THE GALLON ENVIRONMENT LETTER
Canadian Institute for Business and the Environment
Fisherville, Ontario, Canada
Tel. 416 410-0432, Fax: 416 362-5231
Editorial: editor@gallonletter.ca
Subscriptions: subscriptions@gallonletter.ca

Vol. 13, No. 1, January 24, 2008

Honoured Reader Edition

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This is the honoured reader edition of the Gallon Environment Letter and is distributed at no charge: send a note with Add GL or Delete GL in the subject line to subscriptions@gallonletter.ca. Paid subscribers receive a more complete edition without subscription reminders and with extensive links to further information following almost every article. Organizational subscriptions are $184 plus GST and provide additional benefits detailed on the web site. Organizational subscribers also receive the monthly Sustainable Technology & Services Supplement. Individual subscriptions are only $30 (personal emails/funds only please) including GST. If you would like to subscribe please visit http://www.cialgroup.com/subscription.htm If you feel you should be receiving the paid subscriber edition or have other subscriber questions please contact us also at subscriptions@gallonletter.ca. This current free edition is posted on the web site about a week or so after its issue at http://www.cialgroup.com/whatsnew.htm. Back free editions from January 2007 are available at http://www.cialgroup.com/whatsnew-a.htm

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ABOUT THIS ISSUE
 
Many people think that asbestos is one of those chemicals from the past, with little impact today, but Canada and other industrial countries continue to mine and export asbestos, mostly to the developing world, and allow its use in products used in Canada and the US. Public health officials and worker activists as well as actuaries are sending out an alarm that asbestos disease has yet to peak and continued asbestos production and use will lead to an 'asbestos time bomb' of disease and death. In industrial countries, occupational protection of workers may be growing stronger but end-users of products often have little protection and may not even know if and when they are exposed to airborne asbestos fibres. We begin 2008 with a powerful exposé about asbestos. This is the first of a two part asbestos update, with the second part to come in a near future issue.

We have shifted our EcoCouncillor Award nomination schedule from Fall to Winter so that nominees can include a full year of environmental activities by their favourite local politician. But the nomination is not limited to one year of activities - everything the nominee has done while a member of a municipal or band council is fair game. Nominations for the 2007 award will close on Thursday 20 March and details of how to nominate or self-nominate for the Gallon Environment Letter Fourth Annual EcoCouncillor Award are included in this issue.

There is a plethora of environmental action, or perhaps it is mostly environmental talk, at the moment and our editorial presents not-too-rosy green vision of Canada in 2008. We receive, and encourage, letters to the editor and this issue we have one that argues with the Chief Hydrogeologist of Canada (see Letter in last issue). We will leave it to you to judge this one.

One of our book reviews this issue is Plan B 3.0 from Lester Brown. Brown will be well known to many of our readers. As time goes by it seems he is becoming yet more controversial but his ideas are at least always stimulating. A second reviewed book, maybe even more profound than Plan B 3.0, is called The Culture of Flushing, and it is not about Flushing, N.Y.. Our humourous afterword is on the same topic.

GL's editor is familiar with noted Canadian climate change sceptic Tim Ball. Readers may also know that Tim sued University of Lethbridge (Alberta) professor Dan Johnson for defamation. We have been wanting to cover this slap suit for some time but it was unwise for all involved to do so while it was before the courts. Now it is over and GL is pleased to bring you an exclusive interview with the slappee. While we do not have proof, various commentators have suggested that Tim Ball's efforts were funded by the friendly motoring petroleum people and others. Some friends!


Finally, while we generally try not to cover stories that have been so well covered in the mainstream press, how could we not touch on the Chalk River mess. We are absolutely thrilled to know that Stephen is now in charge of our 'nucular' (as pronounced by George W. Bush) safety.

Next issue we may bring you part two of the asbestos mess. But then again, we might not. That's the nature of the environment business today. Happy Motoring through this issue.
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ENVIRONMENT & BUSINESS: A ROCKY PROGNOSIS FOR CANADA

Sometimes forgotten is the fact that Gallon Environment Letter is published by the Canadian Institute for Environment and Business. It is not surprising that this simple fact gets forgotten because the concept of environment as a critical, and potentially profitable, business issue is often ignored in Canada. In the UK, major retailers like Marks and Spencer and Tesco give their environmental plans and programs very high profile through in-store advertising. In the US, business environmental and climate change conferences are attracting large crowds. Greener (if you believe the claims) cars are profiled at the Detroit Auto Show and in dealer showrooms. In Europe, environmentally and socially responsible stock indices and corporate environmental initiatives are regularly profiled in the press. In Canada, it is difficult to find much of any of these things except during 'Earth month' in April.

For reasons that we only partially understand, even Canadian divisions of US companies frequently give less attention to environmental performance or environmental marketing than their US parent. Durable green consumer products that are available in the US do not always make it to the Canadian market and when they do their green attributes are often not touted as loudly as happens in the US. Overall it is our subjective assessment that green business has a much lower profile in Canada than in just about every other OECD country.

Our discussions over many years indicate that there are a few, but not enough, identifiable reasons for this:
1) Canadian society is less enthusiastic about free enterprise than US society. The idea that companies can make money by going green has less appeal here than in the US or elsewhere. Canadians still embrace the notion that governments solve environmental problems.
2) Our political leaders have no idea that more environmental expertise is to be found in the private sector than in academia, government, or non-governmental organizations. Most politicians think that if they consult with environmental non-governmental organizations, engos, they have been provided with the ultimate in environmental wisdom.
3) Engos are not as inclined to invite business to participate in their work as do engos in other countries. Of course, all ngos are looking for donations and contributions of money but only a few take the time to sit down with business to develop the ultimate win-win-win solution.
4) Some opinion leaders actively undermine the environmental agenda. For example, the media often stills sees it as necessary to provide balance by giving space and time to climate change denyers. In most countries, these people are laughed out of town. The leadership of the Canadian Auto Workers actively encourages the purchase of gas guzzling vehicles that are assembled in Big Three plants in Canada instead of encouraging Canadian assembly of more fuel efficient vehicles.

Even if these observations were completely valid, it would still hardly be enough to explain why green business is so rare in Canada. I invite your comments, agreeing or disagreeing, on my observations.

In addition to your observations, three or four fairly major events are likely to put Canada's green identity to the test in 2008:

This completes the circle, bringing me back to where I began. Much of the relatively small amount of green business that is underway in Canada is led by foreign-owned companies. Should that tell us something?

Colin Isaacs
Editor
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NOMINATE NOW FOR THE 2007 ECOCOUNCILLOR AWARD

Nominations for Canada's Fourth Annual Eco-Councillor Award and Roll of Honour are now being received. Here are the details: 

1) We invite you to nominate an elected municipal politician (mayor, alderman, alderperson, councillor, member of municipal council, First Nation Chief, or Councillor) who has performed outstanding environmental service in a neighbourhood, municipality, province, or First Nation. The outstanding environmental service should be connected to the person's role as an elected politician and may be in the form of pushing for an excellent environmental policy or program or running an outstanding environmental project. We leave the definition of what constitutes an environmental project to you, except to note that GL particularly likes the concept of Sustainable Development which incorporates environmental, economic, and social aspects.

2) Send a brief description, no more than 300 words, describing the outstanding environmental performance performed by the individual. If you wish you may attach a modest number of documents (not more than five pages, Adobe PDF please) supporting the application.

3) Include the name of the politician, their municipality or council, position, and contact information. Also include the name and contact information of the nominator.

4) Unfortunately we must limit nominations to elected politicians in Canadian municipalities and First Nations.

5) To ensure we find the very best of Canada's environmentally-oriented local politicians, we will accept self-nominations. However, politicians who nominate themselves should include third-party endorsation either in the form of a letter from a local environmentalist or a copy of an article from a newspaper or independent newsletter describing their work.

Send your nominations by email to editor@gallonletter.ca with the subject line Eco-Councillor contest. Attachments containing supplementary information are acceptable but should consist of no more than 5 pages. The deadline for entries is Thursday March 20th. However we urge you not to wait until the last minute.

Remember, only municipal councillors who are nominated can make it on to the Gallon Environment Letter Honour Role of Eco-Councillors.

