by DGR News Service | Jun 27, 2019 | Biodiversity & Habitat Destruction, Colonialism & Conquest, People of Color & Anti-racism, Repression at Home
Editors Note: the international refugee crisis is driven by war, imperialism, and destruction of the planet. In other words, it is driven by civilization, or “the culture of empire.” DGR is opposed to empire and we see the refugee crisis as a humanitarian emergency. We believe that the best way to fight this crisis is to fight it’s underlying cause, by dismantling civilization. Learn more on the DGR website.
By the International Mayan League
www.mayanleague.org
Washington, D.C. – May 16, 2019 – Today, the International Mayan League denounces the latest victim of death and murder at the U.S/Mexico border, a 2 ½ year-old toddler, a boy from Chiquimula, Guatemala. This tragic loss comes on the heels of the death of 16-year-old Juan de León Gutiérrez of the Maya Ch’orti’ people – also from Chiquimula. For the last year our people have been under constant attacks at the border. Since May 2018 we have lost five lives from Guatemala. First, Claudia Patricia Gómez González (Maya Mam) 20 years old who was shot in the head by a Customs and Border Patrol (CBP) Agent; then 7-year-old Jakelin Caal (Maya Q’eqchi’), and 8-year-old boy Felipe Gomez Alonzo (Maya Chuj) both died in December while in CBP custody. Now, we have lost two more lives. How many more children must die before there is collective outrage, actions, denouncements? How many more times do we need to say this is a crisis specifically affecting indigenous children and youth?
We, indigenous peoples, are the majority in Guatemala and continue to be disproportionately impacted because our basic human rights are denied by the Guatemalan government and all sectors of society. We are forced to flee only to encounter inhumane treatment and human rights violations at the U.S./Mexico border in violation of international law. The Guatemalan and the United States governments must be held accountable for the deaths of our children. Impunity for their deaths is not an option and we demand justice and peace for their families.
Children, explicitly indigenous children, are some of the most victimized. In fiscal year 2019 alone, 19,991[1] Guatemalan unaccompanied children have been apprehended at the border. The number of Guatemalan family units has soared to 114,778, the highest for all the Central American countries[2]. Considering indigenous peoples are the majority in Guatemala, contrary to government admission, we strongly believe that these statistics reflect that thousands of Maya children and families are seeking refuge. Their indigenous identities must be acknowledged and documented.
Each indigenous child whose life has been stolen was forced to migrate because they are the most affected by centuries of structural inequality and discrimination in Guatemala. They often have no future in their rural and extremely impoverished communities. Many have little access to formal education and likely only speak their native language, an additional barrier that hinders their communication with authorities or service providers when migrating. We are outraged by these tragedies and demand the following from the government of the United States. There must be exhaustive, fair and transparent investigations by the Office of the Inspector General, Department of Homeland Security into all the deaths at the border; a dialogue with leaders of the Guatemalan Maya diaspora for the development of humane immigration policies; and recognition and implementation of the U.N. Declaration on the Rights of Indigenous Peoples and the American Declaration on the Rights of Indigenous Peoples as the bare minimum standard for the respect and protection of indigenous peoples’ rights in forced migration.
Almost exactly at the 1-year anniversary of the murder of Claudia Patricia Gómez González of the Maya Mam Nation, we are reliving another nightmare, the death of a toddler. We are tired of being treated as if our lives do not matter. We will not stand idly by as our children are murdered by inhumane policies and practices rooted in hatred, fear, and racism.
[1] https://www.cbp.gov/newsroom/stats/sw-border-migration/usbp-sw-border-apprehensions
[2] Ibid.
The International Mayan League has been working in defense of indigenous human rights for many years, and since last year, trying to raise awareness that most of the children, youth, and families coming from Guatemala are indigenous. They are a Mayan women-led grassroots organization working directly with and for their people, and are entirely volunteer-based.
by DGR News Service | Jun 26, 2019 | Climate Change
by Kollibri terre Sonnenblume / Macska Moksha Press, republished with permission
A June 15th headline elicited feelings in me of both shock and déjà vu: “Climate change: Arctic permafrost now melting at levels not expected until 2090” [Independent, June 15, 2019]. Shock because that’s quite a bit ahead of time. Déjà vu because how often does a climate change headline or story use a phrase like that? “At levels not expected until” or “faster than expected” or “sooner than predicted”? I opened a search engine and started plugging in these and other variants to find out. It didn’t take long to answer my question: regularly, as it turns out.
