An Open Letter to Honorable Daniel F. McCarthy, Town Justice

An Open Letter to Honorable Daniel F. McCarthy, Town Justice

     by Michael Bucci / Deep Green Resistance New York

Honorable Daniel F. McCarthy, Town Justice
Town of Cortlandt Justice Court
One Heady Street, Cortlandt Manor, New York 10567

Re: Order to Appear at Violation of Conditional Discharge Hearing-June 29, 2017, Docket # 15110186

Dear Judge McCarthy,

Thank you for the opportunity to present our necessity defense during our trial and to explain why we were, on that chilly morning in November, 2015, blockading the construction of Spectra Energy’s Algonquin Incremental Market Project pipeline that runs 400 feet from elementary schools and homes, and 105 feet from critical safety infrastructure at the failed Indian Point nuclear power plant on the Hudson River in Westchester County, NY.

I accept full responsibility for my action. We were all prepared for jail-time. I do realize that the sentence you imposed on us is an attempt to keep us out of jail. And I appreciate that.

I cannot, however, comply with certain provisions of your sentence which includes a 12-month conditional discharge, community service requirements, and fines/fees of $350.00. I cannot comply because the sentence imposed on us Montrose 9 resisters, who oppose the construction of this 42 inch, high-pressure, fracked methane-gas pipeline in our community, is actually a form of punishment meant to keep activists like us fearful, quiet and acquiescent. The sentence seems very harsh to me, especially as an alternative to incarceration, and for just a violation: a non-criminal infraction virtually equivalent to a traffic ticket! The sentence imposed is an attempt to break our will and bully us into submission.

In all honesty, I cannot abide by your conditional discharge requirement not to be arrested over the next year fighting this pipeline. This is a form of judicial repression meant to keep us from freely exercising our first amendment, constitutional rights to protest and resist, in this case, the much greater harm that fossil fuels and greenhouse gasses are wreaking on communities. Our necessity defense at trial, in a very real way, coupled with the dire environmental crises we face and injustices worldwide, require us to continue our resistance efforts in an even more concerted way — disrupting the fossil fuel industry, and perhaps breaking the law whenever necessary, to prevent or diminish the much greater harms of global heating, climate catastrophe and eventual systemic environmental collapse.

I cannot agree to not fighting for justice, alongside my friends, for fear of being arrested when so many injustices must be made right, especially these days, when we need to act powerfully and intelligently to dismantle entrenched systems of oppression. We will even need to directly break some unjust laws, like the unconstitutional and mean Muslim ban, for example. Given the enormous environmental harm being done to our living planet, and the efforts to divide us from one another, we will need to be smarter and even more militant, not less so, in keeping the powerful from harming humans and the living planet, while we build diverse and strong communities of love, support and resistance, like we are doing.

Moreover, we did no harm to the community. In fact, we alerted the community to impending crises.  Requiring us to perform community service for fighting on behalf of our neighbors, for trying to protect our community, the water and the land base, from devastation and degradation, I consider wrong-headed and almost insulting, given the way I have tried to live my life in service to the betterment of our communities. (Please see details of my work and “community service” activities, attached.) *

You know that I also disagree with your verdict of guilty both on the merits of the case and with respect to our necessity defense.  Regarding who was responsible for the traffic blockage on Route 9A, I do not think that the prosecution actually proved their case, that we were the cause of the traffic jam. There was sufficient doubt given the obvious failure of the State Police to control traffic, which would have taken minimal effort on their part. I also believe we proved the elements of our necessity defense. The harm of burning fossil fuels, especially methane, 80 times more harmful than CO2, is overwhelming and imminent, locally and globally. Threatening our community and destroying the environment for profit with impunity is what is wrong. I doubt that a jury would have found us guilty.

Admittedly, the Montrose 9 was not successful in our efforts to stop this segment of Spectra’s pipeline. We now need to stop the next segment, Atlantic Bridge Project, and all pipelines, and end the entire fossil fuel industry (and ultimately industrial capitalism, male domination and institutionalized racism) from destroying lives. I realize that from now on we will need to organize better and become more effective in our resistance to the extraction, storage and burning of fossil fuels, the massive infrastructure build out, as well as climate injustice against the poor, people of color and front-line indigenous peoples around the world.

As you know from our individual testimonies, we tried just about every avenue to stop the pipeline construction. In fact, many of our elected officials even agreed with us, but they were virtually powerless and/or chose not to effectively help us. Moreover, regulators continually ignored the calls of citizens and elected officials for independent health and safety assessments of this massive pipeline expansion project.  Clearly, government and laws are on the side of the corporations, the rich and powerful, all of whom prioritize profits over the well-being of citizens. The law and the courts should be protecting communities from the abuses of corporations and government. The completed segment of pipeline we unsuccessfully resisted is a symptom of the failed political & economic system, a failed democracy & collapsing institutions that do not represent the interests of people or life on our planet. Indeed, we all must go way beyond our comfort zones and do everything necessary to make our world safer, to the degree that each of us can.

