No pipelines, no tankers, no problem 3

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drift....

South Dakota Governor Caves on Attempted Efforts to Silence Pipeline Protesters

South Dakota’s governor and attorney general today backed down from their unconstitutional attempts to silence pipeline protestors. In response to a lawsuit we filed alongside the ACLU of South Dakota and the Robins Kaplan law firm, the state has agreed to never enforce the unconstitutional provisions of several state laws that threatened activists who encourage or organize protests, particularly protests of the Keystone XL pipeline, with fines and criminal penalties of up to 25 years in prison.

The settlement agreement reached today and now headed to the court for approval is an important victory for the right to protest. It comes soon after a federal court temporarily blocked enforcement of the pieces of the laws that infringed on First Amendment protected speech, and makes the court’s temporary block a permanent one.

The laws include the “Riot Boosting” Act, which gave the state the authority to sue individuals and organizations for “riot boosting,” a novel and confusing term. The court warned against the laws’ broad reach, noting that the laws could have prohibited:

  • Sending a supporting email or a letter to the editor in support of a protest
  • Giving a cup of coffee or thumbs up or $10 to protesters
  • Holding up a sign in protest on a street corner
  • Asking someone to protest

Under the First Amendment, that is impermissible.

....end drift

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..translation by chromium

Bloc makes three environmental demands it deems pressing Justin Trudeau

quote:

Finally, the Bloc is asking the Trudeau government to drop the Trans Mountain pipeline expansion in Western Canada. Mr. Trudeau has already indicated that he will proceed with the project at any cost.

The Repentigny Bloc MP, Monique Pauzé, deplores the fact that Quebec must end up financing part of this pipeline and part of its expansion .

She adds that it is completely irresponsible for Canada to recognize the climate emergency on the one hand, and on the other hand to help increase greenhouse gas emissions. She added that Mr. Trudeau will not be able to count on any form of support from the Bloc if he persists in this irresponsible way .

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Chilliwack DPAC meeting to discuss oil pipeline expansion through school yards

Parents of students at two Chilliwack schools are being invited by their Parent Advisory Councils (PAC) to a presentation to a meeting on the Trans Mountain Pipeline Expansion Project (TMX) next week.

The existing 66-year-old oil pipeline runs through the school yards at Watson elementary and Vedder middle school, something that has caused some parents concern for years.

The route and the proposed twinning along that same route prompted the Chilliwack board of education to write a letter of opposition to the National Energy Board (NEB).

That unanimous decision came at a September board meeting. Absent, however, were trustees Heather Maahs and Darrel Furgason who have expressed support for TMX, with Furgason calling opposition “paranoid” and “hysteria.”

The pipeline also runs close to Mt. Slesse middle school and Unsworth elementary, as well as across the city’s protected groundwater zone, an area of the Sardis-Vedder Aquifer, the source of the city’s drinking water. It was constructed in 1953 before the schools or much of the surrounding Sardis community was built.

In split decisions, the school board has twice declined offers of cash from Trans Mountain, once in September 2015 and more recently on Feb. 26, 2019.

Trans Mountain has an 18-metre easement along the 1,150-kilometre pipeline that runs from the Alberta oil sands to tidewater in Burnaby. The TMX will require a 42-metre easement so the company, which is owned by the federal government, was offered a $36,000 agreement bonus from Trans Mountain, that on top of the $59,400 for Vedder and $76,950 for Watson if the expansion ever happens.....

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CIBC CEO calls energy Canada's 'family business'

CIBC's chief executive Victor Dodig rallied support for Canada's energy sector, saying it's the country's "family business" and that the shortage of pipeline capacity represents a "critical threat" to our economy.

He added during his comments during a speech in Calgary that the Trans Mountain pipeline expansion project must be done without further debate in parliament or cabinet, as it is "unambiguously in the national interest."

"We all know it, the importance of building the Trans Mountain pipeline and getting it back into private hands cannot be overstated, ideally with the Indigenous communities playing an important role in the ownership structure."

Dodig added in his comments at the Economic Club of Canada on Friday that Canada not only needs to maintain its position as a leader in "responsible energy development," but grow it for "the benefit of Alberta and all Canadians."

His comments come one day after Encana Corp. announced it was moving its corporate headquarters from Calgary to the U.S. and changing its name to Ovintiv Inc.

Dodig said Encana's announcement "underscores the urgency" for action.....

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Big oil tries, and fails, to block an electric vehicle program in Minnesota

We may have just seen the first skirmish in a war between Big Oil and clean energy in Minnesota. And clean energy won.

In 2018, Minneapolis-based electricity and natural gas utility Xcel Energy announced a $25 million pilot program for electric vehicles, or EVs.

