Why U.S. needs tougher child labor rules

Cristina Traina says in his second term, Obama must address weaknesses in child farm labor standards

STORY HIGHLIGHTS

• Cristina Traina: Obama should strengthen child farm labor standards


• She says Labor Dept. rules allow kids to work long hours for little pay on commercial farms


• She says Obama administration scrapped Labor Dept. chief's proposal for tightening rules


• She says Labor Dept. must fix lax standards for kid labor on farmers; OSHA must enforce them

Editor's note: Cristina L.H. Traina is a Public Voices Op Ed fellow and professor at Northwestern University, where she is a scholar of social ethics.

(CNN) -- President Barack Obama should use the breathing space provided by the fiscal-cliff compromise to address some of the issues that he shelved during his last term. One of the most urgent is child farm labor. Perhaps the least protected, underpaid work force in American labor, children are often the go-to workers for farms looking to cut costs.

It's easy to see why. The Department of Labor permits farms to pay employees under 20 as little as $4.25 per hour. (By comparison, the federal minimum wage is $7.25.) And unlike their counterparts in retail and service, child farm laborers can legally work unlimited hours at any hour of day or night.

The numbers are hard to estimate, but between direct hiring, hiring through labor contractors, and off-the-books work beside parents or for cash, perhaps 400,000 children, some as young as 6, weed and harvest for commercial farms. A Human Rights Watch 2010 study shows that children laboring for hire on farms routinely work more than 10 hours per day.

As if this were not bad enough, few labor safety regulations apply. Children 14 and older can work long hours at all but the most dangerous farm jobs without their parents' consent, if they do not miss school. Children 12 and older can too, as long as their parents agree. Unlike teen retail and service workers, agricultural laborers 16 and older are permitted to operate hazardous machinery and to work even during school hours.

In addition, Human Rights Watch reports that child farm laborers are exposed to dangerous pesticides; have inadequate access to water and bathrooms; fall ill from heat stroke; suffer sexual harassment; experience repetitive-motion injuries; rarely receive protective equipment like gloves and boots; and usually earn less than the minimum wage. Sometimes they earn nothing.

Little is being done to guarantee their safety. In 2011 Secretary of Labor Hilda Solis proposed more stringent agricultural labor rules for children under 16, but Obama scrapped them just eight months later.

Adoption of the new rules would be no guarantee of enforcement, however. According to the 2010 Human Rights Watch report, the Department of Labor employees were spread so thin that, despite widespread reports of infractions they found only 36 child labor violations and two child hazardous order violations in agriculture nationwide.

This lack of oversight has dire, sometimes fatal, consequences. Last July, for instance, 15-year-old Curvin Kropf, an employee at a small family farm near Deer Grove, Illinois, died when he fell off the piece of heavy farm equipment he was operating, and it crushed him. According to the Bureau County Republican, he was the fifth child in fewer than two years to die at work on Sauk Valley farms.

If this year follows trends, Curvin will be only one of at least 100 children below the age of 18 killed on American farms, not to mention the 23,000 who will be injured badly enough to require hospital admission. According to Center for Disease Control and Prevention statistics, agriculture is one of the most dangerous industries. It is the most dangerous for children, accounting for about half of child worker deaths annually.

The United States has a long tradition of training children in the craft of farming on family farms. At least 500,000 children help to work their families' farms today.

Farm parents, their children, and the American Farm Bureau objected strenuously to the proposed new rules. Although children working on their parents' farms would specifically have been exempted from them, it was partly in response to worries about government interference in families and loss of opportunities for children to learn agricultural skills that the Obama administration shelved them.

Whatever you think of family farms, however, many child agricultural workers don't work for their parents or acquaintances. Despite exposure to all the hazards, these children never learn the craft of farming, nor do most of them have the legal right to the minimum wage. And until the economy stabilizes, the savings farms realize by hiring children makes it likely that even more of them will be subject to the dangers of farm work.

We have a responsibility for their safety. As one of the first acts of his new term, Obama should reopen the child agricultural labor proposal he shelved in spring of 2012. Surely, farm labor standards for children can be strengthened without killing off 4-H or Future Farmers of America.

Second, the Department of Labor must institute age, wage, hour and safety regulations that meet the standards set by retail and service industry rules. Children in agriculture should not be exposed to more risks, longer hours, and lower wages at younger ages than children in other jobs.

Finally, the Department of Labor and the Occupational Safety and Health Administration must allocate the funds necessary for meaningful enforcement of child labor violations. Unenforced rules won't protect the nearly million other children who work on farms.

Agriculture is a great American tradition. Let's make sure it's not one our children have to die for.

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The opinions expressed in this commentary are solely those of Cristina Traina.

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Former Chicago businessman gets 14 years in terror case

Throughout Thursday's sentencing, Tahawwur Rana's children appeared nervous, his college student son bouncing his leg rapidly and his daughter, a high schooler, leaning forward with her hands clasped tightly.

After all, their father, a former doctor and businessman who was convicted in one of Chicago's most significant terrorism cases, now faced up to 30 years in prison for aiding and abetting a plot to slay and behead Danish newspaper staffers because of cartoons the paper published of the Prophet Muhammad. Rana also had been convicted of providing support to Lashkar-e-Taiba, a Pakistani terrorist organization.

But at the end of the 90-minute hearing, the brother and sister left the crowded courtroom appearing much relieved — their faces visibly softened — after U.S. District Judge Harry Leinenweber sentenced Rana to 14 years in prison, a little less than half of the maximum.

After court, Rana's attorneys expressed satisfaction with the sentence after arguments from federal prosecutors that Rana, 52, should serve the full 30-year term.

"I thought we had the law on our side, frankly," said Rana's attorney, Patrick Blegen. "But obviously it's a scary proposition when the government asks for such a lengthy sentence. And his family was very concerned."

Rana's trial drew international media attention because he also was charged with supporting Lashkar's terrorist attacks in 2008 that killed more than 160 people in Mumbai, India's largest city. Rana was acquitted, however, of those charges.

David Coleman Headley, Rana's childhood friend who pleaded guilty in both the Danish and Mumbai cases, was the government's star witness at the three-week trial. Headley's testimony about the inner workings of Lashkar provided a rare insight into an international terrorist network. He faces up to life in prison when he is sentenced next week.

