A good part of the reason I started blogging was because I went to a history conference at a UT branch up between Dallas and Fort Worth and found that, contrary to belief, many well known academic historians have found community history projects to be invaluable because of their focus and details. Photos rated high. Photos with details rate high. Interviews with participants in events rated high. Interviews with older people rated high if you cover their experience and perspective.
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The last place you will hear about the new American labor movement is in big American outlets.

Via lambert, via susie. See them, their blogrolls, Twitter hash tag #1u and just about any other outlet where citizens can get the word out.

The Coalition of Immokalee Workers (CIW)

The CIW is a community-based organization of mainly Latino, Mayan Indian and Haitian immigrants working in low-wage jobs throughout the state of Florida. Via.


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Commissioners pipeline meeting: strategy and why it's worth the bother

Previously: Report on the meeting, background, and the statement I prepared for it. In this last installment I’ll look at why we approached the meeting the way we did, and what we hoped to get out of it.

A group staging or participating in a public event should give some thought to how it plans to conduct itself. For instance, will it be compliant or disruptive? If the group believes the fix is in, the event sponsor is hostile and the whole thing is just a dog and pony show, disruptive may be the way to go.

The 2009 Congressional town hall meetings during the Obamacare debate were a good example of that. Show up, make lots of noise and drive home your points as vehemently as possible. These actions were arguably quite successful: While Obamacare ultimately passed, the confrontations may have served as a rallying point for conservatives in the following year’s wave election. Confrontation can come across as extreme and unreasonable, though, turning off neutral observers and keeping allies away. It’s a high risk/high reward strategy.

The other basic approach is compliance, and that too has risks and rewards. Compliance is probably best when one expects at least a sympathetic hearing, if not substantive results. No sense in alienating potential allies. The upside with compliance is coming across as sober, serious, and willing to work within the system. The downside is coming across as meek and ineffectual, and never actually being able to change the system. Depending on the situation, sometimes it’s best to be nice and polite; other times to make noise and rattle cages.

For the pipeline meeting, our group decided on the former. The commissioners have been very willing to listen to our members and to make time for us. I would say the pipeline meeting was an example of our efforts bearing fruit: citizens were able to express their concerns,1 and it was the first time the company answered questions before public officials. While it may have been late for this pipeline (see below), it’s something that could be repeated, hopefully earlier, with future ones.

Some might wonder why to bother showing up for a meeting like this. The pipeline is already about 80% built and is expected to be operational by summer. The meeting clearly happened very late in the process. Did it do any good? I think so, for a few reasons. The first is simple civic engagement. Citizenship is about more than showing up on election day to cast a ballot - it’s an ongoing process. We became aware of this project after it began, but still wanted to raise our concerns. To me, that’s part of being a citizen.

We also wanted to raise awareness for those who were still being approached about easements (particularly the shaky eminent domain assertion), and to the wider community. Pipelines are becoming a hot topic, and other residents of northeast Ohio might want to know about these kinds of grassroots efforts. We succeeded in that regard: our county paper ran two pieces on the pipeline in the following days, and Cleveland’s NBC affiliate WKYC ran a segment about it on their evening news.2 Other towns might want to have their own public meetings, and maybe learn from our example. Learn from our mistakes as well: we clearly would like to have had the meeting before the pipeline was nearly complete.

Then there is the simple act of going on the record. We know the state is enthusiastically in favor of fossil fuel extraction, and that the law has been fixed so that companies have little risk of local communities stopping them. But meetings like this can prompt a responsiveness from pipeline companies that “call our customer service help line” will not. If we can get just a modest improvement in how the thing is constructed, monitored and repaired, well, that’s better than what we’d have had otherwise.

If even that doesn’t happen, at least we will have a public record of our concerns. As I said in my statement, pipelines leak. Pipeline companies often do not detect leaks. There are real hazards associated with them. Should there be some substantial impact on our community because of it, at least we will be able to say: Yes, we knew that was one of the risks you posed. Don’t tell us no one could have known; don’t say it was completely unforeseen; don’t say some process had an unexpected blind spot or breakdown. We knew all of that from day one, we raised our voices about it, and that is precisely why we opposed it.


