Sunshine Still Blocked at Penn State

 

 

by WALTER BRASCH

 

STATE COLLEGE, Pa.--The Penn State Board of Trustees, still sanctimonious in its public moral outrage, continues to violate state law.

The Board held a private three hour meeting, Wednesday evening [July 25] to discuss the NCAA sanctions and the role university president Dr. Rodney Erickson played in accepting the sanctions.

Erickson, according to the Centre Daily Times, had “accepted the sanctions after discussing them with advisors and some trustees, but not the entire board.”

The Pennsylvania Sunshine Act, which covers Penn State, requires that public agencies “shall give public notice of its first regular meeting of each calendar or fiscal year not less than three days in advance of the meeting and shall give public notice of the schedule of its remaining regular meetings.” For special meetings, the Sunshine Act requires an agency to give public notice at least 24 hours in advance. The law doesn’t require a public notice if an emergency meeting is declared, but there was no indication that anything the Board conducted in secret was an emergency, as defined under the Act. The Board gave no indication that the meeting was an executive session to discuss personnel issues or pending lawsuits.

The law also requires that, “Official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public.” None of the few exceptions permitted in state law seems to apply to the reason for the latest meeting.

Following the meeting, the Board issued a PR-soaked statement that the meeting was for a “discussion,” and that there was no vote. Apparently, the Board believes that “discussions” without a vote aren’t covered by the Sunshine Act, so it was free to hold yet another unpublicized secret meeting. The Board, as has been so often the case, was wrong.

The Sunshine Act defines a meeting as “Any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency held for the purpose of deliberating agency business or taking official action.” Discussions or the lack of a vote are not reasons for exemption. According to local media, at least 15 members of the 32-member board were in attendance at that meeting, with an unknown number possibly connected by telephone communications. A quorum is 13 members.

The Board, in the week prior to firing Coach Joe Paterno and President Graham Spanier in November, had conducted at least two illegal meetings and, in violation of its own rules and state requirements, failed to give Paterno or Spanier due process in their abrupt termination.

The pattern of the Board’s haughty disregard of state law and failure to provide transparency didn’t begin with the disclosure of Jerry Sandusky’s actions on the university campus, but has been obvious to even the most casual observer for years.

On the day after the Board held its latest meeting, Auditor General Jack Wagner, who had been conducting an independent investigation, called a news conference to announce that “the culture at the highest level of this university must change.” Wagner, calling for better “transparency and accountability,” charged that the Board and administration “operate[s] in an isolated fashion without any public scrutiny on certain very important decisions impacting the university.” The Board, said Wagner “cannot operate in secrecy.”

He also recommended that Penn State and the three other state-related universities (University of Pittsburgh, and Lincoln and Temple universities), all of which take state funds, be fully subjected to the state’s Right-to-Know Law. The state’s 14 state-owned universities are already covered by the Right-to-Know Law. (Penn State receives $300–400 million a year.)

Wagner also recommended the university president not be a member of the Board, citing the unusual situation of the president being an employee of the Board as well as a member of the governing body. He also recommended that the Governor, a voting member, become an ex-officio nonvoting member to avoid appearance of any conflicts of interest.

Gov. Tom Corbett has come under heavy opposition for what was at least a three year delay while he was attorney general in prosecuting Jerry Sandusky, although there was sufficient evidence to make an arrest; for taking about $600,000 in campaign donations from members of the Board of  Sandusky’s Second Mile Foundation and those associated with the Foundation; for awarding a $3 million state grant to the Foundation, which was later rescinded; and then, after his election as governor and a Board trustee, not only failing to inform the Board about Sandusky but then using his political muscle to sway the Board into making personnel decisions. Corbett, a Republican, is also suspected of having a personal vendetta against Paterno, a Republican who refused to endorse him for governor and who did endorse Barack Obama for the presidency. When questioned about his role in the scandal, Corbett has either ignored questions or lashed out against reporters who asked for clarification.

Corbett’s response to Wagner’s suggestions was relayed by his press secretary to the Philadelphia Inquirer. Without answering the issue raised by Wagner’s report, Kevin Harley said, “Jack Wagner can sit on the sidelines and take political shots, but the fact remains that Gov. Corbett was elected by the people of Pennsylvania.” Harley also attacked the auditor general’s suggestion about removing the governor as a voting member of the Penn State Board of Trustees as nothing more than “a proposal made by someone who ran for governor but lost.” Wagner never ran against Corbett, but in a Democratic primary.

Wagner, in a letter to the General Assembly, noted that formal recommendations would be made within 60 days.

In this case, the Pennsylvania legislature, as dysfunctional as it is bitterly partisan, should have little debate about making the state’s largest university more accountable to the people who support it.

[Assisting was Mary C. Marino, a former research librarian. Dr. Brasch spent four decades as a journalist and university professor. He is the recipient of the lifetime achievement award from the Pennsylvania Press Club and the author of 17 books. His latest book is the critically-acclaimed novel, Before the First Snow.]

 

 

FRACKING: Corruption a Part of Pennsylvania’s Heritage

 

by WALTER BRASCH

 

(part 3 of 3)

           

The history of energy exploration, mining, and delivery is best understood in a range from benevolent exploitation to worker and public oppression. A company comes into an area, leases land in rural and agricultural areas for mineral rights, increases employment, usually in a depressed economy, strips the land of its resources, creates health problems for its workers and those in the immediate area, and then leaves.

It makes no difference if it’s timber, oil, or coal. In the 1970s and 1980s, the nuclear energy industry promised well-paying jobs, clean energy, and a safe health and work environment. Chernobyl, Three Mile Island, Fukushima Daiichi, and thousands of violations issued by the Nuclear Regulatory Agency, have shown that even with strict operating guidelines, nuclear energy isn’t as clean and safe as claimed. Like all other energy industries, nuclear power isn’t infinite. Most plants have a 40–50 year life cycle. After that, the plant becomes so radioactive hot that it must be sealed.

In the early 21st century, the natural gas industry follows the model of the other energy corporations, and uses the same rhetoric. James M. Taylor, senior fellow at the Heartland Institute, claims on the Institute’s website, “The newfound abundance of domestic gas reserves promises unprecedented energy prosperity and security.”

The energy policy during the eight years of the George W. Bush–Dick Cheney administration was to give favored status to the industry, often at the expense of the environment. In addition to negating Bill Clinton’s strong support for the Kyoto Protocol, signed by 191 countries, to reduce greenhouse-gas emissions, former oil company executives Bush and Cheney pushed to open significant federal land, including the 19 million acre Arctic National Wildlife Refuge (ANWR), to drilling that would disrupt the ecological balance in one of the nation’s most pristine areas.

A study by the Environmental Protection Agency (EPA), published in 2004 concluded that fracking was of little or no risk to human health. However, Wes Wilson, a 30-year EPA environmental engineer, in a letter to members of Congress and the EPA inspector general, called that study “scientifically unsound,” and questioned the bias of the panel, noting that five of the seven members had significant ties to the industry. “EPA’s failure to regulate [fracking] appears to be improper under the Safe Water Drinking Act and may result in danger to public health and safety.”

The following year, the Energy Policy Act of 2005—on a 249–183 vote in the House and an 85–12 vote in the Senate—exempted the oil and natural gas industry from the Safe Water Drinking Act. That exemption applied to the “construction of new well pads and the accompanying new roads and pipelines.” The National Defense Resource Council noted that the EPA interpreted the exemption “as allowing unlimited discharges of sediment into the nation’s streams, even where those discharges contribute to a violation of state water quality standards.” The exemption became known derisively as the Halliburton Loophole, named for one of the nation’s major energy companies, of which Cheney, whose promotion of Big Business and opposition to environmental policies is well-documented, had once been the CEO.

