Israel launches electronic war against ‘global boycott movement’
MEMO | January 29, 2016
The Israeli government has vowed to launch an “electronic war” against Boycott, Divestment and Sanctions (BDS) movement, including monitoring, tracking and thwarting their activities in cyber space, as well as attacking it with “special sophisticated tools”.
Israel Hayom newspaper reported: “Israel is facing a campaign to de-legitimise it. It penetrates into a certain extent; up to the secretary-general of the United Nations,” noting that it is a new battle in its “own stadium: the cyber space”.
It quoted the Israeli Minister of Strategic Affairs, Gilad Erdan, as saying that the statements of the UN Secretary General Ban Ki-moon, during which he called for ending the occupation of the Palestinian territory, contributes to “distorting Israeli image globally”.
During the Cyber Tech Conference 2016, held in Tel Aviv, Erdan added: “BDS should be forced to defend themselves and not to attack Israel,” noting that his government has allocated more than 100 million shekels ($25 million) for its “electronic war”.
The head of the Institute for National Security Studies, General Amos Yadlin, said: “The most dangerous country in the Middle East is the state of Facebook.”
“Those who will lead the United States in 20 years’ time are learning today in universities where anti-Israel propaganda exists.”
Also read:
US & Israeli arms companies bag £500m UK military contract
RT | February 2, 2016
Israeli arms company Elbit Systems and US military contractor Kellogg, Brown and Root (KBR) have won a £500-million contract to provide aircraft training for the UK military.
The Affinity venture, in which the two are partners, will provide fixed wing training for sections of the UK Armed Forces concerned with aviation.
Affinity’s component is part of a larger deal led by Ascent Flight training and worth £1.1 billion. Ascent is itself a fifty-fifty venture between international arms firms Babcock and Lockheed Martin.
The aim is to deliver flight training up to the year 2033 in line with the UK Military Flying Training System (UKMFTS).
In a statement, Ascent’s director Paul Livingston said: “The award of these contracts marks a key milestone for the fixed wing element of UKMFTS. Modern training aircraft selected specifically to meet the bespoke needs of the UK’s Armed Forces will deliver optimized training alongside high tech simulators and classroom trainers.”
Ministry of Defence (MoD) Procurement Minister Phillip Dunne said the deal was “fantastic news for the future of our military aircrew” and would provide them with “a modern training system which will equip them to deliver on the front line.”
Elbit Systems are well known for their range of drones and the firm is of particular concern among human rights groups.
According to a report by the charity War on Want, the MoD awarded a £1-billion contract to Elbit and its UK partner Thales to develop the Watchkeeper drone. The model is now in service with the military.
The charity argues that Watchkeepers are field tested in the Occupied Palestinian Territories.
“Israeli companies such as Elbit will often boast of their competitive advantage in the global arms market due to their extensive ‘testing’ of their weaponry in ‘real life’ situations,” the report says.
Feds: We can’t disclose FBI records because then public would know how FBI works
PrivacySOS | February 1, 2016
Granting the ACLU and the public access to staffing, budgetary, and statistical information about the Boston Joint Terrorism Task Force (JTTF) and FBI would mean “the public would know where the FBI was putting its resources,” warned an Assistant US Attorney in oral argument in a Boston federal court last week. The government apparently doesn’t want the public to know anything about how the FBI and JTTF spend public money, staff its offices, or conduct investigations.
Heaven forbid the public “know where the FBI [puts] its resources.”
In December 2013 the ACLU of Massachusetts sent a FOIA request to the FBI, which sought basic information about the structure and operations of the Boston JTTF and the Boston FBI field office. Amid the information the FBI redacted from its responsive disclosures were all budget figures, the number of FBI and state and local officials tasked to work on the Boston Joint Terrorism Task Force (JTTF), and the number of assessments, preliminary investigations, and full investigations the Boston FBI conducted over two years ago. (It’s odd that the government is putting up a fight, resisting disclosure of these records, given that in 2011, it gave Charlie Savage of the New York Times similar information.)