These days, we need the help of an independent judiciary, and judicial heroes like Constance Baker Motley and Thurgood Marshall, jurists remembered for their understanding of how citizens and communities need special legal protections from longstanding oppressive institutions, and how important it is to safeguard the civil rights of groups who are systematically targeted by oppression, especially when existing law and precedent are not on their side. They took bold, extraordinary steps, and were successful on behalf of the civil and human rights of communities of color, and all communities, against enormous odds.

I am hopeful that we both love this beautiful community on the Hudson River and want to see it thrive, and be a safe and healthy place to live. Yes, we were hoping that you would side with us against Spectra (now Enbridge) Energy and agree that their harm to this community, and destruction of the living environment for profit, would be what is considered unlawful and should be stopped. I am still hopeful that on a deeply human level, we both want the very best for our community.

Therefore, Judge McCarthy, I am asking you for your help in our efforts to stop this pipeline. If I may be so audacious, we really could use your help in this long, hard fight on behalf of our communities. We need your help and assistance from the judicial branch of government for relief, protection and support, especially since some laws may need to be challenged for the greater good to prevent greater harm. Yes, I invite you to consider joining our efforts. Together, we could definitely keep our community safer.

If you cannot yet support us and our efforts, I ask you simply to consider, at least – to think about – what we and the science and the experts have been saying about the dangers of this pipeline, methane gas leakage in our already vulnerable community, the harm of greenhouse gas emissions, and our responsibility to protect our homes and the earth. Please consider this an invitation and an opportunity to continue our year-and-a-half-long conversation about community health and safety and protection from the harms of the fossil fuel industry. While we continue our efforts to stop the construction of this pipeline with our neighbors, and fight to make our community safer, I hope we will continue this important conversation.

I appreciate your respecting my constitutional right to defend myself, & speak on my own behalf, pro se.

Sincerely,

Michael G. Bucci
Deep Green Resistance
Montrose 9 Defendant

* “Community Service” Activities

Catholic Interracial Council, Pittsburgh, PA 1964-66 – volunteer member.
Little Sisters of the Poor (homes for the elderly), Balt., MD & Wash., D.C. 1966-68 – volunteer.
Co-Founder, Storefront Soup Kitchen/Peace Center, Bronx, NY 1970-73, – volunteer.
Resistance activities/organizing to stop the Vietnam war 1969-74.
So Others Might Eat – SOME Soup Kitchen, Wash., DC 1974-75, – volunteer director.
American Red Cross in Greater New York Disaster Relief Services 1975-1977.
Clinton Housing Development Company – community organizer 1978-1981.
Co-Founded Union of City Tenants 1979-83, – volunteer.
Volunteer – New York Women Against Pornography 1984-85.
Co-founder, Men Against Pornography 1985? – volunteer.
Co-founder, New York Men Against Sexism 1989 – volunteer.
Resistance to South African apartheid 1989-1994.
Co-founder, Whites Against Racism Network (WARN) 1990-1993 – volunteer
Bowery Residents Committee – Director of Housing and Development 1981-1997.
ANHD – Affordable Housing Training to 95 under-resourced NYC community groups 2010-17.
American Red Cross in Greater New York Disaster Relief Services 9/11 volunteer.
We Are Seneca Lake – Fossil Fuel Storage Resistance – volunteer 2014-17.
Compressor Free Franklin – volunteer 2014-Present.
Deep Green Resistance – volunteer 2014-Present.
Resist Spectra – volunteer 2015-Present.

Flash Mob for Barriere Lake: No means never, Copper One

Flash Mob for Barriere Lake: No means never, Copper One

     by Barriere Lake Solidarity

When: Thursday, June 1st, 4:15pm

Where: 65 Queen Street West, 8th floor, Toronto

Join us for a flash rally outside of the Annual General Meeting of Copper One – a mining company that has been relentlessly pursuing a claim on Barriere Lake’s land despite firm and repeated refusals by the community.

Community members will be driving to Toronto from Barriere Lake to attend the meeting and tell them there is no possible way they will ever get community consent to drill on Barriere Lake’s unceded Algonquin territory. Just like they’ve been doing since 2011.

The company’s claim covers a large area of the La Vérendrye wildlife reserve and a neighbouring area including the headwaters of the Ottawa River.

In spite of a government decision to suspend the company’s mining claims earlier in 2017, Copper One has repeatedly stated its intention to begin exploratory drilling on the territory of the Algonquins of Barriere Lake.

