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Weekend Reading 12/30/16

Anna

From the courage and vision and unity we witnessed around Standing Rock water protectors to powerful national conversations about economic justice and Black Lives Matter, Yes! Magazine’s Sarah van Gelder looks back at 2016 and reminds us that “it wasn’t all bad.” She leaves us with five signs of positive change as we brace for 2017 and beyond.

While we’re looking back (and building steam for powering forward), don’t miss Media Matters‘ piece on the most ridiculous things media said—or repeated—about climate change and other environmental issues in 2016, from “we have the cleanest coal in the world” to “coal is a moral substance” (obviously Fox News looms large here) to the tired but effective old saw that the “global warming industry” is a “conspiracy against taxpayers” (thanks to Breitbart). You’ll laugh and you’ll cry. Such are the times we live in.

Meanwhile, the Washington Post reports that opinion polling by the Economist shows “Americans—especially but not exclusively Trump voters—believe crazy, wrong things.”

The Tyee’s Geoff Dembicki has a hard line for Justin Trudeau: “He thinks he can expand fossil fuels and keep young voters. He’s wrong.”

Finally, check out Kent Pitman’s (climate anxiety-inspired) Christmas Peril poem (also in Spanish) and look for the Earth2Trump roadshow, coming to Seattle and Portland in early January.

Keiko

A few encouraging words from Shaun King as we head into the new year:

I do not know exactly what 2017 will bring. I agree that it will be problematic and fierce, but I believe in myself, I believe in you, I believe in us. We have endured, survived, and thrived before, and I’ll be damned if Donald Trump is going to stop us now.

The New York Times editorial board weighs in on Ben Carson’s warped view of housing. Carson suggests that segregation is a natural element of civic life. The ed-board clarifies that no, segregation is a consequence of discriminatory housing policies that insisted on black-white separation. If chosen to lead the Department of Housing and Urban Development, Carson could send the message that it’s perfectly fine for government to return to housing policies of racial isolation.

This Washington Post article captures the story of a migrant who flees a Brazilian recession and embarks on a long, treacherous 7,000 mile journey to the United States. A long (and heartbreaking) read for your weekend.

Grist calls the national housing shortage the most overlooked issue of the year—a “political cause in dire need of a champion.” Fingers crossed that 2017 will bring along a housing champion and a national strategy to provide affordable housing to all… a girl can dream for a universal housing voucher program!

Top Ten of 2016

Today, we’re looking back at our top articles from 2016. It’s worth remembering the inspiring wins that happened during a difficult year.

We took a deeper dive into housing and urbanism research, continued our work on stopping coal, oil, and gas infrastructure in the Pacific Northwest, exposed the financial instability of the coal industry, and helped pass a democracy reform initiative in Portland.

The Thin Green Line held strong this year, including numerous victories: defeating an oil terminal in Grays Harbor, a methanol terminal in Tacoma, a liquefied natural gas terminal in Jordan Cove, and many more. One of the most influential wins this year was the continuous indigenous resistance to fossil fuel infrastructure, from Standing Rock opposing the Dakota Access Pipeline to the Lummi Nation defeating the Gateway Pacific coal terminal. Next up on our path beyond carbon, Peabody Energy, the world’s biggest private coal company, and Arch Coal, North America’s second largest coal company, both filed for bankruptcy.

Thank you, our readers and supporters, for continuing to make Cascadia a global model of sustainability. Let’s move into the new year together, challenge injustices, and protect the values, people, and places in our community and beyond.

Now let’s take a look back at your fave Sightline articles from the year:

10. Lummi Nation Defeats Coal Export Terminal

In May, the US Army Corps of Engineers denied a permit for the proposed Gateway Pacific coal export terminal outside of Bellingham, Washington! It was the Lummi Nation that carried the day—fighting for its tribal rights put the final nail in the coffin.

9. How Industry and Regulators Kept Public in the Dark After 2014 LNG Explosion in Washington

Sightline’s in-depth research into the Plymouth, Washington, liquid natural gas (LNG) explosion reveals that the LNG industry is creating a false safety record, and current regulations allow the industry to do so. Sightline researcher Tarika Powell explains how the public was kept in the dark and why events at Plymouth should inform Oregon’s and Washington’s analysis of the three current LNG terminal proposals.

8. Dakota Access Pipeline: Misleading the Court, the Public…or Both?

With just a few days before the alleged deadline, it’s time for the company behind the Dakota Access Pipeline to stop the doubletalk and set the record straight: does it face a January 1 contractual deadline with its shippers or not? This current quandary makes this article a must read.

