The united resistance of Fearless Summer — a conversation with Mathew Louis-Rosenberg

(Fearless Summer / Nina Montenegro)
(Fearless Summer / Nina Montenegro)

Bryan Farrell, Waging Non-Violence

This has been a busy summer for climate activists — with actions against the fossil fuel industry taking place on a near daily basis around the country. But busy is not the word they are using. They prefer to describe their efforts this summer as fearless. And why not? They are, after all, facing off against the largest, most profitable industry in the history of the world.

Nevertheless, this fearless action is not without strategy. In fact, the term Fearless Summer is being used to unite climate campaigns across the country that are working to stop fossil fuel extraction and protect communities on the frontlines. By coordinating collective action under the same banner, the aim is to speak as one voice against the fossil fuel industry.

To better understand how Fearless Summer came to be and what it’s accomplishing, I spoke with one of its coordinators, Mathew Louis-Rosenberg, who works in southern West Virginia fighting strip-mining — both with the community organization Coal River Mountain Watch and the direct action campaign Radical Action for Mountains and Peoples Survival.

How did the idea for the Fearless Summer come about?

Fearless Summer grew out of a discussion at the first Extreme Energy Extraction Summit held last February in upstate New York. The summit brought together an incredibly diverse group of 70 activists from across the country fighting against coal, gas, oil, tar sands, uranium and industrial biomass to create a more unified movement against energy extraction. We created shared languages, fostered relationships across the diverse spectrum of groups working on the issues and provided space for dialogue that allows innovative collaborations to form. Fearless Summer was one such collaboration.

Who are the principle organizers and groups involved? And how do you coordinate between one another?

Fearless Summer is an open-ended organizing framework and a call-to-action. So it’s difficult to say who the “principle organizers” are. There has been a core group of folks helping to coordinate and create infrastructure that includes organizers across a wide spectrum of groups, such as Radical Action for Mountains and Peoples Survival, Missourians Organizing for Reform and Empowerment, Peaceful Uprising, Food and Water Watch, Green Memes, Tar Sands Blockade, the student divestment movement and others. Coordination work has primarily been done through a listserv and open, weekly conference calls. There is no formal organizing or decision-making structure.

How does this build on last year’s Summer of Solidarity initiative and the actions that have happened since? Do you see it as an escalation?

Fearless Summer was explicitly conceived of as a next step beyond last year’s Summer of Solidarity. I think the intention and scale of Fearless Summer is the escalation. Summer of Solidarity arose out of the organizers of several large actions — the Mountain Mobilization, Coal Export Action, Tar Sands Blockade and Stop the Frack Attack — recognizing that we were all planning big things in a similar timeframe and by working together, primarily through social media, we could amplify each other’s messages rather than compete for attention. The hashtag #ClimateSOS took off and had a life of its own, but coordination never went beyond that core group. Fearless Summer was explicitly launched as an open framework intended to draw in as many groups and actions as possible and came with a clear statement of purpose. This time we engaged a much much wider spectrum of groups and actions under clear principles of unity and escalation. Fearless Summer has gone beyond social media coordination to really create some national dialogue between grassroots groups on presenting a united front on energy issues.

How does Fearless Summer compliment or differ from the many other summer initiatives going on, such as 350.org’s Summer Heat and indigenous peoples’ Sovereignty Summer? Did you coordinate with those organizers?

We see these efforts as highly complementary. We are probably most similar to Sovereignty Summer in how we are organized. Many current indigenous sovereignty struggles are deeply connected to struggles against energy industry attacks on native lands and we have been promoting many such struggles through Fearless Summer. We have also been talking extensively with 350.org organizers about the connections with Summer Heat, which is obviously different due to the central coordination through 350.org and a much more focused timeframe. Fearless Summer is an open framework for action through the summer, so any other similar organizing efforts strengthen the goals of Fearless Summer regardless of how coordinated they are with us.

How many actions have taken place under the Fearless Summer banner so far?

It’s really difficult to say. The trouble with an unstaffed, unfunded, open collaboration is that it’s hard to keep up with where people are taking things. Our kickoff week of action in June had at least 28 actions in six days and there have been dozens more outside of that. At least 50-60.

What actions are coming up?

To be honest, I don’t know. There’s still a lot going on. We’re hosting an action camp in West Virginia and I’ve heard whispers of big plans in other parts of the country, but at this point people are just taking the framework and running with it as we intended.

What are the plans for the fall and beyond?

Those conversations are happening right now. I think people want to see coordination move to the next level of acting together nationally on some common targets more and there’s also a lot of talk about connecting more with other social justice issues and talking about root causes. The second Extreme Energy Extraction Summit is coming up September 6-10 and a lot of discussion will happen there.