As part of the plan, Xcel would support 350 new public charging stations in Minneapolis and St. Paul, serve an all-electric bus line through North Minneapolis, and help enable 100 Xcel customers to make the switch to EVs by providing new charging technologies and allowing cheaper rates overnight and on weekends, which are off-peak hours. The Minnesota Public Utilities Commission approved the project in July, and Xcel began to move forward.

A quick response

The response from the fossil fuel industry was swift. In August, a group of Xcel’s large industrial customers filed a petition with the commission for reconsideration. One backer was Flint Hills Resources of Wichita, Kansas, which operates the Pine Bend Refinery in Rosemount, and is a subsidiary of Koch Industries, the oil empire that has spent millions waging regulatory and lobbying battles across the country to keep utilities from building charging stations. Another backer was Marathon Petroleum of Findlay, Ohio, the largest oil refinery operator in the United States.

The petitioners argued that the commission had no authority to regulate “behind-the-meter” infrastructure such as charging stations — charging in places such as parking lots and garages — and that the utility’s ownership of such infrastructure would not provide a benefit to the public.

The commission disagreed on both points and on Oct. 7 allowed the project to go forward. Among groups submitting comments supporting Xcel’s project were electric vehicle companies, the Minnesota Department of Commerce, five Minnesota environmental groups, and St. Paul Chief Resilience Officer Russ Stark.

“We were pleased that the PUC stood by its original approval of the project,” Stark said. “St. Paul sees this as an important step toward significant reductions in greenhouse gas emissions.”

quote:

The commission’s decision may set the stage for future legal battles over EVs in Minnesota — not to mention political battles. Last month, Gov. Tim Waltz announced that the state’s Pollution Control Agency will require car dealers to carry more hybrids and EVs, starting with the 2023 model year. “If you want to drive your F-150 (pickup) to take your ice house out to the lake, continue to do that,” he told the Star Tribune. “But we’re going to also make sure that there’s ice on that lake in January.”

Joining with other states

By setting car emissions standards at a more stringent level than the federal government’s, Minnesota has followed the lead of California, Colorado, and 12 other states in addressing climate change without help from the president of the United States, who famously and embarrassingly called the crisis a “hoax.” Our state has also joined 20 others in a lawsuit against the Environmental Protection Agency for not enforcing its previously established greenhouse gas emissions standards.....

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Activists Arrested After Blockading Port of Vancouver in Pipeline Protest

In the Pacific Northwest, five activists were arrested for blockading part of the Port of Vancouver, Washington, Tuesday to prevent a shipment of pipeline intended to be used in an expansion of Canada’s Trans Mountain pipeline. Five climbers locked themselves to the dock where the shipment was to be offloaded. This is the latest action demanding that the Port of Vancouver and government officials halt the oil pipeline’s expansion, which would triple the system’s capacity.

 

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First Nation,environmental groups seek leave to appeal pipeline ruling

A British Columbia First Nation and three environmental groups hope to appeal a Federal Court of Appeal decision that limited their ability to challenge the Trans Mountain pipeline expansion in court.

The Tsleil-Waututh Nation, Ecojustice, Raincoast Conservation Foundation and Living Oceans Society announced Tuesday they are seeking leave to appeal to the Supreme Court of Canada.

The Federal Court of Appeal decided in September that it would allow six First Nations, including the Tsleil-Waututh, to challenge the pipeline project but ruled arguments could only focus on the latest round of Indigenous consultation.

The Tsleil-Waututh says the court is wrong not to consider its arguments that Canada failed to justify infringement of its Aboriginal rights and title or obtain its consent for the B.C.-to-Alberta pipeline expansion.

The Federal Court refused to hear any of the environmental groups' arguments, which urged the court to consider the project's risk of a "catastrophic" oil spill and threats to endangered southern resident killer whales.

The Supreme Court does not automatically hear appeals and instead issues a written decision, usually within one to three months, on whether it will consider a case.

Chief Leah Sisi-ya-ama George-Wilson says in a news release the Tsleil-Waututh are confident in their case.

"This appeal is about making sure that the government follows (its) own constitution and statutes when making decisions that impact us all," she says.....

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..from an email

THE ONGOING TMX TANGO

In the category of more good news, the Haida, Heiltsuk and Little Shuswap Nations were granted leave to be heard as intervenors at the Supreme Court in the “bitumen reference”.  This is BC’s legal action to challenge the Trans Mountain pipeline’s proposed route through the province. When the lower court ruled against BC, the province appealed to the Supreme Court of Canada, who have agreed to hear this.  Getting the Nations to Ottawa as intervenors is so important - because so often Indigenous voices aren’t heard by the court. Their concerns are not then seen as something to be reckoned with, and aren’t reflected in court judgments.

quizzical

the project has already started breaking ground and we got 7 pages in the mail detailing what's going on like  explosives  happening etc.

not sure what the court cases are going on for when things on the ground here are happening?

