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July 28 2012

13:00

The Real Train Wreck: ALEC and "Other ALECs" Attack EPA Regulations

When business-friendly bills and resolutions spread like wildfire in statehouses nationwide calling for something as far-fetched as a halt to EPA regulations on greenhouse gas emissions, ALEC is always a safe bet for a good place to look for their origin.

In the midst of hosting its 39th Annual Meeting this week in Salt Lake City, Utah, the American Legislative Exchange Council (ALEC) is appropriately described as an ideologically conservative "corporate bill mill" by the Center for Media and Democracy, the overseer of the ALEC Exposed project. 98 percent of ALEC's funding comes from corporations, according to CMD**.

ALEC's meetings bring together corporate lobbyists and state legislators to schmooze and then vote on what it calls "model bills." Lobbyists, as CMD explains, have a "voice and a vote in shaping policy." In short, they have de facto veto power over whether the prospective bills they present at these conferences become "models" that will be distributed to the offices of politicians in statehouses nationwide.

For a concise version of how ALEC operates, see the brand new video below by Mark Fiore.

 
ALEC Rock

ALEC, though, isn't the only group singing this tune.

As it turns out, one of the "Other ALECs," or a group that operates in a similar manner to ALEC, will be hosting its conference in the immediate aftermath of ALEC's conference: the Council of State Government's (CSG) regional offshoot, the Southern Leadership Conference (SLC).

Like ALEC, CSG produces its own "model bills," which it calls "Suggested State Legislation" (SSL). SSL is enacted via an "up or down" vote manner at CSG's national meetings. This process mirrors that of its cousin ALEC, with corporate lobbyists also able to vote in closed door meetings.

Some key differences between CSG and ALEC: the former is bipartisan in nature, while the latter is Republican Party-centric; CSG has a far larger budget, due to the fact that 43 percent of its funding comes from taxpayer contributions; and CSG is not explicitly ideological in nature because it was founded as a trade association for state legislators (not as a corporate front group like ALEC, although CSG is now heavily influenced by the same forces).

SLC's annual meeting will be held in Charleston, West Virginia from July 28-31.

TruthOut's ongoing "Other ALECs Exposed" series (written by yours truly) digs deep into the machinations of "Other ALEC"-like groups.

One of the key threads tying these two particular groups together is their agreement on derailing what they describe as "job-killing" EPA greenhouse gas emissions regulations. ALEC has referred to these sensible standards on multiple occassions as a "Regulatory Trainwreck."

ALEC, SLC and EPA "Regulatory Trainwreck" Resolutions

ALEC's "Regulatory Trainwreck" Resolution

ALEC has two model bills on the books that call for EPA regulations to be eliminated: the State Regulatory Responsibility Act and the Resolution Opposing EPA’s Regulatory Train Wreck. Essentially clones, the two bills passed nearly a decade apart from one another, the former in 2000, the latter in 2011.

ALEC's description of EPA regulations reads like the apocolypse is looming.

"The U.S. Environmental Protection Agency has begun a war on the American standard of living," it wrote. "During the past couple of years, the Agency has undertaken the most expansive regulatory assault in history on the production and distribution of affordable and reliable energy…These regulations are causing the shutdown of power plants across the nation, forcing electricity generation off of coal, destroying jobs, raising energy costs, and decreasing reliability."  

Former CMD reporter Jill Richardson wrote in a July 2011 story that the concept behind the resolution originated at ALEC's December 2010 policy summit. Richardson explained,

The policy summit included a session led by Peter Glaser of Troutman Sanders LLP law firm in which Glaser, an attorney who represents electric utility, mining and other energy industry companies and associations on environmental regulation, specifically in the area of air quality and global climate change, told the crowd that "EPA's regulatory trainwreck" is "a term that's now in common use around town. I think everybody should become familiar with it." (See the video here.) Along with the presentations, ALEC published a report called "EPA's Regulatory Trainwreck: Strategies for State Legislators" and provided "Legislation to Consider" on its site, RegulatoryTrainwreck.com. For the public, they created the website StopTheTrainwreck.com.

