Posts tagged protection
Why Should Taxpayers Pay for Toxic Cleanups?
Mar 2nd
WE SHOULDN’T! Let the profiteers who cause the problems pay.
JACQUELINE MARCUS
FOR BUZZFLASH AT TRUTHOUT
CopperPollution
(Photo: Cls 14)
If an oil or coal firm releases toxic chemicals that poisons every living thing it touches (Freedom Industries) and sends thousands of residents to the hospital from lethal exposure, (read Truthout’s Editor William Rivers Pitt’s recent pieces Diary of a Dying Country and The Poisoner’s Reckoning), U.S. government officials not only will pat the oil-coal thugs on the back, they’ll hand over a check worth millions of tax dollars for cleanup fees. And if that isn’t insulting enough for you, the insurance companies will also allegedly pay the dirty energy oligarchs again for the same amount.
No criminal charges, no one goes to jail, and to add insult to injury, they’re actually paid twice for contaminating our drinking water, for putting thousands of Americans in the hospital from toxic poisoning, and for turning communities into real estate nightmares.
The insurance settlements represent a drop in the bucket to oil companies that receive close to a trillion dollars a year combined in profits, but those extra millions that the oil firms pocket can make a significant difference for cash-strapped states. It’s like stealing a tiny piece of candy from a baby when your store is spilling over with tons of sweets.
Why are we, the taxpayers, paying for the oil oligarchs’ hazardous toxic messes in the first place?
By and large, the fossil fuel industry owns the U.S. government. You will never see oil-coal executives arrested for the environmental crimes they’ve committed even when Americans have died from their toxic explosions and disasters. That’s why when President Obama boasts about how he increased drilling, fracking, and the construction of oil pipelines beyond George W. Bush’s wildest dreams, which means more disasters are bound to happen, it makes you question Obama’s motives, especially when we’re heading full speed ahead to mass extinction from carbon emissions produced from oil and coal.
Federal regulations for sale: Why disasters keep happening
When Republicans rage about federal environmental protection regulations, think about how we’re rapidly heading towards mass extinction. Instead of increasing regulations, Republicans want to gut the Endangered Species Act, and they’re determined to blow up the Environmental Protection Agency so that big polluters can continue to rapidly push us beyond our ability to survive.
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As they’re shredding the last of the public safety regulations, think of the perpetual oil, fracking and coal disasters, and you’ll get the picture of what “deregulation” looks like. Americans pay the consequences for a government that’s been paid to look the other way.
Federal oversight of eroding equipment is not taken seriously. The feds rarely inspect the fossil fuel industry’s equipment whether it be fuel storage tanks, drilling rigs, pipelines, and most importantly, aging equipment at refineries.
For all the brouhaha the President and elected officials make about protecting the public, the fact that oil-chemical disasters continue to happen demonstrate that they could care less about protecting the general public’s welfare. The oil industry is notorious for putting workers at risk. Should petroleum engineers, manual laborers, or if an honest federal inspector complains, they’re threatened and told by the industry’s supervisors that they’ll lose their jobs.
A friend that formerly worked for a major oil company spoke about the federal inspection process, and if what he says is generally true, it explains why these disasters continue to happen: “The federal inspectors are easily bribed, boxes are checked off based on the word of the oil management team, and then permits are stamped for approval.” In short, U.S. federal inspections of antiquated equipment for the protection of workers, the public, and the environment are a joke.
You would think that the petroleum executives would want to maintain and upgrade their equipment to prevent potential disasters. But thanks to our oil-soaked elected officials, oil execs don’t have to worry about the disasters they create from gross negligence. We, the taxpayers, pick up the tab—while the petro-thugs get paid twice for the cleanup and make off with the profits. Oh and speaking of taxes, Big Oil hardly pays any U.S. taxes, if at all.
These recurring disasters are far from being “leaks” and “spills”: those are Big Oil euphemisms that are used by the media and politicians in the attempt to deceive the public. Think of BP’s Gulf catastrophe. There is no clear evidence of a recovery. On the contrary, it’s been over three years after the explosion and enormous dead zones are spreading throughout the Gulf. As Truthout reporter Dahr Jamail noted, thousands of Gulf residents have been suffering from the toxic exposure. Nevertheless, President Obama still refers to BP’s worst oil disaster in history as a “leak”.