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..where is here? 

quizzical

epaulo right at the start of TMX in BC. Valemount. 

Pondering

quizzical wrote:

the project has already started breaking ground and we got 7 pages in the mail detailing what's going on like  explosives  happening etc.

not sure what the court cases are going on for when things on the ground here are happening?

Lower courts have ruled in favor of the project therefore it is proceeding but if the Supreme Court rules in favor of the challengers the pipeline expansion would have to stop. 

epaulo13 epaulo13's picture

..as far as i know what is happening in valemount may be in violation of the original federal court of appeal decision. when kinder morgan tried to do work after that decision the court found out and ordered it to dismantle what they had done. there is a fine line of work that didn't violate the decision. it's been a while though and i forget the parameters. 

..in any case openly defying the courts is not a real option. not even trump can do that. the court processes will proceed and it's a risk, financial and otherwise, for any work to proceed. i lay the odds in favour of the indigenous case as the second consultation process was as farcical, if not more so, than the first. which was the main reason for the court to stop tmx dead in it's tracks. 

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..from an email

quote:

When the Federal Court of Appeal granted leave for First Nations to appeal the re-approval of the TMX pipeline and tankers, the Pull Together community jumped into action. With your help, we’ve raised an incredible $140k — nearly ⅓ of the way to our goal of $400k. 

And now we are backing new cases. When a judge allowed the court cases of the Tsleil Waututh, Squamish, and Coldwater Nations to go ahead, he significantly narrowed the grounds on which the Nations can challenge the pipeline and tankers project, allowing just a fraction of the legal concerns these Nations have about TMX to be considered. 

The court refused to hear the concerns of environmental groups. There was no room for consideration of infringement of Aboriginal rights and title. Though Canada failed to obtain Indigenous consent for the new Alberta-to-BC pipeline, the court said, in essence: let’s not even go there. 

The Squamish and Tsleil Waututh Nations are going there. In fact, they are taking their arguments all the way to the Supreme Court. They filed their case in concert with Raincoast and Living Oceans Society, whose alarm about orca whale extinction also fell outside of the narrow scope of ‘concerns’ that the judge allowed to be heard. 

“The stakes are at their highest for our Nation and our relationship to this iconic group of orcas – yéw̓yews in the Squamish language,” said Khelsilem, Squamish councillor. “The Southern Residents are at a critical state, and the TMX Project would visit significant adverse effects upon them. It is of utmost importance to our Nation that the courts ensure that Canada complies with its obligations to protect this critically endangered species before the project goes ahead.” 

We expect the original Federal Court of Appeal cases to be heard Dec 16-20. This new appeal to the Supreme Court could impact the scope of the original Court of Appeal cases and, if successful, it also stands to quash the federal approval of Trans Mountain. 

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This map shows every oil and gas spill in Sask. between 2000 and 2018

Information about thousands of oil and gas spills across Saskatchewan has been put into one convenient location by a group of researchers at the University of Regina.

Viewers can click on the map for information about spills in their communities, dating back to the year 2000. The data presented shows 18.9 billion litres of oil and other substances spilled in the province from 2000 to 2018.

“The spills map is all based on publicly available data. So anybody can see this data, it’s not secret, but the problem is people don’t know where to find it,” Patricia Elliott, one of the researchers involved in the project said.

The points on the map show the 14,958 spills that have occurred over the 18 year period. Spills involved bodies of water 578 times. Seventy-one per cent of the spilled substances were reported as recovered, which leaves 77 million litres behind in Saskatchewan soil and water.....

quizzical
epaulo13 epaulo13's picture

..i posted about this earlier. washington folks raising funds to stop tmx.

 Help Mosquito Fleet fight Trans Mountain

Support grassroots direct action against the world's biggest tar sands pipeline!

We just blocked a ship full of tar sands pipe, and we need your help to keep fighting!

In the early morning hours of November 5th, we took to the frigid waters of the Columbia River under the cover of darkness, blocking the arrival of a 24,000 ton ship carrying pipe for construction of the Trans Mountain Pipeline Expansion. Joined by our allies, we shut down the Port of Vancouver, WA for the better part of a day with a team of 25 kayakers, several small craft, and 7 brave climbers who chained themselves to the pier, forcing the ship to temporarily dock elsewhere, causing major subsequent delays for the shipment. 5 activists were eventually arrested.

NDPP

quizzical wrote:

Kanahus' Band withdrew their objections and signed a deal.

https://www.ladysmithchronicle.com/news/b-c-first-nations-drop-out-of-court-challenge-sign-deals-with-trans-mountain/

NDPP wrote:

The Band Council system is an imposed one consisting of administrative units of the Canadian settler-state. It is hardly a surprise to see one of these weak, dependant entities take the money. The system is in fact structured for just this result. Alternatively they can enter a similarly imposed and illegal settler court system in which Indigenous sovereignty is quite simply not on, and pay dearly for whatever just-us the great white father in his robes and high-backed chair decides.

