Washington, D.C.– Two and half years after asking the Federal Energy Regulatory Commission (FERC) to reverse its decision to permit construction of the “Algonquin” Pipeline Expansion, residents are finally getting their day in court. Ellen Weininger from Westchester County, New York made the trip to DC Circuit Court for oral arguments Thursday. “From its inception Spectra’s massive Algonquin pipeline expansion violated federal law to avoid a full review of its cumulative impacts. While the courts finally hear oral arguments on the case today in D.C., tens of millions of people in New York and across New England, living and working in the pipeline’s path, continue to remain in harm’s way.”
FERC approved the first phase of Spectra Energy’s massive pipeline expansion in March of 2015. The project, dubbed the “Algonquin” Incremental Market Expansion (AIM) was just the first of a three part expansion designed to increase the volume of fracked gas carried by the “Algonquin” system to facilitateexport of ‘natural’ gas overseas. From April of 2015 until January 2016 a “Tolling Order” issued by FERC blocked residents from proceeding with legal action to challenge the approval. Since then, residents from New York to Massachusetts have been waiting for their day in court. Today, lawyers representing grassroots organizations, including SAPE, the non-profit organization Riverkeeper, the City of Boston, and the Town of Dedham, MA will present oral arguments in the case.
In the intervening two and a half years much has happened. The AIM segment of the expansion was built despite being fraught with delays andviolations of environmental law, plagued bywhistleblower accusations of cutting corners to speed up construction. Spectra, parent company of “Algonquin” Transmission was purchased by Canadian oil and gas giant Enbridge, a partner in the Dakota Access Pipeline. The second segment of the expansion, dubbed Atlantic Bridge because it will serve as a “bridge” to carry fracked gas through New England to Canada, was approved by FERC, and just last week, despite missing numerous permits in Massachusetts, Spectra began work in New York and asked FERC to put certain portions into operation. The third segment of the pipeline expansion,Access Northeast, was halted due to an unconstitutional attempt to pass construction costs onto electric ratepayers in Massachusetts.
Despite all of this, residents and environmental groups persisted in their fight to stop Spectra on the grounds that the approval of the AIM project violated the National Environmental Policy Act (NEPA) and endangered millions living around Indian Point Nuclear Power Plant in Buchanan, NY. “Every day we live with the risk of this pipeline next to the elementary school, the nuclear power plant, the church, and before we can even get our day in court, FERC gives Spectra permission to pick up where they left off with AIM by just changing the project name to Atlantic Bridge. Same pipe, same place, same project,” said Courtney Williams, a resident of Peekskill, NY.
NEPA requires that FERC consider the cumulative environmental impacts of the projects it considers. Challengers contend that the AIM project was merely the first step in a massive expansion of the pipeline, arbitrarily broken into the parts to avoid a full accounting of the impacts it would have. Indeedmarketing materials for the projects show they follow-on one another in time and location like pieces of a puzzle, clearly interconnected.
There is precedent for this kind of wrong-doing being overturned in the District Court. In 2015 Delaware Riverkeeperchallenged FERC’s approval of the Northeast Upgrade project on the Tennessee Gas Pipeline on the grounds that it didn’t consider the cumulative environmental impacts of other expansion projects being considered at the time. In the case of the “Algonquin” expansion, while the tolling order was in place on the AIM project, Atlantic Bridge was under consideration and Access Northeast was in ‘pre-filing’ with FERC. “All three projects had FERC docket numbers simultaneously. FERC can’t pretend they didn’t know that Spectra intended to enlarge the entire length of the ‘Algonquin’ Pipeline,” said Williams, a scientist and member of SAPE from Peekskill.
The other major concern of New York residents involved in the legal challenge is the proximity of the pipeline to Indian Point Nuclear Power Plant. The new segment of the “Algonquin” Pipeline runs underneath the Indian Point property and passes only 105 feet from critical safety infrastructure at the plant. “The approval of the Spectra AIM project was based on afaulty analysis by the Nuclear Regulatory Commission (NRC) of the co-location of the gas pipeline and the Indian Point Nuclear Power Plant. FERC ignoredRichard Kuprewicz, the nationally recognized pipeline safety expert’s conclusion that the risk of a pipeline rupture could cause a catastrophic release of radiation,” said Susan Van Dolsen, a co-founder of SAPE. New York State Governor Andrew Cuomo agreed, ordering an as yet unreleasedrisk assessment be conducted by state agencies and asking FERC to halt construction. FERC refused, and the risk assessment, ordered in February 2016 has still not been released by the Governor.
Residents say they are not surprised that these critical legal and safety issues were overlooked. They citeextensive reporting by investigative journalist Itai Vardi at DeSmog Blog which has revealed numerous conflicts of interest, with FERC commissioners having vested financial interests in the pipeline companies or those hired to conduct environmental reviews.
