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Basically, Donald Trump’s Border Wall Already Exists

Mother Jones

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This story first appeared on the TomDispatch website.

At the federal courthouse, Ignacio Sarabia asks the magistrate judge, Jacqueline Rateau, if he may explain why he crossed the international boundary between the two countries without authorization. He has already pleaded guilty to the federal misdemeanor commonly known as “illegal entry” and is about to receive a prison sentence. On either side of him are eight men in the same predicament, all still sunburned, all in the same ripped, soiled clothes they were wearing when arrested in the Arizona desert by agents of the US Border Patrol.

Once again, the zero tolerance border enforcement program known as Operation Streamline has unfolded just as it always does here in Tucson, Arizona. So far today, close to 60 people have already approached the judge in groups of seven or eight, their heads bowed submissively, their bodies weighed down by shackles and chains around wrists, waists, and ankles. The judge hands out the requisite prison sentences in quick succession—180 days, 60 days, 90 days, 30 days.

On and on it goes, day in, day out. Like so many meals served in fast-food restaurants, 750,000 sentences of this sort have been handed down since Operation Streamline was launched in 2005. This mass prosecution of undocumented border crossers has become so much the norm that one report concluded it is now a “driving force in mass incarceration” in the United States. Yet it is but a single program among many overseen by the massive US border enforcement and incarceration regime that has developed during the last two decades—particularly in the post-9/11 era.

Sarabia takes a half-step forward. “My infant is four months old,” he tells the judge in Spanish. The baby was, he assures her, born with a heart condition and is a US citizen. They have no option but to operate. This is the reason, he says, that “I’m here before you.” He pauses.

“I want to be with my child, who is in the United States.”

It’s clear that Sarabia would like to gesture emphatically as he speaks, but that’s difficult, thanks to the shackles that constrain him. Rateau fills her coffee cup as she waits for his comments to be translated into English.

In April 2016, Republican presidential candidate Donald Trump, still in the heat of his primary campaign, stated once again that he would build a massive concrete border wall towering 30 (or, depending on the moment, 55) feet high along the 2,000 mile US-Mexican border. He would, he insisted, force Mexico to pay for the $8 billion to $10 billion barrier. Repeatedly throwing such red meat into the gaping jaws of nativism, he has over these past months also announced that he would create a major “deportation force,” repeatedly sworn that he would ban Muslims from entering the country (a position he regularly revises) and, most recently, that he would institute an “extreme vetting” process for foreign nationals arriving in the United States.

Back in June 2015, when Trump first rode a Trump Tower escalator into the presidential campaign, among his initial promises was the building of a “great” and “beautiful” wall on the border. (“And no one builds walls better than me, believe me. I will do it very inexpensively. I will have Mexico pay for that wall.”) As he pulled that promise out of a hat with a magician’s flair, the actual history of the border disappeared. From then on in Election 2016, there was just empty desert and Donald Trump.

Suddenly, there hadn’t been a bipartisan government effort over the last quarter-century to put in place an unprecedented array of walls, detection systems, and guards for that southern border. In those years, the number of Border Patrol agents had, in fact, quintupled from 4,000 to more than 21,000, while Customs and Border Protection became the largest federal law enforcement agency in the country with more than 60,000 agents. The annual budget for border and immigration enforcement ballooned from $1.5 billion to $19.5 billion, a more than twelvefold increase. By 2016, federal funding of border and immigration enforcement added up to $5 billion more than funding for all other federal law enforcement agencies combined.

Operation Streamline, a cornerstone program in the so-called Consequence Delivery System, part of a broader Border Patrol deterrence strategy for stopping undocumented immigration, is just one part of a vast enforcement-incarceration-deportation machine. The program is as no-nonsense as its name suggests. It’s not The Wall, but it embodies the logic of the wall: Either you crossed “illegally” or you didn’t. It doesn’t matter why, or whether you lost your job, or if you’ve had to skip meals to feed your kids. It doesn’t matter if your house was flooded or the drought dried up your fields. It doesn’t matter if you’re running for your life from drug cartel gunmen or the very army and police forces that are supposed to protect you.

This system was what Ignacio Sarabia faced a few months ago in a Tucson courtroom a mere seven blocks from where I live.

