Walz 2018 Listening Tour – Bemidji Edition

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local, Peggy Flanagan, Tim Walz

Note: His partner Peggy Flanagan was in St. Cloud and Foley while Tim visited with us in Bemidji on Sunday at 1:30 PM.

While I was not happy to vote for Tim Walz, I felt I had to in order to prevent Trump loving Johnson from winning.  The fact that he and Peggy Flanagan are doing a Listening Tour at all is encouraging, as it was to see the group of Water Protectors welcomed at their Transition Office on the 19th of November after the Public Utility Cowards finalized their love fest with Enbridge in approving the requested Line 3 pretty much exactly as Enbridge wanted it.

I thought I was recording so didn’t take notes but there were many excellent comments.  From Education, especially pre-K education for impoverished people, to many iterations of Water Protection including Treaty Rights, Walz got an earful from us.  I didn’t have time to read my statement and questions but I was able to give them to his staffer who assured me he would get it in the car.  I’d put all my contact info on the sheet but I’m not sure I’ll get any kind of response.  Time will tell…  Here’s what I wrote:

Minnesota’s focus on clean energy has allowed over a 30% reduction in greenhouse gases in the decade since the Next Generation Energy Act and Renewable Energy Standard was signed into law by Governor Tim Pawlenty in 2007. Minnesota is currently above average in the U.S. with 50% of our energy coming from renewables.  Renewable energy aligns with the million reasons people visit Northern Minnesota for hunting, fishing, lakes, and trees.  Our northland economy relies on clean water, land, and air to support tens of thousands of jobs, not just in tourism but also in farming, our largest industry in rural Minnesota.

We know from the Department of Commerce that Enbridge’s proposed Line 3 is not needed in the Minnesota Region.  The current route approved by the PUC would run through Minnesota’s wetlands and across its many streams, lakes and rivers to pipe Tar Sands oil, and the chemicals needed to make it flow, from Western Canada to global markets offshore and in doing so would produce the same greenhouse gas as 50 coal-fired power plants.

We know two facts: The Alberta Tar Sands are currently the largest generator of air pollution in North America.  And we know that every pipeline leaks meaning it’s not a matter of IF but WHEN Tar Sands will devastate our watersheds and impact our vibrant economy.

Can you as Governor justify allowing Minnesota to be used as a conduit for bringing such a devastating increase to our global climate emergency while also creating such a substantial risk to our local economy largely based on a clean environment?  What will you do, Governor-elect Walz, to assure that Minnesota divests itself from supporting the Tar Sands economy?

Tim began the session by stressing that local folks are the best decision makers.  He wanted from us, ideas on who he should be placing as Commissions to be most effective.  He used some capitalistic language, he failed to mention Treaty Rights when bringing up Line 3, and he spoke about a “business climate”.  But he did appear to be listening in the the room of over 160 citizens as he sat at the front with Bemidji Mayor Rita Albrecht and took a LOT of notes.

He has put together a team of 30 very diverse people from Mayors to Educators, Fortune 400 CEOs to Spiritual Leaders to look for the people that will be best incoming “servant leaders” to partner the state and local agencies to make government work for Minnesota.  He did say the agencies were NOT regulatory agencies to tell you what to do and not do, but instead to help us all figure out how to do things like make economic activity and still protect the environment or assure resources and equity in education.  He assured us this was the first of many meetings to assure the public is heard. And he emphasized unity while still holding our own core beliefs.

Quite a lot of what he said was attractive and I appreciated that he replied to people by name on the few times he did respond.  He spent most of the time listening to the people voice concerns and ideas rather than giving his own stances for each new item.

Many people spoke and some I knew.  Michael Lane, Assistant Professor at BSU, commented on Native Sovereignty, including his concern about the Brackeen v. Zinke case where the Indian Child Welfare Act was recently deemed unconstitutional.  This is an important case to watch as it could signal a very bad future.  Consider whether it would be acceptable for Americans to go to Mexico and simply tell families which children they wanted to take home with them, regardless of what the family wanted.  Or do you need to try to visualize Germans trying to take the children of Poland at will to truly comprehend the wrongness of this?  I mean, what’s next if you can steal the children of a sovereign nation?  What more could you do?  Literally anything you want.

A woman named Kasey spoke of how limited and difficult her life is because of the lack of resources available for people with mental illness like her. Several members of Lake Associations spoke on the massive amounts of dollars and volunteer hours they commit to protecting our lakes without having any access to being involved as citizen members with the DNR, without having a seat at the table in those discussions even though there are many scientists in these citizen organizations.  A Director of Northern Dental Access (a non-profit in Bemidji) spoke about the need for finding commissioners for the Departments of Health and of Human Services who can work together (apparently an ongoing difficult issue with the present commissioners) and that we bring more rural people in advisory roles.  [I believe we can do this easily with technology as I’ve sat in my Harn watching PUC hearings or participating in Webinars globally.]  She also cautioned on reimbursement changes to assure continued and increased coverage which is very necessary at present.  Walz did speak after this calling for us to support him on these measures.  He LIVES in “Greater Minnesota” so he gets it but he also stressed again that we all should be making suggestions to his committee or going online to apply for the positions that are open through 12/7/18.

Eugene Summers from Natawash (Minnesota Chippewa Tribe band member) asked how the voice of the Indigenous will be heard and Tim noted that an enrolled member of the White Earth Band of the Ojibwe will be sitting in the Lieutenant Governor’s seat in short order.  He did note here that there are eleven sovereign nations and that each has its own treaty rights that differ so he will need help from all.  Dialogue should be on the front end and respectful.  He mentioned that he lives in Mankato six blocks from the execution site of the 38.  Reconciliation and healing are necessary.  Even in this room today he noted the wide array of political, religious, ethnicities, etc. but that we also have common goals: improving the lives of citizens, assuring freedoms are respected, and creating fiscally and morally responsible budgets.

Several talked about the growing concern with aquatic invasive species (AIS).   An educator said we need to fix the differences between metro and rural education opportunities.  Willis Mattison (28 years with the MN Pollution Control Agency) spoke on the fact that the voice of science is filtered through policy issues which prohibits the Governor from hearing the true and vital voice of science.  An independent panel of scientists, unbeholden to any agency, would be a good addition to assure the Governor gets good information.  Willis’ own experience showed that when he spoke the truth in some administrations, he was successful while under other administrations he was punished.

Audrey Thayer spoke from the perspective of a simple citizen on three issues:

1. Considering the recent shooting in Bemidji, there is a need, not for more officers, but for more diversity and understanding in our communities.  (As a light-skinned Indigenous, she hears more than many… being somewhat invisible.)
2. We’re not going anywhere if our water is not taken care of and we have to understand this.  Yes, we need jobs but we can’t afford to lose our wild rice.
3. Education needs to be true.  Middle school children are still learning about Christopher Columbus but our history needs to reflect the truth, including that of our Anishinaabe and Dakota heritage.

