
Swickard: New Mexico Downwinder justice denied
Posted by
Michael Swickard
on Wednesday, July 15, 2015
© 2015 Michael Swickard, Ph.D.
"Justice
delayed is justice denied." William Gladstone
That twenty kiloton nuclear
explosion was in a remote area of New Mexico seventy years ago this July 16th. The
scientists wanted to be sure the device would explode correctly when dropped
over a Japanese city.
The implosion-design plutonium
device at Trinity Site was similar to the bomb detonated over Nagasaki, Japan
August 9, 1945. In the seventy years since that nuclear test our world has
changed dramatically and yet some of that 1945 world perhaps stays with us
Downwinders.
We suspect we are survivors of invisible
pollutants from that nuclear explosion leading to our health problems. For me
it was an aggressive form of thyroid cancer. Around Chernobyl it is called Radiation
Induced Thyroid Cancer.
The 1986 Chernobyl nuclear power
plant accident injured many people downwind of the area, however, there are
robust efforts underway to identify and help those injured by the radiation. In
our country our government has no interest in the radiation injury to New
Mexico Downwinders. Does anyone doubt that the atomic explosion polluted New
Mexico?
Years ago one politician stated,
"We beat the Japanese, what do you want?" He seemed mad that I was
bringing up stuff from years ago. Politicians and journalists alike are not
interested. I have written these issues in columns several times to the yawns
of our leaders.
Worse, we Downwinders are dying out.
Our movement is like the Grand Army of the Republic (GAR) founded in 1868 with
their membership limited to Union military in the Civil War. Five US Presidents
were GAR members. Then Albert Woolson, age 109, died in 1956 and then there
were no longer any GAR members.
The same will happen to the New
Mexico Downwinders. One of us will be the last one alive and then the movement
will end. Will we Downwinders find justice in our lifetime?
The problem is we do not know for
sure. Suspicion is not proof, but we have a right to be suspicious. Our
government has not done what was done in Europe after Chernobyl where they studied
carefully the people who thought they might have been sickened by the release
of radiation.
I appreciate that U. S. Senator Tom
Udall held a meeting a couple weeks ago in Tularosa and New Mexico
Representative Steve Pearce and I have spoken several times. But another day goes
by, another week, another month, another year, and some more of us Downwinders
have died.
Why do I think it was the radiation
release from the Trinity explosion that caused my cancer? Research is
compelling around Chernobyl that a very aggressive form of thyroid cancer is
tied to the radiation. I had that very aggressive form and was lucky that I
noticed the tumor early and it was removed within ten days of diagnosis or
perhaps I would not be here today.
Again, suspicion is not proof but my
government has not done anything to help Downwinders find out if our health
maladies are tied to Trinity Site. These maladies are not cheap. We are out
lots of money and there are quality of life issues.
Our government is quick to throw
money at other countries and other maladies in our country, why not this? Or
even come up with the cost of looking at this issue. Because there is no
political advantage and our people in government must always gain a political
advantage.
This issue will go away if
politicians and government leaders can ignore us long enough. There is only one
group who can bring justice to us if they will work at getting to the truth of
the radiation.
Journalists can continue to ignore
us or they can put it on the front page until our government comes to its
senses and acts responsibly. That is the role of the media in a perfect world.
Justice delayed is justice denied.

Environmentalists and energy advocates agree: Ethanol reform now
Posted by
Michael Swickard
on Monday, December 29, 2014
Commentary by Marita Noon - We all expect to pay a price for missing deadlines—fail to pay a ticket on time, and you may find a warrant out for your arrest. But the Environmental Protection Agency (EPA) can apparently miss deadlines with impunity.
For the past two years, the EPA has failed to meet the statutory deadline under the Renewable Fuel Standard (RFS), requiring the agency to tell refiners how much ethanol to blend into the nation’s motor fuels.
In November 2013, the EPA attempted to announce the proposed 2014 blend levels, which by then came months past the legally mandated deadline. The EPA surprised and pleased RFS opponents when it utilized its authority by taking market conditions into consideration to adjust levels. The agency set the proposed 2014 standard to a level lower than 2013’s, even though the law requires increasing amounts. Ethanol producers, expecting the usual uptick, loudly opposed the reduction. They made so much noise, the EPA agreed to reconsider. To date, the 2014 standards have not yet been announced.
Then, on November 21, the EPA announced it would make a decision next year on how much ethanol refiners had to add to gasoline this year. Yet, if refiners don’t meet the unknown requirement, they get fined. That’s akin to handing out the class syllabus after the students have failed the final exam.
With the goal of reducing foreign oil imports, Congress enacted the RFS in 2005 and revised it in 2007—which also provided incentives to America’s fledgling ethanol industry. At the time, gasoline demand was rising to an all-time high and oil imports comprised more than 58 percent of U.S. oil consumption. No doubt Congress believed it was saving American consumers from their addiction to oil.
Then the world changed. The U.S. economy plunged into a terrible recession, unemployment soared, and gasoline demand fell sharply. Meanwhile, advanced drilling technologies, including the long-used hydraulic fracturing and newer horizontal drilling, began producing oil and natural gas from U.S. shale formations—previously uneconomic to develop—leading to America’s 21st-century energy boom.
Today the U.S. stands as the world’s largest natural-gas producer, projected to pass Saudi Arabia as the number-one oil producer. With crude-oil supplies flooding the market, prices have been cut in half. Although fears over foreign-oil dependence have abated, the U.S. remains stuck with an outdated, unworkable, and even harmful—to vehicles, engines, and the environment—ethanol mandate. Read full Marita Noon column on Breitbart.com

