“Gold Mine Stock? Fool Me Once … “
By Ralph Silberstein
If Emgold Mining Co. fails to pay the City of Grass Valley the required deposit of about $440,000 by September of 2012, the City will consider the Idaho-Maryland Mine project application withdrawn.
The deposit is for independent consultants to begin preparation of a revised Draft Environmental Impact Report (DEIR) on the proposed mine and ceramics factory. A total of $3-4 million and about two years will be needed to finance and execute the DEIR, additional studies, another round of public hearings, and a Final EIR before obtaining a permit.
Emgold may be unable to rise to the occasion. The annual financial report for 2011 shows a loss of $2,338,060, or $0.06 per share, pushing the accumulated deficit to over $50 million. Emgold has no sources of regular revenue and is predictably out of operating capital again. This has been going on for years.
Penny stock junior mining companies such as Emgold are notoriously risky investments in general, but the Idaho-Maryland Mine project is increasingly unlikely to succeed. Working against the efforts to raise funds is the huge added risk of the ceramics factory, which should scare off investors. Fusing tailings into tiles to dispose of mine waste may seem like a good idea, but it has never been done on a commercial scale, and the tile market for this product is not promising. Furthermore, Emgold has no expertise in ceramics and the plan calls for selling 480,000 sq. ft. of tile per day; unbelievable, especially in today’s market. Add to that the obstacles of getting the Grass Valley General Plan modified, annexation approval, significant air pollution in the face of new strict carbon emissions regulations for California, and a variety of local issues such as threats to local wells and property values.
Note that, if a permit is obtained, the costs to de-water the old mine and build the mining and ceramics factory facilities will likely exceed $200 million. This will easily consume all the profits from the “measured gold reserves”. (As per NI 43-101 report, 212,000 oz.)
To date, in an effort to promote the project, Emgold has made a number of questionable statements:
- The revised project documents, as submitted to the City of Grass Valley, estimate the maximum number of long term jobs at 500, but in public statements Emgold is now claiming 600 jobs. It was 400 last year.
- Promotional pieces about the Idaho-Maryland Mine repeatedly claim the project is in the “advanced stage of permitting”, when in fact they have not even submitted deposits needed to restart the DEIR process.
- A constant claim of “community support” from a 2006 poll fails to mention that the support was conditioned upon addressing all environmental concerns, upon which it fails. Now that the project description has been made public, there is strong opposition to the mine.
In an effort to raise yet more funds, Emgold has now employed Vanguard Shareholder Solutions Inc. to disseminate news and public information to investors, at a cost of $8500/month and stock options.
As the marketing of the Idaho-Maryland Mine project becomes more expert, it becomes even more important to do one’s own research and carefully scrutinize the merits of any investment before committing funds. Buyer beware!
Ralph Silberstein: President of CLAIM-GV (Citizens Looking at Impacts of Mining), Grass Valley City resident, software engineer, served 2 years on the Grass Valley Planning Commission, former Building Contractor.
“We Are Star Dust”
Another offering in John Boswell’s beautiful “Symphony of Science” series.
He labels this one, “We Are Star Dust,” which is not a metaphor, or … not just a metaphor. It’s also a plain scientific fact. Boswell is working on both sides of our brains with these science/music videos.
His work reminds us that if anything is sacred, everything is.
See the whole set in this series here: http://sierravoices.com/tag/symphony_of_science/
We Screwed Up
Reprinted with permission from TomDispatch.com (March 27, 2012)
A Letter of Apology to My Granddaughter
By Chip Ward
[Note: I became politically active and committed on the day 20 years ago when I realized I could stand on the front porch of my house and point to three homes where children were in wheelchairs, to a home where a child had just died of leukemia, to another where a child was born missing a kidney, and yet another where a child suffered from spina bifida. All my parental alarms went off at once and I asked the obvious question: What’s going on here? Did I inadvertently move my three children into harm’s way when we settled in this high desert valley in Utah? A quest to find answers in Utah’s nuclear history and then seek solutions followed. Politics for me was never motivated by ideology. It was always about parenting.
Today my three kids are, thankfully, healthy adults. But now that grandchildren are being added to our family, my blood runs cold whenever I project out 50 years and imagine what their world will be like at middle age -- assuming they get that far and that there is still a recognizable “world” to be part of. I wrote the following letter to my granddaughter, Madeline, who is almost four years old. Although she cannot read it today, I hope she will read it in a future that proves so much better than the one that is probable, and so terribly unfair. I’m sharing this letter with other parents and grandparents in the hope that it may move them to embrace their roles as citizens and commit to the hard work of making the planet viable, the economy equitable, and our culture democratic for the many Madelines to come.]
March 20, 2012
Dear Maddie,
I address this letter to you, but please share it with Jack, Tasiah, and other grandchildren who are yet unborn. Also, with your children and theirs. My unconditional love for my children and grandchildren convinces me that, if I could live long enough to embrace my great-grandchildren, I would love them as deeply as I love you.
On behalf of my generation of grandparents to all of you, I want to apologize.
I am sorry we used up all the oil. It took a million years for those layers of carbon goo to form under the Earth’s crust and we used up most of it in a geological instant. No doubt there will be some left and perhaps you can get around the fact that what remains is already distant, dirty, and dangerous, but the low-hanging fruit will be long-gone by the time you are my age. We took it all.
There’s no excuse, really. We are gas-hogs, plain and simple. We got hooked on faster-bigger-more and charged right over the carrying capacity of the planet. Oil made it possible.
Machines are our slaves and coal, oil, and gas are their food. They helped us grow so much of our own food that we could overpopulate the Earth. We could ship stuff and travel all over the globe, and still have enough fuel left to drive home alone in trucks in time to watch Monday Night Football.
Rocket fuel, fertilizer, baby bottles, lawn chairs: we made everything and anything out of oil and could never get enough of it. We could have conserved more for you to use in your lifetime. Instead, we demonstrated the self-restraint of crack addicts. It’s been great having all that oil to play with and we built our entire world around that. Living without it will be tough. Sorry.
I hope we develop clean, renewable energy sources soon, or that you and your generation figure out how to do that quickly. In the meantime, sorry about the climate. We just didn’t realize our addiction to carbon would come with monster storms, epic droughts, Biblical floods, wildfire infernos, rising seas, migration, starvation, pestilence, civil war, failed states, police states, and resource wars.
I’m sure Henry Ford didn’t see that coming when he figured out how to mass-produce automobiles and sell them to Everyman. I know my parents didn’t see the downside of using so much gas and coal. The all-electric house and a car in the driveway was their American Dream. For my generation, owning a car became a birthright. Today, it would be hard for most of us to live without a car. I have no idea what you’ll do to get around or how you will heat your home. Oops!
We also pigged out on most of the fertile soil, the forests and their timber, and the oceans that teemed with fish before we scraped the seabed raw, dumped our poisonous wastes in the water, and turned it acid and barren. Hey, that ocean was an awesome place and it’s too bad you can’t know it like we did. There were bright coral reefs, vibrant runs of red salmon, ribbons of birds embroidering the shores, graceful shells, the solace and majesty of the wild sea…
…But then I never saw the vast herds of bison that roamed the American heartland, so I know it is hard to miss something you only saw in pictures. We took lots of photos.
