Editor’s note: Every time a corporation or state puts forward a development project to further reinforce existing structures of power, it is done under the guise of “economic prosperity.” Those most affected by the project are brought forward as one of the beneficiaries of the so-called economic progress. In reality, their ways of life and livelihood are destroyed, making them more and more dependent on the larger economy and, thus, on the state. The nonhumans are left unmentioned. The same claims are being made about the Uinta Basin Railway. As is mentioned in the article, there is little probability that the railways will be used for anything except transporting fossil fuels.
The opinions expressed in this article are those of the author. DGR does not endorse all of the ideas expressed here. We do not believe solar, wind or geothermal energy are a viable – or even an ethical – alternative to fossil fuel. Regardless of that, we do agree with the author’s analysis of the Uinta Basin Railway contributing to further climate change.
This is a call to action. Stop this project before it starts. Get involved in an organization to Stop the Unita Basin Railway. Or get involved in fighting for what you love, start your own organization. Spread the word!
The Uinta Basin is home to a diverse set of creatures from endangered black-footed ferrets to plants that cannot be found anywhere else in the world, such as the Uinta Basin hookless cactus and Graham’s beardtongue.
But the basin also sits atop pockets of crude oil and natural gas, which are being extracted: to transport these fossil fuels to the Gulf Coast, local governments and oil companies are planning to invest up to $4.5 billion to construct a new railway through it.
Although the project has been approved, construction hasn’t begun and it’s not too late for U.S. President Biden to keep his climate pledges and stop the new railway, a new op-ed argues.
The Uinta Basin, named after the Ute Tribe, is located in Northeast Utah and Western Colorado, about 200 miles from Salt Lake City. Streams from the Uinta mountains roll through the basin into a tributary of the Colorado River – supplying 40 million people with water throughout the drought-ridden West. Plants that cannot be found anywhere else in the world, such as the Uinta Basin hookless cactus and Graham’s beardtongue, flourish in the Uinta Basin. The ecosystem also harbors endangered species such as the sage grouse and black-footed ferret.
By all accounts, the Uinta Basin is a beautiful ecological haven. Unfortunately, however, it sits atop pockets of crude oil and natural gas, which are being extracted. To transport crude oil to the Gulf Coast where it will be refined, local governments and oil companies are planning to invest $1.5 to $4.5 billion to construct a new railway through the basin.
View of Christmas Meadows in the High Uintas Wilderness Area. Image by Brandon Rasmussin via Flickr (CC BY-NC-ND 2.0).
The Uinta Basin Railway is a proposed 88-mile stretch of train tracks that will blast through mountains, reroute 443 streams, bulldoze through endangered sage grouse habitat, appropriate private property and even fragment a roadless area in the Ashley National Forest. According to the U.S. Forest Service Chief, “a railway does not constitute a road.” The railway is projected to quadruple the region’s oil extraction from 85,000 up to 350,000 barrels of oil per day – resulting in an increase in air pollution, noise pollution, habitat degradation and a greater risk of water pollution, train derailments and wildfires. The region already suffers from chronic air pollution, falling below federal standards for ozone pollutionset by the Environmental Protection Agency.
By quadrupling fossil fuel extraction in the Uinta Basin, construction of the railway is projected to increase U.S. carbon emissions by 1%. Escalating climate change will bring more wildfires and more drought to the region – at a time when the Biden administration should be actively trying to reduce carbon emissions to prevent further climate change-fueled catastrophes.
Uinta Basin is freckled with small cities and towns such as Vernal, Duchesne and Jensen. The region’s economic history can be summarized as a series of boom and bust cycles due to its reliance on fossil fuels. The whims of the Organization of the Petroleum Exporting Countries (OPEC) and the fluctuations of oil prices determine the quality of life for many people in the Uinta Basin. These fluctuations often send communities into periods of growth and stretches of economic depression that threaten small business and family security.
Proponents of the Uinta Basin Railway claim that its construction will diversify the economy of the region by connecting it to the global market. However, there is little evidence that the railway will be used to transport anything but oil to or from the region, especially because at least 130,000 barrels of oil per day will have to be transported to recoup the cost of construction. This will only cause harm and exacerbate boom and bust cycles.
If the railway is constructed, the communities of the Uinta basin will not gain a diversified economy. But there are viable options to re-stimulate and stabilize the economy of the region without large-scale ecological destruction. In the Uinta Basin there are potential sites for geothermal energy production and wind farms, and the entire region is suitable for solar energy production. Additionally, the region’s state parks and Ashley National Forest attract anglers, hikers and outdoor enthusiasts – accommodating a growing tourism industry.
Although the Uinta Basin Railway has been approved by the U.S. Forest Service and the Surface Transportation Board, construction hasn’t begun. It’s not too late to stop this catastrophic project from happening. President Joe Biden has made it a priority to address the climate crisis. To uphold his commitment to a livable climate and to safeguard our country’s biodiversity, the president should now backtrack on the Uinta Basin Railway and cancel the project from moving forward.
The Seven County Infrastructure Coalition (Coalition) has filed a petition with the Surface Transportation Board (Board) requesting authority to construct and operate an approximately 85-mile common-carrier rail line connecting two termini in Utah’s Uinta Basin near South Myton Bench and Leland Bench to the national rail network. The construction and operation of this proposed project has the potential to result in significant environmental impacts. Therefore, the Board’s Office of Environmental Analysis (OEA) has determined that the preparation of an EIS is appropriate pursuant to the National Environmental Policy Act (NEPA).
The Uinta Basin Railway is a preliminary public private partnership(PPP). A PPP is used for collaboration to fund, build and operate infrastructure projects. This financing scam allows a project like the Uinta Basin Railway to move forward faster.
The public funds authorized for use on the railway come from mineral lease fees. Oil and gas are minerals for which producers pay a mineral lease fee to the federal government as part of the Mineral Lands Leasing Act of 1920. The government then gives part of those funds back to the state to be used within communities where the minerals are extracted.
The Utah Permanent Community Impact Fund Board manages these funds and has granted $27.9 million to the Seven County Infrastrucutre Coalition for planning and studies in the environmental clearance process.
The private industry will pay an anticipated $1.2-$1.5 billion for construction, operation and maintenance of the railway. This financing will be paid through contracts and service fees for use of the railway.
