Civil Disobedience on Trial: The Story of Bidder 70

Tim DeChristopher at PowerShift 2011. Photo by Linh Do.

This week, the saga of Bidder 70 reached a climax when activist Tim DeChristopher was sentenced to two years in prison for his interference with a government land auction. The direct action has made him a hero of the environmental justice movement and a target of the federal government.

The Background

On December 18, 2008, Tim DeChristopher, an economics student at the University of Utah, showed up at a federal land auction in Salt Lake City. As a parting gift to the fossil fuel industry, the Bush Administration was leasing hundreds of thousands of acres in Utah for oil and gas drilling.

DeChristopher walked in planning to protest the auction and get thrown out by security. He walked out as Bidder 70, the winner of nearly $1.8 million dollars of oil and gas leases. And under arrest.

It didn’t matter that the land auction was invalid from the beginning. Or that the Obama Administration later cancelled most of the leases. DeChristopher’s goal in delaying and drawing attention to the auction had been realized, but he still owed the Bureau of Land Management almost $2 million.

With the help of Patrick Shea, who directed the BLM under Clinton, Tim raised the necessary funds much faster than he had expected. But the BLM refused his payment.

The Trial

DeChristopher was charged with one count of False Statement and one count of violating the Oil and Gas Leasing Reform Act. From the beginning the prosecutors’ goal was to make an example of him. Their reports insisted that the sentence should “effectively communicate that similar acts will have definite consequences.”

As the trial progressed, it became clear that a guilty verdict was inevitable, maybe even predetermined. The prosecution claimed that DeChristopher had “obstructed lawful government proceedings,” but the defense was forbidden to point out that the auction was not a lawful proceeding. DeChristopher was not allowed to mention that he had offered an initial payment to the BLM. Nor was he allowed to explain the moral motivations behind his action, including climate change.

He told DemocracyNow:

I was able to talk about what my intent was there at the auction… But I wasn’t able to introduce any evidence that supported what I was thinking. I wasn’t able to introduce anything that happened before December 19th, about the corruption within the Department of the Interior in the Bush administration, or anything that happened after December 19th…So, I was only able to throw my views out there as unsubstantiated claims of what I was thinking.

In short, the government prevented DeChristopher from saying anything that would have made his actions appear justified. And the only truly neutral party, the jury, never heard the whole story.

Legal details aside, there’s an infuriating irony in Tim DeChristopher’s conviction. If he had killed 29 people by letting a coal mine explode, or buried a river in toxic chemicals, or somehow given thousands of people cancer, then it would make sense for him to be going to jail.

If Tim DeChristopher’s negligence had helped cause the biggest environmental disaster in U.S. history, wrecking the lives of countless people, a prison term would be justified. If he had poisoned an Amazon community with oil drilling waste, or conspired to blow up hundreds of mountains in Appalachia, we’d be screaming for his head.

But in reality, DeChristopher is going to prison for bidding in an auction and starting a book club, among other atrocities. Meanwhile, the people (remember, corporations count as people now) who do the things listed above carry on with an encouraging nod from the authorities.

The Impact

Of course, we know the real reason for Tim’s sentence. The prosecutors told us, “To be sure, a federal prison term here will deter others from entering a path of criminal behavior.” That “criminal behavior” is also known as civil disobedience, and the government’s response has been known by another name: intimidation.

If you read DeChristopher’s speech from the sentencing (and you definitely should), you’ll see that his political stance was central to the trial:

The reality is not that I lack respect for the law; it’s that I have greater respect for justice. Where there is a conflict between the law and the higher moral code that we all share, my loyalty is to that higher moral code. I know Mr. Huber [the prosecutor] disagrees with me on this….

This philosophical difference is serious enough that Mr. Huber thinks I should be imprisoned to discourage the spread of this idea.

When you read the rest of the speech and see the reactions from the groups that stood behind Tim, you will see the trial has not intimidated their movement, but galvanized it. The dozens of activists that protested at the sentencing, including the 26 that were arrested in Salt Lake City, were not intimidated. The folks signing up to resist the Keystone XL pipeline weren’t intimidated. Nor were the tree-sitters holding off blasting on Coal River Mountain.