According to the government, this information is exempt from public disclosure under FOIA law pursuant to Exemption 7e, the part of the federal statute that says agencies do not have to disclose records that would reveal law enforcement “techniques” or “procedures.” But as ACLU of Massachusetts staff attorney Jessie Rossman argues, staffing, budgetary, and statistical information about caseloads do not reveal techniques or procedures.
The stakes for the public are high. If the court agrees with the government’s reasoning and denies the public access to this information, it would put the federal judiciary’s stamp of approval on what attorney Rossman rightfully argues the FBI is seeking in this case: “a categorical [FOIA] exemption for all law enforcement information.”
As Rossman said last week during oral argument, that’s not what congress intended when it wrote the Freedom of Information Act. If lawmakers intended to bar the public from accessing all law enforcement records, they would have written that into the FOIA statute—which they didn’t.
At issue in the ongoing litigation over FBI redactions is whether the public can hold law enforcement agencies accountable for how they spend our money and act in our names. If we don’t know anything about how law enforcement agencies operate, we can’t hold them accountable. Unaccountable law enforcement is not only bad for freedom; it also harms public safety. As history demonstrates, when the FBI is allowed to conduct its business in the dark, precious government resources are inevitably dedicated to spying on people who threaten the status quo, but who do not threaten their fellow Americans.
While antidemocratic in the extreme, it’s easy to understand why the FBI wants to keep budget, staffing, and investigations statistics secret from the public.
When the public learned about the FBI’s illegal and antidemocratic COINTELPRO operations in the 1970s, the attorney general imposed rules forbidding the FBI from spying on people unless agents could show the targets were likely violating the law. After 9/11, those rules were scrapped. The new guidelines allow FBI agents to open investigations (called “assessments”) against people absent any suspicion of wrongdoing. Since the 9/11 attacks the Bureau has been free to spy on people it doesn’t suspect of criminal activity, supposedly because suspicionless investigations are required during the permanent “war on terror.”
The ACLU is litigating for this information because we want to know what results from the FBI’s suspicionless investigations, known as assessments. If it’s true, as we suspect, that there are thousands of FBI assessments but comparatively few preliminary or full investigations—let alone arrests or successful prosecutions—it confirms what we and other civil libertarians have been saying for over a decade. Namely, allowing the FBI to spy on people absent criminal predicates isn’t just bad for civil liberties; it’s bad law enforcement. If agents are routinely chasing down leads that go nowhere, those agents are wasting their time spying on ordinary people on the public’s dime.
The FBI refuses to give us this information, which is part of the reason we sued. In essence, the government argues the information must remain secret because if disclosed, it will tip off terrorists to… the fact that the government wants to investigate crimes.
But hiding from the public records revealing how many assessments, preliminary investigations, and full investigations the Boston FBI office has conducted doesn’t protect public safety. Instead, it obstructs precisely the kind of public accountability that would make the FBI better at protecting the public from people who mean us harm. […]
Only when law enforcement agencies are subject to rigorous transparency can the public hold them accountable for their actions, thereby making them more effective at protecting public safety.
The FBI has a long and dirty history of spying on dissidents and activists, instead of investigating and building cases against people who do real harm to Americans, like the bankers who collapsed the US and world economy in 2008. So it’s easy to see why the government doesn’t want the public to learn any meaningful information about the inner workings of the Bureau. But government agencies can’t keep information secret from the public because it would reveal something embarrassing or unconstitutional. And the records at issue don’t reveal “techniques” or “procedures.”
Here’s to hoping the federal court agrees, and compels the FBI to release this basic information about how it spends our money and acts in our names. Only then will we have any meaningful access to judge how the Bureau is conducting itself, and so the opportunity to exert some democratic accountability over its operations.
Al-Alam says YouTube account blocked under Saudi pressure
Press TV – February 2, 2016
Video-sharing website YouTube has reportedly blocked an account belonging to Iranian Arabic-language news network Al-Alam under pressure from Saudi Arabia, the TV channel says.