7. Five Stories To Watch in the Arch Coal Bankruptcy

This year, Arch Coal, North America’s second largest coal company, filed for bankruptcy. This came as no surprise since nearly 50 US coal mining companies have filed for bankruptcy protection since the beginning of 2012. Sightline director of energy finance Clark Williams-Derry highlights the top stories to watch for as the bankruptcy unfolds.

6. Why Vancouver Trounces the Rest of Cascadia in Building ADUs

In Vancouver, BC, fully one-third of single-family houses have legal Accessory Dwelling Units (ADUs)—otherwise known as mother-in-law units and backyard cottages. In Portland and Seattle, scarcely one percent of houses sport a permitted secondary dwelling. This popular article reveals what’s holding back Cascadia’s ADUs and how building more ADUs is a big opportunity for addressing housing shortages in growing cities.

ADU infographic final with text and logo not permitted

5. Exclusionary Zoning Robs Our Cities of Their Best Qualities

Regulations that restrict the production of new housing allow the wealthy to outbid the poor. Sightline senior researcher Dan Bertolet highlights eight ways exclusionary zoning makes our communities more expensive and less just, and features opportunities to eradicate exclusionary zoning and empower equitable access to the city.

4. Why You’re Still Not Bringing a Reusable Mug for Your Daily Coffee

Did you know fewer than two percent of coffee lovers bring their own mugs to Starbucks to save a dime on their beverage? What will it take to get people to bring reusable mugs to coffee shops? This article examines what reusables are up against and how Cascadia can be the model of a caffeinated culture shift.

3. The United States Needs More Than Two Political Parties

The popularity of Bernie Sanders and the shocking win of Donald Trump show that American voters want more options. Sightline senior researcher Kristin Eberhard explains how 40 percent of Americans identify as Independents and how more political parties would better represent voters’ views. Proportional representation voting would boost civic engagement, cripple gerrymandering, end partisan gridlock, and more.

Sanders and Trump, by Phil Roeder and Gage Skidmore, cc.

Bernie Sanders and Donald Trump used under CC BY-SA 2.0 (Two photos adapted by Flickr users Gage Skidmore and Phil Roeder.)

2. Legalizing the Tiny House

Did you know tiny houses are usually illegal? This popular post exhibits the myriad of tiny house regulations and permitting predicaments, and highlights the ways cities are working towards policy solutions that will bring tiny houses in from the cold.

1. How Seattle Killed Micro-Housing

The top Sightline article of the year is yet another housing article that details how Seattle outlawed micro-housing, one bad policy at a time. This smart, sustainable, and affordable housing option held enormous potential for thousands of residents. So, what now? Can we bring back micro-housing? Read on!

Putting Words to Work for Good

At Sightline, we know that words, language, stories, and images matter. However the data stack up, a smart solution is only as persuasive as our ability to convey why it matters.

All our ideas, research, and analysis has a better chance of survival—and success—when we package it in savvy communications and good storytelling, connecting policy to people’s lives, striking an emotional chord, and reinforcing our shared values.

We dig through piles of academic research, polling data, and expert analysis to distill best practices into tools to help you do your work toward equity and sustainability.

Here are some of our strategic messaging resources—Flashcards—from the past year; talking points that take you from climate change and clean energy solutions through tips for building grassroots political power and onward to housing and democracy solutions. Enjoy reading and thank you for putting our messaging tools to work for good!

1. Wisdom for Talking to Kids About Climate Change

Stories, experiences, and wise words from colleagues who are parents as well as water protectors, teachers, scientists, activists, and policy experts.

Original Sightline Institute graphic, available under our free use policy.

Original Sightline Institute graphic, available under our free use policy.

 

2. Talking Turkey About the Electoral College

The 2016 election got lots of Americans talking about our democracy. Here are choice quotes to bring to your family gatherings.

Photo Credit: e.mcclay Flickr via Compfight cc

Photo Credit: e.mcclay Flickr via Compfight cc

 

3. Six Tips for Talking Housing Affordability Solutions

In a nutshell, we give you our top messaging takeaways from Sightline’s audit and analysis of media coverage of Seattle’s Housing Affordability and Livability Agenda (HALA).

Original Sightline Institute graphic, available under our free use policy.

Original Sightline Institute graphic, available under our free use policy.