And, if Tim DeChristopher himself, who will spend the next two years behind bars, was intimidated, he didn’t show it:

This is not going away. At this point of unimaginable threats on the horizon, this is what hope looks like. In these times of a morally bankrupt government that has sold out its principles, this is what patriotism looks like. With countless lives on the line, this is what love looks like, and it will only grow.

Is Global Warming Making Tornadoes Worse?

[RYSE cross-post]

Like most natural disasters, the tragic tornadoes in the Southeast and Midwest have triggered a veritable storm of media attention. One question that has come up repeatedly in both mainstream and environmental outlets is this: Could global warming be making tornadoes stronger and more frequent?

Joe Romm, one of the Web’s most thorough climate bloggers, published a detailed post on the subject. He quoted two scientists “who have done more research and publication on extreme weather and climate change than most,” Kevin Trenberth and Tom Karl. Trenberth is head of the Climate Analysis Section of the National Center for Atmospheric Research, and Karl is the director of NOAA’s National Climatic Data Center.

Karl explained that, while several studies show that conditions favorable for tornadoes are more common with more greenhouse gases, “the results are not conclusive.” However, “…what we can say with confidence is that heavy and extreme precipitation events often associated with thunderstorms and convection are increasing and have been linked to human induced changes in atmospheric composition.”

Trenberth, meanwhile told the New York Times that “it’s not the right question to ask if this storm or that storm is due to global warming, or is it natural variability. Nowadays, there’s always an element of both.”

April 2011 did set a new monthly record of 875 tornadoes in the U.S., which coincided with record high temperatures throughout the world. We know the climate is changing, so it seems logical that tornadoes, which are part of the climate, should be affected. But overall, it seems that the specific connection between greenhouse gases and tornadoes has not been explored deeply enough to produce a definite answer.

We must not lose sight of the big picture, though. We’re seeing not just tornadoes, but also record droughts and wildfires, unusually heavy rainfalls, historic floods, and deadly heat waves, in the U.S. and throughout the world. In addition, NOAA has reported that our current emissions path could lead to semi-permanent Dust Bowls in the Southwest and other regions. Experts have been warning for years that climate change would make events like these more common, and in this case, the connection with greenhouse gases is well understood.

Whether or not monster tornadoes add to the proof that our climate is disrupted, they show, painfully, how much our civilization relies on a stable environment, and how dramatic changes in weather patterns can cause damage that even the wealthiest nations struggle to shake off.

Bill McKibben showed us the big picture in his piece for the Washington Post:

Caution: It is vitally important not to make connections….It is far better to think of these as isolated, unpredictable, discrete events. It is not advised to try and connect them in your mind with, say, the fires now burning across Texas—fires that have burned more of America by this date than any year in our history. Texas, and adjoining parts of Oklahoma and New Mexico, are drier than they’ve ever been—the drought is worse than the Dust Bowl. But do not wonder if it’s somehow connected….

There have been tornadoes before, and floods—that’s the important thing. Just be careful to make sure you don’t let yourself wonder why all these records are happening at once: why we’ve had unprecedented megafloods from Australia to Pakistan in the last year. Why it’s just now that the Arctic has melted for the first time in thousands of years….

Because if you asked yourself what it meant that the Amazon has just come through its second hundred-year-drought in the last four years, or that the pine forests across the western part of this continent have been obliterated by a beetle in the last decade—well, you might have to ask other questions. Like, should President Obama really just have opened a huge swath of Wyoming to new coal-mining? Should Secretary of State this summer sign a permit allowing a huge new pipeline to carry oil from the tar sands of Alberta? You might have to ask yourself: do we have a bigger problem than four-dollar-a-gallon gasoline?