Al-Alam reported Monday that YouTube had closed its account after the Broadcasting Services of the Kingdom of Saudi Arabia (BSKSA) lodged a complaint against the Iranian TV.
The report also slammed the move as “unprecedented and unprofessional,” saying Al-Alam’s YouTube account was blocked without any prior notice and based on “unfounded claims.”
The network denounced YouTube’s move in taking down Al-Alam’s page as a “breach of regulations and technical protocols.”
This is not the first time the Saudis have taken action against the Iranian news channel.
Earlier last year, Saudi hackers overtook Al-Alam Twitter account and its YouTube network, posting items in support of Saudi Arabia’s military campaign against Yemen.
Al-Alam is one of the leading foreign-language news channels operated by the Islamic Republic of Iran Broadcasting (IRIB), which also runs the English-language Press TV and the Spanish-language HispanTV.
The network has a vast following in the Persian Gulf countries and elsewhere among the Arab audience.
Turkish Artillery Shells Latakia Province, Casualties Reported – Damascus

© Photo: Youtube/ Russian Defence Ministry
Sputnik —February 1, 2016
Turkish artillery on Monday shelled a small town in Syria’s northern Latakia province inflicting casualties among civilians, the Syrian Foreign Ministry said.
Earlier in the day, Lebanese Al Mayadeen TV channel reported that one Syrian serviceman was killed and five others were wounded in a shelling from the Turkish territory.
“The Turkish authorities are responsible for artillery shelling of the town of Jabal Oteira in northern Latakia, which caused casualties among peaceful civilians,” the ministry said in statement as quoted by official SANA news agency.
Meanwhile, the Russian Defense Ministry said Monday that it obtained video proof of Syrian civilian areas being shelled from Turkish border posts.The Russian Defence Ministry expects an explanation from NATO, Pentagon and Turkish Armed Forces on the incident. The corresponding statement was made on Monday by the Ministry’s spokesman Igor Konashenkov.
According to the spokesman, the Ministry of Defense recently received the video footage from the Syrian General Staff which shows “self-propelled heavy artillery weapons deployed at the Turkish outpost in question.”
Feeding the Military-Industrial Complex
By Jonathan Marshall | Consortium News | February 1, 2016
America’s military procurement machine may be the single most successful system of wealth transfer ever devised — moving tens of billions of dollars every year from ordinary taxpayers into the pockets of big defense contractors and their allies in Congress. But as a provider of working equipment to defend the United States against realistic threats, it is becoming more and more dysfunctional with every passing year.
Current administration plans call for spending a trillion dollars over the next 30 years to “modernize” America’s nuclear arsenal to fight a pointless war that would decimate major centers of civilization across the globe. [See Consortiumnews.com’s “Learning to Love — and Use — the Bomb”]
At the same time, the Pentagon is also asking for even greater sums to modernize conventional weapons systems that are better suited to East-West conflict scenarios of the 1950s than to today’s skirmishes with insurgents in the Middle East, Asia, and Africa.
Spending on major military acquisition programs is projected to soar 23 percent, after adjusting for inflation, from fiscal year 2015 to 2022. Worse yet, Congress and the administration are spending much of that money on weapons that don’t even work as advertised.
One of the biggest drivers of new procurement spending today is the F-35 Joint Strike Fighter jet. The plane is too expensive and sophisticated for simple bombing runs in Syria or Afghanistan, but too crippled to use in dogfights against Russia’s or China’s most advanced fighters. It’s ideal for one purpose only: With a total projected program cost of more than $1 trillion, this program will keep Lockheed Martin and its subcontractors in 46 states afloat for at least the next two decades.
The F-35 program was awarded more than $12 billion in the omnibus spending bill that passed Congress in December for fiscal year 2016. That money is slated to buy 68 planes, up from 44 purchased in fiscal 2015. Over the entire life of the program, the Pentagon expects to acquire more than 2,400 jets.
