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Give in, Give Up, or Give it All You Got

Those were the words of one KXL pipeline fighter testifying at the fourth and final public hearing of the Nebraska Public ServiceCommission (PSC) in Ralston, Nebraska on July 26, 2017.

She was determined to help defuse the climate bomb by killing a zombie black snake that's still trying to find a home in the middle of the US. The PSC could vote on whether or not to approve TransCanada's current KXL pipeline route through Nebraska as early as next month.

According to Climate Expert NASA Scientist Dr. James Hansen, the KXL pipeline is the fuse to the biggest climate bomb on the planet. He says that completing the pipeline through Nebraska will accelerate production of planet-cooking carbon-based fuels beyond mankind's ability to cope.

Indigenous peoples call any fossil fuel pipeline a black snake. KXL carries tar sands, a thick gooey sludge that has to be heated and mixed with toxins like benzene to make it flow. But make no mistake, this black snake produces nothing but snake oil.

Predictably, union and business leaders are on one side of the issue. Scientists, landowners, Native Americans, farmers, religious leaders, ranchers, and environmentalists are on the other. The split was 1/3 for, 2/3 against, just like at all the other hearings.

Pipeline proponents would have you believe it leads to US energy independence. Pure snake oil. KXL tar sands are refined for the export market through duty-free ports in Texas. Tar sand fuel is so dirty it cannot even be legally sold in the US.

Everyone knows US energy independence is achievable through vastly cheaper, safer, and cleaner technologies than fossil fuel development.

Proponents also contend that the state of Nebraska would rake in millions in property tax revenue paid by pipeline developer TransCanada for the land taken out of production for the route. While that sounds good, the revenue would merely replace taxes currently paid by the landowners. Worse, those revenues could evaporate if the company is granted a 10-year exemption, a prospect not at all out of the question in the conservatively-dominated state government. This scenario would result in a net loss of revenue for the state.

There is one thing both sides agree that the KXL black snake would produce:  jobs. Disagreement is only on the type of jobs. Proponents say it would bring hundreds of high-paying temporary union pipe fitter jobs. Opponents say most jobs would be in the spill cleanup industry.

At any rate, union jobs are not promised nor are they likely, because TransCanada would have an incentive to higher cheaper, non-union labor.  Such jobs will not even be local; TransCanada is expected to prefer experienced pipe fitters from Oklahoma. One union leader admitted that if TransCanada twinned the KXL route with current Keystone One through eastern Nebraska, even more jobs would be created. But the nature of trade unions is to focus on jobs, any number and any type of jobs, anywhere, anytime, even if it means making a deal with the devil.

If Trump wanted to build a bomb to blow up the planet, would the unions line up in support? I think they might. After all, jobs!!

Not surprisingly, all the proponents had an economic interest. They included three Nebraska state senators who had taken donations from TransCanada, Mike Flood (served 2005-2013), Jim Smith and Mike McDonnell. TransCanada spent a lot of money lobbying in the Nebraska Legislature this year. According to Common Cause Lobby report, Peetz/CO who represents TransCanada has spent $2,836,048 over the past 5 years lobbying our legislature.

Other black snake proponents were TransCanada employees, Chamber of Commerce employees, and union members. All spoke with little enthusiasm or conviction, like some one executing a job for a paycheck. In contrast, pipeline opponents were passionate and determined, like some one fighting just to retain their land, water, and very existence. Because they were. Their only economic interest was in asking the PSC not to make their lives more challenging than they already are.

Testimony was supposed to be guided by the Nebraska Major Oil Pipeline Siting Act (MOPSA), which was described on a blue sheet handed to all attendees. Incredibly, this act specifically prohibits the commission from evaluating safety considerations, including the risk or impact of spills or leaks. One testifier described the horror of a leak into the largest aquifer in North America, depicting the MOPSA rule hypocrisy this way:  “In such a world, it will be beyond farce to say, “Oh, but I followed the blue sheet!”

Spills and leaks are the basis for all official considerations for approving KXL, so they were nonetheless talked about by both sides.

Proponents said that KXL is the most studied pipeline in the history of mankind, that it will be built by highly trained workers, and will be 99.99% leak-free. Opponents point out that the Titanic was built by highly trained workers, and that when moving billions of gallons of toxic material, .01% means leaking hundreds of thousands of gallons into the soil and waterways. Worse, as Bold Alliance Director Jane Kleeb testified, TransCanada's plan is to keep spill response equipment 8 hours away.

Montana rancher Alexis Bonogofsky gave tearful testimony about how her land was ruined by the Yellowstone River oil spill in January 2015. A rural Nebraska teacher told how TransCanada tried to bribe her by offering her music program “whatever it wanted”, even sending a child into the classroom to bring that up in class, if she would sign an easement agreement with them to cross her land. A young boy described building a cabin with his dad near the pipeline route. He said, “I don't want you to put the pipeline in because it would spoil our water and then all our work would be for nothing and that would break my heart.”

Several testifiers suggested that a moratorium is placed on pipeline construction until all previous pipeline leaks are cleaned up.

People also implored the PSC on behalf of the native peoples. One person mentioned the cultural devastation suffered by the Athabasca Chipewyan tribe in Alberta, Canada where the tar sands are mined. Another pointed out that we could be the next dinosaurs to die in the tar pits.

A memorable testimony appealed to the PSC's deep humanity, asking them to reject the project on the basis of its effect on climate change. “Facilitation of fossil fuels is a criminal act,” he said. “Why are people so happy to build pipelines to the global crematorium?”

Indeed, approving the pipeline would implicate the PSC in cultural genocide, not just of Native American nations, but of all people on the earth.

Each testifier was asked to put a pin on a state map showing where they were from. Before placing his pin, a Nebraska college professor pointedly asked the commission, “Where is the pin for TransCanada?”

Opponents reminded the PSC of the wrongfulness of granting eminent domain for private corporate gain. “It's supposed to be for public projects, like roads and such,” a testifier said. Using the eminent domain policy that way sets a dangerous precedent, explained an elderly landowner. “If you approve this pipeline, maybe I'll get eminent domain granted to put a hog confinement right next to your house!”

One frustrated elderly testifier was more direct. “Take your damn oil and put it where the sun don't shine!” he said.

A landowner asked the commissioners to remember their civic duty, reminding them of the first word in their titles. “You are PUBLIC service commissioners. I am that public. You represent me. I say NO to this pipeline.”

“Are you going to go down in history as the panel who stood up to this nightmare, or as the people who doomed the very people who elected you?” one person asked.

In the end, all the reasons for the PSC to deny the KXL pipeline routing permit comes down to the simple statement of one landowner in the path:  “No amount of money is worth the risk.”

Please show your support for this fight, because it's your fight too. Here are four things you can do right now:

  1. Fill out a PSC comment form by clicking hereDon’t be put off by the auto-filled two-letter state ID; you can change that. Anyone of any age, location or nationality can leave a testimony and should do so.
  2. Go here to sign up for a bus ride to join farmers, ranchers, water protectors and others in marching against the black snake on Sunday, August 6. Buses will be coming from 8 states for a 2-hour event in Lincoln, Nebraska.
  3. There will be a free Pipeline Fighter Summit (training) before the march, with lunch provided. Click here to register.
  4. You can also click here to donate to the effort to build solar panels in the path of KXL.


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