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"More pipelines mean more drilling, more waste, and more spills. And when spills happen, it's communities, landowners, and tribes who are left dealing with the contamination, not the companies profiting from it," said one critic.
"We know that if this project goes through, our land and our water are in danger. Our future is in danger," warned Krystal Two Bulls, one of many community, conservation, and Indigenous group leaders speaking out after President Donald Trump granted a cross-border permit to what critics called "nothing more than an attempt to resurrect the unpopular Keystone XL pipeline."
Trump's permit for the Bridger Pipeline Expansion Project authorizes various "petroleum products, including gasoline, kerosene, diesel, and liquefied petroleum gas," The Associated Press reported Thursday, but Bridger spokesperson Bill Salvin said the company is currently focused on crude oil—550,000 barrels of which could flow daily from Canada, through Montana, to Guernsey, Wyoming, if the pipeline is completed.
"Water protectors are standing up again, like we have always done against all those who threaten Mother Earth," Two Bulls, an Oglala Lakota and Northern Cheyenne organizer from Lame Deer, Montana, and executive director of Honor the Earth, said Friday. "We fought against the Keystone XL pipeline proposed for these very same lands and won back in 2021. We will fight and win again against the Bridger pipeline."
Shortly after entering office in 2021, then-President Joe Biden revoked the presidential permit for Keystone XL—which Trump had signed during his first term—as part of the Democrat's efforts to combat the fossil fuel-driven climate emergency.
While Biden faced criticism from climate advocates for the oil and gas projects he did allow, Trump took a swipe at him on Thursday, telling reporters: "Slightly different from the last administration. They wouldn't sign a pipeline deal, and we have pipelines going up."
Trump—who campaigned on a pledge to "drill, baby, drill" and returned to the White House last year with financial help from Big Oil—also dismissed safety concerns about pipelines, saying: "By the way, they're way underground. They're not a problem. Nobody even knows they're there. It's so crazy. But they wouldn't approve anything having to do with a pipeline."
As the AP detailed:
Bridger Pipeline and other subsidiaries of True Company have been responsible for several major pipeline accidents including more than 50,000 gallons (240,000 liters) of crude that spilled into the Yellowstone River and fouled a Montana city's drinking water supply in 2015, a 45,000-gallon diesel spill in Wyoming in 2022 and a 2016 spill that released more than 600,000 gallons (2.7 million liters) of crude in North Dakota, contaminating the Little Missouri River and a tributary.
Subsidiaries of True agreed to pay a $12.5 million civil penalty to settle a federal lawsuit over the North Dakota and Montana spills.
Salvin said Bridger Pipeline in the years since the Yellowstone spill developed an AI-based leak detection system that allows it to be notified more quickly when there are problems. It also plans to bore 30 to 40 feet (9 to 12 meters) beneath major rivers including the Yellowstone and Missouri to reduce the chances of an accident. The 2015 accident occurred on a line that was constructed in a shallow trench at the bottom of the river.
A public comment submitted to the Trump administration by the legal group Earthjustice on behalf of Honor the Earth, Sierra Club, WildEarth Guardians, and a dozen other organizations acknowledges concerns about this pipeline's potential impacts to water, land, the climate, air quality, cultural resources, recreation, and more—and called for an intense federal review of the project.
"We know how this system works: More pipelines mean more drilling, more waste, and more spills. And when spills happen, it's communities, landowners, and tribes who are left dealing with the contamination, not the companies profiting from it," Rebecca Sobel, climate and health director at WildEarth Guardians, said Friday. "Oil and gas infrastructure fails every day in this country, and expanding that system only increases the likelihood of spills and long-term contamination."
Sierra Club Montana chapter director Caryn Miske stressed that "while the Trump administration kills affordable energy projects and jobs across the country, it is continuing to side with wealthy corporations and oil executives looking to increase profit regardless of the risks to Montana's treasured waterways and to families and businesses struggling with high energy costs. These policies aren't about fair or free markets, it's welfare for corporations and pollution for everyone else."
Earthjustice is also representing 350 Montana, Center for Biological Diversity, Families for a Livable Climate, Montana Environmental Information Center, Montana Health and Climate, Mountain Mamas, Red Medicine LLC, Western Environmental Law Center, Western Organization of Resource Councils, Western Watersheds Project, Wild Montana, and Wyoming Outdoor Council.
"The proposed Bridger tar sands pipeline is an environmental disaster waiting to happen," declared Jenny Harbine, managing attorney with Earthjustice's Northern Rockies office. "The Trump administration appears more than willing to limit public engagement to force this project through."
"Communities and tribes in the Northern Rockies have a right to know how this could impact their water sources, historic resources, and ways of life," Harbine added. "If the administration attempts to sidestep that legal obligation, we’ll see them in court."
Separately on Friday, Anthony Swift, a longtime leader in the fight against the pipeline and current senior strategist for global nature at Natural Resources Defense Council, said that "no matter what you call the project, the environmental concerns that animated the fight over Keystone XL are no less acute today. Keystone Light will threaten water supplies and exacerbate climate change. This is the moment to get off the oil roller coaster, not double down on the dirtiest oil on the planet."
"The Trump administration has been lobbing gifts to Big Oil since its first day in office. This is the latest in a long, long, long list of favors that show the oil industry is getting a great return on its billion-dollar investment in the president's campaign," Swift added. "President Trump has repeatedly said that America does not need Canada's oil, so we certainly don't need Keystone Light."
"Oil companies know that protest works," said Greenpeace USA's leader.
With cleanup efforts still underway in rural North Dakota on Friday after yet another Keystone crude oil pipeline spill, Greenpeace USA interim executive director Sushma Raman said that the incident "shows exactly why we need to protect protest, free speech, and the right to speak up against harm."
Keystone ruptured on Tuesday, spilling an estimated 3,500 barrels of oil into an agricultural field, according to the Pipeline and Hazardous Materials Safety Administration (PHMSA). That came just weeks after a North Dakota jury awarded Energy Transfer and its subsidiary more than $660 million in a case targeting Greenpeace for protests against the Dakota Access oil pipeline.
"We know fossil fuels are unhealthy at every stage of their life cycle. There is no fail-safe way to transport oil and gas, and the risks unfairly fall on the people who live near the route, while the company reaps the benefits," Raman said in a Friday statement. "Everyday people, public watchdogs, and advocacy groups have a right to raise their voices and criticize a corporation when their health and livelihoods are on the line."
"Yet this type of ordinary advocacy is exactly what is under attack in the more than $660 million jury verdict against Greenpeace entities in a lawsuit brought by pipeline company Energy Transfer," added Raman, whose group is appealing the March decision. "Oil companies know that protest works—which is why they're trying to make the stakes so high no one will be willing to take the risk."
