Editor’s Note: In today’s piece, we bring to you two issues from New Delhi, India. First, the Dwarka forest is being threatened with deforestation for redevelopment projects. Second, the spotted deer in Deer Park are being relocated to a different state because the authorities now believe that the deer have become “unmanageable.” The eco-suicidal drive of our collective culture is what makes decisions. The needs of nature and life come secondary. Both of these issues are a reflection of the same trend. The two issues are followed by a video from one of our readers. We thank Tannuja for providing us with the stories and David for offering the video.
Deforestation in Dwarka Forest
Location
An obscure 120 acre forestland in Dwarka, New Delhi, India.
History
This dense forest, hardly known to the public of Delhi, is located right behind New Delhi Indira Gandhi International Airport’s T3 Terminal. It is a newly grown forest that is under the threat of eradication due to rapid urbanization taking place in the area.
Importance
Home to several species of both flora and fauna. Wildlife such as spotted deer, nilgai, local species of birds and many other animals have been thriving in the jungle peacefully.
This forest is close to Sahibi river, though it is newly grown forest (around after 2008), it falls in the migratory route of Birds arriving at Great Najafgarh Lake.
It also decreases the habitat concentration (overpopulation stress) from Najafgarh Lake.
Delhi airport emissions are on a constant rise. So, this natural forest soaks up all that massive carbon emissions as it is situated pretty close. Shielding Dwarka citizens from jet fumes.
Delhi airport is an urban heat-island and this forest helps regulate the rising temperature.
Reports state that due to excessive groundwater extraction – nearby areas are going to SINK! This forest falls in low lying area so it recharges so much water to keep the Dwarka & Kapashera areas from sinking.
What is the crisis that has struck?
Recently, it was reported by a local resident named Mr. Naveen Solanki, that the forest is rapidly being destroyed by the Railways Authority for Bijwasan Railway Terminal Redevelopment Project. Since January 2022, he has been defending the forest on his own and has even filed a complaint in the Forest Department of New Delhi against the same. Yet the complaints have been going unheard.
Even earlier, the Rail Land Development Authority (RLDA) had been slapped with a fine of almost 5.9 crore rupees (750,000 USD) by the Forest Department for felling 900 trees in the forest. The aggressive and rapid deforestation in the area continues to take place to this date for the Railways Project.
The wildlife that live in the forest, are at large risk of not only losing their home but being killed off as well by having no other option but to come out on the roads and into nearby areas with human settlements.
“Will the Government of India and authorities involved, do the right thing by putting an end to this atrocious eradicating of our forest lands?”
Link to complaints made by Mr. Solanki made public via. his Twitter account
— Naveen Solanki #BANCARS #CyclingRevolution🇮🇳 (@Solanki666N) July 4, 2023
Relocation of Deer from Deer Park
Location
Hauz Khas, South District, New Delhi, India.
History
This is a 60 year old, sprawling 60 acre bio-diversity park that is situated within the heart of the capital city. It was named after activist and social worker Aditya Nath Jha and popularly known as “Deer Park” because of the significant population of spotted deer — which it has been home to for the last six decades.
Importance
A landmark place in the capital, it is home to not just the spotted deer population but hundreds of local species of birds, most notably the Indian peafowl, ducks and also a significant population of Indian monkeys and rabbits, along with a variety of flora as well.
For the last 60 years, the wild animals in the park have been thriving without any direct human intervention so far. Which is a matter of great feat considering Delhi has lost almost its entire wildlife population throughout the courses of its history.
One of the largest green belts to exist in New Delhi, it would be right to call it as one of “the lungs of Delhi” because it, collectively with other green belts, provides clean and fresh air in the otherwise heavily polluted capital city.
Plus, the existence of wild animals and to see them thriving within the park premises, is a sight to behold.
What is the crisis that has struck?
Very recently, The Ministry of Environment, Forest and Climate Change, India, along with The Central Zoo Authority (CZA) has passed an order deeming the existence of spotted deer population in the park as unmanageable.
