Patented Genes: It’s MORE Than Just a Court Case

One corporation, Myriad Genetics, holds a patent on the BRCA1 and BRCA2 genes which are a ‘product of nature.’  Because they hold the patent, that means no one other than them can develop even a simple test to test for mutations in these genes because it would be a patent violation.

What that means is that YOU could die because you relied on a test that said you’re negative for cancer, when you were actually POSITIVE for CANCER.

How many women have to needlessly DIE before the BRCA1/BRCA2 patent held by Myriad Genetics is repealed?

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Articles I’ve Been Reading: 2013-03-04

THE BOEHNER-QUESTER
Sequester: The Finger on the TriggerRichard (RJ) Eskow, Op-Ed: Today is the day the package of budget cuts they call the “Sequester” takes effect. There will be endless postmortems and real-time analyses. But as its draconian effects, there’s one thing to remember above all: Congress did this. Let’s hold the guilty parties accountable, especially as the chaos they’ve created rains down around us. Let’s not forget that the Sequester is really a weapon—a weapon whose purpose is to harm government and those it serves. In the end, that includes all but the most powerful among us. Let’s respond in a measured, appropriate and high-minded way to this act, but let’s not forget who’s committing the act.

The Truth and Consequences of Sequestration

Terrance Heath, Op-Ed: What if someone told you that a disastrous event is just days away from happening; one that will play havoc with the economy and bring pain and hardship to millions? What if the same someone told you that our government set this disaster in motion, and could easily stop it, but appears unable or unwilling to do so? You’d call them crazy, right? Well, welcome to the insanity called “sequestration.” Here’s why and how it could trickle down into your life. Here’s the truth and consequences of sequestration.

Of Sequester, Squander, and How Congress Sold Out the People

Carl Gibson, Op-Ed: Back in the days when I used to be a legislative reporter for Mississippi’s NPR affiliate, I was covering a story where Gov. Haley Barbour refused to stop cuts to mental health programs and schools in Mississippi with money from the rainy day fund. My favorite Southern legislator, Rep. Steve Holland of Plantersville, had this to say: “There’s hay in the barn, but we’re not feeding the horses.”

Robert Reich | The Sequester and the Tea Party Plot

Robert Reich, Op-Ed: Imagine a plot to undermine the government of the United States, to destroy much of its capacity to do the public’s business, and to sow distrust among the population. Imagine further that the plotters infiltrate Congress and state governments, reshape their districts to give them disproportionate influence in Washington, and use the media to spread big lies about the government. Finally, imagine they not only paralyze the government but are on the verge of dismantling pieces of it.

Obama on Sequester Impact: No Exaggeration to Struggling Families Facing a Pay Cut

Isaiah J. Poole, Op-Ed: “So I want to be very clear here. It is absolutely true that this is not going to precipitate the kind of crisis we talked about with America defaulting and some of the problems around the debt ceiling. I don’t anticipate a huge financial crisis, but people are going to be hurt. The economy will not grow as quickly as it would have. Unemployment will not go down as quickly as it would have – and there are lives behind that. And that’s real. And it’s not necessary – that’s the problem.”

ECONOMY

How Inequality Is Killing the Dinosaurs

dinosaurSalvatore Babones, Truthout: What killed the dinosaurs the first time around? Meteor? Global warming? Smoking? The culprit for the loss and destruction of what little is left of the dinosaurs today is economic inequality. Collectors argue that as long as they break no laws they should be free to collect what they want, be it art, coins, fossils. But let’s be serious: Who really wants a 40-foot long tyrannosaurus for the living room? Even if you’re allowed to buy one, who would?
According to CBS News legal correspondent John Miller, the buyers are “wealthy people who want something really interesting for their friends to talk about put under their key light in their basement for their 70 dinner guests.”

After the Sequester: Can We Create Better Jobs for Military Employees?

James Trimarco, Op-Ed: The sequester, a set of massive budget cuts required by the ongoing debt ceiling deal, will slash billions from Medicare, education, and other programs that benefit our society’s neediest if it goes through. That’s bad news if you care about those people. But there’s also something to like about it: the largest share of the cuts would come from the military. Many of us have been calling for such cuts for decades, and we should celebrate the possibility of finally getting what we’ve been asking for—even if it comes as the result of Republican demands for austerity. But we should also stand with those who will lose their jobs as a result of defense-budget cuts.

Debt” Campaign Exposed

Amy Goodman, Video Report: With the Capitol Hill showdown over the $85 billion across-the-board budget cuts taking effect this Friday, The White House and analysts fear the so-called “sequester” could jeopardize hundreds of thousands of jobs. While Republicans and Democrats largely agree the cuts are ill-advised, they are far from reaching any sort of agreement. President Obama wants Republicans to end tax breaks, mostly for the wealthy; Republicans are insisting government spending be cut first.

While Republicans Warn Against ‘Greece,’ That is Exactly Where Austerity Budgeting Will Lead U.S.

