by DGR News Service | Dec 20, 2019 | Agriculture, Biodiversity & Habitat Destruction, Human Supremacy, Toxification
by Sean Butler and Will Falk / Featured image: an aerial photograph showing harmful algae blooms in Lake Erie in August of 2017. These are believed to be caused by the effluent runoff from factory farms in the watershed. Public domain photo by NOAA.
Rights of nature advocates often repeat the words, “The structure of the legal system makes meaningful environmental protection illegal.” It’s a bold claim, but for most people it’s too vague to mean anything. Most folks (understandably) don’t know the difference between a federal district court and a circuit court of appeals, let alone what we mean by the “structure” of the legal system.
But it’s actually quite simple. We’re referring to two aspects of the American legal system: (1) laws and regulations at the federal, state, and local (city and county) levels and the relative hierarchy among them; and (2) the holdings of various state and federal courts throughout the history of our country, which establish “precedent” for what those laws and regulations actually mean.
Perhaps nowhere in recent memory has the “structure of the legal system” been laid bare more clearly than in the aftermath of the passage of the Lake Erie Bill of Rights by the citizens of Toledo, OH in February 2019. The Lake Erie Bill of Rights (LEBOR) grants Lake Erie the rights to exist, flourish, and naturally evolve; grants the residents of Toledo a right to a healthy environment; and “elevates the rights of the community and its natural environment over powers claimed by certain corporations.”
Although remarkable on its face, LEBOR is only one of dozens of similar local laws that have been passed in recent years in cities and counties across the United States. What is truly remarkable is the response LEBOR has received from existing institutions.
Mere hours after the City of Toledo certified LEBOR’s election results, entrenched interests opposed to environmental protection leveraged the existing structure of American law to mount an urgent opposition to LEBOR. Drewes Farms Partnership (“Drewes Farms”), represented by a corporate law firm, sued the City seeking an injunction against enforcing the law on the basis that LEBOR violates Drewes Farms’ “civil rights.” The State of Ohio was allowed to intervene in the case to argue for LEBOR’s invalidation while the grassroots community group, Toledoans for Safe Water – who drafted LEBOR and ushered it through Ohio’s citizen initiative process — was barred from the case by the federal judge. Then, the Ohio State legislature (at the request of the Ohio Chamber of Commerce) included in its 2019 budget a provision explicitly making it illegal for local governments to make or enforce laws ascribing legal rights to nature.
In short, the existing legal system and those who profit from it brought the full weight of the legal system against LEBOR. To really understand what is meant when we say that the structure of the legal system makes meaningful environmental protection illegal we need to dig into the specifics of this onslaught.
LEBOR’s opponents make primarily two legal arguments against it. First, they claim that LEBOR should be invalidated because it infringes on corporate constitutional rights. Second, they argue that LEBOR is preempted by state and federal law that reserves the right of the state of Ohio and the federal government to legislate on environmental matters.
Drewes Farms makes the corporate constitutional rights argument very clearly in the complaint it filed in federal court, claiming that:
“LEBOR causes real and concrete harms on Drewes Farms by violating the United States Constitution including but not limited to:
- Depriving Drewes Farms of its fundamental right to freedom of speech and to petition the courts under the First Amendment;
- Violating Drewes Farms’ right to equal protection by targeting it for liability based solely on the fact that it operates as a partnership business entity;
- Violating the Fifth Amendment protection against vague laws by exposing Drewes Farms to strict criminal liability and massive damages and fines under a standardless Charter Amendment; and
- Depriving Drewes Farms of its rights without due process.”
This 2010 map shows the location of major factory farming operations in Ohio and corresponding water quality readings. Ohio has among the highest density of CAFOs (Concentrated Animal Feeding Operations) of any U.S. state. Map by Kim Michalson.
Just so we’re clear, Drewes Farms, a non-human legal entity, lays claim to rights under the First, Fifth, and Fourteenth Amendments to the US Constitution AND claims that those rights are violated by a law that recognizes nature’s right to exist, flourish, and naturally evolve.
Meanwhile, the State of Ohio, in its Complaint for Declaratory Judgment and Injunctive Relief plainly states that “[t]he Ohio Constitution art. XVIII § 3 does not allow a municipality to enact an ordinance that prohibits regulated activity authorized under state permits issued pursuant to state laws of general applicability.” To support its claim, the State cited a recent Ohio case in which the judge ruled “[s]tate laws with state-wide application preempt local ordinances that discriminate, unfairly impede, or obstruct general laws regulating oil and gas activities.” In other words, the Ohio state constitution itself specifically prohibits any local government to enact laws that prohibit activities that are permitted by state laws.
The fundamental issue with both of these arguments is…they are absolutely, totally, and completely right. Under current American jurisprudence, Drewes Farms does have civil rights under the First, Fifth, and Fourteenth Amendments (among others), and LEBOR does violate principles of preemption.
And that is precisely the problem.
Because American law has long recognized corporate civil rights and has long used preemption to invalidate local laws that provide for stricter regulations than federal or state governments, the State of Ohio and Drewes Farms would have us believe that this should be the end of the discussion. But, ending the discussion here leaves several problematic assumptions unchallenged. Arguing that LEBOR should be invalidated because it infringes on corporate rights only makes sense if corporations should enjoy those rights under our system of law. And arguing that LEBOR should never be enforced because it violates established principles of preemption only makes sense if preemption is beneficial to American citizens.
So, we must dig deeper. We must ask: Why do corporations exist? What are corporate rights? Why does the American legal system afford corporations rights in the first place? We must also ask: Why does preemption exist? Why does the American legal system protect the state and federal governments’ power to preempt laws passed by local communities? And, is there a connection between growing corporate power and preemption?
While there is a debate about what corporations should exist to do, the fact remains that corporations exist to amass wealth, or to borrow one of corporate apologists’ favorite phrases, to “maximize shareholder value.” We can see this argument clearly in the hugely influential essay published in 1970 by the Nobel Prize-winning economist Milton Friedman in The New York Times Magazine aptly-titled “The Social Responsibility of Business is to Increase its Profits.” Environmental author and philosopher Derrick Jensen, in The Culture of Make Believe, is more direct:
“To expect corporations to function differently than they do is to engage in magical thinking. We may as well expect a clock to cook, a car to give birth, or a gun to plant flowers. The specific and explicit function of for-profit corporations is to amass wealth. The function is not to guarantee that children are raised in environments free of toxic chemicals, nor to respect the autonomy or existence of indigenous peoples, nor to protect the vocational or personal integrity of workers, nor to design safe modes of transportation, nor to support life on this planet. Nor is the function to serve communities. It never has been and never will be.”
Wealth is power. This is especially true in the legal system. Many people envision law as an all-powerful list of rules that dictates what someone can or cannot do. Similarly, many people think of rights as a list of privileges that specify what a person is entitled to do or entitled to be free from. As such, many people imagine that they can simply invoke these rights to be safe. But, it is a mistake to think that rules written somewhere in a book of statutes or rights listed in the Constitution have the power to jump off the paper where they are written and enforce themselves.
The key to understanding law and rights lies in understanding how they are enforced. Judges enforce law and rights by making decisions in court. And those decisions in court, in turn, are enforced by the police who are entitled to use physical force to ensure a judge’s decision is adhered to. When most people think about how this works, they envision examples such as President Eisenhower’s use of the National Guard to desegregate schools to uphold African Americans’ Fourteenth Amendment rights. But, a more apt and contemporary example is reflected in how the police were used at Standing Rock. Dogs, water cannons, and military-style weapons were turned against nonviolent protesters once the owner of the pipeline project, a corporation, won a favorable court ruling. These corporate rights-holders harnessed the state’s police power through the courts.
A typical “animal waste lagoon.” These containment ponds continuously leach into groundwater, and often overflow. Public domain photo by NRCS.
Rights, then, are power, too. When shareholders form a corporation, the corporation gains the privilege of “corporate personhood.” Because American courts treat corporations as “persons,” corporations have long exercised rights, including those afforded the highest level of protection under the Bill of Rights’ Contracts Clause, Due Process Clause, Fourteenth Amendment Equal Protection Clause, First Amendment, Fourth Amendment, Fifth Amendment Takings and Double Jeopardy Clauses, Sixth Amendment, and Seventh Amendment.
