Transcript of Diane Wilson on Resistance Radio

Transcript of Diane Wilson on Resistance Radio

Florence Nightingale, the English pioneer of modern nursing is quoted as saying, “I attribute my success to this: I never gave or took an excuse.” 

Editors note: Never give up your agency. If your goal is to save life on the planet, sometimes you have to sink your own boat.

 

Derrick Jensen This is Resistance Radio on the Progressive Radio Network. My guest today is Diane Wilson. She’s a mother of five, a fourth generation shrimp boat captain and an environmental activist. She’s been fighting to save the bays on the Texas gulf coast from chemical and oil development for the last 30 years. I also have to say that you have for at least 15-18 years been one of my heroes so thank you for that.

Diane Wilson Thank you Derrick, I appreciate that.

Derrick Jensen Thank you in general for your work in the world and thank you for being on the program. My first two questions are – can you introduce yourself and can you also then introduce the region where you live, the region you love

Diane Wilson First of all I’m a fourth generation fisherwoman, shrimp boat captain. My family has been around this area on the mid-Texas gulf coast for about 130 years so you might say I’ve got a real sense of place, where I was born and raised. I’ve been in the same town for my whole life. I’m 72 years old so I always call myself a late bloomer. Anybody out there who thinks they’re too old to start – that is not true. As a matter of fact, it just gets better as you get older. You get a little bit more free every year.

Basically, all of my family – my brothers, my brothers-in-law, my cousins, my uncles, everybody in the early days they were just gill netters, fin fishermen and they caught black drum and red drum. They had little wooden boats and they oared out. Where I’m from is a little fishing town. It’s probably the most authentic fishing village on the whole Texas gulf coast – Seadrift. We were all fishermen and your whole life was centered around the fish house, the bays, the nets the boats and that was your life. As a matter of fact, like most kids around my age, you spent your whole life outside. I was always on a boat I was always out on the water laying in.

I remember I was a real introvert even though people have accused me of being a real troublemaker, I’m by nature a real introvert. I can remember going to the fish house where my dad was coming in in the evenings and I would go to the bay and there was this old woman down there and she really liked me and when you’re one of seven kids and you’re getting attention from somebody and somebody likes you. I mean I liked going down there because of that old woman and she felt like she was my grandmother and the only thing I realized when I got older is that woman was the bay and she was as real to me as any other member of my family. I have never forgotten her and I have never forgotten what it feels like for something, what people call a resource or a commodity or an ecosystem, to me it was real and it had an aliveness and it had an energy.

When you’re small and your dad is just a small-town fisherman and you’ve got a small boat – I imagine his boat was good – and you would go out there because fishermen were poor people and they really couldn’t afford deck hands. So they would generally take the kids along. I had three sisters and me. My three sisters we decked for my dad and I really, really liked being out there and I was really good at it. When you had to take your turn at a wheel; when you’re dragging a net and you’re kind of holding the wheel and you gotta hold the wheel just so because you got to keep the net and the wheel wash in the shrimp all at the same time. My sisters would start crying because when you start turning a boat into the wind with the waves it will almost feel like you’re flipping over so my sisters did not like did not like handling the wheel but I loved it. I loved going out in the mornings and it was still dark and there was nothing but that salt air in that wind and you’re just barreling out in the dead of night. You see nothing. it’s almost like your instinct and there are very few beacons. It’s just years and years of doing it. I can remember and I suppose it’s because I had a real sense of the energy of that old woman. It’s like you literally could feel like your skin would separate – the wind in the water would just kind of move in there and it actually made me a bit of a mystic.

I’m a little bit of a mystic and I hate to tell you, I was raised Pentecostal and that’s holy rolling – speaking in tongues. My grandmother was a faith healer and I think she tried to raise my uncle from the dead and all kinds of stuff like that. I’m not that but I am a mystic and I have a real sense of what’s alive out there. People think it’s only what you see and it’s only yourself and it’s only the boundaries and the borders within your skin – that’s not true. As a matter of fact, that’s why I like your books so much because you seem to have a real sense of the connectedness and how valuable everything was. I could sense that, and I think it was because I spent all my life on the bay and I was a little bit of a loner so I didn’t have that peer pressure – sometimes at a certain age you get peer pressure and you get pulled away from that naturalness. I don’t think I was pulled away from it, so I’ve always had it my whole life and I still have it. It’s like a lot of the stuff that I do. It’s gut instinct and I don’t believe I’ve ever had a plan. I feel like I leave myself open for the energy because I truly believe there is energy out from nature and it’s got an intelligence, if you just work with it.

My location down here is mid-Texas gulf coast. We’re around Matagorda Bay, Lavaca Bay, Spirit Center Bay, San Antonio Bay, Mesquite Bay, Guadalupe Bay. Our county is a tiny county. When I was growing up there’s probably like 12 000 people in the whole county. The town where I was raised, Seadrift, was a thousand people. It’s been through so many hurricanes I can’t even tell you. It’s had so many hotels and railroads and restaurants and lumber yards destroyed in hurricanes. It always remains a very small town – a thousand people – and it’s always been this fishing town. We’re close to what they used to call Blackjack Island and now it’s known for the Aransas wildlife refuge. That’s where the endangered whooping cranes come every winter. They count every single last whooping crane that is left and they all come down and they nest in what they call Aransas wildlife refuge. Where my folks were from, they were fishermen there, and one of my uncles was in a hailstorm that killed a hundred cattle they had hail so big. He drowned out on the bay. I had another uncle, they had bonfires in those days and they did a lot of cooking on bonfires He was just a toddler and fell in the fire. I’ve got kin folks that are buried out there on  that island. I’ve got a real sense of ancestries around here.

