Decade Long Gag Order for Speaking Out [Press Release]

Decade Long Gag Order for Speaking Out [Press Release]

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.


FOR IMMEDIATE RELEASE

June 19, 2023

Contact:

Terry Lodge, Attorney CELDF
419-205-7084
tjlodge50@yahoo.com

Tish O’Dell
tish@celdf.org
440-552-6774

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 ODNRuniversitiesRolling 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.”

Photo by Kilian Karger on Unsplash

What’s Wrong With the UN High Seas Treaty?

What’s Wrong With the UN High Seas Treaty?

Editor’s Note: Earlier this year, UN delegates reached an agreement on conservation of marine life on international waters. The agreement, reached after two decades of negotiations, claims it will protect 30 percent of the world’s oceans from biodiversity loss by 2030. It has been hailed as a “breakthrough” by Secretary-General António Guterres. Mainstream environmental organizations have followed suit. These two articles by DGR members question these claims. They explore what the treaty actually says. The article is followed by the invitation to a demonstration against Deep Sea Mining in London on May 3 and 4.


The UN High Seas Treaty

By Jolene

Scrolling through a bright green Facebook page a few weeks ago I saw this headline: “More Than 190 Countries Agree On A Treaty to Protect Marine Life.” Sounds good, but is it really? I wonder if anyone who saw that post actually read and researched the story before reacting to it with likes and hearts and enthusiastic comments.

The article said that The United Nations High Seas Treaty aims to protect 30% of the world’s ocean from biodiversity loss by 2030. My first thought was, why only 30%? My second thought was, There’s got to be something more to this treaty than is being told to us in the article. And there is.

First, let’s look at who is allowed to use ocean resources.

Although the ocean body of water can be used by anyone, the ocean seabed belongs to the coastal state, which is 12 nautical miles from the coast. A nautical mile is a little over a land mile. Each state also has an exclusive economic zone which is 200 nautical miles from its coast. A nation has the right to use the resources in this zone. Beyond the 200 nautical miles is considered international waters — the high seas — which can be used by anyone. The new treaty is supposed to regulate the use of international waters.

Right now, all nations are allowed to lay submarine cables and pipelines along the floor bed of the high seas. That seems destructive enough, but now the UN High Seas Treaty, that is supposed to protect marine life, is going to allow deep sea mining to be exempt from environmental impact assessment (EIA) measures.

Deep sea mining is one of the most destructive activities that can be done to the ocean sea bed. The push for this mining is being driven by an increase in demand for minerals to make so-called renewable energy. More and more of the earth’s land is being mined for these minerals, and the mining industry is now looking to the ocean to continue the destruction.

The land and sea should not be owned by anyone, but as we can see, the most powerful people in this industrial society are just taking what they want. Mining destroys land bases, and now deep sea mining is being added to the destruction of the planet. Whenever governments get together to do something “good,” be very skeptical. It’s usually being done for the good of companies, not the planet.


Ocean waves
Ocean Waves by Silas Baisch via Unsplash

What they aren’t telling you about the High Seas Treaty

By Julia Barnes

When the High Seas Treaty was announced, conservation groups applauded and social media was abuzz with celebration. The media portrayed it as a long-awaited victory. Commentators claimed that it meant 30% of the ocean would be protected by 2030, that deep sea mining would face strict regulations, and biodiversity would be safeguarded.

The draft text is easily accessible online. It’s a 54-page document, dry and tedious, but clear enough that any lay person should be able to comprehend its meaning.

That is why it is so unforgivable that the treaty has been misrepresented the way it has.

The High Seas Treaty does not guarantee that 30% of the ocean will be protected. It makes no commitment to a percentage, sets no targets. It merely lays out the regulatory framework under which it would be possible to create marine protected areas on the high seas.

When you think of a protected area, you’re likely imagining a place that is off limits to exploitation, where industrial activities are banned.

Under the High Seas Treaty, a protected area is one that is “managed” and “may allow, where appropriate, sustainable use provided it is consistent with the conservation objectives.”

I do not believe that humans possess the wisdom to manage the ocean, nor would we ever be capable of doing a better job than the ocean does itself, with its billions of years of intelligence.

Our track record with managing fisheries should cast serious doubts about our ability to assess sustainability. We must remember that there is no surplus in nature. When something is taken out, even at a rate that is “sustainable,” nutrients are permanently removed from the ecosystem. This cannot happen without consequences.

Even though “protected” might not mean what we expect it to, let’s assume for a moment that an area managed for “sustainable use” is in better shape than one left “unprotected.” Next, we run into the problem of enforcement.

Illegal fishing is rampant, with 40% of fishing boats in the world operating illegally. Marine protected areas are routine victims of poaching. Unless they deploy a navy to patrol the protected areas on the high seas, it is likely these will only be paper parks.

But all this presumes that marine protected areas will, in fact, be created. The process laid out in the treaty makes this quite difficult. With 193 signatory countries, decisions on the creation of marine protected areas are by consensus, and failing that, will require a two-thirds majority vote.

Proposals for new marine protected areas must undergo a review by a scientific and technical body, then consultation with “all relevant stakeholders,” after which the submitting party will be asked to revise the proposal.

Next, there is a 120-day review period. If another party objects to the establishment of a marine protected area within that time frame, the objecting party will be exempted from the marine protected area.

The review period also leaves time for industries to exploit the proposed area before protection is in place. We’ve seen this happen on land when logging companies targeted soon-to-be-protected forests, cutting as many trees as they could before the protection was granted. It’s not hard to imagine something similar taking place on the high seas, with a proposed area being fished intensively during the 120-day period.