The Resolution calls for the EPA to stop regulating greenhouse gases for the next two years as a "jobs creation" mechanism.

After the midterm election ransacking, in which the GOP won large majorities in state legislatures nationwide, it was off to the races for "Regulatory Train Wreck" resolutions to pass around the country, and pass they did. 

The "Regulatory Trainwreck" resolution, according to ALEC, has been introduced in an astounding 34 states, passing in 13, as of a June 2011 press release.

This assault conducted by ALEC and its corporate backers is merely the tip of the iceberg. ALEC itself boasts,

There are 27 groups of state and local officials that opposerecent EPA action, including tens of thousands of state legislators, utility commissioners, agricultural department officials, foresters, drinking water administrators, fish and wildlife agencies, solid waste management officials, state wetland managers, mayors, counties, and cities.

One of these 27 groups included CSG's Southern Leadership Conference.

SLC Adopts the "Regulatory Train Wreck" Resolution as its Own

On July 19, 2011, the SLC adopted the ALEC Regulatory Train Wreck resolution at its 65th Annual Meeting in Memphis, TN. The Resolution called for, among other things, to

  1. "Adopt legislation prohibiting the EPA from further regulating greenhouse gas emissions for the next 24 months, including, if necessary, defunding the EPA greenhouse gas regulatory activity;"
  2. "Impose a moratorium on the promulgation of any new air quality regulation by the EPA, including, if necessary,the defunding of the EPA air quality regulatory activities, except to address an imminent health or environmental emergency, for a period of at least 24 months;"  

In other words, this is a copycat of the ALEC Resolution. SLC, like ALEC, chocks it up to the false dichotomy of regulation vs. jobs, and regulations "killing jobs." As DeSmogBlog has written, the opposite is actually the case.

The resolution's opening paragraph is a case in point. It reads,

"The U.S. Environmental Protection Agency (EPA) has proposed, or is in the process of proposing, numerous regulations regarding air quality and regulation of greenhouse gases that likely will have major effects on Southern state economies, impacting businesses, manufacturing industries and, in turn, job creation and U.S. competitiveness in world markets."

Lobbyists representing the Nuclear Energy Institute, the American Coalition for Clean Coal Electricity (ACCCE), Southern States Energy Board (a lobbying tour de force, which has a whole host of dirty energy clients in the oil, gas, and nuclear power sectors), Piedmont Natural Gas, Spectra Energy, and Southern Company were all in attendance to vote on this resolution. 

Dirty energy sponsors of the 2011 SLC meeting included the likes of Spectra, General Electric, ACCCE, Chevron, Honeywell, Piedmont Natural Gas, BP, Southern Company, and Atmos Energy, to name several.

If adopted at a federal level, this resolution would, of course, make all of these companies a hefty fortune.  

ALEC's Bifurcated Approach: Strip Federal Regs, Attack Local Democracy

Oil, gas, nuclear and utility corporations that fund ALEC and groups like CSG would like nothing more than to see EPA regulations disintegrate into thin air.

Part one of DeSmog's investigation on ALEC's dirty energy agenda showed that, along with pushing for the elimination of EPA regulations, it has also succeeded in promulgating legislation that would eliminate local democracy as we know it, including altering key standards such as zoning rights - a Big Business giveaway of epic proportions.

This would mean only extremely underfunded and understaffed state regulatory agencies like the New York Department of Environmental Conservation would have any oversight on environmental regulatory issues. 

If anything is clear, it's this: statehouses have become one of Big Business' favorite domiciles for pushing its "Corporate Playbook." 

Image CreditLane V. Erickson ShutterStock

(**Full Disclosure: Steve Horn is a former employee of CMD and worked on the ALECExposed project)

July 27 2012

10:30

Exposed: Pennsylvania Act 13 Overturned by Supreme Court, Originally an ALEC Model Bill

On July 26, the Pennsylvania Supreme Court ruled PA Act 13 unconstitutional. The bill would have stripped away local zoning laws, eliminated the legal concept of a Home Rule Charter, limited private property rights, and in the process, completely disempowered town, city, municipal and county governments, particularly when it comes to shale gas development.