Are you feeling optimistic about the larger climate justice movement at the moment?

I am feeling optimistic about the movement. We see more and more communities getting active. It’s getting harder and harder for the energy industry to find anywhere to operate without resistance. And it’s having an impact. The president’s speech and climate plan, despite its deep flaws, speak to the impact we are having. Four years ago, Obama was telling student leaders that he couldn’t do anything without a large scale public pressure movement. We have that now. I think we have a long way to go still. A lot of work still needs to be done to engage a wider base, connect with other struggles around justice and root causes of climate change, and articulate a policy platform that solves the climate crisis in a just and honest way. On the action front, we are still a long way from where the nuclear freeze movement was — with thousands occupying power plants and test sites — doing jail solidarity and really creating a concrete problem for the industry beyond public relations.

If momentum continues to build in the next year, where do you see it coming from? And what might the work of activists look like next summer?

I’m not sure what the big catalyst could be. So far the growth of the movement has mostly been in a proliferation of local campaigns. I think it’s going to take a lot of national dialogue to knit those into collective action for collective wins. My hope is that by next year we will be seeing mass direct action that truly challenges the ability of legal systems to respond and corporations to operate. We need more people acting like their children’s lives are on the line. Because they are.

Meet the activists who humiliated Monsanto

Meet the Activists Who Just Humiliated Monsanto© AP
Meet the Activists Who Just Humiliated Monsanto
© AP

Alex Cline, PolicyMic

Last Thursday, an intriguing press release from “Monsanto Global” was sent out to to the email inboxes of media organizations all over the world. According to the press release, Monsanto had received approval from Mexico’s SAGARPA (Secretariat of Agriculture) to plant a quarter of a million hectares of GMO corn in Chihuahua, Coahuila, and Durango. This was coupled with the announcement of two new Monsanto-funded institutions: a seed bank preserving Mexico’s 246 native strains of corn, and a museum of Mexican culture, to be established such that “[n]ever again will the wealth of this region’s culture be lost as social conditions change.”

This was certainly interesting, and indeed, the SAGARPA was in fact considering a permit to allow Monsanto to plant the corn. Still, it seemed fishy, and totally unlike Monsanto to admit (even obliquely) that their corporate practices could possibly change Mexican culture and wipe out indigenous corn strains.

Within hours, the domain name linked to in the press release (monsantoglobal.com) was no longer available, and a second Monsanto-branded press release denouncing the earlier announcement went out. This one, sent from an email at a different domain name (monsanto-media.com), claimed that the Monsanto Global press release was the work of an activist group called Sin Maíz No Hay Vida.

The highlights of the strongly-worded message included the following:

“The action of the group is fundamentally misleading,” said Janet M. Holloway, Chief of Community Relations for Monsanto. “The initiatives they put forth are unfeasible, and their list of demands is peppered with hyperbolic buzzwords like ‘sustainability,’ ‘culture,’ and ‘biodiversity.’”

“Only ecologists prioritize biodiversity over real-world concerns,” said Dr. Robert T. Fraley, who oversees Monsanto’s integrated crop and seed agribusiness technology and research worldwide. “Commercial farmers know that biodiversity means having to battle weeds and insects. That means human labor, and human labor means costs and time that could be spent otherwise.”

Here is a mirror of both press releases.

Later that day, a post on Monsanto’s blog denied that they had sent a press release about Mexico of any kind that day, stating that “Information on this hoax web site and its related communication properties has been turned over to the appropriate authorities to further investigate the matter.”

I reached out to a spokesperson for Sin Maíz No Hay Vida to find out more about the motivations behind the hoax.

PolicyMic (PM): Can you tell me about Sin Maíz No Hay Vida, who they are, and what their mission is?

SM: Sin Maíz No Hay Vida (Without Corn, there is No Life) is a coalition of activists, students, and artists from Mexico, the United States, Brazil, Canada, Colombia, Uganda, Venezuela, Spain, and Argentina.We are fighting to preserve biological and cultural diversity in Mesoamerica and around the world.

PM: What was the goal of the fake press release?

SM: We wanted to demonstrate the importance of corn (in terms of biodiversity, sustainability, and cultures in Mexico) and to show what is at stake if companies like Monsanto manage to privatize this staple crop. It’s not an exaggeration to say that in Mexico and around the world, there is no life without corn.

We also hoped to raise consciousness about Monsanto’s current application to seed genetically modified corn on a commercial scale in three states in Mexico, a huge expansion of their current projects in Mexico. We wanted remind the Mexican officials at SAGARPA, who have the power to make this decision, that activists are paying attention. We urge them not to grant Monsanto the permit to seed commercially. Finally, we hoped to work in solidarity with other activist groups fighting Monsanto.