Oral arguments for a federal appeal in the high profile case of environmental activist Jessica Reznicek will be heard by the 8th circuit court of appeal on May 13. In a defining moment for the climate justice movement and for all civil rights, the court will decide whether or not to uphold a “domestic terrorist enhancement” that an Iowa court applied to Reznicek’s prison sentence. Reznicek is expected to argue that the terrorism enhancement was both illegally and unjustly applied.
In 2016, Jessica Reznicek took action to stop the construction of Dakota Access Pipeline by dismantling construction equipment and pipeline valves. In 2021 she was sentenced to 8 years in prison with a domestic terrorism enhancement.
Under normal conditions Jess would have been sentenced to 37 months, but the terrorism enhancement resulted in a sentence of 96 months. She was also ordered to pay $3.2 million in restitution to Energy Transfer corporation.
The appeal is supported by the Center for Constitutional Rights (CCR), National Lawyers Guild, Water Protectors Legal Collective, and the Climate Defense Project. “If Jessica Reznicek’s acts can be punished as terrorism,” says an amicus brief filed by CCR, “the United States will have moved so far past the international consensus as to be operating in a completely different realm.”
WHAT: Oral arguments for federal appeal, U.S.A. v. Jessica Reznicek. Case # 21-2548
WHO: United States Court of Appeals- 8th Circuit, DAPL activist Jessica Reznicek
WHEN: Friday, May 13 at 8:30 CST
WHERE: St Paul, Minnesota United States Court, Courtroom 5A. Closed to the public in person. Listen in by calling 1-888-363-4749 Code 4423562. Jessica Reznicek is 5th on the docket.
In 2017 Jessica Reznicek and a partner from the Catholic Worker Movement publicly claimed responsibility for acts of vandalism against the Dakota Access Pipeline. In February, 2021 she pled guilty to a single count of Conspiracy to Damage an Energy Facility. In June, 2021 an Iowa judge imposed a “terrorism enhancement” at the prosecution’s request and sentenced Reznicek to 8 years in prison with restitution of over $3 million to be paid to Energy Transfer LLC. No one was injured by Reznicek’s acts of civil disobedience.
Although federal courts have ruled the Dakota Access Pipeline was constructed illegally, excessive punishment for people like Jessica, who tried to stop it, is on the rise – and scrutiny is growing of fossil fuel industry influence in the process. Wrote Jessica in a 2021 statement to the court, “I am not a political person. I am certainly not a terrorist. I am simply a person who cares deeply about an extremely basic human right that is under threat: Water.”
Editor’s note: In the chess match that is imperial politics, entire nations and ecosystems are pawns that are bargained with and sacrificed. As war tears across Ukraine, we insist that neither the U.S. nor NATO or Russia is innocent. The dire truth is that empires produce wars, and thus the path towards peace ultimately means dismantling empires.
Vladimir Putin’s attack on Ukraine is undoubtedly illegal and immoral. From the point of view of Russian interests, it is also likely to prove a costly mistake. The primary question now, however, is what to do about this, and the answers presented thus far by those outraged by the invasion are dangerously counterproductive.
“Putin must be punished,” the Americans and Europeans insist. But the forms of punishment now being implemented – severe economic sanctions and military aid to Ukraine – are designed to prolong the military struggle and to cripple the Russian economy, apparently on the theory that Russia’s discontented masses and oligarchs will then replace Putin with a leader more to the West’s liking. Pardon me, but this makes little sense. Prolonging the conflict will kill more Ukrainians and Russians, inspire their compatriots and loved ones to seek revenge. It may also bring the world close to nuclear war. Moreover, making a whole people suffer usually unites them against their adversary rather than turning them against their leader.
The array of punishments administered and proposed also indicate that many Westerners consider Putin analogous to Adolf Hitler and a return to the negotiating table the equivalent of Munich-style appeasement. But this betrays a profound misunderstanding of what drives the conflict and who the conflicting parties really are. Vladimir Putin is not an evil mastermind bent on world domination and the genocidal destruction of “inferior” races. He is the brutal leader of a once great empire playing the imperial game in a world of competitive empires. More brutal than Harry Truman in Korea, Lyndon Johnson in Vietnam, or George W. Bush in Iraq? Obviously not. Then why consider his bad character the primary cause of the struggle?
One reason seems clear. As conflict analysts recognize, it is common for each side in a violent struggle to consider the opponent’s malice and cruelty to be the conflict’s sole cause. “They are evil aggressors who choose to fight. We are virtuous defenders who fight because we have to.” This is exactly how the editors of the New York Times describe the war in Ukraine. They put it like this:
. . . none of the pretexts for war that Mr. Putin churned out in recent days and weeks contained much truth or any justification whatsoever for waging war on a weaker neighbor. This is a war of choice for all the wrong reasons, and Mr. Putin and his coterie are solely and fully responsible for every drop of Ukrainian – and Russian – blood, for every livelihood destroyed and for all the economic pain engendered by the conflict.[1]
I suppose that half a truth is better than no truth at all, and this is precisely half the truth. Putin did invade Ukraine without being militarily attacked. Some of the reasons for war he offered (for example, the alleged non-existence of a Ukrainian nationality) were fabrications. Other reasons, such as the U.S./European refusal to halt the expansion of NATO, were quite true, but they do not justify bombing and killing innocent people.
Where the Times editorial goes off the tracks, however, is in asserting that the Russian leaders are “solely and fully” responsible for the violence engulfing Ukraine. In fact, they are one of the responsible parties, but only one. The causes of this struggle go far beyond Mr. Putin’s bad choices, and solving the problems that produced the conflict go far beyond punishing the Russians. The causes of this conflict are systemic, which means that others in addition to Putin and his cohorts must share responsibility for the current violence.
“Systemic” means that there is a system – a form of social organization supported by patterns of thought, speech, and behavior – that structures the relations between states and peoples involved in conflict. The word that best describes our current system is imperial. Four major empires currently compete for regional hegemony and global superiority. In order of economic and military power, they are the multinational blocs dominated by the United States, China, Europe, and Russia. Several up-and-coming regional powers like Turkey and Iran have also asserted their influence in imperial style, but the major players in the Ukraine crisis are the U.S., Europe, and Russia, with China a potential participant.
