Editor’s note: For capitalism, “renewable” energy is a transition to green(greed) colonialism. Splinter colonization is still the policy of the day, divide and conquer the masses and corrupting local elites with bribery.
Capitalists benefit from business-friendly legal doctrines and a uniform regulatory system. They do not have to contend with patchwork prohibitions and restrictions enforced by sovereign communities that require FPIC and put their sovereignty into practice by persuasion or physical force, refusing obedience and cooperation. No justice, no peace, so the guerrillas will keep investors away.
“Municipalities are the white man’s reservations. The only difference is, we know we’re on reservations.” – Debra White Plume (Wioweya Najin Win).
People of the global north must look upstream to the damage they cause to communities whose resources are being extracted by outsourcing diminished health and welfare externalities associated with alternative forms of energy.
The Philippine government has approved 99 hydropower projects in the mountainous Cordillera region, part of a broader plan to rely on renewable energy sources for 35% of the country’s power by 2030.
The planned projects are dividing rural communities between those who believe the dams will bring in jobs and money and those who fear damage to water sources and cultural sites.
The Cordillera region, home to many Indigenous groups, has a deep history of activism against dams.
It’s also heavily militarized as one of the last bastions of an armed communist insurgency — a circumstance state security forces are apparently exploiting to coerce communities into compliance.
KALINGA, Philippines — On the mountainsides flanking the mighty Chico River in the northern Philippines’ Kalinga province, residents of once tight-knit villages have drifted apart in recent years. Hearty greetings between neighbors tending to farmlands have been replaced with avoidant looks or glowering stares.
“We don’t talk much like before,” says Gohn Dangoy, a 59-year-old farmer of the Naneng tribe in Kalinga’s Tabuk city. “If we do, we argue. Families and friends alike are at odds.” He says the “deep division” started because of the proposed dam on the Chico River.
West of Tabuk, locals in the municipality of Balbalan live in fear of the military operations that began around the same time the hydropower projects rolled into town.
They remember the first of the bombings happening in March 2023, as they were sound asleep on the night following their annual Manchachatong festival. Eufemia Bog-as, 30, recalls jumping from her bed at around 2 a.m. “It was like an earthquake. I heard a big boom six times. I went outside and the sky was covered with smoke,” she tells Mongabay. The government and military said they were targeting armed rebels, who were supposedly stirring up opposition against the dams.
“They told us, it’s because we’re against development,” Bog-as says.
Kalinga is one of six provinces in the northern and mountainous Cordillera region, populated by the Indigenous Igorot people. For more than 50 years, the government has been in conflict with armed communist guerrillas in the countryside. During that time, the military has often set up posts in rural villages to stifle dissent and support for the rebels.
Now, the government is eyeing the resource-rich region for a bevy of renewable energy initiatives.
A pivot to renewable energy by the Philippine government has led to a wave of hyrdoprojects projects across the Cordillera region. Image by Andrés Alegría / Mongabay.
Since 2015, the Department of Energy has greenlit 99 hydropower projects in the region, with total combined generating capacity of more than 4,000 megawatts. Of these, 52 are listed by their proponents as being in the development stage, 32 in pre-development, and 15 already operating commercially.
At every stage of development, the hydropower projects are breeding conflict and fracturing communities between those who favor them for ushering in modernity, and those who resent the potential damage to farms, burial grounds and water sources. Moreover, experts believe that the staggering amount of projects threatens to drastically reshape the region’s hydrogeography and economy for the worse. Throughout the Cordillera mountains, Igorot communities opposing the dams are frequently reporting militarization and even aerial bombings close to pasturelands and villages.
Both national and local governments have firmly backed the spate of projects.
President Ferdinand Marcos Jr. has styled himself as something of a climate champion. In his 2023 state-of-the-nation address, he hyped his administration for “aggressively promoting renewables so that it provides a 35% share in the power mix by 2030.”
In the same speech this year, Marcos spoke of having approved projects with a combined more than 3 trillion pesos ($54 billion) in investments for four priority sectors, including renewable energy. He called it a “crucial step” in addressing climate change.
To that end, the Cordillera region is similarly crucial for the government’s renewables pivot. The region hosts the headwaters of 13 major river systems and can harness around 30% of the country’s hydropower potential, six times more than what the Philippines makes use of at present.
And in 2022, the Cordillera regional council announced plans to fast-track renewable energy projects. For local communities and activists, this raises the question of whether these changes jeopardize the natural landscape and livelihoods in one of the country’s most resource-rich and culturally diverse regions.
Dam disagreements
In the 1970s, Kalinga’s Indigenous communities, led by Macli-ing Dulag, now a national icon, famously resisted construction of a huge dam on the Chico River. Dulag was killed by state forces in 1980, but the project was shelved and the struggle blossomed into a discourse on safeguarding ancestral domains.
Since then, just a single 1-MW micro dam has been built in Kalinga, and its operations were suspended in 2021 after farmers complained of decreased water flow for irrigation. Now, however, the province is the proposed site of 19 hydropower projects across its rivers, with the famous Chico among them.
Australian-owned JBD Water Power Inc. (JWPI) heads four of these planned projects, two each on the Saltan and Cal-oan rivers. The Saltan River projects are still in the consultation stage, while the villages along the Cal-oan River have registered opposing views to the projects there.
In March 2023 and August 2024, Mabaca village filed petitions with the National Commission for Indigenous Peoples (NCIP), registering its disapproval of the 45-MW Mabaca 2 Dam on Cal-oan.
The latest petition intends to stall the free, prior and informed consent (FPIC) process required for the project to commence. It asserts the river as part of the community’s ancestral domain, thus giving it “legitimate claims to the watershed.”
Only initial talks have taken place. However, local leaders say the NCIP is forceful about the project, planning 12 further consultations with reluctant villagers.
Village captain Barcelon Badin says he’s seen the project blueprints and fears the dam will compromise their already scarce food sources since it “will clearly drown our rice fields.”
But downstream in Buaya, the next village over, locals are ready to sign a memorandum of agreement, a major step toward securing FPIC, with JWPI for the 40-MW Buaya hydropower project.
Hydropower projects have met with differening receptions in Cordillera villages such as Balbalan, Mabaca and Buaya. Image by Andrés Alegría / Mongabay.
