Thursday, April 18, 2024

UN calls on Israel to end support of settler attacks on West Bank

Reuters
Tue, April 16, 2024 

FILE PHOTO: Mourners attend the funeral of Palestinian Yazan Ishtayeh who was killed in an Israeli raid, near Nablus


GENEVA (Reuters) - The United Nations human rights office on Tuesday called on Israel to halt its support of attacks by settlers in the occupied West Bank, which has seen an uptick of raids by Israel since the Hamas-led Oct. 7 attack.

The call came a day after Israeli settlers shot dead two Palestinians in the West Bank on Monday, after Israeli forces killed a Palestinian teenager during a military raid.

"Israel, as the occupying power, must take all measures in its power to restore, and ensure, as far as possible, public order and safety in the occupied West Bank," said Ravina Shamdasani, spokesperson for the U.N. High Commissioner for Human Rights.

"This obligation includes protecting Palestinians from settler attacks, and ending unlawful use of force against Palestinians by the Israeli Security Forces."

She added: "The Israeli Security Forces must immediately end their active participation in and support for settler attacks on Palestinians."

Violence in the West Bank was already on the rise before Israel's assault on Gaza, which was triggered by an Oct. 7 Hamas-led attack on southern Israel. It has escalated since, with stepped-up Israeli military raids, settler violence and Palestinian street attacks.

Shamdasani described the escalating violence in the West Bank as "a matter of grave concern."

In addition to more than 33,000 Palestinians killed by Israel in Gaza, according to Hamas-run authorities, the Palestinian Health Ministry says at least 466 people in the West Bank have been killed by Israeli forces or settlers.

(Reporting by Gabrielle Tétrault-Farber; editing by Jonathan Oatis)

U.N. commission accuses Israel of obstructing Oct. 7 probe


Reuters
Tue, April 16, 2024 

People walk past posters of hostages kidnapped in the October 7 attack by Hamas, in Tel Aviv

GENEVA (Reuters) - A U.N.-mandated commission of inquiry that probes violations of international human rights law on Tuesday accused Israel of obstructing its efforts to collect evidence from the victims of the attack by Hamas in southern Israel on Oct. 7.

"So far as the government of Israel is concerned, we have not only seen a lack of cooperation, but active obstruction of our efforts to receive evidence from Israeli witnesses and victims to the events that occurred in southern Israel," said Chris Sidoti, one of three members of a commission of inquiry into abuses committed in Israel and the occupied Palestinian territories.

"We have contact with many, but we would like to have contact with more."

Sidoti appealed to the government of Israel, as well as victims and witnesses of the attack, to aid the commission in conducting its probe.

In response to Sidoti's comments, the Israeli diplomatic mission in Geneva said it had been carrying out its own investigation into the crimes, and that representatives of the United Nations and other institutions had been to Israel and met with survivors and victims.

Victims would "never get any justice or the dignified treatment they deserve from the Commission of Inquiry and its members", it said, describing the commission as having "a track record of anti-Semitic and anti-Israel statements".

Israel began its campaign against Hamas after the Palestinian militant group attacked Israel on Oct. 7, killing 1,200 people and taking 253 hostages, according to Israeli tallies.

The U.N. commission of inquiry, set up in 2021 by the U.N. Human Rights Council in Geneva, is mandated to collect evidence and identify perpetrators of international crimes.

The evidence gathered by such U.N. bodies has formed the basis for war crimes prosecutions and the International Criminal Court.

Earlier this month, the Commission was mandated to probe two additional lines of inquiry: violent settlers and settler groups, and arms transfer to Israel. Those findings will be presented at the U.N. Human Rights Council in June next year.

(Reporting by Gabrielle Tétrault-Farber; Editing by)
Blinken Is Sitting On Staff Recommendations To Sanction Israeli Military Units Linked To Killings Or Rapes

Brett Murphy / ProPublica
Wed, April 17, 2024 

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

This story was originally published by ProPublica.


A special State Department panel recommended months ago that Secretary of State Antony Blinken disqualify multiple Israeli military and police units from receiving U.S. aid after reviewing allegations that they committed serious human rights abuses.

But Blinken has failed to act on the proposal in the face of growing international criticism of the Israeli military’s conduct in Gaza, according to current and former State Department officials.

The incidents under review mostly took place in the West Bank and occurred before Hamas’ Oct. 7 attack on Israel. They include reports of extrajudicial killings by the Israeli Border Police; an incident in which a battalion gagged, handcuffed and left an elderly Palestinian American man for dead; and an allegation that interrogators tortured and raped a teenager who had been accused of throwing rocks and Molotov cocktails.

Recommendations for action against Israeli units were sent to Blinken in December, according to one person familiar with the memo. “They’ve been sitting in his briefcase since then,” another official said.

A State Department spokesperson told ProPublica the agency takes its commitment to uphold U.S. human rights laws seriously. “This process is one that demands a careful and full review,” the spokesperson said, “and the department undergoes a fact-specific investigation applying the same standards and procedures regardless of the country in question.”The revelations about Blinken’s failure to act on the recommendations come at a delicate moment in U.S.-Israel relations. Six months into its war against Hamas, whose militants massacred 1,200 Israeli civilians and kidnapped 240 more on Oct. 7, the Israeli military has killed more than 33,000 Palestinians, according to local authorities. Recently, President Joe Biden has signaled increased frustration with Israeli Prime Minister Benjamin Netanyahu and the widespread civilian casualties.Multiple State Department officials who have worked on Israeli relations said that Blinken’s inaction has undermined Biden’s public criticism, sending a message to the Israelis that the administration was not willing to take serious steps.

The recommendations came from a special committee of State Department officials known as the Israel Leahy Vetting Forum. The panel, made up of Middle East and human rights experts, is named for former Sen. Patrick Leahy, D-Vt., the chief author of 1997 laws that requires the U.S. to cut off assistance to any foreign military or law enforcement units — from battalions of soldiers to police stations — that are credibly accused of flagrant human rights violations.

The Guardian reported this year that the State Department was reviewing several of the incidents but had not imposed sanctions because the U.S. government treats Israel with unusual deference. Officials told ProPublica that the panel ultimately recommended that the secretary of state take action.This story is drawn from interviews with present and former State Department officials as well as government documents and emails obtained by ProPublica. The officials spoke on the condition of anonymity in order to discuss internal deliberations.

The Israeli government did not respond to a request for comment.

Over the years, hundreds of foreign units, including from Mexico, Colombia and Cambodia, have been blocked from receiving any new aid. Officials say enforcing the Leahy Laws can be a strong deterrent against human rights abuses.Human rights organizations tracking Israel’s response to the Oct. 7 attacks have collected eyewitness testimony and videos posted by Israeli soldiers that point to widespread abuses in Gaza and the West Bank.“If we had been applying Leahy effectively in Israel like we do in other countries, maybe you wouldn’t have the IDF filming TikToks of their war crimes now because we have contributed to a culture of impunity,” said Josh Paul, a former director in the State Department’s Bureau of Political-Military Affairs and a member of the vetting forum. Paul resigned in protest shortly after Israel began its bombing campaign of Gaza in October.

The Leahy Laws apply to countries that receive American-funded training or arms. In the decades after the passage of those laws, the State Department, under both Democratic and Republican administrations, followed a de facto policy of exempting billions of dollars of foreign military financing to Israel from their strictures, according to multiple experts on the region.In 2020, Leahy and others in Congress passed a law to tighten the oversight. The State Department set up the vetting forum to identify Israeli security force units that shouldn’t be receiving American assistance. Until now, it has been paralyzed by its bureaucracy, failing to fulfill the hopes of its sponsors.Critics have long assailed what they view as Israel’s special treatment. Incidents that would have disqualified units in other countries did not have the same result in Israel, according to Charles Blaha, the former director of the State Department’s Office of Security and Human Rights and a former participant in the Israeli vetting forum. “There is no political will,” he said.

