Showing posts with label eminent domain. Show all posts
Showing posts with label eminent domain. Show all posts

Wednesday, October 15, 2014

Green Party Says Charges Dropped In XL Pipeline Case



Two years ago, Green Party presidential candidate Dr. Jill Stein (pictured), actress Daryl Hannah, and Texas landowner Eleanor Fairchild were arrested for bringing supplies to protestors trying to stop the seizing of Fairchild's land to build the XL Pipeline. The Wood County District Attorney has finally dropped all charges against these three wonderful ladies. Here is the press release issued by the Green Party Shadow Cabinet on October 10th:

Oct.10, 2014, Wood County, Texas: The District Attorney has dismissed charges brought against Stein, Hannah and Fairchild in connection with the Tar Sands Blockade of the KeystoneXL Pipeline in East Texas.
The women had been arrested in actions in late 2012 supporting tree-sitters blocking construction of the KeystoneXL Pipeline. The actions took place on Eleanor Fairchild’s land that had been seized by TransCanada in what the protesters claimed was an illegal use of eminent domain.
Green Shadow Cabinet President, Jill Stein, said the dismissal was good news for the climate and the rising tide of civil disobedience against pipelines, tar sands, and fossil fuels in general.
“This is the leading edge of the new climate movement that just brought 400,000 people out on the streets of New York, and moved thousands to civil disobedience on Wall Street. The message is clear: We are not going to sit idly by while fossil fuel predators, banksters and their political allies destroy our future,” Dr Stein said.
“When I was arrested the east coast was in the grips of Super Storm Sandy while the Presidential election was in full swing. The climate itself was breaking the silence of the Obama and Romney campaigns that were sold out to oil, coal and gas companies,"
“Hurricane Sandy was just a taste of what's to come under the energy policies of the Obama administration that has overseen a massive expansion of oil and gas production.”
"The blockaders are the heroes of the movement to stop climate change and far worse storms in the future. We needed them in 2012 and we need them even more today"
“It was Halloween, and I was bringing much needed supplies to tree-sitters who were putting their bodies in the path of this disastrous pipeline.”
“As far as I was concerned we were on Eleanor Fairchild’s property. She has been an incredibly generous and dedicated activist who has been collaborating with the pipeline blockade from the start,” Dr Stein said.
The Lawyer representing the three women, Norman Ladd, of Ladd & Thigpen, P.C. said all charges, which included criminal trespass, resisting arrest, and ‘obstructing passageway’, had been dismissed. Mr. Ladd stated that it was in his clients’ best interests to continue to fight these charges while the civil case was proceeding in another court as to the eminent domain issue.
“Eleanor never conceded that it was not her land. So instead of agreeing to a plea bargain, we wanted to see how the civil case would play out,” Mr Ladd said.
“Given the history of the oil and gas industry in Texas, it’s an understandably delicate issue.  Almost everyone here has a friend or relative that works for an oil and gas company, including myself. However with this pipeline, and the impact it’s having on the land, I’m seeing lot of people taking  more time to really understand the impact a project like this could have on our environment."
“I was contacted by a member of the protest movement and I was happy to take on the case. I’ve always wanted to make sure that when it comes to conservation and environmental protection issues, people have someone that will ensure they are well protected. I think it goes without saying that we owe this duty to future generations.” Mr Ladd said.

Monday, April 01, 2013

Arkansas Spill Highlights Pipeline Danger


The right-wing Republicans in Congress have once again sold out to corporate interests -- this time to the Big Oil corporations. They are pressuring the president to approve construction of the XL Pipeline, which would cut right through the heart of America (running from the tar sands oil pits of Canada to the Gulf Coast refineries of Texas). They say that pipeline would be a real boon for this country -- creating jobs and lessening the country's dependence on foreign oil. Unfortunately, neither is true.

The numer of jobs the pipeline would create are mostly only temporary. Less than 200 permanent jobs would be created. That's an insignificant amount, considering the amount of jobs this country needs (and the Republicans have blocked in Congress).

And the idea that the pipeline would reduce the dependence on foreign oil is ludicrous. The oil being pumped through the pipeline IS foreign oil (since it is being built solely for the transporting of Canadian oil). In addition, the finished product after it is refined is destined to be shipped to foreign countries (mostly Asia). It will not stay in this country.

And then their is the way land is being procured for that pipeline. The government is backing an obvious misuse of eminent domain laws. Those laws were designed to let the government get property for the public good. But there is no public good in the building of this pipeline. The only entities being helped are giant oil companies -- the Canadian companies who will put their oil in it, and the American companies who will receive that oil to refine it. In other words, private property is being seized through eminent domain for the financial benefit of private corporations -- a clear violation of private property rights (which the Republicans claim to support).

But perhaps the best reason for stopping the pipeline from being built is to protect the environment. The pipeline will cut through the middle of this country -- crossing many thousands of acres of valuable farmland. Every acre of that land is in danger of being polluted with the very dirty Canadian oil. Proponents of the pipeline has shrugged off any danger to the environment, but a pipeline break just this last week in Arkansas (carrying the same kind of Canadian oil) shows this is a real danger.

