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Trump Loses Prize for Most Bizarre Statement at Industry Conference
Donald Trump showed up at an energy industry conference in Pittsburgh, Pa., on Sept. 22 to give a speech but remarkably left the venue without winning the award for making the most bizarre statement of the day.
That prize went to Bill Cole, president of the West Virginia Senate and Republican candidate for governor of the state, who stated that businesses in the state “need to be in control of the government, not the other way around.”
Let that sink in for a moment. A major party candidate for the top political job in West Virginia, a government official himself, believes business owners should control the matters of the state and government policies should fall in line with their dictates. Cole and his supporters appear to believe democracy is government by the corporations, for the corporations, not by and for the people. “We often talk about the speed of government versus the speed of business,” Cole said, adding that government needs to begin operating at the speed of business.
Politicians routinely fail to pass the hypocrisy test. Cole, who claims to champion less regulation, is no exception. The Republican lawmaker owns several auto dealerships in West Virginia and Kentucky. In 2015, Cole pushed for the passage of S.B. 453, which restricts (i.e., heavily regulates) car manufacturers from selling vehicles directly to consumers, instead requiring they sell vehicles through franchisees. West Virginia Gov. Earl Ray Tomblin signed the bill into law in 2015, which essentially prevented Elon Musk’s Tesla Motors from selling its cars in the state.
Cole, who hails from a state whose economy has long depended on the coal industry, also appears confused about how natural gas markets will fare under certain regulatory regimes. Even though the natural gas industry is positioned to see tremendous growth under the U.S. Environmental Protection Agency’s Clean Power Plan, proposed under a Democratic president, Cole contends “natural gas will be the next one in the gun sights” of a Hillary Clinton administration. This statement ignores the fact that Clinton has been a strong supporter of the shale gas revolution and exporting natural gas from liquefied natural gas export terminals along the nation’s coasts.
‘Hijacking the Discussion’Trump, surprisingly, wasn’t the winner of the runner-up prize for most bizarre statement on the final day of the Shale Insight conference either. At the conference, sponsored by the Marcellus Shale Coalition, that featured what many would consider extremist anti-regulatory statements, Pennsylvania House Speaker Mike Turzai called on industry officials “not to allow the extremists, particularly on the Left, to hijack the discussion” on shale gas drilling and infrastructure construction in the state. Turzai ignored how the shale gas industry has dominated the energy debates among policymakers in Pennsylvania and how state lawmakers have strongly supported the shale gas industry from its very beginning in the mid-2000s.
To his credit, the Republican lawmaker partly redeemed himself by posing the idea of building new pipelines in existing rights of way to avoid conflict with local communities. “To the extent that we can make use of putting pipelines near rail lines or locations that already have industrial or transportation purposes, the less you can put yourself in a position where you’re dealing with communities,” Turzai said. “The better off we are if we can find those locations on a map as starting points, that’s always very helpful.”
Trump in Third PlaceFollowing the panel of state lawmakers, Trump took the stage. Attendees were expecting fireworks from the Republican presidential candidate but instead heard a relatively subdued speech. Because throngs of national news reporters were covering the event, Trump did not solely address energy issues. He spoke about how he would fight crime in big cities and how any wrongdoing by the police would be “vigorously addressed” under a Trump administration.
The Republican presidential candidate made an eyebrow-raising comment about the influx of drugs into the United States and suggested that cities adopt Rudy Giuliani’s stop-and-frisk style of fighting crime in cities.
Trump condemned the protests in Charlotte, N.C., to the industry conference crowd composed almost exclusively of white men. He also failed to acknowledge the pattern of violence against African Americans at the hands of police, the reason why so many protesters have taken to the streets.
Once he turned to energy issues, the Pittsburgh crowd livened up. But his statements weren’t fully in line with the messaging of other conference speakers. “Our energy policy will make full use of our domestic energy sources, including traditional and renewable sources. We want everything,” Trump insisted. A day earlier at the conference, Marathon Petroleum CEO Gary Heminger blasted the nation’s growing focus on renewable energy. “What activists often call green energy is inconsistent, unreliable and very expensive,” Heminger said.
Earlier in his campaign, Trump advocated for abolishing the U.S. Environmental Protection Agency. As with many other policy matters, Trump has flip-flopped on this issue and no longer supports eliminating the EPA. In his Pittsburgh speech, he emphasized the importance of protecting the environment. “I will refocus the EPA on its core mission of ensuring clean air and clean safe drinking water for all Americans,” he said. “I believe firmly in conserving our wonderful natural resources and beautiful natural habitats.”
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Industry Blames ‘Mob Politics’ for Roadblocks to Pipeline Success
Former Chesapeake Energy Corp. CEO Aubrey McClendon may no longer be with us, but his old message about anti-fracking activists continues to echo in the meeting rooms of industry conferences.
Five years ago, McClendon, who died in a car crash in March, told the audience at the Shale Gas Insight conference in Philadelphia that life would be cold, dark and hungry if the protesters outside the Philadelphia Convention Center succeeded in stopping shale gas drilling.
Time has moved on, but the thinking of some executives in the industry remains the same. This year, at the Shale Insight conference across the state in Pittsburgh, Pa., Marathon Petroleum Corp. CEO Gary Heminger assumed McClendon’s role by chastising activists and regulators for failing to acknowledge the significant improvements in environmental quality the oil and gas industry has made over the past several decades.
“Despite the enormous benefits we have brought to our nation and its citizens, we face activists who tell us we should keep oil and natural gas in the ground,” Heminger said in a Sept. 21 keynote speech. “But we know that there are no energy sources capable of replacing what we produce every day. Without doing what we do, much of the world would simply go without energy.”
Activists try to paint the industry as villains, Heminger said, noting that regulators at both the state and federal level are “making common cause” with these activists. Some regulators have become “almost militant” to the industry, he said, listing the Dakota Access Pipeline, in which Marathon Petroleum last month agreed to pay $2 billion to acquire a minority stake, as an example of how regulators are standing in the way of getting crude oil to market. Spun off as its own company by Marathon Oil in 2011, Marathon Petroleum is one of the largest petroleum product refiners, marketers and transporters in the United States.
In his rebuke to regulators, Heminger referred to the Department of Justice’s decision on Sept. 9 to request a “voluntary pause on all construction” of the Dakota Access Pipeline near the Standing Rock Sioux Reservation. The request was released jointly with the Department of Interior and U.S. Army Corps of Engineers and came immediately after U.S. District Court Judge James E. Boasberg ruled against a Standing Rock Sioux motion to stop construction of the pipeline near their reservation.
Beyond ‘Crazy Environmentalists’Some industry supporters, however, are trying to get their colleagues to change with the times. Thomas Ahern, CEO of Five Corners Strategies, an industry public affairs firm, emphasized that the “crazy environmentalists” of Earth First! “chaining themselves to something” are no longer the normal opposition to the oil and gas industry.
The typical opposition the industry will encounter today are “normal people, actual regular people,” Ahern said. “Your neighbors, the people that you went to school with. Your barber. The person who sells you a bagel in the morning. They’re regular moms and dads. They’re police officers. They’re nurses. They are Democrats, but they are also Republicans.” If the energy industry is going to succeed in getting a pipeline built, officials must stop thinking “it’s just crazy environmentalists. That’s not the way it works any longer,” he said.
Spending time with impacted residents is a requirement when building a new pipeline because the project will be one of the biggest topics of conversation in each community, according to EQT Corp. Executive Vice President Blue Jenkins. “If you pick up any newspaper in the region, you will find headlines” critical of the pipeline project, Jenkins said. “It’s the new reality for what we deal with as pipeline developers.”
EQT is the lead developer of the controversial Mountain Valley Pipeline, which is designed to transport natural gas from the Marcellus and Utica shale plays into Virginia. “The opponents are very organized, they are very aggressive and they are very vocal. Some might call them the vocal minority,” Jenkins said.
If pipeline developers are to be successful in this “new world,” they must stay engaged and remain positive, he explained. “You must respect the public concern, but you also have to promote the facts. You must maintain a constant drumbeat of consistent messaging,” said Jenkins, who expects the Mountain Valley Pipeline to enter service by late 2018.
The Mountain Valley Pipeline project is one of several pending pipeline proposals that would carry natural gas from the Marcellus and Utica shale plays to various demand centers. “Every one of those projects is being hotly contested at FERC and in the communities along the proposed routes,” said Owen Kean, senior director of energy at the American Chemistry Council. “Without those pipelines, the Marcellus and Utica formations will not meet their full potential.”
Michael Krancer, former secretary of the Pennsylvania Department of Environmental Protection and a partner with the law firm Blank Rome LLP, said his primary goal today is making sure the industry reaches its full potential. “I am an advocate for this business,” Krancer told the conference audience. “There is a moral case for hydrocarbons. … I’m thankful for what you do. The public should be thankful for what you do. Environmentally, it’s beneficial. At the end of the day, we need to be proud of what this industry does and we need to stop spending our time being on the defensive.”
The industry has mastered building pipelines and operating them safely, Krancer contended. “What we haven’t mastered and what we face is this political process that is turning against us. Yet we’re relying on these old comfortable strategies and paradigms on how to approach what we do. It’s not working anymore.”
A Decade of Resistance“The landscape today from the political risk front is so much different than it was 10 years ago where projects just got approved,” Krancer said. “Nowadays, things are different. Some are dedicated, ideologically, politically, for whatever passionate reason, to eliminate the use of hydrocarbon fuels,” he said. Krancer refuses to use the term “fossil fuel.” He believes the people who are “dedicated to eliminating the use of them” like to call them fossil fuels “because it makes them sound old, something that should be extinct.”
Like most speakers at the conference, Krancer said it is a vocal minority that is driving opposition to pipeline projects. He pointed to North Dakota where he believes a majority of the residents support the construction of the Dakota Access Pipeline. “What we have seen there is nothing short of mob politics,” citing the Native American resistance to the pipeline.
Krancer stressed that the industry needs to stay engaged with the people to avoid future political risk. “We know what the majority of people want,” he said. “We have to be careful that what happened in New York doesn’t happen elsewhere.” After more than seven years of study, the New York State Department of Environmental Conservation in June 2015 issued a final document that was needed to ban fracking in the state.
Borrowing a term popularized by former President Richard Nixon during the height of public opposition to the Vietnam War, Krancer established a grassroots lobbying and advocacy firm called Silent Majority Strategies. The firm focuses on communicating to the public and shaping public opinion for the energy industry. “We have to harness the silent majority. That’s why we call our business the Silent Majority Strategies,” he said.
Engaging concerned residents one-on-one by knocking on their doors or speaking with them at pipeline “open houses” is crucial to gaining their support for a project, Ahern said. “Ten years ago, you could come in and say, ‘We’ll give you a new fire truck. How about a new police car? That’s not going to cut it any longer. It doesn’t work. You’re not buying fire trucks to get an approval any longer, even if FERC says, ‘Hey, that’s great.’ Because it’s not about that any longer. Ask anybody who has done work in New York if you can count on that.”
Ahern also stressed that state and local politicians likely support energy infrastructure projects in their communities, but often the public outcry forces them to come out against a project. “Give state and local politicians a reason to support you,” Ahern said. The industry needs to be in constant contact with local politicians and organize letter-writing campaigns to their offices, he said. “You need to give them ‘cover.’… That’s what they’re looking for. Elected officials want a reason to support you,” Ahern said.