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Joe Conason, Op-Ed: Indebted America is in danger of turning into destitute Greece, or so congressional Republicans and conservative commentators have been warning us for years now. For many reasons, this is an absurd comparison — but it may not always be quite so ridiculous if Washington’s advocates of austerity get their way.

HEALTH
4 Common Dangers Lurking in Your ‘Health’ SupplementsAnthony Gucciardi, News Report: In a world where health consciousness is increasingly more popular each day, major corporations have entered the health supplements marketplace under new ‘health’ brands in an attempt to soak up some of the profits. In doing this, these corporations that truly do not have any concern for the actual quality of their products tend to cut costs by using dangerous fillers and additives that pose a serious risk to your health. A risk that is particularly concerning when considering that these supplements are supposed to enhance your health.

Native American Women Demand Rightful Access to Emergency Contraception

imageBy Alexa Kolbi-Molinas, ACLU Reproductive Freedom Project & Charon Asetoyer, CEO, Native American Community Board at 2:31pm

Imagine being denied emergency contraception after a sexual assault; to not even be informed about the steps you can take to prevent an unwanted pregnancy; and to later find yourself pregnant as a result of the rape.

For thousands of Native American women this is reality.  Read the full article here

Price-gouging in ‘Free Market’ Medicine

Froma Harrop, Op-Ed: When folks pan the Affordable Care Act for being nearly 3,000 pages long, here’s a sensible response: It could have been done in a page and a half if it simply declared that Medicare would cover everyone. The concept of Medicare for All was pushed by a few lonely liberals. And it would have been, ironically, the most conservative approach to bringing down health care costs while maintaining quality. Medicare bringing down health care costs? “Ha, ha, ha,” says the program’s foes, citing the spending projections for the government health plan serving older Americans.

CULTURE WAR / HUMAN RIGHTS / VOTING RIGHTS

“A Racial Entitlement” – The Right to Vote

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Written by  Benjamin Jealous; Joan Walsh | Portside

“It no longer surprises me when extremist state legislators try to restrict our voting rights. I don’t like it and we fight against it, but I’m no longer surprised by it.” “What surprises and outrages me is that yesterday a Supreme Court Justice said that the protection of the right to vote is a ‘perpetuation of racial entitlement.'” Benjamin Jealous, President and CEO, NAACP

Report: Campaign Law Changes Hasten Power Imbalance Between Rich, Poor

Dave Levinthal, News Report: The U.S. political system is increasingly gamed against Americans of modest means—a situation exacerbated in recent years by major changes in the nation’s campaign laws. That’s the overriding takeaway from a new report slated for release today by Demos, a left-leaning nonprofit public policy group “working for an America where we all have an equal say in our democracy and an equal chance in our economy.” The 39-page report, entitled “Stacked Deck,” paints a picture of corporate powerhouses and wealthy businesspeople dominating political discourse and exacting disproportionate influence over policy incomes.

Campus Sexual Violence Elimination Act Headed for President’s signature

Kristen Lombardi, News Report: The House of Representatives passed federal legislation aimed at combating campus sexual violence on Thursday, including it in a bipartisan renewal of the Violence Against Women Act following months of congressional gridlock. The Senate has already approved the measure, which means passage is virtually assured; President Barack Obama could sign it into law as early as next week. In a vote of 286 to 138, House members approved a reauthorization of VAWA that incorporates, as Section 304, the Campus Sexual Violence Elimination Act, known as Campus SaVE.

AGRICULTURE

Monsanto’s Patents on Life

Katherine Paul and Ronnie Cummins, News Analysis: Last week, the U.S. Supreme Court began hearing arguments in a seed patent infringement case that pits a small farmer from Indiana, 75-year old Vernon Hugh Bowman, against biotech goliath Monsanto. Reporters from the New York Times to the Sacramento Bee dissected the legal arguments. They speculated on the odds. They opined on the impact a Monsanto loss might have, not only on genetically modified crops, but on medical research and software.

Maine Quietly Mounting Massive Support for Historic GMO Labeling Bill

imageFrits Kreiss, News Report: For many months legislators and community leaders in the State of Maine have been quietly building broad and unprecedented support for passing a historic first-in-the-nation Right-To-Know GMO Labeling law. This week the bill, LD 718, jointly sponsored by the bi-partisan team of Representative Lance Harvell (R-Farmington) and Senator Chris Johnson (D-Lincoln), was introduced to Maine citizens and legislators.

ENVIRONMENT / CLIMATE

Will ALEC Block EPA Coal Pollution Safeguards at Illinois’ Controversial Prairie State Energy Campus?

Connor Gibson, News Analysis: The U.S. Securities and Exchange Commission is investigating the Illinois-based Prairie State Energy Campus, a combined coal mine and power plant spearheaded by Peabody Energy, co-owned by eight public power companies based in the Midwest. Numerous cost overruns from construction delays and equipment problems at the Campus resulted in customers in several states having to pay for power well above market price. While Peabody defends Prairie State Energy Campus (PSEC) from SEC scrutiny, a corporate front group has developed copycat legislation that could exempt dirty projects like PSEC from national clean air and water laws.

