13
Jun
2004

Polluters can be sued, court says in precedent-setting decision

by KIRK MAKIN

JUSTICE REPORTER

Saturday, June 12, 2004 - Page A16

The Supreme Court of Canada has opened the door for governments to sue polluters who damage trees, wildlife and water that lack commercial value. In a ruling that delighted environmentalists yesterday, the court said governments may act as trustees of the public good, seeking compensation for damage from negligence ranging from oil spills and poisoned air to forest fires.

The virtues of an unspoiled environment are inarguable, the court said, and there is no reason members of the public cannot have recourse to the courts through their governments when corporations negligently damage it.

"This is a major environmental law precedent in Canada on an issue -- compensation for environmental harm to public assets -- never before tackled by the Supreme Court," said Jerry DeMarco, a lawyer who argued on behalf of the Sierra Legal Defence Fund.

"The court specifically recognized the inherent value of forests and recognized that trees are much more than timber waiting to be cut," Mr. DeMarco said. "This case will have repercussions well beyond forestry law to air pollution, water contamination, oil spills and the like -- indeed any case where a natural asset or resource is held in common for the benefit of everyone and is harmed by corporate negligence."

Mr. DeMarco said one of the great virtues of the ruling is its implicit warning to companies that they may pay a high price for polluting. He said that in future cases, judges and juries will reach damage awards after hearing expert testimony evaluating the loss of nature and wildlife in monetary terms.

The case before the Supreme Court involved a 1992 forest fire that burned 1,491 hectares in Northern British Columbia. The province sought compensation from Canadian Forest Products Ltd. because the fire, near Prince George, had harmed a vast number of trees, fish and a drinking-water source. Fifteen per cent of the destroyed trees were protected from commercial logging.

At trial, Canfor was ordered to pay almost $2.5-million. However, the judge refused to award damages over and above what it had cost the province to fight the fire and to reforest and rehabilitate the area.

In a limited sense, yesterday's ruling was actually a triumph for Canfor. The court left the trial judge's award as it was, refusing to add an award for the loss of the non-harvestable trees.

However, Mr. Justice Ian Binnie said this was because the province did not submit its claim until the litigation was well-advanced. He also faulted it for using "overly arbitrary and simplistic" methods to estimate the losses.

"The valuation of a few trees plucked from a leafy urban boulevard poses fewer problems than valuing the environmental benefit of 1,491 hectares of trees clothing the slopes and valleys of the B.C. Interior," Judge Binnie said. "No evidence was led about the nature of the wildlife, plants and other organisms protected by the environmental resource in question . . . the environmental services provided or recreational opportunities afforded by the resource, or the emotional attachment of the public to the damaged or destroyed area."

Three of the judges dissented on this point, saying they could have figured out how much to award B.C. regardless of its inadequate evaluations. "These trees have intrinsic value at least equal to their commercial value, despite their non-commercial use," Mr. Justice Louis LeBel said on behalf of Mr. Justice Michel Bastarache and Mr. Justice Morris Fish.

On the broader point, however, the court disagreed with Canfor that only governments can compensate for environmental damage through funds set up for that purpose. "There is no reason to neglect the potential of the common law, if developed in a principled and incremental fashion, to assist in the realization of the fundamental value of environmental protection," Judge Binnie said. He said future courts will develop specific rules and procedures, since there are "clearly important and novel policy questions raised by such actions."

Informant: Deborah Barrie

Tortured meanings

http://www.guardian.co.uk/alqaida/story/0,12469,1237176,00.html


Informant: Dian Davies

ChemTrail Pictures

http://www.ufolab.info/BlackHelicoptersandChemtrails.htm


Informant: kat

CNDP Statement on UN Iraq Resolution

Press Release

The Coalition for Nuclear Disarmament and Peace (CNDP), India, considers the latest UN Resolution 1546 (June 8, 2004) a shameful capitulation to the US.

· It recognises as "sovereign" an interim government set up after June 30 that, like the Governing Council, is established effectively by the US and not the UN.

