Thomas Linzey: The Coal Trains’ Track to Nowhere

Thomas Linzey: The Coal Trains’ Track to Nowhere

By Thomas Linzey / CELDF

Four years ago, as we were leaving Spokane to help rural Pennsylvania communities stop frack injection wells and gas pipelines, this region’s environmental groups couldn’t stop talking about “stopping the coal trains.”

After people in British Columbia – including NASA’s top climate scientist James Hansen – were arrested for blocking oil trains; and after people in Columbia County, Oregon have now proposed a countywide ban on new fossil fuel trains, one would think that both the Spokane City Council and the region’s environmental groups would have begun to take strong steps here to, well, actually stop the coal trains.

After all, there is now almost universal agreement that the continued use of fossil fuels threatens almost every aspect of our lives – from scorching the climate to acidifying the oceans and fomenting widespread droughts.

But it seems that both the Council and this region’s environmental groups have resigned themselves to being silent accomplices to this slow-moving disaster.

A few weeks ago, at a forum on coal and oil trains, rather than propose a citywide ban on oil and coal trains, those groups instead focused on the dangers of train derailments and coal dust – two real issues to be sure – but ones that fall completely short of recognizing the underlying problems posed by the trains.

If the problem is derailments and dust, then the solution is to reinforce and cover the railroad cars. That may or may not happen, but even if it does, it doesn’t solve the fundamental problem posed by the coal and oil trains. Instead, such a stance broadcasts the message from the City of Spokane and this region’s environmental groups that the coal and oil trains are okay as long as they are “safe.”

The real problem, of course, is that the fossil fuels that the oil and coal trains carry – when used the way they are intended to be used – can never be made “safe” because their guaranteed combustion is slowly boiling the very planet on which we live.

At the end of Spokane City Council President Ben Stuckart’s presentation at the forum last week, he spoke about his dead-end meetings with state and federal officials, whose doors were open to the energy and railroad corporations but not to communities affected by the trains. Stuckart declared that he wasn’t sure that anything short of laying down on the tracks would stop the coal and oil trains.

For one brief shining moment, it seemed that the heavens had parted and what we’re really up against – a governmental system controlled by the very corporations it is ostensibly supposed to regulate – came shining through.

As I watched, people across the room began to shout and applaud; and then, just as quickly as it had come, it passed, as the hosts of the forum steered everyone back to their latest moving target – this time, urging people to write letters begging Governor Inslee to stop proposed oil and gas exports. In other words, now nicely asking the Governor to stop more oil and coal trains from invading Spokane.

I then realized why I stopped going to those gatherings – I stopped because the form of activism proposed by the groups actually strips us of the belief that we’re capable of doing anything by ourselves, as a community, to actually stop the trains. Writing letters reinforces a hopelessness of sorts – that we’re completely dependent on the decision by others to “save” us, and that we’re incapable of taking action to save ourselves.

It would be akin to the civil rights movement writing letters to congress instead of occupying the lunch counter or the seats at the front of the bus. Or Sam Adams sending a letter to King George urging him to put safety bumpers on the ships carrying tea, rather than having a tea party by dumping casks of tea in the harbor.
Until we confront the energy and railroad corporations directly, they will continue to treat Spokane as a cheap hotel. We need to ban and stop the trains now – using everything that we can – before future generations wonder why we spent so much time sending letters and so little time protecting them.