 

4. Five Secrets of the Tea Party’s Success

Today, more than ever, we need strategies to channel political energy (a.k.a. fear, anger) toward satisfying and effective action. Here’s how the Tea Party supercharged their grassroots (and how you can, too).

Original Sightline Institute graphic, available under our free use policy.

Original Sightline Institute graphic, available under our free use policy.

5. Money is Breaking Our Democracy. So, Now What?

How do we talk about democracy solutions so that people feel empowered and inspired? Here are messages to move Americans from cynicism to action.

Original Sightline Institute graphic, available under our free use policy.

Original Sightline Institute graphic, available under our free use policy.

6. Video: 3 Climate Messages That Win

A quick video explainer shows how you can use three top-performing messages that, together, build support for global warming solutions.

7. Looking for Better Climate Photos? Help Is Here

A guide to the best pictures to capture emotions and spur action—and an extensive photo library to mine! (Hint: At ClimateVisuals.org, polar bears are out, people are in.)

Original image by flickr user 10:10, built on by Sightline Institute under a creative commons license with research from Climate Visuals.

Original image by flickr user 10:10, built on by Sightline Institute under a creative commons license with research from Climate Visuals.

tiny-white-square

Will the Trump Administration Cancel an Old, Dangerous Pesticide?

In 1965, three years after the publication of Rachel Carson’s environmental classic, Silent Spring, the organophosphate pesticide Chlorpyrifos made its US debut. This pesticide and other organophosphates are chemical cousins of nerve gas—they are neurotoxic to insects and have side effects on humans and other animals. Chlorpyrifos is currently used on a range of Northwest staple crops, including apples, pears, and cherries, as well as sugar beets, lentils, and wheat. As Sightline reported in November 2015, the US Environmental Protection Agency (EPA) was preparing to cancel all uses on agricultural crops, but that decision will now fall to the Trump administration.

The dietary risk to the most sensitive group, children one to two years old, is 140 times higher than a level considered “safe” under the law.
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President-elect Trump’s announced appointments indicate that his administration is likely to be much more accommodating to the petrochemical industry and much less protective of environmental and public health protections. Yet EPA’s formal risk assessment, revised and issued in November 2016, found dramatically higher risk estimates from food and water consumption.

EPA’s 2015 proposal resulted from a federal Appeals Court decision that ordered the Agency to make a decision on a 2007 request from Natural Resources Defense Council (NRDC) and Pesticide Action Network North America (PANNA), which had filed a petition to ban all uses of Chlorpyrifos. The same court subsequently directed EPA to issue a final rule on this pesticide by March 31, 2017.

In its November 2016 evaluation, EPA adjusted its earlier assessment to address evidence from epidemiology studies (including this one performed by Columbia University) indicating that prenatal Chlorpyrifos exposures can cause negative effects in children’s developing brains. With adjustments for such developmental effects, the revised assessment found much higher risks from consuming foods grown with Chlorpyrifos treatment. The dietary risk to the most sensitive group, children one to two years old, is 140 times higher than a level considered “safe” under the law. Other exposures that remain too high include from drinking water, where chlorination treatment generates the more acutely toxic Chlorpyrifos oxon metabolite.

EPA also identified unacceptable risks to bystanders, including farmworkers’ children, from breathing the Chlorpyrifos residues found in the air after pesticide applications and from direct exposures to workers. But in September 2016, even before EPA issued its latest proposal, a dozen groups, including the United Farm Workers and the National Hispanic Medical Association, petitioned EPA to cancel all uses of Chlorpyrifos in order to protect workers and their families.

chlorpyrifos-by-natoinal-pesticide-information-center-used-under-public-domain

Chlorpyrifos by National Pesticide Information Center, Oregon State University (Used under public domain.)

chlorpyrifos-oxon-by-natoinal-pesticide-information-center-used-under-public-domain

Chlorpyrifos-oxon by National Pesticide Information Center, Oregon State University (Used under public domain.)

 

 

 

 

 

 

 

Patti Goldman, Managing Attorney in the EarthJustice Northwest Office, represents PANNA and NRDC in their petition to EPA. Her recent post on Chlorpyrifos gives more details on the updated risk assessment and urges citizens to comment on EPA’s latest proposal.

Pesticide laws require EPA to analyze “aggregate” pesticide exposure to consumers, including from food and drinking water. For Chlorpyrifos, exposure from food consumption is too high all by itself. So are exposures from drinking water. EPA did not even attempt to combine these exposures and others, such as to farmworker children, because the scientific evidence of their harmfulness seems overwhelming. Accordingly, EPA reiterated its earlier proposal to cancel all uses of the pesticide on crops.