Details of the awards ceremony will be published in the February editions of Gallon Environment Letter. Those nominated for the 2004, 2005, and 2006 Rolls of Honour may be nominated again for 2007, except for the 2006 winners Councillor Marguerite Ceschi-Smith, City of Brantford, Ontario, and Mayor Kevin Edwards, Town of Three Hills, Alberta.
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Asbestos Part 1 Domestic Canada and US 

Asbestos is not a new problem. In fact, it was one of the earliest substances deemed to be a human carcinogen. Many countries are getting very concerned about asbestos, and we will bring you an update of the situation in both the OECD and the developing world in a future issue of GL, but in this issue we'll focus in North America, in at least the northern part where one more rarely hears about problems with asbestos.
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ASBESTOS PERSONAL INJURY CLAIMS ARE COSTING AMERICA A FORTUNE

An overview of asbestos claims issues and trends by the American Academy of Actuaries tells a story of continuing dangerous exposure to asbestos in the US and around the world.

Asbestos Use

People continue to be exposed to asbestos:
Asbestos Litigation

Up to 1973 in the US, limits on compensation were set by the workers' compensation system but the court case Borel vs Fibreboard (1973) succeeded in holding manufacturers of asbestos-containing products strictly liable for failing to warn workers of the unreasonable danger of their products. Courts have added to the costs by awarding for emotional harm, medical monitoring and punitive damages. The number of asbestos claims is overwhelming some state court systems. In a lifetime, a worker may have been in a number of different jobs so one case may list a large number of defendants and may depend on the bankruptcy status of companies (see below). The range of diseases workers are suffering from also creates complications; in some cases, companies believes the claims are not legitimate. There is also forum shopping where plaintiff lawyers seek to have cases tried in more sympathetic states. If one state enacts limits on compensation, then the case may be litigated in other states. Lawsuits also name defendants who are not primary manufacturers or mining companies but who own a building with asbestos in it or who distribute products containing asbestos. Among asbestos defendants have been Campbell's Soup, Gerber, and Sears Roebuck. Some of these peripheral defendants are bearing some of the major costs of awards in asbestos cases because they are solvent while the other defendants declare bankruptcy.

RAND has estimated that 730,000 asbestos claims have been filed through 2002 with over 8,000 companies as defendants. Defendants or their insurers have paid about $70 billion; more than half is legal and other costs so only 42% or $30 million has been received by the plaintiffs. The ultimate costs of asbestos personal injury claims in the US are estimated to be $200-250 billion, a wide range because of uncertainty about incidences of disease, nature of disease and costs of legal services. Insurers will pay about $60-70 billion of this.

The Manville Personal Injury Trust

Johns-Mansville Corporation, the largest manufacturer of asbestos-containing products and supplier in the US, filed for bankruptcy in 1982 due to asbestos claims. The Manville Personal Injury Trust was set up to distribute the assets among the current and future claimants and is seen as an alternative to litigation. Many other approaches to tort law have been proposed but many questions arise which the report discusses with the idea that litigation is not efficient. From the defendants point of view, some progress in litigation has been made. Some jurisdiction have begun to limit nonmalignancy claims, combination of claimants into one lawsuit, and choice of venues. Challenges have been successful against some chest X-rays in non-malignancy claims.

Bankruptcy

Eighty bankruptcies in the US have been the result of asbestos claims. Forty-seven states have at least one company declaring bankruptcy. There has been a start to challenging prepackaged bankruptcies; these are when the company still has money to pay the claim but enters bankruptcy to escape the claims. A total 52,000 - 60,000 jobs have been lost due to asbestos-related bankruptcies in the US. The average worker who lost one of those jobs has missed out on $25,000 to $50,000 in wages over his/her employment life and $8,300 in pension.

There is considerable uncertainty about the future costs of asbestos claims. Because of the long latency period for disease, issues about preserving the rights of the person who is not ill but may be in the future must be considered. Average latency varies among the diseases including mesothelioma, lung cancer, other cancers, asbestosis, and pleural changes. For example, mesothelioma's average latency is 30-40 years and is fatal within 1-2 years. For this reason, it is becoming common to consider the future claims in bankruptcy distributions.

Paid subscribers see links to original documents and references here.
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ASBESTOS: A CANADIAN KILLER

Asbestos is a term that has been heard everywhere in regard to buildings, construction, and disasters. Meeting minutes from public institutions such as schools, hospitals, municipal halls, and universities routinely contain reference shutdowns of sections or whole buildings for asbestos abatement. Associated with these cost expenditures is a whole industry of inspections, laboratories, remediation services and waste hauling.

A recent National Post article by Jennifer Wagler discussed the reconstruction of Regent Park, a 50 year Toronto Community Housing site. Don Bremner, President of Restoration Environmental Contractors which carried out the first phase demolition phase, said they saved appliances, windows, and cabinets, recycling almost 95% of the deconstruction waste. But first, asbestos on paint, tiles and insulation had to be removed and dealt with.

What Is Asbestos

Asbestos is a generic name for a number of naturally occurring hydrated mineral silicates. These don't burn in air; they separate into fibres and have a unique crystalline structure. These features have given its name which is a greek word meaning unquenchable or indestructable.

There are two mineral classifications of asbestos: serpentine and amphibole. Each is then divided further:
Serpentine Asbestos includes Chrysotile (white asbestos - long wavy fibres), the most common commercially
 
Amphibole Asbestos:
Asbestos is mined in open pits and then the ore holding the mineral is crushed to extract the fibres. About 90% of global use of asbestos is chrysotile.

Asbestos was and is used because it is incombustible, strong, flexible and cheap. Often it is used to bind or reinforce cement or plastic. Its adherence on the product can range from well bound to capable of releasing airborne fibres. In Canada and the US manufacturing, sprayed insulation, stucco and cements with asbestos are no longer made.

Risk Assessment

Different jurisdictions have different methodologies for assessing asbestos risk and what to do about it. GL talked recently to a former provincial environmental official who said all the asbestos removal was a complete waste of money and could cause more asbestos to become airborne; all asbestos should be sealed in place. This is an opinion commonly expressed but not accepted by many especially those who don't want to be exposed. The following are selected from the 2007 Alberta Asbestos Abatement Manual which includes:

Definitions such as:
Asbestos is permitted for use in Canada.

Well-bound asbestos can be found in parts of buildings including asbestos cement roof or wall panels, roofing felts, stucco, brick and block morter, insulation in exterior walls, vinyl asbestos flooring tiles or asbestos paper backing on flooring, ceiling tiles, acoustic finishes, plaster or drywall compounds, thermal spray on walls or wall cavity insulation, insulation in boilers, pipes, ducts, chillers, fireproofing on structural supports, domestic water supply and drains pipe insulation, wire insulation, fume hood lining and ducts, elevator brake shoe, fire dampers, emergency generators, theatre curtains, welding blankets, and duct tape.

Loosely bound or unbound asbestos in buildings is found in insulating cements, sprayed insulation, insulation blocks and textiles and in vermiculite insulation from W. R. Grace in Libby, Montana called Zonolite (see article on W. R. Grace).

The most hazardous is friable asbestos such as sprayed acoustic or thermal insulation; friable means it can be crushed by hand. Sprayed asbestos was introduced in 1950, approved by the Underwriters' Laboratory for fireproofing and used in many public and commercial buildings. Although many uses stopped in 1972, acoustic products containing asbestos continued to be used.

In non-building products, asbestos may be in brake linings, gaskets, plastics, textiles, millboards and paper, filters and electrical insulation.

Risks and Management Options

As long as the asbestos is bound, it is unlikely to be a hazard but there is always a risk because the situation can change. People who don't know that they are dealing with asbestos (or ignore the hazard) can damage the surface through maintenance and repair or water damage can cause damage. Fibres can be released if the product is cut, abraded, sanded, cracked, or just deteriorates from general wear and tear. Because of many uses and different thicknesses and appearances, it is not possible to eyeball a product or building to see if it contains asbestos; a laboratory evaluation is necessary.

Management options include removal, enclosing, encapsulating or leaving it alone (but with a management plan).

It is not possible to manage asbestos located in air systems where air can damage material, where water or vibration can lead to damage, where the general public has access and somebody can damage the material deliberately or inadvertently or if materials are friable and near maintenance areas.

The manual lists eight major factors for evaluating the condition of an asbestos area such as condition of material and exposed area which will also include hidden areas such as above suspended ceilings if personnel access that area. These factors are used to assess whether the risk is high, medium or low and combined with measure of asbestos in air, determine what level of control is needed (immediate control, control required or no control required).

Health Effects

The health risk of asbestos arise because the fibre can be split along the length to be extremely fine. Airborne asbestos has a average diameter of 0.11 to 0.24 micrometres or 300 times thinner than human hair and tends to float around in the air or even if it falls, get easily airborne again. When breathed into the lungs, it gets stuck in the tissue.
 
Asbestos has been used for thousands of years and even the Greeks and Romans noticed that slaves weaving asbestos cloth suffered from lung sickness.

