Open Letter to an architect about drilling for geothermal heating system in our alley
Open Letter to an architect about drilling for geothermal heating system in our alley
The alleyway behind my downtown Ann Arbor, Michigan office has been turned into a mini-Mordor for the last few weeks with deafening drilling and pumping, effusions of grayish, slimy “slurry” and general disruption and using of the place as trash pit and dumping ground. This is an edited and reformatted version of my original e-mail letter to various parties:
Dear Jan Culbertson and Whom It May Concern:
I am a part-time faculty member at a local college.
In conjunction with that task, I maintain a small office at [address elided].
I am presently dissatisfied with the manner in which the planning, approval, and construction phase of this “Alley Drilling” project has been carried out.
In particular, I am having difficulty understanding why one occupant of an adjacent building, [apparently] with neither property rights nor parking spaces in the alley in question, was allowed to hijack the public right of way for private gain.
Were there any public hearings?
Were any announcements published in any paper of record?
How were my rights and interests as a commercial tenant taken into consideration and respected?
I note the following permits on register with the city which may pertain to this project:
Permits, Enforcements, Certificates
Parcel: 09-09-29-127-017
Permit(s)
10 Permit(s) found.
Number Type Status Category Applied Issued Expired â
PRW072233 Right of Way ISSUED Right of Way 09/17/2007 09/26/2007 09/25/2008
PS070130 Sign ISSUED Sign 09/28/2007 09/28/2007 03/26/2008
PM071698 Mechanical ISSUED Mechanical 09/18/2007 09/18/2007 03/16/2008
PM071699 Mechanical ISSUED Mechanical 09/18/2007 09/18/2007 03/16/2008
PM071700 Mechanical ISSUED Mechanical 09/18/2007 09/18/2007 03/16/2008
PM071701 Mechanical ISSUED Mechanical 09/18/2007 09/18/2007 03/16/2008
PM071702 Mechanical ISSUED Mechanical 09/18/2007 09/18/2007 03/16/2008
PM071703 Mechanical ISSUED Mechanical 09/18/2007 09/18/2007 03/16/2008
PB071537 Building ISSUED Commercial, Add/Alter 06/20/2007 08/14/2007 02/10/2008
PB071324 Building ISSUED Commercial, Add/Alter 06/06/2007 06/15/2007 12/12/2007source: City of Ann Arbor
09-09-29-127-017
WELLSPRING LAND COMPANY L.L.C. 210 E HURON STper Matt Naud of the City of Ann Arbor Systems Planning Unit.
The permit which seems to be associated with the past several weeks of drilling activity is PRW072233
I note that this permit, though applied for on September 17, 2007, was apparently not issued until September 26. Yet it is my best recollection that the work proceeded before this date. If so, on what theory or pretext did this occur?
I am given to understand by several city employees that there may be an agreement regarding the use of the alley right-of-way signed on behalf of the city by Mr. West, and that this document may be available from the City Clerk’s office. I would like to know under what theory the city’s right-of-way for the purpose of vehicular traffic or public utilities extends more than 400 feet deep into the earth for the purposes of the private benefit, public relations, and financial advantage of one private entity in an adjacent structure?
I do not regard this project as creating “a special downtown green space”. I regard it as a deafening, prolonged, violent rape of the earth with 400 foot poles filled with potentially toxic liquid for personal gain, public relations advantage and private profit.
On the last point, I was told several times by city officials and representatives of this project that the tubes would be filled with propylene glycol (propane-1,2-diol). I was told that this substance is “completely non-toxic”, “harmless” and “approved by the FDA to use in food… you could eat it.”
First I would point out that throughout the world there have been a number of poisoning incidents due to imported diethylene glycol being mislabeled as propylene glycol. For instance, the New York Times reported on May 19, 2007 that 136 people were killed in a 2006 diethylene glycol poisoning incident involving toothpaste in Costa Rica.
I strongly suggest that the city or another government agency independently test and assure us that the “completely safe” substance in the tubes is actually what it is represented as being (food-grade propylene glycol) and is in fact, safe and non-toxic. Methods of testing are documented in a US FDA publication from the Center for Drug Evaluation and Research, Guidance for Industry: Testing of Glycerin for Diethylene Glycol.