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Trump Energy Adviser Blasts ‘Enviros’ for Turning Fracking into Dirty Word
The U.S. oil and gas industry started a big comeback a decade ago at a time when environmentalists were predicting the industry would never recover, according to Harold Hamm, chairman and CEO of Continental Resources and energy adviser to Republican presidential candidate Donald Trump.
Speaking at the Shale Insight conference in Pittsburgh, Pa., on Sept. 21, Hamm said the U.S. shale gas sector has “changed the world” in a way that will provide energy security to the U.S. for the next 50 years. The industry’s great success, however, has spawned great opposition, he noted.
“And that opposition is what you’re seeing out there today,” Hamm said. “The enviros … thought we were done. They thought it was over for energy in America. They were clapping their hands. They believed we were going to ride off into the sunset and be gone forever.” But the industry came “booming back” across the U.S., he emphasized.
Hamm’s remarks were part stump speech for the Trump campaign and part pep talk for the oil and gas industry. As part of the stump speech, he brought up the attack in Benghazi, Libya, a popular Republican talking point, and Democratic presidential candidate Hillary Clinton’s email controversy and lamented a liberal tilt to the Supreme Court if Clinton wins the presidency in November. Trump was scheduled to address the Shale Insight conference on Sept. 22.
The oil and gas industry is getting attacked on numerous fronts, from renewable energy advocates to Hollywood actors to billionaire hedge fund manager Tom Steyer, Hamm complained. Opponents of the fossil fuel industry are resorting to using disparaging tactics, including adding a “k” to the word “frac,” an abbreviation of hydraulic fracturing, to make it sound like a dirty word, Hamm said. “If I’m introduced as a fracker, I’m going home. Nobody wants to be called the ‘f’ word. It’s undignified and I’m not putting up with it,” the 70-year-old vowed.
In July, Trump told a Denver television station that he supports fracking but said towns and states should be allowed to ban the drilling practice. That position was at odds with industry groups and congressional Republicans, who say localities should not have control over the practice.
Honoring the LawDuring his keynote address, Hamm criticized the Obama administration for its handling of the construction of the Dakota Access Pipeline. “Not a foot of [the Dakota Access Pipeline] goes under tribal land,” Hamm said. “They come in again and shut it down.”
The pipeline, proposed by Dallas-based Energy Transfer Partners, is designed to move large amounts of crude oil extracted from the Bakken Formation in northwestern North Dakota and eastern Montana, including volumes produced by Hamm’s own Continental Resources.
The Department of Justice on Sept. 9 issued a non-binding statement requesting a “voluntary pause on all construction” of the Dakota Access Pipeline near the Standing Rock Sioux Reservation. The request was released jointly with the Department of Interior and U.S. Army Corps of Engineers and came immediately after U.S. District Court Judge James E. Boasberg ruled against a Standing Rock Sioux motion to stop construction of the pipeline near their reservation.
“Nobody expected that this could happen. This was after a federal court judge ruled that they had no standing,” he said. “What we’re seeing a complete and total disregard for what made America great, the one thing we always had working for our country — and that is a very strong rule of law.”
As the Dakota Access Pipeline battle heated up, the “rule-of-law” argument has became a rallying cry among both industry supporters and Native Americans. “The administration’s attempts to shut down construction of the Dakota Access Pipeline show that it is putting politics ahead of the rule of law,” North America’s Building Trades Unions President Sean McGarvey said in a news release issued by the American Petroleum Institute.
In July, the Standing Rock Sioux Tribe filed a lawsuit against the U.S. Army Corps of Engineers, which is the primary federal agency that granted permits needed for the pipeline to be constructed. The tribe is seeking injunctive relief to halt construction of the pipeline. The lawsuit alleged that the Army Corps violated multiple federal laws, including the Clean Water Act, National Historic Protection Act and National Environmental Policy Act, when it issued the permits.
The U.S. Court of Appeals for the District of Columbia Circuit on Sept. 16 ordered Energy Transfer Partners to stop construction of the Dakota Access Pipeline for 20 miles on both sides of the Missouri River at Lake Oahe, while the Standing Rock Sioux Tribe’s appeal of its denied motion to do so is considered.
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Dakota Access Foes Call on AFL-CIO to Retract Support of Pipeline
The AFL-CIO is coming under attack from labor groups and their supporters angry about the organization’s support of the construction of the Dakota Access Pipeline through Native American land in North Dakota.
Demonstrators stood outside the AFL-CIO’s headquarters in Washington, DC, on Sept. 19 calling on the union federation to renounce its support for the oil pipeline project. AFL-CIO President Richard Trumka, in a Sept. 15 statement, called on Native Americans and the federal government not to “hold union members’ livelihoods and their families’ financial security hostage to endless delay” and asked the Obama administration to let construction on the pipeline continue.
“This is unacceptable behavior for the AFL-CIO, which has a rich history of supporting the right causes — civil rights, voting rights,” Brendan Orsinger, an activist and organizer, said in an interview at the demonstration. “My grandmother worked with unions to harness that people power and put pressure on Congress to help pass the Civil Rights Act and the Voting Rights Act of 1964 and 1965. My great-grandmother worked on the picket lines.”
The president of the Laborers’ International Union of North America (LIUNA) came out with an even stronger statement against Native Americans opposed to the construction of the Dakota Access Pipeline. “LIUNA is a champion of the right to peacefully demonstrate, however, extremists have escalated the demonstrations well beyond lawful civil disobedience,” Terry O’Sullivan, general president of LIUNA, said in a statement. O’Sullivan said he found it frustrating that Native Americans “have disregarded the evidence and the review process to vilify a project.”
Other labor unions have expressed solidarity with Native Americans in their fight against the Dakota Access Pipeline, proposed by Dallas-based Energy Transfer Partners. The Amalgamated Transit Union condemned “the ongoing violent attacks on the Standing Rock Sioux and others who oppose the Dakota Access Pipeline” and noted “these attacks by a private security company bring back horrific memories of the notorious Pinkertons, who used clubs, dogs and bullets to break up peaceful worker protests.” The Communications Workers of America issued a statement in support of the Standing Rock Sioux Tribe ” as they fight to protect their community, their land and their water supply.”
“The AFL-CIO has a proud history of working with oppressed people to gain their rights and worker rights and they need to stake a strong stand on indigenous rights,” Orsinger said. “They have a seal on their headquarters of a black hand and a white hand shaking. It bothers me that they are betraying their history and their moral high ground.”
Activists are hoping to apply enough pressure on the AFL-CIO so the federation finds it politically infeasible to support projects such as Dakota Access. “As many jobs as they may get from this pipeline construction, it is dwarfed by the amount of jobs they will lose elsewhere from the public turning against them,” Orsinger said.
The Dakota Access Pipeline project is a proposed 1,172-mile, 30-inch diameter pipeline designed to connect the Bakken production area in North Dakota to Patoka, Illinois. The pipeline would transport approximately 470,000 barrels of oil per day with a capacity as high as 570,000 barrels per day or more, which could represent approximately half of Bakken current daily crude oil production.
The U.S. Court of Appeals for the District of Columbia Circuit on Sept. 16 ordered Energy Transfer Partners to stop construction of the Dakota Access Pipeline for 20 miles on both sides of the Missouri River at Lake Oahe, a dammed section of the Missouri River near the tribe’s reservation, while the Standing Rock Sioux Tribe’s appeal of its denied motion to do so is considered.
Pipeline Stance Spurs DissentDissent exists inside the AFL-CIO and within affiliated organizations on where the federation should stand on issues related to Native Americans and environmental justice. The Labor Coalition for Community Action, which represents the AFL-CIO’s bridge to diverse communities, on Sept. 19 announced its support for Native Americans in their fight against the Dakota Access Pipeline. The Labor Coalition for Community Action’s six AFL-CIO constituency groups are the A. Phillip Randolph Institute, the Asian Pacific American Labor Alliance, the Coalition of Black Trade Unionists, the Coalition of Labor Union Women, the Labor Council for Latin American Advancement, and Pride at Work.
“Though cited to bring 4,500 jobs, the Dakota Access Pipeline seriously threatens tribal sovereignty, sacred burial grounds, and the water supply of the Standing Rock Sioux,” the Labor Coalition for Community Action said in a news release.
“This was about pushing back on corporate greed. This was about standing up for environmental, racial and economic justice,” Asian Pacific American Labor Alliance (APALA) Executive Director Gregory Cendana said in an interview. He noted that APALA also publicly opposed the Keystone XL pipeline, while the AFL-CIO supported it.
“While this is not in line with the AFL-CIO stance, we want to send a message out to the labor movement and the broader community that there are differing views on this and that the Labor Coalition for Community Action and APALA stand in solidarity with the Native American community and will do what we can to continue pushing back on the building of the Dakota Access Pipeline,” Cendana said.
The AFL-CIO’s support for the Dakota Access Pipeline demonstrates Trumka’s willingness to assent to powerful unions like LIUNA while sacrificing its standing among related social movements, according to an Industrial Workers of the World (IWW) organizer who attended the demonstration.
Trumka came to the AFL-CIO from the once-militant United Mine Workers of America (UMWA). The UMWA, as its membership dwindled in recent decades, has found itself on the defensive, fighting to preserve its members’ pensions and turning itself into a political organizing tool serving mostly Republican lawmakers who promote policies aimed at keeping coal companies afloat.
“From a historical standpoint, the labor movement is always weakest when it prioritizes immediate material interests over a larger vision for society,” the IWW organizer said.”And the AFL-CIO and the larger labor movement have been in a backward slide since the 1970s. This is a manifestation of that because it’s becoming a huge issue for so many groups to support the indigenous struggle, but the labor movement is lagging behind.”
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‘A Tourist in My Own Land’: The Bulldozing of Indigenous Society
Native Americans are traveling the nation once again to raise awareness of their exploitation. This time, indigenous activists are spreading the word about an energy infrastructure company, with the backing of police agencies, politicians and union leaders, running roughshod over them.
Among their recent stops was Washington, DC, where Native Americans pleaded for President Barack Obama and members of Congress to help them stop Energy Transfer Partners’ proposed Dakota Access Pipeline from snaking through their land. “They need to know that Native Americans are no longer expendable,” Lauren Howland from the International Indigenous Youth Council told a crowd of activists protesting the banks investing in the Dakota Access Pipeline.
Howland, who traveled with her friends from the Camp of the Sacred Stone to Washington, reminded the activists that it wasn’t tribal leaders who began the campaign last spring against Dakota Access. It was a youth-led movement. It was a group of young Native Americans who learned from their parents and grandparents how Europeans sought to wipe them off the map.
“I am living proof that colonization has failed. I am decolonizing my people,” Howland said. She remembered the millions of Native Americans killed by white settlers. “It was the biggest genocide on this Earth and no one talks about it,” she said, before tears prevented her from continuing her speech.
A day earlier, Jasilyn Charger, a Native American youth activist from the Cheyenne River Sioux Tribe and a friend of Howland’s, told an anti-Dakota Access Pipeline rally how Obama once told Native Americans he would stand on their side in times of need. “You’re standing in silence as we’re asking for your help. You told the people if they wanted help to ask for it. Now we’re screaming it, we’re shouting it,” Charger said in Lafayette Square across from the White House.
