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The Ecological Importance of California’s Rim Fire

By Chad Hanson | John Muir Project

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Photo: Doug Bevington

Since the Rim fire began in the central Sierra Nevada on August 17, there has been a steady stream of fearful, hyperbolic, and misinformed reporting in much of the media. The fire, which is currently 188,000 acres in size and covers portions of the Stanislaus National Forest and the northwestern corner of Yosemite National Park, has been consistently described as “catastrophic”, “destructive”, and “devastating.” One story featured a quote from a local man who said he expected “nothing to be left”. However, if we can, for a moment, set aside the fear, the panic, and the decades of misunderstanding about wildland fires in our forests, it turns out that the facts differ dramatically from the popular misconceptions. The Rim fire is a good thing for the health of the forest ecosystem. It is not devastation, or loss. It is ecological restoration.

What relatively few people in the general public understand at present is that large, intense fires have always been a natural part of fire regimes in Sierra Nevada forests. Patches of high-intensity fire, wherein most or all trees are killed, creates “snag forest habitat,” which is the rarest, and one of the most ecologically important, forest habitat types in the entire Sierra Nevada. Contrary to common myths, even when forest fires burn hottest, only a tiny proportion of the aboveground biomass is actually consumed (typically less than 3 percent). Habitat is not lost. Far from it. Instead, mature forest is transformed into “snag forest”, which is abundant in standing fire-killed trees, or “snags,” patches of native fire-following shrubs, downed logs, colorful flowers, and dense pockets of natural conifer regeneration.

This forest rejuvenation begins in the first spring after the fire. Native wood-boring beetles rapidly colonize burn areas, detecting the fires from dozens of miles away through infrared receptors that these species have evolved over millennia, in a long relationship with fire. The beetles bore under the bark of standing snags and lay their eggs, and the larvae feed and develop there. Woodpecker species, such as the rare and imperiled black-backed woodpecker (currently proposed for listing under the Endangered Species Act), depend upon snag forest habitat and wood-boring beetles for survival.

One black-backed woodpecker eats about 13,500 beetle larvae every year — and that generally requires at least 100 to 200 standing dead trees per acre. Black-backed woodpeckers, which are naturally camouflaged against the charred bark of a fire-killed tree, are a keystone species, and they excavate a new nest cavity every year, even when they stay in the same territory. This creates homes for numerous secondary cavity-nesting species, like the mountain bluebird (and, occasionally, squirrels and even martens), that cannot excavate their own nest cavities. The native flowering shrubs that germinate after fire attract many species of flying insects, which provide food for flycatchers and bats; and the shrubs, new conifer growth, and downed logs provide excellent habitat for small mammals. This, in turn, attracts raptors, like the California spotted owl and northern goshawk, which nest and roost mainly in the low/moderate-intensity fire areas, or in adjacent unburned forest, but actively forage in the snag forest habitat patches created by high-intensity fire — a sort of “bedroom and kitchen” effect. Deer thrive on the new growth, black bears forage happily on the rich source of berries, grubs, and small mammals in snag forest habitat, and even rare carnivores like the Pacific fisher actively hunt for small mammals in this post-fire habitat.

In fact, every scientific study that has been conducted in large, intense fires in the Sierra Nevada has found that the big patches of snag forest habitat support levels of native biodiversity and total wildlife abundance that are equal to or (in most cases) higher than old-growth forest. This has been found in the Donner fire of 1960, the Manter and Storrie fires of 2000, the McNally fire of 2002, and the Moonlight fire of 2007, to name a few. Wildlife abundance in snag forest increases up to about 25 or 30 years after fire, and then declines as snag forest is replaced by a new stand of forest (increasing again, several decades later, after the new stand becomes old forest). The woodpeckers, like the black-backed woodpecker, thrive for 7 to 10 years after fire generally, and then must move on to find a new fire, as their beetle larvae prey begins to dwindle. Flycatchers and other birds increase after 10 years post-fire, and continue to increase for another two decades. Thus, snag forest habitat is ephemeral, and native biodiversity in the Sierra Nevada depends upon a constantly replenished supply of new fires.

It would surprise most people to learn that snag forest habitat is far rarer in the Sierra Nevada than old-growth forest. There are about 1.2 million acres of old-growth forest in the Sierra, but less than 400,000 acres of snag forest habitat, even after including the Rim fire to date. This is due to fire suppression, which has, over decades, substantially reduced the average annual amount of high-intensity fire relative to historic levels, according to multiple studies. Because of this, and the combined impact of extensive post-fire commercial logging on national forest lands and private lands, we have far less snag forest habitat now than we had in the early twentieth century, and before. This has put numerous wildlife species at risk. These are species that have evolved to depend upon the many habitat features in snag forest — habitat that cannot be created by any other means. Further, high-intensity fire is not increasing currently, according to most studies (and contrary to widespread assumptions), and our forests are getting wetter, not drier (according to every study that has empirically investigated this question), so we cannot afford to be cavalier and assume that there will be more fire in the future, despite fire suppression efforts. We will need to purposefully allow more fires to burn, especially in the more remote forests.

