The Center for Biological Diversity
For Immediate Release, August 18, 2021
Contact:
Julie Teel Simmonds, Center for Biological Diversity, (619) 990-2999, jteelsimmonds@biologicaldiversity.org
Sharon Lavigne, RISE St. James, (225) 206-0900, sharonclavigne@gmail.com
Anne Rolfes, Louisiana Bucket Brigade, (504) 452-4909, anne@labucketbrigade.org
Decision Follows Lawsuit, Permit Suspension, Public Pressure
WASHINGTON— The U.S. Army Corps of Engineers announced Wednesday it will require a full “environmental impact statement” for the massive petrochemical complex Formosa Plastics proposes to build in St. James Parish, Louisiana. The decision is a major victory for opponents of the plant, who sued to block the project in January 2020 and convinced the Army Corps to suspend its permit last fall.
Wednesday’s announcement means the Army Corps will now do a complete analysis of the public health, environmental, climate, environmental justice and cultural impacts of what would be one of the world’s biggest plastic-making plants. Plaintiff groups representing the Black and low-income communities affected by the project — from an already polluted industrial corridor known as Cancer Alley or Death Alley — have long said a proper environmental review would show the project should never be built.
“The Army Corps has finally heard our pleas and understands our pain. With God’s help, Formosa Plastics will soon pull out of our community,” said Sharon Lavigne with RISE St. James, who earlier this year was awarded the Goldman Environmental Prize for her work defending her community from petrochemical polluters. “Nobody took it upon themselves to speak for St. James Parish until we started working to stop Formosa Plastics. Now the world is watching this important victory for environmental justice.”
RISE St. James, Louisiana Bucket Brigade and Healthy Gulf were represented in the litigation over this permit by the Center for Biological Diversity. Local opponents of the project have been aggressively dismissed, arrested and publicly criticized over their work to stop this project, which received huge taxpayer subsidies from the state.
“Today’s announcement is the ultimate David v. Goliath victory,” said Anne Rolfes, executive director of Louisiana Bucket Brigade. “We were not scared of Formosa Plastics and its $9 billion project, or the fact that our governor has been cheering for Formosa all along. St. James Parish residents are the ones who have shown leadership and wisdom. What the Corps has done today is common sense. Of course one of the biggest plastics plants in the world should require an environmental impact statement. Our state and federal officials should have demanded it from the outset. I am hopeful that this is the nail in the coffin of Formosa Plastics in St. James Parish. And don’t try to build somewhere else. Pack up and go home.”
The proposed facility would emit 13.6 million metric tons of greenhouse gases each year, the equivalent of 3.5 coal-fired power plants. It will also produce 800 tons of toxic air pollutants annually, doubling air emissions in St. James Parish, to produce plastic for single-use packaging and other products. Recent studies have linked exposure to air pollution with higher COVID-19 death rates. It’s one likely factor in the disease’s disproportionate impact on Black Americans.
The lawsuit sought to invalidate Clean Water Act permits issued by the Army Corps in 2019. It asserted that officials violated federal laws in approving the destruction and damage of wetlands, which help protect the region from hurricanes that are intensifying with climate change. The Corps also ignored the water, air, climate, and health impacts of the complex and failed to properly evaluate and protect burial sites of enslaved people discovered on the property.
“This long-overdue review will show the unacceptable harm Formosa Plastics’ massive petrochemical complex would inflict on this community, our waterways, and our climate,” said Julie Teel Simmonds, a senior attorney at the Center. “This terrible project shouldn’t have been rubber-stamped and it should never be built. Climate action and environmental justice mean we have to stop sacrificing communities and a healthy environment just to make throwaway plastic.”
The growing chorus of project opponents includes the United Nations Office of the High Commissioner on Human Rights, which called the project “environmental racism” in March and urged U.S. officials to reject the project.
Formosa Plastics’ massive proposed petrochemical complex would include 10 chemical manufacturing plants and numerous support facilities, spanning 2,500 acres, just one mile from an elementary school. By turning fracked gas into the building blocks for a massive amount of single-use packaging and other wasteful plastic products, the project would worsen climate change and the ocean plastic pollution crisis.