Bills introduced in the U.S. House (H.R. 2766) and U.S. Senate (S. 1215) in June 2009 to give federal regulatory oversight under the Safe Water Drinking Act to hydraulic fracturing languished. New bills (H.R. 1084 and S. 587), introduced in March 2011 in the 112th Congress, are also expected to die without a vote.

The natural gas industry has a long history of effective lobbying at the state and national level. America’s Natural Gas Alliance has four former Congressmen as lobbyists, according to research by the Center for Responsive Politics (CRP). Through various political action committees (PACs), the industry has contributed about $238.7 million in campaign contributions, about three-fourths of it to Republican candidates, since 1990, according to the CRP. For the 2008 election, the gas and oil industry contributed $27.4 million, including contributions from individuals, PACs, and soft money, according to CRP data. Total contributions for the current election cycle, as of mid-March, are $20.6 million, with almost 90 percent of it going to Republicans.

At the federal level, the top recipients of oil and gas contributions during the current election cycle, according to the CRP, are former presidential hopeful Gov. Rick Perry of Texas ($833,674), Lt. Gov. David Dewhurst of Texas ($650,850), presidential hopeful Mitt Romney ($597,950), Senate Majority Leader Mitch McConnell ($264,700), and Sen. John Barasso of Wyoming ($225,400), a member of the Energy and Natural Resources Committee. Every one of the top 20 recipients is a Republican.

Barack Obama, although significantly more environmental friendly than his predecessor, had opened up off-shore drilling just prior to the BP oil spill in the Gulf Coast in April 2010. He has repeatedly spoken against the heavy use and dependence upon fossil fuels, and sees the expanded use of natural gas as a transition fuel to expanded use of wind and solar energy. Nevertheless, he has still received funding from the natural gas industry. During the 2008 presidential campaign, he received $920,922 from the oil and gas industry, according to data compiled by the CRP. His opponent, Sen. John McCain, according to CRP, accepted $2,543,154.

In contrast, the 1.4 million member Sierra Club, since August 2010, has refused to accept any donations from the natural gas industry. The Sierra Club, which has actively opposed the development of coal as an energy source, had received $27 million since 2007 from Chesapeake Energy. By 2010, “our view of natural gas [and fracking] had changed [and we] stopped the funding relationship between the Club and the gas industry, and all fossil fuel companies or executives,” says Michael Brune, Sierra’s executive director.

 

Mixed into Pennsylvania’s energy production is not only a symbiotic relationship of business and government, but a history of corruption and influence-peddling. Between 1859, when an economical method to drill for oil was developed near Titusville, Pa., and 1933, the beginning of Franklin D. Roosevelt’s “New Deal,” Pennsylvania, under almost continual Republican administration, was among the nation’s most corrupt states. The robber barons of the timber, oil, coal, steel, and transportation industries essentially bought their right to be unregulated. In addition to widespread bribery, the energy industries, especially coal, assured the election of preferred candidates by giving pre-marked ballots to workers, many of whom didn’t read English.

In a letter to the editor of The New York Times in March 2011, John Wilmer, a former attorney for the Pennsylvania Department of Environmental Protection (DEP), explained that “Pennsylvania’s shameful legacy of corruption and mismanagement caused 2,500 miles of streams to be totally dead from acid mine drainage; left many miles of scarred landscape; enriched the coal barons; and impoverished the local citizens.” His words serve as a warning about what is happening in the natural gas fields.

Pennsylvania’s new law that regulates and gives favorable treatment to the natural gas industry was initiated and passed by the Republican-controlled General Assembly and signed by Republican Gov. Tom Corbett. The House voted 101–90 for passage; the Senate voted, 31–19. Both votes were mostly along party lines.

In addition to forbidding physicians and health care professionals from disclosing what the industry believes are “trade secrets” in what it uses in fracking that may cause air and water pollution, there are other industry-favorable provisions. The new law guts local governments’ rights of zoning and long-term planning, doesn’t allow for local health and environmental regulation, forbids municipalities to appeal state decisions about well permits, and provides subsidies to the natural gas industry and payments for out-of-state workers to get housing but provides for no incentives or tax credits to companies to hire Pennsylvania workers. It also requires companies to provide fresh water, which can be bottled water, to areas in which they contaminate the water supply, but doesn’t require the companies to clean up the pollution or even to track transportation and deposit of contaminated wastewater. The law allows companies to place wells 300 feet from houses, streams and wetlands. The law also allows compressor stations to be placed 750 feet from houses, and gives natural gas companies authority to operate these stations continuously at up to 60 decibels, the equivalent of continuous conversation in restaurants. The noise level and constant artificial lighting has adverse effects upon wildlife. As a result of all the concessions, the natural gas industry is given special considerations not given any other business or industry in Pennsylvania.

Each well is expected to generate about $16 million during its lifetime, which can be as few as ten years, according to the Pennsylvania Budget and Policy Center (PBPC). The effective tax and impact fee is about 2 percent. Corbett had originally wanted no tax or impact fees placed upon natural gas drilling; as public discontent increased, he suggested a 1 percent tax, which was in the original House bill. In contrast, other states that allow natural gas fracking have tax rates as high as 7.5 percent of market value (Texas) and 25–50 percent of net income (Alaska). The Pennsylvania rate can vary, based upon the price of natural gas and inflation, but will still be among the five lowest of the 32 states that allow natural gas drilling. Over the lifetime of a well, Pennsylvania will collect about $190,000–$350,000, while West Virginia will collect about $993,700, Texas will collect about $878,500, and Arkansas will collect about $555,700, according to PBPC data and analyses.

State Sen. Daylin Leach, a Democrat from suburban Philadelphia, says he opposed the bill because, “At a time when we are closing our schools and eliminating vital human services, to leave billions on the table as a gift to industry that is already going to be making billions is obscene.” State Rep. Mark Cohen, a Democrat from Philadelphia, like most of the Democrats in the General Assembly, agrees. The legislation, he says, “produces far too little revenue for local communities, gives the local communities local taxing power which most of them do not want, because it pits one community against the other, and gives no revenue at all to other areas of the state.”

The new law is generally believed to be “payback” by Corbett and the Republican legislators for campaign contributions. The industry contributed about $7.2 million to Pennsylvania candidates and their PACs between 2000 and the end of 2010, including $860,825 to the Republican party and $129,100 to the Democratic party, according to data compiled by Common Cause. In addition, the natural gas industry contributed about $1.6 million to Corbett’s political campaigns during the past 10 years, about $1.1 million of that for his campaign for governor, according to Common Cause. Rep. Brian L. Ellis (R-Butler County), sponsor of the House bill, received $23,300. Sen. Joseph B. Scarnati (R- Warren, Pa.), the senate president pro-tempore who sponsored the companion Senate bill (SB 1100), received $293,334. Of the 20 Pennsylvania legislators who received the most money from the industry since 2001, 16 are Republicans, according to Common Cause.

Rep. H. William DeWeese (D-Waynesburg, Pa.), received $58,750, the most of the four Democrats. DeWeese, first elected in 1976, had been Speaker of the House and Democratic leader.