U.S. Security Establishment Increasingly Worried about Climate Change

Joe Hitchon, News Report: More than three dozen national security officials, members of Congress and military leaders are warning of the threat climate change poses to U.S. national security, the latest in an indicator that U.S. intelligence and national security circles are increasingly worried about a warming planet. In a new bipartisan open letter, they stress the need for urgent action and call on both public and private support to address issues that included forced migration and the displacement of vulnerable communities, as well as the dangers related to food production during extreme weather events.


8 Ways Corporations are Poisoning Our Food, Water, the Earth
Mike Barrett, News Report: While we may be under the impression that our system of government is here to protect us, corporations—and the politicians getting paychecks from them—do a fair job of making that difficult. This manner of “legislative capture” is manifesting itself in a host of appalling ways far beyond those listed here. Here are 8 ways corporations are poisoning our food supply, humans, and mother earth.

ENERGY

Cape Wind Still Hopeful to Construct America’s First Wind Farm

imageAshley Curtin, News Report: Harnessing the power of wind off the coast of Cape Cod was the vision business owner Jim Gordon had in mind to provide renewable clean energy to the New England area. And in 2001, Gordon and his independent power company, Energy Management Inc., pursued the idea of converting solar energy into mechanical power and Cape Wind was born. The energy conservation project, which began development in 2001, will be America’s first offshore wind farm, but legal battles and potential federal budget cuts might stall the construction of the wind farm.

It’s Tar Sands, Not Just the Pipeline, that Threaten the Climate

William Boardman, News Analysis: The same day that U.S. Secretary of State John Kerry was promising a “fair and transparent” review of the Keystone XL oil pipeline from Alberta, Canada, to the Texas Gulf Coast, the CEO of the company building that pipeline, TransCanada’s Russ Girling, was reported as saying that his company’s “Plan A” was finishing a different pipeline that would take the same tar sands oil to Canada’s east coast. TransCanada’s plan to establish a pipeline to the Atlantic coast has received little attention since CEO Girling’s February 6 interview on Bloomberg Television and Bloomberg’s later report.

Millions of Acres of Land — Larger Than California and Florida Combined — Already Leased to Oil and Gas Industry

Amy Mall, News Report: According to a new NRDC analysis, at the end of 2011, seventy of the largest oil and gas companies operating in the U.S. held leases covering at least 141 million net acres of American land—an area greater than California and Florida combined. Given the sordid environmental history of oil and gas development that has already occurred across the U.S., NRDC is extremely concerned about the additional harmful environmental, health and safety impacts that oil and gas development of this magnitude will bring in the future.

NATIONAL SECURITY / DOD / WAR

‘Homeland Security’

Chris Hellman and Mattea Kramer, Op-Ed: Imagine a labyrinthine government department so bloated that few have any clear idea of just what its countless pieces do. Imagine that tens of billions of tax dollars are disappearing into it annually, black hole-style, since it can’t pass a congressionally mandated audit. Now, imagine that there are two such departments, both gigantic and you’re beginning to grasp the new, twenty-first century American security paradigm. For decades, the Department of Defense has met this definition to a T. Since 2003, however, it hasn’t been alone.

The Drone War Doctrine We Still Know Nothing About

imageCora Currier and Justin Elliott, News Analysis: Consider: while four American citizens are known to have been killed by drones in the past decade, the strikes have killed an estimated total of 2,600 to 4,700 people over the same period. The focus on American citizens overshadows a far more common, and less understood, type of strike: those that do not target American citizens, Al Qaeda leaders, or, in fact, any other specific individual. In these attacks, known as “signature strikes,” drone operators fire on people whose identities they do not know based on evidence of suspicious behavior or other “signatures.”

How Does the U.S. Mark Unidentified Men in Pakistan and Yemen as Drone Targets?

Cora Currier, News Report: Earlier this week, we wrote about a significant but often overlooked aspect of the drone wars in Pakistan and Yemen: so-called signature strikes, in which the U.S. kills people whose identities aren’t confirmed. While President Obama and administration officials have framed the drone program as targeting particular members of Al Qaeda, attacks against unknown militants reportedlymay account for the majority of strikes.

INFRASTRUCTURE

Poland, in Crisis, Cuts Public Transport, Stranding Thousands

Pawel Wita, News Analysis: Poland was widely praised as the European state least touched by the financial crisis in 2008. Its economy grew even when all of its neighbors, including Germany, were in recession. With the wave of funds provided by the European Union in recent years, the country managed to connect its major cities by freeway and improve its infrastructure with shiny new sports fields. But these types of development are only one side of the coin. In Poland’s version of modernization, like in many other places, the biggest advantages have gone to cities while the countryside has become ever more marginalized.