These rights have, for the most part, been judicially created and have consistently expanded throughout American history. The word “corporation” is found nowhere in the Constitution. Despite this, in 1819, in Dartmouth College v. Woodward, the U.S. Supreme Court ruled that the Contract Clause of the Constitution granted private business corporations protection from governmental interference in internal governance. In 1886, in Santa Clara County v. Southern Pacific Railroad Company, the Supreme Court ruled that a corporation is a person under the law and is therefore entitled to equal protection under the Fourteenth Amendment. In 1922, the Supreme Court ruled in Pennsylvania Coal Company v. Mahon, that coal corporations were entitled to protection under the Fifth Amendment “Takings Clause” and that the government must compensate corporations for property value lost due to mining regulations. In 2010, the Supreme Court ruled that federal laws which limited corporate spending in elections violated corporate First Amendment “free speech” rights in Citizens United v. Federal Elections Committee. Then, in 2014, the Supreme Court, in Burwell v. Hobby Lobby Stores, allowed corporations to deny its employees health coverage of contraception to which the employees would otherwise be entitled because corporations are entitled to First Amendment freedom of religion protection.
This might not seem problematic on its face, but recall that rights only have practical effect to the extent that rights holders can access the courts in order to ask a judge to enforce those rights. Corporations, that exist to, and have grown quite adept at, amassing wealth, have greater means to put behind the legal enforcement of rights. This naturally means more cases won by corporate plaintiffs, more caselaw upholding corporate rights, and therefore, by extension, more caselaw expanding the sphere of corporate civil rights. And the sheer number of cases bear out this reality. As an example, consider this: between 1868, when the Fourteenth Amendment was ratified, and 1912, the Supreme Court ruled on only 28 cases involving the rights of African Americans and an astonishing 312 cases on the rights of corporations, it is easy to conclude that the Fourteenth Amendment has done a better job protecting the rights of corporations than that of African Americans.
At the same time, the expansion of rights in one sphere necessarily produces the curtailing of rights in another. Deep ecologist John Livingston describes the problem:
Effluent discharge pipe. Public domain image from USDA.
“We sometimes forget that every time a court or legislature – or even custom – confers or confirms a right in someone, someone else’s right is nibbled at: the right of women to equal employment opportunity is an infringement of the freedom of the misogynist employer; the right to make a profit is at someone else’s cost; the right to run a motorcycle or a snowmobile reduces someone else’s right to peace and quiet in his own backyard; the rights of embryos impinge upon the rights of the women who carry them. And so on.”
In other words, the expansion of corporate rights shrinks the rights enjoyed by citizens and communities. Because American law extends to corporations many of the same constitutional rights humans enjoy and because corporations exist to accumulate wealth, we should not be surprised when corporations use their power to do exactly that at the expense of the rights of human beings and nature.
The other major legal argument made against LEBOR is that it is preempted by state and federal law. Preemption is a doctrine that says the law of a higher jurisdiction should displace the law of a lower jurisdiction when the two jurisdictions conflict. The American legal system is divided basically into three jurisdictions: federal, state, and local law (local law is a general term for the law of the smallest legislating entities American law allows, entities such as municipalities, cities, or villages). When federal and state law conflict, American courts interpret the Supremacy Clause of the United States Constitution (Article VI, Section 2) to mean that federal law should displace state law. Similarly, state law usually trumps local law when the two conflict.
Corporations, using their superior wealth and their constitutional rights, have found tremendous success in influencing federal and state legislatures, especially pro-business, conservative legislatures and persuading them to enact aggressive new preemption laws. When local governments pass laws with stricter restrictions than the federal or state legislatures, corporations lobby legislatures to employ preemption to attack these local laws. This typically happens in one of two ways. First, government lawyers, primarily attorneys general, assert the doctrine of preemption in court. The State of Ohio’s arguments against LEBOR are a perfect example. Second, legislatures pass legislation known as “blanket” preemption to expressly forbid local ordinances that contradict state law. And, in fact, the Ohio House of Representatives recently employed blanket preemption when it adopted its 2020-2021 budget with provisions that prohibit anyone, including local governments, from enforcing rights of nature laws.
That’s what preemption is. The more important question is: Why does American law protect the federal and state governments’ power to preempt laws passed by local communities? The answer, quite simply, is corporate power.
The modern preemption doctrine was born from an 1868 decision written by Iowa Supreme Court Chief Justice John Dillon in The City of Clinton v. The Cedar Rapids and Missouri River Railroad Company. The case involved an attempt by the people of Clinton, Iowa to prevent railroad corporations from building railroads through their town. An ordinance was passed by the Clinton city council which prohibited any “railroad company from constructing its track through or upon any street within the limits of the city, and from occupying the same for right of way or other railroad purposes.”
In the decision, Dillon struck down Clinton’s ordinance and described his philosophy of the limited powers of municipal corporations and other local governing entities. This philosophy is now known as “Dillon’s Rule.” He wrote:
Municipal corporations owe their origin to, and derive their powers and rights wholly from, the legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so it may destroy. If it may destroy, it may abridge and control. Unless there is some constitutional limitation on the right, the legislature might, by a single act, if we can suppose it capable of so great a folly and so great a wrong, sweep from existence all of the municipal corporations in the State, and the corporation could not prevent it. We know of no limitation on this right so far as the corporations themselves are concerned. They are, so to phrase it, the mere tenants at will of the legislature. 24 Iowa 455, 475.
A pig at a factory farming operation. These industrial farms are the largest source of nutrient pollution in Lake Erie. https://creativecommons.org/licenses/by/2.0/ Via Mercy for Animals.
And, Dillon’s Rule was later adopted by the United States Supreme Court in 1907 in Hunter v. Pittsburgh.
As you can see, from the outset, preemption has been, quite literally, about corporations “railroading” local communities who do oppose destructive corporate projects. Today, preemption has grown into a powerful tool wielded by, especially, conservative, pro-business state legislatures. Judge Jon D. Russell and Aaron Bostrom, in a white paper titled “Federalism, Dillon Rule and Home Rule” recently written for the American City County Exchange (an organization that “helps to advance limited government and free market principles in local government through model policies, conferences, and online collaboration”), provide a solid example of the rationale employed by state legislators to defend preempting local laws.
Russell and Bostrom write:
The Dillon Rule guarantees a certain level of uniformity throughout the state…Rather than having vastly different policies and codes in each local jurisdiction, the state can create uniform tax codes and licensing policies, making it a business-friendly environment. Without commonality between local governments on these issues, businesses find more red tape than opportunity, making it difficult for the state and businesses to prosper.
Dr. Lori Riverstone-Newell, an expert in the interaction of governments in the American system, describes how in the past few years, “a growing number of state officials have sponsored and supported preemption legislation with the intent to weaken local authority and to thwart local progressive policies.” In simpler terms, conservative state legislators are learning how to use preemption to prevent progressive communities from enacting progressive laws.
We can see why some commentators argue we live in a corporate state. If the fundamental element of a democracy is the right of the people to enact and enforce the laws to which they are subject, then preemption is fundamentally an anti-democratic concept, especially as the doctrine has been influenced and wielded by entrenched economic interests and the state and federal legislators who support (and who are, of course, supported by) those interests.
Indeed legislators are not working alone; they are implementing policies pushed by corporate lobbyists. Dr. Riverstone-Newell explains, “Recent preemption efforts can be understood, at one level, as part of longstanding campaigns waged by industry groups hoping to stop or limit progressive local policies in order to create a friendlier business environment for themselves.” She describes how industry groups and trade associations first began pressuring state legislatures to rein in their cities in the late 1980s. R.J. Reynolds, the tobacco corporation, “pressed states to enact preemption laws in the 1980s as a central strategy to overcome local smoking restrictions and bans.” Abby Rapoport, a journalist writing for The American Prospect, reports how the National Rifle Association launched a campaign in the 1990s for state preemption of local gun regulations. This campaign was so successful “43 states now have some form of maximum preemption preventing localities from passing additional gun regulations on top of state law.”
It may very well be that “a certain level of uniformity” of laws in different jurisdictions enables business to “prosper,” but having reached the point in our nation’s history where we are confronting ecological collapse, we have to ask ourselves, whether blanket uniformity and unchecked economic growth and prosperity are the only values that matter to us. Or, instead, might it be that local environmental protection laws are key to protecting local ecology? Might it be that the unique ecosystems in one ‘jurisdiction’ require unique laws and regulations in order for them to thrive? Why should we expect that laws protecting swamplands in Florida be the same as those protecting the Nevada desert? If we are to see our way through the current environmental crisis, we can’t simply accept the doctrine of preemption on its face; we must consider the value of it, and its history and development, in order to determine whether or not it is compatible with the future we want for our grandchildren and the planet.
