FERC

Constitution and NED Pipelines Halted!

KNOCK US OVER WITH A FEATHER–TWO PIPELINES DOWN! Amazing news on Earth Day that the DEC denied the Water Quality Permit for the Constitution pipeline. Following close on the heels of Kinder-Morgan pulling the plug on their NED pipeline, it's clear that the power of public opinion, and the work of thousands of Northeast activists, is having direct impact on our energy future across the region. Catch all the details on both defeats HERE–rejoice, take a bow–and then let's redirect all that activism towards the projects that remain. (But seriously, what joyful change is being made!)

The New York Times Awakens to the Infrastructure Movement

NYT 3-20-16
In the five years we've been fighting pipelines, a question frequently asked by newcomers who've just learned about the infrastructure invasion is an outraged, "Why isn't the New York Times covering this?!" A good percentage of the population revers this paper as the arbiter of important issues, and reaching that audience is considered a kind of golden ring. It can be argued that the early anti-fracking movement got a huge boost from the groundbreaking series Ian Urbina wrote for the Times. Now, at long last, because of the work you all have been doing, The Gray Lady has caught on in a big way to the scope and power of the anti-infrastructure movement. We celebrate this important milestone.
First the Times published this post, detailing how the AIM pipeline increases concerns about Indian Point, complete with Governor Cuomo's announcement of an independent safety investigation, and his call for FERC to halt construction on the project. Then, on March 19th, this story portrayed the united movement that infrastructure battles around the country have become, observing, "Bound together through social media, networks of far-flung activists are opposing virtually all new oil, gas and coal infrastructure projects." 
Reporter John Schwartz catalogued infrastructure fights in Portland, Seneca Lake, and at FERC offices, quoting one advocate who said, “When we pick up the ball and run with it here in North Carolina, we’re well aware of what’s going on in Massachusetts, New York and Rhode Island,” adding, “The fight we’re doing here, it bears on what happens elsewhere—we’re all in this together."

The reporter also noted the connection the movement has made to climate change, and the push for green energy. Our own Patrick Robbins, whose press release about AIM piqued interest in the bigger picture, was also quoted: “It’s not a bridge to renewable energy—it’s a competitor."

Bill McKibben, whose recent arrest with We Are Seneca Lake advocates was highlighted in the story, called the blockade “a good scene,” noting that it was hardly an isolated action: “There’s 15 places like this around the world today,” McKibben said. “There will be 15 more tomorrow, and the day after that.”

Fall 2015 Reportback

Things are always jumping at Sane Energy Project, but this past Fall season has been particularly active, with the successful campaign against Port Ambrose in full gear, the Resist AIM campaign taking off, plus so many events, rallies and forums! Here are some highlights:

We Won Port Ambrose!

We celebrated the Port Ambrose veto with all the allies who helped defeat the proposed Liquefied Natural Gas project. It was a sweet win after an intense two-year battle that included getting the NY City Council to pass a resolution against it, innumerable hearings, community meetings, rallies, press conferences, email and postcard campaigns– plus lots of work behind the scenes to win over electeds throughout Long Island and the rest of the state. This concerted, coalition effort was rewarded when Governor Cuomo vetoed the Port on November 12th, and then in December, the Long Beach City Council presented advocates with a proclamation on behalf of the local community. Such wins are so rare and treasured that Naomi Klein invited Co-Director Patrick Robbins to write an article about the experience on her blog, 

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The campaign leading up to the defeat ran hot and heavy from Labor Day on, rallying massive turnouts–from hearings on Long Island to street performances in front of a Broadway show where Governor Cuomo held a fundraiser.

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Once the veto window opened, we started a "countdown clock" outside the Governor's office, But because of the efforts of so many, the Governor only took 4 days to come to a decision to veto it.

