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Vietor Takes Legal Action Over Sludge Article

by: Jill Richardson

Tue Apr 06, 2010 at 20:10:51 PM PDT


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Here's an update to this article. On April 7, I received the following email from someone at SFPUC:

I believe your post about Francesca suing the UK Guardian is factually inaccurate.  A legal statement asking for the correction of inaccurate information in a publication is not a lawsuit.  Since she is not in any way instituting a legal proceeding or filing a suit in court against the The Guardian she is not "suing" them.  I would appreciate it if you could make that correction.

I'm getting conflicting information about the nature of Vietor's legal complaint. I haven't seen the letter myself. So for the time being, the only info I've got is that she took some kind of formal legal action, whatever that was.

I'm rather surprised about the first legal action to come out of the San Francisco sewage sludge giveaway program. After the city gave away its hazardous sludge to gardeners, calling it "organic biosolids compost," you'd think that the city itself (or its Public Utilities Commission - SFPUC for short - might be the subject of a lawsuit). But instead it's the Vice President of the SFPUC, Francesca Vietor, who sent a legal statement to The Guardian (a UK newspaper) asking them to change their reporting of the story.

As you may know, I'm familiar with the story. Here's my own fact check of the supposedly libelous article (below).

Jill Richardson :: Vietor Takes Legal Action Over Sludge Article
Title: "Top US healthy-eating chef Alice Waters attacked for supporting fertiliser made of sewage that activists say contains toxins" TRUE

Alice Waters, the California chef who helped turn Americans on to seasonal, local and cage-free food, is under attack from some of her own followers who say she has championed fertiliser made of sewage.

DEPENDS. I think it's a little bit of a stretch to say that she has championed "fertiliser made of sewage." First of all, it was sludge, not raw sewage. But also, she has championed the role of the SFPUC, and they have championed sewage sludge as fertilizer. So has she championed sludge herself? That all depends on your interpretation of her words.

Activists from the Organic Consumers Association (OCA) are picketing Waters's fabled Chez Panisse restaurant in Berkeley today in protest at her failure to condem a fertiliser derived from sewage that, they say, contains industrial chemicals and heavy metals as well as human waste.

TRUE. Yes, the OCA protest happened. And I think this is an accurate characterization of the reason for the protest - Waters' "failure to condem a fertiliser derived from sewage." That's a much more accurate statement than the previous sentence.

The city of San Francisco, which prides itself on promoting greener living, had been giving away the fertiliser to home gardeners and local schools in the name of promoting healthy eating habits, but has now suspended the programme.

TRUE. Unless you want to contest whether the giveaways were to promote healthy eating habits. The fliers I saw for the events were all about being eco-friendly.

The fertiliser was made of sewage waste collected from San Francisco and eight other cities.

FALSE. The sludge came from San Francisco and eight other counties.

Local authorities labelled the bags as "organic biosolids compost", although federal government regulations say sewage sludge cannot be used for raising produce that is then labelled as organic.

TRUE.

The San Francisco giveaway was overseen by Francesca Vietor, an executive of the city's power company who also sits on the chef's foundation.

DEPENDS. This depends on how you interpret "overseen." I think Vietor wants us to believe that even though she's Vice President of SFPUC, she doesn't actually know much about what goes on there regarding the sludge giveaways or the safety of using sludge as fertilizer. The safety issue was brought to her attention in a letter February 10, which she is claiming she did not read (even though she responded to it). Thus, she says the first she heard of the safety problems with using sludge as fertilizer was an email she received in March of this year. That said, she may have had knowledge of the giveaways themselves (or involvement in them), even if she never questioned their safety. So is Vietor's intent to  point out that she doesn't pay attention at her job and The Guardian should have known that instead of assuming that the Vice President of an organization would oversee what goes on there?

In a statement today, the Chez Panisse Foundation hit back at protesters, and said: "The Foundation looks forward to ensuring public review of the science on this matter and working with the San Francisco Public Utilities Commissison and other relevant stakeholders to insure that safe practices are followed."

TRUE.