The F-35 program has suffered countless ills since 2001. In the words of the New York Times, “The project is seven years behind schedule, costs have soared, and eyebrows arched higher after a prototype was outmaneuvered by an older F-16 in a mock dogfight early last year.”
Critics note that the plane has been grounded because of safety, software or other technical issues — including jets catching fire on the runway — 13 times since 2007. The latest glitch is an over-weight helmet — costing $400,000 a pop — which can cause fatal whiplash for some pilots. Until it is redesigned, pilots weighing less than 136 pounds are grounded.
As of last year, the same helmet was still unable to let pilots distinguish friendly aircraft from foes — a rather critical capability when they are shooting at blips on a radar screen beyond visual range. The stability of the planes’ engines was rated “extremely poor” and other key systems were unreliable as well.
“At best . . . we will be launching an unstable plane that cannot perform many of its core missions for years,” said Rep. Jackie Speier, a California Democrat, last summer. “At worst, it’ll hurt people or we’ll ground it in the hangar and spend billions on a retrofit.”
A test pilot who flew the F-35 in mock air battles in January 2015, against an older (and much cheaper) F-16D, reported that the newfangled jet was incapable of outmaneuvering the F-16 in a dogfight. That was true even though the test was rigged by making the F-16 carry heavy extra fuel tanks to slow it down.
That result confirmed a computer simulation run in 2008 by analysts at RAND, an Air Force contractor. They reported that in a hypothetical conflict with Chinese air and naval forces, the F-35 was quickly wiped out. America’s latest jet suffered “inferior acceleration, inferior climb [rate], inferior sustained turn capability,” they wrote. “Also has lower top speed. Can’t turn, can’t climb, can’t run.”
The F-35’s builders have proven their superiority at political firepower, however. The Center for Responsive Politics reported that in 2014 the plane’s main contractor, Lockheed Martin, forked over $4.1 million in campaign contributions, supplemented by $7.6 million in contributions from three subcontractors: Northrop Grumman, United Technologies, and BAE. Their money poured into members of the House Armed Services Committee, House Appropriations Committee and Senate Appropriations Committee, as well as Senate Majority Leader Mitch McConnell of Kentucky.
The F-35 isn’t the only dysfunctional weapons procurement program draining money today. Its predecessor, the F-22, proved to be an expensive dog, suffering a critical failure after every 1.7 hours of flight, on average. Although first flown in 1997, it was not allowed into combat until 2014, on a mission over Syria.
Or take the Navy’s Littoral Combat Ship. Designed for missions close to shore, it has an experimental aluminum hull that may be vulnerable to rough seas and melt at high temperatures (such as caused by a missile or bomb strike). No one will know for sure until at least 2018, but in the meantime, 24 ships have been built or are under construction. Defense Secretary Ashton Carter has asked for cutbacks in the program, but the Navy is in open revolt.
But don’t applaud the Pentagon’s civilian leadership too quickly for challenging the Navy. Carter reportedly wants to use some of the savings from the ship program to buy more F-35 fighter jets.
Latest corruption index does not reveal Britain’s real place in global crime wave
By Graham Vanbergen | TruePublica | February 1, 2016
Transparency International (TI) releases its latest report entitled the Corruption Perceptions Index and continues to find that corruption is rife globally and remains a blight around the world. Overall, two-thirds of the 168 countries on the 2015 index did not fair well.
Denmark took the top spot for the 2nd year running for least corrupt, with North Korea and Somalia the worst performers.
TI states on their website that the goals to aim at for a corruption free country has certain characteristics such as; “high levels of press freedom; access to budget information so the public knows where money comes from and how it is spent; high levels of integrity among people in power; and judiciaries that don’t differentiate between rich and poor, and that are truly independent from other parts of government. Conflict and war, poor governance, weak public institutions like police and the judiciary, and a lack of independence in the media characterise the lowest ranked countries.
