Sunday, March 31, 2013

FOXNews.com: TURBINE TROUBLE:Nevada Wind Farm Could Face Fine Over Eagle Death

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TURBINE TROUBLE:Nevada Wind Farm Could Face Fine Over Eagle Death
Mar 31st 2013, 08:58

  • windfarm12z.jpg

    May 21, 2012: Wind turbines operate at a wind farm near Milford, Utah.Reuters

ELY, Nev. –  An eastern Nevada wind farm could face a fine of up to $200,000 over the death of a golden eagle.

The U.S. Fish and Wildlife Service is investigating the bird's death at the Spring Valley Wind Farm near the Utah border, 350 miles east of Reno, spokesman Jeannie Stafford said.

San Francisco-based Pattern Energy, owner of the 152-megawatt wind energy project that sells power to Las Vegas-based NV Energy, turned over the dead eagle to federal authorities within 36 hours of its discovery in February.

Despite reporting the death, the wind farm could face a fine because it does not hold a federal "take" permit that would allow the incidental death of a golden or bald eagle, the Las Vegas Review-Journal reported.

Eagles receive special protection under federal law.

Scott Flaherty, spokesman for the Fish and Wildlife Service's southwestern regional office in Sacramento, Calif., said wind energy projects are not required to obtain take permits, but those that don't open themselves up to investigation and possible prosecution under federal law.

Applying for a permit and engaging with the service before any eagles are killed "provides the best possible outcomes for the companies and the wildlife," Flaherty said.

"We really prefer that wind developers work with the Service early on in the process" to identify the best site for a farm and its individual turbines to reduce bird strikes, he told the Review-Journal.

The $225 million facility went online in August as the first utility-scale wind farm in Nevada and the first to be built on federal land anywhere in the United States.

It features 66 turbines, each roughly 400 feet tall, scattered over 7,500 acres in White Pine County's Spring Valley near Great Basin National Park.

Pattern CEO Mike Garland called the bird's death "unfortunate" but noted that it is "the one eagle incident" since the start of operations on Aug. 8.

"We reported the incident to the U.S. Fish and Wildlife Service and other local agencies and continue to work with these organizations on this matter," he said in a statement.

Stafford said Spring Valley is not a breeding ground for golden eagles, but they migrate through the area and forage for food there. Few bald eagles, if any, are known to pass through Spring Valley, she said.

Environmental groups sued to block construction of the wind farm over concerns about birds and bats dying in collisions with the turbines, among other issues.

Under a settlement, Pattern agreed to expand its program for tracking bird and bat deaths associated with the project. The company also agreed to pay $50,000 for a study of nearby Rose Cave, where more than 1 million Mexican free-tailed bats roost during their fall migration.

In 2010, developers of the wind farm said they expected fewer than 203 birds and 193 bats to die each year from turbine encounters, citing mitigation measures such as "modified" electrical lines and an advanced radar system to reduce risks to birds.

NV Energy has agreed to buy wind energy from the wind farm for the next 20 years.

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FOXNews.com: 'DOUBLE SHOCK':Texas District Attorney, Wife Found Dead at Home

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'DOUBLE SHOCK':Texas District Attorney, Wife Found Dead at Home
Mar 31st 2013, 08:58

  • texasda12.jpg

    UNDATED: This photo shows Kaufman County District Attorney Mike McLelland.MyFoxDFW.com

A North Texas district attorney and his wife were found dead Saturday at their home in the same county where an assistant district attorney was shot and killed outside a courthouse in January.

The Dallas Morning News reports that Kaufman County District Attorney Mike McLelland and his wife, Cynthia, were found shot to death at their home outside Forney.

Kaufman Police Chief Chris Aulbaugh could not confirm that the deaths were related to the murder of Kaufman County Assistant District Attorney Mark Hasse, the paper reported.

A masked gunman shot Hasse multiple times in the parking lot behind the Kaufman County Courthouse annex on Jan. 31.

No arrests have been made in connection with Hasse's murder, according to MyFoxDFW.com.

"It is a shock," Aulbaugh said late Saturday, the Dallas Morning News reported. "It was a shock with Mark Hasse, and now you can just imagine the double shock and until we know what happened, I really can't confirm that it's related but you always have to assume until it's proven otherwise."

Sam Rosander, who lives in the same unincorporated area of Kaufman County as the McLellands, told The Associated Press that sheriff's deputies were parked in the district attorney's driveway for about a month after Hasse was killed.

