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Thursday, July 28, 2005

The U.S. House of Representatives approved the Central American Free Trade Agreement (CAFTA) early morning Thursday, with a narrow vote of 217 in favor, 215 against. Voting was held open for an hour, 45 minutes past the House’s 15-minute voting rule as the President along with other supporters lobbied into the night.

The vote was so close, if one House member changed a “Yea” vote to a “Nay” vote, CAFTA would have failed in a 216-216 tie.

In tallying the votes, 25 Republicans, mostly from Midwest Corn Belt and Rust Belt states and the Southeast United States’s textile industrial belt, broke party line to vote against the measure. Two Republicans were present, but refused to vote.

The Democrats presented a more united front. All but 15 Democrats present voted against the treaty. Independent House members, who usually vote with the Democrats also voted against the measure.

Supporters of the measure include President George W. Bush, Vice President Dick Cheney, U.S. Trade Representative Rob Portman and Commerce Secretary Carlos Gutierrez. Opponents included most House Democrats.

The trade agreement already passed the Senate in June. President Bush has said he will sign it into law.

DR-CAFTA encompasses the following components:

• Services: all public services are to be open to private investment.
• Investment: governments promise to grant ironclad guarantees to foreign investment.
• Government procurement: All government purchases must be open to transnational bids.
• Market access: governments pledge to reduce and eventually to eliminate tariffs and other measures that protect domestic products.
• Agriculture: duty-free import and elimination of subsidies on agricultural products.
• Intellectual property rights: privatization of and monopoly over technological know-how.
• Antidumping rules, subsidies and countervailing rights: governments commit to phase out protectionist barriers in all sectors.
• Competition policy: the dismantling of national monopolies.
• Dispute resolution: the right of transnationals to sue countries in private international courts.
• Environmental protection: the enforcement of environmental laws and improvement of the environment.
• Labor standards: the enforcement of the International Labour Organization‘s core labor standards.
• Transparency: the reduction of government corruption.
• Test-Data Exclusivity for pharmaceutical corporations

Sunday, October 10, 2010

A United States federal court judge and Florida state court judge are enmeshed in a conflict against each other regarding a wrongful death lawsuit involving Scientology.

A federal judge for the United States District Court for the Middle District of Florida, Steven Douglas Merryday, ordered Pinellas County Senior Circuit Judge Robert E. Beach not to intervene regarding appearance of an attorney in a federal court case involving Scientology. Lawyer Kennan Dandar is representing the estate of Kyle Thomas Brennan in a wrongful death claim against the Scientology organization.

The suit asserts that members of the Scientology organization, including the father of Brennan, removed access to the deceased’s anti-depression medication, and provided him with means to utilize a loaded gun. Brennan had been staying with his father for a week prior to his death. Police in Clearwater, Florida investigated the 2007 death of Brennan, and determined it was a suicide. Kyle Brennan was himself not a member of Scientology. The lawsuit, filed in 2009, was filed by Brennan’s mother on behalf of her son’s estate. Named as defendants in the lawsuit include the Scientology organization, its subdivision the Flag Service Organization, twin sister of Scientology leader David Miscavige – Denise Gentile, and her husband Gerald Gentile.

Attorney Dandar had previously represented the estate of Lisa McPherson in a separate civil wrongful death claim against the Scientology organization. After being under the care of members of the Scientology organization for 17 days, McPherson died in Clearwater in 1995. The wrongful death suit claimed that Scientology officials permitted McPherson to deteriorate to a dehydrated state, where her condition was such that she did not have the energy to fend off cockroaches from biting her skin.

Scientology management settled the McPherson wrongful death case in 2004; lawyers representing the organization stated the settlement included a confidential arrangement with Dandar to never again represent clients in lawsuits against Scientology entities. The settlement included an agreement that both sides would never speak again about the case; California lawyer Ford Greene commented, “The church bought silence.” The Scientology organization had also filed a countersuit against the estate of Lisa McPherson, and named Dandar a party to that lawsuit. The organization claimed Dandar had inappropriately tried to add the head of Scientology David Miscavige as a party to the wrongful death lawsuit.