In the 1930, asbestosis was identified, in 1949 lung cancer was linked to asbestosis and in 1960 in South Africa asbestos was linked to cancer of the lining of the lungs, mesothelioma, a very rare cancer in the general population. Unlike asbestosis which is generally an occupational disease, mesothelioma may occur due to non-occupational exposure.

It may take 15 to 55 years with an average of 40 years to get terminally ill. Mesothelioma kills half of patients within a year, most die within two years. Other cancers are linked to asbestos.

Paid subscribers see links to original documents and references here.
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THETFORD MINES: COMMUNITY RISK FROM ASBESTOS

In 2003-2004, the Asbestos Victims Association of Quebec undertook an exploratory sampling of the air and soil in the residential community of asbestos mining towns. A recent International Journal of Occupation and Environmental Health reports on the study and concludes that asbestos is a public health threat near Thetford Mines, the centre of the asbestos mining district in southern Quebec about 100 kilometres south of Quebec City. Data was collected from sampling of air and soil from 26 homes in the area with support from the Asbestos Victims Association of Quebec. The risk of contracting asbestos-related cancer from in-home exposure for 30 years from in-home air based on the 28 air samples is estimated at 1 in 10,000. Of 14 soil samples from driveways and backyard, seven had chrysotile content of 10%, three had greater than 60% and one had 100%.

The article explores a number of issues which seem to echo themes common to emerging health/environmental threats:
The source of the dust included
The article includes a description of how the samples were analyzed in the laboratories and what protocols cover the handling of the samples and counting of fibres. The article shows a photo of a youth driving an ATV over asbestos piles.

Funding for the study and help for the study came from : the Environmental Health Fund; Mining Watch Canada; the Canadian Association of University Teachers (CAUT); the Alberta Workers' Health Centre; the Occupational Health Clinics for Ontario Workers, Inc.; the White Lung Association; the Communications Energy and Paper Workers Union of Canada, Local 85.

Paid subscribers see links to original documents and references here.
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CHRYSOTILE INSTITUTE

The Chrysotile Institute provides an industry web site promoting the idea that chrysotile asbestos can be used safely and that chrysotile is different from other asbestos and safe, a view not generally agreed on by those researching public health. An article on the site counters the research reported for Thetford (see separate article) arguing that the concentrations of airborne fibre in homes was too low to present measurable and unacceptable risk.

Paid subscribers see links to original documents and references here.
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CANADIAN CANCER SOCIETY: PHASE OUT ASBESTOS

In July 2007, the Canadian Cancer Society called on the federal government to develop a comprehensive asbestos strategy leading to the eventual phasing out of both the use and export of asbestos. Only by stopping exposure to asbestos can asbestos-related diseases be stopped.

In Canada, litigation is generally not an option as the worker compensation boards assess whether compensation is to be given. According to the Canadian Cancer Society's figures about a third of the 1,097 workplace deaths in Canada in 2005 were due to asbestos.

Paid subscribers see links to original documents and references here.
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CANADIAN GOVERNMENT ALLOWS ASBESTOS IN TOYS
 
In the US a few politicians have been criticizing the presence of asbestos in consumer products and elsewhere. One such has been US Senator Patty Murray from Washington State. In October, Murray's Bill S.741, the Ban Asbestos in America Act, passed the US Senate and could mean the US joins the 40 countries (e.g. South Africa, EU, Japan, Australia) which have already banned asbestos usually with some exemptions. The bill requires regulations that prohibit import, manufacture, processing, or distributing asbestos-containing materials subject to limited exemptions.

In Canada, Pat Martin, NDP MP for Winnipeg Centre been active on asbestos issues for some time promoting the removal of Zonalite insulation (see W.R. Grace article) and an overall ban including toys. Some of the provisions for asbestos in the federal Hazardous Products Act date back years but instead of updating them, the Asbestos Products Regulations were not to make any changes but to compile this information into one document. The regulation came into force November 15, 2007 and continues to allow the use of asbestos in consumer products unless these cause airborne fibres. Martin says that Canadians probably think that asbestos is already banned in consumer products and "You would have to be crazy to put asbestos in children's toys."

CSI Fingerprint Toy

In December 2007, Murray thanked major toy retailers Toys "R" Us and KP Toys for stopping sales of the Planet Toys CSI Fingerprint Examination Kit which she said contained asbestos, according to information provided by The Asbestos Disease Awareness Organization and the Environmental Working Group. Her letter was also addressed to Walgreens. The toy encourages children to blow on the powder sending asbestos-containing dust into the air.

In December 2007, the State of Connecticut Department of Health tested the CSI Fingerprint Toy and Commissioner Farrel of the Department of Consumer Products said that, "Lab results indicate that the composition and crystalline structure of the fibers is most consistent with tremolite, a form of asbestos and a toxic hazardous substance. Given the potential health hazards associated with any asbestos contact, we are removing the item from sale immediately, and are asking consumers to take swift measures to make sure their children aren't exposed to the product. There is no 'safe' level of asbestos.'

According to the Commissioner, the state will be investigating "how the manufacturer, Planet Toys, Inc. of New York, and various retailers responded to the results of the original 18 month scientific study conducted by the Asbestos Disease Awareness Organization, (ADAO) which initially reported the presence of asbestos in the CSI toy' on November 27, 2007.

Two days after Connecticut issued a state-wide recall of all CSI Fingerprint Examination Kits, Planet Toys said it was asking all retailers to remove the kits immediately on a voluntary basis and store them until the company could sort out the problems.

At the end of November 2007, Martin also released warnings against the toys.

On January 15, Planet Toy issued a press release that it has contacted with Paradigm Testing Laboratories in Rochester, New York and conducted same-day tests on 18 different samples of the fingerprint powder and found no asbestos.

GL wonders whether a real CSI team is needed to sort out this mystery of conflicting "what is in this product" stories. It is easy - either the manufacturer has put asbestos into the toy or it has not. GL suggests that, where there is evidence of a toxic substance in toys and other consumer products, government investigators should have the right of access to manufacturing facilities anywhere in the world. If the right is not granted the product should be automatically banned from the marketplace, in the same way that those who are believed to be drunk and who refuse a breathalyser are separated from their vehicles. If a product is found to contain asbestos that could become airborne, GL suggests serious legal action up to and including charges against the CEO of the offending company, just as those who rip off shareholders are beginning to be sentenced to jail. Unfortunately, successive Canadian governments have for a long time felt that the jobs of a small number of Canadian workers are more important than the health of children.


Paid subscribers see links to original documents and references here.
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W. R. GRACE: A REGULATORY DISGRACE

In January 2007, US Senator Max Baucus, senior Montana Senator (Democrat), paid tribute to Les Skramstad, a worker activist in Libby, Montana who drew attention to the tragedy of thousands of people who suffered diseases due to tremolite asbestos exposure and over 200 who died of asbestos-related diseases. Baucus said that when he first met Skramstad over huckleberry pie and coffee, he was told unimaginable stories of suffering and tragedy. The Senator and local guy worked together to:
The Senator committed to continuing to work on behalf of Libby, "But, sadly, Mr. President there is still much more do to. Much more. Libby residents deserve compensation for their injuries. They deserve health care. They deserve to see those responsible go to prison for what they did. They deserve to know that their town is clean of asbestos." Before he died, Skramstad told a local newspaper that he thought Grace was guilty of murder, "I started in 1959 and I was as healthy as a horse, I knew all the guys that worked there, 135 employees when I was there. And there's five of us left alive. Five. The rest of them are gone."

About 1,200 residents from Libby are identified as suffering from some kind of asbestos-related abnormality. Health studies on residents of the Libby area show increased incidence of many types of asbestos related disease, including a rate of lung cancer that is 30 percent higher than expected when compared with rates in other areas of Montana and the United States.

One of the reasons, so many people were harmed in Libby is that W. R. Grace was mining vermiculite and making a vermiculite insulation called Zonolite. The asbestos was a natural contaminant of the vermiculite. Although regulations were in place for occupational exposure for processing asbestos, they were weak to non-existent when asbestos was a contaminant. There are many kinds of asbestos but only six are covered under US federal regulation and tremolite asbestos from Libby wasn't one of the six. The federal regulations apply when asbestos is used to make products but asbestos in the vermiculite isn't deliberate. so, the regulations which deal with commercial applications do not address it.

