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Michigan's Hostile Takeover
A new "emergency" law backed by right-wing think tanks is turning Michigan cities over to powerful managers who can sell off city hall, break union contracts, privatize services—and even fire elected officials.
By Paul Abowd, Center for Public Integrity | Wed Feb. 15, 2012 3:00 AM PST
When the city of Pontiac, Michigan, shut down its fire department last Christmas Eve, city councilman Kermit Williams learned about it in the morning paper. "Nobody reports to me anymore," Williams says. "It just gets reported in the press." This was just the latest in a series of radical changes in the city, where elected officials such as Williams have been replaced by a single person with unprecedented control over the city's operation and budget.
Gov. Rick Snyder put Louis Schimmel in charge of Pontiac last September, invoking Public Act 4, a recent law that lets the governor name appointees to take over financially troubled cities and enact drastic austerity measures. Under the law, passed last March, these emergency managers can nullify labor contracts, privatize public services, sell off city property, and even dismiss elected officials.
Schimmel got to work quickly, firing the city clerk, city attorney, and director of public works and outsourcing several city departments. City fire fighters were told that they would be fired if their department was not absorbed by Waterford Township's. Schimmel has proposed putting nearly every city property up for sale, including city hall, the police station, fire stations, water-pumping stations, the library, the golf course, and two cemeteries.
Williams and his six colleagues on city council have been stripped of their salary and official powers. "Nearly the whole city has been privatized," he laments.
Michigan's emergency-manager law is the centerpiece of the fiscal program enacted by state Republicans after they took over the Legislature and governor's mansion in early 2011. The law's supporters say it allows for a more efficient and nimble response to the budget crisis confronting local governments in the wake of the housing crash and near collapse of the auto industry. Critics are seeking to block and repeal what they call an illegal power grab meant to usurp local governments and break up public-sector unions.
"We haven't seen anything this severe anywhere else in the country," says Charles Monaco, a spokesman for the Progressive States Network, a New York-based advocacy group. "There's been nothing in other states where a budget measure overturns the democratic vote." Williams says emergency managers are able to enact draconian policies that would cost most city officials their jobs: "They couldn't get elected if they tried."
Benton Harbor, Ecorse, and Flint are also currently under emergency management. In Flint, the emergency manager has promised to restructure collective bargaining agreements with the city's police and firefighters unions. Benton Harbor's emergency manager banned elected officials from appearing at city meetings without his consent. Detroit, which is facing a more than $150 million budget shortfall, could be next: Mayor Dave Bing has proposed laying off 1,000 city workers and wrung concessions from public-sector unions in hopes of preventing Gov. Snyder from appointing an emergency manager.
Asked if the emergency-manager law hands power over to a “dictator,” Schimmel sighed, “I guess I’m the tyrant in Pontiac, then, if that’s the way it is.”
Schimmel has pursued the most aggressive turnaround plan in the state. He says he's simply doing what elected officials have been unable to do: execute a plan for balancing the city's books quickly and efficiently. He's not there yet: The city of 60,000 is projecting a $9 million deficit for 2012. "One thing we can't do is print money," Schimmel says. "We're always chasing the dropping knife, fixing something here and losing revenue somewhere else."
With an indefinite term and a city salary of $150,000, Schimmel doesn't answer to anyone but the governor, at whose pleasure he serves. The city council can no longer make decisions but still calls meetings, which are routinely packed with angry residents. Asked by radio station WJR if the emergency-manager law hands power over to a "dictator," Schimmel sighed, "I guess I'm the tyrant in Pontiac, then, if that's the way it is."
Emergency managers aren't new in Michigan, which has been in dire financial straits for decades. Public Act 4 (officially titled the Local Government and School District Fiscal Accountability Act) beefed up a 1990 law that brought in state-appointed managers to several cities in the 2000s, without much success at stemming the flow of population, jobs, and tax revenue. Pontiac has been under some form of state-appointed management since 2009. Schimmel's predecessor laid off dozens of police officers, hired the county sheriff to patrol the city, and dismissed Mayor Leon Jukowski (whom Schimmel has rehired as a consultant paid at half his previous $104,000 salary). During that time, Pontiac's credit rating had dropped from B to triple-C. "They aren't creating revenue," Williams says of the managers. "You can't just cut your way out of a deficit."