Typically, the reports of wrongdoing come from nongovernment organizations like Human Rights Watch or from press accounts. The State Department officials determining whether to recommend sanctions generally do not draw on the vast array of classified material gathered by America’s intelligence agencies.Actions against an Israeli unit are subject to additional layers of scrutiny. The forum is required to consult the government of Israel. Then, if the forum agrees that there is credible evidence of a human rights violation, the issue goes to more senior officials, including some of the department’s top diplomats who oversee the Middle East and arms transfers. Then the recommendations can be sent to the secretary of state for final approval, either with consensus or as split decisions.

Even if Blinken were to approve the sanctions, officials said, Israel could blunt their impact. One approach would be for the country to buy American arms with its own funds and give them to the units that had been sanctioned. Officials said the symbolism of calling out Israeli units for misconduct would nonetheless be potent, marking a sign of disapproval of the civilian toll the war is taking.Since it was formed in 2020, the forum has reviewed reports of multiple cases of rape and extrajudicial killings, according to the documents ProPublica obtained. Those cases also included several incidents where teenagers were reportedly beaten in custody before being released without charges. The State Department records obtained by ProPublica do not clearly indicate which cases the experts ultimately recommended for sanctions, and several have been tabled pending more information from the Israelis.

Israel generally argues it has addressed allegations of misconduct and human rights abuses through its own military discipline and legal systems. In some of the cases, the forum was satisfied that Israel had taken serious steps to punish the perpetrators.But officials agreed on a number of human rights violations, including some that the Israeli government had not appeared to adequately address.

Among the allegations reviewed by the committee was the January 2021 arrest of a 15-year old boy by Israeli Border Police. The teen was held for five days at the Al-Mascobiyya detention center on charges that he had thrown stones and Molotov cocktails at security forces. Citing an allegation shared by a Palestinian child welfare nonprofit, forum officials said there was credible information the teen had been forced to confess after he was “subjected to both physical and sexual torture, including rape by an object.”

Two days after the State Department asked the Israeli government for information about what steps it had taken to hold the perpetrators accountable, Israeli police raided the nonprofit that had originally shared the allegation and later designated it a terrorist organization.

The Israelis told State Department officials they had found no evidence of sexual assault or torture but reprimanded one of the teen’s interrogators for kicking a chair.

Do you have any information about American arms shipments to countries accused of human rights violations? Contact Brett Murphy at brett.murphy@propublica.org or by Signal at 508-523-5195.

Alex Mierjeski contributed reporting.
Evacuations blocked and staffing failures revealed by Maui wildfire report

Graig Graziosi
Wed, 17 April 2024

Four wildfires took the lives of 101 people and caused $6bn in damage

An investigation into the disastrous Maui wildfires has revealed numerous issues with emergency preparedness on the island and coordination issues both before and while the fire tore across the landscape.

On 8 August, 2023, four wildfires burned much of Maui, killing 101 people and causing $6bn in damages. Questions arose after the catastrophe as to what went wrong and how the widespread damage and loss of life caused by the fire could have been prevented.

The new investigation, an 84-page report produced by the Western Fire Chiefs Association, seeks to answer some of those questions.


The report found that some emergency responders with the Maui Fire Department used the WhatsApp messaging service to provide situational awareness updates, but noted that not everyone in the department used the app, CNN reports.

Investigators also found that evacuation routes on the island were blocked by obstacles and evacuation procedures were hindered by communication hurdles.

A lack of preparation also contributed to the chaos on the day the fires broke out; according to the report, after the National Weather Service issued a red flag warning, there was "minimal" pre-positioning of emergency responders and fire-fighting equipment to deal with potential wildfires.

While the report points out the operational errors made before and during the wildfires, it also notes recognises the "island's limited resources," acknowledging that responders were "extremely challenged by the scope and scale of the collective incidents."

“After conducting over 200 interviews and reviewing numerous data sets, it is clear that the four major wildfires pushed the (Maui Fire Department) to an unprecedented level of strain. Despite this, the collective actions by MFD and law enforcement saved many lives and property across the island,” the report states.

Investigators found that "nearly every staff member and vehicle resource" controlled by the fire department has been deployed to assist in fighting the wildfires.

"The emergency response system did not break but rather it found itself outmatched by the extreme weather and fire conditions," the report states. "Staff members endured shifts of 36 hours or more and risked their lives in a valiant effort to stop the spread of the fires and save lives.”

In addition to its findings, the report also provided 111 recommendations for preventing or mitigating future similar catastrophes.

Among those are recommendations for fire officials to work with local law enforcement and state officials to identify "key access routes" and to develop "contingency plans" for possible fire scenarios.

It also suggested that officials work with state emergency management to develop a multi-lingual emergency alert system to inform tourists — who are often transient on the island and who may not speak the same language — of wildfire threats.


Damaged property lies scattered in the aftermath of a wildfire in Lahaina (Copyright 2023 The Associated Press. All rights reserved)

The report noted that the Maui Fire Department was already making institutional changes — like a fleet replacement program to update its service vehicles — in response to the wildfires and commended the department for doing so.

“We commend MFD for their swift actions to address the issues identified in this AAR, rather than waiting for AAR recommendations," the report states.

While the report detailed the fire department's response, the question over what actually caused the Lahaina fire is still without an answer.

“That is still under investigation with the Bureau of Alcohol, Tobacco, Firearms and Explosives,” Maui Fire Department Chief Brad Ventura told reporters on Tuesday.

The report was released a day before Hawaii Attorney General Anne Lopez is expected to announce the first wave of findings from an investigation conducted by her office and the Fire Safety Research Institute, according to ABC News.

Ms Lopez's office said the report would analyse a 72-hour period that covered the start of the fires through the aftermath of the incident.
Drug shortages, now normal in UK, made worse by Brexit, report warns


Denis Campbell Health policy editor
THE GUARDIAN
Wed, 17 April 2024 

Brexit laid bare the fragility of the country’s medicines supply network, the report said.Photograph: Julien Behal/PA

Drug shortages are a “new normal” in the UK and are being exacerbated by Brexit, a report by the Nuffield Trust health thinktank has warned. A dramatic recent spike in the number of drugs that are unavailable has created serious problems for doctors, pharmacists, the NHS and patients, it found.

The number of warnings drug companies have issued about impending supply problems for certain products has more than doubled from 648 in 2020 to 1,634 last year.

Mark Dayan, the report’s lead author and the Nuffield Trust’s Brexit programme lead, said: “The rise in shortages of vital medicines from rare to commonplace has been a shocking development that few would have expected a decade ago.”


The UK has been struggling since last year with major shortages of drugs to treat ADHD, type 2 diabetes and epilepsy. Three ADHD drugs that were in short supply were meant to be back in normal circulation by the end of 2023 but remain hard to obtain.

Some medicine shortages are so serious that they are imperilling the health and even lives of patients with serious illnesses, pharmacy bosses warned.

Health charities have seen a sharp rise in calls from patients unable to obtain their usual medication. Nicola Swanborough, head of external affairs at the Epilepsy Society, said: “Our helpline has been inundated with calls from desperate people who are having to travel miles, often visiting multiple pharmacies to try and access their medication.”

Paul Rees, the chief executive of the National Pharmacy Association, which represents most of the UK’s 7,000 independently owned pharmacies, said: “Supply shortages are a real and present danger to those patients who rely on life-saving medicines for their wellbeing. Pharmacy teams have seen the problems get worse in this country over recent years, putting more patients at risk.

“Pharmacists … are spending hours a day hunting down stock, yet too often have to turn patients away. It’s distressing when pharmacy teams find themselves unable to provide a prompt medicines services, through no fault of their own.”

Global manufacturing problems linked to Covid, inflation, the war in Ukraine and global instability have helped cause the UK’s unprecedented inability to ensure patients can access drugs.