PM: What do you believe should be the alternative to growing GMO corn?

SM: I think that question “What’s the alternative to growing GM corn?” assumes that genetically modified corn is a necessity, and it’s not. Monsanto and other producers of GMOs want us to believe that these crops are necessary to sustain a growing population, but in fact, Monsanto is just trying to grow their bottom line by privatizing staple crops around the world. This hurts all of us: farmers, the environment, and just about everyone who eats food. To paraphrase Irina Dunn and Gloria Steinem, we need GM corn like a fish needs a bicycle, and a rusty, blood-thirsty bicycle at that. Have you ever ridden a blood-thirsty bicycle? It’s a terrible experience.

PM: Do you have any info on the website coming down?

SM: Unfortunately, I don’t have any information about why monsantoglobal.com was taken down. We’re working to get it back up. In the meantime, you can visit our website for more information about the action.

PM: What do you think of Monsanto’s response?

SM: It’s interesting that Monsanto was frightened enough by activists paying attention to their actions that they quickly denounced us online and on social media. I think I’d be happier, though, if they had withdrawn their petition to seed commercially in Mexico. I expect them to do so any minute now.

PM: What are some resources you can recommend for everyone reading who wants to get involved?

SM: We’re compiling resources for activists on our blog, especially links to activist groups in Mexico and the United States who are have been fighting Monsanto. If you want to help mobilize against Monsanto or to suggest a group that we should link to, please visit our blog.

Coal port faces huge obstacle in Lummi opposition

The totem pole Jewell James is carving to protest coal exports. Photo: Paul K. Anderson, Chuckanut Conservancy.
The totem pole Jewell James is carving to protest coal exports. Photo: Paul K. Anderson, Chuckanut Conservancy.

Cultural concerns and treaty rights to protect fish loom large for a shipping terminal near Bellingham.

Floyd McKay, CrossCut

Lummi Master Carver Jewell James at work. Photo: Paul K. Anderson, Chuckanut Conservancy.
Lummi Master Carver Jewell James at work. Photo: Paul K. Anderson, Chuckanut Conservancy.

Lummi master carver Jewell James is taking another ceremonial totem pole on a long trip, but this time it won’t be going as a healing pole — like those he carved for the three 9-11 sites — this pole is a political and cultural statement aimed at the export of coal from ports in the Pacific Northwest.

The pole is taking shape only a few miles from the proposed site of the largest coal terminal in the region, at Cherry Point north of Bellingham on Georgia Strait.

It’s a site that James and other Lummis regard as sacred; their ancestors lived, fished and died at Cherry Point through the centuries before white men discovered the area, imposed treaties on the natives and pushed them onto reservations.

The reservations are still there, as are the natives, and pressure continues to bring industry with its economic development, jobs, shipping, railroads, pollution, threats to native fishing areas and trampling of ancient grounds. Over the last two centuries, Cherry Point has seen two oil refineries, an aluminum plant and now plans for yet another giant industry.

Now, the Lummis appear to be well-positioned to play a key, perhaps the most critical role, in determining the fate of a huge proposal to export coal to China from Cherry Point. If the tribe’s objections to the port hold and their treaty rights under federal law withstand any legal questions, the path to approval of the port planned by SSA Marine of Seattle faces a giant obstacle. Company officials, for their part, say they believe the plan can win support from the tribe.

SSA Marine wants to export 48 million tons annually of Powder River Basin coal, and this time the Lummis are deeply dug in. Their line was first drawn a year ago when Lummi elders burned a ceremonial million-dollar check on the beach at Cherry Point and declared no compromise or financial offer would change their opposition to the Gateway Pacific Terminal (GPT).

Lummi speakers were forceful at seven public meetings last year hosted by public agencies charged with reviewing the proposal. Tribal leaders have hosted public events in Whatcom County, where the fate of two key permits will be decided. They even wrote a play, “But What About Those Promises?” to dramatize exploitation of their ancestors.

Up next is the totem pole, which begins its journey about Sept. 19 at the Powder River Basin coalfield in Wyoming and follows by truck the long and winding rail route to Cherry Point. Ceremonies and rallies along the way will reach Seattle and Cherry Point about Sept. 27 to 29.

The Lummis, with regional tribal support, are mounting a two-pronged attack on GPT: the cultural side, headed by James and associates in the Lummi Sovereignty and Treaty Protection Office; and a resource side, relying on key federal court decisions protecting “Usual and Accustomed” fishing rights granted in treaties dating to 1855.