Aulbaugh said recently that the FBI was checking to see if Hasse's killing could be related to the killing of the head of Colorado's prison system, Tom Clements, who was gunned down after answering the doorbell at his home.

Evan Spencer Ebel, a former Colorado inmate and white supremacist who authorities believe killed Clements, was gunned down in a March 21 shootout with Texas deputies about 100 miles from Kaufman.

Aulbaugh said at the time that the investigation into whether the cases were linked was routine for attacks that appear similar. Both targeted law enforcement officials. Authorities have investigated whether Hasse's death could be linked to a white supremacist gang.

Aulbaugh had said there's no indication that Hasse, 57, had been afraid he might be killed and, although the prosecutor was a licensed peace officer, officials refused to say whether he was carrying a weapon.

Hasse was chief of the organized crime unit when he was an assistant prosecutor in Dallas County in the 1980s, and he handled similar cases in Kaufman County, 33 miles southeast of Dallas.

McLelland had said Hasse was one of 12 attorneys on his staff, all of whom handle hundreds of cases at a time.

"Anything anybody can think of, we're looking through," McLelland said after the assistant prosecutor was killed.

In recent years, Hasse played major roles in Kaufman County's most high-profile cases, including one in which a justice of the peace was convicted on theft and burglary charges and another in which a man was convicted of killing his former girlfriend and her 10-year-old daughter.

Click here for more from The Dallas Morning News.

Click here for more from MyFoxDFW.com.

The Associated Press contributed to this report.

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Saturday, March 30, 2013

FOXNews.com: Report: Texas district attorney, wife, found dead

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Report: Texas district attorney, wife, found dead
Mar 31st 2013, 04:57

Published March 30, 2013

FoxNews.com

  • texasda12.jpg

    UNDATED: This photo shows Kaufman County District Attorney Mike McLelland.MyFoxDFW.com

A North Texas district attorney and his wife were found dead Saturday at their home in the same county where an assistant district attorney was shot and killed outside a courthouse in January.

The Dallas Morning News reports that Kaufman County District Attorney Mike McLelland and his wife, Cynthia, were found shot to death at their home outside Forney.

Kaufman Police Chief Chris Albaugh could not confirm that the deaths were related to the murder of Kaufman County Assistant District Attorney Mark Hasse, the paper reported.

A masked gunman shot Hasse multiple times in the parking lot behind the Kaufman County Courthouse annex on Jan. 31.

No arrests have been made in connection with Hasse's murder, according to MyFoxDFW.com.

Click here for more from The Dallas Morning News.

Click here for more from MyFoxDFW.com.

The Associated Press contributed to this report.

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FOXNews.com: CELEBRITY PROBE:Board Asked to Investigate 'Artists Against Fracking'

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CELEBRITY PROBE:Board Asked to Investigate 'Artists Against Fracking'
Mar 31st 2013, 00:57

  • fracking_celebs.jpg

    FILE: Jan. 17, 2013, Yoko Ono, left, and son Sean Lennon visit a fracking site in Franklin Forks, Pa., during a bus tour of natural-gas drilling sites in northeastern Pennsylvania.AP

ALBANY, N.Y. –  A formal complaint filed with New York's lobbying board asks it to investigate whether Artists Against Fracking, a group that includes Yoko Ono and other A-List celebrities, is violating the state's lobbying law, according to the document obtained by The Associated Press.

The Independent Oil & Gas Association, an industry group that supports gas drilling, filed the complaint Tuesday with the state's Joint Commission on Public Ethics.

The complaint is based on an AP story that found that Artists Against Fracking and its members, including Ono, her son Sean Lennon, actors Mark Ruffalo and Robert De Niro and others, aren't registered as lobbyists and therefore didn't disclose their spending in opposition to hydraulic fracturing, or fracking, to remove gas from underground deposits.

"The public has been unable to learn how much money is being spent on this effort, what it is being spent on, and who is funding the effort," said Brad Gill, executive director of the Independent Oil & Gas Association of New York. "I understand the power of celebrity that this organization has brought to the public discussion over natural gas development, but I do not understand why this organization is not being required to follow the state's lobbying law."

The group confirmed it filed the complaint but didn't comment further.

Artists Against Fracking, formed by Ono and Lennon, says its activities are protected as free speech. The group was created last year amid the Cuomo administration's review to determine whether to allow hydraulic fracturing to remove gas from vast underground shale formations in southern and central New York.

Gov. Andrew Cuomo continues his review as public opinion has shifted from initial support based on the promise of jobs and tax revenue from drilling in economically depressed upstate New York to mixed feelings because of concerns over potential environmental and health effects.