(And if you look around the U.S., most of the infrastructure builds have taken place in urban instead of rural areas.  Is the GOP taking us the way Poland just chose to go?)

CONGRESSIONAL ACTIVITY (AND INACTIVITY)

Under Obama, More Appointments Go Unfilled

Theodoric Meyer, News Analysis: The Centers for Medicare and Medicaid Services haven’t had a Senate-confirmed administrator since 2006. The Federal Labor Relations Authority has had only a single member since January and can’t issue decisions. And the Election Assistance Commission hasn’t had any commissioners at all since 2011. All presidential administrations have vacancies. But an analysis of appointments data by ProPublica shows that President Obama hasn’t kept up with his predecessors in filling them. A greater share of presidentially appointed positions that require Senate confirmation were sitting vacant at the end of Obama’s first term than at the end of Bill Clinton’s or George W. Bush’s first terms.

Three-Quarters of Progressive Caucus Not Taking a Stand Against Cuts in Social Security, Medicare and Medicaid

imageNorman Solomon, Op-Ed: For the social compact of the United States, most of the Congressional Progressive Caucus has gone missing. While still on the caucus roster, three-quarters of the 70-member caucus seem lost in political smog. Those 54 members of the Progressive Caucus haven’t signed the current letter that makes a vital commitment: “we will vote against any and every cut to Medicare, Medicaid, or Social Security benefits — including raising the retirement age or cutting the cost of living adjustments that our constituents earned and need.”

THE NRA

NRA to African Americans: You’ll Need Guns to Protect Yourselves From the Government
Igor Volsky, News Report: The National Rifle Association (NRA) is increasing its outreach to African Americans with a new campaign that links the Civil Rights struggle and nonviolent resistance to gun ownership, arguing that blacks need firearms to protect themselves from the government. The video is part of an effort by the gun lobby to grow the organization’s appeal beyond a mostly white, middle-class membership and attribute high rates of gun violence in some African American communities to “culture” rather than the prevalence of guns.(Yeah … and then once you have those guns … they’ll turn around and vilify you as a criminal. Humor me — Just do a Google search for “guns NRA” … how many “black gun owners” do you NOT see?  Is that a subtle racist meme … if a white guy has a gun, he’s a protector, a hunter … but if a black guy has a gun … he’s a criminal and should be locked up.)

2012-12-02: What I’ve Been Reading

Iceland Did it Right…and Everyone Else is Doing it Wrong

News Report: Iceland’s commitment to its program, a decision to push losses on to bondholders instead of taxpayers and the safeguarding of a welfare system that shielded the unemployed from penury helped propel the nation from collapse toward recovery, according to the Washington-based fund. The rebound continues to wow officials, including International Monetary Fund chief Christine Lagarde, who recently referred to the Icelandic recovery as “impressive”.

Deja Moo (BS) All Over Again

Robert Reich, Déjà vu All Over Again Op-Ed: Haven’t we been here before? It’s as if the election never occurred – as if the Republicans hadn’t lost six or seven seats in the House and three in the Senate, as if Obama hadn’t won reelection by a greater number of votes than George W. Bush in 2004. And as if the fiscal cliff that automatically terminates the Bush tax cuts weren’t just weeks away. Déjà vu all over again.

Robert Reich, Bungee-Jumping Over the Fiscal Cliff Op-Ed: What’s the best way to pressure Republicans into agreeing to extend the Bush tax cuts for the middle class while ending them for the wealthy? The President evidently believes it’s to scare average Americans about how much additional taxes they’ll pay if the Bush tax cuts expire on schedule at the end of the year. He plans to barnstorm around the country, sounding the alarm.

Why Are Cows Tails Dropping Off?

imageFracking Our Food Supply, Elizabeth Royte | The Nation:  In Louisiana, seventeen cows died after an hour’s exposure to spilled fracking fluid. (Most likely cause of death: respiratory failure.) In north central Pennsylvania, 140 cattle were exposed to fracking wastewater when an impoundment was breached. Approximately seventy cows died; the remainder produced eleven calves, of which only three survived. In western Pennsylvania, an overflowing waste pit sent fracking chemicals into a pond and a pasture where pregnant cows grazed: half their calves were born dead. The following year’s animal births were sexually skewed, with ten females and two males, instead of the usual 50-50 or 60-40 split.

Ambient air testing by a certified environmental consultant detected elevated levels of benzene, methane, chloroform, butane, propane, toluene and xylene—compounds associated with drilling and fracking, and also with cancers, birth defects and organ damage. Her well tested high for sulfates, chromium, chloride and strontium; her blood tested positive for acetone, plus the heavy metals arsenic (linked with skin lesions, cancers and cardiovascular disease) and germanium (linked with muscle weakness and skin rashes).”

