New York

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    Court Rejects Constitution Pipe’s Case Against NY DEC; Now What?

    In a disappointing, but perhaps not all that unexpected decision (full copy below), the U.S. Court of Appeals for the Second Circuit on Friday ruled against the Constitution Pipeline and their lawsuit against the Cuomo-corrupted New York Dept. of Environmental Conservation (DEC). The DEC dithered, for years, on a decision about whether or not to grant stream-crossing permits (Section 401 permits, a federal Clean Water Act thing) to the Constitution Pipeline, a $683 million, 124-mile pipeline from Susquehanna County, PA to Schoharie County, NY carrying Marcellus gas. The Federal Energy Regulatory Commission (FERC) authorized the project in 2014. Since that time the DEC delayed, and eventually denied permits for the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). So the Constitution (being built by Williams) sued the DEC in federal court (see Constitution Pipeline Case Goes to Court in 2 Weeks, Briefs Filed). We had hoped that the court would grant Constitution the right to commence building. But they didn’t. So now what? There are three options left for Constitution: (1) appeal the decision to the U.S. Supreme Court, (2) file a new case with the D.C. Circuit Court of Appeals (a different court), or (3) request FERC take matters into its own hands by deciding the DEC took too long (which would probably be challenged at the D.C. Circuit). The D.C. Circuit Court of Appeals is a different court than the Second Circuit that just ruled. Our best guess? Williams will take option #3 and ask FERC to overrule NY DEC and grant the permit themselves…
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    If NatGas Pipeline is Blocked, NY Elec Plant Will Use Oil Instead

    For the past 2+ years MDN has chronicled the journey of Competitive Power Ventures (CPV) to build a $900 million Marcellus gas-fired electric plant in Wawayanda, NY, called the Valley Energy Center. Early on the project faced court challenges, but a judge gave final approval to build it in September 2015 (see Orange County, NY Marcellus-Fired Electric Plant OK’d by Judge). One of the “locals” who objected to the plant is Hollywood actor James Cromwell, star of movies like Babe and Star Trek: First Contact. Cromwell has a summer home in the area and doesn’t like the idea of an electric plant nearby, so he became a criminal protester (see Actor James Cromwell Arrested Protesting NY Power Plant Site). It took a few years, but Cromwell was finally jailed after refusing to pay a fine related to his arrest. He ended up serving just three of his seven day sentence (see “Privileged White” Actor Cromwell Serves < Half of Jail Sentence). Being famous and rich has its perks–including corruption of justice. The thing about Hollywood actors who are good at their craft, as is Cromwell, is that in other areas of life they are often stupid, as is Cromwell. Case in point: Cromwell thinks he can stop the $900 million plant, which is more than half built, by opposing a short, 7.8-mile pipeline spur off the Millennium Pipeline to feed the plant (see NY DEC Holds Sham “Hearing” for Power Plant Pipeline). Stop the pipeline, and the plant won’t open, right? Wrong! The owner has a Plan B for the plant, otherwise they would not have begun construction in the first place. If for some reason the natural gas pipeline doesn’t get built (highly unlikely), the plant will burn oil instead. Apparently Cromwell would rather have MORE air pollution around his home rather than allow a clean-burning pipeline to feed the plant. What a dope. The plant will open either way, with or without natural gas feeding it…
    Read More “If NatGas Pipeline is Blocked, NY Elec Plant Will Use Oil Instead”

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    Making a Strong Case for NG’s Virtual Pipeline Near Binghamton

    Somewhat surprising for our local Gannett outlet here in Binghamton (the Press & Sun-Bulletin), but on Sunday the newspaper published two opinion pieces that make a very strong case FOR building a natural gas transfer station (i.e. virtual pipeline) in the Town of Fenton, on the outskirts of Binghamton, by NG Advantage. One of the editorials was written by a resident who lives in the community where the station will get built. The arguments are compelling and destroy the NIMBYism and hysterics of local residents opposed to the project. The other editorial is from the fire chief and emergency management director from a community in New Hampshire that has two facilities to decompress gas delivered by NG Advantage. He speaks about the safety of the trucks and the gas carried on them. Bottom line: This facility is safe, the trucks hauling the gas are safe, and it’s good for the economy. There’s absolutely no reason why it should not get built in Fenton (near Binghamton)…
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    New Life for Constitution Pipe – Williams Asks White House for Help

