by DGR News Service | Sep 29, 2016 | Obstruction & Occupation
by Direct Action Spokane
A group of Spokane, Washington citizens are currently protesting on the BNSF railroad tracks off Trent, east of Napa. The action is being carried out to alert the region to the rapidly expanding impacts of climate change. The undisputed leading cause of global climate change is the burning of fossil fuels like coal and oil that are currently being transported daily through Spokane in large volumes and destined to be burned.
“Oil and coal trains traveling through Spokane to west coast terminals are kicking the can down the road of adding to green house gases which contribute to global warming whether consumed in Asia or here at home in the United States”, says George Taylor, protester, Veterans for Peace member, and visiting pastor of All Saints Lutheran Church in Spokane. “For me, it is a moral issue to stop these trains carrying these fossil fuels.”
Trains from BNSF, Union Pacific, and Canadian Pacific that pass through the city and county of Spokane carry Bakken crude oil from North Dakota, Tar Sands crude oil from Canada, and coal from the Powder River Basin in Montana and Wyoming. The crude oil is bound for refineries in the Northwest and Canada and will eventually be burned domestically and internationally. The coal is bound for export terminals in the United States and Canada for shipment to Asia to be burned in coal-fired power plants.
“The hyper-pollution won’t stop until the destructive extraction stops, and that won’t stop until ordinary individuals challenge the trafficking of the ill-gotten, obsolete fuel. I am an ordinary citizen, taking an ordinary stand against an extraordinary threat”, says protester and Veteran for Peace member Rusty Nelson.
Veterans for Peace is an international organization made up of military veterans, military family members, and allies. Their focus, through chapters including one in Spokane, has been speaking out against the true impacts and costs of war. However, Veterans for Peace recently released a statement in support of the protest at Standing Rock in North Dakota against an oil pipeline saying, “We understand that different nonviolent struggles for social and ecological justice are linked by the common thread of resistance to subjugation and oppression.”
Today’s action in Spokane for the climate and against the fossil fuel trains comes on the heels of a similar action that took place at the end of August where three Raging Grannies were arrested for refusing to leave the tracks. The three – Nancy Nelson, Margie Heller, and Deena Romoff – were charged with trespass and blocking a train. Separate pre-trial hearings have been set for each, with the first happening next week.
“It is my duty as a patriot and citizen of our city and nation to stand up against big oil and coal exports to China. The fossil fuel filled air of China travels on a jet stream right into North America. We as Spokane residents breathe this air too”, says Maevea Aeolus, who is sitting on the tracks as a nurse, counselor, and Veteran for Peace.
Direct Action Spokane stands in solidarity with ongoing actions around the country working to stop the burning of fossil fuels. Direct Action Spokane is also committed to stopping the transport of oil and coal trains through Spokane and calls on other communities, up and down the rail line, to do the same.
Also read about the recent Deep Green Resistance coal train blockade in Bellingham.
by Deep Green Resistance News Service | Sep 26, 2016 | Obstruction & Occupation
by Natalie Hand / Lakota Media Project
1851 Ft. Laramie Treaty Territory, Cannon Ball, ND—Hundreds of tribal members and allies marched onto active and ongoing construction sites of the Dakota Access Pipeline yesterday. Water protectors brought offerings of prayer, ceremony, drums, and tribal nation flags to construction sites to expose illegal company actions.
Julie Richards, founder of Mothers Against Meth Alliance (M.A.M.A.) based in Pine Ridge, South Dakota stated, “Our ancestors fought for our rights to clean water and to have a good way of life and now we’re fighting to make sure that our daughters and great granddaughters can also have those rights and a better life. All this land is sacred to us—it’s our ancestral homelands and part of the designated treaty territory.”
On September 9, 2016, the United States Army Corps of Engineers issued an order to temporarily cease all work within 20 miles of the Lake Oahe/Missouri River but Dakota Access Pipeline construction crews have used the public’s perception of halted activity to aggressively continue destructive construction within the buffer zone. Each morning hundreds of workers employed to lay and weld pipes, underbore roads, and install valve controls travel by the busloads to dozens of sites, working 6-7 days a week. This activity violates both Federal treaties with the Oceti Sakowin and the Obama Administration’s orders to halt construction.
“We need to be aware that this 20 mile buffer zone is imaginary. They’re still laying pipe—moving it towards us—towards the water we’re protecting. Progress on easements is continuing even though they don’t consider it construction,” stated Kate Thunderbolt, a water protector.