Lummi Nation then-Chair Cliff Cultee (left) and Hereditary Chair Bill James with the check they will burn at Cherry Point. Photo: Floyd McKay
Lummi Nation then-Chair Cliff Cultee (left) and Hereditary Chair Bill James with the check they will burn at Cherry Point. Photo: Floyd McKay

Lummis are quick to say the two items are inseparable because salmon is integral to every aspect of their — and all Salish tribes’ — life. Scholars support that claim and note that Salish tribes have never deviated from their relationship with salmon.

“Prior to and following the arrival of EuroAmericans, the shorelines of Cherry Point were used as fishing villages and the tidelands and waters of Georgia Strait were used to harvest fin and shellfish for commercial, subsistence, and ceremonial purposes,” Lummi chairman Tim Ballew II said in 24-page letter to the U.S. Army Corps of Engineers in January. “Although the Lummi Nation still fishes the waters of Georgia Strait, the resources have been degraded by human activities and shoreline development has precluded the use of traditional hunting, fishing, and gathering sites along the shorelines.”

The Corps has jurisdiction over wetlands and piers and it must deal directly with the 5,000-member tribe in a “government to government” manner honoring tribal sovereignty.

7 adorable animals imperiled by the Keystone XL pipeline

Tim McDonnell, Grist

In its deliberations over the Keystone XL pipeline, the State Department is taking flak not just from picket-sign-wielding environmentalists, but also from within the ranks of the Obama administration. This spring the EPA slammed an environmental review as “insufficient” and called for major revisions. And Monday, ThinkProgress uncovered a letter [PDF] from the Interior Department, dated from April, that outlines the many and varied ways in which the pipeline could wreak havoc on plants and animals (not to mention dinosaurs) along its proposed route.

The letter calls particular attention to a line in the State Department’s most recent environmental impact assessment [PDF] that claims “the majority of the potential effects to wildlife resources are indirect, short term or negligible, limited in geographic extent, and associated with the construction phase of the proposed Project only.”

“This statement is inaccurate and should be revised,” states the letter, which is signed by Interior’s Director of Environmental Policy and Compliance, Willie Taylor. “Given that the project includes not only constructing a pipeline but also related infrastructure … impacts to wildlife are not just related to project construction. Impacts to wildlife from this infrastructure will occur throughout the life of the project.”

Which wildlife? The letter raises concerns that potential oil spills, drained water supplies, and bustling construction workers could cause a general disturbance, but identifies the critters below, some of which are endangered, for special attention:

Ross' Geese.
Wikimedia Commons
Ross’ geese.

The Ross’ goose depends on Nebraska’s Rainwater Basin, which the pipeline would pass through, as a key migratory stopover. A spill in the basin could “severely impact critical habitat,” the letter says.

Black-footed ferret.
Wikimedia Commons
Black-footed ferret.

Although the letter praises State Department plans to protect these endangered ferrets, it nonetheless raises concerns about the potential for infectious diseases from domestic pets at construction camps and worksites in Montana and South Dakota to spread to this population of 1,000 or less left in the wild.

Sandhill cranes.
Steve Garvie
Sandhill cranes.

Like the Ross’ goose, the Sandhill crane depends on Nebraska’s Rainwater Basin, which, according to the letter, could be severely impacted by an oil spill.

Least tern and chick.
Wikimedia Commons
Least tern and chick.

Already endangered, least terns depend for nesting on a plot of protected federal land just 40 miles downstream from where the pipeline will cross Nebraska’s Niobrara River. Nests could fail, the letter warns, if construction activities cause fluctuations in the river’s water level.

Piping plover.
Jerry Goldner
Piping plover.

Also endangered, the piping plover depends on the same nesting site as the least tern and faces the same threats.

 

Sprague's pipit.
Jerry Oldenettel
Sprague’s pipit.

In 2010 the Fish & Wildlife Service found the tiny Sprague’s pipit qualified for endangered status, but hasn’t yet been able to officially list it because of higher-priority species. But the pipit breeds in Montana’s North Valley Grassland, which the pipeline would pass through, raising concerns about impact from a spill.

Pallid sturgeons.
Wikimedia Commons
Pallid sturgeons.

 

While not exactly the cutest on this list, pallid sturgeons are also endangered; the letter raises concern that as water is withdrawn from the Platte River during the construction process, the fish and their eggs could suffocate. An assertion by the State Department that no plan is needed to mitigate damage to sturgeons, the letter says, “seems unsupported and requires further documentation.”

This story was produced as part of the Climate Desk collaboration.

Tim McDonnell is a Climate Desk associate producer. Read more of his stories here or follow him on Twitter.

Nez Perce Tribe’s Resistance to Keystone XL Pipeline is Nothing New

Renée Holt, Native News Network, Guest Commentary

As I enjoy the last day of summer break, before I return back to school, I have been thinking about the recent media publicity my tribal community has received regarding the Keystone XL pipeline.

