Colorado Climate Lawsuit First to Hold Fossil Fuel Companies Accountable for Climate Impacts

Colorado Climate Lawsuit First to Hold Fossil Fuel Companies Accountable for Climate Impacts

Featured image: Suncor Energy owns the only oil refinery in Colorado. Max and Dee Bernt. CC-BY-2.0 / Flickr

     by Ken Kimmell / Union of Concerned Scientists

WASHINGTON—The city of Boulder and two counties in Colorado are suing ExxonMobil and Suncor Energy, Canada’s largest oil company, to hold them responsible for climate change-related damage to their communities. In the lawsuit filed today in Boulder district court, the plaintiffs—Boulder, Boulder County and San Miguel County—are seeking compensation for damage and adaptation costs resulting from extreme weather events linked to global warming.

New York City and eight coastal California cities and counties have filed similar lawsuits against ExxonMobil and other fossil fuel companies, but the Colorado lawsuit is the first by an inland municipality or county and covers a wider range of climate impacts, including droughts, wildfires, heat waves and flash floods. The complaint notes that more frequent and severe climate-related impacts will threaten Colorado infrastructure as well as its $5-billion winter sports industry and $41-billion agricultural sector.

Below is a statement by Ken Kimmell, president of the Union of Concerned Scientists.

“Communities in Colorado and across the country are already doing what they can to curb their carbon emissions and are spending millions of dollars to adapt to a wide array of harms caused by global warming. Those costs will only multiply over the next few decades, and taxpayers shouldn’t be forced to foot the bill that the fossil fuel industry has knowingly run up over the last 40 years. Affected communities can cite ample scientific evidence showing that ExxonMobil and other fossil fuel companies have played an outsized role in making the problem worse.

“The federal government has abdicated leadership on the central challenge of our time, allowing the fossil fuel industry to continue to emit carbon pollution with no controls in place. It is not surprising that communities damaged by climate change are now seeking redress in state courts.”

For more information about the lawsuit, and why the Colorado communities targeted ExxonMobil and Suncor in particular, see this blog by Elliott Negin.

Call for Solidarity Actions to End the Destruction of the Zad of Notre Dame Des Landes

     by Zad Forever

We are writing with the smell of tear gas rising from our fingers. The springtime symphony of birdsong is punctuated by the explosive echo of concussion grenades. Our eyes are watering, less from the gas than the sadness; because our friends’ homes, barns and organic farms are being destroyed. Bulldozers, supported by 2500 riot police, armored vehicles, helicopters and drones, are rampaging through these forests, pastures and wetlands to crush the future we are building here on the to the zad (The zone à defendre).

We are calling on you to take solidarity actions everywhere, it could be holding demos at your local french embassy or consulate, or taking actions against any suitable symbol (corporate or otherwise) of France! And if you are not too far away, bring your disobedient bodies to join us on the zone. If the French government evicts the zad, it will be like evicting hope.

For fifty years, this unique chequerboard landscape was the site of a relentless struggle against yet another climate wrecking infrastructure – a new airport for the nearby city of Nantes. Farmers and villagers, activists and naturalists, squatters and trade unionists wove an unbreakable ecology of struggle together and three months ago on the 17th of January, the French government announced that the airport project would be abandoned. But this incredible victory, won through a diversity of creative tactics from petitions to direct action, legal challenges to sabotage, had a dark shadow. In the same breath that declared the abandonment, came the announcement that the people occupying these 4000 acres of liberated territory, the 300 of us living and farming in 80 different collectives, would be evicted because we dared not just to be against the airport, but its WORLD as well.

Since that victorious day, the battle has transformed itself and is now no longer about a destructive infrastructure project, but about sharing the territory we inhabit. We stoped this place from being covered in concrete and so it is up to us to take care of its future. The movement therefore maintains that we should have the right to manage the land as a commons (see its declaration The Six Points for the Zad because there will never be an Airport). Today this is the struggle of the zad (zone to defend) of Notre Dame Des Landes.

The zad was launched in 2009 after a letter (distributed during the first french climate camp here) written by locals inviting people to occupy the zone and squat the abandoned farmhouses. Now the zone has become one of Europe’s largest laboratory of commoning. With its bakeries, pirate radio station, tractor repair workshop, brewery, anarchitectural cabins, banqueting hall, medicinal herb gardens, a rap studio, dairy, vegetable plots, weekly newspaper, flour mill, library and even a surrealist lighthouse. It has become a concrete experiment in taking back control of everyday life.