The black-backed woodpecker, for example, has been reduced to a mere several hundred pairs in the Sierra Nevada due to fire suppression, post-fire logging, and commercial thinning of forests, creating a significant risk of future extinction unless forest management policies change, and unless forest plans on our national forests include protections (which they currently do not). This species is a “management indicator species”, or bellwether, for the entire group of species associated with snag forest habitat. As the black-backed woodpecker goes, so too do many other species, including some that we probably don’t yet know are in trouble. The Rim fire has created valuable snag forest habitat in the area in which it was needed most in the Sierra Nevada: the western slope of the central portion of the range. Even the Forest Service’s own scientists have acknowledged that the levels of high-intensity fire in this area are unnaturally low, and need to be increased. In fact, the last moderately significant fires in this area occurred about a decade ago, and there was a substantial risk that a 200-mile gap in black-backed woodpeckers populations was about to develop, which is not a good sign from a conservation biology standpoint. The Rim fire has helped this situation, but we still have far too little snag forest habitat in the Sierra Nevada, and no protections from the ecological devastation of post-fire logging.

Recent scientific studies have caused scientists to substantially revise previous assumptions about historic fire regimes and forest structure. We now know that Sierra Nevada forests, including ponderosa pine and mixed-conifer forests, were not homogenously “open and parklike” with only low-intensity fire. Instead, many lines of evidence, and many published studies, show that these areas were often very dense, and were dominated by mixed-intensity fire, with high-intensity fire proportions ranging generally from 15 percent to more than 50 percent, depending upon the fire and area. Numerous historic sources, and reconstructions, document that large high-intensity fire patches did in fact occur prior to fire suppression and logging. Often these patches were hundreds of acres in size, and occasionally they were thousands — even tens of thousands — of acres. So, there is no ecological reason to fear or lament fires like the Rim fire, especially in an era of ongoing fire deficit.

Most fires, of course, are much smaller, and less intense than the Rim fire, including the other fires occurring this year. Over the past quarter-century fires in the Sierra Nevada have been dominated on average by low/moderate-intensity effects, including in the areas that have not burned in several decades. But, after decades of fear-inducing, taxpayer-subsidized, anti-fire propaganda from the US Forest Service, it is relatively easier for many to accept smaller, less intense fires, and more challenging to appreciate big fires like the Rim fire. However, if we are to manage forests for ecological integrity, and maintain the full range of native wildlife species on the landscape, it is a challenge that we must embrace.

Encouragingly, the previous assumption about a tension between the restoration of more fire in our forests and home protection has proven to be false. Every study that has investigated this issue has found that the only way to effectively protect homes is to reduce combustible brush in “defensible space” within 100 to 200 feet of individual homes. Current forest management policy on national forest lands, unfortunately, remains heavily focused not only on suppressing fires in remote wildlands far from homes, but also on intensive mechanical “thinning” projects — which typically involve the commercial removal of upwards of 80 percent of the trees, including mature trees and often old-growth trees —that are mostly a long distance from homes. This not only diverts scarce resources away from home protection, but also gives homeowners a false sense of security because a federal agency has implied, incorrectly, that they are now protected from fire — a context that puts homes further at risk.

The new scientific data is telling us that we need not fear fire in our forests. Fire is doing important and beneficial ecological work, and we need more of it, including the occasional large, intense fires. Nor do we need to balance home protection with the restoration of fire’s role in our forests. The two are not in conflict. We do, however, need to muster the courage to transcend our fears and outdated assumptions about fire. Our forest ecosystems will be better for it.

Chad Hanson, the director of the John Muir Project (JMP) of Earth Island Institute, has a Ph.D. in ecology from the University of California at Davis, and focuses his research on forest and fire ecology in the Sierra Nevada. He can be reached at cthanson1@gmail.com, or visit JMP’s website at www.johnmuirproject.org for more information, and for citations to specific studies pertaining to the points made in this article.

Source: Earth Justice Network

October 2, 2013 Posted by | Environmentalism, Science and Pseudo-Science, Timeless or most popular | , , , , , | Leave a comment

US Air Force Clashes with California over Radioactive Waste Dump

By Ken Broder | AllGov | September 22, 2013

The U.S. Air Force has spent years cleaning up toxic and nuclear materials at McClellan Air Force Base outside Sacramento since it was decommissioned in 2011, unsuccessfully trying to ship radioactive waste to a California dump and successfully sending a bunch of it to Utah under suspicious circumstances.

But now, as it bears down on a 2019 deadline for finishing the job of scraping potentially dangerous materials from 326 waste areas before delivering what’s left of the base-turned-industrial-hub into nonmilitary hands, the Air Force wants to bury the last of the radioactive waste on the property, close to residential neighborhoods.

State regulators and the city are not happy.

California has stricter rules governing waste disposal than the federal government and the California Department of Public Health says the plans for entombing the radium-226, a substance known to cause cancer, do not meet its standards, according to Katherine Mieszkowski and Matt Smith of the Center for Investigative Reporting.

The department has the power to block transfer of the property. California law requires that only facilities with special permits can accept soil contaminated with radium, and the state doesn’t have any.

But Steve Mayer, the Air Force remediation project manager at McClellan, told Center reporters that he was prepared to wait out the city and state because by 2019, “There will be a different governor then, too, and (regulators) all work for the governor.”