What commentators often ignore is that a large portion of the treaty is dedicated to something called “marine genetic resources” and deals with how to share the “benefits” gained from commodifying the genetic material of marine organisms for use in things like pharmaceuticals.

Conservation groups have falsely claimed that the High Seas Treaty puts limits on deep sea mining, when in fact it does not. Deep sea mining is even exempted from environmental impact assessment measures.

The High Seas Treaty may have been a diplomatic feat, but as is often the case when negotiating with so many parties, to achieve agreement, the text ends up watered down and toothless.

This comes as no surprise. What is disheartening is seeing the way news media and NGOs consistently misrepresent the treaty. For a while, the internet exploded with erroneous claims that 30% protection had been achieved, that the ocean had scored a massive victory.

Meanwhile, the deep sea mining industry is gearing up to begin the largest and most destructive project ever imagined on the high seas, and few people have heard of it.

We have an illusion of protection masking a new era of exploitation.


Demonstration: Say No to Deep Sea Mining!

deep

The International Forum for Deep Sea Mining Professionals will be holding their 11th Annual Deep Sea Mining Summit 2023 in London on May 3rd and 4th.

They have been very secretive about the exact location. Which is understandable considering the destructive nature of this profession. But we have found out where it will be held and we need to have an opposition demonstration there. Everyone and anyone in and around London who is against mining the deep sea should come with signs and solidarity.  We have set a time and date to show up but feel free to come express your views anytime during the summit.  On May 4th at 1pm BST in front of the London Marriott Hotel Canary Wharf 22 Hertsmere Road defend the deep sea!

Species extinction is considered a “likely outcome” of deep sea mining. This new extractive industry threatens not only the fragile seabed, but all levels of the ocean. Mining would produce plumes of sediment wastewater that spread for 100s of kilometers, suffocating the fish who swim throught them.

We have an opportunity to stop this industry before it begins, but we are running out of time. As soon as this July, commercial mining may begin, opening an area of the ocean as wide as North America to exploitation.

We want to show that there is widespread support for a ban on deep sea mining.

We also want to highlight the incredible biodiversity that is threatened, so we are encouraging people to come dressed as their favorite ocean creatures. Don’t let them think your silence means consent.

The Facebook page for this event is here.

Sponsored by Deep Sea Defenders


Featured Image: Life in the ocean by SGR via Unsplash

Preventing Controlled Demolition

Preventing Controlled Demolition

Editor’s Note: The civilization has destroyed many places in the name of progress, which they call ‘sacrifice zones.’ The following piece discusses different instances of destruction from recent history, and how the current economy has actively profited from those destructions. The views expressed in the article are of the author. DGR does not necessarily agree with all of the opinions expressed.


By Mankh

Considering the destruction caused by extractive mining and wars, the global corporate empire society sure seems like one huge controlled demolition. Before getting to the topic of Electric Vehicles (EVs) and specifically Thacker Pass aka Peehee Mu’huh, some examples and explanation of the context of controlled demolition.

Currently in Ukraine, various governments/investors are making bank on both ends of the stick: from the weapons manufacturers destruction end AND the BlackRock, Inc. (an American multi-national investment company) et al reconstruction end. A December 2022 CNBC headline spilled the beans: “Zelenskyy, BlackRock CEO Fink agree to coordinate Ukraine investment” and more recently: “The estimated cost of Ukraine’s reconstruction and recovery bill has grown to $411 billion.” — while US infrastructure crumbles. A key aspect of the reconstruction is multinational agri-businesses salivating over Ukraine’s rich soil, something rarely mentioned in umpteen war analyses.

Speaking of crumbling infrastructure, the derailed train and subsequent deliberate explosions of toxic chemicals in Palestine, Ohio (which includes rivers), has created an environmental disaster; another controlled demolition because lack of care for railroad maintenance and extra care for dollars helped create the accident waiting to happen.

From an article by Tish O’Dell and Chad Nicholson:

“Three days after the derailment, on Feb. 6, we watched as Ohio Gov. Mike DeWine, in consultation with Norfolk Southern representatives, greenlighted a plan to blow holes in five of the cars containing toxic chemicals, which would lead to a ‘controlled release,’ and residents in nearby communities were ordered to evacuate. … By Feb. 7, according to a Norfolk Southern service alert, trains were running through East Palestine again. As thousands of dead fish floated in local waterways, as nearby residents were reporting sickness and dying pets, as untold long-term health and environmental problems lurked in the hazy future, the railroad chugged back to business as usual.”

Also sadly, “East Palestine Soil Contains Dioxin Levels Hundreds of Times Over Cancer Risk Threshold

The broader issue to consider is this: controlled demolition requires careful preparation or deliberate lack there of—and then with the virtual flick of a switch, it happens . . . like dominoes. And a ‘new reality’ is created. What quickly followed the 9-11 attacks was the Global War Of Terror, later determined to have been riddled with lies.

After Covid-19 began, there were lockdowns and a slew of enforced restrictions, many of which were later deemed unwarranted. The world changed in a flash, as did the economy, with many small and some larger businesses going bust, as the elite rich got richer. Yet whatever one’s opinion about all that, the message from the natural world was quiet and clear: rivers and skies cleared up! . . . showing that healing can happen quickly―if we drastically curtail the business as usual of industrial capitalism.