Thomas Alan Linzey, Esq., is the Executive Director of the Community Environmental Legal Defense Fund and a resident of the City of Spokane. The Legal Defense Fund has assisted over two hundred communities across the country, including the City of Pittsburgh, to adopt local laws stopping corporate factory farms, waste dumping, corporate water withdrawals, fracking, and gas pipelines. He is a cum laude graduate of Widener Law School and a three-time recipient of the law school’s public interest law award. He has been a finalist for the Ford Foundation’s Leadership for a Changing World Award, and is a recipient of the Pennsylvania Farmers Union’s Golden Triangle Legislative Award. He is admitted to practice in the United States Supreme Court, the Third, Fourth, Eighth, and Tenth Circuit Courts of Appeals, the U.S. District Court for the Western and Middle Districts of Pennsylvania, and the Commonwealth of Pennsylvania. Linzey was featured in Leonardo DiCaprio’s film 11th Hour, assisted the Ecuadorian constitutional assembly in 2008 to adopt the world’s first constitution recognizing the independently enforceable rights of ecosystems, and is a frequent lecturer at conferences across the country. His work has been featured in the New York Times, the Los Angeles Times, Mother Jones, the Nation magazine, and he was named, in 2007, as one of Forbes’ magazines’ “Top Ten Revolutionaries.” He can be reached at tal@pa.net.

Protecting Mauna Kea: This Is A War

Protecting Mauna Kea: This Is A War

By Will Falk / Deep Green Resistance

Sitting outside the 10 by 20 foot makeshift tent that has served as my home for the last 34 days on Mauna Kea, I watch the tent poles shudder to the concussion of US Army howitzer cannons firing live shells at their training grounds below. When the wind blows just right, from the south, the rattle of automatic rifle fire reaches the occupation. There’s no denying it: A war rages in Hawai’i.

It’s a war on native peoples, a war on women, a war on the land, a war on life itself. The war did not start in Hawai’i. The war began thousands of years ago with the dawn of civilization when some humans chose to live in population densities high enough that they overshot the carrying capacity of their homelands and turned to dominating other peoples in other lands. Imperialism was born, and one-by-one land-based, truly sustainable human societies were either eradicated or forced into assimilation.

The war swept west across Turtle Island (so-called North America) – where it is still being fought -leaving whole peoples destroyed and now largely forgotten. The war is carving peaks from mountains, drying rivers so they no longer flow to their ocean homes, and boiling the planet’s temperature to levels dangerously close to being unbearable for all but a few lifeforms. The war decimates the numbers of our animal kin, too. Buffalo walk the ledge above total extinction. So do salmon. So do timber wolves. So do grizzly bear.

The war in Hawai’i began in the late 1770s when Captain Cook first appeared. By 1897, a million Hawaiians were killed in battle, by introduced diseases, and through Christian missionary efforts. Half of Hawai’i’s endemic species have been exterminated since European contact. The minds of Hawaiian children were attacked when the illegal Republic of Hawai’i outlawed the Hawaiian language in Hawaiian schools in 1896. The bodies of these Hawaiian children were attacked when they were beaten for speaking their native tongue.

A genocidal program of desecration was initiated as well. Hale O Pa’pa and the Kanaka burials there were paved over by highways while Kahoolawe was bombed to hell by the American military – and that’s just to name a very few of the sites desecrated. Now, the TMT project wants to dynamite an eight acre patch of Mauna Kea’s hallowed summit to clear the way for their telescope.

***

Rumors are swirling that the TMT (Thirty Meter Telescope) project is poised to break its self-imposed moratorium on construction and send its equipment up the mountain with an armed escort. We have heard that Gov. David Ige is willing to send the national guard against the Mauna Kea protectors.

In the midst of these rumors, it is not uncommon to hear people say they hope the situation on Mauna Kea will not turn violent. The problem with expressing this hope is the situation on Mauna Kea is violent, has been violent for a long time, and will remain violent so long as those in power remain in control of the land.

Before you object to this, consider the bombs and rifle fire I am listening to as I write this.

Consider that the first time construction equipment tried to force a way over the objections of the Hawaiian people, it came with men carrying batons and pistols. These men carrying batons and pistols put 31 peaceful protectors in handcuffs, carried them to the Hilo jail, extracted 250 dollars from each one of them, and now force them to appear at a series of of court dates under threat of jail time.

Consider that David Ige, as I wrote earlier, has stated that he is willing to call in the national guard to clear the way for the TMT. Speaking of war, the national guard is an organization of soldiers. They will come with rifles instead of the police’s pistols.