The eruption of violence in this case should not have come as a surprise. Imperial systems produce violent conflict as a regular product of their operations. Often, subject peoples rebel, inciting imperial leaders to repress the dissidents, and enticing competing empires to come to their support. Often, empires challenge each other’s right to rule, particularly in disputed boundary areas – a form of competition that has produced both proxy wars and world wars. Ukraine is a prize in the competition between the American empire, assisted by its European junior partner, and Russia, morally supported by its Chinese ally. There are many historical analogies to this situation, some of them quite frightening. For example, the competition over independence-seeking Serbia between the Austro-Hungarian empire, supported by imperial Germany, and the Russian empire, supported by Great Britain and France, led directly to World War I.
Of course, empires do not always assert their interests by going to war. Negotiations can be used to settle their disputes at least temporarily, even if the system as a whole tends to generate mass violence. The current tragedy befalling Ukraine was avoidable, but avoiding it required more than patience or a change of heart by Mr. Putin. The invasion could almost certainly have been averted if the Americans and Europeans had agreed to stop expanding NATO and to treat Ukraine as a neutral buffer state, as they did after World War II in the cases of Austria and Finland. As in those cases, Ukraine’s rights to autonomy in certain spheres (e.g., economic decision-making) could have been recognized while restricting its right to become a military ally of either empire. But there is no evidence that the Western powers took the Russian demands seriously enough to entertain any such proposal.
Why not? On Putin’s watch NATO doubled its size, established army and air bases throughout Eastern Europe, and created two “super-bases” including missile facilities in Poland and Romania. Meanwhile, the U.S. continued to maintain more than 800 military bases around the globe and to modernize its nuclear facilities with the aim of threatening (or “deterring”) its Russian and Chinese competitors. The rationale for this aggressive posture was the adversary’s alleged tendency to aggress – a classic piece of circular conflict reasoning. In 2013, Ukraine’s elected leader supported a move to link his nation more closely with Russia than with Europe. In response, an uprising backed by the West overthrew him and installed a pro-Western regime in Kyiv. Russia responded to this apparent aggression by seizing Crimea, a former Russian territory inhabited by Russian-speakers, and by supporting separatists in the Donbass region. This alleged aggression then became a reason for Ukrainian and Western leaders to intensify their campaign to bring Ukraine into the Western orbit.
All this was part of a larger pattern of conflict between empires. What Putin had been demanding for years was an end to the post-Cold War system that treated Russia as a defeated but hostile power forbidden to assert its own security concerns and to increase its influence in the world. In 2019, the Carnegie Endowment for International Peace, hardly a pro-Russian organization, summarized this policy accurately:
U.S. policy toward Russia since the end of the Cold War is a story of different administrations pursuing essentially the same set of policies. Two aspects stand out as major irritants in the bilateral relationship: a refusal to accept Russia as it is, as evidenced by repeated initiatives to reform and remake its political system; and the extension of the Euro-Atlantic security architecture into the Eurasian space surrounding Russia. Both of these highly ambitious pursuits have been attempted repeatedly and unsuccessfully, yet both continue to be cornerstones of official U.S. policy toward Russia. In retrospect, it is hard to escape the conclusion that a less ambitious U.S. approach to dealing with Russia and the states of the former Soviet Union could have established a better basis for a less rocky U.S.-Russian relationship.[2] (Emphasis added)
What the Carnegie analysis did not recognize, however, was that this is how empires customarily operate. If they do not entirely erase their enemies, as the Romans did to Carthage, or remake their societies from the ground up, as the U.S. did to the Axis powers after World War II, they treat them as political and military adversaries that must be kept weak and dependent. Unsurprisingly, those subject to such restrictions and humiliations resent their subordination, dream of restoring lost glory, and insist on holding fast to what remains of a diminished empire. Untrusted and scorned by their victors, they return that distrust and view the weapons pointed at them as intolerable existential threats.
For this reason, Vladimir Putin’s cruelly mistaken decision to invade Ukraine was not only the result of the Russian leader’s hubris and insecurity. It was also the result of a desperation created by the hubris and insecurity of the Western empires. To ignore that conflict’s deeply structural nature is to take sides in a game of “blame the evil enemy” that attributes violence to a leader’s bad character rather than holding the imperial system itself responsible. Moreover, it impoverishes our understanding of the conflict by simplifying the narrative to the point that the only relevant issue seems to be Ukraine’s right to self-determination. In a world dominated by competing empires, movements for national self-determination frequently trigger violent conflicts – and sometimes world wars.
What can be done in this case to head off an increasingly destructive and dangerous escalation of the conflict? The immediate answer is to continue the peace negotiations now taking place between Russia and Ukraine. Despite propagandistic depictions of the Russians as engaged in an all-out war to kill civilians and destroy Ukrainian society, their relatively slow and discriminating advance, at this point without air support, suggests a continuing willingness to negotiate a solution that does not require either “shock and awe” military tactics or occupation of the country. If these negotiations do achieve a cease-fire, the next step will be to convene a peace conference that could reconsider Russia’s original demands, as well as dealing with the new fears and concerns created by the war itself.
This sort of negotiation is clearly preferable to continued escalation, but one must recognize that, in a world still dominated by competing empires, power-based negotiations are unlikely to resolve conflicts sustainably. The imperial system itself, linked to an elite-driven, predatory capitalism and militarism, desperately needs to be transformed. Popular movements to dismantle the empires and to create a more democratic and peaceful world order are the only real alternative to a competition that is likely to end in nuclear war.
To some, this hope may seem like “pie in the sky,” but there is far more support for anti-imperial, pro-human mobilizations than you may think. To stop demonizing leaders and shine the full light of criticism on the empires could be a first step toward unleashing this potential.
Rich Rubenstein was educated at Harvard College (B.A. 1959), Oxford University, where he was a Rhodes Scholar (M.A. 1961), and Harvard Law School (J.D. 1963). Before joining the George Mason faculty in 1987, he practiced law in Washington, D.C., taught political science at Roosevelt University in Chicago, and was professor of law at the Antioch School of Law. He is the author of eight books, including REBELS IN EDEN (1970), ALCHEMISTS OF REVOLUTION: TERRORISM IN THE MODERN WORLD (1985), and three books about religious conflict: WHEN JESUS BECAME GOD (1999), ARISTOTLE’S CHILDREN (2003), and THUS SAITH THE LORD: THE REVOLUTIONARY MORAL VISION OF ISAIAH AND JEREMIAH (2006).