The Algonquins of Barriere Lake have consistently refused mining exploration on the territory claimed by Copper One. This traditional and current-use territory of the community has been subject to agreements between the community and the governments of Quebec and Canada concerning the joint management of renewable resources, namely the Trilateral Agreement of 1991 and the Bilateral aggreement of 1998. The community has accepted some forms of development on this territory, but has repeatedly stated that mining is not acceptable.

The community objects to the Quebec’s Mining Act’s failure to require consultation with indigenous nations. The Mining Act also fails to allow integrated land use planning in respect of indigenous peoples’ rights and aspirations, including the possibility of saying “no” to mining claims located in culturally or ecologically sensitive areas.

Barriere Lake Solidarity
Solidarité Lac Barrière
www.barrierelakesolidarity.org
www.solidaritelacbarriere.blogspot.com
Huge Victory: Natural Gas Storage Plan Halted at Seneca Lake

Huge Victory: Natural Gas Storage Plan Halted at Seneca Lake

Featured image: The We Are Seneca Lake civil disobedience campaign kicked off on Oct. 25, 2014. Colleen Boland

     by Sandra Steingraber / Ecowatch

The news broke Wednesday in the most banal of venues: the biweekly environmental compliance report submitted by Arlington Storage Company to the Federal Energy Regulatory Commission (FERC).

Deep in the third paragraph of section B, this wholly owned subsidiary of the Houston-based gas storage and transportation giant, Crestwood Midstream, announced that it was walking away from its FERC-approved plan to increase its storage of methane (natural gas) in unlined, abandoned salt caverns along the shoreline of Seneca Lake.

In its own words, “Arlington has discontinued efforts to complete the Gallery 2 Expansion Project.”

It was a blandly expressed ending to a dramatic conflict that has roiled New York’s Finger Lakes region for more than six years. Together with a separate—and still unresolved—plan for lakeside storage of propane (LPG) in adjacent salt caverns, Crestwood’s Arlington operation has been the focus of massive, unrelenting citizen opposition that has taken many forms.

The Gas Free Seneca Business Coalition has, at last count, 398 members. Together with the more than 100 members of the Finger Lakes Wine Business Coalition, this group has been a powerful voice in promoting wine and agri-tourism—a $4.8 billion industry in New York State—as the centerpiece of the Finger Lakes economy, deploying renewable energy systems for wineries and providing an alternative vision to Crestwood’s plan to turn the region into “the gas storage and transportation hub” for entire Northeast. In letters, petitions, press conferences, interviews and editorials, these business leaders have made clear that industrialized gas storage on Seneca Lake—with all the attendant pipelines, compressor stations, flare stacks and air pollution—is incompatible with the pristine environment on which wine and tourism depend.

Local business leaders have also hammered home the message that gas storage is all risk and no reward for the region. The gas—methane or propane—is not intended for local use. All of it would be sent, via pipeline, to burner tips far from the Finger Lakes. Moreover, shoving massive amounts of fossil fuels into crumbly salt mines creates, as it turns out, only a handful of jobs.

Meanwhile, 32 municipalities—representing 1.2 million residents—have passed resolutions against gas storage on Seneca Lake. These efforts have played an important role in generating political pressure, capturing media attention, and raising awareness among community members about the public health threats created by storing highly pressurized, explosive gases in abandoned salt caverns situated below a lakeshore in an area crossed by geological fault lines.

Seneca Lake serves as a source of drinking water for 100,000 people. Even absent earthquakes or catastrophic accidents, simply pressurizing the briny salt caverns with compressed gases may salinate the lake in ways that could potentially violate drinking water standards.

And then there’s the direct action movement. We Are Seneca Lake—in which I have participated—has engaged in protests, marches and repeated acts of civil disobedience. Since October 2014, when construction on the Arlington project was authorized to begin and all legal appeals to FERC were exhausted, more than 650 arrests have taken place at the gates of the Crestwood compressor station site on the hillside above Seneca Lake. For the act of blockading trucks on Crestwood’s driveway, some of us have gone to jail, serving sentences as long as nine days, while others have had their charges dismissed “in the interests of justice.”

As the months went by, Crestwood, waiting on remaining approvals from New York State’s Department of Environmental Conservation (DEC), did not begin construction.

We Are Seneca Lake continued protesting.

When the state clearances still did not arrive, FERC granted Crestwood a two-year extension to “accommodate the New York DEC’s underground storage approval process.”

We Are Seneca Lake continued protesting.

The power of our all-season civil disobedience movement did not lie in the daring risks that we took—no one ever scaled fences, rapelled down walls, went limp, or chained themselves to heavy equipment. We called ourselves the Girl Scouts of civil disobedience because participants engaged in actions whose sanctions were intentionally limited to violation-level charges (trespass or disorderly conduct).