But Britain’s departure from the EU in 2020 has significantly aggravated the problem, laid bare the “fragility” of the country’s medicines supply networks and could lead to the situation worsening, the report said.

“A clear picture emerged of underlying fragilities at a global and UK level, not fundamentally rooted in Brexit but exacerbated by it in some specific ways, especially through some companies removing the UK from their supply chains,” it said.

The UK’s exit from the single market has disrupted the previously smooth supply of drugs, for example through the creation of a requirement for customs checks at the border, as has Britain’s decision to leave the EU’s European Medicines Agency and start approving drugs itself. The UK is now much slower than the EU at making new drugs available, the report found.

Post-Brexit red tape has prompted some firms to stop supplying to the UK altogether.

The fact that the fall in sterling’s value after the Brexit vote in 2016 coincided with drugs being in much shorter supply globally due to pharmaceutical firms experiencing shortages of ingredients, which drove up prices, has also played a key role in creating the shortages.

That has forced the Department of Health and Social Care (DHSC) to agree to pay above the usual price for drugs that are scarce to try to ensure continuity of supply far more often than it used to. “Price concessions” rose tenfold from about 20 a month before 2016 to 199 a month in late 2022, and cost the NHS in England £220m in 2022-23, the thinktank found.

The report is based on Freedom of Information requests to health bodies as well as interviews and a roundtable discussion with key figures in the drugs industry, senior DHSC civil servants and European health bodies.

It warned that Brexit had created “further risks … for the UK”. The Nuffield Trust said drug shortages could get worse because the EU’s 27 countries have recently decided to act as a unified bloc to try to minimise the impact of global scarcity, which could leave supplying Britain even less of a priority for drug companies.

Dr Andrew Hill, an expert in the drugs industry at Liverpool University, said: “With this background stress on global supplies, the UK is now more vulnerable to drug shortages. The UK is now stuck behind the US and Europe in the queue for essential drugs. Other countries offer high prices and easier access, with simpler regulations for supply.”

Ministers should agree to pay more for generic medicines, which are usually much cheaper than branded ones, to help tackle shortages, Hill added.

The Royal Pharmaceutical Society, which represents pharmacists, urged ministers to amend the law to allow community pharmacists to circumvent shortages by giving patients slightly different prescriptions, as their counterparts in hospitals already do.

“At present, if a liquid version of a medicine is available but tablets have been prescribed and are out of stock, the pharmacist cannot provide the liquid version,” said James Davies, the society’s director for England. “The patient has no choice but to return to the prescriber for a new prescription, which causes unnecessary workload for GPs and delay for the patient.”

DHSC said most drugs remained available. “Concessionary prices can arise for various reasons and cannot be linked to shortages,” a DHSC spokesperson said.

“Our priority is to ensure patients continue to get the treatments they need. There are around 14,000 licensed medicines and the overwhelming majority are in good supply.”
Internet data centers are fueling drive to old power source: Coal

Antonio Olivo
Wed, April 17, 2024 


Internet data centers are fueling drive to old power source: Coal

CHARLES TOWN, W.Va. - A helicopter hovers over the Gee family farm, the noisy rattle echoing inside their home in this rural part of West Virginia. It’s holding surveyors who are eyeing space for yet another power line next to the property - a line that will take electricity generated from coal plants in the state to address a drain on power driven by the world’s internet hub in Northern Virginia 35 miles away.

There, massive data centers with computers processing nearly 70 percent of global digital traffic are gobbling up electricity at a rate officials overseeing the power grid say is unsustainable unless two things happen: Several hundred miles of new transmission lines must be built, slicing through neighborhoods and farms in Virginia and three neighboring states. And antiquated coal-powered electricity plants that had been scheduled to go offline will need to keep running to fuel the increasing need for more power, undermining clean energy goals.

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“It’s not right,” said Mary Gee, whose property already abuts two power lines that serve as conduits for electricity flowing toward the biggest concentration of data centers - in Loudoun County, home to what’s known as Data Center Alley. “These power lines? They’re not for me and my family. I didn’t vote on this. And the data centers? That’s not in West Virginia. That’s a whole different state.”

The $5.2 billion effort has fueled a backlash against data centers through the region, prompting officials in Virginia to begin studying the deeper impacts of an industry they’ve long cultivated for the hundreds of millions of dollars in tax revenue it brings to their communities.

Critics say it will force residents near the coal plants to continue living with toxic pollution, ironically to help a state - Virginia - that has fully embraced clean energy. And utility ratepayers in the affected areas will be forced to pay for the plan in the form of higher bills, those critics say.

But PJM Interconnection, the regional grid operator, says the plan is necessary to maintain grid reliability amid a wave of fossil fuel plant closures in recent years, prompted by the nation’s transition to cleaner power.

Power lines will be built across four states in a $5.2 billion effort that, relying on coal plants that were meant to be shuttered, is designed to keep the electric grid from failing amid spiking energy demands.

Cutting through farms and neighborhoods, the plan converges on Northern Virginia, where a growing data center industry will need enough extra energy to power 6 million homes by 2030.

With not enough of those green energy facilities connected to the grid yet, enough coal and natural gas energy to power 32 million homes is expected to be lost by 2030 at a time when the demand from the growing data center industry, electric vehicles and other new technology is on the rise, PJM says.

“The system is in a major transition right now, and it’s going to continue to evolve,” Ken Seiler, PJM’s senior vice president in charge of planning, said in a December stakeholders’ meeting about the effort to buy time for green energy to catch up. “And we’ll look for opportunities to do everything we can to keep the lights on as it goes through this transition.”

A need for power

Data centers that house thousands of computer servers and the cooling equipment needed for them to run have been multiplying in Northern Virginia since the late 1990s, spreading from the industry’s historic base in Loudoun County to neighboring Prince William County and, recently, across the Potomac River into Maryland. There are nearly 300 data centers now in Virginia.

With Amazon Web Services pursuing a $35 billion data center expansion in Virginia, rural portions of the state are the industry’s newest target for development.

The growth means big revenue for the localities that host the football-field-size buildings. Loudoun collects $600 million in annual taxes on the computer equipment inside the buildings, making it easier to fund schools and other services. Prince William, the second-largest market, collects $400 million per year.

But data centers also consume massive amounts of energy.

One data center can require 50 times the electricity of a typical office building, according to the U.S. Department of Energy. Multiple-building data center complexes, which have become the norm, require as much as 14 to 20 times that amount.

The demand has strained utility companies, to the point where Dominion Energy in Virginia briefly warned in 2022 that it may not be able to keep up with the pace of the industry’s growth.

The utility - which has since accelerated plans for new power lines and substations to boost its electrical output - predicts that by 2035 the industry in Virginia will require 11,000 megawatts, nearly quadruple what it needed in 2022, or enough to power 8.8 million homes.

The smaller Northern Virginia Electric Cooperative recently told PJM that the more than 50 data centers it serves account for 59 percent of its energy demand. It expects to need to serve about 110 more data centers by July 2028.

Meanwhile, the amount of energy available is not growing quickly enough to meet that future demand. Coal plants have scaled down production or shut down altogether as the market transitions to green energy, hastened by laws in Maryland and Virginia mandating net-zero greenhouse gas emissions by 2045 and, for several other states in the region, by 2050.

Dominion is developing a 2,600-megawatt wind farm off Virginia Beach - the largest such project in U.S. waters - and the company recently gained state approval to build four solar projects.

But those projects won’t be ready in time to absorb the projected gap in available energy. Opponents of PJM’s plan say it wouldn’t be necessary if more green energy had been connected to the grid faster, pointing to projects that were caught up in bureaucratic delays for five years or longer before they were connected.

A PJM spokesperson said the organization has recently sped up its approval process and is encouraging utility companies and federal and state officials to better incorporate renewable energy.