At trial, evidence showed that Rana supported the Danish plot by letting Headley pose as an employee of Rana's Far North Side immigration business while Headley scouted the Jyllands-Posten newspaper in Copenhagen in advance of the attack. The plot was never carried out.

Rana, a Pakistan native, immigrated to the United States from Canada. He worked as a doctor before settling into Chicago, where he set up several businesses and raised three children with his wife. She did not attend Thursday's sentencing because immigration officials stopped her earlier this month when she tried to re-enter the U.S. after a family trip to Canada, according to Rana's lawyers.

At the hearing, the defense reiterated its position at trial that Rana had been drawn into the plot by a more conniving Headley.

But the sentencing also turned on whether Rana's plotting constituted an act of terrorism against the Danish government. That would have required a stiffer penalty under federal sentencing guidelines.

Assistant U.S. Attorney Daniel Collins argued for the so-called terror enhancement, saying that in statements to authorities after his arrest, Rana admitted supporting Lashkar as well as knowing that the terrorist group had targeted India in the Mumbai attack.

As for the other scheme, Collins said the plotters hoped to draw the Danish forces into a "fight to the death" after storming the newspaper and planned to make "martyr videos."

"It was not just the newspaper," Collins told the judge. "It was much broader."

But Rana's attorney disagreed, saying evidence at trial showed that Rana wanted to punish only the staff of the newspaper for cartoons that had been deemed offensive to Muslims.

Leinenweber ultimately rejected the government's argument and lowered the maximum faced by Rana to 14 years under the federal sentencing guidelines, leading Collins to make one further attempt at convincing the judge to sentence Rana to the maximum 30 years in prison.

"Defendants who want to think they can avoid detection by sitting at a safe distance need to understand there will be significant penalties when they are caught," the prosecutor said.

Blegen argued for mercy by insisting that Rana's crimes were an aberration for a man who has spent most of his life helping others and raising children who are all in school with plans to contribute to society — a sharp contrast to Headley, who testified at trial about teaching military drills to his young child at city parks.

In the end, Leinenweber noted Rana's seemingly contrasting personalities — an intelligent man convicted in a "dastardly" plot to behead a newspaper staff — and settled on 14 years in prison.

"This is about as serious as it gets," the judge said. "It only would have been more serious if it had been carried out."

asweeney@tribune.com

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Algeria ends desert siege, but dozens killed

ALGIERS (Reuters) - Algerian forces stormed a desert gas complex to free hundreds of hostages but 30, including several Westerners, were killed in the assault along with at least 11 of their Islamist captors, an Algerian security source told Reuters.

Western leaders whose compatriots were being held did little to disguise their irritation at being kept in the dark by Algeria before the raid - and over its bloody outcome. French, British and Japanese staff were among the dead, the source said.

An Irish engineer who survived said he saw four jeeps full of hostages blown up by Algerian troops whose commanders said they moved in about 30 hours after the siege began because the gunmen had demanded to be allowed to take their captives abroad.

And while a crisis has ended that posed a serious dilemma for Paris and its allies as French troops attacked the hostage-takers' al Qaeda allies in neighboring Mali, it left question marks over the ability of OPEC-member Algeria to protect vital energy resources and strained its relations with Western powers.

Two Japanese, two Britons and a French national were among at least seven foreigners killed, the source told Reuters. Eight dead hostages were Algerian. The nationalities of the rest, as well as of perhaps dozens more who escaped, were unclear. Some 600 local Algerian workers, less well guarded, survived.

Fourteen Japanese were among those still unaccounted for by the early hours of Friday, their Japanese employer said.

Americans, Norwegians, Romanians and an Austrian have also been mentioned by their governments as having been captured by the militants who called themselves the "Battalion of Blood" and had demanded France end its week-old offensive in Mali.

Underlining the view of African and Western leaders that they face a multinational Islamist insurgency across the Sahara - a conflict that prompted France to send hundreds of troops to Mali last week - the official source said only two of the 11 dead militants were Algerian, including the squad's leader.

The bodies of three Egyptians, two Tunisians, two Libyans, a Malian and a Frenchman were found, the security source said.

The group had claimed to have dozens of guerrillas on site and it was unclear whether any militants had managed to escape.

The overall commander, Algerian officials said, was Mokhtar Belmokhtar, a veteran of Afghanistan in the 1980s and Algeria's bloody civil war of the 1990s. He appears not to have been present and has now risen in stature among a host of Saharan Islamists, flush with arms and fighters from chaotic Libya, whom Western powers fear could spread violence far beyond the desert.

"NO TO BLACKMAIL"

Algeria's government spokesman made clear the leadership in Algiers remains implacably at odds with Islamist guerrillas who remain at large in the south years after the civil war in which some 200,000 people died. Communication Minister Mohamed Said repeated their refusal ever to negotiate with hostage-takers.

"We say that in the face of terrorism, yesterday as today as tomorrow, there will be no negotiation, no blackmail, no respite in the struggle against terrorism," he told APS news agency.

British Prime Minister David Cameron, who warned people to prepare for bad news and who canceled a major policy speech on Friday to deal with the situation, said through a spokesman that he would have liked Algeria to have consulted before the raid.

A Briton and an Algerian had also been killed on Wednesday.

The prime minister of Norway, whose state energy company Statoil runs the Tigantourine gas field with Britain's BP and Algeria's national oil company, said he too was not informed.

U.S. officials had no clear information on the fate of Americans, though a U.S. military drone had flown over the area. Washington, like its European allies, has endorsed France's move to protect the Malian capital by mounting air strikes last week and now sending 1,400 ground troops to attack Islamist rebels.

A U.S. official said on Thursday it would provide transport aircraft to help France with a mission whose vital importance, President Francois Hollande said, was demonstrated by the attack in Algeria. Some fear, however, that going on the offensive in the remote region could provoke more bloodshed closer to home.

The apparent ease with which the fighters swooped in from the dunes to take control of an important energy facility, which produces some 10 percent of the natural gas on which Algeria depends for its export income, has raised questions, over the value of security measures that are outwardly draconian.