Last year Formosa Plastics agreed to pay a record $50 million in cleanup and restoration costs to settle a civil lawsuit after its Point Comfort plant discharged billions of plastic pellets into Texas waterways over many years. That settlement included a commitment to zero future plastic discharges from the Texas plant — a standard that has not been applied to its plant in Louisiana.
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.
RISE St. James is a faith-based organization working to protect the land, air, water and health of the people of St. James Parish from the petrochemical industry.
The Louisiana Bucket Brigade collaborates with communities adjacent to petrochemical plants, using grassroots action to create an informed, healthy society and hasten the transition from fossil fuels.
Healthy Gulf is a regional nonprofit whose purpose is to collaborate with and serve communities who love the Gulf of Mexico by providing the research, communications, and coalition-building tools needed to reverse the long pattern of over exploitation of the Gulf’s natural resources.
This article originally appeared in Common Dreams.
“We must keep Arctic oil in the ground if we want a livable planet for future generations.”
By Jake Johnson
A federal judge on Wednesday tossed out construction permits for a sprawling, multibillion-dollar Alaska oil drilling project that the Trump administration approved and the Biden Interior Department defended in court earlier this year, infuriating Indigenous groups, climate advocates, and scientists.
In a 110-page decision (pdf), Judge Sharon Gleason of the U.S. District Court for Alaska ruled that the Trump administration failed to adequately consider the climate impacts of the Willow project, which—if completed—would produce up to 160,000 barrels of oil a day over a 30-year period.
“We are hopeful that the administration won’t give the fossil fuel industry another chance to carve up this irreplaceable Arctic landscape with drilling rigs, roads, and pipelines.”
—Jeremy Lieb, Earthjustice
Specifically, Gleason deemed “arbitrary and capricious” the Bureau of Land Management’s failure to include potential greenhouse gas emissions from foreign oil consumption in its analysis of the project, which was planned by ConocoPhillips. Gleason also faulted the U.S. Fish and Wildlife Service for not detailing how polar bears would be protected from the massive fossil fuel initiative, which would include the construction of several new oil drilling sites and hundreds of miles of pipeline.
A spokesperson for ConocoPhillips said the company intends to weigh its options in the wake of the judge’s decision, which environmentalists hailed as a “resounding win” for the climate.
“We were very surprised to see the Biden administration, which has promised historic progress on climate change, defending this plan in court—but today’s decision gives the administration the opportunity to reconsider the project in light of its commitment to address the climate emergency,” Earthjustice attorney Jeremy Lieb said in a statement. “We are hopeful that the administration won’t give the fossil fuel industry another chance to carve up this irreplaceable Arctic landscape with drilling rigs, roads, and pipelines.”
“We must keep Arctic oil in the ground if we want a livable planet for future generations,” Lieb added.
Kristen Miller, acting executive director at the Alaska Wilderness League, said Gleason’s ruling vindicates environmentalists’ warnings that “the Trump bureau downplayed the significance of climate change, underestimated emissions, and ignored the concerns of local Indigenous communities toward increased oil and gas extraction in the region.”
“The Biden administration must now review Willow with a fresh eye,” said Miller. “The reality is that a massive oil project like Willow, so close to local communities and projected to emit hundreds of millions of metric tons of CO2 into the atmosphere over the course of its lifetime, moves us away from our nation’s long-term climate and environmental justice goals and simply should not move forward.”
The Willow decision comes as the Biden administration is facing mounting criticism from lawmakers for shielding major fossil fuel projects from legal challenges. In recent weeks, scientists have made increasingly clear that oil and gas extraction must stop immediately if the worst of the climate crisis is to be averted.
On Monday, dozens of Democratic members of Congress sent a letter imploring President Joe Biden to revoke permits for Line 3, a major pipeline project that would damage the climate as much as 50 new coal-fired power plants.
“President Biden: please quit greenlighting fossil fuel projects!” Sen. Jeff Merkley (D-Ore.), one of the lawmakers who led the Line 3 letter, tweeted last week. “This must stop.”