Ms. Thunderbolt went on to emphasize that the action demonstrates how the gathering of over 250 tribes, the largest in decades, represents an ability to escalate the force of peaceful resistance to stop the pipeline.
“We want a unity action to bring all the camps within Oceti Sakown together as one. With our unity we will bring the power of the people to stop this oncoming black snake. From each camp within Oceti Sakown we have the power to come together to show the world we are in unity in stopping their construction of destruction,” added Thunderbolt.
Water protectors have taken it upon themselves to defend their indigenous rights and say if construction continues daily then action to stop construction will also continue daily.
The Red Warrior Camp is preparing for Winter camp. If you’d like to make a donation please visit their website at www.oweakuinternational.org.
by Deep Green Resistance News Service | Sep 15, 2016 | Obstruction & Occupation
by Red Warrior Camp
Mandan, ND… Water protectors stopped construction at two Dakota Access Pipeline sites on September 13, northwest of Mandan through nonviolent direct action.
At approximately 10:30 a.m. CST, two water protectors “locked down” to heavy equipment at the first action site. One of the individuals was locked onto the machine for nearly 7 hours.
Trained medics, media, legal observers and police liaisons were on hand to offer support and were also arrested.
Separately, water protectors successfully and peacefully stopped construction at the second site. A worker pepper sprayed one of the water protectors before leaving the scene.
Law enforcement began to arrive within the hour, followed by a large bus load of police dressed in full riot gear. An initial police line was formed with officers toting pellet guns. Filing in behind them was a second line of officers pointing large semi-automatic rifles at the water protectors.
The water protectors were immediately told that they were trespassing and subject to arrest. Morton County Sheriff’s office confirmed that there were 22 water protectors in custody by 4:00 p.m. The majority of those arrested are charged with Criminal Trespass, a Class B Misdemeanor.
The two individuals who locked down to the equipment are charged with Criminal Trespass, Disorderly Conduct, and Obstruction of a Government Function.
The Morton County Jail booking process of the water protectors continued on into the evening hours. Jail officials informed the Camp’s legal team that the ND States Attorney, Al Koppy, had ordered that only a North Dakota licensed attorney could visit the jailed water protectors, which is a violation of their constitutional right to counsel of their choosing for initial consultation.
The volunteer legal team assisting the water protectors called upon Chad Nodland, a local attorney who was also met with resistance by Morton County Jail staff. Although some of the inmates had been processed, the jailers informed Nodland that he would have to wait until all 22 arrested were processed before he could speak to them individually.
Morton County Sheriff’s Office refused to comment at press time. The water protectors’ bond hearing is scheduled for 1 p.m. CST on Wednesday, September 14th at Morton County Court House in Mandan, ND.
To support supplies for the Camp and the ever-increasing legal costs from the Red Warrior Camp please visit our website and click on DONATE.
by Deep Green Resistance News Service | Sep 9, 2016 | Mining & Drilling
Featured image by Tony Webster / Flickr
by Steve Horn / Desmog
In the two months leading up to the U.S. Army Corps of Engineers’ decision to issue to the Dakota Access pipeline project an allotment of Nationwide 12 permits (NWP) — a de facto fast-track federal authorization of the project — an army of oil industry players submitted comments to the Corps to ensure that fast-track authority remains in place going forward.
This fast-track permitting process is used to bypass more rigorous environmental and public review for major pipeline infrastructure projects by treating them as smaller projects.
Oil and gas industry groups submitted comments in response to the Corps’ June 1 announcement in the Federal Register that it was “requesting comment on all aspects of these proposed nationwide permits” and that it wanted “comments on the proposed new and modified NWPs, as well as the NWP general conditions and definitions.” Based on the comments received, in addition to other factors, the Corps will make a decision in the coming months about the future of the use of the controversial NWP 12, which has become a key part of President Barack Obama’s climate and energy legacy.
Beyond Dakota Access, the Army Corps of Engineers (and by extension the Obama Administration) also used NWP 12 to approve key and massive sections of both Enbridge’s Flanagan South pipeline and TransCanada’s southern leg of theKeystone XL pipeline known as the Gulf Coast Pipeline. Comments submitted as a collective by environmental groups, such as the Sierra Club, National Wildlife Federation, several 350.org local chapters, the Center for Biological Diversity, WildEarth Guardians, Corporate Ethics International, and others, allege NWP 12 abuses by the Obama administration.