Foreign firms were pulling non-essential staff out of the country, which has recovered stability only in recent years and whose ruling establishment, heirs to fighters who ended French rule 50 years ago, has resisted demands for reform and political freedoms of the kind that swept North Africa in the Arab Spring.

"The embarrassment for the government is great," said Azzedine Layachi, an Algerian political scientist at New York's St John's University. "The heart of Algeria's economy is in the south. where the oil and gas fields are. For this group to have attacked there, in spite of tremendous security, is remarkable."

"KILL INFIDELS"

A local man who had escaped from the facility told Reuters the militants appeared to have inside knowledge of the layout of the complex, supporting the view of security experts that their raid was long-planned, even if the Mali war provided a motive.

"The terrorists told us at the very start that they would not hurt Muslims but were only interested in the Christians and infidels," Abdelkader, 53, said by telephone from his home in the nearby town of In Amenas. "'We will kill them,' they said."

Algiers, whose leaders have long had frosty relations with the former colonial power France and other Western countries, may have some explaining to do over its tactics in putting an end to a hostage crisis whose scale was comparable to few in recent decades bar those involving Chechen militants in Russia.

Government spokesman Said sounded unapologetic, however: "When the terrorist group insisted on leaving the facility, taking the foreign hostages with them to neighboring states, the order was issued to special units to attack the position where the terrorists were entrenched," he told state news agency APS, which said some 600 local workers were freed.

The militants said earlier they had 41 foreign hostages.

"ARMY BLASTED HOSTAGES"

Stephen McFaul, an electrical engineer, told his family in Northern Ireland after the operation that he narrowly escaped death, first when bound and gagged by the gunmen who fastened explosives around the hostages' necks and then on Thursday when he was in a convoy of five vehicles driving across the complex.

"(The gunmen) were moving five jeeploads of hostages from one part of the compound," his brother Brian McFaul said. "At that stage, they were intercepted by the Algerian army.

"The army bombed four out of five of the trucks and four of them were destroyed ... He presumed everyone else in the other trucks was killed ... The truck my brother was in crashed and at that stage Stephen was able to make a break for his freedom."

McFaul said it was unclear whether the vehicles had been struck by missiles fired from helicopters or by ground forces.

The attack in Algeria did not stop France from pressing on with its campaign in Mali. It said on Thursday it now had 1,400 troops on the ground there, and combat was under way against the rebels that it first began targeting from the air last week.

"What is happening in Algeria justifies all the more the decision I made in the name of France to intervene in Mali in line with the U.N. charter," Hollande said on Thursday.

The French action last week came as a surprise but received widespread public international support. Neighboring African countries planning to provide ground troops for a U.N. force by September have said they will move faster to deploy them.

(Additional reporting by Ali Abdelatti in Cairo, Eamonn Mallie in Belfast, Gwladys Fouche in Oslo, Mohammed Abbas in London and Padraic Halpin and Conor Humprhies in Dublin; Writing by Alastair Macdonald; Editing by Peter Millership)

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S&P 500 ends flat as bank profits temper growth concerns

NEW YORK (Reuters) - The S&P 500 ended nearly flat on Wednesday as solid earnings from two major banks and a bounceback in Apple shares offset concerns about a lower forecast for global growth in 2013.

Shares of Goldman Sachs hit their highest since May 2011 as earnings nearly tripled on increased revenue from dealmaking and lower compensation expenses. JPMorgan Chase said fourth-quarter net income jumped 53 percent and earnings for 2012 set a record.

JPMorgan shares rose 1 percent to $46.82, while Goldman climbed 4.1 percent to $141.09.

They were among the first big banks to report results and helped to lift estimates for S&P 500 corporate earnings slightly, to a 2.2 percent gain, Thomson Reuters data showed.

"Pretty solid numbers from both JPMorgan and Goldman Sachs are putting a lot of momentum behind the financials, with a lot more names to report this week. But I think that's helping to put a better bid to the market overall," said Michael James, senior trader at Wedbush Morgan in Los Angeles.

Apple rebounded after three days of losses, helping the Nasdaq outperform the S&P 500 and Dow. Apple rose 4.2 percent to $506.09. It closed below $500 on Tuesday for the first time since February.

"There could not have been more negativity around Apple going into today. So was it due for an oversold bounce on a trading basis? Absolutely," James said.

A slow economic recovery in developed nations is holding back the global economy, the World Bank said on Tuesday, as it sharply scaled back its forecast for world growth in 2013 to 2.4 percent from an earlier forecast of 3.0 percent.

The Dow Jones industrial average <.dji> was down 23.66 points, or 0.17 percent, at 13,511.23. The Standard & Poor's 500 Index <.spx> was up 0.29 points, or 0.02 percent, at 1,472.63. The Nasdaq Composite Index <.ixic> was up 6.77 points, or 0.22 percent, at 3,117.54.

The biggest drag on the Dow was Boeing , whose shares fell 3.4 percent to $74.34 on concerns about its new Dreamliner passenger jets. Japan's two leading airlines grounded their fleets of 787s after an emergency landing, adding to safety concerns triggered by a series of recent incidents.

After the bell, shares of eBay were trading up 0.7 at $53.28, reversing an initial decline following the release of its results. Also after the close, shares of CBS rose 8.3 percent to $41.10 after it said it will convert its Outdoor Americas division into a real estate investment trust. [ID:nL4N0AL98X]

Earlier in the day, U.S. economic data showed consumer prices were flat in December, pointing to muted inflation pressures that should give the Federal Reserve room to prop up the economy by staying on its ultra-easy monetary policy path.

Other data showed U.S. homebuilder confidence in the market for single family homes held steady near seven year highs in January, suggesting the outlook for the housing market remained upbeat.

Volume was roughly 5.6 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.

Decliners outpaced advancers on the NYSE by nearly 8 to 7 and on the Nasdaq by almost 7 to 5.

(Additional reporting by Chuck Mikolajczak; Editing by Nick Zieminski and Kenneth Barry)

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Story of Te'o girlfriend death apparently a hoax

SOUTH BEND, Ind. (AP) — A story that Notre Dame football star Manti Te'o's girlfriend had died of leukemia — a loss he said inspired him to help lead the Fighting Irish to the BCS championship game — was dismissed by the university Wednesday as a hoax perpetrated against the linebacker.