Pontiac is not Schimmel's first clean-up job. In 2000, he was named the emergency manager of Hamtramck, where he served for six years. In 1986, a judge appointed him to oversee Ecorse's finances after the city landed in state receivership; he stepped in and privatized city services. Today, the city is back in debt, and back under state management. Schimmel concedes that the privatization strategy can backfire, but he blames inept local government. "If you don't have an overseer of the contractor, privatization can be much more expensive than in-house services," he explains.
Schimmel is also a former adjunct scholar and director of municipal finance at the Mackinac Center for Public Policy, a free-market think tank that shares his enthusiasm for privatizing public services. The center has received funding from the foundations of conservative billionaire Charles Koch, the Walton family, and Dick DeVos, the former CEO of Amway who ran as a Michigan Republican gubernatorial candidate in 2006.
Pontiac, Michigan emergency manager Louis Schimmel City of Pontiac
In 2005, Mackinac published an essay by Schimmel that called on Michigan's Legislature to give emergency managers the power to impose contract changes on public-employee unions and "replace and take on the powers of the governing body." When Republicans gained control over Lansing in 2010, Mackinac reprinted Schimmel's article. Last March, the center celebrated when the Legislature implemented its prescriptions in Public Act 4.
The Mackinac Center claims that Michigan could save $5.7 billion annually if public employees' benefits were comparable to those of private-sector workers. Public-employee unions say cuts to public-sector jobs have only worsened the state's economic woes with foreclosures and intensified reliance on state aid programs in cities like Flint, where the jobless rate was 17.5 percent at the end of 2011. "It's an acceleration of the downward spiral," says Brit Satchwell, president of the Ann Arbor Education Association, a teachers' union."Our goal is [to] outlaw government collective bargaining in Michigan," wrote Mackinac's legislative analyst in an email to a Republican state representative last summer. (The message was obtained by the liberal think tank Progress Michigan.)
The Mackinac Center is a member of the American Legislative Exchange Council, a clearinghouse for pro-business state legislation. (Its model bills have been linked to Arizona's anti-immigration law and Wisconsin and Ohio's collective bargaining bans.) James Hohman, the center's assistant director of fiscal policy, was one of 40 private-sector representatives at an ALEC conference in December 2010 where, according to minutes from the closed-door meeting, participants hammered out model legislation that would align public- and private-sector pay and restructure state pensions. (Jonathan Williams, ALEC's tax and fiscal policy director, did not respond to requests for comment.)
Foundations affiliated with the Koch brothers have funded ALEC's reports on state fiscal policy. The State Budget Reform Toolkit and Rich States, Poor States both echo elements of Michigan's emergency-manager law, encouraging state legislators to target public employees and identify privatization opportunities. The most recent Toolkit report recommends that states create a "centralized, independent, decision-making body to manage privatization and government efficiency initiatives." Michigan's law grants far more sweeping powers to one appointee.
Nearly one year after the passage of the emergency-manager law, its opponents are rallying to blunt its impact. The American Federation of State, County and Municipal Employees and the Detroit-based nonprofit Michigan Forward announced they've collected more than the required 160,000 signatures necessary to put the law up for referendum in November; they plan to deliver the signatures to the state on February 29.
Democratic Rep. John Conyers has called on the Department of Justice to review the law in light of the Voting Rights Act and the contract clause of the Constitution. As the state treasurer's office began a review of Detroit's finances to determine whether the city is eligible for an emergency manager, Democratic Sens. Carl Levin and Debbie Stabenow asked Gov. Snyder not to name any more emergency managers.
The Detroit-based Sugar Law Center for Economic and Social Justice has filed a lawsuit to block the law, claiming it violates the state constitution, including the home rule provision that defines residents' rights to elect a local government. Tova Perlmutter, the law center's director, says the suit isn't just about Michigan: "If we win this case, it will give other state legislatures pause before pursuing similar laws."
The Center for Public Integrity is a non-profit, non-partisan investigative news outlet.