And the picture for chemical cousins of Chlorpyrifos gets even worse. EPA is also required to determine the cumulative risks from groups of pesticides that have a “common mode of toxicity.” In other words, the law requires them to examine the impacts of all organophosphates, which are neurotoxic. Yet EPA’s revised risk assessment and proposal on Chlorpyrifos deal with that chemical alone and leave unaddressed the implications for other organophosphates.

EPA last updated its cumulative assessment on organophosphates in 2006, finding then that overall exposures were acceptable. At that time, the Agency evaluated 50 organophosphates, but because of earlier regulatory actions, some had been completely cancelled. Still, 25 were used on food crops, and 8 had residential uses. But the law also requires EPA to review all registered pesticides every 15 years in light of new scientific and other information, and EPA began re-evaluating organophosphates in 2008.

The analysis is, admittedly, a time-consuming task, and the chemical industry can be expected to fight EPA regulatory proposals tooth-and-nail. But the science on Chlorpyrifos, along with court orders, caused EPA to address neurological development as a matter of concern in its analysis, and the Agency concluded that it cannot make the positive “finding of safety” required by pesticide law. The question now is: will EPA apply the same scientific methodology and regulatory approach that it used for Chlorpyrifos to its chemical cousins? And will it update its cumulative assessment accordingly?

Stay tuned for further developments under the Trump administration.

If you would like to submit comments on the EPA’s proposal you can do so here:

Submit comments here.

Submissions are due by January 17, 2017.

John Abbotts is a former Sightline research consultant who occasionally submits material that Sightline staff members turn into articles.

Weekend Reading 12/23/16: Best Books of 2016 Edition

Alan

Infectious Madness: The Surprising Science of How We “Catch” Mental IllnesS

By Harriet Washington

Ever since I read this article on how the growing popularity of pet cats in Europe centuries ago may have brought with it the eruption of severe mental illness, especially schizophrenia, I’ve been fascinated by germ-theory research on mental health. In the case of cats and schizophrenia, the culprit may be a microorganism called Toxoplasma gondii. But T. godii is far from the only microscopic agent that may get into our heads. Harriet Washington’s Infectious Madness: The Surprising Science of How We “Catch” Mental Illness chronicles a bevy of them. Science!

The Gated City

By Ryan Avent

Ryan Avent’s The Gated City was another highlight of my book pile. Avent is an Economist reporter who started looking into the macroeconomic consequences of expensive local housing. One thing led to another, and he realized he was onto one of the biggest economic stories going: that tight constraints on local land uses is holding down prosperity, boosting inequality, and dragging down US competitiveness. The implications of the research he summarizes are so big that I’m still coming to terms with them. (Sightline’s Dan Bertolet did his own summary of some of this research here.)

Serena

I’ve already written up all of my top reads of 2016 in various weekend reading posts throughout the year, but they’re rounded up below with links to my original reviews:

THE SELLOUT

By Paul Beatty (Man Booker Prize winner)

THE ARGONAUTS

By Maggie Nelson (MacArthur Genius Grant winner)

SHRILL

By Seattle native, former Stranger writer, and comedic genius Lindy West

ON TRAILS

By Robert Moor

EATING ANIMALS

By Jonathan Safran Foer

I also recently enjoyed Jonathan Safran Foer’s Eating Animals (hat tip to Sasha S.), an artful and compelling exploration of America’s meat industry. It weaves deftly between snippets of family history, philosophical arguments for vegetarianism, fascinating—if terrifying—public health implications of modern meat-raising, and testimony from others who are intimately involved in various aspects of the industry.

Keiko

Homegoing

By Yaa Gyasi

Yaa Gyasi’s debut novel Homegoing is a multi-generational family epic filled with compassion. Starting in Ghana, two half-sisters are separated: one sold into slavery, one marrying a British slaver. The story follows the generations of family after them, in Ghana and the United States, for over 300 hundred years of history. Each chapter builds a compelling personal narrative of a family member, weaving in past stories and characters. The legacy of captivity carved into the foundation of American history and the inter-generational trauma caused by slavery is visceral in Homegoing and can’t be ignored

Homegoing fits well with a documentary I recommend called 13th. Named after the Thirteenth Amendment, the documentary is a look at the history of racial inequality in America and how mass incarceration is an extension of slavery—a form of racialized control. It made me think about the power of words and the coded language—war on crime, war on drugs, law and order—that target African Americans. It also shocked me to learn that most inmates take a plea bargain for crimes they didn’t commit because people are incentivized to plead guilty for lesser sentences instead of going to trial. The case of Kalief Browder, a 22-year-old who spent three years on Rikers Island without being convicted of a crime is a tragic example. This movie is packed with shocking facts that will both infuriate you and make you think, “what can I do?” In the current political climate, we need to be vigilant and continue to fight for equality more than ever.