In 2012 the French state’s attempt to evict the zone to build the airport was fiercely resisted, despite numerous demolitions 40,000 people turned up to rebuild and the government withdrew. The police have not set foot on the zad since, that is, until Monday morning, when at 3am the gendarmes pierced into the zone.

On day one they destroyed some of the most beautiful cabins and barns, but yesterday we stopped the cops from getting to the Vraies Rouge, which happens to be where one of our negotiators with the government lives. Destroying the house of those that agreed to sit at the table with you was a strategic mistake. The fabulous zad press team used this as the media hook and today we are winning the battle of the story. If enough people get to the zone over the next days we could win the battle on the territory as well. We need rebel everything, from cooks to medics, fighters to witnesses. We doubt this rural revolt will be finished before the weekend, when we are also calling people to come and rebuild en mass.

Already solidarity demonstrations have taken place in over 100 cities across France, whilst the town halls of several towns were occupied. Zapatistas demonstrated in Chiapas Mexico, there were actions in Brussels, Spain, Lebanon, London, Poland, Palestine and New York and the underground carpark of the french embassy in Munich was sabotaged. They will never be able to evict our solidarity.

Post your reports on twitter @zad_nddl #zad #nddl and to our solidarity action email soutienzad@riseup.net for more info in English see Zad Forever and watch this video to see what is being destroyed.

I Write What I Like: The Legacy of Steve Biko and the Anti-Apartheid Struggle

I Write What I Like: The Legacy of Steve Biko and the Anti-Apartheid Struggle

     by Max Wilbert / Deep Green Resistance

“Deep down, every liberationist is an optimist.” – Steve Biko

Steve Biko was a South African anti-apartheid activist and organizer who was murdered by the secret police in 1978. He was 32 years old when he was tortured and beaten, resulting in his death. “I Write What I Like” is a collection of writing by Biko and includes some commentary.

The collection is defined by radicalism. Biko was a believer in the mantra that freedom cannot be given, only taken. In this idea lies the core of why the liberal solution to South African apartheid remained incomplete, resulting in a highly unequal, racialized capitalist society. This is the difference between “equality” under the law and true liberation.

Biko understood that racism and apartheid were not simply technical problems. “One needs to understand the basics before setting up a remedy,” he writes. “A number of organizations now currently ‘fighting against apartheid’ are working on an oversimplified premise. They have taken a brief look at what is, and have diagnosed the problem incorrectly. They have almost completely forgotten about the side effects and have not even considered the root cause. Hence whatever is improved as a remedy will hardly cure the condition.”

Biko’s philosophy of Black Consciousness was built on undermining both the political structures that upheld apartheid as well as the internalized inferiority and superiority that still characterize race relations in many locations worldwide. He rejected integration for its own sake, recognizing that mainstream integration ideas are “white man’s integration—an integration based on exploitative values. It is an integration in which black will compete with black, using each other as rungs up a step ladder leading them to white values… these are the concepts which the Black Consciousness approach wishes to eradicate from the black man’s [sic] mind before our society is driven to chaos by irresponsible people from Coca-Cola and hamburger cultural backgrounds.”

He aimed to uphold African cultural values as important, writing “The easiness with which Africans communicate with each other is not forced by authority but is inherent in the make-up of African people… this is a manifestation of the interrelationship between man and man [sic] in the black world as opposed to the highly impersonal world in which Whitey lives.”

He understood that oppressive systems maintain their power primarily by the consent of the oppressed, which is gained via coercion, psychological tricks, propaganda, fear, and so on.

This is the reason that Biko was confident in the ability of non-violent aboveground political organizing to liberate South Africa. He was not a pacifist, and spoke in favor of the militant organizations (ANC and the PAC) that operated underground during his most active years.

These organizations had limited effectiveness in that context, but Biko strove to forge multi-generational alliances regardless, recognizing the primacy of shared goals. His approach to other groups was “tough, even aggressive language” tempered “with a basically friendly underlying spirit.”

Biko was a leader, but not an authoritarian. He promoted initiative rather than centralization. This proved to be key when many figures within various resistance movements were banned from participation in public life or sent to prison on the remote Robben Island.