Paul Abowd is a reporter at the Center for Public Integrity and an editor of the Detroit-based Critical Moment. The Center for Public Integrity is a non-profit, non-partisan investigative news outlet. He is finishing production on a documentary about the city's Brewster-Douglass housing projects. He tweets as @PaulAbowd.
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Developer pitches $1B commonwealth for Belle Isle
This futuristic rendering of Belle Isle is one where it is a commonwealth separate from the U.S. with a unique governing tax system. (Artist's rendering)
Detroit — As the broken city thinks big and radically about its future, a developer is stepping forward with a revolutionary idea: Sell the city's Belle Isle park for $1 billion to private investors who will transform it into a free-market utopia.
The 982-acre island would then be developed into a U.S. commonwealth or city-state of 35,000 people with its own laws, customs and currency.
City officials are likely to reject the plan. But on Jan. 21, supporters including Mackinac Center for Public Policy senior economist David Littmann, retired Chrysler President Hal Sperlich and Clark Durant, co-founder of Detroit's Cornerstone Schools, will present the Commonwealth of Belle Isle plan to a select group of movers and shakers at the tony Detroit Athletic Club.
Among the confirmed reservations of about 50 people who will hear the pitch are Sandy Baruah, president and CEO of the Detroit Regional Chamber, and Beth Chappell, president and CEO of the Detroit Economic Club, organizers say. It's not clear if they know what's in store.
"We are among the people looking for answers to the city's problem," said Rodney Lockwood, a Bingham Farms developer who is the driving force behind the idea.
The former chairman of the Michigan Chamber of Commerce and current board member of the free-market-oriented Mackinac Center for Public Policy has written a self-published book about the plan called "Belle Isle: Detroit's Game Changer." A website called commonwealthofbelleisle.com debuts on Jan. 22.
Lockwood readily admits the idea has no political traction.
"You have to put ideas out there — especially now, when so much is up for debate," Lockwood said.
The idea won't go anywhere, said George Jackson, president and CEO of the Detroit Economic Growth Corp., the quasi-public agency that promotes development for the city.
"Belle Isle will get fixed," Jackson said, referring to an agreement to turn the island into a state-run park. "It won't be that plan. But it will be fixed."
Last fall, Detroit Mayor Dave Bing and Gov. Rick Snyder forged an agreement for the state to operate and manage Belle Isle. But the City Council refused to vote on the proposed lease amid outcries that a city jewel was being sacrificed. Council members repeatedly voiced concerns about leasing the park to the Department of Natural Resources for 30 years, citing the lease's lack of funding specifics. They also want jobs and contracts to go to Detroiters.
Under the agreement, the state would fund renovations and operations of Belle Isle rather than pay rent. Bing and the state have said the plan would save the city $6 million annually, and 36 employees who currently maintain Belle Isle would be deployed to other city parks. The state wants the City Council to consider the issue again this year.
A recent Detroit News poll of 800 Detroiters found that 51 percent strongly support the state plan and 15.5 percent somewhat support it.
Lockwood hopes to tap into the zeitgeist that Detroit must embrace major change to thrive again. Earlier this week, a vision for reviving the city was unveiled called Detroit Future City.
It was the product of two years and millions of dollars of consulting fees paid by the city and state, hundreds of hours of volunteers and months of community meetings.
It envisions a smaller city where the swaths of empty and blighted land become urban/green neighborhoods full of trees, ponds and urban farms. Detroit has 40 square miles of vacant land, according to city officials. That's close to the total land area of San Francisco.
"Even with all that vacant land, the wide open spaces of Belle Isle are unique. To decommission Belle Isle would be a great loss of a public purpose area," said John Mogk, a Wayne State University law professor who follows urban planning issues.
Here's the scenario for the Commonwealth of Belle Isle that Lockwood and others want to see: Private investors buy the island from a near-bankrupt Detroit for $1 billion. It then would secede from Michigan to become a semi-independent commonwealth like Puerto Rico and the Northern Mariana Islands.
Under the plan, it would become an economic and social laboratory where government is limited in scope and taxation is far different than the current U.S. system. There is no personal or corporate income tax. Much of the tax base would be provided by a different property tax — one based on the value of the land and not the value of the property.