As an enrolled member of the Nez Perce Tribe, and a mother to three beautiful children, a couple weeks ago, our community, the Nimiipuu (aka the Real People) stood in solidarity with our First Nations brothers and sisters in Canada who oppose the Keystone XL pipeline.

Keystone XL Pipeline Resistance

Our community has been protesting the Megaloads for well over two years.

 

Although regional media has highlighted the Nez Perce tribal council arrests and members of our community for their Indigenous activism, what media has failed to see is that our community has been protesting the Megaloads for well over two years. It just happens to be that we held our first town hall meeting in March 2011 and Winona La Duke shared information on the negative effects of the Keystone XL and the importance of a protest.

In collaboration with the grassroots organizations Friends of the Clearwater and Wild Idaho Rising Tide (who have worked tirelessly on this environmental issue) our tribal council made an informed decision with the intention of making it known the Nimiipuu oppose the Keystone XL pipeline and the transportation of the Megaloads through our ancestral homelands.

From the ancestral homelands of the Nimiipuu people, located in North Central Idaho, I am writing this to members of society, both Indigenous AND non Indigenous, to do more than question and challenge this global climate issue, but to also help fight the battle against the Keystone XL pipeline.

It has been shown in studies from the Environmental Protection Agency and grassroots organizations such as the Rainforest Action Network that gas emissions were toxic and communities located near these sites have higher rates of cancer and contamination of water resources. Not only do the Indigenous communities that are located near these sites suffer, but so do the plants and wild life. If there is one common thread we share as citizens of the global community, it is this, water is necessary to live. Once water is poisoned, we’re all poisoned.

Keystone XL Pipeline Resistance

We need to educate and inform citizens and look respectively at Indigenous governments who are protecting their homelands.

 

Whether in the United States or Canada, Indigenous lands and surrounding areas are continually being devastated by oil pipelines. The lives of people, wildlife and plants suffer and the Megaloads protest ought to remind us, as human beings, the value and sacredness of life is a responsibility. Whether Indigenous or non Indigenous, as humans, to oppose and protest the Keystone XL Megaloads being transported through ancestral homelands is rooted in a responsibility to community and Mother Earth. At this time, due to frustrations with the US Forest Service, the Nimiipuu community and grassroots efforts have filed a lawsuit.

If they are not stopped, the Keystone XL pipeline devastation will continue and the health and well being of those who live near these environmental hazardous areas, regardless of racial ethnicity, will be negatively affected. As an Indigenous woman, I am writing this to share with non Indigenous readers a little bit of who we are as people. Because we often make our homes where our ancestors made their homes, we also live on reserves/reservations that were at one time unwanted land. Today, the unwanted land is now sought by big oil corporations where environmental hazards have disrupted and devastated the ecosystem.

I also believe it is important to mention that the Keystone XL pipeline is an international issue. The responsibility is that of Secretary of State John Kerry to oversee international issues as appointed by President Obama.

What Protection Of Traditional Knowledge Means To Indigenous Peoples

By Catherine Saez, Intercontinental Cry

World Intellectual Property Organization member states in July concluded the biennium work of the committee tasked with finding agreement on international legal tools to prevent misappropriation and misuse of genetic resources, traditional knowledge and folklore.

Indigenous peoples and local communities are holders of a substantial part of this knowledge and are demanding that it be protected against misappropriation but also against its use without their consent.

Intellectual Property Watch conducted two interviews with different indigenous groups attending the 15-24 July WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) (IPW, WIPO, 25 July 2013).

The IGC is working on the protection of genetic resources (GR), traditional knowledge (TK), and traditional cultural expressions (TCEs or folklore) against misappropriation mainly by commercial interests. Other concerns include knowledge that has been claimed for collection purposes, or research, or has been used for a long time and is considered part of the public domain.

Indigenous peoples’ groups have said that the public domain was basically created at the same time as the concept of intellectual property and their particular knowledge had been put in that public domain, by default, without their consent.

Preston Hardison, policy analyst representing the Tulalip Tribes, Jim Walker of the Foundation for Aboriginal and Islander Research Action (Australia), and Ronald Barnes of the Indian Council of South America answered questions about the protection of traditional knowledge, on the issue of the public domain, and what would be an optimum result of the IGC.

“I work for a tribe of 4,600 people, on a very small 6 mile square reservation. They’ve lost 90 percent of their land. They are surrounded by a sea of non-indigenous peoples. Their habitat has been fragmented. When they reserved their treaties they reserved a lot of ‘off reservation rights’,” said Hardison.