For the past two years, the EPA has failed to meet the statutory deadline under the Renewable Fuel Standard (RFS), requiring the agency to tell refiners how much ethanol to blend into the nation’s motor fuels.
In November 2013, the EPA attempted to announce the proposed 2014 blend levels, which by then came months past the legally mandated deadline. The EPA surprised and pleased RFS opponents when it utilized its authority by taking market conditions into consideration to adjust levels. The agency set the proposed 2014 standard to a level lower than 2013’s, even though the law requires increasing amounts. Ethanol producers, expecting the usual uptick, loudly opposed the reduction. They made so much noise, the EPA agreed to reconsider. To date, the 2014 standards have not yet been announced.
Then, on November 21, the EPA announced it would make a decision next year on how much ethanol refiners had to add to gasoline this year. Yet, if refiners don’t meet the unknown requirement, they get fined. That’s akin to handing out the class syllabus after the students have failed the final exam.
With the goal of reducing foreign oil imports, Congress enacted the RFS in 2005 and revised it in 2007—which also provided incentives to America’s fledgling ethanol industry. At the time, gasoline demand was rising to an all-time high and oil imports comprised more than 58 percent of U.S. oil consumption. No doubt Congress believed it was saving American consumers from their addiction to oil.
Then the world changed. The U.S. economy plunged into a terrible recession, unemployment soared, and gasoline demand fell sharply. Meanwhile, advanced drilling technologies, including the long-used hydraulic fracturing and newer horizontal drilling, began producing oil and natural gas from U.S. shale formations—previously uneconomic to develop—leading to America’s 21st-century energy boom.
Today the U.S. stands as the world’s largest natural-gas producer, projected to pass Saudi Arabia as the number-one oil producer. With crude-oil supplies flooding the market, prices have been cut in half. Although fears over foreign-oil dependence have abated, the U.S. remains stuck with an outdated, unworkable, and even harmful—to vehicles, engines, and the environment—ethanol mandate. Read full Marita Noon column on Breitbart.com

Environmentalists and energy advocates agree: Ethanol reform now
Swickard: Being superstitious about rain in New Mexico
Posted by
Michael Swickard
on Sunday, December 28, 2014
© 2014 Michael Swickard, Ph.D. Christmas time is magical with the Christmas superstitious advice, "You better watch out, you better not cry, better not pout, I'm telling you why..." It is a belief in goodness and the hope Santa can see goodness in each of us. The main point of the season in my family is the birth of Jesus. But we also enjoy Santa.
As a child I understood the birth of Jesus, but to me the Santa story had to be taken entirely on faith. As a child I started my lifelong superstition that I somehow had control over things that were beyond control.
This fall I have a dilemma. My windshield wipers are just barely working but I have a good reason to not change them. No, I am not cheap, this is more important. It has to do with the bountiful rain we are receiving this fall.
It seems there are two types of people: those who confess to being superstitious and those who won't admit it. I identify with a scene in the movie, Bull Durham when the character played by Kevin Costner says, "I told him that a player on a streak has to respect the streak... You know why? Because they don't happen very often."
Like everyone I have good days and challenging days. When I have two good days in a row I am on a streak and I try to remember how I got on the streak. So my windshield wipers are really worn out. I still see to drive in the rain but normally I would change them in a heartbeat. But months ago I noticed they were marginal because, surprise, it rained.

