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Lawyer Who Beat Chevron in Ecuador Faces Trial of His Own

Written By Unknown on Rabu, 31 Juli 2013 | 15.49

Fred R. Conrad/The New York Times

Steven Donzinger won a judgment against Chevron for fouling the environment in Ecuador.

Steven R. Donziger — environmental hero or charlatan, depending on whom you talk to — is one of the toughest lawyers around, or slightly crazy.

Possibly both.

For the last two decades Mr. Donziger has been battling the Chevron Corporation over an environmental disaster that happened in the jungles of Ecuador. Two years ago, he won an $18 billion case against the oil giant, the kind of victory that most lawyers can only dream of.

But Chevron has yet to pay a penny of the award, and has turned the tables on him. Now, he is defending himself against a Chevron lawsuit charging that he masterminded a conspiracy to extort and defraud the corporation. The trial is scheduled for October.

Across a table in his two-bedroom apartment on the Upper West Side of Manhattan, Mr. Donziger for the first time in recent years spoke publicly about the personal travails that he says have engulfed him. He says shadowy men have trailed him. Watched his family. Sat in cars outside his home. He had his apartment swept for bugs, but found nothing.

All of that might sound like the ravings of a Grade A conspiracy theorist. But Mr. Donziger, who played basketball with Barack Obama at Harvard Law School, has a serious following among environmentalists. He and his supporters say he is being vilified — potentially ruined — for unmasking Chevron's questionable environmental record. Chevron, which is suing him and his associates for damages that could reach billions of dollars, says he is simply a con artist.

It is a remarkable turn of events for Mr. Donziger, who has chased after Chevron with the single-mindedness of Ahab. Reports of questionable ethical conduct have cast doubt over his motives. He is accused of engineering the ghostwriting of a crucial report submitted to the Ecuadorean court that decided the case, a claim he says is exaggerated and misconstrues local legal customs. Some of his former allies have abandoned him and signed statements taking Chevron's side.

Even his lawyer in the fraud case has withdrawn himself because, he said, Mr. Donziger could no longer pay his bills. And this month U.S. District Court Judge Lewis A. Kaplan denied Mr. Donziger's plea for a delay in the trial, expressing skepticism that he and his backers did not have the money to hire another lawyer. (Judge Kaplan noted in his ruling that Mr. Donziger stood to gain a fee of over $1 billion should the Ecuadorean judgment, which Chevron is challenging, be enforced.)

The particulars of the case have been litigated and relitigated. Mr. Donziger insists that Chevron's predecessor, Texaco, cut through the Amazon, spilled oil into pristine rain forests and left behind what remains to this day a toxic mess. Chevron says he is an ambulance-chaser who has fabricated facts for his own financial ends, blaming the company for pollution mostly caused by Petroecuador, the national oil company that was once a partner of Texaco and continues to produce oil in the region.

But Mr. Donziger, a bear of a man with a quick laugh and a robust ego, says he is unbowed.

"It is creepy and scary," Mr. Donziger, 51, said of his experiences during a six-hour interview at his home. Chevron, a company worth $240 billion, is trying to scare him away, he says. "When I walk into a deposition and see 15 Chevron lawyers there ready to eat me for lunch, I realize I've been bestowed an honor," he said, smiling.

To which Chevron says: Nonsense. "He thinks he can one-up P. T. Barnum and fool all the people all the time," said Randy Mastro, a lawyer working for Chevron. "But it's his own confidants who have now turned on him."

Many environmentalists, perhaps predictably, are still behind him.

"I have admiration for anyone who is willing to take on a rich, powerful oil company," said Michael Brune, executive director of the Sierra Club and a longtime supporter of Mr. Donziger's efforts. "And to do it for more than two decades is either crazy or impressive and probably both."

These days, Mr. Donziger spends much of his time working at his dining room table below an expansive portrait of Mao walking among his people — more of a joke than an expression of his political beliefs, he says. He still finds time to take his 6-year-old son to school, take yoga classes and walk the dog. His apartment is virtually a gallery of the case. Photographs of Ecuadorean Indians, jungle pipelines and the first day of the Ecuadorean trial hang on its walls.

The origins of the case go back to the 1970s, when Texaco, which was later acquired by Chevron, operated as a partner with the Ecuadorean state oil company Petroecuador in the Amazon.


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Pfizer Settles a Drug Marketing Case for $491 Million

The drug maker Pfizer agreed to pay $491 million to settle criminal and civil charges over the illegal marketing of the kidney-transplant drug Rapamune, the Justice Department announced on Tuesday.

Graham Hughes/The Canadian Press, via Associated Press

Centrum vitamins at a Pfizer plant in Montreal. The drug maker settled charges over illegal marketing for a transplant drug.

The settlement is the latest in a string of big-money cases involving the sales practices of major pharmaceutical companies; four years ago, Pfizer paid $2.3 billion for improperly marketing several drugs. The recent case centers on the practices of Wyeth Pharmaceuticals, which Pfizer acquired in 2009.

Rapamune, which prevents the body's immune system from rejecting a transplanted organ, was approved by the Food and Drug Administration in 1999 for use in patients receiving a kidney transplant. However, federal officials said Wyeth aggressively promoted the drug for use in patients receiving other organ transplants, even offering financial incentives to its sales force to do so.

Accusations of Wyeth's practices became public in 2010 after a whistle-blower lawsuit filed by two former employees was unsealed.

After lawmakers announced a Congressional inquiry, the Justice Department opted to join the lawsuit. The settlement announced Tuesday, which also resolves a second, similar whistle-blower suit, includes a criminal fine and forfeiture of $233.5 million, and a civil settlement of $257.4 million with the federal government, all 50 states and the District of Columbia.

Pfizer disclosed last fall that it was negotiating a settlement in the case, and took a $491 million charge in the third quarter of 2012.

Reuben A. Guttman, a lawyer for two of the whistle-blowers, said the spate of pharmaceutical settlements in recent years had blunted reaction to what he said were shameful practices. "Everybody's been asking me why this case is different than any other," he said. "We used to trust these companies. You can't trust these companies anymore."

In a statement, Pfizer noted that it was not a target of the Justice Department's case, and said the company "cooperated fully with the government from the time it learned of this investigation in October 2009. That cooperation was acknowledged today by the Justice Department."

Also on Tuesday, Pfizer announced that its second-quarter revenues fell 7 percent, to $12.97 billion, from $13.97 billion in the same period last year as it continued to face competition from generic versions of its brand-name drugs. The company's net income quadrupled to $14.01 billion, from $3.25 billion, partly because of the sale of its animal-health business.


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Fight Over Plan for Natural Gas Port Off Long Island

In that area, Liberty Natural Gas, an energy company, hopes to build and operate what would be the first delivery port for liquefied natural gas in New York State, and one of just a few in the country.

The company, along with its supporters, argues that the deepwater import terminal, which would be called Port Ambrose, would lower heating costs by increasing supply and competition, create hundreds of construction-related jobs and generate millions of dollars in state and federal tax revenue.

But opponents say that the port would deepen the region's reliance on fossil fuels and stall efforts to shift toward cleaner forms of energy, like wind and solar.

Whatever the outcome, the proposal that Liberty Natural Gas filed last month with the federal Maritime Administration and the Coast Guard is winding its way through a nearly yearlong process, a timeline that includes environmental impact studies and public hearings and would require, in the end, the governor's approval. Gov. Andrew M. Cuomo has not yet indicated which way he might lean, to the frustration of some environmental groups.

In Nassau and Suffolk Counties, 43 percent of homes and businesses are heated with natural gas, according to National Grid, an electric and gas utility that serves Long Island. Liquefied natural gas has become more viable as its price has declined.

"Eastern Long Island is still on propane," said Jim Donofrio, a former charter boat captain and executive director of the Recreational Fishing Alliance, one of many groups in the region that are reviewing the proposal. "They could use natural gas."

Referring to what he called "showroom environmentalists" who dismiss the Port Ambrose proposal on its face, Mr. Donofrio added, "I want to see them heat their homes on windmills."

As detailed in Liberty Natural Gas's proposal, Port Ambrose would consist of two submerged buoys that would stand about 30 feet off the seabed, with a radius of about 40 feet.

An arriving shuttle vessel with its cold cargo of natural gas would connect to a buoy during the winter months. Over several days, the vessel would regasify its shipment onboard, and deliver natural gas through the buoy, a new pipeline and an existing pipeline.

There would be enough capacity to heat and power more than one million homes throughout the region, said Roger Whelan, the president and chief executive of Liberty Natural Gas.

Skeptics contend that the port is just a backdoor way for Liberty Natural Gas to build an export business, which would be more profitable than importation. The port would operate near the Marcellus Shale, which lies beneath parts of New York and Pennsylvania and contains natural gas that could be tapped, should a state moratorium on the extraction process known as hydrofracking be lifted.