GMO Cops: Biotech Giant Hires Former Cops to ‘Enforce Patents’

Anthony Gucciardi, News Report: “So perhaps DuPont has realized that they better start shaking down their clients now before their empire ultimately collapses along with Monsanto. And if it’s not resistant rootworms, horrendous failures to yield, or a disturbingly high rate of farmer suicide, its the numerous country-wide bans on GMOs that continue to be announced each month. From Russia to Peru (which passed a monumental 10 year ban), GM crops are effectively being phased out of the international food supply.”

Kenya Bans Importation of GMO Foods

Video Feature: Public Health minister Beth Mugo subsequently directed all Public Health Officers at all ports of entry and all other government regulators to enforce the ban on importation of Genetically Modified Foods in the country. This she says was following the decision made by the cabinet to ban the importation of GMO foods into the country due to inadequate research done on GMOs and scientific evidence provided to prove the safety of the foods until such a time that the country will certify that they have no negative impacts on the health of consumers.

Sorry Monsanto: Govt Admits GM Bt Cotton Crops Fail 40%

Lisa Garber, News Report: The government of Maharashtra, a state in western India, has acknowledged for the first time that Bt cotton is a failure that will likely reduce yields by 40%, from 3.5 to 2.2 million quintal. The region’s cotton farmers will face about Rs6,000 crore, over 1 billion USD. Accumulated losses are to be even more staggering: Rs 20,000 crore, or about 3.6 billion USD, due to rising cultivation costs.

Are Human Genes Patentable? Supreme Court Will Decide

BRCA1 and BRCA2 are two of the 23,000 genes in the human genome, 20 percent of which have been patented.  We all have these genes, but women with certain genetic mutations are estimated to have up to an 85 percent lifetime risk for breast cancer and 50 percent risk for ovarian cancer.  Myriad Genetics obtained patents on the “isolated” forms of the two genes, which simply means it patented the human gene once removed from the cell.  This includes the BRCA genes from every person in the United States.  Myriad has enforced its patents on the genes so that it has a monopoly on BRCA genetic testing.

Appeal vowed in Nevada same-sex marriage ruling

Karen Golinski, Amy CunninghisA federal court challenge to Nevada’s ban on same sex marriage has been turned back in U.S. District Court, but proponents vowed Friday to fight on with an argument that a pair of state laws regarding same-sex unions unconstitutionally make gay couples “second-class citizens.”  Lambda Legal Defense and Education Fund attorney Tara Borelli noted that a Thursday ruling by U.S. District Chief Judge Robert Jones came a day before the U.S. Supreme Court considers whether to take up the gay marriage question, and just weeks after voters approved same-sex marriage in three states and defeated a ban in a fourth.

Report: America’s Domestic Workers Raise Kids, Care for Seniors, Run Households Without Benefits, Protections or a Living Wage

Domestic Workers.Mike Ludwig, Truthout: The first-of-its-kind assessment of the domestic workforce finds that the people who substantially help drive the US economy are themselves overworked, underpaid, sometimes abused and often in dire economic straits.

Methyl Iodide Federal Registration Pulled

imageOne of the most toxic pesticides on earth is now off the market thanks to an Earthjustice lawsuit.  The company that manufactures methyl iodide, an extremely toxic pesticide that is often applied to strawberries, is no longer applying for federal registration of the chemical – effectively ending its toxic legacy. Check out the interview below with Greg Loarie, our attorney who led the case against methyl iodide! Click SHARE or LIKE!

 

GOP Extremists Continue to Push Repugnant Anti-Women Laws

Pro Choice.

This absurd period of legislative history that became dubbed the “war on women” (though it affected people of all genders) culminated in this year’s notorious spate of comments from Tea Party-approved candidates about rape — legitimate, god-willed or otherwise — and resulted in the biggest anti-misogynist backlash at the ballot box we’ve seen in a long time.

Women handily voted for Obama, vetoed extreme anti-choicers and listed abortion as an important issue in exit polls. But in several states, GOPers seemed not to get the message. At all. Some of them are continuing to fight the same battles, in some cases putting women’s access at risk.

New push to reduce antibiotic use in farm animals

Officials with Keep Antibiotics Working, whose mission is to eliminate the inappropriate use of antibiotics in food animals, urged the White House and Congress on Wednesday to push forward with legislation limiting antibiotics in livestock immediately.

They argued that American lives are at risk because farmers are feeding healthy animals a high volume of unneeded antibiotics, and when those animals enter the food supply, humans are developing resistance to certain bacteria.

Ending the US War in Afghanistan? It Depends on the Meaning of the Word ‘War’

Dave Lindorff, Op-Ed: How do you “end” a war by simply having one side say it’s over, unless you actually do stop fighting and walk away? Certainly the invading side in a foreign war can call that war quits, but if the other side doesn’t, and the invader stays on the battlefield — which in Afghanistan is the whole county — you haven’t ended it at all. The other side will continue to hit you until you’re gone.

