Resistance growing in Utah as first US tar sands mine is approved

Resistance growing in Utah as first US tar sands mine is approved

By Melanie Jae Martin / Waging Nonviolence

Last week, a new front opened in the struggle against tar sands mining in the U.S. If you didn’t know that tar sands mining is in the works on this side of the border in the first place, you’re not alone. Most people don’t realize that tar sands extraction, which has caused tremendous pollution and environmental degradation in Canada, has crossed the border to U.S. soil, where it has taken root in Utah.

Activists on both sides of the border have been working fervently to halt the spread of tar sands in Canada and the piping of tar sands oil from Alberta to Texas. Beginning with Tar Sands Action’s mass arrests outside the White House in August 2011, followed by the Indigenous Environmental Network’s protests at the climate talks in Durban that December, activists have made Canadian tar sands mining and the Keystone XL pipeline to the Gulf of Mexico a high-profile issue this past year.

Now, direct action campaigns like the Tar Sands Blockade in Texas are continuing the effort to stop construction of the southern leg of the pipeline by disrupting business as usual for the oil industry. The threat of tar sands mining in the U.S., however, complicates the struggle. It forces geographically divergent groups to either divide their efforts or find ways to unite across vast distances. That’s why groups like Utah Tar Sands Resistance and Before It Starts are forming a strategy that can join, as well as compliment, the tornado of opposition that has formed against the tar sands industry.

Before It Starts — co-founded by Ashley Anderson, who began Peaceful Uprising with Tim DeChristopher in 2009 — is focusing primarily on national outreach, while Utah Tar Sands Resistance is focusing on forging local and regional coalitions. In both groups, activists who have experience in nonviolent direct action are prepared to ramp up efforts when the time is right. Thus far, however, the struggle has mainly been waged in the courtroom.

The environmental group Living Rivers initiated a legal challenge in 2010 to halt the progress of what’s set to become the first commercial tar sands mine in the U.S. — a forested area in Eastern Utah called PR Spring, which the state has leased a portion of to the Canadian mining company U.S. Oil Sands. Living Rivers has contested the company’s permit to dump wastewater at the mine, but last week, the judge — an employee of the Utah Department of Environmental Quality — sided with U.S. Oil Sands, granting it the right to pour toxic wastewater into the remote wilderness of eastern Utah.

The case hinged on whether or not PR Spring contains groundwater. In the hearing back in May, U.S. Oil Sands argued that the land holds no groundwater, which means that polluting the land wouldn’t contaminate water systems. But according to engineering geologist Elliott Lips, who spoke as a witness for Living Rivers, the land holds numerous seeps and springs, which the toxic tailings would pollute before either continuing to flow into rivers or percolating downward into the Mesa Verde aquifer. Ultimately, the judge was satisfied knowing that the company had conducted its own tests and would have reported water if it had found any.

Raphael Cordray, co-founder of the Utah Tar Sands Resistance, explains that tar sands mining would be incredibly destructive in a number of ways, such as polluting water, lowering river levels and destroying diverse ecosystems. “There’s so much wild land in our state, and that’s something I’m proud of,” she said. “That’s our legacy. And it’s a treasure for the whole world. Some of these places they’re trying to mine are so unique that if more people realized they existed, they’d certainly be considered national parks.”

To catalyze mass resistance, the group plans to lead trips to the site. “Helping people experience the majesty of this land firsthand will show people how much is at stake, and move them to take a stronger stand,” said Utah Tar Sands Resistance co-founder Lionel Trepanier.

Together with activists from Peaceful Uprising and Living Rivers, Utah Tar Sands Resistance visited the PR Spring site two weeks ago, and members returned home ready to ramp up efforts to halt the mining. As a member of both groups, I went along on the trip, because I wanted to see firsthand what the land looked like and whether the mining company’s claims about the absence of groundwater were accurate.

As it turns out, they couldn’t be more false. Water has etched its presence into this land, leaving creek beds that may run low at times but never go away. And clearly, the area holds plenty of water to support the large herds of deer and elk, as well as the aspen, Douglas firs and pinyon pines that make up the dense forest covering much of the land.

