Kinder Morgan Pipeline Threatens Ecology and Economy of Salish Tribes

Tribes on both sides of the border intervene in proceeding to address tanker traffic and oil spill risks

A boy pulls salmon from a net.Photo Courtesy of Tulalip Tribes
A boy pulls salmon from a net.
Photo Courtesy of Tulalip Tribes

Press Release, Office of Public Affairs, Tulalip Tribes, Earth Justice

 

Seattle, WA; Vancouver, BC — Opposition to Kinder Morgan’s TransMountain proposed pipeline project ramped up today as Coast Salish peoples on both sides of the U.S.-Canadian border vowed to oppose the project as intervenors before Canada’s National Energy Board (NEB). Coast Salish intervenors include the Swinomish Indian Tribal Community, Tulalip Tribes, Lummi Nation, and Suquamish Tribe in Washington state, and the Musqueam, Squamish and Tsleil-Waututh Nations in British Columbia. The deadline for application to participate in the NEB process was last night at midnight.

“Over the last 100 years, our most sacred site, the Salish Sea, has been deeply impacted by our pollution-based economy,” said Swinomish Chairman Brian Cladoosby. “Every kind of pollution ends up in the Salish Sea. We have decided no more and we are stepping forward. It is up to this generation and future generations to restore and protect the precious waters of the Salish Sea.”

“Our people are bound together by our deep connection to Burrard Inlet and the Salish Sea. We are the ‘People of the Inlet’ and we are united in our resolve to protect our land, water and air from this risky project,” said Chief Maureen Thomas of the Tsleil-Waututh Nation. “We will use all lawful means to oppose it. This is why we have applied to intervene in the NEB hearing process.”

In December, Kinder Morgan filed an application with the NEB to build a new pipeline to bring tar sands oil from Alberta to Vancouver, B.C. The NEB is the Canadian federal agency that regulates interprovincial energy infrastructure. It is responsible for reviewing, recommending and regulating major energy projects, such as the Kinder Morgan Trans Mountain pipeline.

If approved, the proposal would see the transport of tar sands oil expanded from its present level of approximately 300,000 barrels per day to 890,000 barrels per day. With an almost seven-fold increase in oil tankers moving through the shared waters of the Salish Sea, an increase in groundings, accidents, incidents, leaks and oil spills is inevitable.

Experts have acknowledged that a serious oil spill would devastate an already-stressed marine environment and likely lead to collapses in the remaining salmon stocks and further contamination of shellfish beds, wiping out Indigenous fishing rights.

“The fishing grounds of the Salish Sea are the lifeblood of our peoples. We cannot sit idly by while these waters are threatened by reckless increases in oil tanker traffic and increased risk of catastrophic oil spill,” said Mel Sheldon, Chairman of the Tulalip Tribes.

The proposed tar sands pipeline expansion is one of several projects that would dramatically increase the passage of tankers, bulk carriers, and other vessels through Salish Sea shipping routes and adjacent waters on both sides of the U.S.-Canada border. In addition to oil, regulators in both countries are reviewing controversial proposals to export huge quantities of U.S. coal. Taken together, these projects would greatly increase the risk of oil spills and other accidents that threaten the Coast Salish economies and cultures.

“Today we are taking a stand to honour our ancient connection to the Salish Sea. The threat of oil spills and industrial pollution continue to threaten our way of life.” said Chief Ian Campbell of the Squamish Nation. “We stand in unity with all who care about the health of the Salish Sea and defend it for future generations.”

Chairman Timothy Ballew III of the Lummi Nation stated, “I am a fisherman, a father and a member of the great Lummi Nation. As the northernmost Washington Treaty Tribe of the Boldt Decision, we are the stewards the Salish Sea and will not allow the Kinder Morgan proposal along our waterways that will threaten our harvesting areas and further the detrimental impacts to the environment and natural resources.”

Read an FAQ on the Kinder Morgan TransMountain pipeline expansion.

Keystone XL ‘black snake’ pipeline to face ‘epic’ opposition from Native American alliance

The proposed Keystone XL pipeline. Image: U.S. State Department
The proposed Keystone XL pipeline. Image: U.S. State Department

By Jorge Barrera, January 31, 2014. Source: APTN National News

A Native American alliance is forming to block construction of TransCanada’s proposed Keystone XL pipeline which still needs final approval from U.S. President Barack Obama after the State Department released an environmental report indicating the project wouldn’t have a significant impact Alberta tar sands production.

Members from the seven tribes of the Lakota Nation, along with tribal members and tribes in Idaho, Oklahoma, Montana, Nebraska and Oregon, have been preparing to stop construction of the 1,400 kilometre pipeline which is slated to run, on the U.S. side, from Morgan, Mon., to Steel City, Neb., and pump 830,000 barrels per day from Alberta’s tar sands. The pipeline would originate in Hardisty, Alta.

“It poses a threat to our sacred water and the product is coming from the tar sands and our tribes oppose the tar sands mining,” said Deborah White Plume, of the Oglala Sioux Tribe, which is part of the Lakota Nation in South Dakota. “All of our tribes have taken action to oppose the Keystone XL pipeline.”

The U.S. State Department released its long awaited environmental report on TransCanada’s proposed pipeline Friday. The report found that the pipeline’s operation would not have a major impact on Alberta tar sands production which is also at the mercy of market forces.

“Approval or denial of any one crude oil transport project, including the proposed project, is unlikely to significantly impact the rate of extraction in the oil sands or the continued demand for heavy crude oil at refineries in the United States based on expected oil prices, oil sand supply costs, transport costs and supply-demand scenarios,” said the report.

