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Kirsten Stade (202) 265-7337
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Top Obama officials manipulated scientific analyses of independent experts to seriously lowball the amount of oil leaking from the BP Deepwater Horizon, according to a scientific integrity complaint filed today by Public Employees for Environmental Responsibility (PEER). Documents obtained by PEER through a Freedom of Information Act lawsuit indicate White House pressure to present low-range estimates as best estimates. In fact, numbers presented to the public were less than half the true flow rate.
On May 19, 2010, one month after the Deepwater Horizon catastrophe, the White House announced creation of a group of experts from academia, industry and government to generate an accurate and independent estimate of the oil leak rate. This group was called the Flow Rate Technical Group (FRTG).
Using new scientific integrity rules, PEER today filed a complaint charging that the leader of one of the FRTG Teams, Dr. William Lehr of the National Oceanic & Atmospheric Administration (NOAA), manipulated the scientific results of the FRTG experts throughout the entire crisis to significantly understate the spill rate. Lehr is also the author of the now infamous "Oil Budget Calculator" and a report concluding 75% of the oil was gone from the Gulf by August 2010.
Lehr was leader of one of the most important FRTG teams, the "Plume Team" which analyzed videos of the oil leaks to produce the first estimates. Three of the 13 Plume Team experts used a technique called Particle Image Velocimetry (PIV) to estimate a leak rate in the range of 25,000 bpd. But three other experts on the Plume Team reported that PIV was underestimating the size of the leak by more than 50%. Those three experts used a different technology to correctly peg the leak rate at 50,000 to 60,000 bpd.
Yet Lehr did not tell the public or key decision makers that there was a deep split on the Plume Team. In the Plume Team's Final Report, the body of which Lehr wrote, he reported that "most of the Plume Team used PIV" which produced "consistent and accurate" estimates. These underestimates were repeated to the public and media. When experts on the FRTG complained to Dr. Marcia McNutt, Director of the U.S. Geologic Survey, she cited pressure from the White House, saying in a May 29 email that:
"I cannot tell you what a nightmare the past two days have been dealing with the communications people at the White House, DOI, and the NIC who seem incapable of understanding the concept of a lower bound. The press release that went out on our results was misleading and was not reviewed by a scientist for accuracy."
Throughout the Plume Team's work it was widely thought that physical measurement of the leak was not possible and therefore it was assumed that Plume Team estimates of the leak rate would be used to assess damages in future litigation. Thus, manipulating spill rate estimates down to 25,000 bpd instead of 60,000 bpd could have reduced damages paid by BP and/or other responsible parties by tens of billions of dollars. Even more significantly, the President's National Commission concluded that underestimates of the size of the spill hampered clean-up efforts and caused numerous attempts to cap the well to fail.
In fact, the leak rate was physically measured by an Energy Department team as the well was capped. This final official estimate set the leak rate at 62,000 bpd (decreasing to 53,000 bpd when finally closed), proving correct the suppressed estimates from dissenting Plume Team members.
"This complaint serves as a litmus test as to whether the Obama administration will apply its scientific integrity rules to its own actions," stated PEER executive Director Jeff Ruch, noting that his organization has waged an 18-month court battle to obtain approximately 100 highly redacted emails while several hundred more emails are still being withheld. "Hopefully, the investigation of this complaint will force the immediate release of the full deliberations so that the scientific record can be set straight."
Public Employees for Environmental Responsibility (PEER) is a national alliance of local state and federal resource professionals. PEER's environmental work is solely directed by the needs of its members. As a consequence, we have the distinct honor of serving resource professionals who daily cast profiles in courage in cubicles across the country.
"It is time for Dr. de la Torre to get off of his $40 million yacht and explain to the American people how much he has gained financially while bankrupting the hospitals he manages."
U.S. Sen. Bernie Sanders on Wednesday blasted Dr. Ralph de la Torre—the CEO of a bankrupt health services company "who has made hundreds of millions of dollars ripping off patients and healthcare providers"—for refusing to comply with a bipartisan subpoena compelling him to testify about his company's insolvency.