It’s possible that the significant campaign contributions didn’t influence Pennsylvania’s politicians to rush to embrace the natural gas industry and its controversial use of hydraulic fracking. It’s possible that these politicians had always believed in fracking, and the natural gas industry was merely contributing to the campaigns of those who believed as they do. However, with the heavy amount of money spent by the natural gas lobby and, apparently, willingly accepted by certain politicians, there is no way to know how they might have voted had no money or lobbying occurred.

Tom Corbett’s first major political appointment after his election in November 2010 was to name C. Alan Walker, an energy company executive, to head the Department of Community and Economic Development. The Pennsylvania Progressive identified Walker as “an ardent anti-environmentalist and someone who hates regulation of his industry.” A ProPublica investigation revealed that Walker had given $184,000 to Corbett’s political campaign.

Shortly after taking office, Corbett repealed environmental assessments of gas wells in state parks. The result could be as many as 2,200 well pads on almost 90 percent of all public lands, according to Nature Conservancy of Pennsylvania.

Corbett’s public announcements in March 2011, two months after his inauguration, established the direction for gas drilling in Pennsylvania.

In his first budget address, Corbett boldly declared he wanted to “make Penn­syl­va­nia the hub of this [drilling] boom. Just as the oil com­pa­nies decided to head­quar­ter in one of a dozen states with oil, let’s make Penn­syl­va­nia the Texas of the nat­ural gas boom. I’m deter­mined that Penn­syl­va­nia not lose this moment.” Lt. Gov. Jim Cawley would later boast, “The Marcellus [Shale] is revitalizing our main streets in downtowns.”

Within the budget bill, Corbett authorized Walker to “expedite any permit or action pending in any agency where the creation of jobs may be impacted.” This unprecedented reach apparently applied to all energy industries. That same month, Corbett created an Advisory Commission, loaded with persons from business and industry. Not one member was from the health professions; of the seven state agencies represented, not one member was from the Department of Health. 

Between 2007 and the end of 2010, the Pennsylvania Department of Environmental Protection (DEP) issued 1,435 violations to natural gas companies; 952 of those violations related to potential harm to the environment. In March, Michael Krancer, the new DEP secretary, also a political appointee, took personal control over his department’s issuance of any violations. By Krancer’s decree, every inspector could no longer cite any well owner in the Marcellus Shale development without first getting the approval of Krancer and his executive deputy secretary.

“It’s an extraordinary directive [that] represents a break from how business has been done” and politicizes the process, John Hanger told ProPublica. Hanger, DEP secretary under the Ed Rendell administration, said the new rules “will cause the public to lose confidence entirely in the inspection process.” He told the Scranton Times-Tribune the new policy was the equivalent of every trooper having to get permission from the state police commissioner before issuing a traffic citation.  Because the new policy is so unusual and broad “it’s impossible for something like this to be issued without the direction and knowledge of the governor’s office,” said Hanger. Corbett denied he was responsible for the decision. Five weeks after the Krancer decision was leaked to the media, and following a strong negative response from the public, environmental groups, and the state’s media, the DEP rescinded the policy—which Krancer claimed was only a three-month “pilot program.”

“When state agencies say they will ‘regulate’ or ‘monitor’ hydraulic fracturing to reduce known threats, we should not accept this as a guarantee of any kind,” says Eileen Fay, an animal rights/environmental writer. Fay argues that because of legislative corruption, it is a responsibility of citizens to protect their own health and environment by “putting pressure on our legislators.”

In February 2012, Corbett proudly signed Act 13, a merger of the House and Senate bills.

HB 1950 had initially included a provision to provide up to $2 million a year in funding to the Department of Health for “collecting and disseminating information, preparing and conducting  health care provider outreach and education and investigating health related complaints and other uses associated with unconventional natural gas production activity.” That provision, strongly supported by numerous public health and environmental groups, was deleted in the final bill.

The Pennsylvania Constitution (Article I, section 27) declares: “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

However, unlike New York state, which placed a moratorium on well permits while it is evaluating the health and environmental risks, Pennsylvania has rushed to embrace the natural gas industry and its use of fracking, apparently disregarding its own Constitution. The Susquehanna River Basin Commission has routinely approved requests from drillers to remove millions of gallons of water each day from the river, although the commissioners have not requested any health impact statements or undertaken a complete cumulative impact study, according to Iris Marie Bloom, an environmental writer and activist. Because of the nature of the Marcellus Shale deposit in Pennsylvania, as opposed to neighboring states, natural gas companies have to transport the wastewater to other states for re-use or disposal or take it to sewage treatment plants. The plants then discharge the treated wastewater into the state’s rivers. However, present methods can’t remove the salt and some other chemicals and radioactive elements. Currently, about 11 million gallons of wastewater a day are taken from the Susquehanna for fracking operations; about three times that amount is anticipated when fracking reaches its peak in the state, according to Paul Swartz, Commission executive director. In contrast, the Delaware River Basic Commission has put a moratorium on taking water from that river until studies have been completed.

Pennsylvania is “handing out permits almost like popcorn in a theater,” says Diane Siegmund, a psychologist from Towanda. Between Jan. 1, 2005 and March 2, 2012, the Pennsylvania Department of Environmental Protection issued 10,232 permits, and denied only 36 requests.

Siegmund is frustrated by what she sees not only as state government’s acceptance of fracking but of numerous local governments in the Marcellus Shale region from speaking out on behalf of the preservation of health and the environment. When she went to the Bradford County commissioners with stacks of research about problems with fracking, “all they did was to thank me and claim it’s not their problem.” She says residents are beginning to believe that local governments are operating in collusion with the energy companies.

But it isn’t just governments. The issue of fracking has divided towns like Dimock, Pa. In November 2009, 15 residents sued Cabot Oil and Gas, charging that the company contaminated their drinking water. Tests conducted by the DEP during the last years of the Ed Rendell administration had revealed there was higher than expected methane gas in 18 water wells that provided drinking water to 13 homes near the drills. The build-up of methane gas had also led to well explosions and DEP warnings to citizens to keep their windows open. Among the provisions of a consent order, the state required Cabot to provide fresh water to families whose water had been affected by the excess methane gas. Cabot denied its fracking operation was responsible for the elevated levels. On Nov. 30, 2011, after the DEP, now under the Tom Corbett administration, declared the water to be safe to drink, Cabot stopped delivering water.

And then something strange happened. The town of Binghamton, N.Y., about 35 miles north, said it would provide a tanker of fresh water. However, the supervisors of Dimock Twp., supported by most of the 140 residents who attended the meeting, most of them with some economic ties to the natural gas industry, refused the offer. According to reporting in the Scranton Times-Tribune, when Binghamton mayor Matthew T. Ryan asked “Why not let people help?” he was rebuffed by one of the township’s three supervisors who snapped, “Why should we haul them water? They got themselves into this. You keep your nose in Binghamton.”

In January 2012, after declaring that the water “contains levels of contaminants that pose a health concern,” the EPA decided it would bring water to residents in Dimock. The response by Cabot was that the EPA was wasting taxpayer money in its investigation of Cabot environmental and health practices. The response by Pennsylvania’s DEP was almost as inflammatory as the water in the taps. Michael Krancer, DEP’s head, not only disagreed with the EPA findings, he called the agency’s knowledge of fracking to be “rudimentary.”

In mid-March, following preliminary tests on several of the wells serving Dimock residents, the EPA found that the water “did not show levels of contamination that could present a health concern.” However, it acknowledged arsenic, some metals, and potentially explosive methane gas remained in the water. A ProPublica investigation revealed that four of the five water samples it obtained showed methane levels exceeding Pennsylvania standards.