"I think these companies are determined to get in early," said Bruce Ferguson, a founder of Catskill Citizens for Safe Energy. "An import facility just isn't credible. If there's a deepwater port off Long Island, it's going to be irresistible to fracking."

But Liberty Natural Gas has no intention to export natural gas, having neither the technology nor permits to do so, Mr. Whelan said.

"That is one sticking point we find frustrating — the view that we are an export project in disguise," he said in an interview. "Absolutely in no way can this ever be an export project. We have trouble getting that message through."

Instead, Mr. Whelan said, he sees the terminal as a "reasonable and safe" alternative to hydrofracking, one through which natural gas would be shipped into the region.

"This is proven and safe technology," he said. "Our mission: We want to supply an area that is often starved for gas."

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A Race to Save the Orange by Altering Its DNA

Written By Unknown on Minggu, 28 Juli 2013 | 15.49

CLEWISTON, Fla. — The call Ricke Kress and every other citrus grower in Florida dreaded came while he was driving.

"It's here" was all his grove manager needed to say to force him over to the side of the road.

The disease that sours oranges and leaves them half green, already ravaging citrus crops across the world, had reached the state's storied groves. Mr. Kress, the president of Southern Gardens Citrus, in charge of two and a half million orange trees and a factory that squeezes juice for Tropicana and Florida's Natural, sat in silence for several long moments.

"O.K.," he said finally on that fall day in 2005, "let's make a plan."

In the years that followed, he and the 8,000 other Florida growers who supply most of the nation's orange juice poured everything they had into fighting the disease they call citrus greening.

To slow the spread of the bacterium that causes the scourge, they chopped down hundreds of thousands of infected trees and sprayed an expanding array of pesticides on the winged insect that carries it. But the contagion could not be contained.

They scoured Central Florida's half-million acres of emerald groves and sent search parties around the world to find a naturally immune tree that could serve as a new progenitor for a crop that has thrived in the state since its arrival, it is said, with Ponce de León. But such a tree did not exist.

"In all of cultivated citrus, there is no evidence of immunity," the plant pathologist heading a National Research Council task force on the disease said.

In all of citrus, but perhaps not in all of nature. With a precipitous decline in Florida's harvest predicted within the decade, the only chance left to save it, Mr. Kress believed, was one that his industry and others had long avoided for fear of consumer rejection. They would have to alter the orange's DNA — with a gene from a different species.

Oranges are not the only crop that might benefit from genetically engineered resistance to diseases for which standard treatments have proven elusive. And advocates of the technology say it could also help provide food for a fast-growing population on a warming planet by endowing crops with more nutrients, or the ability to thrive in drought, or to resist pests. Leading scientific organizations have concluded that shuttling DNA between species carries no intrinsic risk to human health or the environment, and that such alterations can be reliably tested.

But the idea of eating plants and animals whose DNA has been manipulated in a laboratory — called genetically modified organisms, or G.M.O.'s — still spooks many people. Critics worry that such crops carry risks not yet detected, and distrust the big agrochemical companies that have produced the few in wide use. And hostility toward the technology, long ingrained in Europe, has deepened recently among Americans as organic food advocates, environmentalists and others have made opposition to it a pillar of a growing movement for healthier and ethical food choices.

Mr. Kress's boss worried about damaging the image of juice long promoted as "100 percent natural."

"Do we really want to do this?" he demanded in a 2008 meeting at the company's headquarters on the northern rim of the Everglades.

Mr. Kress, now 61, had no particular predilection for biotechnology. Known for working long hours, he rose through the ranks at fruit and juice companies like Welch's and Seneca Foods. On moving here for the Southern Gardens job, just a few weeks before citrus greening was detected, he had assumed his biggest headache would be competition from flavored waters, or persuading his wife to tolerate Florida's humidity.

But the dwindling harvest that could mean the idling of his juice processing plant would also have consequences beyond any one company's bottom line. Florida is the second-largest producer of orange juice in the world, behind Brazil. Its $9 billion citrus industry contributes 76,000 jobs to the state that hosts the Orange Bowl. Southern Gardens, a subsidiary of U.S. Sugar, was one of the few companies in the industry with the wherewithal to finance the development of a "transgenic" tree, which could take a decade and cost as much as $20 million.

An emerging scientific consensus held that genetic engineering would be required to defeat citrus greening. "People are either going to drink transgenic orange juice or they're going to drink apple juice," one University of Florida scientist told Mr. Kress.

And if the presence of a new gene in citrus trees prevented juice from becoming scarcer and more expensive, Mr. Kress believed, the American public would embrace it. "The consumer will support us if it's the only way," Mr. Kress assured his boss.

His quest to save the orange offers a close look at the daunting process of genetically modifying one well-loved organism — on a deadline. In the past several years, out of public view, he has considered DNA donors from all over the tree of life, including two vegetables, a virus and, briefly, a pig. A synthetic gene, manufactured in the laboratory, also emerged as a contender.

Trial trees that withstood the disease in his greenhouse later succumbed in the field. Concerns about public perception and potential delays in regulatory scrutiny put a damper on some promising leads. But intent on his mission, Mr. Kress shrugged off signs that national campaigns against genetically modified food were gaining traction.

Only in recent months has he begun to face the full magnitude of the gap between what science can achieve and what society might accept.

Millenniums of Intervention

Even in the heyday of frozen concentrate, the popularity of orange juice rested largely on its image as the ultimate natural beverage, fresh-squeezed from a primordial fruit. But the reality is that human intervention has modified the orange for millenniums, as it has almost everything people eat.

Before humans were involved, corn was a wild grass, tomatoes were tiny, carrots were only rarely orange and dairy cows produced little milk. The orange, for its part, might never have existed had human migration not brought together the grapefruit-size pomelo from the tropics and the diminutive mandarin from a temperate zone thousands of years ago in China. And it would not have become the most widely planted fruit tree had human traders not carried it across the globe.

The varieties that have survived, among the many that have since arisen through natural mutation, are the product of human selection, with nearly all of Florida's juice a blend of just two: the Hamlin, whose unremarkable taste and pale color are offset by its prolific yield in the early season, and the dark, flavorful, late-season Valencia.

Because oranges themselves are hybrids and most seeds are clones of the mother, new varieties cannot easily be produced by crossbreeding — unlike, say, apples, which breeders have remixed into favorites like Fuji and Gala. But the vast majority of oranges in commercial groves are the product of a type of genetic merging that predates the Romans, in which a slender shoot of a favored fruit variety is grafted onto the sturdier roots of other species: lemon, for instance, or sour orange. And a seedless midseason orange recently adopted by Florida growers emerged after breeders bombarded a seedy variety with radiation to disrupt its DNA, a technique for accelerating evolution that has yielded new varieties in dozens of crops, including barley and rice.

Its proponents argue that genetic engineering is one in a continuum of ways humans shape food crops, each of which carries risks: even conventional crossbreeding has occasionally produced toxic varieties of some vegetables. Because making a G.M.O. typically involves adding one or a few genes, each containing instructions for a protein whose function is known, they argue, it is more predictable than traditional methods that involve randomly mixing or mutating many genes of unknown function.

But because it also usually involves taking DNA from the species where it evolved and putting it in another to which it may be only distantly related — or turning off genes already present — critics of the technology say it represents a new and potentially more hazardous degree of tinkering whose risks are not yet fully understood.

If he had had more time, Mr. Kress could have waited for the orange to naturally evolve resistance to the bacteria known as C. liberibacter asiaticus. That could happen tomorrow. Or it could take years, or many decades. Or the orange in Florida could disappear first.

Plunging Ahead

Early discussions among other citrus growers about what kind of disease research they should collectively support did little to reassure Mr. Kress about his own genetic engineering project.

"The public will never drink G.M.O. orange juice," one grower said at a contentious 2008 meeting. "It's a waste of our money."

"The public is already eating tons of G.M.O.'s," countered Peter McClure, a big grower.

"This isn't like a bag of Doritos," snapped another. "We're talking about a raw product, the essence of orange."

The genetically modified foods Americans have eaten for more than a decade — corn, soybeans, some cottonseed oil, canola oil and sugar — come mostly as invisible ingredients in processed foods like cereal, salad dressing and tortilla chips. And the few G.M.O.'s sold in produce aisles — a Hawaiian papaya, some squash, a fraction of sweet corn — lack the iconic status of a breakfast drink that, Mr. Kress conceded, is "like motherhood" to Americans, who drink more of it per capita than anyone else.

If various polls were to be believed, a third to half of Americans would refuse to eat any transgenic crop. One study's respondents would accept only certain types: two-thirds said they would eat a fruit modified with another plant gene, but few would accept one with DNA from an animal. Fewer still would knowingly eat produce that contained a gene from a virus.

There also appeared to be an abiding belief that a plant would take on the identity of the species from which its new DNA was drawn, like the scientist in the movie "The Fly" who sprouted insect parts after a DNA-mixing mistake with a house fly.