In 2005, a federal grand jury in Montana indicted W. R. Grace and seven current and former executives for knowingly endangering residents of Libby, Montana and concealing information about the health affects of its asbestos mining operations. The charges alleged that the company endangered not only the workers but also their families and the community. Workers were allowed to leave the work site covered in asbestos dust, waste vermiculite was given to residents for their garden and for foundations for running tracks and an outdoor ice rink. The company was charged with selling asbestos-contaminated property without making the buyers aware of the nature and extent of the contamination. There have been several trials and appeals including defence lawyers alleging time had run out for criminal charges, disputes about witnesses and documents such as critical environmental health studies on the hazards of asbestos. David Uhlmann of the University of Michigan and formerly head of the Environmental Crimes Section of the Justice Department called "this the most significant case ever brought under the federal environmental crimes program." The regional paper The Missoulian publishes consistently on this story and provides occasional links to other sources such as court cases. In December 2007, journalist Tristan Scott reported the 9th Circuit US Court of Appeals had reversed six decisions originally favouring the defence in September. Leave to appeal is likely to made to the US Supreme Court. As well as Les Skramstad who was a key witness, a manager of the mine facing charges has died, of cancer.

Workers and the community were unaware of the danger they were in for years and many of those still alive feel they should have been warned by government agencies instead of being abandoned. The EPA is now on the next phase of asbestos clean up the mine, has already dug up 45,000 cubic yards of contaminated soils from residential properties in two communities, Libby and Troy. The problem, according to EPA's Paul Peronard, is that they don't know how far the contamination has spread. Both indoor and outdoor locations are affected. Some like Senator Baucus want the area declared an emergency area. The community was invited to an EPA workshop on January 10, 2008 on next steps for the clean-up.

Bankruptcy Court Makes Compensation Decisions

W.R. Grace filed for bankruptcy in 2001 staying all class actions and potential claims. Individuals can still make claims but must do so individually. On December 19, 2007, the US Department of Justice released a press release that W. R. Grace would pay $34 million bankruptcy settlement for cleanup costs at 32 Superfund sites to be released when the US Bankruptcy Court makes its decision. The environmental cleanup claims for Libby (as well as another site near Baltimore) is not yet resolved and the claim is pending.

It will be a bankruptcy judge in Delaware who decides the fate of the asbestos workers. A decision based on a trial January 14, 2008 will determine how much money is needed for the company's Chapter 11 exit plan. If the amount is $700 million or so, they will pay the asbestos bill and have money for shareholders. If the asbestos liabilities are $2-3 billion, then the company will no longer belong to the shareholders but to those who filed asbestos claims. Some say the asbestos liability is $3.7 billion. Investors hope that some of the claims will be proven bogus.

Paid subscribers see links to original documents and references here.
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EBR PETITION: ASBESTOS IN SOLID WASTE LANDFILLS

One of the topics discussed by the Environmental Commissioner of Ontario 2006-2007 Annual Report was asbestos waste. Two applicants had requested a review (denied by the Ontario Ministry of the Environment) to change the definition of asbestos under Regulation 347 which currently is "non-hazardous solid industrial waste”. They recommended that MOE take action including:
The applicants provided a great deal of supporting evidence described in the Supplement of the annual report leading them to argue that, asbestos is the "most pervasive environmental hazard in the world" and is responsible for thousands of preventable cancer deaths globally each year.Many products such as brake and clutch linings, gaskets of cars, insulation, flooring, shingles, cement and plastics contain asbestos and these products are often handled without due regard for Reg. 347. Municipal and provincial environment officials claim that only a little bit of asbestos is deposited in Ontario landfills now and again but the applicants dispute this. Asbestos is a designated substance under the Ministry of Labour but not under the Ministry of Environment.

The ECO report provides a background on the history of the use of asbestos and suggests that "according to most experts, asbestos fibres are primarily an occupational risk rather than an environmental risk. Thus, the risk to the general population from environmental levels of asbestos fibres in air (e.g., in a typical building containing asbestos insulation) and in water, and from asbestos products (where the fibres are bound) is negligible." GL notes that asbestos is one of those chemicals which has no known dose-response threshold (see other articles in this issue and the next one] 

The report discusses various regulations federally and provincially. For example, ambient air quality, definitions of asbestos waste. For example, asbestos in friable form must be reported by designated industries under the National Pollutant Release Inventory. Sixty four facilities in Canada, 24 in Ontario, reported use of asbestos to the NPRI in 2005 with some reporting on-site and off-site discharges.

Ontario's Reg 347 Section 17, the ECO report says, also requires standards for waste handling, packaging, transportation, vehicles and disposal sites in relation to asbestos. For example, transporters must have a certificate of approval C of A, asbestos waste must be in a sealed container or if shipped in bulk handled by a C of A specific to asbestos. Best practice guidelines for removal procedures include use of water or vacuum collection methods and specific removal procedures for sites with substantial asbestos waste. The Enforcement Branch of MOE has taken action against some contractors who failed to meet the requirements for asbestos under Reg. 347.

The Ministry of Labour as of May 2007 has eleven designated substances under the Occupational Health and Safety Act OHSA including asbestos, lead, mercury and arsenic. Separate regulations set out exposure thresholds for length of exposure time as well as control and measures. In 1984, Ontario's Royal Commission on Matters of Health and Safety arising from the use of asbestos in Ontario recommended increased protection of workers on construction sites and creation of the Industrial Diseases Standards Panel. The Commission, ECO says, resulted in changes to workers' compensation and occupational safety laws. Personal protective gear is required including respiratory equipment, medical surveillance and measurement of airborne fibres. ECO concludes that the handling of asbestos waste generated by building repairs and site redevelopment is enforced and failure has led to large fines.

The smaller amounts of asbestos waste associated with products manufactured with asbestos content that end up in landfill regularly are not addressed by regulations. MOE denied that asbestos disposed of in landfills has any environmental effects because it is 'inert, not soluble and, if properly disposed in landfill' will be well contained and there is little risk of off-site migration to potential receptors. The EU also permits landfilling of asbestos waste such as from construction sites in non-hazardous landfills if these are reasonably self-contained.

ECO comment is that MOE's reasons for denying the application for review were acceptable given there are existing legal and regulatory requirements and a reasonable framework for handling of asbestos waste at Ontario's landfill sites. ECO doesn't believe that products destined for disposal should be treated as hazardous waste. Since the federal government regulates product safety, the applicants are encouraged to petition the federal Commissioner of Environment and Sustainable Development or other federal departments.

Just as an aside, GL suggests that anybody doing research on environmental issues, check out these EBR reports. Because of the number of ministries involved under the Environmental Bill of Rights and the range of citizen petitions, there are few topics not explored here over the years. The entire set of reports is available on the ECO web site or as a tiny cd.

Environmental Commissioner of Ontario. Reconciling our priorities, Annual Report 2006-2007.Supplement.
http://www.eco.on.ca/english/newsrel/2007/Final_supplement0607.pdf
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LETTER TO THE EDITOR

            Subject: Great Lakes Water

As a resident of the Great Lakes Region, I take exception to Dr. Rivera's description of the World's fresh water supply. (Vol. 12 No. 12 December 10, 2007)

Although Dr. Rivera refers to the nearly 12 millions km3 of fresh water in the World as "renewable", this is hardly the case. As farmers in the Sacramento Valley in California are acutely aware, the fresh water aquifer on which their livelihood depends is a finite resource which, when finally exhausted, will require thousands (if not tens of thousands) of years to replenish. Coastal inhabitants should also be horrified to think that anyone would suggest melting the glaciers or water permanently frozen in the North and South Poles to extract their fresh water. This scenario is exactly the disaster predicted by continued global warming trends.

90% of the World's fresh water in found in groundwater. The remaining 10% of the World's fresh water referred to as "surface water" includes all of the water permanently frozen in glaciers and at the North and South Poles. Only the fraction of surface water found in rivers, lakes and streams is truly "renewable", coming from a (hopefully) inexhaustible supply of rainwater. I certainly cannot dispute Dr. Rivera's numbers, so the Great Lakes are certainly not "20%" of the world's fresh water supply. However, readers may get the mistaken impression that exploiting groundwater and frozen glacial water is a substitute for rational water conservation. The Great Lakes are truly a large fraction of the World's *renewable* fresh water supply.

