Category Archives: Courts and law

Why Virginia Has No Renewable Energy

offshore wind By Peter Galuszka

For all the hew and cry over renewable energy sources and the “War on Coal,” it is extremely interesting to see just how much progress Virginia has made with renewable energy. The answer: hardly any to none.

A moment of clarity came when I was perusing blog postings by IvyMain, a D.C. area lawyer and Virginia Sierra Club activist who is quite often ahead of the curve on energy issues.

She posted a table of how Virginia compares with neighboring states in development of solar and wind power.

Leading her list is West Virginia with 583 megawatts of wind power. Next is North Carolina with 335 megawatts of solar power. Maryland is almost equally split between solar and wind with 262 megawatts.

And Virginia? A whopping 18 megawatts of solar and zip-o wind.

The State Corporation Commission has written against proposal EPA regs limiting carbon emissions saying it would shut down too many coal-fired plants. Solar and wind could make up some of it, but the SCC claims that “there is still zero probability that wind and solar resources can be developed in the time and on a scale necessary to accommodate the zero-carbon generations levels needed” to help meet the EPA’s carbon emission goals by 2030. Even more curious, the SCC used EPA figures that Virginia has 351 megawatts of renewable power. Hmmm.

One can almost see a clever and duplicitous scheme here. One reason why Virginia’s neighbors have remarkably more renewable power than Virginia is that they have mandatory renewable portfolio standards. In Maryland, 20 percent of all electricity generated must come from renewable sources by 2020. In North Carolina, it is 12.5 percent by 2021 and in coal-rich West Virginia, it is 25% renewable by 2025.

Virginia’s “voluntary” goal is 12 percent by 2022. Why so little and voluntary? Easy. Dominion Virginia Power has a legal deal going where it has a “monopoly” on electricity distribution and according to IvyMain cracks down wherever possible on independent solar generation. She notes that Dominion squelched a solar project at Washington & Lee University a few years ago and has attacked similar plans. After preventing renewable power from developing, Dominion and its allies can then say we must keep big, traditional  facilities (nuclear, natural gas and coal-fired) going because there’s so little available on the renewable front.

Dominion, of course, is a huge political contributor. According to the Virginia Public Access Project, Dominion and Dominion Resources combined are the No. 1 corporate donors in this state. They gave about $1,042,580 this year. The No. 3 corporate donor is Alpha Natural Resources, a major coal company based in Bristol that gave $218,874.

Conservative commentators regularly pin the EPA’s flexible but stricter rules on a so-called “War on Coal” led by President Barack Obama. Yet, Virginia is a small coal producer compared to West Virginia, which is presumably ground zero in the fight against the Black Diamonds. So, how come West Virginia, the No. 2 coal state, has mandatory renewable standards and leads the pack in renewable energy?

The answer is that West Virginia’ leadership knows that its coal days are numbered and this started long before Obama came to power. The Mountain state has plenty of, well, mountains that can be great foundations for wind. So, too, does Virginia – the exact same mountain ranges in fact. But that doesn’t seem to matter. One noted right-winger blogged about the supposed “War on Coal” and then tried to preempt responses that broadened the reasons for coal’s demise:

“No lectures about the coal industry, please. I understand that the current woes of the coal industry stem in large measure from coal’s loss of competitiveness to natural gas as a fuel and to cyclical movements in the market for metallurgical coal (used by the steel industry). However, the Appalachian coal industry still produces a lot of steam coal for power plants, and the EPA rules would destroy much of that market. Clearly, the EPA rules, which are not yet in effect, have not yet destroyed a single coal-mining job. Come back to me in 2020 and it will be a very different story.”

Today’s New York Times has a story about political races in West Virginia where coal and Obama are naturally issues. The story contains this revealing passage:

“The coal industry’s long decline is economically complex. When Alpha Natural Resources, one of West Virginia’s largest coal operators, warned 1,100 employees of potential layoffs in July, it blamed a worldwide glut of coal, competition from cheaper natural gas, and lower-cost coal from western basis – as well as Environmental Protection Agency regulations.