But Charger understands it will be Native Americans and their allies, not the U.S. government, who will need to do the heavy lifting against the Dakota Access Pipeline and every other form of exploitation that comes later. “We have been here before this government has come here and we will be here long after, and that is a promise,” Charger said. “We are tired of people making decisions for us. So we are taking it into our own hands. We’re standing up. We’re organizing.”
Living in Unity with the LandAfter centuries of colonization, Howland sometimes feels a sense of isolation in a country where her ancestors lived and died long before European settlers arrived. Upon her arrival in Washington the night before she spoke to the anti-pipeline activists, Howland said she stood outside the White House.
“I came here last night and I was walking around and I was getting stared at by everybody I passed. Every single person that passed me looked at me like I was foreign, like I wasn’t from here, which is crazy. My people have been here for thousands of years,” Howland said. “It’s funny how I felt like a tourist in my own land. My ancestors died here. Everywhere in America is built on my ancestors’ burial ground. That is desecration.”
Back in North Dakota, Native Americans and their allies have been met by riot cops with semi-automatic weapons, private security guards with dogs and mace, and political leaders with a reverence for corporate shareholders over the protection of Native American land and water. They’ve witnessed union workers with the Dakota Access Pipeline project demolish dozens of Native American burial sites.
Despite the heavy-handed police tactics, the Native people gathering near the Standing Rock reservation promise to remain there in protest of these types of practices. “My people lived in unity. We still do,” Howland said. At the protest camp near Standing Rock, money doesn’t exist, she explained, but the people at the camp are making daily life work well. By witnessing the juxtaposition of land desecration in the name of economic growth and a peaceful gathering of Native Americans, one sees a perfect “example of how capitalism has taken over America,” she said.
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Native Americans Target Banks in Multi-Pronged Attack on Dakota Access
Native Americans and environmentalists are targeting the financial institutions providing Energy Transfer Partners with loans to build its proposed Dakota Access Pipeline, an oil transportation system designed to carry Bakken crude near the Standing Rock Sioux Reservation in North Dakota.
The odds are slim the banks will choose to back out of their financial agreements with Dallas-based Energy Transfer Partners. But the activists are preparing to settle in for the long haul and are planning to make the protests against the financial institutions part of a multipronged attack on the pipeline project.
“People think that everybody is going to leave when winter comes. I have a secret to tell you. We’re not leaving,” Jasilyn Charger, a 20-year-old activist from the Cheyenne River Sioux Tribe, said at a Sept. 13 rally across the street from the White House in Washington, D.C. A camp outside the Standing Rock Sioux Reservation has become the focal point of resistance to the pipeline project.
Construction of the $3.8 billion Dakota Access Pipeline would not be possible without major financial institutions, such as Citigroup, Bank of America, Wells Fargo, JPMorgan Chase & Co. and TD Securities, providing project loans to the company. “We are up against the usual suspects. I’m talking Citibank. I’m talking Wells Fargo. I’m talking JPMorgan Chase,” Chase Iron Eyes, an American Indian activist and attorney from the Standing Rock Sioux Tribe, said at the rally.
The Standing Rock Sioux Tribe is worried the pipeline will negatively impact water quality on its reservation and imperil cultural heritage sites. The Dakota Access Pipeline would cross under the Missouri River, the source of drinking water for the Standing Rock Sioux Tribe. The pipeline also would cross some of the tribe’s burial grounds. On Sept. 3, pipeline company security dogs with dogs and mace attacked people trying to protect the burial grounds from pipeline construction.
“It’s also good business to protect our water resources because we don’t have energy security unless we have water security. We don’t have food security unless we have water security. We don’t have national security unless we have water security. I say that with the truest of intentions,” Iron Eyes said at the rally. “We have been here since time immemorial and we have been telling you that you can get by love what you have taken by force.”
Protesters March on TD BankAccording to a new Food & Water Watch report, 17 financial institutions have loaned ETP subsidiary Dakota Access LLC $2.5 billion to construct the pipeline. Native Americans and other activists on Sept. 14 marched from Lafayette Square across from the White House to a nearby TD Bank branch. TD Securities, part of the Canada-based TD Bank Group, is contributing $365 million to the pipeline project, according to the Food & Water Watch report.
The activists drafted a letter to deliver to the bank’s branch manager. “Your bank may be one of the ‘most convenient’ for customers in Washington, D.C., but TD Securities’ funding of the Dakota Access pipeline is not ‘convenient’ for the members of the Standing Rock Sioux tribe through whose land it passes, and whose water source — the Missouri River — is threatened,” the letter, dated Sept. 14, said.
In an emailed statement, TD Bank said it supports “responsible energy development” and that it employs “due diligence in our leading and investing activities relating to energy production.”
“We work with our customers, community and environment groups, and energy clients to better understand key issues of concern, and to promote informed dialogue,” TD Bank said in the Sept. 14 statement. “We also respect the rights of people to voice their opinions and protest in a peaceful way. Our oil and gas sector lending represents less than 1% of our total lending portfolio.”
The Dakota Access Pipeline project is a proposed 1,172-mile, 30-inch diameter pipeline designed to connect the Bakken production area in North Dakota to Patoka, Illinois. The pipeline would transport approximately 470,000 barrels of oil per day with a capacity as high as 570,000 barrels per day or more, which could represent approximately half of Bakken current daily crude oil production.
At the Aug. 13 rally at the White House, May Boeve, executive director of environmental group 350.org, compared the fight against the Dakota Access Pipeline to the years-long anti-Keystone XL battle. During the fight against Keystone XL, “People said, ‘You may as well give up. They may as well go home. Pick another fight. You’re too late. You’re too weak as a movement,’” Boeve recalled. “Well, guess what. We didn’t take no for an answer. We organized. We rallied, we went to jail. And last November, President Obama stood at a podium at the White House and cancelled the permit for the Keystone XL pipeline.”
In July, the U.S. Army Corps of Engineers approved many of the final permits necessary to construct the Dakota Access Pipeline. On Sept. 9, the U.S. government issued a statement stating it would temporarily not allow construction of the Dakota Access Pipeline underneath a section of the Missouri River that has become the main battleground of dispute over the project. The statement came on the same day that a federal judge denied a request by the Standing Rock Sioux Tribe to halt construction of the pipeline in North Dakota.
Earlier this week, ETP CEO Kelcy Warren issued a letter defending the safety of the pipeline and insisting the company is committed to finishing the job over the objections of Native Americans.
Sen. Bernie Sanders of Vermont told the hundreds of people gathered at the Sept. 13 rally that “it’s vitally important that we show our solidarity with the Native American people.” Sanders criticized ETP for its refusal to hold off on construction of the pipeline. “In absence of the pipeline company’s compliance, further administration action is needed. That is why I am calling on President Obama today to ensure that this pipeline gets a full environmental and cultural impact analysis,” Sanders said. “When that analysis takes place, this pipeline will not continue.”
This article was originally published in Counterpunch.
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‘The Emancipation of Cecily McMillan’: Prison Liberated Voice of Occupy Wall Street Activist
Home was not a sanctuary for Cecily McMillan. It was a conflict zone. Her parents were constantly at war, with an end to hostilities only coming when they finally divorced.
Following the breakup, McMillan and her little brother James went to live with their mother, who moved from one low-paying job to the next, and from one hapless boyfriend to the next. Every new man who McMillan’s mother brought home eventually would seek to exert his power over the family through the use of violence.
One of her mother’s failed relationships was a marriage to a much older man named Jesse who slapped McMillan with the back of his hand for “getting mouthy” and grabbed her arm hard enough to bruise it. McMillan’s father was the same way. She endured beatings from him, including one time when he pinned the 17-year-old McMillan to the wall by the neck, with her feet dangling midair, and told her “how things are going to be.”
“It wasn’t the first time he or the many men I’d called ‘father’ had gotten physical, but it had to be the last time,” McMillan writes in her new autobiography, The Emancipation of Cecily McMillan: An American Memoir, published by Nation Books. “I couldn’t take it anymore — I thought I really might kill the next man that laid a hand on me.”
Unfortunately, the violence continued into McMillan’s young adulthood. In March 2012, at the age of 23, a man accosted her in a park in New York City. This time the man wasn’t someone she called “father.”
In a just world, McMillan would have been given a medal of courage for attempting to protect herself against an attacker and surviving to tell a story about it. But the man happened to be a police officer with the New York City Police Department (NYPD). He was part of a larger NYPD gang tasked with shutting down a peaceful gathering in Zuccotti Park, a paved-over piece of land near the southern tip of Manhattan made famous by the Occupy Wall Street (OWS) movement.
New York City officials chose to prosecute McMillan, who was arrested for throwing an elbow at the police officer. Two years later, after a four-week trial, McMillan was convicted of felony second-degree assault and sent to Rikers Island to serve her sentence.
Separate and UnequalMcMillan describes her time at Rikers Island and the bonds she built with her fellow prisoners. Upon her release, McMillan gave a speech in which she listed demands that her fellow prisoners had drawn up, including adequate, safe and timely health care at all times. “I have learned that the only difference between the people we call ‘citizens’ and those we call ‘criminals’ is vastly unequal access to resources,” McMillan said in her speech.
In the book’s introduction, Nadya Tolokonnikova and Masha Alyokhina of the Russian punk group Pussy Riot, focus on McMillan’s transformation in jail and how she left captivity wanting to work for the emancipation of the other women incarcerated on Rikers Island. “While those in power want to silence undesirable voices, it is Cecily’s goal to return those voices to the people who have been deprived of them,” wrote Tolokonnikova and Alyokhina, who visited McMillan at Rikers Island.
The Emancipation of Cecily McMillan is a gripping story of years of rebellion and discovery that preceded the well-chronicled confrontation in Zuccotti Park. The story is organized chronologically, with the early years of her life — before she became one of the best-known OWS activists — proving more compelling at times than her brief period as an adult, much of which she has spent in the spotlight after her arrest. The reader gets a strong hint of her wild childhood in the first chapter when McMillan states she and her mother were perfect for each because her mother never wanted to be a parent and McMillan never wanted to be a child.
McMillan demonstrates a gift for storytelling throughout the book. She always had a knack for public speaking, although her parents and teachers often gritted their teeth when she vocalized her thoughts in the form of diatribes and tantrums. She also relished the spotlight when working in theater groups as a teenager. However, not every successful orator or actor can write a compelling story, and vice versa. But McMillan proves in the book she is adept at both forms of self-expression. Growing up, McMillan traveled between Texas and Atlanta, Georgia, depending on whether she was living with her Mexican-American mother, her Irish-American father or her grandparents. McMillan was fortunate that other people stepped up to offer support and guidance.
Facing homelessness as a teenager, McMillan contacted her theater instructor in Atlanta, a woman named Nyrobi who welcomed McMillan into her home and treated her like a member of the family. It was one of the first times that McMillan sensed she was at home, a feeling that helped her stay out of a trouble and start enjoying school.
Bullies on ParadePrior to finding a taste of peace with Nyrobi, McMillan encountered a system that embraced conformity and sought to quash dissent. In the town of Lumberton, Texas, she chose not to stand for the Pledge of Allegiance at school because she objected, on religious freedom grounds, to the “under God” portion of the pledge. The school principal warned McMillan she would get a “taste of hell” if she ever again refused to stand. McMillan stuck to her principles, and the next day, the school’s softball coach was selected to mete out justice, assaulting her with a paddle. McMillan remembers how she “choked back a cry” each time the paddle hit her backside.
