March, 01 2013, 02:14pm EDT
Texas Landowner Julia Trigg Crawford Files Appeal Against TransCanada In Texarkana's 6th Circuit Court
Groups Support Crawford Family as Legal Action Continues Against Keystone XL Southern Segment
PARIS, TEXAS
Landowner Julia Trigg Crawford and her attorney Wendi Hammond announced that they have filed their appeal against TransCanada with the 6th Judicial Court in Texarkana. The brief disputes TransCanada's attempt at taking Crawford's property on the basis that TransCanada has yet to prove the company is a common carrier, but is instead a private foreign company utilizing its pipeline for private gain.
"Our appellate brief is now in front the Sixth Circuit Court of Appeals and we are confident this panel of experienced judges will give all the issues the thoughtful consideration and thorough review they deserve," noted landowner Julia Trigg Crawford. "Since the lower court's ruling against us in August we've worked diligently to elevate the dialogue around property rights and eminent domain abuse."
"Since before 1920, the Texas legislature wisely limited the enormous power of eminent domain authority to a common carrier subject to the Texas Railroad Commission's (RRC) jurisdiction and other legal requirements. In the Crawford family's case, the RRC admitted it does not have jurisdiction over TransCanada's pipeline, but the trial court allowed TransCanada to take the Crawford's private land anyway," commented Hammond, Crawford family farm attorney. "This decision highlights a serious problem, not just for the Crawfords, but for many families across Texas. Now this important matter will be decided by a higher court."
Groups including We Texans and Public Citizen are supporting Crawford and her family in their continuing resolve to pursue this landowner's case to a higher court. The groups view this precedent setting case as a private company attempting to take land for private use and foreign profit.
Debra Medina, executive director of We Texans, applauded the Crawford family's courage in continuing their opposition to the taking of their property. "We agree with the Crawford family in believing that there has been an erroneous ruling against them and hope that the appellate court will right that wrong. In doing so, the court can protect not only the Crawford Family farm, but also set a precedent that will ensure the law is followed and all private property in Texas is duly protected."
"What's at stake here is whether the state should allow a public agency to allow condemnation for private gain. The Crawford case is emblematic of the failure of the Texas Railroad Commission to effectively ensure that companies doing business in Texas are indeed a common carrier," commented Tom Smitty Smith of Public Citizen. "The State has laid this burden of proving up common carrier upon landowners such as the Crawfords, while the proof should be incumbent upon those who want to business here in Texas. The entire process needs to be overhauled."
"The Railroad Commission allowed TransCanada to have the status of a common carrier, yet the agency has stated that it doesn't not have the authority to give eminent domain powers to TransCanada," added Smith. "TransCanada has yet to prove to the court that they are transporting the product for the public good or for the public for hire as required by law."
"Currently, there is a loophole in Texas law that allows a company to simply check a box on a one page form at the Railroad Commission that allows companies to declare themselves a common carrier without any checks and balances," noted Rita Beving, North Texas Public Citizen organizer. "Last summer we started a dialogue with the Texas Land & Resource Management Committee regarding this problem. We are hoping the matter of common carrier and eminent domain gets rectified during this year's legislative session."
"I've testified to legislative subcommittees at our state Capitol, shared my story with the Sunset Commission in their review of the embattled Texas Railroad Commission, and traveled to Washington, D.C. twice to speak to governmental agency representatives and support groups," Crawford added. "At the heart of this issue is the fact the Texas Railroad Commission has seemingly abandoned Texas landowners. By their own admission, they are aware that companies use the T-4 form to demonstrate to the public that the company is operating as a common carrier pipeline with eminent domain authority when, in fact, the RRC operating permit provides no evidence of that fact at all."
"What was once just the voice of Texas landowners is now a national issue, with all eyes upon Texas and how our Legislature will step up to repair this grossly flawed land condemnation process," Crawford concluded. "I stand at the ready to continue shining a light on what's really happening on the ground to Texas landowners as we protect our land, and we look forward to a positive outcome in our appeal."
Speaking of the case, Kaytee Riek, campaign manager for SumOfUs.org, a global corporate watchdog organization explained, "Our campaign to support Julia Trigg Crawford and her farm against Canadian oil giant TransCanada's Keystone XL pipeline was one of our most inspiring campaigns ever. Over 2,200 members of the SumOfUs.org community around the world came together to raise nearly $50,000 for Julia Trigg's legal defense, allowing her to hire another lawyer , and thousands more signed cards to Julia wishing her luck. We are honored that the global SumOfUs.org community has helped give Julia Trigg and her family the support and means to file her appeal, and our community will continue to stand with her in the next steps of her battle -- a battle we've all come to call our own."