    In April 2016 the New York Dept. of Environmental Conservation (DEC) caved to corrupt political pressure from Andrew Cuomo and denied the Williams Constitution Pipeline a necessary federal 401 stream crossing permit, blocking the project (see NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline). At that moment, the DEC stepped off a cliff. It’s been a long, slow process, but we’ve watched them fall ever since. And now, they will soon hit the bottom. They were dead (metaphorically) the moment they issued their denial. It was a foregone conclusion that their illegal action would not stand–that the DEC would eventually be overruled and their role in permitting such projects would be stripped away. But you have to remember those were heady days for the left, when Cuomo was full of himself and the future seemed certain that the hapless Hillary would win the White House and further corrupt federal agencies like the Federal Energy Regulatory Commission (FERC), the agency that oversees projects like the Constitution. But the unthinkable happened. Hillary lost (thank God!). And now Cuomo and his corrupted DEC have no backstop at the federal level. Last week on a conference call to discuss second quarter earnings, Williams CEO Alan Armstrong responded to a question about the long-stalled Constitution Pipeline. He said Williams is working with The White House to get the Constitution project back on track. Reading between the lines, Williams is asking The White House to ask FERC to overrule the NY DEC and grant the stream crossing permits for the project. Armstrong now says he believes it will get built, and will be up and running, sometime in the second quarter of 2019…
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    NFG 2Q17: NY Pipeline Holdup Causes Shift to More Utica Drilling

    Last week National Fuel Gas Company, headquartered in Western New York State with drilling subsidiary Seneca Resources and pipeline subsidiary Empire Pipeline, issued its third quarter (everyone else’s second quarter) 2017 update. NFG produced 567 million cubic feet per day (MMcf/d) of natural gas last quarter, a 6% increase over the same quarter a year ago. NFG realized an average price of $2.94 per thousand cubic feet (Mcf), up $0.08 per Mcf from the prior year. Compare that with Antero’s hedged average of $3.41/Mcf (see today’s story about Antero 2Q17). NFG CEO Ronald Tanski had some interesting remarks with respect to the company’s stalled Northern Access Pipeline project. As you may recall, the Andrew Cuomo New York Dept. of Environmental Conservation (DEC) is blocking Northern Access, like they blocked the Constitution Pipeline and a tiny spur project for the Millennium. Because NFG’s Northern Access project is stalled, they are shifting their budget and drilling further west, to do Utica drilling in locations where there is already pipeline infrastructure. So this is yet another case of the NY screwing up Marcellus drilling PA that would otherwise be happening. Landowners in PA can thank NY Gov. Cuomo for screwing them over. Tanski also mentioned the court case for Northern Access, and that FERC (Federal Energy Regulatory Commission) may step in and overrule the NY DEC, as is now being considered in the Constitution Pipeline case (see today’s lead story). Here’s the update from NFG…
    Read More “NFG 2Q17: NY Pipeline Holdup Causes Shift to More Utica Drilling”

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    NY DEC Holds Sham “Hearing” for Power Plant Pipeline