Seven months after Artists Against Fracking was formed, the Quinnipiac University Polling Institute on March 20 found that New York voters were for the first time opposed to fracking, 46 percent to 39 percent.

"There's no doubt the celebrities had an effect," Quinnipiac pollster Maurice Carroll said. "As far as I can tell, they made all the difference."

A spokesman for Artists Against Fracking said the group and its individual members don't have to register as lobbyists.

"As private citizens, Yoko and Sean are not required to register as lobbyists when they use their own money to express an opinion and there's also no lobbying requirement when you are engaged in a public comment period by a state agency," spokesman David Fenton said.

"If the situation changes then, of course, Artists Against Fracking will consider registering," Fenton said. "Up to now, there has been no violation because they are entitled to do this as private citizens with their own money."

On its website, the group implores readers: "Tell Governor Cuomo: Don't Frack New York." Celebrities supporting the group have led rallies and performed in the song "Don't Frack My Mother," also carried on the Internet.

Ethics commission spokesman John Milgrim didn't immediately respond to a request for comment on Friday. By law, the commission doesn't confirm or deny pending investigations.

New York's former lobbying regulator, attorney David Grandeau, said he believed the group and the supporting artists, including musicians Paul McCartney and Lady Gaga and actress Anne Hathaway, should be registered and required to disclose details on their efforts to spur public opposition to gas drilling.

"When you are advocating for the passage or defeat of legislation or proposed legislation and spend more than $5,000, you are required to register," Grandeau said Friday. "Just because you are a celebrity doesn't mean that lobbing laws don't apply to you. Your celebrity status does not protect you in Albany."

Hip-hop mogul Russell Simmons and developer Donald Trump are among the high-profile figures who clashed with the commission when Grandeau was regulator. The biggest penalty for failure to follow the lobbying law resulted in a $250,000 fine against Trump and others over casinos in 2000.

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FOXNews.com: Labor, big business agree on key part of immigration reform; final deal still faces hurdles

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Labor, big business agree on key part of immigration reform; final deal still faces hurdles
Mar 31st 2013, 00:57

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    FILE: March 27, 2013: In this photo on the Twitter account of Ariz. GOP Sen. John McCain, he and Sen. Charles Schumer, D-N.Y., left, stand with U.S. Border Patrol agents in Nogales, Ariz.AP

Organized labor and big business have reached a deal on a new, low-skilled workers program that will help clear the way for Capitol Hill immigration reform, but President Obama and a leading Republican senator maintain cautious optimism about a final deal.

The deal was reach during a Friday night phone call between AFL-CIO President Richard Trumka and U.S. Chamber of Commerce chief executive Tom Donohue, according to several news organizations and confirmed by FoxNews.

The deal was brokered by New York Democratic Sen. Chuck Schumer, who also was on the phone call and is one of eight senators working on bipartisan reform legislation.

Despite the breakthrough, Florida Republican Sen. Marco Rubio's office cautioned Saturday that Congress still has a long way to go before passing legislation in the Democrat-controlled Senate and the Republican-controlled House.

"Senate negotiators are making good progress on immigration reform, but we're not done yet," Rubio press secretary Alex Conant tweeted Saturday.

White House spokesman Clark Stevens said Obama continues to be encouraged by the progress being made by the bipartisan group of senators.

"We look forward to seeing language once it is introduced and expect legislation to move forward as soon as possible," he said.

A source told The Associated Press, on the condition of anonymity, the deal resolves disagreements over wages for new, low-income workers and which industries would be included.  

All members of the so-called Gang of Eight are expected to sign off on the agreement.

The remaining big hurdles to passage are securing the U.S. borders, cracking down on employers who hire illegally and creating a pathway to citizenship for 11 million illegal immigrants already in the country.

The bipartisan group is expected to introduce the bill officially the week of April 8, after Congress returns from a two-week recess.

The AFL-CIO and the Chamber had been fighting over wages for tens of thousands of low-skilled workers who would be brought in under the new program to fill jobs in construction, hotels and resorts, nursing homes and restaurants and other industries.

On Friday, officials from both sides said there was basic agreement on the wage issue, and Schumer said a final deal on the worker dispute was very close.

"We're feeling very optimistic on immigration: Aspiring Americans will receive the road map to citizenship they deserve and we can modernize `future flow' without reducing wages for any local workers, regardless of what papers they carry," AFL-CIO spokesman Jeff Hauser said in a statement earlier this week. "Future flow" refers to future arrivals of legal immigrants.