About 40,000 megawatts of green energy projects have been cleared for construction but are not being built because of issues related to financing or siting, the PJM spokesperson said.

Once more renewable energy is available, some of the power lines being built to address the energy gap may no longer be needed as the coal plants ultimately shut down, clean energy advocates say - though utility companies contend the extra capacity brought by the lines will always be useful.

“Their planning is just about maintaining the status quo,” Tom Rutigliano, a senior advocate for clean energy at the Natural Resources Defense Council, said about PJM. “They do nothing proactive about really trying to get a handle on the future and get ready for it.”

‘Holding on tight’ to coal

The smoke from two coal plants near West Virginia’s border with Pennsylvania billows over the city of Morgantown, adding a brownish tint to the air.

Nearby sits the 502 Junction substation, connected to those plants and a third one about 43 miles away via existing power lines, which will serve as a terminus for a western prong of the PJM plan for new lines that will extend to another substation in Frederick, Md., then south into Northern Virginia.

The owner of one of the Morgantown-area plants, Longview LLC, recently emerged from bankruptcy. After a restructuring, the facility is fully functioning, utilizing a solar farm to supplement its coal energy output.

The other two plants belong to the Ohio-based FirstEnergy Corp. utility, which had plans to significantly scale down operations there to meet a company goal of reducing its greenhouse gas emissions by nearly a third over the next six years.

The FirstEnergy plants have been equipped with carbon-capturing technology but they’re still among the state’s worst polluters, said Jim Kotcon, a West Virginia University plant pathology professor who oversees conservation efforts at the Sierra Club’s West Virginia chapter.

The Harrison plant pumped out a combined 12 million tons of coal pollutants like sulfur and nitrous oxides in 2023, more than any other fossil fuel plant in the state, according to Environmental Protection Agency data. The Fort Martin plant, which has been operating since the late 1960s, emitted the state’s highest levels of nitrous oxides in 2023, at 5,240 tons.

After PJM tapped the company to build a 36-mile-long portion of the planned power lines for $392 million, FirstEnergy announced in February that the two plants will continue operating until 2035 and 2040, citing the need for grid reliability.

The news has sent FirstEnergy’s stock price up by 4 percent, to about $37 a share this week, and was greeted with jubilation by West Virginia’s coal industry.

“We welcome this, without question, because it will increase the life of these plants and hundreds of thousands of mining jobs,” said Chris Hamilton, president of the West Virginia Coal Association. “We’re holding on tight to our coal plants.”

Since 2008, annual coal production in West Virginia has dipped by nearly half, to about 82 million tons, though the industry - which contributes about $5.5 billion to the state’s economy - has rebounded some due to an export market to Europe and Asia, Hamilton said.

Hamilton said his association will lobby hard for FirstEnergy’s portion of the PJM plan to gain state approval. The company said it will submit its application for its power line routes in mid-2025.

More than 200 miles to the east in Maryland, environmental groups and ratepayer advocates are fighting an effort by PJM to extend the life of two more coal plants - Brandon Shores and Herbert A. Wagner - just outside of Baltimore, which were slated to close by June 2025.

PJM asked the plants’ owner, Texas-based Talen Energy Corp., to keep them running through 2028 - with the yet-to-be determined cost of doing so passed on to ratepayers.

That would mean amending a 2018 federal court consent decree, in which Talen agreed to stop burning coal to settle a lawsuit brought by the Sierra Club over Clean Water Act violations. The Sierra Club has rejected PJM’s calls to do so.

“We need a proactive plan that is consistent with the state’s clean energy goals,” said Josh Tulkin, director of the Sierra Club’s Maryland chapter, which has proposed an alternative plan to build a battery storage facility at the Brandon Shores site that would cut the time needed for the plants to operate.

A PJM spokesperson said the organization believes that such a facility wouldn’t provide enough reliable power and is not ruling out seeking a federal emergency order to keep the coal plants running.

With the matter still unresolved, nearby residents say they are anxious to see them closed.

“It’s been really challenging,” said John Garofolo, who lives in the Stoney Beach neighborhood community of townhouses and condominiums, where coal dust drifts into the neighborhood pool when the facilities are running. “We’re concerned about the air we’re breathing here.”

Sounding alarms

Keryn Newman, a Charles Town activist, has been sounding alarms in the small neighborhoods and farm communities along the path of the proposed power lines in West Virginia.

Newman, who in the late 2000s waged a successful campaign to stop a plan for a 765-kilovolt line extending through the area into Maryland before the data center boom, sees the battle in terms of the more affordable, quieter lifestyle she and her neighbors cherish.

Because FirstEnergy prohibits any structure from interfering with a power line, building a new line along the right of way - which would be expanded to make room for the third line - would mean altering the character of residents’ properties, Newman said.

“It gobbles up space for play equipment for your kid, a pool or a barn,” she said. “And a well or septic system can’t be in the right of way.”

A FirstEnergy spokesperson said the company would compensate property owners for any land needed, with eminent domain proceedings a last resort if those property owners are unwilling to sell.

Some have accepted that more power lines will come through and seem open to selling to FirstEnergy and moving away.

Pam and Gary Gearhart fought alongside Newman against the defeated 765-kilovolt line, which would have forced them to move a septic system near FirstEnergy’s easement. But when Newman showed up recently to their Harpers Ferry-area neighborhood to discuss the new PJM plan, the couple appeared unwilling to fight again.

Next door, another family had already decided to leave, the couple said, and was in the midst of loading furniture into a truck when Newman showed up.

“They’re just going to keep okaying data centers; there’s money in those things,” Pam Gearhart said about local governments in Virginia benefiting from the tax revenue. “Until they run out of land down there.”

In Loudoun County, where the data center industry’s encroachment into neighborhoods has fostered resentment, community groups are fighting a portion of the PJM plan that would build power lines through the mostly rural communities of western Loudoun.

The lines would damage the views offered by surrounding wineries and farms that contribute to Loudoun’s $4 billion tourism industry, those groups say.

Bill Hatch owns a winery that sits near the path of where PJM suggested one high-voltage line could go, though that route is still under review.

“This is going to be a scar for a long time,” Hatch said.

Reconsidering the benefits

Amid the backlash, local and state officials are reconsidering the data center industry’s benefits.

The Virginia General Assembly has launched a study that, among other things, will look at how the industry’s growth may affect energy resources and utility rates for state residents.

But that study has held up efforts to regulate the industry sooner, frustrating activists.

“We should not be subsidizing this industry for another minute, let alone another year,” Julie Bolthouse, director of land use at the Piedmont Environmental Council, chided a Senate committee that voted in February to table a bill that would force data center companies to pay more for new transmission lines.

Loudoun is moving to restrict where in the county data centers can be built. Up until recently, data centers have been allowed to be built without special approvals wherever office buildings are allowed.

“They’re great neighbors, great taxes, all that sort of thing,” Phyllis Randall (D), chair of the county board, said about the industry before a February vote to set that plan in motion. “But somehow, someway, it started to get away from us.”

But such action will do little to stem the worries of people like Mary and Richard Gee.

As it is, the two lines near their property produce an electromagnetic field strong enough to charge a garden fence with a light current of electricity, the couple said. When helicopters show up to survey the land for a third line, the family’s dog, Peaches, who is prone to seizures, goes into a barking frenzy.

An artist who focuses on natural landscapes, Mary Gee planned to convert the barn that sits in the shadow of a power line tower to a studio. That now seems unlikely, she said.

Lately, her paintings have reflected her frustration. One picture shows birds with beaks wrapped shut by transmission line. Another has a colorful scene of the rural Charles Town area severed by a smoky black and gray landscape of steel towers and a coal plant.

“It feels like harassment,” Gee said. “But there’s no one we can call for help.”

