Why Greenpeace Activists Dangled From a Bridge in Texas — and Face 2 Years in Prison
It was early in the morning last Thursday, and Jonathan Butler was standing on the Fred Hartman Bridge, helping 11 fellow Greenpeace activists rappel down and suspend themselves over the Houston Ship Channel. The protesters dangled in the air most of the day, shutting down a part of one of the country's largest ports for oil.
More than 700,000 barrels of oil passed through the Houston Ship Channel last year, accounting for a third of U.S. crude oil exports. From the bridge, Butler could see the labyrinth of refineries on both sides of the channel — the type of facilities which Texas had recently passed a law to protect. The law was one of a wave of so-called critical infrastructure bills that state lawmakers have enacted across the country to punish protesters who interfere with oil and gas operations.
Butler and roughly two dozen other activists planned to end their protest 24 hours after it started. But before they could, the Harris County Sheriff's Office arrested the Greenpeace activists and charged them with a felony — obstructing critical infrastructure — making them the first people to be charged under the new law. It makes knowingly damaging so-called critical infrastructure a third-degree felony, on par with indecent exposure to a child. If convicted, they could spend two years in prison.
Nicole Debord, a Greenpeace attorney, called the charges "an unusual test case" and said she looks forward to challenging the law. "This arrest didn't have to happen," she said. "The protest was scheduled to end at a certain time, and if law enforcement had just let the protesters be, they would have ultimately just ended the protest and everyone would have walked away."
The Harris County District Attorney's office also charged the protesters with obstructing a highway and trespassing, a misdemeanor that carries up to 180 days in prison and a $2,000 fine. Of the 26 protesters, 22 have been charged with a federal misdemeanor for obstructing navigable waters, which could mean as much as one year in prison and a $2,500 fine. They were all released over the weekend after spending two nights in custody.
In the years after protests against the Dakota Access Pipeline captured national attention, states have rushed to pass laws that levy hefty jail terms and fines for protesting near pipelines, compressor stations, refineries and other infrastructure deemed "critical." So far Texas and seven other states across the Midwest and South have put these laws on the books. Similar legislation has been introduced in at least a dozen others, according to the International Center for Not for-Profit Law, a group that has been tracking legislation criminalizing protest around the country.
Proponents of such laws — many with ties to the fossil fuel industry — have argued that they're necessary to deter rogue activists who might damage oil and gas facilities and put lives at risk. Their opponents point out that laws already exist to punish such activities and that the new wave of laws criminalizes free speech.
The laws are modeled after legislation circulated by the American Legislative Exchange Council, a conservative nonprofit backed by the Koch brothers. The group has been pushing such laws in state legislatures, touting its successes in newsletters. The Texas lawmakers behind the state's critical infrastructure bill attended ALEC conferences in the last few years.
After Louisiana passed one such measure last year, at least 16 protesters have been arrested and charged under the state's "critical infrastructure" law. Three of them, who were trying to block construction of the Bayou Bridge Pipeline, are now fighting the charges and challenging the law in a U.S. district court, claiming it violates their free speech rights.
Brianna Gibson, a Greenpeace activist arrested and charged last week alongside Butler, said the group had picked the Fred Hartman Bridge in part to highlight the disproportionate burden the fossil fuel industry places on black and brown communities in East Houston. Residents in those neighborhoods deal with poorer air quality and a higher risk of cancer than on average in the city.
Gibson, who lives in Chicago and was one of the 11 who rappelled down the side of the bridge, said she felt a responsibility to act because "my family, my community, and the people I love are deeply impacted by issues like environmental racism."
Dane Schiller, a spokesperson for the Harris County district attorney's office, said that the case will be presented to a grand jury, which will decide whether there's sufficient evidence for a felony indictment. "Prosecutors could be personally sympathetic to their message and their cause, but these individuals knowingly and deliberately broke the law," he said.