….Better to join with the US House of Representatives, which earlier this spring voted 240-184 to defeat a resolution saying simply “climate change is occurring, is caused largely by human activities, and poses significant risks for public health and welfare.” Propose your own physics; ignore physics altogether. Just don’t start asking yourself if last year’s failed grain harvest from the Russian heatwave, and Queensland’s failed grain harvest from its record flood, and France and Germany’s current drought-related crop failures, and the death of the winter wheat crop in Texas, and the inability of Midwestern farmers to get corn planted in their sodden fields might somehow be related. Surely the record food prices are just freak outliers, not signs of anything systemic….

If you got upset about any of this, you might forget how important it is not to disrupt the record profits of our fossil fuel companies. If worst ever did come to worst, it’s reassuring to remember what the US Chamber of Commerce told the EPA in a recent filing: there’s no need to worry because “populations can acclimatize to warmer climates via a range of range of behavioral, physiological, and technological adaptations.” I’m pretty sure that’s what they’re telling themselves in Joplin today.

Enough said.

Videos of PowerShift 2011 Keynote Speeches: Bill McKibben, Tim DeChristopher, Van Jones and More

For those of you who didn’t make it to this year’s momentous PowerShift in D.C. (and missed the live streams), here are the videos of several keynote speeches. In no particular order: 350.org founder Bill McKibben, oil lease disrupter and PeaceUp organizer Tim DeChristopher, clean energy and civil rights advocate Van Jones, Green for All CEO Phaedra Ellis-Lamkins, and EPA admin Lisa Jackson.

For more videos, you can check Energy Action Coalition’s YouTube page.

Official Global Warming Debunking Tool by Matt Davies

With a rare snow currently blanketing the South, I thought it would be a good time to bring out this global warming cartoon by Matt Davies. (For a more serious reply to the cold-weather-disproves-global-warming argument, see Skeptical Science.)

Via ClimateProgress.

350 Earth Aerial Art Show: A Planetary Vision of a Planetary Challenge

Over the past week, thousands of people in thirteen countries staged the world’s first art show visible from space. Coordinated by 350.org, the project included aerial installations from Los Angeles to Egypt to Icleland. Like October’s Global Work Party, this event highlighted our species’ vulnerability to climate change–and our ability to find solutions. DigitalGlobe, a Colorado-based aerial imaging company, photographed the formations with satellites 400 miles above the equator.

Red Polar Bear by Bjargey Ólafsdóttir, Langjökull Glacier, Iceland

The project ended November 27, just in time for the UN climate conference in Cancun.

Radiohead’s Thom Yorke, who organized an art piece in Brighton, England, explained on his site,

The plan is to make images visible from the skies to remind those in Cancun that we’re running out of time. We can’t keep putting this off.

Thom Yorke's image of King Canute in Brighton, UK

While it’s exciting to see a climate-activism event on this scale, it is clear that no amount of artistry can take the place of a comprehensive international effort to reduce carbon emissions. However, widespread change does not often begin at the political apex, and it does not often survive without popular support.

From a HuffPost oped signed by Bill McKibben; hip-hop innovator DJ Spooky; urban artist Jorge Rodriguez-Gerada; and Santa Fe Art Institute director Diane Karp:

You might ask: so what? Don’t we really need new engines and turbines? And the answer is: of course. But we won’t get them, not in numbers sufficient to make a difference, until we’ve really woken up to the danger at hand.

Waking people up is one of the tasks at which artists excel. And in this case, the medium really is the message. By using, for the first time, the whole earth as a canvas, they’ll be reminding all of us the one root truth of the global warming era: we really do live on aplanet.  A planet, just like Mars or Saturn, where the gaseous composition of the atmosphere determines whether life is possible. And just one planet—not the separate nations and classes we think we inhabit, but a round piece of rock with one atmosphere where the carbon we pour skyward mixes invisibly to set the temperature….

We won’t solve this crisis with images. But maybe we can help build the pressure for politicians and businesspeople to act. There’s a movement building the world around, and it can’t appeal to the head alone.

Climate Elephant by Daniel Dancer, New Delhi, India

You can view more photos from the planetary art show on the 350.org Facebook and Flickr pages.