
Michael Bishop
[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 fourth of a four-part series. Read Part I, Part II and Part III.]
Dogs are territorial and bark at the wind blowing, leaves moving, sounds miles away, strange vehicles and people coming onto your property. I don't care where you live in the world. That is their nature. My dogs are scared to death of these giant machines and bark every time the workers crank up. It is a constant "parade" of TransCanada’s vehicles up and down the line. The construction of Keystone XL is only 120 feet from my house and aside from the rumbling and noise from the engines, the dogs barking for almost 10 hours per day is irritating, to say the least.
Recently, two of my grandchildren, who are used to playing anywhere in the front they want, wandered into the work area, which caused my heart to drop. I’m telling you, these people don't care about anyone or anything now, but by God, they will.
I came to East Texas nearly 30 years ago after spending all of my teen years and most of my adult life along the Houston Ship Channel, working in the oil refineries and chemical plants. I see beauty everywhere but I really like East Texas in the springtime. I bought this property to leave to my children and grandchildren—a legacy, if you will. With my sons, and now my daughter, I have done my best to instill in them the responsibility of stewardship and how to properly take care of Earth and its creatures. I went outside to check the fruit trees in my orchard last week and, as I have for 30 years, marveled at the beauty of the blossoms on the pear, cherry, apple and peach trees. I also had tears in my eyes, because only a few feet away is the pipeline that is going to carry some of the most toxic material found on Earth.
I take great pride, as a biologist and self-proclaimed naturalist, in the native plants I have protected and nurtured for more than 20 years. My wild irises, which are phenomenal, have been buried by TransCanada’s excavator and although they will live, it will be another year before they bloom again. It is all so sad and shameful that I am at a loss for words, to be quite honest. It’s profits over everything else, especially Constitutional rights.
This pipeline is being built despite massive protests and lawsuits by honest, hardworking landowners and concerned U.S. citizens. In retrospect, I should have ignored my lawyer and the lawyer for the Texas Veterans Land Board, stood my ground and never settled. I was in a situation where my back was up against the wall, with a wife who has Alzheimer's and a teen-aged daughter, and the attorneys involved led me to believe I had no choice but to settle. Hindsight is always 20/20, but looking forward, the facts in my lawsuits are irrefutable.
I claim, in my suit against TransCanada, that they have defrauded the American public, misled Texas landowners and have no right to eminent domain based on the material they are transporting. What I find extremely sad and unbelievable is that once members of the public became aware of this company's deceit and contacted the appropriate legislators and regulatory authorities, no corrective action was performed. The Texas legislature did not call for an investigation into this matter and the Texas Railroad Commission (the pipeline operator permitting agency) turned a deaf ear to this problem. I use the word "problem" because it is a "problem," not an "issue." Where are all the people who took sacred oaths to protect the public?
TransCanada, in my hearings, repeatedly referred to "bitumen" (tar sands oil) as heavy crude oil that has been "diluted." This is in the court transcript. I presented overwhelming evidence, using both federal and Texas statutory definitions, that dispel that claim, including irrefutable evidence from the U.S. Geological Survey and even the Canadian government itself. Remarkably, I have TransCanada's own website admission. Public relations pamphlets sent to residents along the pipeline path also admit to it being "bitumen." But the judge in my case was not interested in hearing the truth.
If the permit issued to TransCanada by the Texas Railroad Commission states that the "material to be transported" is crude oil, but it doesn't meet the federal or state legal definitions for crude oil, then what is it exactly? In the Final Environmental Impact Statement to the U.S. Department of State, it says the material is: diluted bitumen, synthetic crude, synthetic bitumen, raw bitumen and diluted synthetic bitumen. Beware a "bait and switch" to further confuse and mislead the public in this matter. I am not buying it and neither should you. TransCanada's lawyers can distort the facts all they want, but we see through their lies and smoke and mirrors. What I want to know is why President Obama, my elected officials, our regulatory agencies and the courts have all sided with this foreign energy company over the American people?
I have filed suit in Nacogdoches County Court At Law, which was dismissed by the judge for "lack of jurisdiction," but is now on appeal in the Texas 12th Court of Appeals in Tyler, Texas. I have also filed suit against the Texas Railroad Commission, which was also dismissed by the judge for "improper service," in spite of the fact that I followed the law to the letter. I am re-serving that suit on the elected officials in that agency and they will answer to the people before this is over.
I am also preparing a lawsuit against the U.S. Army Corps of Engineers in Federal Court, Eastern District of Texas in Lufkin, where I feel good about my chances. Again, the facts are irrefutable and I think federal judges are isolated from the lobbying efforts, bully tactics and possibly even bribery being employed by TransCanada. As I wrap up my story, I want to leave you with a few final points to consider.