Asked if tomatoes containing a gene from a fish would "taste fishy" in a question on a 2004 poll conducted by the Food Policy Institute at Rutgers University that referred to one company's efforts to forge a frost-resistant tomato with a gene from the winter flounder, fewer than half correctly answered "no." A fear that the genetic engineering of food would throw the ecosystem out of whack showed in the surveys too.

Mr. Kress's researchers, in turn, liked to point out that the very reason genetic engineering works is that all living things share a basic biochemistry: if a gene from a cold-water fish can help a tomato resist frost, it is because DNA is a universal code that tomato cells know how to read. Even the most distantly related species — say, humans and bacteria — share many genes whose functions have remained constant across billions of years of evolution.

"It's not where a gene comes from that matters," one researcher said. "It's what it does."

Mr. Kress set the surveys aside.

He took encouragement from other attempts to genetically modify foods that were in the works. There was even another fruit, the "Arctic apple," whose genes for browning were switched off, to reduce waste and allow the fruit to be more readily sold sliced.

"The public is going to be more informed about G.M.O.'s by the time we're ready," Mr. Kress told his research director, Michael P. Irey, as they lined up the five scientists whom Southern Gardens would underwrite. And to the scientists, growers and juice processors at a meeting convened by Minute Maid in Miami in early 2010, he insisted that just finding a gene that worked had to be his company's priority.

The foes were formidable. C. liberibacter, the bacterium that kills citrus trees by choking off their flow of nutrients — first detected when it destroyed citrus trees more than a century ago in China — had earned a place, along with anthrax and the Ebola virus, on the Agriculture Department's list of potential agents of bioterrorism. Asian citrus psyllids, the insects that suck the bacteria out of one tree and inject them into another as they feed on the sap of their leaves, can carry the germ a mile without stopping, and the females can lay up to 800 eggs in their one-month life.

Mr. Kress's DNA candidate would have to fight off the bacteria or the insect. As for public acceptance, he told his industry colleagues, "We can't think about that right now."

The 'Creep Factor'

Trim, silver-haired and described by colleagues as tightly wound (he prefers "focused"), Mr. Kress arrives at the office by 6:30 each morning and microwaves a bowl of oatmeal. He stocks his office cabinet with cans of peel-top Campbell's chicken soup that he heats up for lunch. Arriving home each evening, he cuts a rose from his garden for his wife. Weekends, he works in his yard and pores over clippings about G.M.O.'s in the news.

For a man who takes pleasure in routine, the uncertainty that marked his DNA quest was disquieting. It would cost Southern Gardens millions of dollars just to perform the safety tests for a single gene in a single variety of orange. Of his five researchers' approaches, he had planned to narrow the field to the one that worked best over time.

But in 2010, with the disease spreading faster than anyone anticipated, the factor that came to weigh most was which could be ready first.

To fight C. liberibacter, Dean Gabriel at the University of Florida had chosen a gene from a virus that destroys bacteria as it replicates itself. Though such viruses, called bacteriophages ("phage" means to devour), are harmless to humans, Mr. Irey sometimes urged Mr. Kress to consider the public relations hurdle that might come with such a strange-sounding source of the DNA. "A gene from a virus," he would ask pointedly, "that infects bacteria?"

But Mr. Kress's chief concern was that Dr. Gabriel was taking too long to perfect his approach.

A second contender, Erik Mirkov of Texas A&M University, was further along with trees he had endowed with a gene from spinach — a food, he reminded Mr. Kress, that "we give to babies." The gene, which exists in slightly different forms in hundreds of plants and animals, produces a protein that attacks invading bacteria.

Even so, Dr. Mirkov faced skepticism from growers. "Will my juice taste like spinach?" one asked.

"Will it be green?" wondered another.

"This gene," he invariably replied, "has nothing to do with the color or taste of spinach. Your body makes very similar kinds of proteins as part of your own defense against bacteria."

When some of the scientist's promising trees got sick in their first trial, Mr. Kress agreed that he should try to improve on his results in a new generation of trees, by adjusting the gene's placement. But transgenic trees, begun as a single cell in a petri dish, can take two years before they are sturdy enough to place in the ground and many more years to bear fruit.

"Isn't there a gene," Mr. Kress asked Mr. Irey, "to hurry up Mother Nature?"

For a time, the answer seemed to lie with a third scientist, William O. Dawson at the University of Florida, who had managed to alter fully grown trees by attaching a gene to a virus that could be inserted by way of a small incision in the bark. Genes transmitted that way would eventually stop functioning, but Mr. Kress hoped to use it as a stopgap measure to ward off the disease in the 60 million citrus trees already in Florida's groves. Dr. Dawson joked that he hoped at least to save the grapefruit, whose juice he enjoyed, "preferably with a little vodka in it."

But his most promising result that year was doomed from the beginning: of the dozen bacteria-fighting genes he had then tested on his greenhouse trees, the one that appeared effective came from a pig.

One of about 30,000 genes in the animal's genetic code, it was, he ventured, "a pretty small amount of pig."

"There's no safety issue from our standpoint — but there is a certain creep factor," an Environmental Protection Agency official observed to Mr. Kress, who had included it on an early list of possibilities to run by the agency.

"At least something is working," Mr. Kress bristled. "It's a proof of concept."

A similar caution dimmed his hopes for the timely approval of a synthetic gene, designed in the laboratory of a fourth scientist, Jesse Jaynes of Tuskegee University. In a simulation, Dr. Jaynes's gene consistently vanquished the greening bacteria. But the burden of proving a synthetic gene's safety would prolong the process. "You're going to get more questions," Mr. Kress was told, "with a gene not found in nature."

And in the fall of 2010, an onion gene that discouraged psyllids from landing on tomato plants was working in the Cornell laboratory of Mr. Kress's final hope, Herb Aldwinckle. But it would be some time before the gene could be transferred to orange trees.

Only Dr. Mirkov's newly fine-tuned trees with the spinach gene, Mr. Kress and Mr. Irey agreed, could be ready in time to stave off what many believed would soon be a steep decline in the harvest. In the fall of 2010, they were put to the test inside a padlocked greenhouse stocked with infected trees and psyllids.

The Monsanto Effect

Mr. Kress's only direct brush so far with the broader battle raging over genetically modified food came in December 2010, in the reader comments on a Reuters article alluding to Southern Gardens' genetic engineering efforts.

Some readers vowed not to buy such "frankenfood." Another attributed a rise in allergies to genetic engineering. And dozens lambasted Monsanto, the St. Louis-based company that dominates the crop biotechnology business, which was not even mentioned in the article.

"If this trend goes on, one day, there will be only Monsanto engineered foods available," read one letter warning of unintended consequences.

Mr. Kress was unperturbed. Dozens of long-term animal feeding studies had concluded that existing G.M.O.'s were as safe as other crops, and the National Academy of Sciences, the World Health Organization and others had issued statements to the same effect.

But some of his researchers worried that the popular association between G.M.O.'s and Monsanto — and in turn between Monsanto and the criticisms of modern agriculture — could turn consumers against Southern Gardens' transgenic oranges.

"The article doesn't say 'Monsanto' anywhere, but the comments are all about Monsanto," Dr. Mirkov said.

It had not helped win hearts and minds for G.M.O.'s, Mr. Kress knew, that the first such crop widely adopted by farmers was the soybean engineered by Monsanto with a bacteria gene — to tolerate a weed killer Monsanto also made.

Starting in the mid-1990s, soybean farmers in the United States overwhelmingly adopted that variety of the crop, which made it easier for them to control weeds. But the subsequent broader use of the chemical — along with a distaste for Monsanto's aggressive business tactics and a growing suspicion of a food system driven by corporate profits — combined to forge a consumer backlash. Environmental activists vandalized dozens of field trials and protested brands that used Monsanto's soybeans or corn, introduced soon after, which was engineered to prevent pests from attacking it.

In response, companies including McDonald's, Frito-Lay and Heinz pledged not to use G.M.O. ingredients in certain products, and some European countries prohibited their cultivation.

Some of Mr. Kress's scientists were still fuming about what they saw as the lost potential for social good hijacked both by the activists who opposed genetic engineering and the corporations that failed to convince consumers of its benefits. In many developing countries, concerns about safety and ownership of seeds led governments to delay or prohibit cultivation of needed crops: Zambia, for instance, declined shipments of G.M.O. corn even during a 2002 famine.

"It's easy for someone who can go down to the grocery store and buy anything they need to be against G.M.O.'s," said Dr. Jaynes, who faced such barriers with a high-protein sweet potato he had engineered with a synthetic gene.

To Mr. Kress in early 2011, any comparison to Monsanto — whose large blocks of patents he had to work around, and whose thousands of employees worldwide dwarfed the 750 he employed in Florida at peak harvest times — seemed far-fetched. If it was successful, Southern Gardens would hope to recoup its investment by charging a royalty for its trees. But its business strategy was aimed at saving the orange crop, whose total acreage was a tiny fraction of the crops the major biotechnology companies had pursued.