    New York’s corrupted Dept. of Environmental Conservation (DEC) is running scared. For 19 months the DEC has intentionally delayed granting a tiny, 9-mile spur Millennium Pipeline wants to build in Orange County, NY the necessary federal 401 stream crossing permit it needs. Millennium took the DEC to federal court, but the court refused to get involved, telling Millennium if the DEC is delaying, the Federal Energy Regulatory Commission (FERC) can jump in and override the DEC (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). So that’s what Millennium did. They asked FERC to grant the stream crossing permits themselves (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). Sensing they are now in a death spiral and will lose control over not only the Millennium project, but also other projects like the Constitution Pipeline and Northern Access projects the DEC has been blocking, the DEC responded and asked FERC to wait until August 30th before granting the certificate–so the DEC could grant it (or not) themselves (see Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30). So the DEC held a public hearing Wednesday night. A sham. Kabuki theater. It was the DEC going through the motions before they get off their rear-ends and grant the certificate they could have granted more than a year ago. The public hearing in Wawayanda, NY did not disappoint, with insane anti-fossil fuelers parading before the microphones and cameras, predicting the end of the world if this 9-mile pipeline to feed a gas-fired power plant gets built…
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    Judge Hears Arguments For/Against Broome Virtual Pipe, Delay Stays

    Yesterday both sides were in court in Broome County, NY to put forward their best arguments for why a natural gas transfer station (i.e. virtual pipeline) project in the Town of Fenton, near Binghamton, should (or should not) get built. We’ve covered this story from the beginning–because we like virtual pipelines which get natural gas to customers who aren’t blessed to live near a pipeline, and because we live about 10 miles from the proposed site. NG Advantage wants to build a virtual pipeline operation in a suburb of Binghamton. The location NG picked, after considering up to six other locations in the region, was selected because of it’s proximity to major highways, proximity to the Millennium Pipeline, and availability of high-power electric lines. A virtual pipeline is nothing more than a compressor plant (series of compressor plants) that grabs gas from a pipeline, in this case the Millennium, and compresses it and loads it onto special tractor trailers that then deliver the gas to industrial customers like manufacturing plants, hospitals, and even small regional gas distribution systems servicing residential homes. The location NG selected, in the Town of Fenton (within spitting distance of residential communities Hillcrest and Port Dickinson) was approved by the Town of Fenton after a detailed review. The area NG selected is zoned industrial and is, in fact, a former dump site. However, residents from nearby neighborhoods in Hillcrest and Port Dick were not aware of the project (so they claim) and when construction began to clear the dump site, and residents learned what was going to be built at the site, some of them demanded court action to oppose it. Two court cases have been filed and a local judge has temporarily stopped construction at the site. Yesterday that judge heard arguments for and against. NG Advantage CEO Rico Biasetti was encouraged by the judges questions…
    Read More “Judge Hears Arguments For/Against Broome Virtual Pipe, Delay Stays”

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    Update on NG Advantage Virtual Pipeline near Binghamton

    What’s the latest with the proposed virtual pipeline in Broome County, NY? NG Advantage wants to build a “virtual pipeline” operation in a suburb of Binghamton. The location NG picked, after considering up to six locations in the region, was selected because of it’s proximity to major highways, proximity to the Millennium Pipeline, and availability of high-power electric lines. A virtual pipeline is nothing more than a compressor plant (series of compressor plants) that grabs gas from a pipeline, in this case the Millennium, and compresses it and loads it onto special tractor trailers that then deliver the gas to industrial customers like manufacturing plants, hospitals, and even small regional gas distribution systems servicing residential homes. The location NG selected, in the Town of Fenton (within spitting distance of Hillcrest and Port Dickinson) was approved by the Town of Fenton after a detailed review. The area they selected is zoned industrial and is, in fact, a former dump site. However, residents from nearby neighborhoods (Hillcrest and Port Dick) were not aware of the project (so they claim) and when construction began to clear the dump site, and residents learned what was going to be built at the site, some of them demanded court action to oppose it. So far we’ve had two court cases asking county-level court (called “Supreme Court” in NY) to stop the project, which it temporarily has. And there we sit–waiting on a local court. When traveling through the neighborhoods near the site you see plenty of “No Compressor Station” signs. Ask any of the locals why they oppose it and the issue pretty much centers on truck traffic. The plant itself is safe. It doesn’t emit anything in the way of air pollution. It’s quiet–running on electric motors. The only thing people have to complain about is 3-4 trucks an hour going in and out of the plant. That’s it. But that’s enough to warrant a major fuss. The very latest is that State Senator Fred Akshar and Assemblyman Clifford Crouch, both of whom represent people in the Town of Fenton, visited the NG Advantage facility in Vermont last week–a facility similar to the one proposed for Fenton. They wanted to see it for themselves. Neither rep really has a say in what will happen in Fenton (the matter is in the courts at this point), but at least they informed themselves about the issue and can talk, rationally, with some of their irrational constituents…
    Read More “Update on NG Advantage Virtual Pipeline near Binghamton”