Tim applauded all of us for attending and being civically minded.  He is visiting places both where he won and where he lost.  He is listening to all constituents.  He still sounds like a typical politician.  And I agree with him… even for this white woman, it’s pretty difficult to trust another old, white man telling me he knows where I’m coming from.  I really only voted against Johnson, not truly for Walz.  I hope he can prove me wrong and make me a believer.  Today I heard his words but I will be watching for his actions.  He asked all of us to hold him accountable.  I plan to do my part.

I hope both Walz and Flanagan hear another earful on Protecting Minnesota Water this afternoon in Duluth when they wrap up this 2018 tour.

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MN Neighbors Protecting MN Waters

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Justice, Line 3, local, Pipeline, Sierra Club

As some of you knew, I participated in a direct action  in downtown Bemidji on August 29 this past summer.  We blocked an intersection for several hours and ended up being cited for disorderly conduct after refusing to disperse.  The event was only the third civil disobedience direct action that Sierra Club has supported in its 120+ year history.  The  first two civil disobedience actions were in Washington, D.C., one in opposition to the Keystone XL pipeline and a second regarding voting rights.  This third action was requested by local SC Ex Comm member, Marty Cobenais, and, after much deliberation and planning, Sierra Club agreed to support it.  Bemidji would be the first trial of a civil disobedience outside D.C.

One of the main reasons we got a “Yes” from Sierra Club is because of the tremendous strength of the local Line 3 opposition movement.   While most Minnesotans may have heard of Enbridge’s Line 3 Replacement project, via articles in the news or coverage on FB, it still amazes me how little many know about this project and the devastating effects it would have on our state, our people, our environment, and our wildlife.   In this area, there are many of us who have been protecting the water for some time and watching closely as this Enbridge proposal processes through our legal and political systems.  The sad part is how many of our neighbors we know would oppose it if the facts about this line were clearly presented.  And the most difficult thing for me of late is how few have answered the call for support in light of the grave danger this line poses, not just for Minnesota, but for the entire planet.  I don’t know if Governor Dayton will realize the enormity of the problem if there are only a couple dozen of us holding signs and banners telling him to stop the project.

• Did you know that the Alberta Tar Sands are the largest source of air pollution in North America?
• Did you know that Enbridge’s preferred route will require their new Line 3 pipeline to cross under the Mississippi not once, but twice?
• Did you know their corridor easement for this new pipeline is not 50-70’ as for most new pipelines, but 220’?  [This is because it’s not just planned as a “replacement” pipeline but is in fact where they plan to move all their pipelines once the leases run out on their pipelines running through Reservation lands.]

So on August 29^th, about 100 people joined forces to chant and speak and hold an intersection while we livestreamed into Governor Dayton’s office asking him to stop this Tar Sands pipeline project.  Loren Blackburn, President of Sierra Club wrote a nice piece after participating in this event.

There were people in the Governor’s office, assuring the live stream was being seen.  There were people holding signs and banners around the intersection in Bemidji.  There were police liaisons and marshalls and support people assuring that we could hold the intersection with our presence.  And there were 26 of us who ended up being cited and had to appear in court to plead our case last Friday.

The FB Event MN Neighbors Protecting MN Waters was meant to bring out supporters for the Resistance to Line 3.  This 11/2 event consisted of an update on where we are in the fight to Stop Line 3, lunch and socializing, a press conference on why we took direct action, and our first appearance in court defending ourselves on the charges from 8/29/18.  Optimist I am, I hoped for a couple hundred people standing alongside us showing Governor Dayton that we have big numbers supporting the StopLine3 effort.  I was very happy for those who did come out, even if it was less than 10% of my anticipated presence.

We had local friends Ron and Dawn Sjostrand.  Even though she has difficulty leaving the house for long these days, he pushed her in a wheelchair all the way to the courthouse!  And they both were on stage behind our press conference speakers as they expressed why they’d done the direct action.  Nerd got there after we finished court but we were excited to have her join us for the celebration at Rail River Folk School.  Sharon from Bemidji, Sarah and Finn, family members, and a handful of others cheered us on as we headed to court.  We even got some cars honking support as we walked with our banners and signs.

At the press conference, Margaret Levin, Sierra Club North Star Chapter Director, gave the welcome and reviewed the goals we had in taking our direct action: highlighting risks; calling on Governor Dayton to act; assuring the stories of what motivated us are heard.   She introduced Dawn Goodwin, Anishinaabe from White Earth and expert witness at the PUC hearings on Line 3, who was granted permission to speak on behalf of her people.  She explained how the Treaty Rights were not given to the Indigenous by the colonists, they were allowed by the Natives to the settlers.  In order for these rights to be honored  we must assure clean water and a healthy ecosystem.  She explained the serious danger the Tar Sands would bring.  Akilah Sanders-Reed, Youth Climate Intervenor, was the next speaker.  She focused on how the system failed them as they presented data, scientific experts, elders, and more but were simply dismissed by the Public Utility Commissioners.  The PUC failed the public but young people will not abide this failure.  They are taking the PUC to court!

My fried, Doug Rasch of Horsehill Gardens in Clearbrook explained the diversity of our group.  While claims were made by politicians that the protesters were out of state elements and Natives, he confirmed that there were 2 of 26 from out of state (I believe one of them was a Native Minnesotan), 12 were from the Cities, and 12 were local.  Of our group, only 8 were Native.  And then he explained how a pipeline is built.  Specifically the process of clearing the land to be able to dig a pipeline.  He explained how Enbridge’s easement of 220’ is far in excess of what was needed to run another pipeline 10 years ago in this area.  In wetlands, all the brush is stripped from the surface and ground into the dirt to freeze the ground hard.  All the Black Ash, all the White Ash, all the Willows, all the Red-stemmed Dogwoods, all the Cattails.  And for all the wildlife in the area, the frogs, the turtles, all the wildlife, this terminates their hibernation.  In the uplands, forests of Spruce, Balsam Fir, Sugar Maples, and Basswood are ground to nothing as Enbridge prepares to install their pipeline.  Doug explained how the way people feed themselves, how they earn and spend money, and how they obtain energy has resulted in the loss of 60% of our wildlife.  And he stressed that all Enbridge can say about their pipeline is that it is “safe” and they have to say this because it’s implicitly dangerous.  Scott Russell, Co-Chair, Beyond Oil and Tar Sands Committee, Sierra Club North Star Chapter shared about how we have played by the PUC rules and have been disappointed.  Enbridge could not prove a need for Line 3 but the PUC ignored the Department of Commerce.  Science experts were ignored by the PUC in making their decisions.  They ignored the Administrative Law Judge and Treaty Law and Indigenous Rights.  He stands today with his MN Neighbors standing together against a PUC decision that ignored our input to the process.  [You should check out his blog Healing Minnesota Stories…]  And Tom Schmidt, Bemidji area Interfaith Minister, wrapped us up with a message on how Faith Looks Forward.  He spoke of how Line 3 serves the past and gives no benefit to Minnesota.  Investment in the future that our youth deserve must happen now.  Faith calls us forward to renewables, which are already the second largest form of our energy at 25%.  Climate change requires mitigation and that means we need to keep the fossil fuels in the ground and build an energy infrastructure that supports the future of Minnesotans.