NOTES

1. If you are going to speak in public, consider preparing both a full statement and an abbreviated one. Sometimes things change at the last minute. In our case we expected to have three minutes each but it was shortened to one. At the meeting I made a number of hasty edits - crossing out lines and paragraphs of my prepared statement, adding rough transitions and grammatical changes, etc - and still didn’t make it through the shorter version. If you take an analytical approach it’s good to at least have note cards, if not a printed statement. If you plan to speak extemporaneously and from the heart, at least think about the major topic(s) you want to cover.
(Back)

2. WKYC has done a phenomenal job covering local oil and gas issues. I approached reporter Kristin Anderson after the meeting and thanked her station for that. I also told her the station has changed my opinion of local news. I’ve long had a jaded view of it, and written it off as devoted to stereotypical “if it bleeds it leads” sensationalism. WKYC, though, has shown that local TV news can provide invaluable coverage on the issues facing a community. Full credit to them for it.
(Back)

Commissioners pipeline meeting: strategy and why it's worth the bother

Previously: Report on the meeting, background, and the statement I prepared for it. In this last installment I’ll look at why we approached the meeting the way we did, and what we hoped to get out of it.

A group staging or participating in a public event should give some thought to how it plans to conduct itself. For instance, will it be compliant or disruptive? If the group believes the fix is in, the event sponsor is hostile and the whole thing is just a dog and pony show, disruptive may be the way to go.

The 2009 Congressional town hall meetings during the Obamacare debate were a good example of that. Show up, make lots of noise and drive home your points as vehemently as possible. These actions were arguably quite successful: While Obamacare ultimately passed, the confrontations may have served as a rallying point for conservatives in the following year’s wave election. Confrontation can come across as extreme and unreasonable, though, turning off neutral observers and keeping allies away. It’s a high risk/high reward strategy.

The other basic approach is compliance, and that too has risks and rewards. Compliance is probably best when one expects at least a sympathetic hearing, if not substantive results. No sense in alienating potential allies. The upside with compliance is coming across as sober, serious, and willing to work within the system. The downside is coming across as meek and ineffectual, and never actually being able to change the system. Depending on the situation, sometimes it’s best to be nice and polite; other times to make noise and rattle cages.

For the pipeline meeting, our group decided on the former. The commissioners have been very willing to listen to our members and to make time for us. I would say the pipeline meeting was an example of our efforts bearing fruit: citizens were able to express their concerns,1 and it was the first time the company answered questions before public officials. While it may have been late for this pipeline (see below), it’s something that could be repeated, hopefully earlier, with future ones.

Some might wonder why to bother showing up for a meeting like this. The pipeline is already about 80% built and is expected to be operational by summer. The meeting clearly happened very late in the process. Did it do any good? I think so, for a few reasons. The first is simple civic engagement. Citizenship is about more than showing up on election day to cast a ballot - it’s an ongoing process. We became aware of this project after it began, but still wanted to raise our concerns. To me, that’s part of being a citizen.

We also wanted to raise awareness for those who were still being approached about easements (particularly the shaky eminent domain assertion), and to the wider community. Pipelines are becoming a hot topic, and other residents of northeast Ohio might want to know about these kinds of grassroots efforts. We succeeded in that regard: our county paper ran two pieces on the pipeline in the following days, and Cleveland’s NBC affiliate WKYC ran a segment about it on their evening news.2 Other towns might want to have their own public meetings, and maybe learn from our example. Learn from our mistakes as well: we clearly would like to have had the meeting before the pipeline was nearly complete.

Then there is the simple act of going on the record. We know the state is enthusiastically in favor of fossil fuel extraction, and that the law has been fixed so that companies have little risk of local communities stopping them. But meetings like this can prompt a responsiveness from pipeline companies that “call our customer service help line” will not. If we can get just a modest improvement in how the thing is constructed, monitored and repaired, well, that’s better than what we’d have had otherwise.

