Editor’s note: While renewable energies won’t save the climate and need to be fought against, it’s as neccessary to keep on fighting against fossil fuels. Because the oil and gas industries will continue with their business as usual – even if they promote an energy transistion from fossil to renewables. This is a lie, all technology inventions for new energy extraction are added up. That’s why it’s effective when people organize in order to continue the abolition of burning fossil fuels, be it in court or outdoors.
Judgment could have profound implications for new fossil fuel projects, including Cumbrian coal mine and North Sea oil and gas fields, says Friends of the Earth.
United Kingdom. Surrey County Council acted unlawfully by giving planning permission for oil production at Horse Hill in the Surrey countryside without considering the climate impacts when the oil is inevitably burned, the Supreme Court has ruled today.
Planning permission for four new oil wells and 20 years of oil production at Horse Hill will now be quashed.
The landmark judgment follows a legal challenge against Surrey County Council’s decision to grant planning permission for oil drilling at Horse Hill, near Gatwick airport in the Surrey countryside.
The case was brought by former Surrey resident Sarah Finch, on behalf of the Weald Action Group, and supported by Friends of the Earth.
It could have enormous impacts on all new UK fossil fuel developments – including proposals for a new coal mine in Cumbria and North Sea oil and gas projects.
Not included
Finch argued that the environmental impact assessment carried out by Surrey County Council – which declared a climate emergency in 2019 – should have considered the climate impacts that would inevitably arise from burning the oil, known as ‘Scope 3’ or ‘downstream’ emissions.
More than 10 million tonnes of carbon emissions would be produced from burning the oil, but this was not included in the environmental impact assessments.
Scope 3 emissions are increasingly being left out of environmental impact assessments when planning applications are made for fossil fuel projects, including plans for a new coal mine on Cumbria and new North Sea oil developments, despite the huge impact they would have on the escalating climate crisis.
Justice Leggatt said: “I do not accept the premise that it would be wrong for a local planning authority, in deciding whether to grant planning permission, to take into account the fact that the proposed use of the land is one that will contribute to global warming through fossil fuel extraction.”
FoE called the ruling “groundbreaking”, and “a heavy blow” for the fossil fuel industry. The judgment is very clear that the inevitability of the end-use emissions of this oil project meant they were indirect effects of the development, and so needed to be factored into the environmental impact assessment, FoE pointed out in a statement.
Friends of the Earth lawyer Katie de Kauwe said: “This historic ruling is a watershed moment in the fight to stop further fossil fuel extraction projects in the UK and make the emissions cuts needed to meet crucial climate targets. It is a huge boost to everyone involved in resisting fossil fuel projects.
“Gas, oil and coal companies have been fighting tooth and nail to avoid having to account for all the climate-harming emissions their developments cause,” she said.
Developers of the Whitehaven coal mine and the Rosebank oil field in the North Sea also did not provide information on downstream emissions in their environmental statements.
This historic ruling is a watershed moment in the fight to stop further fossil fuel extraction projects in the UK. Gas, oil and coal companies have been fighting tooth and nail to avoid having to account for all the climate-harming emissions their developments cause.
Both are currently subject to legal challenges, and today’s judgment strengthens the cases against them, FoE believes.
The Stop Rosebank campaign is also bringing legal action on the grounds that the emissions from burning the oil and gas had not been taken into account. Its case was on hold pending the Supreme Court decision.
In a statement, the campaign said: “This now means that we can proceed with our legal case against the Rosebank oil field on very strong grounds and with more confidence than ever. We expect to get the official permission to proceed with the Rosebank case, along with a date for our hearing, very soon.”
Grit
De Kauwe added: “This is a stunning victory for Sarah Finch and the Weald Action Group, after nearly five years of grit and determination, in going to court year after year against adversaries with far greater financial resources than they have. Despite setbacks in the lower courts, they never gave up.”
Campaigner Sarah Finch said she was“absolutely over the moon” to have won the case. “The oil and gas companies may act like business-as-usual is still an option, but it will be very hard for planning authorities to permit new fossil fuel developments – in the Weald, the North Sea or anywhere else – when their true climate impact is clear for all to see,” she said.