The failure to recognize how American law makes sustainability illegal is a primary reason environmentalists have failed to keep the health of the North American continent from deteriorating over the last century. Because we fail to recognize this, we keep seeking to protect the natural world through legal and political processes that do not – cannot – work. The late corporate anthropologist Jane Anne Morris described our predicament clairvoyantly:
Lake Erie (left) is the 11th largest lake in the world. Public domain NASA photo.
“Our campaigns follow the gambling addiction model. The last bet didn’t pay off but the next one might if…if…if we just had a new, improved tripod, three more experts, more labor or church support, ten more elected officials on our side, a hundred more people at the demo, or a thousand more letters in the mail…Who are we kidding? We are just doing the ‘same old thing’ over and over again and fooling ourselves that it might work next time. We are stuck in a feedback loop where our failures are interpreted as signs that we should repeat our failed tactics, but try harder. This is what it is to be colonized.”
Lawyers, and their clients, are especially vulnerable to falling victim to Morris’ gambling addiction model. The adversarial, competitive nature of law where two or more sides jockey for the approval of a judge makes it easy for losing parties to conclude that if they just hired a more expensive law firm, or if they just argued an issue differently, or if they just cited this case instead of that case then they would have won. The problem, however, is not that we need to try harder; the problem is that the structure of American law prevents our ability to implement strong enough measures to truly protect the natural world.
The people of the City of Toledo, recognizing that corporate rights and preemption must be confronted and overturned to protect Lake Erie and all those who depend on her, voted to enact the Lake Erie Bill of Rights. The arguments made by the State of Ohio and Drewes Farms Partnership are currently the law en vogue. This is one of the major reasons American law makes sustainability illegal. This must change if the natural world, and all of us who depend on her, are going to survive the current ecological predicament. To achieve a sane, sustainable culture, corporate rights and preemption must go.
by DGR News Service | Dec 18, 2019 | Agriculture, Biodiversity & Habitat Destruction, Climate Change, Mining & Drilling, The Problem: Civilization, Toxification
A series of headlines from around the world, compiled by Max Wilbert and Mark Behrend. Featured image by Max Wilbert.
2019 Was the 2nd Hottest Year on Record
Global average temperature reached the 2nd highest annual level ever recorded, according to preliminary data for 2019. While the data is not yet finalized, it’s almost certain 2019 will go down as the 2nd hottest ever. The hottest five years on record have been the last five years, and we are in the final days of the hottest decade in the record.
https://twitter.com/ClimateOfGavin/status/1206608106819661826
70,000 Children Have Been Detained at the U.S. Border in 2019
As climate crisis and ecological collapse drives ever more migration, abuse at the southern border of the U.S. is escalating. One recent report finds that nearly 70,000 children have been detained in 2019:
The story lays out in excrutiating detail the emotional pain of victims of President Donald Trump’s child separation policy, focusing on, among others, a Honduran father whose three-year-old daughter can no longer look at him or connect with him after being separated at the U.S. border and abused in foster care.
“I think about this trauma staying with her too, because the trauma has remained with me and still hasn’t faded,” the father told AP.
The 3-year-old Honduran girl was taken from her father when immigration officials caught them near the border in Texas in March 2019 and sent her to government-funded foster care. The father had no idea where his daughter was for three panicked weeks. It was another month before a caregiver put her on the phone but the girl, who turned four in government custody, refused to speak, screaming in anger.
“She said that I had left her alone and she was crying,” said her father during an interview with the AP and Frontline at their home in Honduras. “‘I don’t love you Daddy, you left me alone,'” she told him.
https://www.commondreams.org/news/2019/11/12/causing-profound-trauma-trump-administration-detained-record-breaking-70000-children
Koalas Declared “Functionally Extinct” After Fires Destroy 80% of Remaining Habitat
Experts believe the long-term outlook for the species is bleak, after centuries of habitat destruction, overhunting, and culling.
https://www.forbes.com/sites/trevornace/2019/11/23/koalas-functionally-extinct-after-australia-bushfires-destroy-80-of-their-habitat/#4dfb62fc7bad
Light Pollution is Key ‘Bringer of Insect Apocalypse’
Light pollution is a significant but overlooked driver of the rapid decline of insect populations, according to the most comprehensive review of the scientific evidence to date.
Artificial light at night can affect every aspect of insects’ lives, the researchers said, from luring moths to their deaths around bulbs, to spotlighting insect prey for rats and toads, to obscuring the mating signals of fireflies.
“We strongly believe artificial light at night – in combination with habitat loss, chemical pollution, invasive species, and climate change – is driving insect declines,” the scientists concluded after assessing more than 150 studies. “We posit here that artificial light at night is another important – but often overlooked – bringer of the insect apocalypse.”
https://www.theguardian.com/environment/2019/nov/22/light-pollution-insect-apocalypse
Sea Ice Update:
Arctic sea ice extent for November 2019 ended up at second lowest in the 41-year satellite record. Regionally, extent remains well below average in the Chukchi Sea, Hudson Bay, and Davis Strait.
October daily sea ice extent went from third lowest in the satellite record at the beginning of the month to lowest on record starting on October 13 through October 30. Daily extent finished second lowest, just above 2016, at month’s end. Average sea ice extent for the month was the lowest on record. While freeze-up has been rapid along the coastal seas of Siberia, extensive open water remains in the Chukchi and Beaufort Seas, resulting in unusually high air temperatures in the region. Extent also remains low in Baffin Bay.
https://nsidc.org/arcticseaicenews/
Gemeni Solar Project Threatens Important Habitat in Nevada
The US Fish and Wildlife Service (FWS) recently released a document identifying the severe impacts that would be inflicted on the Mojave desert tortoise (Gopherus agassizii) from the Gemini Solar Project, located in southern Nevada. The agency, tasked with recovering rare species headed for extinction, wrote a Biological Opinion for the Bureau of Land Management (BLM), the agency in charge of permitting the 7,100 acre Gemini Solar Project which will be located on public lands near Valley of Fire State Park, as part of its consultation process. BLM is reviewing an Environmental Impact Statement for the project.
Although the document claims that mitigation measures will make up for the impacts, the FWS claims that the Gemini Solar Project could kill or injure as many as 1,825 federally threatened desert tortoises in its 30-year operational lifespan. While the Biological Opinion assures us that the project would be heavily mitigated, it still raises dire concerns about these impacts.
The Mojave desert tortoise had declined so drastically decades ago that in 1990 the U.S. Fish and Wildlife Service listed the species as federally threatened. In the year 2000 the FWS began systematically surveying desert tortoise population numbers across its range using the latest scientific methods. What they saw was continuing declines of tortoise numbers, and even population crashes. Based on these surveys the Desert Tortoise Council has recently recommended up-listing the status of the Mojave desert tortoise from a threatened status to a higher endangered status–which means an emergency to stave off extinction.
The vegetation would be mowed using 23,000 pound Heavy Duty mulchers. Because not all individual tortoises will be detected by biologists or project staff, the agency is concerned that death and injury of desert tortoises could result from excavation activities such as clearing of vegetation, and entrapment in trenches and pipes during construction. Tortoises could be crushed by heavy vehicles. The FWS claims tortoise burrows would be avoided during all this constriction and maintenance activity with equipment and vehicles over years, but we have seen tortoise home burrows crushed and caved in by such activities on other development projects.
After solar project construction is complete and hundreds of tortoises are dug up and raided out of their burrows, the agencies are proposing to then release them back on to this disturbed habitat. The presence of re-occupied desert tortoises on the solar site, with vehicle traffic, may result in injuries or death during routine maintenance of facilities such as vegetation trimming. Tortoises outside of the fenced solar site may also be injured or killed due to truck traffic along the transmission lines and associated access roads.
Capture and translocation (moving) of desert tortoises may result in death and injury from stress or disease transmission associated with handling tortoises, stress associated with moving individuals outside of their established home range, stress associated with artificially increasing the density of tortoises in an area and thereby increasing competition for resources, and disease transmission between and among translocated and resident desert tortoises.
Translocation has the potential to increase the prevalence of diseases, such as Upper Respiratory Tract Disease (URTD), a major mortality factor for desert tortoises. Stresses associated with handling and movement could exacerbate this risk in translocated individuals that carry diseases. Equally, desert tortoises in quarantine pens could increase their exposure and vulnerability to stress, dehydration, and inadequate food resources.
