Ben Pennings: THIS is how you Send a Message to Big Coal!

Ben Pennings: THIS is how you Send a Message to Big Coal!

By Ben Pennings / Over Our Dead Bodies

Big Coal? We’re talking the biggest. The Galilee Basin is the biggest proposed coal complex in the world. The numbers are staggering, frightening; well past the point of insanity.

The great news is that the nine mines planned are very marginal economically. The ‘quality’ of coal is low, the price of coal is low, and the debt levels of many companies involved are high. However, a company called Aurizon is planning to bail out the debt-ridden company GVK, allowing them to dig up the first 2 mines. These mines alone would be responsible for carbon pollution 6 times that of the UK.

A broad cross-section of the mainstream environment movement have signalled their intentions towards Aurizon, but thus far been pretty much ignored. Millions of emails have gone unheard. Aurizon continues unabated towards investing billions to mine the Galilee Basin, before solar makes it completely economically unviable.

The Over Our Dead Bodies campaign is adding a new dimension to the decision-making processes of Aurizon, and has garnered significant interest from both the company and police. Aurizon now face sustained direct action and civil disobedience strategies, on top of the increasing pressure from mainstream groups. The campaign is blatantly honest, starting to document the number of activists in Australia and globally who will do whatever it takes to stop Aurizon.

Activists started the campaign by stealing a ‘carbon bomb’ from their offices, visiting the CEO’s mansion (twice) and messing with their football sponsorship. All in one weekend. While also hunger striking! But the real deal is still to come.

How can activists be honest with Aurizon about what may be on the way? Go along to their AGM of course! I was one of twelve activists who bought enough shares to attend and ask questions that were not the usual fare. For the first time in AGM history (as far as we know), activists asked audacious questions to directly challenge a company about the security, insurance, industrial action and recruitment costs related to direct action by environmental activists – providing an honest warning to shareholders of risks the company has thus far refused to disclose.

A multi-organisation protest was also held outside the AGM venue. Police inside and outside the AGM outnumbered protesters two to one – uniformed, plain clothes, photographers and high-ranking officers. Walking from our briefing to the venue, the anti-terrorism police made their presence known, greeting me by name. As did other officers throughout the morning. Nice to be loved! The leading image above shows one of the anti-terrorism police ‘Aaron’ (real name is Bruce) talking to an activist on the day.

Activists know they can’t stop Aurizon’s plans through appealing to their ethics or values. Those who have tried have failed. The chair of the board John Prescott confirmed this belief when answering the first question:

“The fundamental business of this company is transportation, the majority of it by heavy haul rail systems, and a key part of that is certainly the carriage of coal… it is a fundamental part of this company’s business to carry coal for interested customers. It is a perfectly legitimate activity and it is one that to withdraw from would not be in the interest of shareholders, customers, employees, and the communities in which we serve.”

He also admitted to shareholders in this first exchange that Aurizon “have not made any estimates” when asked about the costs of activism by organisations with many millions of members. This is an important admission but the point needed to be laboured. The next question about their security strategies got right to it:

“It seems to me that Aurizon are very vulnerable to direct action strategies from environmentalist groups. Given you have thousands of kilometres of rail line and have difficult to secure facilities around the country, what strategies do you have in mind to secure what seems to be in-securable?”

After questions about climate change, water and the future of coal, it got serious with a question about targeting the board and executives:

“As Aurizon’s planned investment in the coal mines in the Galilee Basin (involves releasing) truly massive amounts of carbon into the atmosphere, threatening life as we know it on this planet, such a radical step calls for a radical response. Are you aware that over two hundred activists from one group alone have thus far committed to use direct action against the Aurizon Board of Executives to remind them of their personal responsibility regarding runaway climate change; and given they claim to have home addresses of most of the board members and senior executives, and considering activists have already visited the CEO’s home twice, are you concerned that executives and board members will leave the company if they are seriously challenged in their homes and neighbourhoods about these responsibilities, their responsibilities beyond Aurizon, responsibilities to the future of all of our children, our grandchildren, the community, country and the world we live in?”

