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Saturday, June 15, 2024

100 blocks by toxic NYC canal being tested for cancerous vapors — residents demand answers

 The state is quietly investigating roughly 100 blocks in and around Brooklyn’s toxic Gowanus Canal to determine how many are contaminated with cancer-causing vapors and other hazardous substances, The Post has learned.

The state Department of Environmental Conservation began its probe in September following public outcry over reports it waited nearly two years to alert the public that cancer-causing vapors nearly 22 times the amount considered safe escaped from polluted soil and into a popular shuffleboard club.

Records show recent air-quality tests inside the Royal Palms Shuffleboard Club on Union Street have since come back as “safe” once steps were taken to reduce harmful fumes by venting underground contaminants — but many other properties in the testing area, where thousands of people live and work, continue to show high traces of toxicity.

The state Department of Environmental Conservation began investigating roughly 100 blocks in and around Brooklyn’s toxic Gowanus Canal to determine how many properties there have been hit with hazardous vapors.Helayne Seidman

One building, which DEC refused to publicly identify, had air levels of the chemical trichloroethylene, or “TCE” — an industrial solvent linked to cancer, Parkinson’s disease and other ailments — 450 times above acceptable levels, according to tests taken last year.

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Similar tests conducted in 2023 at 543 Union St., a massive 19th Century-era building occupied by 22 businesses, also found TCE fumes on site dozens of times, including one reading 255 times above “safe” levels.

Many other neighborhood buildings are former manufacturing sites that saturated soil with toxic coal tar.

Over the past century, much of the coal tar – dubbed “black mayonnaise” by longtime residents — also seeped into the canal, which is one of the nation’s most polluted waterways and undergoing a massive federal Superfund cleanup.

DEC Interim Commissioner Sean Maher insisted his agency is committed to working with Gowanus-area property owners to get buildings tested and then “mitigate” any potential contaminants.

“We are all in on this community,” Maher told The Post. “We’re doing a lot of really important work and are really excited about the progress we are making.”

Thomas Jensen tests soil and groundwater at a private construction site at 300 Nevins Street near the Gowanus Canal to see if there’s contaminants.Michael Nagle

However, residents said they’re disgusted with the DEC’s and other government agencies’ lack of transparency — and terrified for their own health.

“This should be about cancer prevention and making sure people aren’t breathing in this stuff and getting sick,” fumed Seth Hillinger of the advocacy group Voice of Gowanus.

“[But] the state is doing just the opposite of what they should be doing to get the word out. There’s no signage anywhere — no warnings” telling the public a building tested toxic.

Martin Bisi (left) and Seth Hillinger of the grassroots group Voice of Gowanus say the state DEC should be doing a better job informing the public that many sites along he canal could be hazardous for occupants.Michael Nagle

Many revelations only came to light thanks to Toxics Targeting, an Ithaca, N.Y.-based environmental database firm hired by Voice of Gowanus that discovered damning DEC documents buried on the agency’s website.

“DEC knew” by early 2023 “about the astoundingly high TCE contamination, [but] never mentioned the actual contaminant levels in multiple meetings, never posted a single warning sign,” said Walter Hang, who heads Toxics Targeting.

“This is shockingly irresponsible. Gov. [Kathy] Hochul must be held accountable for failing to safeguard public health in the Gowanus Canal community.”

However, the lack of information about the investigation could also be traced directly to property owners.

At one site, readings showed contaminants 450 times the amount considered safe. Source: NYS Department of Environmental Conservation records.New York Post

DEC targeted 626 properties to test during the ongoing first phase of its “soil vapor intrusion” study, yet so far only about 100 agreed to provide access, agency officials said.

DEC’s policy is to let property owners decide if testing is needed, even if the site is surrounded by known toxic land.

Hiillinger and other residents attribute the lack of cooperation to many property owners being worried that bad test results could cause their property values to plummet.

Property owners could also lose steady rental income as they’d be required by law to tell tenants if they’re living or working in a toxic building.

Joan Rodriguez, who owns a home on the corner of President and Bond streets, agreed to have part of her basement tested in November by a DEC contractor for harmful vapors.