Before I tell you how the judge responded to his plea, it’s important to understand Sarabia’s journey, and that of so many thousands like him who end up in this federal courthouse day after day. As he pleads to be with his newborn son, his voice cracking with emotion, his story catches the already Trumpian style of border enforcement—both the pain and suffering it has caused, and the strategy and massive buildup behind it—in ways that the campaign rhetoric of both parties and the reporting on it doesn’t. As reporters chase their tails attempting to explain Trump’s wild and often unfounded claims and declarations, the on-the-ground border reality goes unreported. Indeed, one of the greatest “secrets” of the 2016 campaign (though it should be common knowledge) is that the border wall already exists. It has existed for years, and the fingerprints all over it aren’t Donald Trump’s but those of Bill and Hillary Clinton.

Twenty-one years before Trump’s wall-building promise (and seven years before the 9/11 attacks), the US Army Corps of Engineers began to replace the chain link fence that separated Nogales, Sonora (in Mexico) from Nogales, Arizona, with a wall built of rusty landing mats from the Vietnam and Persian Gulf wars. Although there had been various half-hearted attempts at building border walls throughout the 20th century, this was the first true effort to build a barrier of what might now be called Trumpian magnitude.

That rusty, towering wall snaked through the hills and canyons of northern Sonora and southern Arizona, forever deranging a world that, given cross-border familial and community ties, then considered itself one. At the time, who could have known that the strategy the first wall embodied would remain the model for today’s massive system of exclusion.

In 1994, the perceived threat wasn’t terrorism. In part, the call for more hardened, militarized borders came in response, among other things, to a never-ending drug war. It also came from US officials who anticipated the displacement of millions of Mexicans after the implementation of the new North American Free Trade Agreement (NAFTA), which, ironically, was aimed at eliminating barriers to trade and investment across North America.

The expectations of those officials proved well justified. The ensuing upheavals in Mexico, as analyst Marco Antonio Velázquez Navarrete explained to me, were like the aftermath of a war or natural disaster. Small farmers couldn’t compete against highly subsidized US agribusiness giants like Cargill and Archer Daniels Midland. Mexican small-business owners were bankrupted by the likes of Walmart, Sam’s Club, and other corporate powers. Mining by foreign companies extended across vast swaths of Mexico, causing territorial conflicts and poisoning the land. The unprecedented and desperate migration that followed came up against what might be considered the other side of the Clinton doctrine of open trade: walls, increased border agents, increased patrolling, and new surveillance technologies meant to cut off traditional crossing spots in urban areas like El Paso, San Diego, Brownsville, and Nogales.

“This administration has taken a strong stand to stiffen the protection of our borders,” President Bill Clinton said in 1996. “We are increasing border controls by 50 percent.”

Over the next 20 years, that border apparatus would expand immensely in terms of personnel, resources, and geographic reach, but the central strategy of the 1990s (“Prevention Through Deterrence“) remained the same. The ever-increasing border policing and militarization funneled desperate migrants into remote locations like the Arizona desert, where temperatures can soar to 120 degrees in the summer.

The first US border strategy memorandum in 1994 predicted the tragic future we now have: “Illegal entrants crossing through remote, uninhabited expanses of land and sea along the border can find themselves in mortal danger.”

Twenty years later, more than 6,000 remains have been found in the desert borderlands of the United States. Hundreds of families continue to search for disappeared loved ones. The Colibri Center for Human Rights has records for more than 2,500 missing people last seen crossing the US-Mexico border. In other words, that border has become a graveyard of bones and sadness.

Despite all the attention given to the wall and the border this election season, neither the Trump nor Clinton campaigns have mentioned “Prevention Through Deterrence,” nor the subsequent border deaths. Not once. The same goes for the establishment media that can’t stop talking about Trump’s wall. There has been little or no mention of what border groups have long called a “humanitarian crisis” of deaths that have increased fivefold over the last decade, thanks, in part, to a wall that already exists. (If the dead were Canadians or Europeans, attention would, of course, be paid.)

Although wall construction began during Bill Clinton’s administration, the Department of Homeland Security (DHS) built most of the approximately 700 miles of fencing after the Secure Fence Act of 2006 was passed. Sen. Hillary Clinton voted in favor of that Republican-introduced bill, as did 26 other Democrats. “I voted numerous times when I was a senator to spend money to build a barrier to try to prevent illegal immigrants from coming in,” she commented at one 2015 campaign event, “and I do think you have to control your borders.”