Jermito Jacinto, an elder of the Buaya’s Butud tribe, is now a JWPI consultant. He says the project offers jobs, cheaper electricity, scholarships for children, and several million pesos in annual revenue for local authorities.
“Cal-oan River is full of honey and sugar but we don’t know how to use it,” Jacinto tells Mongabay.
He chides the villages that continue to hold out, calling their aversion to development a “hangover” from rebel rhetoric. Buaya and Mabaca villages are squabbling over these projects, as the former seeks revenue while the latter says any disruption to any part of the river risks the fields of all.
Having examined other dams in the region, former Balbalan mayor Eric Gonayon disputes any promise of growth associated with the dams.
“They will not develop the roads, only use them to relocate us from our heritage for the benefit of foreigners and businesses,” he tells Mongabay.
He scoffs at the potential revenue the projects could generate, saying “It’s not even worth 1% of the resources they’ll extract from us. It’s like they’re giving us candy but taking the whole shop!”
The Cal-oan River, also known as Mabaca River, where Australian-owned JBD Water Power Inc. (JWPI) has two planned hydropower projects. Image by Michael Beltran.
The Department of Energy mandates that companies allot village officials 0.01 pesos per kilowatt-hour, roughly 0.09% of average electricity sales.
Farther east in the provincial capital, Tabuk, the Karayan Hydropower Corporation, with ties to Singaporean investors, has secured memorandums of agreement with the three affected tribes this year for the 52-MW Karayan Dam on the Chico River.
Various tribal representatives allege the FPIC process was fraught with irregularities including bribery, withholding information, and excluding anyone against the dam from consultations.
Members of the Naneng tribe, who live in an area recognized by the province as a heritage village, say the dam will raise waters, drowning their coffee and rice fields and their ancestral burial sites.
“The ones who said yes were either bribed or unaffected!” says Dangoy, the farmer in Tabuk, who has rejected any financial assistance from the company in exchange for their consent. “What happens to our ‘rest in peace’ if we lose our tombs? We won’t replace that with a chance to be employees at the dam. The company won’t give jobs to all us farmers.”
Farmer Gohn Dangoy, of the Naneng tribe, says proposed dams have already caused deep divisions in his community. Image by Michael Beltran.
The NCIP has denied any wrongdoing, stating publicly that it consulted with all affected residents.
In Bagumbayan, one of the affected areas, village captain Andrew Cos-agom, says the dam’s critics won’t listen to reason. He swears by the project because it was twice surveyed by the city government and a third party and both gave assurances there would be minimal changes to the villages.
“It’s just a minority opposing the dam,” Cos-agom tells Mongabay.
However, Dominic Sugguiyao, the Kalinga provincial government’s environment and natural resources officer, refutes this. He says the surveys, which haven’t been made public, show that erosion and submersion are a distinct possibility. Sugguiyao says “misinformed politicians” are too blinded by the prospect of collecting taxes from these projects to see the negative impacts.
Because the Chico River is such a vital water and irrigation source, Sugguiyao says, the dam could inflict massive harm through siltation. “The fish and eels won’t be able to swim upstream!” he says.
Sugguiyao accuses the NCIP of brokering agreements with local communities on behalf of the companies and officials as though it were a one-sided middleman. “They just want to make money. Even without a consensus, they’ll make it seem like there is one,” he says.
When Mongabay raised these points with the NCIP’s regional office, it responded that “We would give no comments considering that issues are still being resolved.”
A man in Kalinga Province wears a shirt reading “No to Dam.” Image by Michael Beltran.
On the whole
Ariel Fronda, head of the Department of Energy’s hydropower division, says the surge in hydro projects is a good sign, a step away from fossil fuels and toward “energy self-reliance.”
The department has been tasked with speeding up project approvals with the help of a 2019 law, known as EVOSS (Energy Virtual One-Stop Shop), which guarantees that developers with a signed contract will be awarded approval in just 30 days. The law also enjoins the NCIP to standardize the release of FPIC approval in 105 days.
Additionally, the department updated its awarding and project guidelines in June, urging officials to troubleshoot complications for developers. Fronda tells Mongabay that he personally visited Kalinga earlier this year, speaking to officials about streamlining projects to meet their 2030 targets.
Fronda says not everything has gone according to plan, citing snags in obtaining community consent and political approval as the main obstacles — such as “when an elected official endorses a project, then, after elections, is replaced by someone who doesn’t.”
Fronda says the state must persist in explaining the benefits of hydropower. “We’ll save money with cheaper electricity!” he says.
Jose Antonio Montalban, an environmental and sanitation expert with the group Pro-People Engineers and Leaders (Propel), says pushing so many projects in such a small geographic area is “alarming.”
“It could have severe impacts on the Cordillera’s ecology and communities; altering basic features too quickly without understanding the area’s carrying capacity,” he says.
Abruptly altering rivers can choke water flows at several junctures, which Montalban says compromises supplies to communities that depend on them daily. “All these projects are intended to detain water,” he says.
Montalban adds that flash floods could become increasingly common during typhoon seasons, when dams have to abruptly release their load.
Lulu Gimenez, of the Cordillera People’s Alliance, raises concerns about the impact to food sources. “What about all the farms that depend on irrigation sources? They’ll either disappear or decrease their yield,” she says.
Rosario Guzman, research head at the Ibon Foundation, an economic think tank, calls into question the Department of Energy’s promise of cheaper electricity. The Philippine power sector is fully privatized, and because of this big businesses will reap the main benefits, Guzman says.
“Energy is a natural monopoly and demand for it is inelastic. By this nature, opening it up to other players in the guise of getting the best price that competition brings will only result in a monopoly price,” Guzman tells Mongabay.
Relying on renewables for more accessible energy will only work through “strong state intervention,” which will “redound to cheaper electricity and service and cheaper costs of production and commodities,” they add.
Locally, Sugguiyao laments how projects like the Karayan Dam will end the livelihoods of those who quarry sand and gravel. He says the industry is worth billions of pesos and its loss will “cost the locals millions.”
Residents of villages close to the Chico River meet to discuss plans to dam the river for hydroelectricity. Image by Michael Beltran.
Bombs follow
Since 2022, civil society groups have documented bombings and permanent military presence close to communities opposed to various renewable energy and mining projects.
Caselle Ton, of the Cordillera Human Rights Alliance (CHRA), brands the soldiers “investment defense forces,” adding that the heightened militarization is intended to “terrorize and coerce communities into accepting the projects.”
