Anti-Protest Legislation Is Threatening Our Climate
By Maggie Ellinger-Locke
We only have about a decade to reverse course on the climate crisis. Activism opposing fossil fuel pipelines is needed more than ever. But activists are facing threats to their right to protest in state legislatures across the country. Lawmakers are introducing legislation to restrict the right to protest. These bills are often modeled on resolutions drafted by companies and passed through groups like the American Legislative Exchange Council (ALEC), the secretive group of corporate lobbyists trying to rewrite state laws to benefit corporations over people, and are usually supported by law enforcement groups. Advocates are fighting back, urging elected officials to vote against these bills. But even the mere introduction of these bills has the power to chill speech and curtail activism.
The International Center for Not-for-Profit Law has been tracking these bills where you can see nearly 100 have been introduced, so far.
The bills are not seeking to target protest generally, they are much more sneaky than that. Let me break it down.
There are several categories of bills that have been introduced and in some cases, enacted: anti-boycott legislation, bills that limit collective bargaining, bills that increase criminal penalties for protests against fossil fuel pipelines, bills that enhance criminal penalties for highway shut down protests, bills restricting the rights of students to oppose hate speech college campuses, and more.
Each category of bills attempts to criminalize a particular movement tactic, often to increase criminal penalties for already illegal conduct.
The trend emerged in 2015 and was first used against the boycott, divestment, and sanctions movement in support of the Palestinian rights. Anti-boycott legislation has been introduced, and in some cases enacted, on the federal level and in all but nine states. Another example is following large wildcat strikes in several states, bills have been introduced to limit the collective bargaining rights of public sector teachers unions. Bills targeting campus speech have been filed in response to student protests against white supremacists. And anti-mask wearing laws — which historically were designed to target the Klan — are now used to target anti-fascists.
But this was just the beginning.
By far the largest category of bills is designed to impact the Movement for Black Lives, which has used highway protests as one of its most successful tactics. Lawmakers introduced legislation that would increase penalties for these protests, and even bills that would remove liability for drivers who hit such protesters with their car. Thus far no anti-liability bills have actually been enacted, but this is hardly a victory, as introducing these bills discourages people from getting involved in the fight for racial justice.
And climate and anti-pipeline activists are also at risk. Fossil fuel pipeline protests, like we saw at Standing Rock and elsewhere, have been another target of those interested in passing these bills. The bills claim to protect "critical infrastructure" but are actually used to criminalize Water Protectors and environmental activism. The first of these bills was introduced and enacted in Oklahoma in 2017, a state with significant oil and gas interests, and the second largest Indigenous population in the country. When voting on these laws, Oklahoma legislators made clear that these bills were a direct response to pipeline protests.
Since that time, these bills have been introduced in nearly two dozen states, and enacted in five, though several more states are currently considering these bills.
Generally, critical infrastructure bills share several common elements. (1) They create new criminal penalties for already illegal conduct — for example, turning misdemeanor trespass (a common charge for civil disobedience) into a felony. (2) They broadly redefine the term "critical infrastructure" to include everything from cell phone towers to trucking terminals; far greater than the fossil fuel pipelines the bills purport to protect. (3) The bills also seek to create liability for organizations that support protesters by treating such support as a criminal conspiracy.
We've seen this latter element play out in another form: strategic lawsuits against public participation (SLAPPs), like the one Energy Transfer, the company behind the Dakota Access Pipeline, brought against Greenpeace offices and others. The original lawsuit filed against Greenpeace sought 900 million dollars in treble (triple) damages under RICO, but a federal court recently dismissed the RICO claims with prejudice.
Under these new laws, the punitive fine organizations face can be as much as ten times the amount an individual might face. Energy Transfer is one of several companies that has been lobbying for these bills. The American Petroleum Institute — the lobbying arm of the industry — is also behind much of this.
We've got just over a decade to curb the worst effects of climate change. At a time where climate action is needed more than ever, our lawmakers must say no to fossil fuels and work to keep them in the ground. This session critical infrastructure bills have been introduced in 13 states, primarily in the Midwest. If you live in one of these states, contact your lawmakers and ask them to vote no. And let your friends and family know they can make a difference by speaking out. Time is running out. Take action and resist these attempts to silence dissent.
Maggie Ellinger-Locke is a staff attorney at Greenpeace USA.
By Melissa Gaskill
Two decades ago scientists and volunteers along the Virginia coast started tossing seagrass seeds into barren seaside lagoons. Disease and an intense hurricane had wiped out the plants in the 1930s, and no nearby meadows could serve as a naturally dispersing source of seeds to bring them back.