He urged his worried researchers to look at the early success of Flavr Savr tomatoes. Introduced in 1994 and engineered to stay fresh longer than traditional varieties, they proved popular enough that some stores rationed them, before business missteps by their developer ended their production.

And he was no longer alone in the pursuit of a genetically modified orange. Citrus growers were collectively financing research into a greening-resistant tree, and the Agriculture Department had also assigned a team of scientists to it. Any solution would have satisfied Mr. Kress. Almost daily, he could smell the burning of infected trees, which mingled with orange-blossom sweetness in the grove just beyond Southern Gardens' headquarters.

A Growing Urgency

In an infection-filled greenhouse where every nontransgenic tree had showed symptoms of disease, Dr. Mirkov's trees with the spinach gene had survived unscathed for more than a year. Mr. Kress would soon have 300 of them planted in a field trial. But in the spring of 2012, he asked the Environmental Protection Agency, the first of three federal agencies that would evaluate his trees, for guidance. The next step was safety testing. And he felt that it could not be started fast enough.

Dr. Mirkov assured him that the agency's requirements for animal tests to assess the safety of the protein produced by his gene, which bore no resemblance to anything on the list of known allergens and toxins, would be minimal.

"It's spinach," he insisted. "It's been eaten for centuries."

Other concerns weighed on Mr. Kress that spring: growers in Florida did not like to talk about it, but the industry's tripling of pesticide applications to kill the bacteria-carrying psyllid was, while within legal limits, becoming expensive and worrisome. One widely used pesticide had stopped working as the psyllid evolved resistance, and Florida's citrus growers' association was petitioning one company to lift the twice-a-season restrictions on spraying young trees — increasingly its only hope for an uninfected harvest.

Others in the industry who knew of Mr. Kress's project were turning to him. He agreed to speak at the fall meeting of citrus growers in California, where the greening disease had just been detected. "We need to hear about the transgenic solution," said Ted Batkin, the association's director. But Mr. Kress worried that he had nothing to calm their fears.

And an increasingly vocal movement to require any food with genetically engineered ingredients to carry a "G.M.O." label had made him uneasy.

Supporters of one hotly contested California ballot initiative argued for labeling as a matter of consumer rights and transparency — but their advertisements often implied the crops were a hazard: one pictured a child about to take a joyful bite of a pest-resistant cob of corn, on which was emblazoned a question mark and the caption "Corn, engineered to grow its own pesticide."

Yet the gene that makes corn insect-resistant, he knew, came from the same soil bacterium long used by organic food growers as a natural insecticide.

Arguing that the Food and Drug Administration should require labels on food containing G.M.O.'s, one leader of the Environmental Working Group, an advocacy group, cited "pink slime, deadly melons, tainted turkeys and BPA in our soup."

Mr. Kress attributed the labeling campaigns to the kind of tactic any industry might use to gain a competitive edge: they were financed largely by companies that sell organic products, which stood to gain if packaging implying a hazard drove customers to their own non-G.M.O. alternatives. He did not aim to hide anything from consumers, but he would want them to understand how and why his oranges were genetically engineered. What bothered him was that a label seemed to lump all G.M.O.'s into one stigmatized category.

And when the E.P.A. informed him in June 2012 that it would need to see test results for how large quantities of spinach protein affected honeybees and mice, he gladly wrote out the $300,000 check to have the protein made.

It was the largest single expense yet in a project that had so far cost more than $5 million. If these tests raised no red flags, he would need to test the protein as it appears in the pollen of transgenic orange blossoms. Then the agency would want to test the juice.

"Seems excessive," Dr. Mirkov said.

But Mr. Kress and Mr. Irey shared a sense of celebration. The path ahead was starting to clear.

Rather than wait for Dr. Mirkov's 300 trees to flower, which could take several years, they agreed to try to graft his spinach gene shoots to mature trees to hasten the production of pollen — and, finally, their first fruit, for testing.

Wall of Opposition

Early one morning a year ago, Mr. Kress checked the Agriculture Department's Web site from home. The agency had opened its 60-day public comment period on the trees modified to produce "Arctic apples" that did not brown.

His own application, he imagined, would take a similar form.

He skimmed through the company's 163-page petition, showing how the apples are equivalent in nutritional content to normal apples, how remote was the likelihood of cross-pollination with other apple varieties and the potentially bigger market for a healthful fruit.

Then he turned to the comments. There were hundreds. And they were almost universally negative. Some were from parents, voicing concerns that the nonbrowning trait would disguise a rotten apple — though transgenic apples rotten from infection would still turn brown. Many wrote as part of a petition drive by the Center for Food Safety, a group that opposes biotechnology.

"Apples are supposed to be a natural, healthy snack," it warned. "Genetically engineered apples are neither."

Others voiced a general distrust of scientists' guarantees: "Too many things were presented to us as innocuous and years later we discovered it was untrue," wrote one woman. "After two cancers I don't feel like taking any more unnecessary risks."

Many insisted that should the fruit be approved, it ought to be labeled.

That morning, Mr. Kress drove to work late. He should not be surprised by the hostility, he told himself.

Mr. Irey tried to console him with good news: the data on the honeybees and mice had come back. The highest dose of the protein the E.P.A. wanted tested had produced no ill effect.

But the magnitude of the opposition had never hit Mr. Kress so hard. "Will they believe us?" he asked himself for the first time. "Will they believe we're doing this to eliminate chemicals and we're making sure it's safe? Or will they look at us and say, 'That's what they all say?' "

The major brands were rumored to be looking beyond Florida for their orange juice — perhaps to Brazil, where growers had taken to abandoning infected groves to plant elsewhere. Other experiments that Mr. Kress viewed as similar to his own had foundered. Pigs engineered to produce less-polluting waste had been euthanized after their developer at a Canadian university had failed to find investors. A salmon modified to grow faster was still awaiting F.D.A. approval. A study pointing to health risks from G.M.O.'s had been discredited by scientists, but was contributing to a sense among some consumers that the technology is dangerous.

And while the California labeling measure had been defeated, it had spawned a ballot initiative in Washington State and legislative proposals in Connecticut, Vermont, New Mexico, Missouri and many other states.

In the heat of last summer, Mr. Kress gardened more savagely than his wife had ever seen.

Driving through the Central Valley of California last October to speak at the California Citrus Growers meeting, Mr. Kress considered how to answer critics. Maybe even a blanket "G.M.O." label would be O.K., he thought, if it would help consumers understand that he had nothing to hide. He could never prove that there were no risks to genetically modifying a crop. But he could try to explain the risks of not doing so.

Southern Gardens had lost 700,000 trees trying to control the disease, more than a quarter of its total. The forecast for the coming spring harvest was dismal. The approval to use more pesticide on young trees had come through that day. At his hotel that night, he slipped a new slide into his standard talk.

On the podium the next morning, he talked about the growing use of pesticides: "We're using a lot of chemicals, pure and simple," he said. "We're using more than we've ever used before."

Then he stopped at the new slide. Unadorned, it read "Consumer Acceptance." He looked out at the audience.

What these growers wanted most, he knew, was reassurance that he could help them should the disease spread. But he had to warn them: "If we don't have consumer confidence, it doesn't matter what we come up with."

Planting

One recent sunny morning, Mr. Kress drove to a fenced field, some distance from his office and far from any other citrus tree. He unlocked the gate and signed in, as required by Agriculture Department regulations for a field trial of a genetically modified crop.

Just in the previous few months, Whole Foods had said that because of customer demand it would avoid stocking most G.M.O. foods and require labels on them by 2018. Hundreds of thousands of protesters around the world had joined in a "March Against Monsanto" — and the Agriculture Department had issued its final report for this year's orange harvest showing a 9 percent decline from last year, attributable to citrus greening.

But visiting the field gave him some peace. In some rows were the trees with no new gene in them, sick with greening. In others were the 300 juvenile trees with spinach genes, all healthy. In the middle were the trees that carried his immediate hopes: 15 mature Hamlins and Valencias, seven feet tall, onto which had been grafted shoots of Dr. Mirkov's spinach gene trees.

There was good reason to believe that the trees would pass the E.P.A.'s tests when they bloom next spring. And he was gathering the data the Agriculture Department would need to ensure that the trees posed no risk to other plants. When he had fruit, the Food and Drug Administration would compare its safety and nutritional content to conventional oranges.

In his office is a list of groups to contact when the first G.M.O. fruit in Florida are ready to pick: environmental organizations, consumer advocates and others. Exactly what he would say when he finally contacted them, he did not know. Whether anyone would drink the juice from his genetically modified oranges, he did not know.

But he had decided to move ahead.

Late this summer he will plant several hundred more young trees with the spinach gene, in a new greenhouse. In two years, if he wins regulatory approval, they will be ready to go into the ground. The trees could be the first to produce juice for sale in five years or so.