The Gemini Solar Project represents an unacceptably large threat to tortoise populations, connectivity, and high-quality habitat in the northeastern Mojave Desert. FWS appears to us to be minimizing the threat of this project and recommending mitigation measures that will fail to halt tortoise mortality and further cumulative habitat degradation.
http://www.basinandrangewatch.org/
Australia Bushfires Rage
3900 square miles of Australia (an area more than 3 times the size of Yosemite National Park) were burned during a single week of November. – New York Post, 11/26/2019
Rice Farming is Major Source of Methane Emissions
Rice farming, long believed responsible for 2.5% of carbon emissions, is now believed to emit up to twice as much — due to new farming methods that only burn the fields intermittently, rather than annually. Leaving the fields in standing water has been found to stimulate bacterial growth that adds the equivalent of 1200 coal-fired power plants in carbon emissions. – Independent (online news magazine), 09/10/2018
The Plastic Pollution Explosion
A deer found dead in rural Thailand recently had 18 pounds of plastic in its stomach. – CNN, 11/26/2019
Consumer Culture Metastasizing Across the Globe
France says that Black Friday is the worst ever American import, topping Halloween and McDonald’s. The one-day shopping frenzy is said to produce the equivalent of a truckload of textiles being dumped every second, across France. – France 24, 11/30/2019
E-Waste is Growing Fast
Electronic waste worldwide is expected to exceed 50 million tons annually by 2020. Before it becomes e-waste, producing a single computer and monitor requires 1.5 tons of water, 48 lbs. of chemicals, and 530 lbs. of fossil fuels. – “The Balance SMB (balancesmb.com), 10/15/2019
Amazon Deforestation Accelerating Under Bolsonaro
Amazon deforestation in 2019 (so far) is estimated at more than 1130 square miles, an area equal to 97% of Yosemite. – CNN, 11/14/2019
Another estimate puts Amazon deforestation at 3700 square miles thus far this year.
Sea of Okhotsk Warming Rapidly
Parts of the Sea of Okhotsk, between Siberia and Japan, are now 3° C. warmer than in pre-industrial times. Oxygen levels in the sea are down, and the Okhotsk salmon population has declined 70%, just since 2004. With colder areas of the planet reacting fastest to climate change, scientists fear that what is happening around Okhotsk is a warning for seas and sea life globally. – Washington Post, 11/12/2019
Air Pollution in India
Forty percent of school children in four of India’s largest cities have lung capacity described as “poor” or “bad,” following breathing tests. Air quality in Indian cities is consistently rated among the worst in the world. – India Times.com, 05/05/2015
Niger is Desertifying Rapidly
In Niger, an area of grasslands equal to 110,000 football fields is lost every year to desertification and erosion. Nomadic herdsmen, who have followed this lifestyle for centuries, blame climate change. Some report losing half of their herds in recent years, and say they are now being driven into cities to look for work. – France 24, 12/05/2019
30-40% of Food is Wasted for “Cosmetic Reasons”
Thirty to forty percent of American farm produce never makes it to market, due to inefficient distribution, and to discarding for cosmetic reasons. – France 24, 11/30/2019
Alaska Temperatures Caused Salmon to Have Heart Attacks
Record high temperatures across portions of Alaska caused thousands of salmon to have heart attacks and die last summer.
by DGR News Service | Jun 18, 2019 | Agriculture, Biodiversity & Habitat Destruction, The Solution: Resistance, Toxification
By Will Falk and Sean Butler
Photo: 2009 algae bloom in western Lake Erie. Photo by Tom Archer.
It should be clear to anyone following the events surrounding attempts by the citizens of Toledo, OH, with help from nonprofit law firm the Community Environmental Legal Defense Fund (CELDF), to protect Lake Erie with the Lake Erie Bill of Rights, that the American legal system and all levels of government in their current form exist to protect corporations’ ability to destroy nature in the name of profit and protect those corporations from outraged citizens injured by corporate activities.
In the scorching summer heat of August 2014, nearly half a million people in Toledo, OH were told not to use tap water for drinking, cooking, or bathing for three days because a harmful algae bloom poisoned Lake Erie. Harmful algae blooms on Lake Erie have become a regular phenomenon. They produce microcystin, a dangerous toxin. Microcystin “causes diarrhea, vomiting, and liver-functioning problems, and readily kills dogs and other small animals that drink contaminated water.” The Ohio Environmental Protection Agency reports that mere skin contact with microcystin-laden harmful algae blooms can cause “numbness, and dizziness, nausea…skin irritation or rashes.” Scientists have also discovered that harmful algae blooms produce a neurotoxin, BMAA, that causes neurodegenerative illness, and is associated with an increased risk of ALS, and possibly even Alzheimer’s and Parkinson’s. In 2018, a federal judge found that the principal causes of Lake Erie’s perennial harmful algae blooms are “phosphorus runoff from fertilizer, farmland manure, and, to a lesser extent, industrial sources and sewage treatment plant discharges.”
The Environmental Working Group and Environmental Law and Policy Center report that, not surprisingly, between 2005 and 2018 the number of factory farms in the Maumee river watershed – a river that flows into Lake Erie and boasts the largest drainage area of any Great Lakes river
“exploded from 545 to 775, a 42 percent increase. The number of animals in the watershed more than doubled, from 9 million to 20.4 million. The amount of manure produced and applied to farmland in the watershed swelled from 3.9 million tons each year to 5.5 million tons.”
The groups also state that “[t]he amount of phosphorus added to the watershed from manure increased by a staggering 67 percent between 2005 and 2018.” And, “69 percent of all the phosphorus added to the watershed each year comes from factory farms in Ohio.”
Many Americans believe regulatory laws like the Clean Water Act and regulatory agencies like the United States Environmental Protection Agency (EPA) exist to protect against phenomena like harmful algae blooms. But, Senior US District Court Judge James G. Carr recently described how regulatory laws and agencies have failed to protect Lake Erie. In a 2018 decision in a case brought by the Environmental Law and Policy Center under the Clean Water Act for the failures of the US and Ohio EPAs, Carr described, “Ohio’s long-standing, persistent reluctance and, on occasion, refusal, to comply with the [Clean Water Act].” He also wrote:
“As a result of the State’s inattention to the need, too long manifest, to take effective steps to ensure that Lake Erie (the Lake) will dependably provide clean, healthful water, the risk remains that sometime in the future, upwards of 500,000 Northwest Ohio residents will again, as they did in August 2014, be deprived of clean, safe water for drinking, bathing, and other normal and necessary uses.”
Despite Carr explaining that he “appreciate[s] plaintiffs’ frustration with Ohio’s possible continuation of its inaction,” he ruled that he could not expedite Ohio’s compliance with the Clean Water Act because he could not determine that Ohio had “clearly and unambiguously” abandoned its obligations under the Clean Water Act.
In response to the regulatory framework’s failure to stop harmful algae blooms, on Tuesday, February 26, 2019, citizens in Toledo, OH voted to protect Lake Erie with the Lake Erie Bill of Rights (“LEBOR” or “the Bill”). The Bill “establishes irrevocable rights for the Lake Erie Ecosystem to exist, flourish, and naturally evolve, a right to a healthy environment for the residents of Toledo” and “elevates the rights of the community and its natural environment over powers claimed by certain corporations.”
Toledoans for Safe Water (TSW) is the grassroots coalition of local Toledo citizens who ushered the Bill through Ohio’s constitutional citizen initiative process. Ohio’s citizen initiative process allows citizens to draft and propose laws and to place those laws on a ballot so citizens can directly vote on the law’s enactment. Typically, laws are drafted, proposed, and voted on solely by legislators. Initiative processes like Ohio’s are some of the only avenues American citizens have for directly proposing and enacting laws and providing a direct check and balance on an “out of touch” or corrupt legislature. It is important to understand, however, that, even with citizen initiative processes, it is incredibly difficult to not only democratically enact laws that would actually protect the natural world, but it is incredibly difficult to even place rights of nature laws on the ballot in the first place.
Toledoans for Safe Water’s experience is enlightening. Formed after the harmful algae bloom of August 2014, TSW worked tirelessly to pass an initiative protecting their water source including overcoming efforts by the Lucas County Board of Elections and BP North America to keep such an initiative off the ballot. First, TSW had to gather 5,244 signatures to place LEBOR on the ballot. They far exceeded that total by gathering approximately 10,500 signatures. Despite gathering much more than the necessary signatures, the Lucas County Board of Elections voted against putting the initiative on the November 2018 ballot.
Toledoans for Safe Water members sought an order from the Ohio Supreme Court to put the measure on the ballot, but the Court denied the request in September 2018. Fortunately, in October 2018, in another case involving a different charter initiative, the Ohio Supreme Court ruled that city councils may force county boards of election to place charter amendment initiatives on the ballot. This ruling expressly overruled precedent previously relied on to prevent Toledo citizens from voting on LEBOR. Armed with this new ruling, TSW successfully asked the Toledo City Council to put LEBOR on the ballot. However, in December 2018, a Toledo citizen sought a writ of prohibition from the Ohio Supreme Court to block LEBOR. TSW found themselves in front of the Ohio Supreme Court once again. This time TSW won.