We must decide now, as a people, if private property rights and sovereignty of U.S. citizens are to be sacrificed for the bottom line economic interests of foreign private corporations that want to send their toxic materials to Gulf Coast refineries for export. The export fact is indisputable and even the President of the U.S. has admitted this in public statements. My land and my life's dreams have been destroyed, and for what? To line the pockets of a private company and provide fuel to China and India? This is not justice and our elected officials in the state of Texas have turned a deaf ear to our cries.
What is one to think other than that they have been paid off, are inherently ignorant or just don’t care and have their eyes on higher office? My focus will be shifting to the Texas legislature next, as this madness has to stop. There was a time in Texas, and in other states, when eminent domain and the "taking of property" was done for "public use or public need and necessity." In the global economy, it seems those days are over.
I also want to clear up the myth that the Keystone XL will help America secure our "energy independence" so we can stop "importing foreign oil" from Saudi Arabia. This is pure fantasy. First of all, Keystone XL is being built as an export pipeline, not to make America more energy independent. Second, one of the Gulf Coast refineries that is slated to process TransCanada's tar sands bitumen is Saudi Arabian. Motiva is a joint venture between Saudi Arabian Refining and Royal Dutch Shell. Do you see the irony here? Follow the corporate trail with others, like ExxonMobil and Chevron. It will boggle your mind where and why these companies get their oil. Keystone XL isn't about reducing our dependence on foreign oil, it's about using America as a sacrifice zone to get Canadian oil to foreign markets.
In this global context, there is no "public interest," there is only private corporate gain. In spite of lawsuits and overwhelming evidence to support this fact, politicians and bureaucrats, from the President on down, ignore the law and side with these corporate monsters.
I think what pisses me off more than anything is that we have a Congress that will spend trillions of dollars bailing out Wall Street, but turns a deaf ear to people like us who are fighting for basic property rights and for the future safety and health of our children and grandchildren.
I have hit many brick walls during this journey, and I am sick of hearing lawyers tell me it "can't be done." There is a Chinese Proverb, which I hung on my laboratory wall for inspiration when I was doing R&D on renewable fuels:
THE PERSON WHO SAYS IT CANNOT BE DONE SHOULD NOT INTERRUPT THE PERSON DOING IT.
The legal war is on and I am enlisting peaceful warriors to join me in this fight. My friends and family have started a website and formed a non-profit corporation to help all landowners in the U.S. legally fight this powerful oil and gas company.
I especially want to thank Stefanie Spear of EcoWatch, Tom Weis of Climate Crisis Solutions, Chris Wynnyk Wilson from Austin, Julie Dermansky from New Orleans and the wonderful young men and women of the Tar Sands Blockade for their support and for maintaining faith in my legal battles against this tyranny. Losing is not an option.
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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A Healthy Microbiome Builds a Strong Immune System That Could Help Defeat COVID-19
By Ana Maldonado-Contreras
Takeaways
- Your gut is home to trillions of bacteria that are vital for keeping you healthy.
- Some of these microbes help to regulate the immune system.
- New research, which has not yet been peer-reviewed, shows the presence of certain bacteria in the gut may reveal which people are more vulnerable to a more severe case of COVID-19.
You may not know it, but you have an army of microbes living inside of you that are essential for fighting off threats, including the virus that causes COVID-19.
How Do Resident Bacteria Keep You Healthy?