Although parts of the Houston Ship Channel were shut down for 22 hours, the economic impact appears minimal. Petty Officer Kelly Parker, a spokesperson for the U.S. Coast Guard, told Grist that sections of the ship channel are routinely shut down when fog makes it hard to see. As a result, long lines to pass under the bridge are common, and most operators factor in delays.
Parker estimated that about 300 vessels pass under the Fred Hartman Bridge every day, the vast majority of which are smaller towing and pilot vessels. "Obviously we don't want to shut down any part of the ship channel, but it does happen fairly frequently due to weather," he said.
Both Gibson and Butler worry about what happens if they get a felony conviction. Gibson, a first generation college graduate, is helping support her mother and brother's children. Butler said that life was "difficult enough" as a black and queer person and a conviction would make life "a lot more difficult."
Still, Butler believes the protest was worth it. "The impact of climate change is happening now, and it's going to continue to happen if we don't take bold action. That's what it really comes down to."
This story originally appeared in Grist. It is republished here as part of EcoWatch's partnership with Covering Climate Now, a global collaboration of more than 250 news outlets to strengthen coverage of the climate story.
- Pipeline Protesters Could Face up to 20 Years in Prison Under New ... ›
- Leaked Audio Shows Oil Lobbyist Bragging About Success in ... ›
- Texas Bill Would Make Protesting Pipelines a Felony on Par With ... ›
- UK Jails First Environmental Activists in 86 Years Over Fracking ... ›
Many people shop online for everything from clothes to appliances. If they do not like the product, they simply return it. But there's an environmental cost to returns.
- Are We Doomed If We Don't Curb Carbon Emissions by 2030 ... ›
- California Winery Cuts Carbon Emissions With Lighter Bottles ... ›
- Wealthy One Percent Are Producing More Carbon Emissions Than ... ›
EcoWatch Daily Newsletter
By Dolf Gielen and Morgan Bazilian
John Kerry helped bring the world into the Paris climate agreement and expanded America's reputation as a climate leader. That reputation is now in tatters, and President-elect Joe Biden is asking Kerry to rebuild it again – this time as U.S. climate envoy.
Energy Is at the Center of the Climate Challenge<p>The <a href="https://science2017.globalchange.gov/chapter/1/" target="_blank">effects of climate change</a> are already evident across the globe, from <a href="https://theconversation.com/100-degrees-in-siberia-5-ways-the-extreme-arctic-heat-wave-follows-a-disturbing-pattern-141442" target="_blank">extreme heat waves</a> to <a href="https://science2017.globalchange.gov/chapter/12/" target="_blank">sea level rise</a>. But while the challenge is daunting, there is hope. Solar and wind power have become the <a href="https://www.irena.org/publications/2020/Jun/Renewable-Power-Costs-in-2019" target="_blank">cheapest forms of power generation globally</a>, and technology progress and innovation continue apace to support a transition to clean energy.</p><p>In the U.S. under a Biden administration, long-term national climate legislation will depend on who controls the Senate, and that won't be clear until after two run-off elections in Georgia in January.</p><p>But there is no shortage of <a href="https://www.bloomberg.com/features/2020-biden-climate-change-advice/" target="_blank">ideas for ways Biden</a> could still take action even if his proposals are blocked in Congress. For example, he could use executive orders and direct government agencies to tighten regulations on greenhouse gas emissions; increase research and development in clean energy technologies; and empower states to exceed national standards, <a href="https://www.reuters.com/article/us-autos-emissions-california/defying-trump-california-locks-in-vehicle-emission-deals-with-major-automakers-idUSKCN25D2CH" target="_blank" rel="noopener noreferrer">as California did in the past with auto emission standards</a>. A focus on a just and equitable transition for communities and people affected by the decline of fossil fuels will also be key to creating a sustainable transition.