“We are deeply troubled by Region 3’s rush to judge the science before testing is even complete, and by their apparent disregard for established standards of drinking water safety,” said Claire Sandberg, executive director of Water Defense. She questioned why EPA Region 3’s handling of the Dimock case differed from how other EPA regional offices handled similar cases in Texas and Wyoming when it didn’t release the information until all testing was completed. Dr. Ron Bishop, professor of biochemistry at SUNY/Oneonta, told ProPublica, “Any suggestion that water from these wells is safe for domestic use would be preliminary or inappropriate.”

The extraction of natural gas has also led to the development of other industries—and the exploitation of the people. In Jersey Shore, Pa., about 20 miles west of Williamsport, Aqua PVR bought a 37-unit mobile home village, with plans to build a water withdrawal plant to provide up to three million gallons a day to the natural gas industry. The day the purchase was completed on Feb. 23, 2012, Aqua told the residents their leases were terminated “immediately,” according to reporting in the Sun-Gazette. The company gave residents until May 1 to leave. To sweeten what may be seen as a callous corporate action, Aqua said it would give $2,500 to each resident who moved by April 1, and $1,500 if they moved by May 1. However, as the Sun-Gazette reported, the cost to move each mobile home ranged from $5,000 to $12,000. Many of the residents lived in the village more than a decade; one was there 38 years. The newspaper reported that most trailer parks in the area were already at maximum occupancy, and others would not accept the older trailers.

“Residents are afraid to speak up,” says Diane Siegmund, who points out there is “a lot of fear” among the residents, those whose lives are being uprooted, those whose health is being compromised, and those whose economic benefits may be compromised if fracking operations are reduced.

“As long as the powers can keep the people isolated and fragmented,” says Siegmund, “the momentum for change can never be gained.” The experience in Dimock and Jersey Shore is seen throughout the Marcellus Shale region.

It’s not unreasonable to expect people who are unemployed or underemployed to grasp for anything to help themselves and their families, nor is it unreasonable to expect that persons—roustabouts, clerks, truck drivers, helicopter pilots, among several hundred thousand in dozens of job classifications—will take better paid jobs, even if it often means 60 hour work weeks under hazardous conditions. It’s also not unreasonable to expect that families living in agricultural and rural areas, who are struggling to survive, will snap at the lure of several thousand dollars to lease mineral rights and some of their land to an energy company, which will also pay royalties. But what is unreasonable is that government allows corporations to flourish at the expense of the people and their environment.

The Sierra Club urges that the country needs “to leapfrog over gas whenever possible in favor of truly clean energy. Instead of rushing to see how quickly we can extract natural gas, we should be focusing on how to be sure we are using less—and safeguarding our health and environment in the meantime.”

Christopher Portier, director of the National Center for Environmental Health, calls for more research studies that “include all the ways people can be exposed [to health hazards], such as through air, water, soil, plants and animals.”

In November 2011, the Advisory Board of the U.S. Department of Energy concluded: “The public deserves assurance that the full economic, environmental and energy security benefits of shale gas development will be realized without sacrificing public health, environmental protection and safety.”

When the history of natural gas exploration in Pennsylvania is finally written, the story will be that it was a cheaper, cleaner energy source, and that it temporarily helped some people in rural areas, and brought some well-paying jobs into the state. But history will probably also record that the lure of immediate gratification led Pennsylvania’s politicians to willingly accept political donations that led them to sacrifice their citizens’ health and the state’s environment.

 [Assisting on this series, in addition to those quoted within the articles, were Rosemary R. Brasch, Eileen Fay, and Dr. Wendy Lynne Lee. Dr. Walter Brasch is an award-winning social issues journalist. His current book is Before the First Snow, a critically-acclaimed novel that looks at what happens when government and energy companies form a symbiotic relationship, using ‘cheaper, cleaner’ fuel and the lure of jobs in a depressed economy but at the expense of significant health and environmental impact. The book is available at amazon.com and from the publisher, Greeley & Stone.]

 

 

 

FRACKING: Corruption a Part of Pennsylvania’s Heritage

 

by WALTER BRASCH

 

(part 3 of 3)

           

The history of energy exploration, mining, and delivery is best understood in a range from benevolent exploitation to worker and public oppression. A company comes into an area, leases land in rural and agricultural areas for mineral rights, increases employment, usually in a depressed economy, strips the land of its resources, creates health problems for its workers and those in the immediate area, and then leaves.

It makes no difference if it’s timber, oil, or coal. In the 1970s and 1980s, the nuclear energy industry promised well-paying jobs, clean energy, and a safe health and work environment. Chernobyl, Three Mile Island, Fukushima Daiichi, and thousands of violations issued by the Nuclear Regulatory Agency, have shown that even with strict operating guidelines, nuclear energy isn’t as clean and safe as claimed. Like all other energy industries, nuclear power isn’t infinite. Most plants have a 40–50 year life cycle. After that, the plant becomes so radioactive hot that it must be sealed.

In the early 21st century, the natural gas industry follows the model of the other energy corporations, and uses the same rhetoric. James M. Taylor, senior fellow at the Heartland Institute, claims on the Institute’s website, “The newfound abundance of domestic gas reserves promises unprecedented energy prosperity and security.”

The energy policy during the eight years of the George W. Bush–Dick Cheney administration was to give favored status to the industry, often at the expense of the environment. In addition to negating Bill Clinton’s strong support for the Kyoto Protocol, signed by 191 countries, to reduce greenhouse-gas emissions, former oil company executives Bush and Cheney pushed to open significant federal land, including the 19 million acre Arctic National Wildlife Refuge (ANWR), to drilling that would disrupt the ecological balance in one of the nation’s most pristine areas.

A study by the Environmental Protection Agency (EPA), published in 2004 concluded that fracking was of little or no risk to human health. However, Wes Wilson, a 30-year EPA environmental engineer, in a letter to members of Congress and the EPA inspector general, called that study “scientifically unsound,” and questioned the bias of the panel, noting that five of the seven members had significant ties to the industry. “EPA’s failure to regulate [fracking] appears to be improper under the Safe Water Drinking Act and may result in danger to public health and safety.”

The following year, the Energy Policy Act of 2005—on a 249–183 vote in the House and an 85–12 vote in the Senate—exempted the oil and natural gas industry from the Safe Water Drinking Act. That exemption applied to the “construction of new well pads and the accompanying new roads and pipelines.” The National Defense Resource Council noted that the EPA interpreted the exemption “as allowing unlimited discharges of sediment into the nation’s streams, even where those discharges contribute to a violation of state water quality standards.” The exemption became known derisively as the Halliburton Loophole, named for one of the nation’s major energy companies, of which Cheney, whose promotion of Big Business and opposition to environmental policies is well-documented, had once been the CEO.

Bills introduced in the U.S. House (H.R. 2766) and U.S. Senate (S. 1215) in June 2009 to give federal regulatory oversight under the Safe Water Drinking Act to hydraulic fracturing languished. New bills (H.R. 1084 and S. 587), introduced in March 2011 in the 112th Congress, are also expected to die without a vote.

