Environment

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Flint: The Legionnaires Will Be What Brings Criminal Charges

In my discussions about Flint’s water crisis, I keep pointing out that Rick Snyder was largely just making a show of responding until the US Attorney revealed it had started an investigation on January 5.

The Detroit News has an utterly damning report today about the part of the story that gets less national attention: local and state officials started discussing an outbreak of Legionnaires disease back in October 2014, and national experts offered help as early as March 2015, but the state did not accept assistance offered by both the EPA and CDC until January.

Darren Lytle, an expert in Legionella from the EPA’s Cincinnati office, told his colleagues that his previous research showed that changes in water chemistry can cause disruption and “destabilize” water piping systems. Lytle “thought the incidence of Legionella must be fairly extensive for the (Genesee County Health Department) to notice and study,” according to the conference call notes.

Lytle offered to come to Flint and study the origins of the pneumonia-causing bacteria, records show.

But state and county officials appear to have never followed through with the offer for help, an EPA official said. As it did in Flint’s lead contamination, the agency stayed publicly silent about the threats to public health in Genesee County while state and local officials debated how to approach the problem, records show.

[snip]

The Legionnaires’ disease outbreak that infected 87 Flint-area residents and caused nine deaths from April 2014 through November was not made public until Jan. 13, when Snyder announced them in a hastily called press conference in Detroit. Snyder had learned of the outbreak two days before, an aide said.

In January, state health officials finally requested support from CDC’s Legionella experts 11 months after it was offered, Nordlund said.

Through that entire time period, state officials pretended they were developing a public information campaign to tell Flint residents about the outbreak. And, as the story reminds, nine people died directly from Legionnaires during that period.

Shortly after the feds revealed they were investigating, the Attorney General announced his own (very conflicted) investigation, the investigator for which, Andy Arena, claimed is the biggest investigation in Michigan history (Arena led the investigation into the UndieBomb attack while still at the FBI). It has been unclear what those investigations might find or whether anyone would be found of breaking the law. Certainly, on the lead poisoning, the state seemed to believe they were adequately testing for lead (even though, as this story notes, local authorities were far more worried about months before the state officials).

But I have to believe the Legionnaires is where people are really exposed for criminal negligence, as they let people continue to be exposed to deadly bacteria months and months after federal officials tried to help.

 

Hillary’s Flint Gambit

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As I’ve noted repeatedly, when independent tests first publicized that decisions made by Governor Snyder’s hand-picked Emergency Manager were poisoning Flint’s children last October, he made a show of response, but it wasn’t until the Task Force he appointed laid into his Department of Environmental Quality and Detroit’s US Attorney revealed it was investigating the problem that Snyder ratcheted up his effort to appear to be responding.

But his actions since then have largely been an attempt to stall for time, presumably a hope that anti-corrosives in Flint’s pipes will bring lead levels down so that we can all move on and forget about it. True, he did get the state legislature to cough up $28 million, which will go to ramping up state agency involvement. He has asked for $30 million to alleviate some, but not all, of Flint residents’ water bills so they’re not paying for water they can’t use, but it’s not clear the legislature will fund it (and it’s just partial relief in any case).

But at the same time, he has asked for bigger funding chunks from the Federal government: $96 million under disaster funding for things including replacing a fraction of the lead pipes in the city, and the expansion of funding for WIC funding for Flint’s children until they’re 10 (which would have improved nutritional support for kids at risk of lead poisoning). The Feds denied both those requests. Snyder and the Republicans are now blaming Obama for denying these requests. Understand: Obama’s administration could only had approved them by violating the terms of these programs set by Congress. Snyder asked for something that, under the law, Obama could not give, and now Snyder is using that denial to try to pawn off responsibility onto Obama, rather than the appointed managers who created this mess and ignored it for over a year.

That leaves the lead pipes in the ground, still leaching toxic levels of lead four months after anti-corrosives were first added to the water to try to reverse the corrosion. Some houses in Flint still have so much lead in the water that filters cannot be trusted to remove the poison.

Michigan’s Senators, Debbie Stabenow and Gary Peters, tried to get $600 million added to a bipartisan energy bill to start the work of actually replacing those pipes. But even revising that request down to $200 million didn’t work, so Democrats filibustered the bill.

That was Thursday.

Hours later, during the debate, Hillary announced she’d do an appearance in Flint today, which ended a few hours ago.

I will be in Flint at the Mayor’s invitation on Sunday to get an in depth briefing about what is, and is not happening.

This is an emergency. Everyday that goes by that these people, particularly the children, are not tested so we can know what steps must be taken to try to remediate the effects of the poisoning that they have been living with is a day lost in a child’s life. I know from the work that I’ve done over so many years, lead, the toxic nature of lead can affect you brain development, your body development, your behavior.

