The We Are Seneca Lake civil disobedience campaign kicked off on Oct. 25, 2014. Colleen Boland
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Sandra Steingraber, Ph.D., recipient of the Rachel Carson Leadership Award, has lectured before the parliament of the European Union, at various medical conferences, and on college campuses.
'Wake up, humanity! Time is running out!'
At high Noon Sunday, with temperatures heading toward 95 degrees, I'm confident I was not the only one preparing to march through the streets of downtown Philadelphia who recalled that old elementary-school story about the wig-wearing drafters of the Declaration of Independence huddled inside of Independence Hall on a sweltering July day.
"We are ALL Seneca Lake" was the message delivered this morning by prominent environmental leaders Wes Gillingham, program director of Catskill Mountainkeeper, David Braun, co-founder of Americans Against Fracking, and Rachel Marco-Havens, youth engagement director of Earth Guardians during a protest at Stagecoach (formerly Crestwood) gas storage complex along Route 14 in the Town of Reading.
[Editor's note: In October 2014, over massive citizen opposition and in spite of serious health and safety concerns raised by independent scientists, the Federal Energy Regulatory Commission gave final approval to Houston-based Crestwood Midstream to expand gas storage in unlined salt caverns along the shores of Seneca Lake in the heart of New York's wine country. The caverns are left over from a century of salt mining. Immediately after the decision, having exhausted all appeals, the grassroots citizen movement, We Are Seneca Lake, began staging protests at gates of the lakeside compressor station. Since then, more than 600 arrests have taken place, many for trespassing. More than half of these cases have not yet been adjudicated. In late 2015, the posted no-trespass signs demarcating Crestwood's property line were relocated after defense attorneys for the protesters revealed that they were, in fact, posted on public property and that protesters and law enforcement officers were both misinformed about where the actual property line was located. The first trials in the 21-month-long campaign began last week. Tom Angie, whose case is detailed below, was the third protester to face trial. A pretrial motion to present a necessity defense was denied by the Town of Reading Judge.]
The trial of a Seneca Lake gas storage protester ended in dramatic fashion in the Town of Reading Court on Tuesday when Justice Raymond Berry declared a mistrial at the urging of the prosecuting attorneys and accepted a motion from defense attorneys to recuse himself from this and future Seneca Lake protest trials. Berry's rulings came after a strange series of declarations that appeared to indicate both prejudice against the defendant and ignorance of the law.
Defendant Tom Angie, 63, of Aurora in Cayuga County, was charged with violation-level trespass stemming from a Dec. 16, 2014 protest near the main gates of the Crestwood Midstream compressor station near Seneca Lake in the Town of Reading.
Angie's trial today—which was to represent the first trial of gas storage protesters in the Town of Reading Court—began at 10 a.m. By 2 p.m., the prosecutor, Schuyler County assistant district attorney John Tunney, who had put on the stand three witnesses, had just rested his case and chief defense attorney Joseph Heath had just entered a motion for dismissal. At this point, Judge Berry abruptly issued a guilty verdict for Angie.
Clearly flummoxed, prosecutor Tunney explained to the judge that his verdict was premature in light of the fact that defendant Angie had not yet presented his defense or called his own witnesses to the stand.
Heath, noting Tunney's attempt to explain criminal procedure protocols to Judge Berry, respectfully moved that the case be transferred to a law-trained judge. Heath noted that the judge's premature ruling of guilt at this stage showed a fundamental lack of knowledge of basic criminal law, most notably, the right to present a defense.
Heath further said that the fact that the prosecution needed to stop the trial in order to lecture the judge on "the simplest trial procedures" was clear proof that his clients were unable to obtain a fair trial in this court.
In spite of the fact that the prosecutor had just warned the judge that his ruling was premature, Justice Berry then reiterated his verdict, saying, "I still find him guilty."
Heath insisted that the trial could only go forward before a law-trained judge, which Berry is not. Heath noted, "The prosecutor is running this trial."