Graphics:

https://washingtonpost.com/documents/3e1b4521-2984-404b-97f5-6ce9866d08ea.pdf

https://washingtonpost.com/documents/9eb939fc-e47b-46c4-97a4-719648055a26.pdf

https://washingtonpost.com/documents/8bc5764c-5441-4ffb-aac6-6e5382ce0d24.pdf

U$A
Red state coal towns still power the West Coast. We can't just let them die


Sammy Roth
 Los Angeles Times
Tue, April 16, 2024 

The Colstrip coal plant lights up the night, generating power mostly for Oregon and Washington. 


LONG READ


In the early mornng light, it's easy to mistake the towering gray mounds for an odd-looking mountain range — pale and dull and devoid of life, some pine trees and shrublands in the foreground with lazy blue skies extending up beyond the peaks.

But the mounds aren't mountains.

They're enormous piles of dirt, torn from the ground by crane-like machines called draglines to open paths to the rich coal seams beneath. And even though we're in rural southeastern Montana, more than 800 miles from the Pacific Ocean, West Coast cities are largely to blame for the destruction of this landscape.


Workers at the Rosebud Mine load coal onto a conveyor belt, which carries the planet-wrecking fuel to a power plant in the small town next door. Plant operators in Colstrip burn the coal to produce electricity, much of which is shipped by power line to homes and businesses in the Portland and Seattle areas. It's been that way for decades.

"The West Coast markets are what created this," Anne Hedges says, as we watch a dragline move dirt.


An aerial view of the coal mine outside Colstrip that feeds the town's power plant. 

She sounds frustrated, and with good reason.

Hedges and her fellow Montana environmentalists were happy when Oregon and Washington passed laws requiring 100% clean energy in the next two decades. But they're furious that electric utilities in those states are planning to stick with coal for as long as the laws allow, and in some cases making deals to give away their Colstrip shares to co-owners who seem determined to keep the plant running long into the future.

"Coal is not dead yet," Hedges says. "It's still alive and well."

That's an uncomfortable reality for West Coasters critical of red-state environmental policies but not in the habit of urging their politicians to work across state lines to change them — especially when doing so might involve compromise with Republicans.

One example: California lawmakers have refused to pass bills that would make it easier to share clean electricity across the West, passing up the chance to spur renewable energy development in windy red states such as Montana and Wyoming — and to show them it's possible to create construction jobs and tax revenues with renewable energy, not just fossil fuels.

Instead, California has prioritized in-state wind and solar farms, bowing to the will of labor unions that want those jobs.

It's hard to blame Golden State politicians, and voters, for taking the easy path.

But global warming is a global problem — and whether we like it or not, the electric grid is a giant, interconnected machine. Coal plants in conservative states help fuel the ever-deadlier heat waves, fires and storms battering California and other progressive bastions. The electrons generated by those plants flow into a network of wires that keep the lights on across the American West.

Also important: Montana and other sparsely populated conservative states control two U.S. Senate seats each, and at least three electoral votes apiece in presidential elections. Additional federal support for clean energy rests partly in their hands.

Those are the practical considerations. Then there are the ethical ones.

For years, the West's biggest cities exported their emissions, building distant coal generators to fuel their explosive growth. Los Angeles looked to Delta, Utah. Phoenix turned to the Navajo Nation. Albuquerque turned to the Four Corners region.

That wave of coal plants — some still standing, some demolished — created well-paying jobs, lots of tax payments and a thriving way of life for rural towns and Native American tribes. All are now struggling to map out a future without fossil fuels.


Mule deer roam through the town of Colstrip, not far from the power plant.

What do big cities owe those towns and tribes for producing our power and living with our air and water pollution? Can we get climate change under control without putting them out of business? What's their role in the clean energy transition?

If they refuse to join the transition, how should we respond?

A team of Los Angeles Times journalists spent a week in Montana trying to answer those questions.

We explored the town of Colstrip, hearing from residents about how the coal plant and mine have made their prosperous lives possible. We talked with environmental activists who detailed the damage coal has caused, and with a fourth-generation rancher whose father fought in vain to stop the power plant from getting built — and wrote poems about his struggle.

Coal is going to die, sooner or later. For the sake of myself and other young people, I hope it's sooner.

And for the sake of places like Colstrip, I hope it's the beginning of a new chapter, not the end of the story.


Coal pays the bills. For now

For a community of 2,000 people, Colstrip doesn't lack for nice things.

The city is home to 32 public parks and a gorgeous community center, complete with child care, gym, spin classes, tanning booth and water slide. The spacious health clinic employs three nurses and two physical therapists, with a doctor coming to visit once a week. There's an artificial lake filled with Yellowstone River water and circled by a three-mile walking and biking trail.

Everybody knows where the good fortune comes from.

The high school pays homage to the source of Colstrip's wealth with the hashtag #MTCOAL emblazoned on the basketball court's sparkling floor. A sign over the entrance to campus celebrates the town's 2023 centennial: "100 Years of Colstrip. Powered by Coal, Strengthened by People."

"We have nothing to hide," Jim Atchison tells me. "We just hope that you give us a fair shake."


Jim Atchison steps out of his office in Colstrip. 

I couldn't have asked for a better tour guide than Atchison, who for 22 years has lived in Colstrip and led the Southeast Montana Economic Development Corp. He's soft-spoken and meticulous, with a detailed itinerary for our day and a less ironclad allegiance to coal than many of the locals we'll meet.

They include Bill Neumiller, a former environmental engineer at the power plant. We start our day with him, watching the sun rise over the smokestacks across the lake. He moved to Colstrip 40 years ago, when the coal plant was being built. He enjoys fishing in the well-stocked lake and teaching kids about its history, in his role as president of the parks district.

The plant, he says, pays the vast majority of the city's property taxes.

"It's been a great place to raise a family," he says.

So many people have similar stories — the general manager of a local electrical contractor, the administrator of the health clinic. I especially enjoy chatting with Amber and Gary Ramsey, who have run a Subway sandwich shop here for 30 years.

"It takes us two to three hours to get through the grocery store, because you know everybody," Gary says.

He didn't plan to spend his life here. Sitting at a table at Subway, he tells us he grew up in South Dakota and went to college in North Dakota before taking a job teaching math and coaching wrestling in Colstrip. He planned to stay for a year or two.

Then he met Amber, who was working part-time as a bartender and doing payroll at the coal plant.

"Forty years later, I'm still here," he says. "We raised our kids here."


The power plant's smokestacks are visible from miles away in the town of Colstrip. 


John Williams was one of the first Montana Power Co. employees to move to Colstrip, as planning for the plant's construction got started. Today he's the mayor. He's well-versed in local history, from the first coal mining in the 1920s — which supplied railroads that later switched to diesel — to the economic revitalization when the Portland and Seattle areas came calling.

Unlike many of the other Colstrip lifers who share their stories, several of Williams' kids have left town. But one of his sons lives in a part of Washington where some of the electricity comes from Colstrip. Same for another son who lives in Idaho.

It's hard for Williams to imagine a viable future for his home without the power plant.

"I believe they are intimately tied together," he says.

And what about climate change, I ask?

Nearly everyone in Colstrip has a version of the same answer: Even if it's real, it's not nearly as bad as liberals claim. And without coal power, blackouts will reign. West Coast city-dwellers don't understand how badly they need us here in Montana.

Atchison is an exception.

Yes, he's dubious about climate science. And yes, he wants to save the mine and power plant. His office is plastered with pro-coal messages — a sign that says, "Coal Pays the Bills," a magnet reading, "Prove you're against coal mining: Turn off your electricity."

But he knows the market for coal is shrinking as the nation's most populous cities and most profitable companies increasingly demand climate-friendly energy. So he's preparing for a future in which Colstrip has no choice but to start providing it.

"We have one horse in the barn now," Atchison says. "We need to add two or three more horses to the barn."


A conveyor belts carries coal from the Rosebud Mine to the Colstrip power plant. 