The Court ruled that Act 13 "…violates substantive due process because it does not protect the interests of neighboring property owners from harm, alters the character of neighborhoods and makes irrational classifications – irrational because it requires municipalities to allow all zones, drilling operations and impoundments, gas compressor stations, storage and use of explosives in all zoning districts, and applies industrial criteria to restrictions on height of structures, screening and fencing, lighting and noise."

Act 13 — pejoratively referred to as "the Nation's Worst Corporate Giveaway" by AlterNet reporter Steven Rosenfeld — would have ended local democracy as we know it in Pennsylvania.

"It’s absolutely crushing of local self-government," Ben Price, project director for the Community Environmental Legal Defense Fund (CELDF), told Rosenfeld. "It’s a complete capitulation of the rights of the people and their right to self-government. They are handing it over to the industry to let them govern us. It is the corporate state. That is how we look at it."

Where could the idea for such a bill come from in the first place? Rosenfeld pointed to the oil and gas industry in his piece.

That's half of the answer. Pennsylvania is the epicenter of the ongoing fracking boom in the United States, and by and large, is a state seemingly bought off by the oil and gas industry.

The other half of the question left unanswered, though, is who do oil and gas industry lobbyists feed anti-democratic, state-level legislation to?

The answer, in a word: ALEC.

PA Act 13, Originally an ALEC Model Bill 

The American Legislative Exchange Council (ALEC) is in the midst of hosting its 39th Annual Meeting this week in Salt Lake City, Utah. ALEC is appropriately described as an ideologically conservative, Republican Party-centric "corporate bill mill" by the Center for Media and Democracy, the overseer of the ALEC Exposed project. 98 percent of ALEC's funding comes from corporations, according to CMD**.

ALEC's meetings bring together corporate lobbyists and state legislators to schmooze, and then vote on what it calls "model bills." Lobbyists have a "voice and a vote in shaping policy," CMD explains. They have de facto veto power over whether their prospective bills become "models" that will be distributed to the offices of politicians in statehouses nationwide.

A close examination suggests that an ALEC model bill is quite similar to the recently overturned Act 13. 

It is likely modeled after and inspired by an ALEC bill titled, "An Act Granting the Authority of Rural Counties to Transition to Decentralized Land Use Regulation." This Act was passed by ALEC's Energy, Environment, and Agriculture Task Force at its Annual Meeting in August 2010 in San Diego, CA

The model bill opens by saying that "…the planning and zoning authority granted to rural counties may encourage land use regulation which is overly centralized, intrusive and politicized." The model bill's central purpose is to "grant rural counties the legal authority to abandon their planning and zoning authority in order to transition to decentralized land use regulation…"

The key legal substance of the bill reads, "The local law shall require the county to repeal or modify any land use restriction stemming from the county’s exercise of its planning or zoning authority, which prohibits or conditionally restricts the peaceful or highest and best uses of private property…"

In short, like Act 13, this ALEC model bill turns local democractic protections on their head. Act 13, to be fair, is a far meatier bill, running 174 pages in length. What likely happened: Pennsylvania legislators and the oil and gas industry lobbyists they serve took the key concepts found in ALEC's bill, ran with them, and made an even more extreme and specific piece of legislation to strip away Pennsylvania citizens' rights.

There were many shale gas industry lobbyists and those affiliated with like-minded think-tanks in the house for the Dec. 2010 San Diego Energy, Environment, and Agriculture Task Force Meeting where this prospective ALEC model bill became an official ALEC model bill. They included Daren Bakst of the John Locke Foundation (heavily funded by the Kochs), Russel Harding of the Mackinac Center for Public Policy (also heavily funded by the Koch Family Fortune), Kathleen Hartnett White of the Texas Public Policy Foundation (again, heavily funded by the Kochs), Mike McGraw of Occidental Petroleum, and Todd Myers of the Washington Policy Center (a think tank that sits under the umbrella of the Koch Foundation-funded State Policy Network).

A Model That's Been Passed and Proposed Elsewhere

The Act Granting the Authority of Rural Counties to Transition to Decentralized Land Use Regulation model bill has made a tour to statehouses nationwide, popping up in Ohio, Idaho, Colorado, and Texas. The model passed in some states, while failing to pass in others.