So, it not only stripped-off the park of its “mini-zoo” title, but has decided to shut it completely by relocating its entire deer population (over 600 in number) to their “natural habitat” in the western state of Rajasthan — to be served as prey to other wild animals there. The place where the government wants to dump them (Rajasthan) is a desert state, with extreme arid climate throughout the year. These deer are used to living in the bearable, if not pleasant climate of New Delhi throughout their hundreds of generations. Now imagine getting dumped somewhere where there are no water sources readily available along with no grassland. The deer would come into a state of shock from not just the animals who’d want to hunt them but also the scarcity of their regular diets which they have been used to for years. The rise in the number of deer should’ve been a matter of pride and celebration, not an excuse to kick them out of their own home and take it all over.
Also, it would completely be put under the management of Delhi Development Authority (DDA) once the deer are relocated, which means that its landscaping would be altered or changed, to make it more accessible to humans/public.
“If the population of deer has become unmanageable, then why are the entire deer being relocated and not just a percentage of them?”
The concerned people of Delhi also fear that once the deer population is gone, then DDA also might start indulging the catering/event mafias in the park — to host private events and parties of the South Delhi elites in the park premises. The park would become a human-infested picnic spot and the talks about the authorities indulging catering/event mafias in its premises later on just might be right.This would only lead to littering and pollution in the park and impact/disturb its other wildlife residents that have been living peacefully there for the last six decades. Plus, many who have grown up in Delhi, have sentimental memories/values attached to the Deer Park. Hence, losing such a wildlife haven that has been there for the last sixty years in the heart of our city, has become nothing less than an utter shock to all of us.
Editor’s Note: Portsmouth Gaseous Diffusion Plant (PORTS), a facility in Pike County, Ohio, produced enriched uranium for the US Atomic Energy Commission (USAEC). It operated from 1954 to 2001. Since 2019, PORTS has been under scrutiny for expelling radioactive material to the land, air and soil. The local community had been unaware till mid-2019 when enriched uranium was detected in Zahn’s Corner Middle School, culminating in the school having to be suddenly closed after the revelation. The school later filed a lawsuit against PORTS. On June 10, Dr. Michael Ketterer gave a presentation on the ongoing effects of the contamination by PORTS. The following piece presents a brief summary and reflection, followed by a video of the presentation.
By Bobby Vaughn, Jr.
On the beautiful and lightly breezy afternoon of June 10th, the residents of Piketon, OH, and many surrounding cities, were shaken awake by new, revealing disclosures exposed at the Comfort Inn Conference Center. The exposé pertained to the extent of radioactive fallout discharged from the Portsmouth Gaseous Diffusion Plant (PORTS), and included documented evidence to prove the startling claims.
Radioactive elements were released from the plant both intentionally, as ordered by management, and also unintentionally during accidents. These occurred from the date it opened in 1954 up until the present day.
Though, until this particular meeting was held by scientists and whistleblowers, details surrounding these facts have never formally been divulged to the public by any of PORTS’ governing agencies: Department of Energy (DOE), Nuclear Regulatory Commission (NRC), nor the Environmental Protection Agency (EPA).
The first speaker to present his detailed, yet very well explained, intel was Dr. Michael Ketterer. He is Professor Emeritus of Chemistry and BioChemistry at Northern Arizona University, and has many peer-reviewed papers published science journals. He’s recently performed various in-depth radiochemical testing on samples obtained from around the Portsmouth Gaseous Diffusion Plant.
Summing up the vast array of Dr. Ketterer’s intensive findings, he’s personally found many radioactive isotopes surrounding PORTS at multiple locations, and have so far found to be (at least) 14 miles away. These include not only uranium-235 (U-235), which was the plant’s “money isotope”, but also uranium-234, which is conservatively 7,000 times more radioactive than U-235!
To the jaw-dropped audience, Dr. Ketterer explained in a section of his powerpoint presentation entitled, The Penetrating Power of Radioactivity, also exclaiming the unique differences and high concerns between alpha, beta, and gamma particles.
The uranium detected near PORTS, OH, and even Huntington, WV is an alpha emitter.