Sujata Gibson, a second defense attorney, stated that if the judge were going to insist on finding guilt before allowing a defense, then the defendants would simply appeal. She then entered a motion that Berry recuse himself from hearing Angie's case. She asked that the recusal be extended to all future cases of gas storage protesters.
In making her motion, Gibson described for the record a pattern of prejudice, unfair treatment and blatant bias and provided examples. Among them: courtroom observer Daniel Pautz, who was neither a party to the trial nor an officer of the court, was allowed use of his cell phone in the courtroom while she herself, an attorney for the defense, along with all other courtroom observers, had been forbidden cell phones.
According to witnesses, the Bailiff's response, when asked why Pautz alone was allowed to have access to his cell phone inside the courtroom was "because he is with Crestwood."
Pautz, whose legal work focuses on defending property owners against lead paint claims, is an attorney for Crestwood. He was merely an observer in court today.
Justice Berry granted Gibson's motion and agreed to recuse himself in this and all future trials involving Seneca Lake gas storage protesters.
He then asked, "Okay, where are we at?"
The prosecution then moved for an official declaration of mistrial. The defense attorneys offered no objection.
Granting the prosecution's motion for a mistrial, Judge Berry adjourned the court.
Defendant's lawyers with evidence that was never presented. Judge Berry proclaimed Tom Angie Guilty, not once but twice before hearing the defendant's case argued. A mistrial was mutually agreed upon by the prosecution and the defense and was granted.Photo credit: Colleen Boland
In a reaction statement outside of the courtroom, defendant Tom Angie said that while he saw the mistrial and recusal as a victory for We Are Seneca Lake, he was nevertheless deeply shaken by the experience.
"To have somebody look me in the face and say that I was guilty before I had a chance to put on my defense … is chilling. I was not really given my day in court."
Angie, who works as a mechanical design engineer, said that his time spent on legal defense comes at a personal financial cost. "I'm a contractor. When I don't work, I don't get paid, so being hauled into court over and over to defend my First Amendment rights of protest is tough. Like every other average American who wants to exercise my rights, I still have to live. And this affects my livelihood. That concerns me."
Chief defense counsel Joe Heath noted that, even prior to the judge's abrupt guilty verdict at the midpoint of the trial, the prosecution had failed to provide evidence that Angie was standing on Crestwood's property and had already conceded that, at the time of his arrest, the no-trespass signs demarcating the line between public and corporate property were incorrectly located. "In 41 years of practicing law, this is one of the worst mistakes I have ever seen in the courtroom."
Defense counsel Sujata Gibson hailed both the mistrial and the recusal. "This is a victory for the defense and for We Are Seneca Lake. I firmly believe Mr. Angie is not guilty. This is not a game. Each individual has the right to a fair trial."
Out of 606 total arrests in the 21-month-old We Are Seneca Lake campaign, 370 cases remain open. The majority of the adjudicated cases have been dismissed in the interests of justice at the prosecution's request or with their approval, many for admitted lack of evidence of guilt.
Last week, in the Town of Dix Court, Seneca Lake defendants Sue Kinchy and Barbara Barry were both found guilty of trespass.
Early this morning on a hillside above Seneca Lake, actors James Cromwell and John "J.G." Hertzler of Star Trek fame joined 17 area residents in an act of civil disobedience that is part of an ongoing citizen campaign against salt cavern gas storage.
While blockading the main entrance to the Crestwood compressor station, the two actors urged Gov. Cuomo to stand up to the Federal Energy Regulatory Commission (FERC) for green-lighting an expansion of this fracked gas infrastructure project against overwhelming local opposition and for undermining the governor's own stated commitment to a rapid transition to renewable energy.
Starting at 6:45 a.m. and continuing until their arrests by Schuyler County deputies shortly before 7:30 a.m., the protesters blocked all traffic from leaving and entering the facility, including two Crestwood tanker trucks. All 19 were transported to the Schuyler County sheriff's department, charged with disorderly conduct, ticketed and released.
