Debbie Stabenow to Chair Agriculture Committee

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Finally, some good news coming out of November’s election.

Debbie Stabenow has been selected to replace the outgoing Blanche Lincoln as Chair of the Senate Agriculture Committee. (There had been some concern that Big Ag would oppose someone like Stabenow and instead push Kent Conrad to take the position.)

As I’ve explained before, this means that a Senator from a state with diverse, smaller-scale agriculture will take over and preside over 2012’s Agriculture Bill. Hopefully, this will present an opportunity to refocus our Ag policy on smaller scale, more healthy agriculture.

She’s got some statements from leaders of MI’s Ag community posted; the describe some of her past focus on specialty crops, food safety, and research.

“Senator Stabenow and her staff worked very hard on the 2008 farm bill to make sure there were new provisions that are specific to specialty crop farmers in Michigan and throughout the United States. She has been a champion for food safety programs, conservation, energy and research. We need an elected official like Senator Stabenow who is interested in Michigan agriculture, and working to grow and expand the economic engine in the state that creates jobs and keeps our food supply safe.” – Phillip J. Korson II, President of The Cherry Marketing Institute.

[snip]

“Sen. Debbie Stabenow has been a friend of agriculture and farms, large and small, serving the Michigan State House, U.S. House, and U.S. Senate Agriculture Committees and been an advocate for strong Michigan food systems. She really listens to farmers, both commodity crop and specialty crop growers, regarding their concerns about federal policy.” – Elaine Brown, Executive Director of the Michigan Food and Farming Systems.

“We are very appreciative of Senator Stabenow’s tireless efforts in support of the International Food Protection Training Institute’s mission to improve food safety nationwide. As Chairwoman, we expect that Senator Stabenow will continue to build on her strong track record in agriculture and food safety.” – Gerald Wojtala, Executive Director of the International Food Protection Training Institute.

“Senator Stabenow filled a leading role in the writing and passage of the 2008 Farm Bill. Senator Stabenow authored the first ever Specialty Crops title, which recognized the importance of these crops to our country’s agriculture. She also helped in many other provisions of the bill, particularly support for agricultural research and conservation programs.”- Dave Smith, Executive Director of the Michigan Vegetable Council.

Congratulations Senator Stabenow.

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Debbie Stabenow v. Ben Nelson; Cherry Orchards v. Con Agra

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This could be an interesting, beneficial outcome of this year’s election: Debbie Stabenow ascending to Chair the Agriculture Committee.

As of his last calculation, Nate Silver gives the Democrats an 84% chance of keeping the Senate. But they’ll keep it without Blanche Lincoln, whom Nate gives a 100% chance of losing to John Boozman. And that’ll open up the Chairmanship on Ag.

The Politico reports that, in spite of the fact that four people have more seniority on the committee, Stabenow stands a decent chance of getting the post, though Bad Nelson might demand it as his reward for staying in the caucus.

Michigan’s Debbie Stabenow is seen as the front-runner to replace Lincoln, but that’s not a given. Nebraska moderate Ben Nelson might win the post as a consolation prize for staying in the Democratic Party, or Kent Conrad of North Dakota could abandon his budget chairmanship to take the helm.

[snip]

“Everybody in town seems to think that she is most likely going to be the next chairman,” said one lobbyist who tracks the committee.

Sources close to the panel say the Michigan Democrat is well-liked by her colleagues and earned their respect during the last round of farm bill negotiations by bridging the interests of states with commodity crops and those with specialty fruit and vegetables.

But because Michigan isn’t your typical Big Ag state, some observers say Stabenow might face opposition from powerful industry lobbies. “There would probably be fear among some of the industry leaders of the cotton people and the wheat people and the barley people if they saw Stabenow take the helm,” said an industry source close to the committee.

Now, Stabenow isn’t always the most hardnosed leader. And on occasions (notably, the bankruptcy bill) she has put corporate interests ahead of her constituents.