"There is no fail-safe way to transport oil and gas, and the risks unfairly fall on the people who live near the route, while the company reaps the benefits."
Environmentalist David Suzuki and co-writer Ian Hanington similarly wrote last week that while Greenpeace argues that it assisted with the protests against Dakota Access "at the request of the Standing Rock Sioux, the environmental group is clearly seen as a threat to oil and gas interests and is a high-profile target for increasingly common efforts to silence opposition."
"From Standing Rock to Wet'suwet'en territory in British Columbia and beyond, militarized law enforcement agencies are relying more often on use of force against land and water defenders, and companies are resorting to tactics such as SLAPPs ("strategic lawsuits against public participation" designed to silence opponents through costly, time-consuming legal processes)," they noted. "Those working to protect land, air, water, plants and animals, and our future face an increasingly uphill battle."
The pair stressed that "the lawsuit against Greenpeace is an attack on the right to protest and speak freely. It won't be the last. We should all stand with Standing Rock, and with organizations such as Greenpeace that are working for people and the planet and holding the line against the destructive fossil fuel industry."
One expert detailed some of the industry's destruction in comments to The Associated Press about the Keystone spill earlier this week:
The spill is not a minor one, said Paul Blackburn, a policy analyst with Bold Alliance, an environmental and landowners group that fought the pipeline's extension, called Keystone XL.
The estimated volume of 3,500 barrels, or 147,000 gallons of crude oil, is equal to 16 tanker trucks of oil, he said. That estimate could increase over time, he added.
Blackburn said the bigger picture is what he called the Keystone pipeline's history of spills at a higher rate than other pipelines. He compared Keystone to the Dakota Access oil pipeline since the latter came online in June 2017. In that period, Keystone's system has spilled nearly 1.2 million gallons (4.5 million liters) of oil, while Dakota Access spilled 1,282 gallons (4,853 liters), Blackburn said.
PHMSA said Thursday that it "has dispatched a total of eight inspectors to investigate the pipeline rupture," and Keystone's operator is "voluntarily committing to full cooperation with our investigation and pledging a series of corrective measures," including "a commitment not to restart the pipeline without prior approval."
The federal agency added Friday that as of 1:00 am local time, "five vacuum trucks have recovered and removed 1,170 barrels of crude oil. Cleanup operations are ongoing. PHMSA will continue to provide updated information as we receive it."
While Republican President Donald Trump aims to revive the Keystone XL project and boost the fossil fuel industry in general, one climate champion on Capitol Hill pointed to the spill as further proof of the need to phase out planet-wrecking oil and gas.
U.S. Sen. Ed Markey (D-Mass.), the chamber's lead sponsor of Green New Deal legislation, said on social media this week: "The Keystone oil pipeline has ruptured and spilled—again. We must continue to fight for strong pipeline safety requirements and get rid of dirty fossil fuels once and for all."
"Giant corporations have and continue to weaponize ISDS—a secretive and rigged arbitration system," said Sen. Elizabeth Warren. "It's time to shut the door and eliminate ISDS from all existing trade agreements once and for all."
Prominent Democrats on Wednesday called for ending corporate-backed arbitration provisions in trade agreements as the Sierra Club issued a report showing that fossil fuel companies use the provisions to block climate action.
The report calls for the U.S. government to not only stop signing trade agreements with Investor-State Dispute Settlement (ISDS) provisions, as President Joe Biden has already done since taking office, but also end or modify existing agreements that have them. ISDS provisions allow companies to protect their investments in a foreign country and seek compensation from an ad hoc arbitration tribunal, rather than the country's courts, if they are threatened by legislation, regulation, or the cancellation of a project.
"While it has correctly rejected ISDS for future trade agreements, the Biden administration has made no effort to remove these egregious provisions from existing agreements," Rep. Lloyd Doggett (D-Texas) said in a Sierra Club statement. "Powerful multinational corporations continue abusing ISDS to intimidate countries from strengthening environmental and human rights protections."
Many ISDS cases pit powerful corporations against low- and middle-income countries, but wealthy nations are also liable to be sued. TC Energy, a multinational fossil fuel company, sued the US for $15 billion following the discontinuation of the Keystone XL pipeline project, and Canada faces a $20 billion suit over a canceled liquefied natural gas project in Québec. Overall, nearly 20% of the world's 1,206 known ISDS arbitration cases have been brought by fossil fuel companies, according to the Sierra Club report.
The investor-state dispute settlement (ISDS) regime gives polluters license to sue governments for their public interest policies, including those that would reduce the production of fossil fuels.
Now is the time to end ISDS for good.
— Iliana Paul (@iliana_m_paul) May 29, 2024
"ISDS mechanisms corruptly advance the power of big corporate polluters over the interests of the public and the planet. This new report from the Sierra Club makes it clear that ISDS's time is up," Sen. Sheldon Whitehouse (D-R.I.) said in the group's statement. He, too, is pushing the Biden administration to remove ISDS provisions from existing agreements.
While the Sierra Club report focuses on ISDS's climate impacts, the authors argue that the effects of the provisions, which give corporations extraordinary power, are much broader. "The dangers of ISDS are stark not just for climate change, but for a broad swath of public interest policies including ones related to public health, labor protections and workers' rights, green jobs policies, and more," they wrote.
Democrats voiced agreement about the broad consequences of the provisions, which have been the subject of a growing chorus of criticism by politicians and public interests groups.
"Giant corporations have and continue to weaponize ISDS—a secretive and rigged arbitration system that multinational companies use to bypass domestic courts and challenge protections for the environment, workers, and consumers around the world. It's time to shut the door and eliminate ISDS from all existing trade agreements once and for all," said Sen. Elizabeth Warren (D-Mass.) in the Sierra Club statement.
In November, Sierra Club, Public Citizen, the AFL-CIO and more than 200 other organizations called on the Biden administration to dismantle ISDS provisions between the U.S. and countries in the Americas, saying that the president should "free public interest policies from the shadow of ISDS."
That followed an April letter to Biden in which more than 300 law and economics professors, including Nobel laureate and Columbia University professor Joseph Stiglitz, called for an end to ISDS in existing trade agreements, arguing that there's a "bipartisan consensus" for such reform.
The Mountain Valley Pipeline uses pipe with illegal and unsafe corrosion-proof coating that’s “no longer fit for purpose.”
The builders of the Mountain Valley Pipeline are bringing frivolous multi-million dollar SLAPP suits—or strategic lawsuits against public participation—against pipeline protesters in an attempt to bully them into being quiet.
If only they would slap one here, because this vastly underreported coating issue really needs a lot more publicity. But that’s precisely why I doubt that they will. They don’t want anyone, least of all any real investigative reporters, to focus on their pipes’ serious coating problems.