Actions at McClellan could serve as a template for federal behavior at other bases in California facing similar transitions from military to civilian use. Instead of paying costly expenses to ship the material to dumps, the Air Force could simply bury it on-site and walk away. There are reportedly seven bases in California that could face similar situations.

State regulators rebuffed the Air Force in 2011 when it lobbied hard to classify its McClellan radioactive waste as “naturally occurring” so it could qualify for shipment to Clean Harbors’ Buttonwillow landfill. Instead, it sent 43,000 tons of soil to an Idaho dump.

The 3,452-acre base was named a Superfund site in 1987 owing to years of maintaining aircraft that involved the “use, storage and disposal of hazardous materials including industrial solvents, caustic cleansers, paints, metal plating wastes, low-level radioactive wastes, and a variety of fuel oils and lubricants,” according to the U.S. Environmental Protection Agency. Much of the residue is believed to be from cleanup efforts related to radioactive paint used more than 50 years ago on glow-in-the-dark dials and gauges.

The property is being transferred to private hands piecemeal. In 2007, 62 acres were moved to the McClellan Business Park and another 35 acres was sold in 2011 to U.S. Foods, a national food distribution company. In 2010, 545 acres were transferred to the business park and California Governor Jerry Brown approved the transfer of another 528 acres in January of this year.

To Learn More:

Air Force Hopes to Stick California City with Radioactive Waste Dump (by Katherine Mieszkowski and Matt Smith, Center for Investigative Reporting)

Air Force Sends Radioactive Material Too Hot for California Landfills to Idaho (by Ken Broder, AllGov California)

McClellan Air Force Base (U.S. Nuclear Regulatory Commission)

McClellan Air Force Base (Groundwater Contamination) (U.S. Environmental Protection Agency)

September 22, 2013 Posted by | Environmentalism, Militarism | , , , , , , , | Leave a comment

Inmate in California hunger strike dies

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Press TV – July 28, 2013

One of the California inmates who have for weeks been on a hunger strike has died in solitary confinement, according to the Prisoner Hunger Strike Solidarity Coalition.

Billy Sell died on Monday, July 22, at the Corcoran State Prison in central California.

Sell‘s fellow inmates say he had been requesting medical attention for days before his death.

Saturday marks the 20th day of the hunger strike which started in protest against solitary confinement practices in the state’s prisons.

“Advocates are outraged at Sell’s death, noting that it could have been prevented if (prison officials) had negotiated with strikers,” the coalition said in its statement.

Prison officials have launched an investigation into the death which they claim is a suicide.

“It’s irresponsible and inflammatory for hunger strike supporters to say this inmate, whose death is being investigated as a suicide, died as a result of the hunger strike,” said Deborah Hoffman, a spokesperson for the California Department of Corrections and Rehabilitation, in a statement.

Reports say more than 30,000 inmates have joined the hunger strike in California where there are some 132,000 prisoners.

Inmate advocates put the number of state prisoners confined in extreme isolation at nearly 12,000.

July 28, 2013 Posted by | Civil Liberties, Subjugation - Torture | , , , , , | Leave a comment

Tens of Thousands of California Inmates Join Pelican Bay Hunger Strikers

A Black Agenda Radio commentary by executive editor Glen Ford | July 10, 2013

About 30,000 California prisoners have joined the hunger strike begun, on Monday, by inmates at the Secure Housing Units at Pelican Bay. That’s more than four times as many as joined Pelican Bay inmates in their first hunger strike, in July of 2011, and two and a half times the number that struck in October of that year. So far, two-thirds of the state’s prisons have been affected.

The Pelican Bay inmates carry a certain moral authority, in that they represent the most long-suffering, intensely persecuted group in the largest and most barbaric prison system in the world – the approximately 80,000 U.S. prison inmates held under solitary confinement. Pelican Bay is the site of more than 1,000 solitary confinement cells, where prisoners are isolated from other human contact for at least 22 and a half hours a day. Around the state, about 4,500 people are held in Special Housing Units, or SHUs, with 6,000 more enduring some other form of solitary. Some of the SHU inmates have not seen the natural light of day for more than 20 years.

The State calls the SHU inmates the “worst of the worst” in order to justify a punishment regime more barbaric, in many respects, than any in recorded history – a massive, multi-billion dollar enterprise whose mission is to destroy the minds of men and women. Inmates are locked away for years on end for possession of literature, or for mere suspicion of political militancy. By far the largest number of SHU inmates are accused of belonging to gangs, and can only be released from solitary by accusing other inmates of gang affiliation – a process that is euphemistically called “debriefing” – thus turning everyone into a potential snitch against everyone else.

Prison is the ultimate surveillance regime, a place where the sense of self, of human agency, and of privacy is systematically crushed, in the name of security. It is no coincidence that the world’s prison superpower, the United States, which accounts for one out of every four incarcerated persons on the planet, is also engaged in spying on every other nation and population on Earth. It is as if the United States is determined to surveil – with the implicit threat to crush – every expression of the human soul.

Both U.S. global surveillance and American prison policies violate international law. The Center for Constitutional Rights has sued on behalf of the Pelican Bay inmates, citing the finding by the United Nations Special Rapporteur on Torture that any more than 15 days of solitary confinement violates international standards of human rights.