I know this whole area around here was where the Karankawa were. Those very tall, good looking, native American indigenous people and they lived around the water. We went across to where they were. They had all these arrow heads and all their camps and places and I believe I’m not too far from where there was literally a battle between some Irish settlers that came in. The Karankawas must have taken one of their calves and so they raided them and killed most of them and it was over a calf. It’s a sad part of the history down here. I think a lot of the Karankawas went to Mexico. That’s the history of this area. Even the Karankawas were early fishermen, and they laid the shrimp out to dry. I remember someone was telling me they would have a burning stake and stick it out in the shallow water and shrimp will come to the light and that’s where they would get a lot of their shrimp. They would have little catch nets or whatever and they would get the shrimp and then they’d dry them. That was one of their one of their ways they got nourishment around here. But like I said the Karankawa is no more although they’ve named bays and towns after them, but it’s a tragedy.

A lot of this area is where a lot of Irish settlers came in and a lot of German boats came in. There used to be a town called Indianola and now it’s a ghost town because that was where these big ships came in. All these German settlers came in and I think there was even a big civil war battle right there in Indianola and it was right on Matagorda bay. Two hurricanes hit it, one right behind another; then a fire hit it and then I believe smallpox wiped everybody out so now all you got is a beach. People say they can see that train out there when the tide’s real low although I have not seen that train.

Derrick Jensen Can you talk about what has happened and what caused you to become an activist? What has happened to the region in terms of industry and its effects on the bay and also its effects on fishing including shrimping?

Diane Wilson Well in the beginning there was no law; there was no verdict from Congress that industry had to say anything to anybody. So for a very long time these industries like, for instance. Alcoa and Union Carbide – very big plants – came in around 1950. They didn’t say nothing to nobody. They just did what they did. Sometimes the shrimpers, if it was a bad winter, might get a job for two or three months during the winter months and drive a truck or something like that. But basically, this industry did not have to report to anybody at all and the only thing that fishermen would get is when the times that they would work. They would say “they told me to take these barrels down to Stinky Ditch and I dumped them down there and I nearly passed out from smell and I remember and everybody in my unit is dead” or stuff like that. But it was just anecdotal because industry did not have to report or say anything to anybody.

Around 1989 shrimping was starting to fall off and so I started running a fish house. A fish house is a tin building. It’s got open windows and it’s got double wide doors that open to the bay and it’s got this long dock and this is where shrimpers bring their boats in. They tie up, they unload their catch – usually shrimp – and you take it into the fish house, put it on ice. You put it in these ice vaults so you can ship them off on these trucks later. I ran a fish house probably for five years. If I happened to look out that window, I could see my shrimp boat which was SeaBee and she was she was tied right up to the docks. I had probably 14 shrimp boats that I took care of.

One day I had this shrimper and he had three different types of cancer and he had these huge lumps all over his body and he was the best looking. I mean he looked like a surfer from California. My mama thought he was about the nicest looking guy she had ever laid eyes on. Anyway, he had all this cancer and one day I was in the fish house and I was sitting with a cup of coffee and I had my rubber boots sitting up on the desk and he came in and pitched this newspaper article to me. He said I want you to read that and like I said I’m a real quiet person so anyway I looked at the newspaper article.  It was 1989 and on that front page article, The Victoria Advocate, was an associated press story and it was talking about the first time the toxic release inventory ever came out. The toxic release inventory was a community “right to know” bill