McMillan always championed the underdog and wasn’t afraid to confront bullies in school, whether they were fellow students or school administrators. She hoped her political evolution would gain momentum while attending college at Lawrence University in Wisconsin, and yet her first impressions were not promising: a virtually all-white, apolitical student body. But during her college years, McMillan’s politics ultimately did take a turn when she finally learned about the political leanings of her step-grandfather, Harlon Joye, who had been involved in left-wing politics for decades.
Joye, who was her father’s step-dad, invited McMillan to attend the 2010 United States Social Forum in Detroit, where she became acquainted with the Democratic Socialists of America. Joye had been active in groups that were precursors to the Students for a Democratic Society, working closely in the 1960s with high-profile activists like Tom Hayden and John Lewis.
“Whether it was as a Democrat in Texas or a Socialist in college, I’d always been the most radical person wherever I was — that is, until I moved to New York City and joined Occupy Wall Street,” McMillan, who is 27-years-old today, writes in the book. “Most of my fellow ‘Occupiers’ shrugged me off as some sort of moderate.”
Despite the less-than-warm reception, McMillan became a committed OWS activist — an “Occupy diehard,” as she called herself — from the start of the movement in August 2011. She continued to attend meetings and actions in the months after the police evicted the encampment from Zuccotti Park in November 2011. At OWS planning meetings and general assemblies, McMillan pushed the other activists to adopt a pledge of nonviolence. Other activists preferred to keep the “diversity-of-tactics” door open. They agreed to disagree.
On the six-month anniversary of OWS, McMillan wasn’t planning to attend the protest gathering in Zuccotti Park. She entered the park simply to retrieve her friend Jake so they could go to nearby Irish bars to celebrate St. Patrick’s Day. Instead, she was caught in a police vortex after the NYPD unilaterally declared the park closed. “I’m snatched from behind, pulled up by the breast, and flung backward then face forward into the ground,” she recalls.
Government prosecutors accused McMillan of intentionally elbowing a police officer. McMillan claimed she was defending herself against someone who had grabbed her breast. A video of the incident shows someone, purportedly McMillan, using her right elbow to strike someone, purportedly New York City police officer named Grantley Bovell.
After police tackled her, McMillan suffered seizures, but wasn’t given medical attention until hours later when she was taken to Beekman Hospital and then to Bellevue Hospital. At Bellevue, she was handcuffed to a hospital bed and wheeled into small, windowless room.
“It was starting to feel like a horror flick, especially when I realized that that same tiny room doubled as the cellphone charging station for all the cops forced to work the nightshift with sick criminals,” she remembers. The police officers apparently knew who she was. One of the police officers said “fuckin’ Occupy cunt” as he looked between McMillan’s opened legs on the hospital bed. Another police officer came into the room and joked to his buddies about McMillan’s “Occu-pussy.”
McMillan was eventually driven to a Manhattan County courthouse at 100 Centre Street, where she was allowed to meet with a lawyer for the first time — 40 hours after her arrest. She was then brought before a judge who announced McMillan was facing a charge of felony assault in the second degree. She was then released without bail.
An Emancipation ProclamationMore than two years later, in April 2014, McMillan’s trial finally began. Martin Stolar, McMillan’s attorney, “discovered a laundry list of alleged abuse and corruption” by the police officer who McMillan allegedly assaulted. McMillan writes that, “in our view Bovel had a habit of losing his temper then blaming the victim and lying to justify his actions.” But Judge Ronald Zweibel ruled against Stolar’s motion and refused to allow any of Bovell’s record into the trial.
McMillan doesn’t pull any punches in the book, a promise she had to make when she decided to write her memoirs about the trauma-filled life of a 27-year-old. Revealing the truth, though, would mean potentially alienating her father with stories about how he treated her and letting the world know her little brother had turned to a life of drugs. A commitment to honesty also meant reliving the frightening night in Zuccotti Park.
Readers who think they know everything about McMillan’s post-Zuccotti Park life will still be riveted by her detailed look back at trial preparation and the trial itself, which was filled with surprises, including a witness who may have wanted to redeem himself by testifying on behalf of McMillan. In the end, the jury issued a guilty verdict. On May 19, 2014, McMillan was sentenced to three months in jail with five years of probation and 500 hours of community service to follow, plus a $5,000 fine and mandatory anger management therapy. McMillan served 58 days of her jail sentence at Rikers Island.
Two years after the jail doors opened, McMillan claims in Emancipation that her experience at Rikers helped her escape from the constraints she had placed upon herself about who she should be and what she should do. She credits her fellow prisoners with forcing her to face, live and test the person she already was. By letting her voice their demands, the women at Rikers, according to McMillan, gave her the voice that she had been searching for, one that understood both the language of power and the ability to share it equally. It was a dynamic that was missing from her life from childhood into early adulthood.
“The guards didn’t free me that day, the women did,” she writes.
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Silver Spring Residents Prepare for Legal Fight as Natural Gas Odors Linger
Residents at a Silver Spring, Md., apartment complex are still complaining about strong natural gas odors one month after a devastating explosion and fire killed seven of their neighbors and injured dozens more.
Since the Aug. 10 disaster, the Montgomery County, Md., Fire and Rescue has been called to the Flower Branch apartment complex, located on Piney Branch Road, numerous times in response to unusually strong natural gas odors.
The latest visit by the fire department to the apartment complex reportedly occurred later on the same day that CASA, a nonprofit that advocates for low-income workers and tenants, held a press conference announcing that it is partnering with two law firms — Bailey & Glasser LLP and Gupta Wessler PLLC — to conduct an independent investigation of the natural gas-fueled explosion and fire at the apartment complex.
After completion of the investigation, the group is likely to file a civil lawsuit on behalf of more than 80 residents of the apartment complex, including about a dozen tenants who were directly impacted by the explosion and fire. Along with the deaths and injuries, 84 families were displaced from their homes at Flower Branch. Given the persistent smell of natural gas and the memories of the disaster, CASA officials said many residents are suffering from post-traumatic stress disorder.
“Especially for kids, they are having nightmares. They are thinking there’s going to be another explosion. Some tenants are still afraid to cook,” CASA spokeswoman Fernanda Durand said.
Based on preliminary findings, investigators and building management are blaming a natural gas leak in a basement utility room. The National Transportation Safety Board has taken over the investigation into the causes of the disaster and is expected to issue a final report within 12 months.
CASA does not believe the residents should have to wait as long as a year to find out if their apartment complex is safe. “We’re conducting an independent investigation. Out of the results of that is how we’re going to decide to hold them responsible for this,” Durand said of the planned lawsuit. “We should complete the investigation within two or three weeks.”
‘A Pattern of Intimidation’After the Sept. 7 press conference announcing the lawsuit plans, a group of Flower Branch tenants and organizers walked to the apartment complex offices and delivered a petition signed by about 130 people. The group, known as the Flower Apartment Committee for Justice, Safety and Dignity, requested a meeting between the owners of the complex and all tenants of the Flower Branch complex. The tenants want to address a wide range of issues, including ending alleged mistreatment and harassment from apartment managers and security personnel and addressing the “deplorable conditions” at the apartment complex.
“There’s been a pattern of intimidation from management, which goes back a long time, not just now. Security guards are using all types of intimation tactics. It takes people with a lot of courage to come forward,” Durand said.
In a Sept. 7 statement, Kay Apartment Communities, the managers of the complex, said it will reach out to the residents who signed the petition “so they know we are ready and willing to meet with them.” The management company also said it will continue to ask residents to report any safety concerns to its office and that the complaints will be immediately followed up on.
According to the petition, apartments that were evacuated during the fire and are now occupied have not been properly repaired, and other apartments have broken balcony railings and rotten floorboards. Evacuations due to natural gas leaks have continued to happen since the explosion, the petition reads.
“The smell of gas is around the buildings and management does nothing about. So the same problems that led to the explosion continue to happen,” Durand said. “The residents believe it wasn’t a one-off thing; there’s something wrong in the whole apartment complex.”
Kay Apartment Communities said it has met with the affected leaseholders and has been working to help them find new homes. “In less than 24 hours after the explosion, we began working collaboratively with CASA de Maryland and IMPACT Silver Spring to assist the residents, and on the night of Aug. 16, 2016 our management team met with the group for more than 2.5 hours at Clifton Park Baptist Church to answer resident questions directly, and to begin to distribute our relocation packages,” Kay Apartment Communities said in its statement.
Of the 24 apartments that are no longer habitable, all leaseholders and their authorized occupants have been contacted in an effort to secure other housing for them and provide financial assistance, Kay Apartment Communities said. Nineteen, or 79%, of those apartments’ leaseholders and authorized occupants have accepted other homes with Kay Apartment Communities, the company said.
Legal Battle Heats Up
At the press conference, Bailey & Glasser attorney Cary Joshi said her law firm will “support the efforts of the community to bring about lasting, systemic changes that will ensure that what happened in Flower Branch never happens again.”
Bailey & Glasser plans to interview survivors, Kay Management and Washington Gas personnel as well as first responders. “As more people are interviewed, more leads will be developed, so this process does not have bookends,” the law firm said in an email.
While Bailey & Glasser will be leading the independent investigation, co-counsel Gupta Wessler will focus on the legal issues in the case and possible appeals. “This is the first time CASA has had a case of this kind,” Gupta Wessler founding principal Deepak Gupta said in an interview. “They don’t seek out cases like this. This case came to their doorstep.”
The lawsuit, once it is filed, will not depend on the official findings by the NTSB, which are not usually admitted as evidence in civil suits anyway, Bailey & Glasser said.
Charleston, W.Va.-headquartered Bailey & Glasser has represented other communities impacted by disasters, including serving as co-counsel in a jury trial that alleged a Massey Coal subsidiary had damaged or destroyed the wells and water supplies of residents of Mingo County, W.Va. The plaintiffs and their attorneys won a total cash recovery of $3.2 million, plus injunctive relief.
The firm also won a 2011 jury trial for 40 Huntington, W.Va., residents whose homes and properties were flooded by a municipal storm-water control system. The total recovery for the residents exceeded $1 million. When Huntington’s system again caused flood damages, Bailey & Glasser sued again in 2012, and, after another jury trial, obtained a second million-dollar judgment. In 2014, the firm won an appeal at the West Virginia Supreme Court when the court ruled that monetary damages awarded to homeowners but cut by the judge be restored.
This article was originally published on Energy Action News.
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Standing Rock Sioux Celebrate as Pipeline Halted Near Reservation
The Department of Justice on Friday issued a non-binding statement requesting a “voluntary pause on all construction” of the Dakota Access Pipeline near Standing Rock Sioux Reservation. The request was released jointly with the Department of Interior and U.S. Army Corps of Engineers and came immediately after U.S. District Court Judge James E. Boasberg ruled against a Standing Rock Sioux motion to stop construction of the pipeline near their reservation.
The joint statement was seen as a strong intervention in an intensifying standoff between Dakota Access, LLC and over 150 tribes encamped at three sites near Lake Oahe, and Cannon Ball, North Dakota. The Standing Rock Sioux have been locked in a battle with the Army Corps of Engineers and Dakota Access, LLC over the $3.8 billion Dakota Access pipeline with the future of the Standing Rock Sioux water rights and preservation of their ancient burial sites in the balance.
