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PART II: U.S. Marine Battles TransCanada in Court over Eminent Domain for Keystone XL
[Editor's note: Thanks to Michael Bishop for providing EcoWatch this firsthand account of what happens when a company like TransCanada claims eminent domain on one's property and begins building a tar sands pipeline—the southern leg of the Keystone XL. Unfortunately, this is one of many examples of corporations putting profits before human health and the environment in pursuit of extreme fossil fuel extraction. The good news is that people like Michael Bishop are fighting back. This is the second of a four-part series. Read Part I, Part III and Part IV.]
I served honorably in the U.S. Marine Corps and have never been known to back down from a fight. In June of 2010, I received a phone call from the TransCanada Pipeline representative who informed me that he was at the front of my property with a deputy sheriff and the TransCanada attorney. I went up there, recognized the deputy and asked him "what in the hell was going on?" He told me that he was off-duty and being paid by TransCanada to ensure that "I didn't do anything violent" and introduced me to the attorney, who promptly served me with a Temporary Restraining Order. It was signed by Judge Sinz of the Nacogdoches County Court at Law, ordering me to let their people on the property to conduct their business ancillary to their right of eminent domain. The fight was on. I immediately called the court and told the clerk that this order was ex parte and that I had no say in the matter, and that my side of the story needed to be told. She spoke to the judge who ordered an emergency hearing an hour from the call.
At the hearing, the judge informed me that TransCanada had the right of eminent domain under the law and that this matter was actually out of his hands but he would hear my argument. I informed the judge that a suitable, alternative route had been offered to them and that in the first place, the citizens of Texas passed a Constitutional amendment in 2009 during the gubernatorial election which prohibited the taking of property for "private use." I reminded the judge that my property can only be taken for "public use" and not for private economic gain. I let him know that this was a private, foreign corporation transporting oil to another private, foreign corporation and that this entire process was illegal.
The judge ignored these facts. He did ask TransCanada why they could not utilize the alternative route that I had offered and they explained that my neighbor's "lake" was in the way and that it would "be too expensive to bore under it." I laughed and asked the judge if that were true, why is it that TransCanada can bore under seven major rivers in the state to run this pipeline and cross over hundreds, if not thousands of creeks and streams? I lost the fight but it angered me to action.
I then began intensive research on TransCanada and what I found out both frightened me and gave me strength to channel the anger I had at that time. I refused their one offer they made me on the land and in my counter-offer, explained that the property was worth $125,000 and not the $8,063 they were offering. In that letter, I told them I did not recognize their right of eminent domain.
I did not hear anything until much later, when I received a lawsuit for condemnation in the same county court. At this point, I began searching for an attorney to represent me and contacted every non-profit environmental group I could find on the internet, to no avail. I finally contacted a local attorney who said she had experience in condemnation suits and would take the case, which she did. From the very beginning, I explained to her that I would not settle under any circumstances and that I was basing my argument on Constitutional grounds. We went to the condemnation hearing and they ruled against me and for TransCanada in the amount of $10,080 "fair and just compensation" for the right of way on my property. I refused that offer. Before we left the courthouse, she and the attorney for TransCanada spoke and I was offered $20,000. I again refused.
The offers continued for several months and while I was preparing evidence for my attorney, she was trying to settle the case. I refused any and all offers and explained that I wanted to prove that they were guilty of fraud.
In March of 2012, I received an email from my attorney who informed me that the people holding the mortgage on my property, the Texas Veterans Land Board, were going to "foreclose on me if I refused to take a settlement offer" that she, the attorney for the Attorney General of Texas (representing the Land Board) and the TransCanada attorney were forging. I was pissed off. I had not been in foreclosure with the Veterans Land Board and they had no grounds to foreclose on the property. My attorney told me that this was the reality and it was up to me from this point forward.
For some strange reason, we did not hear anything back from them until November 2012 when I was told that the TransCanada attorney was requesting a mediation hearing with a third party mediation firm. I was given 48 hours to get to Austin, Texas where we met in an office from 9 a.m. to almost 4 p.m. I never met with the attorney for the Texas Veterans Land Board (Megan Neal) nor did I ever see or speak to James Freeman, the TransCanada attorney. I did have a witness at the negotiation however, for my protection. It was my intention to walk out of there, fire my attorney and bring a suit against TransCanada for fraud. Around 3 p.m., after sitting in that room watching the clock go by, the mediation attorney and my lawyer came in. They both informed me that TransCanada had one final offer and that if I did not take it, the Veterans Land Board would foreclose on my property immediately and the only money I would receive in compensation would be the original award by the Special Commissioners on the condemnation right of way. TransCanada agreed to pay off the balance with the Texas Veterans Land Board, pay the state attorney fees, pay my attorney fees and then give me compensation in the amount of $20,000, more or less for damage to the property.