that was passed in Congress after Bhopal. People mainly know Bhopal because of Union Carbide was doing this whole effort to make India green and they were doing a pesticide plant in Bhopal, india. It wasn’t working so they were cutting all the safety. Anything that had to do about the lowering the temperature, about alarms, about freezing; they were removing it and the unthinkable happened and there was a chain reaction. There was a debate over actually how many people died but probably around two or three thousand died that first night in Bhopal, India. It was the worst environmental disaster that has ever happened and I think it still is. I think at this point maybe 20 000 people died from that one incident by Union Carbide. Because of it Congress passed the community “right to know” law meaning that there would not be another time when anyone in the US woke up one morning and there was something like that happen because they didn’t know what the industry next to them was doing or what they were polluting with. So, for the first time ever, industry in the United States had to report their air emissions, their water emissions, their injection wells, their landfill, their trucking – all of it. They had to report the numbers for the first time ever and that’s what that article was about. Our little bitty county with 12 000 people in the whole county we were number one in the nation and it literally blew my mind. It’s like “how could you be the most polluted place in the United States probably if it was the United States it was probably ranking worldwide and never know it?” I had never heard the first word about it. So, I acted totally out of character because I don’t like talking, I don’t like having to deal with people. I’ve never had a meeting called in my entire life but I went to City Hall. I walked down to City Hall which wasn’t too far away. I had that newspaper article and I went to the City Secretary and I said I want to have a meeting. There was the City Hall and a little bitty room that sometimes they let people have birthday parties or whatever.  I said I wanted to use that little room and I wanted to talk about that we were number one in the nation. So, they put it down and they put down my name and the next day I was at the fish house and here comes the City Secretary. Well, you never see anybody, all you see is fishermen down there and here was a City Secretary and I still remember she had the prettiest fulstar with flowers all over it and she said “Diane you’re just gonna have to get this meeting out of the city hall.” I was like “why?” and she said “oh red flags; it’s putting out red flags all over the place.”  I’m like “well I’ll do it in an elementary school, you know, they got a cafeteria I’ll do it there.” and she’s like “no they want you to get it totally out of town. They actually don’t want you to do it at all.” I couldn’t get over the fact that I had just asked for it and they didn’t want me to do it. The next day I had the bank president come down to the fish house. I had never talked to that man in my life and here he was, three-piece suit, and he said he said “Diane, are you gonna start a vigilante group roasting industry alive?” I’m totally dumbfounded. I have no idea what they are talking about; why they’re so upset with me – I have not even had the meeting. Then a guy from economic development called my brothers who were fishermen and said you better calm your sister down. My brothers were not the type that would even talk to women and tell them anything. Anyway, one of my brothers said “what in the heck are you doing?” and I’m like “I’m not doing a thing.”

Eventually I did the meeting anyway because I really don’t like people telling me I can’t do something, even though I’m a real quiet person, so I went ahead and had it. I went to a different place and had it. Eventually what it came down to is 1) nobody had ever questioned industry, ever, and 2) it was Formosa plastics, a Taiwanese company who had been kicked out of Taiwan- the biggest chemical expansion in Texas history; the biggest in the United States in 10 years. They had the Governor, the Chamber of Commerce, the Attorney General, the Senators, Congressional and whatever had promised this chemical company. There will be no questions asked; you will get all the tax abatement you want; you will get all your permits expedited; there will be no environmental impact studies. It was pretty much a giveaway and they never once asked one question about this foreign company’s environmental record. They could just come in and we’ll give you everything and I just stumbled on it. It was a fluke. Actually, I went to the mailbox and I got an anonymous letter. I opened it up and it was a newspaper clipping. It was for no supply sticks and it was seven air permits and I didn’t even know what it was. I didn’t know what the company was. When I finally had my little my little meeting as I got a group and I said  “we’ll ask for a permanent hearing on this plan.”

As it was, I walked into a hornet’s nest. They couldn’t figure out who I was. They figured I was an official woman – a woman- so I was not bright enough to be doing this on my own. So they figured I was a spy hired by Louisiana to get it kicked out of Texas so the chemical plant would go to Louisiana. That’s how it started, and it never got any better – it got rougher and rougher. I mean everything for the last 30 years has been a battle. It’s been a battle and you just have to be very, very persistent. I think the reason why I’m so persistent is I am connected to that bay.

I remember when I first started. All I got was high school education, I didn’t have any money and nobody supported me. A fishing woman speaking out! People thought I was kind of crazy and all I had was this good sense of the bay. That was what was keeping me going on it. I really kept thinking there’s bound to be someone way better than me; way better at speaking; probably has a biology degree, can understand all of this chemistry and what these chemical plants are and what these chemicals are. It took about five years before I realized I was actually the best person to be doing it because it was my passion. It has always been my passion for the bay that has kept me persistent. That’s what I’ve been doing for 30 years – I’ve been fighting these chemical companies. I fought Union Carbide, I fought Dupont, I fought Alcoa and probably be the longest and the hardest is I fought Formosa.

Derrick Jensen: Thank you for all that. The next two questions are going to be:

  • can you talk about some of your best victories or your best victory, either way? and
  • can you talk about current struggles?

Diane Wilson What was to me one of the most interesting things that ever happened and it probably was a psychological kind of a spiritual thing. I had been fighting the Formosa  wastewater permit and I had an attorney who agreed to help me and he became a really good friend. People in the community were afraid of the retaliation from the chemical company, especially when a lot of the local officials have contracts with the company. Fishing is going down so you have workers that are being hired at the plant, so nobody wants to say anything and I was the main thing. I haven’t a lawyer who could help me file a suit or something like that. You know a thing about a chemical company. One thing they do is they sense who the allies are so they go after them. On this one they started just throwing them into a deep hole with documents so the money expenses really started hitting them hard and so eventually my lawyer quit and started working for the company. I literally had nobody at all. So, I started filing some papers trying to fight Formosa’s wastewater discharge. When you don’t have a lawyer and you and you don’t have a college education and you got to write briefs and do your own legal work and you don’t have any money. I was doing pretty much filing my own briefs on a Royal typewriter.

Sure enough, they didn’t give me status and they said I couldn’t fight the permit so I appealed it. I always considered you give a monkey a typewriter and after a while that monkey is gonna type a word and so eventually I managed. Believe you me I still don’t know how I did it. I managed to stall the permit with an appeal with a Washington judge, an appellate judge, and so Formosa could not discharge until there was all this ruling and all ofthis process with an appellate judge out of Washington DC.