“But in the charged political arena, complexities fade and both sides identify a sole culprit for the industry’s struggles: the administration’s anti-coal regulations.”

So there you have it. In Virginia, rules are set up to prevent renewables from being established while political types and their conservative blogger handmaidens beat the drum against the EPA and Obama.

Brat’s Strange Immigrant-Bashing

BratBy Peter Galuszka

It must have been an interesting scene. Congressional candidate David Brat had been invited to a meeting of the Virginia Hispanic Chamber of Commerce along with his Democratic rival Jack Trammell to outline his views on immigration and undocumented aliens.

Brat, an obscure economics professor who nailed powerhouse Eric Cantor in a Republican primary for the 7th Congressional District in June, danced around the topic, according to a news account.

It took several attempts to get him off his spiel on just how wonderful free market capitalism is to actually address the issue at hand. Before him were a couple dozen business executives, many of them Hispanic.

They, naturally, were interested in Brat’s views because of his over-the-top Latino-baiting during the primary campaign. One of Brat’s ads trumpeted: “There are 20 million Americans who can’t find a full time job. But Eric Cantor wants to give corporations another 20 million foreign workers to hire instead.”

Finally, Brat claimed, “I have never said I’m against legal immigration.” He later said, “nations that function under the rule of law do well.” Brat also said he wants to “secure” the U.S. border with Mexico. Trammell said he supports the DREAM Act that could provide a path to U.S. citizenship for some of the 11 million undocumented aliens in this country.

Brat’s immigrant-baiting and his “rule of law” smacks of a lot of ugliness in American history. “Know–Nothings” of white Anglo Saxons beat and harassed Catholic immigrants, primarily from Ireland. Chinese were harassed on the West Coast and Japanese-Americans were locked up in concentration camps during World War II. Jewish newcomers were met with restrictive covenants and college quotas.

In Richmond during the 1920s, efforts by Catholic Italian-Americans to build a monument to Christopher Columbus were fought by the Ku Klux Klan, which insisted that any such statue not dirty-up Monument Avenue and its parade of Confederate generals. Columbus had to go elsewhere in the city.

There’s a new twist and judging from Brat’s behavior on Tuesday. He seems uneasy by getting so out front on immigrant-bashing. He’s not the only Republican to take such strident stands. Look at New Hampshire, where Scott P. Brown, a Republican, faces Jeanne Shaheen, a Democrat, in a closely-watched race for the U.S. Senate.

Groups backing Brown, such as John Bolton, the surly former U.S. Ambassador to the United Nations, have run anti-Shaheen ads showing throngs of people clambering over a border just before showing Islamic militants beheading James Foley, a journalist and New Hampshire native, according to the New York Times. The ad was pulled after the Foley family complained, the Times says.

A major coincidence is that the Times‘ description of New Hampshire almost matches that of Virginia’s 7th Congressional District. Neither seems a hot bed of immigrant strife and threats.

The Granite State has one of the smallest populations of illegal immigrants in the country, the Times says. Of the state’s 1.3 million residents, only 5 percent are foreign-born and 3 percent are Hispanic.

The Virginia district has a population of 757,917 of whom 12.7 percent are foreign born and 4.9 percent are Hispanic. Most of the residents, 74.3 percent are white.

The district runs from the largely white and well-off western Richmond suburbs in Henrico and Chesterfield Counties and scoots northwest across mostly rural farmland to east of Charlottesville and up to Madison. With only 7.6 percent of the people living below the poverty level, it isn’t exactly a barrio of Los Angeles.

It is hard to imagine hordes of brown-skinned people swarming from up Mexico or Central America displacing the managerial executives, small business people and farmers in the Seventh. People that Brat seems to be worried about are employed in other nearby areas, such as the poultry plants of the Shenandoah Valley. But those workers are there because of local labor shortages. One wonders where Brat gets his ideas that illegal immigrants are going to steal true-blue American jobs in his district.