We enjoyed a few more rays of sunshine as we made our way into the courthouse for our appearance.  There was an extremely high population of deputies at the entrance.  We each filed through the metal detector at the entrance, squeezing more people into the entry as we could, and eventually made our way to the courtroom lobby.  When they opened the doors for the 2 o’clock appearances, we filed in and filled the rows.

I was late in the group coming into the courtroom and found most of the first and second rows full.  Andy Pearson was sitting on the open end in row 2 and I went to sit next to him.  As I was sitting, I realized I was sitting next to him as the Valve Turners were acquitted and I said, “Well, the last time I sat by you in court turned out pretty good…”

Judge John Melbye came in and quickly got to work.  He confirmed that Frank Bibeau was representing 17 of our group (we had 22 of 26 present ~ several took a Rule 15 to make a plea without appearance via the attorney.)  He would deal with Frank’s clients first and then the remaining half dozen of us.  I hadn’t resolved to be represented by Bibeau.  In fact, I was still arguing in my head as to whether I was going to plead guilty or not guilty.

You see, the county attorney was currently prosecuting City of Bemidji cases on their behalf, including this one, but the contract for that work will end 12/31/18.  SO… this would push any “not guilty” cases today to the City docket and, with all the other cases that may be coming their way as this contract ends, they could decide to simply dismiss it.  That’s what I wanted to try to accomplish – a dismissal.

So our appearances started with Chelsea DeArmond who plead guilty and made a short statement about being proud to stand in civil disobedience with this group of people today.  The punishment for the charge against her was read by the county prosecutor as, “$150 fine and a 1-month stay of adjudication”.  When Frank asked him to clarify if he’d heard correctly, the prosecutor said, “One year, not one month”.  Frank and the judge both assured him that he had said one “month” and then the judge told him that, in this case, he felt a 6-month stay would be more appropriate.  Whoo-hoo!  It’s getting better already!!  That’s a big reduction in our sentence!  One of my fears with pleading guilty was that I’d have to not support protests for a whole year!  I was really hoping for a not guilty plea resulting in the dismissal by the City, leaving me free of punishment and restriction.

The next defendant was Dawn Goodwin who pleaded not guilty.  She was given a new court date of 1/25/19 – but all I heard was the judge offering 11/30/18 as he thought he would schedule any second appearances 4 weeks out from today… which would kill my strategy in pleading not guilty. I’d still be on the County docket.  So I basically decided at that point that I’d plead guilty.  Even though Doug was sitting right next to me teasing that a real activist response would be to plead not guilty – just to fuck with the system. 🙂

A few more people plead guilty and made statements.  The judge had already acknowledged that what we were doing was civil disobedience and that he appreciated our efforts being respectful and controlled during our day of action.  But after Brian PaStarr gave his statement to the judge for why he’d joined the action that day, the judge asked the room, “Is everybody still here? Is everyone who has been charged today still in the courtroom?” The room assured him we all were still present.  He then agreed that our group was so socially active in our communities that, in lieu of payment for our fines today, he would accept community service hours as payment.  The response from our crowd was appreciative disbelief. This was making a guilty plea look even better.

Once Frank’s clients were completed, Nancy Beaulieu was up.  She too pleaded not guilty and when I heard the judge say her next court date would be 1/25/19, I was like, “I COULD plead not guilty too! There’s still a possibility for dismissal!”  But I was up next so I had to decide quickly.  I struggled with this plea decision until the point at which the judge asked me how I would plead.  I literally said, “I’m not sure how I should plead but think I want to plead guilty.”  And he said (smiling), “Well, you need to be sure.” 🙂 He was really lovely.  He’d just admonished me for nodding in answer to his question on knowing my rights noting that the record can’t hear that kind of answer.  🙂

So I took the deal.  And I did so in part because I really admired this judge for his leniency and his appreciation of us.  I told him I didn’t think I could ever hope for a better day in court.  In fact,  I don’t know that any other group has ever had such a lovely day in court!!

I then read this statement, struggling with tears as I did:

I stood in that intersection to defend the water, the plants, the animals, my grandchildren yet to be born – all those who cannot speak for themselves.

I stood as an act of civil disobedience, an idea which has allowed protection for the weak from the strong and powerful throughout our country’s history from the Boston Tea Party to Women’s Suffrage to Civil Rights.

I knew there would be little risk for public harm as the police knew we were coming.

I knew we were representing tens of thousands of our fellow citizens who wrote in opposition to Line 3.  Anti-Line 3 comments outnumbered pro-pipeline comments 17:1.  The Department of Commerce, Department of Natural Resources, and Pollution Control Agency have all opposed the project.  Yet just last week, the PUC gave approval for the Route Permit, even with conditions around the Certificate of Need not yet being resolved.  It is clear that our system of governance is not working to protect Minnesota’s people and environment.

I watched the PUC hearings as the Youth Climate Intervenors were given patronizing treatment in their very serious pursuit of justice for their generation.  I watched as the Tribes were teased with questions about which route they would prefer and then tortured with a decision by the PUC selecting the absolute worst, Enbridge’s preferred route that would create a new 200’ wide scar, hundreds of miles long, through our state.

It is clear we are running out of time to address climate change.  Our stand in Bemidji was a small piece in the larger puzzle of what we need to do as a society to fight for our very continued existence.  I am hopeful that the court will show mercy in its verdict of my behavior.  It would seem the fair thing, the just thing, in light of all we are facing as a civilization.

I believe it was at this moment that the judge turned to the room and explained that he wanted to thank us for making this such a pleasant day.  He said that the courtroom is not typically a fun place to be.  He deals with divorce and criminals and people who find themselves in hard circumstances.  The only happy days are the Adoption Days.  But this day was really enjoyable for him and he thanked us for making it so.