Who’s to blame?
Every other week you read about another oil catastrophe: trains exploding from the fuel they’re transporting, toxic water contamination, offshore rig explosions, pipeline ruptures and refinery explosions, on and on it goes, there’s no end to it—many of which could have been prevented if federal inspectors were doing their jobs and if the oil firms were diligent about maintaining safety equipment.
These disasters are systemic cases of gross negligence that threaten the public’s health. While our elected officials are being wined and dined by Big Oil criminals, they see the American people as merely “collateral damage” when disasters happen, and then proceed with business as usual.
Who’s to blame? The oily legislators have passed laws with the fossil fuel lobbyists that benefit the oil industry at the expense of our environment: our drinking water, our oceans, our forests, our farms and ranches—all sacrificed in exchange for campaign funding and happy-go-lucky party money. I’ve asked this before and I’ll ask it again: Can we eat and drink oil?
Executive decisions lead to ongoing disasters
If President Obama is sincere about preventing another BP Gulf disaster, as he often claims, then why did he give Shell approval to drill in Alaska’s dangerously turbulent Chukchi Sea—home to more than half the nation’s polar bears? Moreover: Shell is working with Transocean: BP’s collaborator that contributed to the unprecedented 2010 Gulf of Mexico catastrophe due to Transocean’s faulty equipment which was never properly inspected by the federal government.
President Obama is fully aware of Shell’s critical malfunctions of transporting their rig at sea, which was shoved to the shore like a bobbing toy from Alaska’s turbulent winds. To allow Shell to proceed is unconscionable when this near disaster signaled an alarming siren of warning to the White House. There’s a perfect example of why disasters keep happening.
New Laws: the American public v the U.S. federal government
Our legislators are perpetually occupied at passing new laws that benefit the fossil fuel industry at our expense.
Well maybe it’s time for us to pass a few laws against our legislators:
New Laws: The fossil fuel industry from now on must pay for cleaning up their deadly toxic disasters that they create, not the taxpayers and not the insurance companies. If the federal government fails to inspect faulty and aging equipment, then the President, and members of the legislature that receive dirty energy money, must pay for the cleanup expenses when disasters occur as a result, and they must establish a multibillion dollar fund for families and animals that are harmed, injured, killed or poisoned from the toxic chemical disasters from their dirty energy campaign money. If they (fossil fuel firms and legislators) do not pay for the cleanup expenses, and for all those who have been affected and harmed immediately after it happens, they will be held to a mandatory prison sentence of ten years in federal prison without bail or parole.
If this were to happen, oil and chemical disasters would be reduced to rare exceptions if at all.
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Footnotes:
1. Freedom Industries, a coal-industry surrogate in West Virginia, dumped poison into the water supply known as the Elk River, waited 24 hours to tell anyone about it, waited even longer to mention that they had also dumped a second poison into the water supply, and then declared bankruptcy so as to make themselves judgment-proof in civil court against the hundreds of thousands of people who couldn’t eat or work or bathe or cook for weeks…and this was all before the stuff they dumped into the river evaporated into formaldehyde, which it does, so everyone who couldn’t eat or bathe or cook for weeks was suddenly eating and cooking and bathing in a whole different poison, this one being a known carcinogen…but they’re bankrupt now, so screw you and your tumors. (William Rivers Pitt: “The Poisoner’s Reckoning”)
2.
Climate Protection: The New Insurgency
Dec 31st
Faced with the failure of conventional lobbying, the climate protection movement is now turning to mass civil disobedience—but we can take it further still.
By Jeremy Brecher, December 10, 2013.