Last June during the primary, there was plenty of news about thousands of young Hispanic children coming across the southern border from Central America. At the time, there were estimates that up to 90,000 such children might come illegally into the U.S. this year. Many are fleeing gang violence in their homelands.

This is apparently what Brat is running against – a bunch of poor, 12-year-old Nicaraguans out to steal jobs and provide cover for Islamic terrorists. Their plight is a serious issue, but it is a humanitarian one. Brat chose to make it an odd classroom lesson in economics. He says the U.S. should not put up “green lights” and “incentivizing children from other countries to come here illegally and at their own peril.”

The news from the border seems to have calmed down since June. Brat may have found that now it is likely he’s going to Washington, playing the Hispanic-baiting card may not work as well on the national scene as it apparently did in his mostly-white district. It could be why he was hemming and hawing so much before the Virginia Hispanic Chamber of Commerce.

Illegal immigrant Ayn Rand

Illegal immigrant Ayn Rand

Perhaps other Republican politicians are having the same epiphany. As the New York Times writes: “Republicans have long relied on illegal immigration to rally the conservative base, even if the threat seemed more theoretical than tangible in most of the country. But in several of this year’s midterm Senate campaigns — including Arkansas and Kansas, as well as New Hampshire — Republicans’ stance on immigration is posing difficult questions about what the party wants to be in the longer term.”

There’s another strange contradiction with Brat. He’s a former divinity student interested in probing how unfettered free market capitalism can magically make the right choices for the betterment of mankind.

He draws a lot of his thinking from Ayn Rand, the famous thinker, refugee from the Bolsheviks and backer of her own brand of anti-government capitalism.

It may interest Brat that by today’s standards, Rand would have been an illegal immigrant.

When Big Data Turns Bad

Big Brother is listening

Big Brother is listening

How the heck did this happen? From Wired magazine: Five police agencies in Hampton Roads have been compiling a massive database of telephone records under the aegis of the Hampton Roads Telephone Analysis Sharing Network. The localities include Hampton, Newport News, Norfolk, Chesapeake and Suffolk. Writes Wired:

The effort is being led in part by the Peninsula Narcotics Enforcement Task Force, which is responsible for a “telephone analysis room” in the city of Hampton, where the database is maintained.

The unusual and secretive database contains telecom customer subscriber information; records about individual phone calls, such as the numbers dialed, the time the calls were made and their duration; as well as the contents of seized mobile devices. The information is collected and shared among police agencies to enhance analysis and law enforcement intelligence.

Rob Poggenklass, a staff attorney at the American Civil Liberties Union of Virginia said:

The database runs afoul of a privacy law in Virginia known as the Government Data Collection and Dissemination Practices Act, designed to curb the overcollection and misuse of digital personal information by state and local agencies.

He points to an interpretation of that law issued last year by Virginia’s attorney general in reference to controversial automated license-plate readers that police departments nationwide have adopted enthusiastically in recent years.

Maybe there’s an innocent explanation for this. Maybe it marks a scary expansion of police power. One way or the other, we need a full airing of what’s going on.

–JAB

More Coal Industry Propaganda

coal woman By Peter Galuszka

If you read a blog posting just below this (the one with the coal miner with an intense look on his grit-covered face), you will see how hyperbole, confusion, misunderstanding, ignorance and one-sided arguments twist something very important to all Virginians – how to deal with carbon dioxide and climate change – into a swamp of disinformation..

The news is that the State Corporation Commission has responded to the federal government’s proposed rules that carbon emissions be cut 30 percent below 2005 levels by 2030 by complaining that it would cost ratepayers up to $6 billion.

This is because Virginia utilities may have to shut down 2,851 megawatts worth of electrical generation with only 351 megawatts (at present) of “unreliable” wind power to replace it.

The image one gets from the presentation of the blog post is that it is “The EPA’s War on Virginia” with the haggard-looking miner thrown in, we are given the impression that it is more of the “War on Coal” that the coal industry has been promoting in recent years to blunt much-needed mine safety laws and moves to police highly destructive mountaintop removal practices.