Tantamount to traffic tickets, such charges do not result in criminal records (although one might choose, by refusal to pay a fine, to serve a jail sentence). This practice allowed arrestees to represent a diverse cross-section of area residents. Ranging in age from 18 to 92, Seneca Lake Defenders have included teachers, nurses, doctors, midwives, farmers, winemakers, faith leaders, town board members, military veterans, mothers, fathers, chefs, bird watchers, cancer survivors and numerous disabled individuals.

Our goal was to showcase the breadth and depth of citizen opposition to gas storage. Accordingly, we sought to make civil disobedience as inclusive as possible for as many people as possible, and, for those whose conscience so led them, as safe as possible.

We sustained our movement, season after season, by careful vetting of all participants, meticulous preparation for each action, and requiring that all those risking arrest or playing support roles undergo a training session in non-violence. As a result, We Are Seneca Lake maintained high levels of personal discipline during our actions and, through our almost ceremonial approach to civil disobedience, won the (somewhat begrudging) respect of the county sheriff and his deputies.

We did not turn away luminaries. Seneca Lake Defenders have, variously, included filmmaker Josh Fox, actors James Cromwell and John Hertzler, and environmental leaders Bill McKibben, Rachel Marco-Havens, David Braun and Wes Gillingham.

Seneca Lake Defenders blockaded while reading aloud from Pope Francis’ encyclical on climate change, while enjoying a potluck of local food, and while performing a concert. Our efforts were featured in the New Yorker and the New York Times, as well as in local and regional media. We have received messages of solidarity from around the world.

Unsurprisingly, none of the above activities are mentioned in the official explanation for why Crestwood is now abandoning its plans to expand methane storage.

Nor does it reference last month’s incident at an underground gas storage facility in rural southwestern Indiana where a well failure prompted evacuations and a highway closure. Nor the blowout in California’s gas storage field at Aliso Canyon where, from October 2015 until February 2016, more than 100,000 metric tons of methane spewed into the atmosphere, thousands of households and two schools were relocated, and many residents suffered illnesses from exposure to the emissions.

Instead, the company has this to say about why it is folding its tents:

“Despite its best efforts, Arlington has not been successful in securing long-term contractual commitments from customers that would support completion of the Gallery 2 Expansion Project. While demand for high-deliverability natural gas storage services remains robust in New York…bids for firm storage capacity which Arlington has received from time to time are not adequate to support the investment required to bring the project to completion.”

Credible? For area resident Suzanne Hunt, who, as president of HuntGreen, advises wineries about their renewable energy options, the bigger question is how to make this explanation come true over and over again. In other words, let’s use renewables to make wavering bids for fossil fuels even more unworthy of continued investment.

“The winery owners and other business leaders here didn’t just say no to gas but also collectively invested million of dollars in clean energy systems both to demonstrate their economic and technical viability and to show the state that we are serious about protecting our unique and beautiful Finger Lakes region,” Hunt said.

“As with any major transition, it has been challenging, but we are succeeding in demonstrating that renewables can meet our energy needs and enable economic growth without compromising the health and safety of people today and generations to come.”

For her mother, Joyce Hunt, who is the co-owner of Hunt Country Vineyards in Branchport, New York, the point is to demonstrate how the economic future of the region—based on agriculture, tourism and small business—is aligned with the long-term climate and energy security of the state.

“We applaud the governor and the DEC for withholding permits for natural gas storage, and we are all counting on the governor to deny the permits for LPG, recognizing that these caverns that are unfit for natural gas storage are likewise unfit for propane storage,” she said.

But is Arlington’s natural gas storage expansion project really gone for good? Maybe, maybe not. Fossil fuel infrastructure projects are always resurrectable. Even the Keystone XL pipeline is back in play. But for California native David Braun, who was arrested in a civil disobedience action at Seneca Lake last July, the point is in understanding that we are each, after all, our brother’s keeper.

“None of these gas storage facilities are a problem until they are. And once you see firsthand the kind of devastation and disruption they cause—as I have seen at Aliso Canyon—you begin to understand your moral responsibility to make sure it doesn’t happen somewhere else, to someone else,” Braun said.

“I risked arrest at Seneca Lake because we only need to look at how the last bad idea turned out to know what the next one is going to do.”

Nicaragua: Police Fire Rubber Bullets, Tear Gas at Yatama Supporters Amid Charges of Electoral Fraud

Nicaragua: Police Fire Rubber Bullets, Tear Gas at Yatama Supporters Amid Charges of Electoral Fraud

     by  / Intercontinental Cry

On Monday, November 7th, the day after Nicaragua’s primary elections, supporters of the Miskito indigenous party, Yapti Tasba Masraka Nanih Aslatakanka, or Sons of Mother Earth (YATAMA), took to the streets of Puerto Cabezas to celebrate a regional victory for Indigenous Peoples. It had just been announced that Brooklyn Rivera, the leader of YATAMA, had won political office.