The project will now go into a final phase which focuses on whether Keystone XL “serves the national interest.” Pipeline’s environmental, cultural and economic impacts will be weighed in this phase and at least eight agencies will have input on the outcome, including the Department Defence, Justice, Interior, Commerce, Transportation, Energy, Homeland Security and the Environmental Protection Agency.

A 30-day public comment period will also be initiated on Feb. 5.

The State Department is also in the midst of probing conflict-of-interest allegations levelled against contractors who both worked on the report and for TransCanada.

The Lakota Nation is preparing for the eventuality the pipeline receives approval. The nation has led the formation of a project called “Shielding the People” to stop the pipeline. The Lakota also launched a “moccasins on the ground” program to train people in Indigenous communities to oppose the pipeline.

There are also plans to set up spiritual camps along the pipeline’s route. But when and where those camps will spring up remains a closely guarded secret.

“It will band all Lakota to live together and you can’t cross a living area if it’s occupied,” said Greg Grey Cloud, of the Rosebud Sioux Tribe. “If it does get approved we aim to stop it.”

Gary Dorr, from the Nez Perce Tribe in Idaho, was in Rosebud Friday for a meeting to discuss opposition to Keystone.

The Nez Perce tribe has already used its treaty rights to block the transport of so-called megaloads of mining equipment headed to Alberta’s tar sands through its territory. The tribe launched blockades and won a court battle to stop the shipments from traversing its lands.

“It will be obvious, it will be concrete, and I think once it starts and they start building you will start to see the momentum and the force of the tribal people…it is an epic project, it will have an epic response from the tribal people,” said Dorr. “The tar sands is already affecting the people (for Fort Chipewyan in Alberta), climate change is already obvious. To facilitate that is not something the Native people of the U.S. are going to do. We are not going to sit idly by and let it happen.”

The pipeline has been called the ‘black snake’ in reference to prophecies that had previously been linked to construction of highways and railways. In recent ceremonies, however, discussions sifting through the prophecies noted that the black snake goes under ground.

“That would be a referral to the pipeline,” said Dorr.

Paula Antoine, who works for the Rosebud Tribe’s land office, said while the pipeline does not cross any Lakota reservation lands, it comes close, sometimes metres away. Antoine said the pipeline, however, cuts through their treaty territory, sacred sites and waterways.

“They aren’t recognizing our treaties, they are violating our treaty rights and our boundaries by going through there,” said Antoine. “Any ground disturbance around that proposed line will affect us.”

The battle lines have already been drawn in tribal council chambers. The Oglala Sioux Tribe passed a resolution Friday banning TransCanada and former AFN national chief Phil Fontaine, who has been hired by the energy firm to deal with First Nations opposition to its Energy East project in Canada, from entering its territory.

The resolution received unanimous consent,said White Plume.

The Lakota, Dakota and Nakota make up the Lakota Nation. The nation includes the tribes of Rosebud, Oglala and the Cheyenne Indian reservation, the Yankton Sioux Tribe, Standing Rock, Flandreau Sioux Tribe and the Crow Creek Sioux Tribe.

Victory! First Nations request for federal delay on approval for Shell’s tar sands Project granted

(S)hell
(S)hell

By Global Justice Ecology Project, November 13, 2013; Source: Climate Connection

November 6, 2013, Fort McMurray, AB – Earlier this week  the Canadian Environmental Assessment Agency (CEAA) announced that a federal decision on Shell Oil’s Jackpine Mine Expansion, a 100,000 barrel per day open pit tar sands mine expansion, would be delayed an additional 35 days.  At the heart of this decision is the Athabasca Chipewyan First Nation who has been speaking out against the project since day one citing a variety of concerns relating to treaty and aboriginal rights as well as  direct and cumulative environmental impacts.

In July 2013 the Joint Review Panel appointed to review the Jackpine Mine Expansion project granted a conditional approval laying out 88 non-binding recommendations.  However, the Panel also made some remarkable findings including the following:

… the Project would likely have significant adverse environmental effects on wetlands, traditional plant potential areas, wetland-reliant species at risk, migratory birds that are wetland-reliant or species at risk, and biodiversity… in combination with other existing, approved, and planned projects, would likely have significant adverse cumulative environmental effects on wetlands; traditional plant potential area; old-growth forest; wetland-reliant species at risk and migratory birds; old-growth forest reliant species at risk and migratory birds; caribou; biodiversity; and Aboriginal traditional land use (TLU), rights, and culture.[i]

Many of the findings of the panel give way to serious concerns of breach of federal legislation including Treaty and Aboriginal Rights, and the protection of species at risk. Many groups, including the First Nation, were surprised the Panel justified the Project on the grounds that it would be in an area ‘in which the government of Alberta has identified bitumen extraction as a priority use’.[ii]

“We’re glad an extension was provided.  It is clear that there is a lot of work to do before this project can meet the federal requirements for approval.  However, we are disappointed the Minister only granted 35 day and not the full 90 days allowed. The amount of work that needs to be done to mitigate and accommodate impacts to our Nation seems almost impossible in only 35 calendar days. But we will make best efforts and hope that Canada does the same.””  said Chief Allan Adam of the Athabasca Chipewyan First Nation.

The ACFN raised concerns about the Project early on citing adverse impacts on Treaty and Aboriginal rights and title and difficulties with consultation and accommodation with the oil giant Shell.[iii]  The hearings for the Project became one of the longest hearings seen for a tar sands project and included over 60,000 letters of support for ACFN position against the project. .