Whether it is his transgenic tree, or someone else's, he believed, Florida growers will soon have trees that could produce juice without fear of its being sour, or in short supply.

For a moment, alone in the field, he let his mind wander.

"Maybe we can use the technology to improve orange juice," he could not help thinking. "Maybe we can find a way to have oranges grow year-round, or get two for every one we get now on a tree."

Then he reined in those thoughts.

He took the clipboard down, signed out and locked the gate.


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Texas Monthly: Maybe Animals Just Need Quality Time With Friends

Christopher Kelly for The Texas Tribune

Louis Dorfman, a self-taught animal behaviorist, at the International Exotic Animal Sanctuary.

At the sight of human visitors, the adult lion rose from his slumber and prowled to the front of a wooded enclosure on the grounds of the 50-acre International Exotic Animal Sanctuary, about 40 minutes north of Fort Worth. He made a chuffing noise, poised somewhere between a growl and an exhalation. He bared just a hint of teeth.

This is the moment when most visitors take a big step back.

Louis Dorfman, the self-trained animal behaviorist who is the chairman of this nonprofit organization, stepped inside. The lion calmly sidled up next to him.

"That sound he's making is just him saying: 'It's O.K. I recognize you. I respect you. I'm glad to see you," he said.

Mr. Dorfman, 75, took a leadership role at the International Exotic Animal Sanctuary 17 years ago. Although he has a law degree and currently serves as the chairman of the Dallas-based Dorfman Production Company, he manages to devote countless hours to promulgating a personal philosophy of animal care that he calls "emotional enrichment."

The idea is for keepers to develop a mutually respectful relationship with the animals and provide companionship that the animals might otherwise miss in a captive setting. Mr. Dorfman personally interacts with many of the 78 animals at the sanctuary, touching noses with the bears and sometimes taking naps with the big cats. He also encourages staff members to pay careful attention to the moods and individual personalities of the animals.

"I don't try to discipline them. I don't give them treats. I don't give them any incentive other than an emotional relationship," Mr. Dorfman said. "The animals choose to modify their behavior because they want me with them."

Mr. Dorfman's efforts to promote his ideas and to see them become commonplace practice seem to be gaining traction. Last month, the sanctuary enjoyed a considerable publicity boost when it welcomed 11 bears that had been grossly mistreated at the Chief Saunooke Bear Park in North Carolina.

Meanwhile the Association of Zoos and Aquariums is overseeing a series of experimental studies on emotional enrichment, partly financed by Mr. Dorfman. Some of the studies explore the neuroscience of calmative behavior.

Many zookeepers around the country already employ their own variations on these techniques. But emotional enrichment is not yet being practiced or taught on an institutional level at zoos or in animal sciences university programs — something that Mr. Dorfman would like to see change. The first round of studies is expected to be completed next year.

"People in the zoological community began to think about animal enrichment 20 years ago," said Paul Boyle, of the Association of Zoos & Aquariums, citing practices, now widespread, like offering zoo animals toys to play with or hiding their food to replicate the experience of foraging in the wild.

According to Dr. Boyle, the association's senior vice president for conservation and education, Mr. Dorfman's theories represent "a natural evolution, and many institutions are thinking about this."

Nonetheless, the sight of Mr. Dorfman crouching beside a brown bear and patting its head as it eats a lunch of raw meat, melon and avocado can be jarring.

Indeed, there are countless stories of human-animal relationships gone bad. They include the death of the naturalist Timothy Treadwell, who spent 13 summers in Alaska living with grizzly bears before they killed him,and mauling by the Las Vegas illusionist Roy Horn in 2006 by one of the white Bengal tigers that performed in the Siegfried and Roy stage show.

Mr. Dorfman argues that tragedies like those occur when humans stop paying heed to the signals animals are sending or when they romanticize their relationships with the creatures. Not all animal professionals have the temperament required to get as close to the animals as he does, Mr. Dorfman acknowledged, but he believes that emotional enrichment can be practiced without direct contact.

"I wouldn't say there's resistance to what we're doing, but I would say there is some people not understanding," said Richard Gilbreth, the sanctuary's executive director. "The problem is that when someone is afraid of something, they usually just don't understand it."

On a recent morning, the animals seemed to be responding favorably to Mr. Dorfman's methods. After just a month in their new home, Mr. Dorfman said, the North Carolina bears were more social and relaxed.

As for the big cats, Mr. Dorfman escorted a visitor — along with Mr. Gilbreth and the sanctuary's lead keeper, Nissa Marione — to a large enclosure and instructed the group to wait outside the fence. A few minutes later, he emerged in the distance, walking alongside a 500-pound white Bengal tiger. Species differences notwithstanding, they looked like two longtime acquaintances taking a leisurely afternoon stroll through the park.

"I know when the big cats are feeling irritated. I know when they are feeling perfectly content and want to say hi," Ms. Marione said as she stood behind a fence and watched Mr. Dorfman. "But in terms of being able to do what he's doing right now, I don't ever foresee myself being able to do that."


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James Gordon Dies at 85; Work Paved Way for Laser

Distinguished Columbia University physicists, some of them Nobel Prize winners, called it a "harebrained scheme." But James P. Gordon, principal builder of a refrigerator-size device that would help revolutionize modern life, believed in it enough to bet a bottle of bourbon that it would work.

He was a 25-year-old graduate student in December 1953 when he burst into the seminar room where Charles H. Townes, his mentor and the inventor of the device, was teaching. The device, he announced, had succeeded in emitting a narrow beam of intense microwave energy.

Dr. Townes's team named it the maser, for microwave amplification by stimulated emission of radiation, and it would lead to the building of the first laser, which amplified light waves instead of microwaves and became essential to the birth of a new technological age. Lasers have found a wide range of practical applications, from long-distance telephone calls to eye surgery, from missile guidance systems to the checkout counter at the supermarket.

In 1964, Dr. Townes and two Russians, Nikolai G. Basov and Aleksandr M. Prokhorov, shared the Nobel Prize for Physics for the development of masers and lasers, the Russians having worked separately from Dr. Townes. Some thought Dr. Gordon, who died on June 21 at 85, deserved a share as well.

At the time of the maser's invention, Dr. Townes credited it "to the triumph and glory" of Dr. Gordon.

"I worked on it with him," he said years later, "but it was really Jim who made it work."

Dr. Gordon handled much of the maser's design work and was the lead author of the one-and-a-half-page paper announcing the achievement in the journal Physical Review in July 1954. He also gave the first talk about it to the American Physical Society.

At Dr. Gordon's 80th birthday party, in 2008, Dr. Townes, who was 93 then, said one reason the Nobel committee did not recognize his younger colleague was its rule that no more than three people can be awarded any one prize.

He also suggested that Dr. Gordon might have been denied the prize because he was a student, although Dr. Basov was, too. Referring to the prize, Dr. Gordon once said, "It would have been too much too soon."

Dr. Townes gave some of his prize money to Dr. Gordon, who used it to buy a Buick station wagon. Dr. Gordon won the bottle of bourbon from a young physicist in the department who, he later learned, had lost a similar bet with Dr. Townes, that one involving a bottle of Scotch.

Dr. Gordon, who lived in Rumson, N.J., died of complications of cancer in a Manhattan hospital, said his wife of 53 years, Susanna.

The maser is credited with inaugurating the field of quantum electronics, which uses a laser's ability to shove around molecules and atoms in the development of electronic devices. Dr. Gordon went on to lead quantum electronics efforts at Bell Laboratories, for many years the world's most innovative scientific organization. The projects ranged from tracing the universe's origins to developing "optical tweezers" to manipulate atoms.

The research yielded many benefits. When Dr. Gordon was made an honorary member of the Optical Society in 2010, the organization's president, James C. Wyatt, said, "His work has led to countless application areas, especially optical communications — the backbone of high-speed Internet today."

Linn Mollenauer, who worked with Dr. Gordon at Bell on laser advances that helped clarify long-distance telephone conversation, said Dr. Gordon tended to wait for his colleagues to bring him seemingly insoluble problems that had emerged from experiments.

"He would listen very patiently and carefully," Dr. Mollenauer said in an interview. "And then he would go away, and a few days later he would come by and present us with a few pages of a beautifully written theoretical model."

Steven Chu, who before becoming secretary of energy in the Obama administration won a Nobel in 1997 for his work on cooling and trapping atoms as a Bell scientist, mentioned Dr. Gordon in his Nobel lecture. He said that when he once asked a colleague a sophisticated physics question, the colleague replied, "Only Jim Gordon really understands the dipole force."


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Number of Catfish Inspectors Drives a Debate on Spending

Written By Unknown on Sabtu, 27 Juli 2013 | 15.49

WASHINGTON — Deep-fried catfish served with a side of hush puppies and coleslaw has been a regional specialty for years and a cash crop for states in the Deep South. Now, catfish is at the heart of a dispute as the House and Senate prepare to work out their differences on a new five-year farm bill. The current bill expires on Sept. 30.