This is violence.

I didn’t even mention the violence already done to Mauna Kea to build and maintain the 13 telescopes that already exist on the summit. These 13 telescopes required their own dynamite and 38 feet have been cut from the height of Mauna Kea’s summit already. There have been 7 reported mercury spills on the mountain that contains Hawai’i Island’s largest freshwater aquifer.

Mauna Kea

Mauna Kea

Plants, animals, and insects that live on Mauna Kea are murdered by this mercury and its more than likely that humans – especially children and the elderly – are harmed by this mercury, too.

Kanaka Maoli are genealogically related to Mauna Kea – it is literally a family member – so to do this kind of violence to the Mauna is to attack an older sibling.

Again, this is violence.

I anticipate that some may accuse me of encouraging an atmosphere of violence by using words like war to describe the violent reality facing Mauna Kea, facing Kanaka Maoli, and facing the long, necessary road to Hawaiian independence. Describing reality, however, is not the same thing as encouraging violence. I want this violence to stop and the first step to a cure is the proper diagnosis.

As a haole, I understand that when push comes to shove the State will crack down much harder on people of color than they will white people, and I do not want to provoke this crack down. I do think, though, that we need to be prepared to react when the State does not treat the protectors with the kapu aloha that the protectors will show those who come to destroy Mauna Kea.

Those who deny we are at war are wrong. Maybe, they cannot recognize the war because war has become so utterly pervasive. The wars of the past led to the rape of women. The war we’re fighting now causes one in six women to be raped in her lifetime worldwide. The wars of the past were fought to beat armies, to eradicate cultures, and to topple nations. The war we’re fighting now causes the extinction of whole species – 200 species a day, in fact, day after day after day.

Maybe, they cannot recognize the war because they are privileged enough not to confront the reality of this war. I think Palestinians understand this war. I think Catholics in Northern Ireland understand this war. I think Afghanis and Iraqis understand this war. I think hammerhead sharks, California condors, mamane trees, and ahinahina understand this war. They have to, because their survival depends on it.

Maybe, those who deny the war is happening think they can avoid the war’s dangers by ignoring it. It might be possible to avoid bullets, gas, and bombs by agreeing and cooperating with the cops as they place you in handcuffs, but you are just as susceptible to the environmental toxins the dominant culture unleashes on us every day. Denial saves no one from cancer.

Yes, Hawai’i with the rest of the world, is at war. This war – more than any other – is a war that we absolutely must win. If we lose, we lose life on this planet. To win a war, you must destroy your enemy’s ability to make war. The battle on Mauna Kea against the TMT is a mini-war in the larger war on life. The surest way to win this war is to undermine the TMT’s ability to build their telescope.

There are many strategies currently being employed to win this war – to undermine the TMT’s ability to build their telescope – but the weakness of most of these strategies is that they rely on our enemies to do the right thing. The countless sign-waving events conducted in support of Mauna Kea are designed to persuade the public of the justness of our movement. The incessant social media campaign we are waging is geared towards changing the hearts and minds of the world. The court cases challenging the TMT project, for example, rely on a judge to agree with the arguments made by our lawyers.

And why do we appeal to the courts to protect Mauna Kea? The answer is simple. If the judge rules in our favor, the decision will be backed with the full force of the State. The judge’s ruling and it’s enforcement will be backed with an organized group of men carrying guns – the police, or another organized group of men carrying bigger guns – the national guard. If we were to win in court and the TMT tried to build it’s telescope, it would be them and not us for once, who would be staring down the barrels of rifles. Of course, we do not trust the courts to do the right thing.

That’s why we stand on the Mauna Kea Access Road at this occupation.

Another way to say all this is: the State can, will, and already has used violence against us and our relations in the natural world. We must understand this in order to be effective. We must understand that writing really clever essays might not stop them. We must understand that hugging cops when they come to arrest us might not stop them. We must understand that we may not have an opportunity to place leis around the necks of national guardsmen when they point their guns at us.