This vibrant green scenery was juxtaposed by the two-acre strip mine just feet away from the forest’s edge. The difference between life and death could not have been more stark. Looking into the face of such destruction, I realized it’s no longer about saving the ecosystem, or saving our water — it’s about saving life on Earth. But that kind of effort isn’t possible without a broad movement behind it.

According to Lionel Trepanier, the groups working on this issue are looking to Texas’ Tar Sands Blockade as a model for building a broad coalition that includes “diverse groups of people like ranchers, hunters, the Indigenous community and climate justice activists.”

“I think we so often assume that someone won’t agree with us just because they seem different from us, when they could be our biggest ally,” said Cordray. “We’re committed to breaking down those barriers formed by fear of reaching out, and approaching people as human beings who need clean water and a healthy environment just as much as we do.”

Read more from Waging Nonviolence: http://wagingnonviolence.org/2012/09/opposition-mounts-as-first-tar-sands-mine-in-us-gets-a-green-light/

Rising Tide Australia forces shutdown of coal railway project

Rising Tide Australia forces shutdown of coal railway project

By Rising Tide Australia

Activists entered the Hunter 8 Alliance compound at Rutherford before dawn today, erecting a wooden tripod to block access to the site, which is part of a Federally funded project to increase coal haulage capacity in the Hunter Valley. Activist Ned Haughton scaled the 10 metre high structure, where he remained for the next five and a half hours. Haughton has now been arrested, and will be charged with obstruction.

Steve Phillips, spokesperson for protest organisers Rising Tide, said: “This railway construction project is designed purely for the benefit of coal corporations, yet it is being paid for with taxpayers money.”

“Why are taxpayers dollars being handed over to rich mining corporations, in order to prop up a polluting industry that is destroying human health and the environment?”

“There is a coal rush under way in NSW, and public health, waterways, ecosystems, and the global climate are under assault. Massive coal mine projects, coal haulage projects, and coal port projects are in the pipeline. If all these projects go ahead, the consequences will be devastating.”

Today’s protest follows two consecutive days of community direct action against the Boggabri mine in the Gunnedah Basin – the coal industry’s “new frontier”. A major expansion of the Boggabri coal mine was approved by the NSW Government in July despite huge ecological impacts and overwhelming community opposition.

“We call on State and Federal Governments to abandon their infatuation with mining companies, and their addiction to fossil fuels. It’s time to take a stand and stop this coal rush before it’s too late.”

Key facts.

  • The Maitland to Minimbah Third Track project is being constructed by Hunter 8 Alliance, which is a consortium of engineering company GHD, construction company John Holland, and the Federally owned Australian Rail Track Corporation.
  • The objective of the project is to lift coal haulage capacity on the Hunter rail corridor to 200 million tonnes per annum. It includes construction of 23km of new rail track, and reconditioning of 9km of existing track.
  • The Federal Government granted $114 million, through the ARTC, to the project.

From Rising Tide Australia

Tahltan people set up road block to stop mine construction on ancestral land

By Skwekwekwelt Solidarity

Concerned members of the Tahltan Nation have set up a road block on Highway #37, 80 km south of Dease Lake, BC at the Tatogga Lake Resort. The Red Chris Mine is within the territory of the Tahltan Nation who have occupied territory since time immemorial. The specific area where the Red Chris Mine is being constructed is home to many species of animals including Stone Sheep, Mountain Goat, Moose and Caribou. The Tahltans depend upon these animals for subsistence and believe that the mine will destroy the animal’s habitat and calving grounds that is sacred to the Tahltans.

The Tahltan Leadership has spoken out strongly against the mine and criticized the BC mine permitting process that is viewed as corrupt. The BC Liberal Government has given free rein to mining companies leaving the environment vulnerable to contamination and disruption. Tahltans have serious concerns with the design of the tailings ponds and the potential for leakage and wide scale environmental disasters that will result should tailings leak into the environment. At the Tahltan Central Council Annual General Assembly held in July 2012 a resolution was passed to develop a No Red Chris Campaign to oppose the Red Chris Mining Project.

Two Tahltan women Kukdookaa and Adanza’a will be at the blockade with other elders and concerned Tahltans handing out information and educating those travelling along Highway #37 about the critical issues facing the Tahltans and their homelands.