I absolutely believe that what is being done is not sufficient. We need to be absolutely clear about everything that should be done from today to tomorrow, into the future to try to remedy the terrible burden that the people of Flint are bearing. That includes fixing their pipes, it includes guaranteeing whatever healthcare and educational embellishments they may need going forward, and I think the federal government has way where it can bill the state of Michigan. If Michigan won’t do it, there have to be ways that we can begin to move, and then make them pay for it, and hold them accountable.

Her appearance (which drew no national coverage) had some strong points: She reminded she had worked on lead (paint) issues in New York, she noted that many other cities are suffering from similar problems, she called to get Flint people working to replace the pipes.

She brought up the $200 million Democratic Senators are currently demanding.

Therein lies the rub.

I’m completely agnostic about whether this particular trip will hurt or help (it’s very clear that Hillary’s focus on Flint two debates ago helped draw attention, though of course that came months after the lead poisoning was first revealed in October).

It could be that next week Democrats in the Senate will be able to get Republicans to relent to their demand for Flint funding. But it could also be that Republicans will dig in, given that denying Flint funding becomes a way to deprive the presumptive Democratic nominee a win. That’s true, especially since John Cornyn already accused Democrats of trying to embarrass Republicans on this issue.

Republican Majority Whip John Cornyn of Texas called the Democrats’ sudden rejection of what had been bipartisan support for the energy bill “gamesmanship” and an effort to “embarrass Republicans” by making it seem they did not care about Flint.

He said state officials are trying to figure out how much a full infrastructure repair program in the city might cost — an estimate is expected next week — and to authorize full funding before that was “putting the cart before the horse.”

“The State of Michigan and the City of Flint don’t know what they need to do to fix the problem or how much it will cost,” Cornyn said. “The senators form Michigan come in here and say we don’t need to know … we want cash.”

It seems Republicans are stalling, hoping this will fade from view before some Republican legislature — either Federal or state — ends up funding a needed infrastructure program which will not only fix the water problem, but provide a Keynesian boost to a city Republicans would like to cure with more austerity. As months go on, this year’s Presidential and next year’s gubernatorial election will exert pressure of some sort. It may well be that Hillary can use her focus on Flint to showcase a call for more infrastructure funding that will tip some elections. It may also be that the prospect of Hillary on the ballot in November exerts pressure downticket on Republicans.

But for the moment, this seems like uncertain political gamesmanship that could leave Flint residents drinking from plastic bottles for months to come.

Update: I meant to include this quote from a Flint resident, which encapsulates my concern.

“It’s bad news to me,” said Arthur Woodson, a 46-year-old Army veteran who runs New Beginnings, a Flint-based nonprofit aimed at helping soldiers return to the community. “She’s turning it into a political football. The GOP won’t ever do anything now. They’re going to turn it into a partisan thing.”

“This is a water issue,” he continued. “It’s not a political issue. We got kids who are suffering. We don’t have time for this partisan stuff.”

Update: MI Republican Chair and Mitt Romney niece Ronna Romney McDaniel is out complaining about this “calculated campaign tactic.”

Families and residents in Flint deserve better than being used as political pawns by a Presidential candidate. This visit is not an act of benevolence; it is a calculated campaign tactic – an attempt to grab headlines by a struggling campaign.

It is time to focus on solutions. As a candidate who proclaimed that the enemies she is most proud of are Republicans, I doubt that Hillary Clinton is here to contribute to the bipartisan effort to fix this crisis. The families in Flint deserve solutions, not a stunt that does nothing to help the city or the people who call it home.

Flint Crisis: Harvey Hollins Not Giving Task Force Information that Implicates Harvey Hollins

Some weeks ago, I noted that Rick Snyder had picked his Director of Urban Initiatives, Harvey Hollins, to coordinate response with his hand-picked Task Force to respond to Flint, in spite of the fact that Hollins was intimately involved in all his prior decisions involving Flint.

First, back in early December, Snyder’s hand-picked Task Force for responding to the Flint crisis met with him to tell him of their initial observations. One of their key recommendations, as made clear by a meeting summary they shared with him, was that he appoint one single person to handle the response. (See PDF 240ff)

We also believe it important that a single person or entity-potentially independent of any one particular state agency and mutually agreeable to this Task Force and you, Governor-be established to provide effective coordination of ongoing activities and reporting on thestatus of mitigation measures.

[snip]

Accordingly, in advance of our final report, we would like to ensure the independentcoordinator suggest ed above engage trusted community groups to beginrebuildincommunity trust in state actions.

Snyder responded by “appointing” Harvey Hollins, his Director of Urban Initiatives, as that person “independent” of the “involved state agencies.”

