Remarks by AFL-CIO President Richard L. Trumka

 “America’s Choices: Why the Conventional Wisdom Is Wrong”

National Press Club
January 19, 2011

Good morning and thank you. I’m honored to stand beside firefighter Stan Trojanowski, who responded to a 9-1-1 call from the World Trade Center moments after the terrorist attacks in 2001. As America grieved, Stan returned to the scene day after day, first in the hopes of rescuing those trapped in the rubble, then to recover remains of those who had perished. Today, he continues to deal with the terrible aftermath of that terrible day, as he deals with the toll his bravery and commitment have taken on his health.

Last month, Stan and other firefighters, police officers and construction workers who answered the call that day—who ran into the fire and into the dust clouds—posed a question to our elected leaders: What kind of country are we?

For seven years they had pressed for a law that would do one simple thing—take care of the heroes who got sick because of their selfless acts, who suffered because they said yes, without hesitation, when America needed them. But for seven years, our leaders would not say yes in return.

Congratulations, Stan, for finally succeeding.

The question of how our political system treated our 9-11 heroes like Stan resonates still in this new year: What kind of country are we? A country of isolated individuals fending for themselves or a country with shared values and a shared vision? A country with scant resources, fading glory and no choices? Or a blessed nation with the potential to do right by its people and be a leader in the world?

The conventional wisdom in Washington and in statehouses around the nation is that we cannot afford to be the country we want to be. That could not be more wrong.

We can and should be building up the American middle class – not tearing it down. We should be honoring the heroes of 9-11, not turning them into scapegoats for a partisan political messaging operation. We should act like the wealthy, compassionate, imaginative country we are – not try to turn ourselves into a third-rate, impoverished “has-been.” The labor movement hasn’t given up on America – and we don’t expect our leaders to either.

Continue reading AFL-CIO President Calls for Massive Infrastructure Investment →

FIRST TORT RULING IN A MARCELLUS GAS DAMAGE CASE — by Joel R. Burcat, Esq., Saul Ewing LLP, Harrisburg

Posted by George on 03 Jan 2011 | Tagged as: Environmental, General, Oil and Gas

Background

In Fiorentino v. Cabot Oil & Gas Corp., No. 09-CV-2284, 2010 WL 4595524 (M.D. Pa., Nov. 15, 2010), the United States District Court addressed a variety of issues in the first ruling to arise from a tort claim for personal injuries and property damage from Marcellus Shale Gas drilling. This case arises out of the allegations in Dimock, Pennsylvania that drilling for Marcellus Shale gas by the defendant, Cabot Oil & Gas Corp., caused property damage and personal injuries to residents.

As has been highlighted both in a documentary movie and on 60 Minutes, drinking water supplies have been alleged to contain methane, natural gas and other toxins and allegedly have been released onto plaintiff’s land. Plaintiffs brought suit seeking an injunction prohibiting future natural gas operations, seeking compensatory and punitive damages, the cost of future health monitoring, attorneys’ fees and other unspecified relief.
The plaintiffs’ complaint alleged the following claims against the defendant: 1) Hazardous Sites Cleanup Act, 35 P.S. §§ 6020.101 et seq. (“HSCA”); 2) negligence; 3) private nuisance; 4) strict liability; 5) breach of contract; 6) fraudulent misrepresentation; 7) medical monitoring trust funds; and 8) gross negligence.
The defendant filed a motion to dismiss the claims brought pursuant to HSCA, strict liability, medical monitoring and gross negligence. The defendant also filed a motion to strike a number of allegations largely related to the claims they were seeking to dismiss, as well as negligence per se and attorneys’ fees. The ruling by Judge John E. Jones, related only to the motion to dismiss these claims and the motion to strike. For the most part, in his ruling, the Judge sided with the plaintiffs.
Issues

Whether the court should dismiss claims against a natural gas drilling company relating to HSCA, strict liability, medical monitoring and gross negligence.
Whether the court should strike allegations relating to punitive damages, negligence per se and attorneys’ fees.

Continue reading District Court Dismisses Cabot Oil Motion against Claims for Damages in Dimock, PA →

Pa. allows dumping of tainted waters from gas boom

By: DAVID B. CARUSO
The Associated Press

Monday January 3, 2011 10:34 PM

Published by The Beaver County Times

The natural gas boom gripping parts of the U.S. has a nasty byproduct: wastewater so salty, and so polluted with metals like barium and strontium, most states require drillers to get rid of the stuff by injecting it down shafts thousands of feet deep.

Not in Pennsylvania, one of the states at the center of the gas rush.

There, the liquid that gushes from gas wells is only partially treated for substances that could be environmentally harmful, then dumped into rivers and streams from which communities get their drinking water.

In the two years since the frenzy of activity began in the vast underground rock formation known as the Marcellus Shale, Pennsylvania has been the only state allowing waterways to serve as the primary disposal place for the huge amounts of wastewater produced by a drilling technique called hydraulic fracturing, or fracking.

State regulators, initially caught flat-footed, tightened the rules this year for any new water treatment plants, but allowed any existing operations to continue discharging water into rivers.

At least 3.6 million barrels of the waste were sent to treatment plants that empty into rivers during the 12 months ending June 30, according to state records. That is enough to cover a square mile with more than 8 1/2 inches of brine.

Researchers are still trying to figure out whether Pennsylvania’s river discharges, at their current levels, are dangerous to humans or wildlife. Several studies are under way, some under the auspices of the Environmental Protection Agency.

Continue reading Fracking Brine Is Being Dumped into Beaver River →