Thomas Linzey: The Coal Trains’ Track to Nowhere

Thomas Linzey: The Coal Trains’ Track to Nowhere

By Thomas Linzey / CELDF

Four years ago, as we were leaving Spokane to help rural Pennsylvania communities stop frack injection wells and gas pipelines, this region’s environmental groups couldn’t stop talking about “stopping the coal trains.”

After people in British Columbia – including NASA’s top climate scientist James Hansen – were arrested for blocking oil trains; and after people in Columbia County, Oregon have now proposed a countywide ban on new fossil fuel trains, one would think that both the Spokane City Council and the region’s environmental groups would have begun to take strong steps here to, well, actually stop the coal trains.

After all, there is now almost universal agreement that the continued use of fossil fuels threatens almost every aspect of our lives – from scorching the climate to acidifying the oceans and fomenting widespread droughts.

But it seems that both the Council and this region’s environmental groups have resigned themselves to being silent accomplices to this slow-moving disaster.

A few weeks ago, at a forum on coal and oil trains, rather than propose a citywide ban on oil and coal trains, those groups instead focused on the dangers of train derailments and coal dust – two real issues to be sure – but ones that fall completely short of recognizing the underlying problems posed by the trains.

If the problem is derailments and dust, then the solution is to reinforce and cover the railroad cars. That may or may not happen, but even if it does, it doesn’t solve the fundamental problem posed by the coal and oil trains. Instead, such a stance broadcasts the message from the City of Spokane and this region’s environmental groups that the coal and oil trains are okay as long as they are “safe.”

The real problem, of course, is that the fossil fuels that the oil and coal trains carry – when used the way they are intended to be used – can never be made “safe” because their guaranteed combustion is slowly boiling the very planet on which we live.

At the end of Spokane City Council President Ben Stuckart’s presentation at the forum last week, he spoke about his dead-end meetings with state and federal officials, whose doors were open to the energy and railroad corporations but not to communities affected by the trains. Stuckart declared that he wasn’t sure that anything short of laying down on the tracks would stop the coal and oil trains.

For one brief shining moment, it seemed that the heavens had parted and what we’re really up against – a governmental system controlled by the very corporations it is ostensibly supposed to regulate – came shining through.

As I watched, people across the room began to shout and applaud; and then, just as quickly as it had come, it passed, as the hosts of the forum steered everyone back to their latest moving target – this time, urging people to write letters begging Governor Inslee to stop proposed oil and gas exports. In other words, now nicely asking the Governor to stop more oil and coal trains from invading Spokane.

I then realized why I stopped going to those gatherings – I stopped because the form of activism proposed by the groups actually strips us of the belief that we’re capable of doing anything by ourselves, as a community, to actually stop the trains. Writing letters reinforces a hopelessness of sorts – that we’re completely dependent on the decision by others to “save” us, and that we’re incapable of taking action to save ourselves.

It would be akin to the civil rights movement writing letters to congress instead of occupying the lunch counter or the seats at the front of the bus. Or Sam Adams sending a letter to King George urging him to put safety bumpers on the ships carrying tea, rather than having a tea party by dumping casks of tea in the harbor.
Until we confront the energy and railroad corporations directly, they will continue to treat Spokane as a cheap hotel. We need to ban and stop the trains now – using everything that we can – before future generations wonder why we spent so much time sending letters and so little time protecting them.

Thomas Alan Linzey, Esq., is the Executive Director of the Community Environmental Legal Defense Fund and a resident of the City of Spokane. The Legal Defense Fund has assisted over two hundred communities across the country, including the City of Pittsburgh, to adopt local laws stopping corporate factory farms, waste dumping, corporate water withdrawals, fracking, and gas pipelines. He is a cum laude graduate of Widener Law School and a three-time recipient of the law school’s public interest law award. He has been a finalist for the Ford Foundation’s Leadership for a Changing World Award, and is a recipient of the Pennsylvania Farmers Union’s Golden Triangle Legislative Award. He is admitted to practice in the United States Supreme Court, the Third, Fourth, Eighth, and Tenth Circuit Courts of Appeals, the U.S. District Court for the Western and Middle Districts of Pennsylvania, and the Commonwealth of Pennsylvania. Linzey was featured in Leonardo DiCaprio’s film 11th Hour, assisted the Ecuadorian constitutional assembly in 2008 to adopt the world’s first constitution recognizing the independently enforceable rights of ecosystems, and is a frequent lecturer at conferences across the country. His work has been featured in the New York Times, the Los Angeles Times, Mother Jones, the Nation magazine, and he was named, in 2007, as one of Forbes’ magazines’ “Top Ten Revolutionaries.” He can be reached at tal@pa.net.