This article originally appeared in Protect Thacker Pass.
By Max Wilbert
The great poet and playwright James Baldwin wrote in 1953 that “People who shut their eyes to reality simply invite their own destruction.”
Perhaps never has this been truer than in this era of converging ecological crises: global warming, biodiversity collapse, desertification and soil erosion, ocean acidification, dead zones, plastic pollution, sprawling habitat destruction, and the total saturation of our environment with radioactive or toxic chemicals.
Ignorance is not bliss; it is dangerous.
That is why I am so concerned that, while searching for solutions to global warming, many people imagine that fossil fuels can be simply replaced with solar and wind energy, that gas tanks can be swapped for lithium batteries, and that this will solve the problem.
For years, I have been arguing that this is wrong, and that we need much more fundamental changes to our economy, our society, and our way of life.
For the last 6 months, I have been camped at a place in northern Nevada called Thacker Pass, which is threatened by a vast planned open-pit mine that threatens to destroy 28 square miles of biodiverse sagebrush habitat, release millions of tons of greenhouse gas emissions, bulldoze Paiute and Shoshone sacred sites, and leave behind piles of toxic waste for generations to come.
Electric cars and fossil fuel cars don’t differ as much as lithium mining companies would like us to believe. In fact, a direct link connects the water protectors fighting the new Line 3 oil pipeline in the Ojibwe territory in Minnesota and the land defenders working to protect Peehee Mu’huh, the original name for Thacker Pass in the Paiute language.
The new Line 3 pipeline would carry almost a million barrels a day of crude oil from the Alberta Tar Sands, the largest and most destructive industrial project on the planet, to refineries in the United States. On the way, it would threaten more than 200 waterbodies and carve a path through what CNN called “some of the most pristine woods and wetlands in North America.” The project would be directly responsible for millions of tons of greenhouse gas emissions.
For the last 7 years, indigenous water protectors and allies have rallied, petitioned, established resistance camps, held events, protested, and engaged in direct action to stop the Line 3 pipeline from being built. More than 350 people have been arrested over the past few months, but pipeline construction continues to progress for now.
Ironically, the proposed Thacker Pass lithium mine would require importing nearly 700,000 tons of sulfur per year — roughly equivalent to the mass of two Empire State Buildings — for processing the lithium. This sulfur would likely come (at least in part) from the Alberta tar sands, perhaps even from oil that would flow through Line 3.
Almost all sulfur, which is used in a wide range of chemical processes and fertilizers, comes from oil and gas refineries, where it’s a byproduct of producing low-sulfur fuels to meet air-quality regulations around acid rain.
According to the U.S. Geological Survey, tar sands contain 11 times as much sulfur as conventional heavy crude oil, and literal “mountains” of sulfur are piling up in Alberta and at other refineries which process tar sands fuel. Sulfur sales revenue is important to the economics of tar sands oil extraction. One report released in the early years of tar sands extraction found that “developing a plan for storing, selling or disposing of the sulfur [extracted during processing] will help to ensure the profitability of oil sands operations.”
This means that Thacker Pass lithium destined for use in “green” electric cars and solar energy storage batteries would almost certainly be directly linked to the Line 3 pipeline and the harms caused by the Tar Sands, including the destruction of boreal forest, the poisoning of the Athabasca River and other waters, and an epidemic of cancers, rare diseases, and missing and murdered indigenous women facing Alberta First Nations. And, of course, the tar sands significantly exacerbate global warming. Canadian greenhouse gas emissions have skyrocketed over recent decades as tar sands oil production has increased.
Mining is exceptionally destructive. There is no getting around it. According to the EPA, hard-rock mining is the single largest source of water pollution in the United States. The same statistic probably applies globally, but no one really knows how many rivers have been poisoned, how many mountains blown up, how many meadows and forests bulldozed for the sake of mining.
