Emails reveal close rapport between top EPA officials, those they regulate

Washington Post

Emails reveal close rapport between top EPA officials, those they regulate

By Juliet Eilperin      July 1, 2018

 Does Scott Pruitt have an ethics problem?

Environmental Protection Agency Administrator Scott Pruitt faces rising scrutiny over several ethics issues, including his use of taxpayer money.(Video: Bastien Inzaurralde/Photo: Jabin Botsford/The Washington Post)

 On the morning of April 1, 2017, Environmental Protection Agency appointee Mandy Gunasekara welcomed to her office a team of lobbyists representing the makers of portable generators.

For months, the Portable Generators Manufacturers’ Association had been trying to block federal regulations aimed at making its product less dangerous. The machines — used by many Americans during power outages after severe storms — emit more carbon monoxide than cars and cause about 70 accidental deaths a year.

Just before President Barack Obama left office, the Consumer Product Safety Commission had approved a proposal that would require generators to emit lower levels of the poisonous gas. Now industry lobbyists were warning Gunasekara of “a potential turf battle . . . brewing” between the commission and the EPA, which traditionally regulates air emissions from engines.

Less than six weeks later, EPA Administrator Scott Pruitt sent a letter informing Ann Marie Buerkle, the commission’s acting chair, that his agency had primary jurisdiction over the issue. Just over three months later, Buerkle signaled she might reassess mandatory regulations and described the industry’s work toward voluntary standards as “very promising.”

The communication between the lobbyists and one of Pruitt’s top policy aides — detailed in emails the agency provided to Democratic Sens. Bill Nelson (Fla.) and Thomas R. Carper (Del.) — open a window on the often close relationship between the EPA’s political appointees and those they regulate. Littered among tens of thousands of emails that have surfaced in recent weeks, largely through a public records lawsuit filed by the Sierra Club, are dozens of requests for regulatory relief by industry players. Many have been granted.

In March 2017, for example, a lobbyist for Waste Management, one of the nation’s largest trash companies, wrote to two top EPA appointees seeking reconsideration of “two climate-related rules” affecting business. (Another lobbyist “sings your praises,” she told the pair.) The EPA subsequently delayed a rule targeting methane emissions from landfills until at least 2020.

 Environmental Protection Agency Administrator Scott Pruitt intervened as the Consumer Product Safety Commission was considering mandatory emissions limits for portable generators, saying the issue was instead the EPA’s domain. (Pablo Martinez Monsivais/AP)

Less than six weeks later, a representative of the golf industry wrote Samantha Dravis, then-associate EPA administrator for the Office of Policy, that “our guys” had been “amazed at the marked difference between our meeting today and the reception at EPA in years” past. The chief executive of the World Golf Association later sent his own email reminding Dravis of “our specific interest in repeal of the Clean Water Rule” — a rule the agency is now reviewing.

And in June 2017, Michael Formica, a lawyer for the National Pork Producers Council, sent a note “from my SwinePhone” thanking Gunasekara and other senior Pruitt aides “for your efforts to help address the recent air emission reporting issues facing livestock agriculture.” The EPA later revamped its guidelines so that pork, poultry and dairy operations do not have to report on potentially hazardous air pollutants arising from animal waste.

EPA spokesman Jahan Wilcox said many of these groups “were dealing with the costly consequences of President Obama’s policies that expanded federal overreach while doing little for the environment.”

Any rule changes underway, he added in an email, received “robust public comment” and have been developed “consistent with administrative law and the rulemaking process” with the goal of improving the environment.

Others are far less enthusiastic about the EPA’s performance under Pruitt — including what appears to be an “open-door policy towards the industries they are supposed to be regulating,” said Brendan Fischer, director of federal reform at the Campaign Legal Centera nonpartisan public watchdog group. “As these emails show, when lobbyists ask top EPA officials to jump, the answer is often ‘how high.’ ”

On some occasions, top EPA officials pushed back on the idea that they would automatically grant industry’s requests: In a sharply worded Aug. 21 email, Dravis told a lobbyist from ConocoPhillips that “no one committed” to relaxing a rule on small incinerators at the oil and gas company’s request. Career staff, she added, had raised concerns about the move.

Although the vast majority of the emails focused on industry concerns, Pruitt aides also tried to reach out to environmentalists, including Natural Resources Defense Council attorney John Walke and Environmental Defense Fund President Fred Krupp.

Walke, however, was unimpressed. “Scott Pruitt is at EPA only to serve the interests of polluting industries,” he said when asked about the overture. “A few token meetings with environmental groups cannot hide his destructive agenda.’’

EPA’s shifting stand on portable generators has proven particularly consequential. The Consumer Product Safety Commission had spent years examining whether to impose mandatory emissions requirements, concluding in late 2016 that the industry could not be trusted to lower emissions on its own. After Pruitt intervened, Buerkle announced last August that the commission would explore the voluntary standards being developed by the industry trade association even as rulemaking on the other front technically continued.

“Staff is obligated to proceed,” a spokeswoman for the commission said Sunday.

It is now working with the National Institute of Standards and Technology to evaluate two voluntary standards that would require a generator’s engine to shut off when carbon monoxide levels get too high.

“I don’t think anyone can deny that safer generators will now be produced,” Bracewell senior principal Edward Krenik, who represents the industry, said in an email Sunday. He noted that the shift is happening “voluntarily and without protracted litigation, which would have delayed any change.”

The safety consulting and certification company UL has proposed a more restrictive limit that would require the generators to emit lower levels of carbon monoxide overall — and shut off much sooner.

In May, Buerkle wrote Nelson and Sen. Richard Blumenthal (D-Conn.) to stress how, “thanks to many years of effort by the CPSC staff and generator manufacturers, safer portable generators are coming to market soon.” However, given that older machines remain in use, she wrote, “it is crucial to keep emphasizing the message that portable generators must be kept outdoors and as far from open windows and doors as possible.”

Despite aggressive public-information campaigns by federal and local officials on that point, carbon monoxide poisoning incidents remain a serious problem. The Florida Poison Information Center Network recorded 509 patients last year, compared with 327 in 2016 and 276 in 2015.