TransCanada has initiated construction of the southern segment of the Keystone XL pipeline along its 485-mile trek from Cushing to the Texas coast. TransCanada will pump Canadian tar sands crude or Dilbit to refineries on the Gulf coast. The northern segment of the Keystone XL awaits approval by the State Department for its presidential permit.
In the meantime Enbridge, TransCanada's Canadian competitor, has begun surveying for an additional twin line to the existing Seaway pipeline near the DFW area. Both Enbridge's 36-year old repurposed Seaway pipeline and the new twin line will carry tar sands from Cushing to the coast. The dual Enbridge lines are expected to exceed Keystone's capacity with 850,000 barrels per day of tar sands crude.
Enbridge is currently responsible for the largest and most expensive onshore spill in history. The Michigan spill occurred in July 2010 carrying tar sands crude through a 43-year old repurposed line. Two years and more than $850 million later, the spill is still being cleaned up on the Kalamazoo River.
"Landowner fights such as that of the Crawford family with TransCanada have sparked a new battle on a whole new front with another Canadian company," Beving concluded. "Many of us are now getting calls from landowners now worried about Enbridge, which also plans to carry dangerous Dilbit crude through its pipelines from Cushing to the coast."
SumOfUs is a community of people from around the world committed to curbing the growing power of corporations. We want to buy from, work for and invest in companies that respect the environment, treat their workers well and respect democracy. And we're not afraid to hold them to account when they don't. Barely a day goes by without a fresh corporate scandal making headlines. From polluting the environment to dodging taxes - when left unchecked, corporations don't let anything stand in the way of bigger profits. In an age of multinational companies that are bigger and richer than some countries, it can be easy to feel powerless. But there is a chink in their armor. The biggest corporations in the world rely on ordinary people to keep them in business. We are their customers, their employees, and often their investors. When we act together, we can be more powerful than they are. Together, our community of millions act as a global consumer watchdog - running and winning campaign
LATEST NEWS
US Voter Registrations Surge as Republicans Try to Limit Ballot Access
One group said it has registered over 100,000 new voters since U.S. President Joe Biden dropped out of the 2024 race.
Jul 26, 2024
The group behind a popular get-out-the-vote technology platform said Friday that it's registered more than 100,000 new U.S. voters since President Joe Biden withdrew from the 2024 presidential race, a surge that came amid mounting Republican efforts to make it harder to register and vote.
Vote.org said that 84% of voters registered in the new wave are under age 35. Nearly 1 in 5 new registrees is 18 years old. Andrea Hailey, the group's CEO, said that "since 2020, we have led the largest voter registration drive in U.S. history," with more than 7.8 million people registered.
After dropping out, Biden endorsed Vice President Kamala Harris to face former Republican President Donald Trump and Sen. JD Vance (R-Ohio) in the November election. The new presumptive Democratic candidate has already earned endorsements from many Democrats in Congress and groups advocating on issues including climate, labor, and reproductive rights.
Vote.org's success comes as Republicans at the federal level are proposing and passing legislation creating obstacles to the ballot box.
Earlier this month, U.S. House Republicans passed Rep. Chip Roy's (R-Texas)
Safeguard American Voter Eligibility (SAVE) Act, which would require proof of American citizenship to vote in federal elections. Republicans claim the bill is meant to fix the virtually nonexistent "problem" of noncitizen voter fraud.
However, Rep. Summer Lee (D-Pa.)
slammed the bill as a "xenophobic attack" meant to silence "Black voices, brown voices, LBGTQIA+ voices, [and] young voices."
Lee said the SAVE Act underscores the need to pass her recently introduced Right to Vote Act, "which would establish the first-ever affirmative federal voting rights guarantee, ensuring every citizen may exercise their fundamental right to cast a ballot."
Earlier this year, U.S. Senate Democrats also reintroduced the John R. Lewis Voting Rights Advancement Act, legislation its sponsors say will "update and restore critical safeguards of the original Voting Rights Act."
Meanwhile, Republican-controlled state legislatures and red-state governors are enacting laws imposing tough restrictions on voter registration, with violations punishable by stiff fines that critics say are meant to dissuade people from registration drives and similar efforts.
Again under the guise of preventing fraud, Republican Florida Gov. Ron DeSantis last year signed legislation limiting voter registration drives, with fines of up to $250,000 for violators.
"These draconian laws and rules are like taking a sledgehammer to hit a flea," Cecile Scoon, an attorney and president of the Florida chapter of the League of Women Voters,
toldThe New York Times in an article published Friday.
Three years after Kansas passed a law making "false representation" of an election official a crime, campaigners say it's become extremely difficult to sign up new voters.