If even that doesn’t happen, at least we will have a public record of our concerns. As I said in my statement, pipelines leak. Pipeline companies often do not detect leaks. There are real hazards associated with them. Should there be some substantial impact on our community because of it, at least we will be able to say: Yes, we knew that was one of the risks you posed. Don’t tell us no one could have known; don’t say it was completely unforeseen; don’t say some process had an unexpected blind spot or breakdown. We knew all of that from day one, we raised our voices about it, and that is precisely why we opposed it.


NOTES

1. If you are going to speak in public, consider preparing both a full statement and an abbreviated one. Sometimes things change at the last minute. In our case we expected to have three minutes each but it was shortened to one. At the meeting I made a number of hasty edits - crossing out lines and paragraphs of my prepared statement, adding rough transitions and grammatical changes, etc - and still didn’t make it through the shorter version. If you take an analytical approach it’s good to at least have note cards, if not a printed statement. If you plan to speak extemporaneously and from the heart, at least think about the major topic(s) you want to cover.
(Back)

2. WKYC has done a phenomenal job covering local oil and gas issues. I approached reporter Kristin Anderson after the meeting and thanked her station for that. I also told her the station has changed my opinion of local news. I’ve long had a jaded view of it and written it off as devoted to stereotypical “if it bleeds it leads” sensationalism. WKYC, though, has shown that local TV news can provide invaluable coverage on the issues facing a community. Full credit to them for it.
(Back)

Commissioners pipeline meeting: strategy and why it's worth the bother

Previously: Report on the meeting, background, and the statement I prepared for it. In this last installment I’ll look at why we approached the meeting the way we did, and what we hoped to get out of it.

A group staging or participating in a public event should give some thought to how it plans to conduct itself. For instance, will it be compliant or disruptive? If the group believes the fix is in, the event sponsor is hostile and the whole thing is just a dog and pony show, disruptive may be the way to go.

The 2009 Congressional town hall meetings during the Obamacare debate were a good example of that. Show up, make lots of noise and drive home your points as vehemently as possible. These actions were arguably quite successful: While Obamacare ultimately passed, the confrontations may have served as a rallying point for conservatives in the following year’s wave election. Confrontation can come across as extreme and unreasonable, though, turning off neutral observers and keeping allies away. It’s a high risk/high reward strategy.

The other basic approach is compliance, and that too has risks and rewards. Compliance is probably best when one expects at least a sympathetic hearing, if not substantive results. No sense in alienating potential allies. The upside with compliance is coming across as sober, serious, and willing to work within the system. The downside is coming across as meek and ineffectual, and never actually being able to change the system. Depending on the situation, sometimes it’s best to be nice and polite; other times to make noise and rattle cages.

For the pipeline meeting, our group decided on the former. The commissioners have been very willing to listen to our members and to make time for us. I would say the pipeline meeting was an example of our efforts bearing fruit: citizens were able to express their concerns,1 and it was the first time the company answered questions before public officials. While it may have been late for this pipeline (see below), it’s something that could be repeated, hopefully earlier, with future ones.

Some might wonder why to bother showing up for a meeting like this. The pipeline is already about 80% built and is expected to be operational by summer. The meeting clearly happened very late in the process. Did it do any good? I think so, for a few reasons. The first is simple civic engagement. Citizenship is about more than showing up on election day to cast a ballot - it’s an ongoing process. We became aware of this project after it began, but still wanted to raise our concerns. To me, that’s part of being a citizen.

We also wanted to raise awareness for those who were still being approached about easements (particularly the shaky eminent domain assertion), and to the wider community. Pipelines are becoming a hot topic, and other residents of northeast Ohio might want to know about these kinds of grassroots efforts. We succeeded in that regard: our county paper ran two pieces on the pipeline in the following days, and Cleveland’s NBC affiliate WKYC ran a segment about it on their evening news.2 Other towns might want to have their own public meetings, and maybe learn from our example. Learn from our mistakes as well: we clearly would like to have had the meeting before the pipeline was nearly complete.