After Hurricane Irma, Nelson said in a statement, “at least 12 people died and many more were injured by carbon monoxide poisoning from portable generators in Florida.”

Nelson went on to accuse Buerkle and Pruitt of colluding “with industry and outside lobbyists to actually kill mandatory safety standards. It’s one of the worst examples of the fox guarding the henhouse I have seen, and it’s just shameful.”

Brady Dennis and Andrew Ba Tran contributed to this report.

Read more:

Amid ethics scrutiny, Pruitt finds his regulatory rollbacks hitting bumps

For Pruitt, gaining Trump’s favor came through fierce allegiance

American hunter’s images of her black giraffe ‘trophy kill’ spark outrage

Fox News

American hunter’s images of her black giraffe ‘trophy kill’ spark outrage

By Holly McKay, Fox News    July 1, 2018

Hunter Tess Thompson Talley ignited a firestorm over her 2017 “dream hunt.”  (Photo: Tess Thompson Talley)

Photos of a female hunter from Kentucky proudly showing off the results of her “dream hunt” – a dead black giraffe in South Africa – have ignited a firestorm across social media after being picked up by a local African media outlet.

“White American savage who is partly a Neanderthal comes to Africa and shoot down a very rare black giraffe courtesy of South Africa stupidity,” read the June 2018 tweet, posted by Africa Digest. “Her name is Tess Thompson Talley. Please share.”

AfricaDigest: White american savage who is partly a neanderthal comes to Africa and shoot down a very rare black giraffe courtesy of South Africa stupidity. Her name is Tess Thompson Talley. Please share

The controversial images, which were posted by a Kentucky woman identified as Tess Thompson Talley a year ago, show her standing proudly beside a dead giraffe bull along with the caption: “Prayers for my once in a lifetime dream hunt came true today! Spotted this rare black giraffe bull and stalked him for quite a while. I knew it was the one. He was over 18 years old, 4000 lbs. and was blessed to be able to get 2000 lbs. of meat from him.”

Trophy hunting is a legal practice in a number of African countries, including South Africa, Namibia, Zambia and Zimbabwe.

“The giraffe I hunted was the South African sub-species of giraffe. The numbers of this sub-species is actually increasing due, in part, to hunters and conservation efforts paid for in large part by big game hunting. The breed is not rare in any way other than it was very old. Giraffes get darker with age,” said Talley, in an email to Fox News.

She points out that the giraffe she killed was 18, too old to breed, and had killed three younger bulls who were able to breed, causing the herd’s population to decrease. Now, with the older giraffe dead, the younger bulls are able to continue to breed and can increase the population.

“This is called conservation through game management,” says Talley, who insists hers was not a “canned” hunt.

Terry Skovronek: Killing animals for fun is a sign of serious mental illness.

Prominent activist and Hollywood actor Ricky Gervais, on the same day Talley’s images went viral, tweeted that “Giraffes are now on the ‘red list’ of endangerment due to a 40% decline over the last 25 years. They could become extinct. Gone forever. And still, we allow spoilt c–ts to pay money to shoot them with a bow and arrow for fun.”

ArtbyAn: an amoebe has more brains than you! Yuk!
Shame on you to think your life is more worth than any other living creature and gives you the right to end its life! Who are you to place yourself above any other living creature. I hope nature takes revenge at you!

However, there is some debate of the “rarity” of the giraffe on Talley’s hit list.

Debra Messing: Tess Thompson Talley from Nippa, Kentucky is a disgusting, vile, amoral, heartless, selfish murderer. With joy in her black heart and a beaming smile she lies next to the dead carcass of…

“The giraffe in the photo is of the South African species Giraffa giraffe, which are not rare – they are increasing in the wild,” Julian Fennessy, Ph.D., co-founder of the Giraffe Conservation Foundation told Yahoo Lifestyle. “Legal hunting of giraffe is not a reason for their decline, despite the moral and ethical side of it which is a different story.”

Nonetheless, the images have spurred deep emotions among those opposed to the controversial practice.

“Shame on you to think your life is more than any other living creature and gives you the right to end its life! Who are you to place yourself above any other living creature,” one person tweeted. “I hope nature takes revenge on you!”

Others have vowed that “killing animals for fun is a sign of serious mental illness,” while others have referred to Talley as a “disgusting excuse for a human being” and a “spoiled wealthy brat with no conscience.” She was also referred to as a “disgusting, vile, amoral, heartless, selfish murderer” by actress Debra Messing.

However, the self-described passionate hunter is hardly the first American to come under intense Internet fire in recent times for overseas trophy kills.

Nikki Tate, a 27-year-old lawyer and “ethical hunter” from Texas sparked outcry – and death threats – late last year after she posted pictures with her kills. But she also attested to receiving scores of messages of support too, being referred to as a “role model and inspiration” in the conservation arena.

And in 2015, Minnesota dentist Walter Palmer was internationally scorned after killing the famous “Cecile the Lion” near a national park in Zimbabwe.

“I get that hunting is not for everyone; that’s what makes this world great is the differences. But to make threats to anyone because they don’t believe the way you do is completely unacceptable. If it was any other belief that was different, threats and insults would be deemed hideous. However, for some reason it is OK to act this way because it’s hunting,” Talley wrote in her email.

Meanwhile, in the United States, the issue of trophy hunting abroad remains a controversial one legislatively as conservation and welfare groups are banding together to encourage the Trump administration to reject import permits for South African lions.

Donald Trump: Big-game trophy decision will be announced next week but will be very hard pressed to change my mind that this horror show in any way helps conservation of Elephants or any other animal.

Under a new process instituted in March this year, trophy hunters are able to provide the U.S government with information confidentially rather than giving public notice in their quest to obtain an import permit, raising questions over the legalities how the kill was carried out, and whether or not mostly illicit practices such as “baiting” were used, violating the ethics of “fair chase.”

Big-game hunters appointed by the Trump team to assist in the re-writing of federal rules pertaining to the importing of heads from African elephants and lions last week defended the trophy hunting practice, contending that threatened and endangered species would go extinct without the anti-poaching programs financed in large part by the hefty fees wealthy Americans pay to carry out the souvenir slaughters.