Restored seagrass beds in Virginia now provide habitat for hundreds of thousands of scallops. Bob Orth, Virginia Institute of Marine Science / CC BY 2.0<p>The paper is part of a growing trend of evidence suggesting seagrass meadows can be easier to restore than other coastal habitats.</p><p>Successful seagrass-restoration methods include <a href="https://www.sciencedirect.com/science/article/abs/pii/S0304377099000078?via%3Dihub" target="_blank">transplanting shoots</a>, <a href="https://onlinelibrary.wiley.com/doi/10.1111/j.1061-2971.2004.00314.x" target="_blank" rel="noopener noreferrer">mechanized planting</a> and, more recently, <a href="https://www.nature.com/articles/s41467-020-17438-4" target="_blank" rel="noopener noreferrer">biodegradable mats</a>. Removing threats, proximity to donor seagrass beds, planting techniques, project size and site selection all play roles in a restoration effort's success.</p><p>Human assistance isn't always necessary, though. In areas where some beds remain, seagrass can even recover on its own when stressors are reduced or removed. For example, seagrass began to recover when Tampa Bay improved its water quality by reducing nitrogen loads from runoff by roughly 90%.</p><p>But more and more, seagrass meadows struggle to hang on.</p><p>The marine flowering plants have declined globally since the 1930s and currently disappear at a rate equivalent to a football field every 30 minutes, according to the <a href="https://www.unep.org/resources/report/out-blue-value-seagrasses-environment-and-people" target="_blank" rel="noopener noreferrer">United Nations Environment Programme</a>. And research published in 2018 found the rate of decline is <a href="https://agupubs.onlinelibrary.wiley.com/doi/full/10.1029/2018GB005941" target="_blank" rel="noopener noreferrer">accelerating</a> in many regions.</p><p>The causes of decline vary and overlap, depending on the region. They include thermal stress from climate change; human activities such as dredging, anchoring and coastal infrastructure; and intentional removal in tourist areas. In addition, increased runoff from land carries sediment that clouds the water, blocking sunlight the plants need for photosynthesis. Runoff can also carry contaminants and nutrients from fertilizer that disrupt habitats and cause algal blooms.</p><p>All that damage comes with a cost.</p>
The Value of Seagrass<p>As with ecosystems like rainforests and <a href="https://therevelator.org/mangroves-climate-change/" target="_blank">mangroves</a>, loss of seagrass increases carbon dioxide emissions. And that spells trouble not just for certain habitats but for the whole planet.</p><p>Although seagrass covers at most 0.2% of the seabed, it <a href="https://www.unenvironment.org/news-and-stories/story/seagrass-secret-weapon-fight-against-global-heating" target="_blank">accounts for 10%</a> of the ocean's capacity to store carbon and soils, and these meadows store carbon dioxide an estimated 30 times faster than most terrestrial forests. Slow decomposition rates in seagrass sediments contribute to their <a href="https://www.researchgate.net/publication/238506081_Assessing_the_capacity_of_seagrass_meadows_for_carbon_burial_Current_limitations_and_future_strategies" target="_blank" rel="noopener noreferrer">high carbon burial rates</a>. In Australia, according to <a href="https://onlinelibrary.wiley.com/doi/10.1111/gcb.15204" target="_blank" rel="noopener noreferrer">research</a> by scientists at Edith Cowan University, loss of seagrass meadows since the 1950s has increased carbon dioxide emissions by an amount equivalent to 5 million cars a year. The United Nations Environment Programme reports that a 29% decline in seagrass in Chesapeake Bay between 1991 and 2006 resulted in an estimated loss of up to 1.8 million tons of carbon.</p>
Eelgrass in the river delta at Prince William Sound, Alaska. Alaska ShoreZone Program NOAA / NMFS / AKFSC; Courtesy of Mandy Lindeberg / NOAA / NMFS / AKFSC<p>Seagrasses also protect costal habitats. A healthy meadow slows wave energy, reduces erosion and lowers the risk of flooding. In Morro Bay, California, a 90% decline in the seagrass species known as eelgrass caused extensive erosion, according to a <a href="https://www.sciencedirect.com/science/article/abs/pii/S0272771420303528?via%3Dihub" target="_blank" rel="noopener noreferrer">paper</a> from researchers at California Polytechnic State University.</p><p>"Right away, we noticed big patterns in sediment loss or erosion," said lead author Ryan Walter. "Many studies have shown this on individual eelgrass beds, but very few studies looked at it on a systemwide scale."</p><p>In the tropics, seagrass's natural protection can reduce the need for expensive and often-environmentally unfriendly <a href="https://www.nioz.nl/en/news/zeegras-spaart-stranden-en-geld" target="_blank" rel="noopener noreferrer">beach nourishments</a> regularly conducted in tourism areas.</p><p>Seagrass ecosystems improve water quality and clarity, filtering particles out of the water column and preventing resuspension of sediment. This role could be even more important in the future. By producing oxygen through photosynthesis, meadows could help offset decreased oxygen levels caused by warmer water temperatures (oxygen is less soluble in warm than in cold water).