In a statement, Surrey County Council said: “Council officers at the time of the planning application assessment believed that they acted in compliance with the law. The judgement makes it clear that local planning authorities must have regard to downstream emissions.”
A new decision on the planning application will need to be made in due course.
Catherine Early is a freelance environmental journalist and chief reporter for the Ecologist. She tweets at @Cat_Early76. This article is published under Creative Commons 4.0
Editor’s note: Exxon Mobil recently discovered more oil and gas fields in the disputed territory of Esequibo in South America. Guyana has already awarded drilling bids to the corporation. But Venezuela claims the region its own. News about the developments changes rapidly: On December 3rd the Venezuelan people voted 96% in favor of the non-binding referendum María Páez Victor writes about. Nobody informed Indigenous leaders in Esequibo about the situation, according to Deutsche Welle.
The question one might ask now is: will Guyana and Venezuela be able to protect Esequibo’s dense rain forest together with its indigenous peoples, or will Exxon Mobile set up yet another “carbon bomb”?
Apart from oil and gas, Exxon Mobil wants a part of the electric vehicle cake, too: As global energy demand grows, the corporation will start producing EV-batteries in 2026 in Arkansas.
Attacks on Venezuela by the USA and its allies include 930 illegal sanctions that shut the country out from international finance blocking it from buying medicines, food or producing or selling its oil.
Also there have been direct and indirect support for coup d’etat attempts, street violence leading to murders and injuries, cyberattacks on its electricity grid, sabotage of oil and infrastructure, financing criminal bands, corruption of officials, assassination attempt against the President and his cabinet, setting up a false presidency, appropriating CITGO oil company and billions of Venezuelan assets in banks, blocking the country from obtaining Covid-19 vaccines during a pandemic, and a brutal attack on the currency. It is estimated that at least 100,000 Venezuelans have lost their lives due to the illegal sanctions.
It seems it has not been enough.
Now, wrapping itself in old-fashioned colonialism, the USA through its creature Exxon Mobil, and hand in hand with its imperial ally Great Britain, are poised to pull the biggest land grab since the US took a quarter of México, by means of sleight-of-hand judicial theft.
Long standing issues – land and gold
All the ancient maps of Venezuela, from the time it was first mapped under Spanish rule, show that its eastern border was the Esequibo River.
On the other side of the river was a territory later claimed by England that became British Guiana. It was a place where explorers thirsty for gold invaded seeking the myth of El Dorado, which they did not find but did find gold and the sweet gold of sugar cane. Using a deliberate misinformation campaign, involving the bogus cartography by R. Schomburgk, as far back as 1835, the British Empire made inroads into Venezuelan territory.
After Britain gave independence to British Guiana and it became Guyana, these inroads did not cease. The territory to the west of the river called Guayana Esequiba, thus claimed by Guyana and which is in dispute, measures 159.542 Km², a territory bigger than Portugal and the Netherlands together.
The long-standing controversy reached a point when in 1899, an Arbitral Tribunal in Paris was convened to settle the matter – with not a single Venezuelan present! The judges were from Britain, the United States and one Russian. The USA, claiming some sort of reason to be there because of their own Monroe Doctrine, presumed to represent Venezuela. The sentence, to no one’s surprise, benefited Great Britain.
Venezuela continued to fight this astonishing judicial theft of the land that had always been part of Venezuela, and after long diplomatic struggles, the Accord of Geneva of 1966 was agreed upon by both parts. It emphatically declared null and void the actions of the Paris Tribunal of 1899, and stipulated that both parts – Venezuela and Guyana- are obligated to negotiate amicably together in good faith to resolve all matters concerning the Esequibo. Furthermore, considering this Accord, in 1980 both parties agreed to the United Nations mechanism of Good Offices, whereby a jointly appointed person would help implement negotiations.