You make a solid suggestion about establishing a person who is independent of any one of the involved state agencies to serve as the point person to coordinate t he ongoing work. I am recommending that Harvey Hollins, director of the Office of Urban Initiatives,carry out this effort. Harvey Is wellversed in the issues and the challenges faced by ourcities and will be effective in this role. Senior members of our executive team willcontinue to engage with your task force and provide direction and support to Harvey to ensure you will have continued support and cooperation.

The thing is, Hollins was in no way “independent” of the decisions that poisoned Flint. He has been involved at every phase, down to coordinating Snyder’s hush-hush water filters when he was still trying to cover it up. So basically Snyder just “appointed” the guy he had “appointed” to oversee all the decisions that got Flint poisoned in the first place.

The other day, Progress Michigan revealed that MI’s Department of Environmental Quality had alerted Hollins of concerns that the Legionnaires outbreak in Flint might be tied to the water switchover last March.

In the next few days, officials at DEQ exchanged some panicked emails, pretty much blaming Flint for the non-response, noting that DEQ “became peripherally aware” of the spike in Legionnaires, but also bitching about the Genesee County supervisor suggesting that it might be tied to the switch to Flint river water.

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It appears that panicked email was printed out by then DEQ Director Dan Wyant’s assistant, Mary Beth Thelen, then initialed by Wyant, presumably indicating he had read it.

Also included on that email, though, was Harvey Hollins.

Yesterday, the Free Press reported that, in an interview, Hollins had explained that he had decided there was not yet enough information to brief the Governor on the public health crisis potentially tied to the water.

Harvey Hollins III, director of Michigan’s Office of Urban and Metropolitan Initiatives, said in an interview Friday that he received an e-mail from a Department of Environmental Quality official in March about concerns over Legionnaires’ disease in Genesee County. But Hollins said he told the e-mail’s author, former DEQ spokesman Brad Wurfel, in a follow-up call, that there was not enough information for him to take the issue to the governor.

Instead, Hollins said he told Wurfel to gather more information and have the department’s director bring it directly to the governor if it was warranted. Hollins said he heard nothing more about the issue until late December when local officials in Flint revealed the outbreak had recurred.

Hollins said he should not be held responsible for what some have called the state’s sluggish response to the Legionnaires’ outbreaks starting in 2014. The outbreaks and the city’s 2014 switch to the Flint River for its drinking water are suspected of being linked, but state officials said they have yet to make a direct connection.

“I have nothing to leave over,”  Hollins  said when asked whether he considered resigning over the issue. “When you have people who are professionals who are hired … to do their job and it takes four months to do that, for me to leave over their missteps, I’m not going to do that,”

“I don’t feel any responsibility for grown-ups who don’t do their jobs,” he added.

It’s unclear whether the Freep asked Hollins if he felt any responsibility for the 9 people who died in this Legionnaires outbreak.

Also yesterday, one of the doctors on the Task Force with which Hollins is supposed to be coordinating communication said that it is having problems getting information — notably, on the Legionnaires outbreak — from state agencies.

“Unfortunately, first on the list is the legionella issue,” said Reynolds of Mott Children’s Health Center, referencing spikes in the fatal Legionnaires’ disease after the city began using Flint River water in April 2014.

“Some agencies have been very forthcoming, other agencies it’s like pulling teeth to get information, and it can get real frustrating and doesn’t facilitate good communication,” he said.

Reynolds, who serves on the task force, raised his concern during a meeting of the Flint Interagency Coordinating Committee attended by Snyder and top aide Rich Baird, who vowed to help Reynolds push through any bureaucratic resistance.

[snip]

The Flint task force has been working to wrap up its investigation this month, but Reynolds said members may need to reinterview some officials because of recent developments.

“If we don’t ask the question, we don’t get the answer,” he said. “But there’s clearly information that’s being withheld.”

How curious that Hollins doesn’t seem to be terribly effective at getting the Task Force the information it needs about events that implicate Hollins.

Friday Morning: Nasty Habits

I got nasty habits; I take tea at three.
— Mick Jagger

Hah. Just be careful what water you use to make that tea, Mick. Could be an entirely different realm of nasty.

Late start here, too much to read this morning. I’ll keep updating this as I write. Start your day off, though, by reading Marcy’s post from last night. The claws are coming out, the life boats are getting punctured.

Many WordPress-powered sites infected with ransomware
Your next assignment this morning: check and update applications as out-of-date versions of Adobe Flash Player, Adobe Reader, Microsoft Silverlight, or Internet Explorer are most prone to this new wave of ransomware affecting WordPress sites. Back up all your data files to offline media in case you are hit with ransomware, and make it a habit to back up data files more frequently.