Under all common law, including Texas law, this is coercion and the agreement was signed under great duress. This cannot be argued. I signed. Within two weeks of this event, I turned around and filed a lawsuit against the Texas Railroad Commission, the permitting agency that gave TransCanada the permit to construct, and then filed a suit against TransCanada for injunctive relief and rescission of contract.
Tom Weis served as contributing editor in this series.
Visit EcoWatch’s KEYSTONE XL page for more related news on this topic.
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By Tom Duszynski
The coronavirus is certainly scary, but despite the constant reporting on total cases and a climbing death toll, the reality is that the vast majority of people who come down with COVID-19 survive it. Just as the number of cases grows, so does another number: those who have recovered.
In mid-March, the number of patients in the U.S. who had officially recovered from the virus was close to zero. That number is now in the tens of thousands and is climbing every day. But recovering from COVID-19 is more complicated than simply feeling better. Recovery involves biology, epidemiology and a little bit of bureaucracy too.
How does your body fight off COVID-19?<p>Once a person is exposed the coronavirus, the body starts producing <a href="https://www.mblintl.com/products/what-are-antibodies-mbli/" target="_blank">proteins called antibodies to fight the infection</a>. As these <a href="https://www.statnews.com/2020/03/27/serological-tests-reveal-immune-coronavirus/" target="_blank">antibodies start to successfully contain the virus</a> and keep it from replicating in the body, symptoms usually begin to lessen and you start to feel better. Eventually, if all goes well, your immune system will completely destroy all of the virus in your system. A person who was infected with and survived a virus with no long-term health effects or disabilities has "recovered."</p><p>On average, a person who is infected with SARS-CoV-2 will feel ill for about seven days from the onset of symptoms. Even after symptoms disappear, there still may be small amounts of the virus in a patient's system, and they should stay <a href="https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html" target="_blank">isolated for an additional three days</a> to ensure they have truly <a href="https://health.usnews.com/conditions/articles/coronavirus-recovery-what-to-know" target="_blank">recovered and are no longer infectious</a>.</p>
What about immunity?<p>In general, once you have recovered from a viral infection, your body will keep cells called lymphocytes in your system. These cells "remember" viruses they've previously seen and can react quickly to fight them off again. If you are exposed to a virus you have already had, your antibodies will likely stop the virus before it starts causing symptoms. <a href="https://dx.doi.org/10.5114%2Fceji.2018.77390" target="_blank">You become immune</a>. This is the <a href="https://www.ncbi.nlm.nih.gov/books/NBK27158/" target="_blank">principle behind many vaccines</a>.</p><p>Unfortunately, immunity isn't perfect. For many viruses, like mumps, immunity can wane over time, leaving you <a href="https://www.sciencedaily.com/releases/2016/04/160421145747.htm" target="_blank">susceptible to the virus in the future</a>. This is why you need to get revaccinated – those "booster shots" – occasionally: to prompt your immune system to make more antibodies and memory cells.</p><p>Since this coronavirus is so new, scientists still don't know whether people who recover from COVID-19 are <a href="https://www.cdc.gov/coronavirus/2019-ncov/hcp/faq.html" target="_blank">immune to future infections of the virus</a>. Doctors are finding antibodies in ill and recovered patients, and <a href="https://www.cdc.gov/coronavirus/2019-ncov/hcp/clinical-guidance-management-patients.html" target="_blank">that indicates the development of immunity</a>. But the question remains how long that immunity will last. Other coronaviruses like <a href="https://doi.org/10.1002/jmv.25685" target="_blank">SARS and MERS produce an immune response</a> that will protect a person at least for a short time. I would suspect the same is true of SARS-CoV-2, but the research simply hasn't been done yet to say so definitively.</p>