Exxon Mobil and today’s issue – black gold
In 2014/15, the most sinister and predatory oil corporation in the world, Exxon Mobil -an avowed enemy of Venezuela- discovered oil in land and sea of the disputed territory. That ended all the ongoing amicable negotiations between Venezuela and Guyana, as the wealth of Exxon Mobil obtained the upper hand of the government of Guyana.
The present prime minister, for example, has been handed $18 million in exchange for refusing to negotiate further, denouncing the Geneva Accord of 1966 and demanding that the decision of the 1899 Paris Tribunal be enforced through yet another biased team of judges at the International Court of Justice, that actually has no jurisdiction except its own self-enlarged mandate.
But most dangerous of all, the oil corporation urges Guyana to aggressively provoke Venezuela into attacking so that it can present itself to the world as a “victim” of Venezuela. The aim is to provoke a frontier war so that the naval fleet of the US Southern Command – now conveniently posted in the adjacent seas- can then intervene militarily and invade Venezuela. Since 2015 Guyana has been carrying out military manoeuvres with the Southern Command with Venezuela as a target.
There is nothing the USA would want more than “a cause”, real or not, to invade Venezuela and get its hands on the rich oil, gas and precious minerals that are abundant there. It can no longer count on stooge right-wing governments in Colombia and Brazil, so now it is manipulating Guyana to be its surrogate war monger. The fleet of the US Southern Command is already poised in waters off the Esequibo and, in fact, the USA has army presence in Guyana itself.
However, Venezuela clearly understands this ruse. It has repeatedly stated that Venezuela has never gone to war – except when its armies marched to Colombia, Peru, Bolivia, and Ecuador to liberate them from the Spanish Empire. Venezuela seeks a peaceful outcome.
The people of the Esequibo
Guyana is one of the most unequal and poor countries in the region.
Its resource extraction enterprises are in the hands of foreign corporations, and the income they grant the country has not had the corresponding impact on the health and welfare indicators of the population. The first attempt to measure poverty was in 1992-93, later repeated in 2006. An academic scholar has concluded:
“The economic history of Guyana is one of slavery, indenture, colonialism and a social stratification based on skin colour.”
The first free elections occurred just as recently as June 1953, but were followed in October of the same year by a British invasion with troops and ships, abetted by the USA, which overthrew the elected populist government of Cheddi Jagan y Forbes Burnham.
Its society suffers with accusations of corruption, inefficiency, and police brutality It has about 78,500 indigenous peoples, 10% of the population, that have been sadly, and historically neglected by the Guyanese government but are now defending their rights through their own movements as since 1990 multinational resource exploitation has increased and highlighted the failure of the government to recognize and guarantee indigenous rights.
Many indigenous people of the Esequibo consider themselves Venezuelans, or at least of dual nationality. Since the Chávez government, Venezuela has been proposing joint ventures that would benefit both countries, especially the population in the Esequibo, just as it has effective and amicable gas exploitation with Trinidad and Tobago on shared seas.
The referendum
Venezuela’s position on the Esequibo is based on the borders it has always had since it was a General Captaincy of the Spanish Empire as clearly stated in Article 10 of the Venezuelan Constitution. It also emphatically declares that the nation’s sovereignty resides in the people, and that the Republic is democratic, participatory and protagonist, multiethnic and pluricultural.
In Article 70, referenda are indicated as one of the ways in which the people can participate in the exercise of their sovereignty. Furthermore, Article 71 states that matters of special national transcendence can be submitted to a consultative referendum.
Therefore, on 6 December 2023 the Venezuelan people will be asked to answer “yes” or “no” to 5 questions: if they reject the 1899 Paris arbitration, approve of the 1966 Geneva Accord agreement as the only binding mechanism to resolve the issue, agree with not recognizing the International Court of Justice’s jurisdiction, oppose Guyana’s unilateral appropriation of the Esequibo’s territorial waters. The 5th key question asks voters if they agree with establishing a new state, called Guayana Esequiba, in the disputed land, granting Venezuelan citizenship to its inhabitants and implementing accelerated social programs.