After Ukraine re-began with Russia’s attacks (because the situation ‘began’ in 2014 with the Maidan/neo-Nazi coup overthrowing elected Ukrainian President Viktor Yanukovych) . . . economic sanctions, global economic shake-ups-and-downs, nuclear saber rattling, and more, including the above mentioned agri-business ploy, which, by the way, is also global, as, for example, Bill Gates is “the largest landowner in the U.S.,” owning “270,000 acres spread across 18 different states.”

A Twitter post on March 20, 2023, by esteemed journalist and filmmaker John Pilger, succinctly sums up the media-military-complex modus operandi:

And though not as visibly dramatic, preparations for controlled demolition are happening again with the deliberate push for EVs (Electric Vehicles). For example, in New York, November 2022:

“Governor Kathy Hochul signed legislation that will advance clean transportation efforts by removing barriers to the installation of electric vehicle charging stations on private property.”

&

The Charge NY initiative offers electric car buyers the Drive Clean Rebate of up to $2,000 for new car purchases or leases. Combine that with a Federal Tax Credit of up to $7,500, and it’s an opportunity you wouldn’t want to miss. If you are a New York State resident looking for a new car, it’s a great time to buy or lease a plug-in hybrid or battery-powered car that qualifies for the Drive Clean Rebate.”

As any reader of Deep Green Resistance News Service and those following or participating in the efforts to Protect Thacker Pass knows, “clean” is false advertising and you would want to resist the opportunity. In the broad case of EVs, we, as human beings and as consumers have choices that can affect or re-direct the trajectory of this huge deliberate push for EVs, which is a kind of heating up of boiled frogs controlled demolition . . . because if not stopped, suddenly EVs will dominate the roads and landscapes, while sacred habitats and Native lands are destroyed.

As lawyer and Protect Thacker Pass co-founder Will Falk has alluded to in various interviews and videos, many aspects of the legal system are rigged in favor of government and corporate control of mining; this is a form of control with the goal of demolition of habitat and wildlife, too-often along with desecration of Native lands for profit.

I don’t have the answers for how to stop such control freak factors, but at least recognizing that there are various preparations so that a demolition ‘goes smoothly’ will help each person/group/organization find a best way to participate so as to help prevent specific preparations and perhaps prevent the controlled demolition of Thacker Pass aka Peehee Mu’huh, as well as other sacred site hot spots.

The natural world of plants also has an array of unseen or barely visible preparations until . . . a flower buds then blooms or fruit ripens; let’s call that process a controlled creation or the unfolding of innate potential, as with a seed. This is what those who care about the Earth work hard to defend, protect, and preserve—the natural cycles.

Further demolition examples
In 2017, investigative journalist, author and filmmaker Greg Palast reported:

“…an eyewitness with devastating new information about the Caspian Sea oil-rig blow-out which BP had concealed from government and the industry.
The witness, whose story is backed up by rig workers who were evacuated from BP’s Caspian platform, said that had BP revealed the full story as required by industry practice, the eleven Gulf of Mexico workers ‘could have had a chance’ of survival. But BP’s insistence on using methods proven faulty sealed their fate.
One cause of the blow-outs was the same in both cases:  the use of a money-saving technique, plugging holes with ‘quick-dry’ cement. By hiding the disastrous failure of its penny-pinching cement process in 2008, BP was able to continue to use the dangerous methods in the Gulf of Mexico, causing the worst oil spill in U.S. history.”

As with East Palestine and umpteen other so-called disasters, cutting corners for profit is too-often a factor with controlled demolitions.

“Disasters like these keep happening because the system — the train — keeps rolling, exactly as it was designed to, foisting the consequences onto communities and their environments and hoarding the spoils for the economic elites, while government regulatory agencies issue permits and legalize it all.
“Since this country’s founding, our system of government has placed profits and property interests over people and planet. The derailment in East Palestine illustrates this clearly. For over 150 years, railroad workers have been telling employers like Norfolk Southern and the government that their working conditions are deplorable and dangerous.
“With deregulation of the industry in the 1980s, which included Wall Street mergers and ​’short term profit imperatives,’ trains have been getting longer and longer while the number of train workers gets smaller and smaller.”

In Cobalt Red: How the Blood of the Congo Powers Our Lives, Siddharth Kara writes:

“Villages along the road are coated with airborne debris. There are no flowers to be found. No birds in the sky. No placid streams. No pleasant breezes. The ornaments of nature are gone. All color seems pale and unformed. Only the fragments of life remain. This is Lualaba Province, where cobalt is king.”

Same story again with this headline:

“‘The trees were all gone’: Indonesia’s nickel mines reveal the dark side of our electric future”

To consider these areas as sacrifice zones is a form of mental trickery because it allows people to think that, overall, things are OK, a few bad apples but things are OK in the big apple tree picture. But the other perspective is that things are not OK because continuing to destroy habitats, pollute rivers and air has a cumulative effect. Out of sight, out of mind is no longer an excuse because even with Internet and book censorship, you can often find true information—with a bit of effort.

At Thacker Pass, Lithium Americas’ attempt to destroy the habitat and Native lands for lithium for EVs and other gadgets represents a watershed moment in the global and local greenwashing attempt to revolutionize the extractive energy economy. But the problem with that is, as the word suggests, such ‘revolutions’ wind up back where they started in circular fashion, yet only with a ‘new’ look.

The east coast of Turtle Island is riddled with the aftereffects of the so-called revolution of 1776: New York, New Jersey, New England, New Hampshire, New Haven, New London, New Bedford . . . and on it goes, out to New Mexico and elsewhere. Such ‘newness’ has a track record of destruction and enforced relocation of Native Peoples, and that’s some of what’s on the proverbial table at Thacker Pass.