“They have this small reservation but they get to hunt and gather fish all around because they knew the reservation was going to be too small to sustain them,” he said. “But now all these lands are getting fragmented, polluted, broken up, rolled over by cities and urbanization, [and] climate change is causing species to move away from their territories, invasive species are coming in.”

The whole IGC discussion started with the problem of biopiracy, he said, and how to protect knowledge from being patented. “However the problem in the IP system, is that the best way to protect against patents is through the public domain because that is prior art.”

“What we very quickly found out is that this defensive approach was not helping us because the patent problem is really just a problem of temporary monopoly and the solution was for us to permanently lose control of our knowledge by putting it in the public domain.”

There are also issues when the knowledge is a pathway to discover the natural resources, “so people discover the value of cultural heritage through the traditional knowledge but the resource itself may not be protected,” Hardison said. “By solving the patent problem, by making your knowledge available, you may have opened yourself up to petty exploitation, to non-monopolistic exploitation.”

“The main problem is not the monopoly [inherent in a patent],” he said. “It is people finding out what the value of our medicinal plants is and coming and taking every single one they can find.”

Ronald Barnes, of the Indian Council of South America told Intellectual Property Watch: “When we talk about protection we want protection against exploitation so that the protection remains in the control of the holders of TK and the owners so that their right to self-determination is recognized and respected.”

People wanting to use the knowledge “have to register and let us know how they acquired it and how they are using it. Perhaps if it is sacred we don’t want it to be developed,” he specified. “Sometimes we try to keep it close to ourselves but it leaks out. There is always a way to go to one person and compensate that one person and then they say we have acquired this from you and now we have the right to develop it but it is still our collective property.”

Colonizers Put Traditional Knowledge in the Public Domain

There are some stewardship obligations that go with the knowledge, Hardison said. “When you receive it you don’t receive it freely to do whatever you want with it, you have obligations to the land, to whatever it is referring, to the spirits or the ancestors. This is a real problem with the public domain. Tribes have often shared their knowledge in the past but they shared it with people who had similar views and concepts and understood these obligations. But now we are in this world with 7 billion people on the internet.”

“If we decide to exchange knowledge, the problem is that the public domain exhausts all of our rights. It destroys the stewardship obligations that go with the knowledge,” he said.

Some of the indigenous peoples’ knowledge has been in the public domain for a long time, he explained, and allowed to be accessed for all these years, “but we never agreed to that,” he insisted. “We are not looking for monetary compensation but looking get the recognition of our right to control access.”

“We’ve held our traditional knowledge for thousands of years. It is ours,” said Barnes. “Then comes another peoples and we are colonised, why should we be held to a limitation to the knowledge control and the right to protect it?”

Optimum Outcome of the IGC, Carveout from Public Domain

One outcome of the IGC would be the identification of certain kinds of TK associated with GR, TK and TCEs that could be protected in perpetuity, some carved out of the public domain, said Hardison. “We don’t think all can, and we are open to discussion on what is protectable and what is not.”

“We are interested in creation and creativity too and some tribes and indigenous peoples would like to engage in this and some won’t, that is their business,” said Hardison. “For those who engage in it we don’t want the price of that to be the public domain, and that’s how it works.”

In the world system today, “there are very few examples of intangible cultural heritage laws which treat our knowledge in this holistic way,” Hardison said, adding, “what we have is IP law.”

“Our problem is if we ever exchange knowledge with an outsider in any way, the second we exchange it, it falls within the IP regime. We’ve never had a chance to negotiate that. We are not considered in the Berne convention [Berne Convention for the Protection of Literary and Artistic Works], or any other WIPO conventions,” he noted.

“We know all cannot be protected but we want a regime to respect our rights where it can, and have that discussion about what can be protected and what can’t. We never put it in the public domain. That was the colonizers who put it in there for us.”

Common Thread, but Common Positions Hard to Achieve

“We might have different views on how we might get there, to achieve certain outcomes,” said Walker.”Circumstances might be different in different countries.”

“Some issues are easier than others,” said Hardison, Part of the problem is financial support, he said. Indigenous groups “are only funded for the minimum amount of time,” he said. “For example, we get three hours on Sunday before the meeting to meet together. That is not a lot of time to start working out common positions, especially on the kind of things that we have now.”

“It has gotten better now that we have translation, generally, coordinated by DoCip (Indigenous Peoples’ Center for Documentation, Research and Information),” he said. “But it is still hard to talk cross-culturally.”

“You need to have the resources back at home,” said Walker. “Getting prepared for those meetings is very difficult because generally you have your other obligations to your organization or to the people back home. Often you don’t have the time or the resources to get around and start consulting everyone to get a unified view or to get other opinions or inputs,” Walker said.