The natural gas industry has a long history of effective lobbying at the state and national level. America’s Natural Gas Alliance has four former Congressmen as lobbyists, according to research by the Center for Responsive Politics (CRP). Through various political action committees (PACs), the industry has contributed about $238.7 million in campaign contributions, about three-fourths of it to Republican candidates, since 1990, according to the CRP. For the 2008 election, the gas and oil industry contributed $27.4 million, including contributions from individuals, PACs, and soft money, according to CRP data. Total contributions for the current election cycle, as of mid-March, are $20.6 million, with almost 90 percent of it going to Republicans.

At the federal level, the top recipients of oil and gas contributions during the current election cycle, according to the CRP, are former presidential hopeful Gov. Rick Perry of Texas ($833,674), Lt. Gov. David Dewhurst of Texas ($650,850), presidential hopeful Mitt Romney ($597,950), Senate Majority Leader Mitch McConnell ($264,700), and Sen. John Barasso of Wyoming ($225,400), a member of the Energy and Natural Resources Committee. Every one of the top 20 recipients is a Republican.

Barack Obama, although significantly more environmental friendly than his predecessor, had opened up off-shore drilling just prior to the BP oil spill in the Gulf Coast in April 2010. He has repeatedly spoken against the heavy use and dependence upon fossil fuels, and sees the expanded use of natural gas as a transition fuel to expanded use of wind and solar energy. Nevertheless, he has still received funding from the natural gas industry. During the 2008 presidential campaign, he received $920,922 from the oil and gas industry, according to data compiled by the CRP. His opponent, Sen. John McCain, according to CRP, accepted $2,543,154.

In contrast, the 1.4 million member Sierra Club, since August 2010, has refused to accept any donations from the natural gas industry. The Sierra Club, which has actively opposed the development of coal as an energy source, had received $27 million since 2007 from Chesapeake Energy. By 2010, “our view of natural gas [and fracking] had changed [and we] stopped the funding relationship between the Club and the gas industry, and all fossil fuel companies or executives,” says Michael Brune, Sierra’s executive director.

 

Mixed into Pennsylvania’s energy production is not only a symbiotic relationship of business and government, but a history of corruption and influence-peddling. Between 1859, when an economical method to drill for oil was developed near Titusville, Pa., and 1933, the beginning of Franklin D. Roosevelt’s “New Deal,” Pennsylvania, under almost continual Republican administration, was among the nation’s most corrupt states. The robber barons of the timber, oil, coal, steel, and transportation industries essentially bought their right to be unregulated. In addition to widespread bribery, the energy industries, especially coal, assured the election of preferred candidates by giving pre-marked ballots to workers, many of whom didn’t read English.

In a letter to the editor of The New York Times in March 2011, John Wilmer, a former attorney for the Pennsylvania Department of Environmental Protection (DEP), explained that “Pennsylvania’s shameful legacy of corruption and mismanagement caused 2,500 miles of streams to be totally dead from acid mine drainage; left many miles of scarred landscape; enriched the coal barons; and impoverished the local citizens.” His words serve as a warning about what is happening in the natural gas fields.

Pennsylvania’s new law that regulates and gives favorable treatment to the natural gas industry was initiated and passed by the Republican-controlled General Assembly and signed by Republican Gov. Tom Corbett. The House voted 101–90 for passage; the Senate voted, 31–19. Both votes were mostly along party lines.

In addition to forbidding physicians and health care professionals from disclosing what the industry believes are “trade secrets” in what it uses in fracking that may cause air and water pollution, there are other industry-favorable provisions. The new law guts local governments’ rights of zoning and long-term planning, doesn’t allow for local health and environmental regulation, forbids municipalities to appeal state decisions about well permits, and provides subsidies to the natural gas industry and payments for out-of-state workers to get housing but provides for no incentives or tax credits to companies to hire Pennsylvania workers. It also requires companies to provide fresh water, which can be bottled water, to areas in which they contaminate the water supply, but doesn’t require the companies to clean up the pollution or even to track transportation and deposit of contaminated wastewater. The law allows companies to place wells 300 feet from houses, streams and wetlands. The law also allows compressor stations to be placed 750 feet from houses, and gives natural gas companies authority to operate these stations continuously at up to 60 decibels, the equivalent of continuous conversation in restaurants. The noise level and constant artificial lighting has adverse effects upon wildlife. As a result of all the concessions, the natural gas industry is given special considerations not given any other business or industry in Pennsylvania.

Each well is expected to generate about $16 million during its lifetime, which can be as few as ten years, according to the Pennsylvania Budget and Policy Center (PBPC). The effective tax and impact fee is about 2 percent. Corbett had originally wanted no tax or impact fees placed upon natural gas drilling; as public discontent increased, he suggested a 1 percent tax, which was in the original House bill. In contrast, other states that allow natural gas fracking have tax rates as high as 7.5 percent of market value (Texas) and 25–50 percent of net income (Alaska). The Pennsylvania rate can vary, based upon the price of natural gas and inflation, but will still be among the five lowest of the 32 states that allow natural gas drilling. Over the lifetime of a well, Pennsylvania will collect about $190,000–$350,000, while West Virginia will collect about $993,700, Texas will collect about $878,500, and Arkansas will collect about $555,700, according to PBPC data and analyses.

State Sen. Daylin Leach, a Democrat from suburban Philadelphia, says he opposed the bill because, “At a time when we are closing our schools and eliminating vital human services, to leave billions on the table as a gift to industry that is already going to be making billions is obscene.” State Rep. Mark Cohen, a Democrat from Philadelphia, like most of the Democrats in the General Assembly, agrees. The legislation, he says, “produces far too little revenue for local communities, gives the local communities local taxing power which most of them do not want, because it pits one community against the other, and gives no revenue at all to other areas of the state.”

The new law is generally believed to be “payback” by Corbett and the Republican legislators for campaign contributions. The industry contributed about $7.2 million to Pennsylvania candidates and their PACs between 2000 and the end of 2010, including $860,825 to the Republican party and $129,100 to the Democratic party, according to data compiled by Common Cause. In addition, the natural gas industry contributed about $1.6 million to Corbett’s political campaigns during the past 10 years, about $1.1 million of that for his campaign for governor, according to Common Cause. Rep. Brian L. Ellis (R-Butler County), sponsor of the House bill, received $23,300. Sen. Joseph B. Scarnati (R- Warren, Pa.), the senate president pro-tempore who sponsored the companion Senate bill (SB 1100), received $293,334. Of the 20 Pennsylvania legislators who received the most money from the industry since 2001, 16 are Republicans, according to Common Cause.

Rep. H. William DeWeese (D-Waynesburg, Pa.), received $58,750, the most of the four Democrats. DeWeese, first elected in 1976, had been Speaker of the House and Democratic leader.

It’s possible that the significant campaign contributions didn’t influence Pennsylvania’s politicians to rush to embrace the natural gas industry and its controversial use of hydraulic fracking. It’s possible that these politicians had always believed in fracking, and the natural gas industry was merely contributing to the campaigns of those who believed as they do. However, with the heavy amount of money spent by the natural gas lobby and, apparently, willingly accepted by certain politicians, there is no way to know how they might have voted had no money or lobbying occurred.

Tom Corbett’s first major political appointment after his election in November 2010 was to name C. Alan Walker, an energy company executive, to head the Department of Community and Economic Development. The Pennsylvania Progressive identified Walker as “an ardent anti-environmentalist and someone who hates regulation of his industry.” A ProPublica investigation revealed that Walker had given $184,000 to Corbett’s political campaign.

Shortly after taking office, Corbett repealed environmental assessments of gas wells in state parks. The result could be as many as 2,200 well pads on almost 90 percent of all public lands, according to Nature Conservancy of Pennsylvania.