Ever since President Obama started trying to tighten regulations on coal power, Atchison has been developing and implementing an economic diversification strategy for Colstrip. It involves expanding broadband capacity, building a business innovation center and broadening the local energy economy beyond coal. The transmission lines connecting Colstrip with the Pacific Northwest are an especially valuable asset, capable of sending huge amounts of clean electricity to the Pacific coast.

"Colstrip is evolving from a coal community into an energy community," Atchison says. "We're changing. We're not closing."

Already, Montana's biggest wind farm is shipping electricity west via the Colstrip lines. A Houston company is planning another power line that would run from Colstrip to North Dakota. Federal researchers are studying whether Colstrip's coal units could be replaced with advanced nuclear reactors, or with a gas-fired power plant capable of capturing and storing its climate pollution.

West Coast voters and politicians could speed up the evolution, for Colstrip and other coal towns. Instead of just congratulating themselves for getting out of coal, they could fund training programs and invest in clean energy projects in those towns.

They'll never fully replace the ample jobs, salaries and tax revenues currently provided by coal. But nothing lasts forever. One hundred years is a pretty good run.


Some inconvenient truths


"Great God, how we're doin'! We're rolling in dough,

As they tear and they ravage The Earth.

And nobody knows...or nobody cares...

About things of intrinsic worth."

—Wally McRae, "Things of Intrinsic Worth" (1989)

Growing up outside Colstrip in the 1970s could lead to strange moments for Clint McRae, the son of a cowboy poet.

He was a teenager then, and Montana Power Co. was working to build public support for Units 3 and 4 of the coal plant. One day his eighth-grade teacher instructed everyone who supported the new coal-fired generators to stand on one side of the classroom. Everyone opposed should stand on the other side.

McRae was the only student opposed.

"And then [the teacher] gave a lecture about how important the construction of these plants was and handed out bumper stickers that said, 'Support Colstrip Units 3 and 4,'" McRae tells me, shaking his head. "It was terribly uncomfortable."


Rancher Clint McRae was raised outside Colstrip and has followed in his father's footsteps. 

Later, his mom was doing laundry and found a pro-coal bumper sticker in his pants pocket. She showed it to his cattle rancher father, Wally, "and I guess he went over there [to the school] and kicked ass and took names," McRae says with a laugh.

Fifty years later, he's carrying on his dad's legacy.

We spend a morning in the Colstrip area on McRae's sprawling ranch, admiring sandstone rock formations and herds of black angus cows. The scenery is harsh but elegant, rolling hills and pale green grasses and pink-streaked horizon lines.

"This country has a sharp edge to it," McRae says, quoting a photographer who visited the property years ago.

The land has been in his family since the 1880s, when his great-grandfather immigrated from Scotland. He hopes his youngest daughter — who recently moved back home with her husband — will be the fifth generation to raise cattle here.

"And we just had a grandchild seven months ago, and she's the sixth," he says.


Rancher Clint McRae contemplates the environmental threats facing his family's land. 

McRae wears a cowboy hat and drives a pickup truck. He tells me right away that he's "not the kind of person who participates in government programs unless I absolutely have to." He's certainly got no qualms about making a living selling beef.

But McRae and his forebears defy stereotypes.

His father, Wally, not only raised cows but was also a celebrated poet, appointed by President Clinton to the National Council on the Arts. In the 1970s, he joined with other ranchers to help found Northern Plains Resource Council, an advocacy group. They were moved to act by a utility industry plan for nearly two dozen coal plants between Colstrip and Gillette, Wyo.

"I and others like me will not allow our land to be destroyed merely because it is convenient for the coal company to tear it up," Wally McRae said, as quoted in a 50th-anniversary book published by Northern Plains.

Now in his late 80s and retired from the ranch, Wally's got every reason to be proud of his son.

Clint has fought to limit pollution from the coal plant his dad couldn't stop — and to ensure the cleanup of dangerous chemicals already emitted by the plant and mine. He's written articles calling for stronger regulation of coal waste, and slamming laws that critics say would let coal companies pollute water with impunity. Like his father, he's a member of Northern Plains.

McRae wants me to know that even though he and his dad "damn sure have a difference of opinion" with many of the people who live in town, "it was never personal." The coal-plant employees are friends of his. He doesn't want them to lose their jobs.

"Our kids went to school together, played sports together," he says.

Rancher Clint McRae opens a gate on his family's land outside Colstrip.

But even though McRae believes "we can have it both ways" — coal generation coupled with environmental protection — he's not optimistic. And history suggests he's right to be skeptical. Various analyses have found rampant groundwater contamination from coal plants, including Colstrip. Air pollution is another deadly concern. A peer-reviewed study last year estimated that fine-particle emissions from coal plants killed 460,000 Americans between 1999 and 2020.

Then there's the climate crisis.

McRae doesn't want to talk about global warming — "that's not my bag," he says. But he's seen firsthand what it can look like.

In August 2021, the Richard Spring fire tore across 171,000 acres, devastating much of his ranch and nearly torching both of his family's houses. He was on the front lines of the fast-moving blaze as part of the local volunteer firefighting crew. Temperatures topped 100 degrees, adding to the strain of dry conditions and fierce winds. McRae had never seen anything like it.

Two and a half years later, he's still building back up his cattle numbers and letting the grass regrow.

"It burned all of our hay. It was awful," he says.

McRae has a strong sense of history. As we drive toward the Tongue River, which forms a boundary of his ranch, he points out where members of the Arapaho, Lakota Sioux and Northern Cheyenne tribes camped before the Battle of the Little Bighorn in 1876, a few years ahead of his great-grandfather's arrival in Montana. A few minutes later he stops to show off a series of tipi rings — artifacts of Indigenous life that he's promised local tribes he'll protect.

McRae is acutely aware that this wasn't always ranchland — and that it probably won't be forever.

"It's gonna change," he says. "Whether we embrace it or not."

The wind and the water


Sturgeon. Bubbles. Salamander. Jimmy Neutron.

Those are "call signs" for some of the 13 employees at the Clearwater wind farm, where 131 turbines are spread across 94 square miles of Montana ranchland a few hours north of Colstrip. The nicknames are scrawled on a whiteboard in the trailer office.

Raptor. Goose. Sandman.

Clearly, they have fun here. And it's an industry where you can make good money.


Turbines spin at sundown at NextEra Energy's Clearwater wind farm, which sends power from Montana to Oregon and Washington.

Clearwater's operator, Florida-based NextEra Energy, won't disclose a salary range. But as of 2022, the median annual wage for a U.S. wind turbine technician working in electric power was $59,890, compared with $46,310 for all occupations nationally.

"If someone wants to stay close to home and still have a good career, we provide them that opportunity," Alex Vineyard says.

Vineyard lives in nearby Miles City and manages Clearwater for NextEra, America's largest renewable energy company. Clad in a hard hat, sweater vest and orange work gloves, he drives to a nearby turbine and walks up a staircase to show us the machinery inside. The tower is 374 feet high, meaning the tips of the blades reach 582 feet into the air.

Not far from here, hundreds of construction laborers are finishing the next two phases of the Clearwater project.


Alex Vineyard manages the Clearwater wind farm for NextEra, America's largest renewable energy company.

"You can see where we build wind sites. It's not downtown L.A.," Vineyard says, the sunset casting a brilliant orange glow behind him. "Generally it's rural areas — and there are limited opportunities for kids in those areas. Not a lot of great careers."

Wind will never replace coal. The construction jobs are temporary, the permanent jobs far fewer.

But they're better than nothing. A lot better.

As much as West Coast megacities owe it to coal towns like Colstrip to bring them along for the clean energy ride, coal towns like Colstrip owe it to themselves to take what they can get — and not let stubbornness or politics condemn them to oblivion.

Fortunately, they've got the power grid on their side.