The wall-building project was expected to be so environmentally destructive that then Homeland Security chief Michael Chertoff waived 37 environmental and cultural laws in the name of national security. In this way, he allowed Border Patrol bulldozers to desecrate protected wilderness and sacred land. “Imagine a bulldozer parking in your family graveyard, turning up bones,” Chairman Ned Norris, Jr. of the Tohono O’odham Nation (a tribe whose original land was cut in half by the border) told Congress in 2008. “This is our reality.”

With a price tag of, on average, $4 million a mile, these walls, barriers, and fences have proved to be one of the costliest border infrastructure projects undertaken by the United States. For private border contractors, on the other hand, it’s the gift that just keeps on giving. In 2011, for example, the DHS granted Kellogg, Brown, and Root, a subsidiary of Halliburton (one of our “warrior corporations“), a $24 million upkeep contract.

In Tucson in early August, Republican vice presidential candidate Mike Pence looked out over a sea of red “Make America Great Again” caps and T-shirts and said, “We will secure our border. Donald Trump will build that wall.” Pence was met with roaring applause, even though his statement made no sense at all.

Should Trump actually win, how could he build something that already exists? For all practical purposes, the “Great Wall” that Trump talks about may, by January 2017, be as antiquated as the Great Wall of China given the new high-tech surveillance methods now coming on the market. These are being developed in a major way and on a regular basis by a booming border techno-surveillance industry.

The 21st-century border is no longer just about walls—it’s about biometrics and drones. It’s about a “layered approach to national security,” given that, as former Border Patrol chief Mike Fisher has put it, “the international boundary is no longer the first or last line of defense, but one of many.” Hillary Clinton’s promise of “comprehensive immigration reform”—to be introduced within her first 100 days in office—is a much more reliable guide to our grim immigration future than is Trump’s wall. If her bill follows the pattern of previous ones, as it surely will, an increasingly weaponized, privatized, high-tech, layered border regime, increasingly dangerous to future Ignacio Sarabias, will continue to be a priority of the federal government.

On the surface, there are important differences between the two candidates’ immigration platforms. Trump’s wildly xenophobic comments and declarations are well known, and Clinton claims that she will, among other things, fight for family unity for those forcibly separated by deportation and enact “humane” immigration enforcement. Yet deep down, their policies are far more similar than they might at first appear.

That April day, only one bit of information about Ignacio Sarabia’s border crossing to reunite with his wife and newborn child was available at the Tucson federal courthouse: He had entered the United States “near Nogales.” Most likely he circumvented the wall first started during the Clinton administration, as most immigrants do, by making his way through the potentially treacherous canyons that surround that border town.

If his experience was typical, he probably didn’t have enough water or food and suffered some physical woe like large, painful blisters on his feet. Certainly, he wasn’t atypical in trying to reunite with loved ones: More than 2.5 million people have been expelled from the country by the Obama administration, an average annual deportation rate of close to 400,000. This was, by the way, only possible thanks to laws signed by Bill Clinton in 1996 and meant to burnish his legacy. They vastly expanded the government’s deportation powers.

In 2013 alone, Immigration and Customs Enforcement carried out 72,000 deportations of parents who said their children were American-born. And many of them are likely to try to cross that dangerous southern border again to reunite with their families.

The enforcement landscape Sarabia faced has changed drastically since that first wall was built in 1994. The post-9/11 border is now both a war zone and a showcase for corporate surveillance. It represents, according to Border Patrol agent Felix Chavez, an “unprecedented deployment of resources,” any of which could have led to Sarabia’s capture. It could have been one of the hundreds of remote video or mobile surveillance systems, or one of the more than 12,000 implanted motion sensors that set off alarms in hidden operational control rooms where agents stare into large monitors.

It could have been the spy towers made by the Israeli company Elbit Systems that spotted him, or Predator B drones built by General Atomics, or VADER radar systems manufactured by the defense giant Northrup Grumman, which like so many similar technologies have been transported from the battlefields of Afghanistan and Iraq to the US-Mexico border.

If the comprehensive immigration reform Hillary Clinton pledges to introduce as president is based on the existing bipartisan Senate package, then this corporate-enforcement landscape will be significantly bolstered and reinforced. There will be 19,000 more Border Patrol agents roving around “border enforcement jurisdictions” that extend up to 100 miles inland. More F-150 trucks and all-terrain vehicles will rumble through and, at times, tear up the desert. There will be more Blackhawk helicopters, flying low, their propellers dusting groups of scattering migrants, many of them already lost in the vast, parched desert.