“The ACFN is taking a big risk challenging the status quo of project approvals and development in the region,” stated Crystal Lameman, Climate and Energy Campaigner of Sierra Club Prairie Chapter.  “We support their arguments that are strongly rooted in the governments’ failure to protect species at risk and the biodiversity of the region and the Treaty and Aboriginal rights of the Nation,”

Many of the ACFN’s concerns were echoed and supported in the Panel Report itself, and most recently by the report of the Commissioner on Environmental and Sustainable development which, criticized Canada’s failure to meets legislative requirements under the Species at Risk Act stating “’the findings are cause for concern.’ The report also noted that a new collaborative approach rooted in using sound management practices, transparency and strong engagement is necessary to achieve the results necessary to fulfill federal commitments and responsibilities.[iv]

ACFN’s requests that Canada take concrete, immediate steps to address impacts, rather than commit to future action, are supported by the Commissioner’s observation of  “the wide and persistent gap between what the government commits to do and what it is achieving”.

Since the Panel Report  we have repeatedly requested meetings with the Federal Ministers to address the extensive list of outstanding issues we have with Shell Oil’s application to develop this recognizably devastating project in our traditional land use areas. The Nation states their request for meetings with high level ministers have been denied and they have only had opportunities to reiterate their concerns and position to technicians with little or no authority to make the necessary decisions to move their concerns forward.

“We need real action and a game plan created in partnership that addresses our concerns,” asserts Adam .  “At present we don’t feel that our issues are being taken seriously and the consequences for this governments inaction will be the annihilation of critical habitat for species at risk and other traditional resources, and the degradation of the Muskeg River and the Athabasca Delta, in our traditional homelands.”

The ACFN maintain their position that they are challenging these projects in the public interest and for the interest of all Canadians.

“The Muskeg and Athabasca Rivers drain into the Athabasca Delta, which remains one of the last remaining fresh water delta’s in the world and vital carbon sink that helps maintain atmospheric stability for the entire planet.  As Denesuline people we are the stewards of this region and we will do what is necessary to ensure that it remains here for all future generations,” concluded Chief Adam.

Protest, banner drop at National Energy Board hearings expose explicit ban on tar sands discussion in pipeline hearing

Banner drop in front the of Metro Convention Centre, where the NEB hearings are taking place this week in Toronto. Photo: Michael Toledano
Banner drop in front the of Metro Convention Centre, where the NEB hearings are taking place this week in Toronto. Photo: Michael Toledano

Lyn Adamson, Toronto Media Co-op

NEB Hearings start in Toronto today, here’s what they won’t be hearing.

A banner drop and a series of gaged protestors demonstrated what is being left out of the National Energy Board (NEB) hearings that are taking place this week in Toronto. The subject of the hearings is Enbridge’s Line 9 reversal and expansion proposal, which would allow the company to ship tar sands bitumen from Sarnia to Montreal. Groups today protested the fact that the hearings have explicitly banned discussion of upstream and downstream impacts of the pipeline reversal and expansion, which would allow the tar sands to expand production and refining.

“Stop Line 9: tar sands = industrial genocide” read a large banner that hung from the Metro Convention Centre’s steps. “We want to remind people that Line 9 is one battle of a larger fight against the most destructive project on the planet, which has already transformed an area the size of Florida into what’s termed a ‘sacrifice zone’,” said Vanessa Gray, an Anishnaabe kwe organizer with Aamjiwnaang and Sarnia Against Pipelines. “The tar sands have been termed a ‘slow industrial genocide’ by the native people living downstream, but this term also applies to people living near the refining of this toxic substance. My people are dying from this industry.”

Aamjiwnaang First Nation has 63 chemical refineries within 50 km of the community. Community-monitoring has reported that 40 per cent of the population required inhalers to breath and 39 per cent of women had experienced miscarriages.

Other groups participating in the action highlighted the increased contribution to climate change that Enbridge’s proposal would entail.

“Approving the transport of diluted bitumen means expanding tar sands production which will be a disaster for the planet, said Lyn Adamson Co Chair Canadian Voice of Women for Peace. “These hearings do not replace the need for an environmental assessment. A National Energy Board should be considering alternatives, such as renewable energy and conservation.”

In addition to restricting who could speak at the hearings, the Omnibus Bill C-38 restricted what those individuals could say in the National Energy Board hearing, restricting discussion on tar sands production or refining.

There will be a large rally against Line 9 at the NEB hearings this Saturday, Oct 19 outside the National Energy Board hearings.

Idle No More ‘Shame on Canada’ protest in San Francisco

Photo: Karen Pickett
Photo: Karen Pickett

By Karen Pickett, Bay Area Coalition for Headwaters

On Monday morning, Sept. 9, organizers from Idle No More Bay Area and supporters converged on the Canadian Consulate in San Francisco, Calif. to say “Shame on Canada.” They called for a stop to the disastrous effects on First Nations people and others in the sacrifice zone in Alberta, Canada due to tar sands mining and steam drilling, citing loss of livelihood, toxic contamination, cancers, and damaged and sick children. People called for a rapid wind down of tar sands mining, a halt to Keystone XL pipeline, sequestration of the wastewater, restoration of the devastated region, and reparations. Pull in the tentacles of the oil companies from around humanity’s neck!

During the several hours that people demonstrated, sang, prayed and drummed at the Consulate, a proclamation and list of demands was signed by everyone present and delivered to Consulate officials by Penny Opal Plant, one of the organizers of the demonstration.

Other co-sponsors of the on-going protests against Tar Sands development and the Keystone pipeline include Rising Tide, Do the Math and 350.org.