Here is a rundown of similar bills that DeSmogBlog has identified so far:

Ohio HB 278

Long before the ALEC model bill was enacted in 2010, Ohio passed a similar bill in 2004, HB 278, which gives exclusive well-permitting, zoning, and regulatory authority to the Ohio Department of Natural Resources (ODNR). Ohio is home to the Utica Shale basin.

Mirroring ALEC's model, HB 278 gives the "…Division of Mineral Resources Management in the Department of Natural Resources…exclusive authority to regulate the permitting, location, and spacing of oil and gas wells in the state.."

Could it be that the ALEC model bill was actually inspired by HB 278? It's very possible, based on recent history.

As was the case with ALEC's hydraulic fracturing chemical fluid "disclosure" model bill (actually rife with loopholes ensuring chemicals will never be disclosed), ALEC adopted legislation passed in the Texas state legislature as its own at its December 2011 conference.

Idaho HB 464 

Idaho's House of Representatives passed HB 464 in February 2012 in a 54-13-3 roll call vote. A month later, the bill passed in the Senate in a 24-10-1 roll call vote. Days later, Republican Gov. Butch Otter signed the bill into law.

Key language from HB 464 reads

It is declared to be in the public interest…to provide for uniformity and consistency in the regulation of the production of oil and gas throughout the state of Idaho…[,] to authorize and to provide for the operations and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas may be obtained.  (Snip)

It is the intent of the legislature to occupy the field of the regulation of oil and gas exploration and production with the limited exception of the exercise of planning and zoning authority granted cities and counties…

The Democratic Party State Senate Minority Office was outraged about the bill's passage. 

"[HB] 464 establishes Idaho law governing oil and gas exploration and development including limits to local control over the location of wells, drilling processes, water rights and the injection of waste materials into the ground," reads a press release by the Idaho State Senate Minority Office. "[HB 464] preempts local land-use planning statute dating back to 1975. Counties will have little input in the permitting process whereby well sites are selected (or restricted) and no role in planning and zoning."

Sound familiar? Like PA Act 13 and the ALEC model? It should.

Full-scale fracking has yet to take place in Idaho, though the race is on, with Idahoans signing more and more leases with each passing day. Thanks to gas industry lobbyists' use of ALEC's model bill process, the industry will have far fewer hurdles to clear in the state when the race begins. 

Colorado SB 88

The Demoratic Party-controlled Colorado State Senate struck down an ALEC copycat bill, SB 88, in February 2012.

The Bill Summary portion of SB 88 explains the bill concisely, mirroring, once again, PA Act 13 and the ALEC Model Bill: "…the Colorado oil and gas conservation commission has exclusive jurisdiction to regulate oil and gas operations, and local regulation of oil and gas operations is preempted by state law."

Colorado sits atop the Niobrara Shale basin. Like Pennsylvania, it has seen many cities successfully move to ban fracking, making the goal of a bill of this nature all the more obvious.

From Colorado Springs to Boulder County, cities and counties across Colorado have passed measures against fracking,” Sam Schabacker of Food and Water Watch told the Colorado Independent at the time SB 88 was struck down. “This bill is an attempt by the oil and gas industry to strip local governments of what little power they have to protect their citizens and water resources from the harms posed by fracking.” 

Far from a completed debate, as covered in a June 2012 follow-up story by the Colorado Independent, things are just getting underway on this one in The Centennial State.  

I don’t know where it goes from here. I suspect there is a happy medium and there is a compromise that can be reached,” Democratic Party State Senate President Brandon Shaffer told the Independent. “I also suspect next year additional legislation will come forward on both sides of the spectrum. Ultimately I think the determination will be made based on the composition of each of the chambers. If the Democrats are in control of the House and Senate, there will be more emphasis on local control.”  

Former Sen. Mike Kopp (R) was one of the public sector attendees at the Dec. 2010 Energy, Environment, and Agriculture Task Force Meeting where the ALEC model bill passed. 