“The prettiest place I've ever seen is right here: the Finger Lakes region of New York … Governor Cuomo, we, the people, do not want to see these pristine lakes turned into cheap, contaminated, industrialized storage facilities for Crestwood and Con Ed. Stand with us, Governor!," John Hertzler, 66, who played Klingon General Martok on Star Trek: Deep Space Nine, said.
"Defend your own program for getting New York State off of fossil fuels and transitioned to renewable energy. FERC—the Federal Energy Regulatory Commission—seeks to keep us chained to the energy of the past and, in so doing, threatens our water, our lands, our safety and the very climate of this, our planet. Boldly go with us, Governor Cuomo, into a renewable energy future."
Hertzler lives in the Finger Lakes region with his family in the town of Ulysses where he serves on the town board.
James Cromwell, 76, who played Zefram Cochrane in Star Trek: First Contact and who was nominated for an Academy Award for his role as Farmer Arthur Hoggett in Babe, called on New Yorkers to join the We Are Seneca Lake movement.
"FERC-approved fracked gas infrastructure projects are taking over our entire state—from the crumbly salt caverns of Seneca Lake, where the gas will be stored, to the pipelines and compressor stations that devastate our farmlands, wetlands and maple groves, all the way to the burner tips of the natural gas-fired power plants that are planned for downstate," he said. "With all of New York under attack by the fossil fuel industry and by the rogue agency called FERC, all New Yorkers now need to stand up, stand together and say no."
Referencing the films in which the two have appeared, protesters held banners and signs that read, “We Are Seneca Lake, Babe/And We Will Not Be FERC-ed" and “Trekkies Against Crestwood-Con Ed Boldly Going Toward Renewables."
The total number of arrests in the 20-month-old We Are Seneca Lake civil disobedience campaign now stands at 604.
Crestwood's methane gas storage expansion project was originally approved by FERC in October 2014 in the face of broad public opposition and unresolved questions about geological instabilities, fault lines and possible salinization of Seneca Lake, which serves as a source of drinking water for 100,000 people. In spite of near-unanimous citizen opposition, FERC's last-minute permit extension on May 16 gave Crestwood's Arlington subsidiary another two years to build out its natural gas storage facility.
Salt cavern storage accounts for only seven percent of total underground storage of natural gas in the U.S. but, since 1972, is responsible for 100 percent of the catastrophic accidents that has resulted in loss of life.
Crestwood also seeks to store two other products of fracking in Seneca Lake salt caverns—propane and butane (so-called Liquefied Petroleum Gases, LPG)—for which it is awaiting a decision by Gov. Cuomo's Department of Environmental Conservation.
Watch today's action here:
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Five feet in diameter and swirling with clouds, a blue and green replica of Planet Earth helped a dozen human inhabitants block three trucks this morning at the main entrance of Crestwood Midstream. The Earth Day-themed civil disobedience action was part of an ongoing campaign against proposed gas storage in Seneca Lake's abandoned salt caverns.
Organized by the direct action group, We Are Seneca Lake, the protesters, plus Earth, formed a blockade on the driveway of the Houston-based gas storage and transportation company shortly after sunrise at 6:45 a.m.
The group held banners that read, “Happy Earth Day! Decarbonize Now" and "We All Are on This [Earth] Together. While blockading, they read aloud together from a new report released this week by the World Resources Institute, which documents alarming new scientific findings about the ongoing climate crisis. Among them: 2015 was the warmest year on record, and the first three months of 2016 each far surpassed the warmest average temperature ever recorded for those months.
"Today is the day before Earth Day and the historic signing of the Paris climate treaty—enjoining the U.S., China and 195 other nations of the world in a pledge to reduce greenhouse gas emissions and to keep global warming below the catastrophic 1.5 degree level," Town of Caroline Councilmember Irene Weiser said in a public statement to fellow blockaders.
"I am proud to stand here today, an elected official, joined by activists from across the region—to say that we stand in solidarity with the people of nations across this one precious earth, with a commitment to hold ourselves and our leaders accountable in upholding that essential promise."