Beyond Keystone XL: Three Controversial Pipelines You Probably Haven’t Heard Of

By Kiley Kroh, Climate Progress

While the national debate remains largely focused on President Obama’s impending decision regarding the controversial Keystone XL pipeline, communities across the U.S. and Canada are grappling with the oil and gas industry’s rapidly expanding pipeline network — cutting through their backyards, threatening water supplies, and leaving them vulnerable to devastating spills.

As production booms in Alberta’s tar sands and fracking opens up vast oil and natural gas deposits around America, companies are increasingly desperate for new pipelines to get their product to market. “We’ve so narrowly focused on Keystone that a lot of these other projects aren’t getting the scrutiny they probably need,” said Carl Weimer, executive director of the Pipeline Safety Trust. He explains that as production skyrockets and companies look to cash in, no one is really in charge of it all. “We’re leaving it up to these individual companies to come up with their own solutions to figure out how to move energy and we don’t have any national policy guiding those decisions.”

According to a recent analysis of federal Pipeline and Hazardous Materials Safety Administration data, since 1986 there have been nearly 8,000 incidents, resulting in more than 500 deaths, more than 2,300 injuries, and nearly $7 billion in damage.

Here are three of the most recent pipeline controversies emerging around the country:

1. Bluegrass Pipeline

Land owners and protesters gather on the steps of the Kentucky state capitol to protest the Bluegrass Pipeline.Land owners and protesters gather on the steps of the Kentucky state capitol to protest the Bluegrass Pipeline. CREDIT: AP Photo/Dylan Lovan 

Opposition is growing to the proposed 500-mile bluegrass pipeline, which would transport flammable natural gas liquids across Kentucky to an existing line that terminates in the Gulf. Landowners and environmentalists gathered at the state capital last week to protest the project, which they fear would threaten water supplies and safety. Residents were caught off guard by the project — landowner Stacie Meyer said she noticed survey markers going up near her property and had to search the internet and consult her neighbors to find out what they were for.

Locals are concerned the company, Williams Co., could use imminent domain to seize the land if opposition proves too strong. As the Courier-Journal reported, “Brad Slutskin, a Woodford County landowner who spoke at the rally, said the pipeline companies are threatening condemnation based on a loose interpretation of Kentucky law, and most property owners don’t have the money to mount a court challenge.” Residents opposed to the pipeline — including a group of nuns and monks who are refusing to give up their land for the project — delivered a petition with more than 5,200 signatures asking Gov. Beshear to include pipeline and eminent domain-related issues in the upcoming special legislative session, which he refused.

“Knowing a pipeline is coming through, is like waiving a red flag to the creatures of the Earth. God created Earth as our land to use not abuse,” Sister Joetta Venneman told local WAVE News.

As the gas fields north and east of Kentucky boom, the state will likely find itself in the crosshairs of many battles to come. In fact, while the fifth Kentucky county was passing a resolution opposing the Bluegrass Pipeline on Wednesday, the Courier-Journal reported that the project may already have some competition — a joint venture to convert an existing natural gas line called the Tennessee Gas Pipeline.

2. Energy East Pipeline

Milo Zeankowski-Giffin, left, and Max Griefen hold signs during a Montpelier, VT tar sands protest.Milo Zeankowski-Giffin, left, and Max Griefen hold signs during a Montpelier, VT tar sands pipeline protest. CREDIT: AP Photo/Toby Talbot 

Facing resistance in the U.S. over its Keystone XL proposal, TransCanada Corp. is moving forward with plans for another tar sands pipeline project that would carry almost as much crude as Keystone. The new pipeline, the most expensive in TransCanada’s history, would run from Alberta to the Atlantic seaboard, ending where a new deep-water marine terminal would be built to export the crude overseas. In early August, TransCanada said it received the long-term contracts for about 900,000 barrels of crude per day and Canadian Prime Minister Stephen Harper has already indicated his support for the project.

TransCanada’s proposal has been met with stiff opposition from Canadian environmentalists and native leaders — particularly in Quebec, where Premier Pauline Marois has halted natural gas exploration while last month’s deadly Lac-Megantic crude oil train explosion is still being cleaned up.

The $12 billion development plan calls for converting 1,864 miles of an existing, 55-year-old pipeline currently used for natural gas to carry the oil. Though the proposed route does not cross into the U.S., it does skirt the border with Maine. Perhaps most worrisome to residents of Maine, New Hampshire and Vermont, however, is that the increased shipping capacity from Alberta will impact another pipeline — the 70-year-old Portland Pipeline. Currently, the pipeline is used to ship crude into Canada but residents are concerned the flow will be reversed to bring Canadian tar sands into the U.S. As the Boston Globe explains, “this would provide Canada — whose Alberta-centered oil industry is suffering from too much supply and too little access to overseas markets — its first direct pipeline to a year-round, deep-water port.” Residents throughout New England are staunchly opposed to the region becoming a conduit for the dirtiest form of fossil fuel production, holding anti-pipeline demonstrations in Portland, while 29 Vermont communities passed resolutions banning tar sands oil from the state.

For now, residents of Maine, New Hampshire and Vermont are left with little option other than waiting to see how the Energy East pipeline development may impact the Portland Pipeline. In a statement released earlier this month, the company said, “It is uncertain to us what the entire impact of this proposed project might be on crude movements and crude supplies for the East Coast. We are continuing to evaluate this recent development.”

3. Eastern Gulf Crude Access Pipeline Project

Keystone pipeline in yellow, Eastern in blue and red. Graphic credit: Paul Horn, InsideClimate NewsKeystone pipeline in yellow, Eastern in blue and red. Graphic credit: Paul Horn, InsideClimate News 

Enbridge’s proposed 774-mile pipeline would run from Illinois to Louisiana and carry oil from North Dakota’s Bakken formation, as well as Canadian tar sands. The pipeline would be capable of transporting almost as much crude as Keystone XL and, as Inside Climate News reports, will likely sail through the regulatory process because much of the pipeline is already constructed as a natural gas line.