Planes inbound to the UK from regions with Zika virus may be sprayed
Take one tightly-closed oversized can, spray interior with insecticide, then insert humans before sealing for several hours. This sounds like a spectacularly bad idea to me. What about you? Yet this is what the UK is poised to do with planes flying in from areas with frequent Zika infections.

Comcast a possible smartphone service provider
NO. I don’t even have Comcast, yet I think this company is one of the worst suited to offering smartphones and service to their users. The company has expressed interest in bidding on spectrum for wireless, however. Comcast has struggled for years with one of — if not THE — worst reps for customer service. How do they think they will manage to expand their service offering without pissing off more customers?

AT&T obstructing muni broadband
No surprise here that AT&T is lobbying hard against more broadband, especially that offered by communities. The public knows there’s a problem with marketplace competition when they don’t have multiple choices for broadband, and they want solutions even if they have to build it themselves. When AT&T annoys a Republican lawmaker while squelching competition, they’ve gone too far. Keep an eye on this one as it may shape muni broadband everywhere.

Volkswagen roundup
VW delayed both its earnings report scheduled March 10th and its annual meeting scheduled April 21. The car maker says it needs more time to assess impact of the emissions control scandal on its books. New dates for the report and meeting have not been announced.

Volkswagen Financial Services, the banking arm of VW’s holding company structure which finances auto sales and leases, suffers from the ongoing scandal. Ratings firms have downgraded both the bank and parent firm. Not mentioned in the article: potential negative impact of emissions control scandal on VW’s captive reinsurer, Volkswagen Insurance Company Ltd (VICO).

Both the Justice Department and the Environmental Protection Agency filed a civil suit against VW in Detroit this week. Separate criminal charges are still possible.

That’s a wrap, I’m all caught up on my usual read-feed. Get nasty as you want come 5:00 p.m. because it’s Friday!

DEQ Employees Seem Unwilling to Take the Fall for Flint

During yesterday’s Congressional hearing — and really, since the Governor’s hand-picked Task Force first gave him an interim report in December — employees from Michigan’s Department of Environmental Quality have come in for most of the blame for poisoning Flint.

But today, Progress Michigan published some emails that suggest DEQ’s employees are unwilling to take the fall, at least not by themselves. They show that in March of last year, a supervisor in Gennesee County’s health department wrote people in Flint and at DEQ asking for help with data on water quality after getting no response to a FOIA in January 2015.

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In the email, the supervisor noted that a spike in Legionnaires coincided with the switch to Flint’s water. Jerry Ambrose was then the Emergency Manager of Flint; it’s unclear why he was using a GMail address as EM.

In the next few days, officials at DEQ exchanged some panicked emails, pretty much blaming Flint for the non-response, noting that DEQ “became peripherally aware” of the spike in Legionnaires, but also bitching about the Genesee County supervisor suggesting that it might be tied to the switch to Flint river water.

Screen Shot 2016-02-04 at 7.02.07 PM

It appears that panicked email was printed out by then DEQ Director Dan Wyant’s assistant, Mary Beth Thelen, then initialed by Wyant, presumably indicating he had read it.

Also included on that email, though, was Harvey Hollins.

As I noted here, in December, in response to a recommendation from Governor Snyder’s hand-picked Flint Task Force, the governor picked Hollins to be the single “independent” person overseeing response to the Flint crisis. It was absurd to pick him in the first place, because (as this shows) Hollins had been personally involved all along. But he is, at least on paper, in charge of response.

In other words, the email chain shows that both Snyder’s hand-picked EM and the guy in charge of liaising with Flint knew, over a year ago, that Legionnaires (which has since killed at least 9 people) might be tied to the water switchover.

Progress Michigan doesn’t note how they came by this email. But it’s pretty clear it was Wyant’s personal copy of it. In December — in response to another suggestion by the Task Force — Snyder had Wyant resign. Since then, Attorney General Bill Schuette pointed to Wyant’s resignation (which he originally expressed sadness about) to justify opening up his own investigation into the crisis.

All of which suggests to me that Wyant is unwilling to be the sole scapegoat for this crisis.

Why Is the Postal Inspection Service Investigating the Flint Water Crisis?

I hope to have a further update about the ongoing effort to bury the Flint water crisis before the Oversight and Government Reform hearing on Wednesday morning.

But in the meantime I wanted to point to this passage, helpfully dropped out of the US Attorney’s investigation in Detroit:

The Federal Bureau of Investigation said on Tuesday it was joining a criminal investigation of lead-contaminated drinking water in Flint, Michigan, exploring whether laws were broken in a crisis that has captured international attention.