Where the president himself now stands on the matter, however, remains unclear.

“Big-game trophy decision will be announced next week but will be very hard pressed to change my mind that this horror show in any way helps conservation of Elephants or any other animal,” he tweeted in November.

Hollie McKay has been a FoxNews.com staff reporter since 2007. She has reported extensively from the Middle East on the rise and fall of terrorist groups such as ISIS in Iraq.

Talk About ‘The Appearance of Corruption’

Esquire

Talk About ‘The Appearance of Corruption’

Anthony Kennedy and Donald Trump had a special relationship.

By Charles P. Pierce     June 29, 2018

Getty Images

The more elderly of us who spend a lot of time frolicking with the delightful furry creatures of the Intertoobz are regularly amused by the strange idioms and lingo of this particular universe. For example:

“WTF?”

“Wait. What?”

Or, more simply, “Wut?”

So let me begin by saying, “WTF? Wait. Wut?” From The New York Times:

“One person who knows both men remarked on the affinity between Mr. Trump and Justice Kennedy, which is not obvious at first glance. Justice Kennedy is bookish and abstract, while Mr. Trump is earthy and direct. But they had a connection, one Mr. Trump was quick to note in the moments after his first address to Congress in February 2017. As he made his way out of the chamber, Mr. Trump paused to chat with the justice. “Say hello to your boy,” Mr. Trump said. “Special guy.””

Getty Images

And from the Times: “Mr. Trump was apparently referring to Justice Kennedy’s son, Justin. The younger Mr. Kennedy spent more than a decade at Deutsche Bank, eventually rising to become the bank’s global head of real estate capital markets, and he worked closely with Mr. Trump when he was a real estate developer, according to two people with knowledge of his role. During Mr. Kennedy’s tenure, Deutsche Bank became Mr. Trump’s most important lender, dispensing well over $1 billion in loans to him for the renovation and construction of skyscrapers in New York and Chicago at a time other mainstream banks were wary of doing business with him because of his troubled business history.”

Am I just naïve, or did I have a good reason for the way I just bounced my head off the wall?

In truth, though, this gives me the best reason I ever had to print again one of Associate Justice Anthony Kennedy’s greatest hits:

“We now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption. …The fact that speakers [i.e., donors] may have influence over or access to elected officials does not mean that these officials are corrupt. … The appearance of influence or access, furthermore, will not cause the electorate to lose faith in our democracy.”

Of course, it won’t.

Say hello to your boy. I hear he’s a special guy.

RELATED STORY

Everything’s Up for Grabs Now

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Capital Gazette Reporter To Trump: ‘I Couldn’t Give A F**k’ About Your Prayers

HuffPost

Capital Gazette Reporter To Trump: ‘I Couldn’t Give A F**k’ About Your Prayers

Mary Papenfuss, HuffPost      June 29, 2018

Scott Pruitt Personally Involved in ‘Ratf*cking’ Ex-Aides Who He Feels Betrayed Him

Daily Beast – Order the Code Red

Scott Pruitt Personally Involved in ‘Ratf*cking’ Ex-Aides Who He Feels Betrayed Him

The EPA chief demands loyalty. He doesn’t always reciprocate, though.

Lachlan Markay and Asawin Suebsaeng      June 28, 2018

On May 18, a top aide to Environmental Protection Agency chief Scott Pruitt testified to a congressional committee that she had been tasked with procuring her boss a used mattress from the Trump International Hotel in Washington, D.C. Just days after news of that testimony broke, the aide, Pruitt’s now former director of scheduling Millan Hupp, submitted her resignation.

But even though Hupp was gone from the agency, Pruitt wasn’t done with her.

According to three sources familiar with the conversations, Pruitt was livid over Hupp’s testimony, which he felt had been particularly humiliating. And he personally reached out to allies in the conservative movement, including some at the influential legal group the Federalist Society, to insist that she had lied about, or at least misunderstood, the request for a used Trump mattress. He also stressed that Hupp could not be trusted—the implication being that she should not be hired at their institutions.

It was an aggressive move by a besiegedscandal-prone Cabinet member against a young staffer—one who worked on Pruitt’s attorney general campaign in Oklahoma, followed him to Washington, and by all accounts had been one of his most loyal aides at the EPA.

But it also showed a side of the EPA chief that top advisers say is not always readily apparent to the public. Though Pruitt demands loyalty among those in his inner circle, he has not reciprocated it to his aides, even as they face a legal and public-relations backlash stemming from his conduct at the agency. Sources say he’s actively undermined the reputations of former and current staffers, with campaigns that former senior EPA officials have described as “ratfucking.”

The targets aren’t just ex-schedulers either.

For months, Pruitt and top aides have suspected Kevin Chmielewski, Pruitt’s former deputy chief of staff, of leaking damaging details about the administrator’s travel and spending habits to the press. Sources say Pruitt led the charge to push back against his former senior aide. And he did so by tasking communications aides with leaking damaging information about Chmielewski’s alleged misconduct at EPA, including supposed unannounced vacations and shoddy timecard practices. Chmielewski has accused Pruitt of retaliation, a charge that is now under investigation by the Office of Special Counsel.

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Knowledgeable sources also told The Daily Beast that Pruitt instructed staff to pitch “oppo hits” to media outlets on other officials who departed on bad terms or were sidelined. The targets include David Schnare, a former member of Donald Trump’s presidential transition team, and career official John Reeder, who Pruitt would privately call a “communist,” according to two people familiar with Pruitt’s complaints and thinking.

Pruitt’s vindictiveness doesn’t put him out of place within the administration. In many respects, it reflects some of the trademark impulses of his boss, Donald J. Trump. But for staff, the episodes have proven exhausting and demoralizing.

Hupp, for her part, was legally obligated to tell investigators the truth about seeking a used mattress from the Trump International Hotel. And as Pruitt faces a mounting number of investigations into his conduct and spending at the agency, other aides are now finding themselves facing their own inquiries, with little assistance from their EPA boss.