This last question is of critical political relevance because it, in effect, offers the Esequibo people all the advantages, rights, equality, services and prosperity that today the Venezuelan government and institutions can provide to its citizens. It is so crucial that immediately Guyana and Exxon Mobil demanded of the International Court of Justice be brought into the dispute to do something impossible: to forbid the nation of Venezuela to carry out a referendum for its own citizens! That is, to directly intervene in the domestic affairs of a sovereign country and violate its Constitution. Thus is the fear that they have towards the voice of the people.
However, the ICJ does not actually have jurisdiction over this issue not only because for years it has creepingly and unilaterally expanded its own mandate, but also because any demands of this nature must be made by both parties, and Venezuela has not accepted that court’s involvement or jurisdiction.
Yet Exxon Mobil has paid for Guyana’s substantial legal fees before this court.
Oil corporation “paying” to grab land
Venezuela’s electoral process -considered by former US President Jimmy Carter as the best in the world- always carries out a trial vote just to make sure everything is in working order. This trial vote on November 19th had a surprising result: the turnout was three times larger than in any other election trial, more than 3 million voters turned up! This is a clear indication of the great interest that Venezuelans have in the Esequibo. In fact, the Esequibo is the most important unifying issue in Venezuela today. Government, artists, oppositions, NGOs, unions, private sector, educators, etc; it seems the entire country is standing up in defense of the Esequibo.
But there is one factor, apart from maps, judicial lawfare and referendum, that will impact on this issue: it is Exxon Mobil and the millions it is distributing among politicians, lawyers, and media to get this land grab.
Exxon Mobil is perhaps the most criminal oil company in the world.
For decades its engineers knew well what fossil fuels were doing to the climate, but not only did they supress this information, they paid writers, scientists, and media to deny climate change was happening. It has violated human rights of countless rural and indigenous people; and in Indonesia its collaboration with a brutal government led to it being accused of genocide.
Its seems wherever it operates it commits ecocide, crimes against nature.
One of its worst crimes was the environmental disaster caused by its oil tanker the Exxon Valdez. In 1989 it spilled 10.8 million gallons of crude oil in Alaska, causing the death of between 100,000 and 250,000 marine birds, hundreds of otters, seals, eagles, orcas and innumerable fish.
Exxon Mobil spent years fighting in courts, denying its culpability, and trying to squirm out of paying for damages caused. In the end, after 20 years of litigations, it paid the state of Alaska the pittance of $507 million, that is one tenth of the cost of the damages caused by its oil spill.
If it can do this to Alaska in its own home country, imagine what little environmental protection the people, and pristine flora and fauna of the Esequibo would get from this irresponsible corporation.
This is the monster that has bought Guyana and that is attacking the sovereignty of Venezuela.
What is at stake
This is not merely a territorial dispute between two countries, but more than that, what is at stake is the validity of international law, the integrity of the Geneva Accord of 1966, the integrity of the Good Offices of the United Nations, and the honesty of the International Court of Justice (if it has any).
In the end it is the struggle between democracy and the rapacious interests of a powerful oil corporation in the service of the United States empire.
However, Venezuela has defeated an empire before.
María Páez Victor, Ph.D. is a Venezuelan born sociologist living in Canada.
Graph: Top 10 Carbon Majors (with caption & annotations) by Carbon Visuals is licensed under CC BY 2.0.
Editor’s Note: Protests and demands by the mainstream environmental movement has yet failed to make any substantial changes in the ecological health of the natural world. Day by day, the situation is getting worse. Ecosabotage, on the other hand, deals directly with the problem and stops the powerful’s ability to control nature. The following is a communique submitted anonymously to, and originally published by, Unsalted Counter Info.
Reportback from some valve turners
It is with a heavy heart and hazy skies we announce that 2 different pipeline valves were turned off along the Line 5 route on Anishinaabae land in the great lakes region.This was done on the 13th anniversary of the Kalamazoo River oil spill.This was the 2nd largest inland oil spill in amerikkkan history, dumping 1,000,000 gallons of tar sands crude oil into the river and causing untold damage to the water, land and those who live on it.
