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Monday, December 09, 2019 {{ new Date().getDay() }}

By Neela Banerjee, Tribune Washington Bureau

ARNEGARD, N.D. — Every weekday, about a dozen large garbage trucks peel away from the oil boom that has spread through western North Dakota to bump along a gravel road to the McKenzie County landfill.

The trucks drive up to a scale flanked by something seldom found in rural dumps — two 8-foot-tall yellow panels that essentially form a giant Geiger counter.

Two or three times a day, the radiation detector blares like a squad car, because under tons of refuse someone has stashed yard-long filters clotted with radioactive dirt from drilling sites.

The “socks” are supposed to be shipped to out-of-state processing plants. But some oil field operators, hoping to save tens of thousands of dollars, dump the socks in fields, abandoned buildings, and landfills.

“It’s a game of cat-and-mouse now,” said Rick Schreiber, the landfill’s director. “They put the sock in a bag inside a bag inside a bag.”

Nearly 1,000 radioactive filters were found last year at the landfill, part of a growing tide of often toxic waste produced by the state’s oil and gas rush. Oil field waste includes drill cuttings — rock and earth that come up a well bore — along with drilling fluids and wastewater laced with chemicals used in fracking.

To many local and tribal officials, environmentalists, and some industry managers in North Dakota, the dumping of the socks and the proliferation of other waste shows the government falling short in safeguarding the environment against oil field pollution.

The Environmental Protection Agency decided during the Reagan era to classify oil field waste as not hazardous, exempting it from tight controls and leaving it to be managed by widely varied state laws. Nationally, no one tracks how many millions of tons of waste the fossil fuel boom generates, or where it ends up.

The EPA exempts the waste, in part, because it considers state oversight adequate, despite what the agency calls “regulatory gaps in certain states.”

Most oil companies dump drilling waste into thousands of pits by their wells, but North Dakota, the second-largest oil-producing state behind Texas, does not test the pits’ contents or monitor nearby groundwater for contamination.

Rather than using instrumentation, North Dakota regulators visually inspect the on-site pits and “special waste” landfills to determine if the loads are wet or leaking.

“A lot of the stuff we deal with wouldn’t come here if it were designated as hazardous,” Schreiber said. “Hazardous waste has a manifest, it’s better tracked. Now, there’s no tracking, and it’s left to individual landfills like ours to deal with it.”

Indeed, Schreiber installed the radiation detectors on his own, not upon orders from the state.

The harshest reaction so far to North Dakota’s growing oil field waste has come from middle managers of several oil companies who formed a watchdog group, the Bakken Waste Watch Coalition, that has asked the regional office of the EPA to clamp down on the state.

“The waste is, in fact, toxic,” said one company manager, who like others in the group, requested anonymity for fear of losing his job. North Dakota “will see 12,000 more slop pits, some on top of known aquifers, in the next decade, seething with who-knows-what — then abandoned.”

Scott A. Radig, director of the state health department’s waste management division, countered that the EPA exemption is “working fine” in North Dakota.

“The huge majority of waste, if it had to be tested for hazardous characteristics, wouldn’t register as hazardous waste,” he said.

North Dakota has long produced oil, but the latest boom took off in 2006, when high-volume hydraulic fracturing, or fracking, tapped the northwestern Bakken shale formation.

Soon the deep green of durum wheat fields and shocking yellow of canola give way to rectangular lots of red scoria gravel studded with drilling rigs and horse head pumps. The area’s nearly 7,400 wells are the start of development that could bring another 40,000 wells in the next 20 years.

Last year, 1.75 million tons of oil field refuse went to special waste landfills, Radig said.

At least 80 percent of North Dakota’s oil companies dispose of millions more tons of drilling waste in pits near rigs, said Lynn Helms, director of the Department of Mineral Resources, which oversees oil development. North Dakota does not have an environmental protection agency.

Studies including by the EPA show that oil field waste contains substances dangerous to human health, especially if they enter groundwater. Benzene, for instance, is a carcinogen.

Radium and barium, naturally occurring radioactive elements, are sometimes brought up by drilling, an especially acute problem in North Dakota. The levels of radioactivity are low but the volumes great, and their potential effect is unclear.