One thing is clear, MVP has been burying, and continues to bury, illegal, dangerous pipe. A study was done which proves that this is not debatable.
The people who are forced to live within MVP’s blast zone should not have to endure the daily stress of knowing it wasn’t built safely.
Bill McKibben hit the nail on the head when he wrote that the “transition away from fossil fuels” language agreed to at COP28 could be either meaningful or meaningless depending on whether or not it is acted upon. This is similarly true for a rule written into the U.S. Code of Federal Regulations and published in the Federal Register, which is, or at least should be, a million times more legally binding than anything that came out of Dubai. That rule says that pipelines MUST be protected from external corrosion by having a protective coating which, among other things, is “sufficiently ductile to resist cracking.”
The rule exists because long sections of pipe flex a great deal between the time they are manufactured and coated at the plant and when they finally come to rest in a ditch. If the corrosion-proof coating on the pipe is not “sufficiently ductile” (flexible) to also flex when the pipe does, then it will crack. Once a crack in the coating opens up, it creates a pathway for moisture to come in contact with the steel and begin corroding the pipe. Corrosion is a leading cause of pipeline explosions. Controlling corrosion is of particular concern regarding MVP because of its huge size (42-inch diameter) and the extremely high pressure (1,480 pounds per square inch, or psi,) it will be operating under.
In 2018 three-year-old Delaney Tercero was badly burned, as were her parents and younger sister, when a pipeline exploded near their home. Delaney died two days later after what must have been an agonizing ordeal in a hospital burn unit. The pipeline that killed her exploded because of corrosion due to defective pipe coating. It was a 10-inch pipeline. MVP is a 42-inch pipeline. It also has defective pipe coating.
On January 30, 2024 there was a gas pipeline explosion in Oklahoma. It shot flames 500 feet into the air. The fire could be seen from 36 miles away, and it took hours to bring it under control. It started because of corrosion in an 8-inch pipeline and is thought to have migrated to a 24-inch pipeline based on the intensity of the fire. MVP is a 42-inch pipeline.
A 24-inch gas pipeline explosion in Oklahoma in January 2024 sends flames 500 feet into the air. MVP is a 42-inch pipeline.
In July 2023, a gas pipeline exploded near Strasburg, Virginia, next to Interstate 81, shutting down traffic in both directions for hours. It was a 26-inch pipeline operating at 777 psi. MVP is a 42 inch pipeline that will operate at 1,480 psi.
Although language was inserted into last summer’s debt deal that allowed MVP to steamroll the normal permitting process, in no way did any of that language negate the “sufficiently ductile to resist cracking” rule, which has been on the books for over 50 years. Even MVP’s own attorney said that the debt deal dealt specifically and only with permitting issues.
The key to understanding why MVP pipe is illegal lies in a study reported on in the Jan/Feb 2020 issue of Corrosion Management (CM), a publication of the Institute of Corrosion. The article (on p. 16) is not very long nor is it difficult to understand, although there may be a word or two that requires googling. Everyone should read it and print a copy for future reference, before it becomes harder to access. To do so you might have to sign up for a free 30-day subscription to Scribd. The wording in the article and the results of the study make clear that MVP pipe coating has serious, unacceptable flaws.
It should be noted who undertook the study and wrote the article. It wasn’t anti-fossil fuel climate activists. Participants and contributors included TC Energy, the company that wanted to build the Keystone XL (KXL) pipeline, and Welspun, the company that manufactured and coated pipe for both KXL and MVP. One of the authors was James Ferguson, who worked for TC Energy (formerly Trans Canada) for over 18 years and who, at the time of the study, was the director of KXL Technical Services.
The point of the study was to determine how effective applying whitewash to KXL pipes was in terms of protecting the pipe coating from ultraviolet (UV) exposure, meaning the harmful effects of the sun. Most fossil fuel pipe, including KXL and MVP pipe, is coated with a greenish fusion bonded epoxy (FBE). FBE is, and is meant to be, flexible or ductile after it is applied and dries. However, exposure to the sun will reduce that flexibility over time and the coating can become brittle and crack. The National Association of Pipe Coating Applicators (NAPCA) recommends that FBE not be exposed to the sun for more than six months.
The beginning of the CM article has a paragraph with the heading “Effects of Ultraviolet Exposure on Fusion Bond Epoxy Coatings.” It says that “previous studies of exposed weathering of FBE coating had identified that UV exposure could have a serious deleterious effect on the inherent physical properties of the coating. This phenomenon is common to all FBE coatings that are primarily designed only for below ground service.” Over time, UV exposure will give the glossy green coating applied at the plant more of a chalky green look. Prolonged UV exposure will lead to “a noticeable reduction in the coating thickness” and cause all FBE coatings to “struggle to retain their original flexibility.” The change from glossy to chalky “clearly is accompanied by an embrittlement of the coating” and “reduction of flexibility performance.”
After KXL pipe was manufactured, the pipeline came up against all kinds of opposition for numerous very good reasons. And so it got delayed for years and was ultimately killed near the end of the Obama administration. Because TC Energy was aware of the problems UV creates for FBE coating, twice during that time period the company applied whitewash to the pipe to act as a sort of sunscreen. (It’s important to note here, and then remember, that whitewash was NOT applied to MVP pipe during the six to seven years it has sat in pipe yards and along the pipeline right of way. Dated satellite images can confirm this, as can photographs taken by frontline pipeline opponents.)
Regarding MVP, Buttigieg could rightly point to Sen. Joe Manchin (D-W.V.) as the reason it is being built. But it is on the secretary and a department under his control to make sure MVP is built safely and according to legal rules and regulations.
After former President Donald Trump was elected in 2016, Keystone XL came back to life, which is what prompted the study of its whitewashed pipe. They wanted to show that the whitewash had protected the FBE coating well enough that the pipe was still usable. But that’s not what they found.
The study tested three different groups of KXL pipe, which was generally stacked five layers high. One group included pipe below the top layer. Those pipes weren’t whitewashed, but they also were shaded from the sun by the pipe above them. The coating on those pipes tested OK.
The second group of pipe was from the top layer that had been whitewashed twice, once after 18-24 months of UV exposure and again four to five years later.
The third group involved the last few feet at the ends of top layer pipe. Those last few feet were not whitewashed so as not to cover up stenciling and markings. Those top layer pipe ends received no protection from the sun, and they best represent the coating on MVP pipe.
In eight out of ten tests, the whitewashed pipe failed to attain acceptable adhesion ratings. The non-whitewashed pipe ends “exhibited complete failures” regarding the adhesion test. In addition, the coating thickness on the non-whitewashed pipe ends had been reduced by more than 50%.