Currently, Enbridge is preparing to construct a concrete tunnel beneath the waters of the so-called Great Lakes to house a dual pipeline system in order to increase flow rates and carry even more tar sands from the lands of the north to refineries in the south. The Straits tunnel project is meant to replace a 70 year old pipe that is hastily secured to the bottom of the lake bed, even free floating in some areas.
Enbridge claims that the tunnel is safe, but a tunnel project beneath the straits is a resource intensive project. The tar sands would continue to be extracted, desecrating the land in northern geographies. The refineries in the south still pumping out toxic fumes that pollute nearby Black neighborhoods. The camps of workers near both the straits and the Bad River reroute still disappearing Indigenous women and relatives.The companies that rely on Enbridge oil still operating in the towns and cities, underpaying workers and enacting anti-Black and anti-Indigenous violence in nearby communities.The tunnel itself, bored through the bedrock beneath the water, containing two high-volume pipelines transporting millions of barrels of oil monthly, operated by a company with a long history of environmental catastrophe.
It’s easy to turn a valve. Every 10 or so miles along the pipeline route there is a pump station. Some of these pump stations are larger than others, some containing more of Enbridge’s infrastructure like work trucks, electrical stations, dynamic machinery, communication systems, and field offices. For us, we found pump stations that simply contained a valve and a small brick structure that contains basic comms and electrical components. Many of these places are remote, with response times that vary from 20 minutes to over an hour. Pump stations often contain a high-definition camera with a motion sensor mounted looking directly at the valve. When the motion sensor is triggered, the structure becomes heavily illuminated by flood lights and begins recording. Nothing some spray paint can’t fix! The structures are always surrounded by a fence and are positioned next to or on top of a service road. The pipeline route is easy to see from a satellite image, as it cuts a clear path through the forest. The valve itself sometimes has a nut that is fitted with a large wrench and turned clockwise until you hear a series of musical notes, indicating that the pressure in the pipe has changed. At some valves, there was actually a big red button that just said STOP, which stops flow immediately. For us, we found it incredibly important to call the emergency Enbridge number listed on the facility and tell them we were shutting off the valve. The engineer on the other side of the line sounded very panicked, and immediately shut off flow to the entirity of Line 5. We did this 5 minutes before actually turning the valve, to ensure that the shut down would happen safely, obviously oil spills aren’t something we want to happen as a result of our actions.
In order to protect the water, the land and all the relatives that live on it, companies like Enbridge must stop extractive projects like tar sands. They must stop the flow of oil, because all of our lives depend on it.
The 2023 DGR conference is scheduled for late August in northern California. This annual gathering is an opportunity for our community to share skills, reflect on our work, strengthen our connections, and plan for the future. While this conference is only open to DGR members, we do invite friends and allies on a case-by-case basis. If you’re interested in attending, please contact us, and if you’d like to donate to support the conference, click here.
Editor’s Note: This press release from CELDF (Community Environmental Legal Defense Fund) describes a gag order put against an activist, Tish O’Dell, for talking about her concerns on the use of an industrial byproduct in her community. The gag order was placed in 2012. Since then, tests have affirmed that not only was the product toxic, it is also high in radioactive elements. Lawsuits by big corporations against activists are one of the tools used to shut down any form of resistance. We have talked about it also in the context of the lawsuit against activists and tribal members involved in protecting Thacker Pass. After a decade during which new research has been conducted, Tish O’Dell has appealed for a termination on the gag order.
OHIO, Cuyahoga County – On Friday, June 16, a motion was filed in the Cuyahoga Court of Common Pleas for relief from judgment for Tish O’Dell to terminate the permanent injunction from a Strategic Lawsuit Against Public Participation (SLAPP) filed against her in March 2012 by Duck Creek Energy which claimed defamation and loss of business profits.