Supporters of YATAMA celebrate news of victory during a speech by Brooklyn Rivera. Photo: Brett Spencer

Supporters of YATAMA celebrate news of victory during a speech by Brooklyn Rivera. Photo: Brett Spencer

Local polls concluded that YATAMA had secured the victory despite numerous allegations of electoral fraud. Nine out of twelve people IC interviewed at four polling stations in Puerto Cabezas reported the fraud in favor of the Sandinista National Liberation Front (FSLN), led by Nicaragua’s current president, Daniel Ortega.

“There is serious doubt about the transparency, the cleanliness and the purity of this process,” said Mr. Rivera. Other than YATAMA, “there is no real opposition” and “no international observation of the elections,” he concluded.

Despite these allegations, YATAMA supporters planned to march across the town at 2:00 pm. However, it was learned around that time that the victory would not be acknowledged until the vote was recounted in Managua, without the presence of YATAMA officials.

The announcement created a sense of unease as the streets filled with Miskito of all demographics in support of Brooklyn Rivera’s re-election as a deputy in the National Assembly.

Mr. Rivera was ousted from office in September of 2015, following a rise in violence over an endemic land conflict between the Miskito and Sandinista settlers known to the Miskito as colonos.

Puerto Cabezas reacts to news of a YATAMA victory. Photo: Brett Spencer

Puerto Cabezas reacts to news of a YATAMA victory. Photo: Brett Spencer

The indigenous population swelled the streets with gracious enthusiasm following an optimistic speech by Mr. Rivera. However, shortly after the start of the march, police began to line the main street in riot gear, preventing the march from continuing.

Miskito youth began throwing stones at the officers and the police began firing rubber bullets into the crowd, provoking more outrage. A group of YATAMA supporters overtook the governor’s office, removing office equipment including computers. The crowd began to compile makeshift weapons to fend off the police, who began using tear gas in an attempt to disperse the crowd.

Many of the women and children took safety in a bar overlooking the conflict, only to have tear gas thrown at them by the police officers.

Police fire rubber bullets at Miskito youth: Brett Spencer

Police fire rubber bullets at Miskito youth: Brett Spencer

“This was suppose to be a peaceful march, but the police started instigating,” said Walt, who works at the bar where we took safety. “But the people have to march to get results around here, otherwise the result would not be the same.”

YATAMA’s supporters eventually overtook the police around 6:00 pm, who retreated to the police station. After the sun had set, a group of Miskito youth, angry with the police for stopping the march, broke into several shops owned by Sandinista supporters.

Photo: Brett Spencer

Photo: Brett Spencer

The following morning, the local Sandinista radio station, Bilwi Stereo, blamed the conflict on the participation of foreigners, discrediting the power and agency of YATAMA’s wide support base. Puerto Cabezas became militarized overnight, with trucks of heavily armed soldiers patrolling the empty streets.

The streets remained calm but ill at ease, as relations between the Miskito and the Sandinista government continue to deteriorate. “We need something better for our people,” said Hector Williams, the Wihta Tara, or “Great Judge” of the Miskito separatist movement. “This is La Moskitia, it is not Nicaragua.”

Fifteen Arrested at Senator Charles Schumer’s Office to Stop the Spectra AIM Pipeline

Fifteen Arrested at Senator Charles Schumer’s Office to Stop the Spectra AIM Pipeline

Solidarity Rallies at all eight of Senator Chuck Schumer’s Offices as New Yorkers from Across the State Call for a Halt to Spectra’s AIM pipeline

     by ResistAIM

New York City –  Today at 9:00 AM, New Yorkers rallied to demand action from Senator Charles Schumer to stop the construction of a high pressure, fracked-gas pipeline that poses a major threat to more than 20 million people. Two hundred and fifty people gathered and heard from health professionals, indigenous leaders and residents of the Hudson Valley where the pipeline is being built. Fifteen people were arrested after refusing to leave unless Senator Schumer took action. Allied organizations held solidarity actions at Senator Schumer’s offices in Peekskill, Rochester, Binghamton, Albany, Long Island, Buffalo, Syracuse, and Washington DC. Groups in Massachusetts, where the pipeline is also being built, gathered to pressure Senators Markey and Warren.