We wrapped up the last few defendants and the judge prepared to end our day together.  He’d earlier mentioned that they were concerned they would be faced with an angry mob.  So as he closed court for the day, I reminded him to spread the word about who we are.  I’m pretty sure he’ll be sharing about how “Minnesota Nice” we Water Protectors are.  [Especially if all those us who pledged to get a card in the mail to him…]

Our press conference was important for us as participants and I hope it brings recognition to the dangers of a Tar Sands pipeline, the importance of Treaty Rights, the injustice of the PUC process, and the solidarity of this diverse group. However, I believe that the best part of our November 2nd day in that Bemidji courtroom was in our respectful treatment of the officers, the court, the judge, and the process.  We made clear that we are citizens who are standing for our children, our environment, our clean water, our treaties, our faith.  We showed that Water Protectors are good people, kind people, civic minded people.  Thanks much to Ellen Hadley for her Livestreaming of our success that day (and for her coverage of so many of the Water Protector events statewide).

I’m grateful for the judge’s leniency and happy to report that, as of this morning, I already have 2 hours of community service under my belt for entering some tabling data for Bimi’ji 350 from the BSU Pow Wow event (my first!!). Only 15 more hours to go!

My only disappointment for the day was in not having more support.  I try to comfort myself with an understanding that all who were supposed to be there were.  I know a Friday afternoon isn’t great timing.  I’m sure most had better things to do that hang out to watch a press conference or witness to our day in court.  But I have to wonder to myself… if the Governor doesn’t see a large crowd supporting him in opposing Line 3, why would we think he’d have a reason to heed our request to stop it?  If you’d like to tell Governor Dayton you don’t want Line 3, you can do so right here.

And I thank you for your support.

Elder Happenings

Tags

DIY, fun

So two significant Elders in my life have been keeping me busy in the last week or so…  First, Ada is 90!!

Our neighbor and local legend, Ada Windecker turned 90 this month and there was a big community gathering to celebrate her major milestone.  Ada is known as the Mayor, Sheriff, and Historian of Alida – the tiny town where we live.  When we first bought our land, the owner of the local Country Store, now defunct but hoping for a re-opening someday,  said to us, “Alida is population 16, 18 if you count dogs.”  It is small!!  There are now about a dozen folks who live right here within a couple blocks of “town” – basically the old Country Store building, a county maintenance building/defunct fire station, and the township dump.  And Ada’s house amidst them all.  She has raised her own five kids as well as many of the local kids as a Sunday School teacher (and superintendent too!).  The gathering had dozens and dozens of folks come out to wish her well.

Family and friends prepared and served sandwiches, salads of potato/pasta/jello, chips, salsa, coffee, punch and cake.  There were four sheet cakes in addition to her showy cake by which she sat greeting visitors.  You had your choice of white, chocolate, marble, or the ever popular red velvet.  Kids of all ages joined in the fun and just before the program started, about three dozen folks on 4x4s arrived to join the festivities.

The program consisted of much music, which, if you’ve ever met Ada, you’d know was a crucial element.  Mark, an old Sunday School pupil of hers, sang Footprints and then Don, a neighbor who also recently turned ninety, serenaded her as well.  Then two of Ada’s grandaughters, Kayla and Kylie (as I recall – both of Perry’s line – apparently the one which breeds good singers) came up and did a smash up of Over the Rainbow and What a Wonderful World.  They were outstanding!!  Several folks stood up to share memories and stories of Ada.  My favorite was Perry’s story about the tooty boat ride on Long Lake.  What a joy to hear these memories.  Ada herself spoke for a bit and even sang a little piece of a song for us.  She was overwhelmed by the day.  But the best was held for last.  Her grandson came up to share a song… and Ada’s secret superpower.  Apparently she’d been asking for him to sing and no excuse would do.  When he’d nearly run out of excuses, she turned on her sweet little tears and proclaimed that she simply must have him sing the Lord’s Prayer and boy were we all glad she used her super power to convince him to sing.  No one can resist Ada’s tears. 🙂

The other Elder keeping us busy is Anne Dunn, Anishinaabe storyteller and dear friend.  We have been on the project for over a year now as I believe the original dreaming meeting was at Esther’s house in 2017 with Esther, Anne, & Annie Humphrey, Patty Kakac, Dan and me scheming on what we could do to make Anne’s dream home a reality.  Now, with Anne having a lot, we have a foundation on which to build.  However, before we build, we must demolish! (Photos are from April 2018.)

 

 

The lot she has is full of debris.  Back on June 3rd, Dan and I spent the day with Anne breaking free one of the old trailers that was stuck in the dirt from being in place for so long.  We were able to remove the skirting and wood framing holding it in place so it could be pulled from its moorings and the attached porch could be broken down.  We had been preceded by Barry Babcock who had chainsawed much of an old tree to clear its danger and happily we carted off a truckload of wood for our troubles. We were followed by some strong ones who broke up the deck and got it in the junk piles.

Much of the scrap metal had been carted off – metal has some value for the entrepreneurial soul.  But much of the wood, wallboard, insulation and garbage (the stuff Anne hadn’t yet dug from the dirt) remained.  Some of the demolition work had been piled neatly but there was a large pile with wallboard that was breaking down.  Anne’s curious nature led her to investigate and she found that drywall can be placed on the ground and, as it breaks down, it can nourish the soil!  She began moving pieces of it to an area on the east side of the lot where she wants to grow later.

After some scheduling, Noreen Hautala, Anne, Dan and I were able to find a day that worked for us to tackle the job en masse.  We hoped for more volunteers but we knew the four of us could make nice headway.  We began by removing more drywall from the junk pile and making an even bigger gypsum garden for Anne.  We filled several large construction trash bags with loose debris and re-stacked boards and other large pieces making the material easier for pick-up.   Robert Saxton had said he could arrange to remove some of it with his trailer so we wanted it to look more approachable!  We did an excellent job.  Robert came by a couple days later and carted off much of the mess.

Anne noted an old fence that had fallen over along the road side of the lot and we decided that would be the base for a Hugelbed.  Hugelkultur uses wood, compost, soil, and vegetation to create a mound into which you can grow.  The wood retains water meaning there is little need for watering once the Hugelbed is established.  For Anne, this should also create some barriers to foot traffic at the road side of the property.

We attacked the pile of tree remains that had accumulated and created a habitat for birds and such by piling it at the back end of the property.  Dan also cut back some box elder to open up the fruit trees in the orchard area.  Noreen had a mission of getting the fallen roof structure out and WOW did she ever succeed!  She was REALLY sore after all that sledge hammer swinging!

For a bunch of old folks working for a day and a half, we were happy with a job well done. A video of the progress we made is posted at Harn Theory.  And good thing we did all we did as the new trailer arrived less than a week later!!  It needs much work but it’s here and we can begin the cleaning, repairing, and decorating so Anne has a lovely home before winter.  Lots more to do and we are grateful for anyone who has a heart to help.  You can follow the progress at Operation Crone Corner.

 

 

 

MN PUC Hearings June 18-19, 2018

Tags

Line 3, MN PUC, Pipeline

The Minnesota Public Utilities Commission is in the final hearing days prior to coming to a decision on whether there is a Need for Enbridge’s proposed new Line 3 pipeline to transport Tar Sands oil from Canada through Minnesota.  This report is on the first two days’ of hearings (of a possible six days… originally scheduled for four).  Unfortunately, I will be unable to watch the hearings live next week so will be catching up as I can, hopefully before the final decision is made.