So I pretty much had their waste water and they could not discharge; they could not begin their plant. So one day I called the EPA to check on the status of the of that discharge permit and I said my name was Diane and I was second on the status. They start talking about “how was that discharge going and I noticed you have some copper discharges but I’m sure we can try to figure out how to do it and you really kind of need to keep the flow in the right period and now you know.”  Then it hit me that she was talking about Formosa’s discharge and she thought I was Formosa’s lawyer whose name was Diane too but that was a different Diane. I said you’re talking to the wrong Diane and that’s when she realized she kind of screwed up there.

Basically, it doesn’t matter what the legal documents say, what the law says – if you have enough money you will get what you want. It was it was the first time I had really come home to the fact that the law doesn’t matter when you got money and when you got power; you really can do what you want, and the law is like a handkerchief in your back pocket. You pull it out when you want to. I was outraged. I was totally outraged about it. The unfairness of it, the injustice of it. It hit me like nothing had hit me before. I knew I had to do something to symbolize that type of injustice. When it appears that nobody cares, everybody overlooks it, it’s injustice going on so I knew I had to do something. l knew that I had to sink something; I had to sink something that I cared a lot about. That’s when I knew I had to sink my shrimp boat. I was going to take it out and sink it on top of Formosa’s illegal discharge. That boat was nowhere near the value of a bay.

Some people can get the little picture, or you can get the big picture. You can look at the little picture and it’s like “oh it’s my livelihood it’s my boat.” It’s “what am i gonna do?”  and then you get the big picture and it’s like “this is the planet this is your home for all of us we’re all supposed to be here.” Are you gonna let them take it? I wasn’t gonna let them do it. I was gonna symbolize it by sinking my shrimp boat. So, I put the motor out and I convinced an old shrimper to pull me out in the dead of the night. There was this crazy norther came in at the same time. I can’t imagine how all of these elements came together at the same time – this weather and the black of night in this boat and just doing this covert of pulling a boat out to sink it on top of Formosa’s discharge. There happened to be a shrimper who had been bought back from us and they were paying sixty thousand dollars a year just to be a consultant. He was pretty much just watching me to see what I did and tell the company. Anyway, he pretty much told the company that I was towing a boat out so they called the coastguard. At one o’clock in the morning there were three boatloads of coastguard and they were out there in the middle of the rain and all that wind. They were like “Miss Wilson, Miss Wilson are you out there, Miss Wilson?”  They said they’re gonna charge me with terrorism; that I was gonna go to jail for 19 years and it probably took an hour for every two yards because you’ve got a boat towing you; you got a boat with no rudder and you got three coastguards in the middle of the night; in the middle almost of the jetties and all this current. It was the wildest scene of all. These coastguards jumping all over the boats with ropes and all of this stuff. Eventually it took about an hour to happen, but they eventually pulled my boat to a harbor. They put seven or eight ropes and tied it down. They put me in the cabin, locked me in. The guys were so afraid I was gonna get out and somehow take that boat out there without a rudder. I was going to get it out there. They were sleeping on the back deck; they were sleeping in trucks on the wall. I was pretty much stuck there with all these coastguards and all the ropes on my boat. I hadn’t sunk the boat. The next morning when I woke up I heard the sounds of a boat. Then I heard more boats and I looked out the window and there were these shrimpers who never get involved – they don’t believe you can fight; they gave up hope. They think every nail is in their coffin. These guys did a blockade. They all went out in the middle of that rough water. It was so rough you could have sunk a boat out there. I promise you the coast guard does not like shrimp boats blocking anything and here all of these shrimp boats went out in this rough weather and they did a protest and in support of what I was trying to do. That was the most amazing experience to see how if you move sometime and you have no real plan – just have a real instinct – is that things have a way. Some of the most amazing things that you can never plan happen.

I remember after that – Formosa saw all of those fishermen out there protesting in the middle of the bay. I think they had a funny sense of a house built on sand. That’s when uh they asked me “what is it gonna take to shut you up?” and I said “zero discharge of your entire waste stream” and so that’s actually how I got zero discharge from Formosa of this waste stream back in 1994.

Derrick Jensen: I’m sorry that this is so short because i’m loving everything you’re saying and we only have like five minutes left. Can you talk briefly about the lawsuit that you won? Then can you talk about current issues?

Diane Wilson: I have a lot of connection with workers inside the plant. Over the years they’ve come to me with information. I had a worker that was in the utilities or the wastewater and he was a whistleblower. He wanted to give me information, so I met him in a beer joint 40 miles away. He was telling me about all of the pellets that were in the waste stream and how they were going into the bay; how they were in the storm water ditches. He was just real concerned about it because he liked to take his kids fishing and when he took his kids fishing there would be all these pellets all over their feet. So I started checking on the pellets that were coming out of Formosa plastics and the state agencies, EPA – nobody, nobody seemed to care at all. Eventually  me and a couple of workers – probably it was three or four of us all together – in January 2016 we started collecting all of these pellets and this powder that was all over the bay, all over the creek. Within a year, and we were all going out almost every single day for over a year, we had a thousand samples and probably had two or three thousand photographs. Then we got a legal aid group – Texas Rio Grande Legal Aid – and they offered to be our lawyers to file a citizen suit under the Clean Water Act. For the next two and a half years until March 2019 we collected around 2500 samples of illegal discharges. We probably had 8 000 photos and videos and we took Formosa to federal court. Believe it or not we won. It was astounding and it was the first time a citizen brought their own evidence; it wasn’t the state’s information; it wasn’t the EPA’s information, it was our evidence. The federal judge said Formosa was a serial polluter and their violations were enormous.