Pruitt set up a legal defense fund this year to deal with those inquiries. But sources say he has not offered to use the fund to assist current and former aides with their own considerable legal expenses. Nor, according to sources, has he offered apologies or expressed remorse to those aides for their ongoing legal and personal woes. The mounting financial difficulties that some of those aides face has fueled distress even among those who consider themselves loyal foot soldiers for Pruitt.

Cleta Mitchell, the attorney overseeing the Pruitt legal defense fund, did not respond to requests for comment.

Asked for comment, an EPA spokesperson referred The Daily Beast to Pruitt’s comments before a House committee in May. “I am not afraid to admit that there has been a learning process and when Congress or independent bodies of oversight find fault in our decision-making I want to correct that and ensure that it does not happen again,” Pruitt said at the time. “Ultimately, as the administrator of the EPA, the responsibility for identifying and making changes necessary rests with me and no one else.”

Pruitt Proposes Weakening EPA’s Power Over Water Polluters

EcoWatch

Pruitt Proposes Weakening EPA’s Power Over Water Polluters

Olivia Rosane      June 28, 2018

Cement Creek at Silverton, CO. The region downstream from the Gold King Mine has been an area of extensive USGS water quality research. U.S. Geological Survey

Environmental Protection Agency (EPA) head Scott Pruitt on Wednesday proposed another way to weaken U.S. environmental regulations protecting the nation’s waterways from pollution.

In a memo dated June 26 but released June 27, Pruitt asked the EPA’s Office of Water and Regional Administrators to draft a proposal that would restrict the agency’s ability to revoke permits issued by the U.S. Army Corps of Engineers (USACE) allowing projects to dispose of dredged or fill material in rivers, streams and other waterways, The Hill reported.

“Today, I am directing the Office of Water to take another step toward returning the agency to its core mission and providing regulatory certainty,” Pruitt wrote in the full text of the memo.

If the new proposal becomes policy, it would be the biggest change to how the EPA handles the dredging and filling of streams and waterways under the Clean Water Act in 40 years, according to The Hill.

Specifically, the proposal would block the EPA from preemptively blocking a permit to discharge materials in waterways before the USACE has issued one or revoking a permit issued by the USACE after the fact. It would also require that regional administrators get approval from EPA headquarters before vetoing a permit and that they listen to comments from the public before doing so.

Once a formal draft is ready, the public will have a chance to comment on Pruitt’s proposed change, and opponents can attempt to block it in court, according to The Hill.

Former EPA staffer of the nonprofit Public Employees for Environmental Responsibility Kyla Bennett told The Associated Press that the move would rob the EPA of one of its few means of protecting waterways from mining and other industry.

Instead of protecting waterways, Pruitt’s policy change would help those “he’s always concerned with: oil and gas and mining,” Bennett said. “His buddies who make money.”

Indeed, Pruitt justified the change as simplifying the permit process for businesses.

“This long-overdue update to the regulations has the promise of increasing certainty for landowners, investors, businesses and entrepreneurs to make investment decisions while preserving the EPA’s authority to restrict discharges of dredge or fill material that will have an unacceptable adverse effect on water supplies, recreation, fisheries and wildlife,” Pruitt wrote.

In practice, the EPA has rarely vetoed permits either retroactively or preemptively, though Republicans and industry have argued against their ability to do so. That ability was affirmed in a 2014 decision by the U.S. Court of Appeals for the District of Columbia Circuit.

Pruitt’s memo cited a case in which the EPA suggested it would use its veto power, under Obama, to preemptively block a permit for the pending Pebble Mine in Alaska after concerns from conservationists and Native American groups that it would harm salmon fisheries and wetlands, according to The Associated Press.

Pruitt started a process to reverse that preemptive decision, but in a surprise move, kept it in place following public outcry.

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Supreme Court Conservatives Crush Workers, Again

HuffPost

Supreme Court Conservatives Crush Workers, Again

Leo W. Gerard, HuffPost Opinion        June 27, 2018 

The radical conservatives on the U.S. Supreme Court have twice now in two months ganged up on working Americans, denying them their right to band together to achieve mutual goals.

Last month, the extremist court majority sided with big business to deprive workers of the right to sue collectively in class actions to redress violations like wage theft. This time, the same majority ruled against workers who organize themselves into unions, divesting public sector union members of the right to collect fair share fees from co-workers who don’t join but do receive all the benefits of union-negotiated contracts.

This is regression for the nation’s workers. In lockstep with the Trump administration and congressional conservatives, the high court’s right-wingers are shoving workers back to an earlier era, a time when corporations held all of the power and when workers, in what was supposed to be a free society, were in fact denied liberty.

Ideally, in the country that fought a war to rid itself of royal overlords, workers have the freedom to change jobs, even professions, to move across the country for better opportunities, to unite with co-workers, and to bargain collectively with corporations for better pay and benefits for the whole group.

But when money, and the power it spawns, are concentrated in the hands of a few, as it was with British royalty, these liberties are stripped from the majority. Indebtedness forecloses options to the ill-paid. The radical conservative cell on the Supreme Court is denying workers the tools that are vital for improving pay.

Labor unions are one of those tools.

Not that long ago, workers in this country were damned. Vast numbers were trapped. And so were their children and grandchildren. They had no way to achieve the liberty promised by their democracy. That is because they barely subsisted as wage slaves.

This included coal miners and textile workers and sharecroppers who lived in company-owned hovels and received company scrip, not U.S. currency, as pay. Though they worked 12-hour days, six days a week, they could never get ahead as owners raised rents and fees in the company store. Somehow, the sweat of their brow left them swamped in debt.

For coal miners, the change agent was the United Mine Workers of America. Instead of individuals pleading with wealthy coal field barons for a better wage, the workers banded together under the UMWA banner and collectively sought more pay. If owners still refused, the workers, together as a unit, could shut down the mine until owners relented. And they did.

No individual has that clout. Only the group does. The wealthy mine owners objected to workers realizing and wielding this power, of course, and did everything they could to outlaw and destroy labor unions.