21 CFR § 589.1001 says that “Use of propylene glycol in or on cat food causes the feed to be adulterated and in violation of the Federal Food, Drug, and Cosmetic Act”. Propylene glycol is toxic to cats.The World Health Organization sets the Acceptable Daily Intake (ADI) of 1,2-propylene glycol acetate for a human being to 0-25 milligrams per kg of body weight. (1)
21 CFR § 184.1666 indicates,
Sec. 184.1666 Propylene glycol.
(a) Propylene glycol (C3H8O2, CAS
Reg. No. 57-55-6) is known as 1,2-propanediol. It does not occur in
nature. Propylene glycol is manufactured by treating propylene with
chlorinated water to form the chlorohydrin which is converted to the
glycol by treatment with sodium carbonate solution. It is also prepared
by heating glyercol with sodium hydroxide.
(b) The ingredient meets the specifications of the Food Chemicals
Codex, 3d Ed. (1981), p. 255, which is incorporated by reference. Copies
may be obtained from the National Academy Press, 2101 Constitution Ave.
NW., Washington, DC 20418. It is also available for inspection at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC 20408.
(c) The ingredient is used as an anticaking agent as defined in
Sec. 170.3(o)(1) of this chapter; antioxidant as defined in
Sec. 170.3(o)(3) of this chapter; dough strengthener as defined in
Sec. 170.3(o)(6) of this chapter; emulsifier as defined in
Sec. 170.3(o)(8) of this chapter; flavor agent as defined in
Sec. 170.3(o)(12) of this chapter; formulation aid as defined in
Sec. 170.3(o)(14) of this chapter; humectant as defined in
Sec. 170.3(o)(16) of this chapter; processing aid as defined in
Sec. 170.3(o)(24) of this chapter; solvent and vehicle as defined in
Sec. 170.3(o)(27) of this chapter; stabilizer and thickener as defined
in Sec. 170.3(o)(28) of this chapter; surface-active agent as defined in
Sec. 170.3(o)(29) of this chapter; and texturizer as defined in
Sec. 170.3(o)(32) of this chapter.
(d) The ingredient is used in foods at levels not to exceed current
good manufacturing practice in accordance with Sec. 184.1(b)(1). Current
good manufacturing practice results in maximum levels, as served, of 5
percent for alcoholic beverages, as defined in Sec. 170.3(n)(2) of this
chapter; 24 percent for confections and frostings as defined in
Sec. 170.3(n)(9) of this chapter; 2.5 percent for frozen dairy products
as defined in Sec. 170.3(n)(20) of this chapter; 97 percent for
seasonings and flavorings as defined in Sec. 170.3(n)(26) of this
chapter; 5 percent for nuts and nut products as defined in
Sec. 170.3(n)(32) of this chapter; and 2.0 percent for all other food
categories.
(e) Prior sanctions for this ingredient different from the uses
established in this section do not exist or have been waived.[47 FR 27812, June 25, 1982]
http://www.cfsan.fda.gov/~lrd/FCF184.htmlWhere in the federal code is the specific use contemplated by A3C and the City permitted?
sincerely,
Henry Edward Hardy
[email address elided]
https://scanlyze.wordpress.com/
Copyright © 2007 Henry Edward Hardy
More testimony on the Haditha massacre and discussion of a soldiers duty to the dead
The New York Times has an excellent article today (May 31, 2007) describing testimony regarding eight American soldiers from 3rd Battalion, 1st Marines accused of unlawfully killing 24 Iraqi civilians in Haditha, Iraq on November 19, 2005. It isn’t entirely clear from the news articles but I surmise that these were Article 32 proceedings.
The article, 2 Marines Deny Suspecting Haditha War Crime, by Paul Von Zielbaur, details testimony by two First Lieutenants which was just made public. The recently released testimony is from First Lt. Alexander Martin and First Lt. Max D. Frank.
Lt. Martin testified that the killings in Haditha had made the civilian population more cooperative:
After 19 November, I had people coming up to me to tell me where the I.E.D.’s [land mines] were.