How to summarize all this information?  As I watched the hearings, I captured over 5000 words on Opening Statements alone!  But I will try to make this report as brief as possible while still covering highlights. A good but even more brief summary was published by the Bemidji Pioneer.

Enbridge starting the day by offering three new incentives during their opening statement, though without details, it’s unclear whether these will be viable, credible, and/or useful.  What did they offer?

Enbridge said it would buy renewable energy credits to offset energy use after a new Line 3 is in service. In addition, Enbridge offered to work with those concerned about the old Line 3 to set up a trust fund to decommission all old pipelines in Minnesota.  Finally, Enbridge would put a guarantee in place by its parent company, Enbridge Inc., to ensure there would be cleanup money available in the event of a spill.  ~MPR News coverage

It remains to be seen whether these offers will make a difference.  Enbridge was scheduled to release a detailed document on these offerings but it has yet to show in the record.  It seems it may release today meaning a very small window for their opposition to review it, likely causing further legal delays.  [There was another surprise document put in the record last week, a letter from Pipeline and Hazardous Materials Safety Administration, which will be discussed in this weeks’ hearings.  It seems rules are being violated left and right in this process.]  It has been argued that, with fossil fuels companies hanging on in a dying industry, the parent company guarantee would be meaningless if Enbridge, Inc. goes bankrupt.  Their work on decommissioning could take years, if not decades, and would require additional permit approvals.  And buying offset credits is hardly going to make a difference to Minnesotans when their pipeline leaks into our environment.  Nor to our grandchildren who will inherit an unlivable planet due to climate change brought on by our continued addiction to hydrocarbons.

It was made clear that Enbridge wants things both ways.  They want the PUC to believe that the current Line 3 is so unsafe that a full replacement is the only way to return to safe operations while simultaneously maintaining that they can safely operate the existing Line 3 for another 15 or twenty years if needed.

That said, opposition parties spoke to the willingness to live with an existing Line 3, even with its failings, rather than adding a new corridor for a completely new Line 3 because the existing Line 3 is almost out of time.  While a new line will run for another 20-40 years or more, the existing Line 3 will certainly shut down within 15 years (the term to which Enbridge did studies on the integrity dig information), 10 years (when Leech Lake easements expire in 2029 and they tell Enbridge to remove the pipe from their land immediately), or even 5 years or shorter if Enbridge or the DNR realize safe operation of the line is no longer possible and the company shuts the line down or the DNR revokes Enbridge’s license for operating.

I was surprised that Kevin Prentis for the Laborers made no mention of the removal of Line 3 and the jobs that would supply to his constituents. He did make sure to comment on the new corridor noting: Spreading risk around is more fair and environmentally just than putting it all in the same corridor!  (SMH)

Bill Grant, Deputy Director of the Department of Commerce, made their stance very clear – they see no reason to grant a CoN.  He noted that Enbridge is asking for 340 miles of northern Minnesota to be released to a private company via eminent domain.  As such, it is their burden to prove need for this line is needed with data and statistics that defy scrutiny, not just their word and claims from their supporters.

The following is from the ALJ report and summarizes the demand data failings.  Mr. Earnest testified on behalf of Enbridge and Dr. Fagan on behalf of the Department of Commerce.

Demand for Refined Product

581. Dr. Fagan’s second criticism of Mr. Earnest’s analysis is that Mr. Earnest ignores demand for refined product and assumes that consumer demand will remain unchanged for the entire forecast period (until 2035).

582. Mr. Earnest does not deny that his analysis completely ignores refined product demand. He confirms:
     • Dr. Fagan is correct that the demand for refined product does not play a role in the analytical modeling for assessing utilization of the Enbridge Mainline. This is fundamentally because the Enbridge Mainline transports crude oil, not refined product, and it is the demand for crude oil that will drive the utilization of the Enbridge Mainline, not refined product.

583. Mr. Earnest explains that, because he sees “no direct connection between Minnesota (and Midwestern and U.S.) crude oil runs and refined product demand,” he found “little utility in providing a refined product demand forecast.”

584. Dr. Fagan disagrees. According to Dr. Fagan, under the economies of oil markets, demand for refined products drives refineries’ demand for crude oil.  Dr. Fagan explained that, with very few exceptions, no one consumes crude oil except a refinery; and a refinery does not consume crude oil unless refined products are expected to be sold profitably. It follows that demand for refined products drives demand for crude oil, and is, therefore, is a driver of the price of crude oil. This means that weak demand for refined products can lead to lower prices for refined products; lower prices of refined products can lead to lower refinery margins (lower profitability), which impacts the viability of some refineries, which, in turn, can lead to lower refinery demand for crude oil. Thus, by focusing only on crude oil supply (as reported by Canadian oil producers) and totally ignoring refined product demand (local and global demand), Dr. Fagan concludes that Mr. Earnest’s analysis is materially flawed.

585. The ALJ agrees. It is commonsense that reduced demand for refined products would impact the price, supply, and profitability of crude oil. By ignoring the demand for refined products — and focusing only on the supply of Canadian crude — Mr. Earnest’s analysis ignores an important factor in forecasting the need for additional transportation of crude.

When it comes to apportionment (not receiving all oil nominated as being needed) causing problems for MN Refiners, the ALJ reported: 1) “Applicant has presented no evidence that Minnesota refiners are being harmed by apportionment or that these refiners are not receiving the oil supplies they need.” and 2) “Minnesota refiners’ comments simply state that reduction of apportionment will improve their ability to access crude oil supplies and will benefit them. They did not present any evidence of harm.”

The ALJ also noted on Reliability that Enbridge has assured us “it can continue to operate Existing Line 3 in a safe and reliable manner”, while also noting that a new line is more reliable than an old line.  However, in line 731 of her report: “Because much can change by 2035, it is important to consider what will happen to the new Line 3 if global demand for oil significantly decreases as some parties’ experts have projected; and the cost of oil is too low to make Canadian tar sands oil extraction and export profitable. The Commission should give serious consideration to the possibility that if oil prices continue to decline and Canadian oil is no longer profitable or in sufficient demand, Minnesota could be left with abandoned infrastructure”.

In her conclusions I love this line:

890. The ALJ further finds that the impacts on Minnesota’s natural resources could be mitigated by: (1) a route alternative that utilizes the existing Mainline corridor where impacts have already occurred and the risk of contamination can be contained to one, existing corridor; (2) a permit that does not allow for abandonment of roughly 300 miles of steel pipe; and (3) a route that does not open a new pipeline corridor through some of Minnesota’s most precious water and natural resources – a new corridor that could be used to locate or relocate other pipelines before or after 2029, when Enbridge’s Mainline easements expire.