"In 2020, even with the pandemic, we had registered nearly 10,000 Kansans to vote. Now, we haven't been able to register anyone," Davis Hammet, president of the youth voter mobilization group Loud Light, told the Times.
In Louisiana, Republican state lawmakers quietly passed legislation making it easier for election officials to toss out absentee ballots with missing details, limiting how people can mail in other voters' ballots, and restricting the ability to assist people with disabilities with their ballots.
"What we've found is that these measures have a disproportionate impact on voters with disabilities, both Black and white," NAACP Legal Defense Fund senior policy counsel Jared Evans
toldNola.com earlier this week.
"It's clear that their goal is to make it harder to vote, harder for specific communities to vote especially," Evans added. "What they don't realize is that these laws hurt white voters, too."
In Nebraska, Republican Secretary of State Bob Evnen last week
ordered county election offices to stop registering voters with past felony convictions who have not received official pardons. The move came after the state's unicameral Legislature passed a bill granting voting eligibility to felons immediately after they have completed their sentences instead of waiting two years.
"We refuse to accept thousands of Nebraskans having their voting rights stripped away," ACLU of Nebraska legal and policy fellow Jane Seu said in a statement. "We are confident in the constitutionality of these laws, and we are exploring every option to ensure that Nebraskans who have done their time can vote."
Keep ReadingShow Less
Critics Warn Manchin-Barrasso Permitting Bill 'Is Taken Straight From Project 2025'
"You thought Project 2025 was just a threat after the election? It's actually happening *right now,*" said one climate campaigner.
Jul 26, 2024
Climate and environmental defenders on this week implored U.S. senators to block a permitting reform bill introduced this week by Sens. Joe Manchin and John Barrasso that campaigners linked to Project 2025, a conservative coalition's agenda for a far-right overhaul of the federal government.
Common Dreamsreported Monday that Manchin (I-W.Va.) and Barrasso (R-Wyo.)—respectively the chair and ranking member of the Senate Energy and Natural Resources Committee—introduced the Energy Permitting Reform Act of 2024.
The Natural Resources Defense Council (NRDC) noted that although the proposal "includes several positive reforms for the accelerated development of transmission projects," it also advocates "limiting opportunities for communities to challenge projects, loosening oversight for drilling and mining projects, extending drilling permits and fast-tracking [liquified natural gas] permits, and several other provisions friendly to fossil fuel giants."
"This dangerous bill doesn't deserve a floor vote."
These are nearly identical policies to what's proposed in Project 2025's Mandate for Leadership. The plan, which was spearheaded by the Heritage Foundation, calls for "unleashing all of America's energy resources," including by ending federal restrictions on fossil fuel drilling on public lands; limiting investments in renewable energy; and rolling back environmental permitting restrictions for new oil, gas, and coal projects, including power plants.
While Manchin has been trying—and failing—to pass fossil fuel-friendly permitting reform legislation for years, Brett Hartl, director of public affairs at the Center for Biological Diversity, said that his "Frankenstein legislation is taken straight from Project 2025, and it's the biggest giveaway in decades to the fossil fuel industry."
Hartl said the bill "deprives communities of the power to defend themselves and gives that power to Big Oil by making it harder for communities to challenge polluting projects in court," and "prioritizes the profits of coal barons over public health."
"And it mandates oil and gas extraction in our oceans," he continued. "The insignificant crumbs thrown at renewable energy do nothing to address the climate emergency."
"Monday was the hottest day in recorded history," Hartl noted. "It's shocking that as the climate emergency continues to break records around us, the Senate continues to fast-track the fossil fuel expansion that is killing us. This dangerous bill doesn't deserve a floor vote."
Hartl added that "to preserve a livable planet," Senate Majority Leader Chuck Schumer (D-N.Y.) "must squash this legislation now."
Manchin—who has said this will be his last term in office—has been a steadfast supporter of the fossil fuel industry, partly because his family owns a coal company. The senator says his permitting reform bill "will advance American energy once again to bring down prices, create domestic jobs, and allow us to continue in our role as a global energy leader."
However, Allie Rosenbluth, Oil Change International's U.S. manager, warned Thursday that "this bill is yet another dangerous attempt by Sen. Manchin to line the pockets of his fossil fuel donors, sacrificing communities and our climate along the way."
"Don't be fooled: The Energy Permitting Reform Act is another dirty deal to fast-track fossil fuels above all else," she continued. "It would unleash more drilling on federal lands and waters, unnecessarily rush the review of proposed oil and gas export projects, and lift the Biden administration's pause on new LNG exports."
"We urge Congress to reject this proposal and commit to action that protects frontline communities from the impacts of fossil fuel development and the climate crisis," Rosenbluth added.