He was a highly effective organizer, as one passage from his friend Aelred Stubbs C.R. makes clear. “Although Steve could hold no office in BPC because of his banning order he was constantly being consulted. It was amazing how much he knew… more than once he warned me not to get too close to certain people, white or black, whose contacts were less than desirable. He was always right. He never spoke against anyone if he could possibly help it. Even when he did, it was always in a particular context… There was this fierce integrity about them all. If you were with them you were in, and everything was given and taken. If in any way you were furthering your own ends, or trying to run with the hare and hunt with the hounds, you were out.”

Biko, like all historical figures, was no saint. His behavior was frequently sexist, and he derided feminism as an irrelevance—not an uncommon attitude at the time (or today), but inexcusable in someone fighting for justice. Like with other historical figures, we can learn from his weaknesses as well as his strength. In 2018, those lessons are still as relevant as ever.

Colombia Supreme Court Rules that Amazon Region is “Subject of Rights”

Colombia Supreme Court Rules that Amazon Region is “Subject of Rights”

Featured image: Dan From Indiana on flickr. Some Rights Reserved.  The Rights of Nature Movement continues to advance through lawmaking and court decisions.

     by The Community Environmental Legal Defense Fund (CELDF) via Intercontinental Cry

MERCERSBURG, PA, USA: Today, the Colombia Supreme Court of Justice issued a decision declaring that the Amazon region in Colombia possesses legal rights.

The Court declared that the “Colombian Amazon is recognized as an entity, a subject of rights” which include the right to “legal protection, preservation, maintenance and restoration.”

The Supreme Court’s decision builds on the precedent set in November 2016, when Colombia’s Constitutional Court ruled that the Atrato River possessed legal rights to “protection, conservation, maintenance, and restoration.” The Supreme Court refers to the 2016 decision in its ruling.

 The Colombia Supreme Court ruling focused on the devastating impacts of deforestation and climate change on the Amazon, and the need to make significant change in how the region is protected.

In making its finding that the Amazon has rights, the Court cited the Constitutional Court’s 2016 opinion, in which that court wrote that it was “necessary to take a step forward in jurisprudence” to change the relationship of humankind with nature before “before it is too late or the damage is irreversible.”

The Community Environmental Legal Defense Fund (CELDF) – with its International Center for the Rights of Nature – has been at the forefront of the movement to secure legal rights of nature, partnering with communities, indigenous peoples, and governments in developing the world’s first Rights of Nature laws.

Transforming nature from being treated as property under the law, to be considered as rights-bearing – and thus in possession of legally enforceable rights – is the focus of the growing Rights of Nature movement.

Throughout history, women, indigenous peoples, and slaves have been treated as property under the law, without legal rights. Legal systems around the world today treat nature as property, and thus right-less. Under these systems, environmental laws regulate human use of nature, resulting in the decline of species and ecosystems worldwide, and the acceleration of climate change.

The first law was passed in Tamaqua Borough, Pennsylvania, in the United States, in 2006. Today, dozens of communities in more than 10 states in the U.S. have enacted Rights of Nature laws. CELDF assisted in drafting the first Rights of Nature constitutional provisions, which are part of the Ecuador Constitution of 2008.

Mari Margil, CELDF’s Associate Director who heads the organization’s International Center for the Rights of Nature explained, “The Court’s decision is an important step forward in moving to legal systems which protect the rights of nature.”

She added, “The collapse of ecosystems and species, as well as the acceleration of climate change, are clear indications that a fundamental change in the relationship between humankind and the natural world is necessary. We must secure the highest legal protections for nature through the recognition of rights.”

About the Community Environmental Legal Defense Fund (CELDF) & the International Center for the Rights of Nature

The Community Environmental Legal Defense Fund’s mission is to build sustainable communities by assisting people to assert their right to local self-government and the rights of nature. CELDF’s International Center for the Rights of Nature is partnering with communities and organizations in countries around the world to advance the rights of nature.

Today, CELDF is partnering with communities, indigenous peoples, and organizations across the United States, as well as in Nepal, India, Australia, and other countries to advance rights of nature legal frameworks.

Climate Change Jury Trial in Spokane, Washington on Hold

Spokane Judge Allows Necessity Defense; Washington State Appeals

Spokane – On March 8, Spokane District Court Judge Debra Hayes issued an order allowing for the necessity defense in a jury trial scheduled to start April 23, 2018, involving a climate change protestor’s alleged delay of oil and coal trains in September 2016.  On March 30, the Spokane County Prosecuting Attorney’s Office appealed Judge Hayes’ ruling.