In March 2023, the military dropped bombs on Balbalan on two separate days, supposedly targeting armed guerrillas in the area. The CHRA documented bombs dropped on the provinces of Abra and Ilocos Sur on the same day in April this year. The latest bombs fell in June, in Balbalan once again.
In Abra, peasant and antimining leader Antonio Diwayan was killed in October 2023 by soldiers who claimed he was a guerrilla. The military also labeled a slew of prominent antimining and antihydropower activists as terrorists.
In October 2022, the military described Cordillera as the “last bastion” of a decades-long insurgency in the Philippines.
Kalinga Governor James Edduba likewise called on the entire region in August last year to support the efforts of the troops to weed out dissent. “Only peace and order will give us hope and development. If we have peace in our communities, the investors will surely come to Kalinga,” he said.
However, for Bog-as, the Balbalan resident and witness to the municipality’s bombings, the problem is the military makes no distinction between civilian dissent and insurgent activity.
“We hear it from the soldiers themselves, they blame us progressives who are keeping them here. Because we don’t want their dams or mines,” she says.
Johnny a farmer in Balbalan who asked to use a pseudonym for his safety, describes how the military’s once occasional presence turned permanent since the hydropower project was proposed.
Speaking in the Ilocano language, Johnny tells Mongabay: “The soldiers hold monthly and quarterly meetings. They force farmers’ associations to admit we’re supporting the guerrillas so that we can ‘clear our names.’ If we agree, it’s like we’re accepting their accusations. But we just want to fight for our community.”
Johnny says there are undoubtedly some rebels in the region, but the military paints civilians with the same brush. He also tells of how roving soldiers have disrupted their work in the fields.
“We don’t have any freedom to visit our fields. Children and adults alike would run away at the sight of a soldier!” he says.
The Philippine government’s continued press for renewables is causing friction among the villages of one of its most resource-rich regions. If all goes according to the state’s fast-tracking, Cordillera might never be the same.
Banner Chico River in Kalinga Province by Michael Beltran.
Editor’s note: While this article could have been written about any extractive industry, it has focused on offshore wind turbine farms. These destructive projects should require at least as much scrutiny as an offshore oil rig, but they are not. Because in the name of climate mitigation, they are rushed through without consideration for the damage they will cause, or even their effectiveness in serving this purpose and need for existence. Which is usually just based only on government mandates. And this is all done in the name of Big Environmentalism. DGR does not believe the Bright Green Lies of mainstream environmental NGOs.
People who believe that offshore wind turbines can help solve climate change are misinformed. Because the facts are that they will not. Even the companies building them make no such claim. And thetruth, based on facts, will always trump belief. I am not a climate denier, but you don’t have to be a climate denier to know that these things are bad and aredoomed to failure. And you also don’t have to belinked to the fossil fuel industry, the same people that knew they were causing global warming and therefore threatening the very existence of the planet. Yet, in pursuit of profit, fossil fuel executives not only refused to publicly acknowledge what they had learned but, year after year, lied about the existential threat that climate change posed for our planet. “Renewable” energy projects should require just as must scrutiny from regulators and environmentalists as fossil fuel projects.
Truth be told, most rebuildable “renewable” energy extractive companies are also liars, and have ties tofossil fuel companies. In reality what is really going on is aboondoggle, that you won’t hear about in mainstream corporate media because they only givedisinformation. After years of rebuildable energy – solar and wind infrastructure – the world used more fossil fuels in 2023 than it did in 2022, as it did the year before that and the year before that. We are in fact using more fossil fuel than ever before. From61 thousand terawatts-hours of primary energy consumption in 1973, which was the year of the OPEC oil embargo, when governments began to massively support research and development of large wind turbines and solar panels, to 137 thousand today. This is well over twice as much. In that same period, emissions grew from 17 billion metric tons of CO2 emissions to the37 billion metric tons today. A 20 billion metric ton increase in the last 50 years. And after all of that, 80 percent of our energy use still comes from fossil fuels. Thepercent of US energy use from electricity has remained the same, about 20 percent. Of that, wind turbines account for 7 percent and solar energy provides 2 percent of total US electricity used. So the dream of a 100 percent electric power supply is just that, a dream.
Why? Because theseenergy intense extractive technologies require massive amounts of fossil fuels to produce and those emissions areadding onto what is already being used, not reducing it (Jevons paradox). Thus spewing more planet-heating carbon dioxide into the atmosphere at a time when greenhouse gas emissions world wide must nosedive to stop extreme weather from growing more unpredictable and violent. The only reason CO2 emission may drop in countries installing rebuildable extractive energy and electric vehicles is because they have outsourced the mining and manufacture of these machines to other countries, thus increasing the CO2 emissions in those countries. LNG has replaced dirty coal to run power plants. Add on to all of this, easy access resources are gone. So theEnergy Return On Investment (EROI) has gone down sharply in that time. Instead of Jeb shooting for some food, we have to use fracking and offshore drilling, mountaintop removal and deep sea mining. In the foreseeable future, the energy needed to produce our energy needs could approach unsustainable levels, a phenomenon called “energy cannibalism.”
If this continues, the so called “green” energy transition will in fact be an energy correction, complements of Mother Nature, bigger and more storms, flooding, fire, drought and biodiversity collapse. These are no longer natural disasters, instead these more powerful weather events are man made.
Nature is not more complicated than you think, it is more complicated than you CAN think” ~Frank Edwin Egler
Rebuildable extractive energy capturing machines arenot clean except through greenwashing and are only making ourpredicament worse. The trillions in government subsidies given to this sector only makes therich richer. The Inflation Reduction Act (IRA) should more appropriately be called the 4th Industrial Revolution Act. This is government redistribution of wealth from the working class to offshore transnational state sponsored corporations and the wealthy financial class, which are also principally owned by fossil fuel companies. Ultimately any money that is offered by them as payouts for grants, agreements, promotion or mitigation will come from the utilityratepayer. This is ascam that is notfinancially feasible without trillions in government subsidies. This is what their balance sheet looks like. What is done to the natural environment is even worse.