Although her home was deemed safe, she still fears she’s in danger as more high-rise construction projects continue to be built along the canal.

The horrific fumes coming off the Gowanus Canal were too stinky for some people Wednesday walking over the Union Street Bridge.Michael Nagle

Like some environmentalists and other residents, she’s concerned the new construction was hastily greenlighted by state and city officials desperate to relieve New York’s housing shortage — but without allowing for a full environmental cleanup.

These critics allege coal tar and other toxic substances could be shifting underground during construction to other properties through a waterway connecting to the canal.

“We live here because we want to live here — and made that choice before anyone told us these buildings were toxified,” said Rodriguez, 65.

DEC declined to address whether a large mixed-use development with housing going up next door to the shuffleboard club and other nearby construction projects are creating health issues for neighbors, and it declined to say how many of the 100 properties tested were found to have unsafe air.

Peter Dumbadze, an architect who works at 543 Union Street, said he’s not worried about the building being a health hazard because recent tests show the air inside is safe.Michael Nagle

David Dumbadze, who runs at architecture firm at 543 Union, said he’s not worried about his health because DEC and the US Environmental Protection Agency took steps to ensure the building’s air is now safe – and the most recent tests show it.

However, he is worried about the overall health of the neighborhood.

“We’re seeing a lot of development [on] a lot of soil that hasn’t been tampered with in over 100 years,” he said. “At least here, we are seeing remediation efforts.”

https://nypost.com/2024/06/15/us-news/100-blocks-by-gowanus-canal-in-nyc-being-tested-for-toxic-vapors/

Dutchman who gets Nike and Lego into wartime Russia’s stores

 Nike stopped selling its sportswear to Russia soon after Moscow launched its full-scale invasion of Ukraine over two years ago. But that hasn’t stopped footballstore.ru, an online sports retailer owned by Russia’s Zenit soccer club.

Among the dozens of Nike-branded items the site offers are the U.S. sportswear maker’s Phantom GT2 Elite soccer boots, for 29,999 roubles, or around $330.

The man who got these shoes to Russia is Wijnand Herinckx, a 40-year-old Dutch citizen who lives in Moscow. Since the conflict began, Herinckx has built a thriving business that provides Russian consumers with Western goods whose makers have pulled out of Russia.

“Nike does not want their products to be shipped to Russia,” Herinckx told Reuters in a video call from his office on the outskirts of Moscow, where shelves are stacked with boxes of Western branded footwear. But he added: “They are also not telling us not to do it.”

Both Nike and Lego told Reuters they have not authorized Herinckx’s imports of their goods to Russia.

By examining customs data, corporate records and internal company documents, and by speaking to Herinckx himself, Reuters learned how his business obtains branded goods including Nike and Lego: It uses intermediaries with no apparent connection to Russia as buyers, then ships the goods to Russia – often via Turkey – and finally delivers them to retailers in Russia.

There are at least dozens of firms like Herinckx’s employing grey-market methods to get Western goods to Russia, according to a Reuters analysis of customs data. His operation shows how attempts by Western governments and brands to isolate Russia’s economy are crashing into a reality of global business: Where there’s demand, someone will meet it.

Western governments’ restrictions have mostly focused on industrial products that can be used to build weapons for Russia’s war machine. Such products are usually subject to U.S. and European Union sanctions. Herinckx said his focus is on consumer goods not covered by sanctions. Reuters found no evidence that his firm was violating sanctions.

But companies like Herinckx’s are indirectly helping the Russian economy: Consumers can still buy foreign goods they’ve grown used to since the collapse of communism more than a generation ago. Customs data analyzed by Reuters showed, for example, the value of Nike products imported to Russia plummeted 81% in 2022 to $21 million, but rebounded in 2023 to at least $74 million.

The sportswear giant said it did not supply Herinckx’s firm or any associated businesses. “We no longer have any Nike-owned physical or digital retail operations in Russia,” it said in a statement. “We do not ship any product to Russia, nor do we authorize any marketplace partners to distribute product there.” It also said it has a dedicated team to investigate unauthorized distribution channels. A spokesperson didn’t respond to questions about how the products were reaching Russia.