The three-agency request came a day after North Dakota Governor Jack Dalrymple activated the National Guard to support police and private security already deployed near the Sacred Stone and Sicangu Rosebud Camps in response to a massive influx of Standing Rock Sioux allies and supporters.
These developments are significant in showing that organized resistance can influence political forces to stop industry machinations dead in their tracks. In this case the rallying call of the Sioux drew thousands to its front lines in support of the water and land protectors, and challenged authority until it blinked.
By continuing steadfast and unpredictable actions, the Sioux have raised national and international awareness of indigenous strife, forcing the Obama administration to react against the energy industry standard of land grabs and pipeline permits which are almost never rejected.
Sacred Stone Camp Reacts to Statement with Jubilation
As copies of the DOJ joint statement were circulated, there were cheers of jubilation from end to end of the Sacred Stone camp. After a month of escalating conflict, there was a sudden outporing of celebration. Tribes held dance circles by fire sides and prayer groups at the banks of Lake Oahe and the Missouri River on Friday and Saturday morning.
As evening fell, the 7 Council of Fires, including the Dakota, Lakota and Nakota people, dressed in traditional attire and held a massive ceremony of thousands, welcoming everyone who came. “This was a hiatus to the construction of the Dakota Access Pipeline under Lake Oahe,” said Doug Grandt, an environmentalist who has been staying at the Sacred Stone camp for the last week.
“It’s not just about oil anymore,” said Grandt. “It’s the first time in 140 years the 7 Council Fires have come together with unity of the entire Sioux Nation.” The 7 Council Fires represent the seven divisions among the Dakota and has been traditionally referred to as the Great Sioux Nation. Grandt confirmed the spirit and camaraderie in the camps was strong as ever and growing in a common cause as the Sioux Nation came together not just to talk about land and water rights but to work through long standing disputes and discuss their future.
The Camp will not be disbanded as thousands of land and water protectors have gathered and many plan to remain there to “monitor the situation” until at least January 1, according to Grandt. They are ready with their next steps of actions against builders of the 1,172-mile pipeline in the event Dakota Access continues building, encroaches on traditional indigenous peoples land or further damages sacred burial sites which pipeline work crews bulldozed last week.
Grandt also said that National Guard troops deployed along the highway leading to the camps made it difficult getting through a road security check point where about a dozen guards were stationed. The Guard checkpoint outside Cannon Ball, was set up as an “information” point but a press release by Standing Rock Sioux reported that vehicles were being subjected to searches.
The physical conditions at the camp were becoming more difficult with Autumn. Rain over the past few days had muddied the main roads in the Sacred Stone Camp, challenging efforts to organize actions. It also stymied heavy earth moving equipment used by pipeline construction crews which had been idle anyway due to the temporary Court injunction.
Direct Actions Proved Effective
A series of protectors’ direct actions have already resulted in dozens of arrests. A brutal dog attack on peaceful protectors by a security firm near the reservation resulted in a cascade of overwhelming public support. As word spread of heavy police deployment, and the activation of the National Guard, even more joined in the days after the dog attack. The camps mushroomed in size from a few hundred to many thousands, requiring three separate camps to house and feed the massive influx.
Protectors organized under night cover and moved by early daylight, confounding construction crews. They used lock boxes to fasten their arms to bulldozers, stopping excavation for hours and preventing pipeline workers from progress on the project. Police came to cut their chains and dozens were arrested for trespassing.
In another action protectors spray painted graffiti on equipment. Green Party presidential candidate Jill Stein also spray painted equipment, and a warrant was issued for her arrest. Protectors were constantly challenging private security officers, rallying supporters to join the camps and were not afraid to push the envelope in how they could challenge authority.
Supporters arrived at the camps by car, canoe and kayak. Some even traveled along the Missouri River from Bismark in a large flotilla of canoes, a traditional means of travel, which effectively circumvented the National Guard check point.
Uncertainty Remains Despite Victory
There was, however, some amount of uncertainty over what would happen next.
“They understand this is not the end-all solution,” said Grandt. “The Tribes realize that although there is a moment of victory here, they have to reamain vigilant and continue to monitor the situation and be ready to respond.”
The standoff is not likely to escalate in the immediate future but legal maneuvering is still far from over, so the pipeline may still be built. The question remains: will the pipeline be stopped and if not, where will the new route be?
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Did Obama Just Avoid War with Great Sioux Nation?
The Obama administration with the U.S. Army Corps of Engineers today made a stunning announcement which nullified a much-anticipated federal court ruling regarding a pipeline opposed by Dakota Native American tribes.
A U.S. District Court decision removed a major barrier to construction of the Dakota Access Pipeline, which would deliver Bakken shale oil from North Dakota to Illinois. But in a joint statement shortly following the court’s ruling, the U.S. Department of Justice, the U.S. Army Corps of Engineers and the Department of the Interior issued a joint statement saying that the Army Corps would not grant Dakota Access, LLC a crucial permit needed to complete the pipeline and might even reconsider previous decisions.
In addition, the government called for a discussion on a major sticking point in the case just considered in federal court: how much tribes are consulted during the permitting of major infrastructure projects.
This fall, according to the statement, they “will invite tribes to formal, government-to-government consultations” on two points: how the federal government can better ensure tribal input into infrastructure-related reviews, and whether new legislation should be proposed to Congress to adjust the “statutory framework” governing the permitting of infrastructure projects.
The Army Corps was expected to grant an easement for Dakota Access to bore under Lake Oahe, but now says, in the statement just released, it will refrain from granting the permit until it conducts a review under the National Environmental Policy Act (NEPA) or other federal laws. The Environmental Protection Agency, in disagreement with the Corps’ previous position, had pushed for such a review.
The statement also calls on Dakota Access to voluntarily refrain from construction activity within 20 miles of the lake. So far, Dakota Access has declined to comment on the ruling and the government’s announcement.
Thousands have flocked to North Dakota to block construction of access roads and clearing and grading for a section of the 1,172-mile pipeline which the Standing Rock Sioux Tribe says will pollute their drinking water supply just north of its reservation. Two encampments, in addition to the original Sacred Stone Camp, were established to accommodate members of numerous Sioux tribes and their supporters from all over the country, who call themselves protectors rather than protesters.
Court Sides with Government Against TribeThe government’s announcement immediately followed U.S. District Court Judge James E. Boasberg’s denial of a motion of preliminary injunction on the Army Corp’s permitting of Dakota Access construction around Lake Oahe. The Standing Rock Sioux Tribe had sought the injunction on the basis of irreparable harm to sites of cultural and historical importance under the National Historical Preservation Act.
Judge Boasberg agreed with the Army Corps that it had adequately reached out to the Standing Rock tribe, yet the tribe had largely refused to engage in the process. He contended that he lacked jurisdiction on areas west of Lake Oahe because they are private property and not subject to Army Corps permitting, which applies only to waterways on federal land. Furthermore, the judge noted that the purpose of an injunction is preventive. Since 48% of the pipeline has already been completed, he wrote, “the risk that construction may damage or destroy cultural resources is now moot.”
Heightened ConflictDakota Access, with the support of local law enforcement, has seemed determined to flatten any resistance which would delay getting the $3.8 million project completed. The governor of North Dakota has firmly backed the company by declaring a state of emergency and deploying the National Guard. Dakota Access and law enforcement allege that protectors have engaged in violent conduct and vandalism, at times wielding “hatchets” and sticks, while the Sacred Stone Camp maintains that its tactics are nonviolent.
After the Army Corps gave Dakota Access permission to proceed with clearing and grading in late July, water protectors have conducted blockades and chained themselves to construction equipment. Conflict climaxed last weekend when a private security company hired by Dakota Access sicced dogs on tribe members, who were incensed that the company was bulldozing an area just identified as a burial site and possible archeological goldmine.
The optics of Natives bitten and wounded by vicious dogs egged on by hired white guards dressed like military were devastating. The Army Corps did not oppose an emergency motion to halt construction until Friday’s court decision. Rallies in sympathy with the Standing Rock Sioux tribe have been held around the country.
The Great Sioux Nation RisesJim Gray, former chief of the Osage tribe, calls the Sacred Stone Camp “the biggest story no one is covering.” In particular, the confluence of the Dakota, Lakota, and Nakota tribes, often called the Sioux, is unprecedented when there have habitually been inter-tribal conflicts.
In the last year, thousands of Native people have traveled to Standing Rock’s reservation to join their brothers and sisters in what could be a long sustained presence to resist the construction of this pipeline project. In recent months, over 150 tribal governments across the U.S. have passed letters of support, resolutions and have sent tribal delegations with provisions to the reservation to assist the “Protectors”. This kind of commitment is unprecedented in the modern era. Even during the height of the 70’s, there never was this level of support both politically and in resources to help another tribe in their time of need.
Following the U.S. District Court’s denial of a motion for a temporary restraining order on construction west of Lake Oahe on Sept. 6, people are reported to be arriving at the camps at an even greater rate and preparing for a long stay. The Great Sioux Nation is united and determined.
Long History of BetrayalIn his ruling, Judge Boasberg referred to the long history of “indignities visited upon the Tribe over the last centuries” by the U.S. government. The U.S. Army has of course historically played an outsized role in persecuting the Sioux, among them the Massacre at Wounded Knee.
The U.S. Army Corps of Engineers has also inflicted harm on Native American tribes. The Standing Rock Sioux and surrounding tribes have reason to bear a grudge after the Corps dammed the Missouri River in 1958, flooding an area where tribes for many long years had met for trade and ceremony, land they considered sacred. The result was Lake Oahe, under which the Dakota Access now wants to drill to place a pipeline transporting shale oil from North Dakota.
The Obama administration may have wanted to avert an inevitable and possibly violent crackdown after the U.S. District Court unequivocally denied the Standing Rock Sioux Tribe’s motion. It’s also likely that Obama doesn’t want to leave office with the legacy of having started another “war” with the “Indians.”
Whether the U.S. government, with its history of breaking every single treaty it has ever made with Native American tribes, is dealing in good faith with the Sioux Nations remains to be seen. It hasn’t actually stopped the Dakota Access Pipeline, only requested a “pause” for further review, perhaps in the hopes that delay will allow time to disband the encampments or exhaust them by winter.
“We have a long history of working with Army Corps of Engineers, a long history of them not being truthful, and a long history of them destroying land,” Sacred Stone Camp Director LaDonna Bravebull Allard said after the government’s announcement. “The Army Corps has never been truthful with the tribes, so we must always be cautious of whatever they say.”
UPDATE: Sacred Stone Camp posted the following on its Facebook page:
Let’s be cautious about celebrating this. On one hand it seems clear that our pressure is having an effect. Let’s keep it up.
But we have seen time and time again a consistent strategy from the State in these situations: string out the process, break it to us gradually to avoid a big confrontation, present the illusion of careful thoughtful review of the case, tempt us with promises of modest reforms…but then in the end make the same decision that serves money not people. So far this is just talk, not actions, and actions are all we should care about.
Stop the pipeline, and then we’ll celebrate.
We are not leaving until this is over.
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Understanding How Public Housing Is Funded… It’s Harder Than You’d Think
Emily McDonald is a graduate student in the sociology department of George Mason University. She has been a volunteer intern for Grassroots DC since May 2016.
