Friday, December 5, 2014

Bruce Baxter update, Bainbridge NY standoff w/Constitution Pipeline

At Bruce Baxter's property in Bainbridge NY (Wednesday)
when 2 dozen Defenders showed up to keep Constitution Pipeline (CP) crews
off the land, there was a legal determination made by the State Police that the drilling
crew from CP were legal due to a DOT permit they had in-hand.

They blockaded from Sunrise/7AM until about 11 am. Suddenly, several people
had to leave, and it seemed evident that we had scared off the crew.

However, shortly after most or all of the Defenders left, a drilling rig showed up
along with several service vehicles and a crew to direct traffic. Cops were called.
Drilling test bores for horizontal drilling required for going under the road commenced.

The "Constitution" pipeline was just issued a Certificate of Public Convenience and Necessity
by the  Federal Energy Regulatory Commission (FERC), despite that dozens of outstanding issues
raised during scoping have not been adequately addressed in the FEIS.

The question is whether the DOT owns the land, or just an EASEMENT.
IMO, this question is complex, & requires a court to determine.
Yet the police, with insufficient facts, decided the permit was legal
and chose to side with Constitution Pipelines right to drill, over the Landowner's Right to defend his land from trespass.

The State Police threatened the property owner with arrest if he did not move his truck to allow the drilling to occur. The Commander in Chief of State Police is Governor Andrew Cuomo. The officer who made the determination was Sgt. Lennon, based in Sidney.

(I think that is a little bit weird, since John Lennon (author of Sgt. Pepper, by the Beatles) used to have a farm in Sidney. Yoko Ono and son Sean Lennon have been incredible friends to the Anti-Fracking movement in NY.)


I consider this permit for the so-called "Constitution Pipeline"
really a Declaration of War against We the People
made by rogue agents within the US Government
on behalf of private, profit-seeking interests.

Why do I say FERC is a lawless, rogue agency?

1: While they theoretically must obey the Courts, and the Legislature,
in fact FERC demonstrate CONTEMPT of the people's law,
and continuously defy orders of the Federal Courts

in dozens of ways, across dozens of dockets.

e.g., Delaware Riverkeeper Network v. FERC, No. 13-1015, D.C. Cir. Feb. 6, 2013.

This case involved illegal project segmentation under the National Environmental Policy Act (NEPA) of four separate projects by the Tennessee Gas Pipeline Company  FERC was caught allowing project segmentation, which treats each project as point-sources, and thus prevents the cumulative impacts of the aggregate of related projects to be considered as is required by NEPA.

Yet FERC is still segmenting occurring across dozens of dockets.
(cf. )

FERC is allowing an EA-only fast track process for several projects producing extreme amounts of pollution

Millennium Pipeline/Columbia's Hancock Compressor, 100k+ tons per year
Arlington Storage at Seneca Lake (Inergy/Crestwood) 100k+ tons per year
Minisink Compressor (Millennium/Columbia) 100k+ tons per year
Williams Central Station, 100k+ tons per year


The DC Circuit Court ordered FERC to review this case on remand, and cautioned FERC to obey the law.

4. FERC Defies the Natural Gas Act

FERC defies the Natural Gas Act  by allowing jurisdictional facilities to be constructed (e.g., Williams Central Station in Brooklyn PA, and also the Williams Dunbar compressor in Windsor, NY) without a Certficate of Public Convenience and Necessity as is required by law, and without sanction against the operators.

FERC also defies the Natural Gas Act by continuing to issue certificates to operators like Williams which atrocious safety and compliance records. In such a case, the law demands that "the permit shall be denied", yet FERC keeps on with their rubber-stamping.

5. This is due to a loophole in FERCs regulations, which was written by the American Petroleum Institute, and included by reference into the law. That is to say, FERC has delegated important permitting authority to the very industry they are supposed to be regulating, without the consent of Congress.

6. FERC is funded by the same industry they are supposed to regulate.
(in the form of permit fees and taxes). FERC receives no funds by Congressional appropriation.

The 4 sitting FERC commissioners are committing TREASON under COLOR of Law by SUBVERSION of our Constitutional Government on behalf of profit-seeking PRIVATE INTERESTS while putting many human lives at risk.
Treason is the highest crime known to our law.

Even President Barack Obama does not have much control of FERC.But he does control the U.S. Army Corps of Engineers, Headquarters, which still must issue a wetlands permit. So there is still hope.


May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)

Don't forget to sign the
Pledge to Resist
the Constitution Pipeline:

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