During Democratic President Franklin Delano Roosevelt’s first term, a Democratic Congress passed the National Labor Relations Act to provide a clear legal pathway to collective bargaining. Union membership increased dramatically for the next 25 years until approximately 30 percent of all workers were members. During this time, workers’ wages rose in tandem with productivity. America’s great middle class was born and thrived.

By contrast, as the percentage of American workers represented by labor unions declined over the past 40 years, workers’ wages stagnated, even as productivity rose. Even though more public sector workers gained the right to unionize in the late 1950s, union density overall declined steadily after 1960.

Union representation shrank as legislation, regulation and Supreme Court decisions like the one issued Wednesday made collective bargaining increasingly difficult.

As soon as Republicans took over Congress in 1946, they moved to restrict workers’ bargaining rights, passing the Taft-Hartley Act in 1947. Still, the rate of union membership continued to rise until 1960, after which it declined steadily to 10.7 percent last year. Even with those small numbers, union workers continue to earn about 20 percent more than those who don’t collectively bargain.

The high court’s decision in the case of Janus v. American Federation of State, County and Municipal Employees, Council 31, could eviscerate public sector unions ― those representing government workers such as teachers, firemen and pollution monitors. Government workers are significantly more likely to be represented by unions than are private sector workers. And, of course, union extinction is the intent of both the right-wing organizations that bankrolled Janus and the right-wing jurists who decided it.

Unions must represent every worker within a unit. So, for example, the American Federation of Teachers is obliged to serve every educator in a school district, seeking better wages and working conditions for the entire group, filing grievances and hiring lawyers to pursue those cases even for instructors who choose not to join the AFT.

Union extinction is the intent of both the right-wing organizations that bankrolled Janus and the right-wing jurists who decided it.

Until now, in 22 states with legislation supporting workers’ rights, unions could charge nonmembers fair share fees ― amounts lower than dues ― to cover the costs of bargaining for them. In the Janus ruling, the Supreme Court’s conservatives said it was unlawful to collect those fees for public sector unions without the worker giving explicit consent. The upshot is this: The court’s radical conservatives have ordered union members to pay for services for nonmembers.

Such a system is sustainable only if the vast majority of workers in a unit choose not to shirk responsibility to the group. The union I lead, the United Steelworkers does have viable local unions in states that even before the Janus decision prohibited fair share fees.

But the union-hating conservative groups behind the Janus case have already launched a massive campaign to persuade public sector union members to quit and get free union services. This is destruction by subtraction. Backed by billionaires, these groups have the luxury of big bucks and unlimited time to pick off members, one by one, until a tipping point when the local union no longer has sufficient income to provide decent service and collapses.

Then, of course, no one gets services. No one will file a grievance for the teacher’s aide ordered by a principal to work an extra hour each day without pay. No one will conduct research and collectively bargain a labor agreement that will provide these highly educated professionals with decent pay and benefits. Compensation will fall. Fewer talented young people will choose teaching as a profession. The nation’s public schoolchildren will suffer.

And the rich will pay less in taxes. That’s exactly what radical right-wingers demand: less government, less taxes. Schoolchildren be damned! And their non-rich parents too.

Leo W. Gerard is the international president of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.

Koch Brothers-Linked Group Declares New War on Unions

Bloomberg – Politics

Koch Brothers-Linked Group Declares New War on Unions

The Supreme Court decision to kill “agency” fees triggers a massive campaign to accelerate the demise of the American labor movement.

By Josh Eidelson     June 27, 2018

Supreme Court Has Brought on New Era of Labor Unrest, Rep. Ellison Says

U.S. Supreme Court Rules 5-4 Against Unions on Mandatory Fees

Following a U.S. Supreme Court decision that millions of public sector workers can stop paying union fees, a group tied to Republican billionaires long opposed to organized labor and its support of the Democratic Party has pledged to build on the landmark ruling to further marginalize employee representation.

The conservative nonprofit Freedom Foundation said that starting Wednesday, it will deploy 80 people to a trio of West Coast union bastions: California, Oregon and its home state of Washington. The canvassers were hired in March and trained this month, according to internal documents reviewed by Bloomberg News. The goal of the multi-pronged campaign is to shrink union ranks in the three states by 127,000 members—and to offer an example for similar efforts targeting unions around the country.

“Their employer isn’t going to tell them, and the union isn’t going to tell them,” said the anti-union group’s labor policy director, Maxford Nelsen. “So it falls to organizations like the Freedom Foundation to take up that mantle and make sure that public employees are informed of their constitutional rights.”

President George W. Bush (left) announces the nomination of Samuel Alito (right) in 2005. Photographer: Jay Clendenin/Bloomberg

The 5-4 Supreme Court ruling, with a majority of all-Republican appointees, threatens one of the last strongholds of America’s vanishing labor movement, a reliable source of support for the Democratic Party. Before today, public sector unions could require non-members to pay “agency” fees to fund collective bargaining efforts on behalf of all employees, since they benefit equally from representation. Writing for the majority, Justice Samuel Alito—appointed by President George W. Bush—said such a requirement violated employees’ rights under the First Amendment. The majority held that workers must affirmatively opt-in to pay any fees, making it more likely that unions will lose funding and thus the ability to negotiate wages and benefits on behalf of workers.

The Freedom Foundation has been waiting for this moment. In February, it began acquiring lists of workers and identifying public employees to feature in anti-union videos. This month, it has been assembling materials to provide to sympathetic local-government human resources departments and readying a toll-free call center.

“It just so happens that unions are the ones that stick up for the working class—whether we represent them or not.”

Now that the ruling has come to pass, the group plans a flood of social media, mail, email, cable television ads, op-eds and phone calls to spread the news about employees’ opportunity to cease paying union fees. Along with going door-to-door, the anti-union activists plan to visit government buildings at which public employees work.

Labor leaders said their members are ready to withstand the barrage. “They’re really not advocating for the employees at all—they’re advocating for unions to lose their power,” said Bob Schoonover, a heavy equipment mechanic for the city of Los Angeles who serves as president of a Service Employees International Union local there. “They want to silence the working class. It just so happens that unions are the ones that stick up for the working class—whether we represent them or not.” Schoonover said his union has been planning for the possibility of the anti-union ruling for years. “We feel that we’re as prepared as we can be.”