In September 2016, the Reverend George Taylor joined with fellow Veterans for Peace members to block coal and oil trains from passing through Spokane. Their action followed a similar action by the local Raging Grannies.  All six protestors were charged with trespass and obstructing a train; five pled guilty for various reasons.  Rev. Taylor chose to go forward to trial, and filed a motion asking the judge to allow him to present a “necessity defense,” i.e., that he committed one harm (trespass and blocking a train) to prevent greater harms (climate change and risks of oil train derailments).

After hearings on June 26 and August 21, 2017, Judge Hayes ruled that Taylor may present the necessity defense to the jury to justify his alleged civil disobedience.  She noted, “Civil resistance is breaking a law to uphold a higher law when the threat is imminent and every legal means has not resulted in policy change.”  (Order at p. 8).

“Climate change is real, and neither government nor industry is taking appropriate action to address it.  Citizens therefore must bring their own voices and actions to bear to try to stop destruction of the planet,” said defendant Rev. George Taylor.

In this case, the necessity defense is based on two distinct environmental dangers to the Spokane area posed by transport of fossil fuels by train.

  • First, the incineration of rail-transported coal and oil will contribute to climate change, which poses existential threats to the planet and all species, as soaring temperatures cause extreme weather patterns, disrupt ecosystems, and alter and destroy basic resources necessary for human life, including water availability and agricultural production.
  • Second, rail transport of Bakken crude oil is extraordinarily dangerous as demonstrated by oil train derailments and explosions throughout North America, including at Mosier, Oregon on June 3, 2016.

Judge Hayes’ necessity order was supported by testimony of two experts: Dr. Steve Running, Professor of Global Ecology at the University of Montana and co-author of the 4th IPCC Report on Climate Change for which he shared the Nobel Peace Prize, and Prof. Tom Hastings, Assistant Professor of Conflict Resolution at Portland State University, and author of several books on civil resistance, including A New Era of Nonviolence (McFarland 2014).

Judge Hayes’ necessity order made numerous findings, including:

  • The failure to act more forcefully to abate greenhouse gas (GHG) emissions will lead to harms that are severe, imminent, and irreparable, both at a global level and regionally in the Inland Northwest (Order at p.6);
  • Civil resistance can be effective in bringing about social change; historic victories such as de-segregation and women’s suffrage have resulted from civil resistance and the same result could be accomplished for environmental protections, resulting in institutional, corporate and public policy changes (Order at p. 7); and
  • When all other legal means have been taken, and those attempts have not resulted in change, the judicial branch is the last, best hope. (Order at p. 8).

“The judge nailed the problem:  climate change is already causing adverse harms to the Inland Northwest ecosystems, which will in turn hurt people.  And these harms will worsen. She found that it is reasonable to allow a jury to decide whether these harms outweigh George Taylor’s resistance actions for which he has been charged criminally,” said Rachael Paschal Osborn, Taylor’s attorney.

2016 saw the hottest global temperatures ever recorded; 2017, the second hottest year. The 400 parts per million of CO2 barrier has been exceeded – a key indicator of climate change – and the global average temperature continues to climb toward the two-degree Celsius threshold, a level that the international community has agreed should not be breached.  This rise is expected to unleash even more erratic and devastating climate events such as the extreme wildfires experienced in the West and the devastating hurricanes that hit Texas, Florida, and Puerto Rico.  In the U.S., we have long known that climate change is occurring but have failed to take action.  Thirty years ago The New York Times reported that Climate Change Has Begun, Expert Tells Senate, but efforts to head off catastrophe have been continually delayed and thwarted by the fossil fuel industry.

Virginia: Atlantic Coast Pipeline Resistance at Three Sisters Camp

Virginia: Atlantic Coast Pipeline Resistance at Three Sisters Camp

     by Three Sisters Resistance Camp

Greetings, from so-called Virginia.

The unholy and hated corporate leviathan known as Dominion Energy has begun felling trees for the Atlantic Coast Pipeline, a project poised to cross hundreds of rivers and streams and bore underneath the Appalachian Trail. Dominion’s ACP (along with EQT’s Mountain Valley Pipeline) disproportionately target communities of color and working class families in Appalachia. These projects have been rammed through via Dominion’s political and economic monopoly over every aspect of Virginia’s energy economy.

Dominion has already commenced with clearing and surveying using crews from Utah and Texas, despite their ear numbing promises of jobs for Virginians. We send out cheerful greetings to comrades everywhere.

Water Is Life! Death to the Black Snake!
– Three Sisters Camp

ACP Resistance at Three Sisters Camp from Three Sisters on Vimeo.