“They are exempt from being classified as a hazardous waste, but that doesn’t mean they are not hazardous,” said Bill Olson, a retired hydrologist who worked on New Mexico’s stricter 2008 oil field waste rules. (The administration of Gov. Susana Martinez, a Republican, weakened the rules last year.) Sampling in New Mexico and elsewhere has shown pits leaking into groundwater.

North Dakota requires cuttings be dry before the plastic-lined pits are buried, to reduce the risk of leaching. Oil field refuse at special waste landfills must be dry, too, under an agreement between the health department and the EPA.

The health department told the EPA it would conduct visual inspections and a more rigorous test that entails running oil field waste through a small paper filter to detect liquids. But in practice, North Dakota seldom, if ever, tests oil field waste for wetness.

“The reason it isn’t necessary is that it’s pretty easy to look at waste and tell if it’s wet or not,” Radig said. “It’s like being able to tell the difference between dirt and mud.”

Blaine Nordwall, attorney for the Bakken Waste Watch Coalition, argues that the state should rely on the more stringent filter test. “The problem with visual inspections is that they produce no data or records,” he said. “You could have thousands of gallons of liquid under loads of dirt.”

The mineral resources department relies exclusively on visual inspections, too.

“Is visual inspection enough? I think so,” Helms said. “If a pit has a problem with water, the diesel fuel comes to the surface.”

AFP Photo/Karen Bleier

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Rep. Bennie Thompson

Photo by Customs and Border Protection (Public domain)

Chairman Bennie Thompson (D-MS) Friday afternoon announced the House Select Committee on the January 6 Attack has issued subpoenas to 14 Republicans from seven states who submitted the forged and "bogus" Electoral College certificates falsely claiming Donald Trump and not Joe Biden won the 2020 presidential election in their states.

The Chairman appeared to suggest the existence of a conspiracy as well, noting the "the planning and coordination of efforts," saying "these so-called alternate electors met," and may know "who was behind that scheme."