Charles (left) and David Koch. Photographer: Getty Images

Led by a former executive of the lobbying group, Building Industry Association of Washington, the Freedom Foundation reported a 2016 budget of $4 million. Its current assault on unions is modeled on past efforts that targeted home health aides, who in 2014 were given the option of not paying fees, and other government workers, who had a choice of paying full dues or smaller representation fees.

Nelsen declined to identify any of its donors, which he said include businesses, foundations and individuals “from all different walks of life.” All donations are “made by those who believe in our mission,” he said.

However, tax filings reveal a who’s-who of wealthy conservative groups.

Among them are the Sarah Scaife Foundation, backed by the estate of right-wing billionaire Richard Mellon Scaife; Donors Trust, which has gotten millions of dollars from a charity backed by conservative billionaire brothers Charles and David Koch; from the Richard and Helen DeVos Foundation, backed by the family of  U.S. Secretary of Education Betsy DeVos; and the State Policy Network, which has received funding from Donors Trust and is chaired by a vice president of the Lynde and Harry Bradley Foundation. Meredith Turney, a spokeswoman for the State Policy Network, Lawson Bader, chief executive officer and president of Donors Trust, and Liz Hill, a spokeswoman for the Department of Education, declined to comment on fundraising or donations. Scaife and Koch representatives didn’t immediately return requests for comment.

In records obtained by the Milwaukee Journal Sentinel, the Bradley Foundation reported having given the Freedom Foundation $1.5 million in 2015 “to expand its union transparency & reform project,” including by opening a Portland, Oregon, office. In Bradley Foundation records obtained by the nonprofit Center for Media and Democracy, the foundation’s staff recommended providing funds to the Freedom Foundation because West Coast union money “is used to subsidize the left’s national agenda and obstruct the mission and program interests of the Bradley Foundation and its allies.”

The Bradley Foundation praised the Supreme Court ruling while declining to comment on the Freedom Foundation.

“They don’t want outsiders to hurt their freedom to earn a better life.”

Past Freedom Foundation literature seeks to turn workers against unions by highlighting six-figure salaries allegedly paid to union executives, as well as sending out postcards with images of a dingy hotel and a warning echoing an Eagles song: “You can sign up anytime you like but you can never leave!”

According to the group’s documents, targets for its new “insurgency” campaign include corrections officers and teachers, who will be out of school for the summer and thus “have no interaction with their union.” Because the Oregon chapter of the American Federation of State, County and Municipal Employees, or Afscme, has been preparing members by “aggressively messaging” them, the anti-union group’s documents state, taking a more patient, less-aggressive approach with those workers will help to “demonize” the union.

The Mackinac Center for Public Policy, a Michigan-based nonprofit that, like the Freedom Foundation, is a member of the State Policy Network and has received funding from Donors Trust, has launched a “My Pay, My Say” website that by Wednesday afternoon was informing public employees of their rights under the Supreme Court decision. The website offers an automated system for workers to generate letters to their unions opting out of paying fees or dues. Prior to Wednesday’s ruling, the Americans for Prosperity Foundation, the 501(c)3 tied to the Koch-backed American for Prosperity, had already launched paid Facebook ads announcing that “Workers’ rights may soon be restored” and promoting the mypaymysay.com website.

Randi Weingarten, of the American Federation of Teachers, speaking at the 2008 Democratic National Convention. Photographer: Matthew Staver/Bloomberg

Afscme, which in 2015 privately estimated that half the workers it represents could be “on the fence” about whether to pay dues, said it’s trained 25,000 members who’ve helped conduct 800,000 face-to-face conversations with co-workers on the topic.

The American Federation of Teachers said that more than 500,000 of its members in the 10 states most affected by the ruling have recommitted to their union over the past six months, and that educators won’t be swayed by anti-union ads or canvassers funded by right-wing groups.

“When members find out who’s pulling the strings, they get pissed, because they don’t want outsiders to hurt their freedom to earn a better life,” AFT president Randi Weingarten said in an email. “We are confident that when members start getting harassed by these outside groups, they’ll be ready—not only to reject their assault but to become more active in their union.”

The “No. 1 goal” is to slash union support for the Democratic Party.

Other union supporters are looking to a range of strategies—including aggressive activism such as successful teacher strikes that roiled so-called right-to-work states this year, enticing members with exclusive benefits such as tuition discounts, and getting state laws passed that ease the organizing process.

But while such groups as Nevada’s casino union have flourished in the absence of mandatory fees, the big picture for organized labor is bleak following the high court’s ruling. In states with “right-to-work” laws, where it’s illegal to require workers to fund unions that are required to represent them, employees are already half as likely to have union representation—or less.

Such laws, and the Supreme Court opinion, have significant electoral consequences. “Right-to-work” laws already reduce the Democratic Party’s share of a state’s presidential vote by 3.5 percent and cut turnout by 2 percent to 3 percent, according to a working paper published this year by the National Bureau of Economic Research. Those policies, often put in place by Republican-controlled state legislatures, help dampen union political participation—the ultimate goal of anti-union initiatives at all levels of government, labor supporters said.

In a 2016 speech to American for Prosperity, the advocacy group backed by the Koch brothers, Freedom Foundation’s then-Oregon Coordinator Anne Marie Gurney said, “Our No. 1 stated focus is to defund the political left,” the Guardian reported. The prior year, Freedom Foundation CEO Tom McCabe authored a fundraising letter touting its “proven plan for bankrupting and defeating government unions” and addressing “a broken political culture” fueled by union dues.

The Civility Debate Has Reached Peak Stupidity

Esquire

The Civility Debate Has Reached Peak Stupidity

We got here around the time Newt Gingrich called for more civil discourse.

By Charles P. Pierce

Getty Images

HEN: WHO WILL EAT THE BREAD?

NARRATOR: SHE ASKED OF THE PIG, THE DUCK, AND THE CAT.

PIG: I WILL! NARRATOR: SAID THE PIG.

DUCK: I WILL! NARRATOR: SAID THE DUCK.