It would take $300,000 to become a "Belle Islander," though 20 percent of citizenships would be open for striving immigrants, starving artists and up-and-coming entrepreneurs who don't meet the financial requirement.
Among the citizenship requirements are a command of the English language, a good credit rating and no criminal record. Mogk adds that such a scenario would make the island "a drain of talent and resources" at the expense of Detroit.
From The Detroit News: http://www.detroitnews.com/article/2013 ... /301120319
Detroit Free Press ordered to turn over documents, name witness in Richard Convertino case
A U.S. District Court judge ordered Tuesday that the Free Press produce documents and a witness in an ongoing case involving a former federal prosecutor.
Judge Robert Cleland said the Free Press has to produce documents by Jan. 29 that were requested by former federal prosecutor Richard Convertino that directly or indirectly relate to stories about Convertino or confidential sources used. In addition, the Free Press must designate a witness who can testify at a deposition. The ruling also said that the deposition has to be completed by Feb. 12.
"We respect the court, and we also respect the public's right to know and the protection of sources," Free Press Editor and Publisher Paul Anger said. "Our legal fight continues."
Citing unnamed officials, former Free Press staff writer David Ashenfelter reported in 2004 that the Justice Department was investigating whether Convertino was guilty of misconduct while prosecuting four north African immigrants who were arrested as part of an alleged Detroit terrorist cell. It was the country's first post-Sept. 11, 2001, terrorism trial.
Three of the men were convicted, but those convictions were overturned because of Convertino's misconduct. Convertino claimed the leak to the Free Press was retaliation for criticizing his bosses and tried to force Ashenfelter to reveal his sources.
In March 2011, Chief Judge Royce Lamberth of the U.S. District Court in Washington, D.C., dismissed the then-seven-year suit. In June, the U.S. Court of Appeals in the District of Columbia returned the case to the lower level.
http://www.freep.com/article/20130116/N ... rtino-case
Corruption, 9/11 Sleeper Cells, NPRopaganda, and the 'Hurt Locker'
The Prosecutor | This American Life
A lawyer in the Justice Department gets the professional opportunity of a lifetime: to be the lead prosecutor in one of the first high-profile terrorist cases since 9/11. But things go badly for him...
Latest News
Riddle says new lawyer is Convertino, tells feds to bring on round 2 | detnews.com | The Detroit News
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Fieger sues 'Hurt Locker' makers | detnews.com | The Detroit NewsDoug Guthrie / The Detroit News
Southfield -- A real life U.S. Army explosives expert sat beside lawyer Geoffrey Fieger today to announce a lawsuit that claims his identity and personal exploits were stolen by the makers of the Academy Award nominated movie "The Hurt Locker."
Master Sgt. Jeffrey Sarver and his lawyer say the screenplay's author Mark Boal directly evolved the movie from a story he wrote for Playboy magazine about Sarver and his unit in Iraq in 2004. Boal spent almost 30 days with Sarver's unit as an embedded journalist.
"They never offered me anything," Sarver said. "I'm pretty upset. They left me out."
Similarities between Sarver and the movie's main character William James are too numerous to be coincidence, Fieger said. But months of negotiations with the film's makers failed, and the lawsuit was filed in federal district court in New Jersey after Tuesday's midnight deadline for members of the Academy of Motion Picture Arts and Sciences to cast their Oscar votes.
The "Hurt Locker" is nominated for nine Academy Awards including Best Picture, Best Director and Best Original Screenplay. It earned a reported $16 million at the box office before recently being released for sale in copies. Fieger said the suit was filed after the Oscar votes in an effort to avoid hurting its chances for awards.
"It is impossible to deny the subject of this movie is Sgt. Sarver," Fieger said. "A jury will laugh at this claim."
But, in a statement issued late Wednesday by his publicist in Los Angeles, Boal explained that Sarver is mistaken.
"Jeff is a brave soldier and a good guy. Like a lot of soldiers, he identifies with the film, but the character I wrote is fictional," Boal said. "The film is a work of fiction inspired by hundreds of people's stories, not the life story of any one person."
Summit Entertainment, distributor of the movie in the United States, issued a statement that said the movie was presented to it as fictional. The statement said the company hopes, "for a quick resolution to the claims made by Master Sgt. Sarver."