Notably the five countries with the biggest declines in these characteristics in the past 4 years include Libya, Australia, Brazil, Spain and Turkey. The big improvers in its report include Greece, Senegal and surprisingly, the UK.
As it turns out sixty-eight per cent of countries worldwide have a serious corruption problem. Half of the G20 are among them. The G20 consists of the top 20 economies in the world but ranks the EU as one economy even though it is made up of 28 countries alone.
The research shows that half of all the 34 OECD countries are violating their international obligations to crack down on bribery by their companies abroad.
Britain has entered the top ten for the first time behind Denmark (1st), Finland, Sweden, New Zealand, Netherlands, Norway, Switzerland, Singapore, Canada, Germany and Luxembourg. The US ranks 16th. In the EU, other countries not doing so well are; France which ranks 23rd, Spain 36th, Italy 61st and Bulgaria, the last of EU nations at 69th place.
The truth is that Britain has not done better, don’t forget this is an index of perception, not actual corruption.
In comments from TI, Britain was found to have conducted an “extraordinarily inept” review of freedom of information laws. The government’s review of the Freedom of Information Act threatens to further undermine trust in politicians and damage democracy. If ever there was a demonstration of the governments intention of transparency, look no further than Former home secretary Jack Straw, who previously stated he wants the act to be scrapped and rewritten, and Lord Carlisle who accused the Guardian of a “criminal act” in publishing the Snowden leaks, both are on the commission. TI fails to mention this.
Even TI’s own UK executive director Robert Barrington said there were “good reasons why people are sceptical about whether Britain really merits a top 10 ranking,” proving not even he believes this ranking.
He went further by highlighting; “overseas bribery by UK companies, the laundering of corrupt assets through the City, the lax regulation and lack of transparency in British-controlled tax havens, to say nothing of corruption scandals here in the UK,” and mentions the “dropping of significant proposals putting personal responsibility on bankers for money-laundering failings.” He continues with “The sequence of petty political scandals around lobbying, the revolving door and party funding discredits the UK in the eyes of the world and gives fuel to the critics who want to portray Mr Cameron’s agenda as nothing more than hypocritical and sanctimonious.”
Barrington is rightly angry.
The Independent reported in July that The City of London is the money-laundering centre of the world’s drug trade, according to an internationally acclaimed crime expert. In addition, every financial expert now agrees that due to lax financial laws by government, that the London property market is built largely on laundered money of crime from all over the world involving hidden tax havens, most of which are British.
In March last year, the Financial Conduct Authority (itself replacing the toothless Financial Services Authority that was funded by the very banks it was supposed to oversee) said that it would conduct a review on whether banking culture was changing after a slew of financial scandals that dogged the industry. Martin Wheatley, the CEO was looking into the rigging of bank lending rates amongst the many crimes perpetrated in The City of London. Chancellor George Osborne then sacked Wheatley as it was clear he was going to do his job and then just a few weeks ago had the review dropped after replacing Wheatley with a person ‘more agreeable’ to the banks. This was a cynical move by Osborne to protect the banking industry.
When it comes to press freedom Britain has no bragging rights. Just two years ago the British government’s draconian response to the Guardian’s reporting of Edward Snowden saw the UK drop five places in TI’s report. Shockingly, Britain languishes globally in 36th position behind countries such as Belize for press freedom, a country that is rife with lawlessness, corruption, suffers a lack of public, business and press freedom, is mired in accusations of labour abuse, crime and unemployment.
It doesn’t help that the Serious Fraud Squad who was investigating high-profile cross-border investigations into business practices at some of the UK’s biggest companies had their budget cut so deeply that the FT reported “The scale and pace of budget cuts inflicted on the SFO will make prosecuting its caseload impossible.” It must be clear by now that the government has an agenda to protect these serial corporate offenders.
David Cameron won praise in 2013 after announcing at the Open Government Partnership summit in London that the UK intended to require companies registered in the UK to reveal the identity of their real owners in public filings at Companies House. This was then heavily watered down after the Queen was warned that her British territories were now the world biggest tax havens, harbouring tens of trillions of illegally stashed cash and assets that was described as a “web of secrecy jurisdictions”. The Tax Justice Network (TJN) said Britain now rules the world of tax havens.
