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Alex Lotorto

If Nature Is Sacred, Capitalism Is Wicked

By Jake Johnson - Common Dreams, October 3, 2016

In his remarkable study When Corporations Rule the World, David Korten recounts a meeting he attended ahead of the 2012 United Nations Conference on Sustainable Development in Rio de Janeiro, Brazil.

The meeting was led, Korten notes, by indigenous leaders who were anxious about the direction in which global environmental policy was being steered. They were also, quite justifiably, worried about who was doing the steering.

"In the conference's preparatory meetings," Korten writes, "corporatists...proposed that to save nature we must put a price on her."

It's a familiar story: Capitalism, we are often told, can be made green. Incentives can be established. The corporations previously leading the way in pollution, plunder, and exploitation can, with a few adjustments, become the world's leaders in the development of clean energy and pave the way to a sustainable future.

As is often the case, it is those who have seen up close the harm done by corporate greed who most quickly see through the facade.

"These indigenous leaders recognized that this proposal would accelerate the monopolization by the richest among us of the resources essential to human life," Korten observed. "Their position was clear and unbending. Earth is our Sacred Mother and she is not for sale. Her care is our sacred responsibility. Her fruits must be equitably and responsibly shared by all."

This conflict between capitalism and the environment is not, of course, uncharted terrain. Naomi Klein, in her bestselling book This Changes Everything, argues that an economic order predicated on the relentless pursuit of profit is incompatible with a world in which natural resources are used with the necessary care and restraint.

It truly is, as the subtitle of Klein's book notes, "capitalism versus the climate." Terrifyingly, capitalism is winning.

EcoDefense Radio: Alex Lotorto on Supporting Frontline Communities

By Ryan Clover - Eco Defense Radio, September 8, 2016

Audio File

Bio:

Alex has been the Shale Gas Program Coordinator for Energy Justice Network since 2011. Outside of his professional capacity, he has worked extensively as a volunteer organizer fighting for environmental justice in communities facing rural poverty.

Alex also has a labor union background and has been a union activist in both the private and public sectors, is a union delegate for the Industrial Workers of the World, and represents workers in unemployment compensation appeal hearings on a volunteer basis.

Main Message :

Foundations and major environmental groups (Big Greens) aren’t situated to help the people most in need and Organizers need to build their own support network if the most difficult and important work is going to get done.

What we talked about :

In this conversation Alex shares his experience working with his friends in Northeastern Pennsylvania. From working in rural communities, and with a history in labor organizing, Alex understands the importance of building support networks of our own – and not relying on large foundations or major environmental groups (Big Greens).

At first I was uncomfortable when Alex started sharing examples of how organizations like the Sierra Club can actually perpetuate the problems of fracking – I didn’t want this episode to come across as cynical. But Alex’s message isn’t cynical, it’s critically important – it’s empowering. He shares some concrete examples about how we can build support networks of our own, and has suggestions for how people working within large environmental organizations can help steer them toward supporting the front lines.

Links to stuff we talked about:

NEPA IWW Delivers A Message to Wendy's: We Want Fair Food

By Alex Lotorto - IWW Local 570, June 4, 2016

On Saturday, members of the Northeast Pennsylvania Industrial Workers of the World (NEPA IWW) picketed on Wyoming Avenue in Scranton in support of a nationwide Wendy's boycott due to farmworker abuses.

Jon Christiansen, an IWW delegate and faculty at Marywood University, and Branch Secretary Treasurer Brendan Regan delivered a letter to the Wendy's restaurant manager asking him to pass it along to his district manager, which he agreed to do. Throughout the lunch hour, the picket persuaded more than a dozen customers to leave the restaurant in support.

As of March 3rd 2016, The Coalition of Immokalee Workers (CIW) has declared a consumer boycott of Wendy's due to the company's refusal to sign on to their Fair Food Program. Not only has Wendy's refused to sign on with the groundbreaking program to address decades-old farm labor abuses, but the company also stopped sourcing their tomatoes from Florida altogether, opting instead to source their tomatoes from Mexico, where the widespread denial of human rights in the produce industry was the subject of an in-depth expose by the Los Angeles Times just one year ago.