Federal prosecutors in Michigan were working with an investigative team that included the FBI, the U.S. Postal Inspection Service, the U.S. Environmental Protection Agency’s Office of Inspector General and the EPA’s Criminal Investigation Division, a spokeswoman for the U.S. Attorney’s Office in Detroit said.

An FBI spokeswoman said the agency was determining whether federal laws were broken, but declined further comment.

I’m actually not at all surprised FBI is involved in this investigation. That sort of comes with the territory of a US Attorney investigation, it seems.

But the US Postal Inspection Service? Here’s the kind of crime they investigate:

Report these issues to the U.S. Postal Inspection Service online:

  • Mail fraud May include scams or deceptive ads via the mail, or postage fraud.
  • Mail theft Under Inquiry Type, select Problem. Under Customer Service, select Support, and Mail Theft. Under Additional Information, explain why your complaint is mail theft-related.
  • Identity theft
  • Unsolicited Sexually Oriented Advertising

If you believe you’re a victim of fraud related to the U.S. Mail, including mailed sweepstakes, lotteries, on-line auctions, work-at-home scams or chain letters, report your concern to the U.S. Postal Inspection Service as mail fraud.

They often get brought in as an investigative partner if the government needs to track what has been mailed, and mail fraud charges can serve as hand add-on charges in cases where someone used the mail to help commit a crime.

I can imagine a lot of things the FBI might be investigating. But I know of no facts, thus far, that involve mail-related crimes.

Tuesday Morning: Don’t Drive Angry

Okay, campers, rise and shine! It’s Groundhog Day! Like that genius film Groundhog Day we are stuck in an unending, repeating hell — like the dark circus that is our general election cycle in the U.S.

The lesson: it’s hell by choice. Let’s choose better. What’ll we choose today?

BPS, replacement for plastic additive BPA, not so safe after all
Here’s a questionable choice we could examine: using BPS in “BPA-free” plastics. A study by Geffen School of Medicine at UCLA found that BPS negatively affects reproductive organs and increased the likelihood of “premature birth” in zebrafish, accelerating development of the embryos. Relatively small amounts and short exposures produced effects.

As disturbing as this finding may be, the FDA’s approach to BPA is worrisome. Unchanged since 2014 in spite of the many studies on BPA, the FDA’s website says BPA is safe. Wonder how long it will be before the FDA’s site says BPS is likewise safe?

Exoskeleton assists paraplegic for only $40,000
Adjustable to its wearer’s body, SuitX’s exoskeleton helps paraplegic users to walk, though crutches are still needed. It’s not a perfect answer to mobility given the amount of time it takes to put on the gear, but it could help paraplegics avoid injuries due to sitting for too long in wheelchairs. It’s much less expensive than a competing exoskeleton at $70K; the price is expected to fall over time.

SuitX received an NSF grant of $750,000 last April for its exoskeleton work. Seems like a ridiculous bargain considering how much we’ve already invested in DARPA and other MIC-development of exoskeletons with nothing commercial to show for it. Perhaps we should choose to fund more NSF grants instead of DOD research?

Patches and more patches — Cisco, Android, Microsoft

Dudes behaving badly

  • Former Secret Service agent involved in the Silk Road investigation and later charged with theft of $800K in Bitcoins has been arrested just one day before he was to begin serving his sentence for theft. This Silk Road stuff is a movie or cable series waiting to happen.
  • Massachusett’s Rep. Katherine Clark, who proposed the Interstate Swatting Hoax Act last November, was swatted this weekend. Fortunately, the local police used a low-key approach to the hoax call. Way to make the case for the bill‘s passage, swatters, let alone increased law enforcement surveillance.

I know I’ve missed something I meant to post, but I’ll choose to post it tomorrow and crawl back into my nest this morning to avoid my shadow. In the meantime, don’t drive angry!

Harvey Hollins Is Supposed to Be Leading Flint Response but Snyder Sent Richard Baird Instead

In my posts on Flint, I’ve alluded to a guy named Rich Baird, whom Governor Rick Snyder calls his “Transformation Manager.”

This morning, the Detroit News reported Snyder is sending Baird to oversee his Flint response.

The governor is dispatching his fixer and confidant, Rich Baird, to Flint to help coordinate the state response and to reassure the city’s elected leaders of direct, daily contact with the governor’s office.

Eclectablog has written several important posts on who Baird is and, importantly, how he was originally funded.