The character in the movie was supposedly "trailer trash from Tennessee," Fieger said. Sarver grew up in a West Virginia mobile home community. He now lives in Clarksville, Tenn. In the past he has lived in Harrison Township in Macomb County.
The character and Sarver are blond and blue-eyed U.S. Army Rangers who used the same radio call sign in Iraq: "Blaster One." They both kept defused bomb parts stashed under a bed. They both lay awake in bed wearing an explosion-protective helmet. They both showered in a filthy uniform worn for a week straight. They both striped out of a bomb suit to defuse an explosive device inside a car.
Actor Jeremy Renner, who is nominated for a Best Actor Oscar, said in a videotaped interview played by Fieger for reporters gathered in his office today, that he watched videos taken by Boal of Sarver in Iraq to "connect" with his character before filming the movie.
Renner said his character in the movie is shown kicking an unexploded device because it is what Sarver had once done.
When asked by reporters about his bravery in doing such a thing, Sarver smiled sheepishly and said, "Some things get exaggerated in the telling." ...
rigorousintuition.ca - View topic - Why the Oscars are a Con
Interactive: The challenges of Detroit's vacant homes | detnews.com | The Detroit News
beeline wrote:[imgur-album]http://i.imgur.com/eCDt9Hv.jpg[/imgur-album]
78 of 80 people found the following review helpful
4.0 out of 5 stars Down and dirty account of the decline and fall of the Motor City., February 4, 2013
By Paul Tognetti
(VINE VOICE) (TOP 500 REVIEWER) (REAL NAME)
This review is from: Detroit: An American Autopsy (Hardcover)
"Studying the city through the windshield now, it wasn't frightening anymore. It was empty and forlorn and pathetic. On some blocks not a single home was occupied, the structures having fallen victim to desertion and the arsonist's match. I drove blocks without seeing a living soul." -- p. 71
It was not quite the homecoming that Charlie LeDuff had hoped for. LeDuff had won a Pulitzer Prize during an 11year stint as a staff reporter for the New York Times. In 2007 he abruptly quit his gig as a member of the Times Los Angeles bureau after he decided that he was tired of L.A. and that his wife and three year old daughter really needed to be around family. Charlie LeDuff's clan resided in and around the city of Detroit. Much to his surprise when he contacted the lowly, virtually bankrupt Detroit News about a position he found that one was available. The die was now cast. His bosses at The News had already figured out the best way to utilize their talented new reporter. They told him to "chronicle the decline of the Great Industrial American City." This was going to be right up his alley. Charlie LeDuff liked to get his fingernails dirty. He knew things were pretty bad in his hometown but until he actually arrived there he had no idea just how ugly it had gotten. "Detroit: An American Autopsy" is the rough and tumble story of a city in total free fall. Perhaps what is most frightening about what you will read in this book is that what has happened in Detroit could well be repeated in a number of other major urban areas around this nation.
So just who is to blame for the demise of this once great American city? Depending on your politics just about everyone has a theory. Liberals point their finger at the greedy executives of the auto industry and Wall Street who shifted hundreds of thousands of jobs away from the Motor City to places like Mexico. Conservatives on the other hand would tend to blame ill-advised trade legislation like NAFTA and the corrupt Democratic political machine that has run this city for decades for many of the problems. But when Charlie LeDuff started to crunch some numbers what he found was simply astounding. To fully understand just how far Detroit has fallen you need to know that in its heyday in the 1960's the city boasted a total population of 1.9 million. By the early 1990's that number had fallen to 1.2 million. Now in 2013 the population of Detroit has dwindled to fewer than 700,000 people! Meanwhile, there are in the neighborhood of 62,000 vacant houses in Detroit. It seems all that left is a destitute underclass and an extremely corrupt bureaucracy. City services such as police and fire and public works are a joke. The equipment these public servants are forced to use is antiquated and extremely unreliable. Staffing has been cut to the bone. Another barometer of just how bad things have gotten in Detroit is the number of dead bodies piling up at the morgue. LeDuff reports that on any given day there are around 250 unclaimed bodies. One has sat there for more than two years!