The water protectors at Line 3 fight to protect Ojibwe territory, wild rice beds, and critical wildlife habitat from a tar sands oil pipeline, oil spills, and the greenhouse gas emissions that would harm the entire world. Here at Thacker Pass, we fight the same fight. The indigenous people here, too, face the destruction of their first foods; the poisoning of their water; the desecration of their sacred sites; and the probability of a toxic legacy for future generations. I fight alongside them for this place.
Our fights are not separate. Our planet will not cool, our waters will not begin to flow clean again, our forests will not regrow, and our children will not have security unless we organize, stop the destruction, and build a new way of life. The Line 3 pipeline, and all the other pipelines, must be stopped. And so must the lithium mines.
The wind howls at Thacker Pass. Rain beats against the walls of my tent. A steady drip falls onto the foot of my sleeping bag. It’s June, but we are a mile above sea level. Summer is slow in coming here, and so the storm rages outside, and I cannot sleep. Nightmare visions of open-pit mines, climate breakdown, and ecological collapse haunt me.
James Baldwin gave good advice. In this time, we must not shut our eyes to the reality that industrial production, including the production of oil and the production of electric cars, results in industrial devastation. And with our eyes wide open, we must take action to protect our only home, and the future generations who rely on us.
Also available at The Sierra Nevada Ally, Dispatches from Thacker Pass series.
For more on the Protect Thacker Pass campaign
#ProtectThackerPass #NativeLivesMatter #NativeLandsMatter
Editor’s note: In addition to running away from the unnormal normal this culture has created (which in my understanding means to stop identifying with the culture of empire which most people perceive as normal) we must take bold action to protect our only home, and the future generations who rely on us.
Featured image: “Strip” by Nell Parker
This article originally appeared on the blog By My Solitary Hearth.
By Eliza Daley
Central Vermont is under a heat advisory today. There is also smoke from fires on the opposite side of the continent, though rains are periodically washing it out of the sky. Thus sometimes we don’t have the air quality advisory to go with the heat, though last night I could see no Perseid meteors through the combined haze of smoke particulates and equatorial Atlantic humidity. In my small and rural county where around 83% of the eligible population is vaccinated, Delta variant cases are sending people to the hospital at roughly ten times any rate that has been seen in the previous eighteen months of pandemic. A local summer camp outbreak is at 25 sick kids and increasing. Local schools are scrambling to figure out how to pack our unvaccinated children back into classrooms in a few days with no good ideas and quite a lot of hand-wringing. My co-worker on a landscape job had to pull a dead rat out of an active well this week. And there are no tomatoes.
These are the headlines of ecological collapse. This is not normal. There will be no return to normal. Normal was not normal. Normal, as we defined it in the late 20th century, was an ecological aberration, unsustainable in every way. We were merrily gobbling up all the easily accessible resources, especially those that create the abundant energy necessary to gobble up the rest efficiently (meaning profitably, not practically). We dug up, concentrated, and synthesized poisons of all sorts, relying on the magnanimous Earth to scatter and diffuse the toxins, murdering billions of life-forms in the process, right down to the life-sustaining microbes in our own digestive tracts. We killed off much of the biosphere both intentionally — as in the case of insect population crashes due to widespread insecticide use — and accidentally — as in the heat-induced bleaching of coral that is collapsing ocean ecosystems worldwide. We harvested far more than we needed of nearly every natural resource and agricultural product in order to turn the biosphere into wealth for some humans. And we concentrated far too many of ourselves into geographical areas that can’t produce the means to meet our needs at all — but are remarkably good at meeting the needs of viruses and other agents of infection. This is what normal has created.
This overly-hot summer, I’ve seen far too many bleating demands to return to normal. They claim that we have to get back to working in the resource intensive and micro-managed environments of our bullshit jobs. We have to send our kids back to over-crowded classrooms and day-care centers, mostly so that we are then free to go back to the office. We have to fly and drive and spend money on tourism and the service industry. We have to buy stuff — though this last is somewhat muted because there are many ineradicable kinks in the stuff supply lines and there is much less stuff to buy. We have to go to the movies.
