Ex-Freedom Industries Officials Indicted Over Elk River Spill

A former Freedom Industries Inc. president was charged for the second time this month in connection with a West Virginia chemical spill that contaminated water for 300,000 residents, this time in an indictment accusing him and three company officials with polluting the Elk River near Charleston.

Federal prosecutors also announced separate charges today against two other people, a plant manager and environmental consultant, for violating the federal Clean Water Act.

The leak from one of Freedoms tanks sent about 7,500 gallons (28,400 liters) of a cleaning agent used in coal-mining operations into the river, contaminating drinking water in the states largest city and sending more than 100 residents to the hospital.

The spill, West Virginias fifth major industrial accident since 2006., forced some residents of the U.S.s third-poorest state to buy bottled water for more than a month.

Just a mile upstream from Charlestons primary source of drinking water, the conditions at the Freedom Industries facility were not only grievously unacceptable but unlawful, Attorney General Eric Holder said today in a statement. They put an entire population needlessly at risk.

Earlier this month, Gary Southern, Freedoms former president, was accused by the government of lying in the companys bankruptcy filing, which was triggered by lawsuits following the spill.

Southern, an executive of the Charleston-based company since 2009, allegedly lied in the hope of protecting about $8 million in personal assets, according to court papers.

Robert Allen, Southerns lawyer, said he was a little surprised that locally based federal officials proceeded with the indictment because he asked that they step down in the earlier case, arguing they couldnt be fair.

They were victims of the spill themselves, Allen said in a phone interview.

Named in this weeks indictment along with Southern are Dennis Farrell, another company ex-president; William Tis, a former secretary; and Charles Herzing, a onetime vice president.

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Ex-Freedom Industries Officials Indicted Over Elk River Spill

6 Freedom owners, managers, employees charged; company takes plea deal with feds

Federal prosecutors charged Freedom Industries and six of its owners, managers and employees with criminal violations of the Clean Water Act related to the January 2014 chemical leak that contaminated the drinking water of 300,000 people in Charleston and surrounding communities.

Dennis P. Farrell, William E. Tis, Charles E. Herzing and Gary L. Southern were each charged with three counts of violating federal environmental laws. Each man is charged with failing to meet a reasonable standard of care in running the company.

Their negligence resulted in and caused the discharge of a pollutant, that is, MCHM, from point sources into the Elk River, stated an indictment, unsealed today by U.S. Magistrate Judge Dwane L. Tinsley.

Farrell, Tis, Herzing and Southern approved funding only for those projects that would result in increased business revenue for Freedom or that were necessary to make immediate repairs to equipment that was broken or about to break, the indictment says. It says they failed to take any action to fund other repairs necessary for upkeep or improvements.

The charges against Farrell, 58, of Charleston; Tis, 60, of Verona, Pennsylvania; Herzing, 63, of McMurray, Pennsylvania; and Southern, 53, of Marco Island, Florida, were spelled out in a 37-page indictment handed up by a federal grand jury that met in Beckley this week.

If convicted, Farrell, Tis and Herzing face a maximum of three years in prison. Southern, who was charged with 10 other crimes, faces a maximum sentence of 68 years in prison.

Also, U.S. Attorney Booth Goodwin charged Freedom Industries, the bankrupt company, with the same three counts of criminal water pollution violations. The company was charged through a document called an information, rather than an indictment, a move that usually indicates the defendant has reached a plea deal with prosecutors.

Mark Welch, Freedoms chief restructuring officer, confirmed that the company had entered into a plea agreement with federal authorities and said the move was aimed partly at limiting the possible fines and criminal defense costs if the company were to be indicted. Welch, in a prepared statement, said the plea agreement also stipulates that the U.S. Attorneys Office will not seek restitution from Freedom for victims of the companys crimes, because of the companys ongoing bankruptcy proceeding.

This will permit Freedom to focus its time and limited resources on its environmental cleanup obligations and addressing the claims of its creditors, Welch said.

Two other former Freedom employees, plant manager Michael E. Burdette, and Robert J. Reynolds, an environmental compliance officer, were charged via information with one-count of violating the Clean Water Act. Goodwin said Burdette, 60, of Dunbar, and Reynolds, 63, of Apex, North Carolina, cooperated with the investigation and the disposition of their charges will be clear very soon.

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6 Freedom owners, managers, employees charged; company takes plea deal with feds

UPDATE: Water Users Relieved After Charges Filed against Freedom Industries

Freedom Execs. Indictment

Freedom Company Information

Michael Burdette Information

Robert Reynolds Information

UPDATE 12/17/14 @ 11:45 p.m. CHARLESTON, W.Va. (WSAZ) -- In Eric Peebles house, you'll find enough plastic to fill a recycling center.