Scientology legal representatives requested Judge Beach to see to it that Dandar abide by the secret settlement agreement, and Beach subsequently issued an order in June 2009 that Dandar be removed from the Brennan wrongful death case. Dandar faced sanctions from Judge Beach including suspension of Dandar’s license to practice law, a US$130,000 judgement to be given to the Scientology organization, and a fine of $1,000 per day. Judge Beach ruled that all money from the sanctions imposed against Dandar – were to go directly to the Scientology organization. The Tampa Tribune noted that Judge Breach made his ruling, “in an inexplicably closed hearing from which Beach tossed a St. Petersburg Times reporter”.

Faced with these possible sanctions, Dandar filed an “involuntary” motion to withdraw from the Brennan wrongful death case in federal court, but Judge Merryday denied this request. Dandar stated to The Tampa Tribune, “I’m stuck in the middle of two courts.”

D. Wallace Pope, a lawyer for the Scientology organization, stated that he wished to show evidence regarding the settlement in the McPherson wrongful death case. However, Judge Merryday emphasized his main issue was determining whether or not Dandar was being penalized for obeying the federal court’s order denying his request to be withdrawn from the Brennan wrongful death case. Judge Merryday stated he would prevent the Scientology organization along with Judge Beach from punishing Dandar for representing his client in US federal court. Merryday stated Beach had attempted to usurp control outside of his jurisdiction, thereby “aggressively” interferring with the US federal court process through imposing sanctions on Dandar.

Merryday has served as a US federal judge based in Tampa, Florida since 1992. The St. Petersburg Times noted that Judge Merryday, “has presided over some of the region’s most noteworthy cases.” Judge Merryday’s court order creating an injunction against Beach was 29-pages long, and criticized the “stunning severity” of Beach’s sanctions imposed on Dandar. Merryday explained that the federal court needed to “act in defense of the (federal) court’s jurisdiction”, due to Beach’s actions. Referencing Judge Beach, Merryday wrote in his court order, “A judge should not undertake, directly or indirectly, overtly or through a surrogate, to compel an act by another judge, especially in a different jurisdiction.”

Judge Merryday stated to Scientology lawyers, “have forced my hand on this issue.” Merryday stated to Scientology lawyer, Robert Potter, “I don’t like being put in this position. When people start to squeeze, other people can squeeze back.” Potter asked him to seal the proceedings from public view, and Judge Merryday responded, “I’m not going to be entering any seals unless I see a lawful reason, and I can’t even see the beginning of a reason”. Merryday stated he would not allow his court to be influenced by “some circuit judge somewhere who appears for all I can tell to have sealed something for some unknown reason”.

Judge Beach responded to Judge Merryday’s injunction which “permanently enjoined” him from imposing sanctions on Dandar, by filing a motion on Thursday in federal court in Tampa. Beach asked Merryday to rescind his order so that he may recuse himself from acting as a judge on the Scientology case related to Dandar. Beach’s motion argued that he was denied due process because he was not given notice by Merryday of the hearing which occurred before Merryday issued his ruling. In addition, Beach asserted Merryday did not have power to issue the ruling restricting him from sanctioning Dandar, because Beach was not a party to the Brennan wrongful death case, and Merryday lacked authority to restrict powers of a judge from outside his federal court jurisdiction. In response, Judge Merryday has scheduled a hearing for October 12 in federal court to hear state court judge Beach.

Martin Errorl Rice is an attorney in St. Petersburg, Florida who represented Beach in the motion before the US federal court. Rice stated his client’s motivation in requesting the ruling by Judge Merryday be rescinded was to allow Beach to recuse from the Scientology case. Rice told the St. Petersburg Times that his client’s conflict with the US federal court has “cast kind of a cloud” over Beach’s position in the Scientology case.

Stetson University College of Law constitutional law professor Michael Allen analyzed the clash between the US judge and Florida judge for The Tampa Tribune. Allen observed that it was “very, very rare” for a US federal judge to order a state judge. He noted that a 1793 federal law contravenes such orders – except in “extraordinarily narrow” cases where the federal judges are permitted to create rulings in order to safeguard the jurisdiction of their federal court proceedings.