I hear many people within the movement state confidently, “We will stop the TMT project.” But, if we do not understand the violence the State is capable of I feel like what we are really saying is “We will stop the TMT project as long as the police or the national guard agree to what we think are the rules.” I am not writing these things to cause despair. Rather, I am writing these things to encourage the deepest levels of commitment to protecting Mauna Kea.

Of course, those who think I am calling for violence demonstrate their own belief that only violence will stop the destruction of Mauna Kea, the destruction of Hawai’i, and the destruction of what is left of the world. I do not claim to know what will stop the destruction of Mauna Kea, but I do know that we must understand the way the State frames our tactics for us before we even begin. Once we understand this, we must ask tough questions.

I’ll walk my talk and begin: If the police or national guard overwhelms the protectors on the Mauna Kea Access Road, what do we do next?

We-Are-Mauna-Kea (1)

From San Diego Free Press: http://sandiegofreepress.org/2015/06/protecting-mauna-kea-this-is-a-war/

Find an index of Will Falk’s “Protecting Mauna Kea” essays, plus other resources, at:
Deep Green Resistance Hawai’i: Protect Mauna Kea from the Thirty Meter Telescope

DGR Stands with the San Carlos Apaches in Protecting Oak Flat from Copper Mining

DGR Stands with the San Carlos Apaches in Protecting Oak Flat from Copper Mining

Image Credit: Ryan Martinez Lewis

Deep Green Resistance (DGR) is dedicated to the fight against industrial civilization and its legacy of racism, patriarchy, and colonialism. For this reason, DGR would like to publicly state its support of the San Carlos Apache tribe and the residents of Superior, AZ in the fight to protect Oak Flat from the destructive and unethical practices of foreign mining giant Rio Tinto.

Background

For over a decade the San Carlos Apache tribe and supporters have been fighting against profit-driven attacks on their land by the Superior, AZ based company Resolution Copper (RC), a subsidiary of the international mining conglomerate Rio Tinto. The foreign Rio Tinto is an Anglo-Australian mining company with a shameful history of environmental degradation, human rights abuses, and consorting with oppressive regimes around the globe.

Resolution Copper plans a massive deep underground copper mine in the Oak Flat area using a technique called block caving, in which a shaft is drilled more than a mile deep into the earth and the material is excavated without any reinforcement of the extraction area. Block caving leaves the land above vulnerable to collapse.

Despite this, Resolution Copper is set to acquire 2,400 acres of the federally protected public land in the Tonto National Forest in southeast Arizona in exchange for 5,000 acres in parcels scattered around the state. The 2,400-acre land, part of San Carlos Apache’s aboriginal territory, includes Oak Flat, Devil’s Canyon, and nearby Apache Leap – a cliff where Apaches jumped to their death to avoid being killed by settlers in the late 19th century. The San Carlos Apaches and other Native people hold this land as sacred, where they conduct ceremonies, gather medicinal plants and foods, and continue to build connections with the land. The now public land is held in trust by the federal government and is also used by non-Native nature lovers for hiking, camping, bird watching and rock climbing, and is used for field trips by Boy Scout groups.

Recent Activity

On December 4, 2014 the House passed the National Defense Authorization Act (NDAA), which included the Oak Flat Land exchange as an attachment to the annual must-pass defense bill. This particular version of the land exchange included in the NDAA (the “Southeast Arizona Land Exchange and Conservation Act of 2013”) is the 13th version since the bill was first introduced in Congress in 2005 by former Congressman, Rick Renzi (later convicted in 2013 of multiple counts of corruption, including extortion, racketeering and other federal charges). AZ Senators McCain and Flake, responsible for sneaking this unrelated attachment into the NDAA, subverted the will not only of Native American Tribes, conservation organizations, the Superior Town Council, and others, but the will of the United States Congress which has forcefully rejected the land exchange for nearly 10 years. Flake, who previously worked for Rio Tinto at their uranium mine (co-owned by the Iranian government) in Namibia, acknowledged the bill could not pass the US Congress on its own merits.