But as the Politico article suggests, she would make a very interesting Ag Chair because of the nature of our Ag industry in MI. That’s because MI’s Ag industry has a diversity second only to CA, but (because of the scale) much less dominated by big players. Here’s a snapshot:

  • Michigan is the national leader in the production of tart cherries, having grown 196 million pounds or 77% of the U.S. total in 2007.
  • Michigan also ranks first nationally for the production of pickling cucumbers, geraniums, petunias, squash and vegetable-type bedding plants.
  • Michigan ranks 3rd in the nation in apple production with over 770 million bushels produced in 2007. The estimated farm-level value was $97.1 million.
  • Michigan is 2nd nationally for beans, carrots, celery, plums and 3rd in asparagus production.
  • Over 887,560 tons of fresh market and processing vegetables were grown in Michigan in 2007. The state ranks 8th in fresh market and 5th in processed vegetable production nationally.
  • Michigan ranks 3rd nationally in value of wholesale sales of floriculture products.
  • In 2007, Michigan led the nation in the value of sales for 13 crops, including: Potted Easter Lilies, Potted Spring Flowering Bulbs, Potted Geraniums (seed), Potted Petunias, Potted New Guinea Impatiens, New Guinea Impatiens Hanging Baskets, Geraniums, Impatiens, Begonia and Petunia Hanging Baskets, Impatiens and New Guinea Impatiens (flats) and Potted Geraniums (cuttings).
  • About 335,000 dairy cows produced 7,598 million pounds of milk in 2007. Michigan ranks 7th nationally for milk production
  • Michigan’s hog production totaled 556 million pounds in 2007. Michigan ranks fourteenth in the

    nation in terms of inventory.

  • There were over 1 million head of cattle in the state in 2007 with an estimated value of $1.42 billion.

(Somehow, that list neglected to mention blueberries, where we also lead the nation). MI farms are, on average, smaller than the national average, though they are more profitable per acre. There’s a very healthy farmers market culture here, and also some proactive efforts to develop locally-branded processed food from our harvest, such as the soy processing plant 10 miles from here that offers a non-GMO soy oil. Our local big grocery chains do a pretty good job of promoting locally produced products.

And then there’s Tony the Tiger, which is about as Big Ag culture as we get.

In other words, if Stabenow gets the Chair it’ll put someone who is not beholden to Big Ag the way the Ag Chairmen typically are. At a time when the local Ag movement is picking up steam, we might have someone whose constituency would support such an effort.

Compare that with the most likely alternative: Ben Nelson. Who represents, among other corporations, Con Agra. As big as Big Ag gets.

Mind you, the decision may be made by the margin with which the Democrats keep the Senate. If we keep it by just two votes, I imagine we’ll see Con Agra continue to rule. But if we can eke out a few more seats, it’ll give Bad Nelson much less leverage to demand this Chairmanship.

(Cherry Orchard image by jsorbieus)

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The Wishing Well: Is Macondo the Mouth of Hell Silenced?

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For the first time since Macondo, the Mouth Of Hell, first blew out in a fiery explosion on April 20, killing eleven men in the process, BP seems to have the well under control and there appears to be no hydrocarbons leaking into the waters of the Gulf of Mexico. From Alabama Live (website of the Birmingham News):

A BP official said oil stopped flowing from a well in the Gulf of Mexico at 2:25 p.m. today as testing began on a cap over the leak.

It’s the first time oil has not leaked from the well since April.

In a technical briefing, BP Senior Vice President Kent Wells said “it felt very good not to see any oil going into the Gulf of Mexico.”

“What I’m trying to do is maintain my emotions,” Wells said. “Remember, this is the start of our test.”

The procedure — known as a well integrity test — should determine whether the oil can be blocked without damaging the well.

Officials have said the cap could be used to either block the oil or move the oil to containment ships floating on the surface, until a relief well can be completed.

This is indeed positive. And if Macondo really is shut in with no leakage and integrity issues evidencing themselves, BP is, for once, due some congratulations.

Still, I have a nagging question on the integrity of the well that has neither been answered to date nor put to rest by the seemingly joyous news today. Namely, it is a given from the way it occurred, not to mention subsequently admitted by Thad Allen and BP, that the “Top Kill” process was cut quite short due to inexplicable loss of mud in process indicating a lack of well integrity at some point (or multiple points) in the bore length. There is no reason to believe whatever caused said leakage, and fear leading to the termination of Top Kill, has magically corrected or repaired itself.

As BP’s Kent Wells properly noted, the news is good so far, but the test is not complete and the conclusion not yet drawn with finality. So, for now, let us hope and wish the well to be sealed and stable. Consider this thread to be open to any and all discussion on the Macondo experience and anything else for that matter.

[Graphic – BP: Broken Promises. Logo design by Foye 2010 submitted as part of the Art For Change BP Logo Redesign Contest and used with permission]

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Are DOJ and DOI Making A Competent Legal Effort On Gulf Moratorium?

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Exactly one week ago, in a post entitled Judicial Ethics in the Gulf: Judge Feldman’s Conflicts and DOJ Malpractice, I related the patently obvious, and disqualifying, statutory ethical conflicts on the part of the Federal judge in the Eastern District of Louisiana, Martin Feldman, who made the curious and shocking decision to stay enforcement of the Obama Administration’s six month deepwater moratorium. As I pointed out, it legally was somewhat astounding the government did not raise Feldman’s conflict at any opportunity:

With this knowledge in the public sphere at least substantially by the night after Feldman’s decision, the government nevertheless did not even mention it as a ground in their attempt to stay Feldman’s ruling at the district court level when they filed their motion to stay at the district court level late the following day. That motion was in front of Feldman himself, so maybe you could rationalize the government not raising it at that point (although I would have posed the motion to stay to the chief judge for the district and included the conflict as grounds for relief were it me).

Having predictably received no relief in their lame request for stay from Feldman, the judge who had just hammered them (not surprising), the government put their tails between their legs and made preparations to seek a stay from the 5th Circuit. Surely the government would forcefully argue the glaringly obvious egregious appearance of both conflict and lack of impartiality once they were free of Feldman and in the Fifth Circuit, right? No, no they didn’t.

When the government filed their motion for stay in the 5th Circuit mid to late day Friday June 25, a full three days after getting hammered by oiled up Judge Feldman, and after Feldman’s most recent 2009 financial disclosure had even started being released to the general public (as evidenced by the literally damning piece on it Rachel Maddow did Friday night), the government STILL did not avail themselves of the glaringly obvious argument of conflict by Feldman. Nary a peep from the fine lawyers at the DOJ on one of the most stunningly obvious arguments of judicial bias in recent memory.

Another week later, and there STILL is no peep from the government on an issue that would be critical to reinstating their moratorium if they really wanted to. But while the government lawyers refuse to zealously litigate the position they claim to support, intervenors represented a by law school clinic professor and two lawyers for environmental groups have done the work the government should have done. On Friday June 2, Defendant-Intervenors filed a Motion to Disqualify Feldman in the district trial court and properly noticed the record at the 5th Circuit.

From the D-I Motion to Disqualify:

Pursuant to 28 U.S.C. § 455, Defendant-Intervenors Defenders of Wildlife, Sierra Club, Florida Wildlife Federation, Center for Biological Diversity, and Natural Resources Defense Council (collectively “Defenders”) respectfully move this Court to disqualify itself from Read more →

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Oil Shill Mary Landrieu Claims Ignorance of ConocoPhillips

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The Senate Energy and Natural Resources Committee has voted to have its own commission investigate the BP disaster. The Committee finds that necessary, according to Mary Landrieu, because Obama hasn’t appointed a representative from the oil industry to his own commission.

The Senate Energy and Natural Resources Committee voted Wednesday to create a congressional bipartisan commission to investigate the spill, with Sen. Mary Landrieu, D-La., and others saying a separate panel is needed because the White House commission has four environmental advocates — three members and the executive staff director — but no oil industry representation.

“Maybe the commission that the Congress sets up, in a more balanced fashion, with both very strong environmental views and very strong industry views, could actually come up with something that really might work for the dilemma and the challenge that this nation faces, which briefly is this: We use 20 million barrels of oil a day,” Landrieu said. “That was true the day before the Deepwater Horizon blew up. It is true today. And we need to get that oil from somewhere.”

Aside from the problem of the oil industry investigating the oil industry, there’s another problem with Landrieu’s complaint.

Bill Reilly, the Republican Co-Chair and one of the people Landrieu’s calling an “environmental advocate”? He serves on ConocoPhillips’ board. ConocoPhillips is a much smaller player in deepwater drilling than, say, BP. But it’s still the sixth largest driller.

But I guess that kind of obvious conflict isn’t enough to reassure Landrieu.

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Judicial Ethics in the Gulf: Judge Feldman’s Conflicts and DOJ Malpractice

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Last week Federal district court judge Matin Feldman of the Eastern District of Louisiana (EDLA), in what has become a controversial decision, overturned the six month moratorium on deepwater oil drilling imposed by the Department of the Interior. It was a legally curious decision to start with as it, on its face, appeared to be contrary to the well established standard of review.

Almost immediately from the time Judge Feldman’s decision hit the public conscience, information on Feldman’s undisclosed (at least on the case record at issue) financial ties to the oil and gas exploration industry started coming out of the woodwork. From Saturday’s Washington Post:

The federal judge who presided over a challenge to the Obama administration’s six-month moratorium on deepwater oil drilling simultaneously owned stock in an oil company affected by the ban, according to a financial disclosure statement released Friday.

U.S. District Judge Martin L.C. Feldman sold the stock in Exxon Mobil 14 days after the case was filed in New Orleans by a group of oil service firms — and less than five hours before he struck down the moratorium.

Feldman said in a statement elaborating on the disclosure that he was unaware of his holdings in Exxon Mobil and a smaller oil company until 9:45 p.m. Monday, the day before he issued his ruling.

“Because he remembered that Exxon, who was not a party litigant in the moratorium case, nevertheless had one of the 33 rigs in the Gulf, the judge instructed his broker to sell Exxon and XTO [Energy Inc.] as soon as the market opened the next morning,” according to a statement released by his chambers and reported by Bloomberg News.

Even before this latest disclosure, Feldman was criticized by environmental groups and others for not recusing himself from the case. The groups pointed to his 2008 disclosure form, which showed that he had invested in companies involved in offshore oil and gas exploration.

So Judge Feldman not only held numerous oil and gas interest stocks, but was trading them up to and including the morning of his fateful decision, and doing so out of an admitted realization that he had an appearance of ethical conflict. Feldman owned and was trading Exxon stock, a company whose Gulf of Mexico rigs were losing money at the rate of a half million dollars a day due to the moratorium, during the entire time he was assigned the case. Yet, failing to disclose his appearance of conflict on the record or recuse, Feldman nevertheless proceeded to issue a questionable decision clearly benefitting the oil and exploration industry he is so invested in.

Lest there be any confusion that perhaps Judge Feldman somehow put himself in the clear by suddenly selling off his holdings in Exxon on the morning of June 22 just hours before issuing his surprising opinion Read more →

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We Can’t Even Get Japan to Stop Whaling…

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And now we’re going to have to try to get them to give up Maguro sushi.

Fearing that the oil spill in the Gulf of Mexico will deal a severe blow to the bluefin tuna, an environmental group is demanding that the government declare the fish an endangered species, setting off extensive new protections under federal law.