Northwest Port Expansions will Fuel Coal Industry’s Contributions to Mass Extinction

By Rachel / Deep Green Resistance Cascadia

In the arid Powder River Basin of Northern Wyoming and Southern Montana, the long roots of sagebrush draw water from deep beneath the soil.  The ability to access water in this way makes sagebrush an important star of the Basin’s biotic constellation.  Species of grasses and herbs are allowed to thrive on the moisture that the sagebrush draws toward the surface.

Elk, mule deer, and pronghorn antelope access the water stored in the plant’s pale gray, three-pointed leaves.  Greater sage-grouse eat the sagebrush too, while making their nests and performing their complex courtship rituals among the plant’s low branches.  The soil is the basis for the lives of these creatures and countless others, and the precious moisture within the soil is thread that connects them in a web of relationship.

The Powder River Basin’s coal extraction industry doesn’t place the same value on soil, and neither does the government that serves the coal extraction industry.  The region extracts about forty percent of the coal mined in the United States.  More coal is mined annually from the Powder River Basin than is mined annually from the entire Appalachian region.

The industry calls the soil and rock that lies between their extraction equipment and the coal seams ‘overburden,’ and they don’t take kindly to being burdened with the survival of the beings that depend on that soil.  No soil means no sagebrush, and no sagebrush means no sage-grouse.

Though the threat posed to the sage-grouse by human activity is acknowledged by industry and governmental regulatory agencies alike, both have chosen to prioritize the economy over living beings both human and non-human.  Nevada, another state inhabited by sage-grouse, is developing a conservation plan intended to “sufficiently conserve the species while enabling our economy to thrive.”

This, of course, is nonsense.  Since coal is a non-renewable resource at the center of our culture’s one-time energy extraction blowout, the destruction of the land must continue, and the wasting of soil must accelerate, in order to keep the US coal profit machine running.   By definition, coal mining cannot coexist with the greater sage-grouse, and it is time to choose sides.

In 2010, the Fish and Wildlife Service decided that the listing of sage grouse as a species endangered by human activity was “warranted but precluded,” meaning that the bird needs protection but “other species in bigger trouble must come first.”  Presumably, the “other species” they refer to include the US coal industry – which is definitely in big trouble.  Though coal remains a major source of electricity generation, the combination of band-aid environmental protections and increased competition from cheap natural gas is driving the coal industry’s profits way down from previous levels.  The industry is not taking this decrease in revenue lying down.

The coal industry is looking to boost their profits by tapping into the Pacific market.  Unlike the US coal market, which has lately been flat, the Asian market’s demand for coal is exploding.  China is building at least one new coal-fired power plant every week.  A big obstacle to exploiting this market is a lack of coastal Pacific transport capacity.  To really cash in on Chinese demand, they’ll need more rail lines and expanded West coast ports, and there’s already a plan in the works to get those things in spite of the impact that their construction will have on marine life.

One of the most aggressively pursued port-expansion projects is the Gateway Pacific Terminal proposed for Cherry Point Washington, home to the Cherry Point herring.  As a keystone species, the herring support a variety of other species that share their habitat.  They provide as much as two thirds of the food supply for Chinook Salmon, who in turn provide as much as two thirds of the food supply for the Puget Sound Orcas.

Unsurprisingly, herring populations have decreased by ninety five percent since the late 1970’s.  Cherry Point is also already home to the largest oil refinery in Washington state.  Vessel traffic in this area is already bloated by a rise in exports and the promise of a new pipeline from Canada.  If this port were expanded as proposed, it would become the largest of its kind in North America.  The expanded port would allow the transport of an additional forty eight million metric tons to foreign markets each year, which would require the use of an additional four hundred and fifty vessels each year – each one containing a devastating spill, just waiting to be unleashed.