· It legitimises an illegal, US-dominated occupation force as a UN-mandated "multinational" force.

· It endorses this occupation at least until December 31, 2005 when an elected "transitional government" is to be established. Any removal of troops before then by the interim Iraqi government is subject to Security Council authorization where the US can exercise its veto to ensure its continuing presence.

· It endorses ultimate US (not Iraqi or UN) control over deployment/use of the occupying "multinational" forces.

· Article 27 of this Resolution allows all US-organised contracts for oil companies before June 30, 2004 to continue to have immunity afterwards.

Any endorsement of this Resolution by the Indian government, let alone sending of troops, represents a betrayal of the Iraqi people, of elementary principles of justice, and of an independent Indian foreign policy.

Achin Vanaik, Prabir Purukayastha
CNDP, India.

Forced Injected Microchips For Homeless

Excerpt:

WASHINGTON (UPI) -- The U.S. Department of Health and Human Services said Thursday that it was about to begin testing a new technology designed to help more closely monitor and assist the nation's homeless population.Under the pilot program, which grew out of a series of policy academies held in the last two years, homeless people in participating cities will be implanted with mandatory Radio Frequency Identification (RFID) tags that social workers and police can use track their movements...

http://pittsburgh.indymedia.org/news/2004/04/13377.php


Informant: Harry Mobley

--------

U.S. to implant homeless with RFID tags
http://www.thunderbay.indymedia.org/news/2004/04/13189.php

Please consider signing my petition.

This is the link to the petition:

http://www.petitiononline.com/sg061169/petition.html


Informant: Sheri Grutz

Cleaning up after HANEs

The newest issue of Scientific American has a good article on high atmosphere/low space nuclear explosions, and I found this intriguing explanation of HAARP. Whether it's the "true" one or not remains to be seen. This is only a small portion of the article.

Ken


Cleaning up after HANEs

[p. 106, June 2004, Scientific American]

If an adversary succeeded in detonating a nuclear device in space today, the U.S. would be at a loss to remediate its long-term effects. Down the road, though, cleanup techniques now being studied might do the job. One approach is to eliminate harmful radiation "more quickly than nature would," says Greg Ginet, a program manager at the Air Force Research Laboratory. Researchers at the facility, along with others funded by the Defense Advanced Research Projects Agency (DARPA), are investigating whether generating very low frequency radio waves in space might send the resulting radiation out of orbit more rapidly.

To understand how that procedure might work, Papadopoulos says, it helps to consdier an analogy. The earth's radiation belts in some ways resemble leaky buckets. Planetary magnetic forces pump energetic particles, or plasma, into the buckets. The rate at which they leak out depends on the amplitude of very low frequency (VLF, or between one hertz and 20 kilohertz) electromagnetic waves in the vicinity. A nuclear explosion, however, overfills the buckets, creating the artificial belts. The key to removing the plasma more rapidly from the magnetosphere is to increas the rate at which the radiation leaks out into the atmosphere, a process akin to widening the hole in the bottom of the buckets.

One way to do this, scientists say, would be to deploy a fleet of satellites designed to inject radiation belts artificially with VLF waves. To that end, DARPA and the U.S. Air Force are experimenting with the VLF transmitters at the High Frequency Active Auroral Research Project (HAARP) facility in Gakona, Alaska.

HAARP is devoted to the study of the ionosphere--or, more specifically, how the ionosphere can be manipulated by man-made means. The facility it is being expanded in part to provide the Pentagon with a way to test whether it can reduce the population of charged particles in the earth's radiation belts.

HAARP researchers are trying to determine how many satellites might be needed for a global mitigation system. They are buoyed in this effort by work conducted by Stanford University during the 1970s and 1980s. Stanford scientists injected VLF [p.107] waves into the Van Allen belts using a transmitter located near the South Pole, and those waves, they found, were sometimes significantly amplified by the trapped electrons in the belts. This amplification occurs by tapping the free energy associated with the trapped particles, Papadopoulos notes. The resonance-based process is analogous to the electron-stimulation effect that occurs in free-electron lasers where a "wiggler" magnet accelerates electrons so that they emit synchrotron radiation.