California’s inmates aren’t waiting for the UN or the courts to come to the rescue. They’ve issued five core demands, with elimination of long-term solitary confinement at the top, and insist that the hunger strike will not end until California signs a legally binding agreement. The very concept of negotiation with inmates is anathema to the Prison State, whose goal is to reduce human beings to objects, with no rights whatsoever. The Pelican Bay inmates have concluded that, if they are to have any chance to live, they must be prepared to die.

Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.

July 10, 2013 Posted by | Civil Liberties, Solidarity and Activism, Subjugation - Torture | , , , , , , | Leave a comment

Montana becomes First State to Require Search Warrants for Cellphone Location Tracking

By Noel Brinkerhoff | AllGov | July 5, 2013

California had its chance, but now Montana has become the first state in the U.S. to require that police obtain a search warrant before using a person’s cellphone records to track their whereabouts.

The new law mandates that law enforcement have probable cause before asking a judge for a warrant that permits the examination of metadata collected by telecommunications companies.

Police can ignore the law if the cellphone is reported stolen or if they are responding to an emergency call from the user.

Lawmakers in California adopted a similar law last year, but Democratic Governor Jerry Brown vetoed it, saying it did not “strike the right balance” between the needs of citizens and law enforcement.

Other states have also considered the legislation. In Maine, a location information privacy bill now awaits approval from the governor. Texas legislators rejected the idea, in spite of recently passing a bill that made its state the first in the nation to require a warrant for email surveillance. Massachusetts lawmakers plan to conduct a hearing on a measure that would require search warrants for location records as well as content of cellphone communications.

Federal legislation—the Geolocational Privacy & Surveillance Act (pdf)—was recently introduced in Congress, but neither the House nor the Senate has taken it seriously so far.

July 6, 2013 Posted by | Civil Liberties, Full Spectrum Dominance | , , , , , , , | Leave a comment

California’s San Onofre nuclear plant to shut down permanently – owner

RT | June 7, 2013

Southern California Edison (SCE) has decided to permanently retire two units of its San Onofre Nuclear Generating Station (SONGS) on California’s Pacific coast, Edison International said in a press release.

“SONGS has served this region for over 40 years,” said Ted Craver, Chair and CEO of Edison International, the parent company of SCE, “but we have concluded that the continuing uncertainty about when or if SONGS might return to service was not good for our customers, our investors, or the need to plan for our region’s long-term electricity needs.”

Units 2 and 3 of the troubled plant have been shut down since January 2012, when a radiation leak led to the discovery of significant damage to several generator tubes. Many feared that the worsening conditions at the atomic power station would result in a Fukushima-like meltdown in California.

The plant’s generators have been malfunctioning for months. Today’s decision to permanently shut down the twin-domed facility comes after the US Nuclear Regulatory Commission’s Atomic Safety & Licensing Board ordered a hearing on Edison’s plan to restart Unit 2 at 70 percent of full power. The company’s officials claimed that operating the least-damaged reactor at that capacity would ensure its safety by reducing vibrations in the generator’s tubes.

It may take over a year for a final decision on the future of the reactor to be made, Edison said in its statement on Friday. It added that throughout that period the company will bear the costs of ensuring the reactor is prepared for a restart – a costly prospect for both the owner and its clients. SCE said it would rather focus its efforts on “planning for the replacement generation and transmission resources which will be required for grid reliability.”

The company also plans to reduce its current staff of about 1,500 to around 400 employees within the next 12 months, but vowed to handle the layoffs “fairly.”

It will take years to fully decommission the two San Onofre reactors. Edison said its “top priority will be to ensure a safe, orderly, and compliant retirement of these units.”

The US has 104 nuclear power reactors, 13 of which are currently being decommissioned, according to the NRC.

June 7, 2013 Posted by | Nuclear Power | , , , | Leave a comment

California cops defend phone confiscations as video of ‘constant bashing’ emerges

RT | May 15, 2013

Mounting pressure from national media and the local community still has not convinced California police to offer any explanation for why they confiscated cell phone video taken by witnesses who say eight or nine officers beat a helpless man to death.

The Kern County Sherriff’s Office has responded to allegations of police brutality only by stonewalling reporters and the family of David Silva, 33, who died last week after witnesses say police took turns hitting the supposedly inebriated man in the head with their batons. Observers who phoned 911 to report the police abuse were later visited by detectives demanding they turn over any footage captured in the early morning hours of Wednesday, May 8.

The seven Kern County deputies officials say were involved in the incident (the number of California Highway Patrol officers present is still unknown) have not been placed on administrative leave, according to the Bakersfield Californian, and department officials have refused to explain why.

“We’re following the same protocol, as far as the administrative process is concerned, that we’d follow in similar-type incidents,” said sheriff’s spokesman Ray Pruitt. Other law enforcement higher-ups echoed a similar sentiment by implying their silence was warranted by an “ongoing investigation” that could last for months.

The cause of death will be announced pending a toxicology report from the coroner as well as microscopic studies. But the delay in explanations fail to account for why witnesses told local and national media outlets that Silva appeared to die in front of them, after a police beating and while a canine unit looked on, apparently ready to intervene if Silva would have been allowed to stand.