Mr. Grant later made it very clear that Enbridge, rather than making a business decision to discontinue the pipeline on its own, is putting decision on the PUC – not an appropriate ask of the State of MN.  This decision belongs with company executives in Calgary and having it pushed off on the PUC has seemed inappropriate to the Department of Commerce all along.  He further says that: A lot has changed since the Alberta Clipper case and PUC issuance of an order in 2014.  We were seeing a lot of refinery capacity expansion then, but not now. The late 2015 US policy change to allow global exports was a game changer causing DOC to think differently on demand for oil as a function of Minnesota’s need and looking at how to answer CN requests from companies for MN to support the process.  (When it comes to the apportionment issue…) One state agency cannot do a full Environmental Impact Statement AND determine demand forecasts as well. This is a failing of DOC and the record and they own this.  Even with the deficiency noted by the ALJ, none of this changes the fact that Dr. Fagan provided with, what ALJ agrees, are material flaws in the Embridge analysis – whose burden it is – to prove demand.  Since Enbridge bears the burden of proof, the DOC cleared the threshold to Deny the CN.   Perhaps an independent forecast would have proved the demand fallacy but it is not there.  Perhaps tellingly, Lange replied, “Not sure enough doubt has been cast.”   She then noted that the ALJ asked why the DOC didn’t reach out to the refineries.  This was refuted by Julia Anderson, counsel for the DOC, who noted that it was Enbridge, not the ALJ, who asked this question.  In responding, she noted the first letter of response from Flint Hills Refinery was addressed to the DOC.  Flint Hills, not being a party or subject to discovery for this case, along with the additional and concurrent case load she bore, led to a lack of resources to dig deeper proactively.  However, Flint Hills filed three letters.  And in none of them did it state that they had been harmed by apportionment.

I was disappointed that no one brought up that the fossil fuel companies are looking to sell as much as fast as they can before someone realizes we only have a couple GigaTons of CO2 to go and we’ll have to stop selling it completely if we are serious about the 2°C idea.  Bill McKibben did the math back in 2012.  At that time, we could burn only another 565 gigatons of CO2 and remain under 2°C.  At that time, we had 2795 gigatons in proven reserves – five times the amount we have space left to burn!  His more recent article (2016) showed a continuing concern with the math of climate change.  Based on Rystad data (frequently referenced in this PUC hearing), and the new goal of 1.5°C set by world leaders in Paris in 2015, we can only burn another 353 gigatons of CO2.  Yet we have 942 gigatons worth of CO2 in the currently operating coal mines & oil and gas wells.  So we’re gonna overshoot if we use up all we have found, let alone if we continue pursuit of more fossil fuel sources.

Winona LaDuke gave a challenging, common sense based opening statement for Honor The Earth noting:

• She represents the Home Team – her people have an 8000 year history in this land.
• The Canadian economy is frontier economy, a flawed economy.
• Half the world does not have water – we still do.
• Good corporate citizens do NOT make messes. The PUC needs to tell Enbridge to clean up their old mess before making a new one. $2B to clean up OLD mess is JOBS.  Green Jobs for the future of MN, not a Canadian pipeline company.
• Six pipelines is enough.
• 12 cities suing on climate change.  Major corporations being sued. $6.15B in divestment. No one wants a Tar Sands pipeline.
• 68,244 people submitted comments against Line 3 to the PUC.  There were only 3,756 supporters. [Love seeing Dawn and Maurice in this below post.]

While several Commissioners stated that they did not know yet where they would land on the question of Need, it seemed to be that they often used the language of Enbridge, not the language of the opposition.  They would state assumptions about rail being more unsafe than pipeline, even after just hearing input that rail, while experiencing more spills per barrel than pipeline also allowed for more easy cleanup of much smaller and known releases. In fact, rail was finding renewed support in the industry as a cheaper alternative to pipelines as they can transport crude without the added dilbit (chemical soup that allows the sludge to flow), meaning more crude can be shipped on rail per barrel than in a pipeline.  Some companies are actually rolling the crude into solid balls that can ship in open containers and, even that shipped in closed containers, should there be a leak, would not actually release from the car as it is solid, especially in the cold temps we often see in Minnesota!  Yet the Commissioner’s statements continued to reference Enbridge’s assumptions for rail safety, crude oil demand (based solely on supply), and what Enbridge says is in the best interest of society as a whole.

I am hoping that the tide is turning for the fossil fuel industry. People are recognizing that we need to move to renewables and that in their end game, we need to hold the fossil fuel companies responsible for their infrastructure.  California recently denied a new gas pipeline calling it “unnecessary” and forcing the company to conduct expensive safety testing on the existing pipeline rather than replacing it.  This will also save customers from having to pay a monthly increase to support this new build.  In addition, US News & World Report is urging a stop for financing for the Line 3 project, calling it a “potential disaster”.  The article reports on a recent commitment by Crédit Agricole which pledges to take into account climate change and vows to exclude hydrocarbons that pose the biggest threat to the environment, specifically mentioning oil sands, and notes: “Wall Street darling JPMorgan Chase and French behemoth Crédit Agricole are set to renew a $625 million line of credit for Enbridge Energy Partners, the subsidiary building the U.S. portion of Line 3, on June 29th. …  Banks can’t claim to want to avoid financing Line 3 while they continue to pour hundreds of millions of dollars into the company building it.”

Meanwhile, the PUC Hearing process has received much criticism on its recent hearing procedures.  Did you know participants are barred from bringing in water bottles even though the hearings are an all day affair?  Even a woman with medical condition that requires access to water was denied this basic human need.  Meanwhile the Commissioners sip their lattes… But even worse are the ways their ticketing process was being abused.

“Once the doors finally opened on Tuesday, a couple of dozen teenagers (or very young adults) wearing “Minnesotans for Line 3” T-shirts got their tickets and promptly exited the building as a group, never to return to the meeting. They effectively ate their tickets so that no authentic members of the public could take those spots. …

Some who had spoken with the kids in line — trying to strike up a conversation about Line 3 — learned that they didn’t know what Line 3 is, or were “not allowed” to talk or were there because it had “paid really well.”

 

Despite the PUC’s knowing that this had happened, and despite numerous complaints about 26 empty seats in the main room that could have been filled by the overflow audience, staff members were rigid about the ticketing policy. ~ Star Tribune article linked above

The charge is that the PUC could have found a larger venue, in light of the packed hearing rooms throughout the last year of this Line 3 process.  I have charged many times that the PUC does not appear to be truly interested in hearing the public input as I have faced many difficulties and obstructions in finding data throughout my investigations.  It would seem that, if they truly represent Minnesotans, there should be as many of us in the room as we would like to encourage civil participation.  Their actions in this last step of the process do not convey an attitude of encouraging public involvement.