The author does not address any of this. But since he’s handing us the “War on Coal” propaganda line, let’s take his arguments apart. This won’t take too long.

  • The author fails to note part of the Richmond Times Dispatch story upon which he bases his opinions. There is a very important comment: “It appears the staff has misread the rule,” said Cale Jaffe, director of the Southern Environmental Law Center’s Virginia office. “Analyses that we have reviewed show that Virginia is already 80 percent of the way to meeting Virginia’s carbon pollution target under the Clean Power Plan. “Almost all of those reductions are coming from coal plant retirements and natural gas conversions that the utilities put in place long before the Clean Power Plan was even released,” Jaffe said.
  • That said, let’s take a look at coal-fired plants in the state which are the biggest carbon offenders. For starters let’s look at Dominion Virginia Power, the state’s largest utility. It has already converted three coal-fired plants – Altavista, Southampton and Bremo Bluff – to biomass. The 50-plus-year-old Yorktown plant (335 megawatts) is due to retire in 2015. Another aging plant – Chesapeake (609) megawatts — is also due to retire by 2015. The point here is that these plants are being closed because Dominion realizes that it is just too hard to keep 50 or 60 year plants operating efficiently and cheaply. It would be like keeping that 1960 Corvair because you don’t want to put oil workers out of work.
  • Dominion’s biggest problem and the biggest single air polluter in the state is the Chesterfield station with 1380 megawatts. Yes, it does need more controls. Then there’s Clover (882 megawatts) and Mecklenburg (138 megawatts). That brings us up to 2400 megawatts that might need upgrades. Let’s see. The two nuclear units at North Anna put out a little more than 1,700 megawatts just so we get some scale here. Dominon also has Virginia City (585 megawatts) which just opened, uses coal and biomass and has advanced fluidized bed burning methods.
  • Out west, Appalachian Power has 705 megawatts at Clinch River and 430 megawatts at Glen Lyn. Two of those three units there were built in (my God!) 1944 so I guess the blog author wants to keep those great granddaddies running to save miners’ jobs. Actually they are so unneeded that they have been on extended startups.Besides these Cogentrix has a couple small, modern plants in Portsmouth and Hopewell.
  • One reason there so little renewable generation (6 percent) is that the utilities do not have mandatory renewable portfolio standards to force them into wind and solar, etc. Virginia’s neighbors do.

All of this gets back to Jaffe’s point that the blog author so easily ignores. A lot of the carbon cuts are going to come from plants that are aging and are going to be closed anyway.

The SCC may complain about the $6 billion but guess what, you beleaguered electricity users? If Dominion puts a third nuke at North Anna, that’s easily $10 billion. Is that going to raise rates sky high? Where’s the outcry? It’s almost double what helping save the planet from carbon dioxide will cost.

The blog author’s hyperbole about the poor coal industry shows his ignorance of the topic. Virginia’s rather small coal industry (No. 12 in production) reached its peak in 1991. Natural gas has displaced a lot of expensive coal. Gas prices would have to triple to make Central Appalachian coal competitive again. There’s lots of metallurgical coal for steel, but the Asian economic slump has dropped prices maybe 60 percent.

I won’t comment on the author’s lame and misunderstood point about climate change not happening.

The blog author may want to blame that on Obama and the EPA but that would be almost as ridiculous as his blog post. I decline to name him because I don’t want to embarrass him.

“The Icy Elegance of Arthur Ashe”

Arthur-Ashe-2 By Peter Galuszka

 Arthur Ashe is one of the finest athletes Virginia ever produced and is well known for his work in social and social justice. There have been been many books written about him, including his autobiography, but here’s one of the latest, written by a professor at Georgia Southern University. Here’s a book review I did for Style Weekly:

The Life magazine cover photo from Sept. 20, 1968, nails it.