CAT: I WILL! NARRATOR: SAID THE CAT.

HEN: OH, NO YOU WON’T. I FOUND THE GRAIN OF WHEAT. I PLANTED THE WHEAT. I REAPED THE RIPE GRAIN. I TOOK IT TO THE MILL. I BAKED THE BREAD. I SHALL EAT IT MYSELF!

—The Little Red Hen (An old Russian folktale hijacked by American children’s authors.)

By all accounts, the most civil action taken in L’affaire Poule Rouge was the way Stephanie Wilkinson handled her refusal to serve Sarah Huckabee Sanders at the Red Hen restaurant in Lexington, Virginia. She first consulted with her staff, several members of which were gay and were angry at the administration*’s policies in that regard, and everyone was outraged by what was going on at the border. Wilkinson then took a vote on whether or not to serve Sanders. When the staff voted not to do so, she politely informed Sanders and her party that they would not be eating at the Red Hen that night. She even comped them the cheese plates they’d already ordered.

She did not use an official government Twitter account to discuss the episode, as Sanders did later. She did not use the power of the Oval Office to try and destroy someone’s business, as the president* found time to do later. She asked the staff what they wanted to do. She took a vote. She abided by their wishes. If there’s a more civil way of saying “no” to someone, I don’t know what it would be.

Getty Images

It would have remained a shiny object unworthy of pursuit had it not roiled up a good portion of official Washington, which seemed grateful to be discussing anything except hijacked migrant children. Suddenly, just as the issue of the hijacked children was beginning to bite the administration* severely in the ass, here was an event over which the elite political media could do one of its favorite traditional fan dances: the Question of Civility.

Right on cue, Fred Hiatt’s Washington Post editorial page, which has no compunction about publishing the words of torture-enthusiast Marc Thiessen, blurted out the most embarrassing single paragraph written about the events at the Red Hen. To wit:

“We nonetheless would argue that Ms. Huckabee, and Ms. Nielsen and Mr. Miller, too, should be allowed to eat dinner in peace. Those who are insisting that we are in a special moment justifying incivility should think for a moment how many Americans might find their own special moment. How hard is it to imagine, for example, people who strongly believe that abortion is murder deciding that judges or other officials who protect abortion rights should not be able to live peaceably with their families?”

How did any higher primate write this paragraph without coughing up a lung? How did any sentient mammal not red-pencil this paragraph into oblivion? How did Post truck drivers not save their employers severe embarrassment by tossing that entire day’s print run into the Potomac?

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For the benefit of those people also living in Fred Hiatt’s Land Without History: abortion providers have been stalked. Their children have been stalked. Their places of business have been vandalized. And, lest we forget, doctors who perform abortions have been fucking killed! They’ve been gunned down in their clinics, in their kitchens, and in their churches. They have not been allowed to live peaceably with their families, Fred, you addlepated Beltway thooleramawn. They haven’t been allowed to live at all. I’m no expert, but I’m fairly sure that a bullet in the head is far more uncivil than a complementary fucking cheese plate. What is wrong with these people?

I’m old enough to remember the raucous town halls of 2010, when the AstroTurfed forces of the Tea Party shouted down members of Congress while men with automatic weapons strolled around the perimeter of arenas in which the President of the United States was speaking. I’m old enough to remember when N. Leroy Gingrich, Definer of Civilization’s Rules and Leader (Perhaps) of The Civilizing Forces, was working out his Universal Lexicography of Insult for the benefit of a party that ate it up with an entrenching tool. Newt also emerged on the electric Twitter machine over the weekend, leaping to SarahHuck’s defense, and that was nearly enough to make me give up English as a hobby.

                      Getty Images

You know who would’ve been baffled by this sudden debate over “civility”? Samuel Adams and John Hancock, that’s who. They were a helluva lot less civil to the crew of the Dartmouth than Stephanie Wilkinson was to the Sanders party, and the citizens of Boston did not comp Thomas Hutchinson to a cheese plate when they ran his sorry ass across the pond. And, who knows, maybe if Elliott Abrams had been chased out of a few DC bistros in the 1980s, Archbishop Oscar Romero and four American nuns would still be alive.

This debate is stupid. It’s also dangerously beside the point. SarahHuck is the lying mouthpiece of a lying regime that is one step away from simply hauling people off in trucks. That she was politely told to take her business elsewhere is a small step towards assigning public responsibility to public officials that enable a perilous brand of politics. There are bigger steps to be taken, but everyone in official Washington is too damn timid to do what really needs to be done about this band of pirates.

So, Sarah, since I know it is hard for you to understand even short sentences, I’ll put it as briefly as I can: Take a hike.

This Performance Is a Uniquely American Brand of Authoritarianism

Esquire

This Performance Is a Uniquely American Brand of Authoritarianism

Some Trump supporters know it’s a shtick. That doesn’t make the consequences any less real.

By Jack Holmes      June 26, 2018

Getty Images

Like it or not, this country that has for so long called itself Exceptional can now take some cues from other nations—specifically, those that slid into authoritarianism.

We have a president who attacks and seeks to undermine all institutions of democracy that provide a check on his power, from an independent judiciary and the rule of law to the free press. (The Republican Congress no longer merits a mention.) He combines that with dehumanizing attacks on vulnerable social minorities, whom he blames for the country’s problems—real and imagined. He has cultivated a base of support whose members have incorporated support for The Leader into their basic identities.

And, as Filipino author Rin Chupeco put it so well in a series of tweets early Tuesday morning, all this has been met by a chattering class of predominantly white elites who deny efforts to resist the slide into autocracy on the basis they are “uncivil.”

Rin Chupeco: Speaking as someone born in the last years of a dictatorship, you Americans are already several steps in one. Ferdinand Marcos’ greatest trick was convincing people all protesters were communist animals, so when they went missing, few cared. Even after bodies were discovered.

Rin Chupeco: Speaking as someone born in the last years of a dictatorship, you Americans are already several steps in one. Ferdinand Marcos’ greatest trick was convincing people all protesters were communist animals, so when they went missing, few cared. Even after bodies were discovered.

