'Overt Bastardization of the Truth': Valve Turner Listed as 'Extremist' by U.S. Government Faces Upcoming Trial
The valve turners recently listed by Homeland Security as "extremists" believe their action of shutting down 15 percent of the daily U.S. oil supply on Oct. 11, 2016 was their only option of fighting the climate crisis.
Valve turner Ken Ward of Climate Direct Action is going to trial this spring for the third time. He is charged with burglary and sabotage. EcoWatch teamed up with Ward and his attorney Lauren Regan, the executive director and co-founder of Civil Liberties Defense Center, on EcoWatch Live to share what this trial means for climate activists and why the U.S. government is listing some of these peaceful activists alongside mass murderers and white supremacists.
Watch the interview here:
"In a fairly short period of time, after making some phone calls to pipeline companies, we broke in to enclosures, cut some chains, closed what are called safety block valves and closed down all five pipelines that carry tar sands oil from Canada into the U.S.," Ward said of the October 2016 direct action. It "might count as the most significant thing I've ever done on climate."
Ward, who has been working in energy policy since 1978, including a variety of strategic approaches to climate change says "what sociologists and political scientists are demonstrating is that faced with this kind of situation, faced with an intractable political environment, where powerful industries have billions to spend ... the single most effective thing that you can do is do engage in nonviolent direct action."
Five members of Climate Direct Action are seen before a coordinated effort to turn off valves on a pipeline in four states. Climate Direct Action
In mid January, the U.S. Department of Homeland Security listed these valve turners as "suspected environmental rights extremists" and "domestic terrorists." What does this listing mean for climate activists?
Regan is not surprised by this "rhetorical" listing.
"The far right and the fossil fuel industry are spending about $30 billion in a media campaign, basically a smear campaign. It's one of the last-ditch efforts to try and persuade Americans that their gross profits are worth more than clean water and a healthy planet," Regan says. "As they're gasping for their last profiteering breaths, they are pulling out all of the dirty tricks that those types of profiteering industries have used historically."
Such listings seem to have no relevance for climate activists, as those who engage in direct action are aware of risks such as being arrested and potentially facing serious consequences.
Regan points to "the overt bastardization of the truth or manipulation of reality by those industries." It's an attempt to "frame nonviolent civil disobedience as the same type of action as Nazis who murdered humans or anti-choice zealots that murder abortion doctors. I think normal humans with thinking brains see the incredible difference between those scenarios. It really exposes the desperation of the industry in my opinion."
Ward mentions the "immense privilege" he has to engage in direct action here in the U.S. "Most people doing this around the world are getting killed or going to prison for long periods of time," he says. "The costs are so low compared to that."
Because Ward is engaged in climate action, he doesn't have "a certain amount of existential dread." He'd doing what he can. "I encourage everybody to think of what you could do," because we're out of time he says.
In the upcoming trial, Regan is defending Ward on the grounds of the climate necessity defense, something Ward was not permitted to offer in his first or second trial which both landed in a hung jury. Although Ward finished his sentence after the second trial, he chose to appeal anyway on the basis that he wasn't allowed to use the only defense he had.
Regan outlines where they are in the process:
A defendant pursuant to the Sixth Amendment is entitled to assert defenses and have jurors who are the fact finders in trials determine whether or not the defense actually passed muster. The Washington Court of Appeals ruled in our favor and affirmed the right of a defendant to use the climate necessity defense.
The state then appealed up to the Washington Supreme Court. The Washington Supreme Court ruled in our favor and again affirmed the right to a climate necessity defense, thereby creating Washington state precedent for future activists to be able to use.
Since that time there has been one other climate activist that was prosecuted since our appellate victory and the state did not even attempt to hinder their right to use the defense at trial.
So now we will move forward with the ability to put on expert witnesses and to be able to argue to the jury that when you are balancing the harms of cutting a lock and temporarily shutting a block valve compared to the serious and imminent harms of the climate crisis, sea level rise, forest fires and everything else that is going on in terms of harm from climate change, when you balance those two things clearly the scales tip in favor of engaging in direct action to avert the catastrophic impacts of climate change.
When EcoWatch asks how a victory in Ward's upcoming case would be good news for climate activists, Regan says "it's already good news for climate activists." For example, in Minnesota, where valve turners have also been granted the right to use the necessity defense, climate activists will be able to use it to argue a case to fight the Line 3 pipeline.