Activists argue that Waters's stance amounts to greenwashing. Tests from around the country have shown that city sewage sludge routinely contains a slew of industrial and chemical toxins. The Environmental Protection Agency, however, requires only minimal testing on a routine basis of the sludge.

TRUE.

"It contains a myriad of toxins. Everything that goes down the drain that is pulled out of the water ends up in this mountain of sludge," said John Stauber, an adviser to the Organic Consumers Association. "They call it recycling but it's really greenwashing. Bagging it up and calling it organic compost and marketing it to school gardens is a tremendous fraud."

TRUE.

So there you go, Guardian. Next time don't assume that people actually do their jobs. Just because someone is Vice President of an organization doesn't mean she has any clue what the people under her are doing or whether their actions are harming the environment or public health.

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If I were... (4.00 / 3)
If I were a citizen of San Francisco, I might consider suing Francesca Vietor herself for drawing a salary on my tax dollars while apparently ditzeously (yes, I just invented that word and it fits her perfectly if what she claims is true) refusing to even pay a minimal amount of attention to what was going on under her.  Assuming she actually was 'unaware', which I highly doubt myself.

Isn't it funny how these high-ranking officials, public and private, are always supposedly "out of the loop" whenever their organization happens to pull off some particularly nasty shit?

What are they being paid for, again?

Heh, work in environmental remediation in New Jersey for 9 years.  You'd be astounded at how many industries, public fficials and municipal utility authorities are completely ignorant of what went on right under their noses once NJDEP or USEPA caught wind of the results of some soil or groundwater samples...


My answer to all of your questions (4.00 / 3)
is "I do not recall" :)

"I can understand someone from Iowa promoting corn and soy, but we are not feeding the world, we are feeding animals and soft drink companies." - Jim Goodman

[ Parent ]
Please don't do that. (4.00 / 2)
It gives me nasty flashbacks.

Just kidding, fire away.


[ Parent ]
Claim ignorance... (4.00 / 2)
Sorry, this should read -

You'd be astounded at how many industries, public fficials and municipal utility authorities are completely ignorant claim complete ignorance of what went on right under their noses once NJDEP or USEPA caught wind of the results of some soil or groundwater samples...


[ Parent ]
you know, I believe her that she didn't know (4.00 / 2)
about the safety issues of the sludge. I spoke to her myself, about a week after she found out about the safety issues. She sounded like she really knew very little about it. But it strikes me as very silly that she's opening herself up to extra scrutiny with a lawsuit when the only way she didn't do what the newspaper said she did is if she was totally out to lunch on her job. I wouldn't want to publicize that about myself.

"I can understand someone from Iowa promoting corn and soy, but we are not feeding the world, we are feeding animals and soft drink companies." - Jim Goodman

[ Parent ]
Exactly... (4.00 / 1)
But it strikes me as very silly that she's opening herself up to extra scrutiny with a lawsuit when the only way she didn't do what the newspaper said she did is if she was totally out to lunch on her job. I wouldn't want to publicize that about myself.

Which is why if my cynical, sarcastic ass lived down there I'd hit right back at her as hard as possible using the very same (legal) grounds she just opened herself up to via this very action of her own.

I understand she actually has a history as some kind of good and influential environmentalist herself, but imo right here she's pulling a Ralph Nader and darkening her own legacy.  And if that's the way she wants to go, well I hope The Guardian destroys her on it.


[ Parent ]
the lawsuit (4.00 / 2)
The Guardian article says it is the subject of a "legal complaint." I assume a "legal complaint" is a lawsuit, but I'm not sure because the Guardian article doesn't say.

I assume Vietor's "complaint" was filed in the U.K., home of the Guardian. Again, I don't know because the Guardian doesn't say.

The Guardian's reticence about this matter is puzzling. Maybe there's more information elsewhere on the website, and I'll check that out. As you may know, the U.K. is embroiled in a huge ruckus about whether British libel laws need changing, because of the current system's warm embrace of frivolous actions like this one. The Guardian is in the thick of the fight. One of its science reporters is the subject of a libel suit. In another case, a scientist is the subject of a suit because of an interview he gave the Guardian.


