Kate Sheppard

Kate Sheppard

Reporter

Kate Sheppard is a staff reporter in Mother Jones' Washington bureau. She was previously the political reporter for Grist and a writing fellow at The American Prospect. She can be reached by email at ksheppard (at) motherjones (dot) com.

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Her work has also been featured in the New York Times' Room for Debate blog, the Guardian's Comment Is Free, Foreign Policy, High Country News, The Center for Public Integrity, the Washington Independent, Washington Spectator, Who Runs Gov, In These Times, and Bitch. She was raised on a vegetable farm in southern New Jersey (yes, they do exist), but has adapted well to life in the nation's capital. She misses trees and having a congressional representative with voting power, but thinks DC is pretty great anyway.

Virginia Gov. Candidate Cuccinelli Defending Law That Forbids Oral Sex

| Wed Apr. 3, 2013 10:13 AM PDT
Ken Cuccinelli

Last month, three judges on the US Court of Appeals for the 4th Circuit deemed a Virginia anti-sodomy law unconstitutional. The provision, part of the state's "Crimes Against Nature" law, has been moot since the 2003 US Supreme Court decision overruled state laws barring consensual gay sex, but Virginia has kept the prohibition on the books.

Now Virginia attorney general and Republican gubernatorial candidate Ken Cuccinelli is asking the full 4th Circuit to reconsider the case. Cuccinelli wants the court to revive the prohibition on consensual anal and oral sex, for both gay and straight people. (The case at hand involves consensual, heterosexual oral sex, but, as the New York Times explained in 2011, it's "icky": The sex was between a 47-year-old man and two teenagers above Virginia's age of consent.)*

 Here's more from the Washington Blade:

Virginia Attorney General Kenneth Cuccinelli has filed a petition with the 4th Circuit U.S. Court of Appeals in Richmond asking the full 15-judge court to reconsider a decision by a three-judge panel last month that overturned the state’s sodomy law.
The three-judge panel ruled 2-1 on March 12 that a section of Virginia’s "Crimes Against Nature" statute that outlaws sodomy between consenting adults, gay or straight, is unconstitutional based on a U.S. Supreme Court decision in 2003 known as Lawrence v. Texas.
A clerk with the 4th Circuit appeals court said a representative of the Virginia Attorney General's office filed the petition on Cuccinelli's behalf on March 26. The petition requests what is known as an en banc hearing before the full 15 judges to reconsider the earlier ruling by the three-judge panel.

Mother Jones confirmed that Cuccinelli had filed the request with the court as well. Given that the Supreme Court has already ruled that gay sex is okay and moved on to the question of gay marriage, I wouldn't expect his appeal to go very far.

This post has been updated to include more details about the case in question.

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Nearly Four Years After Dr. Tiller's Murder, Wichita Has An Abortion Clinic Again

| Wed Apr. 3, 2013 6:53 AM PDT
South Winds Women's Center Director Julie Burkhart.

For the first time in nearly four years, women in Wichita have access to an abortion clinic. South Wind Women's Center plans to open its doors this week, and will provide abortions in the city for the first time since an anti-abortion extremist murdered Dr. George Tiller in May 2009.

The clinic, run by former Tiller spokeswoman Julie Burkhart, will provide abortions up to the 14th week, along with gynecological services like pap smears, breast exams, birth control prescriptions, and prenatal care. I talked to Burkhart in February about reopening the clinic:

Mother Jones: Wichita has been the subject of so much attention from both anti- and pro-choice activists. What is the significance of reopening the clinic?
Julie Burkhart: First and foremost, we want to make sure that women who need to see us, want to come see us, are able to access care. We're looking at a few thousand women who now have to travel outside the area each year. Secondly, what it says is that no matter where you live in the United States of America, women will have access to reproductive health care. This community has just been so embroiled in the abortion…I hate to say the abortion "debate," but just the turmoil. Some people would say, "Just leave it alone and let it go." However, we can't really have true freedom in this country until everyone can access that right.
Why, just because we live in Kansas, in the middle of the country, should women be faced with more hardship? Why should it just be women on the coast where the laws are typically more liberal that have access to abortion care? I hope that's what people get out of this—that no matter where you are as a woman, you're entitled to that right.

Read the full interview here.

Quick Reads: Dan Fagin's "Toms River"

| Mon Apr. 1, 2013 5:01 PM PDT
book cover 

Toms River: A Story of Science and Salvation

By Dan Fagin

BANTAM

As a native of southern New Jersey, I vaguely remember the news stories about mysterious cancers plaguing the children of Toms River, but until now I never had a clear understanding of what happened there. In an account equal parts sociology, epidemiology, and detective novel, veteran environmental journalist Dan Fagin chronicles the ordeal of this quiet coastal town, which for decades was a dumping ground for chemical manufacturers. Fagin's compelling book raises broader questions about what communities are willing to sacrifice in the name of economic development.