EPA Slaps BP and in the Process, Punishes the Pentagon

R. Jeffrey Smith, New Analysis: EPA acted two weeks after the corporation entered guilty pleas in federal court to 14 criminal counts, including manslaughter, related to the spill. It was not a speedy decision, however, since EPA employees began considering a contracting ban years ago in response to a BP oil spill in 2006 and a refinery explosion in 2005. “Do we want to do business with this  foreign corporation, which has a horrendous record of chronically violating U.S. law?”

Latest Sanction Against BP Goes Beyond Gulf Spill

Abrahm Lustgarten, News Analysis: When the Obama administration temporarily banned BP from federal contracts Wednesday, it pointed to BP’s “lack of business integrity” and conduct relating to the 2010 Deepwater Horizon explosion and spill. The sanction, however, has been years in the making. BP has been criminally convicted in four previous cases — including a 2005 explosion in Texas that killed 15 workers — and the EPA has been considering broader debarment proceedings against the company since at least 2005.

Conflict of Interest?  Susan Rice, Top Candidate for Secretary of State, Has Millions Tied to Canadian Tar Sands

Stephen Lacey, News Report: “According to a report from OnEarth Magazine, Rice has millions of dollars tied up in top Canadian energy companies — including TransCanada, the company pushing for the Keystone XL tar sands pipeline. Because the pipeline crosses international borders, its approval falls under the jurisdiction of the State Department. That means Rice — or any other candidate tapped to head the State Department — would be responsible for approving or rejecting the project.”

Thinking the Unthinkable: What if America’s Leaders Actually Want Catastrophic Climate Change?

Dave Lindorff, Op-Ed: What if the leaders of the United States — and by leaders I mean the generals in the Pentagon, the corporate executives of the country’s largest enterprises, and the top officials in government — have secretly concluded that while world-wide climate change is indeed going to be catastrophic, the US, or more broadly speaking, North America, is fortuitously situated to come out on top in the resulting global struggle for survival?

Why Climate Deniers Have No Scientific Credibility – In One Pie Chart

Jim Powell , News Analysis: “Global warming deniers often claim that bias prevents them from publishing in peer-reviewed journals. But 24 articles in 18 different journals, collectively making several different arguments against global warming, expose that claim as false. Articles rejecting global warming can be published, but those that have been have earned little support or notice, even from other deniers.”

Warehouse Worker Lawsuit Targets Walmart

Adithya Sambamurthy and Jim Morris, News Analysis: The staffing agencies have agreed to pay a collective $450,000 in fines and back wages to settle citations issued by California labor officials, who raided the warehouse the same month the lawsuit was filed last year. Schneider, which was not cited by the state, said in a statement that it “played no role in determining the rate or method of pay” that led to the violations. By adding Walmart – the warehouse’s only customer – to the lawsuit, lawyers for the workers are seeking to prove that the company pressured Schneider to hold down costs by underpaying subcontractors.

How Congressional Republicans and Fox News Displayed their Profound Debt Ceiling Ignorance

Jeff Spross, News Analysis: “The debt limit does not control or limit the ability of the federal government to run deficits or incur obligations. Rather, it is a limit on the ability to pay obligations already incurred.” The President does not have discretionary control over how much the country borrows. Obama’s new proposal gives him no such control. It would merely make hikes in the ceiling automatic, in accordance with the debt necessitated by budgets Congress has already passed.

Avoiding a New American Recession

Martin Feldstein, Op-Ed: “America’s national debt has more than doubled in the past five years, and is set to rise to more than 100% of GDP over the next decade unless changes in spending and taxes are implemented. A well-designed combination of caps to limit tax expenditures and a gradual slowing of growth in outlays for entitlement programs could reverse the rise in the debt and strengthen the US economy.”

Why Austerity Economics Hurts Low-Wage Workers the Most

Robert Reich, Op-Ed: Walmart – the trendsetter for big-box retailers – is also doing well. And it pays its executives handsomely. The total compensation for Walmart’s CEO, Michael Duke, was $18.7 million last year – putting him number 82 on Forbes’ list. The wealth of the Walton family – which still owns the lion’s share of Walmart stock — now exceeds the wealth of the bottom 40 percent of American families combined, according to an analysis by the Economic Policy Institute.

