Listen and Download Here

This week, we speak with Lill, a resident of Whitesburg, Kentucky. Whitesburg is located in Letcher County the proposed home to a new federal prison to be built on a mountaintop removal site. We have previously covered the strong local organizing in Letcher County that had helped put a stop to this toxic proposal. In light of recent efforts by the Bureau of Prisons to put the prison back on the table, we wanted to go in depth with a local organizer to help us understand the current situation and how others can support the struggle there.

Unions, Trade and Nationalism

By Tom Crofton - CounterPunch, October 31, 2017

A recent statement from the AFL-CIO regarding a rejection of NAFTA and other corporate/globalist trade agreements unfortunately only skims the surface of the issues working people face.

As the dominate union leadership in America, the AFL-CIO and its member unions need to take a deeper look at their historical behavior, and their role in enabling the evolution of the corporate state with its current right wing/anti labor swing.

American unions never were interested in taking responsibility for production. American unions developed to confront management but not to replace it. The Industrial Workers of the World (IWW) was the only organization that tried to organize horizontally across all sectors to create a “new world in the shell of the old”. The vision of workers building a society where prosperity was available to all and artificial class barriers would dissolve was never a popular theme in American labor. We have always felt that we needed the owners, agreeing at least subliminally that capital has more power than basic human needs; that human weakness, pettiness, and laziness would wreck any sort of money-free effort to exchange services; that hierarchies of wages and benefits were natural and that those at the bottom were there due to their own fault.

The evolution of trade unions cemented in place these hierarchies, leaving the least skilled workers unorganized until the CIO attempted to fill the need while organizing mine workers and African Americans during the Great depression. The following era of war-induced prosperity, and the ongoing economic expansion during the Cold War, created a phony, unsustainable sense of American prosperity for a growing middle class, where 5% of the world’s population consumed 80% of its resources. The AFL-CIO was active in this period wrecking third world union organizing attempts as a front for a CIA run, right-wing sponsored, American style Imperialism. On the home front, a rising middle class of workers were happy to build low quality products, for good wages, as the disposable society offered an endless supply of the “latest” consumer goods. Conspicuous consumption and keeping up with the Jones’s did not include the working poor or the third world.

Paperwrenching Prisons and Pipelines

By Panagioti - Earth First! Journal, October 28, 2017

AUTHOR’S NOTE: If your the type who likes to cut to the chase, here it goes: There are two open comment periods for Environmental Impacts Statements (EIS) that you should know about. One for the Sabal Trail Pipeline and another for the Letcher County federal prison. So take a few minutes to submit a comment ASAP using those links embedded up there. For those who prefer some background and deeper analysis, read on…

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Last year I co-authored “From Prisons to Pipelines” with a former-prisoner and Lakota friend from the Pine Ridge Reservation. We were moved to write by the #NoDAPL and #PrisonStrike grassroots organizing efforts that were sweeping the nation, particularly in ways that hit close to home for us.

Since that was published, a prison in Appalachian East Kentucky and a pipeline through the springlands of North Florida both became hotspots on the unofficial map of eco-resistance. Right now, there are opportunities in both of these efforts to significantly broaden the base of support for these two fights and build the long-term foundation for effective resistance.

“Paperwrenching” an EIS approval is the one of the most effective strategies for securing environmental victories, and it is essential groundwork for campaigns that escalate to direct action (especially for folks who might try to use a necessity defense in court following an action, and want to show documentation of their efforts prior to facing criminal charges).

Anything is possible when the multitude assembles

By Ben Trott - Red Pepper, October 25, 2017

From the Arab Spring and Occupy to the mass protests in Hong Kong in 2014, we have seen numerous recent movements and uprisings addressing people’s needs and desires, variously for democracy, for freedom, unshackling the people from the forces of reaction. And yet, they have failed to deliver on these radical desires; failed to create lasting change or a more democratic form of society. It is with this observation that Michael Hardt and Antonio Negri open their compelling and provocative new book, Assembly. It confronts a history of failure that has dogged leftwing movements, often framed as a problem of ‘effectiveness’, and particularly the much-debated ‘problem of leadership’. Hardt and Negri root their analysis in contemporary social reality, asking the question – given these historic disappointments, what should a new left do if it is not altogether to abandon faith in social movements?

Hardt and Negri’s best-known book, Empire, was published at the turn of the century, just after the alter-globalisation movement had taken to the streets of Seattle, disrupting the World Trade Organisation’s ministerial meeting. It argued that nation-states had become unable to guarantee and regulate capitalist production and accumulation, which were becoming truly global following the collapse of the Soviet Union and the opening of the Chinese economy. According to the authors, sovereignty itself was shifting to the global level of Empire itself: a network of supranational organisations (including the WTO), transnational corporations, state and non-state actors.