If such a package passes the next Congress, up to $46 billion could be slated to go into more of all of this, including funding for hundreds of miles of new walls. Corporate vendors are salivating at the thought of such a future and in a visible state of elation at homeland security trade shows across the globe.

The 2013 bill that passed in the Senate but failed in the House also included a process of legalization for the millions of undocumented people living in the United States. It maintained programs that will grant legal residence for children who came to the United States at a young age, along with their parents. Odds are that a comprehensive reform bill in a Clinton presidency would be similar.

Included in that bill was funding to bolster Operation Streamline. The Evo A. DeConcini Federal Courthouse in Tucson would have the capacity to prosecute triple the number of people it deals with at present.

After taking a sip from her coffee and listening to the translation of Ignacio Sarabia’s comments, the magistrate judge looks at him and says she’s sorry for his predicament.

Personally, I’m mesmerized by his story as I sit on a wooden bench at the back of the court. I have a child the same age as his son. I can’t imagine his predicament. Not once while he talks does it leave my mind that my child might even have the same birthday as his.

The judge then looks directly at Sarabia and tells him that he can’t just come here “illegally,” that he has to find a “legal way”—highly unlikely, given the criminal conviction that will now be on his record. “Your son, when he gets better, and his mother,” she says, “can visit you where you are in Mexico.”

“Otherwise,” the judge adds, he’ll be “visiting you in prison.” And that’s not exactly, she points out, an appealing scenario: seeing your father in a prison where he will be “locked away for a very long time.”

She then sentences the nine men standing side by side in front of her to prison stints ranging from 60 to 180 days for the crime of crossing an international border without proper documents. Sarabia receives 60 days.

Next, armed guards from G4S—the private contractor that once employed Omar Mateen (the Pulse nightclub killer) and has a lucrative quarter-billion-dollar border contract with Customs and Border Protection—will transport the shackled men to a Corrections Corporation of America private prison in Florence, Arizona. There, behind layers of coiled razor wire, Sarabia will have time to think about his sick child while the CCA collects $124 per day for incarcerating the father.

Donald Trump’s United States doesn’t await his presidency. It’s already laid out before us. And one place it’s happening every single day is in Tucson, only seven blocks from my house.

Todd Miller is the author of Border Patrol Nation: Dispatches From the Front Lines of Homeland Security. You can follow him on Twitter @memomiller.

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Basically, Donald Trump’s Border Wall Already Exists

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Obama designates world’s largest protected area — it’s underwater

Obama designates world’s largest protected area — it’s underwater

By on Aug 26, 2016Share

President Obama, who marked the 100th anniversary of the National Park Service by designating a whole new land monument in Maine, is giving oceans some love, too.

On Friday, he expanded the Northwestern Hawaiian Islands Marine National Monument, also known as Papahānaumokuākea, to 582,578 square miles. At nearly three-and-a-half times the size of California, the monument is now the world’s largest protected area.

Papahānaumokuākea encompasses 10 islands and atolls of the Northwestern Hawaiian Islands, and the Hawaiian Islands National Wildlife Refuge, which supports over 7,000 species — a quarter of which are unique to Hawaii.

Native Hawaiians urged for the monument’s expansion back in January and consider the place a “the boundary between Ao, the world of light and the living, and Pō, the world of the gods and spirits from which all life is born and to which ancestors return after death,” according to the White House.

Protecting this area means it will be closed for the extraction of oil, gas, minerals, and other energy development. You can learn more about it from this video by Pew:

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Obama designates world’s largest protected area — it’s underwater

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Greens won’t let Obama get away with bragging about his public lands record

line of lease resistance

Greens won’t let Obama get away with bragging about his public lands record

By on Aug 25, 2016Share

President Obama may have protected more land and water than any other U.S. president — 265 million acres of it — but he’s also responsible for leasing more than 10 million acres of federal lands for oil and gas development.

WildEarth Guardians and Physicians for Social Responsibility plan to push his environmental limits even further. On Thursday, the groups filed a lawsuit against the Department of the Interior and the Bureau of Land Management, in the hope that his (or the next) administration will halt oil and gas federal leases while reviewing systemwide reform. Interior’s coal leasing program is undergoing a similar review.

The latest in a string of lawsuits to curtail federal oil and gas leasing, the groups are looking to block 397 lease sales across 380,000 acres. They claim the federal government is violating the 1970 National Environmental Policy Act, which requires federal agencies to consider environmental impacts.