Shortly after passing through the House, the NDAA was signed into law by President Obama on December 19, 2014, exactly 5 years after he signed the “Native American Apology Resolution,” a little-noticed expression of regret over how the U.S. had abused its power in the past.

The Southeast Arizona Land Exchange and Conservation Act demonstrates a total disregard for Native American concerns. Resolution Copper has also openly admitted to the fact that their process of mining would create significant land cracking and eventually subsidence. Another grave concern is the permanent damage to surface and groundwater. This mine will deplete enormous quantities of water and pollute it, which will devastate local communities.

Oak Flat is also a rare desert riparian area. Less than 10% of this type of habitat remains in Arizona. The land exchange would allow mining companies to avoid following our nation’s environmental and cultural laws and would bypass the permitting process all other mines in the country have followed. Since this mining would, by design, lead to the complete destruction of the Oak Flat area and potentially impact both Apache Leap and Gaan Canyon, the San Carlos Apache Tribe (along with over 500 other tribes across the country) strongly opposes it and the illegal land exchange.

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Call for Solidarity

Indigenous peoples have always been at the forefront of the struggle against the dominant culture’s ecocidal violence. Beneath the violations of US law lies the glaring threat of sacred Apache land being further harmed and colonized.  If RC is allowed to follow through with its mining plan, not only would this land be stolen from the Apaches, but it would be rendered unrecognizable.

There is a monumental need for solidarity work to save Oak Flat. The only acceptable action on the part of Resolution Copper is immediate cessation of any and all plans to mine in the ancestral home of the Apache people; anything else will be met with resistance, and DGR will lend whatever support it can to those on the front lines. The time to act is now!

For more information or to lend support, please visit the Arizona Mining Reform Coalition.

**DGR recognizes that members of settler culture are living on stolen land in the midst of a current and ongoing genocide of indigenous people and culture.  We encourage those who wish to be effective allies to indigenous people to read our Indigenous Solidarity Guidelines.

References

Waorani warriors attack, shut down oilfield in Ecuador

By Mongabay

Indigenous leaders are calling for the release of six tribesmen implicated in a raid on an oilfield in Eastern Ecuador that left six soldiers injured, reports Andina and El Comercio.

According to Ecuador’s defense ministry, on January 6th a group of Waorani (Huaorani) tribesmen armed with spears, bows and arrows, blowguns, and firearms seized a facility run by Petrobell in Arajuno canton, in Pastaza province. The action shut down production at the oilfield, which normally produces 3,200 barrels a day.

The army then stormed the facility, resulting in clashes that led to six soldiers suffering gunshot wounds. No one was reported killed.

The defense ministry said the arrests were necessary to stop “looting” and disruption of oil production. The Waorani have been in custody since then.

However Franco Viteri, head of the Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONAIE), is calling for the men to be released, arguing that they were defending their traditional territory from incursions by oil companies, which have caused substantial damage to forests and indigenous communities in eastern Ecuador in recent decades.

“For 40 years, oil companies, with the consent of the State, have been smashing, looting and sabotaging the good life of indigenous peoples, disrupting the lifestyle of the Waorani people, a situation that has… escalated conflicts,” he said in a statement.

Petrobell is a subsidiary of Synergy Group Corp., a conglomerate headquartered in Brazil.

From Mongabay: “Amazon tribe attacks oilfield in Ecuador

Indigenous leader tortured, killed after opposing major mining project in Ecuador

By Jonathan Watts / The Guardian

The body of an indigenous leader who was opposed to a major mining project in Ecuador has been found bound and buried, days before he planned to take his campaign to climate talks in Lima.

The killing highlights the violence and harassment facing environmental activists in Ecuador, following the confiscation earlier this week of a bus carrying climate campaigners who planned to denounce president Rafael Correa at the United Nations conference.