 Resist AIM Launched

Sane Energy Project has supported the efforts of local organizers to lead a campaign of Creative Peaceful Resistance (CPR) against the construction of the Algonquin Incremental Market (AIM) pipeline, since its approval by FERC over the objections of the  public, and the start of tree cutting. These efforts have involved hosting frontline residents at forums throughout Westchester and NYC; promoting their pledge to resist, facilitating art builds, media outreach, and organizing support teams for blockades. Co-Director, Kim Fraczek, was arrested with local advocates at the first blockade on November 9th. Because of Sane's alliances, there were even corresponding blockades using inflatables on the same day in Westchester and at the Paris COP 21 talks!

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We REVed it Up!

The statewide REV (Reforming the Energy Vision) has been a big focus for us this Fall: "Make REV R.E.A.L (Renewable, Equitable, Accountable and Local)" started with a banner for a joint Sierra Club/Sane rally, then became the clarion call for the Energy Democracy Alliance, of which Sane is a member (logo, below, courtesy of Sane's artistic powerhouse, Kim Fraczek). There was a packed house at the REV hearing at NYU on October 27th, calling on the Public Service Commission to stop supporting fracked gas and coal infrastructure and replace these polluters with offshore wind and solar.

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And there were so many other events!

We led off our new bi-weekly Sane Energy volunteer meetings with trainings for the Port Ambrose and REV hearings; we supported the Blued Trees art project; we presented the YOU ARE HERE map at Seneca Lake, we screened THIS CHANGES EVERYTHING and connected the global climate crisis to local fights with environmental justice speakers; and our Climate Rider, Lorna rode nearly 400 miles to stop climate change, and we threw her a big fun party!
(There was so much more that we can't fit in here, and that's why we encourage you to keep up with us daily on Facebook, where all the late-breaking news and events across the state are posted!) We so look forward to doing more great advocacy with you in 2016! If you would like to support the work we do, please click here!

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THIS CHANGES EVERYTHING Panel and Screening

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Action Alert: Protect These Families from the Constitution Pipeline

The holidays are considered a great time for slipping in major infrastructure projects (it's a tradition for FERC to drop 1000-page Environmental Impact Statements, or for projects to get signed off while they think no one is looking). But we're on our toes and we're keeping the pressure up on the DEC and Governor Cuomo to deny the 401 Water Quality Certificate that is the last piece of paper the builders of the Constitution Pipeline desire. If they don't get it soon the window will close on their opportunity to start clear-cutting forests (restrictions on the timing exist due to migratory bird laws).

What needs to happen?

Call, write and email the governor and the new DEC Commissioner RIGHT NOW! These next two days before New Years are crucial. Here's how to do that: CLICK HERE.

Why is this important?

Because lives and livelihoods hang in the balance. A large swatch of land and the communities in the path of this pipe will be subject to multiple harms: the pollution from compressor stations; the risks from mud slides and flooding after forests are clear cut; the destruction of clear, cold streams that are trout habitats and a foundation of the local economy, just to name a few. Perhaps the best illustrations of the issues are these personal stories, of families whose property has been taken by eminent domain for the private profit of this company.

Photos and text developed by Stop the Pipeline and People, Not Pipelines

The Hubert Family

This is Diana and Phil Hulbert and their granddaughters Rebecca, Michaela and Dakota by their home in East Meredith, New York. Diana and Phil have lived here in the northwest Catskills since 1972. This year, the Constitution Pipeline Company used eminent domain to obtain permanent easements across their property.
Here’s how Phil describes his family’s situation: “FERC (the Federal Energy Regulatory Commission) granted easements for construction of this pipeline across our property. If the pipeline is built, portions of wooded land next to our home will be clear-cut. Making matters worse, a second proposed pipeline would cross even closer to our house, taking more of our forestland. Our quality of life and that of many other New Yorkers will be forever altered during and after construction of this 124-mile-long pipeline. Where is the wisdom in turning pristine land and watersheds into permanent corridors for moving fracked gas—a nonrenewable resource—out of the country?”

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Jeff Strassenburg

This is Jeff Strassenburg and his golden retriever, Ixtapa (aka Pumpkin), in Sidney, NY. They're standing next to the solar panels that power their house and car. If built, the large-diameter "Constitution" and NED pipelines will run a few thousand feet from their home, transporting fracked gas under high pressure from Pennsylvania to Canada for export.

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Bruce Baxter

This is Bruce Baxter, one of many enterprising landowners along the route of the proposed “Constitution” pipeline. He has made a living growing Christmas trees on his property in Bainbridge, NY, for more than 30 years. He also has plans to raise trout year-round using a solar-heated aquaponics system—an endeavor that would create several permanent local jobs. The pipeline company claims it would bring seven jobs to central New York. In fact, it would take more jobs than it brings. Their pipeline would ruin Bruce’s tree-farm business and render his new trout business impossible.
“Constitution boasts that construction jobs will be created for a few short months when the pipeline is built,” says Bruce. “But no one should get a temporary job by stealing another American’s land and putting them out of business.”
The pipeline company has been granted the power of eminent domain to take Bruce's land for this fracked-gas export line.

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Dan and LJ Brignoli

This is Dan and LJ Brignoli standing on the route of the proposed “Constitution” pipeline, next to their home in Davenport, New York. If built, the pipeline would clear-cut more than 700,000 trees, including hundreds just uphill from Dan and LJ’s house. Here in the flood-prone northern Catskills, the couple has seen their road destroyed three times by raging floodwaters in the past decade. Without tree roots to hold the soil in place, the next big flood would be catastrophic.
In exchange for situations such as the Brignolis’, you’d think New York might be getting a lot of cheap gas. However, the majority of the fracked gas in this 30-inch-diameter line would travel from Pennsylvania to Canada and beyond. Even more unbelievable: The pipeline company has been awarded the right of eminent domain to take the Dan and LJ’s land for this export project.
“Eminent domain is defined as the power of government to take private property for a bona fide public need,” says Dan. “In the case of the Constitution pipeline, eminent domain is being used for corporate GREED instead of public need.”

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Alicia Pagano

This is Alicia Pagano with her daughter, Janice, on their property in Sidney, NY. The 30-inch-diameter “Constitution” gas pipeline is slated to cross the creek behind them about a quarter mile downstream. Alicia was born and raised in these foothills of the western Catskills. In her 86 years, she has lived through several “100-year” floods, including three in the past decade alone. 
"Water is a powerful thing," she says. "With every flood, Carrs Creek transforms from a quiet stream to a raging torrent. It pushes heavy rocks, huge trees and anything else in its way as it careens toward the Susquehanna River. It's even taken large swaths of our land. In a competition with the creeks up here, pipelines will always lose."

Alicia and Janice

Chris and Tim Camann

This is Chris and Tim Camann with their dogs, Amelia (left) and Munchkin, at home in Sidney, New York. Nearly four years ago, the Constitution Pipeline Company informed the couple they would be installing a 2½-foot-diameter high-pressure pipeline next to their home and through their field and forestland. The company claimed it would bring cheap gas to New York and the northeast. In fact, this proposed pipeline is slated to take fracked gas from Pennsylvania through New York State to Canada for export, which will lead to higher prices here.
The company behind this scheme acquired the necessary portion of the Camanns’ land using eminent domain. Chris and Tim will still be required to pay taxes on land they can no longer use while the pipeline company profits from it for years to come.
Despite the unjust use of eminent domain and the danger of the massive pipeline, what devastates Chris and Tim most is how it will damage the woods and creek behind their home where they walk with their dogs every day. The couple has cared for their mature hillside forest for more than 25 years. Heavy machinery will clear-cut through these woods, leaving a treeless corridor at least 110-feet wide. Crews will bulldoze and excavate through the creek and its tributaries and blast through the rocky terrain of the Catskill foothills, forever degrading the forest-and-stream ecosystem.

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Blockadia Gets Real

The AIM pipeline sparks multi-state resistance.

When you think about the kind of person who would blockade a backhoe with their body, Nancy Vann might not be whom you’d picture. Mild-mannered to the point of needing frequent reminders to speak up, her fine-boned body is surgically pieced back together after a long-ago car accident that left her walking with a cane and merits a handicap-parking permit. The former financial services lawyer is a homeowner in the Reynolds Hills community near Peekskill, New York.

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This bucolic bungalow colony had been a peaceful place until the recent arrival of tree cutting equipment, brought in by Spectra Energy to clear a route for their Algonquin Incremental Market (AIM) pipeline. The pipeline path comes within fifteen feet of one of the Reynold Hills cabins and borders several of the backyards there.

Residents here have larger concerns than their own backyards: Nancy and other advocates are deeply concerned about the wider impact of the pipeline, which would cross two fault lines, the Hudson River, and on the west and east sides of the river, rail lines that carry, respectively, “bomb” oil trains and propane trains.

Compressor and pigging stations that are part of the project would spew emissions over a wide swath of residences, schools and playgrounds. The pipeline would run through New York, Connecticut, and Rhode Island to a Massachusetts hub that would connect shale gas supplies from Pennsylvania to an export facility in Nova Scotia.
The biggest worry, however, is that the high-pressure, forty-two-inch-diameter pipe would pass within one hundred and five feet of critical equipment that is part of the Indian Point nuclear facility. An accident there would devastate a wide area, including New York City.
The tree cutting taking place now at Reynolds Hill is in preparation for pipeline construction. Westchester County Executive Rob Astorino, who ran a pro-fracking campaign against Governor Andrew Cuomo in 2014, has allowed Spectra eleven months to cut trees on county parkland. Had Astorino opted to give the company twelve months, it would have triggered a legislative vote.

Reynolds Hill Resistance

Just after dawn, on Thursday, Nov. 19th, Nancy saw a tree cutting crane making its way towards her house. Realizing there was no one she could call in time to stop it, she walked outside and placed herself in the path of the cutter, under one of the larger trees. She was later joined by her local city councilwoman, and several other advocates.

According to recommendations printed on the tree cutting crane, a distance of 300 feet should be maintained between the machine and people. Nancy remained on her own property, and therefore could not be arrested, but her proximity led to a work stoppage for the day.
On Friday, the crews returned, this time with chainsaws. Eight advocates who’d signed a pledge of resistance joined the protest, including Jess Rechtshaffer, who climbed one of the trees. For unknown reasons, on this day, the tree cutting crane did not maintain a 300-foot distance to the demonstrators.
A worker operating a chain saw began cutting trees within five feet of protesters. An arborist friend, someone who is familiar with how to take down a tree, urged them away, saying it was too dangerous to remain so close. Police at the scene did not interfere with the tree cutters and moved demonstrators back to a safe distance. Recounting the incident, Nancy said, “People got killed in the Civil Rights movement; you don’t stop because you could get hurt.”
A photographer documenting the scene was struck by branches, captured on video by NBC News 4. The protest was also filmed by CBS News and Westchester's News 12, and ongoing coverage has been provided by Patch.com.
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Resist AIM

After two-years attempting to engage FERC (the Federal Energy Regulatory Commission), as well as town, county, state and federal officials, residents in Peekskill and other Westchester communities who feel that Creative Peaceful Resistance (CPR) is now their only remaining option, recently formed Resist AIM.
Resist AIM organized last week's early-morning blockade of a ware yard in Montrose, from which Spectra workers launch their daily tree-cutting activities. Nine were arrested, and all pleaded “not guilty” at their arraignment this past Friday. Like the fishermen who blockaded a New England coal ship in 2013, the advocates feel they are acting out of necessity; on the principle that their actions prevent a greater harm to the larger society. December 11th is the next court date for the Montrose 9, as they are now called, and a $10,000 legal fee must be raised (contributions may be made at the SenRG website––notate donations as “Fight AIM.”)
Like the We Are Seneca Lake (WASL) blockades, Resist AIM expects to run an extended campaign against the pipeline. The WASL model of themed blockades (mothers and grandmothers one day, faith leaders another) has been picked up by many allied groups fighting infrastructure.

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Opposition is fierce throughout New England

The Westchester groups are only the latest to join a resistance that has already been active along the route of the AIM pipeline. To date, there have been sixty-seven arrests in the regional fight against Spectra. Groups such as SWRL (Stop the West Roxbury Lateral) in Massachusetts, CVC (Capitalism Vs. The Climate) in Connecticut; BASE (Burrillville Against Spectra Expansion) and FANG (Fighting Against Natural Gas) in Rhode Island, have dogged Spectra for more than a year. CVC member Bernardo McLaughlin locked down to Spectra equipment at the Chaplin, CT compressor station on November 16th, delaying construction for three hours. And as of November 14th, Spectra has halted construction on the Roxbury Lateral until at least next spring, moving SWRL members to call for its members to support other Spectra fighters.
Like the Westchester groups, FANG started out leading letter writing campaigns and visiting elected officials, before launching a direct action campaign. FANG Member, Sherrie Andre, was arrested last May for a tree sit to block expansion of the Burrillville compressor station. A large-scale mobilization is planned in Rhode Island for December 4th and 5th.
Mutual support among pipeline fighters is spreading along the eastern seaboard: FANG Northeast is networked not only with Westchester groups and the Northeast Pipeline Alliance, but with groups in Maryland, Pennsylvania and Tennessee. BXE (Beyond Extreme Energy), the DC-based group that most recently organized a hunger strike in front of FERC offices, is supporting the AIM resistance and other front-line community efforts. And mainstream organizations such as New England chapters of the Sierra Club and 350 are joining the battle against pipelines as well.

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The Empire Strikes Back

But homeowners and advocates aren’t the only ones turning up the heat: Dirty energy companies––finding themselves blocked at multiple points along a given project––have taken to claiming restitution, such as the $30,000 fine imposed on three FANG members after a lock down halted work crews for three hours this past September. (FANG’s legal fund can be found at their website.)
Pipeline builders often make "donations" to local police, fire and civic organizations, by way of engendering support for their projects. Rumor has it that Spectra has been making payments to the local Peekskill police force. Westchester and Peekskill police have been stationed at both ends of the Spectra construction area at Reynolds Hills since tree clearing began, with nighttime search lights so bright it is difficult for drivers to see the road. Last weekend, one officer appeared on private property, apparently "checking on" a community meeting. Senior Peekskill police at the scene promised that there would be no further incidents of that type. While it is proper that officers enforce laws that protect property, the question is whether the presence of a high-spending corporation affects the protection of free speech and assembly by law-abiding citizens.

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Whether such harassment tactics are abandoned could depend on how the public responds. Recent media coverage has brought plentiful negative publicity to Spectra for pursuing actions against ordinary citizens defending their homes. The builders’ tactic of eminent domain is highly unpopular, especially among conservatives.

Adding to Spectra's woes is the recent study released last week by Massachusetts Attorney General Maura Healy, which found there is no need for additional gas pipelines, and that less expensive, less carbon-intensive options–especially efficiency measures–would be more effective in ensuring energy reliability. The study contradicts builders’ claims that the pipe would bring cheap energy to New England and lays bare their ambitions to use the line to reach export terminals further north.

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Where are we now?

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This is a turning point. As awareness builds, and having been burned by a gamed system run by industry-friendly agencies such as FERC, citizens are losing patience working within regulatory boundaries. Like Nancy Vann, people who never considered it before feel compelled to offer a direct response.

Earlier human rights struggles moved society from a place where oppressive behaviors and policies were accepted and commonplace, to being looked upon as barbaric. Women, minorities and LGTB community members were once legally and socially ostracized as lesser human beings, a concept that civilized society now rejects. How then can it be acceptable to treat those who live near where energy is extracted, stored, or transported as collateral damage in the service of perpetuating the use of climate-destroying fossils fuels?

In the context of a world that has already warmed one degree, allowing the continued harms to human health, the taking of private property, and the harassment of resisters is not only barbaric, but insanely self-destructive. People like Nancy Vann and other advocates who engage in peaceful resistance against dirty energy are–like the suffragettes, civil rights marchers, and Act Up leaders–a vanguard of ordinary people caught in an historical moment not of their own making, who nonetheless stand up for their inherent rights, and push to change the whole of society for the better.

 

Reynolds Hills photos courtesy of Erik McGregor

#SpeakUpChuck! Stop the AIM Pipeline Expansion

Stop the AIM PipelineOn July 13th 2015, a large community of residents showed up, with an appointment, to Senator Charles Schumer's Peekskill office to deliver almost 24,000 petition signatures to stop Spectra Energy's Algonquin Interconnect Market Pipeline (AIM). Along with the petition signatures, the community invited Senator Schumer to attend Wednesday afternoon's Nuclear Regulatory Commission (NRC) hearing where Nuclear expert Paul Blanche will speak about the danger of the proximity of a high pressure gas pipeline adjacent to the aging nuclear power plant, Indian Point. To add insult to injury, Spectra Energy proposes to the expansion project to transverse the Hudson River and travel near two fault lines. This puts the lives of not only local residents in danger, but the entire region which exceeds 20 million people.

Senator Schumer and his aides, left for the day before the scheduled appointment, and left residents outside to speak to the press: LHV_07-13-2015_AlgonquinPipeline_LC_10PM.mov.
Residents decided to take action and walk into the office to deliver the petitions and the invitation to 2 young interns at the front desk who were left after Senator Schumer and aides decided to not be present at the office. The interns took detailed notes of our concerns, accepted the petition signature and invitation to the NRC hearing.
After the action, the Sane Energy team joined local families to go to the site, just feet away from their homes. The community is surrounded by old growth trees, medicinal herbs, and raspberries that burst in your mouth with sweet-tart flavor. We documented a few of the residents with the YOU ARE HERE map pin to feature on the interactive online map of fracking infrastructure in New York. Visit www.youarehereNYmap.org to see the extent of fracking infrastructure in New York State. We will soon be working with our neighboring states to expand the map.
We MUST stop this pipeline.

Dr. Courtney Williams, local cancer researcher, mom and advocate to shut down the pipeline, lives 450 feet away from the proposed site.

We wanted to be sure Chuck Schumer didn't miss our invitation to the NRC hearing on Wednesday where nuclear expert, Paul Blanche will testify against the AIM pipeline proposal near the aging Indian Point.

The traveling 50 foot banner "The United States of Fracking" showed up to show how the AIM pipeline is one piece in a poisonous web plaguing several nations.

After residents heard that Schumer and aides left the office before the scheduled appointment, they decided to take action, enter the building and speak with the young interns that Schumer's aides left to man the office.

Young interns, left to deal with meeting a concerned public after Schumer's aides decided to skip the scheduled meeting at 4pm on a Monday afternoon.

Fresh, delicious raspberries growing near the proposed pipeline

A few of the people who live 450 feet from the proposed pipeline.

Dr. Susan Rubin shows us the medicinal herbs that will be destroyed for the pipeline. This here is a remedy for Poison Ivy.

FERC Review of NED Pipeline Begins

Scoping meetings for the 5-state NED (Northeast Energy Direct) pipeline by Kinder Morgan/TGP have been announced. These are the first of several more hearings that will take place over the course of the review. Click here for dates, locations and suggestions for filing comments at this stage of the review.  To view an interactive map of this pipeline please click here. For more information about the project click here. For information about the track record of the builder and the reviewing agency, click here.  For an overview of other proposed shale gas projects in New York State, click here. SS constitution