In traditional tennis whites contrasting against his dark skin stands a lean, intense, Richmond-born athlete at the net clutching a tennis racket. The headline reads: “He topped the tennis world. The Icy Elegance of Arthur Ashe.”

Ashe was all that and more. He spent his childhood hitting the ball about segregated Brook Field Park in Richmond’s North Side and endured decades of racism at home and abroad. By 1968, he was using his vicious backhand and killer serve — 26 aces in one match — to become the first black player to win the U.S. Open. It was just one rung on a marvelous tennis career in a sport that had been almost completely closed to members of his race.

Ashe was anything but conventional. His father, Arthur Sr., was a strict disciplinarian who taught him courtesy and responsibility. As a gentlemanly young player in the 1950s, he quietly endured insults from the likes of the Country Club of Virginia, where he was unwelcome to play in city tournaments. He ended up working the all-black American Tennis Association circuit before finally escaping Richmond’s racism to St. Louis and then the University of California at Los Angeles, where he emerged as a top U.S. Davis Cup team member.

Along the way, he slowly developed a sense of social justice that burned in him until his death in 1993 from AIDS, which he acquired in a blood transfusion during heart surgery. Ashe’s rise as an activist against racism is well documented in Eric Allen Hall’s new book, “Arthur Ashe: Tennis and Justice in the Civil Rights Era,” (Johns Hopkins University Press). It should be of special interest locally, with Ashe’s statue standing in marked contrast just down Monument Avenue from the Confederate generals.

To read more, click here:

Good Ruling on Congressional Redistricting

The 3rd Congressional District

The 3rd Congressional District

 By Peter Galuszka

A panel of federal judges in Richmond has scrambled the carefully laid plans of legislators, most of them Republicans, to pack African-American voters into one congressional district to give the GOP an advantage in some of the  state’s 10 other districts.

The panel of U.S. District Court judges decreed that the General Assembly’s 2012 decision to draw new boundaries in the 3rd Congressional District stretching from Richmond east to several Tidewater cities was in error.

The state has until next April to redraw the 3rd District, now represented by U.S. Rep. Robert C. “Bobby” Scott, a Democrat who is the state’s only African American congressman.

That will undoubtedly impact other districts represented by white Republicans including U.S. Rep. Randy Forbes of the 4th District, U.S. Rep. Scott Ringell of the 2nd District and Robert J. Whitman of the 1st District.

This is indeed an interesting start to what could end up being a messy line of dominoes falling. And it shows just how wrongheaded politicians are when they tinker with voters by race by packing people of color in one district so races in other ones will be decidedly less competitive.

It also raises other questions about ways the GOP is doing its best to minimize the influence of young and non-white voters through the use of voter identification cards and other means.

To get an idea of how nuts the 3rd District is, look at a map. Moving west to east, it goes through eastern Richmond and Henrico County, swoops down the James River peninsula, and hop-scotches parts of the 1st District to include heavily African-American parts of Newport News and Hampton. Then, the District crosses Hampton Roads to include heavily black parts of Norfolk and Portsmouth and then heads west again to take also-black parts of counties on the south shore of the James River.

Scott is Virginia's only African-American Congressman

Scott is Virginia’s only African-American Congressman

This scheme packs African-Americans into one unit while mostly-white parts of Virginia Beach, Norfolk and Chesapeake and Williamsburg are covered in the 1st, 2nd and 4th Districts, all represented by white Republicans. Mostly-black Petersburg, a city of 32,000, was taken out of the 4th District and put in Scott’s 3rd District, giving white Republican Forbes of the 4th District an advantage.

Democrats such as State Sen. Mamie Locke have long complained about schemes that hop-scotch geography to give white candidates an advantage. They want tighter, more contiguous districts.

One can tell just how serious this is when Del. William Howell, the Republican House Speaker, had nothing to say about the court’s decision. He will have to somehow help navigate drawing up new district plans.