Danny Johnston/Associated Press

Citing food safety, catfish farmers support the Agriculture Department's program.

At issue is a little-known provision in the 2008 bill that established an office within the Agriculture Department to inspect catfish. But those inspection programs also exist at the Food and Drug Administration and the National Oceanic and Atmospheric Administration at the Commerce Department.

The Agriculture Department has traditionally inspected meat and poultry while the F.D.A. has inspected all other foods, including seafood.

Since 2009 the Agriculture Department said that it has spent $20 million to set up the catfish inspection office, which has a staff of four. The department said that it expects to spend about $14 million a year to run it. The F.D.A. spends about $700,000 a year on its existing office.

Despite the cost, the Agriculture Department has yet to inspect a single catfish.

Senator John McCain, Republican of Arizona, said the program reeks of wasteful government spending intended to help one special interest group, and he has vowed to "deep-fry" the catfish program.

On Monday, Mr. McCain and Senator Jeanne Shaheen, Democrat of New Hampshire, sent a letter to Senator Debbie Stabenow, Democrat of Michigan and chairwoman of the Senate Agriculture Committee, asking her to adopt language from the House farm bill that eliminates the additional inspection office. An amendment sponsored by the two senators to cut the program's funding was not included in the Senate's most recent version of the farm bill.

"There is no reason for taxpayers to be subsidizing a duplicative catfish inspection program that will cost millions to set up and another $15 million to operate annually," Ms. Shaheen said. "Eliminating this duplicative program is a matter of common sense."

Catfish farmers and producers in Mississippi say their support of a catfish inspection program at the Agriculture Department is about food safety and imported catfish.

"The F.D.A. is understaffed and little inspection is done of the fish that comes into this country," said Dick Stevens, the president and chief executive of the Consolidated Catfish Company in Isola, Miss. "Fish raised in other countries have been found to have drugs in them. We're just saying everyone should be held to the same standard."

But that argument has little sympathy outside of the catfish industry.

A May 2012 Government Accountability Office report called imported catfish a low-risk food and said an inspection program at the Agriculture Department would "not enhance the safety of catfish but would duplicate F.D.A." and Commerce Department inspections at a cost to taxpayers. The G.A.O. said a food safety law passed in 2010 would give the F.D.A. the resources it needed to adequately inspect foreign foods, including catfish. The Obama administration has called for eliminating the Agriculture Department's catfish inspection program.

Most agriculture groups are also opposed to the Agriculture Department's catfish inspection program. Groups including the American Soybean Association and the U.S. Grains Council signed on to a letter supporting repeal of the program.

Domestic catfish farmers have been hammered in recent years by a combination of rising feed costs and competition from foreign producers, particularly Vietnam and China.

Catfish farmers and producers say the industry has shrunk by about 60 percent since its peak a decade or so ago. In the past few years, 20 percent of the catfish farming operations have closed, which producers attribute to the influx of foreign fish.

The industry has tried to fight back. In 2002, farmers and producers lobbied successfully for a law to prohibit fish from Vietnam from being sold and marketed as catfish, unless it was from a species that was found only in the southern United States.

But that did not stop the flow of fish imports. So, with backing from Southern lawmakers, the industry fought for the 2008 provision in the farm bill that would subject catfish to a more rigorous inspection regimen than the one at the F.D.A.

Gavin Gibbons, spokesman for the National Fisheries Institute, a trade group of seafood producers, including catfish farmers, called the inspection program a backdoor trade restriction.

"What you have is a special interest group trying to use a food safety scare as a trade barrier," Mr. Gibbons said. "It's wholly inappropriate."

But that has not been enough to sway Southern lawmakers like Senator Thad Cochran, Republican of Mississippi.

A staunch defender of the domestic catfish industry, Mr. Cochran was instrumental in getting the inspection provision in the 2008 farm bill. Mississippi leads the nation in catfish production, and a research facility at Mississippi State University dedicated to the study of catfish is the Thad Cochran National Warmwater Aquaculture Center.


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George Mitchell, a Pioneer in Hydraulic Fracturing, Dies at 94

George P. Mitchell, the son of a Greek goatherd who capped a career as one of the most prominent independent oilmen in the United States by unlocking immense natural gas and petroleum resources trapped in shale rock formations, died on Friday in Galveston, Tex. He was 94.

James Estrin/The New York Times

On a hunch, Mr. Mitchell began drilling shale rock formations in the Texas dirt fields where he had long pumped oil and gas.

His family confirmed the death.

Mr. Mitchell's role in championing new drilling and production techniques like hydraulic fracturing, or "fracking," is credited with creating an unexpected natural gas boom in the United States. In a letter to President Obama last year, Daniel Yergin, the energy scholar and author, proposed that Mr. Mitchell be awarded the Presidential Medal of Freedom.

"It is because of him that we can talk seriously about 'energy independence,' " he said. (Mr. Mitchell did not receive the award.)

Mr. Mitchell combined academic training as a petroleum engineer and geologist with a gambler's cunning to become an influential businessman worth $2 billion. He was a petroleum industry spokesman, then a persistent voice for "sustainable," or environmentally responsible, economic growth. On 27,000 piney acres north of Houston, he built a town called The Woodlands partly to demonstrate his ideas.

The most significant chapter in his life came last. In the 1980s and '90s, when many energy analysts foresaw only irreversible declines in hydrocarbon supplies, Mr. Mitchell got busy poking holes in Texas dirt on the hunch that they were wrong. Marshaling mostly existing technologies, he began fracturing shale rock formations in fields where he had long pumped oil and gas at shallower depths.

After 17 years of trying, Mr. Mitchell finally hit pay dirt with gushers of gas in 1998. The flow was so prodigious that a competitor thought that the announcement was a practical joke. The $6 million that Mr. Mitchell had put into the project was "surely the best development money in the history of gas," The Economist magazine said.

The success enabled him to sell his company, the Mitchell Energy and Development Corporation, to the Devon Energy Corporation for $3.5 billion in 2001. Included in the sale were the results of years of drilling more than 10,000 wells, many of which still yielded hydrocarbons.

Fracking uses water and chemical injections to force more oil from reservoirs. Both the Gas Technology Institute, a nonprofit research organization, and the federal Energy Department worked with Mr. Mitchell, giving him technical help and some financing. He also received federal tax credits.

Techniques for hydraulic fracturing vary, but Mr. Mitchell's involved drilling straight down, then making a 90-degree turn thousands of feet underground to penetrate shale formations horizontally. A high-pressure mix of chemical- and sand-laced water was then injected, releasing trapped gas.

Fracking and other unconventional techniques have doubled North American natural gas reserves to three quadrillion cubic feet — the rough equivalent of 500 million barrels of oil, or almost double Saudi Arabia's crude inventory. The increase came after four decades of declines. Gas is also being economically produced in northern states like New York, which had been considered barren of commercial hydrocarbons.

The same techniques worked for oil extraction. The Oil and Gas Journal reported this April that a well that would have produced 70 barrels a day using conventional drilling can produce 700 with fracking. North Dakota's oil boom is one result.

Environmentalists and landowners worry that the new techniques will pollute groundwater and cause other environmental problems, particularly as they are deployed in virgin territories. Industry promises that good engineering practices will curb abuses, and some independent studies support that view.

"We can frack safely if we frack sensibly," Mr. Mitchell and Mayor Michael R. Bloomberg of New York wrote last year in an op-ed column in The Wall Street Journal.

Mr. Mitchell's roots reached back to Greece, where his father, Savvas Paraskevopoulos, tended goats before immigrating to the United States in 1901, arriving at Ellis Island at the age of 20. He worked for railroads, and gradually moved west. When a paymaster got tired of writing his long name and threatened to fire him, Mr. Paraskevopoulos took the paymaster's name, Mike Mitchell.

Mike Mitchell settled in Galveston, where he ran a succession of shoe-shining and pressing shops. When he saw the picture of a beautiful woman in a local Greek newspaper, he headed for Florida, where she had settled, according to family lore. He persuaded her to abandon her fiancé and marry him. They lived above the shoeshine shop.


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Virginia Johnson, Widely Published Collaborator in Sex Research, Dies at 88

George Tames/The New York Times

Sex researchers William H. Masters and Virginia E. Johnson interviewed a couple at the Reproductive Biology Research Foundation in St. Louis in 1969.

Virginia E. Johnson, a writer, researcher and sex therapist who with her longtime collaborator, William H. Masters, helped make the frank discussion of sex in postwar America possible if not downright acceptable, died on Wednesday in St. Louis. She was 88.

Her son, Scott Johnson, confirmed the death.

Dr. Masters was a gynecologist on the faculty of the Washington University School of Medicine in St. Louis when he began his research into human sexuality in the mid-1950s. Ms. Johnson, who joined him in 1957 after answering an advertisement for an assistant, worked alongside him for more than three decades. She was variously his research associate, wife and former wife.