Here are a few examples, from 2014 to the present [all emphasis is mine]:
- “As the Climate Council has reported, hot days have doubled in Australia over the past half-century. During the decade from 2000 to 2009, heatwaves reached levels not expected until the 2030s. The anticipated impacts from climate change are arriving more than two decades ahead of schedule.” [“‘It’s been hot before’: faulty logic skews the climate debate,” The Conversation, February 20, 2014]
- “Climate change will reduce crop yields sooner than thought” (University of Leeds study) [Science Daily, March 16, 2014]
- “New research shows climate change will reduce crop yields sooner than expected” (different study) [Arizona State University, March 25, 2014]
- “Dangerous global warming will happen sooner than thought – study: Australian researchers say a global tracker monitoring energy use per person points to 2C warming by 2030″ [The Guardian, 9 March 2016]
- “Scientists Warn Drastic Climate Impacts Coming Much Sooner Than Expected: Former NASA scientist James Hansen argues the new study requires much faster action reducing greenhouse gases.” [Inside Climate News, Mar 22, 2016]
- “Florida Reefs Are Dissolving Much Sooner Than Expected” [ClimateCentral, May 3, 2016]
- “Scientists caught off-guard by record temperatures linked to climate change:” “We predicted moderate warmth for 2016, but nothing like the temperature rises we’ve seen” [Thomson Reuters Foundation, July 26, 2016]
- “Ice-free Arctic may happen much sooner than predicted so far: study” [DownToEarth, 16 August 2018]
- “Ground that is not freezing in the Arctic winter could be a sign the region is warming faster than believed” [“Scientists surprised to find some Arctic soil may not be freezing at all even in winter,” CNBC, Aug 22 2018]
- “Paris global warming targets could be exceeded sooner than expected because of melting permafrost, study finds” [Independent, 17 September 2018]
- “Climate change impacts worse than expected, global report warns” [National Geographic, October 7, 2018]
- “Ocean Warming is Accelerating Faster Than Thought, New Research Finds” [NY Times, Jan 10th, 2019]
- “Scientists warn climate change could reach a ‘tipping point’ sooner than predicted as global emissions outpace Earth’s ability to soak up carbon” [Daily Mail, 23 January 2019]
- “Scientists who study the northern Bering Sea say they’re seeing changed ocean conditions that were projected by climate models – but not until 2050.” [“Bering Sea changes startle scientists, worry residents,” AP, Apr 13, 2019]
- “New Climate Report Suggests NYC Could Be Under Water Sooner Than Predicted” [Gothamist, May 21, 2019]
- “Antarctic Ice Sheet Is Melting Way Faster Than Expected, Scientists Warn” [Huffington Post, 06/14/2018]
- “Arctic Permafrost Melting 70 Years Sooner Than Expected, Study Finds” (The original source for the Independent article) [Weather.com, June 14th, 2019]
So why does this keep happening? There are several reasons:
#1: IPCC as standard-setter
In the contrast between reality and predictions, the conventional baseline for predictions is set by the IPCC, the United Nations Intergovernmental Panel on Climate Change. For governments, NGOs and media, the IPCC reports are the institutional yardstick.
However, the bureaucratic process that produces IPCC reports is not exclusively scientific. Final documents are created by consensus among all the participants, some of whom are policy-makers without scientific backgrounds or knowledge. Political concerns come into play, such as how the recommendations will affect their home industries and what kind of story they’re trying to sell to their populace. Additionally, because this process is slow, the data is not current. When an IPCC report is released, the numbers in it are often at least five years old.
In describing how the IPCC operates, Meteorologist Nick Humphrey said: “Essentially making sure it’s not too dire [and] shows economic paths to success.” Clearly, such methodology has been giving us a picture that underestimates the true situation, and that is not in anybody’s interest.