</p><p>The meadows also provide vital habitat for a wide variety of marine life, including fish, sea turtles, birds, marine mammals such as manatees, invertebrates and algae. They provide nursery habitat for <a href="https://wedocs.unep.org/bitstream/handle/20.500.11822/32636/seagrass.pdf?sequence=1&isAllowed=y" target="_blank" rel="noopener noreferrer">roughly 20%</a> of the world's largest fisheries — an <a href="https://www.floridamuseum.ufl.edu/science/seagrass-meadows-harbor-wildlife-for-centuries/" target="_blank" rel="noopener noreferrer">estimated 70%</a> of fish habitats in Florida alone.</p><p>Conversely, their disappearance can contribute to die-offs of marine life. The loss of more than 20 square miles of seagrass in Florida's Biscayne Bay may have helped set the stage for a widespread <a href="https://www.wlrn.org/2020-08-14/the-seagrass-died-that-may-have-triggered-a-widespread-fish-kill-in-biscayne-bay" target="_blank">fish kill</a> in summer 2020. Lack of grasses to produce oxygen left the basin more vulnerable when temperatures rose and oxygen levels dropped as a result, says Florida International University professor Piero Gardinali.</p>
Damaged Systems, a Changing Climate<p>Governments and conservationists around the world have already put a lot of effort into coastal restoration efforts. And that's helped some seagrass populations.</p><p>Where stressors remain, though, restoration grows more complicated. <a href="https://www.rug.nl/research/portal/en/publications/the-future-of-seagrass-ecosystem-services-in-a-changing-world(3a8c56db-7bed-4c9e-ac7f-c72453e2a102).html" target="_blank">Research</a> published this September found that only 37% of seagrass restorations have survived. Newly restored meadows remain vulnerable to the original stressors that depleted them, as well as to storms — and <a href="https://www.ecowatch.com/tag/climate-crisis">climate change</a>.</p>
Seagrass in Dry Tortugas National Park, Florida. Alicia Wellman / Florida Fish and Wildlife / CC BY-NC-ND 2.0<p>In Chesapeake Bay a cold-water species of seagrass is currently hitting its heat limit, especially in summer, according to Alexander Challen Hyman of University of Florida's School of Natural Resources and Environment. As waters continue to warm due to climate change, the species likely will disappear there.</p><p>Climate-driven sea-level rise complicates the problem as well. Seagrasses thrive at specific depths — too shallow and they dry out or are eaten, too deep and there isn't enough light for photosynthesis.</p>
But There’s Good News, Too<p>Luckily, left to its own devices, a seagrass meadow can flourish for hundreds of years, according to a <a href="https://royalsocietypublishing.org/doi/10.1098/rspb.2019.1861" target="_blank" rel="noopener noreferrer">paper</a> published last year by Hyman and other researchers from the University of Florida. The researchers arrived at their conclusion by looking at shells of living mollusks and fossil shells to estimate the ages of meadows in Florida's Big Bend region on the Gulf Coast.</p><p>That area has extensive, relatively pristine seagrass meadows. "Our motivation was to understand the past history of these systems, and shells store a lot of history," said co-author Michal Kowalewski.</p><p>A high degree of similarity between living and dead shells indicates a stable area, while a mismatch suggests an area shifted from seagrass to barren sand. The researchers found that long-term accumulations of shells resembled living ones, suggesting that the seagrass habitats have been stable over time.</p><p>That stability allows biodiversity to thrive, creating conditions where specialist species can survive and flourish, according to Hyman.</p><p>Discovering the long-term stability of seagrass meadows has implications for choosing restoration sites, Kowalewski notes.</p><p>"There must be reasons they thrive in one place, while a mile away they don't and fossil data says they probably never did," he said. "If we remove a seagrass patch, we cannot hope to plant it somewhere else. It's not just the seagrass that is special. The location at which it's found is special, too."</p><p>A better approach is conserving these habitats in the first place, but we're not doing enough of that right now. The UN reports that marine protected areas safeguard just 26% of recorded seagrass meadows, compared with 40% of coral reefs and 43% of mangroves.</p>
EcoWatch Daily Newsletter
Carbon dioxide levels in the atmosphere hit a new record in 2019 and have continued climbing this year, despite lockdowns and other measures to curb the pandemic, the World Meteorological Organization (WMO) said on Monday, citing preliminary data.
- 13 Must-Read Climate Change Reports for 2020 - EcoWatch ›
- Large Methane Leaks Soar 32% Despite Lockdowns and Green ... ›
These black-and-white lizards could be the punchline of a joke, except the situation is no laughing matter.
By Isabella Garcia
September in Portland, Oregon, usually brings a slight chill to the air and an orange tinge to the leaves. This year, it brought smoke so thick it burned your throat and made your eyes strain to see more than 20 feet in front of you.
- 16 Essential Books About Environmental Justice, Racism and Activism ›
- 7 Devastating Photos of Wildfires in California, Oregon and ... ›
- Several West Coast Cities Have the World's Worst Air - EcoWatch ›
- Extremely Rare Leopard Cubs Born in Connecticut Zoo - EcoWatch ›
- Small Wild Cats Face Big Threats Including Lack of Conservation ... ›
- 5 Species Bouncing Back From the Brink of Extinction - EcoWatch ›