Rich is an expert on American foreign policy, religious conflict, terrorism, and methods of resolving serious international and domestic disputes. He teaches courses at ICAR on Critical Conflict Theory, Religion and Conflict, Popular Narratives of War and Peace, Political Violence, and other subjects. He has lectured throughout the U.S.A. and Europe on topics ranging from the philosophy and practice of conflict resolution to the war on terrorism and current conflicts in the Middle East, and has appeared on numerous radio and television shows and in filmed documentaries discussing these issues. He is a frequent speaker at churches, synagogues, mosques, and religious seminaries, as well as universities and NGOs. He currently lives in Washington, D.C.
Florence Nightingale, the English pioneer of modern nursing is quoted as saying, “I attribute my success to this: I never gave or took an excuse.”
Editors note: Never give up your agency. If your goal is to save life on the planet, sometimes you have to sink your own boat.
Derrick Jensen This is Resistance Radio on the Progressive Radio Network. My guest today is Diane Wilson. She’s a mother of five, a fourth generation shrimp boat captain and an environmental activist. She’s been fighting to save the bays on the Texas gulf coast from chemical and oil development for the last 30 years. I also have to say that you have for at least 15-18 years been one of my heroes so thank you for that.
Diane Wilson Thank you Derrick, I appreciate that.
Derrick Jensen Thank you in general for your work in the world and thank you for being on the program. My first two questions are – can you introduce yourself and can you also then introduce the region where you live, the region you love
Diane Wilson First of all I’m a fourth generation fisherwoman, shrimp boat captain. My family has been around this area on the mid-Texas gulf coast for about 130 years so you might say I’ve got a real sense of place, where I was born and raised. I’ve been in the same town for my whole life. I’m 72 years old so I always call myself a late bloomer. Anybody out there who thinks they’re too old to start – that is not true. As a matter of fact, it just gets better as you get older. You get a little bit more free every year.
Basically, all of my family – my brothers, my brothers-in-law, my cousins, my uncles, everybody in the early days they were just gill netters, fin fishermen and they caught black drum and red drum. They had little wooden boats and they oared out. Where I’m from is a little fishing town. It’s probably the most authentic fishing village on the whole Texas gulf coast – Seadrift. We were all fishermen and your whole life was centered around the fish house, the bays, the nets the boats and that was your life. As a matter of fact, like most kids around my age, you spent your whole life outside. I was always on a boat I was always out on the water laying in.
I remember I was a real introvert even though people have accused me of being a real troublemaker, I’m by nature a real introvert. I can remember going to the fish house where my dad was coming in in the evenings and I would go to the bay and there was this old woman down there and she really liked me and when you’re one of seven kids and you’re getting attention from somebody and somebody likes you. I mean I liked going down there because of that old woman and she felt like she was my grandmother and the only thing I realized when I got older is that woman was the bay and she was as real to me as any other member of my family. I have never forgotten her and I have never forgotten what it feels like for something, what people call a resource or a commodity or an ecosystem, to me it was real and it had an aliveness and it had an energy.
When you’re small and your dad is just a small-town fisherman and you’ve got a small boat – I imagine his boat was good – and you would go out there because fishermen were poor people and they really couldn’t afford deck hands. So they would generally take the kids along. I had three sisters and me. My three sisters we decked for my dad and I really, really liked being out there and I was really good at it. When you had to take your turn at a wheel; when you’re dragging a net and you’re kind of holding the wheel and you gotta hold the wheel just so because you got to keep the net and the wheel wash in the shrimp all at the same time. My sisters would start crying because when you start turning a boat into the wind with the waves it will almost feel like you’re flipping over so my sisters did not like did not like handling the wheel but I loved it. I loved going out in the mornings and it was still dark and there was nothing but that salt air in that wind and you’re just barreling out in the dead of night. You see nothing. it’s almost like your instinct and there are very few beacons. It’s just years and years of doing it. I can remember and I suppose it’s because I had a real sense of the energy of that old woman. It’s like you literally could feel like your skin would separate – the wind in the water would just kind of move in there and it actually made me a bit of a mystic.
I’m a little bit of a mystic and I hate to tell you, I was raised Pentecostal and that’s holy rolling – speaking in tongues. My grandmother was a faith healer and I think she tried to raise my uncle from the dead and all kinds of stuff like that. I’m not that but I am a mystic and I have a real sense of what’s alive out there. People think it’s only what you see and it’s only yourself and it’s only the boundaries and the borders within your skin – that’s not true. As a matter of fact, that’s why I like your books so much because you seem to have a real sense of the connectedness and how valuable everything was. I could sense that, and I think it was because I spent all my life on the bay and I was a little bit of a loner so I didn’t have that peer pressure – sometimes at a certain age you get peer pressure and you get pulled away from that naturalness. I don’t think I was pulled away from it, so I’ve always had it my whole life and I still have it. It’s like a lot of the stuff that I do. It’s gut instinct and I don’t believe I’ve ever had a plan. I feel like I leave myself open for the energy because I truly believe there is energy out from nature and it’s got an intelligence, if you just work with it.
My location down here is mid-Texas gulf coast. We’re around Matagorda Bay, Lavaca Bay, Spirit Center Bay, San Antonio Bay, Mesquite Bay, Guadalupe Bay. Our county is a tiny county. When I was growing up there’s probably like 12 000 people in the whole county. The town where I was raised, Seadrift, was a thousand people. It’s been through so many hurricanes I can’t even tell you. It’s had so many hotels and railroads and restaurants and lumber yards destroyed in hurricanes. It always remains a very small town – a thousand people – and it’s always been this fishing town. We’re close to what they used to call Blackjack Island and now it’s known for the Aransas wildlife refuge. That’s where the endangered whooping cranes come every winter. They count every single last whooping crane that is left and they all come down and they nest in what they call Aransas wildlife refuge. Where my folks were from, they were fishermen there, and one of my uncles was in a hailstorm that killed a hundred cattle they had hail so big. He drowned out on the bay. I had another uncle, they had bonfires in those days and they did a lot of cooking on bonfires He was just a toddler and fell in the fire. I’ve got kin folks that are buried out there on that island. I’ve got a real sense of ancestries around here.