Image Credit: Regulations.gov
The groups say NWP was never intended to authorize massive pipeline infrastructure projects and that that kind of permitting authority should no longer exist. Instead, they argued in their August 1 comment, federal agencies should be required to issue Clean Water Act Section 404 permits and do a broader environmental review under the National Environmental Policy Act (NEPA).
“Simply put, the Congress did not intend the NWP program to be used to streamline major infrastructure projects like the Gulf Coast Pipeline, the Flanagan South Pipeline, and the Dakota Access Pipeline,” reads their comment. “For the reasons explained herein, we strongly oppose the reissuance of NWP 12 and its provisions that allow segmented approval of major pipelines without any project-specific environmental review or public review process.”
“Oil companies have been using this antiquated fast-track permit process that was not designed to properly address the issues of mega-projects such as the Dakota Access pipeline,” Dallas Goldtooth of the Indigenous Environmental Networkstated in the environmental groups’ press release at the closing of the NWP 12 comment period. “Meanwhile, tribal rights to consultation have been trampled and Big Oil is allowed to put our waters, air and land at immense risk. This cannot continue, it’s time for an overhaul.”
Industry groups, on the other hand, made their own arguments for the status quo.
Industry: Keep NWP 12 Alive, Presidential Campaign Ties
Many industry groups chimed in on the future of NWP 12. They included the American Petroleum Institute (API), Ohio Oil and Gas Association, West Virginia Oil and Natural Gas Association, Louisiana Mid-Continent Oil and Gas Association, the Baker Botts Texas Industry Project (a who’s who of petrochemical corporations such as Halliburton, ExxonMobil, Shell Oil, Chevron, Marathon Petroleum, Kinder Morgan, and BP, as of 2008), coal and natural gas utility company Southern Company, and others.
One of those other commenters was the Domestic Energy Producers Alliance (DEPA), a lobbying and advocacy consortiumspearheaded by Harold Hamm, founder and CEO of hydraulic fracturing (“fracking”) giant Continental Resources, as well asenergy aide to the Donald Trump presidential campaign and potential future U.S. Secretary of Energy.
Continental Resources, as reported by DeSmog, will send some of its oil through Dakota Access and previously signed a shipping contract for the Keystone XL pipeline.
“DEPA applauds the Corps for its efforts to reissue the NWPs as they are an important regulatory vehicle to authorize activities that have minimal individual and cumulative adverse environmental effects under the Clean Water Act, Section 404 Program,” wrote DEPA. “These permits are critical to DEPA’s members in their day to day operations.”
Another commenter was Berkshire Hathaway Energy, a “most of the above” energy sources utility company (including coal and natural gas) owned by Warren Buffett’s Berkshire Hathaway holding company. Buffett serves as a fundraiser for Hillary Clinton’s presidential campaign.
“Berkshire Hathaway Energy supports the Corps’ intention to issue NWPs,” wrote Berkshire Hathaway Energy. “The continued implementation of the NWPs is essential to the ongoing operation of Berkshire Hathaway Energy’s businesses — particularly in circumstances when timely service restoration is critical.”
Obama “Climate Test” Guidelines
On August 1, 2016, the day the commenting period closed for the future of NWP 12 and just days after the Army Corps issued a slew of NWP 12 determinations for Dakota Access, the Obama White House’s Council on Environmental Quality (CEQ) issued a 34-page guidance memorandum, which could have potential implications for the environmental review of projects like Dakota Access.
That memo, while non-binding, calls for climate change considerations when executive branch agencies weigh what to do about infrastructure projects under the auspices of NEPA.
“Climate change is a fundamental environmental issue, and its effects fall squarely within NEPA’s purview,” wrote CEQ. “Climate change is a particularly complex challenge given its global nature and the inherent interrelationships among its sources, causation, mechanisms of action, and impacts. Analyzing a proposed action’s GHG [greenhouse gas] emissions and the effects of climate change relevant to a proposed action — particularly how climate change may change an action’s environmental effects — can provide useful information to decision makers and the public.”
NWP 12 does not receive mention in the memo. Neither does Dakota Access, Keystone XL, nor Flanagan South.
The non-binding guidance, which some have pointed to as an example of the Obama White House applying the “climate test” to the permitting of energy infrastructure projects, has been met with mixed reaction by the fossil fuel industry and its legal counsel.