We thought we were pretty smart because we walked a man on the moon. Our technology is indeed amazing. I was raised without computers, smart phones, and the World Wide Web, so I appreciate how our engineering prowess has enhanced our lives, but I also know it has a downside.
When I was a kid we worried that the Cold War would go nuclear. And it wasn’t until a river caught fire near Cleveland that we realized fouling your own nest isn’t so smart after all. Well, you know about the rest — the coal-fired power plants, acid rain, the hole in the ozone…
There were plenty of signs we took a wrong turn but we kept on going. Dumb, stubborn, blind: Who knows why we couldn’t stop? Greed maybe — powerful corporations we couldn’t overcome. It won’t matter much to you who is to blame. You’ll be too busy coping in the diminished world we bequeath you.
One set of problems we pass on to you is not altogether our fault. It was handed down to us by our parents’ generation so hammered by cataclysmic world wars and economic hardship that they armed themselves to the teeth and saw enemies everywhere. Their paranoia was understandable, but they passed their fears on to us and we should have seen through them. I have lived through four major American wars in my 62 years, and by now defense and homeland security are powerful industries with a stranglehold on Congress and the economy. We knew that was a lousy deal, but trauma and terror darkened our imaginations and distorted our priorities. And, like you, we needed jobs.
Sorry we spent your inheritance on all that cheap bling and, especially, all those weapons of mass destruction. That was crazy and wasteful. I can’t explain it. I guess we’ve been confused for a long time now.
Oh, and sorry about the confusion. We called it advertising and it seemed like it would be easy enough to control. When I was a kid, commercials merely interrupted entertainment. Don’t know when the lines all blurred and the buy, buy, buy message became so ubiquitous and all-consuming. It just got outta hand and we couldn’t stop it, even when we realized we hated it and that it was taking us over. We turned away from one another, tuned in, and got lost.
I’m betting you can still download this note, copy it, share it, bust it up and remake it, and that you do so while plugged into some sort of electrical device you can’t live without — so maybe you don’t think that an apology for technology is needed and, if that’s the case, an apology is especially relevant. The tools we gave you are fine, but the apps are mostly bogus. We made an industry of silly distraction. When our spirits hungered, we fed them clay that filled but did not nourish them. If you still don’t know the difference, blame us because we started it.
And sorry about the chemicals. I mean the ones you were born with in your blood and bones that stay there — even though we don’t know what they’ll do to you). Who thought that the fire retardant that kept smokers from igniting their pillows and children’s clothes from bursting into flames would end up in umbilical cords and infants?
It just seemed like better living through chemistry at the time. Same with all the other chemicals you carry. We learned to accept cancer and I guess you will, too. I’m sure there will be better treatments for that in your lifetime than we have today. If you can afford them, that is. Turning healthcare over to predatory corporations was another bad move.
All in all, our chemical obsession was pretty reckless and we got into that same old pattern: just couldn’t give up all the neat stuff. Oh, we tried. We took the lead out of gasoline and banned DDT, but mostly we did too little, too late. I hope you’ve done better. Maybe it will help your generation to run out of oil, since so many of the toxic chemicals came from that. Anyway, we didn’t see it coming and we could have, should have. Our bad.
There are so many other things I wish I could change for you. We leave behind a noisy world. Silence is rare today, and unless some future catastrophe has left your numbers greatly diminished, your machines stilled, and your streets ghostly empty, it is likely that the last remnants of tranquility will be gone by the time you are my age.
And how about all those species, the abundant and wondrous creatures that are fading away forever as I write these words? I never saw a polar bear and I guess you can live without that, too, but when I think of the peep and chirp of frogs at night, the hum of bees busy on a flower bed, the trill of birds at dawn, and so many other splendorous pleasures that you may no longer have, I ache with regret. We should have done more to keep the planet whole and well, but we couldn’t get clear of the old ways of seeing, the ingrained habits, the way we hobble one another’s choices so that the best intentions never get realized.
Mostly I’m sorry about taking all the good water. When I was a child I could kneel down and drink from a brook or spring wherever we camped and played. We could still hike up to glaciers and ski down snow-capped mountains.
Clean, crisp, cold, fresh water is life’s most precious taste. A life-giving gift, all water is holy. I repeat: holy. We treated it, instead, as if it were merely useful. We wasted and tainted it and, again in a geological moment, sucked up aquifers that had taken 10,000 years to gather below ground. In my lifetime, glaciers are melting away, wells are running dry, dust storms are blowing, and rivers like the mighty Colorado are running dry before they reach the sea. I hate to think of what will be left for you. Sorry. So very, very sorry.
I’m sure there’s a boatload of other trouble we’re leaving you that I haven’t covered here. My purpose is not to offer a complete catalog of our follies and atrocities, but to do what we taught your parents to do when they were as little as you are today.
When you make a mistake, we told them, admit it, and then do better. If you do something wrong, own up and say you are sorry. After that, you can work on making amends.
I am trying to see a way out of the hardship and turmoil we are making for you. As I work to stop the madness, I will be mindful of how much harder your struggles will be as you deal with the challenges we leave you to face.
The best I can do to help you through the overheated future we are making is to love you now. I cannot change the past and my struggle to make a healthier future for you is uncertain, but today I can teach you, encourage you, and help you be as strong and smart and confident as you can be, so that whatever the future holds, whatever crises you face, you are as ready as possible. We will learn to laugh together, too, because love and laughter can pull you through the toughest times.
I know a better world is possible. We create that better world by reaching out to one another, listening, learning, and speaking from our hearts, face to face, neighbor to neighbor, one community after another, openly, inclusively, bravely. Democracy is not a gift to be practiced only when permitted. We empower ourselves. Our salvation is found in each other, together.
Across America this morning and all around the world, our better angels call to us, imploring us to rise up and be as resilient as our beloved, beautiful children and grandchildren, whose future we make today. We can do better. I promise.
Your grandfather,
Chip Ward
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Copyright 2012 Chip Ward
The Age of Obama: What Went Wrong (and How to Fix It)
Reprinted with permission from Yes! Magazine (March 29, 2012)
Van Jones reflects on his time in—and out of—the White House.
by Van Jones
This article is adapted from Rebuild the Dream, Van Jones’ new book.
The 2008 campaign was a campfire around which millions gathered. But after the election, it was nobody’s job or role to tend that campfire. The White House was focused on the minutiae of passing legislation, not on the magic of leading a movement. Obama For America did the best that it could, but the mass gatherings, the idealism, the expanded notions of American identity, the growing sense of a new national community, all of that disappeared.
It goes without saying that clear thinking and imaginative problem solving are easier in hindsight, away from the battlefield. I was in the White House for six months of 2009, and I was outside of it afterward. I had some of the above insights at the time, but many did not come to me in the middle of the drama and action. Most are the product of deeper reflection, which I was able to do only from a distance.
Nonetheless, the exercise of trying to sort out what might have been and trying to understand why nobody was able to make those things happen in real time has informed this book and shaped my arguments going forward.