Adanza’a is a 73 year old great grandmother on the blockade to protect her homeland for her grandchildren so that they can enjoy what we have today without the destruction mining will bring. She said that, “Our ancestors fought and died for our homeland to protect our way of life for us and the least we can do is fight for our rights and the rights of generations to come.”

Kukdookaa is also a grandmother who believes in fighting for the rights of the Tahltan Nation and will go to any length to protect the Tahltan people, wildlife, fish, and the environment. “It is irresponsible of the BC Government to provide permits while serious issues remain unresolved with the people who occupy the area.” Wild game outfitters, resort owners and other business people also have concerns with the location of the road and the disruption to wildlife and the pristine wilderness.

From Intercontinental Cry: http://intercontinentalcry.org/tahltans-set-up-roadblock-to-oppose-red-chris-mine/

New eminent domain laws allow states to give private land to oil and gas corporations

New eminent domain laws allow states to give private land to oil and gas corporations

By Alison K. Grass / AlterNet

Eminent domain, the government’s right to condemn (or take) private land for “public use,” has at times been a highly contentious topic because it can displace people from their homes to make way for construction of different projects, like highways or roads, civic buildings and other types of public infrastructure. However, what some may not realize is that several states have granted eminent domain authority to certain private entities, including oil and gas companies. These companies are using it as a tool to seize private land, which increases profits and benefits their wallets.

According to the U.S. Constitution’s Fifth Amendment, in order to pursue eminent domain, the land must be taken for “public use” and the private property owners must receive “just compensation.”

No person shall be . . . deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Traditionally, the “public use” provision referred to projects like roads, schools, parks and other public facilities that could be directly used by all. However, the meaning of “public use” has been loosely interpreted in recent years.

The controversial Kelo v. City of New London (2005) is credited with broadening the interpretation of “public use.” In this case, the Supreme Court ruled in favor of New London, deciding that the city could take private property and give it to another private entity for “economic development.” The Court decided that this met the “public use” provision of the Fifth Amendment. But despite taking the land and spending millions of taxpayer dollars on the proposed project, the plan never came to fruition and nothing was constructed.

Now it seems that the oil and gas industry is capitalizing on this this precedent-setting case.

A University of Minnesota Law professor describes this trend: “in many natural resource–rich areas of the country, however, the knock on the door is less likely to come from a government official and much more likely to come from a mining, oil, or gas company representative.”

The state legislature of North Carolina recently legalized fracking. Yet, what some residents may not know is that North Carolina’s eminent domain law allows some private entities to take private property for certain uses. This includes oil and gas companies who have been given the right to condemn land and construct pipelines for natural gas transportation. As a supervising attorney at the Duke Environmental Law and Policy Clinic points out, there could be even bigger implications. “If private companies engaged in these activities are designated as ‘public enterprises,’ then they may be able to take private property for purposes far beyond that of laying pipelines.”

In July, the Pennsylvania Commonwealth Court ruled that provisions in Act 13, (which revised the Oil and Gas Act of 1984), aiming to prevent local zoning rules for gas drilling and fracking were unconstitutional. However the Court didn’t rule on the topic of eminent domain. This leaves open the possibility that oil and gas companies could pursue this as a method to take people’s land.

Meanwhile in Texas, TransCanada, the company that wants to build the Keystone XL Pipeline, is trying to grab private property from a small town, claiming they have eminent domain rights—and some residents are outraged.

The Kelo case broadened the interpretation of the “public use.” The city of New London took land from a private property owner so that they could give it to a private entity in the name of “economic development.” Unfortunately, oil and gas companies will now have this card to play when justifying land grabs.

From AlterNet: http://www.alternet.org/environment/how-some-states-are-giving-oil-and-gas-companies-right-take-your-land?paging=off

Farmers in Mexico shut down exploitative and ecocidal silver mine

Farmers in Mexico shut down exploitative and ecocidal silver mine

By Paul Bocking / Waging Nonviolence

Civil disobedience has halted production at Mexico’s “top grade producer of silver.” Farmers of the La Sierrita village, a close knit community of about 50 families, located 40 minutes north of the city of Gomez Palacio, Durango, have shut down the La Platosa mine owned by Canadian firm Excellon Resources for over a month.