O’Dell had been active at the time, educating both her community, elected leaders and neighbors about the harmful effects of urban oil/gas drilling happening in her community of Broadview Heights and surrounding communities by sending emails, posting information online and attending community meetings. In the process, she had learned of Duck Creek Energy’s road de-icer, AquaSalina, which according to Duck Creek Energy President, Dave Mansbery, was a byproduct of oil/gas drilling. O’Dell’s concern increased upon learning, from test results reported to the Ohio Department of Natural Resources (ODNR), about the high levels of substances like benzene, toluene and ethylbenzene contained within the supposedly harmless de-icer. These substances are known to be carcinogenic. She also continued to conduct more research on ODNR’s website and in other places in order to inform herself and educate others as to what takes place during the drilling process and fracking.
“When I learned that AquaSalina was being used on my community’s streets as well as in neighboring communities, I wanted to inform people about what I had learned,” said O’Dell. “I felt people needed to know what was being spread on the roads that they, their kids, and their pets were walking on. And common sense indicated to me that what is spread on our streets gets into our air and our lawns and goes down street drains to water supplies. I knew the oil/gas industry was powerful, but I also believed in my right and everyone’s right to free speech and the right to question the government and their decisions. I had never heard of a SLAPP lawsuit until there was a knock at my front door and the person asked if I was Tish O’Dell and told me ‘You’ve been served’.”
After a year of court filings, depositions, and much pressure directed against O’Dell’s inclination to go to trial, a settlement was signed in the fall of 2013. Part of the settlement involved granting a permanent injunction, an extraordinary remedy in a defamation case, against O’Dell, prohibiting her from using certain words to describe the product AquaSalina. During this time Mansbery began bottling and selling the product on store shelves in local hardware stores and even at several Lowe’s locations in Ohio. This afforded activists and scientists the opportunity to purchase the product and begin testing it. And in the decade since, there has been much research and testing of the product by the state agency ODNR, universities, Rolling Stone Magazine and other publications. The tests affirmed that not only was the product chemically toxic, it is also high in radioactive elements, Radium 226 and 228. In October 2021 the Ohio Department of Transportation stopped using AquaSalina in part because of the environmental concerns.
Because these recent test results and scientific research papers didn’t exist in 2012, O’Dell is filing this motion to dissolve the court order so she can again speak freely and warn people about the dangers of this product to both humans and nature. There have been several attempts over the past few years to pass a law at the state level which would make a commodity out of this drilling byproduct. And with the state opening up leasing of park land for fracking this year, there will be more brine produced.
“SLAPP suits are just another tool used by industry and corporations to silence and intimidate those who speak out against them and their activities,” stated Wyatt Sugrue, Chicago attorney. “The goal is not only to silence journalists, individuals and organizations, but to also make others afraid to speak up. In recent years there have been high profile cases of SLAPP suits against John Oliver and HBO, Mother Jones Magazine and recently Texas Gubernatorial candidate Beto O’Rourke who was served with a SLAPP by the CEO of Energy Transfer Partners, Kelcy Warren.”
As stated in the motion:
The Ohio court system has in essence allowed a limited-purpose public figure, Duck Creek Energy, to immunize itself from public scrutiny, and the court system is acting as the personal police force for the company to stop such scrutiny.
“What I have learned over the past decade is how our system, controlled by an elite minority, is quashing the people’s constitutional rights. I witnessed this first hand working with so many great people across the state who were also attempting to protect their own communities and nature. They inspired me to do this,” stated O’Dell. “I can’t just tell others to stand up for their rights and what they believe in and to have courage even when it seems scary, and not practice what I preach.”
A recent article by EarthJustice, September 2022, sums it up, “We aspire for the courts to be an institution that upholds the rights of all, however, SLAPP suits are a way for the rich and powerful to abuse the court system and turn it into a tool that silences individuals and organizations. SLAPP suits disguise themselves as legitimate lawsuits, and while most end up being dismissed, their real goal is quashing legitimate dissent and protest in the process. Protesting is one of the cornerstones of our democracy, a right so important in the early days of our country that it is explicitly included in the first amendment. One thing is clear. Our courts must uphold this right for everyone and cannot become tools for the rich and powerful to abuse power and limit the ability of all of us to seek justice and speak out against issues impacting our communities.”
In the O’Rourke SLAPP, it has been discovered that Warren, the plaintiff, has also made campaign contributions to six of the nine Texas Supreme Court Justices that could ultimately hear the case.