The Center for Liquefied Natural Gas, a pro-fracked gas exports group created by API, denounced the CEQ memo. So too did climate change denier U.S. Sen. James Inhofe (R-OK), as well as U.S. Rep. Cynthia Lummis (R-WY).
Industry attorneys, however, do not view the guidance with the same level of trepidation, at least not across the board. On one hand, the firms Holland & Knight and K&L Gates — both of which work with industry clients ranging from Chevron and ExxonMobil to Chesapeake Energy and Kinder Morgan — have pointed to the risk of litigation that could arise as a result of the NEPA guidance. On the other end of the spectrum, the firms Squire Patton Boggs and Greenberg Traurig LLP do not appear to be quite as alarmed.
Greenberg Traurig — whose clients include Duke Energy, BP, Arch Coal, and others — jovially pointed out in a memo thatCEQ‘s NEPA guidance does not take lifecycle supply chain greenhouse gas emissions into its accounting. The firm also points out that, with agency deference reigning supreme throughout the memo, “agencies should exercise judgment when considering whether to apply this guidance to the extent practicable to an on-going NEPA process.”
Francesca Ciliberti-Ayres, one of the Greenberg Traurig memo co-authors, formerly served as legal counsel for pipeline giant El Paso Corporation.
Similar to Greenberg Traurig, the firm Patton Boggs attempted to quell its clients’ fears in its own memo written in response to the CEQ guidance memo. Patton Boggs’ clients also have included a number of oil and gas energy companies and lobbying groups, such as API, ConocoPhillips, Halliburton, Marathon Oil, and others.
“The new guidance has the potential to add substantial time and expense to all environmental reviews for companies and other entities currently undergoing the NEPA process — and for future actions,” Patton Boggs’ attorneys wrote.
“However, it will likely take some time for agencies to acclimate their review processes to the new requirements. Interested persons and companies would help themselves both by developing internal off the shelf information to accommodate the new review requirements and by working with federal agencies to develop efficient methodologies to expedite consideration on this issue, minimize any additional review time and add clarity to the process.”
J. Gordon Arbuckle, a Patton Boggs memo co-author, has previously worked on permitting projects such as the massive Trans-Alaska Pipeline, the Alaska Natural Gas Pipeline, the Louisiana Offshore Oil Port, and others.
Using NWP 12 to permit major pipeline projects in a quiet and less transparent manner made its debut in the Obama White House. However, it remains unclear whether its use, or the somewhat contradictory NEPA guidelines from CEQ, will ultimately shape Obama’s climate legacy in the years to come.
by Deep Green Resistance News Service | Sep 3, 2016 | Obstruction & Occupation
By Direct Action Spokane
Shortly before noon on August 21, a group of Spokane citizens occupied BNSF railroad tracks to protest the transport and eventual burning of fossil fuels in defense of climate change. The peaceful, non-violent direct action consisted of 30 protesters and eventually three arrests. The three people arrested were Nancy Nelson, Margie Heller, and Deena Romoff, all of whom are associated with the group Raging Grannies – an activist group dedicated to nonviolence in the name of social and environmental justice. The charges against each are obstructing a train and misdemeanor trespass.
Today’s action in Spokane blocked a number of rail lines including an empty oil car train headed east and a fully loaded coal train headed west. The track occupation stopped all rail traffic for over one and a half hours.
“There is incredible denial surrounding this issue of fossil fuels and no one is talking about the perils that await us if government and societies do not take action now,” said Deena Romoff, one of the arrestees, in a written statement that she read during today’s protest. “This is why I need to take action now…I can no longer wait!”
Trains from BNSF, Union Pacific, and Canadian Pacific that pass through the city and county of Spokane carry Bakken crude oil from North Dakota, Tar Sands crude oil from Canada, and coal from the Powder River Basin in Montana and Wyoming. The crude oil is bound for refineries in the Northwest and Canada and will eventually be burned domestically and internationally. The coal is bound for export terminals in the United States and Canada for shipment to Asia to be burned in coal-fired power plants.
“Transporting fossil fuels is done for one purpose only: they will be burned”, said Margie Heller in a prepared statement. “If burned, they will add to the greenhouse gases which are already causing serious climate change. Continuing to add to climate change factors puts the health and perhaps the very existence of future generations at risk”
Direct Action Spokane stands in solidarity with on-going actions around the country working to stop the extraction, transportation, processing, and burning of fossil fuels. Direct Action Spokane is also committed to stopping the transport of oil and coal trains through Spokane and calls on other communities, up and down the rail line, to do the same.