Let me speak personally: looking back, I do not think those of us who believed in the agenda of change had to get beaten as badly as we were, after Obama was sworn in. We did not have to leave millions of once-inspired people feeling lost, deceived, and abandoned. We did not have to let our movement die down to the level that it did.
The simple truth is this: we overestimated our achievement in 2008, and we underestimated our opponents in 2009.
We did not lose because the backlashers got so loud. We lost because the rest of us got so quiet. Too many of us treated Obama’s inauguration as some kind of finish line, when we should have seen it as just the starting line. Too many of us sat down at the very moment when we should have stood up.
Among those who stayed active, too many of us (myself included) were in the suites when we should have been in the streets. Many “repositioned” our grassroots organizations to be “at the table” in order to “work with the administration.” Some of us (like me) took roles in the government. For a while at least, many were so enthralled with the idea of being a part of history that we forgot the courage, sacrifices, and risks that are sometimes required to make history.
That is hard, scary, and thankless work. It requires a willingness to walk with a White House when possible—and to walk boldly ahead of that same White House, when necessary. A few leaders were willing to play that role from the very beginning, but many more were not. Too many activists reverted to acting like either die-hard or disappointed fans of the president, not fighters for the people.
The conventional wisdom is that Obama went too far to the left to accommodate his liberal base. In my view, the liberal base went too far to the center to accommodate Obama. The conventional wisdom says that Obama relied on Congress too much. I say Obama relied on the people too little, and we tried to rely on him too much. Once it became obvious that he was committed to bipartisanship at all costs, even if it meant chasing an opposition party that was moving further to the right every day, progressives needed to reassess our strategies, defend our own interests, and go our own way. It took us way too long to internalize this lesson— and act upon it.
The independent movement for hope and change, which had been growing since 2003, was a goose that was laying golden eggs. But the bird could not be bossed. Caging it killed it. It died around conference tables in Washington, DC, long before the Tea Party got big enough to kick its carcass down the street.
The administration was naïve and hubristic enough to try to absorb and even direct the popular movement that had helped to elect the president. That was part of the problem. But the main problem was that the movement itself was naïve and enamored enough that it wanted to be absorbed and directed. Instead of marching on Washington, many of us longed to get marching orders from Washington. We so much wanted to be a part of something beautiful that we forgot how ugly and difficult political change can be. Somewhere along the line, a bottom-up, largely decentralized phenomenon found itself trying to function as a subcomponent of a national party apparatus. Despite the best intentions of practically everyone involved, the whole process wound up sucking the soul out of the movement.
As a result, when the backlash came, the hope-and-changers had no independent ground on which to stand and fight back. Grassroots activists had little independent ability to challenge the White House when it was wrong and, therefore, a dwindling capacity to defend it when it was right.
The Obama administration had the wrong theory of the movement, and the movement had the wrong theory of the presidency. In America, change comes when we have two kinds of leaders, not just one. We need a president who is willing to be pushed into doing the right thing, and we need independent leaders and movements that are willing to do the pushing. For a few years, Obama’s supporters expected the president to act like a movement leader, rather than a head of state.
The confusion was understandable: As a candidate, Obama performed many of the functions of a movement leader. He gave inspiring speeches, held massive rallies, and stirred our hearts. But when he became president, he could no longer play that role.
The expectation that he would or could arose from a fundamental misreading of U.S. history. After all, as head of state, President Lyndon Johnson did not lead the civil rights movement. That was the job of independent movement leaders, such as Martin Luther King Jr., Ella Baker, Bayard Rustin, and Fannie Lou Hamer. There were moments of conflict and cooperation between Johnson and leaders in the freedom struggle, but the alchemy of political power and people power is what resulted in the Civil Rights Acts of 1964 and the Voting Rights Act of 1965.
As head of state, Franklin Delano Roosevelt did not lead the labor movement. That was the job of independent union leaders. Again, the alchemy of political power and people power resulted in the New Deal. As head of state, Woodrow Wilson did not lead the fight to enfranchise women. That was the role of independent movement leaders, such as suffragettes Susan B. Anthony and Ida B. Wells. The alchemy of political power and people power resulted in women’s right to vote. As head of state, Abraham Lincoln did not lead the abolitionists. That was the job of independent movement leaders Frederick Douglass, John Brown, and Harriet Tubman. The alchemy of political power and people power resulted in the emancipation of enslaved Africans. As head of state, Richard Nixon did not lead the environmental movement. That was the job of various environmental organizations, such as the Sierra Club, and other leaders, like those whom writer Rachel Carson inspired. Once again it was the alchemy of political power and people power that resulted in the Clean Air Act, the Clean Water Act, and the Environmental Protection Agency
The biggest reason for our frustrations and failures is that we have not yet understood that both of these are necessary—and they are distinct. We already have our head of state who arguably is willing to be pushed. We do not yet have a strong enough independent movement to do the pushing. The bulk of this book makes the case for how and why we should build one.
Van Jones adapted this article for YES! Magazine, a national, nonprofit media organization that fuses powerful ideas with practical actions, from his new book, Rebuild the Dream. Van Jones, a former contributing editor to YES! Magazine and a former adviser to President Obama, is the co-founder of Rebuild the Dream, a platform for bottom-up, people-powered innovations to help fix the U.S. economy. He is also the co-founder of the Ella Baker Center for Human Rights, Color of Change, and Green for All.
Interested?
- Now, Let’s Occupy the Ballot
Van Jones: During election season, all eyes turn to politics. How do we ensure that the interests of the 99 percent are represented in the halls of power? - 9 Best Strategies to End Corporate Rule
Corporate power is behind the politics of climate denial, Wall Street bailouts, union busting, and media consolidation, to name just a few. But real people have power, too. Here are some of our most successful strategies. - Special Weapons for Fighting Giants
Revoke their charters, and other legal tools to hold corporations accountable to our laws.
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Images from the Great Depression: Seems Like Just Yesterday
Reprinted from Common Dreams (March 25, 2012) by permission of author.
By Paul Buchheit
In March of 1936 U.S. photographer Dorothea Lange, on her way to San Francisco after searching the countryside for Depression-era photos, passed a sign saying “Pea Picker’s Camp” in Nipomo, California. Thinking little of it, she drove on. But a few miles down the road she changed her mind and turned back. Her first encounter in the camp was with a widowed 32-year-old Oklahoma mother of seven who had driven to California looking for work. Now, after a storm had wiped out the crop, and after she had sold the tires from her car to buy food, she sat under a makeshift tent with her children, unprepared for the days ahead of them. She looked a lot older than 32.
Days later a San Francisco News article reported: “Ragged, Hungry, Broke, Harvest Workers Live in Squalor.” Shocked Californians immediately began sending food, and the family of “migrant mother” Florence Thompson found refuge in a government shelter.
Millions of Americans today are like the woman in that 76-year-old black and white photo: desperate and determined but dignified individuals who want a job rather than a handout. But the present keeps fading into the past. The National Poverty Center recently reported that extreme poverty in America has doubled since the 1990s. 1.5 million people live on less than two dollars a day. Many more Americans — up to half the population — are considered “low income” by the Census Bureau.