Weiser is an active member of Fossil Free Tompkins, working politically across Tompkins County to reduce dependence on fossil fuels and increase renewable energy construction. Their work includes political action against new fossil fuel infrastructure, including the Crestwood storage facility on Seneca Lake.
The protesters this morning were all charged with disorderly conduct and arrested at about 7:30 a.m. by Schuyler County deputies and transported to the Schuyler County Sheriff's department, where they were ticketed and released.
Among the 12 arrested was a member of the We Are Seneca Lake media team, Michael Dineen. At the time of his arrest, Dineen, who was not part of the blockade, was photographing the protest from across Highway 14. Dineen was also charged with disorderly conduct.
Watch the protest here:
The total number of arrests in the 18-month-old civil disobedience campaign now stands at 549.
"We will not stop blocking the gates of Crestwood until the expansion is canceled," said Nathan Lewis of Hector in Schuyler County who was arrested today. "We will not sit idle as our community is threatened. There is more than one way to vote. We vote with our body and soul when we resist the fossil fuel industry."
Crestwood's methane gas storage expansion project was approved by the Federal Energy Regulatory Commission in October 2014 in the face of broad public opposition and unresolved questions about geological instabilities, fault lines, and possible salinization of Seneca Lake, which serves as a source of drinking water for 100,000 people.
Crestwood also seeks to store two other products of fracking in Seneca Lake salt caverns—propane and butane (so-called Liquefied Petroleum Gases, LPG)—for which it is awaiting a decision by Governor Cuomo's Department of Environmental Conservation.
"It's been six years since the BP oil spill in the Gulf of Mexico; six months since the failure of the methane storage in Aliso Canyon; and over six days since TransCanada's 16,800 gallon dilbit leak into South Dakota farmland," said Debb Guard of Schenectady in Schenectady County who was arrested today. "Earth Day is a time to remind people that water, air and land are still at risk of contamination by the oil and gas industry. Earth Day is also a time to embrace renewable energy sources: solar, wind and geothermal."
Here's the full text of Weiser's Earth Day statement:
Today is the day before Earth Day and the historic signing of the Paris climate treaty—enjoining the U.S., China, and 195 other nations of the world in a pledge to reduce greenhouse gas emissions and to keep global warming below the catastrophic 1.5 degree level. I am proud to stand here today, an elected official, joined by activists from across the region—to say that we stand in solidarity with the people of nations across this one precious Earth, with a commitment to hold ourselves and our leaders accountable in upholding that essential promise.
Forty seven years ago a peace activist named John McConnell proposed Earth Day at a UNESCO conference—with a vision to create a special day each year to draw people together in appreciation of their mutual home and to bring a global feeling of community through the realization of our deepening desire for life, freedom, love, and our mutual dependence on each other.
As a peace activist he considered the devastation caused by pollution as acts of violence against the Earth. One can only imagine what he would have thought about today's desperate measures to unearth fossil fuels by blowing off mountain tops, and raping the ground by injecting poisoned waters. What of the violence of slashing trees and leaving huge scars across our landscape to make way for pipelines? And what of the violence of ocean acidification killing countless species, and the warming waters and habitat loss in the arctic? What of the violent storms, massive floods, fires, droughts, and heat waves that have claimed countless lives? And the violence to the workers who are subjected to unsafe conditions to feed this planet's fossil fuel habit, and the cancers, heart and lung disease, low birth weights to those who live in sacrifice zones? What of the violence that is already visiting the poor in under-developed countries, where sea level rise has caused them to relocate, and where droughts and famine underpin massive uprisings and refugee crises?
As part of his Earth Day proclamation McConnell wrote that “Planet Earth is facing a grave crisis which only the people of the earth can resolve, and in our shortsightedness we have failed to make provisions for the poor as well as the rich to inherit the Earth … and our new enlightenment requires that the disinherited be given a just stake in the Earth and its future."