Lt. Frank testified about the activities of the detail which policed the scene. According to the Times report:
Lieutenant Frank told a Marine prosecutor that each of the eight bodies he found on the bed had “multiple holes” in it, and that one child’s head was missing. But Lieutenant Frank repeatedly said in his testimony that he had never considered the possibility that a war-crime violation had occurred, the legal threshold under Marine Corps regulations that compels an episode to be reported to a superior officer…
The marines had only four or five body bags at the base and used them to collect the largest of the dead civilians, said Lieutenant Frank. The children’s remains were placed in trash bags, he said. When the marines’ four-Humvee convoy carrying the bodies arrived at a local hospital morgue that evening, Iraqi workers reacted in horror and some vomited at the sight, he testified.
An investigation of the killings by U.S. Army Maj. Gen. Eldon Bargewell in 2006 found, “Statements made by the chain of command during interviews for this investigation, taken as a whole, suggest that Iraqi civilian lives are not as important as U.S. lives, their deaths are just the cost of doing business, and that the Marines need to get ‘the job done’ no matter what it takes. These comments had the potential to desensitize the Marines to concern for the Iraqi populace and portray them all as the enemy even if they are noncombatants… The lessons for staff procedures and reporting are basic, but the case study will illustrate how simple failures can lead to disastrous results,” according to the Washington Post.
An interesting and comprehensive article from the July 1996 Army Lawyer examined the question of what obligations US troops have toward the dead, whether or not collected on the field of battle. The publication is citable as Army pamphlet 27-50-284:
The Third Priority: The Battlefield Dead
Lieutenant Colonel H. Wayne Elliott,
Judge Advocate General’s Corps, United Stares Army (Retired)
…The general obligation to the wounded is that
they be promptly treated without regard to their nationality. This
article examines the narrower issue of the duty a belligerent owes
to those who are beyond treatment-the dead. What obligations
exist regarding the dead? Must they be buried? If so, under
what conditions? Are the dead to be protected? If so, from what?
What of the property of the dead? What criminal sanctions apply
to maltreatment of the dead and their property? …Article 15 expands the duty set out in the 1929 Geneva Convention.
The obligation under the 1949 Geneva Convention applies
“at all times” and is imposed on all parties, not just the force
left in control of the battlefield. …The official Red Cross Commentary to the Convention,
which provides explanation and interpretation of the
treaty, describes the obligation to search for and protect the wounded
and dead as a “bounden duty, which must be fulfilled as soon as
circumstances permit.” However, this seems to be a slight overstatement
as the actual obligation to the dead is different from
that to the wounded. The obligation regarding the dead is to search
for them and to “prevent their being despoiled.” The requirement
is to collect the wounded and sick, but only to search for the dead.
Again, however, the Red Cross Commentary expands the obligation:The dead must also be looked for and brought
back behind the lines with as much care as the
wounded. It is not always certain that death
has taken place. It is, moreover, essential that
the dead bodies should be identified and given
a decent burial. When a man has been hit with
such violence that there is nothing left of him
but scattered remains, these must be carefully
collected…In October 1967, General Westmoreland, United
States Commander in Vietnam, described the practice of cutting
ears and fingers off the dead as “subhuman” and “contrary to all
policy and below the minimum standards of human decency.”In the primary army manual on the law of war during the Vietnam
War, which still applies today, the “maltreatment of dead bodies”
is described as an act “representative of violations of the law of
war (war crimes)”…Where the corpse is actually mutilated, the accused, if charged
under the UCMJ, might be charged only with “conduct prejudicial
to good order and discipline” (Article 134, UCMJ) or with a
violation of any standing orders against such conduct (Article 92,
UCMJ). Either of these two charges seems less than appropriate
given the severity, and depravity, of the offense. Therefore, in the
opinion of this author, one who mutilates a corpse should be
charged, and again would be more appropriately charged, with a
direct violation of the law of war. The United States policy of
charging United States soldiers with violating the UCMJ rather
than the law of war simply stands in the way of appropriate punishment
where mutilation of a corpse is alleged.War leads to death and destruction. Those who give their
lives in warfare deserve respect, even from their adversaries on
the battlefield. The law and human decency permit no less. The
inscription on the Tomb of the Unknown Soldier at Arlington
Cemetery provides the raison d’etre for protecting and honorably
treating the dead: “Here Rests in Honored Glory an American
Soldier, Known But to God.”