The victim, José Isidro Tendetza Antún, a former vice-president of the Shuar Federation of Zamora, had been missing since 28 November, when he was last seen on his way to a meeting of protesters against the Mirador copper and gold mine. After a tip-off on Tuesday, his son Jorge unearthed the body from a grave marked “no name”. The arms and legs were trussed by a blue rope.

Other members of the community said Tendetza had been offered bribes and had his crops burned in an attempt to remove him from the area.

Domingo Ankuash, a Shuar leader, said there were signs Tendetza had been tortured, but the full facts had yet to come to light. He said the family were extremely unhappy with the investigation and what they said was the reluctance of the authorities to conduct a timely autopsy.

“His body was beaten, bones were broken,” said Ankuash. “He had been tortured and he was thrown in the river. The mere fact that they buried him before telling us, the family, is suspicious.”

Tendetza had been a prominent critic of Mirador, an open-cast pit that has been approved in an area of important biodiversity that is also home to the Shuar, Ecuador’s second-biggest indigenous group.

The project is operated by Ecuacorriente – originally a Canadian-owned firm that was brought by a Chinese conglomerate, CCRC-Tongguan Investment, in 2010. According to the Confederation of Indigenous Nationalities of Ecuador, the project will devastate around 450,000 acres of forest.

“This is a camouflaged crime,” said Ankuash. “In Ecuador, multinational companies are invited by the government and get full state security from the police and the army. The army and police don’t provide protection for the people, they don’t defend the Shuar people. They’ve been bought by the company.

“The authorities are complicit in this crime,” Ankuash claimed. “They will never tell us the truth.” He added: “[Tendetza] was not just anyone. He was a powerful leader against the company. That’s why they knocked down his house and burnt his farm.

“The government will never give us a response, justice belongs to them. They will call us terrorists but that doesn’t mean we are not going to shut up.”

Several other Shuar opponents of Mirador have died as a result of the conflict in recent years, including Bosco Wisum in 2009 and Freddy Taish in 2013, according to Amazon Watch.

An initial autopsy said the circumstances of Tendetza’s death were unclear. Harold Burbano, of the human rights organisation INREDH, said there was a suspicion that the killing was related to his work as a land defender.

“There has been a rise of conflicts since the transnational mining company entered the area, significantly increasing the risks faced by community leaders,” he said.

Tendetza had planned to condemn the project at a Rights of Nature Tribunal organised by NGOs at the climate talks which are taking place this week in the Peruvian capital.

Luis Corral, an advisor to Ecuador’s Assembly of the People of the South, an umbrella group for indigenous federations in southern Ecuador, said that if Tendetza had been able to travel to the COP20 it would have put in “grave doubt the honorability and the image of the Ecuadorean government as a guarantor of the rights of nature”.

“We believe that this murder is part of a pattern of escalating violence against indigenous leaders which responds to the Ecuadorean government and the companies’ need to clear the opposition to a mega-mining project in the Cordillera del Condor,” he said.

“The state through the police and the judiciary is involved in hiding this violent crime because of the elemental irregularities in the proceedings. The body was buried without informing the family. They weren’t allowed to see the second autopsy.”

Tendetza’s killing highlights the risks facing environmental activists in Ecuador. Earlier this week, a group of campaigners travelling in a “climate caravan” were stopped six times by police on their way to Lima and eventually had their bus confiscated.

The activists said they were held back because president Correa wants to avoid potentially embarrassing protests at the climate conference over his plan to drill for oil in Yasuni, an Amazon reserve and one of the most biodiverse places on earth.

Once lauded for being the first nation to draw up a “green constitution”, enshrining the rights of nature, Ecuador’s environmental reputation has nosedived in recent years as Correa has put more emphasis on exploitation of oil, gas and minerals, partly to pay off debts owed to China.

From The Guardian: http://www.theguardian.com/world/2014/dec/06/ecuador-indigenous-leader-found-dead-lima-climate-talks