Under the emerging agreement between business and labor, a new "W" visa program would bring tens of thousands of lower-skilled workers a year to the country. The program would be capped at 200,000 a year, but the number of visas would fluctuate, depending on unemployment rates, job openings, employer demand and data collected by a new federal bureau pushed by the labor movement as an objective monitor of the market.

The workers would be able to change jobs and could seek permanent residency. Under current temporary worker programs, personnel can't move from employer to employer and have no path to permanent U.S. residence and citizenship. And currently there's no good way for employers to bring many low-skilled workers to the U.S. An existing visa program for low-wage nonagricultural workers is capped at 66,000 per year and is supposed to apply only to seasonal or temporary jobs.

The Chamber of Commerce said workers would earn actual wages paid to American workers or the prevailing wages for the industry they're working in, whichever is higher. The Labor Department determines prevailing wage based on customary rates in specific localities, so that it varies from city to city.

The low-skilled worker issue had loomed for weeks as perhaps the toughest matter to settle in months-long, closed-door talks on immigration among the senators, including Republicans John McCain, Arizona, and Rubio.

The issue helped sink the last major attempt at immigration overhaul in 2007, when the legislation foundered on the Senate floor after an amendment was added to end a temporary worker program after five years, threatening a key priority of the business community.

The amendment passed by just one vote, 49-48. Obama, a senator at the time, joined in the narrow majority voting to end the program after five years.

The president, who won roughly 71 percent of the Hispanic vote during his November re-election, has made immigration reform a key part of his second term. And Republicans are attempting to improve their relationship with Hispanics, the fasting growing segment of the U.S. populations.

The Associated Press contributed to this report.

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FOXNews.com: MEDICAL HORROR:Okla. Dentist's Patients Line Up to Get Tested for HIV

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MEDICAL HORROR:Okla. Dentist's Patients Line Up to Get Tested for HIV
Mar 31st 2013, 00:57

TULSA, Oklahoma –  About 150 to 200 patients of a Tulsa oral surgeon accused of unsanitary practices queued outside a health clinic Saturday, hoping to discover whether they had been exposed to hepatitis or the virus that causes AIDS.

Letters began going out Friday to 7,000 patients who had seen Dr. W. Scott Harrington during the past six years, warning them that poor hygiene at his clinics created a public health hazard. The one-page letter said how and where to seek treatment but couldn't explain why Harrington's allegedly unsafe practices went on for so long.

Testing for hepatitis B, hepatitis C and the virus that causes AIDS began at 10 a.m. Saturday, but many arrived early and stood through torrential downpours.

Kari Childress, 38, showed up at the Tulsa Health Department North Regional Health and Wellness Center at 8:30 a.m., mainly because she was nervous.

"I just hope I don't have anything," said Childress, who had a tooth extracted at one of Harrington's two clinics five months ago. "You trust and believe in doctors to follow the rules, and that's the scariest part."

Inspectors found a number of problems at the doctor's clinics in Tulsa and suburban Owasso, according to the state Dentistry Board, which filed a 17-count complaint against Harrington pending an April 19 license revocation hearing. According to the complaint, needles were reinserted into drug vials after being used on patients, expired drugs were found in a medicine cabinet and dental assistants administered sedatives to patients, rather than the doctor.

One patient, Orville Marshall, said he didn't meet Harrington until after he had two wisdom teeth pulled about five years ago at the Owasso clinic. A nurse inserted the IV for his anesthesia; Harrington was there when Marshall came to.

"It's just really scary. It makes you doubt the whole system, especially with how good his place looked," said Marshall, 37.

An instrument set reserved for use on patients with infectious diseases was rusty, preventing its effective sterilization, and the office autoclave -- a pressurized cleaner -- was used improperly and hadn't been certified as effective in at least six years, according to the complaint.

Dr. Matt Messina, a practicing dentist in Cleveland and a consumer adviser for the American Dental Association, said creating a safe and hygienic environment is "one of the fundamental requirements" before any dental procedure can be performed.

"It's not hard. It just takes effort," he said.

Weekly autoclave testing can be performed for less than $400 annually, according to the website of the Autoclave Testing Services of Pearl River, New York.

Autoclaves themselves typically can be purchased for $1,000 to $8,000, depending on their size and features. And an average dental practice can expect to pay more than $40,000 a year in equipment, tools and supplies alone, according to several dental organizations.

Attempts to reach Harrington have been unsuccessful. No one answered the door Thursday at his Oklahoma home, which property records show is worth more than $1 million. His practice a few miles away, in a tony section of Tulsa where plastic surgeons operate and locals congregate at bistros and stores like Saks Fifth Avenue, has a fair-market value of around $851,000.

