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Friday, 14 September 2018 23:07

'Major Victory': Landowner's Legal Challenge Halts Construction of Bayou Bridge Pipeline in Louisiana

Written by Jessica Corbett | Common Dreams
Faced with a new state law that effectively criminalized peaceful protests of pipelines, activists have put their bodies and freedom on the line to oppose the Bayou Bridge project in Louisiana. Faced with a new state law that effectively criminalized peaceful protests of pipelines, activists have put their bodies and freedom on the line to oppose the Bayou Bridge project in Louisiana. (Photo: L'eau Est La Vie Camp/Facebook)

While celebrating the win, activists noted that "construction of the Bayou Bridge Pipeline continues in other parts of the Atchafalaya Basin" and vowed to keep fighting to completely shut down the project

In a "major victory" for local landowners and pipeline activists who are fighting to block the Bayou Bridge Pipeline in Louisiana, the company behind the project agreed to halt construction on a patch of private property just ahead of a court hearing that was scheduled for Monday morning.

The path of the 163-mile pipeline runs through Atchafalaya Basin, the nation's largest wetland and swamp. Local landowners and activists have raised alarm about the threat the pipeline poses to regional water resources, wildlife, and communities.

Peter Aaslestad, one of several co-owners of undeveloped marshland, filed an injunction in July alleging that the Texas-based Energy Transfer Partners (ETP) was clearing trees and trenching on his property without permission. ETP—which is also behind the hotly contested Dakota Access Pipeline—claims it has the right to the use property through expropriation, a process used to take private land for public benefit.

Monday's agreement "essentially gives us everything we would have asked for with [the injunction] request and argued for in our hearing," Misha Mitchell, a lawyer for Aaslestad and Atchafalaya Basinkeeperexplained in a Facebook video. "The company has voluntarily agreed to cease entering onto the property and to stop all construction activities on the property." 

A court hearing for the expropriation battle is scheduled for Nov. 27, meaning the company will not meet its initial deadline of completing construction by October.

"This represents a significant victory for the conservation of the Atchafalaya Basin and for the rights of private landowners who lawfully resist their property being seized for private gain," Aaslestad said in a statement.

A collective of activists fighting against the pipeline—who have created the L'eau Est La Vie (Water Is Life) floating resistance camp—celebrated the agreement as validation of their ongoing efforts to kill the project.

"We have been tased, pepper sprayed, put into choke holds, and beaten with batons to stop this illegal construction that ETP was carrying out despite not having an easement for the land," the group wrote on Facebook Monday. "While this is a major victory, construction of the Bayou Bridge Pipeline continues in other parts of the Atchafalaya Basin. We won't stop until completely shut down the Bayou Bridge Pipeline."

Protests have continued even as state lawmakers have enacted legislation that effectively criminalizes peaceful protests of "critical infrastructure," including pipeline projects. Last month, as Common Dreams reported, three kayaktivists who oppose Bayou Bridge were detained by private security, then arrested and charged with felonies under the new law.

The Times-Picayune reports that "at least 12 activists protesting the pipeline on Aaslestad's property have been arrested" under the law, which took effect Aug. 1, but the district attorney "has not yet decided whether to prosecute the protesters."

Bill Quigley, a Loyola University law professor who is volunteering as an attorney for the protesters, said they were all detained by private security before being arrested, explaining that "because they were on private property at the invitation of the owner, it's not clear that [ETP] had any right to do what they were doing, or have people arrested."

Link to original article from Common Dreams

Read 27159 times Last modified on Friday, 14 September 2018 23:13

Meet the Hosts

Rev. Rodney Sadler

Dr. Sadler's work in the community includes terms as a board member of the N.C. Council of Churches, Siegel Avenue Partners, and Mecklenburg Ministries, and currently he serves on the boards of Union Presbyterian Seminary, Loaves and Fishes, the Hispanic Summer Program, and the Charlotte Chapter of the NAACP. His activism includes work with the Community for Creative Non-Violence in D.C., Durham C.A.N., H.E.L.P. Charlotte, and he has worked organizing clergy with and developing theological resources for the Forward Together/Moral Monday Movement in North Carolina. Rev. Sadler is the managing editor of the African American Devotional Bible, associate editor of the Africana Bible, and the author of Can a Cushite Change His Skin? An Examination of Race, Ethnicity, and Othering in the Hebrew Bible. He has published articles in Interpretation, Ex Audito, Christian Century, the Criswell Theological Review, and the Journal of the Society of Biblical Literature and has essays and entries in True to Our Native Land, the New Interpreter's Dictionary of the Bible, the Westminster Dictionary of Church History, Light against Darkness, and several other publications. Among his research interests are the intersection of race and Scripture, the impact of our images of Jesus for the perpetuation of racial thought in America, the development of African American biblical interpretation in slave narratives, the enactment of justice in society based on biblical imperatives, and the intersection of religion and politics.

Rev. Rodney Sadler

Co - Chair - People Demanding Action
North Carolina Forward Together/Moral Monday Movem
Radio Host: Politics of Faith - Wednesday @ 11 am

People Power with Ernie Powell

Ernie Powell has been involved in public policy, progressive campaigns and grassroots efforts since the mid 1960's. He worked as a boycott organizer with the United Farm Workers from 1968 until 1973. He then became a community organizer in Santa Monica, California involved in affordable housing advocacy while working with others in laying the foundation for one of the most progressive local rent control measures in the country. He organized on behalf of environmental and coastal access and preservation issues in California as well. Beginning in 1993 he served as Advocacy Representative and later as Manager of Advocacy for AARP in California working on national and state issues. He left AARP in 2012 to work as Field Director for the National Committee to Preserve Social Security and Medicare in Washington D.C. In late 2013 he returned to California and started a consulting business. He is a consultant with Social Security Works and is organizing groups nationally to fight for the protection and expansion of Social Security. He also consults with the California Long Term Care Ombudsman Association on issue impacting nursing home reform. He is a frequent author for Zocalo Public Square having just authored a piece on Social Security's 80th Birthday about the early impact of the Townsend Plan in building toward the passage of Social Security. Ernie has hosted two radio shows - the "Grassroots Corner" on "We Act Radio" in Washington D.C.and "the Campaign with Ernie Powell" at Radio Titans in Los Angeles. His focus for over 25 years has been on public policy issues impacting older Americans. He is a nationally recognized expert on grassroots organizing and campaigns. He is 66 years old and resides in Los Angeles, Ca.

Ernie Powell

Radio Host
Social Security Works
Los Angeles

Radio Host - Agitator Radio

Robert Dawkins is the founder of SAFE Coalition, North Carolina located in Charlotte, North Carolina. SAFE Coalition NC is a grassroots community coalition working to build public trust and accountability in NC law enforcement. We believe that critical dialogue, citizen oversight and legislative action are required to design a safe, accountable, fair and equitable system of criminal justice in our state.

Robert Dawkins

Founder
Safe Coalition, North Carolina
Charlotte, North Carolina

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