“Converting pipelines makes [approval] easier and riskier, too,” explains Weimer. “Keystone is brand new, state of the art pipeline with its own set of problems. Enbridge on the other hand, is converting other pipelines that have already been in the ground for years — putting in new types of crude or switching natural gas to liquid on pipelines that aren’t built to today’s standards. Those old pipes being re-purposed certainly presents a new risk.”

While the Keystone decision is momentarily stalled, Eastern Gulf is just one of many new pipelines being built to ship North American oil to the Gulf Coast for refining and export. According to Inside Climate, “Enbridge plans to build thousands of miles of pipelines over the next few years, including an expansion of its Alberta Clipper pipeline from Canada to Wisconsin. If approved, that line would ship up to 880,000 barrels of Canadian crude into the United States each day, compared to the Keystone’s capacity of 830,000 barrels per day.”

Last month, all five members of Minnesota’s Public Utilities Commission approved increasing the flow of the Alberta Clipper line while refusing concerned citizens the opportunity to testify publicly. The initial expansion still awaits approval from multiple government agencies but Enbridge already has its sights set on a second expansion, which wasn’t discussed at the meeting. The protesters, including several Native American representatives, fear their communities could soon face the same devastating impacts of tar sands development being felt in Alberta. Marty Cobenais of Bemidji, part of the Indigenous Environmental Network, told the Bemidji Pioneer that the pipeline is a major issue for his Red Lake community. “This is huge,” he said. “This is in our back yard.”

A worker cleans up oil in Mayflower, AR days after a pipeline ruptured and spewed oil over lawns and roadways.A worker cleans up oil in Mayflower, AR days after a pipeline ruptured and spewed oil over lawns and roadways. CREDIT: AP Photo/Jeannie Nuss 

These fights are just three of many being waged by citizens across the country. Alabama residents, for instance, have been protesting multiple pipeline projects — including the Plains All-American oil pipeline, which would run 41 miles to Mississippi and through a section of Mobile’s drinking water supply.

Though pipeline companies are seeking to capitalize on the Lac-Megantic tragedy to tout the safety of crude transport over rail, the devastating impacts of pipeline spills are impossible to overlook. Last week, the New York Times profiled two communities in Michigan and Arkansas that are forever changed by tar sands pipeline spills. Though it’s been three years since Enbridge’s pipeline rupture that spewed more than 840,000 gallons of tar sands crude into Michigan’s Kalamazoo River, the region is far from restored. And even despite EPA’s recent order for Exxon to dredge the river, an EPA spokeswoman estimated that 1620,000 gallons of oil will remain in the Kalamazoo.

And in March, an Exxon Mobil pipeline burst, spilling an estimated 210,000 gallons of crude into a Mayflower, Arkansas neighborhood. What’s left behind is bleak: “Four months later, the neighborhood of low-slung brick homes is largely deserted, a ghostly column of empty driveways and darkened windows, the silence broken only by the groan of heavy machinery pawing at the ground as remediation continues.” As Inside Climate News has continued to report, residents are now grappling with the long-term effects of the toxic spill, including the difficult process of relocating their families and the frightnening health complications that have begun to manifest.

In addition to re-purposing old pipelines, there are several aspects of the unchecked expansion of fossil fuel pipelines across the country that has Weimer concerned. First, pipeline regulation needs to be strengthened and clarified. He explains that right now, “regulations are written in such a way that to a vast degree, it’s left up to the pipeline companies to figure out how safe their pipelines are and what to do about it.” And it’s not just oversight — planning future pipeline routes is also dictated by the companies themselves. “The way we leave it up to each company means we could have multiple pipelines from different companies moving [their products] through the same place. Each company is just trying to capitalize and make money. State and local government really hasn’t thought about it much — is unprepared — and pipelines will go into place before there are policies to guide the construction. It can really affect the way local communities may develop and often happens before the community has any sense of what they can do about it.”

Undercover agents infiltrated tar sands resistance camp to break up planned protest

According to documents obtained by Earth Island Journal, investigators from the Bryan CountySherriff’s Department had been spying on a Great Plains Tar Sands Resistance training campthat took place from March 18 to March 22 and which brought together local landowners,Indigenous communities, and environmental groups opposed to the pipeline. Photo: Photos by Laura Borealis/Tar Sand Blockade
According to documents obtained by Earth Island Journal, investigators from the Bryan County
Sherriff’s Department had been spying on a Great Plains Tar Sands Resistance training camp
that took place from March 18 to March 22 and which brought together local landowners,
Indigenous communities, and environmental groups opposed to the pipeline. Photo: Photos by Laura Borealis/Tar Sand Blockade

By Adan Federman, Earth Island Journal

After a week of careful planning, environmentalists attending a tar sands resistance action camp in Oklahoma thought they had the element of surprise — but they would soon learn that their moves were being closely watched by law enforcement officials and TransCanada, the very company they were targeting.

On the morning of March 22 activists had planned to block the gates at the company’s strategic oil reserves in Cushing, Oklahoma as part of the larger protest movement against TransCanada’s tar sands pipeline. But when they showed up in the early morning hours and began unloading equipment from their vehicles they were confronted by police officers. Stefan Warner, an organizer with Great Plains Tar Sands Resistance, says some of the vehicles en route to the protest site were pulled over even before they had reached Cushing. He estimates that roughly 50 people would have participated— either risking arrest or providing support. The act of nonviolent civil disobedience, weeks in the planning, was called off.

