Bill introduced in Carson City would ban fracking in Nevada

Luddite.

A Las Vegas assemblyman has introduced a bill to ban fracking in Nevada.

According to media accounts Democratic Assemblyman Justin Watkins has stated fracking causes earthquakes, contaminates water, pollutes the air and basically creates an eyesore.

His Assembly Bill 159 would amend state law by adding: “A person shall not engage in hydraulic fracturing in this State. As used in this section, ‘hydraulic fracturing’ means the process of pumping fluid into or under the surface of the ground to create fractures in the rock to facilitate the production or recovery of oil or gas.”

Fracked oil well in Elko County.

Fracked oil well in Elko County.

First, any earthquakes associated with fracking were not caused by fracking but by pumping fracking waste into injection wells, because the enviros objected to leaving what is mostly water and sand on the surface.

As for contaminating groundwater even the EPA had to stretch to conclude there is a “chance” of pollution. In its report on the topic the EPA scientists said fracking “can impact drinking water resources under some circumstances,” but “the scientific evidence is insufficient to support estimates of the frequency of contamination.” They said the instances of contamination were small in comparison to the vast number of fracked wells across the nation.

First fracking patent in 1866.

First fracking patent in 1866.

Oil and gas wells, with or without fracking, produce oil and gas, the burning of which releases some carbon, OK.

As for being an eyesore, modern fracking techniques eliminate the need to drilling hundreds of wells in close proximity to hit pockets of oil, as can be seen in Bakersfield, Calif. Instead these pockets are tapped by drilling one well and then drilling out horizontally.

Watkins seems to be under the misconception that fracking is some sort of recent untested technique.

The first fracking patent was issued in 1866. It used nitroglycerin explosions to fracture formations. The first commercial application of hydraulic fracking took place in 1949. In many oil and gas fields a majority of wells are fracked at one time or another, either initially or later to prolong the productive life of the well.

In the 1980s oilman George Mitchell combined the techniques of fracking and horizontal drilling to develop the Barnett Shale formation in North Texas, according to a history of his company’s development. It has resulted in a boom in natural gas production and a decline in oil prices, creating countless jobs and growing the economy. It also has cut the nation’s carbon output since gas burns cleaner than coal.

In 2014 the Nevada Division of Minerals Administrator Rich Perry released Nevada’s 20-page revised rules on fracking that require groundwater testing before and after drilling, pressure testing of equipment, notifications to landowners before fracking begins and abiding by strict engineering standards. More than adequate precautions.

Though there have been a few fracked wells in the Elko vicinity in recent years, there reportedly are none at this time.

But there is potential with the Chainman Shale formation, which lies largely in an 80- to 100-mile radius around Duckwater — including almost all of White Pine County, major portions of Nye, Lincoln, Elko, Eureka and Lander counties, as well as parts of a couple of counties in Utah.

The formation is believed to be rich in oil, though most lies 2 to 5 miles underground, making drilling expensive when oil prices are fairly low.

A fracking ban just might kill a number of potential jobs and deprive the state economy and the state tax coffers of revenue. All for no reason.

 

Fracking and horizontal drilling eliminate the need for many pumpjacks in one area, like there in Bakersfield, Calif. (AP pix)

Fracking and horizontal drilling eliminate the need for many pumpjacks in one area, like there in Bakersfield, Calif. (AP pix)

 

 

Bill creates bureaucratic nightmare for employers seeking government contracts

If you ever want to land a government contract in Nevada — paving roads, scrubbing floors, selling typing paper — under a proposed law you would be guilty until you prove yourself innocent.

Assembly Bill 106, being sponsored by Democratic Assemblywoman Ellen Spiegel of Henderson, would prohibit government agencies in the state from contracting with any firm until it has received a “certificate of pay equity compliance” issued by the state Labor Commissioner declaring the company provides equal pay for equal work performed by men and women employees.

Never mind the fact the federal Equal Pay Act of 1963 already proscribes pay discrimination based on gender.