After ensuring LEBOR made it to the ballot, Toledoans for Safe Water had to convince enough voters to vote for the Bill before it could be enacted. In the weeks leading up to the election, BP North America wired $302,000 to the Toledo Coalition for Jobs and Growth, the primary group opposing LEBOR. In the end, TSW spent $7,762 in support of LEBOR, while Toledo Coalition for Jobs and Growth, with the massive donation from BP North America, spent $313, 205 to stop LEBOR. Despite this disparity, LEBOR passed with 61 percent of the 15,000 Toledoans who voted.
But, mere hours after the City of Toledo certified LEBOR’s election results, Drewes Farms Partnership sued the City seeking an injunction against enforcing LEBOR and a court ruling that LEBOR is unconstitutional. Several Toledo city-council members spoke out against the enactment of LEBOR before the election, and it appears that the City will not enforce LEBOR. Yes, you read that correctly: After LEBOR won with 61% of the vote (nearly two-thirds of those who voted), the City of Toledo agreed to an injunction prohibiting them from enforcing the law.
In response to such bald face tactics, we must ask, if a local city government agrees not to enforce the will of its citizens, then what really is left of the notion of a government for and by the people? And the inevitable answer must be, nothing. Indeed, as environmental author Derrick Jensen explains in his book Endgame:
“Surely by now there can be few here who still believe the purpose of government is to protect us from the destructive activities of corporations. At last most of us must understand that the opposite is true: that the primary purpose of government is to protect those who run the economy from the outrage of injured citizens.”
Jensen’s conclusion eerily reflects the very plain statement by Attorney General Richard Olney, who served under President Grover Cleveland in 1894 about the newly-formed Interstate Commerce Commission. The ICC was the very first federal regulatory agency, created to ‘regulate’ the railroad industry, but as Olney (a former railroad attorney, himself) said:
“The Commission…is, or can be, made of great use to the railroads. It satisfies the popular clamor for a government supervision of railroads, at the same time that that supervision is almost entirely nominal. Further, the older such a commission gets to be, the more inclined it will be found to take the business and railroad view of things.”
Nearly 200 years later, Jensen’s observation reflects the reality that not only does our regulatory system not protect the interests of the people of this country; it was never intended to. It was created to protect industry.
And so the parade of horribles that Toledoans for Safe Water have encountered should come as no surprise. A little over two months after the lawsuit was filed by the agriculture industry to strike down LEBOR, the State of Ohio requested, and was granted, the right to intervene to argue with Drewes Farms Partnership that LEBOR should be invalidated. TSW also tried to intervene on behalf of Lake Erie, exercising their new rights under LEBOR and arguing that the City is not an adequate representative of LEBOR. The City neither opposed TSW’s intervention in the case, nor denied that it would be an inadequate representative of LEBOR. Regardless, on Tuesday, May 7, Judge Jack Zouhary, a U.S. District Judge in the Northern District of Ohio, Western Division denied Toledoans for Safe Water’s intervention. Lake Erie and TSW asked the Sixth Circuit Court of Appeals to stay (legalese for postpone) the case while they appealed Zouhary’s denial of their intervention. But, the Sixth Circuit refused to stay the case.
Because Zouhary has denied Toledoans for Safe Water’s intervention and the Sixth Circuit did not grant Lake Erie’s and TSW’s request to stay the case, it will proceed with no one who supports LEBOR present to argue on behalf of Lake Erie or the citizens of Toledo for the remainder of a case that will decide the fate of a law enacted by the citizens of Toledo. To be clear, the City government, popularly assumed to represent the will of the City’s people, is specifically not representing the will of the people.
About an hour after denying Lake Erie and Toledoans for Safe Water’s intervention, Zouhary scheduled a phone conference for Friday, May 17 while ordering the parties to the lawsuit to send him letters regarding a Motion for Judgment on the Pleadings. Typically, parties to a lawsuit file motions and briefs describing their arguments and these motions and briefs become part of the public record so that the public can see why legal decisions are made. In specifically asking for letters, Zouhary shielded Drewes Farms Partnership’s, the State of Ohio’s, and the City of Toledo’s arguments from public scrutiny. Here we see how the will of the people, expressed through the legislative process, can be effectively silenced by the judicial process. The courts, commonly thought of as a check on abuses of power by the legislative branch of government that encroach on fundamental rights of individuals, have now been unmasked as a vehicle to silence and overturn the will of the people and to legitimize further violations of fundamental rights of the people – in this case the simple and essential right to clean water.
And to round out the evidence that we do not live in a democracy, on Thursday, May 9, the Ohio House of Representatives adopted its 2020-2021 budget with provisions that prohibit anyone, including local governments, from enforcing rights of nature laws. The State of Ohio is using its power of preemption – a long-established legal doctrine that defines the relationship of municipal governments to state and federal governments as one of parent to a child – to prevent Ohio residents from protecting the natural world with rights of nature at any time in the future.
This is a perfect example of why CELDF lawyer and executive director Thomas Linzey often states that, “Sustainability itself has been rendered illegal under our system of law.” And:
“Under our system of law, you see, it doesn’t matter how many people mobilize or who we elect – simply because the levers of law can’t be directly exercised by them. And even when they do manage to swing the smallest of those levers, they get swung back (either through the legislature or the courts) by a corporate minority who claimed control over them a long time ago.”
Toledoans for Safe Water swung “the smallest of those levers” and now they have been “swung back” by both the legislature and the courts in favor of the corporate minority. We see then, that under our current system of laws, there is no government actor that validates and protects the will of the people. In the case of Lake Erie, the City of Toledo, the State of Ohio, two levels of federal courts (the District Court for the District of Ohio and the Sixth Circuit Court of Appeals), have all actively undermined the health and welfare and the express political will of the citizens of Toledo – all in the name of preserving and protecting the freedom of agricultural interests to continue polluting Lake Erie for the sake of their own profits.
***
With it being all but certain that the Lake Erie Bill of Rights will soon be officially invalidated, has Toledoans for Safe Water’s work been in vain?
Not entirely.
“Unquestioned beliefs are the real authorities of a culture,” critic Robert Coombs tells us. Right now, the culture of profit in our country, sanctioned by the legal system is destroying the planet. Informing this dominant culture is a collection of unquestioned beliefs that authorize and allow the massive environmental destruction we currently witness. Stopping the destruction requires changing the dominant culture and changing the dominant culture requires publicly challenging unquestioned beliefs so those unquestioned beliefs are exposed to the light where they can be seen, understood, and condemned.
Perhaps surprisingly, one of the unquestioned beliefs authorizing ecocide is the belief that we live in a democracy and, because we live in a democracy, that our government reflects the will of the governed. This mistaken belief leads to more mistaken beliefs including a belief that the best way to make change is to petition your elected representatives, and if they won’t listen, to elect new ones who will. This misconception includes the further mistaken belief that the American regulatory framework exists to protect the natural world and the humans who depend on Her and that therefore filing lawsuits under the Endangered Species Act, the National Environmental Policy Act, and the Clean Air and Clean Water Acts can stop the destruction of endangered species, our habitat, and the air and water we require.
We should all know the truth, by now. We do not live in a democracy, and our government was never intended to reflect the will of the governed. Our elected representatives only listen to us when the corporations they’re beholden to aren’t telling them what to do. The regulatory framework does not exist primarily to protect the natural world; it exists to issue permits, to give permission, to legalize the harm corporate projects wreak on the natural world, and to make it near impossible for the citizenry to oppose those projects.
Even some of the current government’s most sacred documents, such as the Declaration of Independence, the Ohio State Constitution, as well as many other state constitutions, declare that people have a right to reform, alter, or even abolish the very governments those documents create when those governments fail to reflect the will of the people. The people of Toledo tried to exercise that right by passing LEBOR. Regardless, the very institutions supposedly tasked with honoring these documents are preventing the people from exercising the rights asserted in the Declaration of Independence and protected by the Ohio State Constitution.
We should all know the truth, by now, but most people still don’t. It’s one thing to tell people the truth. And, it’s another to show them. A major question, then, for social and environmental justice advocates is: How do we show people the truth?
One way is through acts of civil disobedience like enacting the Lake Erie Bill of Rights. A primary purpose of civil disobedience is to expose unquestioned beliefs for what they really are. In the case of the regulatory fallacy described above, these unquestioned beliefs serve as propaganda intended to pacify the people. Civil disobedience can stage the truth of our situation for the public to behold. Properly applied, civil disobedience can illuminate unquestioned beliefs and unveil their falsehoods.
