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Politics : Manmade Global Warming, A hoax? A Scam? or a Doomsday Cult? -- Ignore unavailable to you. Want to Upgrade?


To: FJB who wrote (2544)5/26/2011 9:48:03 AM
From: joseffy2 Recommendations  Respond to of 4326
 
"Why would you keep any part of your research data hidden?"

BECAUSE YOU HAVE SOMETHING TO HIDE.



To: FJB who wrote (2544)5/26/2011 8:25:57 PM
From: joseffy2 Recommendations  Read Replies (1) | Respond to of 4326
 
Judge orders release of climate research papers
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Ruling alters climate-papers fight

Judge’s order to UVa. to turn over documents welcomed by Cuccinelli

By Paige Winfield Cunningham May 25, 2011
washingtontimes.com

Virginia Attorney General Kenneth T. Cuccinelli II says a judge’s order compelling the University of Virginia to turn over thousands of pages of climate-change research will likely alter his own battle for the long-sought documents.

The Republican attorney general and state Delegate Robert G. Marshall have battled the university for more than a year over the release of documents related to the work of former professor Michael Mann. Mr. Mann had been involved in a leaked email exchange with colleagues that climate-change skeptics claimed showed scientific misconduct.

Mr. Marshall, Prince William Republican, requested the documents through the Freedom of Information Act, while Mr. Cuccinelli subpoenaed them. Mr. Cuccinelli said an order issued Tuesday in Prince William County Circuit Court that grants Mr. Marshall’s request could affect his own appeal to the state Supreme Court to reverse a previous ruling in favor of the university.

“It certainly can affect what we’re doing,” Mr. Cuccinelli said. “If they essentially disgorge everything, there’s no cause for them to be going to court to try and cover it up.”

He said he plans to review the documents and “see how the process unfolds.”

“If, as and when we get copies of the stuff, we’ll see what’s responsive,” he said. “It’s kind of hard to tell what isn’t produced. You don’t see what isn’t there.”

The university has so far turned over 20 percent of the 9,000 pages of documents it says are responsive to a request from the American Tradition Institute (ATI), a conservative-leaning, environmentally focused group that joined forces with Mr. Marshall in January. ATI filed a petition last week, saying the university had failed to respond to an information request filed early this year.

A judge has given the university until Aug. 22 to supply the rest of the documents. Mr. Marshall said he was pleased with the decision, but is skeptical the university will hand over everything he has requested.

“I want to look at what they’ve given us and examine what they’ve withheld and see why it’s been withheld,” Mr. Marshall told The Washington Times. “The more they stonewall, the more they’re making Richard Nixon look like a choirboy.”

University spokeswoman Carol Wood said the university has been in “frequent and regular contact” with ATI lawyers, working to clarify their request and work out a “reasonably manageable process” to satisfy the public information law.

Mr. Marshall enlisted ATI’s help after a year of pursuing the climate-change documents on his own. After submitting his first information request in December 2009, the university told him it no longer possessed the materials he requested. In response to a second request the following spring, he was told it would cost $8,500 to prepare the documents.

While state law allows public agencies to charge a reasonable sum to compensate for time and effort in meeting public information requests, Mr. Marshall and ATI said the university was charging an unreasonable sum. The court has yet to determine how much the university may charge to meet the request.

“This case is about whether the government can put up a pay wall to frustrate the public’s right to transparency,” said David Schnare, director of the ATI Environmental Law Center. “If it can, the public can’t hold government employees to the high standards of conduct they should meet.”



To: FJB who wrote (2544)5/30/2011 9:28:13 AM
From: joseffy2 Recommendations  Read Replies (1) | Respond to of 4326
 
CITY'S FIREWORKS DISPLAY NOW REQUIRES ENVIRONMENTAL IMPACT STUDY
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Fireworks shows need new environmental review
Court ruling could have sweeping impact

By Mike Lee and Christopher Cadelago May 27, 2011
signonsandiego.com

Fireworks shows are among thousands of events in San Diego each year that need environmental review under a Superior Court ruling on Friday.

What started as a battle over fireworks shows led to a sweeping legal victory Friday for environmentalists that could stymie a wide range of events needing city permits, from the Rock ’n’ Roll Marathon to birthday parties held at parks.

“According to the strictest interpretation of this, jumpy-jumps and everything else would be subject to environmental review if this ruling stands,” said lawyer Robert Howard, who represented the La Jolla Community Fireworks Foundation in the case. “It’s a breathtaking ruling.”

California Environmental Quality Act

• The statute requires state and local agencies to identify significant environmental impacts of their actions and avoid or mitigate them, if feasible.

New precedent: Pollution permits for fireworks

Fighting over Fourth of July fireworks

Attorney sues to halt Fourth of July fireworks

Struggling to permit fireworks

Fireworks debate flares in Chula Vista

Superior Court Judge Linda Quinn said La Jolla’s annual Fourth of July fireworks show requires evaluation under the California Environmental Quality Act, or CEQA.

The case, filed by the Coastal Environmental Rights Foundation in Encinitas, targeted San Diego’s approval of the La Jolla event but eventually drew in a broad swath of city permits. San Diego officials said they issue about 400 special-events permits annually, along with up to 20,000 park-use permits for smaller-scale gatherings — most of which would now need environmental assessment.

City Attorney Jan Goldsmith said, "Existing law has never been interpreted to require a CEQA review for this. ... This decision opens the door to absurd results.”

Even before the judge’s ruling was finalized, Chula Vista officials on Thursday pulled the plug on their July Fourth show in the face of funding shortfalls and environmental challenges.

Environmental impact reports can take a year and cost tens of thousands of dollars.

Alex Roth, a spokesman for Mayor Jerry Sanders, framed the suit as part of a “bizarre crusade to stop fireworks.”

“What’s next, a lawsuit against swimmers for polluting the ocean with their suntan lotion?”
Roth said.

Marco Gonzalez, a lawyer for the environmental rights foundation, exulted over Friday’s win, which comes after months of criticism against him for challenging an American tradition.

“If you were to sum it up with one word, I would say ‘vindication.’ It’s vindication for the environment ...
and it’s vindication for my client because of the amount of disparaging comments and general negativity that was thrown our way when we were told that our lawsuit was frivolous,” Gonzalez said.

Earlier this month, his lawsuit had spurred regional pollution regulators to adopt a new permit for fireworks shot over beaches and bays. The mandate, based on the Clean Water Act, was a national first.

Gonzalez said he also is breaking new ground in seeking reviews of fireworks shows under California environmental law.

“There are a whole host of impacts that we know occur from fireworks shows, from marine mammals to marine birds to water quality to traffic to noise to the air,” Gonzalez said. “We want it studied and we want it mitigated.”

Tony Manolatos, a spokesman for City Councilman Kevin Faulconer, stood by the council’s exemption for fireworks. “I think banning fireworks on the Fourth of July is un-American,” he said, “and I think the majority of San Diegans would agree.”

Gonzalez has repeatedly said that protecting water quality and coastal species is patriotic.