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    Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30

    Yesterday MDN brought you the exciting news that Millennium Pipeline has asked the Federal Energy Regulatory Commission (FERC) to overrule the New York Dept. of Environmental Conservation–politicized and corrupted by Gov. Andrew Cuomo–and issue permission to commence construction of a very small 7.8 mile pipeline that will connect Millennium to a natural gas-fired power plant now under construction in Orange County, NY (see Showdown: Millennium Asks FERC for Permission to Ignore NY DEC). According to the law as written, if a state (like NY) does not act on a federal Section 401 Water Quality Certification stream crossing permit for 12 months, FERC has the right to step back in and issue the certificate. It would totally emasculate the corrupt DEC. But hold on. The DEC is once again using sleazy political tactics to try and forestall FERC from taking action. On Tuesday the DEC filed a letter with FERC requesting they hold off on granting Millennium permission to build–based on a technicality. Millennium first filed their application with the DEC 19 months ago. But the DEC says the initial application was “incomplete” and that the completed application, refiled by Millennium, didn’t happen until months later–and if you count the time from the refiled application, the DEC has until August 30th to issue the 401 water permit. And DEC says they will rule by or on August 30th. In a somewhat comical typographical error, the final paragraph of the DEC letter to FERC begins this way: “For the above reasons, I respectfully urge the Director of OEP to deny Millennium’s Request, or, alternatively, place the Request in abeyance until August 31, 3017…” Did you catch that? August of “3017.” Freudian slip? We’re sure the DEC would love FERC to delay a decision for another 1,000 years…
    Read More “Corrupt NY DEC Fires Back at Millennium, Claims Deadline is Aug 30”

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    Showdown: Millennium Asks FERC for Permission to Ignore NY DEC

    This is it folks. This is the case that will crush New York Gov. Andrew Cuomo’s blockade of important pipeline projects in the Empire State. For 19 months the New York Dept. of Environmental Conservation (DEC) has dithered around, at the prompting of Andrew Cuomo, and has refused to grant federal Section 401 Water Quality Certification stream crossing permits for a tiny 7.8 mile pipeline spur off the Millennium Pipeline in Orange County, NY, called the Valley Lateral Project, to feed a gas-fired electric generating plant that is now under construction. Statutorily NY has 12 months (1 year) to review such an application and act on it. NY has refused to act on it. So Millennium took the NY DEC to the U.S. Court of Appeals for the District of Columbia Circuit. In June the court dismissed the lawsuit by Millennium, which at first blush may seem like a blow. But it was the reasoning and opinion of the judges in dismissing the case that will change everything in New York. The judges said there is no case because if, as Millennium says, the DEC is denying the water permits, FERC itself has the power to jump back in and simply override NY DEC and issue the permits (see DC Court Tells Millennium FERC Can Override NY DEC Pipeline Delay). Last Friday Millennium pulled the trigger and did it–they sent an official request to FERC (copy below) that outlines their Herculean efforts to work with NY DEC over the past 19 months, and asks FERC to move forward with permission to build the pipeline anyway–IGNORING THE DEC. If FERC agrees (and we think they will), NY DEC is about to become irrelevant in ALL FERC-approved pipeline projects they are blocking, including the Williams Constitution and National Fuel Gas Northern Access projects…
    Read More “Showdown: Millennium Asks FERC for Permission to Ignore NY DEC”

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    Anti Groups Panic, Demand Govs Ban Fracking in Dela. River Basin