CELDF attacks unquestioned beliefs through what it calls “organizing jujitsu.” CELDF helps communities suffering from destructive corporate projects (like fracking, factory farms, and toxic waste storage) ban those projects by passing local laws establishing rights of nature and invalidating judicially-created corporate rights. These laws, however, are currently illegal under American law and are, inevitably, struck down by the courts.
So, why does CELDF keep helping communities pass laws that are almost always struck down? This is where the organizing jujitsu happens. The laws that CELDF helps communities pass are frontal challenges to long-settled legal doctrines. When judges rule against local laws, judges’ rulings can be used as proof of how the structure actually operates. In CELDF’s words:
“Much like using single matches to illuminate a painting in a dark room, enough matches need to be struck simultaneously (and burn long enough) so that the painting can be viewed in its entirety. Each municipality is a match, and each instance of a law being overturned as violative of these legal doctrines is an opportunity for people to see how the structure actually functions. This does the necessary work of penetrating the denial, piercing the illusion of democracy, and removing the blinders that prevent a large majority of people from seeing the reality on the ground.”
With the indicators of ecological collapse constantly intensifying, it is imperative that we penetrate the denial, pierce the illusion of democracy, and remove the blinders that prevent people from seeing reality as quickly as possible. Due to the thoroughness of American indoctrination, the education civil disobedience can provide needs to be supported by real-time commentary that highlights why a specific tactic failed. This real-time commentary will help the public see the truth.
Toledoans for Safe Water has used every legal means at their disposal to protect Lake Erie and, yet, the Lake Erie Bill of Rights is not being enforced and is almost certain to be invalidated in court. Meanwhile, the poisoning of Lake Erie intensifies. Toledoans for Safe Water’s civil disobedience, despite challenging a widespread faith in the American legal system, has failed to physically protect Lake Erie. Breaking this faith is a necessary, but not sufficient, step towards dismantling the dominant culture and replacing it with a new culture rooted in a humble recognition of our dependency on the natural world. For those who see the truth that neither the legal system nor the government will protect us, the question becomes: What are we willing to do to protect ourselves?
—
Will Falk is a biophilic writer and lawyer. He believes the natural world speaks. And, his work is an attempt to listen. In 2017, he helped to file the first-ever federal lawsuit seeking rights of nature for a major ecosystem, the Colorado River. His book How Dams Fall which chronicles his experiences representing the Colorado River in the lawsuit, will be published by HomeBound Publications in October, 2019. You can follow Will’s work at willfalk.org.
Sean Butler is a technology lawyer and environmental activist based in Sequim, WA. In addition to his practice supporting venture-backed startups he is working to advance the rights of nature.
by DGR News Service | May 18, 2019 | Toxification
True change can only be driven by revolutionary action and long-term radical organizing — not chemical collusion and compromise.
Last year, I volunteered to plant native species at the Spencer Creek-Coyote Creek wetlands southwest of Eugene, Oregon. This site, owned by the McKenzie River Trust (MRT), is an important riparian area at the confluence of two streams and is habitat for a wide range of plants, mammals, amphibians, birds, and other forms of life.
After arriving at the site, we learned during the orientation that herbicides had been applied in the area we were to be working to remove undesired plants. This did not sit well with me. I contacted McKenzie River Trust several months later and met with their conservation director to discuss chemical use. He explained that organizations like MRT are tasked with conserving large areas of land and don’t have the volunteer resources or staff to conduct non-chemical restoration. I suggested that MRT engage the community in dialogue around these issues in order to attempt an alternative.
The McKenzie River Trust disclosed that it has used pesticides including Glyphosate (aquatic formulation), triclooyr 3A, clethodim, aminipyralid, clopyralid, and flumioxazin over the past two years. MRT also uses chemicals at the Green Island site at the confluence of the Willamette and McKenzie rivers. The organization even has job descriptions that include specific reference to “Chemical control of invasive species… apply herbicides” in the activities list. It maintains a certified herbicide expert on staff. A representative of McKenzie River Trust told me that the organization has changed its volunteer policy to prevent the sort of herbicide exposure volunteers had earlier this year at the Spencer-Coyote Wetlands — but this doesn’t address the ecological impacts, or impacts on local residents.
I sympathize with relatively small organizations like McKenzie River Trust. They are operating in a bind whereby they are forced to either concede important habitat to aggressive invasive species, use poison, or attempt to mobilize the community to maintain land by hand. As they write in a fact sheet, “When working on large acreages, [herbicides] are the most efficient and cost-effective tool at our disposal.”
However, there is no excuse for manufacturing these substances, let alone deliberately releasing them into the environment.
We all assume that restoration and conversation groups have the best interests of the natural world at heart. But many of these groups regularly use chemical pesticides for land management, including chemicals that have been shown to cause cancer, birth defects, hormonal issues, and other health problems in humans and other species. This includes not just small local groups like The McKenzie River Trust and The Center for Applied Ecology, which are based in my region of western Oregon, but also large NGOs like The Nature Conservancy (TNC).
I have spoken with representatives of each of these organizations, and have confirmed that they actively use chemical herbicides.
The Nature Conservancy, for instance, uses organophosphate herbicides (the class that includes Glyphosate, the active ingredient of the popular weed-killer RoundUp) and a range of other chemicals on non-native species in the Willow Creek Preserve in southwest Eugene as well as thousands of other locations globally. The organization notes on its website that “herbicide use to control invasive species is an important land management strategy.”
The intentional release of toxic chemicals into the environment is an ironic policy for environmental groups, given that the modern environmental movement was founded on opposition to the use of pesticides (a category which includes herbicides). The 1962 publication of Rachel Carson’s book Silent Spring is taken by many as the beginning of the modern environmental movement.
Pesticides are a persistent, serious threat to all forms of wildlife and to the integrity of ecology on this planet.
Amphibians, due to their permeable skin, are especially sensitive to the effects of pesticides. These creatures often spend their entire lives on the ground or underground, where pesticides may seep. Even at concentrations of 1/10th the recommended level, many pesticides cause harm or are fatal to amphibians.
Bees exposed to herbicides may be unable to fly, have trouble navigating, experience difficulty foraging and nest building. Exposure may lead to the death of bees and larva. One study showed that Glyphosate effects bees’ ability to think and retain memory “significantly.”
While herbicides are less toxic to birds and large mammals than other pesticides that are used to kill bugs and small animals like mice, several studies have shown interference with reproduction. Not all poisoning results in immediate death. Impacts might include reduced body mass, reproductive failure, smaller broods, weakening, or other effects.
Pesticides, in general, are implicated in dramatic collapses in bat populations, threaten invertebrates, and kill or harm fish. Additionally, they bioaccumulate in flesh — that is, their levels concentrate in the bodies of predators (including humans) and scavengers that eat poisoned rats or other animals that we deem as pests.
Pesticides are applied much more widely than most people realize. They are used along roads, in parks, in front of businesses, and along power lines. In forestry and agriculture, thousands of tons of chemicals are applied in Oregon every year. The Oregon Department of Transportation uses herbicides to spray roadsides across the state. A recent “off-label” use of a herbicide has caused the death of hundreds of Ponderosa pines along a 12-mile stretch near Sisters, OR. Across much of the United States, insecticides are sprayed widely in cities and water bodies to kill mosquitoes. And private organizations and individuals use pesticides widely as well. A southern California study that took place between 1993 and 2016 found a 500 percent increase in the number of people with glyphosate in their bloodstream during that period, and a 1208 percent increase in the average levels of glyphosate they had in their blood.
The effects of these chemicals on humans can be disastrous. Pesticides are linked to neurological, liver, lymphatic, endocrine, cardiovascular, respiratory, mental health, immune, and reproductive damage, as well as cancer risk. As far back as 1999, pesticide use was believed to kill 1 million humans per year. Yet these toxic chemicals continue to be used today.
***
According to permaculture expert Tao Orion, author of Beyond the War on Invasive Species, more volunteer work, or active harvesting, perhaps through collaboration with Indigenous groups, can eliminate the need for chemicals entirely. “If you’re considering that one or two people are going to manage 500 acres,” she said, “you’re setting yourself up for herbicide use. It’s a cop-out… Tending these areas may cause rare plants to increase. There is a lot of evidence now that this is indeed the case. But that goes against the [commonly accepted] American wilderness ideology.”