Corbett’s public announcements in March 2011, two months after his inauguration, established the direction for gas drilling in Pennsylvania.

In his first budget address, Corbett boldly declared he wanted to “make Penn­syl­va­nia the hub of this [drilling] boom. Just as the oil com­pa­nies decided to head­quar­ter in one of a dozen states with oil, let’s make Penn­syl­va­nia the Texas of the nat­ural gas boom. I’m deter­mined that Penn­syl­va­nia not lose this moment.” Lt. Gov. Jim Cawley would later boast, “The Marcellus [Shale] is revitalizing our main streets in downtowns.”

Within the budget bill, Corbett authorized Walker to “expedite any permit or action pending in any agency where the creation of jobs may be impacted.” This unprecedented reach apparently applied to all energy industries. That same month, Corbett created an Advisory Commission, loaded with persons from business and industry. Not one member was from the health professions; of the seven state agencies represented, not one member was from the Department of Health. 

Between 2007 and the end of 2010, the Pennsylvania Department of Environmental Protection (DEP) issued 1,435 violations to natural gas companies; 952 of those violations related to potential harm to the environment. In March, Michael Krancer, the new DEP secretary, also a political appointee, took personal control over his department’s issuance of any violations. By Krancer’s decree, every inspector could no longer cite any well owner in the Marcellus Shale development without first getting the approval of Krancer and his executive deputy secretary.

“It’s an extraordinary directive [that] represents a break from how business has been done” and politicizes the process, John Hanger told ProPublica. Hanger, DEP secretary under the Ed Rendell administration, said the new rules “will cause the public to lose confidence entirely in the inspection process.” He told the Scranton Times-Tribune the new policy was the equivalent of every trooper having to get permission from the state police commissioner before issuing a traffic citation.  Because the new policy is so unusual and broad “it’s impossible for something like this to be issued without the direction and knowledge of the governor’s office,” said Hanger. Corbett denied he was responsible for the decision. Five weeks after the Krancer decision was leaked to the media, and following a strong negative response from the public, environmental groups, and the state’s media, the DEP rescinded the policy—which Krancer claimed was only a three-month “pilot program.”

“When state agencies say they will ‘regulate’ or ‘monitor’ hydraulic fracturing to reduce known threats, we should not accept this as a guarantee of any kind,” says Eileen Fay, an animal rights/environmental writer. Fay argues that because of legislative corruption, it is a responsibility of citizens to protect their own health and environment by “putting pressure on our legislators.”

In February 2012, Corbett proudly signed Act 13, a merger of the House and Senate bills.

HB 1950 had initially included a provision to provide up to $2 million a year in funding to the Department of Health for “collecting and disseminating information, preparing and conducting  health care provider outreach and education and investigating health related complaints and other uses associated with unconventional natural gas production activity.” That provision, strongly supported by numerous public health and environmental groups, was deleted in the final bill.

The Pennsylvania Constitution (Article I, section 27) declares: “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

However, unlike New York state, which placed a moratorium on well permits while it is evaluating the health and environmental risks, Pennsylvania has rushed to embrace the natural gas industry and its use of fracking, apparently disregarding its own Constitution. The Susquehanna River Basin Commission has routinely approved requests from drillers to remove millions of gallons of water each day from the river, although the commissioners have not requested any health impact statements or undertaken a complete cumulative impact study, according to Iris Marie Bloom, an environmental writer and activist. Because of the nature of the Marcellus Shale deposit in Pennsylvania, as opposed to neighboring states, natural gas companies have to transport the wastewater to other states for re-use or disposal or take it to sewage treatment plants. The plants then discharge the treated wastewater into the state’s rivers. However, present methods can’t remove the salt and some other chemicals and radioactive elements. Currently, about 11 million gallons of wastewater a day are taken from the Susquehanna for fracking operations; about three times that amount is anticipated when fracking reaches its peak in the state, according to Paul Swartz, Commission executive director. In contrast, the Delaware River Basic Commission has put a moratorium on taking water from that river until studies have been completed.

Pennsylvania is “handing out permits almost like popcorn in a theater,” says Diane Siegmund, a psychologist from Towanda. Between Jan. 1, 2005 and March 2, 2012, the Pennsylvania Department of Environmental Protection issued 10,232 permits, and denied only 36 requests.

Siegmund is frustrated by what she sees not only as state government’s acceptance of fracking but of numerous local governments in the Marcellus Shale region from speaking out on behalf of the preservation of health and the environment. When she went to the Bradford County commissioners with stacks of research about problems with fracking, “all they did was to thank me and claim it’s not their problem.” She says residents are beginning to believe that local governments are operating in collusion with the energy companies.

But it isn’t just governments. The issue of fracking has divided towns like Dimock, Pa. In November 2009, 15 residents sued Cabot Oil and Gas, charging that the company contaminated their drinking water. Tests conducted by the DEP during the last years of the Ed Rendell administration had revealed there was higher than expected methane gas in 18 water wells that provided drinking water to 13 homes near the drills. The build-up of methane gas had also led to well explosions and DEP warnings to citizens to keep their windows open. Among the provisions of a consent order, the state required Cabot to provide fresh water to families whose water had been affected by the excess methane gas. Cabot denied its fracking operation was responsible for the elevated levels. On Nov. 30, 2011, after the DEP, now under the Tom Corbett administration, declared the water to be safe to drink, Cabot stopped delivering water.

And then something strange happened. The town of Binghamton, N.Y., about 35 miles north, said it would provide a tanker of fresh water. However, the supervisors of Dimock Twp., supported by most of the 140 residents who attended the meeting, most of them with some economic ties to the natural gas industry, refused the offer. According to reporting in the Scranton Times-Tribune, when Binghamton mayor Matthew T. Ryan asked “Why not let people help?” he was rebuffed by one of the township’s three supervisors who snapped, “Why should we haul them water? They got themselves into this. You keep your nose in Binghamton.”

In January 2012, after declaring that the water “contains levels of contaminants that pose a health concern,” the EPA decided it would bring water to residents in Dimock. The response by Cabot was that the EPA was wasting taxpayer money in its investigation of Cabot environmental and health practices. The response by Pennsylvania’s DEP was almost as inflammatory as the water in the taps. Michael Krancer, DEP’s head, not only disagreed with the EPA findings, he called the agency’s knowledge of fracking to be “rudimentary.”

In mid-March, following preliminary tests on several of the wells serving Dimock residents, the EPA found that the water “did not show levels of contamination that could present a health concern.” However, it acknowledged arsenic, some metals, and potentially explosive methane gas remained in the water. A ProPublica investigation revealed that four of the five water samples it obtained showed methane levels exceeding Pennsylvania standards.

“We are deeply troubled by Region 3’s rush to judge the science before testing is even complete, and by their apparent disregard for established standards of drinking water safety,” said Claire Sandberg, executive director of Water Defense. She questioned why EPA Region 3’s handling of the Dimock case differed from how other EPA regional offices handled similar cases in Texas and Wyoming when it didn’t release the information until all testing was completed. Dr. Ron Bishop, professor of biochemistry at SUNY/Oneonta, told ProPublica, “Any suggestion that water from these wells is safe for domestic use would be preliminary or inappropriate.”