Then there is the simple act of going on the record. We know the state is enthusiastically in favor of fossil fuel extraction, and that the law has been fixed so that companies have little risk of local communities stopping them. But meetings like this can prompt a responsiveness from pipeline companies that “call our customer service help line” will not. If we can get just a modest improvement in how the thing is constructed, monitored and repaired, well, that’s better than what we’d have had otherwise.

If even that doesn’t happen, at least we will have a public record of our concerns. As I said in my statement, pipelines leak. Pipeline companies often do not detect leaks. There are real hazards associated with them. Should there be some substantial impact on our community because of it, at least we will be able to say: Yes, we knew that was one of the risks you posed. Don’t tell us no one could have known; don’t say it was completely unforeseen; don’t say some process had an unexpected blind spot or breakdown. We knew all of that from day one, we raised our voices about it, and that is precisely why we opposed it.


NOTES

1. If you are going to speak in public, consider preparing both a full statement and an abbreviated one. Sometimes things change at the last minute. In our case we expected to have three minutes each but it was shortened to one. At the meeting I made a number of hasty edits - crossing out lines and paragraphs of my prepared statement, adding rough transitions and grammatical changes, etc - and still didn’t make it through the shorter version. If you take an analytical approach it’s good to at least have note cards, if not a printed statement. If you plan to speak extemporaneously and from the heart, at least think about the major topic(s) you want to cover.
(Back)

2. WKYC has done a phenomenal job covering local oil and gas issues. I approached reporter Kristin Anderson after the meeting and thanked her station for that. I also told her the station has changed my opinion of local news. I’ve long had a jaded view of it and written it off as devoted to stereotypical “if it bleeds it leads” sensationalism. WKYC, though, has shown that local TV news can provide invaluable coverage on the issues facing a community. Full credit to them for it.
(Back)

Blogroll Amnesty Day 2014 is here!

BlogRoll Amnesty Day!
Today is Blogroll Amnesty Day (BAD), the day where bloggers promote their lesser trafficked bretheren (and sisteren(?)). Skippy has officially kicked it off, so here are my 2014 selections:

Commissioners pipeline meeting: Eminent domain and big companies' need for flexibility

Thanks to rjs for the help in researching this post.

Last week I linked to this article detailing how the relative lack of pipelines in Ohio is preventing fracking from taking off as the extraction industry would like. This means pipelines have moved front and center in some communities. Since the fastest way to assemble the land for one is to pressure citizens to sell under threat of seizure via eminent domain (ED), ED law is starting to get a much closer look.

The short version is that ED can be used for oil but not liquefied natural gas, meaning yes for traditional drilling but no for fracking. Companies have taken note of the distinction:

the eminent domain statute says only companies that ship “natural or artificial gas, petroleum, coal or its derivatives, water, or electricity” through pipelines have a right force Ohioans to sell easements on their land. The eminent domain law doesn’t mention natural gas liquids.

To get around that, the company uses a different definition for the ATEX in court cases where it is citing eminent domain power, calling it a “petroleum product derived from natural gas extraction process.”

So here’s the conundrum for the fracking companies: they want to use the threat of ED to pressure homeowners into giving up their land, but they can’t invoke ED for the purpose the pipelines are being constructed for (until they can once again fix the law to their liking, that is).

The workaround appears to be this: Build the pipeline ostensibly for oil but leave wiggle room to change that later. Of course, an oil pipeline is troubling enough. Sunoco has demonstrated over and over and over again that its Ohio pipelines are leaky. Looking strictly at their track record around here, there is little reason for Portage County residents to feel confident in the soundness of this new pipeline.

As problematic as an oil-only pipeline would be (why here and now, incidentally? Have vast new petroleum reserves been discovered in eastern Ohio?), it appears Sunoco is at least leaving the door open for alternate uses:

property owners have raised questions about the all-inclusive language of the easements proferred by Sunoco. In one easement for a Randolph property, Sunoco says the pipeline is “for the purpose of transporting oil, oil products, crude petroleum, natural gas, gas liquids, liquefied minerals, mineral solutions or any other liquids, gases or substances, including water.”