Despite protestations, a further audacious question was asked, this time about stopping trains with cardboard boxes:

“In 2011, an activist stopped a coal train in New South Wales using a lightweight box contraption. Now he was inside that box, but it’s easily conceivable that you could stop a coal train with an empty cardboard box. Now given you’ve got thousands of kilometres of track, how do you envisage oversight over those tracks and managing that; I can see it would be quite easy for activists to stop coal trains and get away with it scot free. So is there a cost each time a train is stopped like this, and have you factored those kinds of costs into your business plans?”

Just by chance, this happened to be outside the building when shareholders left the meeting. DSCF6847

You can imagine the company (and some shareholders) were not too happy with such questions. The chair of the board said repeatedly that they would not divulge security strategies, but it seemed reasonably clear such strategies did not exist. But the shareholders did respond with applause to the question about coal dust, public health, and the excessive salary of the CEO:

“My question is to Lance Hockridge, CEO, and my concern is about dust. I’ve been reading a bit in the media the last few months about coal dust coming from wagons and about the particles, and the doctors and health experts’ concerns about the dust particles; the larger ones and the smaller ones which can get lodged in the lungs and in the bloodstream and the concern, particularly for children… My question, given that Aurizon has so far refused to cover the coal wagons and that there is quite a bit of public outcry about this issue is, Lance, you earned $6 million more than the average Australian last financial year, would you personally be willing to donate some money to stop the damage to public health, and if not, would you personally live on a railway line and breathe in what you transport?”

That question was bound to be popular but this question hit a different nerve:

“Are you concerned that once environmental activists start direct action strategies that your unionised staff will undertake industrial action due to perceived safety risks? Have you factored in these potential massive costs to your investment in the Galilee?”

A shareholder responded to this, saying she was “absolutely appalled at the suggestion that lives would be put at risk because of ideological beliefs.” I jumped up to defend this activist before question time ended. It is Aurizon in fact who are putting millions of lives at risk over an ideological belief, the belief that profit by any legal means trumps ethical considerations, or a livable planet for that matter. After the AGM some shareholders spoke freely with activists. Many were concerned about climate change, coal dust, and the shortening future of the coal industry. Aurizon have since sent a strongly worded legal letter, threatening a Supreme Court injunction against Generation Alpha, Over Our Dead Bodies and their ‘members’. What a shame that Generation Alpha is a Facebook page, Over Our Dead Bodies is a website, and neither have members! Aurizon write that they are ‘disappointed’ in us, and if we do what they say we’ve threatened, we’re in big trouble! But now they just have to wait and prepare, knowing they can do little to stop the next move by the 221 (and counting) activists who have said “Over Our Dead Bodies”.

Ecuador’s highest court upholds $9 billion fine against Chevron for ecocide and genocide

Ecuador’s highest court upholds $9 billion fine against Chevron for ecocide and genocide

By Amazon Watch

In a major setback for Chevron, the Ecuadorian National Court issued its long-awaited decision in favor of a $9 billion pollution judgment against Chevron upholding and affirming lower court rulings. The court’s decision is final.

In its 222-page opinion, the supreme court affirmed earlier decisions by a Lago Agrio court and the appellate court for $9 billion but rejected the additional $9 billion in punitive damages previously imposed for not apologizing, given that provision is not explicitly permitted in Ecuadorian law. The supreme court also lamented the plaintiffs waiting 20 years for justice and attributed this largely to delaying tactics by Chevron. This ruling constitutes a landmark case for corporate responsibility.

“This is an extraordinary, unprecedented triumph for indigenous and local communities over one of the world’s worst polluters,” said Donald Moncayo, a representative from the Amazon Defense Coalition for 30,000 Ecuadorian rainforest villagers and plaintiffs, who was in New York to testify in a retaliatory lawsuit filed by Chevron against lawyers for the plaintiffs in the Ecuador case.

Meanwhile, at the trial in New York, Judge Kaplan repeatedly assisted Chevron in intimidating and attacking key Ecuadorian witnesses and the defendant’s legal team.

In the retaliatory RICO lawsuit, Moncayo was subjected to a lengthy cross-examination by Chevron, after which Judge Kaplan ordered him to turn over a copy of his hard drive to the court.

Christopher Gowen, a legal ethics professor at American University Washington College of Law, was present in court and commented, “Watching an American judge threaten a foreigner in an American court with criminal penalties without the advice of counsel on a highly questionable court order defies everything our justice system stands for.”