In today's highly regulated, thoroughly litigated world, long-distance power lines are incredibly hard to build. They can take years if not decades to secure all the necessary approvals — if they can get those approvals at all. As a result, wind and solar developers prize existing transmission lines, like those built to carry power from Colstrip and other coal plants to big cities.

The Clearwater wind farm offers a telling case study.

Two of Colstrip's four coal units shut down in 2020 due to poor economics, opening up precious space on the plant's power lines. That open space made it easier for NextEra to sign contracts to sell hundreds of megawatts of wind power to two of Colstrip's co-owners, Portland General Electric and Puget Sound Energy — and thus get Clearwater built.


An electrical substation flanks the Colstrip power plant. 

Montana wind is especially useful for Oregon and Washington because it blows strongest during winter, when those states need lots of energy to stay warm. On that front, Clearwater has been a huge success. During its first winter, it had a capacity factor of 60%, meaning it produced 60% of all the power it could possibly produce, if there were enough wind 24/7.

Sixty percent is a lot — "like a home run," Puget Sound Energy executive Ron Roberts says.

He and his colleagues want more. Puget Sound plans to build more Montana wind turbines to serve its Washington customers — again taking advantage of the Colstrip power lines.

West Coast states need to keep investing in exactly this type of project if they hope to persuade their conservative neighbors to stop fighting to save coal. The more they can bring the benefits of wind and solar power to the rest of the West, the better.

And what about those low-wind, cloudy days when wind turbines and solar panels aren't enough to avoid blackouts?

Carl Borgquist has a plan for that.

I meet up with him near Gordon Butte — a flat-topped landmass that juts up 1,025 feet from the floor of Montana's Musselshell River valley, four hours west of Colstrip but just over five miles from the coal plant's power lines. There are already wind turbines atop the butte, built by the landowning Galt family with Borgquist's help.

Borgquist assures me as we drive to the top that I'll soon understand why this steep butte is perfect for energy storage.

"It will intuitively make sense, the elegance and simplicity of gravity as a storage medium," he says.


Carl Borgquist admires the views from atop Gordon Butte, where he's got plans for a pumped storage project to augment Montana wind power. 


There will be two reservoirs — one up on the butte, another 1,000 feet below. They'll be filled with water from a nearby creek.

During times of day when there's extra power on the Western electric grid — maybe temperatures are moderate in Portland and Seattle, but Montana winds are blowing strong — the Gordon Butte project will use that extra juice to pump water uphill, from the lower reservoir to the upper reservoir. During times of day when the grid needs more power — maybe there's a record heat wave, and not enough wind to go around — Gordon Butte will let water flow downhill, generating electricity.

It's called pumped storage, and it's not a new concept. But compared with other proposals across the parched West, this one is almost miraculously noncontroversial. No environmentalists making hay over water use. No nearby residents crying foul.

Borgquist still needs to sign up a utility customer, or he would have already flipped Gordon Butte to a developer better suited to build the $1.5-billion project, which will employ 300 to 500 people during construction. But Borgquist is confident that before too long, one or two of the Pacific Northwest electric utilities preparing to ditch Colstrip will see the light.

"I've been waiting for the market to catch up to me," he says.

Let's hope it catches up soon. Because even though pumped storage won't keep us heated and cooled and well-lit every hour of every day, neither will wind, or solar, or batteries, or anything else. No one technology will solve all our climate problems.

The sooner we learn that lesson, the sooner we can move on to the hard part.


The Colstrip power lines run near Gordon Butte, carrying coal-fired electricity — and increasingly wind energy — from Montana to Oregon and Washington.


The art of the deal


I find myself wandering the halls of the state Capitol in Helena. Christmas is a few weeks away, and there's a spectacular tree beneath the massive dome, flanked by murals of white settlers and Indigenous Americans.

On a whim, I step into Gov. Greg Gianforte's office and ask if he's in. Gianforte has fought to keep the Colstrip plant open, and I want to ask him about it. I'm also curious to meet a man who easily won election despite having assaulted a journalist.

One of his representatives takes down my contact info. I never get an interview.

Despite the state's deep-red turn in recent years, Montanans have a history of environmental consciousness, owing to their love of fishing, hunting and the great outdoors (as seen in the film "A River Runs Through It"). They approved a new state constitution in 1972 that enshrined the right to a "clean and healthful environment in Montana for present and future generations."

To the frustration of Gianforte and his supporters, that right may include a stable climate.

This time last year, a Montana judge revoked the permit for a gas-fired power plant being built by the state's largest electric utility, NorthWestern Energy, along the banks of the Yellowstone River. The judge ruled that the state agency charged with approving the gas plant had failed to consider how the facility's heat-trapping carbon emissions would contribute to the climate crisis.


NorthWestern Energy says this gas-fired power plant on the Yellowstone River is needed to help keep the lights on for homes and businesses. 

Legislators responded by rushing to pass a law that barred state agencies from considering climate impacts.

The Yellowstone River gas plant moved forward, but the law didn't last long. A few months after it passed, another judge ruled in favor of 16 young people suing the state over global warming, agreeing that the legislation violated their constitutional right to a clean and healthful environment.

"This is such a solvable problem," says Hedges, the Montana environmentalist critical of coal mining. "It's just that nobody wants to solve it."

Hedges is a leader of the Montana Environmental Information Center, where she's spent three decades battling for clean air, clean water and a healthy climate. It was her advocacy group, along with the Sierra Club, that sued Montana over the state's approval of the Yellowstone River gas plant, setting off the chain of increasingly consequential court rulings.

But as mad as she is at Gianforte — and at the local utility company executives who insist they need coal to keep the lights on in Montana — Hedges is at her most caustic when discussing the Pacific Northwest environmentalists who, in her view, have failed to do everything they can to get the Colstrip power plant shut down.

That includes the Sierra Club, which, Hedges says, has shifted its focus too quickly from shutting down coal plants to blocking the construction of new gas plants — even in places such as Montana, where coal, the dirtiest fossil fuel, isn't dead yet.

Hedges' frustration also includes the Washington state lawmakers who passed a much-lauded bill, signed by Gov. Jay Inslee, requiring electric utilities to stop buying coal power by 2025 — only to sit idly by as some of those utilities then made arrangements to give away their shares in the Colstrip plant to coal-friendly co-owners rather than negotiate agreements to shut the coal units.

"So they're not actually decreasing carbon dioxide emissions even a little tiny bit. They are allowing this plant to continue, instead of using their vote to close this source of pollution. It's maddening," Hedges says.


A lone tumbleweed blows through piles of coal at the Rosebud Mine outside Colstrip, a few miles from the power plant. Coal is prepped for transport at the mine. Coal is transferred to a truck at the mine. 

Washington officials say they tried to get Colstrip shut down but were stymied by the plant's complicated six-company ownership structure, and by the Montana Legislature's staunch support for coal. Sierra Club activists, meanwhile, say they're still pushing for Colstrip's closure, and for coal shutdowns across the country — even as they also oppose the construction of gas plants.

"From a climate perspective, gas is just as bad as coal," says Laurie Williams, director of the Sierra Club's Beyond Coal campaign.

To avoid a future of ever-more-dangerous fires, floods and heat, we need to ditch both fossil fuels — fast.

This is the hard part. This is the part that will require compromise — for conservatives who believe anything smacking of climate change is woke liberal propaganda, and for liberals who want nothing to do with conservatives spouting that belief.

So how do we do it? How do we stop clashing and start cooperating?

First off, West Coasters need to engage in good faith with the people who have supplied their power for decades — and strike deals that might persuade those red staters to move on from coal. Deals like building more wind farms in Montana and not as many back home, even if that means fewer union jobs and lower tax revenues for California, Oregon and Washington.

It's great that the coastal states are targeting 100% clean energy, but it's not enough. They must bring the rest of the West along for the ride, or it won't matter. Every solar farm in California is undermined by every ton of coal burned at Colstrip.

The lesson for folks who live in Colstrip and other Western coal towns, might be even more difficult to swallow.