Just like in the Depression years, people are losing their homes, or they’re losing the wealth that was in their homes. Foreclosures now account for almost a quarter of all residential sales. American families owe $700 billion more than their homes are worth.
Just like in the Depression years, people are without work, or they can’t find decent jobs. Unemployment figures don’t show the millions of underemployed and the millions who have stopped looking for work. Incredibly, wages over the last decade have increased more slowly than during the ten years of the Great Depression.
Other comparisons between then and now are equally striking. Inequality has returned to the modern-day high set in 1928. The middle class is rapidly losing its consuming power. Congress is making the same mistake that led to the “Roosevelt Recession” of 1937, focusing on budget-cutting rather than job growth.
Conservatives insist that the poor can’t become dependent on government. That’s fine, if they have job opportunities. Education is said to be the key. But state education cuts for 2012 are $12.7 billion, federal education cuts of 8% are anticipated beginning in 2013, and the total amount of student loans has reached $1 trillion.
The rational solutions include ending the Bush tax cuts, implementing the Buffett Rule, and imposing a small financial transaction tax.
Then wage a war, as we did in the 1940s, but this time against oil, by building wind turbines and solar panels and a smart grid for alternative energy transmission. That would create millions of jobs, and take us far away from a time we’d like to forget.
And it would put America back in the hands of middle-class workers instead of financial executives whose only goal is to get rich. It might even create a new class of folk hero. For a while in the 1930s “Pretty Boy” Floyd was a hero for taking money from the bankers responsible for foreclosures. He’d still be popular if he were around today.
Paul Buchheit is a college teacher, an active member of US Uncut Chicago, founder and developer of social justice and educational websites (UsAgainstGreed.org, PayUpNow.org, RappingHistory.org), and the editor and main author of “American Wars: Illusions and Realities” (Clarity Press). He can be reached at paul@UsAgainstGreed.org.
Fearful of Agenda 21, an alleged U.N. plot, activists derail land-use planning
Published in High Country News (hcn.org) February 6, 2012. Reprinted with permission.
By Jonathan Thompson
In November, La Plata County Commissioner Kellie Hotter called local land-use planning “a blood sport.” She wasn’t kidding. Since last spring, as this southwestern Colorado county considered a new comprehensive land-use plan, carnage has piled up. By mid-December, casualties included a fired planning commissioner, a resigned county planning director and the plan itself — a 400-page document that took two years, $750,000 and 137 public meetings to produce.
Even planning veterans in the rural West — where it’s not uncommon for mind-numbing meetings to erupt into verbal fisticuffs — were shocked by the bloodshed in La Plata County. But perhaps most surprising was who emerged the untarnished victors: Activists who believe that smart growth, clustered development, smart meters and even bike paths are all part of a nefarious United Nations plot to rob citizens of their liberties.
They may sound like folks on the fringe. But they are increasingly influential — and they’ve sabotaged planning efforts nationwide.
The movement’s ideology isn’t new: resentment of government interference and vigilant defense of private-property rights, especially when environmental initiatives are involved. What is new is the alleged villain: Agenda 21, a two-decades-old U.N. document that encourages sustainable development worldwide. The Agenda is being foisted, opponents claim, on often-unsuspecting local governments by ICLEI, a nonprofit that offers planning tools, greenhouse gas inventory software and technical support to some 550 government members in the U.S.
The result? “Government will control how hot your shower may be, how much air conditioning or heat you may use,” writes Tom DeWeese of the American Policy Center, an intellectual parent of the end-Agenda 21, or Agender, movement. “The policy of Agenda 21 comes in many names, such as Sustainable Development, Smart Growth, historic preservation … and comprehensive planning.”
La Plata County might not seem like a yeasty environment for fermenting right-wing movements. It’s voted mostly Democratic in major elections for at least 10 years. The population center is Durango, a college town with a disproportionate number of professional cyclists, lawyers and raft guides, not to mention a fabulous bike path. But remnants of the older West remain, most notably some 3,000 oil and gas wells. A far-right faction also still festers. When Colorado’s GOP was fractured by extremist and moderate infighting in 2006, the struggle was centered here.
Planning has always been contentious, and the county commission expected some controversy when, in 2009, it charged its staff and a team of consultants with developing a community-driven vision for the county’s growth over the next 20 years. The plan would contain no actual regulations, but it would provide a critical road map for rewriting the county’s land-use code.
A diverse, 17-member working group was formed to represent the community, and the public was encouraged to attend meetings. From the beginning, a vocal minority suspicious of government interference was present. At one early meeting, after a consultant spoke about preserving agriculture, possibly through zoning, sheep-rancher J. Paul Brown said: “If you’re looking for a fight, keep that crap up!” Such sentiments were incorporated into the draft plan.
Last spring, an ambitious vision emerged to rein in sprawl, encourage bicycling and public transportation, protect agriculture and promote sustainability. Respect for private-property rights and conventional energy development were also emphasized, and the draft was sent to the planning commission, an appointed body that in Colorado has the final say on county comprehensive plans. “There wasn’t a word in that plan that wasn’t vetted by the working group,” says Charlie Deans, the lead consultant.
But around the same time, the Agender movement was slithering out of the political primordial soup. Since as early as 2003, a few far-right commentators such as DeWeese had banged the Agenda 21 drum, but few listened. Then, in 2009, DeWeese took his ideas to the Tea Party, and its branches began adopting the Agender platform. “It was a slow acceleration,” says Don Knapp, an ICLEI spokesman who has tracked the movement.
During the 2010 mid-term campaign, Dan Maes, a doomed Republican and Tea Party Colorado gubernatorial candidate, announced that Denver’s bike-sharing program was part of a U.N. plot — probably the first high-profile mention of Agenda 21. In a debate for Colorado House District 59, La Plata County’s J. Paul Brown declared that Obama had a secret army and that the U.N. is “going to control our land and our guns.” Gleeful Democrats assumed the rhetoric would kill Brown’s chances for a seat long held by moderates. They were wrong: Brown won.
Also in 2010, Rosa Koire started the Post-Sustainability Institute, which campaigns against Agenda 21 and “communitarianism.” Despite the fact that she’s a registered Democrat who looks fresh from auditions for a Gloria Steinem bio-pic, Koire, a Bay Area real-estate appraiser, has become a Tea Party YouTube hero and Agender leader. Then, last June, Glenn Beck did a 14-minute anti-Agenda 21 monologue on Fox News.
“It really picked up steam after that,” says Knapp. Last month, Koire and dozens of fellow Agenders packed a planning meeting in Marin County, Calif., shouting anti-planning slogans. Agenders in Benton County, Ore., went after a plan to protect river corridors. One told the Corvallis Gazette-Times: “Riparian, sustainability — it’s the words that give ‘em away. Their goal is to take over the world by taking over the water, the land and the food.” Last fall, Newt Gingrich vowed to cut funding for “any kind of activity for United Nations Agenda 21″ if elected president. And at least 16 communities have ended their ICLEI membership in protest.