Orion says the use of toxic herbicide mixes is common as well. “I did an interview with the founder of the Center for Applied Ecology, and he said ‘we often just mix up RoundUp and 2, 4-D, that’s a surefire mix we’ve found,’” Orion said. As some may remember, 2, 4-D is one-half of the Agent Orange defoliant that was widely used in the ecocidal Vietnam War and has been linked to extremely serious human and non-human health issues.
In her book Beyond the War on Endangered Species, Orion details Agribusiness giant Monsanto and other pesticide industry corporations making a deliberate shift to market and sell chemicals to ecological restoration organizations. This is often done with the help of incomplete or poorly executed science claiming that pesticides are harmless. Jonathan Lundgren disagrees. This Presidential Early Career award winner for Science and Engineering was forced out of his USDA research scientist position after exposing damage caused by pesticides. Lundgren says that the science of pesticide safety “is for sale to the highest bidder.”
TNC and other restoration organizations are heavily influenced by research produced by land-grant colleges. Land-grant schools were set up in the late 1800’s to provide education on agriculture, engineering, and warfare. These schools maintain a fundamentally extractive, colonial mindset. “The pesticide manufacturers fund research and professorships at universities like Oregon State and other land-grant colleges,” Orion said. She also explained that these groups regularly receive grants from the federal government and sometimes from corporations directly. Land grant schools were a major factor in the industrialization of agriculture over the past 130 years.
One result of this corporatization of science is a revolving door between big organizations like The Nature Conversancy and industry. For instance, TNC’s managing director for Agriculture and Food Systems, Michael Doane, worked at Monsanto for 16 years prior to joining the organization.
The Nature Conservancy’s collaboration with big business goes well beyond Monsanto. Its “Business Council” is made up of a select group of 14 corporations including BNSF, Bank of America, Boeing, BP, Cargill, Caterpillar, Chevron, Dow Chemical, Duke Energy, Monsanto, and PepsiCo. Previous partners include mining giant Rio Tinto, ExxonMobil, and Phillips. The Nature Conservancy has received 10’s of millions in funding from these corporate partners, who are collectively responsible for a substantial portion of global ecocide and who have profited to the tune of hundreds of billions of dollars.
I spoke with a local beekeeper who called TNC to inquire about pesticide use at Willow Creek. The TNC representative confirmed the use of multiple different herbicides. Though the beekeeper explained his fear for his bees, and described health concerns related to an elderly family member with Parkinson’s disease (a malady they believe is connected to past RoundUp exposure), the TNC representative refused to entertain any neighborly idea of notifying adjacent landowners about chemical use.
“He told me ‘this is private land, and we can do whatever the hell we want,’” the beekeeper told me.
This response is not a surprise: The Nature Conservancy’s entire approach is based on privatization. At the Willow Creek site, and most Nature Conservancy properties, land is not accessible by the public. Fences block access and signs warn against trespassing.
This privatization model mirrors the Royal “hunting preserve” and “King’s forest” commonly found in historic monarchies. It’s an approach that is regularly critiqued by other conservation groups, who see responsible interaction with the land as essential for creating a land ethic. Groups like Survival International regularly report on the negative impacts this approach has on Indigenous people throughout the world, especially in Africa, where TNC and other large groups such as the World Wildlife Fund regularly purchase and privatize lands once held in common. According to Survival International, this approach is often counterproductive. The group notes that Indigenous people’s presence on ancestral lands is actually the number one predictor of biological diversity and ecosystem health.
***
Given the decades-long effort by chemical companies to market their products as safe and the clear evidence this is not the case, it’s important to grow a mass movement that questions the use of chemicals.
Locals, including Orion, members of the Stop Aerial Spraying Coalition, and the beekeeper I spoke with want TNC and other conservation groups to change their approach to eliminate chemical use, and appreciate TNC’s experimentation with prescribed fire, which may reduce or eliminate the need for chemicals. Prescribed burning is a traditional practice among many Indigenous communities. Other chemical-free practices that can reduce undesirable species and increase biodiversity include targeted grazing, reintroduction of extirpated species, hand removal, and beneficial harvesting.
These approaches aren’t as fast as poison, but they can be sustainable.
The Nature Conservancy does some good work. So do many nonprofits, especially the smaller, grassroots organizations. However, cases like this illustrate why lasting environmental victories aren’t likely to emerge from large environmental NGOs or from corporate collaboration. TNC’s refusal to engage in political struggle over pressing issues such as drilling in the Arctic National Wildlife Refuge, let alone global climate change and major threats to the planet, show the limitations of these groups. Their defensive work to protect a given species or area is important, but this “whack-a-mole” method cannot proactively address the global issues we face.
The perils of collaboration with corporations can be seen throughout the environmental movement, not just in this case. Corporations and wealthy individuals have long recognized the existential threat posed by a radical environmental movement. When you question the destruction of one mountain or meadow or forest, it isn’t long until you question capitalism and industrialism too. Thus, they direct their funding to mainstream environmental groups, which present technological and policy change as the solution. I’ve called this a “pressure relief valve” for popular discontent. Others have labeled it one half of the “twin tactics of control: reform and repression.”
We must be wary of foundation funded and large NGOs. Nonprofits that are reliant on outside funding always must speak to the lowest common denominator: the funders. They must avoid offending these individuals and groups, and must supply deliverables to meet grant requirements. This focus on short term bullet-points relegates broader visioning to the fringes, and results in institutions and organizations with a systemic inability to think big or lead revolutionary change.
Despite the massive nonprofit industrial complex, every indicator of ecological health is heading in the wrong direction. I have always advocated both reform and revolution. But in today’s world, there is no shortage of tepid, chemical-soaked reform. To turn this around, we will need fundamental changes in the economic system and the structure of society, changes that can only be driven by revolutionary action and long-term radical organizing — not chemical collusion and compromise.
by Deep Green Resistance News Service | Feb 27, 2018 | ANALYSIS, Toxification
by Alex Jensen / Local Futures
That pollution is bad for our health will come as a surprise to no one. That pollution kills at least 9 million people every year might. This is 16 percent of all deaths worldwide – 3 times more than AIDS, tuberculosis and malaria combined, and 15 times more than all wars and other forms of violence. Air pollution alone is responsible for 6.5 million of these 9 million deaths. Nearly 92 percent of pollution-related deaths occur in low- and middle-income countries. All this is according to the Lancet Commission on Pollution and Health, a recent report by dozens of public health and medical experts from around the world. This important report is sounding the alarm about a too-often neglected and ignored “silent emergency”—or as author Rob Nixon calls it, “slow violence.”
In one media article about the report, the Lancet’s editor-in-chief and executive editor points to the structural economic forces of “industrialisation, urbanisation, and globalisation” as “drivers of pollution.” Unfortunately, however, the report itself doesn’t elaborate upon this crucial observation about root causes – in fact, when it moves from documentation of the pollution-health crisis to social-economic analysis, some of the report’s conclusions go seriously awry, espousing debunked “ecological modernization theory” and reinforcing a tired Eurocentric framing that paints the industrialized West in familiar “enlightened” colors, while the “developing” countries are portrayed as “backward.”
For example, one of the Commission’s co-chairs and lead authors Dr. Philip Landrigan (for whom I have the greatest respect for his pioneering work in environmental health), points out that since the US Clean Air Act was introduced in 1970, levels of six major pollutants in the US have fallen by 70 percent even as GDP has risen by 250 percent. According to fellow author Richard Fuller, this sort of trend proves that countries can have “consistent economic growth with low pollution.”
Coupled with the fact that about 92 percent of pollution-related deaths occur in low- and middle-income countries, this would indeed appear to validate one of the core doctrines of ecological modernization theory—”decoupling”—which posits that while pollution necessarily increases during the early “stages” of economic development, it ultimately plateaus once a certain level of wealth is achieved, whereupon it falls even as growth continues ever upward.
It is understandable why the Commission might want to package its message in this way: it makes an “economic” case for addressing pollution that is palatable to policymakers increasingly ensconced within an economistic worldview, one that is increasingly blind to non-economic values (including, apparently, the value of life itself – one would have hoped that 9 million deaths would be reason enough to take action against pollution). The economic costs of pollution, along with the apparent happy coexistence of economic growth and pollution reduction, are marshaled to challenge “the argument that pollution control kills jobs and stifles the economy.” This favorite bugbear of industry and big business is certainly spurious—forget about pollution control “killing jobs;” the absence of such control is killing millions of people every year!