#2: The Situation is Complex
Though the over-arching term is “global warming,” the situation isn’t as simple as consistently increasing temperatures in all areas all the time. For example, a warming Arctic has destabilized the jet stream, and in some cases this has sent polar air south, chilling regions to below their normal ranges. Such local cold snaps are not the proof that global warming isn’t real, as some claim when they happen, but rather a demonstration of how real it is.
Further, multiple feedback loops are in effect which are not fully understood or easily predictable individually, let alone in the aggregate. For example, less ice in the Arctic Sea leads to more heat being absorbed by the ocean (since open water is darker in color than ice), which in turn leads to higher temperatures. Higher temperatures in the region lead to more permafrost thawing, which releases methane into the atmosphere, increasing temperatures further. Which leads to more ice melting… (For more, see Dahr Jamail’s “How Feedback Loops Are Driving Runaway Climate Change.”)
Those are only two of many, many factors—all interrelated in ways we don’t understand—that all have their own “tipping points,” which are events when runaway change strikes, leading to rapid transformations. We have yet to experience one of those in modern times, but paleoclimatologists have found evidence of these events in the past. (The last such period, the Younger Dryas—12,900 to 11,700 years ago—corresponds to the rise of agriculture in the Mideast, which—ironically—established both civilization and ecocide, leading us directly to our sorry situation today.)
A little-discussed and poorly-understood factor in all these trends is climate sensitivity, and the difference between short and long term sensitivity. For a brief explanation, I quote Peter Wadhams, Professor of Ocean Physics, and Head of the Polar Ocean Physics Group in the Department of Applied Mathematics and Theoretical Physics, University of Cambridge, who commented:
“There is a big difference between the short term sensitivity, which is used to calculate warming over a few years, and the long term sensitivity which represents how much warming the earth is going to be subjected to if you don’t add more CO2 but let the effects of the present levels work their way fully through the climate system. Short term sensitivity is 2-4.5 C, but long term is more like 10C. The crime of IPCC and other modelling outfits is that they are aware of this difference between short and long term, but still use the short term value even when they are doing hand-waving studies of what is going to happen over the next century or two.”
#3: Lack of Big Picture Perspective
“Climate change is an interdisciplinary problem,” is how Humphrey puts it. “Marine biologists, conservation biologists, sociologists, political scientists, geologists, meteorologists, glaciologists, etc, really fill the gap where the climate scientists do not go because it simply isn’t their specialization or have the time to go in their research.”
The increasing specialization of the sciences and the isolation of its many branches from each other is a trend that has been happening for over a century, and has become extreme at this point. There is a tendency not merely to miss the forest for the trees, but the trees for the leaves.
In order to fully comprehend, accurately predict, and rationally respond to our situation, we must look at the big picture—how the leaves make up the forest—but very few people are doing that. This is a job for generalists capable of integrating seemingly disparate but—in actuality—intimately connected threads, and of clearly conveying what they see. However, neither academia nor the employing world encourage generalists at this time; quite the opposite, in fact. Virtually the only way to find your place and make your way in the sciences is by establishing a niche. This is not serving us.
#4: No Money for Predicting Undesirable Outcomes
Researchers require resources to do their thing, which nearly 100% of the time entails pleasing an institution, whether that’s an employer or a grantor. Such funders have their own agendas, and few (if any) are interested in hearing about unhappy endings.
#5: Scientists Hit the Hopium Pipe Too
Finally, scientists are products of our culture just like everybody else, and our culture is primarily one of denial, whether that’s about the reality of our past (genocide and slavery) or our present (brutal military and economic hegemony, inverted fascism). Most scientists not only don’t want to deliver a dire message, but they don’t want to believe it themselves either, even if that’s what their findings show. This is understandable on a personal level. Scientifically, though, it is fundamentally dishonest.
Okay, so then what?
It’s increasingly clear that our situation is worse than we’ve been told, perhaps far, far worse. One can choose to scoff at those predicting drastic outcomes like near-term human extinction, but how does one support that kind of skepticism when “reasonable” projections have so far proven to be woeful underestimates?
But when it comes to making accurate predictions, maybe it’s no longer important. Perhaps the lesson here is just that it’s worse than we think and worse than we want and—we must consider this possibility—worse than we can fix. So then our challenge is to accept that and to take responsible action.