<p>Our immune defense is part of a complex biological response against harmful pathogens, such as viruses or bacteria. However, because our bodies are inhabited by trillions of mostly beneficial bacteria, virus and fungi, activation of our immune response is tightly regulated to distinguish between harmful and helpful microbes.</p><p>Our bacteria are spectacular companions diligently helping prime our immune system defenses to combat infections. A seminal study found that mice treated with antibiotics that eliminate bacteria in the gut exhibited an impaired immune response. These animals had low counts of virus-fighting white blood cells, weak antibody responses and poor production of a protein that is vital for <a href="https://doi.org/10.1073/pnas.1019378108" target="_blank">combating viral infection and modulating the immune response</a>.</p><p><a href="https://doi.org/10.1371/journal.pone.0184976" target="_blank" rel="noopener noreferrer">In another study</a>, mice were fed <em>Lactobacillus</em> bacteria, commonly used as probiotic in fermented food. These microbes reduced the severity of influenza infection. The <em>Lactobacillus</em>-treated mice did not lose weight and had only mild lung damage compared with untreated mice. Similarly, others have found that treatment of mice with <em>Lactobacillus</em> protects against different <a href="https://doi.org/10.1038/srep04638" target="_blank" rel="noopener noreferrer">subtypes of</a> <a href="https://doi.org/10.1038/s41598-017-17487-8" target="_blank" rel="noopener noreferrer">influenza</a> <a href="https://doi.org/10.1371/journal.ppat.1008072" target="_blank" rel="noopener noreferrer">virus</a> and human respiratory syncytial virus – the <a href="https://doi.org/10.1038/s41598-019-39602-7" target="_blank" rel="noopener noreferrer">major cause of viral bronchiolitis and pneumonia in children</a>.</p>Chronic Disease and Microbes
<p>Patients with chronic illnesses including Type 2 diabetes, obesity and cardiovascular disease exhibit a hyperactive immune system that fails to recognize a harmless stimulus and is linked to an altered gut microbiome.</p><p>In these chronic diseases, the gut microbiome lacks bacteria that activate <a href="https://doi.org/10.1126/science.1198469" target="_blank" rel="noopener noreferrer">immune cells</a> that block the response against harmless bacteria in our guts. Such alteration of the gut microbiome is also observed in <a href="https://doi.org/10.1073/pnas.1002601107" target="_blank" rel="noopener noreferrer">babies delivered by cesarean section</a>, individuals consuming a poor <a href="https://doi.org/10.1038/nature12820" target="_blank" rel="noopener noreferrer">diet</a> and the <a href="https://doi.org/10.1038/nature11053" target="_blank" rel="noopener noreferrer">elderly</a>.</p><p>In the U.S., 117 million individuals – about half the adult population – <a href="https://health.gov/our-work/food-nutrition/2015-2020-dietary-guidelines/guidelines/" target="_blank" rel="noopener noreferrer">suffer from Type 2 diabetes, obesity, cardiovascular disease or a combination of them</a>. That suggests that half of American adults carry a faulty microbiome army.</p><p>Research in my laboratory focuses on identifying gut bacteria that are critical for creating a balanced immune system, which fights life-threatening bacterial and viral infections, while tolerating the beneficial bacteria in and on us.</p><p>Given that diet affects the diversity of bacteria in the gut, <a href="https://www.umassmed.edu/nutrition/melody-trial-info/" target="_blank" rel="noopener noreferrer">my lab studies show how diet can be used</a> as a therapy for chronic diseases. Using different foods, people can shift their gut microbiome to one that boosts a healthy immune response.</p><p>A fraction of patients infected with SARS-CoV-2, the virus that causes COVID-19 disease, develop severe complications that require hospitalization in intensive care units. What do many of those patients have in common? <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm" target="_blank" rel="noopener noreferrer">Old age</a> and chronic diet-related diseases like obesity, Type 2 diabetes and cardiovascular disease.</p><p><a href="http://doi.org/10.1016/j.jada.2008.12.019" target="_blank" rel="noopener noreferrer">Black and Latinx people are disproportionately affected by obesity, Type 2 diabetes and cardiovascular disease</a>, all of which are linked to poor nutrition. Thus, it is not a coincidence that <a href="https://www.cdc.gov/mmwr/volumes/69/wr/mm6933e1.htm" target="_blank" rel="noopener noreferrer">these groups have suffered more deaths from COVID-19</a> compared with whites. This is the case not only in the U.S. but also <a href="https://www.washingtonpost.com/world/europe/blacks-in-britain-are-four-times-as-likely-to-die-of-coronavirus-as-whites-data-show/2020/05/07/2dc76710-9067-11ea-9322-a29e75effc93_story.html" target="_blank" rel="noopener noreferrer">in Britain</a>.</p>Discovering Microbes That Predict COVID-19 Severity
