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I doubt you would want your legacy to read, “USDOT Secretary Pete let the Black Shiloh community and homeowners drown.”
Dear Secretary Pete Buttigieg,
I understand you and your top-level appointed officials at the U.S. Department of Transportation are preparing to leave their positions given the results of the November 5 elections. Again, I am pleading with you to fully resolve the highway flooding problem and secure the funds for binding commitments to cover flood damages to homes, businesses, and property in Elba, Alabama’s historically Black Shiloh community before the Biden-Harris administration comes to an end on January 20, 2025. We have two months to get justice for the Shiloh community. Let’s not fail them. Remember, they have been flooded for six-plus years.
Again, the matter of highway flooding in my hometown of Elba is no stranger to you and the USDOT. On February 27 this year, the Bullard Center sponsored a small delegation of Shiloh leaders to meet with Assistant Secretary Christopher Coes and high-level USDOT officials in Washington, D.C. And on April 3 of this year, you and several high-ranking members of your staff, including Assistant Secretary Coes and Federal Highway Administrator Shailen Bhatt (who has already left FHWA), participated in our “Journey to Justice” tour of the Shiloh community, talked with flood impacted residents, and saw firsthand the devastation left behind by six-plus years of highway flooding. It’s not a pretty picture—a shameful and dark reminder of misuse and abuse of federal transportation tax dollars.
Yes, racism created the highway flooding problem in Shiloh and it will require environmental justice to fix it.
Through no action or fault of their own, Shiloh residents are helpless as their beloved community becomes a small lake after a rainstorm—all due to racism, reckless design, and expansion of U.S. Highway 84 (that began in 2018 by the Alabama Department of Transportation or ALDOT) under the first Trump administration USDOT. And worse, lack of government response to the Shiloh residents’ complaints about flooding and damage to their homes and property add to growing mistrust of government—including restrictive covenants ALDOT attached to residents’ deeds and an unconscionable property settlement agreement that limits the ability of current and future residents to file actions against the state. The persistent flooding is also responsible for causing residents to lose homeowners insurance coverage, making them even more vulnerable to future economic losses due to climate change.
There is an abundance of documentation and irrefutable evidence to show flooding was not a problem in Shiloh before the Alabama DOT (ALDOT) widened U.S. 84 from two lanes to four lanes and elevated it, placing the once-flat land in the Shiloh community in a bowl and forcing stormwater downhill to flood its residents. To understand this highway flooding problem, one need not be a highway planner, engineer, hydrologist, or lawyer. It’s common-sense knowledge that gravity is forcing water downhill—in this case forcing highway stormwater into the Shiloh community.
By applying the widely accepted “polluter pays principle,” it’s clear who caused the problem and where the responsibility for addressing the flooding problem rests. ALDOT caused highway flooding in the Shiloh community and should be tasked with fixing the highway and required to pay for the damages and losses suffered by the Shiloh home, business, and property owners.
The hard-working Shiloh residents deserve better. They should not have their hard-earned tax dollars used to build a highway project that’s destroying their community and stealing their inheritance and intergenerational wealth. It would be shameful and immoral to allow the flooding problem in Shiloh to carry over into the second Trump administration, when it could be fully resolved on your watch under the Biden administration. I doubt you would want your legacy to read, “USDOT Secretary Pete let the Black Shiloh community and homeowners drown.” Yes, racism created the highway flooding problem in Shiloh and it will require environmental justice to fix it.
The October 4 Voluntary Resolution Agreement (VRA) between FHWA and ALDOT was reached on a civil rights discrimination complaint filed by Shiloh homeowners against the tate agency more than two years ago. The VRA represents binding commitments to fix the highway stormwater drainage system. It’s understandable why Shiloh residents see the VRA only as a partial civil rights victory, since the agreement does nothing to resolve or compensate residents for property losses or damaged homes and businesses. This is a textbook example of highway robbery. A just solution requires putting in place binding commitments to fully compensate Shiloh residents for more than six-plus years of flood losses and damages to their homes, businesses, and property, and offering voluntary buyouts and relocation for those who seek it. That’s the just, fair, and equitable thing to do.
Again, it is important the VRA fix the highway stormwater drainage problem. And it is equally important that binding commitments and an agreement to address damaged homes, property, and businesses be reached before this administration ends because it is unlikely the next USDOT under a second Trump administration would be inclined to resolve highway flood damages and losses of Shiloh residents that were caused by ALDOT under the first Trump administration USDOT.
Finally, ALDOT caused the problem and ALDOT should be held accountable to pay for a comprehensive solution—not a “partial fix” as contained in the VRA. The pressure is mounting for Secretary Pete to act as the clock is ticking for you to step up and make the flooded Shiloh community residents whole before this administration’s time runs out for them on your watch. It’s the just thing to do and the right time to do it. And you need to act with the urgency of now! Let’s not have the record show “you left Black people in Shiloh to drown” on your watch.