Another way to evaluate how well pipe coating will resist corrosion is to perform a catholic disbondment (CD) test. “The CD results of the non-whitewashed pipe ends exposed to UV were deemed total failures,” the study found.
“The flexibility tests were all deemed failures” on both the whitewashed and non-whitewashed pipe. All the flexibility tests “demonstrated similar results of cracking within the coating” even after they reduced the severity of the flexibility test three times from 2.5 degrees to 2.0 degrees to, finally, as little as 1.0 degree.
The first sentence under “Observations” states, “All non-whitewashed pipe that was exposed to continuous UV at the storage site” was “deemed no longer fit for purpose.” Even for whitewashed pipe, the flexibility of the underlying coating was “adversely affected to the point where it was no longer acceptable.”
In 2018 at an oil and gas forum in Canada, a KXL pipeline manager said that defective coating like this is not something that can be remedied in the field but instead it requires shipping the pipe back to the plant for proper stripping, cleaning, and re-coating. This short video shows the elaborate process undertaken to properly apply FBE coating.
The slipshod method that MVP is applying to its degraded pipe coating is wholly inadequate. The “no longer fit for purpose” phrase in the Corrosion Management article basically means that the pipe has a bad case of terminal skin cancer, which is not something MVP is going to remedy with its sporadic paintbrush-applied Band-Aids.

This coating problem is far from unique to MVP. Since 2010 the fossil fuel industry has built 70,000 miles of pipelines, and they have plans to build another 70,000 miles. Most of those pipelines have been and will be fought against, resulting in pipe sitting above ground for extensive periods of time instead of getting quickly buried.
Right now pipeline giant Williams is building the Regional Energy Access Expansion (REAE) project in Pennsylvania. It will lead to a significant increase in fracking in that state, which the majority of Pennsylvanians say they don’t want. Williams is also building the Louisiana Energy Gateway (LEG) project, which will increase gas flow to the LNG export terminals that the people living along the Gulf Coast are trying to shut down. Both REAE and LEG are being built with leftover pipe from the long dead Constitution Pipeline in New York. That pipe was manufactured and coated 10 years ago, and, like MVP pipe, its coating is shot.
But apparently and naturally, after sitting out in the sun for a decade, the pipe was cheap to buy. Cheap enough that it made economic sense for Williams to ship it all the way to Louisiana from New York. In fact, a Williams executive admitted that acquiring the surplus pipe helped keep costs down, making those pipeline projects possible.
Secretary of Transportation Pete Buttigieg was recently in the news during the one-year anniversary of the train derailment in East Palestine, Ohio. He said his department was doing all it could to prevent a similar disaster from happening again. He blamed Congress for not passing helpful legislation.
Regarding MVP, Buttigieg could rightly point to Sen. Joe Manchin (D-W.V.) as the reason it is being built. But it is on the secretary and a department under his control to make sure MVP is built safely and according to legal rules and regulations. That’s the whole reason that PHMSA, the Pipeline and Hazardous Materials Safety Administration, exists. It’s up to Buttigieg and PHMSA to enforce the “sufficiently ductile to resist cracking” rule. It’s up to them to publicly explain why they are disregarding the Corrosion Management study. The fact that now, in his fourth year on the job, Buttigieg still has not even filled the top job at PHMSA makes one ask just how seriously is he regarding pipeline safety.
MVP would never get built near Manchin’s or Buttigieg’s homes. The people who are forced to live within MVP’s blast zone should not have to endure the daily stress of knowing it wasn’t built safely.
MVP and government regulators may argue that there are ways to detect corrosion and other problems before they cause harm. Yet the biggest climate disaster of 2022 was caused by corrosion and created by the same company, Equitrans, that is building MVP. That huge methane leak occurred just 10 days after the site had been inspected and no problem was detected. It took almost two weeks for Equitrans to bring the leak under control.
In 2008 five people were injured and two homes were destroyed when a Williams gas pipeline exploded near Appomattox, Virginia. It was a 30-inch pipeline operating at about half the pressure MVP will operate at. The cause of the explosion was external corrosion due to defective coating that had been compromised by rocks. An inspection undertaken shortly before the pipe exploded did not identify the corroded section of pipe.

The Pennsylvania attorney general has charged Equitrans with crimes regarding a 2018 gas explosion that severely burned a four-year-old boy and his parents, killed their dog, and destroyed their home. The explosion resulted from a leaking Equitrans gas well that the company knew was leaking somewhere, but they never bothered to determine exactly where. Equitrans even had a protocol in place to help prevent corrosion at the well, but they didn’t follow it. One Equitrans employee testified that wells were often not serviced for budgetary reasons. And after the explosion, Equitrans didn’t even conduct the legally required investigation to determine the cause.
If Secretary Buttigieg and PHMSA are going to allow 42-inch MVP to come online with degraded pipe coating, they need to be asked, repeatedly, how they square that decision with the Corrosion Management article and the KXL study. And if someday another person meets Delaney Tercero’s fate because of a MVP explosion, Buttigieg and regulators at PHMSA can blame Equitrans and Manchin… but the fault will be theirs too.
"The ISDS regime is undemocratic: It was created for and by powerful, well-organized corporations, and has served their interests almost exclusively," said one critic.
More than 200 civil society groups on Thursday called on the Biden administration to protect climate, health, and other public interest policies across the Americas by dismantling a trade regime that the United States spearheaded nearly three decades ago—giving corporations broad authority to sue governments if they claim their profit margins are harmed by public programs.
Public Citizen, Sierra Club, and the AFL-CIO led hundreds of organizations in sending the letter to President Joe Biden, urging him to take legal action to terminate the Investor-State Dispute Settlement (ISDS) system within the Americas Partnership for Economic Prosperity (APEP), a trade framework between the U.S. and 11 countries in Central and South America and the Caribbean.
As Lori Wallach and Daniel Rangel, the director and research director of ReThink Trade, explained in a column in July, "ISDS elevates multinational corporations and foreign investors to equal status with national governments."
Under 43 ISDS-enforced agreements among the 12 APEP countries, corporations have launched more than 230 legal attacks, including a demand for $15 billion from the U.S. government—funded by taxpayers—by the Canadian firm that proposed the Keystone XL pipeline.
"The ISDS regime is undemocratic: It was created for and by powerful, well-organized corporations, and has served their interests almost exclusively," said Mario Osorio, senior fellow at the Center on Inclusive Trade and Development at Georgetown University Law Center. "It also poses a real threat to the world's climate action efforts, having already been used against them."
There are currently 73 pending ISDS cases totaling $47 billion in corporate claims, the civil society groups noted on Thursday.