The list doesn’t stop there. Amidst uranium, there are currently detectable amounts of transuranics, plutonium (Pu), Neptunium (Np), and Americium (Am), and also the fission-element, technetium-99 (Tc-99), which flows and interacts with water very fluently, and is a beta ray emitter. Tc-99 has been detected almost everywhere vastly surrounding the plant.
Alpha radiation, which is most common in the Uranium, Neptunium, and Plutonium, is present in samples taken from dust, dirt, water and air surrounding the Piketon, Ohio plant. When ingested from eating or inhaling they become radioactively and chemically severe, and can cause fetal abnormalities, birth “defects”, mutations, cancer, and much worse, death.
And, remember, the alpha were the most plentiful; plus, they were being released into the surrounding towns, environment/nature, as well as the homes intentionally by the plant.
These radioactive particles enter into your body, home, and business through your use of air-conditioning systems and simply breathing and eating. They are ingested alpha, beta, and gamma emitters.
Dr. Ketterer, as well as myself, and on behalf of many, many others; we beg the pardon of the DOE and governing agencies’ contracted companies, including but not limited to Centrus, USEC, Fluor-BWXT, Lockheed-Martin, Bechtel and Goodyear. Their corporate-government criminal acts have been documented, and are being investigated.
Dr. Ketterer, after vigorous testing, and documenting his findings, concluded he does not accept the DOE and Plants’ null hypothesis that the radioactive contamination surrounding the plant, which is killing children is from nuclear weapons testing from the Nevada Test Site. It all came from the Portsmouth Gaseous Diffusion Plant.
Growing up in the radioactive wasteland of Metropolis, Illinois, early on in life Bobby developed a sense of responsibility in protecting the Ohio River and the surrounding community. Bobby continues to collaborate with nuclear whistleblowers and active individuals in exposing truths which have been buried for decades. Bobby loves adventures in nature, art, scootering and researching. An Investigative Journalist by nature, yet a vigilante at heart.
Editor’s note: In the short span of time that plastic was invented, plastic has become ubiquitous. Not just in its widespread use in our daily lives but also in the pervasive form that it has entered our ecosystem and our bodies. In its nanoparticle (any particle of diameter ranging from 1 to 100 nanometer) form, plastics are capable of entering our bodies more so than a coarse particle of plastic is. The following article explains the direness of the situation.
The air is plasticized, and we are no better protected from it outdoors than indoors. Minuscule plastic fibers, fragments, foam, and films are shed from plastic stuff and are perpetually floating into and free-falling down on us from the atmosphere. Rain flushes micro- and nanoplastics out of the sky back to Earth. Plastic-filled snow is accumulating in urban areas like Bremen, Germany, and remote regions like the Arctic and Swiss Alps.
Wind and storms carry particles shed from plastic items and debris through the air for dozens, even hundreds, of miles before depositing them back on Earth. Dongguan, Paris, London, and other metropolises around the world are enveloped in air that is perpetually permeated by tiny plastic particles small enough to lodge themselves in human lungs.
Toxic Tires
Urban regions are especially full of what scientists believe is one of the most hazardous particulate pollution varieties: synthetic tires’ debris. As a result of the normal friction caused by brake pads and asphalt roads, and of weathering and wear, these tires shed plastic fragments, metals, and other toxic materials. Like the plastic used to manufacture consumer items and packaging, synthetic tires contain a manufacturer’s proprietary blend of poisons meant to improve a plastic product’s appearance and performance.
Tire particles from the billions of cars, trucks, bikes, tractors, and other vehicles moving across the world escape into air, soil, and water bodies. Scientists are just beginning to understand the grave danger: In 2020, researchers in Washington State determined that the presence of 6PPD-quinone, a byproduct of rubber-stabilizing chemical 6PPD, was playing a major factor in a mysterious long-term die-off of coho salmon in the U.S. Pacific Northwest. When Washington’s fall rains heralded spawning salmon’s return from sea to stream, the precipitation also washed car tire fragments and other plastic particles into these freshwater ecosystems.