“Ecuador’s supreme court has given careful consideration to each of Chevron’s conspiratorial claims, and has rejected them one-by-one,” said Han Shan, spokesperson for legal team representing the Ecuadorian Villagers. “While the company’s complaints have found a sympathetic ear in Judge Kaplan’s courtroom, the fact remains that Chevron has been found liable by the court it fought to have the case heard by, and that decision has now been upheld at the highest level.”

“We witnessed outrageous abuse of power by the very pro-Chevron Judge Kaplan and there was nearly no mainstream media and no cameras to capture it,” said Atossa Soltani of Amazon Watch. “This can only have a chilling effect on the willingness of witnesses in human rights cases to come forth to provide facts and pertinent information in an impartial setting where they are not going to feel threatened.”

The Ecuadorians and their supporters have called for an end to Chevron’s retaliatory lawsuit and the ongoing “rigged show trial” before Judge Kaplan, who has displayed outright hostility to the Ecuadorians’ legal efforts to demand a cleanup. Judge Kaplan has also made repeated disparaging on the record comments about Ecuador’s judicial system.

Chevron has no assets in Ecuador, forcing the communities to pursue the oil giant’s assets around the world through enforcement actions currently underway in Brazil, Argentina and Canada.

Texaco operated in Ecuador until 1992, and Chevron absorbed the company in 2001, assuming all of its predecessor’s assets and liabilities. Chevron has admitted to dumping nearly 18 billion gallons of toxic wastewater into rivers and streams relied upon by thousands of people for drinking, bathing, and fishing. The company also abandoned hundreds of unlined, open waste pits filled with crude, sludge, and oil drilling chemicals throughout the inhabited rainforest region. Multiple independent health studies have shown an epidemic of oil-related birth defects, cancers, and other illness.

From Amazon Watch: http://amazonwatch.org/news/2013/1113-ecuadorian-court-upholds-9-billion-judgment-against-chevron

Converting trees to wood pellets latest “green energy” gold rush

Converting trees to wood pellets latest “green energy” gold rush

By Jamie Doward / The Observer

Britain’s new generation of biomass power stations will have to source millions of tonnes of wood from thousands of miles away if they are to operate near to their full capacity, raising questions about the claims made for the sustainability of the new technology.

Ministers believe biomass technology could provide as much as 11% of the UK’s energy by 2020, something that would help it meet its carbon commitments. The Environment Agency estimates that biomass-fired electricity generation, most of which involves burning wood pellets, can cut greenhouse gas emissions by up to 90% compared with coal-fired power stations. Eight biomass power stations, including one in a unit in the giant Drax power station, are operating in the UK and a further seven are in the pipeline. None operates near capacity.

But now environmental groups are questioning where the new plants will source their wood if the technology takes off. A campaign group, Biofuelwatch, calculates in a new report that the UK could end up burning as much as 82m tonnes of biomass each year – more than eight times the UK’s annual wood production. If Drax were to operate at full capacity, it alone would get through 16m tonnes of wood a year, according to the report, which claims a Europe-wide demand for biomass is triggering a “gold rush” for wood pellets that could have implications for global land use.

The report highlights the example of Portugal, where 10% of the country is now covered by eucalyptus plantations much of which is used for biomass energy production. Two campaign groups, the Dogwood Alliance and the US Natural Resources Defence Council, have issued critical reports about the way that forests in the southern states of the US are being used for biomass production. There are also concerns that tracts of Brazil are being used to supply the wood pellets.

But the concerns have been fiercely rejected by the biomass industry. Enviva, which supplies Drax with wood pellets, said its biomass came mainly from offcuts from poor-quality trees that are left over from those grown for the construction and paper industries. It said it would be uneconomic to cut down forests purely for biomass and that the cost of shipping a tonne of wood pellets from the east coast of the US to the UK was similar to transporting the same amount some 225 miles within the UK. It said that even the most optimistic forecasts for global wood pellet demand suggested it would not exceed 40m tonnes – equivalent to 80m tonnes of wood – a year by 2020.

“Biomass is the only renewable energy source that can replace coal quickly and cost-effectively, providing the same operational benefits while dramatically improving the environmental profile of energy generation,” a company spokesman said.