2012-11-25: What I’ve Been Reading

Why Is the Obama FCC Plotting a Massive Giveaway to Rupert Murdoch?
Craig Aaron, Op-Ed: “We can still stop this terrible plan from moving forward. The other members of the FCC can dissent and send this thing back to the drawing board. The dozens of senators who voted against this very policy less than five years ago can speak up again. The Obama administration can think about cross-examining Rupert Murdoch instead of appeasing him. None of that will happen unless millions of people make some noise.”
Hostess: Challenges Facing Unions When PE Doesn’t Deliver
Eileen Appelbaum, News Analysis: Looking at the Hostess situation a union could conclude that negotiations over further concessions by workers to keep the company functioning were fruitless. The union could continue to bargain to try to limit concessions and stand up against the greed and mismanagement of the company’s owners and managers. It could refuse to make further concessions to a company It thinks is asking too much. If its demands on behalf of its members were rejected, it might consider striking.
Poor management, not union intransigence, killed Hostess
LA Times | Michael Hiltzik: Let’s get a few things clear. Hostess didn’t fail for any of the reasons you’ve been fed. It didn’t fail because Americans demanded more healthful food than its Twinkies and Ho-Hos snack cakes. It didn’t fail because its unions wanted it to die.  It failed because the people that ran it had no idea what they were doing. Every other excuse is just an attempt by the guilty to blame someone else.
Boeing Won’t Offer Pension Benefits to Same-Sex Couples Igor Volsky, News Report: Since Slog published its report, Boeing issued a statement promising to reassess the impact of Washington State’s marriage equality referendum on company policy. “Boeing is taking a closer look at how R-74 might impact company policies once it takes effect in December,” the statement said. “Nothing is ever final in negotiations until they’re over,” a company spokesperson told the Slog. “What we said today is that [these pension benefits] are not currently addressed in the contract.”
Fracking the Great Lakes
Lois Gibbs, News Analysis: “My sister and brother-in-law were active in advocating the cleanup of the lakes in the 1970’s. Our family vacationed on the lakes. It was exciting back then to hear that a serious effort from both sides of the boarder would advance to make the lakes swimmable, the fish safe enough to eat and so many other promises. Now more than 35 years later reports are praising the cleanup of historical chemical deposits while at the same time new chemicals are allowed to enter the lakes without protest.”
Many Pro-GMO Corporate Biologists Own GMO Patents, in Bed with Monsanto
Anthony Gucciardi, News Report: “Very few scientists around the globe actually dare speak about these dangers due to the overwhelming political influence Monsanto and other biotech companies have over nations around the globe. We know thanks to 2007 WikiLeaks cables that not only are most if not all U.S. ambassadors on Monsanto payroll, but that prominent U.S. political figures have threatened nations who oppose Monsanto with ‘military-style trade wars’. A threat that has managed to strike fear into many nations who would not risk massive retaliation from the United States.”
Solidarity for Tar Sands Blockade and Climate Justice Spreads Worldwide
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The Age of Financial Repression
Edin Mujagic and Sylvester Eijffinger, Op-Ed: Meanwhile, Western central banks are using another kind of financial repression by maintaining negative real interest rates (yielding less than the rate of inflation), which enables them to service their debt for free. The European Central Bank’s policy rate stands at 0.75%, while the eurozone’s annual inflation rate is 2.5%. Likewise, the Bank of England keeps its policy rate at only 0.5%, despite an inflation rate that hovers above 2%. And, in the United States, where inflation exceeds 2%, the Federal Reserve’s benchmark federal funds rate remains at an historic low of 0-0.25%.
Americans Want Leadership Now on Real Cliffs: Jobs and Human Survival
Truthout | Paul Street Op-Ed: "What Americans really want is the truth. They want leadership that says here’s what we need to do no matter how difficult it is, personal accountability on the part of Washington to get something done and then a level of transparency about what’s being done so that people can see progress along the way. That’s the way we do it in business. That’s the way we need to do it in Washington."
How Renewable Energy Is Rescuing Schools from Budget Cuts
Richardsville classroom-SCB-555.jpgYes! Magazine | Erin L McCoy, Report:  When Richardsville opened its doors in fall 2010, it was the first “net zero” school in the nation, meaning that the school produces more energy on-site than it uses in a year. Actual innovations incorporated into it’s design make Richardsville better than net zero. It actually earns about $2,000 a month selling excess energy to the Tennessee Valley Authority.
Why We Need Redistricting Reform
Brennan Center for Justice | Keesha Gaskins & Sundeep Iyer:  On November 7, Americans woke up again to a Republican-controlled House of Representatives. And whether they like it or not, Americans should get used to this leadership. Republican control of the lower chamber could extend well past the 113th Congress, thanks in part to the once-a-decade process of redistricting.  You see, when Republicans won big in the 2010 elections across the country — they had the power to redraw district lines to assure Republican victory after victory for the decade to come.
 
 

Briefs Filed to Stop Monsanto’s Patent Infringement War against Family Farmers

Reposted with permission from EcoWatch.org.

Organic Seed Growers and Trade Association

Eleven prominent law professors and 14 renowned organic, Biodynamic, food safety and consumer nonprofit organizations have filed separate briefs with the Court of Appeals for the Federal Circuit arguing farmers have the right to protect themselves from being accused of patent infringement by agricultural giant Monsanto.

The brief by the law professors and the brief by the nonprofit organizations were filed in support of the 75 family farmers, seed businesses and agricultural organizations representing more than 300,000 individuals and 4,500 farms that last year brought a protective legal action seeking a ruling that Monsanto could never sue them for patent infringement if they became contaminated by Monsanto’s genetically modified seed. The case was dismissed by the district court in February and that dismissal is now pending review by the Court of Appeals. The plaintiffs recently filed their opening appeal brief with the appeals court.