Keep reading... Show less

Chris Cuomo

News Literacy Week 2022, an annual awareness event started by the News Literacy Project, a nonpartisan nonprofit dedicated to making everyone “smart, active consumers of news and information and equal and engaged participants in a democracy” has closed out. From January 24 to 28, classes, webinars, and Twitter chats taught students and adults how to root out misinformation when consuming news media.
There’s no downplaying the importance of understanding what is accurate in the media. These days, news literacy is a survival tactic. One study estimated that at least 800 people died because they embraced a COVID falsehood — and that inquiry was conducted in the earliest months of the pandemic. About 67 percent of the unvaccinated believe at least one COVID-19 myth, according to the Kaiser Family Foundation.
It’s not that accurate information isn’t available; people are rejecting reports of vaccine efficacy and safety because they distrust the news media. A third of Americans polled by Gallup said they have no trust at all in mass media; another 27 percent don’t have much at all.
Getting people to believe information presented to them depends more on trust than it does on the actual data being shared. That is, improving trust isn’t an issue of improving reporting. It’s an issue of improving relationships with one’s audience.
And that’s the real news problem right now; some celebrity anchors at cable news outlets are doing little to strengthen their relationships with their audiences and a lot to strengthen their relationships with government officials.
The most obvious example is how CNN terminated Prime Time anchor Chris Cuomo last month for his failure to disclose the entirety of his role in advising his brother, former New York Gov. Andrew Cuomo, on the sexual harassment accusation that unfolded in Albany, a scandal that eventually led to Andrew Cuomo’s resignation.
But there are others. Just this month, the House Select Committee to Investigate the January 6th Attack on the United States Capitol revealed that another anchor on another cable news network, Laura Ingraham of Fox News’ The Ingraham Angle, texted then-White House Chief of Staff Mark Meadows last January, advising Meadows how Trump should react to reports of possible armed protests at state capitols around the country. This revelation followed the story that Sean Hannity, host of the eponymous news hour at Fox News, also texted Meadows with advice last year.
And while he didn't advise a government official, CNN anchor Don Lemon revealed information not available to the public when he texted embattled Empire actor Jussie Smollett to tip him off about the Chicago Police Department’s wavering faith in his story about an assault. That’s from Smollett’s own sworn testimony.
When English philosopher Edmund Burke joked about the press being the Fourth Estate — in addition to the First, Second and Third (the clergy, nobility and commoners, respectively) — his point was that, despite their influence on each other, these “estates” — bastions of power — are supposed to be separate.
The Fourth Estate will always be an essential counterweight to government. But, since Donald Trump was elected in 2016, we’ve been so focused on stopping an executive branch from pressing the press to support an administration's agenda — either by belittling journalists or threatening to arrest them for doing their jobs — that we’ve ignored the ways that it affects and influences other Estates, and not necessarily through its reporting.
That is, we have news personalities-cum-reporters who are influencing government policy — and not telling us about it until it’s too late.
The United States has fostered an incredible closeness between the Second Estate — which in 2021 and 2022 would be political leaders — and the Fourth Estate. About a year ago, an Axios reporter had to be reassigned because she was dating one of President Biden’s press secretaries. Last year, James Bennet, the former editorial page editor of the New York Times and brother of Colorado Senator and 2020 Presidential candidate Michael Bennet, had to recuse himself publicly from the Gray Lady’s endorsement process. In 2013, the Washington Post reported at least eight marriages between Obama officials and established journalists.
To be clear, there aren’t any accusations that anyone just mentioned engaged in anything other than ethical behavior. But I, for one, don’t believe that James and Michael Bennet didn’t discuss Michael’s campaign. I don’t think the Axios reporter and her West Wing-employed boyfriend — or any journalists and their federally employed spouses, for that matter — didn’t share facts that the public will never know. Such is the nature of family and intimacy.
And as long as those conversations don’t affect the coverage of any news events, there’s nothing specifically, technically wrong with them. But that doesn’t mean that they aren’t damaging.
As these stories show, when we don’t know about these advisor roles, at least not until someone other than the journalist in question exposes them, it causes a further erosion of trust in news media.
What’s foolish about the Cuomo, Ingraham, Hannity, and Lemon improprieties is that they don't necessarily need to be the problem they’ve become. Cuomo’s show contained opinion content like 46 percent of CNN’s programming. An active debate rages on as to whether Fox News is all opinion and whether or not it can rightly even be called opinion journalism since its shows are so studded with inaccuracies and lies.
What that means is that Cuomo, Ingraham, Hannity, and Lemon are allowed to take a stand as opinion journalists; Cuomo and Lemon never really worked under a mandate of objectivity and Ingraham and Hannity likely wouldn’t honor it if they did. Indeed, a certain subjectivity — and explaining how it developed for the journalist — is part of an opinion journalist’s craft. To me, little of these consulting roles would be problematic if any of these anchors had just disclosed them and the ways they advised the people they cover.
But they didn’t. Instead, the advice they dispensed to government employees and celebrities was disclosed by a third party and news of it contributes to the public’s distrust in the media. While personal PR advisory connections between journalists and politicians haven’t been pinpointed as a source of distrust, they may have an effect. Almost two-thirds of respondents in a Pew Research poll said they attributed what they deemed unfair coverage to a political agenda on the part of the news organization. No one has rigorously examined the ways in which individual journalists can swing institutional opinion so it may be part of the reason why consumers are suspicious of news.
Cleaning up ex post facto is both a violation of journalistic ethics and ineffective. Apologies and corrections after the fact don't always improve media trust. In other credibility contests, like courtroom battles, statements against one’s interests enhance a person’s believability. But that’s not necessarily true of news; a 2015 study found that corrections don’t automatically enhance a news outlet’s credibility.
It’s a new adage for the 21st century: It’s not the consulting; it’s the cover-up. Journalists need to disclose their connections to government officials — up front — to help maintain trust in news media. Lives depend on it.

Chandra Bozelko did time in a maximum-security facility in Connecticut. While inside she became the first incarcerated person with a regular byline in a publication outside of the facility. Her “Prison Diaries" column ran in The New Haven Independent, and she later established a blog under the same name that earned several professional awards. Her columns now appear regularly in The National Memo.


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