In La Plata County, by late July the anti-planning crowd started referencing Agenda 21 in their public comments. County planner Erick Aune had never even heard of it. So he attended an “evening of Agenda 21 education” hosted by the Four Corners Liberty Restoration group, where the featured speaker masterfully laid out a 200-year conspiracy culminating in the comprehensive plan. By the end of that month, more than 100 people had signed a petition against it, saying it was “based on emotional feel-good ideas that are designed for social engineering and social equity that trample our rights as free people.”
In December, after whittling the plan down to about 40 pages and snuffing out an entire chapter on sustainable development, the La Plata County planning commission unanimously voted to scrap it altogether. Aune resigned a day later.
The reasons the planning commissioners gave were somewhat vague. The plan was too values-based; it didn’t reflect the will of the community. But there’s little doubt that the Agenders influenced the process. “I’m for planning, but I’m not for the ideological, political, social engineering that went into this document,” commissioner Steven Kallaher said in December. Earlier, of community concerns, he said, “Someone who owns hundreds of acres in the county doesn’t want someone living in the city who rides a solar-powered bicycle to tell them what to do.”
“The (Agenders) group was very organized and very focused and very intent on delivering a consistent message,” says Aune. “They wanted (the comprehensive plan) to go away because it represents government and control to them.”
The movement’s meteoric rise is probably due to the fact that it’s just the most recent incarnation of an age-old ideology. “Local debates about property rights have been around for decades,” says Knapp. “What’s new is this idea that it has to do with the United Nations or the imposition of some outside force … that there’s this tyranny at play.
“(It’s) motivated a lot of people to get involved in local politics,” he says. “It’s a really good scare story. It’s big on fear, it’s big on fiction, and it’s short on fact.”
Jonathan Thompson is a contributing editor at High Country News and a 2011-2012 Ted Scripps Fellow in Environmental Journalism at the University of Colorado Boulder.
Public Sector Banks: From Black Sheep to Global Leaders
By Ellen Brown (Reprinted from Centre for Research on Globalization with permission of the author)
Once the black sheep of high finance, government owned banks can reassure depositors about the safety of their savings and can help maintain a focus on productive investment in a world in which effective financial regulation remains more of an aspiration than a reality. Centre for Economic Policy Research, VoxEU.org.
Public sector banking is a concept that is relatively unknown in the United States. Only one state—North Dakota—owns its own bank. North Dakota is also the only state to escape the credit crisis of 2008, sporting a budget surplus every year since; but skeptics write this off to coincidence or other factors. The common perception is that government bureaucrats are bad businessmen. To determine whether government-owned banks are assets or liabilities, then, we need to look farther afield.
When we remove our myopic U.S. blinders, it turns out that globally, not only are publicly-owned banks quite common but that countries with strong public banking sectors generally have strong, stable economies. According to an Inter-American Development Bank paper presented in 2005, the percentage of state ownership in the banking industry globally by the mid-nineties was over 40 percent.[i] The BRIC countries—Brazil, Russia, India, and China—contain nearly three billion of the world’s seven billion people, or 40% of the global population. The BRICs all make heavy use of public sector banks, which compose about 75% of the banks in India, 69% or more in China, 45% in Brazil, and 60% in Russia.
The BRICs have been the main locus of world economic growth in the last decade. China Daily reports, “Between 2000 and 2010, BRIC’s GDP grew by an incredible 92.7 percent, compared to a global GDP growth of just 32 percent, with industrialized economies having a very modest 15.5 percent.”
All the leading banks in the BRIC half of the globe are state-owned. In fact the largest banks globally are state-owned, including:
- The two largest banks by market capitalization (ICBC and China Construction Bank)
- The largest bank by deposits (Japan Post Bank)
- The largest bank by assets (Royal Bank of Scotland, now nationalized)
- The world’s largest development bank (BNDES in Brazil).
A May 2010 article in The Economist noted that the strong and stable publicly-owned banks of India, China and Brazil helped those countries weather the banking crisis afflicting most of the rest of the world in the last few years. According to Professor Kurt von Mettenheim of the Sao Paulo Business School of Brazil:
Government banks provided counter cyclical credit and policy options to counter the effects of the recent financial crisis, while realizing competitive advantage over private and foreign banks. Greater client confidence and official deposits reinforced liability base and lending capacity. The credit policies of BRIC government banks help explain why these countries experienced shorter and milder economic downturns during 2007-2008.
Surprising Findings
In a 2010 research paper summarized on VoxEU.org, economists Svetlana Andrianova, et al., wrote that the post-2008 nationalization of a number of very large banks, including the Royal Bank of Scotland, “offers an opportune moment to reduce the political power of bankers and to carry out much needed financial reforms.” But “there are concerns that governments may be unable to run nationalised banks efficiently.”
Not to worry, say the authors:
Follow-on research we have carried out (Andrianova et al, 2009) . . . shows that government ownership of banks has, if anything, been robustly associated with higher long run growth rates.
Using data from a large number of countries for 1995-2007, we find that, other things equal, countries with high degrees of government ownership of banking have grown faster than countries with little government ownership of banks. We show that this finding is robust to a battery of econometric tests.
Expanding on this theme in their research paper, the authors write:
While many countries in continental Europe, including Germany and France, have had a fair amount of experience with government-owned banks, the UK and the USA have found themselves in unfamiliar territory. It is therefore perhaps not surprising that there is deeply ingrained hostility in these countries towards the notion that governments can run banks effectively. . . . Hostility towards government-owned banks reflects the hypothesis . . . that these banks are established by politicians who use them to shore up their power by instructing them to lend to political supporters and government-owned enterprises. In return, politicians receive votes and other favours. This hypothesis also postulates that politically motivated banks make bad lending decisions, resulting in non-performing loans, financial fragility and slower growth.
But that is not what the data of these researchers showed:
[W]e have found that . . . countries with government-owned banks have, on average, grown faster than countries with no or little government ownership of banks. . . . This is, of course, a surprising result, especially in light of the widespread belief—typically supported by anecdotal evidence—that ‘… bureaucrats are generally bad bankers’ . . . .
What accounts for their surprising findings? The authors provide a novel explanation:
We suggest that politicians may actually prefer banks not to be in the public sector. . . . Conditions of weak corporate governance in banks provide fertile ground for quick enrichment for both bankers and politicians – at the expense ultimately of the taxpayer. In such circumstances politicians can offer bankers a system of weak regulation in exchange for party political contributions, positions on the boards of banks or lucrative consultancies. Activities that are more likely to provide both sides with quick returns are the more speculative ones, especially if they are sufficiently opaque as not to be well understood by the shareholders such as complex derivatives trading.
Government owned banks, on the other hand, have less freedom to engage in speculative strategies that result in quick enrichment for bank insiders and politicians. Moreover, politicians tend to be held accountable for wrongdoings or bad management in the public sector but are typically only indirectly blamed, if at all, for the misdemeanours of private banks. It is the shareholders who are expected to prevent these but lack of transparency and weak governance stops them from doing so in practice. On the other hand, when it comes to banks that are in the public sector, democratic accountability of politicians is more likely to discourage them from engaging in speculation. In such banks, top managers are more likely to be compelled to focus on the more mundane job of financing real businesses and economic growth.