This article is a joint publication of Foreign Policy In Focus and TruthOut. For a longer presentation, see the Foreign Policy In Focus report, “A Nonviolent Insurgency for Climate Protection?“
When 30 climate protestors from 18 countries protested drilling at an Arctic oil platform operated by Gazprom, they represented the people of the world taking a symbolic stand against climate destruction, the corporate climate destroyers, and the governments that back them. But the action of the Arctic 30 may be prophetic of something more: The emergence of a global insurgency that challenges the very legitimacy of those who are destroying our planet.
The 2013 Fifth Report of the Intergovernmental Panel on Climate Change confirmed that humans are destroying the earth’s climate. But it also revealed something even more alarming: Twenty-five years of human effort to protect the climate have failed even to slow the forces that are destroying it. On the contrary, the rate of increase in carbon emissions from burning fossil fuels tripled between the release of the first IPCC report in 1988 and today.
Scientists and climate protection advocates once expected that rational leaders and institutions would respond appropriately to the common threat of climate change. As Bill McKibben said of Jim Hansen and himself, “I think he thought, as did I, if we get this set of facts out in front of everybody, they’re so powerful — overwhelming — that people will do what needs to be done.”
It didn’t work. Those who are fighting to save the climate need a new strategy. One such strategy to consider is a global nonviolent law-enforcing insurgency.
A nonviolent insurgency
Insurgencies are social movements, but movements of a special type: They reject current rulers’ claims to legitimate authority. Insurgencies often develop from movements that initially make no direct challenge to established authority but eventually conclude that one is necessary to realize their objectives. To effectively protect the earth’s climate and our species’ future, the climate protection movement may have to become such an insurgency.
The term “insurgency” is generally associated with an armed rebellion against an established government. Its aim may be to overthrow the existing government, but it may also aim to change it or simply to protect people against it. Whatever its means and ends, the hallmark of such an insurgency is to deny the legitimacy of established state authority and to assert the legitimacy of its own actions.
A nonviolent insurgency pursues similar objectives by different means. Like an armed insurgency, it does not accept the limits on its action imposed by the powers-that-be. But unlike an armed insurgency, it eschews violence and instead expresses power by mobilizing people for various forms of nonviolent mass action.
After closely following the massive strikes, general strikes, street battles, peasant revolts, and military mutinies of the Russian Revolution of 1905 that forced the czar to grant a constitution, Mohandas (not yet dubbed “Mahatma”) Gandhi concluded, “Even the most powerful cannot rule without the cooperation of the ruled.” Shortly thereafter he launched his first civil disobedience campaign, proclaiming “We too can resort to the Russian remedy against tyranny.”
The powers responsible for climate change could not rule for a day without the acquiescence of those whose lives and future they are destroying. They are only able to continue their destructive course because others enable or acquiesce in it. It is the ordinary activity of people — going to work, paying taxes, buying products, obeying government officials, staying off private property — that continually re-creates the power of the powerful. A nonviolent climate insurgency can be powerful if it withdraws that cooperation from the powers-that-be.
Why a law-enforcing insurgency?
Faced with the failure of conventional lobbying and political “pressure group” activity, much of the climate protection movement is now turning to mass civil disobedience, as witnessed by the campaigns against the Keystone XL pipeline, mountaintop removal coal mining, coal-fired power plants, and Arctic oil drilling. Such civil disobedience, while generally recognizing the legitimacy of the law, refuses to obey it in specific instances.
Civil disobedience represents moral protest, but it does not in itself challenge the legal validity of the government or other institutions against which it is directed. Rather, it claims that the obligation to oppose their immoral actions — whether discriminating against a class of people or conducting an immoral war or destroying the climate — is more binding on individuals than the normal duty to obey the law.
A law-enforcing insurgency goes a step further. It declares a set of laws and policies themselves illegal and sets out to establish law through nonviolent self-help. Such insurgents view those who they are disobeying as merely persons claiming to represent legitimate authority — but who are themselves violating the law under what’s known as “color of law,” or the false pretense of authority. So “civil disobedience” is actually obedience to law and a form of law enforcement.
Social movements that engage in civil disobedience often draw strength from the claim that their actions are not only moral, but that they represent an effort to enforce fundamental legal and constitutional principles flouted by the authorities they are disobeying. And they strengthen a movement’s appeal to the public by presenting its action not as wanton law breaking but as an effort to rectify governments and institutions that are themselves in violation of the law.