The bill would create a mountain of paperwork because it requires submitting to the Labor Commissioner an annual workforce analysis that includes: the total number of persons employed in each job category by gender, the total number of hours worked for each employee and the total compensation for each.

The bill does allow differences in pay for men and women if:

An employer is not disqualified from receiving a certificate of pay equity compliance pursuant to this section to the extent of any difference in wages between male and female employees that is the result of:

(a) A seniority system;
(b) A merit system;
(c) A compensation system under which wages are determined by the quality or quantity of production; or
(d) A wage differential that is based on factors other than sex.

Of course, all these exemptions are entirely subjective and subject to the whim of the bureaucrat looking at the data. One person’s meritorious job performance is another’s discrimination.

Also, the bill states, “The denial or cancellation (of a certificate of compliance) is not subject to judicial review.”

Satisfy the inspector or no government contract.

Further, the bill adds to the list of those who must obtain a certificate of compliance all governmental agencies and political subdivisions of government, thus driving up the cost to all taxpayers to comply.

Of course, the way to comply is to employ a workforce that consists of only men or women — instant compliance. Or is that discriminatory?

Assemblywoman Ellen Spiegel

Assemblywoman Ellen Spiegel

 

How not to pick and choose who to erase from history

If you thought Nevada lawmakers meeting now in Carson City were engaging in petty political correctness by seeking to change the purely ceremonial and entirely vacuous non-holiday of Columbus Day to Indigenous Peoples Day, wait till you read what pompous administrators at Yale University are doing.

Roger Kimball, in a brilliantly executed op-ed in today’s Wall Street Journal, takes apart the decision at Yale to rename one of its 12 residential colleges to remove the name of 19th century politician, orator, senator, secretary of war, vice president and slave owner John C. Calhoun.

Stained-glass image of John C. Calhoun at Yale

Stained-glass image of John C. Calhoun at Yale

As Kimball points out, once you start down this path of erasing people from history for the crime of doing what was completely normal at their time in history, where do you stop? After all, five other colleges at Yale are named for slave owners. Calhoun’s name is simply the most prominent. He graduated as valedictorian from Yale College in 1804.

Among the criteria for renaming something at Yale is: Does the person’s legacy conflict with the university’s mission and did the person pay a substantial role at Yale?

Kimball then introduces us to the foibles of the university’s namesake: Elihu Yale.

Mr. Yale helped found Yale College with a gift of £800 in books and other goods.

While Calhoun was said to have been kind to his slaves, according to Kimball, Yale was an active slave trader and administrator in India, who flogged his slaves, had a stable boy hanged for horse theft, was removed from his post in India for corruption and never set foot in New Haven.

There are a lot names on a lot of things. Indian fighters Kit Carson and John C. Fremont come quickly to mind.

And don’t let them tell you Carson City is really named after the Carson River, which was named by Fremont for his scout Carson.

Kit Carson with John C. Fremont (Library of Congress)

Kit Carson with John C. Fremont (Library of Congress)

 

 

 

 

 

Senate bill would emasculate political parties in Nevada

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A bill has been introduced in Carson City that would jettison the current Democrat and Republican primaries in favor of an open primary system, in which anyone could sign up as a candidate and anyone could vote for anyone of any party or no party. The top two vote getters would advance to the General Election, even if both are affiliated with the same party or no party.

The bill would make the two major political parties irrelevant in actually selecting their own candidates and reduce them to the role of merely endorsing candidates.

Senate Bill 103 was introduced by Republican state Sen. James Settelmeyer of Minden.

Settelmeyer told the media that some of his constituents were upset that they could not vote in the primary because they were nonpartisan.

As of December, 39 percent of active Nevada voters were Democrats, 33 percent Republicans and 28 percent nonpartisan or members of some other minor party.

The whole concept of partisan party politics is to facilitate persons of like-minded political persuasions to organize and select candidates that promise to advance a given philosophy of governance — though in recent years the efficacy of this proposition has been suspect in Nevada with self-styled conservatives voting for history making tax hikes.

Now, I’ve never been in favor of forcing all taxpayers, including nonpartisans and members of other parties, to pay for the primaries the state puts on for the Democrat and Republican parties. Let those parties pay for their primaries or caucuses or smoke-filled backrooms.

But the open primary system makes it more difficult to weigh the various candidates based on past allegiances and opens the opportunity for Fifth Column candidates to claim to be what they are not. Faux Democrats or Republicans could flood the ballot and split the vote for a party’s real selection.

In Louisiana in the 1970s Democratic Gov. Edwin Edwards hatched a foolproof plan to end the Republican Party in that state. He pushed through an open primary under the assumption Republicans would not make it to the General Election, due to heavy Democratic majorities in the urban areas of the state, meaning two Democrats would face off in November.

But the best laid plans oft gang awry. In the next election there were seven Democrats on the gubernatorial ballot, one nonpartisan and one Republican. When the smoke cleared, Republican Dave Treen was elected governor, leading the way for the state to transition to Republican domination.

At least the open primary is better than letting anyone and everyone decide on Election Day in which primary they will vote.

Think of it this way. Political parties are like brands. Without brands who knows what adulterated product you are getting.

Politics is messy. Open primaries just make it messier.

At the turn of the previous century Baltimore’s notoriously curmudgeonly newspaper columnist, H.L. Mencken, pined for more realism in politics:

“I can imagine a political campaign purged of all the current false assumptions and false pretenses — a campaign in which, on election day, the voters went to the polls clearly informed that the choice between them was not between an angel and a devil, a good man and a bad man, but between two frank go-getters, the one perhaps excelling at beautiful and nonsensical words and the other at silent and prehensile deeds — the one a chautauqua orator and the other the porch-climber. There would be, in that choice, something free, candid and exhilarating. The Buncome would be adjourned. The voter would make his selection in the full knowledge of all the facts, as he makes his selection between two heads of cabbage, or two evening papers, or two brands of chewing tobacco. Today he chooses his rulers as he buys bootleg whiskey, never knowing precisely what he is getting, only certain that it is not what it pretends to be. The Scotch may turn out to be wood alcohol or it may turn out to be gasoline; in either case it is not Scotch. How much better if it were plainly labeled, for wood alcohol and gasoline both have their uses — higher uses, indeed that Scotch. The danger is that the swindled and poisoned consumer, despairing of ever avoiding them when he doesn’t want them, and actually enforce his own prohibition. The danger is that the hopeless voters, forever victimized by his false assumption about politicians, may in the end gather such ferocious indignation that he will abolish them teetotally and at one insane sweep, and so cause government by the people, for the people and with the people to perish from this earth.”

In 2014, only 59 percent of those eligible to vote in Nevada even bothered to register. Of those who registered, only 46 percent went to the polls in November, meaning 73 percent of those eligible to vote did not choose any brand of bootleg whiskey.

 

Editorial: Lawmakers should repeal football stadium funding

Lawmakers were summoned this past fall to Carson City and asked to pitch in $750 million toward financing a $1.9 billion domed football stadium that would house the Oakland Raiders and the UNLV football program.

The Raiders and the NFL would add $500 million to the pot and Las Vegas casino and newspaper owner Sheldon Adelson’s family would tip in another $650 million.

Since then Adelson has walked away from the deal, taking his money. He was miffed at the fact the Raiders’ owner never told him before hand about a proposed lease agreement with the stadium authority that legislators created to handle the “publicly owned” stadium.

The lease proposal envisions the Raiders paying $1 a year in rent, and the team owners pocketing all revenue from tickets, events, naming rights, etc., as well as having total control over the use of the stadium by UNLV and the Las Vegas Bowl.

“In addition to being discouraged by the surprise submission, I was deeply disappointed for the disregard the Raiders showed our community partners, particularly UNLV, through the proposed agreement,” Adelson said in a statement given to his Las Vegas newspaper. “It was certainly shocking to the Adelson family,” the statement also said. “We were not only excluded from the proposed agreement; we weren’t even aware of its existence. … It’s clear the Raiders have decided their path for moving to Las Vegas does not include the Adelson family. So, regrettably, we will no longer be involved in any facet of the stadium discussion.”

It is high time lawmakers, now meeting in regular session, reconsider the state’s commitment of room tax money to this harebrained, half-baked scheme to enrich billionaires.

Instead of sticking tourists with a 0.88 percent hike in the room tax, lawmakers should let them keep that money to spend on food, drink and gambling, which net nearly 10 times as much in tax revenue.

Sam Boyd, where there are more people on the field than in the stands.

Sam Boyd, where there are more people on the field than in the stands.

Now, we are reticent to suggest that the proponents of this stadium deal are so Machiavellian as to have plotted this from the start, but …

Lawmakers should note that there is no stadium price tag in the bill they passed, and the stadium backers flatly refused to consider capping public funding at 39 percent of the cost of construction. It was $750 million or no deal. The cost of the stadium when first proposed was a mere $1 billion. It ratcheted up from there. What is to stop the Raiders from building a $1 billion stadium, tapping the taxpayers for three-quarters of the tab and getting the state to make the estimated $900 million in road improvements needed to access the stadium?

Besides, does UNLV really need a new football stadium, when it can’t fill the one it has? One that has adequate traffic access off a major freeway and abundant parking. Why is there a need for a stadium on or near the campus, when 93 percent of students live off campus? And never mind the problems it might create for air traffic into McCarran International Airport.

A stadium is a liability, not an asset. It is an insatiable maw that swallows tax money in perpetuity.

The Kingdome in Seattle was repaired in 1994, costing more than $50 million in 20-year bonds, which were paid off in 2015. The stadium was imploded in 2000.

Renovate Sam Boyd Stadium if that is needed and forget this domed stadium boondoggle. If Adelson can take a hike, so can the state.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Newspaper column: New senator wants to shred First Amendment

Nevada’s newly elected U.S. senator, Catherine Cortez Masto, has already taken up the cudgel against the First Amendment previously wielded by her predecessor, Harry Reid.

She put out a press release recently announcing that she has joined with other congressional Democrats to reintroduce a constitutional amendment that would overturn Supreme Court rulings that have held that it is a violation of the First Amendment to restrict the amount of money corporations, nonprofits, unions and other groups may spend on political campaigns and when they may spend it.

In its current incarnation it is being called the Democracy for All Amendment. In previous years it bore the unwieldy acronym DISCLOSE Act — Democracy Is Strengthened by Casting Light on Spending in Elections. Reid frequently took to the floor of the Senate to pound the table for the amendment and disparage the Koch brothers’ political spending as the embodiment of evil.

“The U.S. Constitution puts democratic power in the hands of the American people — not corporations or private companies,” the press release quotes Cortez Masto as saying“Since the Citizens United decision, big corporations have gained unprecedented influence over elections and our country’s political process. I am proud to be a cosponsor of this legislation; it’s critical that we end unlimited corporate contributions if we are going to have a democratic process and government that will truly work for all Americans.”

In the 2010 Citizens United decision, a 5-4 Supreme Court struck down the part of the McCain-Feingold campaign finance law that prohibited organizations such as Citizens United, a political action committee, from expending funds for electioneering immediately prior to an election. In this case the Federal Election Commission blocked the 2008 broadcast of “Hillary: The Movie,” which was critical of Hillary Clinton’s presidential bid.

During the arguments in the case, the Justice Department attorney defending the law admitted the law also would censor books critical of candidates, though newspapers and other media, most owned by large corporations, were exempted from the law and may criticize, editorialize and endorse or oppose candidates freely. Some corporations are more equal than others.

Cortez Masto’s statement concluded, “The Democracy for All Amendment returns the right to regulate elections to the people by clarifying that Congress and the states can set reasonable regulations on campaign finance and distinguish between individuals and corporations in the law.”

The problem is that free speech is not free if the incumbent government satrapy can curtail its dissemination.

Justice Anthony Kennedy explained this in his majority opinion in Citizens United v. FEC: “As a ‘restriction on the amount of money a person or group can spend on political communication during a campaign,’ that statute ‘necessarily reduces the quantity of expression by restricting the number of issues discussed, the depth of their exploration, and the size of the audience reached.’ … Were the Court to uphold these restrictions, the Government could repress speech by silencing certain voices at any of the various points in the speech process. (Government could repress speech by ‘attacking all levels of the production and dissemination of ideas,’ for ‘effective public communication requires the speaker to make use of the services of others’).”

The fact the expenditure is coming from a group instead of an individual does not negate the First Amendment guarantee of the “freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely,” because it “also guarantees the right of citizens to assemble peaceably and to petition their government.”

An assembly is not just a crowd of people on the street, it is also an organization.

Reid in one of his many diatribes on the subject said: “But the flood of special interest money into our American democracy is one of the greatest threats our system of government has ever faced. Let’s keep our elections from becoming speculative ventures for the wealthy and put a stop to the hostile takeover of our democratic system by a couple of billionaire oil barons. It is time that we revive our constituents’ faith in the electoral system, and let them know that their voices are being heard.”

This implies the voters are too stupid to hear an open and free-wheeling debate and not be influenced by the volume or frequency of the message.

Lest we forget, in the 2016 presidential election, Donald Trump was outspent by Hillary Clinton by two-to-one — $600 million to $1.2 billion.

Censorship is unAmerican and unnecessary. Cortez Masto should abandon this assault on free speech.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Democrats in Carson City press to change Columbus Day to Indigenous Peoples Day

Richard

Richard “Tick” Segerblom in Carson City (SAR-J pix)

What an incredible, pointless waste of time and money!

Democratic state Sen. Richard “Tick” Segerblom, who never misses a chance to stroke the far left wing of his party, has introduced a bill — we are not making this up — to change Columbus Day to Indigenous Peoples Day. It is Senate Bill 105.

Columbus Day is not a holiday, but there is a law on the books that states: “The Governor of this State is authorized and requested to issue annually a proclamation designating the second Monday in October as ‘Columbus Day’ in commemoration of the arrival of Cristoforo Columbo in the New World.”

Segerblom would replace this with: “The Governor is authorized and requested to annually proclaim the second Monday in October as ‘Indigenous Peoples Day’ to celebrate the thriving culture and significant value that Indigenous people add to the State of Nevada and the United States of America.”

If you want to repeal the pointless paper shuffling to “commemorate” a day in history, fine. Repeal it. It is still history. But replacing it with pointless paper shuffling is typical Democratic sucking up to its paramount platform of identity politics.

The Las Vegas newspaper account tells us: “Segerblom said the bill recognizes the millions of Native Americans who died in conflicts when European settlers moved into the country and claimed land as their own, and shows an appreciation for their contributions to society.”

The unbiased and balanced account goes on to inform its readers that Columbus is “credited with ‘discovering’ the Americas. But historians have debunked that as myth, saying he sailed around the Caribbean but never came to North America,” paying no heed to fact the Caribbean islands are part of North America and the fact he did land in South America, both part of the so-called New World.

We are also informed that critics argue Columbus “engaged in brutal acts against native peoples,” without any reference to wars between tribes or attacks on those evil invading Europeans. Don’t they teach about the French and Indian War any more? Try reading a bit of history, including the accounts from late in the 19th century when the Plains Indians were actually successfully and brutally pushing back against encroachment.

These are the same Democrats who want to remove the statue of mid-20th century Democratic Sen. Pat McCarran from the U.S. Capitol because he was a racist during an era when the Democratic Party pushed segregationist laws and policies.

Erase history and change the present and the future? Rather Orwellian if you ask me?

Perhaps our idle lawmakers could change the name of Genoa, since it is named after Columbus’ home town in Italy.

The vote in the Senate Committee on Government Affairs to approve SB105 was 4-1.

sb105

 

Apparently having the second Tuesday of February during each regular session of the Legislature designated as Nevada Tribes Legislative Day and recognizing the fourth Friday of September as Native American Day isn’t nearly enough.

 

Be sure to commemorate Nevada’s special Tartan Day, Juneteenth and Cesar Chavez Day. Still waiting on lawmakers to create Overweight Aging Curmudgeons Day.