"ISDS claims are often in the millions or billions of dollars," the groups wrote in the letter. "An unaccountable three-person tribunal decides the fate of each case. The tribunal can even decide a company should be paid for the 'expected future profits' it may have earned in the absence of the government policy in question. The ISDS regime has been especially detrimental to public health, climate and environmental protections, Indigenous land rights, financial regulations, and democratic sovereignty."
The system, said Cathy Feingold, international director at the AFL-CIO, "creates an unfair playing field that prioritizes the needs of corporations over those of workers, their families, and the environment."
"ISDS should be removed from our trade framework and replaced with policies that promote good jobs, strong communities, and a sustainable environment," Feingold added.
The organizations acknowledged that Biden has thus far followed through on a campaign promise to not pursue new trade and investment agreements with ISDS, but as Sen. Elizabeth Warren (D-Mass.) said in a statement supporting a report on the system released last week by ReThink Trade, "future agreements are only part of the battle."
"The United States is still locked into many preexisting agreements that allow corporations to weaponize ISDS when we do something that they don't like. I'm going to keep on fighting until every last one of our trade agreements is ISDS-free," said Warren, who has previously criticized the scheme.
The senator also sent a letter to Biden this week, along with more than 40 colleagues, calling on him to remove ISDS from existing APEP agreements.
Thursday's letter came a day before Biden was scheduled to host the heads of state of Latin American countries for an APEP meeting.
The report by ReThink Trade detailed legal mechanisms that the U.S. and its APEP partners can use to terminate ISDS liability, including:
Joseph Stiglitz, economics professor at Columbia University, noted that the call to exit ISDS is "especially relevant" because Biden launched APEP partially with the aim of "fighting climate disaster and economic inequality, improving public health, [and] strengthening democracy."
"To achieve any of these goals, ISDS has to go. It is a direct hindrance," said Stiglitz. "Launching this as a group exit would be very helpful in protecting our neighbors from one of the factors that leads some countries not to exit. That is the fear, not grounded actually with much evidence but still it's a fear, that investors will see an individual country leaving the system as a signal of some sort that they're not committed to good investment. When a bloc of countries exit together, there's safety in numbers."
The civil society groups noted that "the tide is turning" against ISDS in other countries, with 10 European countries abandoning the Energy Charter Treaty due to its ISDS rights for fossil fuel companies, and countries such as South Africa, Indonesia, and India working to exit similar agreements.
"Continued movement away from ISDS by the United States," said the groups, "would be a powerful signal to other governments considering taking similar action."
The Mountain Valley Pipeline has a role to play in LNG export expansion; it also presents an enormous safety risk.
Cutting to the chase—on January 12, 2018, Robert Cooper, senior vice president of engineering and construction for the Mountain Valley Pipeline, testified in U.S. District Court for the Western District of Virginia. This part of his testimony (on p. 101) came right after a map of MVP’s route was entered into evidence.
Q: “What is the purpose of this pipeline?”
A: “This pipeline’s purpose is to connect gas supplies, predominantly in southwestern Pennsylvania and north central West Virginia, with other markets in the country by traversing the route that’s shown and connecting into Transco’s interstate system. And from there, the suppliers or owners of the gas can market it to the various markets up and down the Eastern Seaboard and over to the Gulf Coast or into Florida.”
Then on pages 102-103:
Q: “And you mentioned the final termination point is Transco. Can you explain what that is please?”
A: “That’s correct. There’s station 165 in Pittsylvania County. There are several pipelines that connect the gas system up toward the Eastern Seaboard of the country and can also traverse gas backwards. Ultimately, it can go all the way to Texas-Louisiana—you know, those other areas where there are demand centers, like industrial demand, or demand for power generation.
“There’s also interconnects with other pipelines that could carry the gas to Florida as well.”
There are a lot of reasons, legal and otherwise, to fight MVP.
Bill McKibben recently wrote an important article in The New Yorker titled “The Biden Administration’s Next Big Climate Decision,” subtitled, “The liquefied-natural-gas buildout—and fossil-fuel exports—challenge progress on global warming.”
It explains why the proposed large scale buildout of U.S. liquefied natural gas (LNG) export terminals will be a monumental mistake regarding climate change and also lead to increased costs for American consumers. McKibben reports that the Biden administration may be deciding the fate of the largest of these terminals, CP2, or Calcasieu Pass 2, this fall.
Right now there’s an LNG export terminal in Maryland, another one in Georgia, three in Louisiana, and two in Texas. According to the most current (July 2022) map shown on the Department of Energy’s website, there are plans to build at least 23 more, 14 of which have already been approved—six in both Louisiana and Texas, along with one in Florida and another in Mississippi. Seven more in LA and two more in Texas have been proposed but not yet approved.
That’s a total of 30 LNG export terminals up and down the Eastern Seaboard, from Maryland to Florida and across the Gulf Coast to Texas, all of which, according to Robert Cooper’s testimony, MVP will be able to help feed. Perhaps that is why such an extra large (42-inch diameter), extra expensive pipeline was proposed in the first place.
According to the U.S. Energy Information Administration, the Marcellus shale play in the Appalachian Basin, spanning Ohio, Pennsylvania, and West Virginia, is the
largest source of natural gas from shale in America. The American Petroleum Institute says Marcellus shale is estimated to be the second largest natural gas find in the world.
MVP, like LNG and CP2, is a climate disaster. It also presents an enormous safety risk. It’s being built up and down steep slopes where landslides have already occurred. There will be more when an unprecedented rain event, the kind we see so often these days, parks itself over the area someday. The coating on MVP pipe that is suppose to protect it from corrosion is defective, due to sitting out in the sun for 6 to 7 years, which is 10-12 times longer than the National Association of Pipe Coating Applicators (NAPCA) recommends.
This is how fusion bonded epoxy (FBE) corrosion-proof coating is suppose to look.
This is how degraded, illegal MVP corrosion-proof coating looks in October 2023 after sitting out in the sun for over six years, which is ten times longer than the coating manufacturer recommends.
As MVP gets built, huge pieces of pipe are moved around and set in place. Each time this happens, they flex. Because the coating is old and brittle, it no longer flexes with the pipe. And so, it cracks. We know this because Keystone XL (KXL) pipe, which also sat out in the sun for years, and was manufactured and coated by the same company as MVP pipe was, had its coating tested. Every single KXL sample that underwent a flexibility test cracked (p. 19). And cracked coating isn’t just unsafe. It’s also illegal, precisely because it’s unsafe. In order to be legal, corrosion-proof coating MUST be “sufficiently ductile (meaning flexible) to resist cracking”.

Even Robert Cooper, during his testimony 69 months ago (p. 134), said that pipe needed to get in the ground soon to protect the coating from the sun. Of course then it was an argument for quickly taking land via eminent domain from property owners who were unwilling to sell.