Yes, that was an actual New York Times opinion piece. A rather long complaint about the writer’s diminished movie-watching joy because he sat in an empty theater. He also complained about the recent lack of mob emotion at sporting events and music venues and a reduced capacity to gossip around the office water cooler. I think maybe this person needs some real social bonding so he doesn’t have to rely on these shoddy substitutions. However, it must be pointed out that this is the type of person with a New York Times publishing platform. A person in a privileged position of power, influence, and wealth who has such inferior family and friendship ties that he must seek out relief to his feelings of isolation in economic activity. This is what normal has created.
This is what normal has created. But it will not continue. It will not continue not because we will stop it. We are not stopping. We are bleating about our inability to get back to normal. We are endeavoring in every way to keep that normal churning out death and destruction and isolation. The most vocal among us, those with the most wealth and status and public reach, are not even looking to a world that does not include normal. But that world exists; that world is the real world that is ruining normal for us. And it is winning. Normal is not normal. Normal is not sustainable. And the world is showing us that this is true in no uncertain terms, no matter all bleating to the contrary.
Normal will end, probably has ended in spite of all our efforts and bleating, because it is artificial and unsustainable. Reality wins every time. It has taken a while in human terms (though almost no time in geological terms), but normal is losing. In smokey air that covers a continent, normal is revealed as the aberration it always was. In variant viruses that fill hospitals and sicken our children, we see that normal is failing. In the sad isolation that cries out for contact of any synthetic form, we know that normal is wrong.
This week there was a kerfuffle over the latest IPCC report, telling us what we already know of the death of our normal. We have heated the planet — through burning fossil fuels — past any hope of averting disastrous change. They do not use the hyperbolic language because they are not allowed to do so, but the message is quivering underneath their stolid words. They are telling us that the normal we created has destroyed itself. There is no evidence that we can save it. It was never real enough to perpetuate without nearly infinite resources fed into it daily to prop it up in the face of reality. There is nothing of our normal to save.
However, there is everything else. And for that everything, we must make some efforts. I’m not sure I agree with the IPCC findings, but they say there is still hope of saving something of this real world — with some mighty big IFs. IF we reduce our greenhouse gas emissions to net zero by 2050 and IF no tipping points are breached, we have about a random chance — a coin flip probability — of remaining below 2°C of warming and recovering a true normal in some century down the road. These big IFs incorporate some even bigger IFs. To reduce emissions to net-zero means that we need to remove carbon from the atmosphere — with technology that we do not have or natural draw-downs that we have not yet planted. Trees need time to root in and mature, time that does not remain in this IPCC budget. And as to tipping points, we’ve already seen accelerated rates of warming and melting in the polar regions. We’ve already seen population crashes that happen in a year or two. We’ve already seen crushing feedback loops that decimate large portions of the hydrosphere overnight. In other words, we’ve already seen intensification in rates of change that indicates without much doubt that we’ve already breached many known tipping points. The main point of doubt now is what surprises await us.
So I don’t know about the hope of the IPCC. What I do know is that we can all build our own small resilience, and in doing that we might be better able to both effect a carbon draw-down and save what we can of the real world — the world we depend upon. We are already imbedded in the real world. Our failing normal tells us this. If we stop making huge efforts to prop it up, it will go away entirely. Very likely it will go away rapidly. Collapse, when it does happen, is a tipping point. It is sudden and largely uncontrollable. It will hurt. But my suspicion is that it will hurt money and privilege more than it will hurt people and places — largely because our normal doesn’t benefit most people or places. It hurts them. It’s my hope that removing this hurt will balance out the hurt that collapsing normal might cause for most people. Money and privilege can bear the hurt — they are not even as real as normal.
I don’t know about the hope of the IPCC, but I do have hope still. Ironically, it comes from the very headlines that scare me, the very air that is cooking my body and choking me. These tell me that the normal we created is destroying itself rapidly. These headlines are also showing me that we probably can survive that destruction. Not all of us, not without pain, not without massive upheaval. But we are surviving. We are coming together to help each other. We are building new systems to support ourselves in the face of the collapse of the old ones. And large numbers of people are turning their backs on the bleaters. Because humans are a rather practical bunch when it comes down to it, and the practical solution is to run away from all this isolation and destruction and help each other. We’re very good at running away from pain. And at helping each other — as long as we’re not being constrained by artificial normals.