    Radical anti-fossil fuelers with THE Delaware Riverkeeper and New Jersey Sierra Club, along with a mish mash of other fringe “environmental” groups, are becoming shrill in their demand that fracking be permanently banned in the Delaware River Basin. Riverkeeper, Sierra Club and other nutjob groups are this week delivering a petition they claim has over 63,000 signatures (many of them made up or dead) calling on the governors of the four states that are part of the Delaware River Basin Commission (DRBC) to vote to permanently ban fracking in the DRBC’s jurisdiction. Each day this week the group of, whatever you call them, are delivering the petitions in staged media events, in each state capital. These groups have wanted and lobbied for a permanent ban for years. Why push so hard for it now? What’s the urgency? Why go on the road now to demand an outright ban? There is only one reason we can think of for why these radicals are pushing so hard now: they are running scared, concerned that a lawsuit by a Wayne County landowner in federal court will go against the DRBC and finally force the issue, allowing fracking (see Wayne County Landowner Files Brief in Case Against DRBC Frack Ban). Once fracking begins in the Delaware River Basin–and let us assure you, it will–and once everyone sees that fracking is safe and has zero impact on drinking water supplies, the lie anti-frackers have pedaled since Josh Fox and Gasland will be exposed for all to see. That’s why they are in a panic, “demanding” that fracking be banned, NOW. They need to get it banned before the judge makes a decision to allow it…
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    Report: New York City Needs More NatGas Pipelines, STAT

    New York City needs more natural gas pipelines–and it needs them BAD. That’s the upshot of a newly released report from the New York Building Congress, a trade group representing some 450 other building-related trade groups with 250,000+ members. The report, titled “Electricity Outlook: Powering New York City’s Future” (full copy below) says NYC needs more pipelines built before the Indian Point Nuclear plant closes in 2021–both for electric generation (to replace Indian Point’s electricity) and because of the prohibition coming on heavier fuel oil used for wintertime heating. Interesting (and mind-blowing) fact: 81.5% of the electricity flowing in the five boroughs of NYC comes from natural gas-fired electric plants. The report calls for the Federal Energy Regulatory Commission to promptly approve Transco’s Northeast Supply Enhancement Project, when FERC has a quorum, which will flow more PA Marcellus gas to NYC and New Jersey. The report also calls on officials to approve Millennium Pipeline’s expansion request in Upstate. Of course the irony is not lost on those of us who live in Upstate New York–the irony being that we could be the ones providing at least some of that natural gas to our cousins in the City, if sleazeball Gov. Andrew Cuomo hadn’t banned fracking. So yes, New York needs more natural gas and needs it asap, but New York has banned the production of it–so we’ll have to get it from places like Pennsylvania, Ohio and West Virginia instead. Bad for us, but good for them…
    Read More “Report: New York City Needs More NatGas Pipelines, STAT”

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    Trial Date Set for Corruption re Wayawanda, NY CPV Power Plant

    In September 2016, MDN brought you the sad news that the former head of external affairs and government relations for Competitive Power Ventures (CPV), Peter Kelly, was indicted for bribing New York Gov. Cuomo’s long-time top aide Joseph Percoco to get state approvals for CPV’s $900 million Valley Energy Center natural gas-fired electric generating plant in Orange County, NY (see NY NatGas-Fired Electric Plant an Inside Job for Corrupt Cuomo Aide). Both Kelly and Percoco were indicted. The trial date is now set, for Jan. 8, 2018. The Kelly/Percoco corruption was just one part of a much larger corruption scandal that threatens to taint Gov. Cuomo’s re-election campaign next year. The larger scandal involves something dubbed Buffalo Billions. Corruption runs so deep in New York, we feel filthy just reading about it. Yesterday a federal judge overseeing the larger case split the case in two. The part of the case involving the CPV bribe happens in January, while the Buffalo Billions case happens next May. We try to sort it all out below…
    Read More “Trial Date Set for Corruption re Wayawanda, NY CPV Power Plant”