After that Formosa wanted to settle. They wanted to sit down and negotiate. So we sat down and negotiated with one woman, Taiwanese American, and we said we wanted 50 million; we wanted zero discharge of plastics; we wanted a clean up; we wanted our own enforcement and we wanted to make sure their plant did not discharge any plastic and we got it. We got all of it. It was the biggest settlement of a citizen suit ever in the United States. From that 50 million dollars we put 20 million dollars into a sustainable, diverse co-op for the fishermen to try to bring back the fisheries. Right in the middle of it then you know you got this Max Midstream trying to do oil export, and to do oil export he needs the bay dredged so he can get big ships in. Unfortunately, it’s a mercury superfund site and so I did a 36 day hunger strike to try to stop the oil exports and to stop the dredging. After that I went to the corps of engineers and blocked their highway; got arrested, thrown in jail. Then we went to his headquarters, we went to his home and we’re doing every single thing that we can to stop that oil export and stop the dredging because we’re trying to bring back the fishermen who have been devastated and that’s pretty much where I am right now.

Derrick Jensen This whole this whole time you’ve been talking I’ve been thinking about this line by Florence Nightingale which was something to the effect of somebody asked her to what did she attribute her success and she said “I never gave nor took an excuse.”

Diane Wilson That’s right.

Derrick Jensen You know you did not take the excuse that I’m not a lawyer so I can’t do this; I’m not a somebody so I can’t do this – you just did it That’s one of the reasons you’ve been one of my heroes forever.

Diane Wilson Thank you very much, I really appreciate it. You know when that Taiwanese American lady, that negotiated, the only woman that came in, when I walked in, and looked at me and said “you are very persistent”. You do it and be persistent; just keep doing it.

Derrick Jensen So my last question for today, and I’d love to have you on again, my last question for today is one of the things I try to do with these series of interviews is to help people. I mean everybody knows something that is that is bad; everybody loves something that is being destroyed. What can you say to them to help move them from sitting around going gosh things are really bad somebody should do something” to being the person who does something. Or to being one of the people that does something. Can you say something to them?

Diane Wilson Basically I believe everybody, and I truly mean everybody, has – it’s almost like a destiny – there is something we are meant to do. Somewhere in their life some little piece of information is going to come to them. What they do with that information will determine the rest of their lives. I am just so glad I acted totally out of character and stepped out. That’s what you gotta do and I think everybody gets a chance. It’s what decision they’re gonna make on it and it will change your whole life. I’ve lost a lot of stuff but for the first time I remember “I like myself” and for a woman from the south to say she likes herself that’s a big deal. It’s changed my whole life. I am 72 and I have never felt so free and happy in my life.

Derrick Jensen Thank you so much for all of that and thank you for your work in the world and i would like to thank listeners for listening. My guest today has been Diane Wilson. This is Derrick Jensen for Resistance Radio on the Progressive Radio Network.

Banner image: Angi English at flickr (CC BY-NC 2.0)

Keystone XL Wins Bid For Gas Pipeline Under Gulf of Mexico

Keystone XL Wins Bid For Gas Pipeline Under Gulf of Mexico

By Steve Horn / Desmog

TransCanada, owner of the proposed Keystone XL pipeline currently being contested in federal court and in front of a North American Free Trade Agreement (NAFTA) legal panel, has won a $2.1 billion joint venture bid with Sempra Energy for a pipeline to shuttle gas obtained from hydraulic fracturing (“fracking”) in Texas’ Eagle Ford Shale basin across the Gulf of Mexico and into Mexico.

The 500-mile long Sur de Texas-Tuxpan pipeline, as reported on previously by DeSmog, is part of an extensive pipeline empire TransCanada is building from the U.S. to Mexico. The pipeline network is longer than the currently operating southern leg of the Keystone pipeline (now dubbed the Gulf Coast Pipeline).  Unlike Keystone XL, though, these piecemeal pipeline section bid wins have garnered little media attention or scrutiny beyond the business and financial press.

The Sur de Texas-Tuxpan proposed pipeline route avoids the drug cartel violence-laden border city of Matamoros by halting at Brownsville and then going underwater across the U.S.-Mexico border to Tuxpan.

After it navigates the 500-mile long journey, Sur de Texas-Tuxpan will flood Mexico’s energy grid with gas under a 25-year service contract. That energy grid, thanks to the efforts of the U.S. State Department under then-Secretary of State and current Democratic Party presumptive presidential nominee Hillary Clinton, has been privatized under constitutional amendments passed in 2013.

