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Louisiana deep oil drilling disaster
And the problem with corporate person hood since they are an abstract creation, is that there is nothing to throw into the slammer.
"The philosophers have only interpreted the world, in various ways. The point, however, is to change it." Karl Marx

"He would, wouldn't he?" Mandy Rice-Davies. When asked in court whether she knew that Lord Astor had denied having sex with her.

“I think it would be a good idea” Ghandi, when asked about Western Civilisation.
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Just a random thought here:

If you put vegetable oil or animal fat in a soup while it is being prepared, the oil floats to the surface and keeps heat from escaping, because the water doesn't evaporate as fast and the oil forms a sort of seal.

If you follow the Gulf Stream past Cape Hatteras, past Findhorn Institute in Scotland and all the way up, it hits the arctic sea ice somewhere between Norway and Greenland. It would hit the arctic ice, that is, if the normal mechanism of heat transfer were disturbed.
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Helen Reyes Wrote:Just a random thought here:

If you put vegetable oil or animal fat in a soup while it is being prepared, the oil floats to the surface and keeps heat from escaping, because the water doesn't evaporate as fast and the oil forms a sort of seal.

If you follow the Gulf Stream past Cape Hatteras, past Findhorn Institute in Scotland and all the way up, it hits the arctic sea ice somewhere between Norway and Greenland. It would hit the arctic ice, that is, if the normal mechanism of heat transfer were disturbed.

Not enough oil for that...but MORE than enough to cause toxic effects on living organisms and ecosystems!Viking
"Let me issue and control a nation's money and I care not who writes the laws. - Mayer Rothschild
"Civil disobedience is not our problem. Our problem is civil obedience! People are obedient in the face of poverty, starvation, stupidity, war, and cruelty. Our problem is that grand thieves are running the country. That's our problem!" - Howard Zinn
"If there is no struggle there is no progress. Power concedes nothing without a demand. It never did and never will" - Frederick Douglass
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Snuffysmith’s New Blog … the Gulf of Mexico DataStream
http://snuffysmith-horizonoilvolcano.blogspot.com/

"Where is the intersection between the world's deep hunger and your deep gladness?"
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Underwater Camera Live...

http://www.washingtonsblog.com/2010/07/o...-ever.html
"Where is the intersection between the world's deep hunger and your deep gladness?"
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Ed Jewett Wrote:Underwater Camera Live...

http://www.washingtonsblog.com/2010/07/o...-ever.html

Oh, my, looking very bad and getting much worse......I think it will soon crack deep down [the pipe] under the pressures and become a virtually uncontrollable and much more destructive event that will go on for years and years and years....

No one is talking about alternative energy and the abandonment of the exploiting the last bits of oil - which are, for the most part, the most dangerous - more so when the watchdogs in regulating agencies are owned and the personnel of the Oil Companies [recycled via the revolving door and bribes]. Well from Hell is an apt description...the worst is soon to come.....BP is the big villian in this - as is the Oil Industry, in general and the blindness of humanity to the use of fossil fuels and resulting environmental damage...for the next few hundreds of years......
"Let me issue and control a nation's money and I care not who writes the laws. - Mayer Rothschild
"Civil disobedience is not our problem. Our problem is civil obedience! People are obedient in the face of poverty, starvation, stupidity, war, and cruelty. Our problem is that grand thieves are running the country. That's our problem!" - Howard Zinn
"If there is no struggle there is no progress. Power concedes nothing without a demand. It never did and never will" - Frederick Douglass
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Peter Lemkin Wrote:No one is talking about alternative energy and the abandonment of the exploiting the last bits of oil - which are, for the most part, the most dangerous - more so when the watchdogs in regulating agencies are owned and the personnel of the Oil Companies [recycled via the revolving door and bribes].
This is Obama's chance to usher in nuclear energy as the new 'green' alternative. And there is no alternative in Obama's world. :help:

Thanks Ed for posting the website. Cudos to Snuffy for a good job. :congrats:
"The philosophers have only interpreted the world, in various ways. The point, however, is to change it." Karl Marx

"He would, wouldn't he?" Mandy Rice-Davies. When asked in court whether she knew that Lord Astor had denied having sex with her.

“I think it would be a good idea” Ghandi, when asked about Western Civilisation.
Reply
http://www.brasschecktv.com/page/886.html
[size=12]There's a lot of talk about BP being a British company.

Actually, the ownership and control of the company is a lot more complex.

Some facts not reported in the news:

1. 29% of BP is owned by JP Morgan and US companies own 39% of it total

2. Halliburton, one of the main contractors on the rig, is considered the party responsible for failing to cap the well properly. They moved their headquarters out of the US to Dubai recently.