The article also notes Sunoco sent out letters that resemble the notice of intent to acquire by ED required by the Ohio Revised Code, but that when pressed on it the company said they weren’t notice of intent. So they want to build an oil pipeline for land seizure purposes, but maybe use it for something else later. They appear to want to give homeowners the impression that their land is about to be seized via ED, but don’t send an actual notice of intent to seize. It’s all very murky.

These are just some of the questions that prompted the Portage County Commissioners to invite company representatives to a meeting on the pipeline. Video of this portion of the meeting is available here starting around the 0:55 mark, and it lasts a little more than an hour and a half. If you have the time to watch please try to. It isn’t exactly sexy and compelling television, but as an example of a meeting between oil and gas industry representatives and the public it’s very instructive.

Company representatives kick it off by discussing the various regulatory requirements for pipelines and a general discussion of company practices/engineering. It struck me as unhelpful boilerplate, because I would rather hear the company discuss spills that had already occurred in its Ohio pipelines, lessons learned, new practices that will prevent a recurrence, and so on. I’m not especially interested in the theoretically wonderful things that should make us feel good about the new one. Maybe some residents found it worthwhile, though.

Citizen statements are next, starting around 1:21:44, and because of the large number of people giving statements each was limited to one minute. Note the tone of the commissioners, also. Two of them were supportive of the meeting and were very welcoming. The third one - that would be the one timing citizens’ statements on a stopwatch and cutting them off after exactly one minute - was clearly not supportive.

Several statements are worth noting. The one beginning at 1:23:10 covers how a resident was verbally told an easement would be for petroleum but that the easement presented for signature was of the open ended “any other liquids” variety. At 1:39:25 a citizen of Stark County (about a 45 minute drive) says she showed up because it was the first time she knew of that company representatives were answering questions at a public meeting. That is a very common impression around here: residents have lots of questions and it has been very difficult to get answers.

At 1:42:00 a labor representative notes the company has brought in contractors instead of employing Ohioans. In fact, the jobs illusion is one of the most persistent myths about this new era of resource extraction. Temporary contractors, often from out of state, help build the infrastructure, and once that’s done even those jobs go away. The oil and gas industry would like the public to believe that there is some kind of dramatic, community-anchoring quality to all of this - like a steel mill that employs hundreds of locals at good paying jobs for decades and supports lots of related employment to boot - but the reality is far different.

The speaker immediately after mentions the amount of money he has received from the existing Sunoco pipeline - an average of $7.50 per year (he also discusses the unscrupulous behavior of land men). The citizen at 1:54:45 describes how Sunoco claims a 50 foot right of way but refuses to show documentation to that effect despite repeated requests.

Around 2:06:07 a company representative mentions the need for “flexibility in an easement to move, generally, multiple different types of petroleum products.” This circles right back to the beginning: is the company going to argue that new materials fall under the definition of petroleum products in order to allow ED claims? And what happens if the company, in the name of flexibility, switches to carrying non-petroleum products once the pipeline is built? Does it forfeit any ED claim at that point? Will it need to re-negotiate easements under the new legal environment? None of this is clear.

If you are only able to watch a few minutes, I’d recommend roughly 2:21:12 to 2:28:20. This is where company representatives answer questions about the open ended nature of the easements. One representative even includes ethane in a list of petroleum products - which, again, for ED purposes, it is not. Clearly the company would like petroleum to be defined as broadly as possible.

The commissioners ask some pointed questions along these lines, the representative talks again about flexibility in an asset (to its credit, I suppose, the company never denied that it might pull the old switcheroo down the line), and at 2:25:50 a citizen reads directly from an easement document that includes the incredibly vague “any other liquids, gases or substances” verbiage.

The concern is that Sunoco is saying petroleum now in order to invoke ED but will have the (ahem) flexibility to make it to God knows what once the legal hurdles are cleared. For as helpful as the meeting was, we know no more about that now than we did before. That doesn’t mean the meeting wasn’t worthwhile though, and I’ll address that next week.