The BRICs as a Global Power
Focusing on the financing of real businesses and economic growth seems to be the secret of the BRICs, which are leading the world in economic development today. But the BRIC phenomenon is more than just a growth trend identified by an economist. It is now an international organization, an alliance of countries representing the common interests and goals of its members. The first BRIC meeting, held in 2008, was called a triumph for former Russian President Vladimir Putin’s policy of promoting multilateral arrangements that would challenge the United States’ concept of a unipolar world.
The BRIC countries had their first official summit and became a formal organization in Yekaterinburg, Russia, in 2009. They met in Brazil in 2010 and in China in 2011, and they will meet in India in 2012. In 2010, at China’s invitation, South Africa joined the group, making it “BRICS” and adding a strategic presence on the African continent.
The BRICS seek more voice in the United Nations, the IMF, and the World Bank. They are even discussing their own multicultural bank to fund projects within their own nations, in direct competition with the IMF. They oppose the dollar as global reserve currency. After the Yekaterinburg summit, theycalled for a new global reserve currency, one that was diversified, stable and predictable; and they have the clout to get it. According to Liam Halligan, writing in The U.K. Telegraph:
The BRICs account for . . . around three-quarters of total currency reserves. They have few serious fiscal issues and all are net external creditors.
Western financial interests have long fought to maintain the dollar as global reserve currency, but they are losing that battle, despite economic and military coercion. Russia, China and India are now nuclear powers. The BRICS will have to be negotiated with, and the first step to forming a working relationship is to understand how their economies work.
Written for the Public Banking in America Conference April 27-28th, Philadelphia.
Ellen Brown is an attorney and president of the Public Banking Institute,http://PublicBankingInstitute.org. In Web of Debt, her latest of eleven books, she shows how a private cartel has usurped the power to create money from the people themselves, and how we the people can get it back. Her websites are http://WebofDebt.com and http://EllenBrown.com
America’s Credit and Housing Crisis: New State Bank Bills
By Ellen Brown (Reprinted from the Centre for Research on Globalization with the permission of the author)
Seventeen states have now introduced bills for state-owned banks, and others are in the works. Hawaii’s innovative state bank bill addresses the foreclosure mess. County-owned banks are being proposed that would tackle the housing crisis by exercising the right of eminent domain on abandoned and foreclosed properties. Arizona has a bill that would do this for homeowners who are current in their payments but underwater, allowing them to refinance at fair market value.
The long-awaited settlement between 49 state Attorneys General and the big five robo-signing banks is proving to be a major disappointment before it has even been signed, sealed and court approved. Critics maintain that the bankers responsible for the housing crisis and the jobs crisis will again be buying their way out of jail, and the curtain will again drop on the scene of the crime.
We may not be able to beat the banks, but we don’t have to play their game. We can take our marbles and go home. The Move Your Money campaign has already prompted more than 600,000 consumers to move their funds out of Wall Street banks into local banks, and there are much larger pools that could be pulled out in the form of state revenues. States generally deposit their revenues and invest their capital with large Wall Street banks, which use those hefty sums to speculate, invest abroad, and buy up the local banks that service our communities and local economies. The states receive a modest interest, and Wall Street lends the money back at much higher interest.
Rhode Island is a case in point. In an article titled “Where Are R.I. Revenues Being Invested? Not Locally,” Kyle Hencewrote in ecoRI News on January 26th:
According to a December Treasury report, only 10 percent of Rhode Island’s short-term investments reside in truly local in-state banks, namely Washington Trust and BankRI. Meanwhile, 40 percent of these investments were placed with foreign-owned banks, including a British-government owned bank under investigation by the European Union.
Further, millions have been invested by Rhode Island in a fund created by a global buyout firm . . . . From 2008 to mid-2010, the fund lost 10 percent of its value — more than $2 million. . . . Three of four of Rhode Island’s representatives in Washington, D.C., count [this fund] amongst their top 25 political campaign donors . . . .
Hence asks:
Are Rhode Islanders and the state economy being served well here? Is it not time for the state to more fully invest directly in Rhode Island, either through local banks more deeply rooted in the community or through the creation of a new state-owned bank?
Hence observes that state-owned banks are “[o]ne emerging solution being widely considered nationwide . . . . Since the onset of the economic collapse about five years ago, 16 states have studied or explored creating state-owned banks, according to a recent Associated Press report.”
2012 Additions to the Public Bank Movement
Make that 17 states, including three joining the list of states introducing state bank bills in 2012: Idaho (a bill for a feasibility study), New Hampshire (a bill for a bank), and Vermont (introducing THREE bills—one for a state bank study, one for a state currency, and one for a state voucher/warrant system). With North Dakota, which has had its own bank for nearly a century, that makes 18 states that have introduced bills in one form or another—36% of U.S. states. For states and text of bills, see here.
Other recent state bank developments were in Virginia, Hawaii, Washington State, and California, all of which have upgraded from bills to study the feasibility of a state-owned bank to bills to actually establish a bank. The most recent,California’s new bill, was introduced on Friday, February 24th.
All of these bills point to the Bank of North Dakota as their model. Kyle Hence notes that North Dakota has maintained a thriving economy throughout the current recession:
One of the reasons, some say, is the Bank of North Dakota, which was formed in 1919 and is the only state-owned or public bank in the United States. All state revenues flow into the Bank of North Dakota and back out into the state in the form of loans.
Since 2008, while servicing student, agricultural and energy— including wind — sector loans within North Dakota, every dollar of profit by the bank, which has added up to tens of millions, flows back into state coffers and directly supports the needs of the state in ways private banks do not.
Publicly-owned Banks and the Housing Crisis
A novel approach is taken in the new Hawaii bill: it proposes a program to deal with the housing crisis and the widespread problem of breaks in the chain of title due to robo-signing, faulty assignments, and MERS. (For more on this problem, see here.) According to a February 10th report on the bill from the Hawaii House Committees on Economic Revitalization and Business & Housing:
The purpose of this measure is to establish the bank of the State of Hawaii in order to develop a program to acquire residential property in situations where the mortgagor is an owner-occupant who has defaulted on a mortgage or been denied a mortgage loan modification and the mortgagee is a securitized trust that cannot adequately demonstrate that it is a holder in due course.
The bill provides that in cases of foreclosure in which the mortgagee cannot prove its right to foreclose or to collect on the mortgage, foreclosure shall be stayed and the bank of the State of Hawaii may offer to buy the property from the owner-occupant for a sum not exceeding 75% of the principal balance due on the mortgage loan. The bank of the State of Hawaii can then rent or sell the property back to the owner-occupant at a fair price on reasonable terms.
Arizona Senate Bill 1451, which just passed the Senate Banking Committee 6 to 0, would do something similar for homeowners who are current on their payments but whose mortgages are underwater (exceeding the property’s current fair market value). Martin Andelman calls the bill a “revolutionary approach to revitalizing the state’s increasingly water-logged housing market, which has left over 500,000 of Arizona’s homeowners in a hopelessly immobile state.”