THE FIGHT FOR PUBLIC HOUSING IN 2016
In my time with Grassroots DC, I was given the underestimated task of tracking DCHA’s budget from the founding of Potomac Gardens on Capitol Hill until now. I began looking through HUD documents, only to find different structures of information for each year. I was able to track large budget numbers, indicating a large pullback in federal spending, but little evidence of what was appropriated specifically to DC. Rather, I found changing agreements between the federal and the local every few years with little overall consistency in the federal government fully funding the DC Housing Authority, leaving public housing residents feeling the pinch.
As a sociologist, I started to see connections between what is happening with public housing in the United States and the current social concerns of our nation as a whole. Specifically, I started to understand that the fight for public housing cannot stop with pressuring local governments to subsidize housing authorities which were created to be fully funded by the federal government, but must also take on a the 21st century conversation about neoliberalism.
HOW IS DCHA FUNDED AND GOVERNED?
For a brief background, the process of funding DCHA is a bit more complicated than a strictly local DC agency. Funds are appropriated first to the the Department of Housing and Urban Development (HUD), then to local housing authorities. The District of Columbia Housing Authority (DCHA) is an entity of HUD and an independent agency of DC local government. This means the agency is particularly susceptible to federal pullbacks depending on the current political and economic ideology of the time, but is governed by a board appointed by the DC Mayor. The DC local government then subsidizes DCHA, though the only legal responsibility to fund the agency lies with HUD and the federal government.
WHAT DOES THIS MEAN FOR PUBLIC HOUSING RESIDENTS AND ADVOCATES?
It is important to understand the pullback of federal funding as a national trend trickles down to local spending. According to a 2016 DC Fiscal Policy Institute report, DC Council funding is not only a subsidy, but a requirement for DCHA to sustain. I found the same through DCHA director Adrianne Todman’s 2016 testimony to the DC Council. She urges for DC local spending to continue as they have for the few years prior. Her testimony includes an appeal for funding that is not only to promote new programs, but a basic necessity for the agency to sustain itself. I make this distinction to say Todman is not asking for additional money to add programming to additionally benefit the district, but a subsidy without which the agency may not operate at its expected capacity.This indicates the federal funding is insufficient for operation.
The central problem is the basic capacity of DC local government in contrast to the federal budget. As the cost of living in the district increases for residents who have, quite literally, built DC local, they are left with little options for housing in the city that is their birthright. This remains particularly true for the elderly, disabled, and families with children. While DC local government is subsidizing the agency to ensure the operation continues, there is a changing landscape at the federal level that I argue requires a new form of understanding.
According to theories of neoliberalism, big institutions are broken down, then slowly discarded in pieces in the name of private rule and small tax burdens on the rich (Brown 2015). This is often masked as freedom and flexibility for agencies like DCHA. Government programs aimed to support the lower and middle classes under a capitalist system are chipped away. Public-private partnerships are emphasized to reduce the burden of government. In turn, what is traditionally a public good paid for by publicly accountable funds are privatized.
In terms of housing, The free market certainly has not shown the ability to self-produce adequate, accessible housing for all. Without the protection of dedicated public housing, the affordable housing market begins to dwindle, forcing low-income residents in the area to relocate elsewhere. According to a 2015 report by the DC Fiscal Policy Institute, since 2012, should the lowest DC residents not receive housing subsidies and reside solely in the private market, “the average rent for this group [would equal] 80 percent of average income” (p. 3). Essentially, non-subsidized housing is not an option for this population. The free market has also not promised higher wages for the lowest income residents. Public housing is a good that must be preserved should the district remain a diverse, inclusive place.
This preservation will require more than pressuring DC local to subsidize DCHA, though I do not disagree this is an important point. However, eyes must remain on both the federal and local to sustain such public goods. I base this point on how public housing is structured in the first place, as a federal entity which ensures access to safe and consistent housing. Federal pullbacks allow for pressure to go to the states, but states and local districts are not necessarily bound to ensuring public housing remains a public good. With this understanding, I have come to conceptualize public housing in the context of economic justice that has popularized in mainstream conversations recently (i.e. Occupy Wall Street, the Bernie Sanders campaign, etc). The rich are richer than ever before, and even the most “progressive” of politicians are operating in a changed landscape where private solutions to public problems are valued as “sustainable” and “self-reliant,” across party lines in the United States. Advocating for public housing certainly requires pressure on local officials, but it will also require a strong stand against neoliberal ideology that is changing the environment in which our public life operates.
Sources
http://www.documentcloud.org/documents/1685683-d-c-affordable-housing-report.html#document/p1
http://www.dcfpi.org/wp-content/uploads/2016/01/16-01-27-Public-housing-paper-final.pdf
http://dccouncil.us/budget/2016/housing-and-community-development
http://dccouncil.us/files/user_uploads/budget_responses/41515DCHACombinedTestimony.pdf
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Family and Friends of Incarcerated People’s Annual Community Event!
It’s that time of year again, folks! Family and Friends of Incarcerated People is holding their annual community event. Join us, this Saturday, August 20, 2016 at Oxon Run Park, 1st and S. Capital Streets SE. The fun starts at 1:00 PM.
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U.S. Political Prisoners and Prisoners of War… Who Knew?
What do the Black Panthers, the American Indian Movement, the Puerto Rican Independence Movement, the Move Organization and Black Lives Matter have in common? They have all been denounced and delegitimized by the corporate establishment and mainstream media.
The Civil Rights and Revolutionary Struggles of the ‘60s and 70s challenged American racism, classism and sexism. They also disrupted our imperialist foreign policy. Eventually, the United States Government brought down or seriously humbled the Black Panthers, the Anti-Vietnam War Movement, the Puerto Rican Independence Movement, the American Indian Movement, etc. Many leaders were jailed. Will the current struggle face the same fate?
In the late 1990s, a movement to free all U.S. political prisoners and prisoners of war began to take root. Several wide scale political actions took place in Washington, DC and Philadelphia. Filmmakers, Liane Scott, Joan Yoshiwara, Eddie Becker and Jorge Abeledo covered these events. The result is The Walls of Jericho and the Movement That’s Shaking Them, a two-hour documentary, that includes activists protesting on behalf of Mumia Abu-Jamal, Leonard Peltier, the Move 9, the Puerto Rican Political Prisoners, Black Panthers Russel Maroon Shoats and Eddie Conway and many more.
Revolutionary thinkers Kathleen Cleaver, Carl Dix, Chokwe Lumumba, Angela Davis, Ramona Africa all weigh in on the state of the movement and the related issues of police brutality and the prison industrial complex. Rank and file activists also share their knowledge and opinions. The Walls of Jericho serves as a popular education primer on political prisoners jailed as a result of the civil and human rights uprisings of the ‘60s and ‘70s.
It cannot be denied that in the last half century, racism, heterosexism, xenophobia, etc. have become less overt. But at the same time, US military misadventures migrated from Central America and Southeast Asia to the oil-rich Middle East. The planet’s resources continue to be assaulted. Police brutality and mass incarceration replaced Jim Crow. The revolutionary work that blossomed in the ‘60s and ‘70s is not finished. Tactics used to disrupt activism of the past are and will be used again.
We invite you to join us at this screening of The Walls of Jericho and the Movement That’s Shaking Them and the follow up discussion. In the spirit of Sankofa, we will learn from the past and move even more boldly into a future shaped by the people and not the forces of oligarchy.
Below is a segment from the documentary that focuses on police brutality.
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D.C. Council Passes Entrepreneurship Program for Returning Citizens… But It’s Not Funded
According to the Department of Employment Services, just five years ago, the unemployment rate in Ward 7 hovered around 19 percent. In Ward 8, it was routinely more than 20 percent. Today, the rates are 9.5 percent and 11.3 percent respectively. Ward 5, another area with stubbornly high unemployment has almost matched the overall unemployment rate in the District at 6.4 percent. This is all very good news. The bad news is that these decreases don’t seem to be reaching the District’s returning citizens.
Approximately 67,000 individuals with a prior conviction reside in the District of Columbia, that’s 10 percent of the population. (1) According to the Court Services and Offender Supervision Agency (CSOSA) the percentage of unemployed among the offender population in the District for Black Non-Hispanic segment of the population was 64 percent in 2014.
The same scarcity of educational and training opportunities that put many at risk for criminal behavior remains unchanged during and after prison. Seventy-seven percent of D.C. offenders who return from prison received no employment assistance while incarcerated, and only one-third of those stated that assistance was available to them post release. (2)
It is no wonder that returning citizens who want to provide for their families are challenged to do so. This remains true even for those who are more motivated than those in the workforce without criminal records.
The DC Reentry Task Force (DCRTF) is a reentry advocacy group of entrepreneurs, academia, reentry professionals and returning citizens. We understand the need for innovation in the development of 21st century solutions to address the barriers faced by the formerly incarcerated as they seek to re-establish themselves back into society. Which is why we’ve worked to take a lead in the discussion in supporting Bill 21-463, the Incarceration to Incorporation Entrepreneurship Program (IIEP) Act of 2015. (3)
On June 23, 2016, the Business, Consumer, and Regulatory Affairs committee voted unanimously to move the bill forward to a full council vote on June 28, 2016. The downside, though, is that the bill was passed and moved forward subject to appropriation. (4) In voicing their support at the mark-up for the legislation, Councilmember Elissa Silverman noted that she “Really thinks this is a creative approach.” She continued by saying, “This is a bill that’ll take a first step toward looking at how we address entrepreneurship issue.” Brandon Todd echoed her sentiments that, “This bill is yet another step towards helping this population attain jobs and self-sufficiency. “
While Councilmember Charles Allen praised the bill saying, “Returning citizen’s best chance at employment and a successful future … is by turning to the ability to being an entrepreneur to start their own business,” he also had his reservations. “One piece that gives me anxiety,” he said, “is just that it’s not currently funded.”
At the first reading of the bill on June 28, Councilmember David Grosso echoed Allen’s concerns “On bills that we [Council] move forward in the past that are subject to appropriation it is rather rare that they ever get funded.” He further stated, “We put programs in place that will not become effective for over an entire year.”
On the other hand, Councilmember Orange said “We’re hopeful the Mayor will send down this bill as part of her budget (in FY2018) and that it would be in fact approved.”
Councilmember Grosso’s point about bills subject to appropriation not being funded is a valid one. Dating back to 2001, the council has approved 42 legislative measures that have not funded to date, and six (6) partially funded.
It is apparent that little or no effort was put forth by the BCRA committee to get the Executive to include Bill 21-463 in her FY2017 budget. The main objective for all returning citizens and their supporters should be to get the bill funded during the FY2018 budget cycle, and correct any other language issues that could render parts of the bill subject to legal challenges in the future. Also, to ensure that the Department of Small and Local Business Development be clarified as the lead agency, and DOES act in support of this important effort. We hope to get amendments to change the legislation accordingly in the near future. Passage of the bill clearly shows that the council views entrepreneurship for the returning citizens as a viable economic development strategy. The DCRTF believes the full council supports proper funding for the bill, which will effectuate real change in the lives of our returning citizens and their families.