Why Won't Exxon Come Clean on the Arkansas Oil Spill Details?

| Mon Apr. 1, 2013 10:47 AM PDT

UPDATE: Apparently Exxon is using Craigslist to hire cleanup workers. "Need 40 HR Hazmat trained laborers. Emergency cleanup of oil," requests this ad posted on the Little Rock site on Monday morning.

An ExxonMobil pipeline broke on Friday evening, dumping thousands of gallons of tar sands oil in Mayflower, Arkansas. The Pegasus pipeline starts in Illinois and carries 95,000-barrels of oil per day from Alberta's tar sands to refineries in Texas.

At least 22 homes had to be evacuated after the spill, and local residents have posted some alarming photos and video of the mess in their streets and backyards. The group HAWK Center (Helping Arkansas Wild Kritters) is also posting photos of oiled birds that have been rescued and brought in.

Exxon was cagey, at first, about giving an estimate of how much spilled, initially telling reporters it was "a few thousand" barrels or declining to give an estimate. In an interview with Inside Climate, a local official gave an estimate of 2,000 barrels (or 84,000 gallons). When I asked for a specific figure on the number of barrels spilled, this is what I got from Charlie Engelmann, a media relations adviser for Exxon Mobil Corporation:

A few thousand barrels of oil were observed in the area; a response for 10,000 barrels has been undertaken to ensure adequate resources are in place. Approximately 12,000 barrels of oil and water have been recovered. Crews are steam cleaning oil from property.

That's still not a very specific answer. This actual figure is something that people will want to know, given that the spill is igniting even more debate about pipeline safety in general and the proposed Keystone XL pipeline in particular.

Meanwhile, an eagle-eyed tipster points out to Mother Jones that the company that provided the fuzzy map of where the oil spilled posted on the response site is the Center for Toxicology and Environmental Health, or CTEH, a contractor that has been criticized in the past for using bad data and a "long pattern of tainted results" in its environmental analysis. Based in Little Rock, the company also contracted with BP to test workers during the Gulf spill, prompting others in the field to complain that the company's results were often skewed to favor whatever company had hired them. "They're paid to say everything's OK," a toxicologist told Greenwire at the time. Here's CTEH's less-than-helpful map of the spill:

Engelmann told Mother Jones via email that CTEH is "conducting continuous air quality monitoring" at the spill site. "The air quality does not likely present a human health risk, with the exception of the high pooling areas, where cleanup crews are working with safety equipment," he added.

When called, the phone number listed for the Mayflower Incident Unified Command Joint Information Center on the town's website on Monday morning, the call went straight to an Exxon operations center in Fairfax, Virginia, where an Exxon press flack answered the phone.

This is a bit of a flashback to the 2010 Gulf spill—we'd call the joint information press line, and it would often be a BP employee on the line. I also asked Engelmann if it was all Exxon staff at the information office, to which he responded, "We are working with a number of entities, including the EPA, Arkansas Department of Environmental Quality, Arkansas Department of Health, Faulkner County and ExxonMobil Pipeline Company, among others, on response efforts."

Of course company staff can answer some of my questions, but it's hard to know if you're getting reliable information when the responsible party is the one fielding the press calls.

EPA to Study Flame Retardant Chemicals. Finally.

| Fri Mar. 29, 2013 9:46 AM PDT

The EPA announced this week that it will study the health and environmental risks of 23 chemicals, with an emphasis on chemical flame retardants that are found in many common products.

Even though they were phased out of baby clothes back in the 1970s due to health concerns, flame retardants are still used in baby cribs and car seats, couches, and electronics. Many have been linked to cancer and neurological and developmental problems, particularly in children. And we use so much of them that they're turning up in our food, too.

The EPA's announcement came just as a new study found extremely high levels of flame retardant chemicals on airplanes—"some of the highest measurements I've ever seen," according to the paper's co-author. This is less of a concern for airline passengers than it is for the pilots and flight attendants, but it does raise questions about yet another way we're being exposed to potentially dangerous chemicals.

The EPA plans to evaluate four common flame retardants—TBB, TBPH, TCEP, and HBCD—under the Toxic Substances Control Act (TSCA), the 37-year-old law governing chemical regulation. As we've reported here before, that law is both weak and outdated, an issue that the EPA noted in its announcement on Wednesday:

"EPA is committed to more fully understanding the potential risks of flame retardant chemicals, taking action if warranted, and identifying safer substitutes when possible," said James J. Jones, Acting assistant administrator for the Office of Chemical Safety and Pollution Prevention. "Though today’s announcement represents a significant step forward on chemical safety, it's important to remember that TSCA, this country’s chemicals management legislation, remains in dire need of reform in order to ensure that all Americans are protected from toxic chemicals in their environment."

TSCA reform advocates point to flame retardants as an example of why current chemical regulations are a total failure. EPA is just now evaluating their safety, after decades of human exposure to these chemicals. "Flame retardants have become exhibit A for our nation's failed chemical policy," said Andy Igrejas, executive director of Safer Chemicals, Healthy Families. "Many have have turned out to be very toxic, and yet they have found their way into our homes and our bodies through their use in consumer products."

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