He’s really under the gun. He can’t just set up a road block as he did with Medicaid expansion and tell Democratic Gov. Terry McAuliffe where to stick it. If Howell shuns a bipartisan effort, then McAuliffe would likely veto whatever he and his colleagues come up with. Then it would go back to the judges to decide.

It is in Virginia’s interest to make sure all of its districts and not just ones for Congress are shaped to allow for more competitive races. Very few elections for state positions are contested. This, in turn, ruins bipartisan consensus and makes the primaries, usually for Republicans, more consequential than the races themselves. The results are either legislative gridlock or laws that have little to do with the wishes of many voters.

Another issue that needs to be addressed is what Mother Jones magazine has identified as a large-scale, national effort, mostly by Republicans, to make it harder for minorities and young people to vote. They tend to vote Democratic and helped Barack Obama win the presidency in 2008 and in 2012.

Since 2012, 22 states have passed new voting restriction laws that shorten voting hours or require a government-issued identification card or proof of citizenship. North Carolina has perhaps the worst of such measures. There are shorter hours and no more same-day registration to vote. It even gives the nod to “poll watchers” who can stand around outside polling places and hassle voters about their eligibility to vote. I guess that means if you look black or Hispanic or youthful, you get rousted by vigilantes. The odd part is that states, including Virginia, went for more restriction when there wasn’t much evidence of voter fraud.

To be sure, Virginia’s redistricting efforts were begun by federal initiatives such as the Voting Rights Act which gave Bobby Scott an opportunity to win as an African-American in the early 1990s. The Voting Rights Act was meant to ensure that minorities were represented but that concept has been cynically morphed into a Frankenstein that keeps minorities “packed” in a district or districts so whites maintain their hold on most of the other districts in a state.

The court’s decision is most welcome. Let’s hope it grows into a movement to return democratic competition and ends undemocratic restrictions like demanding extra and unnecessary pieces of identification for qualified voters.

 

Et Tu, McAuliffe?

mcauliffeBy Peter Galuszka

Sure, parents want to help their children but in the case of former State Sen. Phillip Puckett, it is getting ridiculous.

And the latest disclosure in this morning’s Washington Post makes the Terry McAuliffe administration look just as sleazy as their Republican counterparts.

Puckett, of course was a Democratic senator who held a key vote when McAuliffe, also a Democrat, was desperately trying to get past a GOP road block in the General Assembly to somehow expand Medicaid health coverage to some of the 40,000 low income people who might be eligible.

GOPers knew that Puckett’s daughter, Martha Puckett Ketron, wanted a job as a District Court judge but could not be appointed as long as she had a relative in the Senate. So, they pitched a deal where Puckett would resign on the eve of the key Medicaid vote, throwing the decision the Republican way.

In exchange, Puckett might get a six figure job with the infamous Virginia Tobacco Indemnification and Community Revitalization Commission, thanks, in part to the influence of the powerful Terry and Jerry Kilgore brothers. That would clear the way for Puckett’s daughter’s judgeship.

It all came out and the FBI is probing.

Now, it turns out that, Paul Reagan, McAuliffe’s chief of staff, left a curious voice mail on Puckett’s phone on the eve of the vote. It suggested that Puckett’s daughter could get some kind of high profile state job if he stayed in the Senate and voted McAuliffe’s way.

So much for McAuliffe taking the high ground on ethics reform following the spectacular corruption conviction of former Gov. Robert F. McDonnell.

Good Luck With McAuliffe’s Ethics Panel

Image: Verdict Reached In Corruption Trial Of Former Virginia Governor McDonnell And His WifeBy Peter Galuszka

Despite the obvious need, Virginia still has done very little to address its monumental problems with ethics reform. The latest endeavor was announced yesterday by Gov. Terry McAuliffe, but it seems too much like just another panel.

And panel it is. McAuliffe has created the 10-member Commission to Ensure Integrity and Public Confidence in State Government. The good news is that it is bipartisan and seems filled with reasonable people, including Christopher Howard, president of Hampden-Sydney College and Sharon Bulova, chairwoman of the Fairfax County Board of Supervisors.