TransCanada and Sempra were the only bidders. TransCanada owns the joint venture with Sempra — coined the Infraestructura Marina del Golfo, Spanish for “marine infrastructure of the Gulf” — on a 60-percent basis.

“We are extremely pleased to further our growth plans in Mexico with one of the most important natural gas infrastructure projects for that country’s future,” Russ Girling, TransCanada’s president and CEO, said in a press release announcing the bid win. “This new project brings our footprint of existing assets and projects in development in Mexico to more than US$5 billion, all underpinned by 25-year agreements with Mexico’s state power company.”

State Department Role, FERC and Presidential Permits for Sur de Texas-Tuxpan 

David Leiter, a campaign finance bundler for Hillary Clinton’s presidential campaign and former chief-of-staff for then-U.S.Senator and current Secretary of State John Kerry, lobbied the White House and the U.S. State Department in 2013 and 2014 on behalf of Sempra Energy on gas exports-related issues.

Sempra has a proposed liquefied natural gas (LNG) export terminal on the northwest, Baja California coast of Mexico calledEnergía Costa Azul (“Blue Coast Energy”) LNGLeiter’s wife, Tamara Luzzatto, formerly served as chief-of-staff to then-U.S.Sen. Hillary Clinton.

Because the pipeline is set to carry natural gas, as opposed to oil, it does not need a U.S. State Department permit (though tacit and non-permitted unofficial approval could still prove important). Instead, it seemingly technically requires U.S.Federal Energy Regulatory Commission (FERC) approval, as well as a presidential permit.

It is unclear if Sur de Texas-Tuxpan will require a presidential permit, though, given the precedent set in the Wild Earth Nation, Et Al v. U.S. Department of State and Enbridge Energy case.

In that case, the Judge allowed Enbridge to break up its tar sands diluted bitumen (“dilbit”)-carrying Alberta Clipper (Line 67) pipeline into multiple pieces — helped along with off-the-books and therefore unofficial State Department authorization — avoiding the more onerous presidential and National Environmental Policy Act (NEPA) permit review process altogether.

Due to the legal precedent set in another related case, Delaware Riverkeeper v. FERC, oil and gas industry law firm Baker Botts explicitly recommended against utilizing the “segmentation” approach in a January 2015 memo that came out before the Enbridge case ruling.

“Project proponents should be careful to avoid potential ‘segmentation’ of a project into smaller parts simply to try to avoid a more thorough NEPA review,” wrote Baker Botts attorney Carlos Romo. “Segmentation occurs when closely related and interdependent projects are not adequately considered together in the NEPA process.”

The presidential candidates Clinton and Donald Trump have yet to comment on this pipeline or the topic of U.S.-Mexico cross-border pipelines on the campaign trail. But Financial Times, in an April article, pointed out that even Trump — who has pledged he will build a wall between the U.S. and Mexico — has little to say and will likely do little to halt cross-border lines like Sur de Texas-Tuxpan.

“As long as the wall doesn’t go below ground,” Mark Florian, head of the infrastructure fund at First Reserve and a former Goldman Sachs executive, told FT. “I think we’ll be OK.”

Though still fairly early on in the process, Florian’s words have proven true so far.

Photo by Helio Dilolwa on Unsplash

Lierre Keith: The Oil Spill

By Lierre Keith / Deep Green Resistance

Editor’s note: This first appeared in Mother Earth News on July 28, 2010.  We are republishing it on the sixth anniversary of the Deepwater Horizon oil spill in the Gulf of Mexico.

Everything that’s wrong with this culture is in the story now pouring out of a broken oil rig 40 miles off the Louisiana coast. I don’t mean story as in fictitious. I mean it as a narrative, the account of successive events that builds into a history. That history is now washing up on the shore as oil-drenched corpses; nothing more than a quick, bracing glance is needed to know how those birds suffered. It’s also a history that’s waiting to turn cells toward the fierce hunger of cancer, settling into the lungs of children, erupting into blisters on the skin “so deep they’re leaving scars.

We could find our beginning point, our once upon a time, in the first written story of this culture, the Epic of Gilgamesh, which chronicled the deforestation of Mesopotamia. The story hasn’t changed in four thousand years — it’s just quickened with the accelerant of fossil fuel. The pattern is basic to civilization, a feedback loop of overshoot, militarization, slavery, and biotic devastation, a loop that has tightened into a noose. That noose is planet-wide, encircling the earth in a siege beyond the wildest dreams of ambitious Caesars of the past. Nothing is safe, not the South Pole, not the strata 30,000 feet below the earth’s surface, not even the moon, which the power-mad had to “punch” last year. Ownership and entitlement have distilled into a sense of control so pure — and so rancid — that life itself is now being ransomed to the demands of the sociopaths at the top of a very steep, very brutal pyramid.

Where do we stand in that pyramid? Not where we were born — because anyone reading this is one of the globally wealthy — but where do we stand? That’s the question, baring the noblest values of which humans are capable: courage, moral agency, the loyalty that can slow-bloom into solidarity. Are we willing to face how corporations, on the steroids of fossil fuel, have gutted our democracy, our communities, our planet? That insight doesn’t require much intellectually, but it does require courage.