Instead of joining the Fair Food Program and its widely-acclaimed, uniquely successful worker-driven model of social responsibility, Wendy’s released a new supplier code of conduct this past January that contains no effective mechanisms for worker participation or enforcement. Wendy’s new code represents the very worst of the traditional corporate approach to social responsibility driven by public relations concerns rather than the verifiable protection of human rights. The Northeast Pennsylvania IWW supports the CIW and their boycott, and calls on Wendy's to sign on to the Fair Food Program in order to guarantee basic human rights for farmworkers.

ABOUT THE FAIR FOOD PROGRAM: The Fair Food Program, created by the Presidential Medal-winning Coalition of Immokalee Workers, is a groundbreaking partnership among farmworkers, Florida tomato growers, and fourteen major food retailers, including McDonald’s, Burger King, and Walmart, heralded as “the best workplace-monitoring program” in the US on the front page of the New York Times. Participating retailers agree to purchase exclusively from suppliers who meet a worker-driven Code of Conduct, which includes a zero-tolerance policy for slavery and sexual harassment.

Retailers also pay a “penny-per-pound” premium, which is passed down through the supply chain and paid out directly to workers by their employers, doubling the piece rate workers receive per pound picked. Since the Program’s inception in 2011, buyers have paid over $20 million into the FFP. In 2015, the Program expanded for the first time beyond Florida to tomato fields in Georgia, North Carolina, South Carolina, Virginia, and New Jersey, and in the 2015-2016 season, the Fair Food Program expanded to two new Florida crops, strawberries and bell peppers.

Getting Trade Readjustment Allowance for Shalefield Workers

By Alex Lotorto - IWW Local 570, April 22, 2016

In 1974, The Trade Adjustment Act was passed, establishing a benefit for workers separated from their jobs due to foreign trade, Trade Readjustment Allowance (TRA). Here is a brochure from the Department of Labor with an overview of the program (Link).

The TRA benefit has been modified over the years, but currently includes extended unemployment benefits (normal unemployment compensation only extends 26 weeks), free retraining, relocation assistance if workers find jobs outside of their area, an Obamacare credit to purchase health insurance, and assistance to workers over 50. See here for specifics (Link).

It's not ideal and is a pittance compared to what workers were compensated before the downturn in shale gas production driven by both overproduction in North America and foreign imports of oil from OPEC nations. However, in lieu of any sound just transition policy to help energy sector workers after boom and bust cycles like the one we're facing nationally, TRA is worth pursuing.

For any shalefield workers who need an ally or assistance in applying for TRA benefits, the Northeast Pennsylvania Workers' Help Line is accessible to support this effort: (570) 478-3IWW or (570) 478-3499Petitioners may receive assistance in preparing the petition at their local American Job Center, by contacting the U.S. Department of Labor in Washington, D.C. at 202-693-3560 (Main Number).I took some time today to research the possibility of shalefield workers obtaining Trade Readjustment Allowance and found many recent decisions denying workers across the country laid off due to the downturn in production.

Did $200,000 Bail Keep Pipeline Activist Out of Sunoco’s Way?

By Anne Meador - DC Media Group, April 4, 2016

The Sheriff, District Attorney and a judge in Huntingdon County, PA may have stretched the law and infringed on individual civil rights in assisting a gas transmission company to get a wildlife sanctuary cleared for pipeline construction.

Sunoco Logistics Partners is in the midst of eminent domain proceedings in Central Pennsylvania to construct the Mariner East 2 pipeline. A court order favorable to the company, punitive bail set for activists resisting the clear-cut for the pipeline, plus allegations of endangerment and arbitrary arrests–one allegedly ordered by the District Attorney–point to local courts and law enforcement looking out for Sunoco’s interests.