I am not so naïve as to believe that the disinherited will be given that stake. I believe we have to take it—take it back from the purveyors of violence like ExxonMobil who have lied about the harms their industry causes; take it back from Williams and Cabot for their unconstitutional pipeline, take it back from Crestwood who threatens the drinking water for thousands of people, and take it back from the regulators and elected officials who fail to do their jobs of protecting the public and our future.
And so I am proud to stand here today—not in violence—but in peaceful, loving, hopeful protest—to pledge my commitment to preserving this one and only and beautiful and cherished Earth for future generations.
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Yesterday afternoon, in an old vaudeville music hall in downtown Kingston, New York, Bernie Sanders' campaign held a rally "for clean energy and safe climate" to build support for the presidential candidate and mobilize the Hudson Valley, Catskills and Southern Tier to fight climate change in advance of New York's Democratic primary election on April 19.
Sanders himself was not on hand—nor was he part of the billing. Nevertheless, more than 1,000 people packed the damp, chilly hall to standing room only capacity to hear from anti-fracking leaders, as well as organizers from the campaign itself, who instructed the audience members in the art of door-to-door canvassing, signed them up for tours of duty, and, when the rally ended, sent them out into the community to knock on doors, phone bank and turn out the vote.
Spirits were high. Excitement was palpable. Chants and ovations were loud and long. It was a moment when elements of the grassroots anti-fracking movement in New York State joined hands with the larger political groundswell behind the Sanders campaign.
Serving as master of ceremonies, environmental justice organizer Anthony Rogers-Wright set a tone of urgency.
“We must abolish the system of oppression known as climate change ... We are out of time. We have to get radical ... We are talking about keeping our planet alive. Our children are our landlords; we are renting from them."
Wright pointed out that fracking disproportionately harms people of color, especially in California where 90 percent of fracking wells are located within one mile of communities of color. A come-from-behind win for Bernie in New York, observed Wright, would serve as wind in the sails of Bernie's later primary race in California, as well as bolster anti-fracking efforts there.
Kelleigh McKenzie, a local delegate from the Kingston area who has been organizing for Sanders in the region, said that with Sanders' campaign, “a political movement has arrived in the Hudson Valley" that stands against “the suicide economy," which fracking and other forms of fossil fuel extraction enable.
The recurring themes of the day—the generational and racial inequities of climate change; the lateness of the hour that makes incremental solutions and half-measures ineffectual; the need for bold political leadership; the multiple perils that fracking poses for climate, water and public health—were made by several speakers, including tribal rights attorney and Honor the Earth campaigns director Tara Houska, 350.org founder Bill McKibben (participating via Skype) and anti-fracking activist and filmmaker Josh Fox.
I also addressed the crowd. Here is a transcript of my remarks:
Hi everybody. My name is Sandra Steingraber and I occupy the anti-fracking wing of the climate justice movement.
I bring you warm greetings from the snowy shores of Seneca Lake where an uprising of brave citizens winemakers, nurses, farmers, teachers, veterans, chefs, moms, dads, granddads and great grandmothers are peaceably standing up to a Houston-based gas company called Crestwood which seeks to turn our beloved lake shore into a massive gas station for the products of fracking.
It's a plan that threatens not only the climate but also a source of drinking water for 100,000 people. That contested lakeshore is our Greensboro lunch counter.
But I left the shores of Seneca Lake to join you on the banks of the mighty Hudson, not as a partisan of that struggle, nor as a co-founder of New Yorkers Against Fracking—which is how you may know me. Today, I am casting off those hats and speaking to you out of two even more fundamental identities—as a biologist and as a mother.
Biology and motherhood are deeply entwined for me. My own mother was also a biologist and, because I was her adopted daughter, she helped me to see that the whole living world—all flora and fauna contained therein—was my family tree.
Thus, my first memory is cracking open fossils with my mom on the front stoop of our home. That project gave me a sense of ancestry. By age six, I had straightened out all of my little friends on the question of where babies came from. By nine, I had my own microscope. With these gifts from my mother, came lessons about the interconnectivity of creation.