Her Majesty’s British Overseas Territories and Crown Dependencies make up around 25 percent of the world’s tax havens which are now blacklisted by the European Commission and now ranked as the most important player in the financial secrecy world, hardly a shining example of integrity and morality.
And the extent of these crimes is almost boundless as TJN said “The victims of this secrecy include, among others, 2 billion Commonwealth citizens. A recent study of 33 African countries found that they lost over $1tr in capital flight since the 1970s, of which $640bn came from 16 Commonwealth countries. These losses dwarf the external debts of ‘just’ $190bn for the 33 countries.”
In the meantime, Suspicious Activity Reports dealt with by a British specialist police unit focusing on the proceeds of crime and corruption blocked just seven transactions in an entire year. Transparency International reported that the police unit during the previous year (2014) for seizing corrupt assets was “not fit for purpose”. Given the sheer scale of financial crimes and corruption taking place, this performance can only be seen as suspicious itself. In 2015, this police unit required emergency funding.
So widespread is corruption in Britain that Keith Bristow, director-general of the UK’s National Crime Agency, said in January that the scale of crime and it’s subsequent money laundering operations was “a strategic threat” to the country’s economy and reputation. “Many hundreds of billions of pounds of criminal money is almost certainly laundered through UK banks and their subsidiaries each year.” And yet the government facilitates it by actively doing nothing.
When it comes to conflict and war, Britain’s international performance is dire. Britain, as we now all know, was heavily involved in the fall and subsequent deaths of over a million innocent Iraqis. Its campaign in Libya has turned the wealthiest and healthiest African nation into a lawless cesspool ruled by terrorism and death. Syria is ongoing. This has manifested itself into a refugee crisis the likes of which has not been seen since the last world war and an escalation of terrorism continues.
The granting of licences by government for the sale of spying equipment and armaments to some of the most oppressive regimes in the world is another scandal that further destabilises world peace.
The Corruption Perception Index does not tackle the issues at hand. It confuses by focusing on pubic sector corruption, but private corporations are the worst offenders backed by significant government cooperation. Britain’s banking industry is not effectively cited even though it is mired in scandal, facilitates a huge international crime wave backed by money laundering services on an industrial scale along with the tax havens that supports it.
A Nuclear Story
By Karl Grossman | CounterPunch | February 1, 2016
The class action lawsuit—begun 20 years old—that charges Brookhaven National Laboratory (BNL) with contaminating neighborhoods adjacent to it will be moving ahead again in New York State Supreme Court this month.
Court action is scheduled for the last week in February. Since it was first brought in 1996, the lawsuit has gone back and forth between the State Supreme Court and the Appellate Division several times, as BNL has fought it.
In July the Appellate Division—the judicial panel over the Supreme Court in New York State —ruled the case can move towards trial. It declared that “the causes of action of the proposed intervenors are all based upon common theories of liability.” In other words, it stated that the plaintiffs could sue for damages.
But, outrageously, the radioactive contamination caused by BNL—documented in the 2008 book “Welcome to Shirley: A Memoir from an Atomic Town” and focused upon by the award-winning 2012 documentary “The Atomic States of America”—can no longer be part of the case.
The argument of lawyers for BNL lawyers was accepted by the Appellate Division which, as it put it in its July decision, ruled that “the nuclear radiation emitted by BNL did not exceed guidelines promulgated by the federal Nuclear Regulatory Commission.”
Further, the BNL radioactive pollution will not be allowed to be considered despite the federal government in recent years paying out millions of dollars to BNL employees in compensation for their getting cancer after exposure to radioactivity at BNL. In addition, families of those BNL workers who died from cancer after exposure to radioactivity have been paid.