"I at least get six to eight {water jugs} every time I go to the store," said Peebles.

It's been more than eleven months since thousands of gallons of MCHM spilled into the Elk River, and yet Peebles is still not touching the tap.

"I want justice," said Peebles. "I think that's good, that's what's supposed to be done."

The first step towards justice happened Wednesday. Federal indictments were handed down against Freedom Industries and four of it's former officials. Two others who worked at the facility along Barlow Drive were also charged through an information.

The government stresses negligence in inspecting the tanks, and failing to contain the chemical that forced 300,000 people to be without water for days.

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UPDATE: Water Users Relieved After Charges Filed against Freedom Industries

Eagle named 'Freedom' breaks free of rehab center

SAN ANTONIO, TX (KENS/CNN) - Bald eagles are the symbols of American freedom, and one eagle wanted freedom so badly she escaped the avian center that housed her to get it.

A bald eagle called Freedom lived up to her name on Tuesday. Trouble is, caretakers aren't sure she is ready to survive on her own.

The bald eagle was last spotted in the parking lot of a church near the rehabilitation center Last Chance Forever. The executive director said the bird was not ready to be released back into the wild."

"She's black-bodied, white-headed, white-tailed. You can't miss her," said John Karger, executive director of Last Chance Forever.

She used her body to bust open the zip ties used to secure her cage.

He has rehabilitated freedom for the last two and a half years. She was found in East Texas blown out of her nest.

"She's been learning more and more how to fly, and to be independent," Karger said.

It was just Monday that she learned how to capture her own food for the first time.

"I just know that she's good flying strength. She was able to kill on her own," he said.

He said Freedom is rehabbed enough able to survive in the wild but said her chance of a long life is better if she's returned to Last Chance Forever.

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Eagle named 'Freedom' breaks free of rehab center

Company, 6 employees indicted for W.Va. chemical spill

CHARLESTON, W.Va., Dec. 17 (UPI) -- Freedom Industries and six former employees were indicted Wednesday for the chemical spill that left some 300,000 West Virginia residents without clean tap water for more than a week.

Former Freedom Industries President Gary L. Southern, and former owners and officers Dennis P. Farrell, William E. Tis and Charles E. Herzing were named in the federal indictment. Former environmental consultant Robert J. Reynolds and former tank farm plant manager Michael E. Burdette were charged in documents called "informations," indicating a possible plea arrangement. The company itself was also charged in an information document.

Southern, Farrell, Tis and Herzing were each charged with the negligent discharge of a pollutant in violation of the Clean Air Act, negligent discharge of refuse matter in violation of the Refuse Act and violating an environmental permit. Southern faces an additional 10 charges related to wire fraud and various bankruptcy fraud charges.

If convicted, Farrell, Tis and Herzing face up to three years in prison, and Southern faces up to 68 years.

Southern, Farrell, Tis and Herzing were accused of allegedly approving funding only for projects that made money for Freedom Industries, not those "necessary for environmental compliance at the Elk River facility, including repairing defects in a containment wall, addressing drainage problems in the containment area, and developing and implementing proper protection plans," a news release from the U.S. Department of Justice read.

Attorney General Eric Holder called the conditions at the Freedom Industries facility "not only grievously unacceptable, but unlawful."

"They put an entire population needlessly at risk. As these actions make clear, such conduct cannot, and will not, be tolerated," he added. "These law enforcement actions send an unambiguous message: that compliance with environmental safety standards is an obligation, not a choice. The Department of Justice is committed to vigorously enforcing the Clean Water Act and other natural resource protections. And we will never rest in our efforts to protect the American people -- and our environment -- from harm."

A chemical spill at Freedom Industries dumped 4-methylcyclohexane methanol into the Elk River about a mile north of Charleston. Residents in eight surrounding counties were told not to use their tap water for anything other than flushing the toilet for up to more than a week after the incident on Jan. 9.

"It's hard to overstate the disruption that results when 300,000 people suddenly lose clean water," U.S. Attorney Booth Goodwin said, announcing the indictments. "This is exactly the kind of scenario that the Clean Water Act is designed to prevent. This spill, which was completely preventable, happened to take place in this district, but it could have happened anywhere. If we don't want it to happen again, we need to make it crystal clear that those who engage in the kind of criminal behavior that led to this crisis will be held accountable."

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Company, 6 employees indicted for W.Va. chemical spill

A New Justice League: Throne of Atlantis Clip is Here

Following a first clip back in October and a full trailer earlier this month, Warner Bros. Home Entertainment, Warner Bros. Animation, and DC Entertainment have released a new clip from their upcoming Justice League: Throne of Atlantis. Check it out in the player below!