</p><p>The U.S. position as the world's largest oil and gas producer and consumer creates political challenges for any administration. U.S. forays into European energy security are often treated with suspicion. Recently, France blocked <a href="https://www.wsj.com/articles/frances-engie-backs-out-of-u-s-lng-deal-11604435609" target="_blank">a multi-billion dollar contract</a> to buy U.S. liquefied natural gas because of concerns about limited emissions regulations in Texas.</p><p>Strengthening cooperation and partnerships with like-minded countries will be critical to bring about a transition to cleaner energy as well as sustainability in agriculture, forestry, water and other sectors of the global economy.</p>
Creating a Global Sustainable Transition<p>How the world recovers from COVID-19's economic damage could help drive a lasting shift in the global energy mix.</p><p>Nearly one-third of Europe's US$2 trillion economic relief package <a href="https://www.bloomberg.com/news/articles/2020-07-21/eu-approves-biggest-green-stimulus-in-history-with-572-billion-plan" target="_blank" rel="noopener noreferrer">involves investments that are also good for the climate</a>. The European Union is also strengthening its 2030 climate targets, though each country's energy and climate plans will be critical for successfully implementing them. The <a href="https://joebiden.com/clean-energy/" target="_blank" rel="noopener noreferrer">Biden plan</a> – including a $2 trillion commitment to developing sustainable energy and infrastructure – is aligned with a global energy transition, but its implementation is also uncertain.</p><p>Once Biden takes office, Kerry will be joining ongoing <a href="https://www.un.org/en/conferences/energy2021/about#:%7E:text=The%20overarching%20goal%20of%20the,2030%20Agenda%20for%20Sustainable%20Development.&text=Accelerate%20delivery%20of%20United%20Nations,related%20issues%20at%20all%20levels." target="_blank" rel="noopener noreferrer">high-level discussions on the energy transition</a> at the U.N. General Assembly and other gatherings of international leaders. With the U.S. no longer obstructing work on climate issues, the G-7 and G-20 have more potential for progress on energy and climate.</p><p>Lots of technical details still need to be worked out, including international trade frameworks and standards that can help countries lower greenhouse gas emissions enough to keep global warming in check. <a href="https://www.carbonpricingleadership.org/what" target="_blank" rel="noopener noreferrer">Carbon pricing</a> and <a href="https://www.csis.org/analysis/how-can-europe-get-carbon-border-adjustment-right" target="_blank" rel="noopener noreferrer">carbon border adjustment taxes</a>, which create incentive for companies to reduce emissions, may be part of it. A consistent and comprehensive set of national energy transition plans will also be needed.</p><p>The global shift to <a href="https://www.irena.org/publications/2019/Jan/A-New-World-The-Geopolitics-of-the-Energy-Transformation" target="_blank">clean energy will also have geopolitical implications for countries and regions</a>, and this will have a profound impact on wider international relations. Kerry, with his experience as secretary of state in the Obama administration, and Biden's plan to make the climate envoy position part of the National Security Council, may help mend these relations. In doing so, the U.S. may again join the wider community of countries willing to lead.</p>
- 14 States On Track to Meet Paris Targets - EcoWatch ›
- Biden Vows to Ax Keystone XL if Elected - EcoWatch ›
- Biden Names John Kerry as First-Ever Climate Envoy - EcoWatch ›
By Maria Caffrey
As we approach the holidays I, like most people, have been reflecting on everything 2020 has given us (or taken away) while starting to look ahead to 2021.