A judge issued an emergency injunction on March 28 to allow Sunoco to proceed with clear-cutting three acres of the Gerhart family’s land, even though they are still pursuing litigation. Their supporters took to the trees on March 29-31 in an attempt to stop or delay the chainsaw crew. Three tree-sitters were backed up by a support team in a civil disobedience action “of last resort.”

Sheriff’s deputies arrested one of the property owners and two of the liaisons between the tree-sitters and law enforcement officers. For the activists, the judge set bail out of proportion to the misdemeanor charges. In one case, bail was set at $200,000.

The pipeline resisters say that the safety of the three tree-sitters was threatened, and law enforcement officers refused to stop crews from cutting down trees near them. With high wind speeds, there was danger of creating a wind tunnel by clearing a long path for the pipeline. “They told us the people should get down if they didn’t want to be cut down,” said Megan Holleran.

Liz Glunt was arrested when she crossed into the right-of-way to warn tree-cutters that they were getting too close. She met the $100,000 bond and was released the next day.

Property owner Ellen Gerhart says she wasn’t near the right-of-way when she was arrested, although she was alarmed that a tree had been felled so close to the one her daughter perched on that it brushed it on the way down. The deputies said she had been arrested because she was “in the danger zone.”

Alex Lotorto said he had been asked to come to the Gerharts’ and take on the role of police liaison. He assists landowners around the state who are facing pipeline easements with things such as getting attorneys to negotiate for them. He called a civil disobedience action like this one a last resort for landowners to consider only when nothing else has worked. “It’s a piece of leverage they have in these one-sided negotiations,” he said.

At the Gerharts’, he said he spent 3 1/2 hours discussing everyone’s intentions with police officers and rules and regulations pertaining to the right-of-way and wetland boundaries. His aim, he said, was to make sure that everyone remained safe. The state police, however, ran a background check on him and discovered that he had participated in protests like this one before.

Sheriff’s deputies arrested him and said they did so on the orders of the Huntingdon County District Attorney, according to Lotorto. (The District Attorney had not returned calls by press time.) Lotorto maintains that he never stood in the right-of-way, raised his voice or refused to answer a question.The official grounds for the arrest were that he was carrying a two-way radio. Lotorto says he used it only to communicate with others on the ground, and he was not involved in the tree-sit.

Protestors Takes To Trees As Pipeline’s Chainsaws Approach

By Reid Frazier - The Allegheny Front, March 30, 2016

Web Editor's Note: This campaign involves members of the IWW.

As the chain saws revved nearby, Elise Gerhart was literally up a tree Tuesday protesting a pipeline slated to course through her family’s wooded property.

Gerhart, 29, of Huntingdon, and about 20 protesters coalesced around the Gerhart property as a work crew—chaperoned by local sheriff’s officers—took down trees along the property. Two protesters were arrested as the work crews cleared land for Sunoco Logistics’ Mariner East 2 pipeline, which will carry natural gas liquids from Ohio, West Virginia and western Pennsylvania to the Philadelphia area.

The company was granted a right-of-way on the Gerhart’s land by a judge through eminent domain in January. Though they are appealing that decision, the Gerharts were ordered by Huntingdon County Common Pleas Court Judge George Zanik Monday to stay clear of the chain saw crews.

Elise Gerhart said she didn’t know what else to do, so she climbed a tree early Tuesday to keep the crews away from at least one tree. 

“We’ve been forced to do this because the government isn’t protecting us,” Gerhart said, wearing a helmet and sitting on a platform wedged between branches of the tree, 40 feet in the air. “These agencies aren’t doing their job to protect the people and the environment.”

Two protesters were arrested for violating the judge’s orders. Huntingdon County District Attorney Dave Smith says the protesters were Elizabeth Glunt of Altoona and Alexander Lotorto of Milford. Bail for each was set at $100,000.

The chainsaw crew was attempting to finish the cutting by March 31, the end of tree-clearing season established by the U.S. Fish and Wildlife Service to protect migratory birds and the Indiana bat.