The extraction of natural gas has also led to the development of other industries—and the exploitation of the people. In Jersey Shore, Pa., about 20 miles west of Williamsport, Aqua PVR bought a 37-unit mobile home village, with plans to build a water withdrawal plant to provide up to three million gallons a day to the natural gas industry. The day the purchase was completed on Feb. 23, 2012, Aqua told the residents their leases were terminated “immediately,” according to reporting in the Sun-Gazette. The company gave residents until May 1 to leave. To sweeten what may be seen as a callous corporate action, Aqua said it would give $2,500 to each resident who moved by April 1, and $1,500 if they moved by May 1. However, as the Sun-Gazette reported, the cost to move each mobile home ranged from $5,000 to $12,000. Many of the residents lived in the village more than a decade; one was there 38 years. The newspaper reported that most trailer parks in the area were already at maximum occupancy, and others would not accept the older trailers.

“Residents are afraid to speak up,” says Diane Siegmund, who points out there is “a lot of fear” among the residents, those whose lives are being uprooted, those whose health is being compromised, and those whose economic benefits may be compromised if fracking operations are reduced.

“As long as the powers can keep the people isolated and fragmented,” says Siegmund, “the momentum for change can never be gained.” The experience in Dimock and Jersey Shore is seen throughout the Marcellus Shale region.

It’s not unreasonable to expect people who are unemployed or underemployed to grasp for anything to help themselves and their families, nor is it unreasonable to expect that persons—roustabouts, clerks, truck drivers, helicopter pilots, among several hundred thousand in dozens of job classifications—will take better paid jobs, even if it often means 60 hour work weeks under hazardous conditions. It’s also not unreasonable to expect that families living in agricultural and rural areas, who are struggling to survive, will snap at the lure of several thousand dollars to lease mineral rights and some of their land to an energy company, which will also pay royalties. But what is unreasonable is that government allows corporations to flourish at the expense of the people and their environment.

The Sierra Club urges that the country needs “to leapfrog over gas whenever possible in favor of truly clean energy. Instead of rushing to see how quickly we can extract natural gas, we should be focusing on how to be sure we are using less—and safeguarding our health and environment in the meantime.”

Christopher Portier, director of the National Center for Environmental Health, calls for more research studies that “include all the ways people can be exposed [to health hazards], such as through air, water, soil, plants and animals.”

In November 2011, the Advisory Board of the U.S. Department of Energy concluded: “The public deserves assurance that the full economic, environmental and energy security benefits of shale gas development will be realized without sacrificing public health, environmental protection and safety.”

When the history of natural gas exploration in Pennsylvania is finally written, the story will be that it was a cheaper, cleaner energy source, and that it temporarily helped some people in rural areas, and brought some well-paying jobs into the state. But history will probably also record that the lure of immediate gratification led Pennsylvania’s politicians to willingly accept political donations that led them to sacrifice their citizens’ health and the state’s environment.

 [Assisting on this series, in addition to those quoted within the articles, were Rosemary R. Brasch, Eileen Fay, and Dr. Wendy Lynne Lee. Dr. Walter Brasch is an award-winning social issues journalist. His current book is Before the First Snow, a critically-acclaimed novel that looks at what happens when government and energy companies form a symbiotic relationship, using ‘cheaper, cleaner’ fuel and the lure of jobs in a depressed economy but at the expense of significant health and environmental impact. The book is available at amazon.com and from the publisher, Greeley & Stone.]

 

 

 

Labor Not Represented in Management of the 'People's Universities'

 

by Walter Brasch

 

 Although more than one million Pennsylvanians are members of labor unions, and the state has a long history of worker exploitation and union activism, neither of the two largest university systems has a labor representative on its governing board.

The only labor representative on the Board of Governors of the State System of Higher Education (SSHE) in its 28 year history was Julius Uehlein, who served 1988–1995 while Pennsylvania AFL–CIO president. The appointment was made by Gov. Robert P. Casey, a Democrat.

Only two persons have ever represented labor on Penn State’s Board of Trustees. Gov. Milton Shapp, a Democrat, appointed Harry Boyer, the state AFL–CIO president, in 1973. Shortly after Boyer retired in 1988, he resigned as a trustee. Richard Trumka, a Penn State alumnus and Villanova law school graduate, now the national AFL–CIO president, served as a trustee, 1983–1995, while president of the United Mine Workers. He was first appointed by Gov. Dick Thornburgh, a Republican, reappointed by Gov. Casey, and not reappointed when Tom Ridge, a Republican, became governor.

The 32-member Penn State Board of Trustees is divided into five groups: ex-officio members (6), Governor appointments (6), members elected by the Alumni Association (8), Business and Industry members (6), and elected members from Agriculture (6). The Agriculture representation dates to 1862 when Penn State (at that time known as Farmer’s High School) was one of the first two land grant institutions; the land grant institutions were created to provide advanced education in agriculture and the sciences. Currently, 15 members either are or were CEOs. Among them are the CEOs of U.S. Steel and Merck. One of the ex-officio members is the Penn State president, which creates an interesting potential for a conflict-of-interest. Except for one student representative, most of the rest are lawyers or senior corporate or public agency executives. Only six members are women, only three are members of minority classes.

The lack of diversity became an issue this week when the Faculty Senate called for a more diverse board. The challenge to the Trustees was unusual because the Senate “has always been a relatively non-confrontational group,” according to Dr. Paul Clark, head of the university’s prestigious Department of Labor Studies and Employment Relations, who had served as a senator for 15 years. However, child molestation charges against former assistant football coach Jerry Sandusky, combined with how poorly the university administration and the secrecy-clad Trustees handled the problem, exposed the university and trustees to additional scrutiny.

“Because of the number of union members in Pennsylvania, and the need to have working people’s issues and perspectives represented on the board, we always thought it made a lot of sense for that constituency [working class] to be represented on the trustees,” says Dr. Clark.

At one time, Penn State had an active labor studies advisory committee, dating back to the early 1950s when Milton Eisenhower was the university president. That committee met at least four times a year and “was well respected,” says Irwin Aronson, general counsel for the Pennsylvania AFL–CIO, and a Penn State labor studies graduate. After Dr. Graham Spanier became president in 1995, the committee quickly dissolved because “he didn’t seem to have much interest in it,” says Richard Bloomingdale, Pennsylvania AFL–CIO president. There is no doubt, says Aronson, that “the previously warm relationship between labor and Penn State’s administration collapsed under Dr. Spanier’s administration.” Bloomingdale says he hopes Rodney Erickson, Penn State’s newly-appointed president, will see the necessity to reinstate the committee.

Penn State also has what may be the state’s premiere collection of labor history primary source documents, especially from the coal region. The letters, notes, diaries and other materials are archived in the Paterno Library.

 Penn State is a state-related private university which received $279 million in state funding for the current fiscal year; it has 94,000 students on its 24 campuses, with 44,000 of the students enrolled on its main campus. About 3,000 Penn State staff (mostly those working in maintenance, physical plant, dormitories, and the cafeteria) are members of the Teamsters. About 1,300 registered nurses, including those of the Hershey Medical Center, are members of the Service Employees International Union. However, there is no faculty union at Penn State. Part of the problem, says Dr. Clark, is that faculty in the large business and agriculture colleges, plus those in engineering and science, tend not to have strong union loyalties; those in the liberal arts tend to have more acceptance of the value of unions.