Baird, who had recently retired from PricewaterhouseCoopers, set up a consulting firm called MI Partners and took on one client: Governor Rick Snyder. He makes $100,000 year, paid for by unknown donors to the NERD fund, and sits at the right hand of the governor. His office is literally in the governor’s executive office suite. If you look at the Executive Office directory (pdf), there is Richard Baird’s name, listed along with the normal staffers paid like most other government officials with taxpayer money:

The important point though is that Baird, who has been a critical figure in Snyder’s emergency management schemes, started as a public/private fixer, working for private entities we can’t know about. In advance of the reelection campaign, at a time when people were demanding to know who had been paying Baird’s salary, Baird was brought onto state payroll. But he is a key figure in Snyder’s corporate driven effort to loot Michigan.

There are two reasons I’m interested in the report that Baird is overseeing Snyder’s response.

First, back in early December, Snyder’s hand-picked Task Force for responding to the Flint crisis met with him to tell him of their initial observations. One of their key recommendations, as made clear by a meeting summary they shared with him, was that he appoint one single person to handle the response. (See PDF 240ff)

We also believe it important that a single person or entity-potentially independent of any one particular state agency and mutually agreeable to this Task Force and you, Governor-be established to provide effective coordination of ongoing activities and reporting on the status of mitigation measures.

[snip]

Accordingly, in advance of our final report, we would like to ensure the independent coordinator suggest ed above engage trusted community groups to begin rebuildincommunity trust in state actions.

Snyder responded by “appointing” Harvey Hollins, his Director of Urban Initiatives, as that person “independent” of the “involved state agencies.”

You make a solid suggestion about establishing a person who is independent of any one of the involved state agencies to serve as the point person to coordinate t he ongoing work. I am recommending that Harvey Hollins, director of the Office of Urban Initiatives, carry out this effort. Harvey Is wellversed in the issues and the challenges faced by our cities and will be effective in this role. Senior members of our executive team will continue to engage with your task force and provide direction and support to Harvey to ensure you will have continued support and cooperation.

The thing is, Hollins was in no way “independent” of the decisions that poisoned Flint. He has been involved at every phase, down to coordinating Snyder’s hush-hush water filters when he was still trying to cover it up. So basically Snyder just “appointed” the guy he had “appointed” to oversee all the decisions that got Flint poisoned in the first place.

But now he’s putting (or the press is reporting that he already did put) someone else — Baird — in charge of his response.

Which brings us to what Snyder’s emails show about the involvement of Baird.

Now, I hope to get around to posting evidence from his released emails that Snyder has a second email account, and that much of what we see in the released emails are efforts to keep certain things off the books (not just in that second account but in phone or face-to-face conversations). So — as MotorCity Muckraker pointed out — it’s perhaps not surprising that Baird doesn’t appear to send Snyder many emails (on this account) but it is notable.

When he does appear in emails is interesting, however.

Baird appears in emails forwarded with public announcements relating to Flint in 2014.

  • PDF 5: January 15, 2014: Public announcement of federal funding
  • PDF 26: April 30, 2014: Flint EM’s budget talking points

Then Baird didn’t show up in emails again until the shit started hitting the fan in October 2015. It’s quite clear from these emails that Baird had a key role in responding to this crisis, including as the go-between with the Task Force Snyder set up to make the whole problem go away.

  • PDF 110: October 06, 2014: Public distribution of water filters
  • PDF 217: November 17, 2015: DEQ’s (significantly misleading) self-report to Snyder’s Task Force
  • PDF 240: December 7, 2015: Task Force (Ken Sikkema)’s formal conveyance of its report to Snyder
  • PDF 243: December 10, 2015: Response to Task Force, reflecting input from Baird
  • PDF 246: December 11, 2015: DHHS testing data
  • PDF 250: December 24, 2015: Office of Auditor General response to State Senator Jim Ananich
  • PDF 252: December 28, 2015: DEQ concurring in OAG’s analysis
  • PDF 269: December 28, 2015: Response to pre-shared copy of Task Force report, reflecting conference call involving Baird, noting a phone call to follow
  • PDF: December 29, 2015: Snyder’s statement about Task Force response, with note that Baird would meet face-to-face with Task Force on follow-up

By late December, it’s clear the governor’s staff was avoiding putting certain things in writing. In some key moments, in fact, Baird was involved in conversations about the response.

None of this is surprising. But it does make it clear that Snyder’s real response here is being led by his public-private fixer.

Bill Schuette’s Bogus Excuse for His Belated Investigation into Flint

This morning, Michigan’s Attorney General and aspiring gubernatorial candidate Bill Schuette appointed a lawyer who has donated $10,200 to his own state-wide elections and chunks more to other Republicans (as well as a smaller donation to Jennifer Granholm in 2005) to lead the “state” investigation into Flint (this is, of course, an investigation carried out by two private citizens granted the authority of the state, not the state itself — yet more private contractors who will make money off the screw-ups of Snyder’s emergency managers).