Regan stresses the importance of the upcoming trial: "It will be the first time that 12 jurors will be given all of the evidence and information to actually do that weighting and that balancing," Regan says, while realizing that it's a "big ask" for the public to justify a crime for the greater good.
"We've been really trained that when the state tells you that something is a crime that you're supposed to think it's bad and you're supposed to punish them," Regan says. "In light of all of the broken systems of democracy right now in our country, more and more people are coming to the realization that we may have to fight for our own lives and not rely on global policies and the fossil fuels corruption of the democratic processes."
This trial will find out whether Americans who are not necessarily engaged in climate activism, the jurors, will agree that nonviolent direct action is justified in the face of the climate crisis, in what Regan says, will be a first.
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By Alexander Freund
Lebanese Prime Minister Hassan Diab says he believes Tuesday's explosion in Beirut could have been caused by large quantities of ammonium nitrate stored in the port.
What Is Ammonium Nitrate?<p>Ammonium nitrate is a white crystalline salt that can be fairly cheaply produced from ammonia and nitric acid. It is soluble and often used as fertilizer, as nitrogen is needed for healthy plant development.</p><p>Ammonium nitrate in its pure form is not dangerous. It is, however, heat sensitive. At 32.2 degrees Celsius (89.96 degrees Fahrenheit), ammonium nitrate changes its atomic structure, which in turn changes its chemical properties.</p><p>When large quantities of ammonium nitrate are stored in one place, heat is generated. If the amount is sufficiently vast, it can cause the chemical to ignite. Once a temperature of 170 C is reached, ammonium nitrate starts breaking down, emitting nitrous oxide, better known as laughing gas. Any sudden ignition causes ammonium nitrate to decompose directly into water, nitrogen and oxygen, which explains the enormous explosive power of the salt.</p>
Deadly Disasters<p>As ammonium nitrate is a highly explosive chemical, many countries strictly regulate its use. Over the past 100 years, there have been several disasters involving the chemical.</p><p>In 1921, for example, a massive blast occurred at a BASF chemical plant in Ludwigshafen in the German state of Rhineland-Palatinate. About 400 metric tons of a mixture of ammonium sulfate and ammonium nitrate exploded, killing 559 people and injuring 1,977. The plant was largely destroyed in the blast, which could be heard as far away as Munich, some 300 kilometers (186 miles) distant.</p><p>In 2015, explosions caused by ammonium nitrate ripped through the <a href="https://www.dw.com/en/china-convicts-dozens-for-last-years-giant-explosions-in-tianjin/a-36324321" target="_blank">Chinese port city of Tianjin</a>. Eight hundred metric tons of the chemical were said to have been stored along with other substances in a warehouse for hazardous materials. The blasts killed 173 people and destroyed an entire city district.</p><p>Two years earlier, in 2013, an ammonium nitrate explosion occurred at the West Fertilizer Company site in Texas, killing 14 people. And in 2001, 31 people died in Toulouse, France, in an explosion caused by the chemical.</p>
Terrorist Favorite<p>In Germany, the purchase and use of ammonium nitrate is regulated by the explosives act. This is because the cheap, highly explosive and relatively easily obtainable material has in the past been used by terrorists to carry out attacks.</p><p>For example, in 1995, U.S. conspiracy theorist and gun enthusiast Timothy McVeigh used a mixture of ammonium nitrate and other substances to bomb the Alfred P. Murrah Federal Building in Oklahoma City. Norwegian far-right extremist Anders Behring Breivik also used ammonium nitrate in a car bomb attack in Oslo in 2011.</p>
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Most Americans know about the Dietary Guidelines for Americans primarily through their colorful representations: the original food pyramid, which a few years ago morphed into MyPlate. The guidelines represent the government mothering us to choose the healthiest vegetables, grains, sources of protein, and desserts, and to eat them in the healthiest portions.