MVP will operate under extremely high pressure. When a landslide breaks it apart or premature corrosion causes a rupture as gas is propelled full throttle on its way to an LNG terminal, it will be like nothing we have seen before. MVP doesn’t just go up and down steep mountains. It goes by people’s houses and their children’s schools. Given that it took Equitrans, the company building MVP, 13 days to stop last year’s biggest climate disaster, there’s no trust that they’re on top of any situation. Their climate disaster, by the way, was an out-of-control methane leak caused by… corrosion.

The debt deal was a dirty deal, but it didn’t make MVP a done deal. They may be arresting protesters, but it is MVP that’s burying illegal pipe. There are a lot of reasons, legal and otherwise, to fight MVP. Bill McKibben’s article coupled with Robert Cooper’s testimony just gave us one more.
No one should take MVP’s word for it that the pipe is safe and they have the situation under control.
President Joe Biden has been busy lately in Hawaii and Florida dealing with after-the-fact disasters linked to fossil fuels, but there’s a fossil fuel disaster-in-waiting that he also needs to pay attention to and so far he hasn’t. Two thirds of the way through his term, he still has not bothered to nominate an administrator to lead the Pipeline and Hazardous Materials Safety Administration, or PHMSA.
This is a big problem because the builders of the Mountain Valley Pipeline (MVP) are currently burying defective, unsafe, and illegal pipe as fast as they can, which should be of particular interest to the president because when he signed the Dirty Debt Deal, MVP effectively became his pipeline. From a climate perspective MVP is, as Bill McKibben politely called it, dunderheaded. But if it’s going to get built, Biden has a personal responsibility to at least make sure it gets built safely. Right now that is not happening.
In August, PHMSA sent MVP a Notice of Proposed Safety Order (NOPSO) regarding safety problems the agency had identified. The details of the NOPSO are being worked out in consultation with MVP. No doubt pressure is being applied on PHMSA by MVP, the industry in general, and politicians like Joe Manchin to water down any safety measures that might cause a delay in getting MVP built. Whether or not career officials at PHMSA will cave under that pressure we do not yet know. But there is a lot we do know, and our knowledge will make any sort of half-baked safety order unacceptable.
Unless and until MVP can produce some legitimate test results that show otherwise, everyone should assume that MVP’s pipe coating is no different than the KXL pipe coating, meaning that it is “no longer fit for purpose.”
We know that the manufacturer of the corrosion proof epoxy coating on MVP pipes and the National Association of Pipe Coating Applicators say that the coating should not be exposed to the sun for more than six months. Even a senior MVP vice president, testifying in court *68 months ago* during an eminent domain hearing, said that they needed to quickly get the pipe in the ground so that the sun wouldn’t deteriorate the coating.
We know that MVP pipe was coated six to seven years ago and most of it was exposed to the sun for years afterward, including all of the pipe that is currently being buried.
We know that a five-decade old federal law says that all pipelines must have an external coating that protects against corrosion. Even MVP lawyer Donald Verrilli said that the debt deal doesn’t negate the requirement to comply with that law. Federal law also says that the external coating must meet certain standards, including being “sufficiently ductile to resist cracking.” Ductile means flexible.
In the January 2020 issue of Corrosion Management (p. 16) there was an article about a study done on the external coating applied to pipe intended for the Keystone XL (KXL) pipeline, which had sat out in the sun for years just as MVP pipe has. The pipe for both pipelines was manufactured and coated by the same company, Welspun.
In describing the condition of the KXL pipe coating after such prolonged exposure to the sun, the study used phrases such as “no longer acceptable,” “total failures,” “completely failed to retain their original properties and attributes,” and “no longer fit for purpose.”
On page 19 the article stated that KXL pipe coating demonstrated a “serious deterioration in its flexibility performance.” It said the flexibility tests were “deemed failures,” and that the flexibility had deteriorated “to the point where the coating was no longer acceptable.” All the flexibility tests resulted in “cracking within the coating.” Once cracking within the coating occurs, it creates a pathway to the steel pipe that water will surely find, allowing the corrosion process to begin.
Unless and until MVP can produce some legitimate test results that show otherwise, everyone should assume that MVP’s pipe coating is no different than the KXL pipe coating, meaning that it is “no longer fit for purpose.”
We take the sun for granted and often forget how powerful it is. On the plus side it has the potential to save us from runaway climate change if we quickly turn to it as an alternative to burning fossil fuels. On the other hand it can also be extremely destructive. Remember the news story about the trucker who had been on the road for 28 years? The picture of his face said it all. And now we learn that Jimmy Buffett, whose music was often about fun in the sun, has died way too soon from skin cancer.
We need, and Joe Biden needs, to take this pipe coating issue very seriously. This is a massive 42-inch diameter pipeline that will operate at extremely high pressure. Its blast zone includes schools and people’s homes. No one should take MVP’s word for it that the pipe is safe and they have the situation under control. MVP has been fined millions of dollars for hundreds of violations that have occurred so far during construction. The company building MVP was responsible for last year’s biggest climate disaster, a methane leak that they couldn’t stop for 13 days. It was caused by corrosion, and it alone wiped out the climate gains from half of President Biden’s highly touted electric vehicle sales last year.
MVP may pretend it can remedy the coating problem on site, but we’re aware of how coating is properly applied. It’s a fairly elaborate process that can only be done back at the factory (see the two minute video). Even a KXL pipeline manager said fixing defective coating couldn’t be done in the field and that it required shipping the pipe back to the plant for stripping, cleaning, and recoating.
If Donald Trump was still President, PHMSA’s safety order would probably never have even seen the light of day. But if the safety order that gets finalized on Joe Biden’s watch ends up being toothless, then the end result will amount to a distinction without a difference. The ball is in President Biden’s and PHMSA’s court.
Cleanup and assessment efforts continued Monday after a Canadian fossil fuel company's pipeline spilled nearly an Olympic-sized swimming pool's worth of crude tar sands oil into a northern Kansas creek that feeds a watershed providing drinking water for hundreds of thousands of people.
"The only safe way to transport tar sands oil is not to do it at all."
In what's being called the largest U.S. onshore crude oil leak in nearly a decade and the largest by far in the accident-prone Keystone Pipeline system's history, approximately 14,000 barrels, or 600,000 gallons, of crude tar sands oil spewed from the Keystone 1 pipeline onto surrounding land and into Mill Creek just north of Washington, Kansas at around 8:00 pm on Wednesday.
Mill Creek flows into the Little Blue River, which in turn drains into the Big Blue River, which then runs into the Tuttle Creek Reservoir before draining into the Kansas River.