"Don't be fooled: The Energy Permitting Reform Act is another dirty deal to fast-track fossil fuels above all else."
NRDC managing director of government affairs Alexandra Adams said Wednesday that "this bill is a giveaway for the oil and gas industry that will ramp up drilling and environmental destruction at a time when we need to be putting a hard stop to fossil fuels."
"We cannot afford to roll back so many of our bedrock environmental and community legal protections and offer a blank check to the oil and gas industry," she stressed. "We need new solutions for permitting if we are going to meet our clean energy potential and address the climate challenge. But this is not it."
"This bill would altogether be a leap backward on climate, health, and justice if passed into law," Adams added. "The Senate should reject it and look toward alternative solutions already being considered."
Keep ReadingShow Less
'Nothing To Eat': War-Torn Sudan Faces Mass Famine as Military Delays Aid
Both parties in Sudan's civil war are to blame for a looming mass famine, experts say, and the military's blocking of U.N. aid at a border crossing with Chad exacerbates the problem.
Jul 26, 2024
Sudan's military is blocking United Nations aid trucks from entering at a key border crossing, causing severe disruptions in aid in a country that experts fear may be on the brink of one of the worst famines the world has seen in decades, The New York Timesreported Friday.
The border city of Adré in eastern Chad is the main international crossing into the Darfur region of Sudan, but the Sudanese Armed Forces (SAF), the state's official military, which is engaged in a civil war with a paramilitary group called the Rapid Support Forces (RSF), has refused to issue permits for U.N. trucks to enter there, as it's an RSF-controlled area.
U.S. and international officials have issued increasingly alarmed calls for steady aid access to help feed the millions of severely malnourished people in Darfur and other areas of Sudan.
Last week, Linda Thomas-Greenfield, the United States ambassador to the U.N., said that the SAF's obstruction of the border was "completely unacceptable."
Both warring parties in Sudan continue to perpetrate brazen atrocities, including starvation of civilians as a method of warfare. This piece focuses on the SAF's ongoing obstruction of essential aid. The situation is catastrophic. The policy is criminal. https://t.co/FKhqQh3EI9.
— Tom Dannenbaum (@tomdannenbaum) July 26, 2024
The Sudanese who've made it out of the country and into Adré reported dire and unsafe conditions in their home country.
"We had nothing to eat," Bahja Muhakar, a Sudenese mother of three, told the Times after she crossed into Chad, following a harrowing six-day journey from Al-Fashir, a major city in Darfur. She said the family often had to live off of one shared pancake per day.
Another mother, Dahabaya Ibet, said that her 20-month-old boy had to bear witness to his grandfather being shot and killed in front of his eyes when the family home in Darfur was attacked by gunmen late last year.
Now the mothers and their families are refugees in Adré, where 200,000 Sudanese are living in an overcrowded, under-resourced transit camp.
In addition to those that have made it out of the country, there are 11 million people internally displaced within Sudan, most of whom have become displaced since the civil war began in April 2023.
An unnamed senior American official told the Times that the looming famine in Sudan could be as bad as the 2011 famine in Somalia or even the great Ethiopian famine of the 1980s.
In April, Reutersreported that people in Sudan were eating soil and leaves to survive, and The Washington Postcalled it a nation in "chaos," reporting that World Food Program trucks had been "blocked, hijacked, attacked, looted, and detained."
In late June, a coalition of U.N. agencies, aid groups, and governments warned that 755,000 people in Sudan faced famine in the coming months.
The U.S. last week announced $203 million in additional aid to Sudan—part of a $2.1 billion pledge that world leaders made in April, which some countries have not yet delivered on.
Some officials including Thomas-Greenfield, who has dubbed the situation in Sudan "the worst humanitarian crisis in the world," have called for the U.N. Security Council to allow aid delivery into the country even in the absence of SAF approval; it's believed that Russia would veto such a measure.
Sudan's civil war has seen a great deal of international interference. Amnesty International on Thursday published an investigatory briefing showing that weapons from Russia, China, Serbia, Turkey, Yemen, and the United Arab Emirates (UAE) had been identified in the country. And The Guardian on Friday reported that the passports of Emirati citizens had been found among wreckage in Sudan, indicating the UAE may have troops or intelligence officers on the ground, though the UAE denied the accusation.
The International Service for Human Rights on Friday warned that both the SAF and RSF were engaged in wrongful killings and arrests, especially targeted at lawyers, doctors, and activists. The group called for an immediate cease-fire.
The SAF and Sudanese government figures have cast doubt on international experts' claims about famine in the country.
Keep ReadingShow Less
Most Popular