This amplification phenomenon lies at the heart of the HAARP effort. By boosting the VLF waves sent out by a fleet of satellites using natural means, the U.S. could employ far fewer emitting spacecraft, which could save billions of dollars. Defense Department researchers have shown that this amplyfying effect could cut the number of satellites needed from more than 100 to fewer than 10.

Scientists have demonstrated that the facility can generate extremely low frequency (ELF) and VLF waves and inject them efficiently into the radiation belts. It does this by periodically altering the flow of the auroral electrojet--a natural current that exists in the ionosphere some 100 kilometers overhead. The modulation, which produces a virtual ELF and VLF antenna in the sky, is accomplished by periodically turning on and off a high-frequency transmitter to change the temperature and thus the conductance of the plasma current. Researchers expect the completed facility to have sufficient power to determine whether the amplification and mitigation scheme can work. A space experiment to test these hypotheses may be conducted later this decade, according to Ginet, but any operational ground or satellite system is years beyond that...


Informant: Ken DeBusk

Nur subventionierte und privilegierte Akws sind rentabel

Über 25 Jahre wurde im mit Abstand größtem Atomland der Erde, den USA, kein Auftrag mehr für ein neues Kernkraftwerk erteilt. Jetzt wird in den USA über den Bau neuer Akws diskutiert. Und in Deutschland versuchen Politiker von CSU/CDU/FDP und auch SPD den Boden für den Bau neuer Atomkraftwerke zu bereiten. Finnland hat sogar schon einen Reaktor, sein 5. Akw, in Auftrag gegeben. Wieder einmal muss man in unserem Land gegen das Märchen argumentieren, Atomenergie sei preiswert. Dazu den Gastkommentar von Raimund Kamm..

http://www.sonnenseite.com/fp/archiv/Art-Umweltpolitik/4916.php

Atomkraftwerke zu teuer

Edmund Stoiber und Roland Koch haben sich wieder einmal blamiert. Kaum hatten die beiden Unions-Ministerpräsidenten öffentlich über neue Atomkraftwerke nachgedacht, bekommen sie die rote Karte. Nach Ansicht des Verbandes der Deutschen Elektrizitätswirtschaft (VDEW) sind neue AKWs nicht mehr finanzierbar.

VDEW- Präsident Werner Brinker sagte in Berlin: "Die Investitionskosten für Atomkraftwerke sind so hoch, dass an einen Neubau gar nicht zu denken ist." AKWs hätten die höchsten Investitionskosten von allen konventionellen Kraftwerken, sagte Brinker.

Weit preisgünstiger sei es heute, kleine Gaskraftwerke zu bauen. Dabei seien kleine Blockgrößen von 150 bis 200 Megawatt flexibler zu finanzieren. Die Atomkraft-Befürworter sind einfach nicht mehr auf der Höhe der Zeit. In ihrer ideologisierten Atomfixiertheit sind sie inzwischen blind für wirkliche Zukunftslösungen geworden.

http://www.sonnenseite.com/fp/archiv/Akt-News/4929.php

Stellungnahme zu Aluminium in Impfstoffen

von Dr. Stefan Lanka

Quelle: http://ecolog.twoday.net/stories/239272/

Intelligence: The Pentagon—Spying in America?

http://msnbc.msn.com/id/5197014/site/newsweek/


Informant: kevcross5

U.S. Lt. Gen. Ricardo S. Sanchez Personally Authorized Torture in Iraq

http://www.veteransforcommonsense.org/newsArticle.asp?id=1752

New Pictures of U.S. Torture in Iraq

http://www.veteransforcommonsense.org/newsArticle.asp?id=1753

Vote against any attempt to open the Arctic National Wildlife Refuge to oil drilling

'Energy Week': Wasting Time, and Energy, on Dead-End Schemes
"Bad ideas never die." That's a famous Washington, D.C., adage whose sorry truth is on display again. The House of Representatives is using rising gasoline prices as an excuse to dredge up its dirty, destructive energy bill for another series of votes, including a renewed effort attempt to open the Arctic National Wildlife Refuge to drilling.