As a child I understood the birth of Jesus, but to me the Santa story had to be taken entirely on faith. As a child I started my lifelong superstition that I somehow had control over things that were beyond control.
This fall I have a dilemma. My windshield wipers are just barely working but I have a good reason to not change them. No, I am not cheap, this is more important. It has to do with the bountiful rain we are receiving this fall.
It seems there are two types of people: those who confess to being superstitious and those who won't admit it. I identify with a scene in the movie, Bull Durham when the character played by Kevin Costner says, "I told him that a player on a streak has to respect the streak... You know why? Because they don't happen very often."
Like everyone I have good days and challenging days. When I have two good days in a row I am on a streak and I try to remember how I got on the streak. So my windshield wipers are really worn out. I still see to drive in the rain but normally I would change them in a heartbeat. But months ago I noticed they were marginal because, surprise, it rained.
The superstitious part of me noticed when it rained two days in a row. I knew I should go put on a new set of wipers but gosh that rain was sure nice. So for all of these months the windshield wipers have languished. But the rain is wonderful.
I might get help from Superstitious Anonymous, but it is still raining. When the rains stops as we know it will, then I will have new wipers. I park when it rains now. No Santa, don't bring me wipers, we are on a streak. Merry Christmas. Read the full column
I might get help from Superstitious Anonymous, but it is still raining. When the rains stops as we know it will, then I will have new wipers. I park when it rains now. No Santa, don't bring me wipers, we are on a streak. Merry Christmas. Read the full column

Swickard: Being superstitious about rain in New Mexico
State senator wants to help students pay loans
Posted by
Michael Swickard
on Monday, December 22, 2014
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Senator Jacob Candalaria |
Jacob Candalaria is a state senator from Albuquerque. He said this is a difficult problem to tackle in the Land of Enchantment. “We actually see a lower percentage of students in New Mexico borrowing money than the rest of the country,” Candalaria said. “The problem is once they do borrow money, they’re more likely to be unable to pay it back.”
Candalaria is the youngest state senator in New Mexico. He’s a second-year law student at the University of New Mexico. As a student himself, Candalaria said he listens to his peers worry about student loans.
National numbers reveal New Mexico has the highest percentage of student loan default rates. The national average is 13.7 percent. New Mexico sits close to 21 percent. So the senator is proposing a state-based tax credit for students. It would offset some of the costs of paying back student loans after college.
The Department of Education released the national default rates in September. The study looks at the rates from 2010. More

State senator wants to help students pay loans
Forest Service: Decorating national forest trees could be harmful to wildlife
Posted by
Michael Swickard
on Sunday, December 21, 2014
From KOB-TV.com - It's become a holiday tradition in some New Mexico national forests, but now the U.S. Forest service say it needs to stop.
The Forest service says for years, trees in the national forest have been decorated with tinsel, garland and edible decorations, but decorations are being left as trash and could be dangerous to wildlife.
While it may look festive, the forest service says none of it is good for wildfire and the edible treats aren't part of their natural diet, which could be harmful.
There are prohibitions against littering. Individuals could face a fine of $150 or more for leaving litter on the National Forest. More

The Forest service says for years, trees in the national forest have been decorated with tinsel, garland and edible decorations, but decorations are being left as trash and could be dangerous to wildlife.
While it may look festive, the forest service says none of it is good for wildfire and the edible treats aren't part of their natural diet, which could be harmful.
There are prohibitions against littering. Individuals could face a fine of $150 or more for leaving litter on the National Forest. More

Forest Service: Decorating national forest trees could be harmful to wildlife
Swickard: Come now to the aid of our oil patch
Posted by
Michael Swickard
on Thursday, December 18, 2014
© 2014 Michael Swickard, Ph.D. - Now is the time for all New Mexicans to come to the aid of our oil patch. The New Mexico oil patch has sustained us in New Mexico for decades both in products we use and as the prime financial support of our public education system. Unfortunately, with the global drop in prices our oil patch is going into a hard time.