SSHE, the larger of the two systems, has 120,000 students enrolled in 14 universities. Its 20-member Board of Governors isn’t much more diverse than Penn State’s. The Board has three student representatives who are appointed by the Board after being nominated by the presidents of the 14 universities. However, because of the way the students are nominated by presidents of the individual campuses and then selected by the Board of Governors, most usually have views similar to what the administration sees as mainstream and acceptable. Membership also includes four legislators, selected from each political caucus (Democrat and Republican caucuses in the House and Senate) and the secretary of the Department of Education; the rest are appointed by the Governor, with the consent of the state senate. Gov. Tom Corbett and his designated representative, Jennifer Branstetter, a public relations executive, serve on both Penn State and SSHE boards. Most of the other members are lawyers or senior business executives. One of them, Kenneth M. Jarin, who served as chair for six years and is currently a member, is a lawyer who represents management in labor issues.

The lack of at least one representative of labor on the SSHE Board of Governors is because of “a lack of sensitivity to the labor point of view,” says Dr. Stephen Hicks, president of the Association of Pennsylvania State College & University Faculties (APSCUF), which represents 6,400 faculty. Dr. Hicks, who has tried to get the Board to include a faculty member, says that when a Board has most of its members “who have run a business and made money, you get a certain viewpoint.”

Richard Bloomingdale says he’s proposed to the boards and governor persons who could effectively represent the working class, “but they were always turned down.”

Even one representative, says Bloomingdale, “would still leave the Boards with heavy pro-business orientations.”

There is no question that politics and a pro-business or anti-labor philosophy has left working class Pennsylvanians with no representation on the boards of universities that are designated as “the people’s universities.”

Unfortunately, the lack of labor representation is the case at almost every public university in America.

 

[Walter Brasch is an award-winning reporter and syndicated columnist, and the author of 17 books. His latest book is the novel, Before the First Snow, primarily set in Pennsylvania. It is a look at the counterculture between 1964 and 1991, with a social justice and pro-labor focus. Disclosure: Dr. Brasch is professor emeritus of mass communications from the SSHE system.]

 

           

Gov. Tom Corbett: Pennsylvania’s Savior

 

by Walter Brasch

 

            Pennsylvania Gov. Tom Corbett may be the most adept politician in America.

            With the nation focused upon the union-busting Tea Party-backed Scott Walker in Wisconsin, Corbett has snuck in a plan to mine the state's resources, increase employment, reduce educational problems, and whack unions upside the head at the same time. Miraculously, the public sector unions, so happy they wouldn't lose collective bargaining, have even said they don't mind being whacked.

            In his first budget address, Corbett said he wants to freeze wages for all state employees, almost every one of them part of the middle class. Although the average wage is about $35,000 a year, according to AFSCME, the state’s primary union for public sector workers, families of four should easily be able to still afford the same luxuries as the governor who is paid $165,000 a year and has a mansion, expense account, and house staff.

            As a bonus, Corbett plans to freeze wages of all public school teachers. Those are the people whom Laura Bush numerous times while in Washington said were grossly underpaid. But, since she was a teacher and not a Wall Street banker—you know, the kind who make money the old-fashioned way, by stealing from the poor—it's obvious she was a tax-sucking Big Government, Commie-loving, knee-jerk liberal who worked only a six-hour day for only a half a year, and gorged herself at the public trough. Thus, her views should be dismissed as nothing less than self-aggrandizement at the public's expense.

            Cutting an additional $1 billion from public education is bringing Corbett cheers from the tax-burdened masses who have yet to figure out that the cuts will force local school boards to raise taxes to cover essential educational expenses. But, the brilliance of Tom Corbett is that by freezing teacher salaries, he also spares local school boards the sweat of trying to explain why they have to raise taxes, drop programs, and close schools.

            Now, let's look at the State System of Higher Education (SSHE). Corbett plans to reduce the $465 million appropriation to a lean $232 million, roughly what it was in 1983 when the state system was created. That's the true spirit of conservatism in America—bringing back the 1980s when Ronald Reagan was president.

            The 14 state-owned universities enroll about 120,000 students. Some classes have only 40 students. That's highly inefficient. By cutting funding, Corbett helps assure fewer high-paid professors who inflame students with the ideas of left-wing radicals like Socrates, St. Augustine, and Oliver Wendell Holmes. There's hardly any difference between 40 and 200 students in a class. The prof still has to prepare only one syllabus, one lesson plan, and talks into only one microphone. Besides, testing is more efficient when it's computer-scored multiple choice questions. If students want to chat with their prof, all they have to do is take a number and wait their turn for their allocated five minutes face time each semester.

            Cutting resources also helps the socialization of the students. On at least one campus, all two-student dorm rooms now have three students in them. This is a 50 percent increase in student interaction, allowing for more academic discussions about a wide range of topics, such as ceramics (the proper way to smoke pot), nutrition (light vs. dark brews), and psychology (improving the effect of hazing techniques on freshmen.)

            And speaking of psychology, why do all the colleges have to have psych programs? Times are tough, and the luxury of a psych major at all the colleges doesn't fit into Corbett’s education plan. It would be more cost efficient for only six or seven colleges to teach psych courses, thus cutting excess faculty and resources, while filtering students into the more efficient large sections at fewer colleges.

            We also don't need geography courses at any of the colleges. How many Americans knew where Korea or Viet Nam were before we went to war? Grenada, Iraq, and Afghanistan? All we have to do is keep bombing countries, and Americans learn about them. No wasteful expenses like full-color maps, globes, or professors. End of that problem.

            The state can save money by dumping all foreign language programs. This is America, after all, and students should be speaking English.

            Music, art, and theatre programs can also be eliminated since anyone in the creative arts is a liberal hippie who doesn’t earn enough to contribute to Republican political campaigns but can cause trouble, nevertheless. For the same reason, social work programs should be cut. That would result in fewer social workers to record poverty, homelessness, and disabilities, making it seem that the Commonwealth is just chock full of rich people with no problems.

            Corbett has also brilliantly solved unemployment. The state appropriation, which will be only about 16 percent of the cost to run the colleges, will force higher tuition. This will yield one of two possibilities. First, it will separate the scum—the students who come from lower- and middle-class households—from the "true" scholars, the “preppies” who will be able to contribute to Republicans’ political campaigns. Second, if the masses wish to receive a college education, they will have to increase their work hours; their parents will have to work four jobs instead of three to afford tuition and the already extraordinarily outrageous fees. But there is light at the end of this tunnel of despair. Box stores and fast food restaurants always have openings. Not only will students not waste time by doing menial chores like studying, they and their families will help reduce the unemployment rate. And, remember, the family that works together for minimum wage suffers together, a true family value.

            Students not fortunate enough to afford college would be able to look forward to expelling a lot of gas. By pushing for even more drilling and by not taxing the gas extractors, Corbett, the industry’s mascot, creates even more jobs. Like the coal, steel, and timber industries, all of which once were unionized, the non-unionized natural gas industry will have to hire thousands. Since we know that the owners believe in social justice and the rights of their workers, they may even build company towns, complete with match-stick houses, stores selling overpriced merchandise, and company-paid doctors who may or may not treat green-mulch lung disease, depending upon the company’s cost-to-benefits ratio. If the owners become rich enough in the Commonwealth of No Tax Gassy Pennsylvania, they may even hire a recent lit grad to be the industry’s hazardous materials inspector.

            After 20 or 30 years, when the gas is mined out, and the companies move to other states to strip their resources and exploit their workers, Pennsylvanians will be able to proudly say they once worked for a fracking company—all thanks to the vision of Gov. Tom Corbett.

 

            [Walter Brasch is an award-winning columnist, and the author of 16 books. You may contact him at walterbrasch@gmail.com]

 

 

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