So I’ll bear the smoke and heat and diseases philosophically — though not without grumbling. And I think most of you will do the same. And together we’ll get through this. Mostly by running away.
But I just don’t know about the tomatoes…
By Carlos Zorrilla with Arden Buck and David Pellow
Resistance to mining is growing worldwide. Although extractive companies are powerful, they are also vulnerable.
About this guide
This guide is intended for leaders and organizers who can work with communities to carry out local actions, and who can also work at the regional, national, and international levels. It describes aspects of the mining process and the dangers your community faces when mining companies seek to operate in your community (Sect. 1), the many strategies you can use to fight back (Sect. 2 and Appendices A and B), examples of successful resistance by communities who fought back (Appendix C), and helpful resources in a companion volume (Supplement). Our hope is that with this guide, you too can succeed in protecting your community against these dangers.
This guide is not only for mining.
Most of the tactics and countermeasures described herein apply equally well to other extractive and exploitative activities: oil, gas, logging, various polluting industries, and large hydroelectric dams. Most activities proposed by large corporations, although they promise benefits, ultimately devastate local communities and their surroundings. If your community is targeted, it is essential to organize and resist. Acknowledgements: The material in this guide draws on the experience of several experts on mining and its impacts, particularly principle author Carlos Zorrilla. The guide came about because he realized that other communities around the world could benefit from the knowledge and experience that he and his colleagues gained while fighting to keep his area from being destroyed by mining companies.
Download the whole guide as PDF here:
This article originally appeared in Mongabay.
Featured image: The map of Bangka in Indonesia. Image courtesy of Ewesewes/Indonesian Wikipedia.
JAKARTA — A court in Indonesia has acquitted six villagers in a dispute against a tapioca factory, ruling that the criminal charges, allegedly brought at the behest of the company, were frivolous and could not be used to silence criticism of environmental violations.
Experts have hailed the ruling as unprecedented, as it marks the first time in Indonesia’s legal history in which a court has thrown out litigation considered a form of “strategic lawsuit against public participation” or SLAPP.
SLAPP typically describes any kind of litigation with little to no merit that’s brought with the aim of censoring, intimidating or silencing critics speaking out against those in power or on issues of public interest.
This particular case revolves around a conflict between villagers on Bangka Island, off the southeast coast of Sumatra, and a tapioca flour mill operated by PT Bangka Asindo Agri (BAA).
Since the company began operating in 2017, residents of the village of Kenanga have complained about the pungent stench coming from the waste churned out by the nearby mill. Heti Rukmana, 29, whose house is 700 meters, or less than half a mile, from the factory, said the smell was so foul and intense that she had trouble breathing.
“Whenever the rotten stench comes, I feel nauseous and want to throw up,” she told Mongabay. “My first child had a problem in her lungs when she was born. So whenever there’s a foul smell, I take my daughter to her room and close the door. I’m scared that she’ll suffocate.”
After repeatedly failing to get the company to address the issue, the villagers prepared to bring a class-action lawsuit in May 2020. Spearheading that move were six villagers, including Heti, who served as neighborhood unit chiefs at the time.
In June 2020, the six villagers were reported by a local to the police for organizing a meeting to discuss the plan, on the grounds that they were no longer serving as neighborhood unit heads by then.
Prosecutors then brought the case to a district court in Sungailiat, the Bangka district seat, charging the villagers with impersonating officials.
Lawyers representing the villagers tried to get the court to dismiss the case by arguing that the organizing of the meeting was an act to defend the residents’ rights to clean air and a healthy environment. This right is enshrined in the 2009 Environmental Protection and Management Law, which states that no criminal charges may be brought against anyone for campaigning for their right to a clean environment. The article is commonly referred as an anti-SLAPP measure to thwart malicious lawsuits.
Nevertheless, the court proceeded to rule the six villagers guilty of the impersonation charge, arguing that their crime wasn’t related to the residents’ fight for a clean environment. The court sentenced them to a month in prison, prompting them to file an appeal with the provincial high court.