One of the book’s distinctive characteristics was its break with what Walter Benjamin, and more recently the political theorist Wendy Brown, have described as ‘left melancholia’. This is the tendency for some on the left to attach themselves to particular political ideas – and even to the failure of these ideas – rather than seizing the present possibilities for transformation. By offering a radical re-thinking of democracy, and indeed of communism, Empire served as an antidote to left melancholia at the supposed ‘end of history’ – the moment when all thought of political alternatives have been rendered useless or meaningless by the overwhelming power of the contention that ‘There Is No Alternative’ to capitalism.

It cast the emerging Empire as destructive, but resisted nostalgia for earlier forms of domination. Moreover, it argued that ‘the multitude’, or the labour that animated the ‘postmodern’ global economy, worked in increasingly creative and collaborative ways, and that the multitude itself could potentially become capable of creating a ‘counter-Empire’, inventing new democratic forms and ‘an alternative political organization of global flows and exchanges.’

Assembly follows their books Multitude (2004) and Commonwealth (2009) in developing some of Empire’s arguments and conceptual categories, although it dedicates comparatively little space to geopolitics and global order. It offers instead the authors’ most detailed discussion of the present prospects for transformation, and in light of the movements that have emerged since the global crisis of 2007/8. Its chapters are punctuated by ‘calls’ and ‘responses’ that present an approach to thinking how the multitude can assemble more effectively. And indeed, how it can ‘take power’, not by winning elections but through the invention of new institutional forms, and through cooperation in social production.

As London City Airport turns 30, let’s imagine a world without it

By Ali Tamlit - Red Pepper, October 26, 2017

Today is the 30th birthday of the opening of London City Airport – but there isn’t much to celebrate. Since the airport’s opening in 1987, carbon dioxide levels have increased from 351 parts per million (ppm), around a ‘safe’ level in terms of climate change, to a dangerously high 409 ppm this year.

Politically, discussions around sustainability and climate change were just getting started then, and there was hope that world leaders might find a solution for us. This was 5 years before the landmark 1992 Rio Earth Summit. Now, two years on from the 2015 Paris climate agreement – an agreement that on the surface sets an ambitious target of limiting global temperature rise to 1.5 degrees – there is little sign of action from any government. Top NASA scientist James Hansen described it as ‘worthless words’ with ‘no action’.

While officials prevaricate, we are increasingly seeing the devastating effects of climate change in more frequent extreme weather events: think of Hurricane Irma which hit the Caribbean last month, or the extreme flooding in Bangladesh, which left a third of the country under water.

But a lot of other things have changed since 1987. Firstly, we’ve learned as people and as a movement that although these numbers matter – parts per million and degrees centigrade – that’s not what climate change is actually about. Very recently, thanks largely to the action at London City Airport by BLMUK, the narrative that the ‘climate crisis is a racist crisis’ has been thrust into the mainstream.

Although extreme weather events are increasing, it’s important to examine who is being affected and who is causing it. London City Airport was a perfect target to highlight this argument. The UK has emitted the most CO2 cumulatively per capita since the industrial revolution, has built its wealth on colonialism and now is one of the centres of global capitalism that continues to extract resources and wealth from countries in the global South. All of this while globally 7 out of 10 of the countries most affected by climate change are in sub-Saharan Africa.

Raj Patel on How to Break Away from Capitalism

By Chris Winters - Yes! Magazine, October 23, 2017

Capitalism has been the world’s dominant economic system for more than 700 years. And as it brings the planet to new crises, author Raj Patel believes it’s important to imagine what might replace it.

But reform won’t happen unless we understand capitalism’s appeal and historical rise, says Patel, a food justice activist and professor at the University of Texas at Austin. It’s remarkably resilient and can be traced to a process he calls “cheapness.”

Together with Binghamton University professor Jason W. Moore, he has written The History of the World in Seven Cheap Things (University of California Press, 2017), which aims to put it all together for us. The seven “things” of the title aren’t physical objects as much as they are a hidden social, ecological and economic infrastructure: nature, money, work, care, food, energy, and lives. The point being that cheapness is a process of responding to economic crises by devaluing each of those forces so that capitalism can continue to concentrate wealth in the hands of the already-wealthy. In that sense, “cheap nature” refers to the way in which land and its resources are systematically given away to businesses for exploitation, “cheap work” refers to slavery and other anti-worker tactics that keep wages low, and so on.

Capitalism values cheapness above all else. And through this lens, Patel and Moore explore the evolution of capitalism from its roots in the late medieval period with the collapse of feudalism in Western Europe caused by climate change and the Black Death to—now.

Raj Patel spoke with YES! Magazine senior editor Chris Winters in Seattle. This interview has been edited and condensed.

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