If you hit someone on the road, the responsible action is to go back and see how s/he is. It’s fair to describe US culture as a high speed vehicle striking one innocent creature after another without ever looking back, individually or collectively. This is untenable in a host of ways, and always has been.
Acting with malice takes a toll on both perpetrator and victim. In our case, the victim is the planet and she’s turning the tables on us, on her own schedule, whether we see it coming or not. Heads up!
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Kollibri terre Sonnenblume is a writer, photographer, tree hugger, animal lover, and dissident. Kollibri’s past experiences include urban bike farmer, Indymedia activist, and music critic. Kollibri holds a BA in “Writing Fiction & Non-fiction” from the St. Olaf Paracollege in Northfield, Minnesota.
Follow Kollibri at: Facebook | Instagram
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Editor’s Note: this is why we believe the DEW strategy is fully justified, and, perhaps, our only hope.
by DGR News Service | Jun 24, 2019 | Human Supremacy, Music & Art
The sun will still shine, as it always has.
The grass will grow, and some trees will groan,
as a silent breeze passes over all that once was.
A cockroach shall crawl through a skeletal eye,
and the birds shall sing, “Oh, how the mighty have fallen!”
Photo: Max Wilbert
by DGR News Service | Jun 22, 2019 | Climate Change
By Max Wilbert
Heat that was once unthinkable is now becoming commonplace. In the three decades I have been observing weather in my native Pacific Northwest, heat that used to come once a decade now comes every year. Most people I speak with have the same experience.
As usual, climate science lags behind observations. According to a new paper, unprecedented and massive heat waves (similar to those that afflicted the northern hemisphere in May—July 2018) will occur every year at 2º C global warming.
Average temperatures have currently warmed approximately 1º C over pre-industrial levels (and further above pre-civilization levels).
However, an additional 0.5-1º C of warming is currently masked by aerosols emitted by heavy industry like coal power plants. As these are taken offline and particulate matter in the atmosphere decreases, this additional warming will rapidly take effect.
The paper explains:
Record-breaking temperatures occurred concurrently in multiple regions including North America, Europe and Asia in late-spring/summer 2018 (NOAA, 2018a, 2018b, 2018c). Europe experienced late spring and summer temperatures that were more than 1◦C warmer than 1981-2010 (Copernicus, 2019). The contiguous US had the warmest May since 1895(NOAA, 2018c) and the hottest month ever observed was in July in the Death Valley (NOAA, 2018a). The 2018 hot temperatures are in line with an increase in intensity and frequency of extreme heat events over many regions on land and in the ocean in recent years (Christidis, Jones, & Stott, 2014; Coumou & Rahmstorf, 2012; Fischer & Knutti,432015; Frolicher, Fischer, & Gruber, 2018; Rowe & Derry, 2012; Seneviratne, Donat, Mueller & Alexander, 2014). Owing to their devastating impacts, understanding changes in extreme temperature events is highly relevant for society and ecosystems. Recent heatwaves with particularly severe impacts include the 2010 Russian and 2015 Indian heatwaves. The 2010 Russian heatwave was associated with the death of tens of thousands of people, major crop failure, millions of hectares affected by fires and around 15 billion US$ economic loss (Barriopedro, Fischer, Luterbacher, Trigo, & Garcıa-Herrera, 2011). During the 2015 heatwave in India at least 2500 people died (Ratnam, Behera, Ratna, Rajeevan, & Yamagata, 2016). Impacts were particularly severe because they occurred in agricultural regions and/or regions with high population density.
These heat waves will further exacerbate water shortages, war, drought, crop failure, famine, and so on. In his book, Tropic of Chaos: Climate Change and the New Geography of Violence, Christian Parenti writes: “Climate change arrives in a world primed for crisis. The current and impending dislocations of climate change intersect with the already-existing crises of poverty and violence. I call this collision of political, economic, and environmental disasters “the catastrophic convergence.”
This increasing instability could lead to multiple possible futures: total collapse of ecology, eco-fascism of the sort envisioned in The Handmaids Tale or Children of Men… there are many possibilities.
It is too late to halt global warming completely. Much ecological damage has already been done, most of it by different means than via global warming. The world is already committed to a level of warming that will be catastrophic in many ways.