According to CELDF Attorney Terry Lodge, “Ending the gag order on Tish O’Dell is important to our work as an organization. CELDF works with community members and activists throughout the state and country to assert their constitutional and democratic rights to expose harms and stand up for protecting the community and nature. If the wealthy and powerful can file lawsuits to silence their voices, those must always be opposed.”
Editor’s Note: Civilization is destructive. It endangers everyone in its quest for development, including vulnerable human communities. We stand in solidarity with all efforts by communities to protect themselves and the natural communities they live in. The following is a press release by Women’s Earth and Climate Action Network International (WECAN). You can find the original statement here.
USA, May 25, 2023 — Today, Indigenous women leaders from the Indigenous Women’s Treaty Alliance, joined by over 150 organizations, representing millions nationwide, submitted a letter to the Biden Administration with an emergency request to decommission Enbridge Line 5 pipeline due to imminent threats of oil spills impacting the Bad River Watershed and the Great Lakes.
Enbridge’s Line 5 pipeline was originally built in 1953, and continues to operate nearly 20 years past its engineered lifespan, transporting crude oil through northern Wisconsin, Michigan’s Upper Peninsula, and under the Straits of Mackinac. The letter to President Biden and representatives of the Environmental Protection Agency follows the advocacy of the Bad River Band of Lake Superior Chippewa who submitted a court filing in May calling for the shutdown of Line 5 after showing evidence that record snowfalls, and heavy rains and winds have further compromised the integrity of the pipeline.
Due to recent flooding, erosion of a local riverbank has led to Line 5’s centerline to be within 11 feet or less of the river waters, creating an immediate threat. The letter notes that erosion from receding waters or the next rainfall could cause a “guillotine rupture” – a vertical break causing oil to gush from both sides, poisoning the Bad River watershed and Lake Superior, impacting the Great Lakes region which holds one-fifth of the world’s fresh surface water, and provides drinking water for 40 million people in North America.
The letter points to the significant harms an oil spill would have on waterways, ecosystems, wild rice beds, and clarifies how it directly undermines Indigenous rights and Indigenous Sovereignty:
“Imminent pipeline ruptures at the Bad River in Wisconsin and into the Straits of Mackinac threaten our drinking water, fisheries, manoomin and cultural survival…Our sovereignty and treaty-protected rights to hunt, fish, and gather food and medicine are all at risk.”
Already, Line 5 has spilled over 30 times, dumping more than a million gallons of oil. Independent consultants have estimated clean-up costs for a crude oil spill in the Great Lakes at $1.878 billion.
The signatories urge President Biden to revoke the Presidential Permit and force Enbridge to cease Line 5’s operations, pointing to the Administration’s climate directives and goals.
The letter comes from Indigenous women who are advocating to stop Line 5, and is endorsed by local and national groups representing Indigenous groups, environmental organizations, faith groups, and more. Please see quotes from the initiating signatories of the letter below:
Aurora Conley, Bad River Ojibwe, Anishinaabe Environmental Protection Alliance:
“As a Bad River Band of Lake Superior Ojibwe member, I am calling on the Biden Administration to shut down Line 5 immediately. Our territories and water are in imminent danger, and we do not want to see irreversible damage to our land, water, and wild rice. We do not want our lifeways destroyed. The Ojibwe people are here in Bad River because of the wild rice. A rupture from this oil spill will irreversibly harm the Great Lakes and wild rice beds. This is unacceptable. We will not stand for this. Shut down Line 5 now.”
Jannan J. Cornstalk, Citizen of Little Traverse Bay Bands of Odawa Indians, and Director of the Water is Life Festival:
“Our very lifeways and cultures hang in the balance as Line 5 continues to operate illegally in Indigenous territories and water. These are our lifeways– when that water is healthy enough that rice is growing– that not only benefits our communities, but that benefits everybody up and down stream. Allowing Line 5 to continue to operate is cultural genocide, and the Biden Administration must listen and shut down Line 5. That water is our relative, and we will do whatever it takes to protect our water, our sacred relative.”