I know this whole area around here was where the Karankawa were. Those very tall, good looking, native American indigenous people and they lived around the water. We went across to where they were. They had all these arrow heads and all their camps and places and I believe I’m not too far from where there was literally a battle between some Irish settlers that came in. The Karankawas must have taken one of their calves and so they raided them and killed most of them and it was over a calf. It’s a sad part of the history down here. I think a lot of the Karankawas went to Mexico. That’s the history of this area. Even the Karankawas were early fishermen, and they laid the shrimp out to dry. I remember someone was telling me they would have a burning stake and stick it out in the shallow water and shrimp will come to the light and that’s where they would get a lot of their shrimp. They would have little catch nets or whatever and they would get the shrimp and then they’d dry them. That was one of their one of their ways they got nourishment around here. But like I said the Karankawa is no more although they’ve named bays and towns after them, but it’s a tragedy.
A lot of this area is where a lot of Irish settlers came in and a lot of German boats came in. There used to be a town called Indianola and now it’s a ghost town because that was where these big ships came in. All these German settlers came in and I think there was even a big civil war battle right there in Indianola and it was right on Matagorda bay. Two hurricanes hit it, one right behind another; then a fire hit it and then I believe smallpox wiped everybody out so now all you got is a beach. People say they can see that train out there when the tide’s real low although I have not seen that train.
Derrick Jensen Can you talk about what has happened and what caused you to become an activist? What has happened to the region in terms of industry and its effects on the bay and also its effects on fishing including shrimping?
Diane Wilson Well in the beginning there was no law; there was no verdict from Congress that industry had to say anything to anybody. So for a very long time these industries like, for instance. Alcoa and Union Carbide – very big plants – came in around 1950. They didn’t say nothing to nobody. They just did what they did. Sometimes the shrimpers, if it was a bad winter, might get a job for two or three months during the winter months and drive a truck or something like that. But basically, this industry did not have to report to anybody at all and the only thing that fishermen would get is when the times that they would work. They would say “they told me to take these barrels down to Stinky Ditch and I dumped them down there and I nearly passed out from smell and I remember and everybody in my unit is dead” or stuff like that. But it was just anecdotal because industry did not have to report or say anything to anybody.
Around 1989 shrimping was starting to fall off and so I started running a fish house. A fish house is a tin building. It’s got open windows and it’s got double wide doors that open to the bay and it’s got this long dock and this is where shrimpers bring their boats in. They tie up, they unload their catch – usually shrimp – and you take it into the fish house, put it on ice. You put it in these ice vaults so you can ship them off on these trucks later. I ran a fish house probably for five years. If I happened to look out that window, I could see my shrimp boat which was SeaBee and she was she was tied right up to the docks. I had probably 14 shrimp boats that I took care of.
One day I had this shrimper and he had three different types of cancer and he had these huge lumps all over his body and he was the best looking. I mean he looked like a surfer from California. My mama thought he was about the nicest looking guy she had ever laid eyes on. Anyway, he had all this cancer and one day I was in the fish house and I was sitting with a cup of coffee and I had my rubber boots sitting up on the desk and he came in and pitched this newspaper article to me. He said I want you to read that and like I said I’m a real quiet person so anyway I looked at the newspaper article. It was 1989 and on that front page article, The Victoria Advocate, was an associated press story and it was talking about the first time the toxic release inventory ever came out. The toxic release inventory was a community “right to know” bill
that was passed in Congress after Bhopal. People mainly know Bhopal because of Union Carbide was doing this whole effort to make India green and they were doing a pesticide plant in Bhopal, india. It wasn’t working so they were cutting all the safety. Anything that had to do about the lowering the temperature, about alarms, about freezing; they were removing it and the unthinkable happened and there was a chain reaction. There was a debate over actually how many people died but probably around two or three thousand died that first night in Bhopal, India. It was the worst environmental disaster that has ever happened and I think it still is. I think at this point maybe 20 000 people died from that one incident by Union Carbide. Because of it Congress passed the community “right to know” law meaning that there would not be another time when anyone in the US woke up one morning and there was something like that happen because they didn’t know what the industry next to them was doing or what they were polluting with. So, for the first time ever, industry in the United States had to report their air emissions, their water emissions, their injection wells, their landfill, their trucking – all of it. They had to report the numbers for the first time ever and that’s what that article was about. Our little bitty county with 12 000 people in the whole county we were number one in the nation and it literally blew my mind. It’s like “how could you be the most polluted place in the United States probably if it was the United States it was probably ranking worldwide and never know it?” I had never heard the first word about it. So, I acted totally out of character because I don’t like talking, I don’t like having to deal with people. I’ve never had a meeting called in my entire life but I went to City Hall. I walked down to City Hall which wasn’t too far away. I had that newspaper article and I went to the City Secretary and I said I want to have a meeting. There was the City Hall and a little bitty room that sometimes they let people have birthday parties or whatever. I said I wanted to use that little room and I wanted to talk about that we were number one in the nation. So, they put it down and they put down my name and the next day I was at the fish house and here comes the City Secretary. Well, you never see anybody, all you see is fishermen down there and here was a City Secretary and I still remember she had the prettiest fulstar with flowers all over it and she said “Diane you’re just gonna have to get this meeting out of the city hall.” I was like “why?” and she said “oh red flags; it’s putting out red flags all over the place.” I’m like “well I’ll do it in an elementary school, you know, they got a cafeteria I’ll do it there.” and she’s like “no they want you to get it totally out of town. They actually don’t want you to do it at all.” I couldn’t get over the fact that I had just asked for it and they didn’t want me to do it. The next day I had the bank president come down to the fish house. I had never talked to that man in my life and here he was, three-piece suit, and he said he said “Diane, are you gonna start a vigilante group roasting industry alive?” I’m totally dumbfounded. I have no idea what they are talking about; why they’re so upset with me – I have not even had the meeting. Then a guy from economic development called my brothers who were fishermen and said you better calm your sister down. My brothers were not the type that would even talk to women and tell them anything. Anyway, one of my brothers said “what in the heck are you doing?” and I’m like “I’m not doing a thing.”