InJustice League: Throne of Atlantis, Cyborg discovers an imminent threat in the depths of the oceans so powerful that it rallies together the newly formed Justice League. Meanwhile, wandering thousands of feet above the ocean floor is drifter Arthur Curry, a man with strange powers who may be the last chance to bridge the ancient Atlantean world with our own. Superman, Batman, Wonder Woman and the rest of the Justice League must band together as they face off against warmongering Orm, an army of sea creatures, otherworldly weapons and perilous odds. In this all-new epic adventure from the DC Universe, mankinds only hope of escaping from the darkness lies with the guiding light of a man Aquaman!

Matt Lanter will provide the voice for Arthur Curry in the animated feature. Hes joined by Jason OMara as Batman, Shemar Moore as Cyborg, Christopher Gorham as The Flash, Sean Astin as Shazam, Nathan Fillion as Green Lantern, Rosario Dawson as Wonder Woman, Jerry OConnell as Superman, Sam Witwer as Aquamans devious brother Orm, and Sumalee Montano as his future bride Mera.

Justice League: Throne of Atlantiswill debut digitally on January 13, and on Blu-ray and DVD on January 27, 2015.

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A New Justice League: Throne of Atlantis Clip is Here

Worlds beaches are being washed away due to coastal development

London: The worlds beaches are being washed away as coastal developments increase in size and engineers build ever higher sea walls to defend against fierce winter storms and rising sea levels, according to two of the worlds leading marine geologists.

The warning comes as violent Atlantic and Pacific storms recently sent massive 50ft waves crashing over sea defences, washed away beaches and destroyed concrete walls in Europe, North America and the Philippines.

Most natural sand beaches are disappearing, due partly to rising sea levels and increased storm action, but also to massive erosion caused by the human development of the shore, said Andrew Cooper, professor of coastal studies at the University of Ulster.

The widespread damage on western Europes storm-battered shores, the devastation caused by hurricane Sandy along the northeastern US seaboard, the deaths brought on by typhoon Haiyan in the Philippines all exemplify the total inadequacy of [coastal] infrastructure and the vulnerability of cities built on the edge of coastlines, said Orrin Pilkey, professor of earth and ocean sciences at Duke University in Durham, North Carolina.

Pilkey and Cooper say in a new book, The Last Beach, that sea walls, which are widely believed by many local authorities to protect developments from erosion and sea level rise, in fact lead to the destruction of beaches and sea defences and require constant rebuilding at increasing cost.

Dunes and wide beaches protect buildings from storms far better than sea walls, say the authors.

The beach is a wonderful, free natural defence against the forces of the ocean ... Storms do not destroy beaches. They change their shape and location, moving sand around to maximise the absorption of wave energy and then recover in the days, months and years to follow, said Pilkey.

Beaches in nature are almost indestructible, but seawall construction disrupts the natural movement of sand and waves, hindering the process of sand deposition along the shorelines, said Cooper.

The wall itself is the problem. If you build a sea wall to protect the shore, the inevitable consequence is that the beach will disappear. The wall cannot absorb the energy of the sea. All beaches with defences ... are in danger. When you build the sea wall, that is the end of the beach, he said.

Many of the worlds most famous beaches are now ecologically dead and dependent for their survival on being replenished with sand or gravel, they say.

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Worlds beaches are being washed away due to coastal development

Bathing ban risk at beaches next summer

The beach closest to Cork City and a well-known one in East Cork could be closed next summer due to an EU directive on water quality.

Sharon Corcoran, the county councils director of environmental services, has signalled that under new EU rules water quality checks on beaches had to be averaged out over the past four years and as a result this might mean Fountainstown and Claycastle, Youghal could closed to swimmers.

The council has been correlating its own tests on both beaches and although the official figures wont be released by An Taisce until next April, Ms Corcoran said water quality on them was vulnerable.

If the closures occur it will represent a second blow for Youghal tourism.

Last month the county council said the towns Front Strand would be closed to swimmers next summer because of poor water pollution levels.

The European Commission has introduced new directives which mean if the water quality is poor then we will have close the beach. A number of member nations are objecting to this, but as far as we are aware at minimum we may have to put up notices advising people not to swim on these beaches, said Ms Corcoran.

She said it was possible the EU may demand the beach be closed completely, but she was awaiting Department of the Environment guidance on this. She said Fountainstowns problems were due to intensive agriculture and heavy rain washing slurry into the bay. Holiday home septic tanks compounded the issue, she said.

Raised e-coli bacteria levels have also caused problems in Youghal as a result of animal waste washing down the Blackwater Valley. There is no adequate waste water treatment plant serving the towns human population. This is a contributory factor.

That should be addressed because a new sewerage treatment plant should be commissioned in the town by the end of 2016, Ms Corcoran said.

Cllr Tim Lombard (FG) who lives near Fountainstown, said that he was very concerned that tourist-related businesses will seriously suffer from beach closures.