New Mexico has been politically pushed to fund green energy projects which do not have the generation density to be cost-effective and useful. Our oil patch has long funded the public schools, the green energy projects fund the politicians. We need public schools more than we need politicians. We will eventually abandon all of the green projects when we run out of money we wish to spend on politics.
However, the oil patch is the real deal for New Mexico. Therefore in this price drop we New Mexicans need to recognize the opportunities an oil price war provides our state. When the New Mexico oil patch prospers, so do all New Mexicans.
This war for market share has happened before. And therein is a lesson: Congressman Steve Pearce had a company in the oil patch when oil prices declined to the point the oil patch essentially shut down. That is where we are headed so we need to take a page from Pearce's playbook.
Steve Pearce and wife Cynthia had a well service business with dozens of employees when an oil price fluctuation stalled production in New Mexico and West Texas. They went against conventional wisdom and keep all of their employees on the payroll unlike other companies who quickly trimmed their workforce because there was no work.
Those workers who were let go went on unemployment and then drifted into other lines of work. Steve and Cynthia's workers kept busy working in the company. They based their extraordinary risk on their personal faith and their sense of the value of their workers.
Early on they decided to go to the very ends of their savings. It was close. Within a couple months of when they would have to shutter the company the oil patch suddenly lurched to life because prices shot up. Their crew was ready and able to work the first day those services were needed. For that giant bet on the future, there was quite a reward for Steve and Cynthia as the only company ready the first day the oil patch revived.
The future of our public schools and much of our state's economy hangs in the balance. For the public schools there is nowhere else to make this money. Come now to the aid of our oil patch and we all will prosper together. Read full column
Those workers who were let go went on unemployment and then drifted into other lines of work. Steve and Cynthia's workers kept busy working in the company. They based their extraordinary risk on their personal faith and their sense of the value of their workers.
Early on they decided to go to the very ends of their savings. It was close. Within a couple months of when they would have to shutter the company the oil patch suddenly lurched to life because prices shot up. Their crew was ready and able to work the first day those services were needed. For that giant bet on the future, there was quite a reward for Steve and Cynthia as the only company ready the first day the oil patch revived.
The future of our public schools and much of our state's economy hangs in the balance. For the public schools there is nowhere else to make this money. Come now to the aid of our oil patch and we all will prosper together. Read full column

Swickard: Come now to the aid of our oil patch
Sources: DA anticipates charging APD officers in Boyd shooting
Posted by
Michael Swickard
on Wednesday, December 17, 2014
From KRQE-TV.com - ALBUQUERQUE (KRQE) – District Attorney Kari Brandenburg’s office anticipates pursuing open counts of murder against the two Albuquerque police officers who shot homeless camper James Boyd in the Sandia Foothills on March 16, KRQE News 13 has learned.

It is a preliminary decision, made several weeks ago, based on multiple reviews of more than 1,000 pages of evidence and nine DVDs containing recordings from APD’s investigation of the shooting, which police turned over to prosecutors in early October, multiple sources have told KRQE News 13.
Brandenburg has said she expects to make a final decision in the spring on whether to pursue charges against the two officers — Keith Sandy, who has since retired from APD, and Dominique Perez of the SWAT team — in one of the most controversial in a long string of police shootings in New Mexico’s largest city.
Prosecutors have a somewhat unorthodox plan for the Boyd case, the sources said. Rather than using a grand jury session, which is conducted in secret, they anticipate presenting the charges during a preliminary hearing in open court, where a judge would decide whether there is probable cause to go on to trial.
By presenting open counts of murder, prosecutors would give jurors in a trial a range of charges to choose from, all of which are predicated on the theory that the officers killed Boyd intentionally. The stiffest of those charges is first-degree murder, which carries a life sentence. At the other end of the spectrum is voluntary manslaughter, which carries a maximum of six years in prison.
Pursuing charges against police officers in a shooting would mark a significant departure for Brandenburg. In 14 years as DA, she has declined to prosecute each of the roughly 100 police shooting cases that have landed on her desk. More
Brandenburg has said she expects to make a final decision in the spring on whether to pursue charges against the two officers — Keith Sandy, who has since retired from APD, and Dominique Perez of the SWAT team — in one of the most controversial in a long string of police shootings in New Mexico’s largest city.
Prosecutors have a somewhat unorthodox plan for the Boyd case, the sources said. Rather than using a grand jury session, which is conducted in secret, they anticipate presenting the charges during a preliminary hearing in open court, where a judge would decide whether there is probable cause to go on to trial.
By presenting open counts of murder, prosecutors would give jurors in a trial a range of charges to choose from, all of which are predicated on the theory that the officers killed Boyd intentionally. The stiffest of those charges is first-degree murder, which carries a life sentence. At the other end of the spectrum is voluntary manslaughter, which carries a maximum of six years in prison.
Pursuing charges against police officers in a shooting would mark a significant departure for Brandenburg. In 14 years as DA, she has declined to prosecute each of the roughly 100 police shooting cases that have landed on her desk. More