"Perhaps more than anyone else in America, Dr. de la Torre is the poster child for the type of outrageous corporate greed that is permeating through our for-profit healthcare system," said Sanders (I-Vt.), who chairs the Senate Committee on Health, Education, Labor, and Pensions (HELP).
"Working with private equity vultures, he became obscenely wealthy by loading up hospitals across the country with billions in debt and selling the land underneath these hospitals to real estate executives who charge unsustainably high rent," the senator added. "As a result, Steward Health Care, and the more than 30 hospitals it owns in eight states, were forced to declare bankruptcy with some $9 billion in debt."
Steward is trying to sell all 31 of its hospitals in order to pay down its debt.
As Common Dreamsreported on July 25, the HELP committee, which includes 10 Republicans, voted 20-1 to investigate Steward Health Care's bankruptcy, and 16-4 to subpoena de la Torre.
"I am now working with members of the HELP committee to determine the best path forward," Sanders said on Wednesday. "But let me be clear: We will not accept this postponement. Congress will hold Dr. de la Torre accountable for his greed and for the damage he has caused to hospitals and patients throughout America. This committee intends to move forward aggressively to compel Dr. de la Torre to testify to the gross mismanagement of Steward Health Care."
"It is time for Dr. de la Torre to get off of his $40 million yacht and explain to the American people how much he has gained financially while bankrupting the hospitals he manages," Sanders added, referring to the 190-foot megayacht the CEO purchased as Steward hospitals failed to pay their bills.
Sens. Ed Markey (D-Mass.)—a HELP committee member—and Elizabeth Warren (D-Mass.) also slammed de la Torre on Wednesday, calling his failure to appear before the panel "outrageous."
"De la Torre used hospitals as his personal piggy bank and lived in luxury while gutting Steward hospitals," the senators said. "De la Torre is as cowardly as he is cruel. He owes the public and Congress answers for his appalling greed—and de la Torre must be held in contempt if he fails to appear before the committee."
De la Torre's attorney, Alexander Merton, lashed out against the Senate subpoena Wednesday in a letter
accusing HELP committee members of being "determined to turn the hearing into a pseudo-criminal proceeding in which they use the time, not to gather facts, but to convict Dr. de la Torre in the eyes of public opinion."
The same day the HELP Committee voted to probe Steward and subpoena de la Torre, Markey and Rep. Pramila Jayapal (D-Wash.), who chairs the Congressional Progressive Caucus, introduced the Health Over Wealth Act, which would increase the powers of the U.S. Department of Health and Human Services to block private equity deals in the healthcare industry.
Last month, Markey and Warren expressed concerns over the proposed $245 million sale of Steward Health Care's nationwide physician network to a private equity firm.
"Two Massachusetts hospitals are closing and communities are suffering because of private equity's looting of Steward," said Warren. "Selling Massachusetts doctors to another private equity firm could be a disaster. We can't make the same mistake again. Regulators must scrutinize this deal."
"We already know how devastating the Biden asylum shutdown is and it should be ended immediately rather than expanded," said one campaigner.
Two months after U.S. President Joe Biden signed an executive order barring migrants who cross the southern border without authorization from receiving asylum, senior administration officials are reportedly considering making the policy—which was meant to be temporary—much harder to lift.
Biden's June directive invoked Section 212(f) of the Immigration and Nationality Act—previously used by the administration of former Republican President Donald Trump, the Republican presidential nominee, to deny migrants asylum—"when the southern border is overwhelmed."
The policy shuts down asylum requests when the average number of daily migrant encounters between ports of entry hits 2,500. Border entry points may allow migrants to seek asylum when the seven-day average dips below 1,500.
"The move to make the asylum restrictions semi-permanent would effectively rewrite U.S. asylum law."
The changes under consideration would reopen entry only after the seven-day average for migrant encounters remains under 1,500 for 28 days.
"The asylum ban itself is arbitrary and duplicative. It has no relation at all to a person's asylum claims, meaning even a person with an extraordinarily strong claim would be denied for crossing at a time when many others, potentially thousands of miles away, are doing the same," Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, an advocacy group, said Wednesday.