The bill would establish an Arizona Housing Finance Reform Authority to refinance the mortgages of Arizona homeowners who owe more than their homes are currently worth. The existing mortgage would be replaced with a new mortgage from AHFRA in an amount up to 125% of the home’s current fair market value. The existing lender would get paid 101% of the home’s fair market value, and would get a non-interest-bearing note called a “loss recapture certificate” covering a portion of any underwater amounts, to be paid over time. The capital to refinance the mortgages would come from floating revenue bonds, and payment on the bonds would come solely from monies paid by the homeowner-borrowers. An Arizona Home Insurance Fund would create a cash reserve of up to 20 percent of the bond and would be used to insure against losses. The bill would thus cost the state nothing.
Critics of the Arizona bill maintain that it shifts losses from collapsed property values onto banks and investors, violating the law of contracts; and critics of the Hawaii bill maintain that the state bank could wind up having paid more than market value for a slew of underwater homes. An option that would avoid both of these objections is one suggested by Michael Sauvante of the Commonwealth Group, discussed earlier here: the state or county could exercise its right of eminent domain on blighted, foreclosed and abandoned properties. It could offer to pay fair market value to anyone who could prove title (something that with today’s defective title records normally can’t be done), then dispose of the property through a publicly-owned land bank as equity and fairness dictates. If a bank or trust could prove title, the claimant would get fair market value, which would be no less than it would have gotten at an auction; and if it could not prove title, it legally would have no claim to the property. Investors who could prove actual monetary damages would still have an unsecured claim in equity against the mortgagors for any sums owed.
Rhode Island Next?
As the housing crisis lingers on with little sign of relief from the Feds, innovative state and local solutions like these are gaining adherents in other states; and one of them is Rhode Island, which is in serious need of relief. According to The Pew Center on the States, “The country’s smallest state . . . was one of the first states to fall into the recession because of the housing crisis and may be one of the last to emerge.”
Rhode Islanders are proud of having been first in a number of more positive achievements, including being the first of the 13 original colonies to declare independence from British rule. A state bank presentation was made to the president of the Rhode Island Senate and other key leaders earlier this month that was reportedly well received. Proponents have ambitions of making Rhode Island the first state in this century to move its money out of Wall Street into its own state bank, one owned and operated by the people for the people.
Ellen Brown is an attorney and president of the Public Banking Institute, http://PublicBankingInstitute.org. In Web of Debt, her latest of eleven books, she shows how a private cartel has usurped the power to create money from the people themselves, and how we the people can get it back. Her websites are http://WebofDebt.com and http://EllenBrown.com
Fracking Bans that Can Stand
In New York, judges are standing up for communities’ rights to say no to corporate drilling.
By Maura Stephens (Originally published in Yes! Magazine, February 29, 2012)
In New York State, some 82 towns and counties have passed ordinances outlawing fracking, a natural gas drilling method known for causing severe water pollution. Another 35 have ordinances in the works. But until last week, no one knew quite what would happen when those ordinances were—inevitably—challenged by drilling companies.
Now, in a resounding win for activists, two different state Supreme Court justices have upheld fracking bans in two different New York towns.
Dryden gets active
This is the story of one of those townships, and how it came to be a leader in the fight against fracking. Dryden is home to some 14,000 people amid the rolling hills and glacial valleys of central New York. There, the economy has been sluggish for decades, farmers struggle, and people work hard yet barely make ends meet—making communities ripe for exploitation by an unscrupulous industry.
But the industry didn’t bargain for Hilary Lambert, or Judy Pierpont, or Marie McRae, or any of the tens of thousands of activists, or the dedicated pro bono attorneys who have mobilized to ban fracking in townships across the state before it begins. (New York currently doesn’t allow fracking, pending a review of the practice’s safety by the state Department of Environmental Conservation.)
Dryden residents began mobilizing around fracking in 2009, when a small group began meeting to discuss the issue. Dryden Resource Awareness Coalition (DRAC) evolved; its 10 to 20 most active members would become the core of the town’s efforts, but the organization has no real hierarchy or structure. And that’s the way they like it.
“We set biweekly meetings, reserved space in Town Hall, and people just started showing up,” says Judy Pierpont, a retired professor. “It’s a very loose group. People found their niche and contributed in whatever ways they could. Anyone can participate. We have no officers. We work by consensus. People volunteer for things, and people emerge as leaders.”
That was a new experience for everyone, perhaps no one more so than Joe Wilson, who retired in 2009 from his long-time role as a high school principal.
“All my experience,” says Wilson, “had been in hierarchical organizations with formal planning. We even had plans on how to execute plans. I learned that significant things can be accomplished by people operating as a collaborative with virtually no hierarchy, coming to consensus on both what’s the right thing to do and on how to get it done. I also learned there’s power in such groups. It’s not futile to find grassroots groups that want what you want, band together, and lean on elected officials to move in the direction you favor.”
“We didn’t think we had a right to ban fracking.”
By early 2010, says Jason Leifer, a town board member who has served since 2007, at least some members of the board knew fracking was not something they wanted for Dryden. “I’d been reading blogs by people from other shale plays, in Texas, Wyoming, Colorado, who were writing about the bad things happening in their areas,” he says. “Spills, too many trucks, the trend toward suburban drilling. This was nothing like the old vertical wells.”
But in New York law, towns didn’t have the right to regulate drilling. Leifer and town supervisor Mary Ann Sumner began talking about how the town might deal with fracking if it were to come. “It seemed odd to me that we could have a say in cell towers — which have far less of an impact than a gas well,” says Leifer. “It made no sense. We should have some say in where these things go, if they go anywhere.”
“Initially, like the other communities, we didn’t think we had a right to ban fracking,” says Marie McRae, who owns and operates a small private horse boarding facility in Dryden. She had signed a gas lease in 2008 after being “chased by a landman for nine months,” she says. “He told me that all the other land around was leased, and if I didn’t sign they’d come and take the gas from my land anyway. ‘This lease is your last chance to have a say about what happened to your land,’ he told me. That’s a lie, as I later learned, but I signed. Then I curled up in a fetal position, mentally, for about six months.”
But then McRae, who had never been interested, let alone involved, in politics, woke up — and she has long since made up for any lost time. She joined DRAC, becoming a core member and frequent spokesperson.
The idea that an outright ban might be possible came via neighboring towns, including Ulysses, Danby, Ithaca, and Middlefield, which were pursuing their own bans. All were basing their work on the research of Ithaca attorneys Helen and David Slottje, who found that, while towns are not permitted within New York State law to regulate the natural gas drilling industry, prohibiting the activity of the industry in the first place avoids the problem of interfering in the industry’s conduct of its business.
of them as news.”
“These gas companies are waging war on people, on communities,” says Helen Slottje. “You see this kind of bullying all over. In West Virginia, Morgantown passed a ban, and Chesapeake [Energy Company] took away the money they were donating for the school band. The corporations get communities dependent on them, and then they use that dependence to buy silence. And many towns don’t have good legal representation, so they get bullied, beaten up. The gas companies launch smear campaigns and make people’s lives miserable. That makes me angry. That’s what motivates me.”