Shift the narrative . . . dis-invest . . . donate $s . . . employ some monkey-wrenches . . . organize, defend, protest, write something, talk . . . think about a specific area of the in the works controlled demolition that you feel you could literally help thwart. Find a way to do something so as to help prevent yet another control freak demolition. Find a way to do something to preserve “the ornaments of nature” and the lifestyles of those who care for them.


Mankh (Walter E. Harris III) is a verbiage experiencer, in other words, he’s into etymology, writes about his experiences and to encourage people to learn from direct experiences, not just head knowledge; you know, actions and feelings speak louder than words. He’s also a publisher and enjoys gardening, talking, listening, looking… His recent book is Moving Through The Empty Gate Forest: inside looking out. Find out more at his website: www.allbook-books.com

Photo by Valeriy Kryukov on Unsplash

How Many More Dead Whales?

How Many More Dead Whales?

By Carl van Warmerdam

In the last few years whales stranded on the beaches of the East Coast have become common. In just the past two months there have been over a dozen. And that does not include the whales who have died in that time and sank to the bottom of the ocean. Fishermen blame industrial wind farm surveys, the wind industry blames climate change, and the vessel strikes of the global supply chains of civilization will not slow down. All the while mainstream “environmental” groups have become PR people for industrial energy. That stance is mutually exclusive from their professed goal to protect wildlife like desert tortoise, sage grouse, bats and to Save The Whales. 

NOAA declared an official “unusual mortality event” for humpback whales in 2016, when the number of deaths on the East Coast more than doubled from the average in previous years. Coincidentally that is the same year when offshore wind development began, which coincides with the huge jump in NOAA Incidental Harassment Authorizations. The claim that this huge jump in mortality predates offshore wind preparation activities is patently false. This strong correlation is strong evidence of causation, especially since no other possible cause has appeared. It also seems odd that dead whales are now showing up on the west coast just as wind development is starting up there as well.

If what we are seeing is what happens during the surveying process for an offshore wind farm, we can only imagine what will happen when major construction begins. If vessel strikes are a leading cause of death, why on earth would you diminish habitat and increase vessel traffic with the construction of wind turbines? Yet in the recent denial of a vessel speed reduction, NOAA said it was “focused on implementing long-term, substantive vessel strike risk reduction measures.” Hopefully that will include the cancellation of any further wind farm construction. We certainly should not be increasing vessel traffic at this time, we should be restricting it. Vessel strikes and ocean noise from these extra ships and their sonar mapping is killing whales. 

Noise interrupts the normal behavior of whales and interferes with their communication. It also reduces their ability to detect and avoid predators and human hazards, navigate, identify physical surroundings, find food and find mates. Such effects make it difficult for whales to avoid ships. It is one of NOAA’s four threats, along with vessel strikes, fishing gear entanglements and climate change.

Sound travels farther and four times faster in water than in air (at a speed of almost 1,500 meters per second). The noise produced by humans can therefore spread considerable distances underwater. These sounds can be relatively constant, such as the noise produced by a ship’s engine and propeller, or sudden and acute in the case of naval sonar and seismic air guns. The sound produced by a seismic air gun can cause permanent hearing loss, tissue damage and even death in nearby animals.

Evidence for the lethal effects of noise can be hard to document in the open ocean, but seismic surveys have been linked to the mass mortality of squid and zooplankton. In 2017, research revealed that a single air gun caused the death rate of zooplankton to increase from 18% to 40–60% over a 1.2 kilometer stretch of the ocean off the coast of southern Tasmania.

Examination of the dead whales revealed they had suffered trauma similar to decompression sickness. This was believed to have been caused by sudden changes in their deep diving behavior following exposure to sonar. The wind companies are using sonar in the geotechnical and site characterization surveys. There is also the detonation of unexploded ordnance (UXO) items from ship wrecks at this time, accidental and intentional.

Noise increases animals’ physiological stress. Research found that a reduction in shipping following the 9/11 terrorist attacks led to a six decibel drop in noise levels in the Bay of Fundy on Canada’s Atlantic coast. This coincided with lower levels of physiological stress detected in North Atlantic right whales when researchers measured stress hormones from floating whale feces.

During construction of the turbines, high-duty cycle impact pile driving (one strike every ~two seconds) will be used. And the pile driving is expected to occur for approximately four hours at one time for monopile installation, and 6 hours per pile for piled jacket installation.

This takes us to the biggest threat to whales and the ocean ecosystem that they live in: climate change. Climate change is caused by greenhouse gas emissions. These are created by industrial development. So climate change is a symptom of industrial development. That is the extractive industries of mining, deforestation, agriculture, factory fishing and dams which provide — through production, manufacture, transport, installation and operation — the current conveniences of a modern way of human life. 

Industrial development destroys ecosystems. More industrial development, by the installation of thousands of offshore wind turbines, will not solve the problem of climate change. There’s one inescapable truth about the headlong rush to cover vast swaths of our countryside and oceans with 800-foot-high wind turbines: the more turbines that get built, the more wildlife will be harmed or killed. And no amount of greenwashing can change that fact. So it is distressing to see the numbers of whales washing up on our beaches. NOAA also says there is no proof that offshore wind is killing the whales. We must remember the onus isn’t on whales to prove guilt, it’s on industrial development to prove their innocence.