<p>The COVID-19 pandemic has inspired me to shift my research and explore the role of the gut microbiome in the overly aggressive immune response against SARS-CoV-2 infection.</p><p>My colleagues and I have hypothesized that critically ill SARS-CoV-2 patients with conditions like obesity, Type 2 diabetes and cardiovascular disease exhibit an altered gut microbiome that aggravates <a href="https://theconversation.com/exercise-may-help-reduce-risk-of-deadly-covid-19-complication-ards-136922" target="_blank" rel="noopener noreferrer">acute respiratory distress syndrome</a>.</p><p>Acute respiratory distress syndrome, a life-threatening lung injury, in SARS-CoV-2 patients is thought to develop from a <a href="http://doi.org/10.1016/j.cytogfr.2020.05.003" target="_blank" rel="noopener noreferrer">fatal overreaction of the immune response</a> called a <a href="https://theconversation.com/blocking-the-deadly-cytokine-storm-is-a-vital-weapon-for-treating-covid-19-137690" target="_blank" rel="noopener noreferrer">cytokine storm</a> <a href="http://doi.org/10.1016/S2213-2600(20)30216-2" target="_blank" rel="noopener noreferrer">that causes an uncontrolled flood</a> <a href="http://doi.org/10.1016/S2213-2600(20)30216-2" target="_blank" rel="noopener noreferrer">of immune cells into the lungs</a>. In these patients, their own uncontrolled inflammatory immune response, rather than the virus itself, causes the <a href="http://doi.org/10.1007/s00134-020-05991-x" target="_blank" rel="noopener noreferrer">severe lung injury and multiorgan failures</a> that lead to death.</p><p>Several studies <a href="https://doi.org/10.1016/j.trsl.2020.08.004" target="_blank" rel="noopener noreferrer">described in one recent review</a> have identified an altered gut microbiome in patients with COVID-19. However, identification of specific bacteria within the microbiome that could predict COVID-19 severity is lacking.</p><p>To address this question, my colleagues and I recruited COVID-19 hospitalized patients with severe and moderate symptoms. We collected stool and saliva samples to determine whether bacteria within the gut and oral microbiome could predict COVID-19 severity. The identification of microbiome markers that can predict the clinical outcomes of COVID-19 disease is key to help prioritize patients needing urgent treatment.</p><p><a href="https://doi.org/10.1101/2021.01.05.20249061" target="_blank" rel="noopener noreferrer">We demonstrated</a>, in a paper which has not yet been peer reviewed, that the composition of the gut microbiome is the strongest predictor of COVID-19 severity compared to patient's clinical characteristics commonly used to do so. Specifically, we identified that the presence of a bacterium in the stool – called <em>Enterococcus faecalis</em>– was a robust predictor of COVID-19 severity. Not surprisingly, <em>Enterococcus faecalis</em> has been associated with <a href="https://doi.org/10.1053/j.gastro.2011.05.035" target="_blank" rel="noopener noreferrer">chronic</a> <a href="https://doi.org/10.1016/S0002-9440(10)61172-8" target="_blank" rel="noopener noreferrer">inflammation</a>.</p><p><em>Enterococcus faecalis</em> collected from feces can be grown outside of the body in clinical laboratories. Thus, an <em>E. faecalis</em> test might be a cost-effective, rapid and relatively easy way to identify patients who are likely to require more supportive care and therapeutic interventions to improve their chances of survival.</p><p>But it is not yet clear from our research what is the contribution of the altered microbiome in the immune response to SARS-CoV-2 infection. A recent study has shown that <a href="https://doi.org/10.1101/2020.12.11.416180" target="_blank" rel="noopener noreferrer">SARS-CoV-2 infection triggers an imbalance in immune cells</a> called <a href="https://doi.org/10.1111/imr.12170" target="_blank" rel="noopener noreferrer">T regulatory cells that are critical to immune balance</a>.</p><p>Bacteria from the gut microbiome are responsible for the <a href="https://doi.org/10.7554/eLife.30916.001" target="_blank" rel="noopener noreferrer">proper activation</a> <a href="https://doi.org/10.1126/science.1198469" target="_blank" rel="noopener noreferrer">of those T-regulatory</a> <a href="https://doi.org/10.1038/nri.2016.36" target="_blank" rel="noopener noreferrer">cells</a>. Thus, researchers like me need to take repeated patient stool, saliva and blood samples over a longer time frame to learn how the altered microbiome observed in COVID-19 patients can modulate COVID-19 disease severity, perhaps by altering the development of the T-regulatory cells.</p><p>As a Latina scientist investigating interactions between diet, microbiome and immunity, I must stress the importance of better policies to improve access to healthy foods, which lead to a healthier microbiome. It is also important to design culturally sensitive dietary interventions for Black and Latinx communities. While a good-quality diet might not prevent SARS-CoV-2 infection, it can treat the underlying conditions related to its severity.</p><p><em><a href="https://theconversation.com/profiles/ana-maldonado-contreras-1152969" target="_blank">Ana Maldonado-Contreras</a> is an assistant professor of Microbiology and Physiological Systems at the University of Massachusetts Medical School.</em></p><p><em>Disclosure statement: Ana Maldonado-Contreras receives funding from The Helmsley Charitable Trust and her work has been supported by the American Gastroenterological Association. She received The Charles A. King Trust Postdoctoral Research Fellowship. She is also member of the Diversity Committee of the American Gastroenterological Association.</em></p><p><em style="">Reposted with permission from <a href="https://theconversation.com/a-healthy-microbiome-builds-a-strong-immune-system-that-could-help-defeat-covid-19-145668" target="_blank" rel="noopener noreferrer" style="">The Conversation</a>. </em></p>By Jeff Masters, Ph.D.
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