“For a small sleepy Oklahoma town to be saturated with police officers on a pre-dawn weekday leaves only one reasonable conclusion,” says Ron Seifert, an organizer with an affiliated group called Tar Sands Blockade. “They were there on purpose, expecting something to happen.”

Seifert is exactly right. According to documents obtained by Earth Island Journal, investigators from the Bryan County Sherriff’s Department had been spying on a Great Plains Tar Sands Resistance training camp that took place from March 18 to March 22 and which brought together local landowners, Indigenous communities, and environmental groups opposed to the pipeline.

An excerpt from an official report on the “Undercover Investigation into the GPTSR Training Camp” indicates that at least two law
enforcement officers from the Bryan County Sherriff’s Department infiltrated the training camp and drafted a detailed report about
the upcoming protest, internal strategy, and the character of the protesters themselves.

At least two law enforcement officers infiltrated the training camp and drafted a detailed report about the upcoming protest, internal strategy, and the character of the protesters themselves. The undercover investigator who wrote the report put the tar sands opponents into five different groups: eco-activists (who “truly wanted to live off the grid”); Occupy members; Native American activists (“who blamed all forms of government for the poor state of being that most American Indians are living in”); Anarchists (“many wore upside down American flags”); and locals from Oklahoma (who “had concerns about the pipeline harming the community”).

The undercover agent’s report was obtained by Douglas Parr, an Oklahoma attorney who represented three activists (all lifelong Oklahomans) who were arrested in mid April for blockading a tar sands pipeline construction site. “During the discovery in the Bryan county cases we received material indicating that there had been infiltration of the Great Plains Tar Sands Resistance camp by police agents,” Parr says. At least one of the undercover investigators attended an “action planning” meeting during which everyone was asked to put their cell phones or other electronic devices into a green bucket for security reasons. The investigator goes on to explain that he was able to obtain sensitive information regarding the location of the upcoming Cushing protest, which would mark the culmination of the week of training. “This investigator was able to obtain an approximate location based off a question that he asked to the person in charge of media,” he wrote. He then wryly notes that, “It did not appear…that our phones had been tampered with.”

(The memo also states that organizers at the meeting went to great lengths not to give police any cause to disrupt the gathering. The investigator writes: “We were repeatedly told this was a substance free camp. No drug or alcohol use would be permitted on the premises and always ask permission before touching anyone. Investigators were told that we did not need to give the police any reason to enter the camp.” They were also given a pamphlet that instructed any agent of TransCanada, the FBI, or other law enforcement agency to immediately notify the event organizers.)

The infiltration of the Great Plains Tar Sands Resistance action camp and pre-emption of the Cushing protest is part of a larger pattern of government surveillance of tar sands protesters. According to other documents obtained by Earth Island Journal under an Open Records Act request, Department of Homeland Security staff has been keeping close tabs on pipeline opponents — and routinely sharing that information with TransCanada, and vice versa.

In March TransCanada gave a briefing on corporate security to a Criminal Intelligence Analyst with the Oklahoma Information Fusion Center, the state level branch of Homeland Security. The conversation took place just as the action camp was getting underway. The following day, Diane Hogue, the Center’s Intelligence Analyst, asked TransCanada to review and comment on the agency’s classified situational awareness bulletin. Michael Nagina, Corporate Security Advisor for TransCanada, made two small suggestions and wrote, “With the above changes I am comfortable with the content.”

Then, in an email to TransCanada on March 19 (the second day of the action camp) Hogue seems to refer to the undercover investigation taking place. “Our folks in the area say there are between 120-150 participants,” Hogue wrote in an email to Nagina. (The Oklahoma Information Fusion Center declined to comment for this story.)

It is unclear if the information gathered at the training camp was shared directly with TransCanada. However, the company was given access to the Fusion Center’s situational awareness bulletin just a few days before the Cushing action was scheduled to take place.

In an emailed statement, TransCanada spokesperson Shawn Howard did not directly address the Tar Sands Resistance training camp. Howard described law enforcement as being interested in what the company has done to prepare for activities designed to “slow approval or construction” of the pipeline project. “When we are asked to share what we have learned or are prepared for, we are there to share our experience – not direct law enforcement,” he wrote.

The evidence of heightened cooperation between TransCanada and law enforcement agencies in Oklahoma and Texas comes just over a month after it was revealed that the company had given a PowerPoint presentation on corporate security to the FBI and law enforcement officials in Nebraska. TransCanada also held an “interactive session” with law enforcement in Oklahoma City about the company’s security strategy in early 2012. In their PowerPoint presentation, TransCanada employees suggested that district attorneys should explore “state or federal anti-terrorism laws” in prosecuting activists. They also included profiles of key organizers and a list of activists previously arrested for acts of nonviolent civil disobedience in Texas and Oklahoma. In addition to TransCanada’s presentation, a representative of Nebraska’s Homeland Security Fusion Center briefed attendees on an “intelligence sharing role/plan relevant to the pipeline project.” This is likely related to the Homeland Security Information Sharing Network, which provides public and private sector partners as well as law enforcement access to sensitive information.

The earlier cache of documents, first released to the press by Bold Nebraska, an environmental organization opposed to the pipeline, shows that TransCanada has established close ties with state and federal law enforcement agencies along the proposed pipeline route. For example, in an exchange with FBI agents in South Dakota, TransCanada’s Corporate Security Advisor, Michael Nagina, jokes that, “I can be the cure for insomnia so sure hope you can still attend!” Although they were unable to make the Nebraska meeting, one of the agents responded, “Assuming approval of the pipeline, we would like to get together to discuss a timeline for installation through our territory.”