[snip]

Both the Bush and Obama administrations tried to win greater international protection for the bluefin, but their efforts were derailed by opposition from countries like Japan, where a single large bluefin can sell in the sashimi market for hundreds of thousands of dollars. (The tuna fish sold in cans comes from more abundant types of tuna, not from bluefin.)

The bluefin uses the Gulf of Mexico as a prime spawning ground, and the gulf is such a critical habitat for the animal that fishing for it there was banned in the 1980s. But after spawning in the spring and summer, many tuna spend the rest of the year roaming the Atlantic, where they are hunted by a global fishing fleet.

The environmental advocacy group, the Center for Biological Diversity, in Tucson, filed the request under the Endangered Species Act in late May. If the petition is granted, a process that could take years, the endangered listing would require that federal agencies conduct exhaustive analysis before taking any action, like granting drilling permits, that would pose additional risk to the fish.

Frankly, I think a campaign to put bluefin tuna on the endangered species list would be beneficial for a number of reasons. If a bunch of elites have to give up their Maguro sushi, it’ll highlight both the problem with overfishing generally and the concrete way in which our oil-addicted lifestyle endangers the little perks of life we love (and don’t get me wrong–I love Maguro sushi too).

Which will it be? Give up your SUV, or give up your favorite sushi?

In the meantime, there are two things you can do to help.

The Center for Biological Diversity, which is leading this effort, has been one of the best environmental groups responding to the BP Disaster. You might help them in any way you can.

And check your seafood choices for sustainability before you eat it. The Monterey Bay Aquarium has a great online tool (with pocket tools available) that provides recommendations for seafood choices based both on sustainability and health hazards, like mercury. In addition to bluefin, it also recommends you avoid Hamachi.

(Maguro image by pittaya under Creative Commons 2.0)

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Obama Drilling Moratorium Overturned In Curious Court Decision

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The breaking news this hour is the decision of Judge Martin L. C. Feldman of the Eastern District of Louisiana to grant a preliminary injunction to the moving plaintiff oil and gas interests and against the Obama Administration’s six month moratorium on deepwater drilling for oil in the Gulf of Mexico.

The court’s decision is here. The key ruling is:

On the record now before the Court, the defendants have failed to cogently reflect the decision to issue a blanket, generic, indeed punitive, moratorium with the facts developed during the thirty-day review. The plaintiffs have established a likelihood of successfully showing that the Administration acted arbitrarily and capriciously in issuing the moratorium.
…..
Accordingly, the plaintiffs’ motion for preliminary injunction is GRANTED. An Order consistent with this opinion will be entered.

The 22 page decision is quite thorough in detailing the applicable law and standards of review. The Judge Feldman proceeds to blatantly disregard and violate the very standards and law he has laid out. It is really quite remarkable. Here, from his own decision (p. 11-12), is the scope he is supposed to be operating under:

The APA cautions that an agency action may only be set aside if it is “arbitrary, capricious, an abuse of discretion, or not otherwise not in accordance with law.” 5 U.S.C. §706(2)(A); see Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416 (1971). The reviewing court must decide whether the agency acted within the scope of its authority, “whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.” Overton Park, 401 U.S. at 415-16; see Motor Vehicle Manf. Ass’n of the U.S. v. State Farm Mutual Auto. Ins. Co., 463 U.S. 29, 42-43 (1983). While this Court’s review must be “searching and careful, the ultimate standard of review is a narrow one.” Overton Park, 401 U.S. at 416; see Delta Found., Inc. v. United States, 303 F.3d 551, 563 (5th Cir. 2002). The Court is prohibited from substituting its judgment for that of the agency. Overton Park, 401 U.S. at 416. “Nevertheless, the agency must examine the relevant data and articulate a satisfactory explanation for its action including a ‘rational connection between the facts found and the choice made.’” State Farm, 463 U.S. at 43 (quoting Burlington Truck Lines v. United States, 371 U.S. 156, 168 (1962)).