Through their Ithaca law firm, Community Environmental Defense Council, Inc., the Slottjes have counseled more than 50 municipalities around the state, doing all the work pro bono and relying on donations from individuals and foundations to help support the efforts.
All the towns were trying something totally new, blazing new ground, and with the Slottjes’ counsel, each community was trying to customize what would work for its own unique character and needs.
Convincing the community
After some Ulysses residents came to Dryden and gave pointers about how to petition for a ban, DRAC wrote a simple ban statement and began going door-to-door to collect signatures.
“We started out with about eight of us,” recalls Pierpont, “but then friends, and friends of friends, and friends of friends of friends joined. We also had an online petition, which was very helpful.” The canvassers found that 80 to 85 percent of those they approached were ready to sign the ban petition. But if people’s minds were made up on the other side, some would not even engage in conversation.
The people who believed fracking is “safe, clean, and domestic” shared their views and opinions in language that was straight out of gas company commercials, Wilson notes. They’d heard industry ads and thought of them as news.
“What people see on TV and in major publications is shaped by the gas companies’ ability to get broadcasters and reporters to use a position favorable to energy companies as a point of departure,” Wilson says. “They think they know facts, and therefore they disagree with us. Mainstream media are very powerful in creating frames of reference which we then have to deal with.”
During four months of canvassing, DRAC was also hosting community forums on fracking, where people could hear perspectives not generally available to those getting their news from mainstream media. That helped change some minds, reports Wilson.
“People who seemed to move opinion best were the physicians and scientists, considered bound by their professions to be even-handed, unbiased,” Wilson recalls. “People were also ready to sign if they’d gotten their information from [non-mainstream] sources, such as reading a letter to the editor from someone trusted in the community, or if the veterinarian they’ve been going to for a long time says fracking will harm animals.”
And the Slottjes, who patiently explained complicated legal matters over many visits to Dryden, were influential with residents as well as with the Town Board. They recommended that Dryden and other municipalities adopt a zoning law or amendment that specifically prohibits high-impact industrial use, which should be defined as “encompassing unconventional gas drilling and any other use they considered inimical to the municipality’s character and goals.”
The Dryden Town Board held two official public hearings, where the majority of speakers spoke against fracking. On April 20, 2011, at a board meeting packed with more than 100 residents, almost all of whom supported the ban, DRAC announced that it had gotten 1,594 signatures on the petition. Thirty of thFose signers got up to speak for two minutes each. Longtime resident and former Dryden Planning Board member Buzz Lavine said, as DRAC reported, “The federal and state governments cannot protect us. The power to do that is right here in this room.”
At that meeting an audience member warned that the town might be sued by a big gas company. David Slottje assured the board and the crowd that long legal precedent existed for towns to zone out undesired uses.
Industry fires back
On August 2, 2011 the Town Board voted unanimously for a ban on fracking, fully aware that a lawsuit might ensue.
It did. On September 16, 2011 Anschutz Energy Corporation, which had spent about $4.7 million on leases in Dryden, filed a lawsuit against the town to overturn the ban. They claimed that state law supersedes all local regulations relating to oil and gas activities except as applied to local roads and real property taxes.
But Judge Phillip Rumsey of the New York State Supreme Court ruled on February 21, 2012 that Dryden does indeed have the right to prohibit fracking in the town.
Some people think it’s likely Anschutz will appeal within the 30-day time limit. But, says Mahron Perkins, who has served as Town of Dryden attorney for 33 years and who presented the town’s case, “Judge Rumsey gave a very reasoned, well researched, well articulated decision. I think it’s going to stand up on appeal.”
Moving forward
In the meantime, at Wilson’s urging, DRAC members are also planning to get the town board to put in place secondary protections: road, air quality, critical environmental area designations, rules about setbacks around wellheads. “Our county’s council of governments has a spreadsheet that lists 15 or 16 different municipal tools to enhance the protection of citizenry against fracking,” says Wilson. “We’ll be working on model regulations for the so-called gathering lines, pipes taking the gas from wellheads to compressor stations. No one regulates them now—not the feds, or the state, or municipalities. Perhaps this is something municipalities can claim.”
system, things can work… we were lucky to get an honest,
reasonable judge who looked at this very fairly.”
“Some people say that to say ‘No’ to natural gas makes you a NIMBY,” says Hilary Lambert, steward of the Cayuga Lake Watershed Network, who spent 16 years as a coal activist in Kentucky before moving back to her childhood home in Dryden. “We’re very concerned about this. It’s a crowded world, and it’s getting more crowded. We know we have to take care of everybody’s water, everywhere. We work with everyone across borders, across Appalachia and every other part of the country. Without clean water, we don’t have anything.”
In fact, some of the Dryden activists are already helping other towns build their case for a ban. “We’ve learned so much,” says Pierpoint. “We want to use that knowledge to help other communities.”
She adds, “It feels like affirmation that when you have integrity in a legal system, things can work. We were besieged by somebody with a lot of money and a certain ill will, and we were lucky to get an honest, reasonable judge who looked at this very fairly. We’re fighting to keep our communities safe, but also for the viability of our system of democracy. If we don’t defend it, it goes down.
“In this case, it worked.”
A concurring opinion
Middlefield, New York, a few hours to the east of Dryden, also outlawed fracking last year, with a zoning law banning heavy industry uses of land, including drilling for shale gas. Jennifer Huntington, a dairy farmer who had leased 380 acres of her land for drilling, sued the town, claiming that the ban caused her economic harm.
Three days after the Dryden ruling, another New York Supreme Court judge, Donald Cerio Jr., upheld Middlefield’s ban, finding strong merit in the argument that municipalities have the right to keep harmful activities out.
New York’s Little Revolution
How the state’s fight for clean water is reshaping its political landscape.
Attorney Helen Slottje saw it as a clear win, and wrote to her allies congratulating them for the hard work so many people had put into making local laws to protect their communities.
“We have been saying for some time now that towns had the right to zone out drilling activities,” she wrote on hearing the news from Middlefield.
“Industry has, and surely will, continue to engage in bullying, intimidation, and scare tactics against the citizens of the state of New York. But local elected officials across the state have stood strong and stood together, with the unflinching backing of so many of their residents in the face of these strong-arm threats.”
“Because the members of the town boards in Dryden and Middlefield were willing to exercise their right to protect their citizens and stood firm in their convictions, we now have definitive answers from two separate courts that clearly support local community rights.”
Maura Stephens wrote this article for YES! Magazine, a national, nonprofit media organization that fuses powerful ideas with practical actions. Maura is an independent journalist and associate director of the Park Center for Independent Media at Ithaca College and a founding member of the Coalition to Protect New York. She is writing a book, Frack Attack: Fighting Back, about unconventional gas drilling and the grass-roots people who are combating its dangers.
Interested?
- Pittsburgh Bans Natural Gas Drilling
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the world’s dirtiest fuel source could be an example for the rest of us. - Dear Big Coal: You’re Not Above the Law
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