"There is no doubt that we need to rethink the current asylum system, which would include giving it an infusion of resources so that people don't have to wait five years for a decision," he continued. "But cutting it off to whole swathes of people for reasons unrelated to their claims isn't a fix."
"The move to make the asylum restrictions semi-permanent would effectively rewrite U.S. asylum law, which since it was created in 1980 has mandated that all people on U.S. soil be permitted to request humanitarian protections, regardless of how they got here," Reichlin-Melnick added.
U.S. officials say Biden's order has resulted in a dramatic decrease in asylum claims.
According toThe New York Times:
Since Mr. Biden's executive order went into effect, the number of arrests at the southern border has dropped precipitously. In June, more than 83,000 arrests were made, then in July the number went down further to just over 56,000 arrests. Arrests in August ticked up to 58,000, according to a homeland security official, but those figures still pale in comparison to the record figures in December when around 250,000 migrants crossed.
Migrant rights advocates condemned the new rules. Less than two weeks after Biden issued the order, a coalition of rights groups led by the American Civil Liberties Union sued the administration, arguing the policy was illegal and endangered migrant lives.
"We already know how devastating the Biden asylum shutdown is and it should be ended immediately rather than expanded," Amy Fischer, Amnesty International USA's director of refugee and migrants rights, said Wednesday on social media. "High numbers of people being denied their human rights is not a sign of success, it's a disgrace."
"Our kids are sitting in a classroom where they should be fulfilling their God-given potential, and some part of their big beautiful brain is concerned about a shooter busting through the door of their classroom," said the Democratic presidential nominee.
U.S. Vice President Kamala Harris on Wednesday addressed the fatal mass shooting at Apalachee High School in Winder, Georgia, and addressed the attack that left at least four people dead—two students and two teachers—and injured nine, calling it a "senseless tragedy on top of so many senseless tragedies."
"It's just outrageous that every day in our country in the United States of America, that parents have to send their children to school worried about whether or not their child will come home alive," Harris said at a campaign rally in New Hampshire that took place shortly after news of the shooting broke. "It doesn't have to be this way."
"This is just one of the things that's at stake in this election," Harris added.
President Joe Biden also spoke about the shooting, demanding that Republicans in Congress "finally say 'enough is enough' and work with Democrats to pass commonsense gun safety legislation."
"We must ban assault weapons and high-capacity magazines once again, require safe storage of firearms, enact universal background checks, and end immunity for gun manufacturers," said Biden. "These measures will not bring those who were tragically killed today back, but it will help prevent more tragic gun violence from ripping more families apart."
The Biden-Harris administration has taken some action to prevent gun violence, including closing a loophole that had allowed firearms dealers to sell guns without running background checks on purchasers. Gun violence prevention advocates applauded the passage of the Bipartisan Safer Communities Act in 2022, but denounced Congress for not coming to an agreement on legislation that would require background checks for all gun purchases and ban assault weapons. The legislation banned gun sales to people convicted of domestic violence and funded state "red flag" programs to remove guns from people deemed a threat to themselves or others.
Republican presidential nominee Donald Trump has vowed to appoint federal judges who oppose limits on firearm ownership and has called himself "the best friend gun owners have ever had in the White House."
Both Harris and Biden expressed concern for schoolchildren across the country who are coming of age in a country where mass shootings make national news several times per year and where lockdown drills are routine at school.
"Our kids are sitting in a classroom where they should be fulfilling their God-given potential, and some part of their big beautiful brain is concerned about a shooter busting through the door of their classroom," said Harris.
The gun violence prevention group Giffords shared an account from Apalachee High School senior Sergio Caldera, who was in his chemistry class when he heard gunshots and someone pounding on the classroom door.
"They prepare you for these things," Isabella Albes Cardenas, an 11th grade student at Apalachee High School, told The New York Times. "But in the moment, I started crying."
The student-led group Students Demand Action said that "back to school season should not come with the fear of being shot."
"We deserve to go to school and focus on our education, NOT fear for our lives," said the group. "We don't have to live and die like this. WE DEMAND ACTION."