This comes in response to the company’s refusal to negotiate with the community over its requests for the preferential hiring of local people on whose land the company operates, as well as pay the rental rates for its use. Labor conditions within the underground mine where many local residents work is also an issue. Dozens of community members have maintained a nonviolent blockade of the one road into the mine, allowing only essential maintenance workers to pass, resulting in extraction grinding to a halt.

In recent years mining operations have drawn local protests from Peru to Tanzania and Papua New Guinea. Mexico is the site of several high profile struggles, nearly all involving Canadian companies. Communities are opposing the loss of their land and its contamination with toxins, including arsenic and cyanide, which are used in abundance in the extraction of gold.

Unlike many of these conflicts, the residents of La Sierrita have succeeded in inflicting a substantial economic cost to the company. As in the case of an effective strike, it is hoped that the continued shut down of its sole mining operation will eventually force Excellon to yield. Along with the community’s unified resolve to maintain the blockade, what distinguishes this struggle is that so far, it has succeeded in effectively disrupting the mine without triggering violent repression from the Mexican government or the company.

Many human rights activists are accustomed to campaigning against U.S.-based transnational corporations, which continue to dominate many sectors, but in the particularly violent, exploitative and dirty world of resource extraction, Canadian corporations are among the worst culprits. Since the mid-1990s, the Canadian-based mining sector has emerged to become the biggest in the world. The Toronto Stock Exchange is now the principal source of finance capital for mining operations. In 2010, Canadian mining companies held assets worth $129 billion internationally, with 90 percent owned by the 70 largest firms. Mexico is the second biggest country for Canadian overseas mining operations. With five mines, Goldcorp has the largest Canadian corporate presence in Mexico. Goldcorp also owns the infamous Marlin mine in Guatemala, where the company has been implicated in the deaths of human rights activists protesting its incursion into traditional indigenous territories.

Read more from Waging Nonviolence: http://wagingnonviolence.org/2012/08/no-silver-medal-mexican-farmers-battle-canadian-mine-for-control-of-their-land/

Colombian Government Opening 38,000 Square Miles to Mining

Colombian Government Opening 38,000 Square Miles to Mining

By Mongabay

Colombia’s move last week to begin granting new mining concessions across 17.6 million hectares has raised concerns about the potential environmental impacts of a new mining boom across the country.

Colombia’s rich mineral deposits have long been eyed by investors, but civil conflict limited extraction to secure areas until the early to mid 2000s. With the decline in violence in recent years, mining projects in the country have mushroomed, including a surge in unlicensed and unregulated wildcat mines — the National Mining Agency said yesterday that a census for 2010-2011 found that 73 percent of mining operations lack proper title.

But with the influx of miners, there have been rising complaints about environmental damage. Earlier this month environmentalists held demonstrations demanding stronger safeguards in a new mining code that will be submitted to Congress next year. Meanwhile indigenous groups have been reporting conflict with both large mining companies and small-scale miners for years.

The Colombian government asserts that despite opening vast areas for mining, including regions renowned for their high levels of biodiversity, the new mining regulation will limit some of the worst damage seen in recent years by formalizing small-scale miners. It says the new mining code will prohibit mining in protected areas and sensitive ecosystems.

Environmentalists aren’t so sure. According to Catherine Gamba-Trimiño, an independent environmental consultant, mining titles and environmental licenses already granted in protected areas would be allowed to stand, while lower-level protected areas, like civil society nature reserves and municipal parks wouldn’t be off-limits.”Governmental efforts to plan and organize development and extractive activities are applauded,” Gamba-Trimiño told mongabay.com. “However, asking Colombian society to pay the price for the environmental licenses already granted in strategic ecosystems such as paramos, instead of perhaps indemnifying companies and revoking former licenses, is not fair.”

Gamba-Trimiño added that indigenous communities — which control large swathes of Colombia, including areas being targeted for mining — may also lose out under the new rules.

“Companies are obliged to consult only with Indigenous and Afro-Colombians before starting operations in their lands, but the Mining and Energy Minister has been clear at saying ‘they have no veto power.'”

Read more from Mongabay: “Move to regularize mining in Colombia spurs concerns

Photo by Dimitry B on Unsplash