The production of the materials as well as the manufacturing processes for wind turbines and associated infrastructure of the extracted energy storage and transmission are made possible by burning fossil fuels. To obtain the raw material used in wind turbines, habitat is destroyed through open pit mining and mountaintop removal. The raw materials are then transported to processing plants to be turned into the component parts. It will take a tremendous amount of energy to mine the materials; transport and transform them through industrial processes like smelting; turn them into wind turbines, batteries, infrastructure and industrial machinery; install all of the above; and do this at a sufficient scale to replace our current fossil-fuel-based industrial system. In the early stages of the process, this energy will have to come mostly from fossil fuels, since they supply about 80 percent of current global energy. Their emissions will be added to the current use emissions. After manufacture, the turbine parts need to be transported to the project location. The construction and operation of offshore wind farms increase boat traffic, also leading to more greenhouse gas emissions and pollution. All of which adds to a non-existent carbon budget and thus increasing climate change. Not to mention the increased risk of marine mammal vessel strikes.

All of that energy use has a carbon payback period to plan, build, maintain and decommission the processes involved in an offshore wind turbine and its required infrastructure amounting to many years. This could be up to a quarter of its expected lifecycle. But this does not take into account the wildlife loss and habitat destruction from those processes. And then in 20 years the process must be done all over again. So this is not renewable. Also there are not enough metals on the planet to produce even the first generation of a total electric energy extracting transition, even if we mine the deep sea as we are starting to do. 

Currently only 20% of our energy is electric. The other 80% is fossil fuel, the bulk of which is used by industry. The industrial advantage of fossil fuel is that it is stored energy that is extracted rather than an energy extracting device that requires storage and transmission infrastructure.

The paradox of “renewables” is that they need unprecedented volumes of non-renewable mined materials. Increasing “renewables” means large upticks in battery metals such as copper, cobalt, lithium and nickel. Wind turbines need rare earth metals such as neodymium of which there are scarce amounts. But the work wouldn’t stop there.

Closed mines themselves are a huge source of devastation. If all mining stopped today there would still be an area at least the size of Austria with degrading and, in some cases, dangerous levels of heavy metals. Mining brings materials that have been locked up in concentrations underground and lets them out into the world. Mines usually operate at depths below the water table — they need to be constantly dewatered using pumps. When a mine is abandoned, the ground water gradually re-floods underground passages and mineral seams over many months, creating acidic reservoirs of water. Above ground there are tailings ponds and piles of low-grade ore with traces of heavy metals. All of this material is exposed to oxygen and water. Exposing such elements wreaks havoc on ecosystems, soils and water supplies through acid leaching. A mine that is abandoned can have chronic pollution for hundreds if not thousands of years.

Cleaning up a mine consists of reducing water acidity, detoxifying the soil and treating waste before reintroducing flora and fauna to the site. It’s a lengthy, expensive process and can cost billions for a single large mine. Avoiding an environmental catastrophe and cleaning all the world’s mines at once would cost hundreds of billions or even trillions of dollars. So mining the materials needed for renewable energy will increase the threats to biodiversity. These threats will surpass those avoided by “renewable” climate change mitigation.

The concept of material footprints, in addition to carbon footprints, should be taken into consideration by governments. If not, the planet’s scarce non-renewable resources will continue to be destroyed. These factors will more than offset BOEMs calculations for climate change in the DEIS.

During their operation wind turbines create a disturbance in the air that can have far-reaching effects on the environment. The turbulence created is known to warm up the surface temperature around them by up to 2℉. This will change the climate by taking away the cooling breeze. Wind turbines will change weather patterns and currents which will create more and stronger storms.

Michael Moore, a senior scientist at the Woods Hole Oceanographic Institution, said whales face “a suite of risks” as turbines are built, such as increased vessel traffic and potential changes to the ecology. But that ecological change, he said, “needs significant further study to truly understand its significance.”

As Sunrise Wind admits, their planned construction and operations activities are not expected to “take” MORE than small numbers of marine mammals. They say incidental long-term impacts that have negative effects on large whales from the presence of turbine foundations is uncertain. For the right whale, according to NOAA Fisheries, “The potential biological removal level for the species, defined as the maximum number of animals that can be removed annually while allowing the stock to reach or maintain its optimal sustainable population level, is less than 1.” This means the death of a single right whale could make the difference between extinction and recovery.

There is no question wind turbines kill wildlife. Humans and domestic animals account for 96% mammal biomass on the planet. Only 4% is wild. Our activity has reduced the biomass of wild marine and terrestrial mammals by six times. Humanity has wiped out 60% of mammals, birds, fish and reptiles since 1970, leading the world’s foremost experts to warn that the annihilation of wildlife is now an emergency that threatens all life on the planet.

Prof Bob Watson, one of the world’s most eminent environmental scientists and currently chair of an intergovernmental panel on biodiversity that said that the “destruction of nature is as dangerous as climate change.”

Jennifer Jacquet, a professor of environmental studies at New York University, said, “But we know that even in the face of a shifting climate, direct exploitation remains the largest factor affecting aquatic animals.”

BOEM is basing its conclusions in the DEIS on a false analysis that offshore wind turbines will reduce climate change. They will not. It makes no sense to increase disturbance to whales when they are suffering through an unusual mortality event. Whales as a keystone species are the canary in the coal mine. As they go, so do we. That in the effort to save the climate and continuance of business as usual, we are destroying the environment. If this offshore wind project continues, it will be humans who experience an unusual mortality event.

Momentum Grows To Save The North Atlantic Right Whale

Public comment on the Sunrise Wind Project ends February 14th:   https://www.regulations.gov/commenton/BOEM-2022-0071-0001

Public comment on the New England Wind Project ends February 21st: https://www.regulations.gov/commenton/BOEM-2022-0070-0001


Carl van Warmerdam has lived his life on the West Coast of Turtle Island. He has always aligned with the counter culture ideals there. Now he currently lives on the coast of New England, the ancestral home of the North Atlantic Right Whale. If you would like to help Save the Whales email Lafongcarl@protonmail.com. We stopped offshore wind before, we can do it again.