3. The former CEO from 1997 to 2009 who was ousted by a sex scandal was also Chairman of Goldman Sachs. Goldman sold a massive amount of its BP holdings in early 2010 and one of its employees bragged in an e-mail in early April that they were "shorting" the Gulf and looking forward to huge profits from an environmental disaster there.
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"The philosophers have only interpreted the world, in various ways. The point, however, is to change it." Karl Marx

"He would, wouldn't he?" Mandy Rice-Davies. When asked in court whether she knew that Lord Astor had denied having sex with her.

“I think it would be a good idea” Ghandi, when asked about Western Civilisation.
Reply
http://www.counterpunch.org/poems07022010.html

Another poem from my step sons uncle.I thought I would place it here.

And earth has owned me.
--Daniel Smythe

Because nature owns me I love the world.
I love the wind that blesses the oceans
and fields, I love the storms, the meadows healed
with sticks and leaves, the flowers in motion,
the grass thick with weeds. Not knowing heaven
my place is on earth with its seeds and rebirth.
For some, this is a long thought-out given:
our planet, with its equator’s girth, breath,
and eternal spin, brings out the worst
in humans. We commandeer, put demands
on her flesh, that mortal, live wound, then test
her ability to respond. The land
won’t always reinvent. Before we hand
this curse to our young, pray for a last stand.

Leonard J. Cirino is the author of twenty chapbooks and fourteen full-length collections of poetry since 1987 from numerous small presses. He lives in Springfield, Oregon, where he is retired, does home care for his 96-year-old-mother, and works full-time as a poet. His 100-page collection, Omphalos: Poems 2007, was published in spring, 2010 from Pygmy Forest Press. A 64-page selection, Tenebrion: Poems 2008, will be from Cedar Hill Publications, in 2010. His 100-page collection, The Instrument of Others, is due from Lummox Press in 2010. His full-length collection, Chinese Masters, is from March Street Press, 2009. Cirino will be the featured poet at the Outsiders’ Art Festival, Lincoln, NE, in August 2010. He can be reached at cirino7715@comcast.net.
"You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.”
Buckminster Fuller
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http://www.counterpunch.org/mokhiber07022010.html
July 2 -5, 2010
Limiting BP's Liability in the Gulf

The Case Against Kenneth Feinberg

By RUSSELL MOKHIBER
Kenneth Feinberg is an expert.
His expertise?
Collusive class actions.
Limiting the liability of toxic tortfeasors.
And covering up corporate and governmental wrongdoing.

That’s the take of public interest attorney Rob Hager.
Feinberg is now working to limit the liability of BP in the Gulf oil spill case.
But Hager first ran into Feinberg while litigating the Agent Orange case back in the 1980s.

Hager was representing Vietnam veteran Don Ivy.
Federal court judge Jack Weinstein was seeking to impose a settlement on thousands of such cases brought by veterans against the companies that made Agent Orange – the dioxin-laced herbicide used in Vietnam.
Weinstein even had a settlement figure in mind – $180 million – half of what the chemical companies were willing to settle for.

He brought in Feinberg to “do his dirty work,” Hager told Corporate Crime Reporter in an interview last week.
“Weinstein’s mission was to limit the liability of the defendants,” Hager says. “That’s very clear.”
“Weinstein felt that lawyers would be encouraged to bring more toxic tort cases into the federal courts if the Agent Orange litigation were successful.”
“The Second Circuit Court of Appeals called the $180 million settlement a nuisance value settlement.”
“And Weinstein wanted to make sure that the settlement amount was viewed as a nuisance value settlement.”

“He didn’t want it to go up to what the defendants were willing to pay – which was at least double – $360 million – or even much more if Weinstein had actually allowed the case to go before a jury.”
“That number would just keep going up.”
“Agent Orange victims could have obtained the largest recovery in American history because of the number of veterans involved, the bad actions of the defendants in covering up the fact that their product had dioxin in it, and the predictably favorable attitude of juries toward the claimants.”

“So, it was looking to be a major historic case. And Weinstein put a lid on it and kept a lid on it, saving Dow, Monsanto and the other chemical companies from potential bankruptcy.”
“And Feinberg helped him do that.”
“More important for our purposes, Feinberg learned at the knee of the master how to do this – how to keep the companies off the hook of liability for massive tort.”
“That $180 million figure was Weinstein’s figure – it wasn’t a negotiated figure between the parties.”

“Weinstein needed somebody like Feinberg to go out and make the threats that Weinstein was going to direct a summary judgment against the veterans on proof of causation.”
“That would be inappropriate for a judge to do. But Feinberg was able to do it because everything that Feinberg did was off the record.”
“There’s a very sparse record of what Feinberg did during Agent Orange because it was in the interests of the lawyers ultimately to keep their mouths shut and make sure at the end of the day their legal fees were adequate.”