The collaborators burst into public consciousness with their first book, a clinical tome titled "Human Sexual Response." All about sensation, it created precisely that when it was published by Little, Brown in 1966. Although Masters and Johnson deliberately wrote the book in dry, clinical language to pre-empt mass titillation, their subject — the physiology of sex — was unheard-of in its day.

The book made Masters and Johnson an institution in American popular culture. They were interviewed widely in the news media, wrote for popular magazines including Playboy and Redbook, and on more than one occasion caused heated public controversy. Their work was discussed in rapt half-whispers at suburban cocktail parties and even inspired a band, Human Sexual Response, a Boston-based New Wave group of the late 1970s and early '80s.

Their other books, also published by Little, Brown, include "Human Sexual Inadequacy" (1970); "The Pleasure Bond: A New Look at Sexuality and Commitment" (1974, with Robert J. Levin); "Human Sexuality" (1982, with Robert C. Kolodny); and "Masters and Johnson on Sex and Human Loving" (1986, with Dr. Kolodny).

The couple's work was therapeutic as well as scientific. The medical establishment had long treated sexual dysfunctions psychoanalytically, but Masters and Johnson took a more physical approach. They were credited with helping thousands of men with impotence and premature ejaculation, and thousands of women with difficulty in achieving orgasm, among other problems. In doing so, they helped establish the field of modern sex therapy, training a generation of therapists throughout the country.

The couple's research corrected many longstanding scientific misconceptions and overturned age-old cultural taboos. Much as the biologist Alfred C. Kinsey had paved the way for Masters and Johnson with his reports on human sexuality in the 1940s and early '50s, Masters and Johnson in turn helped make possible the mainstream careers of later authorities like Alex Comfort, the author of "The Joy of Sex" (1972), and Dr. Ruth Westheimer.

It was an index of just how much their work had been accepted, Masters and Johnson told The Washington Post in 1978, that Johnny Carson had not made a single joke about them in the previous two years.

More than any investigator before them, Masters and Johnson moved sex out of the bedroom and into the laboratory, where it could be observed, measured, recorded, quantified and compared. While Kinsey had relied on interviews and questionnaires to elicit accounts of his subjects' sexual habits, Masters and Johnson gathered direct physiological data on what happens to the human body during sex, from arousal to orgasm.

Working with an initial group of 694 volunteers — 382 men and 312 women — Masters and Johnson hooked subjects up to instruments that recorded heart rate, brain activity and metabolism as they copulated or masturbated. Using a tiny camera placed in an artificial phallus, they were able to capture direct evidence, previously unseen, of what happens inside the vagina during female sexual arousal.

Among their findings were these:

■ Contrary to popular belief, there was absolutely no difference between a vaginal orgasm (the good kind, according to Freud) and a clitoral orgasm (the bad kind).

■ The length of a man's penis has no bearing on his ability to satisfy his partner.

■ For elderly people, a group long considered sexually demure if not altogether chaste, vigorous sexual activity was not only possible but normal.

This article has been revised to reflect the following correction:

Correction: July 27, 2013

Because of an editing error, an obituary on Friday about Virginia E. Johnson, who collaborated with Dr. William H. Masters on pioneering research into sexual behavior, omitted her survivors. They are her son, Scott Johnson; her daughter, Lisa Young; and two grandchildren. The obituary also misstated the year their organization, the Reproductive Biology Research Foundation, in St. Louis, was renamed the Masters & Johnson Institute. It was in 1978, not 1973.


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Op-Ed Contributor: High-Tech, High-Risk Forensics

Written By Unknown on Kamis, 25 Juli 2013 | 15.49

SAN FRANCISCO — WHEN the police arrived last November at the ransacked mansion of the millionaire investor Raveesh Kumra, outside of San Jose, Calif., they found Mr. Kumra had been blindfolded, tied and gagged. The robbers took cash, rare coins and ultimately Mr. Kumra's life; he died at the scene, suffocated by the packaging tape used to stifle his screams. A forensics team found DNA on his fingernails that belonged to an unknown person, presumably one of the assailants. The sample was put into a DNA database and turned up a "hit" — a local man by the name of Lukis Anderson.

Bingo. Mr. Anderson was arrested and charged with murder.

There was one small problem: the 26-year-old Mr. Anderson couldn't have been the culprit. During the night in question, he was at the Santa Clara Valley Medical Center, suffering from severe intoxication.

Yet he spent more than five months in jail with a possible death sentence hanging over his head. Once presented with Mr. Anderson's hospital records, prosecutors struggled to figure out how an innocent man's DNA could have ended up on a murder victim.

Late last month, prosecutors announced what they believe to be the answer: the paramedics who transported Mr. Anderson to the hospital were the very same individuals who responded to the crime scene at the mansion a few hours later. Prosecutors now conclude that at some point, Mr. Anderson's DNA must have been accidentally transferred to Mr. Kumra's body — likely by way of the paramedics' clothing or equipment.

This theory of transference is still under investigation. Nevertheless, the certainty with which prosecutors charged Mr. Anderson with murder highlights the very real injustices that can occur when we place too much faith in DNA forensic technologies.

In the end, Mr. Anderson was lucky. His alibi was rock solid; prosecutors were forced to concede that there must have been some other explanation. It's hard to believe that, out of the growing number of convictions based largely or exclusively on DNA evidence, there haven't been any similar mistakes.

In one famous case of crime scene contamination, German police searched for around 15 years for a serial killer they called the "Phantom of Heilbronn" — an unknown female linked by traces of DNA to six murders across Germany and Austria. In 2009, the police found their "suspect": a worker at a factory that produced the cotton swabs police used in their investigations had been accidentally contaminating them with her own DNA.

Contamination is not the only way DNA forensics can lead to injustice. Consider the frequent claim that it is highly unlikely, if not impossible, for two DNA profiles to match by coincidence. A 2005 audit of Arizona's DNA database showed that, out of some 65,000 profiles, nearly 150 pairs matched at a level typically considered high enough to identify and prosecute suspects. Yet these profiles were clearly from different people.

There are also problems with the way DNA evidence is interpreted and presented to juries. In 2008, John Puckett — a California man in his 70s with a sexual assault record — was accused of a 1972 killing, after a trawl of the state database partially linked his DNA to crime scene evidence. As in the Anderson case, Mr. Puckett was identified and implicated primarily by this evidence. Jurors — told that there was only a one-in-1.1 million chance that this DNA match was pure coincidence — convicted him. He is now serving a life sentence.

But that one-in-1.1 million figure is misleading, according to two different expert committees, one convened by the F.B.I., the other by the National Research Council. It reflects the chance of a coincidental match in relation to the size of the general population (assuming that the suspect is the only one examined and is not related to the real culprit). Instead of the general population, we should be looking at only the number of profiles in the DNA database. Taking the size of the database into account in Mr. Puckett's case (and, again, assuming the real culprit's profile is not in the database) would have led to a dramatic change in the estimate, to one in three.

One juror was asked whether this figure would have affected the jury's deliberations. "Of course it would have changed things," he told reporters. "It would have changed a lot of things."

DNA forensics is an invaluable tool for law enforcement. But it is most useful when it corroborates other evidence pointing to a suspect, or when used to determine whether any two individual samples match, like in the exonerations pursued by the Innocence Project.

But when the government gets into the business of warehousing millions of DNA profiles to seek "cold hits" as the primary basis for prosecutions, much more oversight by and accountability to the public is warranted. For far too long, we have allowed the myth of DNA infallibility to chip away at our skepticism of government's prosecutorial power, undoubtedly leading to untold injustices.

In the Anderson case, thankfully, prosecutors acknowledged the obvious: their suspect could not have been in two places at once. But he was dangerously close to being on his way to death row because of that speck of DNA. That one piece of evidence — obtained from a technology with known limitations, and susceptible to human error and prosecutorial misuse — might mistakenly lead to execution at the hands of the state should send chills down every one of our spines. The next Lukis Anderson could be you. Better hope your alibi is as well documented as his.

Osagie K. Obasogie, a professor of law at the University of California, Hastings, and a senior fellow at the Center for Genetics and Society, is the author of the forthcoming book "Blinded by Sight: Seeing Race Through the Eyes of the Blind."


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Louisiana Agency Sues Dozens of Energy Companies for Damage to Wetlands

Mario Tama/Getty Images

Wetlands in Barataria Bay, La., in 2011.

Louisiana officials filed a lawsuit on Wednesday against dozens of energy companies, hoping that the courts will force them to pay for decades of damage to fragile coastal wetlands that help buffer the effects of hurricanes on the region.

"This protective buffer took 6,000 years to form," the state board that oversees flood-protection efforts for much of the New Orleans area argued in court filings, adding that "it has been brought to the brink of destruction over the course of a single human lifetime."