The loyalty will require letting our hearts open to break, as we watch the crabs trying vainly to escape the toxified water of their home and dolphins hemorrhaging. Include them in the clan of you and yours because they are already there; but we will have to fight for them once they become visible, real, a part of the circle called “us” that can’t be broken. Know, too, that two out of three animal breaths are of oxygen made by plankton: if the oceans go down, we go down with them.

Erased into nonexistence by the corporate storytellers are other “resources” as well. These resources dare to insist that they are human, humans with rights against the Kings no less. Most of the clean-up workers of the Exxon Valdez disaster are dead — their average life expectancy was around fifty. This is what it has always meant to be indentured, owned. The powerful get to use you until they discard you as worthless. But each human is priceless: our society is supposed to have learned that somewhere between the Emancipation Proclamation and the Universal Declaration of Human Rights. Besides the visible signs of trauma from losing their coast, their culture, and their livelihoods, there is an inchoate, bewildered grief in the faces of Gulf residents, a grief over the loss of their basic safety and hence their dignity: we are human, we have a right to our lives, how can it be that anyone is allowed to fill our lungs with poison? And the poison keeps coming, as the dispersant Corexit is dropped from planes “like Agent Orange in Viet Nam.

Here’s my version of the story. A tiny group of wealthy people, backed by the legal system, the government, and, as always, armed force, is allowed to gut an entire ecosystem. When the people organize a nonviolent resistance movement, the leaders are arrested, put through an absurd trial, and then hanged by the military. The outrage of the international community can’t stop the smug sadism of power.

It’s a true story. The group was called MOSOP (the Movement for the Survival of the Ogoni People), and the most famous of the murdered leaders was poet Ken Saro-Wiwa. It has a sequel, too: MEND, the Movement for the Emancipation of the Niger Delta. MEND has said to the oil industry, “Leave our land or you will die in it.” Like the Gulf, the Niger Delta is knee-deep in oil sludge, and the once self-sufficient people are now impoverished, sick, and desperate. Think what you will of MEND’s direct tactics: they’ve reduced oil output by 30 percent and some of the oil companies are considering pulling out. That’s what happens when people resist: sometimes it works, happily ever after.

We need to break the spell of the corporate storytellers, the court magicians with their enticing tricks called CNN and MTV, what Chris Hedges — one of our last, true public intellectuals — calls the Empire of Illusion. In his words, they have us “clamoring for our own enslavement.” But all the fantasies and shiny toys in the world won’t help us when the planet is six degrees too hot for all creatures great and small, from brown pelicans to bacteria. This is being done for the benefit of essentially 1,400 people, the wealthy who control the world economy through the legal structure of the limited liability corporation. Yes, they have mostly destroyed our — that’s “our” as in “us, globally” — our ability to provide for ourselves, addicted us to their mass-produced culture of petulant cruelty, and won the rights that are supposed to adhere to human beings, not business entities. As Rikki Ott, Rachel Carson by any other name, makes clear, “Our government is beholden to oil and cannot imagine a future without oil. We the people have got to imagine this. We have to.”

And that’s where you come in, readers. It’s not just imagination for you: you’re already living another story, human-scale and woven into a living community like roots through soil. Your story is about patience and permanence, connection and commitment. It’s about people as participants in the world — in the carbon cycle, the water cycle, the physical, sacred cycle of life and death — not dominators. These are the values of animals who intend to live in their home for a long, long time. They are values that stand in direct opposition to the corporate masters. They are also the values that a real resistance needs.

A conquered people calls for a boycott. A sovereign people would shred BP’s corporate charter, seize their assets, and put the money of the world’s fourth largest corporation toward restoring the Gulf: the land, the people, the community. There are efforts to do exactly that. More, there are efforts to strike to the heart of corporate power: an amendment to the constitution that would strip them of the rights they have claimed: the Fourteenth Amendment, the Fourth Amendment, the Sixth, the Fifth… rumor has it they have their sights on the Second. They’ve staged a coup and won, and they’ve done what conquerors do: gutted the colony. And it’s not just the earth they’ve scorched, but the oceans and sky as well as the lungs of children and the livers of dolphins.

Call it what it is: a war. It’s not a mistake. It’s not even a set of loopholes that some naughty boys in a bad corporate culture exploited. Whether the oil gushed or was pumped and then burned, the result would have been the same: a planet destroyed — pelican by penguin by Ogoni child — for the benefit of a wealthy few.

It’s time to remember the animals — brave and hungry and loyal — that we are. So with your front paws, turn off all the corporate media flooding our culture and our children with moral stupidity and go dig in the dirt. It’s your dirt, our dirt, the collective home of a tribe called carbon. It’s our place, our people, an indivisible part of the story of us.

As for your hind feet, stand up on them and fight.

2010 Gulf of Mexico oil spill “clean up” 52 times more toxic than spill itself

By Georgia Institute of Technology

If the 4.9 million barrels of oil that spilled into the Gulf of Mexico during the 2010 Deep Water Horizon spill was a ecological disaster, the two million gallons of dispersant used to clean it up apparently made it even worse – 52-times more toxic. That’s according to new research from the Georgia Institute of Technology and Universidad Autonoma de Aguascalientes (UAA), Mexico.