Wednesday, June 2, 2010

Hewlett-Packard (HP) expects to lose 9,000 jobs between now and 2013 in a US$1 billion (£686m) restructuring plan.

The 9,000 jobs losses will be in the enterprise services division, but the company expects to add about 6,000 employees to its sales and delivery teams.

HP commented in a statement, “As a result of productivity gains and automation, HP expects to eliminate roughly 9,000 positions over a multi-year period to reinvest for further growth and to increase shareholder value”

HP will invest in fully automated data centers as it makes operational changes in its Internet technology services business. HP said the restructuring will generate savings of $500–700 million (about €407–571 million) in net savings after reinvestment.

Hewlett-Packard has around 300,000 employees and is the world’s largest technology company by sales. HP is an American multinational information technology corporation headquartered in Palo Alto, California.

Wednesday, April 25, 2012

A recent study by the United States Geological Survey (USGS) shows that the oil and gas industry are creating earthquakes. New information from the Midwest region of the United States points out that these man-made earthquakes are happening more frequently than expected. While more frequent earthquakes are less of a problem for regions like the Midwest, a geology professor from the University of Southern Indiana, Dr. Paul K. Doss, believes the disposal of wastewater from the hydraulic fracturing (or “fracking”) process used in extracting oil and gas has the possibility to pose potential problems for groundwater.

“We are taking this fluid that has a whole host of chemicals in it that are useful for fracking and putting it back into the Earth,” Doss said. “From a purely seismic perspective these are not big earthquakes that are going to cause damage or initiate, as far as we know, any larger kinds of earthquakes activity for Midwest. [The issue] is a water quality issue in terms of the ground water resources that we use.”

Hydraulic fracturing, or fracking, is a technique used by the oil and gas industries which inject highly pressurized water down into the Earth’s crust to break rock and extract natural gas. Most of the fluids used for fracking are proprietary, so information about what chemicals are used in the various fluids are unknown to the public and to create a competitive edge.

Last Monday four researchers from the University of New Brunswick released an editorial that sheds light on the potential risks that the current wastewater disposal system could have on the province’s water resources. The researchers share the concern that Dr. Doss has and have come out to say that they believe fracking should be stopped in the province until there is an environ­mentally safe way to dispose the waste wastewater.

“If groundwater becomes contamin­ated, it takes years to decades to try to clean up an aquifer system,” University of New Brunswick professor Tom Al said.

While the USGS group which conducted the study says it is unclear how the earthquake rates may be related to oil and gas production, they’ve made the correlation between the disposal of wastewater used in fracking and the recent upsurge in earthquakes. Because of the recent information surfacing that shows this connection between the disposal process and earthquakes, individual states in the United States are now passing laws regarding disposal wells.

“The problem is that we have never, as a human society, engineered a hole to go four miles down in the Earth’s crust that we have complete confidence that it won’t leak,” Doss said. “A perfect case-in-point is the Gulf of Mexico oil spill in 2010, that oil was being drilled at 18,000 feet but leaked at the surface. And that’s the concern because there’s no assurance that some of these unknown chemical cocktails won’t escape before it gets down to where they are trying to get rid of them.”

It was said in the study released by the New Brunswick University professors that if fracking wastewater would contaminate groundwater, that current conventional water treatment would not be sufficient enough to remove the high concentration of chemicals used in fracking. The researchers did find that the wastewater could be recycled, can also be disposed of at proper sites or even pumped further underground into saline aquifers.

The New Brunswick professors have come to the conclusion that current fracking methods used by companies, which use the water, should be replaced with carbon diox­ide or liquefied propane gas.

“You eliminate all the water-related issues that we’re raising, and that peo­ple have raised in general across North America,” Al said.

In New Brunswick liquefied propane gas has been used successfully in fracking some wells, but according to water specialist with the province’s Natural Resources De­partment Annie Daigle, it may not be the go-to solution for New Brunswick due its geological makeup.

“It has been used successfully by Corridor Resources here in New Bruns­wick for lower volume hydraulic frac­turing operations, but it is still a fairly new technology,” Daigle said.

The United States Environmental Protection Agency (EPA) is working with U.S. states to come up with guidelines to manage seismic risks due to wastewater. Under the Safe Drinking Water Act, the EPA is the organization that also deals with the policies for wells.