Several groups read a statement from Courtney Williams, a Peekskill resident whose home and children’s school is in the blast radius of the pipeline. “Senator Schumer, I speak on behalf of the HUNDREDS of people at every one of your offices in New York and the millions threatened by this pipeline: You must stop making excuses for your inaction. Spectra’s AIM Pipeline is a man-made and entirely avoidable disaster in the making and YOU have the power to stop it!” Leigha Eyster, a born-and-raised resident of Yorktown Heights where another section of the pipeline is being built, was present at the rally as well: “I’m here to take a stand against the AIM Pipeline project. It’s a great risk to my community and to New York City as well. We’re here because we need Senator Schumer to act. We need him to go to FERC Commissioner Norman Bay, we need him to go to President Obama, and we need to see action, not just words.”

Spectra Energy’s AIM project is a 42” gas pipeline that is only 105 feet from Indian Point Nuclear Power Plant’s safety infrastructure and 400 feet from an elementary school. The pipeline would bring fracked gas from Pennsylvania to New England, despite a report from the Massachusetts Attorney General that shows no need for this gas. Pipelines are prone to accidents; according to the Pipeline and Hazardous Materials Safety Administration (PHMSA), there were roughly six pipeline incidents every week in the United States in 2015, and the number of pipeline incidents is increasing with newer pipelines. Spectra’s AIM Pipeline poses a serious threat to public health and safety, not only to those who live in the immediate area, but to all New Yorkers. As Peekskill resident Nancy Vann said, “There is simply no safe way to put this pipeline into operation next to Indian Point.”

Furthermore, this project locks us into more fossil fuel use at a time when we must move toward renewable energy for the sake of our climate. Senator Schumer has filed his opposition to this project with the Federal Energy Regulatory Commission (FERC), but FERC still has not halted construction. Resist Spectra and allies from across the state are demanding that Senator Schumer go to President Obama, go to FERC Chairperson Norman Bay, and ask his colleagues in the Senate to oppose this project. They are also demanding that Schumer meet with Senators in other states and conduct a press conference demanding that FERC issue a “stop work” order NOW.

Peekskill is not the only part of the state that is being overrun by fracked gas infrastructure. Rallies in other parts of the state called on the Senator to be a voice for those who have been shut out of the process, and for communities where gas projects are being built against the communities’ wishes. “The Spectra Pipeline Project must be stopped if our children are to inherit a planet with clean water, clean air, and a livable climate,” said Renee Scholz from Mothers Out Front in Rochester. “I live in Rochester and recognize that this is an emergency not only for the 20 million people within the evacuation zone, but also for our state, country and planet. Senator Schumer is in a position to demand FERC issue a stop work order permit so this project is halted immediately, and I beg him to do so, now, before it is too late.”

In Binghampton, Lisa Marshall from Mothers Out Front spoke at a solidarity rally. “As a scientist and as a mom, I have no choice but to get on my knees and beg Senator Schumer to stop this project.” Diane Folk from Corning, NY, agreed: “As a mother, grandmother and great-grandmother, I have to take a stand to improve the environment of our nation.”

In Buffalo, 35 people gathered at Senator Schumer’s Buffalo office, where David Reilly Ph.D Professor at Niagara University spoke. “We—the people—need to learn from Standing Rock. We need to reject the impulse to push our risks to another neighborhood, to another location. We need to say NO to the idea that these fossil fuels should ever leave the ground. We need to be unified in our message—from the Spectra opposition to the Northern Access Pipeline to the Dakota Pipeline—that we refuse to give in to the pressure from fossil fuel industries.”

In Peekskill, 40 people gathered, sang and rallied outside Schumer’s Peekskill office, where Erik Lindberg of Peekskill spoke. “Senator Schumer has never held a press conference on this issue that threatens millions of his constituents. This is a man who has held press conferences and introduced legislation on everything from dish detergent pods to powdered caffeine to robo calls interrupting family dinner. Yet, he has never had a press conference on the risks of the AIM pipeline.”

“We fought Kinder Morgan’s pipeline that was slated to cross Rensselaer and Albany counties – and we won. Now we are supporting other New York communities that are fighting pipelines. Our climate demands that we take action. Senator Schumer, we need to you to take immediate action to stop the Spectra AIM Pipeline,” said Ruth Foster, member of Stop NY Fracked Gas Pipeline, a group from the Capital Region that held a rally in Albany.

Andra Leimanis spoke in Syracuse: “We ask that Senator Schumer step up his opposition to the Spectra AIM Pipeline before it’s too late. It’s time to GO BIG: call President Obama, hold press conferences alongside others in congress who have constituents endangered by FERC’s reckless pipeline approvals. Building more pipelines when we need to be rapidly reducing the amount of carbon and methane released into the atmosphere is dangerous. Building a pipeline next to an aging nuclear facility is insanity.”

Concerned New Yorkers gathered at Schumer’s Long Island office in Melville as well. “Schumer has spoken out against this pipeline and has written a letter to FERC but we need more action. We need him to actually stop this. He keeps telling us that he’s done what he can but that’s not acceptable. He needs to do more. It’s ridiculous to think otherwise.” Kevin O’Keeffe, Long Island resident involved in stopping the Port Ambrose LNG facility in 2015.