Elise Gerhart said she would stay in the tree until the end of the week, when the tree-clearing season ends.

The Gerharts bought the property in 1982 and have participated in a state program to preserve forestland on their property.

As she watched a chainsaw crew cut down a tall tree, Ellen Gerhart, Elise’s mother, teared up.

“It’s our little part we thought we could do some good in by at least protecting three acres of Pennsylvania.” 

The Gerharts are among dozens of property owners in Pennsylvania fighting with Sunoco over Mariner East 2. The $2.5 billion pipeline travels through 2,700 properties in Ohio and Pennsylvania.

Company spokesman Jeff Shields said in an e-mail that the pipeline will carry “mostly propane and butane, with some ethane.” These liquids can be used for home heating but also as the raw materials for plastics. Shields says the ethane would be exported from the Marcus Hook industrial complex in Philadelphia overseas but eventually could be “part of other petrochemical processing units” at the complex. 

“(T)oday Sunoco Pipeline proceeded under the law and continued with our tree-felling activity in Huntingdon County,” Shields said. “We will continue to work with landowners to address their individual needs and concerns, but as the court noted, protesters do not have the right to prevent Sunoco Pipeline from conducting lawful activity.”

Dimock families win water contamination case against Cabot Oil & Gas

By Traci - Energy Justice Network, March 12, 2016

IWW members are involved in this campaign.

A federal jury awarded two couples from Dimock, Pennsylvania 4.2 million dollars after finding Cabot Oil and Gas negligent for contaminating their well water during drilling for natural gas.

The plaintiffs in the case are Nolen “Scott” Ely and his family, and Ray Hubert and his family who live next to the Elys. The Ely family has lived in Dimock since the 1800’s.

The Dimock federal civil litigation, which began under the caption Norma Fiorentino, et al., v. Cabot Oil and Gas Corporation and Gassearch Drilling Services, Inc. in 2009, and concludes under the caption, Nolen Scott Ely, et al., v. Cabot Oil and Gas Corporation, had its final verdict in United States District Court of the Middle District of Pennsylvania, located in Scranton, PA.
The panel awarded Mr. and Mrs. Ely $2.6 million and their three children $50,000 each. The Huberts were awarded $1.4 million, while another of their family members was awarded $50,000.

"It's been a battle," said plaintiff Scott Ely. "I mean, you're up against a multi multi multi million dollar company. We are the lucky ones in the case, but there are still many more families in the Dimock area who are still without the benefit of clean water.”

“This is a huge victory for Dimock families who have fighting for clean water for over six years. Finally justice has been served for Scott and Monica Ely, their three children, and their neighbors, the Huberts,” said Alex Lotorto, Shale Gas Program Coordinator for Energy Justice Network stated.

Cabot Oil & Gas states that they plan to appeal the ruling, but Lotorto said, “No matter the outcome, we have publicly disclosed all of the facts of the case for the world to see and the couples have beautiful children which is their greatest wealth.”

Except for a two year period when Cabot supplied these plaintiffs with water, since 2008, the Elys and Huberts have been living without reliable access to water and under rationing conditions. To survive day to day, these families haul water at their own expense every week for drinking, bathing and other daily basics.

Beginning in the fall of 2008, Dimock families noticed problems with their drinking water, and began to experience rashes, nausea, headaches and dizziness. A trigger point to the litigation was the explosion of Norma Fiorentino’s private water well on New Year’s Eve, December 31, 2008 due to methane gas accumulation in the well head.

The case eventually included 22 families from Dimock and Springville Townships in Susquehanna County, Pennsylvania, who sought fair compensation for damages to their property and their lives caused by Cabot’s failed natural gas drilling operations.
The travails of these plaintiffs, as well as those of other Dimock families, have been chronicled in the HBO documentaries, Gasland I and Gasland II.

The federal case number is 3:09-cv-02284-MCC.