Perhaps their final decision will redeem them.

Storyteller Michael Venske

Tags

fun, storytelling

I knew I’d likely be going to see Storyteller Michael Venske in the Farm by the Lake Storyteller series and, after reading the report on his event in the Farmers Independent and on FB, I definitely knew I wanted to meet this guy.

Michael… spends his (time) on projects that help the greater good.  ~ Michael Venske Event Promotion

From recordings for Hazelden, teachings on de-escalation techniques for individuals in mental health crises, HIV awareness videos, performing environmental comedy shows, and working with First Witness Child Advocacy Center teaching law enforcement how to conduct forensic interviews with victims of childhood sexual abuse… this guy has spent a lot of time working on the greater good.

And he spent three years in China teaching English.  I was anxious to hear his reporting as compared with what Tom had shared with us years ago after his trip to China.  Michael seemed the kind of guy who’d be up for adventure. So what did I do?  I reached out to him!

I sent him a message and, as I expected, he immediately responded.  He ended up calling the house and we chatted about the possibilities of meeting, deciding that he’d come for a meal with us during his visit to Clearwater County.

Michael came by our place for lunch prior to the Library gig and we chatted for a while and then had a nice local food lunch including pork roast from Split Oak Farms along with pickles and green beans from Merry Gardens Farm that Connie and I canned this past fall.  We ended with some warm tapioca with a bit of coconut added – this is becoming a great go-to dessert for me of late.

We shared a bit of our story with him and Michael noted, after being introduced to our Rocket Mass Heater, that his story today would include a fireplace aspect.  I was impressed when he mentioned his “Rumford” fireplace.  Ah, a kindred spirit…  We told stories all through lunch and then Michael and I headed to his gig while Dan wrapped up at the Harn.  It was endless back and forth during our ride to Bagley.

We had a good crowd at the Bagley Library where Dawn Loeffler and Marty Cobenais from Farm by the Lake had prepared a wonderful place for him that included a fake fireplace!  The story went up and down, from dramatic and compelling to hilarious (yes, I was laughing out loud – a lot!).  It pulled us all forward and then circled back and then wrapped up with a warm and comforting close.  The crowd was very happy with his performance.  Lots of laughs and a few good things to ponder.  We had a lovely Q&A session at the end and I was surprised by several questions – these people knew a few things about Michael’s work – what a prepared audience!!

A really fun day of meeting a new friend.  I was thrilled to learn more about this amazing guy.  He’s worked on some wonderful projects, one of my favorites of which is training police officers on de-escalation practices for interacting with people with mental illness.  I had some ideas on how we could really use this training to help improve our law enforcement in Minnesota.  But I’m most looking forward to sharing more with him on one of my favorite subjects, which as he was wrapping up the day I found also interests him, Death.

Dan and I have decided Michael can come visit us at the Harn any time, especially if he brings his pink robe!  And Athena.

Photo credit: http://michaelvenske.com/about/

Standing on the Right Side of History

Tags

activism, Women

Things are heating up here in the North Woods, literally and figuratively.  Climate change has made for a strange Fall turning to Winter as we’ve had frigid, colder than normal, weather for most of November.  However, we have also had some unseasonably warm days here and there.  [Most recently we used these warm days to process trees and chickens.]  And in December a trial begins in Bagley, Minnesota that could mean big things for the Climate Movement.  Climate Warriors Emily Johnston and Annette Klapstein, along with co-defendents Ben Joldersman and Steve Liptay, shut down the Enbridge Tar Sands pipeline on October 11, 2016 in Leonard, Minnesota.  They will be presenting a Necessity Defense and Dan & I will be there to cheer them to victory.

This past Wednesday as most people were preparing their turkeys for roasting, I sent my second and final comment to the Public Utilities Commission regarding the Line 3 FEIS (Final Environmental Impact Statement).

Dear PUC,

I am not sure if there is really any point in writing and that is a sad feeling for a constituent to have in writing to their government.  The government is supposed to serve the people.  But these days it appears the government and law enforcement are supporting Corporate needs over the needs of Citizens.  Which, if you read history books by Howard Zinn, is apparently the way it’s always been.  I just wish we’d learn more from our history as we proceed through this time of the sixth great extinction, largely caused by and definitely accelerated by man.  If we could, we just might save mankind.

What is the source of my hopelessness?  In part it is because it seems, based on several factors, that the public comments are not truly given full consideration.

• The FEIS was ruled “adequate” by Eric Lipman even though MANY of the public comments from the DEIS remain unaddressed.
• The environmental factors in regard to climate change appear to be deemed outside the scope or not relevant.  How can concerns about climate change be not relevant to a decision that would affect climate change?
• The document in some part reads like a commercial endorsement of Enbridge.  It’s pretty evident that much of what Enbridge reported was included without critical evaluation of its validity.  If this is truly an Environmental Impact Statement, it should include a scientific evaluation of the information presented by the requester, not just a reiteration of it as fact.

It seems that the PUC has already determined that this pipeline CoN will be approved, it’s just a matter of getting through these pesky public meetings.  Oh, and this Evidentiary Hearing process.  It also seems disrespectful that the Tribes have not had a true place at the table.  The US has violated Treaty Rights over and over.  But this needs to end.  It is past time when the voice of the Natives of this Land should be heard.  If we had listened to them long ago, we would likely not be in the mess that we are.  They watched as the Colonials came into their land and raped and pillaged it.  The piles of buffalo skulls, the massive culling of trees, the destruction of wetlands – they watched as the largely White population destroyed in a short time the land they had inhabited for centuries.

And we continue to focus on energy products that destroy our world.  From the poisoning of the land where Tar Sands are extracted to the leaks that run from the inadequate pipelines fouling the waters to the burning of fossil fuels that pollute the air, we continue to walk a path of destruction.  It is high time we stand together for a focus on renewable energy; plant energy, wind energy, solar energy, and those yet to be discovered because we lazily stay the path of fossil fuels.

And we see spill after spill.  What a simple little word that is to describe something so destructive.  The latest “spill” of 5000 barrels, over 200,000 gallons, in South Dakota should be a red flag to Minnesota’s PUC.  There must be a consideration of the dangers of pipeline leaks, something inevitable with Line 3, which even Enbridge admits.

If the PUC approves this Certificate of Need and Permit Route, it does so at the peril of not just Minnesotans but all people of the world.  The Fossil Fuel Industry is a DYING Industry.

Please be a force of good on the right side of history and DENY the Certificate of Need.

Jami Gaither

Alida, MN

I also sent a card to Administrative Law Judge Ann O’Reilly.