But, as I showed in my previous blog post (Globalization Blowback), much of the rich countries’ pollution has been outsourced and offshored during the corporate globalization era. It is disingenuous at best to cite instances of local pollution reduction alongside increased economic growth in the rich world as evidence of decoupling, when those reductions were made possible only because of much larger pollution increases elsewhere. A global perspective—where true costs cannot be fobbed off on the poor and colonized—is necessary for gaining a meaningful and accurate picture of the relationship between wealth, growth, development and environmental integrity and sustainability. Panning out to this broader global perspective shows that, in fact, GDP growth and pollution continue to be closely coupled. And because a large percentage of the pollution in poorer countries is a consequence of corporate globalization, so is a large percentage of pollution-caused deaths.
Choking—and dying—on globalization
China’s export-oriented industrial spasm, powered largely by burning coal, has bequeathed it notoriously lethal air pollution, so much so that, according to one study, it contributes to the deaths of 1.6 million people per year (4,400 per day), or 17% of all deaths in the country. Another study puts the total at two-thirds of all deaths, and concluded that the severe air pollution has shortened life expectancy in China by more than 2 years on average, and by as much as 5.5 years in the north of the country.
Interestingly, some studies have actually calculated the number of globally dispersed premature deaths from transported air pollution and international trade. One such study found that deadly PM2.5 pollution (particulate matter of 2.5 micrometers or smaller) produced in China in 2007 was linked to more than 64,800 premature deaths in regions other than China, including more than 3,100 premature deaths in western Europe and the USA. At the same time—despite manufacturing- and pollution-offshoring—about 19,000 premature deaths occur in the US from domestically emitted pollution for the production of exports, 3,000 of which are linked to items exported to China.
But this is far less than what the Chinese are suffering because of consumption in the West. According to the study, “consumption in western Europe and the USA is linked to more than 108,600 premature deaths in China.” (Worldwide, pollution emitted for the production of goods and services consumed in the US alone caused 102,000 premature deaths; European consumption caused even more: 173,000 premature deaths). Note that the above fails to take into account the costs of various other air pollution-related chronic illnesses. And of course, air pollution isn’t the only harmful human cost of China’s coal-driven industrial growth and export-orientation. According to Chinese government statistics, some 6,027 Chinese coal miners died in the course of work in 2004, though analysts point out that official estimates are usually highly conservative, and “the real number is probably higher.” Since 2004, coal extraction has grown significantly in China.
Shipping
What about the transport of incomprehensible quantities of materials back and forth across the planet? Coal to China, commodities from China, waste back to China (the undisputed locus of global waste trade)—nearly all of it is done via oceanic shipping, which carries heavy ecological costs. The statistics on the scale and impact of the global shipping industry are arresting: a 2014 study found that ship traffic on the world’s oceans has increased 300 percent over the past 20 years, with most of this increase occurring in the last 10 years. According to one analysis, emissions from international shipping for 2012 were estimated to be 796 million tons of CO2 per year (or 90,868 tons per hour), more than the yearly emissions of the UK, Canada or Brazil. (An earlier study put the amount of annual emissions from the world’s merchant fleet at 1.12 billion tons of CO2.) Whatever the actual figure, shipping accounts for at least 3 to nearly 4.5 percent of global CO2 emissions.
Much worse, shipping contributes 18-30 percent of the world’s total NOx and 9 percent of its sulphur oxide (SOx) pollution. A single giant container ship can emit the same amount as 50 million cars: “just 15 of the world’s biggest ships may now emit as much pollution as all the world’s 760m cars.” By 2015, greenhouse gas emissions from shipping were 70 percent higher than in 1990, and, left unchecked, were projected to grow by up to 250 percent by 2050; this would make shipping responsible for 17 percent of global emissions. According to the University College London’s Energy Institute – whose astonishing ShipMap may be one of the best visualizations of globalization available—“China is the center of the shipping world; Shanghai alone moved 33 million units in 2012.”
And this is only maritime shipping. Air freight is even more pollution-intensive: though much less merchandise and material is moved by air, some estimates are that the relatively minor 1% of the world’s food traded by air may contribute upwards of 11 percent of CO2 emissions.
In sum, the toll of the global shipping industry makes the “death footprint” of globalization’s air pollution even larger. A 2007 study conservatively estimated that just the PM (particulate matter) emissions of global shipping—estimated at 1.6 million metric tons—kill 60,000 people per year, which the authors expected to increase 40 percent by 2012.
Conclusions
To point out the harms of global pollution outsourcing is emphatically not to argue that US corporations, for example, should simply return their outsourced production and pollution to the territorial US. This was the erstwhile “Trumpian” right-populist recipe. Under this ideology, the way to facilitate “insourcing” is not to insist on higher labor and environmental standards abroad, but to systematically dismantle the framework of laws in the US (however weak many of them already are thanks to corporate-captured government agencies)—that is, to bring the race to the bottom home. Whether generous tax cuts and other hand-outs will entice the outsourcers back remains to be seen: it’s becoming evident that the Trump/Koch brothers enterprise is about both eviscerating domestic environmental and labor laws, and accelerating global transnational corporate pillage—the worst of all worlds.
An anti-corporate, degrowth, eco-localization stance is the unequivocal opposite. Firstly, it rejects the broader ends and means of the entire consumerist, throw-away project. Rather than merely bringing the disposable extractive economy back home, localization is about reconnecting cause and effect and overthrowing irresponsible and unethical environmental load displacement on the global poor. Localization is about re-orienting the entire economy towards sufficiency and simplicity of consumption, towards needs-based, ecologically-sustainable and regenerative production, and towards fair, dignified and democratic work and production. By definition, localization connotes less dependence on external resources and globalized production chains that are controlled by global corporations and are congenitally undemocratic. Putting power into workers’ hands is to not have globally—outsourcing, hierarchically—owned and managed corporations, tout court.
Of course Dr. Landrigan is right that reducing pollution doesn’t “stifle the economy”—quite the contrary, if “the economy” is understood in a much more holistic sense than mere GDP. But, as has been pointed out previously on this blog (here and here), we also shouldn’t equate a healthy economy with a growing economy. The converse is more often the case. To reduce global pollution deaths, we not only need robust pollution control regulations, we must reduce corporate power, globalization, and the scale of the economy as well.
Alex Jensen is a Researcher and Project Coordinator at Local Futures. He has worked in the US and India, where he co-ordinated Local Futures’ Ladakh Project from 2004-2015. He has also been an associate of the Sambhaavnaa Institute of Public Policy and Politics in Himachal Pradesh, India. He has worked with cultural affirmation and agro biodiversity projects in campesino communities in a number of countries, and is active in environmental health/anti-toxics work.
Photo by shawnanggg on Unsplash
by Deep Green Resistance News Service | Aug 28, 2017 | Toxification
Peak oil extraction has passed and extraction will decline from this point onward. No industrial renewables are adequate substitutes. Richard C. Duncan sums it up in his “Olduvai Theory” of industrial civilization. Duncan predicted a gradual per capita energy decline between 1979 and 1999 (the “slope”) followed by a “slide” of energy production that “begins in 2000 with the escalating warfare in the Middle East” and that “marks the all-time peak of world oil production.” After that is the “cliff,” which “begins in 2012 when an epidemic of permanent blackouts spreads worldwide, i.e., first there are waves of brownouts and temporary blackouts, then finally the electric power networks themselves expire.”34 According to Duncan, 2030 marks the end of industrial civilization and a return to “global equilibrium”—namely, the Stone Age.
Natural gas is also near peak production. Other fossil fuels, such as tar sands and coal, are harder to access and offer a poor energy return. The ecological effects of extracting and processing those fuels (let alone the effects of burning them) would be disastrous even compared to petroleum’s abysmal record.
Will peak oil avert global warming? Probably not. It’s true that cheap oil has no adequate industrial substitute. However, the large use of coal predates petroleum. Even postcollapse, it’s possible that large amounts of coal, tar sands, and other dirty fossil fuels could be used.
Although peak oil is a crisis, its effects are mostly beneficial: reduced burning of fossil fuels, reduced production of garbage, and decreased consumption of disposable goods, reduced capacity for superpowers to project their power globally, a shift toward organic food growing methods, a necessity for stronger communities, and so on. The worst effects of peak oil will be secondary—caused not by peak oil, but by the response of those in power.
Suffering a shortage of fossil fuels? Start turning food into fuel or cutting down forests to digest them into synthetic petroleum. Economic collapse causing people to default on their mortgages? Fuel too expensive to run some machines? The capitalists will find a way to kill two birds with one stone and institute a system of debtors prisons that will double as forced labor camps. A large number of prisons in the US and around the world already make extensive use of barely paid prison laborers, after all. Mass slavery, gulags, and the like are common in preindustrial civilizations. You get the idea.
Featured image: Mogolokwena Platinum Mine, South Africa