2016 analysis from the Stockholm Environment Institute found that cutting off future lease sales and declining to renew existing ones for coal, oil, and gas would reduce global carbon pollution by 100 million metric tons annually by 2030.

In other words, fossil fuel development on federal lands isn’t an insignificant portion of U.S. climate emissions. The 10 million acres leased to fossil fuels under Obama’s watch adds up to an area bigger than Olympic, Smoky Mountains, Everglades, Yellowstone, Grand Canyon, and Yosemite, combined.

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Greens won’t let Obama get away with bragging about his public lands record

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Severe drought in India pushed thousands of farmers to suicide

Severe drought in India pushed thousands of farmers to suicide

By on Aug 25, 2016Share

A severe drought in India has caused a spike in farmer suicides. These suicides increased 40 percent between 2014 and 2015, according to government statistics. In those two years monsoon rains were weak, reservoirs dried up, and crops died in the inland west of the country.

What’s causing this?

A columnist for CNN’s website, John Sutter, lays the blame at the foot of climate change. “By burning fossil fuels and chopping down rainforests, we humans are destabilizing the climate. That has life-changing consequences for all of us,” he wrote.

Several Indian sources also blame the adoption of cash crops, like sugarcane, which depend on lots of water and can fail catastrophically during droughts. The government has recently encouraged farmers to shift back to food crops.

Raising cash crops has often helped lift small farmers out of poverty. But the risk is that farmers often go deep into debt betting on a good harvest. And when the weather turns against them, it can dash the hopes of entire families, leading more farmers to kill themselves.

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Severe drought in India pushed thousands of farmers to suicide

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Obama creates whole new national monument to celebrate National Park System’s 100th birthday

Parks and recreation

Obama creates whole new national monument to celebrate National Park System’s 100th birthday

By on Aug 24, 2016Share

President Obama marked the 100th anniversary of the founding of the National Park Service a day early by protecting 87,500 acres in north-central Maine on Wednesday.

The Katahdin Woods and Waters National Monument, as the new preserve will be known, encompasses the East Branch of the Penobscot River as well as a vast swath of woods rich in biodiversity. The area is a popular site for outdoor recreation, and, according to a statement from the White House, the new monument will bolster “the forest’s resilience against the impacts of climate change.”

It doesn’t hurt that the place looks pretty damn nice:

Obama has now protected 265 million acres of America’s public lands and waters, more than any other president in history (though he’s also also criticized for contradictory policies like allowing offshore drilling to continue). As it goes with anything Obama does, this declaration is not without critics: Some locals, including Maine Rep. Bruce Poliquin, opposed a “unilateral” executive action on the basis of giving locals more control to do as they please with the lands.

Much of the land for this new monument wasn’t owned by locals, but by Burt’s Bees founder Roxanne Quimby, who transferred 87,000 of 120,000 acres of Maine forest to the U.S. Department of the Interior Monday.

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Obama creates whole new national monument to celebrate National Park System’s 100th birthday

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Antarctica is about to lose a chunk of ice the size of Delaware

the biggest loser

Antarctica is about to lose a chunk of ice the size of Delaware

By on Aug 24, 2016Share

This story was originally published by Huffington Post and is reproduced here as part of the Climate Desk collaboration.

A massive crack in one of Antarctica’s largest ice shelves has grown exponentially in recent months, and scientists worry a break-off could destabilize the entire structure.

For two years, United Kingdom-based Project MIDAS has been monitoring a large rift in the Larsen C ice shelf, located on the northern end of the Antarctic peninsula. And if the project’s latest findings are any indication, Larsen C could be headed for a similar fate as nearby Larsen A and Larsen B, which collapsed and disintegrated in 1995 and 2002, respectively.

Since March, the last time satellites were able to observe Larsen C, Project MIDAS said the crack has extended nearly 14 miles ― about three miles per month.

“As this rift continues to extend, it will eventually cause a large section of the ice shelf to break away as an iceberg,” according to the report.

Now, measuring some 80 miles in length, the crack could ultimately dislodge a chunk of ice the size of Delaware, The Washington Post reports.

At 21,000 square miles, Larsen C is the largest ice shelf in the region, according to a 2015 report. In recent years, however, what was once a small fracture has rapidly moved through the frozen structure, widening to more than 1,000 feet. The crack, scientists wrote in last year’s report, “is likely in the near future to generate the largest calving event since the 1980s and result in a new minimum area for the ice shelf.”