One critic argued Harris would risk alienating "precisely the people she needs to ensure her victory over Trump" if she picks Pennsylvania's governor as her running mate.
Reports that presumptive Democratic presidential nominee Kamala Harris is leaning toward selecting Pennsylvania Gov. Josh Shapiro as her running mate have sparked warnings from progressives who say his record and policy positions on key issues—from Palestine to public schools to climate—are cause for serious alarm and should be disqualifying.
Earlier this week, dozens of progressive leaders from across the United States wrote in a letter to Harris that Shapiro's "support for school vouchers is in direct conflict with our teachers union allies and the Democratic Party Platform, threatening to undermine labor support" in a general election matchup with Republican nominee Donald Trump.
The letter's signatories recommended Minnesota Gov. Tim Walz and Kentucky Gov. Andy Beshear as possible alternatives to Shapiro, who last year relented to pressure and vetoed a school voucher program that he previously supported.
The Philadelphia Inquirerreported last month that Shapiro "says school vouchers are still a priority for him."
"Democrats need a credible and respected voice that has a track record of winning over and exciting an electorate, especially the ability to turn out young voters, immigrants, and independents in swing states," reads the progressives' letter, signed by the chair of the California Democratic Party's Progressive Caucus, the head of the Nevada Democratic Party, the executive director of Progressive Democrats of America, a member of the Ohio Democratic Party's executive committee, and others.
"Shapiro has... done far more than most Democrats to attack pro-Palestine antiwar demonstrators, in ways that call into question his basic commitment to First Amendment rights."
Shapiro's attacks on pro-Palestine demonstrators and uncritical support for Israel—as well as his support for Pennsylvania's anti-boycott, divestment, and sanctions law—have also drawn progressive ire.
"Shapiro has... done far more than most Democrats to attack pro-Palestine antiwar demonstrators, in ways that call into question his basic commitment to First Amendment rights," writer David Klion argued in The New Republic last week, noting that the Pennsylvania governor compared protesters rallying against Israel's genocide in Gaza to the Ku Klux Klan.
"Then, in an executive order, Shapiro updated his administration's code of conduct to forbid state employees from engaging in 'scandalous or disgraceful' behavior, a vaguely worded instruction that civil libertarians immediately interpreted as threatening pro-Palestine speech," added Klion, who warned Harris that picking Shapiro could "discourage precisely the people she needs to ensure her victory over Trump."
A coalition of pro-Palestine groups has launched a website dubbing Shapiro "Genocide Josh" and warning Harris against picking him as her running mate.
"The left must unite over the next four weeks to ensure that America doesn't fall down the path of fascism, authoritarianism, and runaway corporatism," the website states. "It is in Harris' and the Democrats' best interests to listen to their base and ensure that both their new VP pick and their platform support the majority of Democrats and Americans who want social and economic justice for workers and an immediate cease-fire in Palestine."
Progressive organizers Jeff Cohen and Norman Solomon, co-founders of the advocacy group RootsAction, warned in aCommon Dreams op-ed Monday that if Harris "chooses a running mate who intensely connects her to Biden's policies on the Gaza war that are so unpopular with much of the Democratic base, party unity—and the chances of defeating Trump—would be undermined."
On top of his attacks on pro-Palestinian demonstrators and promotion of school vouchers, Shapiro has also faced criticism for supporting corporate tax cuts.
The American Prospect's David Dayen wrote Thursday that Shapiro is currently "trying to accelerate an already scheduled cut" to Pennsylvania's corporate tax rate "from 9.9% to 4.9%" as Democrats at the national level push for a repeal of Trump's massive tax cuts for big business and the rich.
Harris herself attacked Trump during an Atlanta rally earlier this week for wanting to "give tax breaks to billionaires and big corporations."
Harris is expected to announce her vice presidential pick ahead of a scheduled rally Tuesday in Philadelphia, part of a broader campaign swing through pivotal battleground states. According toPolitico, a Harris aide "cautioned against reading too much into the first city chosen for the tour," pushing back on speculation that the event's location confirms Shapiro will be Harris' running mate.
A survey released earlier this week showed that Trump is narrowly leading Harris in Pennsylvania, and it's far from clear that picking Shapiro as her running mate would help her win the state.
"Other names in the mix include Arizona Sen. Mark Kelly, Minnesota Gov. Tim Walz, Kentucky Gov. Andy Beshear, and Transportation Secretary Pete Buttigieg," Politico reported earlier this week. "Shapiro said on Tuesday that he had not spoken to Harris since July 21, the day that Biden dropped out."