So we must pose the question: Would collecting the bodies and dismembered body parts of the children in garbage bags and delivering them in this condition to an Iraqi hospital constitute appropriate treatment of the dead under the laws of war? To say nothing of course of blowing the children and their mother to bits with grenades and M4’s or M16’s as they cowered in their bedroom in the first place.
Here is a list of casualties of the Haditha massacre from United for Peace and Justice via wikipedia:
Deaths & injuries in the massacre
House #1 — 7 killed, 2 injured (but survived), 2 escaped
1. Abdul Hamid Hassan Ali, 76 — grandfather, father and husband. Died with nine rounds in the chest and abdomen.
2. Khamisa Tuma Ali, 66 — wife of Abdul Hamid Hassan Ali
3. Rashid Abdul Hamid, 30.
4. Walid Abdul Hamid Hassan, 35.
5. Jahid Abdul Hamid Hassan, middle-aged man.
6. Asma Salman Rasif, 32.
7. Abdullah Walid, 4.
Injured: Iman, 8, and Abdul Rahman, 5.
Escaped: Daughter-in-law, Hibbah, escaped with 2-month-old Asia
House #2 — 8 killed, 1 survivor: Shot at close range and attacked with grenades
8. Younis Salim Khafif, 43 — husband of Aeda Yasin Ahmed, father.
9. Aeda Yasin Ahmed, 41 — wife of Younis Salim Khafif, killed trying to shield her youngest daughter Aisha.
10. Muhammad Younis Salim, 8 — son.
11. Noor Younis Salim, 14 — daughter.
12. Sabaa Younis Salim, 10 — daughter.
13. Zainab Younis Salim, 5 — daughter.
14. Aisha Younis Salim, 3 — daughter.
15. A 1-year-old girl staying with the family.
Survived: Safa Younis Salim, 13.
House #3 — 4 brothers killed
16. Jamal Ahmed, 41.
17. Marwan Ahmed, 28.
18. Qahtan Ahmed, 24.
19. Chasib Ahmed, 27.
Taxi — 5 killed: Passengers were students at the Technical Institute in Saqlawiyah
20. Ahmed Khidher, taxi driver.
21. Akram Hamid Flayeh.
22. Khalid Ayada al-Zawi.
23. Wajdi Ayada al-Zawi.
24. Mohammed Battal Mahmoud.
See also keyword Najaf on Scanlyze.
Copyright © 2007 Henry Edward Hardy
An Open Letter to Rich Sheridan regarding the proposed insertion of spam by the Wireless Washtenaw Project
The following was written in response to the pricing plan for Wireless Washtenaw.
Rich Sheridan has served on the steering committee of the Wireless Washtenaw Project for some time. Rich is someone for whom I have done work in the past and I am surprised by his poor judgment and lack of knowledge of the issues in this particular instance.
An Open Letter to Rich Sheridan regarding the proposed insertion of spam by the Wireless Washtenaw Project:
Rich,
Thanks for the interesting conversation today regarding Wireless Washtenaw. You told me, “The Internet was built by business”. When I disagreed and asked you if you had ever heard of Prof. Jon Postel, you finally (after asking the third time) admitted you had not heard of him. Here’s a link to the wikipedia article on Prof. Jon Postel.
Here’s Jon Postel’s tribute page from the Information Sciences Institute at USC.
When Jon died, he received the some of the most moving tributes from around the world that I have seen for any person, recent or historical. Many of the founders of the Internet are among the eulogists recorded at the Internet Society pages about Jon.
The Internet did not come about through the profit motive. Not at all. The Net is possibly the single most complex and valuable piece of engineering ever accomplished by humans, and it came about through the efforts of selfless individuals working for the betterment of all mankind. People like JCR Licklider, Bob Kahn, Larry Roberts, Steve Crocker, Vint Cerf, and Dr. Postel are the people we should be seeking to emulate personally and professionally.
To take the surplus value in the Net created by all these selfless patriots and try to monetize it in the way that 20/20 is doing through the public face of the Wireless Washtenaw project, is not a good thing. Having third parties who just happen to own one of the dozen or so routers between sender and receiver insert into the datastream their own or third-party ads degrades the Net for both sender and receiver, and breaks the unwritten compact whereby anyone with an upstream router on the Net passes along third-party traffic in a manner similar to a common carrier, without intercepting or interfering by, for instance, adding spam advertising content to that communication. This principle is sometimes referred to as “Net Neutrality”.