David Brzezinski, Ann Arbor, Michigan
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30 SECOND SUMMARY

Gartner Lee, the Canadian "environmental, science, economics, planning and engineering" consulting firm is now part of AECOM Technology Corporation headquartered in Los Angeles, California. Ron Portelli, Gartner Lee's VP Marketing and well-known for his active involvement in the Canadian environment industry has announced his departure to join the Alturki Group of Saudi Arabia. The annual revenues of the group are $350 million and $1.8 billion when joint ventures are included. He will be Managing Director of Alturki Environmental Services Company Ltd. focussing on environmental consulting services in Bahrain. Also as a member of the Alturki Group's corporate management team as Vice President, Environment Sector, he will build the Alturki Group's environmental portfolio through joint ventures focussed on the Middle East and India. Portelli, always a busy guy, will also be Chairman of a relatively new company in India called Clean Earth Consultancy Pvt. Ltd. Portelli is also on the Board of Directors of the Canada-Arab Business Council (CABC) which promotes commercial relations between Canadian and Middle Eastern and North African companies. Portelli will be at the Globe Conference in Vancouver March 12 14 and at the Post-Globe Conference of which he is Conference Chair in Toronto March 17-18.

Canada-Arab Business Council. http://www.canada-arabbusiness.org

Gartner Lee. Web site. with links to AECOM Technology Corporation. http://www.gartnerlee.com/main.cfm?lang=en
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BOOMERS PLAY A KEY ROLE IN GROWTH OF ORGANICS

GUELPH, Ontario, January 7, 2008 - Author of the national phenomenon, Boom, Bust & Echo, Dr. David Foot, will provide his insight on how Canada's shifting demographic will continue to influence the growth of organic agriculture in a keynote presentation at the 2008 Guelph Organic Conference, January 24-27, University of Guelph.

"Baby-boomers, particularly the 50-plus boomers, have driven the market for organic food and drink for the past decade and will continue to do so," says Dr. Foot, Professor of Economics at the University of Toronto. Boomers, born between 1946 and 1965, remain the largest group in the population: nearly one out of three Canadians was a baby-boomer in 2006, according to Statistics Canada.

They're more aware of health and well-being, he says, and as a result have contributed to growth of certified organic products in this country, tipping over $1 billion in retail sales in 2006. Boomers, together with their offspring or 'echo boomers' - born between 1980 and 1995, represent a huge potential for the Canadian organic industry, Dr. Foot says. However this good news comes with a proviso. "The organic industry needs a clear definition of what 'organic' is or my fear is that it may become a fragmented industry," says Dr. Foot.

The average consumer finds organic product claims confusing, he says. Does the word organic mean a form of agriculture that excludes herbicides, pesticides or antibiotics or does it mean agriculture produced in sustainable manner? If the definition includes environmental stewardship, what about the impact of air freighted organic food?

Dr. Foot maintains the organic 'brand' needs to be clearly defined and defended or it may head into trouble. "The demographics are all in the organic industry's favour for explosive growth, but there needs to be ownership of the brand."

Dr. Foot has also published Boom, Bust & Echo 2000: Profiting from the Demographic Shift in the New Millennium in 1999 and Boom, Bust & Echo: Profiting from the Demographic Shift in the 21st Century in 2001.

He will be speaking at the 2008 Guelph Organic Conference on January 26 at Rozanski Hall, University of Guelph, at 9:00 a.m. Entrance fee is $25 with on-line registration available at www.guelphorganicconf.ca

The Guelph Organic Conference includes a free table-top trade show, January 26-27, showcasing close to 160 exhibitors in various related businesses such as organic processors, certifiers, distributors and groups supporting organic production, many of whom offer samples of new organic products or products for purchase.

A full exhibitor list is available at: www.guelphorganicconf.ca/exhibitors08.html

The Guelph Organic Conference is one of North America's longest-running organic events. Started in 1982 by two international students studying agriculture at the University of Guelph, the Conference has grown to be a nexus of organic information for farmers, retailers, wholesalers, government officials and motivated consumers across the continent. Held annually in January, the Conference's programming includes international guest speakers, full-day training programs, introductory workshops and a free organic food sampling fair.
---
This space is a press release from the Guelph Organic Conference. GL thinks very highly of this event. Although Hugh Martin, the Ontario Ministry of Agriculture's organic lead is a key part of the conference, GL hopes that one year soon the minister and the more generic parts of the ministry will recognize what , innovative leaders the farmers, retailers, food processors and organizations are and how much they have achieved in pioneering the organic movement against all odds. GL's publisher Canadian Institute for Business and Environment produces Ecological Farming in Ontario EFO, the magazine of the Ecological Farmers Association of Ontario, a media sponsor of the event. EFAO is an official sponsor, participates on the Conference Committee and quite a few EFAO member farmers are speakers.
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LESTER BROWN

Lester Brown of the Earth Policy Institute has been analyzing the links between economics and environment for 40 years. Winner of many awards such as the Blue Planet award and the United Nations Environment Awards, Brown is one of the world's environmental titans. Originally a tomato farmer in New Jersey, he earned a degree in agriculture from Rutgers, lived in rural India for six months and worked as a international agriculture analyst at the US Department of Agriculture. After additional degrees, he became advisor to the Secretary of Agriculture and then Administrator of the International Agricultural Development Service. In 1969, he left to found the Overseas Development Council.

In 1974 with support from the Rockefeller Fund, he founded the Worldwatch Institute which produced annual State of the World reports from 1984 as well as the more succinct Vital Signs as well as World Watch magazine. Some called the reports alarmist but they provided statistics and analysis of threatening environmental trends. A few days ago, GL heard a bank analyst speak of economic trends and the demand created by 350 million people in the developing world buying to meet desires for a middle class lifestyle. Lester Brown has been writing about that issue for years in a vivid way. GL still remembers a chapter in one of his 50 earlier books about what happens when a billion Chinese eat just one more egg each.

He founded the Earth Policy Institute in 2001. In a series of books called Plan B, he has described the issues and his visions for solutions. The newest book Plan 3.0 sets out to reverse trends on four fronts: climate stabilization, population stabilization, poverty eradication and restoration of the earth's ecosystems.

An excerpt of his latest book Plan B 3.0 follows. Additional data and information sources at http://www.earthpolicy.org
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GUEST COLUMN: EXCERPT FROM PART OF CHAPTER 13: THE GREAT MOBILIZATION FROM PLAN B 3.0
by Lester Brown

There are many things we do not know about the future. But one thing we do know is that business as usual will not continue for much longer. Massive change is inevitable. Will the change come because we move quickly to restructure the economy or because we fail to act and civilization begins to unravel?

Saving civilization will take a massive mobilization, and at wartime speed. The closest analogy is the belated U.S. mobilization during World War II. But unlike that chapter in history, in which one country totally restructured its economy, the Plan B mobilization requires decisive action on a global scale.

On the climate front, official attention has now shifted to negotiating a post-Kyoto protocol to reduce carbon emissions. But this will take years. We need to act now. There is simply not time for years of negotiations and then more years for ratification of another international agreement.
...

We know from our analysis of global warming, from the accelerating deterioration of the economy's ecological supports, and from our projections of future resource use in China that the western economic model, the fossil-fuel-based, automobile-centered, throwaway economy, will not last much longer. We need to build a new economy, one that will be powered by renewable sources of energy, that will have a diversified transport system, and that will reuse and recycle everything.

We can describe this new economy in some detail. The question is how to get from here to there before time runs out. Can we reach the political tipping points that will enable us to cut carbon emissions before we reach the ecological tipping points where the melting of the Himalayan glaciers becomes irreversible? Will we be able to halt the deforestation of the Amazon before it dries out, becomes vulnerable to fire, and turns into wasteland?

What if, for example, three years from now scientists announced that we have waited too long to cut carbon emissions and that the melting of the Greenland ice sheet is irreversible? How would the realizations that we are responsble for a coming 7-meter (23-foot) rise in sea level and hundreds of millions of refugees from rising seas affect us? How would it affect our sense of self, our sense of who we are?

It could trigger a fracturing of society along generational lines like the more familiar fracturing of society along racial, religious, and ethnic lines. How will we respond to our children when they ask, "How could you do this to us?" How could you leave us facing such chaos?" These are questions we need to be thinking about now - because if we fail to act quickly enough, these are precisely the questions we will be asked.

As we have seen, a corporate accounting system that left costs off the books drove Enron, one of the largest U.S. corporations into bankruptcy. Unfortunately, our global economic accounting system that also leaves costs off the books has potentially far more serious consequences.

The key to building a global economy that can sustain economic progress is the creation of an honest market, one that tells the ecological truth. To create an honest market, we need to restructure the tax system by reducing taxes on work and raising them on various environmentally destructive activities to incorporate indirect costs into the market price.

If we can get the market to tell the truth, then we can avoid being blindsided by a faulty accounting system that leads to bankruptcy. As Oystein Dahle, former Vice President of Exxon of Norway and the North Sea, has observed: "Socialism collapsed because it did not allow the market to tell the economic truth. Capitalism may collapse because it does not allow the market to tell the ecological truth."