The Argonauts

By Maggie Nelson

I second Serena’s recommendation The Argonauts. Maggie Nelson’s memoir explores motherhood, gender identity, and queerness. Nelson is experiencing pregnancy while her trans-gendered partner’s body is also transitioning. Here’s a quote to wet your appetite:

Is there something inherently queer about pregnancy itself, insofar as it profoundly alters one’s “normal” state, and occasions a radical intimacy with—and radical alienation from—one’s body? How can an experience so profoundly strange and wild and transformative also symbolize or enact the ultimate conformity?

Evicted

By Matthew Desmond

A raw and astonishing look at extreme poverty and economic exploitation in America. Sociologist Matthew Desmond follows the lives of seven people living in Milwaukee who pay 70-80% of their income for homes unfit for human habitation. Evictions used to be rare but are now all too common. Similar to incarceration, eviction can brand a person for life and prevent someone from a wealth of opportunities.

Aven

Far From the Tree: Parents, Children, and the Search for Identity

By Andrew Solomon

By far the most interesting book I read this year was Far From the Tree: Parents, Children, and the Search for Identity, by Andrew Solomon. The author spent 10 years interviewing more than 300 families with children who have what he refers to as “horizontal identities”— “ inherent or acquired trait[s] that [are] foreign to [our] parents and must therefore [be acquired] from a peer group”, as  opposed to the “vertical identities” we inherit directly from our parents.  Some examples he explores are dwarfism, schizophrenia, and autism. “This book’s conundrum,” he writes, “is that most of the families described here ended up grateful for experiences they would have done anything to avoid.” I found this book to be a deeply inspiring examination of what it means to be a parent, and to truly love unconditionally.

Galileo’s Middle Finger: Heretics, Activists, and the Search for Justice in Science

By Alice Dreger

In the category of “dear god, everyone is this country should be forced to read this book”, I offer Galileo’s Middle Finger: Heretics, Activists, and the Search for Justice in Science, by Alice Dreger. In a world where previously benign and accepted concepts like “truth” and ‘facts” have become arguable and political, this is, IMHO, a critically important case study of the relationship between science and politics. And in case anyone is wondering, this is the same Alice Dreger who wrote that Stranger article about her son’s sex-ed class last year.

Vitamania: Our Obsessive Quest for Nutritional Perfection

By Catherine Price

And finally, because our food system is another realm in which I think Americans should be more informed, I suggest Vitamania: Our Obsessive Quest for Nutritional Perfection, by Catherine Price. The fact that so many people seem to think that healthy eating consists of ingesting enough protein powders and so-called “supplements” has always driven me crazy, and Price explains both how we got here and why no amount of fortification can replace real food.

A is For Activist

By Innosanto Nagara

Honorable mention goes to A is for Activist by Innosanto Nagara, a toddler board book which I will be from here on out acquiring for all of my friends who have kids. One reviewer described it as “Howard Zinn’s A People’s History of the United States, but for two-year olds.” Enough said.

Kelsey

The Savage Detectives

By Roberto Bolaño

River Cottage Veg

By Hugh Fearnley-Whittingstall

The Private Lives of Trees

By Alejandro Zambra

Kristin E.

Nexus, Crux, and Apex 

By Ramez Naam

Raising the Floor: How a Basic Income can Renew Our Economy and Rebuild the American Dream

By Andy Stern

Anna

I’m lucky to find enough time to read an entire magazine article these days, so I’m taking notes on my colleagues’ reading lists. The next year—heck, make it the next four years—I plan to return to the book. Escapism. Yes, please. I’m going to read novels. How else can we better understand our species? But also, I’ll be looking for the sociologists and historians who might help explain humans to me. Meanwhile, here’s what I’m burying my nose in:

Born to Run

By Bruce Springsteen

The self-indulgent memoir of a mega-rock-star? Yes. That it certainly is. But Bruce is—as always—an alchemist. He is singular (IMO) in turning introspection, personal exploration, and the recounting of his own particular experiences and observations (aka navel gazing) into universal truths and a certain kind of collective American Story (or at least the illusion that such a thing might actually exist). Like the songs that helped me through puberty and every stage of life since, the autobiography is honest and raw. Bruce bares his soul about his own depression and difficult relationships. And a window into his unstoppable drive is fascinating. The book is that signature—and almost impossible—combo of sad and exuberant that characterizes so many of my favorite Springsteen songs. Admittedly (obviously) I’m a big fan. So: Grain of salt with all this, but, I’m telling you, the prose is lyrical. As you read, you can almost hear him signing it—all 510 pages!

Video: LNG Is Heading to Tacoma. There’s Still Time to Stop It

Sightline senior research associate Tarika Powell joined Tom Layson on KBTC‘s Emmy-winning Northwest Now program last week, along with RedLine Tacoma co-founder Claudia Riedener and South Sound resident Bill Kupinse. Together, they take a critical look at the $300 million liquefied natural gas (LNG) facility that is proposed for the Tacoma tide flats and answer frequently asked questions: Why didn’t the public know about Tacoma LNG? How far along is the project? What are the safety concerns and environmental impact? How will it affect the surrounding community?

The panelists also discuss the numerous requests—by Sightline, local scientists, and others—for the city of Tacoma to conduct a Supplemental Environmental Impact Statement (SEIS) on the proposal due to significant project changes that have occurred since the issuance of the Environmental Impact Statement (EIS).

Want more? Take a look at Tarika’s research on the proposed LNG plant here and here.

View the full video here.

 

Dakota Access Pipeline: Misleading the Court, the Public…or Both?

With less than two weeks before the alleged deadline, it’s time for the company to stop the doubletalk and set the record straight.
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The company behind the Dakota Access Pipeline (DAPL) owes its investors a straight answer: does it face a January 1 contractual deadline with its shippers, or doesn’t it? Company spokespeople have told the court that they do, but told the press that they don’t. Now, with less than two weeks before the alleged deadline, it’s time for the company to stop the doubletalk and set the record straight.

In a sworn declaration submitted to a federal court on August 2, Joey Mahmoud, a Vice President of Dakota Access, LLC (and also an Executive Vice President of Energy Transfer Partners (ETP), a co-owner of Dakota Access) clearly stated that the pipeline’s long-term shipping contracts would expire on January 1:

“In connection with its long-term transportation contracts with 9 committed shippers, Dakota Access has committed to complete, test and have DAPL in service by January 1, 2017. The long-term transportation contracts give shippers a right to terminate their commitments if DAPL is not in full service per the contract deadline…and loss of shippers to the project could effectively result in project cancellation.” [Emphasis added.]

The legal team representing Dakota Access doubled down on the claim in late November, warning the court of the financial harm that the company faces if the pipeline is not completed on January 1 and…

“…those who have contracts to purchase oil from Dakota Access exercise their rights to cancel due to the delay.” [Emphasis added.]

Yet in repeated statements to the press, the company has flatly denied that it faces any deadline on January 1. A November 4 story in the Sioux Falls Argus Leader quoted Energy Transfer Partners spokeswoman Vicki Granado contradicting Mahmoud’s declaration, telling a reporter point blank, “There is no Jan. 1 deadline.” She repeated the claim in a story published on December 1, 2016, saying flat out:

There is nothing contractual tied to the January 1 date. That was an initial in-service target date. The contractual dates are further out and pose no issue to the project.”

The two accounts of the deadline simply can’t be reconciled, and there is no indication that either newspaper story was corrected. Which raises two important questions: who is Dakota Access misleading, and why has it engaged in this kind of obfuscation?

The conflicting accounts represent more than an innocent error; in each case, the company carefully calibrated its statements to achieve a specific goal. Dakota Access first mentioned the January 1 deadline as a part of a legal strategy to convince the court to speed up its deliberations: the company wanted the court to believe that the January 1 deadline posed dire financial consequences. Granado’s statements, in contrast, served to mollify investors, reassuring them that January 1 had absolutely no contractual significance. And since the company hasn’t made its contracts public, these contradictory statements have left investors and the court wondering which ETP spokesperson is speaking on the level.

But the deception is more than just another black mark on the pipeline’s record. It may carry legal ramifications as well.