“Feinberg was brought in by Weinstein for this very important role of fixing the settlement.”
“And then Weinstein appointed Feinberg to help distribute the funds.”
For the most part, Hager says, the plaintiff lawyers representing the veterans were part of the problem.
They were colluding with the companies and with Weinstein and Feinberg to limit the damage to the companies.
There were exceptions – lawyers like Victor Yannacone – who had the trust of the veterans.

But lawyers like Yannacone were eventually pushed aside.
“Yannacone was generally opposed to the settlement. There is an interesting quote in a book by Peter Schuck – Agent Orange on Trial. It’s on page 200.”
“In that book, Yannacone tells of a meeting between himself and Feinberg where Judge Weinstein was looking on.”
“Yannacone says that Feinberg offered him the role of executive director of the settlement fund if he cooperated by supporting the settlement and also that his legal fees would be affected accordingly.”
“Feinberg claims he was only asking Yannacone to help convince the veterans – who were still loyal to Yannacone at that point – to approve the settlement.”

“Now Yannacone's account may or may not be true. But the fact that Yannacone told that to an author indicates his attitude toward how the case was handled and Feinberg's role as Weinstein's agent.”
The lawyers who took control of the Agent Orange litigation and pushed aside Yannacone became “fabulously rich,” Hager said.
Feinberg too became wealthy as a result of the collusive class actions.
“During the period after Agent Orange until at least the late 1990s – the heyday of the collusive class actions – plaintiffs lawyers were getting fabulously rich – and Feinberg was getting rich with them – by colluding in settlement class actions to keep people out of court,” Hager said.
In the Gulf oil spill case, Hager says Feinberg’s job is to save BP as a viable company.

“Feinberg’s job is to get BP through this whole thing without the trauma of bankruptcy, where shareholders and managers are replaced,” Hager said.
“In fact, without the trauma of a very big impact on their bottom line at all.”
“If they lose a few quarters of profits – maybe even a year of profits – without eroding their assets, and they go on to be just as profitable as they have been in the future – that’s success to Feinberg, and a hiccup for the company.”
“If the potential and future claims exceed the assets of BP – if they predictably do now, or in the future will – then the victims should become the owners of BP as fast as possible before the assets get siphoned off,” Hager said.

“You cut out the shareholders, and fire the managers.”
“The judgment creditors become the owners. And BP would be operated for their benefit. That would be the just thing to do.”
“This might also be the rare situation where the government should stand in for the victims as parens patriae.”
But as he has throughout his career, Feinberg is working for the corporation – not for its victims.
A quick glance at his law firm’s web site – feinbergrozen.com – makes this clear.
His clients are Fortune 500 companies – like Altria, Eli Lilly, Exxon, GE, Pfizer, Purdue Pharma, and Shell.

Feinberg told the Washington Post – “that one case Agent Orange changed my entire professional career.”
In his book, Feinberg writes that “Fortune 500 companies suddenly wanted me to settle everything. My life changed overnight. . .I helped create a whole new area of practice. . .I became a settlement guru.”
This new area of practice was the collusive class action tort settlements invented by Weinstein in Agent Orange in 1984.

(Hager has written an article about collusive class actions.)
Judge Weinstein brought Feinstein back to try to settle the asbestos cases, the DES cases and the case of the nuclear contractors at Shoreham, Hager said.
And now President Obama has brought him in to limit BP’s liability.
We know who Feinberg is, Hager says.
“The real question is – what is Obama's motivation in appointing this guy when he has followed a career of helping corporations escape the consequences of inflicting massive injuries and helping government to cover-up its misdeeds?”

Is there a written agreement governing the BP $20 billion fund?
The White House did not return calls seeking comment.
Hager says we don’t know.
“But I wouldn’t be surprised that there is no written agreement,” Hager said. “Feinberg is going to get some money. Both Obama and BP trust him. He’s done this so many times in the past. He’s covered everybody who needed to be covered. It is the service he provides.”

Is there an agreement covering Feinberg’s fee?

“We don’t know that either,” Hager said. “He might have said – we’ll work it out later. He’s already made a lot of money doing these things.”
“In 9/11, he notionally waived his fee. But he got 1.2 percent of the total $7 billion for administrative costs. So, he was spending a lot of money during the whole three years or so that he was working on that case. He had his very substantial costs covered. Over $80 million in three years.”
“So, he has the flexibility to make all kinds of different deals here.”
“He may even waive his fee in the BP case.”

Russell Mokhiber is editor of Corporate Crime Reporter.
[For a complete transcript of the Interview with Rob Hager, see 24 Corporate Crime Reporter 27(9), July 5, 2010, print edition only.]
"You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.”
Buckminster Fuller
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