Nancy Vann, whose Reynolds Hills community had property taken by “Algonquin” by eminent domain drove home the need for reforming the system that approved this project, “We are finally getting our day in court (actually just 20 minutes) after four long years of struggling to bring FERC’s attention to the unconscionable danger posed by this unnecessary project. We must not let our rights to a clean and safe environment be further eroded for the profits of a handful of fossil fuel company executives. We need elected officials who will stand up for us on every level of government to stop the slide toward nuclear catastrophe, irreversible climate change and planetary devastation. The world is watching us.”
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.
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.”
Cortlandt, NY — On Friday morning – in front of a packed courtroom of over 100 New York residents, activists, sympathizers and supporters opposed to Spectra’s “AIM” Pipeline – Cortlandt Town Court Judge Daniel McCarthy issued sentences for nine New York residents (known as the “Montrose 9”) that were arrested for blocking access to a Spectra Energy construction yard in November 2015. Each of the nine of the defendants were fined and sentenced to community service. The defendants had pled the “Necessity Defense,” arguing that their activity was justified because it was done to stop a danger more harmful than the violation of the law, and only after all other legal and regulatory options had been exhausted. The danger they oppose is Spectra’s “AIM” Pipeline, a high-pressure 42-inch gas pipeline that runs within 105 feet of critical Indian Point Nuclear Power Plant safety facilities. Even though Judge Daniel Murphy ultimately rejected this argument, it is groundbreaking for the necessity defense to be considered, and the community stands with the “Montrose 9.” The defendants’ lawyer, Martin Stolar, has filed an appeal with the appellate division of Westchester’s Supreme Court.
Despite their sentencing, the activists vowed that the fight is not over and that the resistance movement will continue. As “Montrose 9” defendant Linda Snider stated, “It‘s difficult for me to think of myself as ‘guilty’ when I was trying to stop a possible catastrophe. The first part of the Spectra pipeline is now in place and running under the Hudson, right next to a proposed oil barge anchorage site and Indian Point Nuclear Power Plant in Tompkins Cove. What could go wrong? The huge outcry against this and other pipelines lead me to believe that the entire Spectra pipeline will, in the end, never get completed.” Defendant Susan Rutman agreed, stating: “Our communities need champions to protect the citizens, not punish those of us who are taking action and standing up to try to prevent a Fukushima-on-the-Hudson catastrophe. It is with a very sad heart that I stand before you to be sentenced.” Defendant Melissa Friedman stressed, “As an attorney, mother of two and with an ailing partner, I have limited time but I had to do something,” citing a long list of problems related to fracking and climate change. She added, “We’re doomed and it’s time to start acting like it.”
By completing the AIM Pipeline, Spectra Energy has only completed one-third of their overall pipeline expansion project – the “Algonquin” Pipeline Expansion. This is really one pipeline project disguised as three pipelines in order to illegally circumvent Spectra Energy’s obligation to identify cumulative impacts of the project as a whole. So while the AIM battle is over, the Montrose 9 voiced their commitment to winning the overall war in court on Friday.
Defendant Monica Hunken stated to the Judge, “Although we have been found guilty, it will not deter us from continuing to peacefully fight the next two segments of the Spectra pipeline every inch of the way. Whatever punishment we receive is a small price to pay for defending the land, air, water and our precious communities…We are here doing our job, being shepherds of the land. If we do not stand up to corporations, they will mow us down. We cannot allow them to treat us like we are sacrifice zones. I am doing this for you and your family too.”
The “AIM” pipeline has been opposed by local residents, countless local officials, Governor Cuomo, Senator Schumer and Senator Gillibrand, as well as riddled with corruption exposés and conflicts of interest. On February 29, 2016, New York State Governor Andrew Cuomo called for an immediate halt to construction while the state conducts an independent risk assessment; the Federal Energy Regulatory Commission (FERC) denied the Governor’s request. On August 3, 2016, both New York Senators Schumer and Gillibrand wrote to FERC, calling for an immediate halt to construction of the pipeline; FERC also denied the Senators’ request. In November 2016, it was revealed publicly that Phil Suter, the spouse of high-ranking FERC official Maggie Suter – who led the review for two gas pipeline projects by Spectra Energy – is a paid consultant for Spectra on a related pipeline project. Without further regulatory action or support from elected officials, residents and advocates have taken matters into their own hands to directly stop construction. Defendant Mike Bucci questioned the Judge, asking “All of the pieces of government have failed us, and now the judicial system has failed us. Where do we go for protection?”
