Mar 11, 2014
No Pipe Dream
Posted on Jan 31, 2014
By Ellen Cantarow, TomDispatch
The Bixbys were offered more money than Briggs—more than $62,000—for a pipeline right of way and they, too, turned it down. He and his wife are holding fast and so, he says, are 60 neighbors. “They don’t want it to bust up this little valley.” Pointing, he added, “There’s gonna be a path up our woods there as far as you can see, [and] there’s gonna be another one over there. That’s nothing nice to look at.”
Driving around New York and Pennsylvania you’ll spot odd, denuded stretches running down hillsides like ski jumps. On the crests of the hills, the remains of tree lines look like Mohawk haircuts on either side of shaved pipeline slopes. This is only the most obvious sign of pipeline environmental degradation. The Constitution pipeline would also impact 37 Catskills trout streams, endangering aquatic life. According to Kate Hudson, Watershed Program Director at Riverkeeper, one of the state’s most venerable environmental watchdog organizations, the pipeline would “cross hundreds of streams and wetlands by literally digging a hole through them… Any project that jeopardizes multiple water resources in two states is clearly against the public’s interest.”
Holding the Line
Longtime residents aren’t alone in opposing the building of the Constitution pipeline. This tranquil region has been attracting retirees like Bob Stack, a former electrical engineer. In 2004, he and his wife, Anne, bought 97 acres near Leona Briggs’s home. Their dream: to build a straw bale house, a sustainable structure that uses straw for insulation. No sooner had engineers visited the land to start planning than the couple got a letter from Constitution Pipeline LLC. “We were absolutely clueless. We knew nothing about fracking or about pipelines. Fracking was about as remote from us as oil in Iraq or someplace else,” says Anne. “We just looked at each other and said, ‘What an outrage!’” The Stacks, who moved east from Nevada, are now living in limbo.
Garti, a small, quietly assertive former interactive computer software designer, is now a lawyer; her aim: helping people like Briggs and the Bixbys. She grew up in the town of Delhi, near Briggs’s home. In 2008, she found herself among a small group of activists who convinced New York’s then-Governor David Paterson to impose a moratorium on fracking. Under the measure’s shelter a powerful grassroots anti-fracking movement grew, using zoning ordinances to ban drilling in municipalities.
Mark Pezzati, a graphic designer, helped get his town, Andes, in New York’s Delaware County to enact a fracking ban. “Pipeline news wasn’t high on the radar [then],” he says. “Most people were concerned about drilling.” In 2010, Pezzati was shocked to discover that a pipeline called the Millennium had penetrated his state.
It turned out that local land use laws govern only drilling. Under the 1938 Natural Gas Act, pipelines and compressor stations represent interstate commerce. “Suddenly there was this frantic flurry of emails, where people were saying, ‘We’ve got to meet and make people aware.’” (The meeting took place and 200 people flocked to listen to Garti.) “As time went on,” adds Pezzati, “it became apparent that you really can’t frack without a pipeline. There’s no point in drilling if there’s nowhere for the gas to go. So a light bulb went on. If you could stop pipelines you could stop fracking.”
That was when Pezzati and his friends, used to arguing for bans at town board meetings, came up against the Federal Energy Regulatory Commission (FERC), which, among other responsibilities, regulates interstate natural gas transmission. It tilts to corporations, and even Garti found the bureaucratic hurdles it posed daunting. “I have some experience and training in environmental law and it took me a month to figure out the intricacies of FERC’s process,” she told me.
Because FERC refused to disclose the names of landowners in the pipeline’s path, Garti, Pezzati and about a dozen other volunteers had to pore over county tax databases, matching names and addresses to the proposed route. “First we sent letters, then we did door-to-door outreach,” says Garti. Her basic message to landowners along the right of way: “Just say no.”
“People are kind of impressed that you came all the way to their house,” Pezzati points out. “There’s not that many landowners in favor.”
Garti attributes local resentment against the pipeline corporations and their threats to exercise eminent domain to a “fierce” regional “independence” dating back to the anti-rent struggles of tenant farmers against wealthy landlords in the nineteenth century. “People don’t like the idea of somebody coming on their land and taking it from them.”
The activists drafted a letter refusing entry to corporate representatives and circulated it to local landowners. By October 2012, Stop the Pipeline was able to marshal a crowd of 800 for a public hearing called by FERC—“a big crowd for a sparsely populated rural area,” Garti recalls. The vast majority opposed the pipeline’s construction. By January 2013, 1,000 people had sent in statements of opposition.
The organization has created a website with instructions about FERC procedures and handouts for local organizing, as well as a list of organizations opposing the pipeline. These include the Clean Air Council and Trout Unlimited. Among state and federal agencies expressing concerns to FERC have been the Army Corps of Engineers and New York State’s Department of Environmental Conservation, known in earlier fracking battles for its collusion with the gas industry.
“Just like we have a fracking story that’s different in New York State, we have a pipeline story that’s different,” says Garti. “The force of the opposition to pipelines is in New York State. And we have a shot at winning this thing.”
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