Will Bunch argued in a column for The Philadelphia Inquirer "that it's no wonder that progressives seem to be lining up in the VP contest behind Minnesota's Walz, who like Shapiro has some policy wins on cherished liberal issues like expanding free school lunches but isn't lugging around political baggage like the Pennsylvania governor."
"Whether Harris, said to have close ties to Shapiro, sees it the same way will tell us a lot about her White House bid," Bunch added.
Kamala Harris needs to lead the country in addressing this biggest of all problems: our climate crisis and the dominance of the fossil fuel industry in our politics and policies.
President Joe Biden lost a lot of support, especially among young voters and climate voters, when he approved the foolish Willow Project. The Mountain Valley Pipeline (MVP) was equally unpopular with those groups but they rightfully placed most of the blame for that project on Sen. Joe Manchin (D-W.V).
What a lot of people, including reporters, don’t realize is that Pete Buttigieg, as Secretary of Transportation, had (and still has) the power to stop MVP. The Pipeline and Hazardous Materials Safety Administration (PHMSA) reports to Buttigieg and PHMSA, as its name implies, has the authority and responsibility to ensure the pipelines are built and operated safely. But the MVP was not built—nor is it operating—safely. That is not an opinion pulled out of thin air by a climate activist. Rather it is the conclusion of a study done by TC Energy (formerly TransCanada), the company that wanted to build the Keystone XL Pipeline (KXL). That study was the subject of an article (pg 16) in the Jan/Feb 2020 issue of Corrosion Management, a journal of the Institute of Corrosion.
This topic has been written about extensively for over a year. If reporters and other readers want to understand the particulars they can find them here. The long and short of it is that the TC Energy/KXL study proved that MVP’s corrosion-proof coating is “no longer fit for purpose.” That’s a pretty damning indictment, especially given the enormous diameter (42 inches) of MVP and the extremely high pressure it will be operating under. It’s particularly scary for all those who live within MVP’s blast zone.
MVP is made of thick steel. It isn’t going to corrode extensively tomorrow or anytime right away. But pipelines like MVP are built with the intention that they will operate for many, many decades, which is why legally they MUST have an adequate corrosion-proof coating. Otherwise they will corrode prematurely which could lead to a massive explosion. Delaney Tercero was 3 when a 10 inch gas pipeline exploded near her home because defective coating allowed the pipe to corrode. She died 2 days later in a hospital burn unit. Again, MVP is 42 inches.
The National Association of Pipe Coating Applicators (NAPCA) recommends that the pipe coating that was applied to MVP pipe should not be exposed to the harmful rays of the sun for more than 6 months. MVP pipe sat out in the sun for 6-7 years. A KXL pipeline manager, speaking at an oil and gas forum in Canada, said that, when the coating has deteriorated to such a degree, the pipe either needs to be replaced or sent back to the factory for stripping, cleaning, and recoating. He said this is a problem that can’t be remedied in the field. MVP pipe was neither replaced nor properly recoated. It was just quickly buried and covered up, as if that would make the problem go away.
Pete Buttigieg is obviously a very smart guy. He’s articulate, does his homework and has a knack for making members of Congress look ridiculous when they try to question him. If anyone can explain why the KXL coating study doesn’t apply to MVP, it would be Secretary Buttigieg. But neither he nor PHMSA nor MVP nor anyone else has ever offered that explanation. Buttigieg seems to pop up everywhere these days but he hasn’t met with the people who live next to MVP and been willing to address their fears about the defective pipe coating. And the reason he hasn’t is because he can’t explain away the KXL study’s obvious relevance to MVP which leaves him unable to defend PHMSA’s decision to allow MVP to operate.
And this problem isn’t limited to MVP. Pipeline giant, Williams, has just built pipelines in Louisiana and Pennsylvania using old pipe intended for the now-dead Constitution Pipeline in NY. That pipe has been sitting out in the sun for over a decade. Williams has now buried it right next to houses, schools, playgrounds, ball parks, through golf courses and under interstate highways.
Essentially, despite all their posturing, Pete Buttigieg and PHMSA are just part of the Good Ol’ Boy network that oversees much of our country’s energy regulatory system which remains heavily controlled by the fossil fuel industry. Up and down the chain of command people go along to get along, as pointed out in this article that Bill McKibben called landmark by Mike Soraghan of Politico’s E&E News. That system has resulted in America being the largest oil and gas producer ever, which is deplorable given the scientific consensus regarding climate change. It is why we are so far behind in achieving our climate goals.
Kamala Harris needs to lead the country in addressing this biggest of all problems. She needs to separate herself from the Good Ol’ Boy network. She should start by picking someone other than Pete Buttigieg to be her VP.