The package of legislation that's on the schedule for next week, H.R. 6, would pave the way for drilling and mining on our most special public lands, from the Arctic to the Otero Mesa of New Mexico and the Red Desert of Wyoming. At the same time, it would roll back environmental safeguards that protect our air, water, land and health. And it won't do a thing to bring gas prices down.

Please Call Your Representative Before Tuesday!

The bankrupt energy bill could be before the House of Representatives as early as Tuesday, June 15. Please call your congressional representative with this simple message: vote against the dirty, dangerous energy bill and against any attempt to open the Arctic National Wildlife Refuge to oil drilling.

The Capitol Switchboard, at 202-224-3121, will connect you to your Representative's office. You can look up who your Representative is at:

http://ga1.org/wilderness/leg-lookup/search.tcl?domain=wilderness&preview_p=1

You can also use the talking points below in your phone call.

If you absolutely can't call your Representative, please click here to send him/her a fax immediately:

http://ga1.org/campaign/EnergyJune/wd8ks5x4qinnn8

Talking Points:
Calling your representative's office is painless, quick and easy and our message here is a very simple one. Just ask for the staff person handling energy issues. After identifying yourself, ask that your representative to vote against the energy bill when it comes to the floor, and to vote against any attempt to open the Arctic National Wildlife Refuge for drilling. If the staff person seems amenable to a longer call, you can also make these additional points:

- Drilling in the Arctic will do nothing to reduce gasoline prices, but will ruin a wild and pristine place for a few months' worth of oil consumers won't see for a decade or more.

- These bills have nothing to do with helping consumers at the pump; they have everything to do with political and electoral posturing.

- This cynical, pointless game only wastes time on dead-end schemes when legislators should be insisting on solutions that would actually make a difference and set us on course to a sustainable new energy future.

Retired Diplomats, Military Leaders Say Bush Must Go

THE LOS ANGELES TIMES for Sunday, June 13, 2004

SPECIAL REPORT

WASHINGTON - A group of 26 former senior diplomats and military officials, many appointed by Presidents Reagan and George H.W. Bush, plans to issue a statement arguing that President George W. Bush has damaged America's national security and should be defeated in November.

By Ronald Brownstein...


Informant: Geraldo Cienmarcos

http://email.latimes.com/cgi-bin1/DM/y/ehR60H4bju0G2B0F2TP0Ah

Atmospheric Science Program (ASP)

The Atmospheric Science Program (ASP) has both a long-term goal, and a specific science focus that changes from time to time according to national and DOE needs. The long-term goal is to develop a comprehensive understanding of the atmospheric processes that control the transport, transformation, and fate of energy related chemicals and particulate matter, especially in the context of climate change. Beginning in FY 2005 the specific science focus will be aerosol radiative forcing of climate. Associated with this focus is the objective of enhancing the scientific knowledge needed to simulate and predict radiative forcing and other climatic effects of aerosols...

http://www.atmos.anl.gov/ASP/


Informant: Bea Bernhausen

Omega-News Collection 13. June 2004

Push US logging giant Weyerhaeuser out of old growth and endangered forests around the world
http://omega.twoday.net/stories/238740/

World Bank, Enact Your Plan to Stop Financing Coal and Oil
http://omega.twoday.net/stories/238747/

Environmentalists Launch Earth Legacy Campaign
http://omega.twoday.net/stories/239002/

Supervolcanoes could trigger global freeze
http://omega.twoday.net/stories/239007/

GENETICALLY ENGINEERED SALMON
http://omega.twoday.net/stories/239042/

GE-FREE ZONE
http://omega.twoday.net/stories/239041/

Cattle Mutilations Explained? End Of The Beef Industry?
http://omega.twoday.net/stories/239054/

Biotech investors scared
http://omega.twoday.net/stories/239059/

CODEPINK Gives its First Ever Human Rights Award to Texas Fisherwoman Diane Wilson
http://omega.twoday.net/stories/239014/