At the high court, the judges agreed with the villagers, saying their right to fight for a clean environment is protected under the 2009 environmental protection law and thus they can’t face criminal charges for exercising that right. The high court subsequently overturned the district court’s ruling, acquitting Heti and the five other former neighborhood unit chiefs.
“The defendants’ actions were merely to give the public [an opportunity to] participate in the public interest on the effect of pollution in the form of smell caused by the production activities of PT BAA,” the high court judges said in their verdict.
The legal victory for the six villagers is monumental as it is the first time an Indonesian court has ruled in favor of environmental defenders by using the anti-SLAPP article in a criminal case.
But the case should never have gotten as far as the high court, and the villagers should never have been jailed in the first place if police investigators and prosecutors had acknowledged early on that the charges were malicious and frivolous, according to the Indonesian Center for Environmental Law (ICEL), an NGO.
As such, this verdict should serve as a stepping stone toward better protection for communities and activities against SLAPP, ICEL executive director Raynaldo Sembiring said. A stand-alone regulation and law would provide that stronger protection, he added.
“The anti-SLAPP mechanism is not strong yet because we don’t have regulations or policies that could be implemented, except for the anti-SLAPP article [in the 2009 environmental protection law],” Raynaldo said. “So we could start discussing the opportunity to have an anti-SLAPP law.”
Such a law would provide a stronger guarantee for public participation, protection and remedy, and clearer authority for law enforcers to stop SLAPP cases as early as possible.
But the prospects of passing such a law are weak, given parliament’s track record of stalling legislation aimed at protecting public interests, versus its zeal for fast-tracking controversial bills aimed at environmental deregulation in favor of business interests.
“Therefore, we hope that the government could draft an implementing regulation for the anti-SLAPP article as soon as possible, possibly in the form of a ministerial regulation,” Raynaldo said.
However, even without having stand-alone regulations in place, law enforcers are actually able to stop SLAPP cases before they go to court, since a mechanism to end investigations and prosecutions already exists in the country’s Criminal Code.
“This is also an important moment for investigators to coordinate with ministers, the Attorney General’s Office and the police,” Raynaldo said. “These institutions can build communication and stop [SLAPP] cases as early as possible.
“In the past, it might have been difficult because there were no rulings that used the anti-SLAPP article,” he added. “That’s why this ruling should be a stepping stone to be replicated [in future cases].”
Muhnur Satyaprabu, a lawyer for the six Kenanga villagers, said the district court’s guilty verdict is an example of how local communities are fighting an uphill battle against polluters and law enforcers who often side with corporate interests.
He said there were irregularities throughout the legal process, with the lawyers denied the right to present supplemental evidence, on the grounds that the new evidence hadn’t been entered into the court dossier. Yet the district court judges allowed prosecutors to present additional witnesses who also were not listed in the dossier.
Muhnur also pointed to irregularities in how the police dealt with the case, particularly the detention of the six villagers: Heti was two months pregnant at the time, and another of the villagers was recovering from a stroke.
Heti said she was placed in a cell block with 39 male inmates. After eight days in the police’s detention center, the six villagers were transferred to a larger prison, where they spent another 14 days.
During her time there, Heti said she asked the warden whether she could spend time outdoor to get some sunshine for the health of her fetus.
“But I wasn’t allowed,” she said. “So [I spent] 18 days in a closed room, with no sunlight at all. I slept on a tiled floor with no mat.”
Heti said the villagers were also intimidated during their time in prison to dismiss their lawyers — something that Heti vehemently opposed. She added didn’t feel scared because she knew she hadn’t done anything wrong.
“But I did miss my family because I have a 2-year-old daughter,” she said. “And I felt disappointed because the person who reported us [to the police] was our own neighbor, instead of the company. So we’re being pitted against each other [by the company].”
Heti said she believed BAA was be behind the lawsuit, regardless of the fact that it was her neighbor who reported them to the police. For one thing, she said, when police were interrogating them, one of the investigators said they could be released if they just apologized to the company.