Sources
1. Data Needs Assessment for the Mayor’s Office of Returning Citizen Affairs
http://orca.dc.gov/sites/default/files/dc/sites/orca/publication/attachments/GW%20Report%20%281%29.pdf
2. Council for Court Excellence’s report Unlocking Employment Opportunity for Previously Incarcerated Persons in the District of Columbia
http://www.courtexcellence.org/uploads/publications/CCE_Reentry.pdf
3. Legislative Summary and Bill History
http://lims.dccouncil.us/Legislation/B21-0463?FromSearchResults=true
4. Fiscal Impact Statement http://app.cfo.dc.gov/services/fiscal_impact/pdf/spring09/FIS%20B21-463%20DC%20Incarceration%20to%20Incorporation%20Entrepreneurship%20Program%20Act%20of%202016.pdf
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Movement for Black Lives Guiding Principles
So, you’ve been horrified by the many murders that we’ve witnessed in the media. You wonder what you can do? Here are some events coming up this week that could help to plug you into the movement.
You can also support the movement by supporting the Black Lives Matter Guiding Principles. Aaron Goggans , an organizer for the Black Lives Movement in the Washington, D.C. area, lays them out below.
Cross-posted from The Well Examined Lifeby Aaron Goggans
Below is a slightly modified version of the guiding principles adapted from the recent Movement for Black Lives Convening. #2 was added in order to contextualize the principles for non-Black people working in solidarity for the movement. They help paint of picture of what the Movement for Black Lives is and should provide and excellent starting point for discussion.
1. ALL Black Lives Matter: Queer Black Lives, Trans* Black Lives, Formerly Incarcerated Black Lives, Poor/Working Class Black Lives, Differently abled Black Lives, Black Women’s Lives, Immigrant Black Lives, Black Elderly and Children’s Lives. ALL BLACK LIVES MATTER and are creators of this space. We throw no one under the bus. We Rise Together.
2. All of our work is part of a larger movement for collective liberation. The movement for collective liberation is a movement for liberation every human being on the planet from each and every system of thought, belief or action that oppresses them. This means that none of us are free until all of us are free. This also means that heart of this struggle is those who experience multiple forms of simultaneous oppression. Furthermore, this requires that all allies see their Black liberation work as part of their work towards their own liberation. Women’s Liberation, the overthrowing of capitalism, Asian Liberation, Queer Liberation, Trans*Liberation, Indigenous Liberation, the end of colonialism etc are all connected, vital, and must work together.
3. Thriving Instead of Surviving: Our vision is based on the world we want, not the one we are currently in. We seek to transform, not simply react. We want our people to thrive, not just exist. Think beyond the possible.
4. Experimentation and innovation must be built into our work. Embrace the best tools, practices and tactics and leave those behind that no longer serve us.
5. Evaluation and assessment must be built into our culture. Critical reflection must be part of all our work. We learn from our mistakes and our victories.
6. Principled Struggle can exist in a positive environment. We must be honest with one another by embracing direct, loving communication.
7. Love/Self Love is practiced in every element of all we do. Love and Self-Love must be a driver of our work and an indicator of our success. Without this principle and without healing, we will harm each other and undermine our movement.
8. 360 degree vision: We honor past struggles and wisdom from elders. The work we do today builds the foundations of movements of tomorrow. We consider our mark on future generations.
9. Self-care means we build resilient spaces by budgeting time, energy, and resources for healing. Self-care is a regular, consistent, intentional, and essential practice.
10. The most Directly Affected People are experts at their own lives and should be in leadership, at the center of our movement, and telling their stories directly.
11. Training and Leadership Development should be fundamental. Our movement must constantly grow and leadership must constantly multiply.
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Black Lives Matter Protests Continue in Washington, DC
Cross-posted DC Media Group
by John Zangas
Washington, DC — The Movement for Black Lives continued protests to denounce recent killings of Black men on Saturday night in Washington, DC. The Stop Police Terror in DC Project, BlackLivesMatterDMV, BYP100 (Black Youth Project) and allies met at the African American Civil War Memorial and marched through city streets and into Georgetown. Once there they blocked traffic on the main M Street thoroughfare and then blocked Rock Creek Parkway.
The protest lasted over three hours, walking several miles through the city and resulted in no arrests. Many joined along the way, including activists, youth, and families.
The new protests came as video reports came to light of more killings by police of Black men. Delrawn Small, 38, was killed by an off-duty police officer in a road rage incident in Brooklyn, NY. A video published online countered claims by an off duty police officer that Smalls had allegedly punched the officer in the face. Smalls was shot less than two seconds after approaching the unmarked police vehicle.
Another man, Alva Braziel, 38, was shot 10 times by police in Houston, after he went looking for his horse which had gone missing. In that incident Houston police said that Braziel had brandished a firearm.
Smalls and Brazeil are the 655th and 671th individuals respectively killed by US police in 2016.
But Eugene Puryear, an organizer with The Stop Police Terror In DC Project, recognized that the Black Lives Matter movement had made progress.
“It’s only been a couple of years since we’ve been pushing, and already we’ve brought this issue to the forefront of the country,” said Puryear.
Yet a mass shooting of Dallas police officers during a protest Thursday night, which resulted in five police killed and seven wounded, cast doubt that unrest would end any time soon.
Puryear said that the Dallas incident was an unfortunate tragedy but was “not unexpected.”
“When you have a situation when over a thousand people are killed every year by police and no real resolution in the court system…it’s like putting a pot on boil and eventually it’s going to boil over,” said Puryear.
He said the increased national tension is moving the country towards a boiling stage, and change must now happen both socially and politically.
Reports of Black Lives Matter protests dominated the Sunday morning news. Protests were reported in major cities across the country as tensions rose over the spate of recent killings.
Area groups planned to hold a vigil at the African American Civil War Memorial Sunday night.
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Mother of Alonzo Smith and PACA Respond to DC Mayor’s Proposed Regulations on Special Police and Security Officers
WASHINGTON DC: Pan-African Community Action (PACA), the organization of Beverly Smith, mother of Alonzo Smith who was killed by special police November 1, 2015, responded to the announcement of Mayor Muriel Bowser, Deputy Mayor for Public Safety and Justice Kevin Donahue, Metropolitan Police Department Chief Cathy Lanier, and Director of the Department of Consumer of Regulatory Affairs Melinda Bolling proposing changes to the training requirements for commissioned special police officers (SPOs) in the District.The proposed changes are said to be in response to the circumstances in the cases of Alonzo Smith and of 74-year-old MedStar patient James McBride, also killed by SPOs Sept. 29, 2015 at Washington Hospital Center.
It is the position of PACA that yesterday’s announcement was public relations ploy clearly timed so that the City could convolute the issue with the unrelated tribute to Stephen T. Johns, a SPO killed in the line of duty at the Holocaust Museum on June 10, 2009. The underlining message: “Regardless of any state of affairs the sanctity of and benevolent regard for police and security officers who protect the system is paramount.”
In Alonzo Smith’s case the fact of the matter is that there appears to be no justifiable reason for arresting him in the first place. Authorities and the press consistently ignore that it was an unarmed Alonzo last heard crying out “Help! Help! They are trying to kill me!” which was the reason the MPD was called to the scene by Marbury Plaza apartment residents where he was killed. Not by the officers in question.
The proposal for new and improved training of special police by the Mayor is yet again more smoke and mirrors from the demand of the Justice 4 Zo campaign for a full account of what happened that night. Video made public by the DC government shows that Alonzo was shirtless and shoeless when the MPD found him laying face down with one of the SPO’s on top of him with the officer’s knee pressed into his back. MPD immediate complicity can be witnessed in the video by their treatment of the SPO’s false claim that Alonzo was “on K2,” a term referring a synthetic drug that causes hallucinations. MPD called in the claim as fact, later to be disproven by the coroner’s report.
To keep tunnel focus on the actions that caused Alonzo’s death, while neglecting the broader circumstances and motive can serve as a cover up of what could well be outright murder by the officers, who for untold reason remain unidentified.
The City’s proposal for training, following the May 17, 2016 DC Superior Court grand jury indictment of SPOs Clifton Montgomery and Charles Brown for involuntary manslaughter of McBride, is suspected of being a political maneuver to prepare the public and the community concerned with the case of Alonzo to accept a similar outcome without question.
Mayor Bowser’s announcement reduces the issue of an epidemic of killings of Black people by police and security guards to a question of inadequate training and ignores the fact that these cases reflect a nationwide practice from which rich white communities are immune. Over the last couple years, local district attorneys and the Department of Justice have demonstrated their
inability to hold violent police officers, security guards and vigilantes accountable for their discriminatory actions.
“Unfortunately we continue to get these inadequate public responses to the homicide of my son,” says mother of Alonzo, Beverly Smith “which is part of a larger crisis of Black people, men, women and children dying at the hands of those put in charge of protecting a system that only respects rich people and their property.”
The weak recommendations for more training of SPOs will not in the least bit alter the pattern and practice of Black people being murdered by guards of the status quo, whether MPD, neighborhood watch, Metro Transit Police or so called “Special” Police Officers. Therefore, we of the Justice 4 Zo campaign reaffirm our call for community control over the police as the only solution for ending this crisis. Additionally the announced proposal is further proof that an independent dual track investigation by the United Nations and/or the Organization of Independent States is necessary.
For interviews with Beverly Smith or any other member of Pan-African Community Action send email to paca@protonmail.com or call Netfa Freeman on 301-938-4628.
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The DC State Board of Education Requests Input on the Every Student Succeeds Act and More!
Below is the June edition of the Citizen Reader. Scroll down to find article on the following topics:
Calling All Citizens: The SBOE Seeks Your Thought on the ESSA
DOEE conducting free blood lead screenings in response to recent elevated levels of lead in the water of some schools
District Law and Lead in Children
June 14 Primary Election Councilmember Candidate’s Views on Education
Calling all citizens: the SBOE seeks your thoughts on the ESSA
State Trends in Student Data Privacy Bills
After School in Japanese!
Schedule of SBOE/ESSA meetings
Schedule of Committee on Education Hearings
…and there’s more to come in this busy month of June, 2016
Calling All Citizens: The SBOE Seeks Your Thought on the ESSA
Like their counterparts across the country, DC’s State Board of Education and State Superintendent of Education are in the process of leading the city in the transition from the No Child Left Behind Act to the new federal education law that replaced it in December 2015–the Every Student Succeeds Act.
As a part of that process, the Board has set up a page on its website just for ESSA and on that page there is a survey in three languages: English, Spanish and Amharic. The public is encouraged to email the Board with any thoughts that don’t fit on the survey. There is also a schedule of meetings the Board is holding across the city to provide an overview of the new law and its requirements and to hear the public’s views and thoughts. The meetings are Ward based but they are not limited to residents of the particular Ward—anyone is free to attend the meeting in any ward.
The Board’s ESSA page also has a video-recording of its March 16 meeting where three very knowledgeable people with long experience in public education, policy and law presented their understandings of the new law and there is a document called “What YOU Need to Know About ESSA” in a power point format that shows some of the contrast between NCLB and ESSA and many of the requirements and other factors to be considered as DC works out its own plan for what its public education system should be accountable for and how it will do that. See next page for more resources and last page for schedule of the meetings.