Wildlife and wind turbines are an uncomfortable mix. Rotating turbine blades can make short work of anyone or anything unlucky enough to collide with them, but direct mortality is only part of the story. Having reviewed the available evidence from around the world,biologists in Finland have found that 63 percent of bird species, 72 percent of bats and 67 percent of terrestrial mammals are displaced from areas where turbines are installed. The same holds true for offshore wind farms, to include fish and marine mammals. Wind turbines are an invasive species to functioning ecosystems that took millions of years to create. The building process is a war zone. The noise and devastation are a disaster to fragile ecosystem habitats. Consider how you would feel if these massive monsters were put up next to your house in your town. The oceans, from which we came, are the lungs of the planet. Life can not exist if the delicate balance is disrupted. These projects are doomed to failure in more ways than one.
True resilience and sustainability comes by thinking globally and acting locally. The land base that people live on should be able to, on its own, continually feed, clothe and house the people who live on it. It makes no sense to destroy the sustainable food provided by the ocean in order to keep the lights on. It is preferable to eat in the dark than to starve in the light. Also know that fish farms are in the same league as wind farms. It is an enclosure of the commons for corporate control of our food supply, what they call “The Blue Economy”.
How do we know that offshore wind will be a “pain” now and into the future forfishing, tourism, cultural heritage, beauty, integrity, stability, sustainability, ecological balance and quality of life? Millions of dollars are offered up to mitigate (bribe) it. Money would better be spent to mitigate the already abandon mines, fossil fuel wells and habitat degradation. This is where our good paying jobs should be working, to protect the planet. Life on the planet can be saved, a modern industrial lifestyle cannot.
Step 1. Create an effective advertising campaign for Your Destructive Offshore Wind Project
Use a name that has a certain historical, cultural, or environmental value for the communities. Change the name from Pilgrim and Mayflower(tone deaf) to South Coast Wind or Vineyard Wind(more like Graveyard). Call it “clean”, “green”, “renewable” energy that is the solution to climate change and save our lifestyle. With the right branding, people will drink any poison, pinwheels for everyone.
Step 2. Get the Local Government on Your Side
Pay off the local politicians to agree and hand out licenses. Tell them there is nothing they can do to stop it, so they should just get the best Good NeighborHost Agreement possible or get nothing.
Step 3. Lobby as Much as Possible to Bend the Law in Favor Offshore Wind
Create legal loopholes and tax credits for corporations, behind closed doors. Speed up the “permit” your destruction process. Buy-off federal and state politicians and corporate capture regulatory agencies. Nobody wants these in their backyard, let’s just put them out to sea.
Step 4. Presents! Buy Off Public Opinion
Build a new school, library(Carnegie) or sewer system. Or just offer money as compensation to do with as you wish. The major ENGOs have entered intoagreement with offshore wind: Natural Resources Defense Council, National Wildlife Federation, and Conservation Law Foundation andtaken money; Audubon Society, The Nature Conservancy, World Wildlife Fund, Environmental League of Mass., Sierra Club, etc. along with aquariums, universities and the media.
Step 5. Offer a Compromise
Let us destroy this land/sea here and we will protect some other land/sea. Or agree with us and we will let you have a say in how the destruction will occur. This project has to be done to stop climate change, we have to destroy the planet to save it. There must be sacrifice zones. Sorry that your home is being destroyed but don’t be a NIMBY(Not In My Backyard). Actually when respondents of national surveys begin to think about ideas of what rebuildable energy entails, such as offshore wind, their support often diminishes. There will be painful trade-offs, trying to preserve comfortable lives. Most of that pain will come from other species. But if we acknowledge that our modern industrial lifestyle is causing the end of life on the planet, we must say NOPE(Not On Planet Earth).
Step 6. Threats Are Effective Deterrents
If you file a law suit against this project, we will file a lawsuit against you, a SLAPP(Strategic Lawsuit Against Public Participation). Focus on the leaders of the struggle. Scaring people works. This smear tactic was conducted by the prestigious Ivy League College Brown against the opponents to offshore wind. Attack the messenger. In the global south, this is done literally. Real nice place you got here, it would be a sham if something bad happened to it.
Step 7. Create Chaos and Conflict; Divide the Community in Two Camps
Tout the temporary “good paying union” jobs you will create over the permanent sustainable jobs, fishing andtourism, destroyed forever. Destroying a food source never makes good sense. What is truly needed, at this time of ecological collapse, is food sovereignty. Where jobs are hard to come by this is called poverty pimping. Then don’t forget to accuse those opposed to offshore wind of promoting “disinformation“. Push it as a choice in political values, Republicans against Democrats. There is a backlash against “renewable” energy. It’s turned Democrats into Republicans.
Step 8. Having Wrought Havoc, Now Frame It as a Successful Story of Growth and Prosperity
Welcome to the great big beautiful tomorrow, shining at the end of every day. Technology has fixed the problem that it has created! Too bad it is a dystopian science fiction. No one willingly wants to destroy their environment. It is done because of the Golden Rule: Whoever has the gold, makes the rules! Not to mention that these companies have gotten out of paying most of the taxes required of multinationals. And avoid putting emphasis on the fact that the jobs are short term, while the environmental damage is forever.
If you would like to help stop The Blue Economy of offshore wind, see Green Oceans https://green-oceans.org/
FOR IMMEDIATE RELEASE
Contact:Ben Martin Steinreich Communications (212) 491–1600 bmartin@scompr.com
GREEN OCEANS LEADS35CO–PLAINTIFFSINLAWSUITALLEGINGU.S. AGENCIES ILLEGALLYAPPROVEDOFFSHORE WIND PROJECTS
LITTLE COMPTON, R.I. – Rhode Island-based Green Oceans, a non-partisan, grassroots not-for-profit organization dedicated to protecting the ocean and the ecosystems it sustains, filed a lawsuit in U.S. District Court for the District of Columbia, alleging four federal agencies shortcut statutory and regulatory procedures and violated environmental protection laws by approving the South Fork and Revolution Wind projects. An additional 35 co-plaintiffs joined the litigation.
The suit alleges that the U.S. Department of the Interior, Bureau of Ocean Energy Management (BOEM), National Marine Fisheries Service (NMFS), the U.S. Army Corps of Engineers and their respective administrative leaders, issued permits for the two projects on the critical marine habitat known as Coxes Ledge, despite the acknowledgment of serious irreversible harm and without adequate environmental impact studies. The lawsuit asks the court to invalidate the approvals for both projects until the government complies with all relevant statutes and regulations.