Rin Chupeco: These white people & journalists talking about being civil? These were the rich people, the Fil-Chinese, the mestizos in the Philippines who knew they won’t be affected by many of Marcos’ policies, and therefore could ignore them even as the killings started.

Rin Chupeco: But Filipinos have always been susceptible to strongman personality cults, just like your Republicans. (Yeah don’t @ me on this one, Repubs still singing Reagan’s praises despite the fact he was FRIENDS with Marcos and helped him retain power, making it 1000x worse for us.)

Rin Chupeco: White people, journalists who insist on civility- you seem to think civility is a common ground you share with opponents like Trump et al. Here’s a clue – whenever you offer these assholes middle ground, they will invade that space & then claim you never gave them ground at all.

This was in evidence at President Trump’s rally in South Carolina Monday night, which was nominally on behalf of South Carolina Governor Henry McMaster. In reality, it could only ever be about Trump. This was a full exhibition of the Trumpian id, as he rated late-night hosts and talked up his verification-free nuclear deal with Kim Jong-un and explained that if Melania Trump had gotten a facelift, he would let you know.

But one moment in particular spoke to Chupeco’s point:

Aaron Rupar: Trump detours into telling the crowd about a backhanded compliment filmmaker David Lynch gave him, then tells his audience that they are “the super elites.”
“Look, everybody here makes money, works hard, pays taxes. Does a great job.” pic.twitter.com/pECbx0uF1K

Aaron Rupar: Trump calls the media “the enemy of the people,” then brags about a woman who was recently interviewed and said there was nothing Trump could possibly do to lose her support. pic.twitter.com/pHuDcFM4XW

Here Trump called the free press “the enemy of the people,” a suggestion it spreads false information to the detriment of Trump and, in his extended view, the country. Except he then told the story of a supporter who said she would never abandon him, which the president learned about because … members of “the media” interviewed her. This is part of a long-running performance from Trump, who has openly admitted he attacks the media as “fake” to defend himself against legitimate negative reporting, and that when he says “fake news,” he really means negative coverage:

donald j. trump: The Fake News is working overtime. Just reported that, despite the tremendous success we are having with the economy & all things else, 91% of the Network News about me is negative (Fake). Why do we work so hard in working with the media when it is corrupt? Take away credentials?

Of course, the most troubling thing about Trump’s account a fan is that she has completely abdicated her responsibility as a citizen to hold her elected representative accountable, instead pledging undying fealty to a politician. (You don’t really have to trust Trump on this—accounts like this are common among Trump supporters.) But both sides of this point to the irrelevance of facts, and even intention.

It doesn’t matter that Trump openly admits he derides legitimate coverage as fake. It doesn’t matter that this entire thing is delivered in bad faith, just like all the calls for “civility.” What matters is the performance: Trump, the strongman leader, bashing the Enemies. That includes undocumented immigrants, but it also includes the free press, Democrats, late-night hosts, and anyone else who might stand in the way of The Movement. The details aren’t important.

This has filtered down to the fanbase, which had a fascinating encounter with CNN’s Jim Acosta last night at the rally.

Chuck@Hyduch: This is just….wow. Trumpers scream at CNN, then ask for autographs, then ask for on air shout outs. Attention seeking morons
https://twitter.com/i/moments/1011402213401358336 …

At least some of Trump’s supporters understand his shtick as a performance, and they engage in it, too. That’s why they’re ready with “Build the Wall” and “Lock Her Up!” chants, even when they’re only tangentially related to whatever he’s ranting about. All the world’s a stage, and even Acosta got in on the act, signing autographs for people who just assaulted his integrity and suggested he did not belong there. And yet the performance, at its root, is a primal scream from White America in defense of a social order fast eroding under strain from monumental forces of change.

And of course, Trump’s performance has real consequences:

the realkenidrawoods: A friend, Esteban Guzman sent me this video of a racist white woman harassing him while out working with his mom.

“Why do you hate us?”
“Because you’re Mexicans.”
“We are honest people right here!”
“Haha..yeah.. rapists & animals.”

Trump supporters always reveal themselves 1/2

This reality show presidency is a uniquely American flavor of authoritarianism. Citizens from the national home of The Bachelor require only a thin veneer of reality to paper over the obvious money-grabbing deceit of the production in order to be taken in. This is our version of the authoritarian slide, in which The Leader rants about Jimmy Fallon and whether his wife got a facelift as he attacks the institutions of democracy that safeguard a free society. The entire production is carried out in complete bad faith, just like when Sarah Huckabee Sanders—who works for a man who invents demeaning nicknames for opponents, bragged about grabbing women “by the pussy,” and calls predominantly black and brown countries “shitholes”—insists we need civil discourse.

It is a way of waging the trench war against any and all constraints on the range of acceptable discourse, the range of acceptable behavior, and The Leader’s power. It’s just our American version of the same impulses Chupeco highlighted:

Rin Chupeco: So you shift the goalposts, and you enable the gaslighting, even if inadvertently. “Maybe if YOU hadn’t been so rude they wouldn’t have done that.”
Bullshit. You KNOW they’ll do it anyway because again, your goddamn status quo.

People invested in putting kids in cages don’t want your civility. They don’t want you to extend them the same courtesy they never had – and never wanted – from you. What they want is for you to retreat.

Replying to RinChupeco: People invested in putting kids in cages don’t want your civility. They don’t want you to extend them the same courtesy they never had – and never wanted – from you. What they want is for you to retreat.

Rin Chupeco: And every ground you grudgingly give, hoping that they’ll construe that as some good faith on your part, is only an incentive for them to push harder until you have no ground left. Then they’re going to tell you they’ve owned the land all along.

Chupeco’s whole thread is worth reading.

The president again suggested we should suspend due process for people captured at the border last night. He is creeping up the field, seizing first the shallow ground allotted to the most vulnerable among us. No amount of civil discourse is going to convince him to turn back, or persuade any of his supporters they have chosen the wrong path. It might be reality TV, but the supporters don’t want to know. They’re enjoying the show. The tax cuts might be reserved for the rich, but the attacks on the Other are all theirs to savor. Where will the next attack be, the next ground seized?