Texas HB 3105 and SB 875

In May 2011, TX SB 875 passed almost unanimously. The bill essentially calls for the elimination, in one fell swoop, of the common law of private nuisance in Texas.

SB 875's key operative paragraph explains,

[Entities] subject to an administrative, civil, or criminal action brought under this chapter for nuisance or trespass arising from greenhouse gas emissions [have] an affirmative defense to that action if the person's actions that resulted in the alleged nuisance or trespass were authorized by a rule, permit, order, license, certificate, registration, approval, or other form of authorization issued by the commission or the federal government or an agency of the federal government…

Texas — home to the Barnett Shale basin and the Eagle Ford Shale basin — played a dirty trick here, but what else would one expect from the government of a Petro State?

The ALEC model bill calls for a transition from centralized power by local governments to individual property rights under the common law of private nuisance, a civil suit that allows those whose private property has been damaged to file a legal complaint with proper authorities. Now, under the dictates of SB 875, even these rights have been eviscerated.

Perhaps Texas exemplifies a realization of the oil and gas industries' ideal world: legal rights for no one except themselves.

"This [bill allows] the willful trespass onto private property of chemicals and or nuisances, thus destroying the peaceful enjoyment of private property, which someone may have put their life savings into," Calvin Tillman, former Mayor of Dish, Texas and one of the stars of Josh Fox's Academy Award-nominated documentary film, "Gasland," wrote in a letter. "Therefore, private citizens would have no protection for their private property if this amendment was added."

HB 3105's key language, meanwhile, makes the following illicit (emphases mine): 

the adoption or issuance of an ordinance, rule, regulatory requirement, resolution, policy, guideline, or similar measure…by a municipality that..has effect in the extraterritorial jurisdiction of the municipality, excluding annexation, and that enacts or enforces an ordinance, rule, regulation, or plan that does not impose identical requirements or restrictions in the entire extraterritorial jurisdiction of the municipality…or damages, destroys, impairs, or prohibits development of a mineral interest

This bill, unlike SB 875, never passed, though if it did, it would do basically the same thing as PA Act 13 and the ALEC model. If it ever does pass, however, it would mean that Texans would have literally no legal standing to sue the oil and gas industry for wrongdoing in their state.

ALEC's Bifurcated Attack: Erode Local Democracy, Strip Federal Regs,

Coming full circle, though PA Act 13 was struck down, for now, as constitutional, that doesn't necessarily mean ALEC copycat versions like it won't start popping up in other statehouses nationwide. 

Sleep on this for awhile. There's more to come.

Part two of DeSmog's investigation on ALEC's dirty energy agenda will show that, along with pushing for the erosion of local democracy as we know it today, ALEC has also succeeded in promulgating legislation that would eliminate Environmental Protection Agency (EPA) power to regulate greenhouse gas emissions - another Big Business giveaway of epic proportions.

If anything is clear, it's this: statehouses have become a favorite clearinghouse for polluters to install the "Corporate Playbook" in place of democracy.

Stay tuned for Part Two of DeSmog's investigation, coming soon.

(**Full Disclosure: Steve Horn is a former employee of CMD and worked on the ALEC Exposed project)

Image Credit: Center for Media and Democracy | ALEC Exposed

March 04 2011

23:54

Tim DeChristopher stands tall despite guilty verdict

“Under a government which imprisons any unjustly, the true place for a just man is also a prison.” Henry David Thoreau on Civil Disobedience

A collective gasp was heard late afternoon yesterday as Tim DeChristopher was found guilty after only 5 hours of jury deliberation. Officially charged with one count of False Statement and one count of violating the Oil and Gas Leasing Reform Act, suddenly everyone was left thinking- did they convict the real criminal?

Much of the last two days of trial had focused on DeChristopher's intent when bidding for BLM land leases. Prosecutor John Hubert argued that DeChristopher intentionally "disrupted, derailed, and sabotaged" the auction. However, defense attorney Ron Yengich painted a different picture:

"He wanted to raise a red flag," he said. "He wanted to make a statement. That’s what he wanted to do. His desire was not to thwart the auction. ... He wanted people to think about the consequences that the auction was bringing to bear on other people. But it was never his intention to harm anyone."