Melissa Quair told the Bakersfield Californian that aggressive deputies showed up at her door and blocked the exit as they seized her boyfriend’s phone, which contained video of the beating. She also asserted that her mother was forced to forfeit her phone, even after the police were told it did not contain any supposed evidence.

“They used more force than was needed,” Quair said. “I told them that they didn’t have permission to say who could go in or out of my house. My mom is disabled and has a lot of doctor and medical numbers stored in her phone. But the detective didn’t care and they told my mom to write all her contacts down on a piece of paper and while she did they watched her like hawks.”

Only one poorly-lit video of the beating has surfaced, but 19 blows are visibly delivered by three officers.

“Constant bashing, this is constant bashing,” Chris Silva, brother of the victim, told KBAK-TV after the tape was broadcast on the local news. “You can count, you know – I can’t keep track. And it hurts my head looking at this.”

May 15, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture | , , , , , | Leave a comment

California dad ‘begged for his life’ as police beat him to death – witnesses

RT | May 10, 2013

A California father of four died Wednesday shortly after a group of police allegedly beat him with batons as he lay defenseless on the sidewalk. Cops, before confiscating witness’ cameras, also reportedly unleashed a canine unit on him.

David Sal Silva, 33, allegedly resisted when police approached him to ask if he was who neighbors called about to complain of an intoxicated man in the area. The officers called for backup and, witnesses told the Bakersfield Californian, Silva was soon being beaten in the face and upper body by as many as nine policemen and their batons. At least one of the cops reportedly held a German Shepherd on a leash nearby.

Witnesses who had recorded the events on their cell phone cameras had the devices confiscated by officers, who claimed the footage was part of a police investigation that could yield evidence. The Sheriff’s Department has released the names of seven officers who were on the scene, but the identities of the California Highway Patrol police who were also there have not yet been made public.

“When I got outside I saw two officers beating a man with batons, and they were hitting his head so every time they would swing, I could hear the blows to his head,” said witness Ruben Ceballos, who told the Californian the noise was so loud it woke him up.

“His body was just lying on the street and before the ambulance arrived one of the officers performed CPR on him and another used a flashlight on his eyes but I’m sure he was already dead.”

Police have refused to comment, citing an ongoing investigation that could take years to complete, but relatives have demanded the cell phone footage be made public.

“My brother spent the last eight minutes of his life pleading, begging for his life,” said Christopher Silva, 31. “The true evidence is in those phone witnesses that apparently the sheriff deputies already took. But I know the truth will come out and my brother’s voice will be heard.”

An autopsy was completed Thursday but the cause of death’s release is pending a toxicology report and microscopic studies, the local coroner’s office told the Bakersfield Californian Friday.

The family has hired attorney David Cohn, who told reporters they plan to file a civil rights lawsuit in federal district court next week. He sent a letter formally requesting that law enforcement agencies do not tamper with the video evidence on the phones.

“We all know that a picture is worth a thousand words,” Cohn said. “And thank God we have concerned citizens who take video and pictures of incidents like this and who are ultimately policing the police … But we will get to the bottom of this and I ask the sheriff’s department once again, what are you hiding?”

May 11, 2013 Posted by | Civil Liberties, Full Spectrum Dominance, Subjugation - Torture | , , , , | Leave a comment

Mother of five killed by Border Patrol agent

RT | October 1, 2012

A US Customs and Border Protection agent shot and killed a 32-year old mother of five in southern California after her car allegedly bumped into the man.

Valeria “Monique” Alvarado was killed on a residential street at 1 p.m. Friday. Border Patrol officials claim the woman driving the vehicle “assaulted” the officer by running him down with her car. The on-duty agent was responding to a felony warrant in the area, which was unrelated to Alvarado.

“The suspect was armed with a vehicle, and literally ran our agent down,” CBP Chief Patrol Agent Rodney Scott told NBC San Diego. “He was carried several hundred yards before he discharged his weapon through the windshield of the vehicle.”

Border Patrol officials claim that the agent ended up on the hood of the car after being struck – but multiple witnesses told reporters that they never saw the man anywhere close to being on the car. As the agent opened fire on the woman at least six times, the woman reversed in an attempt to get away from the approaching officer’s gunfire.

“As the car was backing up the officer was in the street walking toward the car, and discharging,” a witness said. The agent was dressed in plain clothes and was not displaying a badge.

“Without her even able to say a word – I didn’t hear anything – [he] just came across and just shot at the windshield many times,” Ashley Guilbeay told KMFB-TV.

Family members of the shooting victim argue that the mother of five would never intentionally hurt anyone – and that the officer overreacted by shooting her to death.

“My wife got killed for no reason,” Gilbert Alvarado told NBC 7. “Show me that my wife had a gun or something that threatened the guy’s life where he had to use lethal force against her.”

Witnesses say Alvarado may have accidentally hit the agent with her car and panicked when he pulled out a gun.

“The whole [thing] didn’t look right,” witness Ayanna Evans said.

Family and friends of the victim are demanding justice for the woman whose death leaves five children between the ages of 3-17 years motherless. The Southern Border Communities Coalition is working with Alvarado’s family to make sure the Border Patrol’s investigation is transparent.

Alvarado was a US citizen who was not wanted by law enforcement authorities, which Christian Ramirez of the Southern Border Community Coalition calls “troubling.”