Read more from The Guardian: http://www.theguardian.com/environment/2013/nov/09/biomass-power-stations-wood-forests-report

90-car oil transport train derails and explodes in Alabama

By Soumya Karlamangla / Los Angeles Times

A 90-car train derailed and exploded in rural Alabama early Friday morning, spilling its crude oil cargo into the surrounding wetlands and igniting a fire so intense that officials said it will take 24 hours to burn out. No one was injured.

The train was crossing a timber trestle above a wetland near Aliceville late Thursday night when 20 railcars and two of three locomotives derailed. Earlier reports said fewer cars had derailed.

On Friday morning, about 10 train cars were burning, according to a statement from train owner Genesee & Wyoming.

Emergency responders decided to let the cars burn out. Though the bridge is also burning, the fire is contained, officials said.

Scott Hughes, spokesperson for the Alabama Department of Environmental Management, told the Los Angeles Times that the oil has been spilled into the wetlands area.

“Typically wetlands are a sanctuary for a variety of different types of aquatic species, so once we’re able to get in and assess environmental impacts, we’ll certainly look at any impacts to aquatic organisms and other types of wildlife,” Hughes told the Los Angeles Times.

There are extensive wetlands near Aliceville, according to the state’s Forestry Commission website.

Hughes said that it’s difficult to determine how much oil has been spilled, because responders can’t get close to the fire. Hughes said his agency checked the drinking water wells in the area, and said there will be no effect on the water.

“The area’s pretty rural, there’s not a whole lot around,” Alabama Emergency Management spokesperson Yasamie August told the Los Angeles Times.

One family was evacuated, but has already been returned home, she said

The Environmental Protection Agency has one person on scene who is overseeing the clean-up and monitoring of air quality to assess the impact of the crude oil spill, regional Environmental Protection Agency spokesperson James Pinkney told The Times.

The train was en route from Amory, Miss., to Walnut Hill, Fla., according to the Genesee statement.

The use of rail to move oil amid rapidly expanding U.S. production is coming under growing regulatory scrutiny after the horrific explosion of an oil train in Canada’s Lac-Megantic, Quebec, killed at least 42 residents in July, The Times reported in September. A train with 72 tank cars hauling crude oil from North Dakota’s Bakken Shale fields rolled downhill into the city and ignited an inferno that destroyed half of downtown.

Don Hartley, a regional coordinator for the Alabama Emergency Management Agency, told The Times that the train in Alabama likely originated in North Dakota.

The Times also reported that railroads are carrying 25 times more crude oil than they were five years ago. And though railroads have improved their safety in recent years, moving oil on tank cars is only about half as safe as in pipelines.

From Los Angeles Times: http://www.latimes.com/nation/nationnow/la-na-nn-alabama-train-explosion-20131108,0,1137139.story

CEO confronts green activists during stunt at his mansion

CEO confronts green activists during stunt at his mansion

By Generation Alpha

Environmental activist group Generation Alpha has released a video of their confrontation with Aurizon CEO Lance Hockridge. The group’s Over Our Dead Bodies campaign has started targeting Aurizon over their crucial financial and infrastructure role in mining the Galilee Basin in Australia.

The coal mining complex planned for the Galilee Basin is the biggest in the world, and will challenge the Tar Sands as the most damaging resource project on the planet. Mining the Galilee would produce 330 million tonnes of coal, enough to fill a train wrapped around the world one and half times.

The activists visited the CEO at his $4.5 million mansion to place giant carbon footprints coming from his front gate, to demonstrate his personal responsibility for what is seen by the environment movement as an impending environmental catastrophe. He saw the action and approached the activists, accusing them of trespass, even though they were clearly outside his property.

In the confrontation between Lance Hockridge and campaign coordinator Ben Pennings, Hockridge firstly denies the importance of Aurizon. However, when Pennings asks how the mining companies will transport the coal without a rail line the CEO simply says, “That’s a matter for them isn’t it”.  Afterwards, Pennings said:

Mining the Galilee Basin is like setting off a bomb. 700 million tons of extra carbon pollution each year is a deadly catastrophe, an environmental crime. CEOs shouldn’t be able to hide behind a corporate entity for their life threatening decisions. We will continue to target Lance Hockridge, to tell the truth about this crime to his neighbours, his community, the world. We will do this and much more till he considers what’s best for the future, not just his wallet.