The original mention of a January 1 deadline came from sworn testimony in federal court. The declarant, Mr. Mahmoud, had good reason to be familiar with the terms of the shipping contracts. If he misinformed or misled the court about the details those contracts, he may potentially face serious repercussions, including accusations of perjury.

Just as importantly, though, the company’s duplicitous statements about the contract deadline may have misled investors about a material risk to the company’s business prospects. And because ETP is a publicly traded company listed on the New York Stock Exchange (NYSE), this sort of deception may carry financial and legal consequences. NYSE rule 435(5) prohibits the circulation of false or misleading rumors “of a sensational character which might reasonably be expected to affect market conditions.” Further, SEC rule 10b-5, covering “Employment of Manipulative and Deceptive Practices,” declares that it is unlawful “To make any untrue statement of a material fact…in connection with the purchase or sale of any security.”

And as it turns out, just about anything ETP says in public right now could have a bearing on the “purchase or sale” of company stock. On November 21—the day before the Dakota Access legal team doubled down its claim about the importance of January 1 to the company’s finances—the company that controls ETP announced its intention to sell a controlling interest in the firm to a sister company, Sunoco Logistics Partners. The proposed $21 billion sale immediately proved controversial, with ETP share prices falling by 7 percent on the day the deal was announced. Some investment analysts lambasted the move as little more than a backdoor way to slash ETP’s payments to shareholders, since Sunoco pays lower dividends than ETP. Advocates for investors are now considering suing ETP over the proposed deal, questioning whether it was in shareholders’ best interests.

In that context, ETP’s contradictory and misleading statements about the January 1 deadline could have materially affected investors’ perceptions of the company’s value. And that’s true no matter whether the January 1 contractual deadline really exists. Some investors may have taken the company’s court declaration at face value, downgrading their assessment of the company’s prospects based on the risk that it could lose shippers at the beginning of the year. Other investors may have relied on the company’s statements to the press, discounting the consequences of a missed deadline. In either case, some investors may have been misled about ETP’s financial health as a result of credible public statements by ETP representatives.

The company owes the public and its shareholders a clear and transparent accounting of whether it faces contractual deadlines on January 1. If they do, ETP owes the press, the public, and its investors a forthright explanation of why a company spokesperson denied its existence. And if the deadline isn’t real, the company will have to face any legal consequences for misleading the court.

Either way, investors now have an additional reason to doubt the candor, integrity, and commitment to transparency of the company backing the Dakota Access Pipeline.

Weekend Reading 12/16/16

Kristin

A group of electors calling themselves the “Hamilton Electors” are trying to gather enough electors across the country to fulfill the Founding Fathers’ original vision of the Electoral College as a deliberative body that would protect the nation from demagogues. They are urging electors to cast their votes for Ohio Governor John Kasich for president.

In 1952, whether a county was urban or rural said almost nothing about whether it would vote Democrat or Republican. In 2016, denser counties are overwhelmingly more likely to vote Democrat. What happened? One word: race.

“In the early days of white flight, two federal policies—the construction of the interstate highway system and mortgage guarantees for the new suburbs— pulled whites out of cities even as they were getting pushed by racial tension, desegregation and school busing.

“The people who go to the suburbs are not a random selection. They were the middle and upper class. They became homeowners. They prized neighborhoods of single-family houses. Those characteristics today all correlate with leaning Republican.”

Even as Republicans stopped trying to win votes in cities, they started talking a lot about cities: painting them as crime-ridden sanctuaries.

“They have it in their interest to appeal to suburban voters who are looking back to the city through their rearview mirrors with a mix of disgust and romance for an imagined past.”

Turns out, raising a kid is hard. Especially when you didn’t mean to have the kid. More than one-third of American children were unplanned, and those children get less emotional and cognitive support from parents than do planned children.

The New York Times has an interactive article based on Brennan Center’s research on unnecessary incarceration. Read the stories of young men who were involved in violent crimes, and decide how much more time they should serve.

Trevor Noah’s essay on growing up in South African apartheid and doing comedy in 2016 America.

A new Medium collection called “Economic Security Project” has great articles about basic income, from many different perspectives.

Kelsey

The Los Angeles Times reports that “the violence in Aleppo is a stain on the world’s conscience.” I couldn’t agree more. Last night, after watching this video of orphans in Aleppo making pleas to live, I cracked open A Thousand Mornings by Mary Oliver in an attempt to find some beauty. This poem came to me and couldn’t have been more apt for the moment:

The Morning Paper

Read one newspaper daily (the morning edition
is the best
for by evening you know that you at least
have lived through another day)
and let the disasters, the unbelievable
yet approved decisions,
soak in.