One of every three bites of food is brought to us by the efforts of insect pollinators. The oxygen in one in every two breaths of air we breathe is brought to us by the ocean's plankton via the miracle of photosynthesis.
In turn, we animals and humans exhale carbon dioxide, which has the ability to trap the sun's heat and so keeps us warm at night, preventing the oceans from freezing over after the sun goes down. It's a perfect balance between plants and animals that allows living organisms to sustain the conditions of life that make more life possible, which is why, as environmental attorney Joseph Guth reminds us, a functioning biosphere is worth everything we have.
Now that I have kids of my own and now that I make my living as a systems ecologist, here's what I can tell you:
By trying to run our economy by shattering the bedrock of our nation to exhume oil and methane via fracking, we are destroying and poisoning the nation's drinking water sources in the aquifers deep below our feet. And because methane is a such a powerful heat-trapping gas that cannot be wholly contained in the piles of rubble left behind, we are also exacerbating climate change in the atmosphere high above our heads—at a time when we urgently need to be coming up to the rescue with renewable energy.
Fracking is not safe and can't be made safe. That's what science shows, and those findings are a direct threat to my own two children, who are 65 percent water by weight. My children's safety depends on safe sources of water. Their future depends on functioning pollinator systems to provide them food and thriving plankton stocks to make oxygen for them to breathe.
Science shows pollinators and plankton stocks are now in trouble. Hence, it's my job as a mother to engage with the biological consequences of climate change precisely because it's my job as a mother to keep my kids from harm and plan for their future.
I can't do my job as a mother in a fractured America.
I can tell you what I saw in a Romanian village where I was invited to give a lecture on the public health impacts of fracking and where my 12 year old son and I were both pepper-sprayed by military police acting as a private security force for a fracking operation run by the U.S. company called Chevron.
An old woman said to me, “We waited 50 years for Americans to show up here, and you brought Chevron." It was she who explained to me the foreign policy objectives for opening eastern Europe to U.S. fracking operations.
I can tell you what I saw at the climate treaty negotiations in Paris last December. Renewable energy CEOs, and their would-be financiers, urged political leaders to give them a clear, strong signal that indicates the energy revolution has begun. At the same time, the world's climate scientists warned those same political leaders that we're out of time and that signal must come now.
As a biologist, I am looking for a presidential candidate who can be realistic about this science, which says that we cannot frack our way to climate stability.
As a mother, I am looking for a Presidential candidate who can recognize an emergency when they see one, who knows, as the poet Audre Lorde reminds us that “the master's tools will never dismantle the master's house."
As a citizen, I am looking for a presidential candidate who knows a government tasked with ensuring security and domestic tranquility, cannot do so when seawater is sloshing through New York's subway tunnels or when vineyards of wine grapes—the economic goose that lays the golden egg in my part of New York—have to compete with flare stacks compressor stations and pipelines. Or when we keep the lights on by shoveling fossil fuels into ovens and lighting them on fire and so threaten to tear up what Abraham Lincoln called our nation's “salubrity of climate" that makes agriculture possible.
In 1979, my mother and I became became co-cancer patients together. Her advice to me was, “Don't let them bury you before you are dead." She was dealt a very tough prognosis at age 46, and yet she went on to defy all prediction, outlived three oncologists, and is now 85 years old.
So, I offer my own mother's advice to the Sanders' campaign and to all of you.
We are not here to simply express our hope for a strong, clear signal on renewable energy from the executive office. We are here to make it so and change providence itself. That's the spirit that allowed New Yorkers, against all prediction, to evict the frackers from our state and ban fracking now and forevermore.
Against all prediction, fellow New Yorkers, let's help elect the nation's first keep-it-in-the-ground president, willing to defend our bedrock, our water and our climate from those who would thrown our own children under the bus to line their fossilized pockets.
Let's make it so.
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