The new documents also provide an interesting glimpse into the revolving door between state law enforcement agencies and the private sector, especially in areas where fracking and pipeline construction have become big business. One of the individuals providing information to the Texas Department of Homeland Security’s Intelligence and Counterterrorism Division is currently the Security Manager at Anadarko Petroleum, one of the world’s largest independent oil and natural gas exploration and production companies. In 2011, at a natural gas industry stakeholder relations conference, a spokesperson for Anadarko compared the anti-drilling movement to an “insurgency” and suggested that attendees download the US Army/Marine Corps Counterinsurgency Manual.

LC Wilson, the Anadarko Security Manager shown by the documents to be providing information to the Texas Fusion Center, is more than just a friend of law enforcement. From 2009 to 2011 he served as Regional Commander of the Texas Department of Public Safety, which oversees law enforcement statewide. Wilson began his career with the Department of Public Safety in 1979 and was named a Texas Ranger — an elite law enforcement unit — in 1988, eventually working his way up to Assistant Chief. Such connections would be of great value to a corporation like Anadarko, which has invested heavily in security operations.

In an email to Litto Paul Bacas, a Critical Infrastructure Planner (and former intelligence analyst) with Texas Homeland Security, Wilson, using his Anadarko address, writes, “we find no intel specific for Texas. There is active recruitment for directed action to take place in Oklahoma as per article. I will forward any intel we come across on our end, especially if it concerns Texas.” The article he was referring to was written by a member of Occupy Denver calling on all “occupiers and occupy networks” to attend the Great Plains Tar Sands Resistance training camp.

Wilson is not the only former law enforcement official on Anadarko’s security team; Jeffrey Sweetin, the company’s Regional Security Manager, was a special agent with the Drug Enforcement Administration for more than 20 years heading up its Rocky Mountain division. At Anadarko, according to Sweetin’s profile on Linkedin, his responsibilities include “security program development” and “law enforcement liaison.”

Other large oil and gas companies have recruited local law enforcement to fill high-level security positions. In 2010, long-time Bradford County Sheriff Steve Evans resigned to take a position as senior security officer for Chesapeake Energy in Pennsylvania. Evans was one of a handful of gas industry security directors to receive intelligence bulletins compiled by a private security firm and distributed by the Pennsylvania Department of Homeland Security. Bradford County happens to be ground zero for natural gas drilling in the Marcellus Shale, with more active wells than any other county in the state. In addition to Evans, several deputies of the Bradford County Sheriff’s office have worked for Chesapeake — through a private contractor, TriCorps Security — as “off-duty” security personnel. TransCanada has also come to rely on off duty police officers to patrol construction sites and protest camps, raising questions about whose interests the sworn officers are serving.

Of course for corporations like TransCanada and Anadarko having law enforcement on their side (or in their pocket) is more than just a good business move. It gives them access to classified information and valuable intelligence — essential weapons in any counterinsurgency campaign.

An Indigenous Way of Life Threatened by Oil Sands in Canada

Ian Willms has photographed the effects of oil extraction on First Nations land in Fort McKay and Fort Chipewyan, in northern Alberta, Canada. Mr. Willms, 28, based in Toronto, is a founding member of the Boreal Collectiveand spent several months over the last three years photographing his project “As Long as the Sun Shines.” His interview with James Estrin has been edited and condensed.

 

By JAMES ESTRIN July 30, 2013

The New York Times

Q.

How did this project start?

A.

When I graduated from school in 2008 I was hearing a lot about the oil sands in Canada. So I started doing research, and the more I learned, the more horrified I became.

I read a CBC article about cancer rates in indigenous communities that immediately surrounded the oil sands, and I knew right then that was exactly what I had to do. I searched pretty thoroughly for anybody who had done a proper photo story on the community, and I couldn’t find anything that was particularly in-depth.

Q.

What did you find when you got there?

A.

I found a community that was far more developed economically than I had expected. There was a lot of infrastructure, and the homes were more modern than most First Nations communities. That has a lot to do with the proximity to the oil sands and the economic benefit that comes with that.

But the community is still struggling. First Nation reserves are still very dark and damaged places in many ways, and in other ways, they’re incredibly vibrant. So it was not as bleak as I expected it to be. If you didn’t already know that their water was basically coming off of a storm pipe of one of the largest polluting industrial projects in the world, you wouldn’t.

Q.

A lot of photographers who photograph native peoples in North America just hit and run. How did you go about capturing a fuller view?

A.

Well, the most important thing is time. And it’s always going to be more time than anyone’s going to be willing to pay you for.

Beyond that, I think it’s a matter of becoming invested in people’s lives, because if you don’t care, they won’t. And if you fake it, people know. People aren’t stupid. If you treat them like they’re stupid, they’re never going to trust you. And so I spent a lot of time there, I made a lot of friends.

There are a lot if white journalists that go into indigenous communities in North America with a preconceived notion of what these people are like and what they need. But in truth this attitude is just a continuation of the abuse of those people.

What the first nations really need is the respect and the confidence of the rest of Canada, to tell their own stories and to manage their own communities. They need to be empowered but they don’t need others to tell them what to do.

I continually show my subjects the work that I do in these communities and ask if I am getting this right.

Q.

Tell me more about the oil sands.

A.

There’s an oil reserve that’s located beneath Canada’s boreal forest that’s roughly the size of the state of Florida. It’s rich with oil, but the process of extracting it is incredibly energy intensive, difficult and expensive.