In mid 2022, following Moscow’s invasion of Ukraine, Nike announced it was exiting Russia and Lego said it was closing its Russian business.

As global brands halted sales or stopped exports over the invasion, Russia authorised businesses to import products from abroad without the trademark owner’s permission. Russia said its so-called parallel imports totalled more than $70 billion in the two years up to the end of 2023.

Some legal specialists say seeking recourse under Russian law would be challenging for Western brands, leaving few other legal options for brands trying to enforce intellectual property rights that are typically tied to the territory where the infringement took place.

The availability of Western brands lets Russian President Vladimir Putin “project a message that the war does not undermine the ‘normal life’ of the Russian middle class, ” said Sergei Guriev, a Russian economist who is provost at Paris’ Sciences Po university.

‘PROUD OF IT’

Herinckx’s Russian company employs 82 staff and forecasts revenues in 2024 of 35 million euros, or about $37 million, he said. Last year, it was $23.7 million, according to company accounts.

At the time of Russia’s 2022 invasion of Ukraine, Herinckx was working in the Moscow office of a German company, Hellmann Worldwide Logistics. According to Herinckx, he ran a team of more than 20 people inside Hellmann that served foreign companies who wanted to sell in Russia without setting up local operations.

Hellmann quickly decided to pull out of Russia. Herinckx stayed put. He had previously married a Russian woman with whom he’d had children, Herinckx said. “Our life is here. Everything we have we built up here,” he said.

He took over one of Hellmann’s Russian entities, renamed it Herinckx Trade Solutions Rus (HTS Rus), and registered it in his wife’s name in April 2022. Herinckx initially used Hellmann’s email servers, and a variation of the Hellmann logo in his marketing.

Both Herinckx and Hellmann said they had a transitional agreement to let the Dutchman use some of his old employer’s infrastructure. Hellmann said the deal to use its logo expired in October 2022, and that its intellectual property was used without its consent after that. Herinckx said this was an oversight and he stopped using Hellmann logos in January 2024. Hellmann said it now has no connection to Herinckx’s business and has no operational business in Russia.

Among goods Herinckx’s firm ships to Russia are Reebok sports shoes and Emporio Armani wristwatches, according to Herinckx and data recorded by a Russian bank that lists assets HTS Rus pledged against a loan.

Herinckx said he did not have authorisation from those two brands. Armani Group said it had stopped authorised shipments to Russian distributors and does not know how HTS Rus had got hold of the products. Reebok’s owner Authentic Brands Group, which said in 2022 it had suspended all branded stores and e-commerce operations in Russia, didn’t respond to a request for comment.

The Dutchman’s firm doesn’t publicly disclose its customers. But Reuters identified some of its Russian clients by reviewing documents the company filed with Russian tax authorities. Customers included some of Russia’s biggest supermarket chains and online retailers.

Herinckx said his firm is a good corporate citizen that is also involved in charity work. Asked why he decided to speak publicly about his operations, he said: “What we do is quite cool, we are proud of it.”

EUROPEAN ROUTE

Among his achievements is importing Lego bricks. The Danish firm said it strictly enforces its policy of not selling to Russia. When it sells to retailers or distributors, it writes into the contract that they must not re-sell to Russia, according to Herinckx and Lego.

To get around this, Herinckx said he inserted a chain of intermediaries between Lego and Russia. Some of the Lego bricks he buys are first bought from the manufacturer by a company in Europe that has no relation to his business, he said, declining to name the company. He then buys the bricks from that company, using a Netherlands-registered entity he owns called HTS Europe B.V., he said.

The goods are then trucked directly from Europe to Russia, passing through customs checks on the way, according to Herinckx.

Once in Russia, the Lego comes under the control of Herinckx’s Russian business, HTS Rus, according to the loan data and tax documents. Herinckx told Reuters he supplied Lego to around 48 Russian firms, mostly specialist toy retailers.