We Need More Than Listening<p>By now we have all become sadly accustomed to the current administration sidelining scientists, most prominently Dr. Anthony Fauci, because the facts they provide do not fit with the political rhetoric of the moment.</p><p>I have <a href="https://www.csldf.org/2019/08/22/csldf-helps-climate-scientist-maria-caffrey-fight-for-scientific-integrity/" target="_blank">my own history</a> of filing a scientific integrity complaint with the National Park Service (which falls under the Department of the Interior) after senior ranking employees attempted to censor one of my scientific reports. I know all too well the damage and pain that these actions cause, not just for the individual scientist, but also because these <a href="https://www.ucsusa.org/resources/attacks-on-science" target="_blank" rel="noopener noreferrer">attacks on science</a> over the last few years have undermined sound, evidence-based decision making.</p><p>President-elect Biden has repeatedly said that he will <a href="https://thehill.com/homenews/521638-trump-biden-will-listen-to-the-scientists-if-elected" target="_blank" rel="noopener noreferrer">listen to the scientists</a>. While this is certainly a welcome change, listening can only take us so far. This past week Lauren Kurtz from the <a href="https://www.csldf.org/" target="_blank" rel="noopener noreferrer">Climate Science Legal Defense Fund</a> and my colleague <a href="https://www.ucsusa.org/about/people/gretchen-goldman" target="_blank" rel="noopener noreferrer">Gretchen Goldman</a> published <a href="https://www.scientificamerican.com/article/ten-steps-that-can-restore-scientific-integrity-in-government/" target="_blank" rel="noopener noreferrer">an article</a> listing 10 actions the new administration should implement to show their commitment to strengthening government science:</p><ol><li>Clearly prohibit political interference and censorship.</li><li>Protect scientists' communication rights.</li><li>Acknowledge that attempts to violate scientific integrity, even if ultimately not fruitful, are still violations.</li><li>Protect federal scientists' right to provide information to Congress and other lawmakers.</li><li>Commit to incorporating the best science as part of agency decisions.</li><li>Elevate agency scientific integrity policies to have the full force of law.</li><li>Publicly release anonymized information about scientific integrity complaints and their resolutions at every agency.</li><li>Institute an intra-agency workforce, potentially under the White House <a href="https://www.ucsusa.org/sites/default/files/2020-09/strengthening-science-and-si-at-ostp.pdf" target="_blank" rel="noopener noreferrer">Office of Science and Technology Policy</a>, to coordinate scientific integrity efforts across agencies, foster discussion of policy improvements, and standardize criteria for policies across agencies.</li><li>Strengthen whistleblower protections.</li><li>Ensure that policies cover all actors who will be dealing with science.</li></ol>
Time for Action<p>I have spoken to many scientists, particularly federal scientists, who are eager to turn the page so they can hurry back to the work they had been doing before this administration, but I urge caution in assuming that things can be "normal" again.</p><p>Before Trump, I naively thought the scientific integrity policies established during the <a href="https://obamawhitehouse.archives.gov/blog/2016/12/19/scientific-integrity-policies-update" target="_blank">Obama administration</a> would be sufficient. I never imagined that any administration could so willfully ignore and attack expert advice and evidence that is intended to protect us and our public lands.</p><p>I have personally witnessed how hard our federal scientists work. They put in long hours with minimal pay (far less that what they could get if they worked in private industry) to pursue one simple goal: to make things better for the nation.</p><p>We need stronger scientific integrity policies to protect these people and their work. But more than that, we need stronger scientific integrity laws because they also benefit society.</p>
By Andrea Germanos
Environmental campaigners stressed the need for the incoming Biden White House to put in place permanent protections for Alaska's Bristol Bay after the Trump administration on Wednesday denied a permit for the proposed Pebble Mine that threatened "lasting harm to this phenomenally productive ecosystem" and death to the area's Indigenous culture.
<div id="da98c" class="rm-shortcode" data-rm-shortcode-id="478a197b7c59c92787c92bec92f1ac39"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1331662923710693376" data-partner="rebelmouse"><div style="margin:1em 0">Bristol Bay forever, Pebble mine never. #NoPebbleMine #SaveBristolBay https://t.co/CBQ9zuy8A5</div> — Save Bristol Bay (@Save Bristol Bay)<a href="https://twitter.com/SaveBristolBay/statuses/1331662923710693376">1606328156.0</a></blockquote></div>
- Pebble Mine Threatens One of the Last Great Salmon Rivers ... ›
- The Pebble Mine Is Too Toxic Even for the Trump Administration ... ›
- Trump Admin Reverses Obama-Era Restrictions on Pebble Mine ... ›
OlgaMiltsova / iStock / Getty Images Plus
By Gwen Ranniger
In the midst of a pandemic, sales of cleaning products have skyrocketed, and many feel a need to clean more often. Knowing what to look for when purchasing cleaning supplies can help prevent unwanted and dangerous toxics from entering your home.