DOEE Conducting Free Blood Lead Screenings in Response to Recent Elevated Levels of Lead in the Water of Some Schools
This is the schedule on the Department of Energy and Environment website:
• Saturday, June 11 from 10 am to 4 pm at Michigan Park, 1731 Bunker Hill Rd. NE
• Friday, June 17 from 12 to 6 pm at the King Greenleaf Recreation Center, 201 N St. SW
• Saturday, June 25 from 11 am to 3 pm at the Raymond Recreation Center, 3725 10th St. NW • Saturday, August 6 from 9 am to 4 pm at the Columbia Heights Recreation Center, 1480 Girard St. NW
Screenings also took place on June 1 and on June 4. For more information, see www.doee.dc.gov or call 202-535-2600, TTY711.
Additional Information about ESSA:
● All the information mentioned on the previous page can be found at www.sboe.dc.gov/essa. The Board’s email address is sboe@dc.gov. 202-741-0888 ● There is more at www.osse.dc.gov/essa And the following:
● US Department of Education, www.ed.gov/essa explains it all and has a link to the law itself.
● National Conference of State Legislatures provides a summary at www.ncsl.org, type ESSA summary into search box.
● American Federation of Teachers has plain English explanations in a series of Fact Sheets and much more at www.aft.org/position/every-student- succeeds-act
ESSA rule making has been moving along quickly. The US Department of Education’s committee to write the rules needed to implement the new federal law, Every Student Succeeds Act of 2015, held its first three day session in late March. On April 1, the Department issued a press release, Education Department Releases Proposals for Consideration by ESSA Negotiated Rules Making Committee. The proposals concern two elements of the law: Assessments and the mandate to Supplement, Not Supplant. The press release summarizes the proposals and provides links to the full versions. www.ed.gov/news/press-releases
District Law and Lead in Children
One of the DC Department of Energy and the Environment’s responsibilities is ensuring that DC laws about lead and other toxic substances are known and adhered to. You’ll find everything about the subject at www.doee.dc.gov/lawsandregulations
A law, “Childhood Lead Screening Amendment Act of 2006” that became effective on March 14, 2007 requires that all children living in DC be screened for lead by the age of 6.
The schedule by which the screenings are supposed to take place is:
+ Between the ages of 6 months and 14 months, and again
+ Between the ages of 22 months and 26 months
+ If a child who lives in the District has not been screened at these ages, they must be screened at least once before they are 6 years old.
+ District law also requires that all children must be screened before entering day care, pre-school or kindergarten.”
So, children born in DC since 2007 should already have had two screenings by the time they are two years and 2 months old as part of their well-baby check- ups. Parents or guardians with questions should contact their child’s doctor.
June 14 Primary Election Councilmember Candidate’s Views on EducationThe Coalition for DC Public Schools and Communities, which holds to a set of Six Principles by which education decisions should be made, sent a questionnaire to all the primary election candidates for councilmember and posted the responses on www.C4DC.org for all to read.
The Coalition says, “We believe it is important city council candidates go on record about important public education issues because the DC Council approves the operating and capital budget for the DC public schools; has the power to enact policy that effects support for and effectiveness of public education in DC; and is responsible for oversight of public education and ensuring accountability for quality public schools. The C4DC questionnaire seeks to inform voters about each candidate’s views on the issues of public education vision; budget; research and evaluation; and measurement and testing.”
The first question asked is: “How committed are you to ensuring we have a city wide network of excellent DCPS neighborhood schools serving children from pre-K through high school to which families have a right to attend (without being subjected to a lottery)?”
In addition to being sent to all the Primary election candidates, the questionnaire was also sent to Independent At-Large David Grosso who will be on the November ballot and is currently the chair of the Council’s Committee on Education.
While some candidates did not respond much can be learned from those who did.
Council Considers Major Revisions to Youth Justice LawB21-0683, The Comprehensive Youth Justice Amendment Act of 2016, was introduced on April 5 and referred to the Committee on the Judiciary.
Bill Summary per LIMS: “As introduced, this bill makes changes to District law regarding detainment of minors. It redefines the term “child” to include more persons and prohibits the following:
(1) the placement of children into detention prior to a fact-finding or dispositional hearing solely because they have been declared in need of supervision;
(2) the placement of individuals under the age of 18 into adult penal institutions; and (3) the transfer of legal custody from parents or guardians to a government entity after a finding of delinquency as relating to a child under the age of ten.
The bill also contains provisions eliminating the legal presupposition that detention is required in certain circumstances; authorizes certain persons to view ordinarily confidential juvenile records; requires the Attorney General to develop a program to provide victim- offender mediation as an alternative to prosecution if both parties agree; and requires the Department of Youth Rehabilitation to conduct and submit an annual analysis to the Council on the root causes of youth incarceration.”
Nearly seventy witnesses testified at the hearing on June 2. The record for written testimony ends at close of business on Thursday, June 16, 2016.
State Trends in Student Data Privacy Bills
DC’s bill to protect the privacy of student data, Bill 21-578, the Protecting Students Digital Rights Privacy Act of 2016, had a hearing on March 21 and is still under Council consideration according to a staff person at the Committee on Education office on June 6.
Meanwhile the National Association of State Boards of Education, NSABE, released a report in May called Trends in Student Data Privacy Bills in 2016. Among its findings is that some 400 bills on this subject have been introduced in state legislatures since 2014.
This year, they say, 38 states have considered 112 new bills as well as 73 bills that were carried over from 2015. The report notes that one of the bills from last year, California’s Student Online Personal Information Protection Act (SOPIPA) directly regulates third parties in contrast to bills in Colorado and Connecticut that distinguish between contracts schools sign with third parties, such as for cloud storage, and products where there is no negotiated contract.
The report also notes that “more than 50 bills expand the role of state boards of education (SBEs)” though Michigan is interested in limited student data that boards may access and several states would prohibit boards from “sharing information with certain entities, including the US Department of Education.”
DC’s state board of education is a member of NSABE and At-large member Mary Lord was president of the association last year. See www.nsabe.org for its Policy Update of May, 2016 with full report.
After School in Japanese!
Globalize DC, a local non-profit, is planning an after-school program, at no cost to students, focusing on the Japanese language and culture for about 25 high school students from DCPS and charter schools.
Students interested should take the first step by submitting the online Student Interest Form. Here is the link to the form: http://goo.gl/forms/UyEQWnqEE87W9vCk1
To learn more, contact Sally Schwartz at 202-251-1692 or by email at sally.schwartz@verizon.net.
Schedule of SBOE/ESSA meetings
Thursday, June 2 from 5:30 to 6:30 pm at the Petworth Library in Ward 4
Saturday, June 4 from 1 to 2 pm at the Columbia Heights Education Campus in Ward 1
Saturday, June 4 from 4 to 5 pm at the Capital View Library in Ward 7
Monday, June 6 from 6 to 7 pm at the Turkey Thicket Recreation Center in Ward 5
Wednesday, June 8 from 7 to 8 pm at Tenley-Friendship Library in Ward 3
Monday, June 13 from 6 to 7 pm at the Martin Luther King Library in Ward 2
Thursday June 16 from 6:30 to 7:30 pm at the Anacostia Libary in Ward 8
Tuesday, June 21 from 6:30 to 7:30 pm at the Capitol Hill Montessori @Logan in Ward 6
Schedule of Committee on Education Hearings
Wednesday, June 9, 2:30 pm in Room 120
Public Roundtable on Public Resolutions 21-722, 21-669 and 21-624 to confirm the appointment of Donald Soifer to the Public Charter School Board and the appointments of Kamili Anderson and Karma Cottman to the Board of Library Trustees
To testify: call 202-724-8061 or email jgiles@dccouncil.us by Monday June 7
Wednesday, June 15 10 am in Room 123
• State of School-Based Athletics in Public Schools
• Bill 21-601, District of Columbia State Athletic Consolidation Act of 2016
To testify: http://bit.do/educationhearings or call 202-724-8061 by 5 pm on June 13
Wednesday June 22 10 am in Room 500
• Committee on Education and Committee on Transportation & the Environment
Joint Oversight Round Table on Lead Testing in Public Facilities
To testify: http://bit.do/educationhearings or call 202-724-8061 by Monday June 20
• 2 pm Committee on Education Meeting Room 123
…and there’s more to come in this busy month of June, 2016
June 17 last day of school for DCPS. Students will be dismissed at 12:15 pm.
June 27 DCPS Summer school programs begin. See www.dcps.dc.gov for complete schedule.
June 19 HAPPY FATHER’S DAY!
June 30 Deadline for DC Tuition Grant Applications (TAG). For more info go to www.dconeapp.dc.gov.
Congratulations to ALL graduates!Citizen Reader is a project of Livingview Communications-a citizens’ information service. Contact: ess.livingston@gmail.com with corrections, letters to the editor or to subscribe. Thanks!
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Proposed Bill to Fund DC Public Housing Repairs Raises Concerns
The fight to increase the amount of affordable housing in the District of Columbia should also include efforts to maintain the city’s public housing. It was a need for clean, safe and affordable housing that prompted the creation of public housing in the 1930s. That need still exists today but our willingness to fund it has been on the decline since the 1960s. Today, the Public Housing Operating Fund—the main source of revenue for public housing maintenance and repairs–pays for only 86% of the items in HUD’s budget.
It looks as though the D.C. City Council may at long last be trying to make up the difference with the Public Housing Rehabilitation Amendment Act of 2016. The problem that those who advocate on behalf of public housing have with the bill is that it won’t pay for maintenance if the housing is slated for redevelopment. So if you live in Barry Farm, Kenilworth Courts, Park Morton, Highland Dwellings or Lincoln Heights–all properties scheduled for eventual redevelopment–you’re out of luck.
The article below provides more details.
New Legislation Welcomed by Public Housing AdvocatesCross-posted from Street Sense
Written By Reginald Black
Members of the Empower DC housing campaign and residents of public housing took a walk around the Wilson Building weeks before the first FY2017 budget vote to meet with council members and discuss their budget priorities. The residents have been calling for desperately needed repairs to both occupied and unoccupied units of public housing managed by the D.C. Housing Authority (DCHA). The residents have been requesting work orders for more than six years, some properties haven’t been properly maintained since the 1980s.
In March, At-Large Councilmember Elissa Silverman and Councilmembers Brianne Nadeau (Ward 1), Charles Allen (Ward 6) and Mary Cheh (Ward 3) introduced a bill that would provide funds for maintenance of existing public housing units. It is a great move by council, but public housing residents still had some concerns regard language within the bill.
One of the first stops on the list was Ward 8 Councilmember LaRuby May’s office. The councilwoman was not in at the time, but the group met with Councilwoman May’s staff. Their main concern stems from a line in the bill that states the repair funds allocated could not be used for properties up for demolition. “We wanted to address line 46,” said Detrice Bel, leader of the Barry Farm Tenant and Allies Association. “Residents have an issue with that.”
“I live in a development on Capitol Hill that is supposed to be upkept, but it’s not,” said public housing resident Robert Lee. He asked if May’s office could seek changes to the language of the bill that would force maintenance people do their job. “We need more accountability when it comes to public housing. It’s like everybody’s looking for a paycheck.”
Lee also described his days as a maintenance worker. “In the morning, we clean up the activity from the night before,” he said. “But after that, when is the work going to get done in the places?”
May’s legislative director, Michael Austin said their office is open to all ideas. “We’re always trying to find what we can do to preserve homes, that includes public housing.”
To Lee, there is no observable sense of urgency on these issues. “These are people’s lives we’re talking about,” he said. “These are the same arguments we present you all the time.” The bill has not moved forward since a notice of intent to act on it was published in the District of Columbia register on March 18.
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