Featured Image “Blue whale stranding” by Nozères, Claude is licensed under CC BY-NC-SA 4.0.

Forever Chemicals in Every River in the US

Forever Chemicals in Every River in the US

Editor’s Note: Plastic is not found in nature, so no microorganisms evolved to break it down completely. Microplastics are often too small to pick up or even notice, but they are everywhere: in the air, dust, and rain. They have been found in placentas and breast milk, and they appear especially abundant in baby poop— 10 times more than in adult feces. Plastic is a toxin and pollutant that is a byproduct of the production of fossil fuel manufacturing. People never asked for plastics, they were forced on us by industry. Eighty years ago there was no plastic in the stores. Today you would be hard pressed to find a product that is not covered in plastic. Deemed the “greatest thing since sliced bread,” plastic has brought convenience at a terrible cost. We have saturated the planet with a material that does not biologically break down, forever plastics. An EWG study shows the astounding level of per- and polyfluoroalkyl substances (PFAS) in freshwater fish.


By The Environmental Working Group (EWG)

PFAS found at high levels in freshwater fish, with most concern for vulnerable communities

WASHINGTON – A new study by Environmental Working Group scientists finds that consumption of just a single serving of freshwater fish per year could be equal to a month of drinking water laced with the “forever chemical” Perfluorooctanesulfonic acid (PFOS) at high levels that may be harmful.

Researchers calculated that eating one fish in a year equated to ingesting water with PFOS at 48 parts per trillion, or ppt, for one month.

The study bolsters EWG’s long-running calls for strict regulation of PFOS and the other toxic “forever chemicals” known as PFAS, in addition to more tests of food such as fish, since diet is thought to be a major source of PFAS exposure for Americans. The findings are a particular issue for communities with environmental justice concerns, whose survival often depends on eating freshwater fish they’ve caught.

EWG found the median amounts of PFAS in freshwater fish were an astounding 280 times greater than forever chemicals detected in some commercially caught and sold fish. The testing data, from the Environmental Protection Agency and Food and Drug Administration, showed that consuming a single meal of freshwater fish could lead to similar PFAS exposure as ingesting store-bought fish every day for a year.

“People who consume freshwater fish, especially those who catch and eat fish regularly, are at risk of alarming levels of PFAS in their bodies,” said David Andrews, Ph.D., EWG senior scientist and one of the study’s lead authors. “Growing up, I went fishing every week and ate those fish. But now when I see fish, all I think about is PFAS contamination.”

The forever chemical found at greatest concentrations in freshwater fish was PFOS, formerly an ingredient in 3M’s Scotchgard, averaging roughly three in four of total PFAS detections.

“These test results are breathtaking,” said Scott Faber, EWG’s senior vice president for government affairs. “Eating one bass is equivalent to drinking PFOS-tainted water for a month.”

Consumption of PFOS-contaminated freshwater fish can cause significant increases in people’s blood serum levels of the forever chemical, creating potential health risks. Even infrequent consumption of freshwater fish can raise PFOS levels in the body.

“The extent that PFAS has contaminated fish is staggering,” said Nadia Barbo, a graduate student at Duke University and lead researcher on this project. “There should be a single health protective fish consumption advisory for freshwater fish across the country.”

The researchers analyzed data from more than 500 samples of fish fillets collected in the U.S. from 2013 to 2015 under monitoring programs by the EPA, the National Rivers and Streams Assessment and the Great Lakes Human Health Fish Fillet Tissue Study. The median level of total PFAS in fish fillets was 9,500 nanograms per kilogram, with a median level of 11,800 nanograms per kilogram in the Great Lakes.

“PFAS contaminate fish across the U.S., with higher levels in the Great Lakes and fish caught in urban areas,” said Tasha Stoiber, Ph.D., an EWG senior scientist and another co-author. “PFAS do not disappear when products are thrown or flushed away. Our research shows that the most common disposal methods may end up leading to further environmental pollution.”

Freshwater fish are an important source of protein for many people, and PFAS contamination threatens those who cannot afford to purchase commercial seafood. Communities that depend on fishing for sustenance and for traditional cultural practices are inordinately harmed. This makes exposure to chemical pollutants in freshwater fish a textbook case of environmental injustice.

“Identifying sources of PFAS exposure is an urgent public health priority,” said Stoiber.

“Forever chemicals” in freshwater fish

Drinking water systems across the U.S. are contaminated with “forever chemicals” known as PFAS. The presence of these toxic chemicals in water is known to harm humans who are exposed to them.

Interactive map: ‘Forever chemicals’ in freshwater fish

Drinking water systems across the U.S. are contaminated with the “forever chemicals” known as PFAS. The presence of these toxic chemicals in water is known to harm humans who are exposed to them. This map shows how PFAS also contaminate fish in rivers, lakes and streams.

Industrial pollution

The widespread contamination of fish in rivers and streams across the country further emphasizes the need to end industrial discharges of PFAS.

EWG estimates there may be more than 40,000 industrial polluters of PFAS in the U.S. Tens of thousands of manufacturing facilities, municipal landfills and wastewater treatment plants, airports, and sites where PFAS-containing firefighting foams have been used are potential sources of PFAS discharges into surface water.

This contamination of water has spread PFAS to soil, crops and wildlife, including fish.