“The police officer himself said, ‘You disturbed the company, you disturbed people with money. If you want this case to end, go ahead and apologize to the company,’” Heti said.
She said she was also approached by police and state security officers three times prior to being reported to the police. On each occasion, she said, they told her to stop speaking out against BAA. They offered her 50 million rupiah ($3,500) and a used car in exchange for her silence, Heti added.
She said there was no way she would sell out her village for an old car.
“I just wanted the waste to stop [polluting my village],” Heti said.
BAA has denied allegations that it was behind the lawsuit.
“We see that there’s an effort to link this [case] with PT BAA,” the company’s lawyer, Arifin Joshua Sitorus, said during a hearing before parliament on April 7. “But actually there’s no connection between the case and PT BAA.”
Muhnur said all the irregularities highlighted in the case point to abuses of power, and therefore strengthen suspicions that the villagers are being criminalized for standing up against the company.
“The lesson here is that abuse of power at the local level is rampant, especially when it comes to environmental defenders,” he said. “They’re very prone to criminalization. Their protection is not strong because the media and the civil society are not strong enough.”
Arifin, however, said it was BAA that was the victim of criminalization in this case, since the environment ministry filed a lawsuit in March against the company for unpermitted pollution.
He said the lawsuit should have been a last legal resort, after other forms of punishment, such as administrative sanctions.
“[But the ministry] had never given [BAA] administrative sanctions [before the lawsuit], and law enforcement suddenly came out of nowhere,” Arifin said. “This is what we perceive as an effort to criminalize [BAA].”
The environment ministry’s law enforcement chief, Rasio Ridho Sani, said the government was entitled to file a lawsuit against a polluter if their activities had caused an impact, as in the case of BAA.
Arifin denied that BAA had polluted the environment, saying the company has the best wastewater management system of the five tapioca factories operating in Bangka. Firdianto, BAA’s owner and president, said the factory’s operations had indeed produced a pungent smell in the first two years, but that subsequent treatment of the liquid waste had put an end to the smell.
“[In] 2019, [the smell] was practically completely gone,” Firdianto said at April’s parliamentary hearing. “All of our waste has met [regulatory] standards.”
Heti, though, said the smell is still there, even though it comes and goes depending on the direction of the wind, and is not as intense as when the factory started operating.
The environment ministry also found during its investigation in 2020 that the level of methanethiol — a colorless, flammable gas with the distinctly putrid odor of rotten eggs — produced by the factory exceeded regulatory limits.
Darori Wonodipuro, a lawmaker from the Gerindra party who paid an impromptu visit to the factory in November 2020, said the smell was so strong that he could barely stand it.
“Ten minutes [there] and we were already asking to go home because [we] couldn’t stand the smell,” he said during the hearing with the BAA representatives.
Arifin, the company’s lawyer, called on parliament to intervene and stop the environment ministry’s investigation, which he called “thick with arrogance.”
Darori said parliament should not interfere with the ministry’s legal efforts, adding the case should be settled in court.
This is not the first time BAA has sought protection against the environment ministry’s probe and lawsuit. Rasio, the ministry’s enforcement head, said BAA has been resisting efforts to investigate the factory’s operations. He said the company had failed to make officials available for questioning whenever the ministry summoned them.
Instead of cooperating in the investigation, the company sent letters in May 2020 to various government institutions, including the president, the state intelligence agency, the police and the Attorney General’s Office, accusing the environment ministry of criminalizing BAA, according to Rasio.
And the company also refused to sign the minutes drawn up by the ministry after inspectors had conducted a field investigation, he added.
“We have handled so many cases, thousands of them, but this resistance by PT BAA is not right,” Rasio said. “They should just explain the matter to us.”
Rasio added the ministry would proceed with its case despite the company’s belligerence.
Heti said the Kenanga villagers would also continue with their fight, even though some of them are still fearful of ending up in jail.
“We won’t back off. I myself am still posting news [about the smell] on social media,” she said. “People should realize that this company is not right. Instead of working on its waste [management], we were pitted against each other and against law enforcers. So we have to fight.”