Unfortunately, we continue to see Government working in favor of the Fossil Fuel Industry, most recently in Nebraska.  I posted recently in FB regarding the spill they experienced in South Dakota on the Keystone XL Pipeline:

Worse than we thought… and it may not affect today’s decision on the XL Pipeline. A state law passed in 2011 prevents the commission from factoring pipeline safety or the possibility of leaks into its decisions. [When they passed the law, legislators argued that pipeline safety is a federal responsibility and should not factor in the state decision.]

I think it’s incredible that the media reports “An aerial photo released by TransCanada on Twitter that the company says is of the spill, shows a darkened area on flat agricultural land. There do not appear to be any waterways or towns nearby.” I can clearly see the drainage ditch in the photo feet from the leak. Where do they think this water goes??

The Crow Creek drainage ditch is a small tributary to a major water supply for South Dakota taking the snow melt to the east into the James River.

I read a comment recently that the Navy has a saying about how one drop of oil in a ship’s water supply is deadly. I talked with a Navy Doc friend of mine and he regaled me with tales of what oil does to the body. Basically, when the body encounters it, it forces the body to flush. So then you need clean water to re-hydrate. You can see the problem, no? Where does the crew get fresh water if their supply is contaminated?

As horrible as this is, I am hopeful that it is one more nail in fossil fuel’s coffin.

Indeed, it turns out Nebraska approved the new Keystone XL Pipeline with a vote of 3-2 (all Yeas were Republican Male votes) citing the need for rural tax dollars – apparently oil is worth more than water in Nebraska.  The motion OP-0003 was moved by Commissioner Landis and seconded by Commissioner Johnson (and supported by Commissioner Schram) but the best part of the meeting was the commentary from Commissioner Crystal Rhoades who voted “NO” on the motion.  She cited several reasons for her opposition including:

• Due Process rights for 40 landowners along the route.  These residents were not informed that their land was in the path of the newly approved pipeline route and thus may not have been following or commenting on the issue.
• Federal and State agencies did not study this new route.
• This route continues to run through fragile soils with a high probability of landslides.
• The mainline alternative route crosses the Ogallala Aquifer.
• TransCanada has shown no positive evidence of an economic benefit to Nebraska as they have no contracts with any NE Labor Union or Contractor and there is no evidence that any construction jobs will be given to NE residents.  Short term tax payments will not offset the losses to the value of the land through which the pipeline runs.  Furthermore, the NE Department of Revenue could not conclude a positive tax impact for NE.
• TransCanada admitted it had not spoken with NE Native American Tribes.
• Another corridor exists but TransCanada did not “prefer” using their existing corridor.

Commissioner Mary Ridder also voted against the motion.  Yea for Women!!  Another fine example of why we need more women in government.

There are also Activists fighting in opposition to the pipeline.

“One thing we’ve learned through this whole process is we take our victories as we can get them, no matter how big or how small,” Randy Thompson, a Nebraska rancher who has been among the most visible pipeline opponents, said on Monday. “And this today is another victory for us because the damn pipe is not in the ground, and they said 10 years ago they were going to have it in the ground.”  ~ NY Times article (linked above)

It could be a tough fight for TransCanada and I sure hope it is.  Even the Economist reporting was bleaker than I expected.  And South Dakota might be getting serious about holding TransCanada accountable after this third leak in a year.  None of this is helping TransCanada in a time of cheap natural gas (oil prices have dropped on them from $130 to $58 a barrel) and while they are seeking new Shippers – turns out they’ve seen a “reductions in volume commitments by other shippers.”

Meanwhile, here in Clearwater County we gear up for our own Climate Change Activism.  In the little County Seat of Bagley, Minnesota (population 1400 per the 2016 census, though the local sign still says 1574) we will be hosting the trial for Climate Activists Emily Johnston and Annette Klapstein, on which Emily recently wrote for the Guardian.  She said:

We knew we were at risk for years in prison. But the nation needs to wake up now to what’s coming our way if we don’t reduce emissions boldly and fast; business as usual is now genocidal.

In shutting off the pipelines, we hoped to be part of that wake-up, to put ourselves in legal jeopardy in order to state dramatically and unambiguously that normal methods of political action and protest are simply not working with anywhere near the speed that we need them to.  ~ Emily Johnston

Dan and I attended their arraignment hearing back in August and the courtroom was filled with Water Protectors supporting these four defendants… and one Enbridge employee – their local cheerleader, Cheryl Grover (previously the County Assessor).  Cheryl brags about how she “retired one day and was working for Enbridge the next”.  While the original arraignment was a fun day with lots of friends, we have seen some not so great outcomes in the trials for the Shut It Down Activists to date.

Ken Ward (who planned to use the Necessity Defense in his actions against the Brayton Point power plant in Somerset, MA until the DA dropped all charges) had a relatively good outcome in his Washington State trial – basically time-served along with community service and supervision.  Michael Foster was tried in North Dakota, a strong supporter state of the Fossil Fuel Industry.  James Hanson and other Climate Science experts were barred from testifying.  Michael faces up to 21 years in prison.  His sentence will be announced in January.

More recently in Montana, Leonard Higgins was convicted of  felony criminal mischief and misdemeanor criminal trespass.  He is looking at a possible 10 year prison sentence and up to $50,000 in fines.  His sentence will be announced January 2, 2018.  If you want to donate to the defense fund for these Climate Warriors, please click here.

Emily gives me some hope as she writes in her article:

“I’m heartened by the way the law can be supple—not a thing that, once set, holds that exact shape forever (or we’d still have slavery, and I couldn’t vote or marry), but a thing that responds—slowly—to our evolving understanding of what is just and true.”

Do they have a chance?  Ted Hamilton and Bill Quigley make a strong argument that there may well be reason for hope in this little courthouse in Bagley in their article Do Climate Activists Have a Legal Justification for Civil Disobedience?  They describe the Necessity Defense where one can break the common law in order to obey a higher law:

“The common law — the collection of precedents, norms, and legal traditions that originated in medieval England and which forms the fabric of our legal system today — has long allowed for some wiggle room to justify lawbreaking.

For example, a ship captain may destroy precious cargo to prevent capsizing in a storm, and a prisoner may escape from prison to avoid being raped. The logic of such cases is simple: sometimes you need to violate the law in order to prevent a greater harm, and you shouldn’t be punished for making the right choice.”

A year ago, an Oregon Federal Judge ruled in Juliana v. US that “there is a fundamental right to a climate system capable of sustaining human life’.”

“If the government has a duty to protect the atmosphere and other resources effected by climate change, and if there is a clear gap between this duty and the government’s conduct in aiding and abetting the fossil fuel industry, then major changes in energy funding and extraction permits are required.”  ~Hamilton-Quigley article (linked above)

And as more of us stand up, the Powers-that-Be are going to have to start listening.

Dan and I will be there December 11th in the Bagley, Minnesota courtroom to support Annette and Emily.  I feel like we will be a part of history… and standing on the right side of it too.