Sources: DA anticipates charging APD officers in Boyd shooting
Lawmakers to consider state children’s song
Posted by
Michael Swickard
on Tuesday, December 16, 2014
From KRQE-TV.com - ALBUQUERQUE (KRQE) – New Mexico has an official state tie, the bolo tie. There’s the state question, red or green? The state even has its own song. But what about an official state children’s song?
It’s one of the bills lawmakers could make into law next month. Mesilla Elementary music teacher, Melanie Williams wrote the song three years ago for a third grade program on food.
“There wasn’t really anything out there about green chile. I thought that was a shame, so I wrote a song for my students to sing,” Williams said.
Now her song could become a part of New Mexico history. A student’s mother talked to Dona Ana County State Representative Bill McCamley who wants to make it the state’s official children’s song.
Both houses would have to approve McCamley’s bill in the upcoming session. Representative McCamley hopes its one bill lawmakers can agree on. “We’re celebrating who we are as people. Celebrating our food, celebrating our culture, celebrating our children,” McCamley said.
Williams no longer teaches but says she’s honored her song will even be considered. More

It’s one of the bills lawmakers could make into law next month. Mesilla Elementary music teacher, Melanie Williams wrote the song three years ago for a third grade program on food.
“There wasn’t really anything out there about green chile. I thought that was a shame, so I wrote a song for my students to sing,” Williams said.
Now her song could become a part of New Mexico history. A student’s mother talked to Dona Ana County State Representative Bill McCamley who wants to make it the state’s official children’s song.
Both houses would have to approve McCamley’s bill in the upcoming session. Representative McCamley hopes its one bill lawmakers can agree on. “We’re celebrating who we are as people. Celebrating our food, celebrating our culture, celebrating our children,” McCamley said.
Williams no longer teaches but says she’s honored her song will even be considered. More

Lawmakers to consider state children’s song
Marita Noon: Germany’s “energy transformation” — unsustainable subsidies and an unstable system
Posted by
News New Mexico
Commentary by Marita Noon - Perhaps when Germany’s Chancellor Angela Merkel was a child, she attend a party and was the only one who came without a present, or wearing inappropriate attire—and the embarrassment she felt haunts her to this day. That’s how psychodynamic psychology (Freud) might explain her December 3 decision spend more money on Germany’s failing energy experiment to avoid, as Reuters puts it: “the embarrassment of missing her government’s goal of a 40 percent reduction of emissions by 2020.”
As Europe’s biggest economy, Germany has also embraced the biggest carbon dioxide reductions through a program known as “Energiewende”—or, in English, also called energy change, shift, or transformation. Energiewende was launched in 2000 under Merkel’s predecessor who offered subsidies for any company that produced green energy.
While the European Union (E.U.) has committed to carbon dioxide cuts of 40 percent by 2030, Germany’s national goal aims to get there a decade sooner—which may have seemed achievable early in the program. After the 1990 reunification of Germany, the modernization of East Germany brought rapidly reduced emissions. However, the program’s overall result has raised costs and the emissions the expensive programs were designed to cut. Read full column

As Europe’s biggest economy, Germany has also embraced the biggest carbon dioxide reductions through a program known as “Energiewende”—or, in English, also called energy change, shift, or transformation. Energiewende was launched in 2000 under Merkel’s predecessor who offered subsidies for any company that produced green energy.
While the European Union (E.U.) has committed to carbon dioxide cuts of 40 percent by 2030, Germany’s national goal aims to get there a decade sooner—which may have seemed achievable early in the program. After the 1990 reunification of Germany, the modernization of East Germany brought rapidly reduced emissions. However, the program’s overall result has raised costs and the emissions the expensive programs were designed to cut. Read full column

Marita Noon: Germany’s “energy transformation” — unsustainable subsidies and an unstable system
NM Supreme Court: Judge removed by voters must leave bench
Posted by
Michael Swickard
on Monday, December 15, 2014
From KOB-TV.com - A New Mexico judge who attempted to stay in office despite being ousted by voters must go, the state Supreme Court ruled Monday.
District Judge Sheri Raphaelson did not receive enough retention votes in the November election. In 2009, she was appointed to fill a vacancy for a term that began in 2008. Raphaelson then won a 2010 election.
Raphaelson argued that under law, she must serve a complete six-year term that began after the 2010 election.
But the Santa Fe New Mexican reports that the state Attorney General's Office says she inherited a six-year term that started in 2008.
Justices voted unanimously on Monday that she must leave the bench at the end of the year. More

District Judge Sheri Raphaelson did not receive enough retention votes in the November election. In 2009, she was appointed to fill a vacancy for a term that began in 2008. Raphaelson then won a 2010 election.
Raphaelson argued that under law, she must serve a complete six-year term that began after the 2010 election.
But the Santa Fe New Mexican reports that the state Attorney General's Office says she inherited a six-year term that started in 2008.
Justices voted unanimously on Monday that she must leave the bench at the end of the year. More

NM Supreme Court: Judge removed by voters must leave bench