“I don’t think it should have [gone] down like that. I don’t think she should have been shot,” a neighbor told NBC 7.

October 1, 2012 Posted by | Civil Liberties | , , , | Leave a comment

Tube wear detailed at San Onofre, California nuke plant

By Tony Cadwalader | Daily Energy Dump | July 13, 2012

Costs and scrutiny continue to mount

Federal regulators have released the most detailed information to date on damage at California’s idled San Onofre nuclear power plant, according to KFI-AM in Los Angeles reporting an Associated Press story. (Via Drudge)

“Records posted Thursday show the extent of wear in 3,400 tubes that carry radioactive water in the plant’s troubled steam generators. The tube wear caused by vibration and friction was found in 15,000 places at varying degrees of erosion. The report has implications for the fate of the plant shut down since January.”

A fuller version of the story at the AP site said: ”The steam generators, which resemble massive steel fire hydrants, are one of the central pieces of equipment in a nuclear plant. At San Onofre, each one stands 65 feet high, weighs 1.3 million pounds, with 9,727 U-shaped tubes inside, each three-quarters of an inch in diameter.

“The alloy tubes represent a critical safety barrier – if one breaks, there is the potential that radioactivity could escape into the atmosphere. Also, serious leaks can drain protective cooling water from a reactor.

“Gradual wear is common in such tubing, but the rate of erosion at San Onofre startled officials since the equipment is relatively new. The generators were replaced in a $670 million overhaul and began operating in April 2010 in Unit 2 and February 2011 in Unit 3.

“Tubes have to be taken out of service if 35 percent – roughly a third – of the wall wears away, and each of the four generators at the plant is designed to operate with a maximum of 778 retired tubes.

“In one troubled generator in Unit 3, 420 tubes have been retired. The records show another 197 tubes in that generator have between 20 percent and 34 percent wear, meaning they are close to reaching the point when they would be at risk of breaking.

“More than 500 others in that generator have between 10 percent and 19 percent wear in the tube wall.”

July 13, 2012 Posted by | Nuclear Power | , , , , | Leave a comment

The Broken Nuke

By RUSSELL D. HOFFMAN | CounterPunch | July 11, 2012

San Onofre Nuclear (Waste) Generating Station has been shut down for nearly six months, ever since one of the heat transfer tubes inside their new steam generators in Reactor Unit 3 ruptured suddenly and unexpectedly.

The normal pressure difference from one side of the tube to the other is enormous: About 1,000 pounds per square inch, so even a tiny leak spews many gallons of “primary coolant” (which is highly radioactive) into the “secondary coolant loop” (which, ideally, is not radioactive at all).  When a leak occurs, the primary coolant flashes to steam as it exits the broken tube, and the steam is so hot it can cut through the tube like a welder’s torch, eventually cutting a complete circle around the tube, releasing it to fling around and damage other tubes.

There are nearly 10,000 U-shaped heat transfer tubes inside each steam generator.  They are about the thickness of a credit card and the diameter of your thumb.

Reactor Unit 2 was already shut down for massive repairs and refueling when Unit 3 sprang a leak.  Neither unit has operated since then (and the lights have remained on.  We do not need San Onofre).  An older reactor, Reactor Unit 1, was retired 20 years ago for basically the same reason, and has since been dismantled.  It’s time to dismantle Units 2 and 3, too.

SanO’s majority owner and operator, Southern California Edison, recently claimed to have identified the cause of Unit 3′s current problem as “fluid elastic instability”.  And although Unit 2 is of identical design and also has two new steam generators which are also experiencing excessive wear, SCE claims Unit 2 will not suffer the same problem if they restart it at reduced power.  SCE wants to do that next month, probably at half power, which does NOT mean the pressure differences and flow rates are half as much, because efficiency drops off substantially when the plant is not run at its maximum practical output (and so do profits for SCE!).

If Unit 2 runs without problems, they’ll bump the power up to 60%, then 70% and then 80%.  (So far that’s as high as they’ve said they’ll dare to go.)  Then they’ll start talking about restarting Unit 3 at reduced power as well.

If nothing ruptures, they’ll shut the reactor down periodically to check for wear, since they can’t tell what’s happening inside the steam generators while the reactor is operating.  The extra shutdowns are costly and hold additional dangers.  (The Nuclear Regulatory Commission keeps carefully track of how many times a reactor is cycled on and off.)

Restarting either SanO unit should be opposed by everyone in Southern California.  It’s not worth the risk.

Fluid elastic instability was first identified around 1970 and occurs when a fluid — usually a steam/water mixture (in this case mostly steam) flows across a bundle of tubes.  In the case of San Onofre, the steam/water mixture traverses the tubes at the U-portion of the tubes at their top.

A cascade of tube failures is substantially more likely under fluid elastic instability conditions than most other tube-rupture scenarios.  If a cascading tube failure occurs, the fact that SanO’s design has only two steam generators (whereas most Pressurized Water Reactors (PWRs) have three or four) becomes an additional serious liability:  The second (only remaining) steam generator has to remove ALL the heat from the reactor.  Debris from the first steam generator failure may further complicate matters.

SCE was very reluctant to admit they’ve got a fluid elastic instability problem, and when they made a presentation to the Southern California Association of Governments (SCAG) last week, they didn’t try to explain what fluid elastic instability is.  They just said that it was apparently the problem.