Barnes said that getting a common view was a tough exercise. “Whether or not we like it, we have some indigenous peoples who are paid more, given more funds and they are more willing to cooperate, whereas some of us refuse those funds and they want to retain their property.”

This Interview originally appeared at

www.ip-watch.org

Global warming survey shows support for civil disobedience

Source: Climate Connections

national survey finds that many Americans (24%) would support an organization that engaged in non-violent civil disobedience against corporate or government activities that make global warming worse.

Moreover, 13% say they would be willing to personally engage in non-violent civil disobedience for the same reason.

“Many Americans want action on climate change by government, business, and each other,” said lead researcher Anthony Leiserowitz, PhD, of Yale University. “The fact that so many Americans would support organizations engaging in civil disobedience to stop global warming  – or would be willing to do so personally – is a sign that many see climate change as a clear and present danger and are frustrated with the slow pace of action.”

Another key finding of the survey is that, in the past year, Americans were more likely to discuss global warming with family and friends (33% did so often or occasionally) than to communicate about it using social media (e.g., 7% shared something about global warming on Facebook or Twitter, 6% posted a comment online in response to a news story or blog about the topic, etc.).

“Our findings are in line with other research demonstrating that person-to-person conversations – about a wide variety of topics, not just global warming – are still the most common form of communication,” said Dr. Leiserowitz. “The notion that social media have completely ‘taken over’ most of our social interactions is incorrect. For example, we find that Americans are much more likely to talk about extreme weather face-to-face or over the phone than through social media.”

Furthermore, Americans are most likely to identify their own friends and family, such as a significant other (27%), son or daughter (21%), or close friend (17%), as the people who could motivate them to take action to reduce global warming.

“Our findings show that people are most willing to listen to those personally close to them when it comes to taking action against global warming,” said researcher Ed Maibach, PhD, of George Mason University. “In fact, if someone they ‘like and respect’ asks them to take action about global warming, a third say they would attend a public meeting about global warming or sign a pledge to vote only for political candidates that share their views about global warming, among other things.”

These findings come from a nationally representative survey – Climate Change in the American Mind – conducted by the Yale Project on Climate Change Communication and the George Mason University Center for Climate Change Communication.

White Sturgeon Rebound With Help From Kootenai Tribe of Idaho

Jack McNeel, ICTMN

At first glance they look like miniature tadpoles. Stare a little harder, though, and tiny sturgeon features become apparent. The white sturgeon hatchlings are in the midst of a comeback brought about by the Kootenai Tribe of Idaho.

A nearby hatchery tank swarms with year-old sturgeon, their large bodies and broad pectoral fins narrowing down to high, pointed tails much like fighter jets. The adults are in huge tanks, only a few fish but each seven or eight feet long.

White sturgeon were here when dinosaurs roamed the country, but man has now put this population of sturgeon in danger of extinction. Historically they were a very important food source for people along the Kootenai River, but they were more than just food.

“Sturgeon were looked upon as our grandfathers,” said tribal chairperson Jennifer Porter, sharing a story told to her by a tribal elder. “Sturgeon could live to be over a hundred years old. They knew the river. They knew the land. Our families would ask the sturgeon, our grandfathers, to guide them through. They were the ones who knew how to go up and then back down the river.”

Sturgeon are the largest freshwater fish in North America and can reach weights well over a thousand pounds, and lengths in excess of 12 feet. Human activity over the past 50 years has drastically reduced their number. In 1994 they were listed as an endangered species.

The Kootenai Tribe of Idaho stepped in with a management plan to help recover sturgeon within the Kootenai River. That program continues and is growing stronger, but much is left to be done. A sturgeon hatchery was constructed in 1991 and still supplies thousands of young fish to the river each year. Hatchery manager Chris Lewandowski said that a cyclical maintenance grant from Bureau of Indian Affairs for Native American hatcheries has allowed some recent improvements. This includes a spawning room, new vapor barrier, and waterproof paneling in some of the fish buildings. Improvements are planned during the coming months for additional improvements with funding from the Bonneville Power Administration.

Hatchery workers spend many days through the spring months using rods and reels to catch these huge fish, take them to the hatchery and hold them till the females are ready to spawn. After eggs are collected, the adult fish are then returned to the Kootenai River.

This is the majestic fish’s only shot at reproduction. Construction of Libby Dam in Montana 50 years ago affected spawning habitat and river flows downstream. Little or no natural recruitment to the population has occurred since that time. Essentially the only addition of young fish comes from those released from the hatchery.

“We spawned nine females this year with approximately 225,000 eggs collected from these fish,” Lewandowski said. “We used a total of twelve males in combination with the nine females to make seventeen family groups.”