Project MIDAS previously estimated the breakaway would remove between 9 and 12 percent of the ice shelf.

“The trajectory of the rift now implies that the higher of these two estimates is more likely,” the MIDAS team wrote in its post last week. “Computer modeling suggests that the remaining ice could become unstable, and that Larsen C may follow the example of its neighbor Larsen B, which disintegrated in 2002 following a similar rift-induced calving event.”

In 2014, more than a decade after its collapse, scientists determined the event was triggered by warming air temperatures.

Since ice shelves float on the ocean’s surface, the calving event wouldn’t immediately raise sea levels. An event of this scale, however, could destabilize the entire shelf, resulting in its disintegration and the release of the glacier ice it holds back ― ultimately raising sea levels.

As for when the iceberg will make its break, that’s hard to say, Martin O’Leary, a glaciologist at Swansea University in the United Kingdom, told The Washington Post.

It’s a lot like predicting an earthquake ― exact timings are hard to come by,” he told the Post. “Probably not tomorrow, probably not more than a few years.”

When it does, it could spark a vanishing act that resembles what happened at Larsen B, which NASA highlights in the video below:

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Antarctica is about to lose a chunk of ice the size of Delaware

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Climate activists arrested while protesting offshore drilling

Climate activists arrested while protesting offshore drilling

By on Aug 24, 2016Share

Four activists were arrested Tuesday in Louisiana for refusing to leave the Bureau of Ocean Energy Management office, the agency responsible for selling offshore drilling rights.

The activists were part of a group petitioning to end all new drilling in the Gulf of Mexico, including the auction of 23.5 million acres in federal waters off the coast of Texas scheduled this week in the New Orleans Superdome. For the first time, the Bureau of Ocean Energy Management will close the auction to to the public and stream it live online to prevent disruption from protestors.

The activists delivered a petition with  184,000 signatures, according to the Associated Press, and demanded to meet with President Obama, who was in Baton Rouge touring damage from the worst disaster in the U.S. since Hurricane Sandy.

“In the midst of a climate-fueled disaster, which will most gravely impact those already marginalized in our society, moving forward with this auction is a terrible idea,” wrote the activist group Bold Louisiana in a statement. “Selling fossil fuels at the New Orleans Superdome — the site of one of the most visible and tragic instances of climate injustice in recent memory — is nothing short of insulting.”

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Climate activists arrested while protesting offshore drilling

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There’s a new mega-pipeline in town. Here’s why it has so many protesters in the trenches.

Dakota Access

There’s a new mega-pipeline in town. Here’s why it has so many protesters in the trenches.

By on Aug 24, 2016Share

Update: Judge James E. Boasberg of the United States District Court for the District of Columbia announced on Wednesday afternoon that he would postpone his decision on the Dakota Access Pipeline until September 9, to allow time for further consideration. 

By the end of the year, there will be a new 1,172-mile oil pipeline snaking its way across the Midwest. That is, unless a Native American tribe wins its case that the Army Corps of Engineers failed its due diligence to consider violations to laws like the Clean Water Act and the National Historic Preservation Act.

On Wednesday, August 24, it will be up to a federal court in Washington, D.C. to effectively determine the pipeline’s fate.

Whether you’ve been following closely or this is your first time hearing about one of the biggest battles since Keystone XL, here’s what you need to know:

What is the fuss in court over?

The Dakota Access pipeline (DAPL) would carry 570,000 barrels of oil per day from the Bakken region of northwest North Dakota to a refinery in Illinois. There, the oil would be refined and sent to markets along the East Coast and down to the Gulf of Mexico.

The Army Corps of Engineers gave DAPL permission to build in late July, despite pending lawsuits and active local resistance. One of those lawsuits, filed in federal court by the Standing Rock Sioux tribes against the Army Corps of Engineers, is the one being heard in federal court in Washington, D.C. on Wednesday.

The suit claims the pipeline will cause “irreparable” damage to sacred lands at the confluence of the Cannonball and Missouri Rivers. “Industrial development of that site for the crude oil pipeline has a high potential to destroy sites eligible for listing in the National Register,” according to the lawsuit. It further alleges that Dakota Access LLC failed its responsibility to adequately consult with tribes before construction, in violation of the National Historic Preservation Act. The Missouri River (Standing Rock’s only water source) and “water” itself is of vital cultural importance, the suit adds.

If the court rules in the tribe’s favor, stop-work orders will be issued on construction all along the route.

Who is unhappy?