Maybe if Tim had run into the auction using his paddle to feverishly whack participants to prevent them from bidding, then that could be seen harmful.

But let’s put this into context:

<!--break-->Did Tim cause the deaths of 29 people in a mining accident fueled by poor practices and improper equipment maintenance?

Did Tim cause the deaths of 11 people when an offshore oil rig exploded because of numerous safety violations and regulatory oversights causing millions of barrels of oil to spew into the Gulf for months and effectively decimate local economies and ecosystems?

Or how about the other oil spill last summer that leaked over 800,000 gallons into the Kalamazoo River in Michigan, that remains contaminated over 6 months later?

Did he contaminate acres of Amazon rainforest and years later refuse to clean it up and pay the fines?

Or did he cause a toxic gas leak at a pesticide plant that not only killed 20,000 people but continues to contaminate the water and cripplingly sicken citizens over 25 years after the original event?

No, in fact Tim only picked up a paddle. And now he’s the one facing prison. The worst any of the above companies suffered was a blow to their images.

Be it what it may, this trial has catalyzed the climate movement once again, serving as a call for civil disobedience to stand up to those who would rather have us submit in fear. Ultimately, Tim decided to stand up to injustice when he saw it and is now calling to others to do the same. From his speech outside the courthouse,

"Everything that went on inside that building tried to convince me that I was alone, and that I was weak. They tried to convince me that I was like a little finger, out there on my own, that can easily be broken. And all of you out here were the reminder, for all of us, that I was... connected to a hand, with many fingers, that could unite as one fist. And that fist could not be broken by the power in there... All those authorities in there wanted me think like a finger. But our children are calling to us, to think like a fist."

Likewise, the cries of heroism have reverberated around the blogosphere and beyond. Bill McKibben penned in his piece on Grist.org,

“If the feds think this prosecution/persecution will deter us from working for a livable planet, they couldn't be more wrong. Tim was brave and alone. We will be brave in quantity.”

Just as Thoreau sat in jail to protest injustices of his day, Tim will now do the same, and bring a spotlight on what we must stand for. The stakes for the planet are high; therefore the stakes for the risks we must take to save it will be high too.

15:26

Do Motives Matter? The DeChristopher Verdict

In the federal trial of Tim DeChristopher, who was convicted on two felony charges for trying to derail an auction oil and gas leases in southern Utah, discussion of motive was stripped away.

March 01 2011

20:54

Oil-Auction Fraud Trial Begins for Utah Man

The defendant called his bids for oil leases an act of civil disobedience motivated by concerns over climate change and the despoiling of public lands by industry.

February 28 2011

23:21

Tim DeChristopher Trial Commences in Salt Lake City

Today in Salt Lake City, climate activist Tim DeChristopher (aka Bidder 70) finally gets his day in court after waiting almost 2 years since his original indictment for disrupting an illegal auction of oil and gas leases that would have opened pristine public lands in Utah to drilling. The district attorney has delayed the trial as many as 6 times as the government hoped DeChristopher would succumb to a plea bargain, but DeChristopher’s legal team has stood firm in demanding a public trial by a jury of his peers so that the public might hear the truth about the original BLM auction, which was a last-minute parting gift to the oil and gas industry from outgoing President George W. Bush.

Back in December 2008, DeChristopher showed up at a controversial oil and gas auction in Utah that was offering leases to companies to drill on environmentally-sensitive public lands, including Nine Mile Canyon and Dinosaur National Monument. An economics student at the time, DeChristopher was troubled by the Bush Administration’s efforts to skirt around required environmental assessments, essentially making the auction illegal in the first place. <!--break-->

Although he originally planned to protest the auction, when DeChristopher walked into the room, he was surprised to find a greeter offering him a paddle to bid. Seizing the opportunity, he went on to buy 116 parcels of land totaling over 148,598 acres. With no intention of actually paying the more than $1.7 million price tag, the auction was shut down and DeChristopher was taken into custody by federal agents. The auction was later canceled when the Obama Administration took office and Interior Secretary Ken Salazar withdrew the leases.
 