The study found that mixing the dispersant with oil increased toxicity of the mixture up to 52-fold over the oil alone. In toxicity tests in the lab, the mixture’s effects increased mortality of rotifers, a microscopic grazing animal at the base of the Gulf’s food web. The findings are published online by the journal Environmental Pollution and will appear in the February 2013 print edition.

Using oil from the Deep Water Horizon spill and Corexit, the dispersant required by the Environmental Protection Agency for clean up, the researchers tested toxicity of oil, dispersant and mixtures on five strains of rotifers. Rotifers have long been used by ecotoxicologists to assess toxicity in marine waters because of their fast response time, ease of use in tests and sensitivity to toxicants. In addition to causing mortality in adult rotifers, as little as 2.6 percent of the oil-dispersant mixture inhibited rotifer egg hatching by 50 percent.  Inhibition of rotifer egg hatching from the sediments is important because these eggs hatch into rotifers each spring, reproduce in the water column, and provide food for baby fish, shrimp and crabs in estuaries.

“Dispersants are preapproved to help clean up oil spills and are widely used during disasters,” said UAA’s Roberto-Rico Martinez, who led the study. “But we have a poor understanding of their toxicity. Our study indicates the increase in toxicity may have been greatly underestimated following the Macondo well explosion.”

Martinez performed the research while he was a Fulbright Fellow at Georgia Tech in the lab of School of Biology Professor Terry Snell. They hope that the study will encourage more scientists to investigate how oil and dispersants impact marine food webs and lead to improved management of future oil spills.

“What remains to be determined is whether the benefits of dispersing the oil by using Corexit are outweighed by the substantial increase in toxicity of the mixture,” said Snell, chair of the School of Biology. “Perhaps we should allow the oil to naturally disperse. It might take longer, but it would have less toxic impact on marine ecosystems.”

From Georgia Institute of Technology

Study finds that BP oil spill is killing dolphins at six times normal rate

Study finds that BP oil spill is killing dolphins at six times normal rate

By University of Central Florida

The largest oil spill on open water to date and other environmental factors led to the historically high number of dolphin deaths in the Gulf of Mexico, concludes a two-year scientific study released today.

A team of biologists from several Gulf of Mexico institutions and the University of Central Florida in Orlando published their findings in the journal PLoS ONE.

For the past two years, scientists have been trying to figure out why there were a high number of dolphin deaths, part of what’s called an “unusual mortality event” along the northern Gulf of Mexico.

Most troubling to scientists was the exceptionally high number of young dolphins that made up close to half of the 186 dolphins that washed ashore from Louisiana to western Florida from January to April 2011.  The number of “perinatal” (near birth) dolphins stranded during this four-month period was six times higher than the average number of perinatal strandings in the region since 2003 and nearly double the historical percentage of all strandings.

“Unfortunately it was a ‘perfect storm’ that led to the dolphin deaths,” said Graham Worthy, a UCF provosts distinguished professor of biology and co-author of the study.  “The oil spill and cold winter of 2010 had already put significant stress on their food resources, resulting in poor body condition and depressed immune response.  It appears the high volumes of cold freshwater coming from snowmelt water that pushed through Mobile Bay and Mississippi Sound in 2011 was the final blow.”

The cold winter of 2010 was followed by the historic BP Deepwater Horizon disaster in April 2010, which dumped millions of gallons of oil into the Gulf of Mexico, likely disrupting the food chain. This was in the middle of the dolphins’ breeding season. A sudden entry of high volumes of cold freshwater from Mobile Bay in 2011 imposed additional stress on the ecosystem and specifically on dolphins that were already in poor body condition.

“When we put the pieces together, it appears that the dolphins were likely weakened by depleted food resources, bacteria, or other factors as a result of the 2010 cold winter or oil spill, which made them susceptible to assault by the high volumes of cold freshwater coming from land in 2011 and resulted in distinct patterns in when and where they washed ashore,” said Ruth Carmichael, a senior marine scientist at the Dauphin Island Sea Lab, an assistant professor of Marine Sciences at the University of South Alabama and the lead author of the study.

The majority of perinatal strandings were centered on the Mississippi-Alabama coast, adjacent to Mobile Bay, the 4th largest freshwater drainage in the U.S. The onshore movement of surface currents during the same period resulted in animals washing ashore along the stretch of coastline where freshwater discharge was most intense.

Others who contributed to the study include: William M. Graham and Stephan Howden from the University of Southern Mississippi, Stennis Space Center and Allen Aven from the Dauphin Island Sea Lab and the University of South Alabama.

Worthy is the Hubbs Professor of Marine Mammalogy. He received his PhD in 1986 from the University of Guelph in Canada and then completed post-doctoral training at the University of California at Santa Cruz, where he studied elephant seals, bottlenose dolphins and California sea lions. He spent 11 years as a faculty member in the Department of Marine Biology at Texas A&M University at Galveston and served as the State Coordinator for the Texas Marine Mammal Stranding Network.

Worthy and his team at UCF have been studying dolphin populations in the Pensacola and Choctawhatchee bays for years.

From University of Central Florida News: http://today.ucf.edu/study-points-to-causes-of-dolphin-deaths-in-gulf-of-mexico/