Property and tax records show Harrington owns another residence in Carefree, Ariz., in an area of upscale homes tucked into in the boulder-strewn mountains north of Phoenix.

Nobody was at home Saturday at the low-slung, 1950s-style vacation home, across from the tony Boulders Resort. Neighbors said they had seen a lot of activity at the home in recent weeks.

Harrington's malpractice lawyer, Jim Secrest II, did not respond to phone messages left Thursday or Friday. A message at Harrington's Tulsa office said it was closed and an answering service referred callers to the Tulsa Health Department.

Nursing student Anisa Lewis, 22, said her friends recommended Harrington's practice when she had to get her wisdom teeth taken out in 2005.

"I'm a little nervous because I read the complaints filed against him, and in nursing school, we're taught how to handle and clean our instruments, she said. "It was very shocking to read some of the allegations," which she called "far beyond the pale of the precautions you're supposed to be taking."

Susan Rogers, the executive director of the state Dentistry Board, said her agency has a budget of around $1 million, much of that generated from license renewal fees and dentist certification. It has only five employees to monitor more than 2,000 dentists, and the staff does inspections only if the agency receives a complaint.

"With three incoming telephone lines and essentially one person handling the phones, emails, snail mail, renewals, new license/permit applications, walk ins ... we will miss phones calls," the board's website says.

"So follow the instructions on the message," the site says. "We will respond to your request as soon as we can in the order in which it is received, but it will take time. We appreciate your patience."

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FOXNews.com: Fields of Unregulated Gold?

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Fields of Unregulated Gold?
Mar 30th 2013, 19:34

  • crops_ge.jpg

    FILE: November 24, 2008: A Greenpeace activist displays signs that symbolize genetically modified maize crops, during a protest in front of the European Union headquarters in Brussels.REUTERS

President Obama approved a temporary spending bill this week that averted a government shutdown but also riled a slew of groups that say one provision protects Monsanto and other makers of genetically modified seeds and crops from federal courts.

The so-called Monsanto Protection Act essentially requires the Agriculture Department to approve the growing, harvesting and selling of such crops, even if the courts rule environmental studies are incomplete -- undermining  the judicial review system and posing potential health risks, critics say.

The biotech rider was included in spending bill HR 933 and signed Tuesday by Obama, despite White House protests and at least two petitions, including one by the group Food Democracy Now that got more than 250,000 signatures.

Critics have also attacked Senate Appropriations Chairwoman Barbara Mikulski, accusing the Maryland Democrat of allowing the rider to be added to the continuing resolution without a proper hearing.

Andrew Kimbrell, executive director of the Center for Food Safety, described the situation as a "hidden backroom deal."

"Sen. . Mikulski turned her back on consumer, environmental and farmer protection in favor of corporate welfare for biotech companies such as Monsanto," he added. "This abuse of power is not the kind of leadership the public has come to expect from Sen. Mikulski or the Democrat majority in the Senate."

On Friday, Mikulski's office issued a statement that appeared to attempt to take the blame away from the senator, saying the provision was included in legislation completed in fall 2012, before she became chairwoman of the committee.

"Senator Mikulski understands the anger over this provision," the statement also said. "She didn't put the language in the bill and doesn't support it either."  

Kimbrell called the statement a "positive first step" and said the Center for Food Safety and others have now set their sights on making sure the six-month provision in not included in future legislation.

He said Democratic Sens. John Tester, Montana; Kirsten Gillibrand, New York; Patrick Leahy, Vermont; Mark Begich, Alaska; and Richard Blumethal, Connecticut, already oppose the rider.

Tester told Politico that the deal worked out with Monsanto, the world's biggest producer of genetically modified crops and seeds, was simply bad policy.

"These provisions are giveaways, pure and simple, and will be a boon worth millions of dollars to a handful of the biggest corporations in this country," he said.

And such major groups and food companies as the National Farmers Union, the American Civil Liberties Union, Stonyfield Farms and Nature's Path also purportedly oppose the rider.

A blog posting on the Stonyfield website in December 2012 appears to validate Mikulski's argument that the rider was added before her committee appointment.

"Even if the courts find that a (genetically engineered) crop shouldn't be planted until more research is done about its safety, no one could stop that crop from being planted, even temporarily," the posting states. "This provision clearly tells us that Congress thinks public health and safety should take a back seat to the expansion of GE crops. The good news is it's not too late to tell Congress that this is one holiday surprise we don't need."

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