Why have so few people officially recovered in the US?<p>This is a dangerous virus, so the Centers for Disease Control and Prevention is being extremely careful when deciding what it means to recover from COVID-19. Both medical and testing criteria must be met before a person is <a href="https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in-home-patients.html" target="_blank">officially declared recovered</a>.</p><p>Medically, a person must be fever-free without fever-reducing medications for three consecutive days. They must show an improvement in their other symptoms, including reduced coughing and shortness of breath. And it must be at least seven full days <a href="https://health.usnews.com/conditions/articles/coronavirus-recovery-what-to-know" target="_blank">since the symptoms began</a>.</p><p>In addition to those requirements, the CDC guidelines say that a person must test negative for the coronavirus twice, with the <a href="https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/care-for-someone.html" target="_blank">tests taken at least 24 hours apart</a>.</p><p>Only then, if both the symptom and testing conditions are met, is a person officially considered recovered by the CDC.</p><p>This second testing requirement is likely why there were so few official recovered cases in the U.S. until late March. Initially, there was a <a href="https://www.nytimes.com/2020/03/18/health/coronavirus-test-shortages-face-masks-swabs.html" target="_blank">massive shortage of testing in the U.S.</a> So while many people were certainly recovering over the last few weeks, this could not be officially confirmed. As the country enters the height of the pandemic in the coming weeks, focus is still on <a href="https://www.cdc.gov/coronavirus/2019-nCoV/hcp/clinical-criteria.html" target="_blank">testing those who are infected</a>, not those who have likely recovered.</p><p>Many more people are being tested now that states and private companies have begun <a href="https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/testing-in-us.html" target="_blank">producing and distributing tests</a>. As <a href="https://www.dispatch.com/news/20200406/coronavirus-in-ohio-from-its-rocky-start-testing-for-covid-19-slowly-ramping-up" target="_blank">the number of available tests increases</a> and the pandemic eventually slows in the country, more testing will be available for those who have appeared to recover. As people who have already recovered are tested, the appearance of any new infections will help researchers learn <a href="https://www.statnews.com/2020/03/24/we-need-smart-coronavirus-testing-not-just-more-testing/" target="_blank">how long immunity can be expected to last</a>.</p>
Once a person has recovered, what can they do?<p>Knowing whether or not people are immune to COVID-19 after they recover is going to determine what individuals, communities and society at large can do going forward. If scientists can show that recovered patients are immune to the coronavirus, then a person who has recovered could in theory <a href="https://www.vox.com/2020/3/30/21186822/immunity-to-covid-19-test-coronavirus-rt-pcr-antibody" target="_blank">help support the health care system</a> by caring for those who are infected.</p><p>Once communities pass the peak of the epidemic, the number of new infections will decline, while the number of <a href="https://www.newsweek.com/china-says-passed-peak-coronavirus-epidemic-covid-19-1491863" target="_blank">recovered people will increase</a>. As these trends continue, the risk of transmission will fall. Once the risk of transmission has fallen enough, community-level isolation and social distancing orders will begin to relax and businesses will start to reopen. Based on what other countries have gone through, it will be <a href="https://www.nature.com/articles/d41586-020-00154-w" target="_blank">months until the risk of transmission is low</a> in the U.S.</p><p>But before any of this can happen, the U.S. and the world need to make it through the peak of this pandemic. Social distancing works to slow the spread of infectious diseases and <a href="https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/what-you-can-do.html" target="_blank">is working for COVID-19</a>. Many people will <a href="https://www.yalemedicine.org/stories/2019-novel-coronavirus/" target="_blank">need medical help to recover</a>, and social distancing will slow this virus down and give people the best chance to do so.</p>
By Elizabeth Claire Alberts
The future for the world's oceans often looks grim. Fisheries are set to collapse by 2048, according to one study, and 8 million tons of plastic pollute the ocean every year, causing considerable damage to delicate marine ecosystems. Yet a new study in Nature offers an alternative, and more optimistic view on the ocean's future: it asserts that the entire marine environment could be substantially rebuilt by 2050, if humanity is able to step up to the challenge.
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By Zulfikar Abbany
Bread has been a source of basic nutrition for centuries, the holy trinity being wheat, maize and rice. It has also been the reason for a lot of innovation in science and technology, from millstones to microbiological investigations into a family of single-cell fungi called Saccharomyces.