Reprinted with permission. Book released January 16. Brown, Lester. PLAN B 3.0. New York: W.W.Norton & Co, 2008. http;//www.earthpolicy.org/Books/PB3/index.htm Single copy: US$17 Paperback. Discounts for multiple copies
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BOOK: THE CULTURE OF FLUSHING

GL readers may not think they need a book that describes a history of flushing over the last couple of centuries in the US, Britain, and Canada, preferring to keep the contents of the flush both out of sight and mind. However, the new book The Culture of Flushing by Jamie Benidickson, from the Faculty of Law, University of Ottawa shows why it might be important to understand the past especially in regard to the ideas people hold about waste and water. The book explores the primary idea that people have had and, many still have, that water into which waste is flushed will purify itself. This idea has resulted in a "perilous fantasy that the planet was created for human convenience." In the case of Walkerton, Ontario in 2002, where people died and were seriously ill, the flushing of waste interconnecting to the drinking water brings the issue up to date.

Many of the legal decisions in the past related to the "inconvenience" for downstream landowners, industry or mill operators of waste dumping upstream. Judges concluded that it was inevitable that rivers must endure inconvenience so the right to pollute was entrenched in the legal system. It was common to think that streams and rivers that weren't being used for manufacturing or navigation were essentially going to waste. Ecological functions for water were not part of the legal framework. Flushing into water was used originally for all manner of waste, human and animal, for dumping from sawmill, slaughterhouse, textile mills, and tanning factories. When the pit privy and cesspools were replaced by sewage pipes, the idea of the solution to pollution being dilution was adopted fully in law. It was assumed that the ocean and large lakes such as the Great Lakes were so large that they would never become polluted. When Thomas C. Keefer was involved in the Montreal Waterworks in the nineteenth century, he surmised that it could be enlarged as necessary for future generations so long as in his words, "the St. Lawrence flows towards the sea" providing a professional opinion, according to Benidickson that "nature's bounty would be - in terms of water, at least - costless, unlimited, and eternal."

The book is part of an interdisciplinary series on the interaction of people with nature in North America. Series general editor Graeme Whynn wrote the Foreword. He tells of Dr. John Snow mapping cholera outbreaks in London in 1854 and finding more cases when water was supplied by Southwark & Vauxhall Water Company which supplied its districts from the Thames River near the more polluted Battersea area and fewer cases in districts supplied by the Lambeth Company which drew its water further upstream. His conclusions were at first regarded with scepticism.

Economics Trumps Ecosystem

The book explores the priority given in law to economic output at a higher level than environmental protection. For example, legislation often gave a license to riparian owners to build dams on as many non-navigable waters as possible. Sawmills, and gristmills were considered key to community infrastructure. Mill owners were seen as public benefactors and the mills, according to one judge, "enhances the value of land, advances its settlement and promotes general civilization." Fair compensation was to paid to downstream landowners but the pre-eminence was given to the mills. When judges assessed reasonable river use, they concerned themselves only with human effects, not the effects on the water systems themselves. Cumulative effects were not considered. Over time, even as laws were put in place, exemptions meant the impact on industry was minimal; penalties were insignificant so legislation had little deterrent effect.

Conflicts in law between the various interests, commercial and recreational fishing, other recreation, industry, navigation, agriculture are described in detail which draws out the underlying ideas held about nature. In one case, a company providing gas lighting argued that the citizens benefiting from the street lights gave tacit consent to the degradation of the river. When industrialists were charged with harming the waterways, they would highlight the economic benefit and dismiss the death of fish, "What's the loss of a few fish?". When Ottawa lumbermen lobbied against a bill which threatened to stop the dumping of sawdust which was blocking shipping, the industry reminded the legislators of "the size and significance of their industry, protesting the devasting impact of the legislation and arguing strongly that annual spring freshets removed sawdust, thereby eliminating any injury or adverse impact on navigation. "Businesses seeking to use the natural features tried to match the social benefits arguments. When a company wanted to use the whole waterfront for access to bathing machines, they argued that learning to swim was a social benefit: swimmers were more likely to come to the rescue of mariners in distress.

Benidickson lets the reader draw conclusions in sly headings of sub-chapters such as "Using, consuming and wasting the flow"or "Learning to live downstream" but generally doesn't beat one over the head to learn a lesson. There is lots in the book to lead one to think that things haven't changed as much as they should have by now. Then and now, sewage infrastructure is underbuilt and more development allowed than the systems can handle. This unique broad ranging book provides considerable insight into how our ideas have led to policies and laws which legalize serious environmental damage and encourages the reader to "acknowledge the impacts will generally extend far beyond the realm of inconvenience, and to concede that for badly underestimating environmental losses, there is a high price to pay."

Benidickson, Jamie. The Culture of Flushing: a social and legal history of Sewage. Vancouver, British Columbia: UBC Press, 2007. $85 Hardcover $29.95 trade paperback
http://www.ubcpress.ca/search/title_book.asp?BookID=4561 In Canada, order your copy of The Culture of Flushing from UTP Distribution In Canada order from: UTP Distribution 5201 Dufferin Street Toronto, Ontario M3H 5T8 Phone orders: 1 800 565-9523 or 416 667-7791 Fax orders: 1(800)221-9985 or (416)667-7832 Email: utpbooks{}utpress.utoronto.ca [replace brackets with symbol at]
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DAN JOHNSON AND CLIMATE CHANGE SCEPTIC: TIM BALL

In April 2006, Tim Ball, one of a group of well-known climate sceptics, wrote an op-ed piece on global warming at the request of [sic!] and for publication in the Calgary Herald.

Dan Johnson of the University of Lethbridge responded with a letter to the editor. Johnson is Professor of Environmental Science, Canada Research Chair in Sustainable Grassland Ecosystems in the Department of Geography, University of Lethbridge, Alberta. The newspaper changed the words Professor of Climatology to climatology professor without his permission but other than that the letter was printed as written. Ball went to court saying that a number of the comments were defamatory. Among comments included dates limiting the number of years Ball could have achieved professor status and lack of evidence of current research on climate and atmosphere. Ball stated that the defendants had refused to retract or apologize for the publication of what he called inaccuracies and defamatory statements. He sought $250,000 in general damages, specific damages for future loss of income, punitive and/or aggravated damages in the amount of $75,000, interest, costs and other relief.

When Johnson wrote the letter, he felt that he was respectful in drawing attention to the point that Tim Ball claims: that he was the first Ph.D in climatology in Canada, which Johnson says is an absurd claim as there were scores of trained climatologists before Ball. What concerned Johnson was whether the "an authority has experience and new knowledge (and publications) regarding the subject matter, i.e., atmospheric gases and climate.This is true in other fields, not just climate science and atmospheric physics. If someone has a degree in electrical engineering, or a geography degree with a thesis on the history of water crossings, and then claims to be the "First P. Eng. in Bridge Design in Canada", watch out. I think that the engineering associations would look into this." The letter stated, "He has not done sufficient research, study or publication of articles in the area of climate and atmosphere to give serious opinions with respect to global warming." When Johnson was sued, the academic community mainly ignored the lawsuit or noted it without comment. He said, "The Desmogblog and other blogs such as Deltoid made many interesting observations on the case."

Response to Ball's Claims of Defamation

Johnson filed an Affidavit of Records with 180 documents including records from the University of Winnipeg.

Johnson denied that any of the words used in his letter were defamatory or capable of being interpreted as such as itemized in Ball's Statement of Claim. Among the facts he presented were:
Johnson also noted that Ball's public statments show he does not understand the basic physics of atmosphere and climate, and that Ball is denying that global warming is occurring on the basis of denial alone and not on the basis of any scientific research. Ball has made it a regular practice to publish harsh attacks on the credentials and credibility of scientists concerned about the human influence on global warming.

Dan Johnson has published extensively in fields of agriculture, biometeorology, ecology, biogeography and the impacts of current and predicted climate; he is a Professor of Environmental Science who lectures on the topic of climate change and global warming in regular University classes and as a result of his published views, falls within the class of scientists whom Dr. Ball attacked in his op-ed piece as "having no professional credentials", but who spread "sensational views on climate change" for reasons of "politics" and whose "unscientific rhetoric is treated with reverence by a gullible public who rarely compare their doomsday assertions with real world climate science."