Up to 90 percent of all coho salmon returning to spawn in this region have died—much greater than is considered natural. As the study’s lead author, environmental chemist Zhenyu Tian, explained in a 2020 interview with Oregon Public Broadcasting, 6PPD-quinone appears to be a key culprit: “You put this chemical, this transformation product, into a fish tank, and coho die… really fast.”
Microplastic Inside Human Airways
While other researchers had previously searched for, and detected, microplastic dispersed in indoor and outdoor air, Alvise Vianello, an Italian scientist and associate professor at Aalborg University in Denmark, was the first to do so using a mannequin emulating human breathing via a mechanical lung system, publishing his study’s results in 2019. (Despite the evidence his research provides—that plastic is getting inside of human bodies and could be harming us—it was not until 2022 that modern health researchers first confirmed the presence of microplastics in human lungs. And as comprehensive health research has ramped up, we are just beginning to understand how having plastic particles around us and in us at all times might be affecting human health.)
Vianello and his colleague Jes Vollertsen, a professor of environmental studies at Aalborg University, explained that they’ve brought their findings to researchers at their university’s hospital for future collaborative research, perhaps searching for plastic inside human cadavers. “We now have enough evidence that we should start looking for microplastic inside human airways,” Vollertsen said. “Until then, it’s unclear whether or not we should be worried that we are breathing in plastic.”
When I met Vollertsen in 2019, he had speculated that some of the microplastic we breathe in could be expelled when we exhale. Yet even if that’s true, our lungs are indeed holding onto some of the plastic that enters, potentially resulting in damage.
Other researchers, like Joana Correia Prata, DVM, PhD, who studied microplastics at the University of Aveiro in Portugal, have highlighted the need for systematic research on the human health effects of breathing in microplastic. “[Microplastic] particles and fibers, depending on their density, size, and shape, can reach the deep lung causing chronic inflammation,” she said. Prata noted that people working in environments with high levels of airborne microplastics, such as those employed in the textile industry, often suffer respiratory problems. The perpetual presence of a comparatively lower amount of microplastics in our homes has not yet been linked to specific ailments.
While they’ve dissected the bodies of countless nonhuman animals since the 1970s, scientists only began exploring human tissues for signs of nano- and microplastic in earnest during the late 2010s and early 2020s. This, despite strong evidence suggesting plastic particles—and the toxins that adhere to them—permeate our environment and are widespread in our diets. From 2010 to 2020, scientists have detected microplastic in the bodies of fish and shellfish; in packaged meats, processed foods, beer, sea salt, soft drinks, tap water, and bottled water. There are tiny plastic particles embedded in conventionally grown fruits and vegetables sold in supermarkets and food stalls.
Petrochemical-Based Plastics, Fertilizers, and Pesticides
As the world rapidly ramped up its production of plastic in the 1950s and ’60s, two other booms occurred simultaneously: that of the world’s human population and the continued development of industrial agriculture. The latter would feed the former and was made possible thanks to the development of petrochemical-based plastics, fertilizers, and pesticides.
By the late 1950s, farmers struggling to keep up with feeding the world’s growing population welcomed new research papers and bulletins published by agricultural scientists extolling the benefits of using plastic, specifically dark-colored, low-density polyethylene sheets, to boost the yields of growing crops.
Scientists laid out step-by-step instructions on how the plastic sheets should be rolled out over crops to retain water, reducing the need for irrigation, and to control weeds and insects, which couldn’t as easily penetrate plastic-wrapped soil.
This “plasticulture” has become a standard farming practice, transforming the soils humans have long sown from something familiar to something unknown. Crops grown with plastic seem to offer higher yields in the short term, while in the long term, use of plastic in agriculture could create toxic soils that repel water instead of absorbing it, a potentially catastrophic problem. This presence of plastic particles in the soil causes increased erosion and dust—as well as the dissolution of ancient symbiotic relationships between soil microbes, insects, and fungi that help keep plants—and our planet—alive.
From the polluted soils we’ve created, plants pull in tiny nanoplastic particles through their roots along with the water they need to survive, with serious consequences: An accumulation of nanoplastic particles in a plant’s roots diminishes its ability to absorb water, impairing growth and development. Scientists have also found evidence that nanoplastic may alter a plant’s genetic makeup in a manner increasing its disease susceptibility.
In a 2022 study, researchers showed that nanoplastics less than 100 nanometers wide can enter the blood and organs of animals and cause inflammation, toxicity, and changes in neurological function.
Clearly, micro- and nanoplastics are getting into us, with at least some escaping through our digestive tracts. We seem to be drinking, eating, and breathing it in.
And these tiny particles are just one component of plastic’s myriad forms of pollution. From the moment plastic’s fossil fuel ingredients are extracted, to its production, transportation, use, and eventual disposal in landfills, incinerators, and the environment, the plastics pipeline emits toxic chemicals that pollute Earth’s air, soils, waters, seas, animals, plants, and human bodies, and releases greenhouse gases that drive the climate crisis. Most often harmed are already underserved groups, including Black, Brown, Indigenous, rural, poor, and fenceline communities everywhere, driving severe injustice worldwide.
Erica Cirino is a contributor to the Observatory and a science writer and artist who explores the intersection of the human and nonhuman worlds. She took on the role of communications manager of the nonprofit Plastic Pollution Coalition in 2022. Her photographic and written works have appeared in Scientific American, the Guardian, VICE, Hakai Magazine, YES! Magazine, the Atlantic, and other publications. She is a recipient of fellowships from the Woods Hole Oceanographic Institution and the Craig Newmark Graduate School of Journalism at CUNY, a gold Nautilus Book Award, and several awards for visual art.
Editor’s Note: Roam Free Nation’s cofounders traveled to Gardiner, MT recently to attend the Interagency Bison Management Plan meeting and speak on behalf of the buffalo. The meeting gave an overview of the recent “hunt” that killed over 1,200 wild buffaloes. The meeting was also attended by a few representatives of tribal people who participated in the “hunt”. Many of the represented tribal people there were satisfied at how “smooth” the “hunt” turned out to be for them. Read the Roam Free Nation’s full report on the meeting here.
Yet not everyone believes that the “hunt” was what could be the best for the wild buffaloes. The following piece is an opinion piece by Jaedin Medicine Elk, a co-founder of Roam Free Nation and a member of the Cheyenne tribe.
I expected the recent meeting of those involved with the Interagency Bison Management Plan to be highly emotional given the national and international outrage over the indiscriminate killing of so many Yellowstone buffalo this year. Instead, it was business as usual with no remorse from anyone for killing over 25% of the herd as state and tribal hunt managers talked about how well it went and claimed there were no problems.
If you considered the 1,250 dead bulls, pregnant females, and calves from the buffalo’s perspective, however, the conversation would have gone much differently. But none of the “managers” or tribal representatives did that.
The dominate, colonized culture has made its way onto our Tribal Nations. But we can’t live as tribal people when all we think about is ourselves and our rights and not Mother Earth or the wildlife our ancestors loved and depended on.
Killing hungry, pregnant female buffalo at the Park’s border isn’t what we should be doing. We need to allow these matriarchal family groups – mainly pregnant females and grandmothers – to teach the young ones the migration corridors so more buffalo can establish themselves on the lands that are their birth right.
The buffalo know what to do, they just need our help to allow them to do it — it’s the humans who need to be managed. As buffalo culture tribal people, when we see things like Blood Creek at Beattie Gulch in the new documentary by Yellowstone Voices: A Path Forward for the American Bison, we must speak up, not participate in the massive kill.
We have to stop treating these buffalo like they are just meat animals that don’t have a right to roam free on Turtle Island. We’re treating the Buffalo Nation as the Veho (whites) want us to, controlling and destroying these buffalo to appease Montana and the livestock interests – with our help! They want us to forget our ancient relationship and obligations to the Buffalo Nation.
When first joining this issue, I expected powerful native voices who see what is going on to say something. But I came to find out the reality is, people are afraid to say anything as tribal members. We don’t want to fight our own people, but at the same time when it’s our people helping facilitate the destruction of a wild buffalo population, what are we supposed to do? Sit by and let buffalo keep dying because Tribal people have been brain-washed to believe humans are everything and we matter the most? This ‘hunt’ isn’t the right way to reconnect with the Buffalo Nation. They’ve had our back since we made that spiritual connection. Now it’s time we had theirs.