Eventually I did the meeting anyway because I really don’t like people telling me I can’t do something, even though I’m a real quiet person, so I went ahead and had it. I went to a different place and had it. Eventually what it came down to is 1) nobody had ever questioned industry, ever, and 2) it was Formosa plastics, a Taiwanese company who had been kicked out of Taiwan- the biggest chemical expansion in Texas history; the biggest in the United States in 10 years. They had the Governor, the Chamber of Commerce, the Attorney General, the Senators, Congressional and whatever had promised this chemical company. There will be no questions asked; you will get all the tax abatement you want; you will get all your permits expedited; there will be no environmental impact studies. It was pretty much a giveaway and they never once asked one question about this foreign company’s environmental record. They could just come in and we’ll give you everything and I just stumbled on it. It was a fluke. Actually, I went to the mailbox and I got an anonymous letter. I opened it up and it was a newspaper clipping. It was for no supply sticks and it was seven air permits and I didn’t even know what it was. I didn’t know what the company was. When I finally had my little my little meeting as I got a group and I said “we’ll ask for a permanent hearing on this plan.”
As it was, I walked into a hornet’s nest. They couldn’t figure out who I was. They figured I was an official woman – a woman- so I was not bright enough to be doing this on my own. So they figured I was a spy hired by Louisiana to get it kicked out of Texas so the chemical plant would go to Louisiana. That’s how it started, and it never got any better – it got rougher and rougher. I mean everything for the last 30 years has been a battle. It’s been a battle and you just have to be very, very persistent. I think the reason why I’m so persistent is I am connected to that bay.
I remember when I first started. All I got was high school education, I didn’t have any money and nobody supported me. A fishing woman speaking out! People thought I was kind of crazy and all I had was this good sense of the bay. That was what was keeping me going on it. I really kept thinking there’s bound to be someone way better than me; way better at speaking; probably has a biology degree, can understand all of this chemistry and what these chemical plants are and what these chemicals are. It took about five years before I realized I was actually the best person to be doing it because it was my passion. It has always been my passion for the bay that has kept me persistent. That’s what I’ve been doing for 30 years – I’ve been fighting these chemical companies. I fought Union Carbide, I fought Dupont, I fought Alcoa and probably be the longest and the hardest is I fought Formosa.
Derrick Jensen: Thank you for all that. The next two questions are going to be:
can you talk about some of your best victories or your best victory, either way? and
can you talk about current struggles?
Diane Wilson What was to me one of the most interesting things that ever happened and it probably was a psychological kind of a spiritual thing. I had been fighting the Formosa wastewater permit and I had an attorney who agreed to help me and he became a really good friend. People in the community were afraid of the retaliation from the chemical company, especially when a lot of the local officials have contracts with the company. Fishing is going down so you have workers that are being hired at the plant, so nobody wants to say anything and I was the main thing. I haven’t a lawyer who could help me file a suit or something like that. You know a thing about a chemical company. One thing they do is they sense who the allies are so they go after them. On this one they started just throwing them into a deep hole with documents so the money expenses really started hitting them hard and so eventually my lawyer quit and started working for the company. I literally had nobody at all. So, I started filing some papers trying to fight Formosa’s wastewater discharge. When you don’t have a lawyer and you and you don’t have a college education and you got to write briefs and do your own legal work and you don’t have any money. I was doing pretty much filing my own briefs on a Royal typewriter.
Sure enough, they didn’t give me status and they said I couldn’t fight the permit so I appealed it. I always considered you give a monkey a typewriter and after a while that monkey is gonna type a word and so eventually I managed. Believe you me I still don’t know how I did it. I managed to stall the permit with an appeal with a Washington judge, an appellate judge, and so Formosa could not discharge until there was all this ruling and all ofthis process with an appellate judge out of Washington DC.
So I pretty much had their waste water and they could not discharge; they could not begin their plant. So one day I called the EPA to check on the status of the of that discharge permit and I said my name was Diane and I was second on the status. They start talking about “how was that discharge going and I noticed you have some copper discharges but I’m sure we can try to figure out how to do it and you really kind of need to keep the flow in the right periodand now you know.” Then it hit me that she was talking about Formosa’s discharge and she thought I was Formosa’s lawyer whose name was Diane too but that was a different Diane. I said you’re talking to the wrong Diane and that’s when she realized she kind of screwed up there.
Basically, it doesn’t matter what the legal documents say, what the law says – if you have enough money you will get what you want. It was it was the first time I had really come home to the fact that the law doesn’t matter when you got money and when you got power; you really can do what you want, and the law is like a handkerchief in your back pocket. You pull it out when you want to. I was outraged. I was totally outraged about it. The unfairness of it, the injustice of it. It hit me like nothing had hit me before. I knew I had to do something to symbolize that type of injustice. When it appears that nobody cares, everybody overlooks it, it’s injustice going on so I knew I had to do something. l knew that I had to sink something; I had to sink something that I cared a lot about. That’s when I knew I had to sink my shrimp boat. I was going to take it out and sink it on top of Formosa’s illegal discharge. That boat was nowhere near the value of a bay.