Chemical leavening<p>If you like a little heft in your loaf, you will need a leavening agent.</p><p>For those short on time, you can use baking soda. That's a chemical compound of sodium bicarbonate mixed with potassium bitartrate, or cream of tartar.</p><p>Soda breads have their traditions in parts of eastern and central Europe, and in Ireland and Scotland, with Melrose loaves and "farls."</p><p>They can taste a bit bland, though, and are often considered only as an emergency solution on Sundays. No disrespect intended: They taste just fine fresh from the oven.</p><p>Whether it's chemical or more "natural," leavening relies largely on the production of carbon dioxide.</p><p>When you mix an acid, such as vinegar, buttermilk, yogurt or apple cider, with an alkaline compound like baking soda, you get CO2. That CO2 creates bubbles, which in turn capture steam in the oven and allow a bread to rise.</p><p><span></span>But it's better with yeast. Tastes better, too. It just takes more time. </p>
What is yeast?<p>There are yeasts all around us — on grains, in the air, in biofuels. It even lives inside us, but that's not always a good thing.</p><p><a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1090575/pdf/1471-2334-5-22.pdf" target="_blank">Candida yeast</a> can cause infections of the skin, feet, mouth, penis or vagina if it builds up too much in the body.</p><p>One of the most common yeasts, however, is <em>Saccharomyces cerevisiae</em>. That's <a href="https://www.dw.com/en/an-early-beer-archaeologists-tap-ground-at-worlds-oldest-brewery/a-45480731" target="_blank">"brewer's"</a> or "baker's" yeast.</p><p>You can get fresh baker's yeast, often in 42-gram (1.48-ounce) cubes, or as dried yeast (quick action or active, which requires rehydration) in a sachet of 7 grams.</p><p>There's little difference: One is compressed and the other is dehydrated and granulated. But they do the same thing, essentially. </p><p>Some commercial yeast producers add molasses and other nutrients. But natural yeast has plenty of useful nutrients in it anyway, including B group vitamins, so who knows whether it's good or necessary to add them. </p>
How does yeast work?<p>When you mix flour, yeast and water, you set off a veritable chain reaction. Enzymes in the wheat convert starch into sugar. And the yeast creates enzymes of its own to convert those sugars into a form it can absorb.</p><p>The yeast "feeds" on the sugars to create carbon dioxide and alcohol. The yeast burps and farts, releasing gases into the mix, and that creates bubbles to trap CO2. </p><p>It's a vital fermentation process that breaks down the gluten in the flour and helps make your bread more digestible.</p><p>The yeast cells split and reproduce, generating lactic and carbonic acid, raising the temperature and ultimately adding flavor to the mix.</p><p>The longer you leave the yeast to do its thing, the better for your bread. Time is more important than the amount of yeast. </p><p>In fact, that's an enduring question — how much yeast? I'll use 20 grams fresh yeast for 500 grams of flour. Others say that's enough yeast for 1 kilo. If you are converting a dry-yeast recipe to fresh yeast, some bakers advise tripling the weight. So, if a sachet of dried yeast is 7 grams, your fresh yeast is 21 grams.</p><p><span></span>But that also depends on the flours you are using, temperatures in the bowl and the room, and a host of other things. You'll just have to experiment and see. No number of books (and I've read a stack on bread) will help as much as trial and error.</p>
Wild yeast: Sourdough<p>So, good bread needs time. If you have a lot of time, why not move it up a notch and grow wild yeast — a sourdough starter — in your own home?</p><p>A sourdough starter is not to be mistaken (as it often is) for the leaven, or "mother," "sponge," or <em>levain</em>. That's more a second stage, a descendant of the starter. You take a scoop from your starter and add it to another flour and water mixture when you prepare the dough for a new loaf. </p><p>The sourdough process utilizes yeasts naturally present in flour and … yet more time. A longer fermentation process allows a richer lactic acid bacteria <em>lactobacilli</em> or LAB to evolve, and that can be healthy for your gut microbiome.</p><p>It's simple enough to start a sourdough starter. All you need is flour, warm water and time.</p><p>Some suggest equal measures of whole-grain flour and water at 28 degrees Celsius (82 degrees Fahrenheit), some say room temperature — just don't let the water exceed 40 C or the yeasts will die. Some suggest two parts flour to three parts water. But it's up to you whether you want a drier or wetter starter. You will know only through experimentation. </p><p>Some say you should filter tap water to remove chemicals like fluoride and avoid using water that's boiled and then cooled. Others say that really doesn't matter.</p><p>The main thing is, keep it clean and give it time. Days, weeks, months and years.</p>
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