Leading it will be for Lt .Gov. Bill Bolling, a Republican who has shown good sense in recent years and got screwed over by party hardliners who maneuvered to get former Atty. Gen. Kenneth Cuccinelli, a wild man, to run and lose in the 2013 governor’s race. His Democratic counterpart will be Rick Boucher, a former legislator from southwest Virginia.

The plan is to present a package of reforms that will deal with gift-giving and donations to politicians, and redistricting, or possibly redesigning some districts away from the madness that some, and mostly Republican legislators have created.

The impetus, naturally, is the first-ever conviction of a governor for corruption. Three weeks ago, a federal jury gave a resounding “guilty” on felony charges against Robert F. McDonnell and his wife Maureen. The U.S. Justice Department stepped in because Virginia’s state ethics laws were so ridiculously lax no one could ever have made the case. There had been lots of “gee, I don’t see a smoking gun” jabber on this blog and elsewhere, but, hey, why not poll the jury?

Just as the McDonnells were being indicted last January, the 2014 General Assembly considered ethics reform but did squat. It made accepting more than $250 in gifts verboten and expanded disclosure requirements to immediate family but the Republican-led led legislature left in a pile of loopholes. “Intangible” gifts, such as African safaris or trips to the Masters golf tournament are A-OK.

What’s needed is a real ethics commission with subpoena power. McAuliffe’s action was quickly derided by such leading lights of ethics reform as House Speaker Bill Howell and Senate Majority Leader Thomas K. Norment. These two Ayatollahs of the Status Quo claimed that McAuliffe was a “latecomer” to an issue that they obviously have done nothing to improve despite their many years in office.

GOP Party Boss Pat Mullins took an irrelevant swipe at McAuliffe’s perceived ethics problems long before he was even governor.

Redistricting is just as important as ethics and I’m glad it is being addressed. Many Virginia districts have been gerrymandered to keep a particular party in office in ways that  protect the status quo and prevent change. Of 100 House of Delegates races in 2013, “only 12 to 14 were competitive,” notes Leigh Middleditch Jr., a Charlottesville lawyer and a founder of the Sorenson Institute for Political Leadership at the University of Virginia, told me earlier this year.

Stephen Farnsworth, a political analyst at the University of Mary Washington, has studied gerrymandering for years and believes it negates general elections in favor of party primaries where a handful of hard right radicals can dominate.

This is especially true in some rural districts where tiny cadres of activists, again mostly Republicans, dominate the picks for primaries. It doesn’t matter what the general public thinks or wants. A narrow minority worms its way in power and becomes beholden not necessarily to the party overall, but a little slice of it.

That is why so little gets done.

The very fact that leaders like Howell and Norment are in place and the primary system will make McAuliffe’s efforts very difficult. One wonders if you could go outside the diseased legislative system and forced change through the courts.

It worked before against such Virginia travesties as Massive Resistance. Something to consider.

Tobacco Commission Needs Huge Makeover

tobacco leafBy Peter Galuszka

One more glaring example of mass corruption in Virginia is the grandly named Virginia Tobacco Indemnification and Community Revitalization Commission formed 14 years ago to dole out Virginia’s share of a $206 billion settlement among 45 other states with cigarette makers.

I’ve been writing for years about how millions of dollars are doled out with little oversight to economic development projects supposedly helpful to the former tobacco-growing parts of the state from the bright leaf belt around Dinwiddie out west to the burley leaf land of the mountains.

There have been no-strings giveaways to absentee tobacco quota holders, a board member sent to prison for siphoning off grant money and the shenanigans of the extended Kilgore family which is very politically powerful in those parts. The commission even figured in the McDonnell corruption trial starring the former and now convicted governor and back-slapping witnesses for the prosecution, entrepreneur and tobacco-believer Jonnie R. Williams Sr.