However, the phenomenon is described in a 2001 ASME handbook on flow induced vibrations by M. K. Au-Yang:  Upon crossing the “critical velocity” the tube vibrations “suddenly rapidly increase without bound, until tube-to-tube impacting or other non-linear effects limit the tube motions.”  The vibrations: “become correlated and bear definite phase relationship to one another…”

In other words, the tubes rock back and forth together like people doing “the wave” or some other motion in a stadium.

Fluid elastic instability is difficult to model using computer simulations and SCE did not do full-scale modeling of the new steam generator design.  They also skipped full-scale hot testing after installing the new steam generators in 2010 and 2011.

When a tube started to leak in January 2012, the reactor operators did NOT suspect fluid elastic instability, and did NOT do the immediate prudent thing:  Shut down the reactor.

Instead, they kept running at full power until it was determined that the leak was growing — always a bad sign.  Permitted leakage rates, and total amounts, would have both soon been exceeded.  Normally, when the reactor is shut down for routine maintenance, faulty tubes are plugged. This process continues for the life of the plant or until so many tubes are plugged that the steam generators have to be replaced.  When the plant was built, it was believed that the steam generators would last the full life expectancy of the plant.  But throughout the nuclear industry, replacing steam generators has become a huge business.

Fluid elastic instability is relatively rare but is much more frightening than a typical steam generator tube leak.  Some leaks are left to spew, because rather than grow, they clog up with crud and stop spreading.  But growing leaks cannot be ignored.

Of the nearly 40,000 tubes inside the four new steam generators in the two operating reactors at San Onofre, more than 1,300 were found to have excessive wear to such a degree that they needed to be plugged.  About 10% of those were pressure-tested before being plugged, and eight failed the pressure tests — some failed at pressures BELOW standard operating pressure!

SCE officials are very reluctant to say how many tubes have failed in Unit 2, stressing that “only two” tubes indicated tube-to-tube wear, which, they feel, was probably caused by turbulence, not fluid elastic instability.  They aren’t certain, though, and just because fluid elastic instability hasn’t been experienced in Unit 2 yet, doesn’t mean it can’t happen there, either under normal operating conditions or during an emergency.

SCE has no idea when fluid elastic instability might occur.  Their computer models are known to have been off by 300 to 400 percent.  Flow rates are known to be way too high, and there is way too much steam and not nearly enough water at the top of the tubes (a mixture with more water would have been much better at dampening vibration).

Maybe SCE is right that lowering the power output will ensure safe operation.  But what if they’re wrong?  SCE wants to experiment with all our lives.

And let’s say they succeed.  Let’s say they get the reactors operating again.  Then, they will just go back to producing more spent fuel nuclear waste, a growing problem for which there is still no solution.  It will mean the next time there is an earthquake or a tsunami, San Onofre will threaten our farmlands, our cities, and our lives once again.  It will mean San Onofre will continue to threaten SoCal at least until the NRC relicenses the plant in 2022/2023, and then for 20 more years after that (and so on ad infinitum).   The NRC has never denied a nuclear power plant a license renewal in its history, and is especially unlikely to do so in California where new nuclear power plants are forbidden by state law.

San Onofre is shut down today because it was poorly designed, poorly constructed, and poorly operated.  Let’s keep it shut down.  It’s not going to get any better.

Russell D. Hoffman can be reached at: rhoffman@animatedsoftware.com

July 11, 2012 Posted by | Nuclear Power | , , , , | Leave a comment

A Thousand Years of Solitude

By Joanne Mariner | Justia.com | June 4, 2012

Imagine spending a month alone in a windowless cell the size of a small bathroom.  Now multiply that by 100, and you can begin to understand the average period of solitary confinement endured by prisoners held in the Security House Unit at California’s Pelican Bay State Prison.

The SHU, as the unit is called, houses more than 1,000 men, most of them remaining in solitary confinement for years, even decades.

According to official prison statistics, more than 500 prisoners at the SHU (or about half the total population) have been held there for more than 10 years. What is more, 78 prisoners have been held at the SHU for more than 20 years.

The Center for Constitutional Rights, a non-profit public interest law firm, filed a class action complaint in federal court last week on behalf of ten named plaintiffs who are incarcerated in the SHU, calling the SHU’s solitary confinement regime “inhumane and debilitating.”  The plaintiffs, who had originally filed the case without legal assistance, have each been held in solitary confinement for between 11 and 22 years.

These numbers are stunning no matter how one looks at them. A recent European human rights court case condemned Russia for holding a prisoner in solitary confinement for three years, which, compared to the length of prisoners’ stays in the SHU, is a short stint. In the aggregate, prisoners held at the SHU spend thousands of years in their cells alone. It is a large-scale experiment in sensory deprivation and social isolation.

Communication as a Disciplinary Offense

The complaint paints a stark picture of daily life in the SHU.  Prisoners in the SHU “normally spend between 22 and one-half and 24 hours a day in their cells. They are typically allowed to leave their cells only for ‘exercise’ and to shower.”

The cells are made entirely of concrete and measure approximately 80 square feet.  They contain a concrete bed, a sink, and a toilet, as well as a concrete desk and stool.  Prisoners’ personal belongings are extremely limited.  The cell doors are made up of solid steel, not bars, and have small round perforations that allow a partial view into the hallway.