The older I get, the more I understand why our elders tell us to learn our language and culture. When I started being with wild buffalo, things became more clear as to how our ancestors lived their ways of life, copying the Buffalo Nation that kept them going for thousands of years.
Today the Buffalo Nation is like our own Tribal nations…forgotten. Our relationship and connection to them is likewise forgotten — because tribal members are killing pregnant female buffalo and preventing the next generation 0f buffalo from seeing the sun, moon, grass, blue skies, rain, and everything this beautiful Turtle Island has to offer. The Buffalo Nation is looking to tribal nations to help them, not just kill as many as we can because we have treaty rights to do so.
The laws made by men can be unmade by men and now is the time to “un-make” the “management plan” that is decimating wild Buffalo Nation and allow them to once again roam free.
Jaedin Medicine Elk is a co-founder and board president of the Montana-based Roam Free Nation. Jaedin is Northern Cheyenne, a Sundancer and Sacred Pipe Carrier from a traditional Buffalo Culture family.
Editor’s Note: With the inevitability of peak oil, many have welcomed nuclear as an alternate source of energy. Countless “accidents” over the past few decades (Chernobyl and Fukushima being the most prominent) have warned us of the risks associated with nuclear. Not only that, business as usual (without “accidents”) for nuclear does not bode well for public health either. The following is a press release by Radiation and Public Health Project. It highlights the key points of recent health research near NFS nuclear plant in Unicoi County, Tennessee. The press release is followed by a Deep Green Book Club discussion on a film about nuclear waste.
Contact Person
Joseph J. Mangano, MPH, MBA, Executive Director
716 Simpson Avenue, Ocean City NJ 08226 odiejoe@aol.com www.radiation.org
484-948-7965
FIRST IN-DEPTH HEALTH REPORT NEAR NFS NUCLEAR PLANT FINDS DRAMATIC RISES IN UNICOI COUNTY TN DEATH RATES
Since the 1990s, Unicoi County death rates for cancers and other causes increased dramatically, according to a new report released today.
Prior to the late 1990s, Unicoi County death rates were about equal to the U.S. But by the most recent period available (2019-2020), the county rate exceeded the national rate by the largest proportion in the past half-century, specifically:
44% higher for all-cause mortality
61% higher for premature mortality (age 0-74)
39% higher for all-cancer mortality
The report states that the release of radioactive chemicals into the environment by the Nuclear Fuel Services (NFS) plant may play a large role in the local health decline. “No other risk factor, such as access to health care, personal health practices, or poverty appears to have changed much,” says report author Joseph Mangano of the Radiation and Public Health Project.
“As an Erwin native, I am happy to join with Trudy Wallack and Linda Modica as a contributor to important information regarding the health of the people in my hometown and the surrounding areas” says Barbara O’Neal, co-founder of Erwin Citizens Awareness Network (ECAN), which commissioned the study.
The NFS plant is situated in Erwin, in Unicoi County. Since its 1959 startup, the plant has generated enriched uranium fuels for naval reactors and nuclear power plants. NFS releases a portion of this uranium and other radioactive elements into local air and water.
Prior to this report, no in-depth attempt has been made to analyze health status near NFS. The only national study of cancer near U.S. nuclear plants was conducted by the National Cancer Institute in 1990; that study did not include NFS.
The report also identified a growing county-national gap in death rates for infants and children. In the most recent period analyzed, the death rate for Unicoi County children exceeded the national rate by nearly 40%.
ECAN co-founder Trudy Wallack, believes that “as a resident of Greeneville, the protection and safety of the Nolichucky River stands paramount to my community & others. This river serves as the key source for our drinking water as well as family recreation and water sports. It is my hope that my contribution to this study will provide critical information regarding health…to all those who care and are asking questions.”
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.”
![Dramatic Rises In Death Rates Near Nuclear Plant [Press Release]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2023/07/frederic-paulussen-LWnD8U2OReU-unsplash-1080x675.jpg)
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