“My children play with Lego,” Herinckx said. “I have nothing against other children playing with Lego.”

Lego has problems with his operation, though.

After Reuters contacted Lego for comment in late April, the Danish firm said it had written to HTS Rus accusing it of falsely claiming on its website that it collaborated with Lego. HTS Rus subsequently changed the English-language version of its website, removing an image of Lego figures and replacing it with generic children’s plastic toys. The Russian-language version of the site still carried a Lego logo as of June 13.

“We are concerned to learn of this flow of goods considering we stopped shipping LEGO products into Russia in March 2022,” Lego said in a statement to Reuters. “This is an issue we take seriously and are acting upon, while ensuring that we comply with local laws and regulations where we continue to operate.”

TRANSPORTED THROUGH TURKEY

Some Western goods come via Turkey, a favoured hub for grey-market imports to Russia. Herinckx said he sources Nike and some Lego products in Turkey, via a company called HTS Poer Dis Ticaret Limited Sirketi, which he said procures goods from Turkish retailers or distributors. He declined to name them.

HTS Poer co-founder Murat Erbelger told Reuters the Turkish company had nothing to do with sanctioned products. “We do legitimate business,” he said. Erbelger did not answer questions on HTS Poer’s association with Herinckx Trade Solutions. Asked by Reuters about grey-market goods reaching Russia via Turkey, the Turkish presidency's communications directorate did not respond.

Customs data for the period from June 2022 to December 2023 showed HTS Poer supplied at least $4 million worth of Nike products to Russia. Herinckx told Reuters that as far as he knew all those shipments of Nike goods were destined for his company.

Once the Nike products reach Russia, they go to Herinckx’s retail clients. Among them is footballstore.ru, according to tax records and the internal HTS Rus document. Russian corporate records show the retail site is 100% owned by Zenit soccer club.

Zenit club is sponsored by Gazprom, Russia’s state-owned gas company, and is also part-owned by Gazprombank. The lender is subject to U.S. sanctions on the Russian banking sector. Gazprombank, Gazprom and Zenit didn’t respond to requests for comment.

Reuters purchased the Phantom GT2 Elite Nike soccer boots from the online retailer. They were delivered 10 days later. Nike did not comment on the shoes.

The shoe box gave the date of manufacture as September 2022, three months after Nike said it stopped selling in Russia. It also bore a label that identified Herinckx’s HTS Rus as the importer.

https://finance.yahoo.com/news/dutchman-gets-nike-lego-wartime-091120238.html

Erdogan says Biden faces a test of sincerity in handling of the Gaza war

 Turkish President Tayyip Erdogan said on Saturday that U.S. President Joe Biden is undergoing "a test of sincerity" in his handling of the Gaza war.

In an interview with reporters on his way back from the G7 Summit in Italy, Erdogan said Biden is expected to demonstrate that the Gaza ceasefire plan is not a calculated electoral tactic but a sincere effort to end the war.

He also said that Germany has softened its stance on sales of Eurofighter jets to Turkey. In November, Turkey said the country was in talks with Britain and Spain to buy Eurofighter Typhoons, though Germany objected the idea.

"Eurofighters are important to us," he added.

Erdogan also said that inflation will be put on a more favourable position in the final quarter with the steps to be taken on interest rates.

"Policies aimed at rebalancing the economy are bearing fruit," Erdogan said.

https://www.yahoo.com/news/erdogan-says-biden-faces-test-114617187.html

OpenAI mulls changing to for-profit

 OpenAI CEO Sam Altman told some shareholders that the company is considering changing its governance structure to a for-profit business that OpenAI's nonprofit board doesn't control, The Information reported on Friday. 

https://www.marketscreener.com/quote/stock/MICROSOFT-CORPORATION-4835/news/OpenAI-CEO-says-company-could-become-benefit-corporation-The-Information-46979029/

Americans Must Criticize Our Corrupt Courts

 by Carson Holloway via RealClearWire,

Editor’s Note: The group quota regime is a revolutionary threat which aims to overthrow the political order of the United States and the Constitution that underlies it. In its maneuvers for political power, this revolutionary enemy already operates on a set of legal and constitutional principles entirely different from those on which our country was founded. Nowhere is this more apparent than in the corrupt prosecution of President Donald Trump, and the attendant, authoritarian insistence that criticism of the machinations of “justice” is unwelcome in a democratic society.