Notre Dame athletic director Jack Swarbrick said Te'o told coaches on Dec. 26 that he had received a call while at an awards ceremony from the phone number of his late girlfriend, Lennay Kekua.

By Te'o's own account, she was an "online" girlfriend. Swarbrick said they also talked by telephone.

Swarbrick said that, based on a report from an investigative firm hired by the school, he believes Te'o was duped into an online relationship with a woman whose death was then faked by the perpetrators of the hoax.

"Nothing about what I have learned has shaken my faith in Manti Te'o one iota," Swarbrick said at a news conference Wednesday night after Deadspin.com reported in a lengthy story that it could find no record that Kekua ever existed.

Te'o said in a statement: "This is incredibly embarrassing to talk about, but over an extended period of time, I developed an emotional relationship with a woman I met online. We maintained what I thought to be an authentic relationship by communicating frequently online and on the phone, and I grew to care deeply about her.

"To realize that I was the victim of what was apparently someone's sick joke and constant lies was, and is, painful and humiliating," he said.

"In retrospect, I obviously should have been much more cautious. If anything good comes of this, I hope it is that others will be far more guarded when they engage with people online than I was."

Swarbrick said investigators' report indicated those behind the hoax were in contact with each other, discussing what they were doing.

Deadspin reported that there was no record of Lennay Marie Kekua dying with the Social Security Administration, that a record search produced no obituary or funeral announcement. She supposedly attended Stanford but there is no mention of her death in the Stanford student newspaper.

The website reported Stanford registrar's office has no record that a Lennay Kekua ever enrolled. There is no record of her birth in the news.

There are a few Twitter and Instagram accounts registered to Lennay Kekua, but the website reported photographs identified as Kekua online and in TV news reports are pictures from the social-media accounts of a 22-year-old California woman who is not named Lennay Kekua.

The week before Notre Dame played Michigan State on Sept. 15, coach Brian Kelly told reporters that Te'o's grandmother and a friend had died. Te'o didn't miss the game. He said Kekua had told him not to miss a game if she died. Te'o turned in one of his best performances of the season in the 20-3 victory in East Lansing, and his playing through heartache became a prominent theme during the Irish's undefeated regular season.

Te'o's statement also said: "It further pains me that the grief I felt and the sympathies expressed to me at the time of my grandmother's death in September were in any way deepened by what I believed to be another significant loss in my life.

"I am enormously grateful for the support of my family, friends and Notre Dame fans throughout this year. To think that I shared with them my happiness about my relationship and details that I thought to be true about her just makes me sick. I hope that people can understand how trying and confusing this whole experience has been.

The linebacker's father, Brian Te'o, said in a telephone interview with The Associated Press in early October that he and his wife had never met Kekua, saying they were hoping to meet her at the Wake Forest game in November. The father said he believed the relationship was just beginning to get serious when she died.

Te'o went on the become a Heisman Trophy finalist, finishing second in the voting, and leading Notre Dame to its first appearance in the BCS championship.

Te'o and the Irish lost the title game to Alabama, 42-14 on Jan. 7. He has graduated and was set to begin preparing for the NFL combine and draft at the IMG Academy in Bradenton, Fla., this week.

"Fortunately, I have many wonderful things in my life," he said in his statement, "and I'm looking forward to putting this painful experience behind me as I focus on preparing for the NFL Draft."

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EPA changed course after gas company protested

WEATHERFORD, Texas (AP) — When a man in a Fort Worth suburb reported his family’s drinking water had begun bubbling like champagne, the federal government sounded an alarm: A company may have tainted their wells while drilling for natural gas.

At first, the Environmental Protection Agency believed the situation was so serious that it issued a rare emergency order in late 2010 that said at least two homeowners were in immediate danger from a well saturated with flammable methane. More than a year later, the agency rescinded its mandate and refused to explain why.

Now a confidential report obtained by The Associated Press and interviews with company representatives show that the EPA had scientific evidence against the driller, Range Resources, but changed course after the company threatened not to cooperate with a national study into a common form of drilling called hydraulic fracturing. Regulators set aside an analysis that concluded the drilling could have been to blame for the contamination.

For Steve Lipsky, the EPA decision seemed to ignore the dangers to his family. His water supply contains so much methane that the gas in water flowing from a pipe connected to the well can be ignited.

“I just can’t believe that an agency that knows the truth about something like that, or has evidence like this, wouldn’t use it,” said Lipsky, who fears he will have to abandon his dream home in an upscale neighborhood of Weatherford.

The case isn’t the first in which the EPA initially linked a hydraulic fracturing operation to water contamination and then softened its position after the industry protested.

A similar dispute unfolded in west-central Wyoming in late 2011, when the EPA released an initial report that showed hydraulic fracturing could have contaminated groundwater. After industry and GOP leaders went on the attack, the agency said it had decided to do more testing. It has yet to announce a final conclusion.

Hydraulic fracturing — often called “fracking” — allows drillers to tap into oil and gas reserves that were once considered out of reach because they were locked in deep layers of rock.

The method has contributed to a surge in natural gas drilling nationwide, but environmental activists and some scientists believe it can contaminate groundwater. The industry insists the practice is safe.

Range Resources, a leading independent player in the natural gas boom, has hundreds of gas wells throughout Texas, Pennsylvania and other mineral-rich areas of the United States. Among them is a production site — now owned by Legend Natural Gas — in a wooded area about a mile from Lipsky’s home in Weatherford, about a half-hour drive west of Fort Worth.

State agencies usually regulate water and air pollution, so the EPA’s involvement in the Texas matter was unusual from the start. The EPA began investigating complaints about the methane in December 2010, because it said the Texas Railroad Commission, which oversees oil and gas drilling, had not responded quickly enough to the reports of bubbling water.

Government scientists believed two families, including the Lipskys, were in danger from methane and cancer-causing benzene and ordered Range Resources to take steps to clean their water wells and provide affected homeowners with safe water. The company stopped doing that after state regulators declared in March 2011 that Range Resources was not responsible. The dispute between the EPA and the company then moved into federal court.

Believing the case was headed for a lengthy legal battle, the EPA asked an independent scientist named Geoffrey Thyne to analyze water samples taken from 32 water wells. In the report obtained by the AP, Thyne concluded from chemical testing that the gas in the drinking water could have originated from Range Resources’ nearby drilling operation.