“Monsanto continues to claim that plaintiffs’ concerns about being accused of patent infringement after being contaminated by Monsanto’s transgenic seed are unsubstantiated and unjustified,” said Attorney Dan Ravicher of the not-for-profit legal services organization Public Patent Foundation (PUBPAT), which represents the plaintiffs in the suit against Monsanto known as Organic Seed Growers and Trade Association (OSGATA) et al. v Monsanto. “But now two impeccable groups have joined with plaintiffs in explaining to the Court of Appeals how real and legitimate their concerns really are, especially since Monsanto continues to refuse to simply promise never to sue contaminated farmers for patent infringement.”

The first group filing a brief in support of the OSGATA plaintiffs includes eleven prominent law professors from throughout the U.S., including Professor Margo Bagley of the University of Virginia School of Law, Professor Michael Burstein of the Benjamin N. Cardozo School of Law, Professor Rochelle C. Dreyfuss of the New York University School of Law, Professor Brett Frischmann of the Benjamin N. Cardozo School of Law, Professor Erika George of University of Utah S.J. Quinney College of Law, Professor Shubha Ghosh of the University of Wisconsin Law School, Professor Megan M. La Belle of the Catholic University of America Columbus School of Law, Professor Kali Murray of Marquette University Law School, Professor Ted Sichelman of the University of San Diego School of Law, Katherine J. Strandburg of the New York University School of Law andMelissa Wasserman of the University of Illinois College of Law.

In their amicus brief, the law professors point out that “broad standing to challenge the validity of patents ensures that the courts can effectively play their critical role in screening out invalid patents.” They add, “In actions challenging the validity of a patent, the alleged injury is not only the risk of an infringement suit, but a present restraint on economic activity due to the presence of a potentially invalid exclusive right.”

The law professors went on to note, “But the validity of issued patents is uncertain until they are tested in court. This uncertainty creates real and present risks for persons wishing to engage in economic activity that might be the subject of an issued patent … When a person is deterred from undertaking valuable activity by the risk that the activity may encroach on another’s exclusive rights, that person has incurred an actual, concrete and particularized injury.”

“We are grateful for the brilliant and powerful amici briefs submitted to the appeals court by these two stellar groups, supporting our family farmers’ quest for justice,” said Maine organic seed farmer Jim Gerritsen, president and lead plaintiff, Organic Seed Growers and Trade Association. “An erroneous interpretation of law by a single judge is not going to cause our farmers to abandon our rights to farm the way we choose, to grow good food and good seed for our families and for our customers, free from Monsanto’s trespass and contamination. Denial of the property rights of American farmers is an attack on the property rights of every American. We will fight until family farmers receive justice.”

The second group filing a brief in support of the OSGATA plaintiffs, made up of fourteen nonprofit agricultural and consumer organizations, includes the Farm and Ranch Freedom AllianceBiodynamic Farming and Gardening AssociationCarolina Farm Stewardship AssociationFood and Water WatchInternational Organic Inspectors AssociationMaine Alternative Agriculture AssociationMichigan Land TrusteesNatural Environmental Ecological ManagementNebraska Sustainable Agriculture SocietyOrganic Consumers AssociationSlow Food USAVirginia Association for Biological FarmingVirginia Independent Consumers and Farmers Association and Wisconsin Natural Food Associates.

In their amicus brief, the nonprofit agricultural and consumer organizations point out, “The plaintiff and amici organizations, farmers and seed businesses have suffered significant harm due to the threat of patent infringement suits by Monsanto.” They also noted, “Defendants have chosen to patent products that, by their very nature, will inevitably end up on the private property of people who have no desire to use them. Plaintiffs’ uncontroverted allegations show that, for the first time in history, they can be sued for something as natural as pollen drift, while simultaneously being forced to take expensive and burdensome steps in order to continue their normal businesses. The quandary of this type of liability is precisely the sort of situation that the Declaratory Judgment Act was intended to address.”

The amicus brief further explained, “The Supreme court has stated that the plaintiff ‘need not ‘bet the farm,’ yet in this case, that is precisely what the district court effectively required plaintiffs to do in order to get their day in court—continue farming the disputed crops until they are unquestionably liable to defendants for potentially crippling levels of damage before being able to seek a declaratory judgment as to their rights … The district court noted that ‘unlicensed—and unintended—use of transgenic seeds is inevitable…’ but then failed to address the fact that such unlicensed use is actionable and places plaintiffs at risk of enforcement actions by defendants.”

“It’s time to end Monsanto’s scorched-earth campaign of frivolous lawsuits against America’s family farmers,” said Dave Murphy, founder and executive director of Food Democracy Now!, a grassroots community of more than 300,000 farmers and citizens dedicated to reforming food and agriculture. “Monsanto’s claims against farmers for patent infringement are exceedingly weak, violating Americans’ most basic sense of fairness and decency. Our founding fathers would be outraged,” said Murphy.

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