Although FERC granted Spectra’s request to place the Stony Point to Yorktown portion of the AIM Pipeline into service in 2017, Spectra Energy still needs to complete its Atlantic Bridge and Access Northeast projects for the project to be financially viable. Resist Spectra and its allies across the northeast will oppose Spectra Energy’s reckless plans, rampant greed and toxic proposals at every stage. Factually, these pipelines and their supporting infrastructures are destructive and put tens-of-millions of lives, communities, and the ecosystems on which we depend at risk of imminent danger. As defendant Kathleen Thomas stated in court to Judge McCarthy today, “The response to our plea has to do with the word ‘imminent’. When the real danger is imminent, it will be too late. Once this becomes imminent, we are all gone. There will be no chance to say ‘I told you so’.” By working in solidarity with similar fights across the nation, we will stop Spectra once and for all.
Cortlandt, NY — Four months after conclusion of the trial, today Judge Daniel McCarthy found the “Montrose 9” guilty of disorderly conduct for blocking traffic in Cortlandt Town Court. The “Montrose 9,” local residents and environmental advocates who were arrested for blocking access to a ware yard in Montrose to halt construction of Spectra Energy’s AIM pipeline on November 9, 2015, claimed that their actions were necessary to prevent a greater harm.
At the Press Conference after Judge McCarthy’s verdict, Defense Counsel, Martin Stolar, a prominent social justice attorney, said “I am extremely disappointed with respect to the necessity defense, which seems so obviously true. We will take it up on appeal. They (the defendants) are heroes, not criminals.”
After months of delay, testimony from the defendants ended on July 22, 2016. Many of the defendants expressed their concerns about global climate change and environmental damage from the fracked methane gas the pipeline will carry, fear of pipeline explosions and the possibility of another “Fukushima on the Hudson.”
Their goal at trial was to prove that the violation they committed – blockading Spectra from constructing a fracked gas pipeline – was necessary to prevent a greater harm. They demonstrated that Spectra Energy’s AIM pipeline presents immediate risks from explosions and impacts the health and safety of the community. Additionally, they noted that the fossil fuel industry is locking our nation into an unsustainable future of fossil fuels at a time when the country has to move towards renewable energy resources. They made clear that although members of the community had been diligently working through regulatory channels, their efforts were stymied by interminable delays and legal maneuvers, leaving them no recourse but to pursue non-violent direct action.
Although today’s ruling was not the outcome that many present had hoped for, the Montrose 9 and their allies said that they plan to continue the fight.
Marty Stolar: “Judge McCarthy’s verdict is guilty. The Judge rejects the justification as being speculative and the harm is not imminent or about to occur. He then rejects our First Amendment defense, and that the prosecution has proved its case beyond a reasonable doubt. The justification defense which he rejects, we all know, and you all know, the actions were justified, the harm is imminent, and the pipeline is extraordinarily dangerous, and constitutes a present harm and a present threat to every resident in this town, in this county and of the areas surrounding Indian Point. An appeal will be led after the sentence is imposed on January 6th.”
Susan Rutman: “It is absolutely staggering. This decision is disrespectful. But we will persevere. We cannot be thwarted by the limited scope of the legal system. He (the judge) wouldn’t even make a declaratory statement.”
Andrew Ryan: “This furthers my belief that we are run by a Corp-ocracy. They are people who care only about profits. They create and they interpret the law.”
For over three years, these concerned residents along with a number of groups in Westchester County, petitioned the Federal Energy Regulatory Commission (FERC) asking for an independent and transparent study to be done before allowing Spectra’s dangerous Algonquin Incremental Market (AIM) pipeline to be built. Their concerns, and those of elected officials at all levels of government, were ignored; FERC similarly dismissed the concerns of nuclear safety experts and pipeline experts. This refusal of FERC to acknowledge or address health and safety concerns meant that the local community had no legal or policy recourse, which supported their claim of necessity defense.
As of today’s date, Spectra still has not completed pipeline construction as the project has encountered environmental violations, noise complaints, and legal challenges. For months they have tried and failed to run the 42” pipeline under the Hudson River adjacent to Indian Point Nuclear Power Plant, with another attempt slated for this month. As a stop gap measure to bypass their failed river section and salvage the project, FERC granted permission to Spectra Energy to run additional gas through existing pipelines under the Hudson and Indian Point Nuclear Power Plant. This scenario, running additional gas through 50- and 60-year-old pipelines under the plant, was never examined by FERC or the Nuclear Regulatory Commission for safety and was not a condition granted in the FERC permit.
It is the latest in a string of examples of FERC’s failure to address safety concerns or act in the best interests of public heath and safety. In fact, today, members of ResistSpectra, Safe Energy Rights Group (SEnRG), and Stop the Algonquin Pipeline Expansion (SAPE) are in Washington DC attending The Peoples’ Hearing, where representatives of impacted communities will provide testimony and evidence of FERC’s abuses of power and law across the country. Their evidence will demonstrate to Congress the need to reform this rogue agency and reexamine their authority under the Natural Gas Act.
Find out more information about the AIM Pipeline and ongoing resistance here:
