North Carolina Law Enforcement Wrong to Target Pipeline Opponents

It is Duke, Dominion and EQT that are terrorizing people

By Michael M. Barrick

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Myra Bonhage-Hale, then of Alum Bridge, W.Va. holds signs with questions she had for Console about pipelines. This “activist” eventually moved out of state.

RALEIGH, N.C. – The North Carolina’s surveillance and counter-terrorism unit has conducted a “threat assessment” of opponents to the Atlantic Coast Pipeline (ACP), which is scheduled to be built in eastern North Carolina, according to North Carolina Policy Watch: “State Bureau of Investigation unit prepared “threat assessment” of Atlantic Coast Pipeline protestors.”

According to the article, “The state’s surveillance and counter-terrorism unit, the Information Sharing and Analysis Center (ISAAC), warned law enforcement officials that the Atlantic Coast Pipeline could attract “violent extremists” who are opposed to the natural gas project in North Carolina … .” If approved, the Atlantic Coast Pipeline will run more than 170 miles through North Carolina roughly parallel with I-95 east of Raleigh.

The law enforcement analysis could not be more misguided.

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Joao Barroso makes a point with neighbors in Randolph County, W.Va. He became an “activist” to protect hundreds of acres of his pristine land.

There are terrorists involved in fracking and related pipeline development – if that’s the word the law enforcement wishes to use – but they are not the opponents to the pipeline; rather the ones terrorizing people and the environment are the corporations building the pipelines. These include Duke Energy of Charlotte, Dominion Resources of Richmond, and EQT of Pittsburgh. The latter company is the primary developer of the Mountain Valley Pipeline (MVP), another controversial pipeline being built through West Virginia and Virginia.

The ISAAC would be well served to listen to this excellent interview of Ellen M. Gilmer, a legal reporter with E&E News by West Virginia Public Radio. Gilmer offers an analysis of the court battles involving both pipelines. One listening to it will see that pipeline opponents don’t have to resort to “terrorism.” Why? They are enjoying many victories in state and federal courts. Victories, in fact, that for now have shut construction of the pipelines down.

Opponents are not wide-eyed radicals and Gilmer knows it. How do I know? In 2015, I gave her a tour of the area in northern West Virginia where both pipelines originate. While living and reporting from there, I was covering construction of the Stonewall Gas Gathering line, a 36” diameter, 55-mile pipeline. Because it did not cross state boundaries, it did not need federal approval. Nevertheless, the pipeline’s builders were terrorizing people along the entire route.

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Justin McClain (L) listens as his father, Robert talks about the damage to their crops done by the Stonewall Gas Gathering Pipeline

As I took Ms. Gilmer around, I introduced her to the people most impacted by that project and introduced her to others whose land is threatened by the ACP and/or MVP. You’d have to ask her yourself, but I’m pretty sure she didn’t meet anyone that could be construed as a terrorist.

But, this is what she did see (or hear about because of time constraints):

  • A farmer in Doddridge County whose crops were destroyed because of improper erosion controls upstream during pipeline construction
  • Sick people throughout Doddridge County
  • The local newspaper is owned, literally, by gas and oil company owners
  • Citizens injured and killed by industry trucks
  • Residents leaving the state

These are just but a few examples. There are several more links at the end of this article. However, one moment stands out for me. It was at an event where the fossil fuel industry and law enforcement teamed up to intimidate local citizens simply curious about the pipelines as they were first announced. It was then that I knew the fix was in. The corporations got to the legislators, who then pressured law enforcement. Now it’s happening in North Carolina. It is beyond unnecessary – it is chilling.

What is fracking?
Fracking is a slang word for hydraulic fracturing, the process of injecting a fluid consisting of water, sand and chemicals at high pressure into shale. This fractures the rock, releasing natural gas, which is then extracted. In West Virginia, Ohio and Pennsylvania the Marcellus shale, a layer of rock 3,500 – 8,000 feet below the surface, is the object of fracking. The vertical depth of the formation is about 150 feet. Whether recovered or left behind, the frack fluid presents problems. The wastewater contains not only the chemicals added to the water, but also leaving minerals and radioactive materials recovered as part of the extraction process.

Failed erosion control 1

Failed erosion control on construction of Stonewall Gas Gathering pipeline in West Virginia Photo by Autumn Bryson

Pipeline construction

Fracking and pipeline construction are inexorably linked. Without fracking, there is no need for a pipeline. With fracking, all the risks associated with pipeline construction serve only to aggravate the impact of the process. So, there are many good reasons (see next section below) for people to oppose the ACP and MVP. The ACP is the longest, at more than 600 miles, terminating in Robeson County, N.C.

The companies seeking approval to build the ACP have harassed land owners wishing to protect their land from the devastation that would be caused by the ACP construction, not to mention the potential danger it poses for those living alongside of it. Having learned of what the people along the proposed ACP route have endured in West Virginia and Virginia, it is clear that the people of North Carolina need political leaders who will defend them, not consider them threats.

Fracking impacts and risks (Or ‘A Dirty Dozen Reasons to Oppose Fracking’)

Dead and injured workers (here and here), explosions on fracking pads (here), dead and injured motorists (here and here), destroyed wells and streams (here), dead livestock (here) and sickened residents (here) are just some of the public health and safety risks associated with fracking. Indeed, the list is rather long. The negative by-products of fracking include:

  1. Public Health Issues
  2. Water Use and Contamination
  3. Radioactivity
  4. Air Pollution
  5. Waste Disposal
  6. Site Development and Well Pad Activity
  7. Misuse of Eminent Domain
  8. Climate Change
  9. Traffic Congestion
  10. Potential Earthquakes
  11. Industry Instability

The people experiencing these events and tactics do not sound like terrorists. They sound like people who are being terrorized.

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A convoy of gas trucks rumble through downtown Weston, W.Va. at lunchtime.

Crony capitalism

This is not new to the fossil fuel industry. A century ago, during the West Virginia Mine Wars, as the coal companies worked to keep the unions out of the coal fields, they hired Baldwin-Felts detectives to brutalize the miners and their families. The companies also ensured that local law enforcement did their bidding.

Perhaps the most famous of these “lawmen” was Don Chafin, the sheriff of Logan County, W.Va., during the Mine Wars. According to the West Virginia Archives and History website, “In 1921, he mobilized a small army of deputies – later formally organized into the militia by order of the governor – which met the union organizers in skirmishes at Blair Mountain on the Boone – Logan county border and in the Crooked Creek section. Thousands of shots were fired and much blood shed but there were relatively few casualties. Once source says 47 were killed and more than 100 injured.

“Mingo County then the center of organizing activity, was under martial law. Union miners in Kanawha heard rumors that their comrades to the south were being mistreated. That started their march south through Boone and Logan. On their way they planned to break down Chafin’s non-union stronghold. Their favorite marching song was “Hang Don Chafin to a Sour Apple Tree.’”

ISAAC’s snooping proves beyond any doubt that efforts by the fossil fuel industry to get the likes of Don Chafin to do their bidding here and now remains alive and well. 

The proper response – A moratorium on fracking

Clearly, despite industry claims, it has much to prove before we can consider fracking and related pipeline development safe. So, the only option is to operate according to the Precautionary Principle. The Science & Environmental Health Network says about the Precautionary Principle: “When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. In this context the proponent of an activity, rather than the public, should bear the burden of proof. The process of applying the precautionary principle must be open, informed and democratic and must include potentially affected parties. It must also involve an examination of the full range of alternatives, including no action.”

Based on this definition, the only proper response is a moratorium on fracking. A moratorium remains in place only so long as the burden of proof has not been met. Should the industry, as some point in the future, demonstrate that fracking does not pose a threat to public health and the environment, the moratorium could be lifted.

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Children suffering nosebleeds is just one public health hazard in fracking zones

Add me to the list

I’m a pipeline opponent. I’ve never pretended otherwise. My writing has been focused on holding the fossil fuel industry accountable for the death and destruction it has caused in Appalachia and beyond. But, I’ve never touched a soul, never issued a threat, never trespassed, never polluted streams or any of the other numerous horrors the fracking industry has done.

What I have done is exercise my First Amendment rights. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Motivated and informed by my understanding of liberation theology, I have spoken and written against fracking and related pipeline development. I’ve been part of demonstrations of assembly. In short, I’ve been one of thousands of pipeline opponents who have legally and appropriately petitioned the Government.

So, if that puts me on a threat assessment watch list, then add me to the list and watch away. I’m quite familiar with the fossil fuel industry’s tactics. The ISAAC list is one I’d be proud to be on. But it won’t stop me or any other pipeline opponents. Why? Because we understand that it is time that the people – not crony capitalists – run our state and nation.

© Michael M. Barrick, 2018

Curry Hedge and Johnson at conference

About 50 pipeline activists gathered peacably at the Preserving Sacred Appalachia gathering in April 2015 in Charleston, W.Va. Here, Tierra Curry (L), Susan Hedge and Allen Johnson lead a discussion on the sacredness of Appalachia. Photo by Keely Kernan

Other articles I’ve written about the Fossil Fuel Extraction Industry

ACP Would Require Extensive Mountaintop Removal

Atlantic Coast Pipeline Costs Outweigh Benefits, Claims Independent Study

Breaking Ground, Breaking Hearts

Citizen Groups Organizing in Response to Fracking

Citizen Groups to Unite for Water Justice in West Virginia and Beyond

Clarksburg Newspaper Editorial an Affront to West Virginians

Dominion is a Bully, not a Community Builder

Ecological Monitoring Group Challenges Virginia Governor to be Transparent about Pipeline Deliberations

Environmental Scientists, Activist Applaud Mountain Valley Pipeline Ruling

EQT Letter Characterized as Misleading and Bullying

Factual Reporting is not Always Balanced

Feeding the Military Monster

FERC Independence Challenged by Nonprofits

Fracking Forum a Time to Learn, Unify and Act

Groups Work to Bring the Public Voice into Gas Pipeline Projects

Health and Well-Being of Residents Being Subordinated to Fracking Industry

Incompetence and Complacency Increase Dangers from Fracking

Is This Fair?

Jury in Pennsylvania Fracking Case Sees Clear Value in Lives and Property

Learning by Listening

Lewis County Resident Issues a Plea: Wake up West Virginia

Natural Gas Industry Moves from the Absurd to the Profane

Natural Gas Pipelines, the Drumbeats of War and Our Sense of Entitlement

OVEC Publishes Newspaper to Reach 29,000 West Virginians

Pipeline Proposal Raises Questions that Beg for Answers

Pipeline Monitoring Group: FERC Not Doing Job on ACP

Poor Emergency Planning in West Virginia Puts Citizens at Risk

Proposed ‘New” Route for Atlantic Coast Pipeline no Better than One Rejected, Say Opponents

Putting Liberation Theology to Practice in Appalachia

Reluctant Activist

Seeking Dominion over His Own Land

Standing Their Ground

The ‘Deceived God’

Unity the Theme at ‘Preserving Sacred Appalachia’ Conference

Virginia Officials Agree to Demands from Advocacy Group about Pipeline Deliberations

Voices out of the Wilderness

West Virginia: The Rodney Dangerfield of the USA

West Virginia Residents in Heart of Fracking Field Join in National Action

West Virginians and Pennsylvanians Standing in Solidarity Against Natural Gas Industry

West Virginia’s Top Story in 2015: People and Land under Assault

Why People Deny Global Warming Clues

WVDEP Secretary Randy Huffman Acknowledges Political and Business Climate in Charleston Limits Agency’s Effectiveness

‘You Make Us Want To Leave’

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4 responses

  1. Judicial

    >

  2. It is Duke, Dominion and EQT that are terrorizing people.

    Another fine article. Why don’t people elsewhere understand?

  3. One quibble: it isn’t just ACP and MVP taking gas from the frack fields to the east (possibly to export). There is also Rover in Ohio, heading north through Michigan into Canada, and MXP, connected to GXP heading down to the Gulf coast (likely for export). And then there is the scheme to try to break even by selling the natural gas liquids to an entire behemoth petrochemical complex planned to line the Ohio River from Pittsburgh to Kentucky. A second Cancer Alley (there are also plans to expand the first Cancer Alley in Louisiana and Texas). Every component does local harm, and also emits greenhouse gases. This industry does provide jobs–but fewer of them than other energy sources, notably renewables which do SO much less harm. But WE can’t have a renewable industry center here because of resource constraints–no, not that we lack sun, wind or materials, the problem is that the shale gas resource IS here, and the industry is determined to exploit it. In a political environment in which policy is another commodity for sale, it hasn’t been hard for the industry to get most politicians on there side. That’s a very $imple matter. In an environment in which print media and even TV are struggling, an industry which provides revenue will get a very favorable treatment, regardless of harm to local people. This makes it more difficult to get public opinion engaged.

    1. Not a quibble at all! Thanks for adding to the story.
      Peace, MB

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