For the civil rights movement, the constitution’s guarantee of equal rights meant that sit-inners and freedom riders were not criminals but rather upholders of constitutional law. For the struggle against apartheid, racism was a violation of internationally guaranteed human rights. For war resisters from Vietnam to Iraq, the national and international laws forbidding war crimes defined civil disobedience not as interference with legal, democratic governments but rather as a legal obligation of citizens. For the activists of Solidarity, the nonviolent revolution that overthrew Communism in Poland was not criminal sedition but an effort to implement the international human and labor rights law ratified by their own government.
These examples seem paradoxical. On the one hand, the movement participants appear to be resisting the constituted law and the officials charged with implementing it. On the other, they are claiming to act on the basis of law — in fact to be implementing the law themselves against the opposition of lawless states.
Law professor and historian James Gray Pope has developed a concept of “constitutional insurgency” to understand such cases. A constitutional insurgency, or what might be called a “law-enforcing insurgency,” is a social movement that rejects current constitutional doctrine but that “rather than repudiating the Constitution altogether, draws on it for inspiration and justification.” Pope detailed how the American labor movement long insisted that the right to strike was protected by the 13th amendment to the constitution, which forbade any form of “involuntary servitude.” Injunctions to limit strikes were therefore unconstitutional. Although courts disregarded this claim, the radical Industrial Workers of the World told its members to “disobey and treat with contempt all judicial injunctions,” and the “normally staid” American Federation of Labor maintained that a worker confronted with an unconstitutional injunction had an imperative duty to “refuse obedience and to take whatever consequences may ensue.”
Why climate destruction is illegal
The Justinian Code, issued by the Roman Emperor in 535 A.D., defined the concept of res communes (common things): “By the law of nature these things are common to mankind — the air, running water, the sea and consequently the shores of the sea.” The right of fishing in the sea from the shore “belongs to all men.”
Based on the Justinian Code’s protection of res communes, governments around the world have long served as trustees for rights held in common by the people. In U.S. law this role is defined by the public trust doctrine, under which the government serves as public trustee on behalf of present and future generations. Even if the state holds title, the public is the “beneficial owner.” As trustee, the state has a “fiduciary duty” to the owner — a legal duty to act solely in the owners’ interest with “the highest duty of care.” The principle is recognized today in both common law and civil law systems in countries ranging from South Africa to the Philippines and from the United States to India.
On Mother’s Day, 2011, the youth organization Kids vs. Global Warming organized the “iMatter March” of young people in 160 communities in 45 countries, including the United States, Russia, Brazil, New Zealand, and Great Britain. Concurrently, the Atmospheric Trust Litigation Project brought suits and petitions on behalf of young people in all 50 U.S. states to require the federal and state governments to fulfill their obligation to protect the atmosphere as a common property. Speaking to one of the rallies, 16-year-old Alec Loorz, founder of Kids v. Global Warming and lead plaintiff in the Federal lawsuit, said:
Today, I and other fellow young people are suing the government, for handing over our future to unjust fossil fuel industries, and ignoring the right of our children to inherit the planet that has sustained all of civilization. The government has a legal responsibility to protect the future for our children. So we are demanding that they recognize the atmosphere as a commons that needs to be preserved, and commit to a plan to reduce emissions to a safe level.
Loorz concluded: “The plaintiffs and petitioners on all the cases are young people. We are standing up for our future.”
A trustee has “an active duty of vigilance to ‘prevent decay or waste’ to the asset,” according to University of Oregon law professor Mary Christina Wood, whose new book Nature’s Trust: Environmental Law for a New Age lays out the legal basis for the suits. “Waste” means “permanently damage.” If the asset is wasted in the interest of one generation of beneficiaries over future generations, it is in effect an act of “generational theft.”
Although so far the courts have turned down most of these atmospheric public trust suits, the decisions are being appealed. On October 3, 2013, the Supreme Court of Alaska became the first state supreme court to hear such an appeal.