“In a rush to meet state mandates, we cannot short-circuit our country’s most important environmental and natural resource policies. This suit will ensure the federal government follows its own rules and regulations,” said Green Ocean’s Co-founder and President Dr. Elizabeth Quattrocki Knight.
Filed under the Administrative Procedure Act, the suit intends to prove that the federal agencies violated eight statutes, including the National Environmental Policy Act, Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, Coastal Zone Management Act, National Historic Preservation Act, Outer Continental Shelf Lands Act, Clean Water Act, and their associated regulatory programs.
The suit highlights the alarming scale of proposed offshore wind plans – up to 1,000 turbines, each towering over 870 feet high. The closest turbines will reside just 12.9 nautical miles from the Rhode Island coast. Collectively, the nine projects planned for the waters off the coast of Rhode Island represent the largest offshore development anywhere in the world. The Green Oceans suit alleges that BOEM did not adequately consider the cumulative impact of the entire lease area, a legal requirement. No geographic boundaries exist between the nine different projects planned for the 1,400 square miles of coastal waters between Massachusetts and Rhode Island.
“Marine mammals will not appreciate whether any given turbine belongs to one project or another. Legally, BOEM must evaluate the collective impact, not just each project in isolation,” Dr. Quattrocki Knight emphasized. The projects threaten to permanently alter the environmentally sensitive Coxes Ledge, one of the last remaining spawning grounds for Southern New England cod and an important habitat for the North Atlantic right whale and four other endangered whale species.
Barbara Chapman, a Green Oceans trustee, added, “Even people who support the concept of wind power understand the threat to sea life. On the official NOAA site, they have granted the developer of Revolution Wind, just one project of many, permission to harm and harass over 13,000 marine animals, including 568 whales, during the course of a single year. We do not consider 13,000 a small number.”
“BOEM admits the projects will have adverse impacts on the health of our fisheries, navigation safety, historic resources, the North Atlantic right whale, and environmental justice populations, while having no effect on climate change. Why accept this irreversible environmental damage for no overall gain?” questions Green Ocean’s Co-founder and Vice President, Bill Thompson.
Co-plaintiffs to the suit include the Responsible Offshore Development Alliance, Save Right Whales Coalition, New England Fishermen’s Stewardship Association, Bat World Sanctuary, three former Rhode Island Fisherman’s Advisory Board members, along with local and regional recreational fishermen, sailors, boaters, pilots, conservationists, residents, and leading members of the business community.
Green Oceans is a nonprofit, non-partisan group of community members dedicated to combating climate change without jeopardizing biodiversity or the health of the ocean. For more information or to get involved, visit: https://green-oceans.org/.
Editor’s Note: This press release from CELDF (Community Environmental Legal Defense Fund) describes a gag order put against an activist, Tish O’Dell, for talking about her concerns on the use of an industrial byproduct in her community. The gag order was placed in 2012. Since then, tests have affirmed that not only was the product toxic, it is also high in radioactive elements. Lawsuits by big corporations against activists are one of the tools used to shut down any form of resistance. We have talked about it also in the context of the lawsuit against activists and tribal members involved in protecting Thacker Pass. After a decade during which new research has been conducted, Tish O’Dell has appealed for a termination on the gag order.
OHIO, Cuyahoga County – On Friday, June 16, a motion was filed in the Cuyahoga Court of Common Pleas for relief from judgment for Tish O’Dell to terminate the permanent injunction from a Strategic Lawsuit Against Public Participation (SLAPP) filed against her in March 2012 by Duck Creek Energy which claimed defamation and loss of business profits.
O’Dell had been active at the time, educating both her community, elected leaders and neighbors about the harmful effects of urban oil/gas drilling happening in her community of Broadview Heights and surrounding communities by sending emails, posting information online and attending community meetings. In the process, she had learned of Duck Creek Energy’s road de-icer, AquaSalina, which according to Duck Creek Energy President, Dave Mansbery, was a byproduct of oil/gas drilling. O’Dell’s concern increased upon learning, from test results reported to the Ohio Department of Natural Resources (ODNR), about the high levels of substances like benzene, toluene and ethylbenzene contained within the supposedly harmless de-icer. These substances are known to be carcinogenic. She also continued to conduct more research on ODNR’s website and in other places in order to inform herself and educate others as to what takes place during the drilling process and fracking.
“When I learned that AquaSalina was being used on my community’s streets as well as in neighboring communities, I wanted to inform people about what I had learned,” said O’Dell. “I felt people needed to know what was being spread on the roads that they, their kids, and their pets were walking on. And common sense indicated to me that what is spread on our streets gets into our air and our lawns and goes down street drains to water supplies. I knew the oil/gas industry was powerful, but I also believed in my right and everyone’s right to free speech and the right to question the government and their decisions. I had never heard of a SLAPP lawsuit until there was a knock at my front door and the person asked if I was Tish O’Dell and told me ‘You’ve been served’.”
After a year of court filings, depositions, and much pressure directed against O’Dell’s inclination to go to trial, a settlement was signed in the fall of 2013. Part of the settlement involved granting a permanent injunction, an extraordinary remedy in a defamation case, against O’Dell, prohibiting her from using certain words to describe the product AquaSalina. During this time Mansbery began bottling and selling the product on store shelves in local hardware stores and even at several Lowe’s locations in Ohio. This afforded activists and scientists the opportunity to purchase the product and begin testing it. And in the decade since, there has been much research and testing of the product by the state agency ODNR, universities, Rolling Stone Magazine and other publications. The tests affirmed that not only was the product chemically toxic, it is also high in radioactive elements, Radium 226 and 228. In October 2021 the Ohio Department of Transportation stopped using AquaSalina in part because of the environmental concerns.
Because these recent test results and scientific research papers didn’t exist in 2012, O’Dell is filing this motion to dissolve the court order so she can again speak freely and warn people about the dangers of this product to both humans and nature. There have been several attempts over the past few years to pass a law at the state level which would make a commodity out of this drilling byproduct. And with the state opening up leasing of park land for fracking this year, there will be more brine produced.
“SLAPP suits are just another tool used by industry and corporations to silence and intimidate those who speak out against them and their activities,” stated Wyatt Sugrue, Chicago attorney. “The goal is not only to silence journalists, individuals and organizations, but to also make others afraid to speak up. In recent years there have been high profile cases of SLAPP suits against John Oliver and HBO, Mother Jones Magazine and recently Texas Gubernatorial candidate Beto O’Rourke who was served with a SLAPP by the CEO of Energy Transfer Partners, Kelcy Warren.”