L.A. and Phoenix and Portland have funded your comfortable lifestyles a long time. Now they want something different.


If Colstrip wants to stick around, it needs to start offering something different.


Climate activist Anne Hedges stands in a public park near the Colstrip power plant. 


It's easy to see why that's a scary prospect. After we finish exploring the coal mine with Hedges, we drive into town and stop at one of the immaculately maintained public parks. The power plant's two active smokestacks aren't far, looming 692 feet over a swing set and red-and-blue bench with the letters "USA" carved into the backing.

"The climate doesn't care who owns the power plant," Hedges says, as steam and carbon and soot spew from the stacks.

The climate won't care any more when Houston-based Talen Energy — which operates the plant, and which didn't respond to requests for a tour or interview — becomes the facility's largest owner next year, acquiring Puget Sound Energy's shares.

Our ability to solve this problem doesn't depend on which company is profiting off all that coal.

What it does depend on is our willingness to make hard choices, ranchers and miners and activists setting aside their differences and writing the West's next chapter together, rather than fighting so long and so hard that the tale ends badly for everyone.

Change is scary. But it's inevitable. Cowboy poet Wally McRae learned that the hard way.

Maybe 50 years from now, his great-grandchildren will wax poetic about the beauty of Colstrip without coal.

The early-morning sky glows red over the town of Colstrip. 

(PHOTOS: Robert Gauthier / Los Angeles Times)

This story originally appeared in Los Angeles Times.
US Supreme Court makes it easier to sue for job discrimination over forced transfers

MARK SHERMAN
Updated Wed, April 17, 2024

WASHINGTON (AP) — The Supreme Court on Wednesday made it easier for workers who are transferred from one job to another against their will to pursue job discrimination claims under federal civil rights law, even when they are not demoted or docked pay.

Workers only have to show that the transfer resulted in some, but not necessarily significant, harm to prove their claims, Justice Elena Kagan wrote for the court.


The justices unanimously revived a sex discrimination lawsuit filed by a St. Louis police sergeant after she was forcibly transferred, but retained her rank and pay.

Sgt. Jaytonya Muldrow had worked for nine years in a plainclothes position in the department's intelligence division before a new commander reassigned her to a uniformed position in which she supervised patrol officers. The new commander wanted a male officer in the intelligence job and sometimes called Muldrow “Mrs.” instead of “sergeant,” Kagan wrote.

Muldrow sued under Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination on the basis of race, sex, religion and national origin. Lower courts had dismissed Muldrow's claim, concluding that she had not suffered a significant job disadvantage.

“Today, we disapprove that approach,” Kagan wrote. “Although an employee must show some harm from a forced transfer to prevail in a Title VII suit, she need not show that the injury satisfies a significance test.”

Kagan noted that many cases will come out differently under the lower bar the Supreme Court adopted Wednesday. She pointed to cases in which people lost discrimination suits, including those of an engineer whose new job site was a 14-by-22-foot wind tunnel, a shipping worker reassigned to exclusively nighttime work and a school principal who was forced into a new administrative role that was not based in a school.

Although the outcome was unanimous, Justices Samuel Alito, Brett Kavanaugh and Clarence Thomas each wrote separate opinions noting some level of disagreement with the majority's rationale in ruling for Muldrow.

Madeline Meth, a lawyer for Muldrow, said her client will be thrilled with the outcome. Meth, who teaches at Boston University's law school, said the decision is a big win for workers because the court made "clear that employers can’t decide the who, what, when, where and why of a job based on race and gender.”

The decision revives Muldrow's lawsuit, which now returns to lower courts. Muldrow contends that, because of sex discrimination, she was moved to a less prestigious job, which was primarily administrative and often required weekend work, and she lost her take-home city car.

“If those allegations are proved,” Kagan wrote, “she was left worse off several times over.”

The case is Muldrow v. St.Louis, 22-193.

___

Associated Press writer Alexandra Olson contributed to this article from New York.

Leafhopper Swarms Threaten Argentina Crops and Economic Recovery



Jonathan Gilbert
Wed, Apr 17, 2024


(Bloomberg) -- Argentina corn farmers had high hopes for this season’s harvest after near-perfect weather conditions ended years of drought. A record crop would also bode well for President Javier Milei’s plan to turn around the nation’s embattled economy

Now a bug is getting in the way.


Corn farmers are seeing their fields ravaged by a plague of leafhopper insects. The infestation is slashing production potential for the world’s third-largest exporter of corn just as harvesting gathers speed.

Swarms of the tiny insects — spreading a disease on plants called spiroplasma — have grown so vast across the Pampas crop belt that analysts at the Rosario Board of Trade will likely continue to trim their output estimate.

“There’s concern that the damage will keep increasing as the crop cycle progresses,” they wrote in a report, after calling the widespread impact of the pest “unprecedented.”

It’s a severe setback for a country still recovering from the worst drought in living memory. Farming is a huge component of Argentina’s economic activity, and its central bank desperately needs crop export dollars in the second quarter to boost its reserves of hard currency in order to scrap money controls.

The controls were designed to protect the peso, but they’re counterproductive for the broader economy. Milei, who’s served as president since December, has vowed to ditch them as he moves to free up business and lure investment.

Argentina’s corn and soybean harvests are just getting started. Prospects earlier in the year were for a record corn crop of 56.5 million metric tons, but that forecast has since plunged 12% to 49.5 million, according to the Buenos Aires Grain Exchange.

There are also some problems for soy: Rains have been hampering field work, and delays to the harvest could reduce the quality of the crop, with subsequent discounts to prices paid by traders.

“If the forecast for more rains is right, the harvest pace will slow,” said Bruno Ferrari, a researcher at the Rosario bourse. “We’ll see damage from excess moisture, affecting quality, and potentially a cut to our national production estimate.”

Argentina is the world’s biggest supplier of soy meal and soy oil.

Deformed Corn


Meanwhile, attacks by leafhoppers are choking the internal workings of corn plants, causing deformities and ultimately reducing the number and size of corn kernels that farmers truck to ports.

In the prime swath of farmland, known as zona nucleo, average corn yields are expected to plunge by roughly a third, to six metric tons a hectare. Before the leafhopper plague, they were due to be around nine tons.

In powerhouse farming province Cordoba, production is now seen 26% lower than last month and is expected to keep falling, with month-on-month cash losses exceeding $1.1 billion, according to the regional grain exchange.

In the northern province of Santiago del Estero, German Esponda, an agronomist from the town of Bandera, said the full extent of the damage hasn’t been computed. “This movie isn’t over yet,” he said.

Late-planted corn, which isn’t yet ready for harvest, is most affected. That’s bad news since two thirds of Argentine corn acreage is now late-planted, a strategy that’s developed to combat drier weather.

“My latest corn, planted in January, was younger and weaker when the leafhoppers came, so those yields could fall by half,” said Daniel Calaon, a farmer in Serodino in the zona nucelo.

Calaon is also struggling to collect his soybeans because of the rains. “It’s too wet to get tractors in the field,” he said. “We may lose some acreage and it’s very likely we’ll see quality losses.”

For Argentina, these curbs to production are compounding low global prices for both corn and soy. The combination will be detrimental to export revenue, with $4.5 billion wiped from the estimated value of Argentine crop shipments from December to March, according to Rosario. The revenue losses have grown in recent weeks as the leafhopper swarms intensified, said researcher Ferrari.

To be sure, smaller corn harvests in Argentina and neighboring Brazil haven’t yet been fully factored in at the US Department of Agriculture. When they are, it could fuel an uptick in corn prices that are trading at three-year lows, although demand is soft.

Further out, Milei’s plans to open up the economy could see headwinds from a La Nina climate pattern that’s forming in the Pacific Ocean. La Nina usually brings drought to Argentina and could shrink the 2025 harvest.

 Bloomberg Businessweek