A global climate insurgency
Compelling as the logic of the atmospheric public trust argument may be, it is easy to imagine that many U.S. courts will refuse to force governments to meet such obligations. In a brief to dismiss the Kansas suit, lawyers called the claim “a child’s wish for a better world,” which is not something a court can do much about.
The sad fact is that virtually all the governments on earth — and their legal systems — are deeply corrupted by the very forces that gain from destroying the global commons. They exercise illegitimate power without regard to their obligations to those they claim to represent, let alone to the common rights beneficiaries of other lands and future generations to whom they also owe “the highest duty of care.”
But protecting the atmosphere is not just a matter for governments. Indeed, it is the failure of governments to protect the public trust that is currently prompting the climate-protection movement to turn to mass civil disobedience. Looked at from the perspective of the public trust doctrine, these actions are far from lawless. Indeed, they embody the effort of people around the world to assert their right and responsibility to protect the public trust. They represent people stepping in to provide law enforcement where corrupt and illegitimate governments have failed to meet their responsibility to do so.
When the climate protection movement uses nonviolent direct action to protect the public trust, it is often confronted by government officials acting under color of law to perpetuate climate destruction. The Arctic 30 were held at gunpoint, for example, and charged with piracy. Russian Prime Minister Dmitry Medvedev said, “Concern for the environment must not cover up unlawful actions.” A law-enforcing climate insurgency will answer: Concern for oil company profits must not cover up unlawful government complicity in destroying the atmospheric public trust.
Jeremy Brecher is co-founder and core team member of the Labor Network for Sustainability. He is the author of more than a dozen books on labor and social movements and has received five regional Emmy awards for his documentary film work. An updated edition of his labor history Strike! (PM Press 2014) will include a new chapter on the working class mini-revolts of the 21st century.
Endangered species condom giveaway
Dec 18th
More Than 500,000 Condoms Given Away Since 2009 to Raise Awareness on
Population Growth, Wildlife Extinction
TUCSON, Ariz.— The Center for Biological Diversity is handing out 25,000 free Endangered Species Condoms in all 50 states this holiday season to raise awareness of the devastating effects of runaway human population growth and overconsumption on endangered plants and animals. More than a half-million Endangered Species Condoms have been given away since 2009.
The condoms — wrapped in colorful packages featuring six different endangered species — are being distributed by hundreds of volunteers around the country at events and venues like holiday parties, churches, doctors’ and dentists’ offices, health clinics, skate parks and yoga studios.
“The Earth’s population now tops 7 billion people, and that has a huge impact on wildlife, climate and the resources we all need to survive,” said Taralynn Reynolds, population and sustainability organizer at the Center. “These are big issues that need to be talked about, and the Endangered Species Condoms give people a fun, unique way to start the conversation.”
More than 200,000 people are added to the planet every day and, according to the United Nations, global human population could reach nearly 10 billion by 2050. As the human population grows, wildlife pays the price as wildlife habitat is developed, air and water are polluted and the climate crisis deepens.
The Endangered Species Condoms packages feature a sampling of wildlife threatened by population and accompanying slogans like “Wrap with care…save the polar bear,” “In the sack? Save the Leatherback” and “Be a savvy lover…protect the snowy plover.”
Government agencies are increasingly including the pressure from an expanding human population on the natural world in studies and reports. For instance, an Interior Department report released this past week on Southern California’s Santa Ana River Watershed cited “climate change and growing populations” as challenges to the future health of the region’s water supply.
“Half a million condoms and a lot of conversations later, people are finally starting to acknowledge that population growth is a real issue,” Reynolds said. “The good news is that solutions are available. Universal access to birth control and family planning, and education and the empowerment of women and girls leads to healthier babies, healthier moms and a healthier planet.”
In 2013 the Center expanded its population program to encompass overconsumption and sustainability, since these issues are intricately tied to the impact of human population size on endangered species. The Center is the only environmental organization with a full-time campaign dedicated to addressing rampant human population growth and overconsumption, and their link to the current extinction crisis.
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 625,000 members and online activists dedicated to the protection of endangered species and wild places.