There are also legal issues revolving around this approach to funding Wireless Washtenaw regarding the Electronic Communications Privacy Act 18 USC § 2510.
Also pertinent is the General Prohibition Against Traces and Traps 18 USC § 3121.
I also think this deliberate insertion of spam into the network may fall afoul of the Michigan statue Fraudulent Access to Computers, Computer Systems, and Computer Networks, MCL 795.791 et passim.
What you all are talking about doing with this Wireless Washtenaw “free” service is filling the web browsers of people using the free, public service with third-party spam. Adding banner ads to a content provider’s web page without their consent or inserting interstitial ads between content provider and subscriber is leveraging the intellectual property of that content provider without their permission. This is analogous to sneaking into the Washtenaw News warehouse on S. Industrial and slipping additional advertising into the Sunday Times inserts without their permission. This Wireless Washtenaw “free” service with spam added is not a public service at all, but a fundamental attack on the integrity, security and utility of the Net itself.
sincerely,
Henry Edward Hardy
see also: Seven Questions on ‘Net Neutrality’ for Ann Arbor City Councilman Ron Suarez
Copyright © 2007 Henry Edward Hardy
Human Rights Watch: Ghost Prisoner: Two Years in Secret CIA Detention
Human Rights Watch has compiled a comprehensive report about the case of one of the “disappeared”, Marwan Jabour. Most of the docile and pathetic British and US press have ‘reported’ on this publication without managing to link to it or even so much as mention the name of the report!
Here’s a bit from the Summary:
When Marwan Jabour opened his eyes, after a blindfold, a mask, and other coverings were taken off him, he saw soldiers and, on the wall behind them, framed photographs of King Hussein and King Abdullah of Jordan. He was tired and disoriented from his four-hour plane flight and subsequent car trip, but when a guard confirmed that he was being held in Jordan, he felt indescribable relief. In his more than two years of secret detention, nearly all of it in US custody, this was the first time that someone had told him where he was. The date was July 31, 2006.
A few weeks later, in another first, the Jordanians allowed several of Jabour’s family members to visit him. “My father cried the whole time,” Jabour later remembered.
Marwan Jabour was arrested by Pakistani authorities in Lahore, Pakistan, on May 9, 2004. He was detained there briefly, then moved to the capital, Islamabad, where he was held for more than a month in a secret detention facility operated by both Pakistanis and Americans, and finally flown to a Central Intelligence Agency (CIA) prison in what he believes was Afghanistan. During his ordeal, he later told Human Rights Watch, he was tortured, beaten, forced to stay awake for days, and kept naked and chained to a wall for more than a month. Like an unknown number of Arab men arrested in Pakistan since 2001, he was “disappeared” into US custody: held in unacknowledged detention outside of the protection of the law, without court supervision, and without any contact with his family, legal counsel, or the International Committee of the Red Cross.
The secret prison program under which Jabour was held was established in the wake of the September 11, 2001 terrorist attacks, when US President George W. Bush signed a classified directive authorizing the CIA to hold and interrogate suspected terrorists. Because the entire program was run outside of US territory, it required the support and assistance of other governments, both in handing over detainees and in allowing the prisons to operate.
–from the Summary of Ghost Prisoner: Two Years in Secret CIA Detention
See also: BBC Report: ‘Sleaze alleged in CIA’
European Union: Report on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners
Copyright © 2007 Henry Edward Hardy
European Union: Report on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners
The European Parliament has voted to endorse and publish a report strongly condemning the use of European facilities for the alleged kidnapping, torture, and illegal imprisonment allegedly carried out and facilitiated in EU states by alleged US persons. The resolution was passed on or about Feb 14, 2007 by a majority of 382 to 256 with 74 abstentions.
This news was ‘covered’ by the BBC, Financial Times, Radio Free Europe, Islamic Republic News Agency, Irish Times and others. However most (or all, seemingly) news accounts did not include the name of the report or a link to it. And it seems not to be easily searchable from the various EU institution sites or general search sites. Some legislative history and parliamentary questions were accessible by searching at europa.eu on on ‘rendition’.
Following are the header and conclusions from the full report.