Ah, thanks for that reminder... (4.00 / 1)
I'm now recalling that the UK system is very, ummm, "friendly" to these kinds of frivolous "libel" lawsuits.

That makes me sick.  Anybody want to pay me to go down to San Francisco and pursue a lawsuit against Ms. Vietor in return?  I'm pretty sure that simply the threat of revealing the fact that she's completely clueless about her job would be enough to even the scales here...

My bags can be packed in an hour, and I'll be on my way to Union Station for a southbound Coast Starlight!


[ Parent ]
searching the Guardian (4.00 / 1)
I did scour the Guardian website for more information. All I know is, Vietor did not write an angry Letter to the Editor.

The Guardian doesn't define "legal complaint", far as I could determine.


[ Parent ]
Getting it right (0.00 / 0)
Some things are guilty until proven innocent. I believe using toxic sludge as a fertilizer is dead wrong, but so is irresponsible journalism.

There is no lawsuit!

If I'm wrong present the evidence, otherwise apologize and do a retraction immediately. That will improve your credibility around serious issues.


no lawsuit (4.00 / 2)
What is a "legal complaint", which is the term used by the Guardian?

[ Parent ]
Mr. Titright... (4.00 / 1)
I'm assuming that is your name?  G.E. Titright?  I mean, I'm absolutely positive that someone stomping around and claiming the high ground on "credibility" surely wouldn't use an anonymous internet handle to impugn someone else's, correct?

Anyways...

Mr. Titright, maybe you can help shed some light on the subject yourself?  You seem to be knowledgeable on the subject, or at least think yourself so.  Enlighten us, please.  Or is this just some kind of hit-and-run game?  And just out of curiosity, you wouldn't happen to have anything to do with the SFPUC people who've already come on here, would you?


[ Parent ]
Easy to check? (4.00 / 1)
Did you publish this comment on the basis of communication from Vietor? If so, exactly what legal complaint has she filed, and in what venue?

This should be easy to check - just ask Vietor.


[ Parent ]
guilty until proven innocent (4.00 / 1)
If Vietor filed the "legal complaint" in the U.K., the precise reason she did so is that, in the British system, the defendant is guilty until proven innocent.

[ Parent ]
OK my apologies (4.00 / 2)
I was misinformed by my source. I was contacted by the SFPUC with the facts and updated this piece.

"I can understand someone from Iowa promoting corn and soy, but we are not feeding the world, we are feeding animals and soft drink companies." - Jim Goodman

[ Parent ]
Apologize if you wish, but (4.00 / 1)
I think the Guardian should apologize for misleading readers.

[ Parent ]
Basis for your apology (4.00 / 1)
A second thought - the basis for your apology should not be that you were misinformed by your source, but that you used information from a source without saying you had a source. I assumed you wrote the piece based on the Guardian article itself, because it was the obvious source and there was no indication of any other source.

Also, if you're going to use sources without saying you have sources, you might as well check with the subject of the report before writing about something.


[ Parent ]
The diary is, after all, (0.00 / 0)
entirely about checking the facts.

[ Parent ]
Not absolving the Guardian. (4.00 / 1)
I have never understood a "legal statement" to be the same thing as a "legal complaint."

[ Parent ]
well (4.00 / 2)
I spoke to someone who spoke to The Guardian and then posted the diary based on that as well as the notation on the Guardian article (which backed up my source's facts). However I think this may be just a question of interpretation. Vietor sent a legal letter, The Guardian interpreted it as a lawsuit. Perhaps.

"I can understand someone from Iowa promoting corn and soy, but we are not feeding the world, we are feeding animals and soft drink companies." - Jim Goodman

[ Parent ]
legal statement (4.00 / 1)
I'd like to see a copy of the legal statement or legal complaint, whatever it is. I wonder if she threatened to file suit.

Implicit... (4.00 / 1)
I would believe such a threat would be implied, no?  Especially considering the libel laws over there.

[ Parent ]
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