Throughout the pages of "Detroit: An American Autopsy" Charlie LeDuff shines the spotlight on all of ills of this once proud metropolis including unemployment, illiteracy, foreclosure, arson, murder and widespread bureaucratic corruption. It is all too much for those who remain. This is a dangerous place to be. Along the way LeDuff investigates the corrupt city administration, looks into the death of a beloved veteran firefighter killed during an arson and chronicles the most bizarre real life murder story you will likely ever hear. And yet, despite it all the author points out that there are still many good people here who are doing their best to stop the bleeding. You will meet a number of them in this book who despite the odds consistently go above and beyond the call of duty in a largely vain attempt to save the city they love.
"Detroit: An American Autopsy" is a riveting expose of the decline and fall of a once great American city. Recently, Forbes magazine pointed to Detroit as "the most miserable city in America". After reading this book it is easy to see why! I had heard stories but had no idea that things were this bad. Some would argue that it is probably too late to save Detroit but Charlie LeDuff would beg to differ. In spite of all the problems he encountered during the two years of reporting it took to cobble together this book he still sees a glimmer of hope out there. This really is a story that needed to be told. Other American cities would do well to learn from the myriad mistakes made here lest they suffer the same fate. "Detroit: An American Autopsy" would be a great choice for anyone interested in the future of major American cities and for general readers as well. The language gets a bit colorful from time to time but as I pointed out earlier Charlie LeDuff likes to get his fingernails dirty. Highly recommended!
Laodicean wrote:
crikkett wrote:beeline wrote:[imgur-album]http://i.imgur.com/eCDt9Hv.jpg[/imgur-album]
seriously?
Artists Announce They've Found All The Beauty They Can In Urban Decay
DETROIT—After spending more than a century exploiting urban decay to create deeply moving, socially conscious works of art, the art world announced Tuesday that it had captured all the beauty it was going to find in rusted-out cars, abandoned houses, and condemned industrial sites. "These modern ruins speak to the very heart of the human condition, but at this point every last inch of Detroit and Oakland has been documented in photographs, on film, or as part of a multimedia installation," said artist Devon Gerhart, who told reporters that devoting so much time to contemplating the wounded grandeur of blighted cityscapes had led him to the point where he just wanted to see the places cleaned up. "I made my career portraying the plight of the homeless, but now I'm starting to wonder whether they'd prefer it if someone just helped them find a place to live." The world's artists later confirmed plans to spend at least another 50 years churning out heavy-handed depictions of the inherent soullessness of suburban sprawl.
A Black Mound of Canadian Oil Waste Is Rising Over Detroit
Fabrizio Costantini for The New York Times
Petroleum coke, a waste byproduct of refining oil sands oil, is piling up along the Detroit River.
By IAN AUSTEN
Published: May 17, 2013
WINDSOR, Ontario — Assumption Park gives residents of this city lovely views of the Ambassador Bridge and the Detroit skyline. Lately they’ve been treated to another sight: a three-story pile of petroleum coke covering an entire city block on the other side of the Detroit River.
Detroit’s ever-growing black mountain is the unloved, unwanted and long overlooked byproduct of Canada’s oil sands boom.
And no one knows quite what to do about it, except Koch Carbon, which owns it.
The company is controlled by Charles and David Koch, wealthy industrialists who back a number of conservative and libertarian causes including activist groups that challenge the science behind climate change. The company sells the high-sulfur, high-carbon waste, usually overseas, where it is burned as fuel.
The coke comes from a refinery alongside the river owned by Marathon Petroleum, which has been there since 1930. But it began refining exports from the Canadian oil sands — and producing the waste that is sold to Koch — only in November.
“What is really, really disturbing to me is how some companies treat the city of Detroit as a dumping ground,” said Rashida Tlaib, the Michigan state representative for that part of Detroit. “Nobody knew this was going to happen.” Almost 56 percent of Canada’s oil production is from the petroleum-soaked oil sands of northern Alberta, more than 2,000 miles north.
An initial refining process known as coking, which releases the oil from the tarlike bitumen in the oil sands, also leaves the petroleum coke, of which Canada has 79.8 million tons stockpiled. Some is dumped in open-pit oil sands mines and tailing ponds in Alberta. Much is just piled up there.