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Democrats in the House and Senate have introduced legislation to ban some of the most toxic pesticides currently in use in the U.S. D-Keine / E+ / Getty Images
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Waste Mountain<p>The need for a dramatic increase in Australia's recycling capacity pre-dates the COVID-19 pandemic. <a href="https://www.abc.net.au/news/2019-12-27/where-does-all-australias-waste-go/11755424" target="_blank">Australians create approximately 67 million tons of waste a year</a>, and like in many wealthy countries, much of that was sent overseas. That all changed when China announced it was <a href="https://www.weforum.org/agenda/2017/10/china-has-banned-foreign-waste-so-whats-the-future-of-world-recycling" target="_blank">banning the import of a huge range of foreign waste</a> and recyclables. Soon <a href="https://www.weforum.org/agenda/2019/05/malaysia-flooded-with-plastic-waste-to-send-back-some-scrap-to-source" target="_blank">other countries followed suit</a>, and Australia was forced to look for alternative solutions.</p>
Biggest exporters of plastic. Statista
Waste Export Ban<p>Australia has adopted a strategy of taking responsibility for its own waste. Starting in January 2021, it is phasing in <a href="http://www.environment.gov.au/protection/waste-resource-recovery/waste-export-ban" target="_blank">bans on the export of different forms of waste</a>. By mid 2024, Australia's home-grown recycling industry will have to deal with an extra 650,000 tons of waste plastic, paper, glass and tires.</p><p>"As we cease shipping our waste overseas, the waste and recycling transformation will reshape our domestic waste industry, driving job creation and putting valuable materials back into the economy," federal environment minister Sussan Ley said in a <a href="https://uk.reuters.com/article/us-australia-waste/australia-to-set-up-132-million-fund-to-boost-recycling-following-export-curbs-idUKKBN247060" target="_blank">statement to Reuters</a>.</p>
Timeline for Australia's waste export ban. Australian Government
Trash Into Treasure<p>The benefits to the environment of boosting recycling rates are well known – less landfill, less plastic in our ocean, reduced need for virgin materials, and lower carbon emissions. The Recycling Modernization Fund initiative aims to divert more than 10 million tons of waste from landfill, part of an <a href="http://www.environment.gov.au/protection/waste-resource-recovery/publications/national-waste-policy-action-plan" target="_blank">overall strategy to reduce the total waste generated per person by 10%</a>, and push <a href="https://www.environment.gov.au/system/files/resources/7381c1de-31d0-429b-912c-91a6dbc83af7/files/national-waste-report-2018.pdf" target="_blank">Australia's total resource recovery rate from 58% in 2017</a> to 80% by 2030.</p><p>But like many countries, Australia is focusing on the economic benefits of better waste management as well.</p><p>"This will mean Australia converts more waste into higher valued resources ready for reuse locally by manufacturers and brands in their packaging and products," Rose Read, CEO of the National Waste and Recycling Industry Council, <a href="https://uk.reuters.com/article/us-australia-waste/australia-to-set-up-132-million-fund-to-boost-recycling-following-export-curbs-idUKKBN247060" target="_blank">told Reuters</a>.</p>
Green Jobs<p>The great potential of the circular economy to create green jobs is being recognized across the world.</p><p>In the UK, the Waste and Resources Action Program has launched a <a href="https://wrap.org.uk/buildbackbetter" target="_blank">six-point plan which it claims could add $90 billion to the economy, and create 500,000 new jobs</a>. Investment in the circular economy forms a significant part of the <a href="https://www.nytimes.com/2020/07/14/us/politics/biden-climate-plan.html" target="_blank">$2 trillion climate plan that Democratic candidate Joe Biden</a> is taking into November's US presidential election. And the <a href="https://ec.europa.eu/commission/presscorner/detail/en/ip_20_940" target="_blank">European Union has put its Green New Deal at the heart of its plans for recovery</a> from the economic shock of COVID-19.</p><p>The World Economic Forum's <a href="http://www3.weforum.org/docs/WEF_The_Future_Of_Nature_And_Business_2020.pdf" target="_blank">Future of Nature and Business</a> report identifies 15 systemic transitions with annual business opportunities worth $10 billion a year that could create 395 million jobs by 2030.</p><p>As is the case with Australia's Recycling Modernization Fund, a combination of private enterprise and government investment can offer ways to get people back to work by building a more environmentally sustainable economy.</p>
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The Great American Outdoors Act is now the law of the land.
<div id="e0008" class="rm-shortcode" data-rm-shortcode-id="ffc07febbf5d2d585ad06d3f43e2be56"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1290667833999929344" data-partner="rebelmouse"><div style="margin:1em 0">🚨Breaking News: The President has just signed the bipartisan #GreatAmericanOutdoorsAct. It will help: 🏗️ Restore… https://t.co/RPefKPMn7S</div> — Fix Our Parks (@Fix Our Parks)<a href="https://twitter.com/FixOurParksUS/statuses/1290667833999929344">1596554165.0</a></blockquote></div>
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