“For decades, polluters have dumped as much PFAS as they wanted into our rivers, streams, lakes and bays with impunity. We must turn off the tap of PFAS pollution from industrial discharges, which affect more and more Americans every day,” said EWG’s Faber.

Testing fish for PFAS

The EPA and the FDA test differently to detect PFAS in fish. The EPA uses what’s known as draft Method 1633 to test for up to 40 PFAS compounds in fish tissue, as well as in wastewater, surface water, groundwater, soil, biosolids, sediment and the liquid that forms when waste breaks down in landfills.

National EPA tests show nearly all fish in U.S. rivers and streams are contaminated with PFAS in the parts-per-billion range – even greater than parts per trillion. Although the most recent test results found decreasing PFAS levels, freshwater fish are still contaminated at high levels.

The FDA improved its scientific method to test for 20 different PFAS compounds. Its approach is used to test seafood samples, as well as processed foods. In its 2022 survey of seafood, the FDA found much lower levels of PFAS in seafood from grocery stores. The median levels of total PFAS detected by the EPA were 280 times higher than levels in commercially sold fish tested by the FDA.

Health risks

PFAS are among the most persistent compounds in existence, contaminating everything from drinking water to food, food packaging and personal care products. PFAS build up in our bodies and never break down in the environment. They are found in the blood of virtually everyone, including newborn babies.

Very low doses of PFAS in drinking water have been linked to suppression of the immune system, including reduced vaccine efficacy, and an increased risk of certain cancers. PFAS are linked with increased cholesterol, reproductive and developmental problems and other health harms.

More than 200 million Americans could be drinking water contaminated with PFAS. The problem is likely worse than has already been confirmed, further underscoring the need for swift regulatory action.

“The EPA needs to move swiftly to set regulations for the industries most likely to be dumping PFAS into the environment. Downstream communities especially have suffered the consequences of unregulated PFAS discharges for far too long,” added Faber.

The Environmental Working Group is a nonprofit, non-partisan organization that empowers people to live healthier lives in a healthier environment. Through research, advocacy and unique education tools, EWG drives consumer choice and civic action.

 


Featured image: “Wonder Bread, 1961 – Advertising Postcard” by Shook Photos is licensed under CC BY 2.0.

Dumping Nuclear Waste in the Pacific

Dumping Nuclear Waste in the Pacific

Editor’s note: The 2011 nuclear disaster in Fukushima, triggered by an earthquake and a tsunami, was one of the worst nuclear accidents of the twenty-first century to date. Nevertheless, worse ones might come in the future. In the quest for energy to fuel the machine, industrial civilization has built many vulnerable hazardous structures that can unleash highly toxic materials in the case of an “accidents.” Despite eleven years since the incident, TEPCO and the Japanese government haven’t been able to manage the waste water. Now, they are planning to dump it into the Pacific Ocean. Not only is the Pacific Ocean home to numerous marine creatures, it is also a source of livelihood for the humans who live near: the humans that the Japanese government claims to care for as their citizens. This decision by the Japanese government demonstrates, yet again, that decisions in this civilization are not made based on public welfare.

More nuclear power means more weapons, more mining on indigenous lands,  more CO2 emissions, more radioactive waste and more accidents.


“We must remind Japan that if the radioactive nuclear wastewater is safe, just dump it in Tokyo, test it in Paris and store it in Washington, but keep our Pacific nuclear-free.” (Vanuatu’s celebrated former ‘Turaga Chief’ Motarilavoa Hilda Lini)

In the face of considerable worldwide criticism, TEPCO is moving ahead with its well-advertised plans to dump contaminated water from storage tanks at the Fukushima-Daiichi Nuclear Power Plant disaster zone into the Pacific Ocean. They are running out of storage space and the Pacific Ocean is conveniently right next door.

The Japanese government is courting trouble, as a contracting party to: (1) the United Nations Convention on the Law of the Sea (2) the Convention on Early Notification of a Nuclear Accident, and (3) the Convention on Nuclear Safety, Japan has knowingly violated all three conventions by making the decision to dump contaminated water into the Pacific Ocean.

TEPCO’s toxic dumping scheme is opposed by some scientists as well as some of the world’s most highly regarded marine laboratories, e.g., the U.S. National Association of Marine Laboratories, with over 100 member laboratories, has issued a position paper strongly opposing the toxic dumping because of a lack of adequate and accurate scientific data in support of Japan’s assertions of safety.

The position paper: “We urge the government of Japan to stop pursing their planned and precedent-setting release of the radioactively contaminated water into the Pacific Ocean and to work with the broader scientific community to pursue other approaches that protect ocean life; human health; and those communities who depend on ecologically, economically, and culturally valuable marine resources.”

Furthermore, Marine Laboratories agrees with the Pacific Island Forum’s suggestion that TEPCO look at options other than discharge. The toxic dumping plan has already put Japan at risk of losing its status as a Pacific Islands Forum Dialogue Partner. There are 21 partners, including the US, China, the UK, France, and the EU. According to Secretary General Henry Puna, the Forum has persistently requested Japan to share pivotal data, which has not been forthcoming: “In fact, we are very serious, and we will take all options to get Japan to at least cooperate with us by releasing the information that our technical experts are asking of them.”

Japan’s Nuclear Regulation Authority has endorsed the dumping plan. No surprise there. Also unsurprisingly, the International Atomic Energy Agency (IAEA), the marketing arm for nuclear power, claims the dumping proposal is safe. Effective December 29, 2022, IAEA released an extensive report that details how the process will be monitored by independent entities, not to worry, uh-uh.