EUROPEAN PARLIAMENT
2004 – 2009
Session document
FINAL
A6-9999/2007
26.1.2007
REPORT
on the alleged use of European countries by the CIA for the transportation and illegal detention of prisoners
(2006/2200(INI))Temporary Committee on the alleged use of European
countries by the CIA for the transportation and illegal detention of prisoners
Rapporteur: Giovanni Claudio Fava
[…]
Final conclusions
225. Stresses, in view of the powers it was provided with and of the time which it had at its
disposal, and the secret nature of the investigated actions, that the Temporary
Committee was not put in a position fully to investigate all the cases of abuses and
violations falling within its remit and that its conclusions are therefore not exhaustive;
226. Recalls the principles and values on which the European Union is based, as provided in
Article 6 of the Treaty on European Union, and calls on the EU institutions to meet their
responsibilities in relation to Article 7 of the Treaty on European Union and all other
relevant provisions of the Treaties, and to take all appropriate measures in the light of
the conclusions of the work of the Temporary Committee, the facts revealed in the
course of the Temporary Committee’s investigation and any other facts that may emerge
in the future; expects the Council to start hearings and commission an independent
investigation without delay, as foreseen in Article 7, and, where necessary, to impose
sanctions on Member States in case of a serious and persistent breaches of Article 6,
including where a violation of human rights has been declared by an international body
but no measure has been taken to redress the violation;
227. Believes that the principle of loyal cooperation enshrined in the Treaties -which requires
Member States and the EU institutions to take measures to ensure the fulfilment of their
obligations under the Treaties, such as the respect of human rights, or resulting from
action taken by the EU institutions, such as ascertaining the truth about alleged CIA
flights and prisons, and to facilitate the achievement of EU tasks and objectives – has
not been respected;
228. Recalls that in light of European Court of Human Rights case law, a signatory State
bears responsibility for the material breach of the provisions of the ECHR, and therefore
also of Article 6 of the Treaty on the European Union, not only if its direct
responsibility can be established beyond reasonable doubt, but also by failing to comply
with its positive obligation to conduct an independent and impartial investigation into
reasonable allegations of such violations;
229. Notes the reports by reputable media operators that extraordinary rendition, illegal
detention, and systematic torture involving many people is continuing, and considering
the declaration by the current US Government that the use of extraordinary rendition
and secret places of detention will be continued; therefore calls for an EU-US counterterrorism
summit to seek an end to such inhumane and illegal practices, and to insist
that cooperation with regard to counter-terrorism is consistent with international human
rights and anti-torture treaty obligations;
230. Instructs its Committee on Civil Liberties, Justice and Home Affairs, where necessary in
cooperation with the Committee on Foreign Affairs, notably its Sub-Committee on
Human Rights, to follow up politically the proceedings of the Temporary Committee
and to monitor the developments, and in particular, in the event that no appropriate
action has been taken by the Council and/or the Commission, to determine whether
there is a clear risk of a serious breach of the principles and values on which the
European Union is based, and to recommend to it any resolution, taking as a basis
Articles 6 and 7 of the Treaty on European Union, which may prove necessary in this
context;
231. Calls on its Secretary-General to publish, at least in compliance with Regulation
1049/2001, all the documents received, produced and examined, as well as the records
of the proceedings of the Temporary Committee on the Internet as well as in any other
appropriate manner and calls on the Secretary-General to ensure that the developments
in fields falling within the remit of the Temporary Committee after its disbandment are
monitored;
232. Instructs its President to forward this resolution to the Council, the Commission, the
governments and parliaments of the Member States, of the candidate Member States
and the associated countries, and to the Council of Europe, NATO, the United Nations
and the Government and two Houses of Congress of the United States, and to request
them to keep Parliament informed of any development that may take place in the fields
falling in the remit of the Temporary Committee.
Copyright © 2007 Henry Edward Hardy
About Scanlyze
Quis custodiet ipsos custodes?
Scanlyze is an online magazine of essays, commentary, satire, and analysis. Were we half as clever, for inspiration we would take Mark Twain, Ambrose Bierce, Swift, Montaigne, or Seneca.
“The men who create power make an indispensable contribution to the Nation’s greatness, but the men who question power make a contribution just as indispensable, especially when that questioning is disinterested, for they determine whether we use power or power uses us.”
John F. Kennedy, October 26, 1963
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