Some people can get the little picture, or you can get the big picture. You can look at the little picture and it’s like “oh it’s my livelihood it’s my boat.” It’s “what am i gonna do?” and then you get the big picture and it’s like “this is the planet this is your home for all of us we’re all supposed to be here.” Are you gonna let them take it? I wasn’t gonna let them do it. I was gonna symbolize it by sinking my shrimp boat. So, I put the motor out and I convinced an old shrimper to pull me out in the dead of the night. There was this crazy norther came in at the same time. I can’t imagine how all of these elements came together at the same time – this weather and the black of night in this boat and just doing this covert of pulling a boat out to sink it on top of Formosa’s discharge. There happened to be a shrimper who had been bought back from us and they were paying sixty thousand dollars a year just to be a consultant. He was pretty much just watching me to see what I did and tell the company. Anyway, he pretty much told the company that I was towing a boat out so they called the coastguard. At one o’clock in the morning there were three boatloads of coastguard and they were out there in the middle of the rain and all that wind. They were like “Miss Wilson, Miss Wilson are you out there, Miss Wilson?” They said they’re gonna charge me with terrorism; that I was gonna go to jail for 19 years and it probably took an hour for every two yards because you’ve got a boat towing you; you got a boat with no rudder and you got three coastguards in the middle of the night; in the middle almost of the jetties and all this current. It was the wildest scene of all. These coastguards jumping all over the boats with ropes and all of this stuff. Eventually it took about an hour to happen, but they eventually pulled my boat to a harbor. They put seven or eight ropes and tied it down. They put me in the cabin, locked me in. The guys were so afraid I was gonna get out and somehow take that boat out there without a rudder. I was going to get it out there. They were sleeping on the back deck; they were sleeping in trucks on the wall. I was pretty much stuck there with all these coastguards and all the ropes on my boat. I hadn’t sunk the boat. The next morning when I woke up I heard the sounds of a boat. Then I heard more boats and I looked out the window and there were these shrimpers who never get involved – they don’t believe you can fight; they gave up hope. They think every nail is in their coffin. These guys did a blockade. They all went out in the middle of that rough water. It was so rough you could have sunk a boat out there. I promise you the coast guard does not like shrimp boats blocking anything and here all of these shrimp boats went out in this rough weather and they did a protest and in support of what I was trying to do. That was the most amazing experience to see how if you move sometime and you have no real plan – just have a real instinct – is that things have a way. Some of the most amazing things that you can never plan happen.
I remember after that – Formosa saw all of those fishermen out there protesting in the middle of the bay. I think they had a funny sense of a house built on sand. That’s when uh they asked me “what is it gonna take to shut you up?” and I said “zero discharge of your entire waste stream” and so that’s actually how I got zero discharge from Formosa of this waste stream back in 1994.
Derrick Jensen: I’m sorry that this is so short because i’m loving everything you’re saying and we only have like five minutes left. Can you talk briefly about the lawsuit that you won? Then can you talk about current issues?
Diane Wilson: I have a lot of connection with workers inside the plant. Over the years they’ve come to me with information. I had a worker that was in the utilities or the wastewater and he was a whistleblower. He wanted to give me information, so I met him in a beer joint 40 miles away. He was telling me about all of the pellets that were in the waste stream and how they were going into the bay; how they were in the storm water ditches. He was just real concerned about it because he liked to take his kids fishing and when he took his kids fishing there would be all these pellets all over their feet. So I started checking on the pellets that were coming out of Formosa plastics and the state agencies, EPA – nobody, nobody seemed to care at all. Eventually me and a couple of workers – probably it was three or four of us all together – in January 2016 we started collecting all of these pellets and this powder that was all over the bay, all over the creek. Within a year, and we were all going out almost every single day for over a year, we had a thousand samples and probably had two or three thousand photographs. Then we got a legal aid group – Texas Rio Grande Legal Aid – and they offered to be our lawyers to file a citizen suit under the Clean Water Act. For the next two and a half years until March 2019 we collected around 2500 samples of illegal discharges. We probably had 8 000 photos and videos and we took Formosa to federal court. Believe it or not we won. It was astounding and it was the first time a citizen brought their own evidence; it wasn’t the state’s information; it wasn’t the EPA’s information, it was our evidence. The federal judge said Formosa was a serial polluter and their violations were enormous.
After that Formosa wanted to settle. They wanted to sit down and negotiate. So we sat down and negotiated with one woman, Taiwanese American, and we said we wanted 50 million; we wanted zero discharge of plastics; we wanted a clean up; we wanted our own enforcement and we wanted to make sure their plant did not discharge any plastic and we got it. We got all of it. It was the biggest settlement of a citizen suit ever in the United States. From that 50 million dollars we put 20 million dollars into a sustainable, diverse co-op for the fishermen to try to bring back the fisheries. Right in the middle of it then you know you got this Max Midstream trying to do oil export, and to do oil export he needs the bay dredged so he can get big ships in. Unfortunately, it’s a mercury superfund site and so I did a 36 day hunger strike to try to stop the oil exports and to stop the dredging. After that I went to the corps of engineers and blocked their highway; got arrested, thrown in jail. Then we went to his headquarters, we went to his home and we’re doing every single thing that we can to stop that oil export and stop the dredging because we’re trying to bring back the fishermen who have been devastated and that’s pretty much where I am right now.
Derrick Jensen This whole this whole time you’ve been talking I’ve been thinking about this line by Florence Nightingale which was something to the effect of somebody asked her to what did she attribute her success and she said “I never gave nor took an excuse.”
Diane Wilson That’s right.
Derrick Jensen You know you did not take the excuse that I’m not a lawyer so I can’t do this; I’m not a somebody so I can’t do this – you just did it That’s one of the reasons you’ve been one of my heroes forever.
Diane Wilson Thank you very much, I really appreciate it. You know when that Taiwanese American lady, that negotiated, the only woman that came in, when I walked in, and looked at me and said “you are very persistent”. You do it and be persistent; just keep doing it.
Derrick Jensen So my last question for today, and I’d love to have you on again, my last question for today is one of the things I try to do with these series of interviews is to help people. I mean everybody knows something that is that is bad; everybody loves something that is being destroyed. What can you say to them to help move them from sitting around going “gosh things are really bad somebody should do something” to being the person who does something. Or to being one of the people that does something. Can you say something to them?
Diane Wilson Basically I believe everybody, and I truly mean everybody, has – it’s almost like a destiny – there is something we are meant to do. Somewhere in their life some little piece of information is going to come to them. What they do with that information will determine the rest of their lives. I am just so glad I acted totally out of character and stepped out. That’s what you gotta do and I think everybody gets a chance. It’s what decision they’re gonna make on it and it will change your whole life. I’ve lost a lot of stuff but for the first time I remember “I like myself” and for a woman from the south to say she likes herself that’s a big deal. It’s changed my whole life. I am 72 and I have never felt so free and happy in my life.
Derrick Jensen Thank you so much for all of that and thank you for your work in the world and i would like to thank listeners for listening. My guest today has been Diane Wilson. This is Derrick Jensen for Resistance Radio on the Progressive Radio Network.
Featured image: Barge transporting oil drums in the Niger Delta. Image by Stakeholder Democracy via Flickr (CC BY-NC-ND 2.0).