Finally, allies in Massachusetts rallied at the offices of Senator Warren and Senator Markey. “We here in Central Mass opposing the Northeast Access project know it’s time to join together across pipeline projects to say no to these projects that hurt local communities and us all while making money for the fossil fuel industry” said Michelle Wenderlich, local organizer for Food & Water Watch.

The people have spoken. The time is NOW for Senator Chuck Schumer to lead on this issue to protect all New Yorkers.

 

Resisting Pipelines from Standing Rock to Bagua

Resisting Pipelines from Standing Rock to Bagua

Featured image: Support rally, Seattle, WA. Photo: John Duffy/flickr. Some Rights Reserved.

 by  / Intercontinental Cry

Resistance against the Dakota Access Pipeline (DAPL) at Standing Rock has gained unprecedented coverage. At the center of the story is a thousand-plus miles long pipeline that would transport some 500,000 barrels of oil per day from North Dakota to Illinois. The pipeline is backed by Texas-based Energy Transfer Partners. And It faces a huge line of Indigenous nations who’ve come together to say “No.”

The Standing Rock Sioux Tribe opposes the construction of the Dakota Access Pipeline, because it crosses sacred grounds within the boundaries of the reservation and threatens water sources in the larger region of the Missouri River.

There was no prior consultation or authorization for the pipeline. In fact, the construction of the pipeline is a blatant violation of treaty rights. The territorial and water rights of the Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe are protected under the Treaty of Fort Laramie (1851) and the Sioux Nation Treaty at Fort Laramie (1868)—as well as subsequent treaties.

Indigenous nations across the USA mobilized to protect Standing Rock. There are thousands of people now standing their grounds, including over a hundred Nations from across the Continent. Tara Houska, from the Ojibwa Nation, says this gathering of tribal nations at Standing Rock is unprecedented since Wounded Knee in 1973.

#NoDAPL Peaceful Prayer Demonstration led by the International Indigenous Youth Council at the Standing Rock Sioux Indian Reservation on Sept 25, 2016. Photo: Indigenous Environmental Network

#NoDAPL Peaceful Prayer Demonstration led by the International Indigenous Youth Council at the Standing Rock Sioux Indian Reservation on Sept 25, 2016. Photo: Indigenous Environmental Network

Though it’s making less headlines now, the ongoing pipeline resistance has faced the same brand of repression that other megaprojects face in Guatemala, Peru and elsewhere around the world: with violence and impunity. Most recently, over 20 water defenders were arrested on charges ranging from disorderly conduct to trespassing. Earlier this month, pipeline guards unleashed attack dogs (biting at least 6 people), punched and pepper-sprayed Native American protesters.

Such attacks rarely make it to the media, and when they do the media often ends up feeling some of the legal pressures used against native nations. Democracy Now released video footage of dogs with blood on their teeth, which went viral. As a result, Amy Goodman was charged for criminal trespass. An arrest warrant was issued under the header “North Dakota versus Amy Goodman.” The defense of Native territory was combined with claims that “journalism is not a crime.”

Waves of support emerged everywhere. A coalition of more than 1,200 archeologists, museum directors, and historians from institutions like the Smithsonian and the Association of Academic Museums and Galleries denounced the deliberate destruction of Standing Rock Sioux ancestral burial sites. In Washington DC, hundreds gathered outside President Obama’s final White House Tribal Nations Conference in a rally opposing the North Dakota Pipeline.

Unprecedented mobilization led to unprecedented politics. On September 10, the US federal government temporarily stopped the project. A statement released by three federal agencies said the case “highlighted the need for a serious discussion” about nationwide reforms “with respect to considering tribes’ views on these types of infrastructure projects.”

Dave Archambault, Standing Rock Sioux Chairman, took the case to the United Nations. He denounced the destruction of oil companies and the Sioux determination to protect water and land for unborn generations. The UN Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, responded by calling on the United States to halt the construction of the pipeline saying it poses a significant risk to drinking water and sacred sites.

“I urge the United States Government to undertake a thorough review of its compliance with international standards regarding the obligation to consult with indigenous peoples and obtain their free and informed consent,” the expert said. “The statutory framework should be amended to include provisions to that effect and it is important that the US Environmental Protection Agency and the US Advisory Council on Historic Preservation participate in the review of legislation.”

Many more standing against pipelines

Standing Rock has become emblematic of a much broader battle against predatory development. The invasion of Indigenous territory without prior consultation is unfortunately all too common. The disregard of state treaties and environmental regulations is not an exception, but the norm.