Energy Justice Network fiscally sponsored the legal fund for the case and have been working with the family since 2009.

Trees Cut as Maple Syrup Farmers Lose Eminent Domain Battle Over Constitution Pipeline

By Energy Justice Network - EcoWatch, March 3, 2016

IWW Members have been involved in this campaign:

Guarded by heavily armed U.S. marshals, a Constitution Pipeline tree crew began felling trees in the Holleran family’s maple sugaring stand Tuesday while upset landowners and protesters looked on.

The cutting began 11 days after Federal Judge Malachy Mannion dismissed charges of contempt against the landowners for allegedly asking a tree crew that had arrived on the property not to cut the trees. The charges were dismissed due to the prosecution’s inability to show enough evidence of violation of the February 2015 order that cited eminent domain in giving Constitution Pipeline Company permission to cut on the property without landowner permission. The judge expanded on the original order, adding a 150-foot “safety buffer” to be maintained around all tree-cutting activity, effectively extending the size of the Right of Way. All visitors and family members are remaining outside of the buffer while trees are being felled this week.

North Harford Maple is a family business owned by Cathy Holleran that produces maple sap and syrup utilizing their sugarbush, which includes 1,670 linear feet of the proposed 125-foot-wide right of way.

I have no words for how heartbroken I am,” Megan Holleran, a family member and field technician for North Harford Maple, said. “We’ve been preparing for this for years, but watching the trees fall was harder than I ever imagined it would be.” She admits that she expected more compassion from the company, but was wrong. This week’s cutting will destroy 90 percent of the only sugarbush that the family owns. “They refused to see us as people and brought guns to our home,” she added.

In February 2015, Judge Mannion in Scranton ordered that the Holleran property and several others in Susquehanna County be condemned using eminent domain for the private use of Constitution Pipeline Company.

A partial Notice to Proceed with non-mechanized tree cutting was issued by the Federal Energy Regulatory Commission (FERC) on Friday, Jan. 29 for the Pennsylvania portion of the Constitution Pipeline. According to the deadline set by FERC, felling must be completed by March 31.

The Constitution Pipeline is a project of Williams Pipeline Companies and Cabot Oil & Gas to be used to transport shale gas obtained through the controversial process of hydraulic fracturing, or fracking. The right of way would be at least 100 feet wide, with additional intermittent 50 foot wide workspaces and access roads.

According to Kelly Finan on her Facebook wall, “In 2015, the Constitution Pipeline company used eminent domain to seize my best friend’s family maple stand for their natural gas pipeline in New Milford, PA. The family has not been compensated for their land. In New York, the permitting for the pipeline has not been completed, so the family argued that cutting trees on their property was preemptive. When the family politely denied tree crews access to their property last month, the company took the family to federal court in an attempt to have them fined and put in federal prison for violating the eminent domain court order. Today the company arrived on the property with assault rifle-bearing federal marshals. They cut down the trees.”

“If the American flag stands for anything,” Rich Garella said on Finan’s Facebook page, “it stands for the rights that are enshrined in the Constitution. These pipeline companies are misusing eminent domain and the courts are on the side of the companies. They are taking land, scarring our countryside and destroying livelihoods for the sake not of public use, but of private profit and nothing more.”

How To Fight a Pipeline

By Alex Lotorto - Energy Justice Network, February 16, 2016

Energy Justice Network is on the cutting edge of fighting fracking and related infrastructure in the northeast.

It's a special organizing challenge to fight pipelines, as we're fighting a line, not a point, on the map. Companies and agencies won't release data listing all impacted landowners. In Pennsylvania, we have enhanced our outreach by using GIS to overlay company pipeline maps with 911 emergency addresses obtained from each county, allowing us to identify impacted landowners.

Along the Atlantic Sunrise Pipeline in northeast Pennsylvania, we used this information to mass-mail and go door-to-door to over 200 landowners in three counties to inform them of their rights and build a landowner coalition that meets quarterly.