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Bathing ban risk at beaches next summer

Waiting for beaches, cigars

By Kevin Liptak, CNN White House Producer

December 18, 2014 -- Updated 0025 GMT (0825 HKT)

STORY HIGHLIGHTS

Washington (CNN) -- The end of the 50-year freeze in diplomatic relations with Cuba will mean many more U.S. travelers could be on their way to the neighbor island, only 90 miles from Key West, Florida.

But the days of Havana as a glamorous destination for U.S. tourists as it was before the Cuban revolution ended legal U.S. travel there aren't returning quite yet. And while American visitors who do make it to Cuba will be able to return with rum and cigars, exporting them for sale in the United States still isn't in the works.

Historic thaw in U.S.-Cuba standoff

Americans already travel to Cuba in large numbers nearly 100,000 per year, according to Cuban government statistics. The numbers rose after Obama's 2009 easing on some of the restrictions on travel to Cuba, including making it easier for Americans to visit family members there, and a subsequent 2011 announcement allowing for certain types of other trips.

Now Obama is easing up restrictions for other kinds of visitors. Administration officials listed a host traveler types the federal government will now allow to visit: government officials, journalists, professional researchers, educators, religious officials, performers planning public presentations, humanitarians, emissaries of private foundations, and importers or exporters.

Officials say all legitimate applications received by the Treasury Department's Office of Foreign Asset Control the body that dispenses licenses to for Cuban travel will be approved.

When they visit, Americans will be able to use their credit or debit cards on the island, a convenience previously banned. Agencies inside the United States will be permitted to organize trips. And American telecom equipment will now be allowed into Cuba, making communication with Americans easier.

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Waiting for beaches, cigars

Randy Rayess Shares His Views on Artificial Intelligence, Robotics and Deep Learning – Video


Randy Rayess Shares His Views on Artificial Intelligence, Robotics and Deep Learning
Will artificial intelligence define the future of technology? Randy Rayess explains more about AI, robotics and Deep Learning during a session at the Wharton...

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Randy Rayess Shares His Views on Artificial Intelligence, Robotics and Deep Learning - Video

What Artificial Intelligence Is Not | TechCrunch

Editors note: Rob Smith is CEO of Pecabu.

Artificial Intelligence has been in the media a lot lately. So much so that its only a matter of time before it graduates to meaningless buzz word status like big data and cloud. Usually I would be a big supporter. Being in the AI space, any attention to our often overlooked industry is welcome. But there seems to be more misinformation out there than solid facts.

The general public seems to view AI as the mythical purple unicorn of technology; Elusive, powerful, mysterious, dangerous and most likely made up. And while there is plenty of debate in the scientific community, I can at least tell you what AI is definitely not.

First of all, AI is nothing to be frightened of. Its not a sentient being like SkyNet or an evil red light bulb like HAL. Fundamentally, AI is nothing more than a computer program smart enough to accomplish tasks that typically require human quality analysis. Thats it, not a mechanized, omnipresent war machine.

Secondly, AIs are not alive. While AIs are capable of performingtasks otherwise performed by human beings, they are not alive like we are. They have no genuine creativity, emotions or desires other than what we program into them or they detect from the environment. Unlike in science fiction (emphasis on the fiction) AIs would have no desire to mate, replicate or have a small AI family.

Next, AIs are generally not very ambitious. Its true that in very limited context, an AI can think similarly to us and set tasks for itself. But its general purpose and reason for existence is ultimately defined by us at inception. Like any program or technology, we define what its role in our society will be. Rest assured, they will have no intention to enslave humanity and rule us as our AI overlord.

Additionally, AI is not a single entity. Computer programs, even artificially intelligent ones, work far better as specialists rather than generalists. A more likely scenario for achieving artificial intelligence within our lifetime is through a network of sub programs handling vision (computer vision), language (NLP), adaptation (machine learning), movement (robotics)etc. AI is not a he or a she or even an it, AI is more like a they.

Finally AI, like all computer programs, are ultimately controlled by humans. Of course AI can be designed with malicious intent and weaponized like nuclear or biological technology, but thats not a fault of the science but of ourselves.

While Elon Musk is a personal hero of mine, and a genius on so many levels, his recent comments on artificial intelligence have been a little less than brilliant. He mentions that AI is more dangerous than nuclear weapons and that we may summon an AI demon (his words, not mine). My only explanation is that he must have fallen asleep watching Terminator.

In the meantime, companies such as IBM, Google and Apple are developing the next generation of AI-powered applications, using small bits of specialized AI code to replace the human element in many tiring, dangerous or time-consuming jobs. These are very specific, almost tunnel-vision-like programs that only improve our society and should instill fear in no one.

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What Artificial Intelligence Is Not | TechCrunch