The suit, which was denounced by Louisiana's governor, Bobby Jindal, was filed in civil district court in New Orleans by the board of the Southeast Louisiana Flood Protection Authority-East. The board argues that the energy companies, including BP and Exxon Mobil, should be held responsible for fixing damage done by cutting thousands of miles of oil and gas access and pipeline canals through the wetlands. It alleges that the network functioned "as a mercilessly efficient, continuously expanding system of ecological destruction," killing vegetation, eroding soil and allowing salt water into freshwater areas.

"What remains of these coastal lands is so seriously diseased that if nothing is done, it will slip into the Gulf of Mexico by the end of this century, if not sooner," the filing stated.

Mr. Jindal, a Republican, harshly criticized the lawsuit, releasing a statement saying the levee board had "overstepped its authority" and would damage Louisiana's ability to tackle coastal issues effectively.

"We're not going to allow a single levee board that has been hijacked by a group of trial lawyers to determine flood protection, coastal restoration and economic repercussions for the entire state of Louisiana," he said.

John M. Barry, an author and a member of the flood protection authority board, said the board had not been hijacked, but had investigated its ability to hire the outside law firm and conferred with the state's attorney general before proceeding. He added, "Our board is independent and arrived at its position based on its collective scientific and policy judgment."

Mr. Barry said there were other causes of coastal wetlands loss, including decisions by the Army Corps of Engineers over the decades to design navigation and flood-control systems for the Mississippi River that kept its waters from delivering the sediment that once nourished the wetlands. Still, he said, "we just want them to fix what they broke."

Gladstone N. Jones III, a lawyer for the flood protection authority board, said the plaintiffs were seeking damages equal to "many billions of dollars. Many, many billions of dollars."

Mr. Jones noted that whatever role the government might have had in wetlands loss, Washington had spent billions on repairing and strengthening hurricane defenses since the system built by the Corps of Engineers failed after Hurricane Katrina in 2005. By taking the companies to court, he said, "we want them to come and pay their fair share."

A spokeswoman for BP said the company would have no comment. A spokesman for Exxon Mobil said the company had no comment at this time.

The role of the industry is well documented in scientific studies and official reports. In calling for remediation efforts, a 2012 report by the state's Coastal Protection and Restoration Authority stated, "Dredging canals for oil and gas exploration and pipelines provided our nation with critical energy supplies, but these activities also took a toll on the landscape, weakening marshes and allowing salt water to spread higher into coastal basins."

The suit argues that the environmental buffer serves as an essential protection against storms by softening the blow of any incoming hurricane before it gets to the line of levees, flood walls, and gates and pumps maintained and operated by the board. Losing the "natural first line of defense against flooding" means that the levee system is "left bare and ill-suited to safeguard south Louisiana," the lawsuit says.

The "unnatural threat" caused by exploration, it states, "imperils the region's ecology and its people's way of life — in short, its very existence."

The lawsuit relies on well-established legal theories of negligence and nuisance, as well as elements of law more particular to the Louisiana Civil Code, including "servitude of drain," which relates to changing patterns of water flow and drainage across the Bayou State. Even though the industry has been producing oil and gas for 100 years, because the damage is continuing to occur, the board argues, the statute of limitations should not apply.

Walter Olson, a Cato Institute expert on litigation who often expresses skepticism about civil litigation, said that he could not comment extensively without seeing the filing, but that "it sounds like the sort of thing you couldn't dismiss out of hand." He said some environmental lawsuits, like one against power companies over the effects of climate change on sea-level rise and its effect on the Alaskan town of Kivalina, incorporate creative legal arguments that may not stand up in court. "It's not Kivalina," he said, if the plaintiffs can point to specific people or entities causing specific damage. He added that proving causation in court, however, "can be a big headache."

No other state agencies have joined the lawsuit, and Mr. Barry said that during preparation of the suit, his board had not discussed the case with other levee boards. The politically powerful oil and gas industries might bring pressure to bear on others who might be inclined to join, Mr. Jones said, but now that the case has been filed, "it really raises the question that's going to be asked at a whole lot of boards across southern Louisiana: Can we really afford not to do this?"


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Fort Tells of Spain’s Early Ambitions

By Jeffery DelViscio, Pedro Rafael Rosado, Kriston Lewis, Robin Lindsay, Abe Sater and Michael Mason

Could the South Have Gone to Spain?: John Wilford discusses newly uncovered Fort San Juan, a Spanish outpost dating back to the 1500s.

In the Appalachian foothills of western North Carolina, archaeologists have discovered remains of a 16th-century fort, the earliest one built by Europeans deep in the interior of what is now the United States. The fort is a reminder of a neglected period in colonial history, when Spain's expansive ambitions ran high and wide, as yet unmatched by England.

If the Spanish had succeeded, Robin A. Beck Jr., a University of Michigan archaeologist on the discovery team, suggested, "Everything south of the Mason-Dixon line might have become part of Latin America." But they failed.

 Researchers had known from Spanish documents about the two expeditions led by Juan Pardo from the Atlantic coast from 1566 to 1568. A vast interior seemed open for the taking. This was almost 20 years before the failure of the English at Sir Walter Raleigh's "lost colony" near the North Carolina coast or their later successes in Virginia at Jamestown in 1607 and at Plymouth Rock in 1620 — the "beginnings" emphasized in the standard colonial history taught in American schools.

One of Pardo's first acts of possession, in early 1567, was building Fort San Juan in an Indian town almost 300 miles in the interior, near what is known today as the Great Smoky Mountains. It was the first and largest of six forts the expedition erected on a trail blazed through North and South Carolina and across the mountains into eastern Tennessee. At times Pardo was following in the footsteps of Hernando de Soto in the 1540s.

Pardo's orders were to establish an overland road to the silver mines in Mexico, on the mistaken assumption that the Appalachians were the same mountain chain that ran through central Mexico. No one then had a sure handle on the near and far of New World geography. Even the written records of the de Soto expedition beyond the Mississippi River did not seem to clarify matters; they did not come with maps.

After years of searching, archaeologists led by Dr. Beck, Christopher B. Rodning of Tulane University in New Orleans and David G. Moore of Warren Wilson College in Asheville, N.C., came upon what they described in interviews as clear evidence of the fort's defensive moat and other telling remains of Fort San Juan. The discovery in late June was made five miles north of Morganton, N.C., at a site long assumed to be the location of an Indian settlement known as Joara, where military artifacts and burned remains of Spanish-built huts were also found.

While excavating a ceremonial Indian mound at the site, the archaeologists encountered different colored soil beneath the surface. Part of the fort's defensive moat had been cut through the southern side of the mound. Dr. Beck said that further excavations and magnetometer subsurface readings showed that the moat appeared to extend more than 70 to 100 feet and measured nearly 12 feet wide and 6 feet deep, in a configuration "typical of European moats going back to the Romans."

Other remote sensing surveys showed subsurface anomalies suggesting burned timbers of the palisades and an irregularity that may well be ruins of the "strong house" inside, where tools, weapons and lead shot were stored. Investigating these artifacts is on the agenda for next summer's excavations, Dr. Beck said.

Chester B. DePratter, an archaeologist at the University of South Carolina who is an authority on Spanish exploration in the Southeastern United States, happened to be at the Joara site as an independent observer when the discovery was made.

"I am certain that they have found the long lost Fort San Juan," Dr. DePratter said last week. "The coming years, as the moat and blockhouse inside are excavated, will be quite exciting."

The discovery was significant, he added, because it emphasized the Spanish advance deep into the interior by 1566, long before "the English built a fort as far inland as Fort San Juan, much less as far west as the French Broad River near Knoxville" — which was "well into the 17th century."

None of the other Pardo forts have been found. Spanish records report that about 18 months after Fort San Juan's construction, Indians in the region rebelled and put the torch to them all, killing all but one of the soldiers in the garrisons. Pardo, who had returned to his base at Santa Elena on the coast at present-day Parris Island, S.C., lived to return home to Spain.

The provocation for the Indian uprising is not clear, though Dr. Beck noted that "food and sex were probably two of the main reasons" for destroying the Spanish settlements.

 Although the soldiers prospected for gold around Fort San Juan, they never found any. Yet Dr. Beck noted that  much later settlers scooped up nuggets near local rivers, setting off a gold rush before the 49ers of California. Had the people of Joara given Pardo's soldiers time to discover gold, Dr. Beck speculated, Spain would probably have flooded the area with settlers "and everything changes and nearly everybody in the southeastern part of the country might be speaking Spanish today."

This article has been revised to reflect the following correction:

Correction: July 24, 2013

Because of an editing error an article on Tuesday referred incorrectly to a 16th century fort discovered last month near Morganton, N.C. The fort is thought to be the first one built by Europeans in what is now the interior of the United States, not the first one built by Europeans in the Americas. The error was repeated in the headline.

This article has been revised to reflect the following correction:

Correction: July 25, 2013

A map with an article on Tuesday about the discovery of a 16th-century fort last month near Morganton, N.C., labeled incorrectly a state that borders Virginia to the west. It is Kentucky, not West Virginia.


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