Justifying torture brings shame to U.S.
http://omega.twoday.net/stories/239013/

Leaked Torture Memo Full Text
http://omega.twoday.net/stories/239021/

Human Rights Groups Sue Over Iraq Abuses
http://omega.twoday.net/stories/239039/

America and Torture - Do We Still Recognize Ourselves?
http://omega.twoday.net/stories/239046/

The Bush Administration Torture Documents
http://omega.twoday.net/stories/239048/

Dane claims he witnessed killing of prisoners
http://omega.twoday.net/stories/239065/

The torturers among us
http://omega.twoday.net/stories/239070/

Iraq dog use 'ordered by US intelligence'
http://omega.twoday.net/stories/239087/

'I too was tortured'
http://omega.twoday.net/stories/239088/

Maverick colonel blames US army's 'sycophantic' culture and heavy-handedness for failures in Iraq
http://omega.twoday.net/stories/239089/

Calif. Guardsman Alleges Abuse in Iraq
http://omega.twoday.net/stories/239128/

Cooking Up Excuses With the Pentagon
http://omega.twoday.net/stories/239126/

A torturer's charter
http://omega.twoday.net/stories/239166/

The harm the U.S. does in rationalizing torture
http://omega.twoday.net/stories/239168/

Controversial Commando Wins Iraq Contract
http://omega.twoday.net/stories/239090/

Electromagnetic Weapons
http://mindcontrol.twoday.net/stories/239022/

Bush's Anti-Union Record
http://omega.twoday.net/stories/239045/

Bush's kiss of death
http://omega.twoday.net/stories/238999/

Bush says he doesn't recall seeing memo on conditions of torture
http://omega.twoday.net/stories/239117/

Abu Ghraib Scandal About to Break Wide Open?
http://omega.twoday.net/stories/239185/

'Bush's religious shakedown'
http://omega.twoday.net/stories/239175/

The Fallacy of Righteous America
http://omega.twoday.net/stories/239179/

Impeaching unstable presidents
http://omega.twoday.net/stories/239078/

Tricky Dick Cheney
http://omega.twoday.net/stories/239051/

A Tough Time for 'Neocons'
http://omega.twoday.net/stories/239037/

'Barbarous thinking comes easily, and right-wingers fuel fire'
http://omega.twoday.net/stories/239121/

The Death Of Americanism
http://omega.twoday.net/stories/239017/

BILL OF RIGHTS
http://omega.twoday.net/stories/239019/

Brezezinski elaborates on the prison camp he envisions for the U.S.
http://omega.twoday.net/stories/239025/

The Day the Constitution Died
http://omega.twoday.net/stories/239040/

Defending Our Freedom
http://omega.twoday.net/stories/239079/

A Plunge From the Moral Heights
http://omega.twoday.net/stories/239119/

How innocent Iraqis came to be abused as terrorists
http://omega.twoday.net/stories/239074/

New prison torture and abuse pictures
http://omega.twoday.net/stories/239160/

Rumsfeld 'told officers to take gloves off with Lindh'
http://omega.twoday.net/stories/239075/

Ashcroft revives the fine art of stonewalling
http://omega.twoday.net/stories/239077/

An American in The Hague?
http://omega.twoday.net/stories/239067/

War crimes: US seeks protection
http://omega.twoday.net/stories/239071/

Report Documents Extensive U.S. War Crimes In Iraq
http://omega.twoday.net/stories/239085/

End this lawlessness
http://omega.twoday.net/stories/239082/

Hypocrisy: The US Government's Biggest Single Problem
http://omega.twoday.net/stories/239171/

Annan urges application of international law to Iraq
http://omega.twoday.net/stories/239084/

U.S. bioterrorism research leaps past defensive tactics
http://omega.twoday.net/stories/239092/

U.S. Intervention in the Middle East
http://omega.twoday.net/stories/239123/

Live Free, or Be Killed
http://omega.twoday.net/stories/239172/

50,000 troops in Gulf illness scare
http://omega.twoday.net/stories/239115/
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