Another expansion has been proposed for the Millenium Bulk Terminal at Longview, also in Washington state.  The Millennium Bulk Terminal at Longview applied for 5.7 million tons but later admitted to plans for seeking 60 million tons once a permit was granted.  Other ports, including the Port of Grays Harbor in Hoquiam, Oregon International Port of Coos Bay, and Port of St. Helens are also under consideration. Also under consideration is Prince Rupert’s Ridley Island terminal in British Columbia, and other locations in BC may be under similar threat.

Right now, port expansion approval process for Cherry Point and Longview is in the scoping period, which means that hearings are being held for public comment across Oregon and Washington. 

The outcome of these hearings will be used to draft an Environmental Impact Statement (EIS), and that statement will be used to inform permitting decisions. No doubt, government and industry will again be looking for a false compromise between living communities and extractive industry.  We can stand with the herring, the sage-grouse, and all the members of their extended family, or we can capitulate to the demands of a system with an infinite imperative to destroy the land, air, and sea.

The negative effects of the proposed expansions (not to mention the negative effects of not only transporting fossil fuels, but also mining and burning them) are not limited to the possibility of extinction for the Cherry Point Herring and the damage their absence would do to those species who depend on them.  Coal dust and noise pollution worsen in their effect on both humans and non-humans if this industry gets its way, and both the environmental and economic costs that big-coal externalizes will be forced back onto local communities.

All tactics must be on the table.  We will physically halt construction with our bodies when the time comes, but without a community of support, direct action is likely to fail.  Engagement with the hearing process will also likely fail unless it is accompanied by diverse tactics and practical strategy.  We must use these hearings to connect with others in the communities that stand to be affected, and to send the message  that omnicidal industrial projects like this one will not stand unopposed.

You can find more information about the proposed port expansions here: http://www.coaltrainfacts.org/key-facts

Lummi and non-Indian fishers assemble fleet in opposition to coal terminal plan

By Terri Hansen / Intercontinental Cry

A fleet of boats piloted by Native and non-Native fishers gathered today in the waters off Xwe’chi’eXen (Cherry Point, Wash.) to stand with the Lummi Nation in opposition to the proposed Gateway Pacific coal terminal at Xwe’chi’eXen.

“We have to say ‘no’ to the coal terminal project,” said Cliff Cultee, Chairman of the Lummi Nation. “It is our Xw’ xalh Xechnging (sacred duty) to preserve and protect all of Xwe’chi’eXen.”

A ceremony of thankfulness, remembrance and unity was held on the beach during the event. Lummi Indians maintain the largest Native fishing fleet in the United States, and Lummi fishers have worked in the Cherry Point fishery for thousands of years.

If constructed, the terminal would be the largest coal terminal on the West Coast of North America. It would significantly degrade an already fragile and vulnerable crab, herring and salmon fishery, dealing a devastating blow to the economy of the fisher community.

“This is not about jobs versus the environment,” said Jewell James of the Lummi Nation’s Sovereignty and Treaty Protection Office. “It is about what type of jobs are best for the people and the environment.”

Another gathering of Lummi Indians and non-Indian residents from the local and regional community was held at Xwe’chi’eXen on Sept. 21 to call for the protection and preservation of Xwe’chi’eXen, which is the location of a 3,500 year old village site, and a landscape that is eligible for registry on the National Register of Historic Places.

A Lummi Nation Business Council Resolution declared Lummi “will continue to safeguard our ancestral and historical areas” and the ability of its members to “exercise treaty, inherent and inherited rights.”

The Lummi Nation is participating in a broad intertribal coalition to defeat the project and to ensure that the natural and cultural legacy of Xwe’chi’eXen is protected in perpetuity.

From Intercontinental Cry: http://intercontinentalcry.org/native-and-non-native-fishers-join-lummi-nation-in-opposing-proposed-coal-terminal-at-cherry-point/