Meanwhile, the EPA was seeking industry leaders to participate in a national study into hydraulic fracturing. Range Resources told EPA officials in Washington that so long as the agency continued to pursue a “scientifically baseless” action against the company in Weatherford, it would not take part in the study and would not allow government scientists onto its drilling sites, said company attorney David Poole.

In March 2012, the EPA retracted its emergency order, halted the court battle and set aside Thyne’s report showing that the gas in Lipsky’s water was nearly identical to the gases the Plano, Texas-based company was producing.

“They said that they would look into it, which I believe is exactly what they did,” Poole said. “I’m proud of them. As an American, I think that’s exactly what they should have done.”

The EPA offered no public explanation for its change in thinking, and Lipsky said he and his family learned about it from a reporter. The agency refused to answer questions about the decision, instead issuing a statement by email that said resolving the Range Resources matter allowed the EPA to shift its “focus in this case away from litigation and toward a joint effort on the science and safety of energy extraction.”

After the agency dropped its action, the company offered scientists access to a site in southwestern Pennsylvania. The EPA has not yet accepted the offer.

Rob Jackson, chairman of global environmental change at Duke University’s Nicholas School of the Environment, reviewed Thyne’s report and the raw data upon which it was based. He agreed the gas in Lipsky’s well could have originated in a rock formation known as the Barnett shale, the same area where Range Resources was extracting gas.

Jackson said it was “premature” to withdraw the order and said the EPA “dropped the ball in dropping their investigation.”

Lipsky, who is still tied up in a legal battle with Range Resources, now pays about $ 1,000 a month to haul water to his home. He, his wife and three children become unnerved when their methane detectors go off. Sometime soon, he said, the family will have to decide whether to stay in the large stone house or move.

“This has been total hell,” Lipsky said. “It’s been taking a huge toll on my family and on our life.”

The confidential report relied on a type of testing known as isotopic analysis, which produces a unique chemical fingerprint that sometimes allows researchers to trace the origin of gas or oil.

Jackson, who studies hydraulic fracturing and specializes in isotopic analysis, acknowledged that more data is needed to determine for certain where the gas came from. But even if the gas came from elsewhere, Range Resources’ drilling could have contributed to the problem in Lipsky’s water because gas migrates, he added.

The company insists the gas in Lipsky’s water is from natural migration and not drilling. Range Resources’ testing indicates that its gas well was working properly and that the gas came from a different rock formation called Strawn shale and not the deeper Barnett shale, Poole said.

In addition, he said, isotopic analysis cannot be used in this case because the chemical makeup of the gases in the two formations is indistinguishable. A Range Resources spokesman also dismissed Thyne and Jackson as anti-industry.

Range Resources has not shared its data with the EPA or the Railroad Commission. Poole said the data is proprietary and could only be seen by Houston-based Weatherford Laboratories, where it originated. It was analyzed for Range Resources by a Weatherford scientist, Mark McCaffrey, who did not respond to requests for an interview.

Gas has always been in the water in that area, Poole said. And years before Range Resources began drilling, at least one water well in the neighborhood contained so much methane, it went up in flames.

At another home with dangerously high methane levels in the water, the company insisted the gas had been there since the well was first dug many years ago. The homeowner was not aware of anything wrong until Range Resources began drilling in 2009.

Jackson said it was “unrealistic” to suggest that people could have tainted water and not notice.

“It bubbles like champagne or mineral waters,” he said. “The notion that people would have wells and have this in their water and not see this is wrong.”

___

Associated Press writers Nomaan Merchant in Dallas, Allen Breed in Raleigh, N.C., and Michael Rubinkam in Allentown, Pa., contributed to this report.

___

Plushnick-Masti can be followed on Twitter at https://twitter.com/RamitMastiAP

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NRA's paranoid fantasy undemocratic

STORY HIGHLIGHTS

• Paul Waldman: Obama announced gun curbs; gun advocates said it'll be tyranny


• NRA ad calling Obama "elitist" because his kids get protection is not sane view, he says


• He says some gun advocates urge resistance to duly authorized law enforcement


• Waldman: Freedom is guaranteed by law, not gun owners

Editor's note: Paul Waldman is a contributing editor at the American Prospect and the author of "Being Right Is Not Enough: What Progressives Must Learn From Conservative Success." Follow him on his blog and on Twitter.

(CNN) -- When President Obama announced on Wednesday his proposals to curb gun violence, no surprise: Gun advocates condemned it as the first step in a rapid slide toward tyranny.

The night before, the National Rifle Association released an ad calling Obama an "elitist hypocrite," because, the ad says, he's "skeptical about putting armed security in our schools, when his kids are protected by armed guards at their school." (Obama had said in an interview last month that he was "skeptical" that the "only answer" was putting more guns in schools.) Republicans and Democrats alike condemned the NRA for using the president's children in a political attack ad, but the ad was actually quite revealing.

Paul Waldman

A sane person might argue that the president and his family require special protection because they face threats the rest of us don't. But the NRA and many of its most fervent supporters don't see it that way. As far as they're concerned, all of us are just as threatened as the person in the Oval Office. The fact that you're an ordinary person and not the leader of the most powerful nation on Earth doesn't mean you haven't already been targeted by an al Qaeda death squad or a murderous drug gang, so you'd better be prepared, not just with a gun but with an entire arsenal of military-style weaponry.

But the real threat in the fantasy world some gun owners have spun inside their heads isn't terrorists. You know the people I'm talking about: the "doomsday preppers," the angry tea partiers talking about "watering the tree of liberty with the blood of tyrants," the folks who can't talk about guns for 30 seconds without bringing up Hitler (who, for what it's worth, didn't actually disarm the German people, as so many gun advocates believe). What's important isn't just that these folks are paranoid, it's who they're paranoid about: the United States government.

Opinion: Real hypocrites are at NRA

Take, for one vivid example, James Yeager, the CEO of a Tennessee company called Tactical Response. In response to the prospect of stricter gun laws, he posted a YouTube video saying, "If that happens, it's gonna spark a civil war, and I'll be glad to fire the first shot. ... I'm not letting my country be ruled by a dictator. I'm not letting anybody take my guns. If it goes one inch further, I'm gonna start killing people."

And who is it, exactly, whom he'd be killing in this fantasy of his? His neighbors? No, he'd be killing the duly constituted authorities of the United States. He's talking about -- maybe dreaming about -- the day when police officers or members of the U.S. military come to his door, so he can kill them. (Yeager later apologized after Tennessee officials suspended his concealed carry permit.)

OK, so this guy is an extremist. But there are thousands, maybe millions, of gun owners out there whose sentiments are only a notch or two more restrained. These people talk a lot about liberty and freedom and love to call themselves patriots, but they seem to have a real problem with democracy. In a democracy, if people are proposing a law you don't like, you criticize it, you argue against it, you campaign against it, you vote against the politicians who support it. But if you believe in democracy, you don't threaten to start killing people if it passes. You don't say that if you don't like a new law, you'll start an insurrection to overthrow the government.

Yet that's exactly what some people are saying, and it isn't just some lonely nut with a webcam and a YouTube account. People like him are spurred on by a conservative media that encourages them to believe that every Obama administration effort they disagree with isn't just something objectionable, it's the very definition of dictatorship.

If you're a regular listener to conservative talk radio, you've heard Barack Obama compared to Hitler and Stalin innumerable times, over every issue from health care to taxes (after Obama's press conference, one Fox News Radio host tweeted, "Freedom ends. Tyranny begins."). Since his election in 2008, supposedly respectable politicians have talked about simply refusing to obey laws they don't like, and some even proposed seceding from the union.

To be clear, most gun owners aren't stockpiling canned goods and assault rifles in preparation for some kind of societal breakdown that will give them permission to act out the violent fantasies they've been nurturing for years. But many would say that their "right" to own any and every kind of firearm they please is the only thing that guarantees that tyranny won't come to the United States.

Well, guess what: They're wrong. In today's world, most tyrants aren't overthrown by an armed populace. Nonviolent revolutions can result in a quick transition to democracy, while violent insurrections often result in long and bloody civil wars.

And here in America, it isn't 1776, and it won't ever be again. The founders may have thought citizens should be able to keep a musket if they wanted, but they also wrote into the Constitution that the government had the obligation to "suppress insurrections." They hoped that our freedom would be guaranteed by our laws and institutions, not by a guy down the block with an AR-15 and a chip on his shoulder.

They certainly didn't set up our democracy in the hope that every time any group of people didn't like a law that democracy produced, they'd abandon any pretense of support for our system of government and start killing the cops and soldiers who protect us. There's a word for people who dream about doing that, and it isn't "patriot."

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The opinions expressed in this commentary are solely those of Paul Waldman.

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Notre Dame's Te'o embroiled in girlfriend hoax

Notre Dame Vice President/Director of Athletics Jack Swarbrick makes statement on Manti Te'o Girlfriend Hoax Allegations

Manti Te'o's ascendancy to national star and Heisman Trophy candidate was jet-propelled by the personal backdrop of a girlfriend tragically lost to leukemia in September.

Except that girlfriend never existed.

And so the former Notre Dame linebacker and Heisman runner-up has plunged into a morass of controversy and confusion, with a Deadspin story reporting that the woman known as Lennay Kekua was a hoax -- and Notre Dame confirming that later Thursday in an official statement.

"On Dec. 26, Notre Dame coaches were informed by Manti Te’o and his parents that Manti had been the victim of what appears to be a hoax in which someone using the fictitious name Lennay Kekua apparently ingratiated herself with Manti and then conspired with others to lead him to believe she had tragically died of leukemia," the school's statement read.

"The University immediately initiated an investigation to assist Manti and his family in discovering the motive for and nature of this hoax. While the proper authorities will continue to investigate this troubling matter, this appears to be, at a minimum, a sad and very cruel deception to entertain its perpetrators."

In a news conference Wednesday night, Notre Dame athletics director Jack Swarbrick detailed what he described as "a very elaborate, very sophisticated hoax perpetrated for reasons we can't fully understand but had a certain cruelty at its core."

Swarbrick said that Te'o was contacted while in Orlando, Fla., for a Dec. 6 college football awards show from a phone number he associated with the woman he knew as Lennay Kekua.

"When he answered it, the person sounded like the same voice he had talked to, who told him that she was in fact not dead," Swarbrick said. "Manti was very unnerved as you might imagine."

It wasn't until the morning of Dec. 26, Swarbrick said, that Te'o contacted Notre Dame coaches about the call. Swarbrick said Te'o wanted to discuss the issue face-to-face with his parents over a holiday break before bringing it to the staff's attention, and on Dec. 27, Te'o and Swarbrick met to discuss the details of the relationship.

Swarbrick said Notre Dame then engaged an independent investigative firm which produced a final report on Jan. 4, a report then discussed with the Te'o family on Jan. 5 during the run-up to the BCS championship game vs. Alabama. Swarbrick said he believed the Te'o's were poised to release the story next week before the Deadspin article ran Thursday.

To Notre Dame's estimation, Te'o was the victim of "Catfish"-ing, a scheme that begins with an initial reaching-out, a slow build-up of a relationship and then a tragic event.

The independent investigation revealed online "chatter" with the alleged perpetrators, Swarbrick said, that demonstrated "the joy they were taking, the casualness among themselves referring to what they accomplished and what they had done."

"There was a place to send flowers," Swarbrick said, alluding to the funeral arrangements for Lennay Kekua. "There was no detail of the hoax left undone."

Swarbrick said the school did not approach law enforcement early on due to concerns about possible extortion or game-fixing, as well as a belief "that was the victims' decision to make, and Manti was the victim here."

Swarbrick said the relationship between Te'o and the person claiming to be Lennay Kekua was exclusively an online and telephone relationship, which conflicts with an anecdote reported in the South Bend Tribune on Oct. 12 that the two met, face-to-face, on the field after Notre Dame's game at Stanford in 2009.

Of that discrepancy, Swarbrick said: "I'll let Manti provide the details. When Manti took me through the entire story start to finish, when he first described the contact, he used the word 'met,' and for him the fact that they met online was consistent with using that verb."

Swarbrick said emphatically that he did not believe Te'o was complicit in the scheme.

"Every single thing about this, until that day in first week of December, was real to Manti," Swarbrick said. "There was no suspicion that it wasn't, no belief that it might not be. The pain was real, the grief was real, the affection was real. That's the nature of this sad, cruel game."

It was the week of the Michigan State game in September in which the story unfolded: Te'o lost his grandmother, Annette Santiago, and then Kekua, his purported girlfriend, in a 48-hour span.

That double-loss vaulted Te'o on to the cover of Sports Illustrated and, along with Notre Dame's eventual undefeated regular season, into the Heisman Trophy mix. Te'o would finish second in that voting to Texas A&M quarterback Johnny Manziel, tying for the best finish ever by a pure defender.

Early Wednesday evening, Te'o released a statement acknowledging never having met Kekua:

"This is incredibly embarrassing to talk about, but over an extended period of time, I developed an emotional relationship with a woman I met online," Te'o said in the statement. "We maintained what I thought to be an authentic relationship by communicating frequently online and on the phone, and I grew to care deeply about her. To realize that I was the victim of what was apparently someone's sick joke and constant lies was, and is, painful and humiliating.

"It further pains me that the grief I felt and the sympathies expressed to me at the time of my grandmother's death in September were in any way deepened by what I believed to be another significant loss in my life.

"I am enormously grateful for the support of my family, friends and Notre Dame fans throughout this year. To think that I shared with them my happiness about my relationship and details that I thought to be true about her just makes me sick. I hope that people can understand how trying and confusing this whole experience has been.

"In retrospect, I obviously should have been much more cautious. If anything good comes of this, I hope it is that others will be far more guarded when they engage with people online than I was.

"Fortunately, I have many wonderful things in my life, and I'm looking forward to putting this painful experience behind me as I focus on preparing for the NFL Draft."

bchamilton@tribune.com

Twitter @ChiTribHamilton

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Sahara hostage siege turns Mali war global

ALGIERS/BAMAKO (Reuters) - Islamist fighters have opened an international front in Mali's civil war by taking dozens of Western hostages at a gas plant in the Algerian desert just as French troops launched an offensive against rebels in neighboring Mali.

Nearly 24 hours after gunmen stormed the natural gas pumping site and workers' housing before dawn on Wednesday, little was certain beyond a claim by a group calling itself the "Battalion of Blood" that it was holding 41 foreign nationals, including Americans, Japanese and Europeans, at Tigantourine, deep in the Sahara.

Algerian media said a Briton and an Algerian were killed in the assault. Another local report said a Frenchman had died.

One thing is clear: as a headline-grabbing counterpunch to this week's French buildup in Mali, it presents French President Francois Hollande with a daunting dilemma and spreads fallout from Mali's war against loosely allied bands of al Qaeda-inspired rebels far beyond Africa, challenging Washington and Europe.

A French businessman with employees at the site said the foreigners were bound and under tight guard, while local staff, numbering 150 or more, was held apart and had more freedom.

Led by an Algerian veteran of guerrilla wars in Afghanistan, the group demanded France halt its week-old intervention in Mali, an operation endorsed by Western and African allies who fear that al Qaeda, flush with men and arms from the defeated forces of Libya's Muammar Gaddafi, is building a haven in the desert.

Hollande, who won wide praise for ordering air strikes and sending troops to the former French colony, said little in response. In office for only eight months, he has warned of a long, hard struggle in Mali and now faces a risk of attacks on more French and other Western targets in Africa and beyond.

The Algerian government ruled out negotiating and the United States and other Western governments condemned what they called a terrorist attack on a facility, now shut down, that produces 10 percent of Algeria's gas, much of which is pumped to Europe.

The militants, communicating through established contacts with media in neighboring Mauritania, said they had dozens of men at the base, near the town of In Amenas close to the Libyan border, and that they were armed with mortars and anti-aircraft missiles.

They said they had repelled a raid by Algerian forces after dark on Wednesday. There was no government comment on that. Algerian officials said earlier about 20 gunmen were involved.

LIVES AT RISK

The militants issued no explicit threat but made clear the hostages' lives were at risk: "We hold the Algerian government and the French government and the countries of the hostages fully responsible if our demands are not met and it is up to them to stop the brutal aggression against our people in Mali," read one statement carried by Mauritanian media.

The group also said its fighters had rigged explosives around the site and any attempt to free the hostages would lead to a "tragic end." The large numbers of gunmen and hostages involved pose serious problems for any rescue operation.

Smaller hostage-taking incidents have been common in the Sahara and financial gain plays a part in the actions of groups whose members mingle extremist religious aims with traditional smuggling and other pursuits in the lawless, borderless region.

Algerian Interior Minister Daho Ould Kablia said the raid was led by Mokhtar Belmokhtar, who fought Soviet forces in Afghanistan in the 1980s and recently set up his own group in the Sahara after falling out with other local al Qaeda leaders.

A holy warrior-cum-smuggler dubbed "The Uncatchable" by French intelligence and "Mister Marlboro" by some locals for his illicit cigarette-running business, Belmokhtar's links to those who seized towns across northern Mali last year are unclear.

French media said the militants were also demanding that Algeria, whose government fought a bloody war against Islamists in the 1990s, release dozens of prisoners from its jails.

AMERICANS

The militants said seven Americans were among the 41 foreign hostages - a figure U.S. officials said they could not confirm.

Norwegian energy company Statoil, which operates the gas field in a joint venture with Britain's BP and the Algerian state company Sonatrach, said nine of its Norwegian employees and three of its Algerian staff were being held.

Also reported kidnapped, according to various sources, were five Japanese working for the engineering firm JGC Corp, a French national, an Austrian, an Irishman and a number of Britons.

U.S. Defense Secretary Leon Panetta said, "I want to assure the American people that the United States will take all necessary and proper steps that are required to deal with this situation."

He said he lacked firm information on whether there were links to the situation in Mali. Analysts pointed to shifting alliances and rivalries among Islamists in the region to suggest the hostage-takers may have a range of motives.

In their own statements, they condemned Algeria's secularist government for "betraying" its predecessors in the bloody anti-colonial war against French rule half a century ago by letting French warplanes fly over its territory to Mali. They also accused Algeria of shutting its border to Malian refugees.

Panetta said Washington was still studying legal and other issues before providing more help to France in the war in Mali.

Hollande has called for international support against rebels who France says pose a threat to Africa and the West, and admits it faces a long struggle against well-equipped fighters who seized Timbuktu and other oasis towns in northern Mali and have imposed Islamic law, including public amputations and beheading.

Islamists have warned Hollande that he has "opened the gates of hell" for all French citizens.

Some of those held at the facility, about 1,300 km (800 miles) inland, had sporadic contact with the outside world.

The head of a French catering company said he had information from a manager who supervises some 150 Algerian employees at the site. Regis Arnoux of CIS Catering told BFM television the local staff was being prevented from leaving but was otherwise free to move around inside and keep on working.

"The Westerners are kept in a separate wing of the base," Arnoux said. "They are tied up and are being filmed. Electricity is cut off, and mobile phones have no charge.

"Direct action seems very difficult. ... Algerian officials have told the French authorities as well as BP that they have the situation under control and do not need their assistance."

MALI OFFENSIVE

French army chief Edouard Guillaud said ground forces were stepping up their operation to engage directly "within hours" the alliance of Islamist fighters, grouping al Qaeda's North African wing AQIM and Mali's home-grown Ansar Dine and MUJWA.

West African military chiefs said the French would soon be supported by about 2,000 troops from Nigeria, Chad, Niger and other states - part of a U.N.-mandated deployment that had been expected to start in September before Hollande intervened.

Chad's foreign minister, Moussa Faki Mahamat, told Radio France International his country alone would send 2,000 troops, suggesting plans for the regional force were already growing.

In Mali, residents said a column of some 30 French Sagaie armored vehicles had set off toward rebel positions from the town of Niono, 300 km (190 miles) from the capital, Bamako.

A Malian military source said French special forces units were taking part in the operation. Guillaud said France's strikes, involving Rafale and Mirage jet fighters, were being hampered because militants were sheltering among civilians.

Many inhabitants of northern Mali have welcomed the French attacks, although some also fear being caught in the cross-fire.

Hollande said on Tuesday that French forces would remain in Mali until stability returned to the West African nation.

The conflict, in a landlocked state of 15 million twice the size of France, has displaced an estimated 30,000 people and raised concerns across mostly Muslim West Africa of a radicalization of Islam in the region.

But many who have lived for many months under harsh and violent Islamist rule said they welcomed the French.

"There is a great hope," one man said from Timbuktu, where he said Islamist fighters were trying to blend into civilian neighborhoods. "We hope that the city will be freed soon."

(Additional reporting by Pascal Fletcher and Andrew Callus in London, Balazs Koranyi in Oslo, Laurent Prieur in Nouakchott, Daniel Flynn in Dakar, John Irish, Catherine Bremer and Nick Vinocur in Paris, David Alexander in Rome and Andrew Quinn in Washington; Writing by Alastair Macdonald; Editing by Peter Cooney)

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Dow, S&P 500 inch up with retailers but Apple drags again

NEW YORK (Reuters) - The Dow and S&P 500 edged higher on Tuesday after stronger-than-expected retail data, though tech heavyweight Apple dragged on the market for a third day.

Apple was the biggest weight on both the S&P 500 and Nasdaq 100 <.ndx> after reports on Monday of cuts to orders for iPhone parts. Shares declined 3.2 percent to $485.92 and closed below $500 for the first time since February.

Retail stocks advanced after a government report showing retail sales rose more than expected in December was seen as a favorable sign for fourth-quarter growth. A separate report showed manufacturing activity in New York state contracted for the sixth month in a row in January.

"A little better-than-expected news on retail sales once again reinforces that the consumer remains alive and reasonably well," said Mark Luschini, chief investment strategist at Janney Montgomery Scott in Philadelphia, which manages about $54 billion in assets.

Among retailers, American Eagle Outfitters Inc gained 4.8 percent to $20.58 and Gap Inc rose 3.4 percent to $32.46. The Morgan Stanley retail index <.mvr> advanced 1.5 percent.

Express Inc surged 23.8 percent to $17.40 after the apparel retailer raised its fourth-quarter and full year 2012 outlook.

The Dow Jones industrial average <.dji> was up 27.57 points, or 0.20 percent, at 13,534.89. The Standard & Poor's 500 Index <.spx> was up 1.66 points, or 0.11 percent, at 1,472.34. The Nasdaq Composite Index <.ixic> was down 6.72 points, or 0.22 percent, at 3,110.78.

Apple's stock has lost about 7 percent in the last three sessions and is down 8.7 percent since the start of the year.

"It's tough to discern exactly what's putting the pressure on it. But at the end of the day, its influence, considering it's still 3 1/2 to 4 percent of the S&P 500 index, is being felt," Luschini said.

"I attribute (it) to just some of the bloom coming off of the rose. They haven't necessarily done anything wrong, as much as others have caught up."

Also keeping investors on edge is the looming debt ceiling debate. On Monday, President Barack Obama rejected any negotiations with Republicans over raising the U.S. debt ceiling. The United States could default on its debt if Congress does not increase the borrowing limit.

Resolving the debt ceiling is more a question of how than if. Investors don't expect a U.S. default, but they are also wary of another eleventh-hour agreement like the one in August 2011.

An expected lackluster earnings season, too, kept investors from taking aggressive bets. Analyst estimates for the quarter have fallen sharply since October. S&P 500 earnings growth is now seen up just 1.8 percent from a year ago, Thomson Reuters data showed.

Homebuilder Lennar reported a sharp rise in quarterly profit, but the stock declined 0.8 percent to $40.68 on worries that growth in orders was slowing.

Dell Inc shares added to Monday's gains, ending up 7.2 percent to $13.17 after sources said talks to take the computer maker private are in an advanced stage.

On the down side, shares of Facebook dropped 2.7 percent to $30.10. The company unveiled a "graph search" feature that CEO Mark Zuckerberg said would help its billion-plus users sort through content within the social network and its content feeds.

Volume was roughly 5.8 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.

Advancers outpaced decliners on the NYSE by about 17 to 12 and on the Nasdaq by about 13 to 11.

(Additional reporting by Chuck Mikolajczak; Editing by Kenneth Barry and Nick Zieminski)

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