Johnson's submissions said he had a duty, - legal, social or moral - to communicate to the readers of the Calgary Herald and to defend himself and others from Ball's attack. The letter was written without malice and was fair comment, for example, newspapers ought to report factual summaries of authors' credentials. There are great gains to be made in science from conjectures and refutations, but sometimes denial is nothing more than denial. Johnson stated nothing in his letter to the editor was false or that Ball had a reputation as a noted climatologist or authority on global warming. Johnson says that the prior to the publication of the letter which is subject of the claim, Ball had already become notorious to those who knew of him as climate change denier who held unorthodox and scientifically unsupportable statements about climate and weather and continues to be the subject of other articles including on the Internet which deride his credentials and credibility on the subject of climate change.

The case has not been pursued.

Paid subscribers see links to original documents and references here.
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GL INTERVIEW WITH DAN JOHNSON

GL: Why did you get involved in rebutting Tim Ball's qualifications in the first place?
DJ: The public sometimes make a decision regarding what to believe, when it appears in opinion pieces, based on the qualifications and so on that are shown in the author's bio. When these are often repeated, and appear to be unique or superlative (and highly unlikely, as in the example of the first PhD in climatology, or a Professor for 28 or 32 years), they need to be clarified. I felt that this was especially true when the opinion piece was essentially just a attack on the qualifications of others (including the award-winning and very well informed author of The Weather Makers). Tim Ball's article was at
http://www.canada.com/components/print.aspx?id=d622e9fa-cdc8-4163-8292-a1a554f58f94%20

GL: How did this effect you?
DJ: I was fortunate to have legal financial support from James Hoggan and Associates in Vancouver. What they plan to do after this, I do not know. They run the Desmogblog, which has done a fine job of exposing the background and truth of climate change news and policies. Jim Hoggan gave an excellent conference talk on a related issue at the annual meeting of the Canadian Public Relations Society June 14, 2007 Edmonton, the invited speaker for the"Diana and Charles Tisdall Luncheon and Lecture".

GL: Any thoughts you may have in ensuring honesty in dissemination of scientific information?
DJ: Honesty is ensured in some of the same ways it is ensured in journalism, banking, etc. But more to the point in this case, the degree to which a result is to be believed, based on logic and evidence, is ensured by critical peer-review and publication in scientific journals of known high standards. We test hypotheses related to small unknown parts of the puzzles. We use 'theory' to refer to the body of knowledge around a topic, such as Gravitational Theory, Number Theory, Evolutionary Theory. Someone ignorant of this meaning might then say that science proceeds from theory to law, or something like Darwin's theory of evolution remains a theory even now.

GL: How did you feel when Tim Ball sued you, and subsequently when hedropped the suit?
DJ: I felt that what I said in my letter to the editor was factual, supported by the evidence, and fairly diplomatic.
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CALGARY UNIVERSITY: CONFLICTS IN FUNDING?

Jon Roe, features editor of the University of Calgary student newspaper, The Gauntlet wrote about the Friends of Science Society, a group Tim Ball (see above) is associated with. Roe wrote that FSS opposes Kyoto and doesn't believe human activity causes climate change. The group went to Ottawa with U of C Dr. Barry Cooper, professor in the political science department with a video Climate Catastrophe Cancelled. The original press release and the video included U of C name and Cooper seemed to be representing the University. There was some confusion about whether Cooper was given permission to use the University logo and name but these were later removed. The editor says, "This is just one example of many of the strange interactions between the U of C and the Friends." Apparently Cooper started the Science Education Fund at the U of C which was registered at the Calgary Foundation in 2005 and which supplied the FSS with its fundings. Donors to the fund are anonymous.

A radio campaign was also funded by the Science Education Fund; this ad was aired during a federal election and the editor says focussed on Ontario ridings where Liberal margins were slimmer. Kevin Grandhi, who manages the DeSmog blog which follows climate sceptics and industry front groups, has filed a complaint with Elections Canada which decides on whether third party ads must be registered with the chief electoral officer. Roe recommends that U of C ought to know where the money which flows though its charitable foundation goes. Any audit of the Science Education Fund should be made fully public and university members involved should be held accountable for any issues.

Roe also says any connection between the U of C and the Friends should be terminated as this organization is not a research group but rather, "They pay for people with questionable credentials to be flown around the country and give talks about subjects they aren't qualified to speak on and they discretely take money from oil companies to fund their anti-Kyoto, anti-global warming campaign."

Roe, Jon, Features Editor. Friends is a Four Letter Word. The Gauntlet - The University of Calgary's Student Newspaper. November 1, 2007.
http://gauntlet.ucalgary.ca/~gauntlet/eg/eg2/20071101/20071101.pdf
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INTERFERING WITH ARMS LENGTH INDEPENDENT GOVERNMENT AGENCIES

Quasi judicial agencies of the Government of Canada reporting to Parliament were established to ensure that certain parts of the government such as politicians and bureaucrats have some checks and balances to their decisions to protect the public interest. Canada's Auditor General Sheila Fraser was interviewed on CBC Radio's The House on January 19. She was asked about the firing of the Linda Keen, President and CEO of the Canadian Nuclear Safety Commission by Gary Lunn, Natural Resources Minister. Fraser said, "It is very important for all of us in those kinds of roles to have the independence in order to be effective in our roles." The CNSC is a quasi-judicial administrative tribunal mandated under the Nuclear Safety and Control Act to provide regulatory oversight of nuclear facilities.

Fraser said she hadn't experienced interference and GL believes her but cannot help but wonder whether the chill from the self-renamed 'New' Government of Canada so opposed to scientific evidence of climate change led to the her firing of the Commissioner for Environment and Sustainable Development, an event which has still not been fully explained..

Paid subscribers see links to original documents and references here.
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AUDIT OF AECL

Auditor General Sheila Fraser spoke of audits (on The Current see above) of AECL in 2002 and 2007. AECL had made progress on a plan to manage environmental liability with funding for five years but some other areas showed little progress:
This audit was discussed with the AECL board on September 5 2007 and then forwarded to the Minister of Natural Resources Gary Lunn's soon thereafter so the Minister if he had been paying attention ought to have been aware of problems at the Chalk River facility early on.

AECL as a Crown corporation, which is a company with the Government of Canada as the only shareholder. It does operate with some distance from the government but it manages its operations according to a corporate plan which the government approves annually, doesn't have any borrowing power and must obtain government approval for certain key decisions especially those requiring government funding. Any liabilities of AECL are essentially Canada's liabilities so the government has a high stake. It reports to Parliament through the Minister of Natural Resources. Funding for the replacing or refurbishing Chalk River is estimated by AECL to be over $600 million over the next five years or $850 million in the next ten. Over the last five years, the government has provided $34 million for urgent health, safety, security and environmental issues.

The Auditor-General Office does not conduct technical assessment of safety and security of the corporations nuclear facilities or waste management; this assessment is carried out by the Canadian Nuclear Safety Commission as part of its regulatory mandate.

Paid subscribers see links to original documents and references here.
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CHALK RIVER NUCLEAR REACTOR

Prime Minister Harper misrepresented the issue as a dispute between two independent (and by inference, two equal) agencies which ought to be able to reach some kind of consensus instead of bothering the government.* As one observer has commented that is like saying to the drug regulators that they ought to reach a consensus with the drug companies, who insist perhaps even legitimately that delays in drug approvals cost many lives or that some benefits outweigh the risks. Drug companies are required to 'present substantive scientific evidence of a product's safety, efficacy and quality as required by the Food and Drugs Act and Regulations.' Health Canada's drug approval process does not seek to reach consensus with the drug manufacturer who doesn't wish to provide enough evidence. (At least GL hopes not.) Regulators tell companies what the law requires of the corporation, some flexibility may be involved but regulators do not say, "Sure, no problem. You don't like the law, let's talk about it. If we can't agree, just do as much as you feel you can (afford, choose to do, get around to, etc), whatever.'

As a Crown corporation with the government required to approve the annual corporate plan (non-existent if GL is reading the Auditor-General's report correctly). AECL is not conducting its business, a highly risky one for health and the environment, well and the government isn't ensuring that it does. From the testimony of AECL spokespeople at a meeting with CNSC, the shutdown wasn't planned ahead and CNSC staff weren't supplied with the required information. One day after its shutdown on November 19, AECL decided on November 20 to stay shut to finally make the equipment changes which they told the CNSC they had already done when their license was renewed. CNSC received only a high-level plan for the shutdown workplan but no details. AECL apparently didn't think to plan for time delays: they had to order equipment and parts from around the world which they did after the shutdown began. It seems they may have skipped telling their major buyer as well.