Aerial footage published by Nebraska Public Media over the weekend showed the extent of the damage:
"Over 61,000 square miles of watershed in Kansas, southern Nebraska, and eastern Colorado drain to the Kansas River, the drinking water source for over 800,000 Kansans and a vital natural resource," the local environmental group Friends of the Kaw said in a statement Friday.
"This area includes the creek, rivers, and reservoir potentially impacted by this Keystone pipeline spill. While Washington County is seemingly far away from the Kansas River, disasters like this one illustrate how connected the people and places in our watershed truly are," the group added.
Calgary, Alberta-based TC Energy said Sunday that the company has "contained" the spill and "continues to progress in our response" to the accident. The firm also said it is working with federal, state, and tribal agencies in response to the spill.
"We appreciate the patience and collaboration of the surrounding community and partner agencies for their support in responding to this incident," the company added. "We recognize this is concerning to the community and commit that we will continue our response until we have fully remediated the site."
While part of the same system, the Keystone 1 pipeline--which carries an estimated 720,000 barrels of Canadian tar sands oil per day--is a separate conduit from the proposed Keystone XL extension that was defeated by Indigenous, green, and progressive activism and rejected by the Obama and Biden administrations.
The Keystone system carries tar sands oil--what the National Congress of American Indians calls "the world's dirtiest and most environmentally destructive form of oil"--from Alberta, Canada to refineries in Illinois and the Texas Gulf Coast. The pipelines are staunchly opposed by Indigenous and environmental activists, many of whom have been arrested and some of whom have been criminally charged.
Keystone XL opponents warned of the danger of leaks prior to and during its construction, which was halted last year. According to the anti-pipeline group Bold Nebraska, there have been 22 Keystone spills since 2010.
"As we wait to hear how much tar sands and toxic chemicals like benzene have polluted our water from TC Energy's Keystone 1 pipeline, it is critical to note our state and counties need better laws on the books for pipelines," Bold Nebraska founder Jane Kleeb said in a statement.
"Thankfully, landowners and tribal nations came together to stop the larger Keystone XL pipeline from cutting through sensitive areas of the Ogallala Aquifer and the Niobrara River," Kleeb added. "Now is the time to get stronger laws on the books to protect our state's assets--the land, the water, and the people."
Friends of the Kaw implored, "For the sake of the people and wildlife in Washington County and those living downstream who could be impacted, we urge TC Energy to clean up the entire spill and to take action on any later impacts that may occur as a result of their actions."
This is a developing story. Please check back for updates...
Climate campaigners on Thursday were outraged but unsurprised as TC Energy in Canada--the company behind the Keystone XL pipeline proposal defeated last year--announced the 22nd spill from its original pipeline.
"As we wait to hear how much tar sands and toxic chemicals like benzene have polluted our water from TC Energy's Keystone 1 pipeline, it is critical to note our state and counties need better laws on the books for pipelines."
The company said it had shut down the Keystone pipeline, which carries 622,000 barrels per day of crude oil, at about 8:00 pm after oil spilled into a creek near Washington, Kansas, a town of about 1,000 people.
The spill took place about 20 miles south of a junction where the pipeline splits, with one segment carrying crude oil from tar sands in Canada to Illinois and another carrying it to the Gulf Coast.
Previous Keystone spills have sent more than 383,000 gallons of crude oil into rural wetlands in North Dakota and more than 200,000 gallons into a pasture in South Dakota.
It was not yet known, as of this writing, how large the leak was or what damage had been done by the time the company shut down the pipeline.
Jane Kleeb, founder of progressive grassroots group Bold Nebraska, said the spill offers just the latest evidence that "stronger laws" are needed to stop companies like TC Energy from transporting dangerous chemicals and crude oil across the country, often putting tribal areas, waterways, and wildlife habitats at risk.
"As we wait to hear how much tar sands and toxic chemicals like benzene have polluted our water from TC Energy's Keystone 1 pipeline, it is critical to note our state and counties need better laws on the books for pipelines," said Kleeb. "Thankfully, landowners and tribal nations came together to stop the larger Keystone XL pipeline from cutting through sensitive areas of the Ogallala Aquifer and the Niobrara River."
Jamie Henn, director of Fossil Free Media, suggested the leak--like more than 8,000 other hazardous pipeline accidents that have taken place since 1986, resulting in more than 500 deaths--is precisely the kind of disaster campaigners have been warning about for years as they've pushed to shut down plans to build the Keystone XL pipeline, the Mountain Valley pipeline, and other projects.
"Pipelines leak," said Henn. "Especially ones named Keystone."
The United States is moving fast on climate change--in the wrong direction. The Energy Information Agency forecasts that by 2023, the nation will set a new annual record for oil extraction: 4.6 billion barrels. Plans to build more than 200 new natural gas power plants are in the works. More than 130 new oil and gas pipelines now under development will carry enough fuel to increase national emissions by 10 percent--560 million metric tons per year.
If that nightmare scenario unfolds, local and regional activism will not only become more essential than ever; it could be the nation's only route to climate mitigation and adaptation.
Now, freaked out by high fuel prices, the Democratic majority in Congress is pushing to accelerate this fossil fuel rush while President Biden rushes, hat in hand, to Saudi Arabia, forgetting that the kingdom is supposed to be a pariah. Furthermore, as Robinson Meyer recently wrote in The Atlantic, the party's leadership seems blissfully unbothered by the fact that Congress has failed to pass even the weakest of laws to curb climate catastrophe. And if the Democrats--having been unable to defend either voters' rights or life on Earth over the past year and a half--lose their congressional majority to the oily authoritarians in November, our already dim hopes for the federal government to reverse course and start phasing out fossil fuels could fade away altogether.
If that nightmare scenario unfolds, local and regional activism will not only become more essential than ever; it could be the nation's only route to climate mitigation and adaptation. As the republic teeters on a knife edge in coming months, "In Real Time" will be recognizing grassroots movements across the country that stand as exemplars for collective climate action. Climate is not always the chief focus of such struggles, but the movements' strategies and methods are deeply relevant.
I'll begin this month with two such examples: Native struggles against fossil fuel infrastructure and the Los Angeles Bus Riders Union.
Keeping Turtle Island's oil and gas in the ground
Last year, the Indigenous Environmental Network (IEN) and Oil Change International reported on seventeen struggles against fossil fuel infrastructure across North America that were either ongoing or had already succeeded. The potential impact of such actions on greenhouse gas emissions, they concluded, was staggering. "If [all of] these struggles prove successful," they wrote, "this would mean Indigenous resistance will have stopped greenhouse gas pollution equivalent to nearly one-quarter of annual total U.S. and Canadian emissions." An emissions reduction of that size would be like shuttering 400 coal-fired power plants or taking 345 million passenger vehicles off the road--more than all the coal plants or cars in North America. IEN wanted the continent's governments and citizens to do one thing:
[R]ecognize the impact of Indigenous leadership in confronting climate chaos and its primary drivers. We hope that such settlers, allies or not, come to stand with Indigenous Peoples and honor the inherent rights of the first peoples of Turtle Island--the land currently called North America--by implementing clear policies and procedures . . . and by ending fossil fuel expansion once and for all.