Across the Americas, there are hundreds of nations resisting megaprojects on their lands like Standing Rock. Many of these struggles are taking place now in North America. People know that Native Americans protested the Keystone XL pipeline in Oklahoma. But there are many more pipelines that receive little or no media attention.

In Canada, the Energy East Pipeline would carry 1.1 million barrels of crude per day from Saskatchewan to Ontario and on to Saint John, New Brunswick. The pipeline will secure crude exports to the more profitable markets of Europe, India, China and the U.S. But it threatens the lands of more than 30 First Nations and the drinking water of more than five million Canadians.

Nancy Morrison, 85, of Onigaming and Daryl “Hutchy” Redsky Jr., 7, of Shoal Lake 40 stand together at Kenora’s second Energy East pipeline information session.

Nancy Morrison, 85, of Onigaming and Daryl “Hutchy” Redsky Jr., 7, of Shoal Lake 40 stand together at Kenora’s second Energy East pipeline information session.

There is the Northern Gateway Pipeline, which Canada’s Federal Government conditionally approved in June 2014 without prior consultation. The Yinka Dene Alliance First Nations refused the pipeline permissions to enter its territories. There are eight First Nations, four environmental groups and one union now challenging the pipeline in court. Last June, the Federal Court of Appeal overturned the project.

The Unist’ot’en clan of the Wet’suwet’en Nation are continuing to resist the Pacific Trail natural gas pipeline in British Colombia. Coast Salish Peoples on both sides of the U.S.-Canadian border are opposing Kinder Morgan’s proposed TransMountain pipeline project. In Minnesota, the Red Lake Band of Chippewa Indians are fighting against a set of Enbridge pipelines.

There are many other pipeline struggles around the world, including in Peru, where the Wampis are cleaning up oil spills on their own; and Ecuador, where urban youth and ecologists have joined Indigenous communities in defending the Amazon from further oil drilling in the Yasuni.

What is at stake is Indigenous territory coupled with the greater need for healthy land and clean water for posterity. Resisting pipelines is to defend nature from the tentacles of extractive industries that continue to place corporate interests ahead of human rights and needs even as the climate crisis pulls us to the point of no return. Standing Rock is about Indigenous self-determination as much as it is about restoring relations of reciprocity between humans and nature. Without respect to Indigenous nations there will be no reversing of climate change.

The legal precedent of Bagua

Peru may offer inspiration to redefine rights of extraction–Peruvian courts just absolved 52 Indigenous men and women in the well-known case of #Bagua.

Also known as “Baguazo,” the case refers to the 2009 massacre in the Amazon. Hundreds of people from the Awajún and Wampis nations blocked a road in the area called Curva del Diablo (Bagua, Amazonas) to contest oil drilling without prior consultation on their territory. Several weeks of Indigenous resistance led to a powerful standoff with former-Peruvian President Alan Garcia responding with a militarized crackdown. The military opened fire on protesters on the ground and from helicopters in what survivors described as a “rain of bullets.” At least 32 people were killed, including 12 police officers.

Peruvian forces open fire on the Awajun and Wampis. Photo: unknown

Peruvian forces open fire on the Awajun and Wampis. Photo: unknown

The government tried to cover the massacre by claiming that Indigenous protesters had attacked the police, who reacted in self-defense. Yet autopsies showed that the police were killed by gunfire. The Indigenous protesters were only armed with traditional weapons—they had no firearms of any kind. Nonetheless, 52 peoples were charged with homicide and instigating rebellion in what became the largest trial in Peruvian history. Bagua’s indigenous resistance for water and land is told in the award-winning documentary “When Two Worlds Collide.”

Seven years later, the Superior Court of Justice of Amazonas (Peru) absolved the 52 accused on the basis of Indigenous autonomy over territory. The court determined that Indigenous roadblocks were a “reasonable decision- necessary and adequate- as well as proportional” to defend nature and the “physical and biological integrity of their territory which could have been affected by extractive industries without prior consultation.”

The sentence states that it is “evident that the Indigenous Nations Awajún and Wampis have decided to block circulation on the roads (…) in their legitimate right to peaceful expression based on territorial and organizational autonomy and their jurisdictional authority recognized by the Constitution.”

This marks an important precedent. Peruvian courts showed their autonomy in rejecting fabricated accusations against peaceful Indigenous protesters defending nature. This will hopefully show that the defense of nature, like journalism, is not a crime. Most importantly, the court respected the organizational and territorial autonomy of Indigenous Peoples. Indeed, Indigenous Peoples were right to close the road rather than have their rights violated.

In Bagua as in Standing Rock, Indigenous Peoples have the sovereign authority to block roads to protect territory, water, and the well-being of generations to come. It is time that  all courts respect such inalienable rights with the same fervor that Indigenous Peoples defend their territories.