While Parliamentarians seemed to be under the impression that the license deficiencies were minor, nothing to worry about, like a broken tail light on a car, one Conservative blogger wrote, Linda Keen told Parliament, "The commission had serious concerns regarding the safety of this 50-year-old nuclear reactor when its licence was ready to expire. When the commission considered the licence renewal application in the spring of 2006, it seriously questioned the safety of this NRU. Its decision, effective August 1, 2006, to grant this new licence was based on specific assurances by AECL that its safety case was complete and that the seven key safety upgrades were completed. That assurance turned out to be false.

GL does not agree that Parliamentarians made the right decision by undermining the nuclear safety regulator. However, the government has an onus, which GL thinks it did not fulfill, to provide Parliament with correct information especially in critical areas such as nuclear safety.

*Excerpt from House of Commons Debate. Wednesday December 12, 2007. http://www2.parl.gc.ca/HousePublications/Publicat...spx?Language=E&Mode=1&Parl=39&Ses=2&DocId=3209459
Right Hon. Stephen Harper (Prime Minister, CPC): Mr. Speaker, as the hon. member, I hope, knows, Atomic Energy of Canada Limited and the Canadian Nuclear Safety Commission are both agencies completely independent of the government. I think it is ridiculous that the government can only resolve an escalating dispute between those two agencies by actually coming to Parliament and passing a law. (1425)

Paid subscribers see links to original documents and references here.
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LINDA KEEN: HOW DO YOU DISPROVE PARTISANSHP

When Linda Keen came to the House of Commons, she tried to make very clear that the Canadian Nuclear Safety tribunal is non-partisan, "It is a court of record and it has a long history of regulating nuclear facilities. It is independent of all influence, be it political, governmental, private sector, or non-governmental organizations. It has no economic mandate."

Mr. Ted Menzies (MP Alberta McLeod) asked her a number of questions about her connections to the former government. She applied for jobs through the civil service which in Canada except for certain political appointees in the Prime Minister and cabinet offices continues through elections. Inevitably many people will have obtained their jobs during the term of a former government. At one point she said, "Yes, I would like to answer this question by saying that I am an Albertan. I was born in Alberta. I never belonged to any political party in my life. I joined the public service in fact when there was another government in power. I am saying that I am non-partisan. I serve with good behaviour. I have met every requirement of the Ethics Commissioner and I do my work on a non-partisan basis and I have no political affiliation."

The questions inevitably lead the reader to think Menzies was showing up Keen as a woman in a powerful job which she got only through political patronage, that she wouldn't get any such job in her own right because of her qualifications and skill (and GL observes guts). Even Don Martin of the National Post, normally a friend to conservative thinking, was critical, 'What about the unprovoked attack on on Canadian Nuclear Safety Commission chair Linda Keen as a Liberal-appointed hack? It was a particularly egregious character assault when it turned out the Conservative's patronage pick for Atomic Energy Canada president, one Michael Burns, quit to become the fall guy in the Chalk River shutdown fiasco.' GL isn't in favour of name calling but some around here have been heard muttering innovative ways of combining the names Harper and Putin, an expression illustrative of what columnist James Travis calls a growing trend towards 'democracy deficit' of this government.

At 10:00 p.m. on January 15 the night before she was to appear before a Parliamentary Committee (the Standing Committee of Natural Resources), Linda Keen received a letter from the Privy Council Office indicating that the government adopted an Order in Council terminating her designation as President of the Commission, effective immediately. The letter indicated that she was to remain a full-time permanent member of the Commission. It was her intention to appear before the Committee but did not do so.

Even critics of the Commission such as Norm Rubin, Nuclear Director of Energy Probe who ironically has said CNSC was too cozy with the nuclear industry was dismayed at this over-reach by the government.

From an environmental point of view, GL finds the lack of willingness to listen to advice from anybody (with a few very-politically loaded exceptions) without first trying to determine their level of loyalty to the Conservative Party or more probably to Harper himself is a consistent and serious problem of this government and harmful to the environment. How does one lone civil servant prove her professionalism to a government who discounts the evidence of 2000 Nobel-prize winning experts of the Intergovernmental Panel on Climate Change.

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CHIEF NUCLEAR PHYSICIST STEPHEN HARPER BOARDS THE GOOD SHIP TITANIC

Prime Minister Harper assured the House of Commons just before Parliamentarians chose to overrule the safety regulator requirement that AECL meet its license conditions, "There will be no nuclear accident."* This is an expression of an unfortunate mindset which he and some of his ministers have shown not for the first time in addressing other environmental issues such as climate change.

GL was thinking that the Prime Minister might need education on the meaning of accident prevention and has a couple of suggestions. One is viewing all the horrific ads of Ontario Workplace Safety and Insurance Board. The theme is "There really are no accidents." The storylines explore the idea that "Everybody has rights, roles and responsibilities that can help prevent all workplace injuries, illnesses and fatalities."

The other is an exhibit about the Titanic that was at the The Chicago Museum of Science and Industry a few years ago. Bruce Ismay succeeded in creating the world's most luxurious ship with palm courts and Parisian style cafes. But he thought that the Titanic's lifeboat decks were too cluttered and ordered the removal of 28 lifeboats. When the ship sank, he found space on one.

The Titanic left on its maiden voyage from Southampton, England on April 10, 1912. The Titanic was said to be the safest ship ever made but predictions can be wrong. The Museum says, "Errors in construction, design and naval judgement, including a captain who cancelled the mandatory lifeboat drill, led to her unfathomable sinking." On April 14, Captain Smith and the 2nd Officer Charles Lightoller agreed at 9:00 PM that they will see anything large enough to damage the ship in time to take action. Another ship the Californian comes upon the ice field and stopped to wait out the night; the Californian sent warnings to the Titanic but the Titanic's operator was backlogged and sent back a reply, "Shut up, shut up I'm busy." The crew on the Titanic's lookout had no binoculars because of confusion with the change of crew at Southhampton.. The Titanic has hit  the fastest speed it had ever travelled.. When the lookout finally saw the iceberg, the action of the officer is after all too late. The iceberg scrapes 300 feet of the Titanicm sinking the safest ship ever with 2,200 people onboard but lifeboats for only half of them. The lifeboats were thought to be needed only if the Titanic rescued survivors of other sinking ships. The heavy losses of one thousand five hundred twenty-two passengers and crew were said to be due to insufficient lifeboats and inadequate training in their use. And GL thinks a mindset inclined towards a belief in no risk.

*Excerpt from House of Commons Debate. Wednesday December 12, 2007.
http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=39&Ses=2&DocId=3209459
Right Hon. Stephen Harper (Prime Minister, CPC): Mr. Speaker, there will be no nuclear accident. What there will be is a growing crisis in the medical system in Canada and around the world if the Liberal Party continues to support the regulator obstructing this reactor from coming back online. [GL notes that the Canadian Medical Association estimates patients exceeding medically necessary wait times average 85 days (counting only when the patient has seen a specialist) to get an MRI scan in the normal situation with little expression of federal outrage and sense of crisis.]
(just past 1420)

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KEITH MARTIN CRAP EMBARRASSES DION

Liberal MP (Esquimalt-Juan de Fuca) Keith Martin is a medical doctor and his party's critic for the Canadian International Development Agency. His work for the environment has been well known and was officially recognized in 2001 when he was entered into the Rio Honour Roll of the Sierra Club of Canada, then presided over by Elizabeth May.

Now, however, Martin is taking more than a little crap for opposing sewage treatment for Victoria, BC. Currently, like some developing country nation, Victoria dumps its untreated sewage into the ocean.

While Liberal leader Stephane Dion insists that it is well past time for Victoria to treat its sewage, Martin says the call for sewage treatment is merely an emotional reaction and that dumping sewage into the ocean is environmentally sound (and cheap). Martin says that a lot of dumping has nothing to do with the sewage but includes solid waste and sediment containing carcinogens and heavy metals which the treatment will not remove. Martin is in deep doo doo for signing a letter opposing sewage treatment that was printed in Victoria's Times Colonist newspaper.

The mandated sewage treatment will cost $1.1 billion, of which the province has committed to pay a third. In a referendum, Victoria residents have already turned down sewage treatment because they feel it will cost hundreds of dollars extra in property taxes for each of the next 50 years and be a blight on the landscape. In 2006, the BC government ordered the municipality to implement sewage treatment or face regulation compelling an impossibly expensive clean up of the outfall site.

Denise Savoie, former Victoria City Councillor and winner of the 2005 Gallon Environment Letter EcoCouncillor of the Year award, celebrated her second year as the MP for Victoria on January 23, the first woman in that position. Unlike Martin, Savoie favours the building of the sewage treatment facility but wants to keep it a public facility rather than being privatized.

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