As stated in the motion:
The Ohio court system has in essence allowed a limited-purpose public figure, Duck Creek Energy, to immunize itself from public scrutiny, and the court system is acting as the personal police force for the company to stop such scrutiny.
“What I have learned over the past decade is how our system, controlled by an elite minority, is quashing the people’s constitutional rights. I witnessed this first hand working with so many great people across the state who were also attempting to protect their own communities and nature. They inspired me to do this,” stated O’Dell. “I can’t just tell others to stand up for their rights and what they believe in and to have courage even when it seems scary, and not practice what I preach.”
A recent article by EarthJustice, September 2022, sums it up, “We aspire for the courts to be an institution that upholds the rights of all, however, SLAPP suits are a way for the rich and powerful to abuse the court system and turn it into a tool that silences individuals and organizations. SLAPP suits disguise themselves as legitimate lawsuits, and while most end up being dismissed, their real goal is quashing legitimate dissent and protest in the process. Protesting is one of the cornerstones of our democracy, a right so important in the early days of our country that it is explicitly included in the first amendment. One thing is clear. Our courts must uphold this right for everyone and cannot become tools for the rich and powerful to abuse power and limit the ability of all of us to seek justice and speak out against issues impacting our communities.”
In the O’Rourke SLAPP, it has been discovered that Warren, the plaintiff, has also made campaign contributions to six of the nine Texas Supreme Court Justices that could ultimately hear the case.
According to CELDF Attorney Terry Lodge, “Ending the gag order on Tish O’Dell is important to our work as an organization. CELDF works with community members and activists throughout the state and country to assert their constitutional and democratic rights to expose harms and stand up for protecting the community and nature. If the wealthy and powerful can file lawsuits to silence their voices, those must always be opposed.”
Editor’s Note: The following events are not organized by DGR. We stand in solidarity with both of these and encourage our readers to get involved in these if possible.
Radical Resilience and Restoration for Wetland Rights
On June 28th CELDF’s Kai Huschke will be presenting at the Society for Wetland Scientists annual conference. Joining Kai on the panel Socio-Ecological Resilience and Adaptation: Implementing Rights of Wetlands will be Senior Ecologist/Natural Climate Solutions Specialist Gillian Davis from BSC Group, Inc. and Tufts University Global Development & Environment Institute, Matthew Simpon, Director from the UK based organization 35percent, and Bill Moomaw, Tufts University Professor Emeritus. The four have been active as part of a global collective working on the community and national levels for the legal rights of wetlands.
Globally for the last 200 years the prevailing directive governmentally, legally, economically, scientifically, and culturally has been to extract and exploit the natural world for the wants and needs of a single species – humans. Colonization has never stopped; it has merely changed its stripes and patterns of speech but behaviorally it continues to conquer into submission and extinction the life forces of the planet with wetlands receiving a disproportionate amount of abuse.
The emergence of legal rights of nature efforts over the last 20 years in North America and across the globe is a potent force for the cultural shift necessary to actualize living from, in, with, and as nature. Wetlands restoration efforts in the name of rights of wetlands can only occur if there is a restoration of the human species on a massive scale that would allow for the healthy and harmonious balance of living from, in, with, and as nature. Science along with other aspects of the culture must reject colonizing systems of law, economics, governance, and even science itself and develop methods and systems outside the dominant one.
Many books have been written about wealth, power and politics in the United States. Most of them make intuitive sense. Wealthy people use their power to influence and control politics. But Ben Price’s new book is often counterintuitive as he explores how wealth itself is imbued with power.
CELDF is making available, a serialization of Ben Price’s book. You can read this award-winning book in free installments of downloadable pdf files and join Ben Price for monthly webinars to discuss the book in the sequence of shared chapters.
Editor’s Note: Jane Anne Morris’ 2005 essay “Help! I’ve Been Colonized and I Can’t Get Up” is considered a classic text within the community rights movement. It criticizes the regulatory regime of environmental and public health protection, which has ultimately helped corporations standardize and de-risk investments, while failing to prevent ecological collapse. Instead of participating in this system, Morris proposes six legal changes which would substantially limit corporate power.
The problems described in this essay have only become even worse since 2005. Barriers to challenging corporate-friendly legal structures are numerous, deeply embedded, and well-defended by teams of lawyers, lobbyists, and politicians who are entrenched in government and other institutions like military units employing defense-in-depth. Seventeen years of anti-corporate-power organizing, since this essay was written, has yet to breach these barricades.
Morris’ essay today can be read in at least two ways: first, as calling for a populist effort to reign in corporate power, as she originally intended the piece; and second, as a historic account of advancing corporate power which calls for strategic and ethical escalation in defense of planet Earth.
Take a Lawyer and an Expert To a Hearing and Call Me In a Decade
By Jane Anne Morris
A third of your friends are locked down Reclaiming the Bill of Rights, Building a Movement in an old growth grove or at a corporate headquarters, with law enforcement officers rubbing pepper spray in their eyes. Another third are preparing testimony so you can be persuasive at a generic regulatory agency hearing while you’re begging them to enforce a tiny portion of our laws. The third third are trying to raise money to pay lawyers to get your friends out of jail (after they’ve been released from the hospital) or take the regulatory agency to court (after it declines to enforce the law).
The pepper spray, groveling and money-grubbing might not be so bad if we could honestly say that the earth is better off today than it was four years ago. I can’t honestly say that.
This diatribe is an effort to take a hard look at what we’re doing and insinuate some new elements into the debate. It’s not intended to belittle any of our efforts, point fingers, or assign blame, so don’t take it personally. We are all earthlings.
Our campaigns follow the gambling addiction model. The last bet didn’t pay off but the next one might if… if… if we just had a new, improved tripod, three more experts, more labor or church support, ten more elected officials on our side, a hundred more people at the demo, or a thousand more letters in the mail…. Who are we kidding? We are just doing the “same old thing” over and over again and fooling ourselves that it might work next time.
We are stuck in a feedback loop where our failures are interpreted as signs that we should repeat our failed tactics, but try harder. This is what it is to be colonized. The telltale sign is not that we’re failing, but that we’re fooling ourselves, and don’t see it as a feedback loop.