I revisit the issue in Sunday’s Washington Post and I ask the obvious question of why no one seems to watching the commission. I raise broader ones, too, such as why the commission  serves only people in the tobacco belt. That doesn’t seem fair since the Attorney General’s office represented all of the state in the 1998 Master Settlement Agreement against four major tobacco firms. People in Hampton Roads, Arlington, Onancock and Winchester should be benefit but get nothing from the settlement. They didn’t  because tobacco road legislators pulled a fast one back in 1999 when they set things up.

There needs to be a thorough disassembling of the commission’s current governance structure with many more people far from Tobacco Road included. There’s far too much family and friend back-scratching as it is. It is like watching a vintage episode of the Andy Griffith show but it really isn’t funny.

(Hat tip to James A. Bacon Jr. who spotted the commission as a great story back in the year 2000 when he was publisher of Virginia Business).

So, please read on.

Richmond’s Tech Star in Kickback Scheme?

HDL LogoBy Peter Galuszka

Critics of the American healthcare system have long cited hidden charges as one reason why costs are so high and why reform is needed.

So, it is disturbing to read a report on the front page of today’s Wall Street Journal that Health Diagnostic Laboratory, arguably the most successful of the biotechnology firms to come out of a much-touted research park in Richmond, is implicated in a possible scheme to pay kickbacks to doctors who use its blood testing services.

The Journal reports:

Until late June, HDL paid $20 per blood sample to most doctors ordering its tests — more than other labs paid. For some physician practices, payments totaled several thousand dollars a week, says a former company employee.

HDL says it stopped those payments after a Special Fraud Alert on June 25 from the Department of Health and Human Services, which warned that such remittances presented “substantial risk of fraud and abuse under the anti-kickback statute.

HDL Chief Executive Tonya Mallory told the Journal that her firm “rejects any assertion” that the company grew as fast as it did “as a result of anything other than proper business practices.”

Meanwhile, HDL has sent Bacon Rebellion this updated response.

Others say that paying doctors fees sets up the chances for fraud, especially in Medicare, one of HDL’s biggest markets, the Journal reports. Other testing firms, the Journal reports, pay doctors nothing for using their services.

This is bad news for what was Richmond’s Poster Child of successful high tech startups after years of flops at the Virginia Biotechnology Research Park. Founded in 2008 under Mallory’s leadership, HDL zipped up to $383 million in revenues with 41 percent of that coming from Medicare,” the Journal says.

Much of the issue seems to be related to how accurately and fairly to define what is merely drawing a patient’s blood and how much goes for “P&H” or processing and handling. A problem is that Medicare doesn’t pay any more than $3 for merely drawing blood. HDL has estimated that the “P&H” part is worth about $17. The firm claims it has special proprietary methods that give it an edge.

According to Virginia Business magazine, which named Mallory its person of the year last year:

Mallory, 48, founded HDL in the summer of 2009. Since then, it has grown from a kitchen-table business plan to a corporation earning more than $420 million in annual revenue, employing 750 people, processing 4,000 lab samples and running more than 60,000 lab tests each day. HDL has driven near constant construction at its home in downtown Richmond’s Virginia BioTechnology Research Park, where a $68.5 million expansion soon will triple the company’s footprint to 280,000 square feet.

Last year Mallory received the Ernst & Young National Entrepreneur of the Year award in the Emerging Company category. One of the country’s most prestigious business awards for entrepreneurs, it recognizes leaders who demonstrate innovation, financial success and personal commitment as they build their businesses.

The Journal, however, quotes several disgruntled employees and notes that Mallory had worked for a California firm called “Berkeley Heart Lab Inc,.” which began using tests called “biomarkers” which can predict future health problems by analyzing blood.

Mallory, who was raised in Hanover County and attended Virginia Commonwealth University, was senior lab-operations manager at Berkeley until she left for Richmond in 2008, the Journal says. Two Berkeley sales executives went with her and formed a company that ended up marketing HDL’s products.
Berkeley sued HDL, accusing it of stealing its business. HDL denied the allegations. HDL settled one case for $7 million, the Journal says, but other cases are pending.