DAPL’s route crosses agricultural land, protected wildlife habitats, and three major rivers: the Missouri, the Mississippi, and the Big Sioux.

This has a lot of different interests on edge and in the trenches.

Faced with eminent domain, property owners in Iowa are fighting their own legal battle. Nine landowners requested an emergency stop to pipeline construction on the grounds that the Iowa Utilities Board, which granted Dakota Access its construction permits, had done so outside of its jurisdiction. (The board’s application of eminent domain, they argued, would only be legal if Dakota Access were a public utility.)

That legal battle isn’t going so well: On Monday, a district court denied the emergency stop, reports the Des Moines Register.

The pipeline is also bad news for the Standing Rock Lakota, Dakota, and Nakota Nations, for whom Missouri River is a sole source of water on the prairie and who worry that construction will disrupt certain historical sites.

What are the stakes for the environment?

Pipelines, as we know, spill. One of DAPL’s stakeholders, Enbridge Energy, was responsible for one of the worst, preventable oil spills on land in recent memory: more than 1 million gallons in the Kalamazoo River in Michigan.

For climate change activists like Bill McKibben, stopping DAPL construction is another major battle in their campaign to keep fossil fuels in the ground. DAPL, as Mother Jones notes, is just seven miles shorter than the defeated Keystone XL pipeline.

What are protesters doing about it?

An hour south of Bismarck, protesters have gathered since April near Cannon Ball, N.D., where Dakota Access plans to lay pipe under the Missouri River. In recent weeks, the ranks of protests swelled from several dozen to more than 800.

The heavily-policed scene has not been without incident. More than 20 people have been arrested in the last few weeks, and a roadblock guarded by state police established on Highway 1806, which leads to the protest site and the Standing Rock reservation.

Officials pulled state emergency resources like water and trailers from the protest camp on Monday, after the Morton County Sheriff’s Department claimed officers had been threatened with physical violence and pipe bombs (an allegation that protest organizers adamantly denied to Grist and other outlets).

What’s next?

At the protest site, hundreds of protesters plan to continue to occupy the area near Dakota Access’s entry point into the Missouri. Regardless of the outcome of Wednesday’s court date, activists have no plans to back down, organizer Tara Houska told Grist in a phone call last Friday.

“I think it goes without saying that the camp is committed to not have the pipeline put under the river,” she said.

If Standing Rock prevails in D.C. court on Wednesday, construction will halt across the pipeline’s multi-state path, pending more rigorous tribal consultations. The Army Corps of Engineers may also be required to conduct an environmental impact assessment for the pipeline as a whole.

This court battle is one of protesters’ last, best hopes for halting DAPL’s start date. They plan on making a whole lot of noise on Wednesday, and in coming weeks, to make sure they’re heard.

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There’s a new mega-pipeline in town. Here’s why it has so many protesters in the trenches.

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Soda tax might be working better than expected

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Soda tax might be working better than expected

By on Aug 23, 2016Share

Can soda taxes actually get people to cut back on an unhealthy habit, or do they just keep on drinking while handing money over to the government? The answer matters to the handful of cities that have or are considering a soda tax. A new study on Berkeley’s tax on sugary beverages is good news for supporters of the strategy: Researchers found a 21 percent decline in soda drinking in low-income neighborhoods.

That’s huge. A similar tax in Mexico led to a 12 percent decline, and another in France reduced consumption by 7 percent.

Why is Berkeley’s soda tax, which started in March 2015, so different? Residents could be more sensitive to price increases, or influenced by the anti-soda campaign. As this was based on pre- and post-tax interviews, it’s also possible that people fudged their answers to sound healthier. Anyone who has ever been to the dentist knows the powerful urge to lie about flossing habits.

But the researchers also interviewed people in the nearby cities of Oakland and San Fransisco and those residents said they were drinking more soda. The Berkeley residents also reported drinking more water, suggesting a healthy substitution of beverages.

Sugary beverages (SSBs) and water consumption in Berkeley and comparison cities (Oakland and San Francisco).

It would be great if someone could back this survey with hard data showing a decline in sales. Still, this is the best evidence yet on soda tax efficacy in a U.S. city.

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Soda tax might be working better than expected

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Can Future Global Warming Matter Today?

Scientists studying past and current climate conditions mull the challenges in making future warming matter today. Originally posted here:   Can Future Global Warming Matter Today? ; ; ;

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Can Future Global Warming Matter Today?

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