All the technological solutions to global warming are ineffective (electric cars, renewable energy) or non-existent (negative emissions technology). The best possibility we see is a managed collapse leading to global de-industrialization, de-growth, and the relocalization of human economies. This will require organized, political resistance—militant in some cases—to dismantle the industrial economy and allow the natural world to thrive and begin to heal once again.
Photo: Hydrosami, CC-SA 4.0
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.
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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?
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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 | Jun 15, 2019 | Mining & Drilling
Editors note: this piece is nearly 8 years old, and as such some of the statistics are out-of-date. Nonetheless, it’s a valuable primer on North American pipeline infrastructure. Republished with permission.
By Ben Jervey / Desmog Blog / July 28, 2011
Over the next couple of weeks, I’m going to be rolling out a whole lot of information about pipelines. Why?
Because these metal tubes are truly the blood vessels of the oil and gas industry. Without them, the industry wouldn’t be able to deliver the liquid fossil fuels to their refineries, or out to the customers after that. Technically, it could be done with trucks and trains and tankers, but the economics just wouldn’t work. Without pipelines, liquid fossil fuels become impractically expensive.
(Note: you can find all of the posts in the pipeline series with the “pipeline” tag, or by following the links at the bottom of my post.)
So through one lens, pipelines are incredible. They cart valuable petroleum products from source to refinery to end use with remarkable efficiency. And they do so really cheap!
But not all is so rosy with these tools of fossil energy infrastructure. Pipelines leak and spill – pretty often, actually. They run through fragile ecosystems, under waterways, and across incredibly valuable aquifers. And as crucial as they are in delivering affordable fuel to your gas tank or furnace, they’re pretty tempting targets for anyone who wants to deal our nation’s energy supply a serious blow. In other words, our dependance on oil and gas pipelines makes our nation vulnerable to a terrorist attack, a concern that’s been long established in security circles.
Pipelines are typically built and paid for by private companies. But public support is crucial to the industry, and it comes in many forms, from eminent domain takings to subsidies and tax breaks to favorable environmental impact reviews.
You typically don’t hear much about pipelines, unless something goes wrong. And even then, hearing something about them is rare.
So let’s start at the top, and explain the very nature of pipelines: what kinds there are, what functions they serve, and where they run.
Types of pipelines
In general, there are two main types of energy pipelines: oil pipelines and natural gas pipelines. For now, I’m going to focus on those that carry oil.
For the oil industry category, there are pipelines that carry crude and others that carry refined petroleum products. If you’ll allow me to expand the blood vessel metaphor, crude pipelines are technically the veins that carry crude oil from the source to refineries. Just like our veins, they get thicker as they get closer to the spot they dump their contents out. “Gathering lines,” typically about 8 to 24 inches in diameter, collect oil from wells and then hook up into larger “trunk lines” that carry the crude over long distances to the refineries. The famous Trans-Alaska Pipeline System (TAPS), a trunk line, is probably the most well-known American pipeline, and it’s a full 48 inches in diameter.
In all, there are roughly 55,000 miles of these thick crude oil trunk lines in the United States.
Refined product lines carry the end products of the oil industry – gasoline, jet fuel, home heating oil, diesel fuel, and so on. These stretch across nearly every American state (with a couple of exceptions in crowded New England), and in all, there are thought to be about 95,000 miles of refined product pipelines.
Where are they?
The first question that probably jumps to mind is: are there any near me? For crude oil, it’s actually not so easy to find out. Official natural gas pipeline maps are out there, like this one from the Energy Information Agency.
But for security reasons, official government websites don’t publish the locations of crude lines. On private company’s sites you can find some not-so-detailed maps. Like this one from Canada’s Centre for Energy.
But by far the most comprehensive map I was able to find came from an interesting site called Theodora, an information publishing site that gathered lots of data from primary sources and mashed it up into this impressive map. Green lines are oil pipelines, red carry natural gas, and blue carry refined petroleum products.
Here is the larger map of North America:
And here is a closer look at the U.S. pipeline system:
You can see how a bunch of big red “trunk lines” come down from Canada and Alaska, funneling crude to refineries in California and the coasts of Texas and Louisiana.