In the wake of his conviction in a New York court, President Trump has complained that the process was rigged against him, that the whole proceeding was a corrupt effort to persecute him with a view to influencing the 2024 presidential election. In response, many of his opponents have criticized him for undermining public confidence in our system of criminal justice and thus harming our democracy—a criticism that has been magnified by many in the media.

These critics, however, are missing the point and undermining a principle that is in fact essential to preserving our republic: namely, that criticism of the justice system when it errs or overreaches is necessary to preserving freedom under the rule of law.

Those who founded our nation were aware of this necessity.

Alexander Hamilton, representing the defendant in the famous libel case People v. Croswell, warned that “the most dangerous, the most sure, the most fatal of tyrannies” operated “by selecting and sacrificing single individuals, under the mask and forms of law, by dependent and partial tribunals.”

“Against such measures,” Hamilton continued, “we ought to keep a vigilant eye and take a manly stand. Whenever they arise, we ought to resist, and resist till we have hurled the demagogues and tyrants from their imagined thrones.” No sensible American would look back on these remarks and think that, by them, Hamilton was undermining democracy.

Hamilton’s great rival, Thomas Jefferson, acted on a similar view. As president, Jefferson pardoned publishers who had been convicted under the Sedition Act of 1798. Jefferson’s course of action here was inseparable from his belief that the Act was unconstitutional and that the courts of the United States had made themselves party to serious injustices by convicting defendants under it. Indeed, the pardoning power is included in the United States Constitution, and in many state constitutions, and is used routinely, precisely because prosecutors and courts can make mistakes and sometimes even willfully abuse their power over the lives and liberties of citizens.

These dangers are also recognized in federal law. Title 18 of the United States Code prohibits and punishes “deprivation of rights under color of law.” By its very terms this provision acknowledges that sometimes those entrusted with the administration of justice are themselves guilty of behaving lawlessly and abusively. The United States Department of Justice’s website observes that this provision may be applied not only against “police officers, sheriff’s deputies, and prison guards” but also, as appropriate, against “judges, district attorneys,” and “other public officials.” This important provision is itself an acknowledgment by the government that all the proceedings of our justice system are not entitled to uncritical acceptance.

Everyone conversant with American history knows that the problem of politicized and corrupt abuses of the justice system has not disappeared in the modern era, that it continues to rear its ugly head precisely when political passions run high and communities are inflamed against leaders for whom they harbor deep animosities. In the 1960s, Alabama state authorities brought Dr. Martin Luther King, Jr. to trial on charges that he had committed perjury in relation to his tax filings.

This prosecution was a transparently cynical attempt to deprive an important American political and social movement of its most effective leader. In that case, however, even the Alabama jury, composed exclusively of white men, perceived the abusive character of the case and returned an acquittal. Afterwards, Dr. King thanked the jury for their “fair, honest, and just verdict” and commended the Alabama judge for the “high and noble manner” in which he had conducted the case.

If criticism of prosecutors and courts is permissible and necessary in certain circumstances, the only important question at present is whether such criticism is justified in the case of President Trump’s New York conviction. Would it be reasonable for impartial Americans today to echo Dr. King’s words and congratulate the Manhattan jury for a “fair” verdict and commend Judge Merchan for his “high and noble” handling of the case?

For an answer to that question, we need not rely on Trump or his aggrieved supporters. We need only look to the evaluation of respected CNN legal analyst and former federal prosecutor Elie Honig, writing in New York Magazine: “Prosecutors Got Trump, But They Contorted the Law.”

Carson Holloway is a Washington Fellow in the Claremont Institute’s Center for the American Way of Life. This article was first published at TomKlingenstein.com.

https://www.zerohedge.com/political/americans-must-criticize-our-corrupt-courts