That pipeline broke (see pictures above) and, before anyone realized it had happened, thousands of gallons of oil polluted the area near Mayflower, Arkansas. The authorities are not letting the general public near the spill, but the pictures above were taken by people living near the spill. And this was just a small pipeline, carrying about 90,000 barrels of crude per day. The XL Pipeline will carry about 800,000 barrels per day -- making a break much more serious than the one in Arkansas.

As the Arkansas break shows, we are not talking about whether a break can occur with the XL Pipeline -- only when and where such a break will occur. That monstrosity should not be built!

Sunday, October 14, 2012

Corporate Thuggery In Texas

The picture above shows actress Daryl Hannah and 78 year-old great-grandmother Eleanor Fairchild. They are trying to stop the corporate bulldozers of TransCanada from clearing a path for the southern portion of the Keystone pipeline across Fairchild's land. Ms. Fairchild had refused to sell any of her land to TransCanada, so they just took it by claiming the right of eminent domain. Both Ms. Hannah and Ms. Fairchild were arrested.

They are not the only one who have been arrested trying to stop the pipeline. Several other protesters have also been arrested, and even some reporters (who were just trying to cover the event) have been arrested. The corporation does not want anyone to see or report on their high-handed and thuggish actions.

Personally, I don't think this corporation (which is not even a U.S. corporation) should have the right to steal a citizens land. Eminent domain is supposed to be used for the public good -- to build something like a highway, that is for the good of and will be used by everyone. That is not the case here. The only real beneficiaries of the pipeline are the giant oil companies (and the politicians they are paying off).

I know they are claiming this is for the public good (because the public will benefit from the oil flowing through the pipeline), but that's ridiculous. If that was true, then any corporation should have the right of eminent domain because the product they want to build or sell will be bought by the public (and therefore is for the public good). If TransCanada is allowed to do this, then Texas obviously needs some new and stricter guidelines for the use of eminent domain. It is just wrong to use eminent domain to fill the bank accounts of giant corporations.

If you'd like to read more about this grievous miscarriage of justice (and I hope you do), then you can go to the website called Planetsave.

Monday, February 20, 2012

Pipeline Opposition Makes Strange Bedfellows

The map above shows the proposed Keystone XL pipeline. The Republicans and their Big Oil masters would like for you to believe this is a public service project that will benefit all Americans by creating a massive amount of jobs and lower gas prices in the United States. None of that is true. The pipeline will benefit only the giant oil companies, will create only a couple of thousand construction jobs (and only a couple of hundred permanent jobs, and will not lower gas prices at all. In addition, it has the potential to be an environmental disaster.

President Obama has denied a permit to build the pipeline (although he said the oil companies could reapply, and a permit might be issued after a thorough environmental study). That is not good enough for the Republicans or the oil companies. They want the pipeline built now before the people can learn the economic and environmental truth about it. And toward that end they are now trying to pass legislation that would force the president to immediately approve the pipeline.

But here in Texas, those Republicans and oil companies are finding that even some of their right-wing supporters are now opposing the pipeline. It may seem odd to see these right-wing teabaggers (including 2010 candidate for governor Debra Medina) on the same side as the environmentalists, but it is happening -- although they have different reasons for opposing the pipeline.

While the left opposes the pipeline because it could do substantial environmental harm while enriching only a few oil barons, the right is beginning to oppose the pipeline because of the misuse of "eminent domain". The proper use of the governmental right of eminent domain is to take property (with just compensation) for public projects that will benefit the citizens. It is not supposed to be used to benefit private companies in their quest for greater profits -- but that is exactly what is happening in Texas.

Even though it admits it has no oversight ability on the proposed pipeline, the Texas Railroad Commission has given an oil company (TransCanada) the right of eminent domain to secure property for the pipeline. They say this is proper because the "public" will be buying the gasoline produced from the oil in the pipeline, and that's makes it a "public good".

That's a ludicrous position, since it could become a precedent that would allow other private companies to also claim the right of eminent domain (because they all sell their goods to the public). But then the state agencies in Texas, controlled by only Republicans, long ago sold out to the corporations -- so this comes as no surprise. When faced with choosing between the benefit of the citizens of Texas and corporate profits, they will always come down on the side of corporate profits.

The right of eminent domain is a particularly sensitive subject in Texas because it was misused a few years ago to seize land upon which to build the Trans-Texas Corridor. That project became so unpopular among Texas citizens (on both the left and the right) that it had to be cancelled. Now the misuse of eminent domain is once again bringing both the left and the right together in a common cause -- to stop the Keystone XL pipeline.

I believe this is why the congressional Republicans are trying to hurry the building of the pipeline. They know that the longer it is delayed, the less likely it will ever be built. Opposition is growing to the pipeline -- even among their own right-wing supporters. Those right-wingers know it is an abominable misuse of eminent domain to let a private company seize land to increase its own profits.