The key language is that an agency decision such as entered in this case can be set aside ONLY Read more →

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Negotiation 101: How to Get Corporations to Do What You Want

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I just got back from driving across the rust belt – Syracuse, Buffalo, Cleveland, Toledo, MI – and am catching up on all the interesting conversations you’ve been having this week while I was celebrating my mom’s birthday (thanks, once again, to bmaz for watching the liquor cabinet while I was gone). So for the moment I want to make one quick comment.

The WSJ has a story describing how BP heroically pushed back against two of the Administration’s most onerous demands: that it pay for the costs of the moratorium on new drilling, and it pay to restore the Gulf to its natural state, rather than the state it was in when the Deepwater Horizon disaster struck.

BP PLC, despite being put under pressure by the U.S. government to pay for the oil-spill aftermath, has succeeded in pushing back on two White House proposals it considered unreasonable, even as it made big concessions, said officials familiar with the matter. BP last week agreed to hand over $20 billion – to cover spill victims such as fishermen and hotel workers who lost wages, and to pay for the cleanup costs – a move some politicians dubbed a “shake down” by the White House. Others have portrayed it as a capitulation by an oil giant responsible for one of the worst environmental disasters in history. A more accurate picture falls somewhere between.

The fund is a big financial hit to BP. But behind the scenes, according to people on both sides of the negotiations, the company achieved victories that appear to have softened the blow.

BP successfully argued it shouldn’t be liable for most of the broader economic distress caused by the president’s six-month moratorium on deep-water drilling in the Gulf of Mexico. And it fended off demands to pay for restoration of the Gulf coast beyond its prespill conditions.

Now, I know WSJ’s job is to make corporations look good, so I’m unsurprised by this spin. And I’m skeptical the $20 billion will get in the hands of those who need it in a timely fashion.

But it seems to me that the real story is that – for the first time I can think of – the Obama Administration has actually taken a tough approach to negotiation. Normally, of course, Obama starts by ceding on key issues (such as drug reimportation, oil drilling, and real financial reform) and from that incredibly weakened position, further damaging his policy position. Perhaps this time is different because the Administration is under a much greater public opinion threat. Perhaps this time is different because BP is a corporation (though so are the drug companies) not the opposing political party.

But this time is different.

I actually agree with the WSJ that Obama was unlikely to get BP to pay for the moratorium on drilling. But that may have not been the point. It established the window of possibility far beyond what it had been, and made the $20 billion escrow account look reasonable by comparison. And voila! BP at least said they agreed to cough up $20 billion.

It’s called negotiation!

Whoever came up with this novel idea really ought to get a bigger policy portfolio.

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Touchdown Jesus Struck Down by Act of God (or Maybe Al Gore)

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This is perhaps a post that klynn and Leen (and BoxTurtle, too?) will appreciate more than the rest of you. Because they, like me, have undoubtedly almost crashed their car because they were laughing so hard as they drove by Touchdown Jesus, which is a mighty gaudy distraction just east of 75 north of Cincinnati.

Or should I say was?

Because last night an Act of God–in the form of a lightning strike–destroyed Touchdown Jesus. (Thanks to cbf for alerting me of the target of this particular Act of God; for video, go here.)

Though I tend to think it was not so much an Act of God as an Act of (fat) Al Gore–or rather, climate change. After all, climate change is likely the more direct cause of the really crazy weather we’re having this year. And this Act of God occurred just one week after tornadoes took part of the roof off Michigan’s Cabelas (which, for you arugula-eating Coasters, is a temple to hunting culture much cherished in flyover country), which is MI’s biggest tourist site and, like Touchdown Jesus, is also a testament to the hubris of Americans.

I think climate change is trying to tell us something.

(Touchdown Jesus photo by Morhange under Creative Commons Attribution ShareAlike 3.0)

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