TEPCO generates 100 cubic metres of contaminated water per day, a mixture of groundwater, seawater, and water that cools the reactors. It is filtered for “the most radioactive isotopes” and stored in above-ground water tanks, but authorities admit that the level of tritium is above standards. It is almost impossible to remove tritium from water. TEPCO claims it is “only harmful to humans in large doses.” But who’s measuring?

According to TEPCO: “After treatment the levels of most radioactive particles meet the national standard.” However, the statement that most radioactive particles meet the national standard is not reassuring. And furthermore, why should anybody anywhere in the world be permitted to discharge large quantities of contaminated water that’s been filtered for ‘most radioactive particles’ directly from a broken-down nuclear power plant into the ocean under any circumstances?

But storage space is running out and the ocean is readily available as a very convenient garbage dump. Well, yes, but maybe find more storage space… on land… in Japan!

According to a Japanese anti-nuclear campaign group, the contaminated water dumping scheme violates the Convention on the Prevention of Marine Pollution as well as the UN Convention on the Law of the Seas. Their opposition is endorsed by the National Fisheries Cooperative Federation of Japan. In September 2022, 42,000 people signed a joint petition delivered to TEPCO and Japan’s Ministry of Economy demanding other solutions to the toxic water dumping plans. According to national broadcasting firm NHK, 51% of Japanese respondents oppose the dumping plan. And a survey by Asahi Shimbun claims 55% of the public opposes the dumping.

A Greenpeace East Asia press release d/d April 28, 2021, says; “According to the latest report by the Japanese government, there are 62 radioactive isotopes found in the existing nuclear water tanks in Fukushima, among which concentration of a radionuclide called tritium reached about 860 TBq (terabecquerel) – an alarming level that far exceeds the acceptable norm.”

China’s Xinhua News Agency claims: “TEPCO believes that tritium normally remains in the wastewater at ordinary nuclear power stations, therefore it is safe to discharge tritium-contaminated water. Experts say TEPCO is trying to confuse the concept of the wastewater that meets international standards during normal operation of nuclear power plants with that of the complex nuclear-contaminated water produced after the core meltdowns at the wrecked Fukushima power plant. The actual results of ALPS (Advanced Liquid Processing System) are not as ideal as TEPCO claims. Japanese media have found that in addition to tritium, there are a variety of radioactive substances in the Fukushima nuclear wastewater that exceed the standard. TEPCO has also admitted that about 70 percent of the water treated by ALPS contains radionuclides other than tritium at the concentration which exceeds legally required standards and requires filtration again.”

According to Hiroyuki Uchida, mayor of Iwaki, Fukushima Prefecture, despite strengthened information about the toxic dumping by TEPCO and the government of Japan, the discharge plan has not gained “full understanding of citizens and fishery stakeholders.”

Rhea Moss-Christian, executive director of the Western and Central Pacific Fisheries Commission, aka: the Pacific Tuna Commission said: “It’s a real concern and I just wish they would take a bit of time to think more carefully about this… this is a massive release and a big, big potential disaster if it’s not handled properly… There are a number of outstanding questions that have yet to be fully answered. They have focused a lot on one radionuclide and not very much on others that are also present in the wastewater.”

Greenpeace/Japan on TEPCO dumping: “The Japanese government has once again failed the people of Fukushima. The government has taken the wholly unjustified decision to deliberately contaminate the Pacific Ocean with radioactive wastes. It has discounted the radiation risks and turned its back on the clear evidence that sufficient storage capacity is available on the nuclear site as well as in surrounding districts.[2] Rather than using the best available technology to minimize radiation hazards by storing and processing the water over the long term, they have opted for the cheapest option [3], dumping the water into the Pacific Ocean… Since 2012, Greenpeace has proactively campaigned against plans to discharge Fukushima contaminated water – submitting technical analysis to UN agencies, holding seminars with local residents of Fukushima with other NGOs, and petitioning against the discharges and submitted to relevant Japanese government bodies.” (Source: Greenpeace Press Release, April 13, 2021)

Addressing the U.N. General Assembly on September 22nd, 2022, President David Panuelo of Micronesia stated: “We cannot close our eyes to the unimaginable threats of nuclear contamination, marine pollution, and eventual destruction of the Blue Pacific Continent. The impacts of this decision are both transboundary and intergenerational in nature.”

In April 2021 Japan’s Deputy Prime Minister (serving from 2012-to-2021) Tarō Asō publicly stated that the treated and diluted water “will be safe to drink.” In response to Deputy PM Asō, Chinese Foreign Minister Lijian Zhao replied: “The ocean is not Japan’s trashcan” and furthermore, since Japan claims it’s safe to drink, “then drink it!” (Source: China to Japan: If Treated Radioactive Water from Fukushima is Safe, ‘Please Drink It’ Washington Post, April 15, 2021)

Mr. Zhao may have stumbled upon the best solution to international concerns about TEPCO (Tokyo Electric Power Company) dumping contaminated water into the Pacific Ocean. Instead, TEPCO should remove it from the storage tanks at Fukushima Daiichi Nuclear Power Station and deliver it to Japan’s water reservoirs. After all, they publicly claimed it’s “safe to drink.” Japan has approximately 100,000 dams of which roughly 3,000 are reservoirs over 15 meters (50’) height. For example, one of the largest drinking water reservoirs in Japan is Ogouchi Reservoir, which holds 189 million tons of drinking water for Tokyo.

Robert Hunziker lives in Los Angeles and can be reached at rlhunziker@gmail.com.