The pay-outs to former workers and their families for cancer from BNL radioactive exposure—what neighbors of the lab are now being barred from litigating about—come under the federal government’s “Energy Employees Occupational Illness Compensation Program.”
Instead, the non-employee victims are now being limited in the class action lawsuit to suing for other BNL pollution, largely chemical.
The “Energy Employees Occupational Illness Compensation Program” covers not only BNL but the string of U.S. national nuclear laboratories including Los Alamos, Livermore, Oak Ridge labs, as well as federal nuclear facilities including its Savannah River Plant and Hanford.
According to a Power Point presentation given at BNL in 2012 by the U.S. Department of Labor, some $8.2 billion has been set aside under the program for pay-outs, with $111.7 million of that for exposure to radioactivity and consequent cancer at BNL
Joseph B. Frowiss, Sr., based in Rancho Santa Fe, California has been handling many of the cases involving former workers at BNL—and other government nuclear facilities—and their families. As he says on his website—“in the past seven years 1,800 of my clients have received over $300 million and hundreds more are in the pipeline…A diagnosis of one of 23 ‘specified’ cancers and typically 250 work days in a specified timeframe are the basic requirements.”
An “independent claims advocate,” Mr. Frowiss has run full-page advertisements in Long Island newspapers: “Brookhaven National Lab Employees With Cancer,” they are headed. They note that “BNL employees… are likely now eligible for lump sum tax free base awards of $150,000, possibly to $400,000, plus medical benefits.”
The case against BNL by non-employees who are now not being allowed the compensation of BNL employees and their families for exposure from BNL radioactivity originally specified damages caused by BNL radioactivity.
The suit is titled Ozarczuk v. Associated Universities, Inc.
Associated Universities is the entity that managed BNL, at first for the U.S. Atomic Energy Commission (AEC) which set BNL up in 1947 at Camp Upton, a former Army base on Long Island, to do atomic research and develop civilian uses of nuclear technology.
The AEC was eliminated in 1974 by Congress for having a conflict of interest with its mission of both regulating and at the same time promoting nuclear technology in the United States. Its regulatory function was given to a Nuclear Regulatory Commission (NRC) and promotional activities to a Department of Energy which took over operating BNL and the other federal nuclear labs and the other nuclear facilities.
The defendants in the action—Associated Universities—managed BNL from its start until 1998 when it was fired by the DOE because of widespread contamination at BNL and DOE’s determination that it was a bad overseer of BNL operations. The two nuclear reactors at BNL were found to have, for many years, been leaking radioactive tritium into the underground water table on which Long Island depends for its potable water supply.
Associated Universities—which continues with other activities for the federal government—includes Harvard, Yale, Princeton, Columbia, Cornell and Johns Hopkins Universities, University of Pennsylvania and University of Rochester and Massachusetts Institute of Technology. DOE replaced Associated Universities in running BNL with a partnership of Stony Brook University on Long Island and Battelle Memorial Institute of Ohio.
The lawsuit is named for Barbara Osarczuk who lived just outside the BNL boundary in North Shirley and developed breast and thyroid cancer that she attributes to BNL pollution.
The lawsuit charges that “actions of the defendant were grossly, recklessly and wantonly negligent and done with an utter disregard for the health, safety, well-being and rights of the plaintiffs.” It further accuses BNL of “failure to observe accepted industry standards in the use, storage and disposal of hazardous and toxic substances” and BNL itself of being “improperly located on top of an underground aquifer which supplies drinking water to [a] large number of persons.”
Initially brought by 21 families, the lawsuit now has 180 families as plaintiffs.
The attorneys representing them are led by two prominent lawyers, A. Craig Purcell of Stony Brook, Long Island, a former president of the Suffolk County Bar Association, and Richard J. Lippes of Buffalo who represented Lois Gibbs and the Love Canal Homeowners Association in landmark litigation. That lawsuit took on the massive contamination in the Love Canal neighborhood of Niagara Falls caused by the Hooker Chemical Company which resulted in widespread health impacts to residents of the area. It led in 1980 to the creation of the federal Superfund program to try clean up high-pollution sites in the United States.