Just as interesting as the financial ties Todd Flood has with the Republican party is the excuse Schuette gave for all of a sudden deciding he needed to conduct an investigation just after the story leaked on January 5 that Detroit’s US Attorney, Barb McQuade, is investigating. Schuette said he decided to act in the wake of some resignations from staffers from the Department of Environmental Quality.

Initially Schuette had declined to investigate the Flint water crisis, but said that in early January new information including the resignation of Michigan Department of Environmental Quality officials had changed his mind.

This claim suggests some pretty whacky timing. The DEQ employees who had resigned by the time Schuette announced his investigation on January 15 were DEQ Director Dan Wyant and Spokesperson Brad Wurfel (Snyder subsequently announced the suspension of two unnamed DEQ employees on January 22).

But Schuette sure as hell didn’t sound like he thought Wyant’s resignation merited an investigation on December 29, when he released this statement.

I am saddened to hear of the resignation of Department of Environment Quality Director Dan Wyant. In my 20-plus years of knowing him, Dan has been a hardworking, dedicated public servant. I am committed to working with all parties, including the legislature and Governor, to ensure the public’s health and the well being of Michigan residents.

On the contrary, Schuette sounded like it was a terrible thing that those mean poisoned Flint kids brought about a career setback for his buddy.

Moreover, the emails Snyder released make it clear that the “resignations” and “suspensions” of these DEQ fall guys was very closely orchestrated.

The day before the governor’s Task Force on Water (directed by a GOP partisan but including the leader of an environmental group and some health academics) formally delivered an interim report to Snyder, December 28, someone sent an advance copy to the governor. (See PDF 269 for the advance copy and discussion that followed, and PDF 265 for the formal conveyance of the report to the governor.) Snyder’s Chief of Staff, Jarrod Agen, his legal counsel, James Redford, his Director of Urban Initiatives, Harvey Hollins (who was involved in the Flint issues throughout, and whom Snyder laughably appointed as the “independent” person to oversee the Flint response in December), his privately-paid bully “Transformation Manager” Richard Baird, and his Communications Director Meegan Holland had a conference call to figure out how to respond. Agen’s email to Snyder makes it clear that before that call, there had already been a plan to make “structural changes” at DEQ.

Attached is a letter from the Flint Water Task Force which will be formally sent to you tomorrow. The Task Force then plans to release this letter publicly on Wednesday morning.

You will see the letter is harsh against DEQ.

Rich, Redford, Harvey, Meegan, and myself all just gathered on a conference call to discuss our upcoming actions regarding Flint. While we don’t think this letter should change any of our actions, we agreed we may need to accelerate some of the structural changes at DEQ.

Our suggestions:

1) Make structural changes at DEQ as early as tomorrow: The recommendations in this letter suggest profound change at DEQ and openly criticize Director Wyant. If this is the path that the Task Force is on, it is best to make changes at DEQ sooner rather than later. That likely means accepting Dan’s resignation. It also means moving up the termination of the 3 DEQ personal previously planned for Jan 4 to tomorrow.

His notes also make it clear that there was already a plan to terminate 3 other DEQ personnel on January 4 (which presumably would be Wurfel and the two staffers who got suspended on January 22).

There’s no indication that Schuette was involved in these discussions (though given that he was already defending Snyder in multiple lawsuits, you would think he was in communication with Redford).

Still, it’s quite clear that the “resignation” of DEQ staffers was planned well in advance.

So why wasn’t Schuette’s investigation planned before it became clear that the US Attorney is also investigating?

At a time when MI is facing a $1.9 million bill for Schuette’s personal tirade against equality and can’t pay to fix its roads, Schuette has launched this private investigation that will need a separate appropriation to compete with the pre-existing federal one.

He did not put a timeline or cost estimate on the investigations, though he said he was in discussions with legislative leaders regarding a possible need for additional appropriation to fund the operation.

Schuette’s belated interest in seeing if any laws have been broken sure does stink.

The Circumstantial Case for Flint River Water and Hot Water Tanks Leading to Flint’s Legionnaires’ Oubreak

Although the progressive community has been aware, for more than a year, of the water quality crisis in Flint that was created when the state-appointed emergency manager switched Flint from Detroit’s water system to a supply from the nearby Flint River, national attention is only now starting to focus on it. Today’s New York Times features an editorial denouncing the “depraved indifference” Governor Rick Synder’s administration showed toward Flint as the crisis unfolded.

The basics of what happened are clear. Water from the Flint River is much more corrosive than that from the Detroit water system (from Lake Huron). Even though this water leaves the Flint processing facility fairly clean and appearing to meet most standards, its corrosive nature results in the pipes in the aged Flint distribution system corroding. Both iron and lead leach into the water as a result of this corrosion, leaving the water with a reddish-orange tint and unsafe levels of lead. Children in the area have already shown elevated levels of lead in their systems. Sadly, lead damage is irreversible.