If our minds are not colonized, then how come almost every Earth First! Journal action piece starts with a banner or a lockdown and ends with a plea to write a letter to a white male bigshot? (Go ahead, look through back issues. It goes on for years and years.)
Over at corporate headquarters they have a steeper learning curve.
Despite the occasional bag of guts on the committee table or clever banner, it must be reassuring for corporate executives and those who serve them to sit back and smile at the success of their containment efforts, and the predictability of our campaigns.
The issue of whose minds are colonized is a delicate one. We all know people whose minds have been colonized. Who are they? They are other people — people out there. They are somebody else. Not us.
It’s time we did the unthinkable and asked ourselves if we have been colonized. What do we see when we compare our strategies to corporate strategies?
Many of our groups are organized to save wolves, butterflies, trees, prairie flowers, rivers, deserts, or estuaries. But corporation executives don’t organize to destroy the wolves, butterflies… flowers… estuaries. Nor do they organize to pollute the air, spoil the rivers, or promote five-legged frogs.
This asymmetry should give us pause as we try to understand why corporations are on a roll while we’re stuck in a feedback loop. Let’s look again.
Corporate strategy leverages their power; their efforts reinforce and magnify each other. Our strategy splits our resources and dissipates our power.
Corporate strategy aims to increase the power that corporations have over people. That means that when a single corporation gets a victory, it helps all other corporations, too. They are all stronger, they all have more power, and the people have less.
We work on separate harms. When we lock down to one old growth stand, others go unprotected. When we protest about one chemical, others go unprotested. When we testify to preserve one watershed, others are not spoken for.
We have whole campaigns directed at one chemical, one corporation, one species, one grove of trees, one article of clothing.
In doing so, we fracture our resources. While we’re out working on a “Chlorine is Bad” or “Wolves are Good” campaign, we’re not working on all of the other chemicals, animals, trees, etc., that also need attention.
Some of us argue that this fracturing is inevitable, because there’s so much wrong in the world. (Declaring a problem to be inevitable is a great way to justify not talking about it. Another gift to the corporate world view.)
Others of us think that the fracturing results from not being organized enough, or not being organized right. This opens the door for endless bickering about whether we should organize by bioregion or by article of clothing, by species or by chemical, by issue or by occupation. Either way, we’re still fractured.
Being fractured is another way of being colonized.
Another sure sign of being colonized is when you censor yourselves, and don’t even wait for others to do it. Some of our self-imposed limitations are right off of a corporate wish list.
We have a strange “but it’s the law” syndrome. Why can’t we bring up important issues at EPA hearings? It’s regulatory (administrative) law. Why can’t we get our views accurately presented on TV? It’s (corporate) private property law and FCC regulations. Why can’t we imprison corporate executives for what their corporations do? It’s liability law.
So what do we do? We toe the line at the EPA hearing. We dress up as animals to get a moment on TV. We let lying corporate executives lie.
That is, we work around the defining laws that are the groundwork for a rigged system. We’re looking for favors, lucky breaks. We don’t even dream of control, yet we call this a democracy.
This is being colonized.
Corporation representatives do not feel constrained in this way. Nothing is too destructive, too audacious, too outrageous for them to attempt. After all, they have most of us believing and not even objecting to the idea that corporations have “rights.” In early 1998 an association of corporations (itself a corporation that supposedly has “free speech” rights, according to prevailing legal opinion) sued a talk show host in Texas for saying that she’s going to stop eating hamburgers.[1]
Then there’s the Zen of “Describing The Problem.”
We need our storytellers, we need our scribes, we need our analysts, we need our own human fonts of crazy ideas. We needed Silent Spring.[2] By now we have the equivalent of Son of Silent Spring, Daughter of Silent Spring, Second Cousin Once Removed of Silent Spring. But habitat destruction continues as fast as we can describe it, if not faster. Our compulsion to Describe The Problem (something we do really well) serves a purpose, especially for people who think there’s no problem, but the people who need to hear it the most aren’t hearing it. We’re Describing The Problem to each other in lavish detail, which crowds out efforts to rethink our whole strategy.
Are we doing anything other than lurching back and forth between Describing The Problem and then buckling the seatbelt on our feedback loop? I for one think I’ve heard enough “Bad Things About Corporations,” and I’m pretty tired of working on campaigns that will not only fail, but fail in predictable ways.
How have we been colonized? Let me count the ways. We interpret failures as signals to do the same things over again. We are predictable. Our strategies and styles of organizing fracture and dilute our resources. We either accept this dilution as inevitable, or blame each other for not organizing right. We censor ourselves, in thought and action. We act as though if we Describe The Problem to each other enough, it might go away.
And now, we can argue about whether we’ve been colonized or not. Corporate management is popping extra popcorn for this one.
But enough of what we do. What do corporations do? (The question should be, “What do people do behind the fiction of corporations?” One of the signs of our being colonized is that we personify corporations. I’ve been trying to avoid that in this piece but… help, I’ve been colonized and I need help getting up….)
Corporate management figured out a hundred years ago that fighting against each other, competing and diluting their resources was weakening them and limiting their power. So they don’t do that any more.
So what do people do while hiding behind the corporate shield? The short version is that they write a script for us, and we follow it. Then they write a script for themselves, and we don’t even read it.
A big part of the script written for us involves Regulatory Law (including environmental and administrative law). It assumes that corporations have the rights of constitutional “persons.”
It outlines procedures for what We the People can do (not much); what government can do (a little more); and what corporations can do (a lot).
At regulatory agencies, corporate “persons” (that is, corporations) have constitutional rights to due process and equal protection that human persons, affected citizens, do not have. For non-corporate human citizens there’s a “Democracy Theme Park” where we can pull levers on voting machines and talk into microphones at hearings. But don’t worry, they’re not connected to anything and nobody’s listening ‘cept us.
What Regulatory Law regulates is citizen input, not corporate behavior. So when we cooperate in regulatory law proceedings, we are following the script that corporation representatives wrote for us. We’re either colonized, or we’re collaborators. That the regulatory agencies fail to protect the public is clear. Why they fail is another matter.
One reason is that they were set up with the cooperation of and sometimes at the urging of big corporations. Today regulatory agencies and trade associations work together to do the work that the “trusts” of the last century were set up to do.