Mr. Purcell said that after the many years of back-and-forth court rulings, the plaintiffs have the judicial go-ahead to sue for “loss of enjoyment of life, diminution of property values and the cost of hooking up to public water.”
Mr. Lippes said that “the lab was supposed to monitor anything escaping from it—and didn’t do it.” The attitude of BNL, he said, was that “every dollar spent for safety or on environmental issues was taking away from research.” The lawsuit “should have been resolved years ago, but there has been intransigence of lab administrators not wanting to be held responsible.”
BNL was designated a high-pollution Superfund site in 1989. The large amounts of radioactive tritium—H30 or radioactive water—were found to have been leaking from BNL’s High Flux Beam Reactor in 1997. That nuclear reactor was closed by the DOE and then a smaller reactor was found to be leaking tritium too and was shut down.
There are now no operating nuclear reactors at BNL.
Still, BNL remains closely connected to nuclear technology. In 2010, BNL set up a new Department of Nuclear Science and Technology with a multi-million dollar yearly budget.
BNL’s announcement at the time quoted Gerald Stokes, its associate director for Global and Regional Solutions, as saying: “BNL’s long involvement and considerable experience in nuclear energy make it a natural place to create such an organization.” On BNL’s website currently is a page headed, “Exploring Nuclear Technologies for Our Energy Future” which discusses the department.
Long Island environmental educator and activist Peter Maniscalco says: “The Brookhaven scientific culture still doesn’t understand the interrelationship between humans and the natural world and the lethal consequences their work in nuclear technology imposes on the population and environment of the world. They still don’t understand that nuclear power is a polluting, deadly technology.”
The book “Welcome to Shirley: A Memoir from an Atomic Town” by Kelly McMasters links widespread cancer in neighboring Shirley to radioactive releases from BNL. She taught in the Columbia University writing program and Graduate School of Journalism and is an assistant professor and director of publishing studies at Hofstra University on Long Island.
Her book tells of how the government sought a nuclear facility “built far from any heavily populated areas.” She writes that the AEC “and the scientists themselves could have taken a look around and realized the…homes and neighborhoods sprouting up around their compound were too close to chance the radioactive nature of the work they were conducting…But none of this happened.”
The book was short-listed by Oprah Winfrey. Her magazine, O, said of it: “A loving, affecting memoir of an American Eden turned toxic.”
“The Atomic States of America,” based on the book, received among its honors a special showing at the Sundance Film Festival. It got good reviews.
The review in Variety noted that Shirley “was in unhappy proximity” to BNL “around which skyrocketing cancer rates were written off as coincidence or an aberrant gene pool.” It noted the appearance in “The Atomic States of America” of Alec Baldwin, “a lifelong Long Islander,” who in the documentary calls BNL scientists “liars and worse.” The review said that “in following McMasters’ work, the film builds a convincing case about cancer and nukes,”
In the first book I wrote about nuclear technology, “Cover Up: What You Are Not Supposed to Know About Nuclear Power,” published in 1980, I reprinted pages from BNL’s safety manual as an example of dangers of radioactivity not being taken seriously at BNL.
The manual advised that people “can live with radiation.”
“Is Radiation Dangerous To You?” it starts. It tells BNL employees: “It can be; but need not be.” It states: “If you wear protective clothing, wash with soap and check your hands and feet with instruments, you are perfectly safe.”
Attorney Purcell said that a “conference date” for Ozarczuk v. Associated Universities, Inc. is scheduled for February 22 in New York State Supreme Court in Riverhead, Long Island and a “court date” for February 25.
Karl Grossman, professor of journalism at the State University of New York/College of New York, is the author of the book, The Wrong Stuff: The Space’s Program’s Nuclear Threat to Our Planet. Grossman is an associate of the media watch group Fairness and Accuracy in Reporting (FAIR). He is a contributor to Hopeless: Barack Obama and the Politics of Illusion.