Here are just a few of the campaigns included in IEN's analysis:
The infamous Keystone XL pipeline project, which would have carried oil from Canada's tar sands south through the United States, was finally killed in 2021 after a years-long struggle led by Indigenous communities on both sides of the border.
The White Earth Band of Ojibwe continues trying to shut down the 340-mile-long Line 3 oil pipeline in Minnesota, which has already severely damaged at least three aquifers. On March 20, 2022 in the worst incident, 300 million gallons of groundwater spilled from the aquifer. The battle continues.
In 2016, the Standing Rock Sioux Tribe prevailed in the epic struggle they had led against the Dakota Access oil pipeline, but their victory in the face of appalling state violence was overturned the next year by the Trump administration. Now, tribal groups and white landowners are applying lessons learned in that struggle to block a different kind of pipeline in the same part of the country: the 2,000-mile Midwest Carbon Express Pipeline. The purpose of the pipeline would be to pump carbon dioxide collected from refineries producing climate-unfriendly fuel, ethanol, to underground storage sites throughout the region. The pipeline would not only cause extensive ecological degradation, it would also be a threat to human health in the areas it traverses.
Indigenous communities and their allies succeeded in completely scuttling a proposed Atlantic Coast Pipeline through West Virginia, Virginia, and North Carolina. Although only about 1 percent of North Carolinians belong to Indigenous communities, an estimated 13 percent of people who would have been harmed along the pipeline's route through the state identified as Native American.
The Trans-Pecos gas pipeline runs about 150 miles through Texas out of the Permian Basin, home to gargantuan reserves of oil and gas that, if burned, could produce 60 billion tons of carbon dioxide--roughly equivalent to a year and a half of humanity's total carbon dioxide emissions from all sources. The Society of Native Nations has contested this pipeline from the start, significantly slowing but so far not halting the pipeline's construction or operation.
Native communities, says IEN, will continue "fighting through lived values and principles to keep fossil fuels in the ground and protect Turtle Island."
In the front of the bus
Preventing climate catastrophe requires not only keeping oil in the ground but also keeping private vehicles off the streets and compensating for their absence with public transportation, bikeways, and walkways. Car use has been reduced this way only in a limited number of places in the United States. And people who have low personal carbon emissions because they can't afford the many costs of car ownership are obliged to commute, often over long distances, in rundown, crowded buses that might show up at your stop once an hour, if you're lucky (and that cost more every year to ride). Fixing public transportation needs to be a fast-lane issue for both climate mitigation and protecting human rights.
For 30 years, the Los Angeles Bus Riders Union has been fighting the racism that they argue is built into the city's public transit. It's an epic struggle, still far from over. In a report from the 1990s, the union noted that the city's dirty, dilapidated buses, many providing unreliable service to low-income areas, carried 350,000 riders per day, more than 80 percent of them Latinx, Black, or Asian/Pacific Islander. Meanwhile, the city's clean, new rail system was carrying only 26,000 riders per day, a majority of them white and middle class. Public subsidies were less than a dollar per bus passenger, compared with $5 to $25 per rail passenger.
Based on this and other evidence, the Bus Riders Union accused the L.A. Metropolitan Transit Authority of taking funds intended for the bus system and using them to cover construction and operation expenses for the always over-budget and underused rail system. Union founder Eric Mann wrote at the time that these disparities grew out of a longstanding philosophy within the bus system. It was, he said,
based primarily on the importance of the "choice rider." According to this line of argument . . . the main purpose of public transportation is to reduce congestion and auto emissions. Thus, it would be precisely the suburban car rider who would be targeted to ride public transportation. According to this argument, the choice rider who lives in the suburbs and prefers to drive his/her car must be attracted by better and more convenient service. On the other hand, according to the theory, services do not need to be attractive to gain the ridership of the transit-dependent since, by definition, they have no choice.
In 1994, the union took the MTA to court to block further fare increases and service cuts, accusing the agency of violating a law that forbids using federal public transportation funds in a racist manner. The court sided with the union, issuing a consent decree under which the parties were to negotiate a plan. Dubbed "Billions for Buses" by the union, the plan eventually lowered fares, replaced high-polluting diesel buses with new ones run on natural gas (no electric buses were available then), and added a million hours of annual service. But when the consent decree expired in 2006, MTA went back to raising fares and cutting service.
Tired of being taken for a ride by the city, the union scored another big upset victory in 2012, when it organized a get-out-the-vote coalition to defeat a ballot initiative called Measure J. Had it passed, Measure J would have allocated $90 billion of local government funds to rail and highway projects. It included freeway expansion in the already freeway-choked city. Mann wrote that passage of Measure J also would inevitably have led to "crippling fare increases and services for the city's bus riders," whose numbers had risen by then to half a million, and who had a median income of only $14,000 per year. More than 80 percent continued to be people of color.
The defeat of Measure J was a big victory, but a decade later the struggle continues. Last year, Bus Riders Union organizer Channing Martinez wrote about how the MTA had continued its abuse of low-income residents, even scuttling a plan that would have provided free public transportation for K-12 and community college students. He laid out the union's strategy for carrying on the struggle into the 2020s: continue spending lots of time riding the buses to organize, make more alliances, and keep the heat turned up on local officials.
The transformation of L.A.'s public transit is not yet a reality. Bus ridership was falling even before COVID-19 struck, thanks to a classic feedback loop. The city's infamous, and increasing, traffic congestion bogs down buses even more than cars, leading more bus riders to go back to driving.. Congestion then gets worse, and the bus system loses even more riders.
Public transit advocates told the Los Angeles Times that "the only lasting solution . . . is to carve out space for buses on major streets using bus-only lanes and bus rapid transit." That would improve bus service immensely and leave less space for driving and parking cars, prompting more people to take the bus. These and other solid policies are needed to accomplish what the Bus Riders Union has been demanding for three decades: an adequate system of low-emissions buses providing high-quality service to the whole city--especially to the low-income communities who have always contributed the least to global warming.
Whether it's carried out by a local movement such as the L.A. Bus Riders Union or continent-spanning drives like the Native campaigns against Big Oil and Gas, no single effort can snuff out fossil fuel extraction and consumption on its own. In the absence of a federal phase-out, however, a multiplicity of grassroots efforts like these and others, popping up and spreading across the country like bermudagrass in June, are more essential than ever.
This essay was originally published by City Lights Books as part of its "In Real Time" series.