I don’t need to name the countries,
ours among them.

What keeps us from falling down, our faces
to the ground; ashamed, ashamed?

Eric

My top recommendation this week is The Double Bind, a first-rate piece of investigative journalism by Sara Bernard at Seattle Weekly. It’s a stomach-churning and remarkably thorough look at the failure of King County prosecutors to bring sexual assault cases to trial, setting up review standards that are nearly impossible to meet and that implicitly blame victims for being raped.

At Crosscut, Washington Republican Chris Vance explains why our democracy isn’t rigged, and the dangers of claiming that it is.

Scientists shed new light on the meaning of retreating mountain glaciers, finding “categorical evidence” that they bear the fingerprints of climate change.

John

Lots of post-election news, including Jane Mayer’s profile in the New Yorker on The Donald’s nominee for EPA, making clear his connection to the Koch Brothers and other fossil fuel billionaires.

Grist has a running article on the “basket of climate change enablers,” nominated for the new administration, which seems to be growing daily.

Grist also has a news brief covering a new SyFy show, set in 2074, at a time when “government has failed to protect its people from climate disaster and corporate takeover.” As Grist notes, this scenario is “uncomfortably close.”

But as a counterweight in Grist, Bill McKibben offers advice to activists who want to limit the damage.

On the election itself, here is Paul Krugman’s piece in the New York Times, referring to “The Siberian Candidate.”

And did you hear about the 75,000 uncounted votes in Flint and Detroit, Michigan? Well, neither did I until Democracy Now! ran this piece by Greg Palast, who previously broke the news about the pre-2000 election purge of minority voters in Florida.

 

John Abbotts is a former Sightline research consultant who occasionally submits material for Weekend Reading and other posts.

City Council Approves Open and Accountable Elections Portland

This morning, Mayor Charlie Hales and Commissioner Steve Novick joined Commissioner Amanda Fritz in approving Open and Accountable Elections Portland, supported by a broad coalition of Portland groups that came together to support the measure. Starting with the city’s 2020 elections, Portland will join cities and states across the United States and Canada in empowering voters to have an equal voice in local elections.   

Open and Accountable Elections Portland will allow candidates for city offices to opt in to stricter campaign finance rules, including not accepting campaign contributions of more than $250 dollars. Portlanders will then generate a public match for contributing to that candidate’s campaign. For example, your $10 support of your favorite candidate will become $70, and your $50 will become $350.

This system will restore balance to local elections also by strengthening the voices of regular Portlanders, allowing regular people to run for office, even when they don’t have a network of wealthy friends or family to bankroll a campaign. It will set the city on a people-powered course rather than one directed by big-money special interests.

As it stands now, big donors have outsized influence in the Rose City’s elections. Just 400 wealthy individuals played an important role in financing the 2016 Mayoral race, and just 600 big donors drowned out regular Portlanders in 2012 races. But thanks to a diverse coalition that voiced its support for the reform (see here, here, here, here, and here), that dynamic will change.

Come 2020, a dozen regular Portlanders with just tens of dollars each to give could be as valuable as one wealthier donor with hundreds to give. And candidates who opt into the program will be able to run competitive campaigns apart from the fancy-dinner circuit, instead prioritizing more grassroots events like house parties and town halls to earn voters’ support. Everyday Portlanders will see more of local candidates, and potential local candidates without rolodexes of wealthy friends will be more likely to venture to run.

We look forward to seeing a people-powered city election in 2020.

Event: Pacific Northwest Pledge of Dirty Energy Resistance

Join Sightline policy director Eric de Place tomorrow in Seattle for a forum on how to build power and resistance to the dirty energy industry in the age of Trump. Eric will explain why the Pacific Northwest has an important role to place in opposing dirty energy projects. It’s the story of the Thin Green Line: the Pacific Northwest will either become a speed bump on a fossil fuel highway to markets abroad or a wall of resistance that will chart a new course for climate protection.

This will be the first in a series of events hosted by 350 Seattle. In addition to understanding the vital importance that the Pacific Northwest will play in this fossil fuel fight, attendees will learn how to get involved in strategic non-violent direct action. Click here to learn more about the Pledge of Resistance, and add your name to the nearly 1,000 Washingtonians who have already taken the pledge.

Learn more about the Thin Green Line here.