Oil has been spilling from a wellhead in Nigeria’s Bayelsa state for a month now, with the local company responsible unable to contain it.
Experts say the scale and duration of the spill is so severe that it’s imperative that local communities be relocated for their safety.
Oil spills and other forms of pollution caused by the industry are common in Bayelsa, the heart of the oil-rich Niger Delta.
Companies, including foreign oil majors, are largely left to self-declare the spills that frequently occur, but face only token fines for failing to respond quickly.
Crude oil from a blowout has been pouring into creeks in the Niger Delta since Nov. 5, with the well’s owner, Nigerian energy firm Aiteo, unable to contain the spill and specialists called in to help.
The blowout, at a non-producing well in the Santa Barbara field in Bayelsa state, has caused extensive pollution of rivers and farmland in the Nembe local government area, according to the state governor, Douye Diri. According to the News Agency of Nigeria, he said Aiteo should not think that “this criminal neglect of its facilities and disregard for human life and the environment, as demonstrated by its conduct, will not be accounted for.”
In a statement released Nov. 22, the company blamed the incident on sabotage. “Aiteo remains committed to ascertaining, immediately the well head is secure, the immediate and remote causes of the leak which will be driven by a [joint investigative visit] that will follow,” it said.
The oil industry in Nigeria attributes many oil spills to sabotage by people trying to steal crude. Nigeria’s National Oil Spill Detection and Response Agency (NOSDRA), which relies almost entirely on the industry itself for access to on- and offshore oil facilities, reports that around 75%of spills are caused by sabotage and theft.
The joint team initially despatched to the Nembe spill was unable to determine the cause of the spill, as the wellhead could not be accessed “due to hydrocarbon fumes that saturated the atmosphere in the area.” A video of the spill site, captured Nov. 29, showed a high-pressure stream of brownish liquid spraying through the creeks from a wellhead as technicians worked on the site.
The scale of the spill has overwhelmed local disaster response capabilities, and U.S.-headquartered oil-well control specialist Halliburton Boots and Coots has been drafted in to “kill the well,” a process that involves injecting cement into the well to plug it.
“Work is still ongoing at the site to stop the spill,” NOSDRA director-general Idris Musa told Mongabay last week, but all activities around the well were temporarily suspended Nov. 29 to allow the well-kill operation to proceed.
Decades of destruction
The Niger Delta is rich in biological diversity and natural resources. Its creeks, swamps and mangrove forests are home to fishing and farming communities as well as threatened species including manatees (Trichechus senegalensis), chimpanzees (Pan troglodytes ellioti), and the Niger Delta red colobus (Piliocolobus epieni).
But decades of oil production have made the region one of the most polluted places on Earth. NOSDRA recorded 639 oil spills in just the past two years, resulting in 28,003 barrels spewed into the environment, according to the agency’s data.
Bayelsa is where oil was first discovered in Nigeria, in 1956. In the decades since, oil spills from wells and pipelines have contaminated farmland and water bodies, and exposed residents to toxic chemicals. Flaring of gas has led to acid rain falling on the area, while contributing to making Nigeria the 17th largest producer of greenhouse gas emissions in the world.
This environmental destruction has been caused by oil majors including Shell, Chevron and Eni. The Nembe well was bought from Shell by Lagos-based Aiteo in 2015.
“It is extremely disturbing because the trend we are seeing now is that international oil companies know that their equipment are dilapidated, and to avoid responsibility, they move offshore and sell to gullible local companies who think they can make profit and are not ready or equipped to [deal with] this kind of emergencies,” said Nnimmo Bassey, an environmentalist and founder of the Health of Mother Earth Foundation (HOMEF), a prominent green NGO in Nigeria.
Dead and dying trees near the site of a previous Niger Delta oil spill in 2020. Image by Sosialistisk Ungdom (SU) via Flickr (CC BY-ND 2.0).
Consequences — just not for oil companies
The impact of the Nembe spill on local communities and the environment is still to be determined, but Samuel Oburo, an environmental activist affiliated with Friends of the Earth, who lives about 50 kilometers (30 miles) from Nembe, says villagers in the area have been badly impacted.
“I can tell you that the people there face great danger. They have started crying out. They have started experiencing strange illnesses due to the unfriendly atmosphere this spill has exposed the community to,” he told Mongabay over the phone.
But getting oil firms to clean up or pay for environmental crimes in Nigeria is difficult. Legal claims for compensation can take years, even decades, and companies are expected to pay relatively little in fines when they err.
NOSDRA’S regulations say oil companies have 24 hours to respond to the discovery of a spill. A joint visit by government agencies, company officials and community representatives should take place as soon as possible. But a 2018 study by Amnesty International found frequent delays, with some spills continuing for months after they were reported.
Shell, one of the largest operators in the country, visited spill sites within 24 hours on just 26% of occasions, Amnesty said. The slowest response time recorded was when Eni took 430 days to respond to a spill in Bayelsa state. “These delays point to serious negligence. Shell and Eni are wealthy, powerful multinationals: why can’t they act faster? Why can’t they do more?,” the report said.
But the penalties for noncompliance are negligible: 1 million naira ($2,400) for an initial default, and an additional 500,000 naira for every day after that.
“How much is N500,000 to an oil company?” NOSDRA’s Idris Musa said. An amendment increasing the fines is in progress.
Speaking to the ongoing spill at Nembe, HOMEF’s Bassey said that considering the apparent scale and duration of the latest spill, the safest option for residents of the area is to be relocated. “This area does not have pipe-borne water, and when the river is covered with crude oil, it means they have to depend on imported water,” he said. “Some may drink from that river because these areas are permanently polluted and they have no option. Children will swim in that river and people will drink from that river.”
“Crude oil contains very toxic heavy metals like lead; you know, lead affects a lot things concerning people, the nervous system, causes cancer. You have mercury in oil, you have cadmium, you have arsenic and benzene and many others,” he told Mongabay.
“So anybody eating fish from that river is in trouble already. So the relief that they are giving, I believe they should actually evacuate people from that territory at this time.”
Oburo agreed: “So long as the spill continues, there is nothing that can be done to restore the air quality. The only solution is to evacuate those people from there because their lives are precious.”
Bayelsa government spokesperson Dan Alabrah said the state is providing relief materials to communities, but had no plans to relocate them.