Jaime Arsenault, White Earth Band of the Minnesota Chippewa Tribe, Tribal Historic Preservation Officer:
“We are urging the Biden Administration to revoke its Presidential Permit and shut down Line 5. We saw a multitude of preventable environmental tragedies occur in Minnesota with the destruction brought by Line 3. As a result – wild rice, watersheds, traditional lifeways and the wellbeing of Indigenous communities are still under constant threat. Right now, the Biden Administration has the opportunity to protect waterways, rice watersheds and lands threatened by a rupture of Line 5. Honor the treaties and the leadership of Tribes, and shut down Line 5.”
Rene Ann Goodrich, Bad River Tribal Elder, Native Lives Matter Coalition and Wisconsin Department of Justice MMIW Task Force Member:
“Line 5 crosses over tribal treaty territory and one of those ceded territories is my own reservation of Bad River. So the age of the pipeline, the danger that it brings to the environment is our biggest concern here. We have that need, we have that responsibility, we have that duty to protect our life givers. Our life givers are the earth, the aquifers underneath the earth, the women that are sacred water carriers, and water itself that brings life. As sacred water carriers we stand with the water, and urge the Biden Administration to take action and shut down Line 5 immediately.”
Carrie Chesnik, Oneida Nation Wisconsin, Founder of the Treaty Land Trust:
“We have an opportunity here to shut down the Line 5 pipeline, and protect what we all hold dear. We all have the responsibility and agency to act in a good way, to care for the land and waters. What our communities have known for a long time is that the water is hurting, Mother Earth is hurting, and pretty soon we won’t have clean water for our kids, for future generations. As a Haudenosunee woman, an auntie, daughter, and sister, I have an inherent responsibility to the water and our children. Every single one of us has agency and a responsibility to take action, honor the treaties, and protect Mother Earth. It is the time to be brave and courageous.”
Gaagigeyaashiik – Dawn Goodwin, Gaawaabaabiganigaag, White Earth-Ojibwe, Co-founder of R.I.S.E. Coalition, Representative of Indigenous Environmental Network:
“As a member of the Wolf Clan I have an inherent responsibility to protect the environment and the people. I want us to imagine a world where we are working as one team as we should be working together. The government has failed to protect the water in the past, yet there is an opportunity now to protect the water before irreparable damage occurs. Our treaties are being ignored and yet, treaties are the SUPREME LAW of the land. It is time to honor and respect the treaties as the supreme law of the land, as they were written and intended, and to listen to Tribes and Indigenous leaders calling for an immediate shut down to the Line 5 pipeline. We are the women of the Indigenous Women’s Treaty Alliance calling upon you to rise and to protect all that is sacred – shut down Line 5!”
Nookomis Debra Topping, Nagajiiwanong, 1854 Treaty Fond du Lac, Co-founder of R.I.S.E. Coalition:
“Nibi (water) is sacred, Manoomin is sacred, that is our life blood, that is us, that is why we are here. We will not allow any further destruction to our sacred ecosystems and water. Everyday the threat increases, allowing Canadian Corporation Enbridge’s Line 5 to continue operating is genocide! We’ve followed every process, Tribes and the Governor of Michigan have called for a shut down of Line 5. The science is there, the evidence is there. Deny Enbridge any further allowance to destroy Mama Aki (Earth), and shut down Line 5.”
Since 2022, the Women’s Earth and Climate Action Network (WECAN) has been honored to facilitate the Indigenous Women’s Treaty Alliance. In response to the call for action, Osprey Orielle Lake, Executive Director of the Women’s Earth and Climate Action Network (WECAN) stated: “The Bad River Band continues to sound the alarm, and the Biden administration must listen and immediately shut down Line 5. The imminent danger of a rupture to Line 5 due to increased erosion on the Bad River threatens Indigenous Peoples existence and rights, biodiverse ecosystems, and the Great Lakes, which holds one-fifth of the world’s freshwater. The Administration has the necessary tools to cease operations, and must take action before it’s too late. The Great Lakes and local communities cannot be the next sacrifice zone.”
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