Kanahus Manuel, like her father and grandfather before her is well known as an implacable and indefatigable foe of this sellout system of delegated neocolonialism against which she and other brave resistors continue to stand even as others collaborate and ridicule that resistance. Or worse, profess profuse admiration and support for the sovereignty cause in, say,  the writings of her father, while never dreaming of actually materially supporting any attempt to actually implement it by his daughter. Incidentally,  I thought this was a particularly hilarious bit of nonsense and mendacity from the article:

"*The band continues to hold Canada to a consent-based approach consistent with the United Nations Declaration on the Rights of Indigenous Peoples, he adds..."

*See: http://rabble.ca/comment/5657361#comment-5657361

quizzical

if she isn't  she should be coming to Valemount  next week for the public meeting on putting the worker camp on regional district land.

it's proposed to be put about 1000 meters from my parents farm.

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10 times more land affected by leak from Keystone pipeline than first thought

A crude oil spill from the Keystone pipeline in eastern North Dakota has turned out to have affected almost 10 times the amount of land as first reported, a state regulator said Monday.

North Dakota environmental scientist Bill Suess said the leak reported on Oct. 29 is now estimated by state regulators to have affected about 209,100 square feet (19,426 square metres) of land near Edinburg. State regulators had said the leak affected about 22,500 square feet (2,090 square metres) of land.

Calgary, Alta.-based TC Energy, formerly known as TransCanada, estimated its pipeline leaked an estimated 1.4 million litres of oil. Suess said that estimate has not changed.....

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Snotty Nose Rez Kids - The Warriors

The Warriors is a resistance song made specifically for the Tiny House Warriors' battle against Kinder Morgan.

eta:..this is a report not a plea for money. from an email.

quote:

On Sunday, 300 people sat down to a pancake breakfast in Seattle. Bellies were filled, friendships were forged, and an amazing $15K was added to the legal fund to stop Trans Mountain!

Our campaign is gaining some sweet momentum. With events popping up from Toronto to Portland (https://pull-together.ca/events) , and matching funds doubling every dollar raised, we’re now halfway to our goal of $400k.

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Exposing the Canadian oil sector’s victim complex

This is part four of a four-part series, in which Canada’s National Observer presents a data-based dismantling of the false claim that Alberta’s oil and gas sector has been targeted by a cabal of American foundations.

quote:

Myth 8: Foreign money made all the difference.

It's not foreign foundation money the Alberta oil and gas sector has run into, it's the power of public opinion and the strength of Indigenous and B.C. environmental expertise and culture. Their leaders and activists are seasoned veterans who've been honing their skills for decades.

Above all Indigenous nations' mastery of court challenges cannot be overstated — and court is the ultimate battleground where the fate of the TMX pipeline will be determined.

A straight line can be drawn from the landmark jurisprudence in Sparrow, Delgamuukw and Tsilhqot’in cases to the Federal Court of Appeal's decisions on pipelines.

The Tar Sands Campaign wasn't invented by Rockefellers in a Manhattan boardroom, although a supportive funding model may have been approved there.

Every single technique pipeline opponents have used comes straight out of dog-eared playbooks that First Nations and activists wrote themselves, decades ago.

British Columbians are good at this.

Anyone who forgets that British Columbia is the birthplace of Greenpeace, the Sea Shepherd Society, the Friends of Clayoquot Sound and the Great Bear Rainforest (a joint project with Indigenous nations, industry and local communities) does so at their peril.

Foreign money or no foreign money.

pookie

Just for accuracy re Post #208, the Supreme Court does not give "a written decision" when it dismisses an application for leave to appeal.  If the Court decides not to hear the Indigneous and environmental groups whose applications were dismissed by the Federal Court, we will not know the reasons.

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..txs pookie!

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Kanahus Manuel wins 2019 Eugene Rogers Environmental Award

The Wilderness Committee is awarding the 2019 Eugene Rogers Environmental Award to Kanahus Manuel at their Annual Open House today. 

Kanahus Manuel and her family created the Tiny House Warriors, a group of mostly Secwepemc women who have built and placed five tiny houses strategically in the path of the Trans Mountain pipeline expansion. 

“Kanahus and the Tiny House Warriors are bravely living on the frontlines enduring cold winters, hostile neighbours and police violence,” said National Campaign Director Torrance Coste. “The Wilderness Committee is proud to honour her efforts and show the Tiny House Warriors they do not stand alone.” 

Manuel leads organizing in Secwepemc communities in defence of their territories against the threat of man camps and oil spills, carrying on the work of her father Art Manuel in standing up for Indigenous rights and title.....

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