Our goal for landowner organizing is to have them each deny survey permission to the company (Williams Partners LLC) so that permit filing can't be completed. Then, we intend to support landowners through eminent domain proceedings by providing referrals to vetted attorneys and appraisers.

Media strategy is just as important and we have had a number of human interest stories published in local and national news about compelling cases where landowners are standing up against Williams and other companies.

In Pike and Northampton Counties, we appealed the PA Department of Environmental Protection's air permits for twin compressor stations meant to pressurize the Columbia Pipeline 1278 line that transports gas to the proposed Cove Point LNG export terminal. Both compressors emit the equivalent of a fleet of idling diesel school buses, making the local air quality especially dangerous for children's developing lungs.

During the compressor appeals, Columbia Pipeline motioned to dismiss our case and Governor Tom Wolf's attorneys agreed. However, the judge dismissed their motion and is allowing us to proceed with our arguments regarding best available control technologies, health impacts, local zoning approval, and other important considerations.

Most urgently, we're leading the cutting edge battle against the 124-mile Constitution Pipeline, a project of Williams and Cabot Oil & Gas, which is proposed to carry fracked gas from Susquehanna County, PA to Albany, NY and beyond.

On January 29, the Federal Energy Regulatory Commission permitted tree cutting to begin in Pennsylvania that must be finished by March 31 to comply with the Migratory Bird Treaty Act and Endangered Species Act as enforced by the US Fish & Wildlife Service.

We have landowners across Susquehanna County who have given our volunteers and staff permission to monitor the pipeline clearing for violations. On one property, where a sugar maple farm is producing syrup this season, we have set up a picket line where we've turned away tree crews for 16 days straight.

The picket at North Harford Maple has drawn both the attention of national media organizations like NPR and the Associated Press and legal action in federal court by the company. We're pledging to stick to it for the long haul so stay tuned for more updates!

Inspiring Fossil Fuel Resistance Action In Northeast Pennsylvania

By Ted Glick - Ted Glick's Blog, February 8, 2016

Northeast PA – Very possibly as early as tomorrow, chain-saw-armed tree cutters hired by Williams Partners, a powerful pipeline-building corporation for the gas and oil industry, will try to cut down sugar maple trees on the property of Maryann Zeffer, Cathy and Megan Holleran and their family. For 65 years they have lived on this land, and for the last ten or so they have been producing delicious, pure, Pennsylvania maple syrup from those trees.

This destruction won’t happen without a big fight. Nine days ago as I write, after FERC gave approval to Williams’ request to start tree cutting in Pa. even though Williams does not have all of the necessary approvals to build their Pa. to NY Constitution pipeline, an encampment was set up on the Zeffer/Holleran land. Every day since people have been there.

The press has been there too. TV stations in Binghamton, NY and Scranton, Pa. have done stories on this epic David vs. Goliath battle, though this one is more like strong women Davidas vs. Goliath.

I spent a very cold but inspiring day yesterday with Maryann, Cathy and Megan and about 30 other people there for some part of the day, including fracktivist heroine Vera Scoggins, who I had never met before. One of the rewarding things about a life of for-the-people activism and organizing is the wonderful people you are always meeting and getting to know.

Yesterday it looked like Williams’ tree cutters might not be getting to the Zeffer/Holleran land for a while; they had started just the day before, a number of miles away. However, just today, another crew started cutting a little more than a mile away, and the locals sent out an alert calling upon as many people as possible to show up today if possible but tomorrow for sure. They expect the confrontation to take place within 48 hours at most.

People who can get to the site should do so right away. You don’t need to be prepared to risk arrest to do so; the more people there to watch and observe and take pictures and spread the word the better.

You do need a car. Here’s the information you need, from the “Stop the Constitution Pipeline in Pa” site on Facebook:
The Holleran property is located at 2131 Three Lakes Road, New Milford, PA, but use these coordinates to find where people are gathered to stop the tree cutting: 41.8272387, -75.7585062

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