But it isn’t the Bush administration that stands trial today for the real crime.  Instead, Tim DeChristopher is going to trial facing two felony counts that could land him 10 years in prison and $750,000 in fines.  

DeChristopher has been working with climate justice action group Peaceful Uprising in an effort to stand up to the government’s bullying:

“The federal government admitted that the auction [DeChristopher] disrupted was illegal,” states Dillon Hase, a board member of Peaceful Uprising. “As soon as Obama took office, Salazar dismissed nearly all the leases, and now they’re putting Tim on trial to scare off other people who are fed up enough with government inaction on the climate crisis to try civil disobedience.”

Indeed, the case has already been knocked down before reaching the courtroom. DeChristopher was going to use the “Necessity Defense” to claim that his actions were the lesser of two evils. However, the judge has put the kibosh on this strategy, which would have allowed DeChristopher to relay his motivations and facts about the auction’s illegality. Denying the ability to state his rationale makes it slightly harder for the jury to decide whether his actions were justified or not. Yet Judge Dee Benson decided his courtroom was not to be a battlefield for “a lengthy hearing on global warming and environmental concerns.” Not too surprising considering the raging bunch of Republicans residing in Utah that put their anti-climate stance into an official bill in 2010.

Working together, DeChristopher and Peaceful Uprising hope to ultimately put an end to the type of federal intimidation tactics he experienced, and to let a jury decide who are the real criminals. Americans have long used civil disobedience to rise up and push for justice and social change. Yet here again the government’s response has been to sue and threaten stiff jail time and fines, hoping that the populace might be scared back to complacency.

One brave young man stood up and said enough is enough.  Had it not been for Tim DeChristopher’s actions as ‘Bidder 70,’ there would likely be drilling rigs tearing up these nationally treasured lands and threatening the climate with more fossil fuel pollution.

Hundreds of supporters have held vigils for DeChristopher and are gathered around the courthouse right now, hoping that the jury recognizes DeChristopher’s heroic act as anything but a crime.  The trial is expected to last through Wednesday. Stay tuned for more trial coverage and reports from the rallies.

December 02 2010

23:48

Salt Lake City Oil Spill: Chevron Pipeline Leaks Thousands of Gallons for Second Time in Six Months

After a Chevron oil pipe has leaked crude oil near the Red Butte Creek in Salt Lake City, Utah for the second time in six months, city and state officials are calling for the oil company to shut down the pipeline indefinitely.

The leak which, was reported by Chevron employees at 11:30 PM on Wednesday, spilled an estimated 100 barrels of oil.  Emergency response crews, with the help of oil booms and earthern berms, were able to stop the flow of oil 50 before it reached the nearby Red Butte Creek.  

In June, the same section of the pipeline failed leading to 800 barrels of oil leaking into the community.  The oil contaminated three waterways: the Jordan river, Red Butte Creek, and the Liberty Park pond.  The U.S. Department of Transportation (DOT) allowed the pipeline to resume operations only eight days after the initial spill.  The DOT determined the pipeline was safe after Chevron conducted five tests of the compromised section.<!--break-->

The oil giant may not receive such an allowance this time around, especially if Salt Lake City mayor Ralph Becker has his way.  Becker has requested the DOT's Public and Hazardous materials Safety Administration shut the pipeline down indefinitely while an independent investigation of the pipeline and the latest incident is conducted.

This morning at a press conference an incensed Becker said, "At this point we cannot trust Chevron.  Chevron has broken the trust we have and the work that's been done to give us a safe pipeline and [our efforts] to protect the community." 

Although Chevron (NYSE: CVX) was not represented at the press conference, the company has stated it will take full responsibility for the oil spill.  The last spill, more major in its scope, saw Chevron receive a $423,600 fine from the U.S. government.  So, just how much responsibility the oil giant will have to assume will be a developing story.

Regardless of the financial and legal ramifications, it will be hard for Chevron to win back the citizens of Salt Lake City, many of whom have condemned the company after this incident.  Zach Frankel, executive director fo the Utah Rivers Council, said, "This outrageous spill demonstrates Chevron's incompetence. Chevron is a bad corporate steward of Utah's environment."

Image credit: Dan Morris

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