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    NY DEC Tells Williams NE Supply Water Permit App is “Incomplete”

    In March of this year, Williams filed a full, official application for the Northeast Supply Enhancement project (see Williams Files with FERC to Expand Transco Pipeline to NYC, NE). The new project is meant to increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. Just two days ago we told you about an effort in NJ to oppose it (see Battle Heats Up for NJ-NY Raritan Bay NatGas Pipeline). Much of the Raritan Bay pipeline is located in New York territorial waters. In a case of “here we go again,” the New York Dept. of Environmental Conservation (DEC), which has been corrupted and politicized by Gov. Andrew Cuomo, sent a notice to Williams (to their Transco subsidiary) to declare the application for a 401 water-crossing permit for the Northeast Supply Enhancement project is deemed “incomplete,” pending certain items…
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    “Privileged White” Actor Cromwell Serves < Half of Jail Sentence

    Being famous (and “privileged” and “white”) has its perks. Actor James Cromwell, as we noted yesterday, reported to jail last Friday for refusing to pay a fine and do community service following his illegal activities in blocking construction at the $900 million CPV Valley Energy Center project in Wawayanda, NY (see “Privileged White” Actor James Cromwell Jailed for Power Plant Protest). In an interview with People magazine, Cromwell said he was “excited” to experience something most “privileged white people” don’t experience–time in the clink. Cromwell endangered himself and others with his actions. A judge found him guilty. He refused to pay a small fine, so he received a sentence of seven days. Although we assumed he was in the midst of his sentence when we posted our piece yesterday, alas, come to find out, he was not. Cromwell was already released–after serving just 3 days of his 7-day sentence–less than half of his sentence. Jail officials tossed him out Monday morning, after spending the weekend in jail. So yes, apparently being a famous Hollywood star who is “privileged” and “white” gets you a free get-out-of-jail card–at least in Orange County, where the wheels of justice grind differently, depending on race, economic status and celebrity…
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    “Privileged White” Actor James Cromwell Jailed for Power Plant Protest

    James Cromwell as Zefram Cochrane in Star Trek

    Hollywood actor James Cromwell is not only a privileged, spoiled 77-year old, he’s also self-loathing–because he’s white. That’s what we take from an article appearing in People magazine and its interview with Cromwell, who starred in movies like Babe, The Sum of All Fears and (one our favorites), Star Trek: First Contact. Cromwell, a Manhattanite, maintains a home in Orange County, NY (i.e. “Upstate”). When Cromwell learned that an electric generating plant that burns evil fossil fuels (natural gas) would be built near his home, he thought he would do what all Hollywood stars thinks will work–shut the project down by protesting. You know, because he’s famous. What a dope. After initial court challenges went nowhere, CPV (Competitive Power Ventures) began building the $900 million Valley Energy Center project in Wawayanda, NY (see Orange County, NY Marcellus-Fired Electric Plant OK’d by Judge). In December 2015, Cromwell and a few star-struck sycophants got themselves arrested for illegally blocking the entrance to the construction site (see Actor James Cromwell Arrested Protesting NY Power Plant Site). The wheels of justice grind slowly, but finally, two years later, the “Wawayanda Six,” as they call themselves, were found guilty and ordered to pay a fine. Some of the six did, but Cromwell and a few others refused. So last Friday Cromwell went to jail, where he’s sitting right now, for a seven-day sentence. Prior to heading off to the clink, Cromwell gave an interview to People in which he says, among other things, that’s he’s “excited” to be going to jail. He then said this: “So yes, I’m excited. I’m excited because I will have had an experience that not a lot of privileged white people have, what it’s like to be in there. What that system does to people who have no choice of how long they’re in there — they’re not gonna be in there for a week, they’re gonna be in there for years.” Our translation: Cromwell hates himself because he’s white and he’s privileged. Which is kind of ironic–because he tried to stop a $900 million project that will benefit the unprivileged people living in his area (with jobs and local tax revenue) precisely by USING his white, privileged status. Talk about conflicted!…
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