Some males were used with more than one female to make up these groups. Five groups, 75,000 eggs, were sent to a backup facility in British Columbia.

“This serves as a failsafe to make sure we have survival from at least one facility in a given year,” Lewandowski said, adding that the young fish will also be released throughout the Kootenai River.

The 2013 spawning season met all the established goals. The hatchery is designed to rear 12 sturgeon families comfortably. During the mid-2000s they reared as many as 18 families but found that the increased density in the tanks caused higher mortality rates. The number of families was reduced to 12, and the result is less mortality. In addition, average size at release doubled to the present 55­65 grams. Thirty grams is considered minimum for the fish to have a good chance of survival.

Young fish are reared in the hatchery for 16 to 18 months before being released, Lewandowski said. On average about 10,000 fish are released annually. A second hatchery several miles north of the present hatchery is also underway and should be ready in early 2014.

“The new hatchery will give us more rearing space to provide a quality fish while improving genetic diversity by being able to spawn more females,” Lewandowski added.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/08/21/white-sturgeon-rebound-help-kootenai-tribe-idaho-150902

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.”

Seeping Alberta Oil Sands Spill Covers 40 Hectares, Still Leaking

Source: ICTMN

As debate rages south of the 49th Parallel over developments such as the Keystone XL pipeline, bitumen from four underground oil spills is quietly seeping into wetlands and soils in the oil sands in northern Alberta—and has been for at least three months, if not longer.

Bitumen leakage now totals at least 1.2 million liters—about 8,024 barrels, or 317,000 gallons, the Alberta Energy Regulator, a provincial agency, said in an August 16 update. And despite claims by the operator, Canadian Natural Resources Limited, that the spills are contained and being remediated, recent provincial statements indicate that that is not the case.

“It’s ongoing. The spill is still ongoing,” said Cara Tobin, a spokesperson for the provincial agency Alberta Energy Regulator, to the website DesmogCanada.com on August 6. “There is still bitumen coming up from the ground.”

The spills at Canadian Natural Resources’ Primrose facility first came to light in mid-July, but they had been ongoing for weeks, and one may even date back to last winter, the Toronto Star reported on July 19. The operations lie on the Cold Lake Air Weapons Range, which is also an active weapons-testing site for the Canadian military and thus restricted to public access.

Documents brought to light by the Star show that 26,000 barrels of bitumen combined with surface water had been removed between May, when cleanup began, and mid-July, when the spills came to light via a television station. More than 4,500 barrels were straight bitumen, the Star reported. The latest update nearly doubles that number.

“Everybody [at the company and in government] is freaking out about this,” said a whistle-blowing government scientist to the newspaper back in July. “We don’t understand what happened. Nobody really understands how to stop it from leaking, or if they do they haven’t put the measures into place.”

The company issued a statement on July 31 saying that it was remediating the spills.

“Each location been secured, clean up, recovery and reclamation activities are well underway,” the company said. “The bitumen emulsion does not pose a risk to health or human safety.”

Nearby Cold Lake First Nation, whose residents are Dene, was of a completely different mind.

“We are extremely alarmed with the environmental damage from the blow out that occurred at Cold Lake Weapons Range as this is in the federally recognized traditional territory of Cold Lake First Nations and close to CLFN Indian Reserve 149C,” said Cold Lake First Nation Chief Bernice Martial in a statement on August 7. “We contacted Canadian Natural Resources Limited (CNRL) to express CLFN’s concerns and we are now demanding answers and want factual information on the contamination of four recent surface releases of bitumen emulsion from oil wells.”

Canadian Natural Resources did admit that “unfortunately some animal fatalities have occurred including 16 birds, 7 small mammals and 38 amphibians. Two beavers, two birds and two muskrats are currently being cared for prior to being returned to their natural environment.”

Critics of the process being used to extract the bitumen suspect that the leaks stem from a method of “steaming” the ground in a process not unlike fracking (hydraulic fracturing of rock that loosens oil and gas deposits in shale). Steaming entails injecting highly pressurized water into the sands to melt the bitumen so that it can be pumped to the surface. Canadian Natural Resources said that its process is not the cause—the company does not use enough pressure to cause that type of leakage, a spokesman told the Star, and blames instead improperly capped wells from other companies’ defunct operations.

The Dene are demanding not only answers but inclusion in the evaluation and cleanup process as well.

“Our community needs to be respectfully involved in the remediation of this environmental disaster as our health and safety hangs in the balance,” Martial said. “We live, hunt, fish in the area and need to know the damage that has been done to our land, water and wildlife.”

 

Read more at https://indiancountrytodaymedianetwork.com/2013/08/18/seeping-alberta-oil-sands-spill-covers-40-hectares-still-leaking-150934