A bit of digging shows that the corrosive nature of the Flint River water comes from its high chloride content. [Note: free chloride ions (Cl) are distinct from intact molecular chlorine (Cl2) and have very different chemical effects in the systems being described here. For brevity, they will be referred to as chloride and chlorine, respectively.] That high chloride content very likely results from heavy application of salt to roads during winter and subsequent runoff of the salt into tributaries and the river. The Flint River has a chloride content about eight or nine times higher than Lake Huron.

Technical documentation of the Flint water crisis is almost entirely the work of a group of researchers directed by Professor Marc Edwards of the Department of Civil and Environmental Engineering at Virgina Tech (frequently updated at their website, flintwaterstudy.org). As the Times editorial noted, the Snyder administration tried to dismiss one group of critics as “anti-everything”. That won’t work with Edwards, who won a MacArthur Foundation Fellowship (often called a Genius Grant) in 2007 for his work on water quality.

One very simple and elegant study carried out by Edwards and his team is described in this post from August 24 of last year. The team took a clean-looking sample of Flint water and put it into a glass jar along with a piece of iron. The iron is present to mimic the effect of the Flint water coming into contact with iron pipes as it flows through the distribution system into people’s homes. An otherwise identical sample was prepared with water that came from the Detroit water system. After only five days, the jars looked dramatically different:

Flint water that has been in the presence of iron for five days takes on a reddish cast while Detroit water does not. Image is Figure 3 found at http://flintwaterstudy.org/2015/08/why-is-it-possible-that-flint-river-water-cannot-be-treated-to-meet-federal-standards/ by Dr. Marc A. Ewards and Siddhartha Roy.

Flint water that has been in the presence of iron for five days takes on a reddish-orange cast while Detroit water does not. Image is Figure 3 found at http://flintwaterstudy.org/2015/08/why-is-it-possible-that-flint-river-water-cannot-be-treated-to-meet-federal-standards/ by Dr. Marc A. Ewards and Siddhartha Roy.

The water in the Flint jar looks just like what we have seen in countless photos of exasperated Flint residents wanting something done about the poor quality of the water coming out of their taps. Leached iron by itself could well be the cause of this discoloration that is common in Flint. We will come back to this same study in a bit.

In addition to the dire issue of unsafe lead levels in homes (and subsequently documented in children) that received Flint River water, another problem may relate to the changed water source. Writing at Huffington Post earlier this week, Erin Schumaker documented an outbreak of Legionnaires’ Disease in Flint. Remarkably, in a graphic created by Alissa Scheller, we see that the outbreak coincides quite precisely with the change in water source:

Huffington Post graphic depicting Legionnaires' Disease cases in Flint and their correlation with the water source. Link: http://www.huffingtonpost.com/entry/flint-water-legionnaires-lead-crisis_us_569d09d6e4b0ce4964252c33 Graphic by Alissa Scheller.

Huffington Post graphic depicting Legionnaires’ Disease cases in Flint and their correlation with the water source. Link: http://www.huffingtonpost.com/entry/flint-water-legionnaires-lead-crisis_us_569d09d6e4b0ce4964252c33 Graphic by Alissa Scheller.

How could there be a pathway connecting the water source to a Legionnaires’ outbreak? Continue reading

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Emptywheel Twitterverse
bmaz @barrettmarson It was nasty all the time.
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bmaz @barrettmarson @troyhaydenfox10 I miss the old CB-6. That was fun.
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bmaz Gonna be a lot of this for a very long time https://t.co/4OpGOjTg3t
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bmaz @ryanlcooper Cable is going to be fantastic. All Trump, all the time. You'll love it!
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bmaz @imillhiser Same, and I am not convinced that Cruz wouldn't be worse in many ways. Not convinced Trump is better either.
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bmaz @sahilkapur And disputing that its an acceptable justification for the difference in way Clinton/press acted then and way she is acting now.
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bmaz @sahilkapur No, just disputing that the relative difference is of any current materiality as to whether Sanders stays in race.
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bmaz @sahilkapur And the fact that relative delegate counts were a little different doesn't ratify the propriety of the situation; condemns it
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bmaz @sahilkapur Bullshit. The entire weight of the DLC/DNC and press lackeys were not oriented cravenly against Clinton then as are Sanders now.
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bmaz @sahilkapur I think the statement speaks for itself.
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bmaz @sahilkapur Dewey beats Truman! Let the people vote.
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bmaz @sahilkapur And it is hilarious, if not flat out ridiculous that the press holds Sanders to a relative standard they didn't Clinton in 2008
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