Oil wells, which are under regulation, pump out salt water known as brine, and after brine is pumped out of the ground it’s disposed of by being pumped back into the ground. The difference between pumping brine and the high pressurized fracking fluid back in the ground is the volume that it is disposed of.

“Brine has never caused this kind of earthquake activity,” Doss said. “[The whole oil and gas industry] has developed around the removal of natural gas by fracking techniques and has outpaced regulatory development. The regulation is tied to the ‘the run-of-the-mill’ disposal of waste, in other words the rush to produce this gas has occurred before regulatory agencies have had the opportunity to respond.”

According to the USGS study, the increase in injecting wastewater into the ground may explain the sixfold increase of earthquakes in the central part of the United States from 2000 – 2011. USGS researchers also found that in decades prior to 2000 seismic events that happened in the midsection of the U.S. averaged 21 annually, in 2009 it spiked to 50 and in 2011 seismic events hit 134.

“The incredible volumes and intense disposal of fracking fluids in concentrated areas is what’s new,” Doss said. “There is not a body of regulation in place to manage the how these fluids are disposed of.”

The study by the USGS was presented at the annual meeting of the Seismological Society of America on April 18, 2012.

Wednesday, September 29, 2010

Joseph Cerniglia, a chef who had appeared on Gordon Ramsay’s television show Kitchen Nightmares, has commited suicide. Cerniglia was the owner of Italian restaurant Campania. He jumped off a bridge into the Hudson river on the New York–New Jersey border. At the time of filming in 2007, Cerniglia owed suppliers $80,000.

Officials reported that 39-year-old Cerniglia had jumped off of the George Washington Bridge into the Hudson. His death has officially been ruled as suicide. His body was retrieved from the river after reports of a man jumping off of the bridge.

Ramsay released a statement to the Press Association saying “I was fortunate to spend time with Joe during the first season of Kitchen Nightmares. Joe was a brilliant chef, and our thoughts go out to his family, friends and staff.”

Cerniglia told Ramsay about his personal debt when he came to the restaurant in 2007. He said “I am financially in trouble. The debt of the restaurant alone is overwhelming. My personal debt — wife, kids, mortgage — that’s a lot of debt”.

Friday, September 11, 2009

A lawmaker in California who resigned from the California Assembly Wednesday after a videotape with racy comments was leaked says that his “decision to resign is in no way an admission that [he] had an affair or affairs.”

Mike Duvall (R–Orange County), who become involved in this scandal earlier this week, denied that he had any affairs with anyone, in a statement posted on his web site. Duvall said, “My offense was engaging in inappropriate storytelling and I regret my language and choice of words. The resulting media coverage was proving to be an unneeded distraction to my colleagues, and I resigned in the hope that my decision would allow them to return to the business of the state.”

Earlier this week, a videotape was leaked to news outlets showing Duvall bragging about sexual escapades with multiple women to a fellow lawmaker during a legislative session. In California, committee meetings such as the one Duvall was engaged in are taped only for posterity purposes. On the tape, Duvall, 54, relates to Jeff Miller (R-Corona) a story of a recent liaison with a woman he refers to by her fondness for tiny “eye patch” underwear. “So, I’ve been getting into spanking her,” Duvall says to Miller. “She goes, ‘I know you like spanking me’ [and] I said ‘Yeah, that’s ’cause you’re such a bad girl.'”

Duvall, who is married with two adult children, did not leave a big impression on Miller, to whom the story was related. When asked for comment, Miller said, “Mike talks a lot during the hearing…I was getting ready so I wasn’t really hearing what he was saying.”

Monday, September 24, 2007

Marion Schaffer is running for the Green Party of Ontario in the Ontario provincial election, in the Oakville riding. Wikinews’ Nick Moreau interviewed her regarding her values, her experience, and her campaign.

Stay tuned for further interviews; every candidate from every party is eligible, and will be contacted. Expect interviews from Liberals, Progressive Conservatives, New Democratic Party members, Ontario Greens, as well as members from the Family Coalition, Freedom, Communist, Libertarian, and Confederation of Regions parties, as well as independents.