The process involved first clear-cutting the forest and then creating a strip mine. They dig the sandy oil out. It’s like hot asphalt. On a hot day, it’s very gooey and very much like tar.

The environmental toll is dramatic. There was a study by an NGO in Toronto, Environmental Defense, that in 2008 found that about 11 million liters of toxins were leaking into the Athabasca River every single day from several toxic-base water lakes in the oil sands region.

Q.

What’s the effect on the people?

A.

It has brought more money into the communities than there was before. With that said, it’s really a small fraction of what they’re actually entitled to. These First Nations get really bad deals from the oil companies in order to leave their lands for oil.

A career in the oil sands may sound good to some people, but really it is the death of their culture because it’s taking the new generation to work toward a completely different way of life. And it’s a way of life that embraces the destruction of their land.

The Canadian Indian Residential School System was a cultural assimilation program that saw aboriginal children taken from their parents and forced to live in these boarding schools. Generations of children were physically and sexually abused in residential schools across Canada. The last federally operated residential school closed in 1996.

There’s a lot of grief, especially among the elders in the community, over the younger generation not taking an interest in hunting and fishing and trapping. And there’s a lot of conflict among the generation in between the youth and the elders — the generation that are in their late 20s to their 50s; the people who work in the oil sands but grew up hunting, fishing and trapping.

They are very conflicted, because they know what they’re doing. They know that they’re taking away their own land. But they do it because there’s no other option for them to make money. There’s no other way for them to feed their families. These communities are no longer able to be self sufficient off the land like they had been for thousands of years.

 

Read the full article and view photo slideshow here. View Ian Willms work here.

Climate justice activists occupy two tar sands mining sites in Utah

July 29, 2013. Source: Earth First! News
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In a direct action following the Canyon Country Action Camp, hundreds of activists have swarmed two mining sites in Utah tar sands. Activists are currently locked down to machines, stopping work.

 

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Canyon Country Rising Tide have joined with the Lakota, Dine, and Idle No More in condemning the tar sands in Utah as a defiling of the precious Green River ecosystem, and an assault on fresh air and clean water in the US. The tar sands and oil shale mining proposed in Utah and neighboring states would traverse more than one thousand square miles.

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The first blockade went up two hours ago, and is still holding. Contracted Cardwell, Inc. contractors attempted to hit peaceful protestors with their trucks, but the activists were able to lock down, and unfurl a banner that reads, “If you build it they will come.”

 

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Private security personnel and three police cars have shown up on the scene, but no arrests have been made yet.

 

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The second blockade went up approximately one hour later, and is still holding.

 

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Grassroots anti-pipeline groups and Idle No More say “Enbridge no more! Shut down the tar sands!”

sarnia_kala_anniversaryjpgSource: Intercontinental Cry, July 27, 2013

Today, members of Aamjiwnaang and Sarnia Against Pipelines (ASAP) along with supporters of the Idle No More movement and environmental groups gathered in Sarnia’s Chemical Valley at Lasalle Line where Enbridge’s Line 9 comes above ground across the road from the border of the Aamjiwnaang reserve. Community members and grassroots activists briefly blocked the Lasalle Line road with a mock oil spill, calling attention to the risks posed by the Line 9 Reversal Project and to commemorate the 3 year anniversary of the Line 6 spill in Kalamazoo, Michigan.

The demonstration on Lasalle Line is at the spot where Line 9 comes above ground and there is a small Enbridge facility right on the edge of Aamjiwnaang. At this site, Aamjiwnaang community members will conduct a land protection ceremony.

The Line 9 Reversal Project is Enbridge’s plan to ship tar sands oil east for export through a nearly 40 year old pipeline for which experts not employed by oil companies agree that it is a matter of when, not if, this line will spill.

Today’s demonstrators call attention to the broader destruction caused by the tar sands and not just the local risks posed by the Line 9 reversal Project. “All pipeline spills are overlooked by the media all the time,” says Vanessa Gray, a member of Aamjiwnaang First Nation and a founding member of ASAP. “The problem is not how we transport the product, it’s the product itself and the oil companies we should question. The Tar Sands is the most destructive project exploiting First Nation’s territories on Turtle Island today and the future generations of all peoples are depending on the actions we take to defend the air, water, and land we need.” said Gray.

Today’s demonstration was called to commemorate the three year anniversary of the spill on Enbridge’s Line 6 in Kalamazoo, Michigan, which started spilling on July 25, 2010, and was the largest inland oil spill in US history. Communities around that spill site continue to deal with devastating local environmental and health impacts. However, the message coming from Chloe Gleichman of the Michigan Coalition Against Tar Sands was similar to Gray’s, in that she too was interested in focussing on broader, rather than local impacts.

“The community and climate devastation caused by tar sands transcends fabricated boundaries drawn by governments and authorities in collusion with companies like Enbridge,” said Gleichman. “Tar sands development is industrial genocide to indigenous cultures, ecosystems, and anyone who stands in the way of infrastructure expansion. We must resist Enbridge because no community should become collateral damage in the endless and reckless pursuit of profit,” she said.

Clayton Thomas Muller, National Campaigner for Idle No More’s Sovereignty Summer (#SovSummer) campaign, says that, “a movement is rising up from coast to coast to coast against the Canadian Tar Sands and will continue to grow incrementally until we take back our democracy from the hands of corporations like Enbridge who would see all our streets, rivers, lakes and coastal areas destroyed by tar sands pipeline spills.” Thomas-Muller continues, “We will not stop until the six core demands of Idle No More & Defenders of the Land’s campaign, #SovSummer, including the right of communities to say NO are respected by the Harper Government.”