Detroit’s pile will not be the only one. Canada’s efforts to sell more products derived from oil sands to the United States, which include transporting it through the proposed Keystone XL pipeline, have pulled more coking south to American refineries, creating more waste product here.
Marathon Petroleum’s plant in Detroit processes 28,000 barrels a day of the oil sands bitumen.
Residents on both sides of the Detroit River are concerned that the coke mountain is both an environmental threat and an eyesore.
“Here’s a little bit of Alberta,” said Brian Masse, one of Windsor’s Parliament members. “For those that thought they were immune from the oil sands and the consequences of them, we’re now seeing up front and center that we’re not.”
Mr. Masse wants the International Joint Commission, the bilateral agency that governs the Great Lakes, to investigate the pile. Michigan’s state environmental regulatory agency has submitted a formal request to Detroit Bulk Storage, the company holding the material for Koch Carbon, to change its storage methods. Michigan politicians and environmental groups have also joined cause with Windsor residents. Paul Baltzer, a spokesman for Koch’s parent company, Koch Companies Public Sector, did not respond to questions about its storage or the ultimate destination of the petroleum coke.
Coke, which is mainly carbon, is an essential ingredient in steelmaking as well as producing the electrical anodes used to make aluminum.
While there is high demand from both those industries, the small grains and high sulfur content of this petroleum coke make it largely unusable for those purposes, said Kerry Satterthwaite, a petroleum coke analyst at Roskill Information Services, a commodities analysis company based in London.
“It is worse than a byproduct,” Ms. Satterthwaite said.“It’s a waste byproduct that is costly and inconvenient to store, but effectively costs nothing to produce.”
Murray Gray, the scientific director for the Center for Oil Sands Innovation at the University of Alberta, said that about two years ago, Alberta backed away from plans to use the petroleum coke as a fuel source, partly over concerns about greenhouse-gas emissions. Some of it is burned there, however, to power coking plants.
The Keystone XL pipeline will provide Gulf Coast refineries with a steady supply of diluted bitumen from the oil sands. The plants on the coast, like the coking refineries concentrated in California to deal with that state’s heavy crude oil, are positioned to ship the waste to China or Mexico, where it is burned as a fuel. California exports about 128,000 barrels of petroleum coke a day, mainly to China.
Tony McCallum, a spokesman for the Canadian Association of Petroleum Producers, played down the impact of Keystone XL. “Most of the Canadian oil earmarked for the U.S. Gulf Coast is to replace declining heavy oil imports from Mexico and Venezuela that produces the same amount of petcoke, so it doesn’t create a new issue,” he wrote in an e-mail.
Much of the new coking investment has gone into refineries in the Midwest to allow them to take advantage of the oil sands. BP, the British energy company, is building what it describes as the second-largest coke refinery in Whiting, Ind. When completed, the unit will be able to process about 102,000 barrels of bitumen or other heavy oils a day.
And what about the leftover coke? The Environmental Protection Agency will no longer allow any new licenses permitting the burning of petroleum coke in the United States. But D. Mark Routt, a staff energy consultant at KBC Advanced Technologies in Houston, said that overseas companies saw it as a cheap alternative to low-grade coal. In China, it is used to generate electricity, adding to that country’s air-quality problems. There is also strong demand from India and Latin America for American petroleum coke, where it mainly fuels cement-making kilns.
“I’m not making a value statement, but it comes down to emission controls,” Mr. Routt said. “Other people don’t seem to have a problem, which is why it is going to Mexico, which is why it is going to China.”
“One man’s junk is another man’s treasure,” he said. One of the world’s largest dealers of petroleum coke is the Oxbow Corporation, which sells about 11 million tons of fuel-grade coke a year. It is owned by William I. Koch, a brother of David and Charles.
Lorne Stockman, who recently published a study on petroleum coke for the environmental group Oil Change International, says, “It’s really the dirtiest residue from the dirtiest oil on earth,” he said.
Rhonda Anderson, an organizing representative of the Sierra Club in Detroit, said that the mountain’s rise took her group by surprise, but it had one benefit.
“Those piles kind of hit us upside to the head,” she said. “But it also triggered a kind of relationship between Canada and the United States that’s allowed us to work together.”
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