A second reason for regulatory failure concerns the nature of the corporation, to which we turn briefly.
Corporations are not natural entities, like karner blue butterflies or white pines. Corporations are artificial creations that are set up by state corporation codes. These state laws, plus a bunch of court cases, form the basis for the notion that corporations have powers and “rights.”
This law is Defining Law. This law is the script that corporate lawyers write for corporations. This law is the law that we don’t even read.
It’s right there in the law books in black and white, just like the “regs” that we spend so much time on. But this Defining Law is invisible to us because we’ve been colonized and have accepted it as a given. We leave this defining law — in corporation codes, bankruptcy law, insurance law, etc. — to corporation lawyers, who rewrite it every few years without so much as a whimper from citizen activists. Then we wonder why the parts-per-million regulations aren’t enforced.
So, the second reason that regulatory agencies fail to protect the public is that we have allowed corporate lawyers to write the Defining Law of corporations. This law bestows upon corporations powers and rights that exceed those of human persons and sometimes of government as well. It seems pretty obvious, then, that we need to rewrite the Defining Law.
Sooner or later we come up against the claim that all this stuff about “rights” and so on is just too legalistic. None of us wants to be involved in narrow and excessively legalistic strategies.
However, a glance through any Earth First! journal will confirm that we’re constantly dealing with The Law, whether we’re filing testimony or engaged in direct action. As long as we’re in the legal arena, we might as well be dealing with Defining Law, and not the regulatory frufru that we’ve allowed to distract us.
If the civil rights movement had been afraid to touch the deep defining “law of the land” we’d still be laboring under “separate but equal.” For as long as we stick with Regulatory Law and leave Defining Law to corporate lawyers, we’ll have corporate government.
What are we going to do tomorrow morning?
We could keep doing what hasn’t worked in case it works next time; we could denounce people who suggest that what we’re doing isn’t working; we could declare victory so our folks won’t get so depressed and discouraged. I’d like to steer clear of those options.
I’d also like to avoid “negotiating” with corporations as though they were persons with a role in a democratic system, and avoid doing anything else that accepts that corporations have the constitutional rights of human persons.
Here is one cluster of ideas for rewriting the Defining Law of corporations. It’s not a 3-point plan, and it’s not the beginning of a twenty point plan — just some ideas to think about.
1. Prohibit corporations from owning stock in other corporations. Owning stock in other corporations enables corporations to control huge markets and shift responsibility, liability, resources, assets and taxes back and forth among parent corporations, subsidiaries and other members of their unholy families. By defining corporations in such a way to prohibit such ownership, much of the anti-trust regulatory law becomes unnecessary and superfluous.
2. Prohibit corporations from being able to choose when to go out of business (in legalese, no voluntary dissolution). This would prevent corporations from dissolving themselves when it came time to pay taxes, repay government loans, pay creditors, pay pensions, pay for health care, and pay for toxic cleanups.
3. Make stockholders liable for a corporation’s debts. People who want to be stockholders would reallocate their resources to corporations that they knew something about, that weren’t engaged in risky, toxic projects. (This would encourage local, sustainable businesses and healthy local economies. Imagine that.)
These three measures might seem “unrealistic” to some, but it beats the heck out of a voluntary code of conduct, or a wasted decade at a regulatory agency. All three of these provisions were once common features of state corporation codes. No wonder corporate apologists prefer that we hang around in the regulatory agencies with our heads spinning with parts per million and habitat conservation plans.
These three measures were quite effective, which is why corporation lawyers worked so hard to get rid of them. But they address only a tiny portion of what needs to be done.
Here’s another cluster of ideas for ways to shape a democratic process that is about people. (The idea that corporations have “rights” would seem nonsensical to any but a colonized mind.)
1. No corporate participation in the democratic process. Democracy is for and about human beings. Corporations should be prohibited from paying for any political advertisements, making any campaign contributions, or seeking to influence the democratic process in any way.
2. Corporations have no constitutional rights.
A corporation is an artificial creation set up to serve a public need, not an independent entity with intrinsic “rights.”
3. Corporations should be prohibited from making any civic, charitable, or educational donations. Such donations are used to warp the entire social and economic fabric of society, and make people afraid to speak out against corporations.
These probably seem even more “unrealistic” than the first batch. Imagine how good it is for corporate executives that we find these ideas “impractical.” And by the way, these were all once law, too.
The final objection to be raised is that we’ll never get anywhere as long as the “news media” are against us, refuse to cover our issues, and distort our views. Agreed.
But the “news media” are corporations, key players in a system of propaganda that encompasses not only television, radio and newspapers, but also the entire educational system. The “airwaves” belong to the public.
Why have we allowed a puppet federal agency to “lease” the public airwaves to huge corporations? Ya wanna lock down? Lock down to a TV or radio station and make the public airwaves public again. Not for a day but for a lifetime.
Ya like boycotts? What if a regulatory agency gave a hearing and nobody came? The outcome would be the same but we wouldn’t have wasted all the time and resources, nor would we have helped grant an aura of legitimacy to a sham proceeding.
What could we do instead? We could get together with the lawyer and the expert and begin to figure out how to stop being collaborators.
Jane Anne Morris was a corporate anthropologist who lived in Madison, Wisconsin. She was the author of Not in My Backyard: The Handbook, and a member of POCLAD, the program on Corporations, Law and Democracy. Some of her work has appeared previously in Rachel’s (#488, #489, and #502). In its present form, this essay originally appeared in Defying Corporations, Defining Democracy. This article originally appeared on POCLAD.
A pivot to renewable energy by the Philippine government has led to a wave of hyrdoprojects projects across the Cordillera region. Image by Andrés Alegría / Mongabay.
Hydropower projects have met with differening receptions in Cordillera villages such as Balbalan, Mabaca and Buaya. Image by Andrés Alegría / Mongabay.
The Cal-oan River, also known as Mabaca River, where Australian-owned JBD Water Power Inc. (JWPI) has two planned hydropower projects. Image by Michael Beltran.
Farmer Gohn Dangoy, of the Naneng tribe, says proposed dams have already caused deep divisions in his community. Image by Michael Beltran.
A man in Kalinga Province wears a shirt reading “No to Dam.” Image by Michael Beltran.
Residents of villages close to the Chico River meet to discuss plans to dam the river for hydroelectricity. Image by Michael Beltran.
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