The only means prisoners have to communicate is to yell or speak loudly to their neighbors, which may be deemed to be a disciplinary offense.

“Exercise,” according to the complaint (which puts the word in quotes), takes place in “a barren, solid concrete exercise pen, known as the ‘dog run.’” Until last year, the exercise pen was empty.  Following an organized hunger strike by prisoners, the authorities added a handball to the pen.

Phone calls are not allowed, except in exceptional circumstances like a death in the family, and even then permission to make a call is granted at the prison authorities’ discretion.  The complaint describes how one of the plaintiffs, Gabriel Reyes, “was denied a telephone call home after his stepfather died, because he had been allowed a telephone call several months earlier when his biological father died.”

Family members are limited to non-contact visits, behind plexiglass, with communication taking place over a telephone handset.  The prison gets few visitors, as it is located far from most prisoners’ home cities, near the state’s northern border with Oregon, and visiting hours are extremely limited. As the complaint explains, many prisoners have “been without face-to-face contact with people other than prison staff for decades.”

Prisoners have no access to recreational or vocational programming.  Psychological counseling is minimal, despite the obvious mental health risks at issue. When one plaintiff requested mental health care, the complaint asserts, “he was referred to a ‘self-help’ library book.”

While most prisoners are held in solitary confinement, a few are double-celled.  The complaint suggests that the only thing nearly as bad as solitary confinement is being locked in close quarters with one other person, with no possibility of leaving the room. “[D]ouble-celling,” the complaint says, “requires two strangers to live around-the-clock in intolerably cramped conditions, in a cell barely large enough for a single human being to stand or sit.”

Indefinite Confinement

No judge ever sentences a prisoner to serve time at the Pelican Bay SHU.  Instead, it is the state prison bureaucracy that puts people there and keeps them there.  California has a serious problem of gang violence, both in the prisons and beyond, and segregation in the SHU, where prisoners’ ability to act and communicate is extremely limited, is viewed as an effective control mechanism.

Prisoners end up at the SHU via a process called prison gang validation, which often relies on information provided by confidential informants. Prisoners who are believed to be associated with a gang—even without any indication of gang activity, or even actual gang membership—are “validated” as gang affiliates.  They then can be placed in the SHU for an indefinite term.

The only real way to exit the SHU, short of being released from prison after serving one’s sentence(s), is to “debrief” to the prison authorities, i.e., to formally renounce any association with a gang and to report on other prisoners’ gang activity.  This is an obviously dangerous option, and many prisoners refuse to try it.

After six years in the SHU, there is supposed to be another way out, but the complaint alleges that it does not operate as it should.  Prisoners receive a six-year review to evaluate whether they are “active” with a gang or have gained “inactive” status.  But, the complaint states, the review lacks seriousness, with the prison authorities pointing to reading material, artwork, and minor disciplinary offenses such as talking to other prisoners as grounds for denying inactive status.

The empty promise of the six-year review is especially damaging for prisoners who are eligible for parole.  One such prisoner is George Ruiz, is a 69-year-old Latino man who has spent the last 28 years of his life in solitary confinement, 22 of those years at the SHU. Ruiz has been eligible for parole since 1993, but the parole board has reportedly told him that he will never obtain parole as long as he is held at the SHU.

A recent UN report, issued by the UN special rapporteur on torture, criticized this sort of indeterminate segregation.  It explained that “[t]he feeling of uncertainty when not informed of the length of solitary confinement exacerbates the pain and suffering of the individuals who are subjected to it.”  “Indefinite solitary confinement,” the report concluded, “should be abolished.”

The Outer Bounds of Psychological Tolerance

Conditions at the Pelican Bay SHU have been challenged in court before.  In the early 1990s, a few years after the prison opened, a class action suit was brought on behalf of prisoners there. The resulting court decision found SHU conditions to be unconstitutional for mentally ill prisoners and prisoners who were at high risk of mental illness.

Although the court emphasized that the harsh conditions at the SHU “may press the outer bounds of what most humans can psychologically tolerate,” it did not find them to constitute cruel and unusual punishment for all prisoners held there. The court emphasized, however, that its ruling covered people who had been held at the SHU for a few years—mostly three years or less—and that it could “not even begin to speculate on the impact on inmates confined in the SHU for periods of 10 to 20 years or more.”

The present case poses exactly the situation that the previous court did not reach.  It catalogues a range of psychological harms stemming from confinement at the SHU, including depression, nervousness, headaches, insomnia, nightmares, fears of an impending nervous breakdown, hallucinations, and multiple suicide attempts.

“I feel dead,” said Luis Esquivel, one of the plaintiffs in the suit, to his lawyers. “It’s been thirteen years since I have shaken someone’s hand and I fear I’ll forget the feel of human contact.”

~

Joanne Mariner, a Justia columnist, is the director of Hunter College’s Human Rights Program. She is an expert on human rights, counterterrorism, and international humanitarian law. She is the author of the Human Rights Watch report, No Escape: Male Rape in U.S. Prisons.

June 8, 2012 Posted by | Civil Liberties, Subjugation - Torture, Timeless or most popular | , , , , , , | Leave a comment