The Ends Are Near

Dear Friends,

A few weeks ago, Lars Pearson and I were discussing the state of our country. Lars bemoaned the prospect of 3 1/2 more years of Donald Trump as president while I prognosticated that, within a year, the Tweeter in Chief will no longer occupy the White House. Our conversation ended with a friendly wager, one that Lars hopes I win.

Given the President’s response to the horrific events in Charlottesville, I’m inclined to move up the date of his premature departure. Most business and political leaders, even those in his own party, condemned the President’s remarks. Exceptions included Iowa congressmen Rod Blum and Steve King, who offered nuanced statements that belie their sympathy with the alt-right crazies. (See Kathie Obradovich’s column for details.)

So much quality commentary has been shared about Charlottesville, it’s hard to know which to recommend. If you’ve got just a couple minutes, I’d suggest this brief but powerful statement by my cousin, Jimmy Fallon. (Yeah, all Fallons are related, having crawled out of the same bog in southern Roscommon County, Ireland.)

A man or woman can’t serve effectively as president if he or she loses the trust of the American people. America’s confidence in Donald Trump was shaky to begin with. With each new offensive statement, tweet and proposal, that confidence erodes even further.

Yes, the end of the Trump presidency is near. For that, a growing majority of us are increasingly grateful.

But wait! Another end is near, relevant to climate change. This end is so delicately poised it could go one of two ways:

(1) Our rapidly-warming Earth arrives at that tipping point long predicted by scientists, where cataclysmic disruptions severely alter life on our planet. Many people will die, especially front-line communities least responsible for causing the problem. Those who survive will have no choice but to adapt. The pain will be prolonged, but humanity will be dragged kicking and screaming into a challenging but sustainable future.

(2) A different historic tipping point is achieved. Americans wake-up to the reality that we face an existential crisis like no other. The nations of the world launch the all-hands-on-deck, full-scale mobilization advocated by The Climate Mobilization. We mitigate the damage and destruction through preparedness, innovation and cooperation, arriving at that sustainable future with a lot less pain and suffering.

Ed talks with Dave Price on TV 13’s “The Insiders” this week. Click image to view video.

I’m opting for the second tipping point, and my life for the past decade has been committed to helping birth that reality. (Here’s my recent appearance on The Insiders with David Price.) Honestly, I’m surprised we aren’t there yet, given the growing number of climate indicators:

* Nearly every year sets a new record for warmest ever.

* Ice and snow in the Arctic, Antarctic and Greenland are melting at alarming rates.

* Storms are measurably stronger.

Yes, this end is near too. Just as we’ll survive Trump’s presidency, abbreviated or otherwise, we’ll survive climate change. But the longer we wait to mobilize, the uglier it’s going to get. That’s a reality none of us want to see.

So let’s kick it into high gear! Mobilize! Make those personal changes that allow you to live lighter on the Earth — and allow you to live more sustainably.

Especially, let’s convince our leaders to act NOW. School board and municipal elections are coming up. Next year’s midterm primary election is just over nine months away. Act now. Act boldly — in the streets, in the fields and in the voting booth.

Ed Fallon

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Climate Emergency justification in Pearson’s trial

Dear Friends,

Here’s the release Bold Iowa sent out on Friday about this Wednesday’s press conference, organized jointly with the Bakken Pipeline Resistance Coalition. Heather Pearson’s jury trial for her arrest last fall as part of Bold Iowa’s “Farmers Defense Camp” is significant. Read the details below, and join us on Wednesday in Rockwell City for the trial and press conference.

Heather Pearson

Please share this release with your local news outlets and circulate it through your online networks. And since a Judge sometimes postpones a trial with short notice, check this Facebook Page on Tuesday to make sure the Wednesday trial and press conference are still on.

Heather’s trial has the potential to impact pipeline fights, eminent domain law and climate change in a big way. Let’s support her and the other fighters who have taken brave stands against this unprecedented attack on our land, water and property rights!

FOR IMMEDIATE RELEASE: May 19, 2017

Contact:
Ed Fallon, Bold Iowa: 515-238-6404ed@boldiowa.org
Jessica Fears, Bakken Pipeline Resistance Coalition, 515-450-9627fearsj@gmail.com

Iowa Woman Arrested Stopping Dakota Access Construction on Iowa Landowner’s Property Taken by Eminent Domain to Plead “Not Guilty,” Citing “Climate Emergency” Justification for Trespassing

Bold Iowa’s “Farmer Defense Camp” was established with permission on eminent domain holdout landowner Shirley Gerjets’ property, a first of its kind in Dakota Access pipeline fight

Rockwell City, IA — Heather Pearson, a resident of Logan, Iowa and Water Protector who was arrested in October 2016 during a nonviolent direct action to stop construction on the Dakota Access pipeline on Iowa farmer Shirley Gerjets’ property, will plead “not guilty” to charges of trespassing in Calhoun County court on May 24.

Pearson will argue in court that a “climate emergency,” outlined in a document signed by 188 Iowa climate science faculty from 39 institutions from all over the state, justified her action to stop construction on the pipeline that is abusing eminent domain for private gain and threatening our land, water and climate.

• WHAT: Trial of Dakota Access Direct Action Participant Pleading “Not Guilty”
• WHERE: Calhoun County Courthouse, 400 Main St., Rockwell City, IA
• WHEN: Wednesday, May 24
◦ 9:00 a.m: Trial start time
◦ 12:00 p.m. / lunch break: Press conference (Note: If the trial ends before noon, participants will also be immediately available for comment.)

(Check out the video of the action where Heather was arrested, and scroll down on that page to view the “Climate Emergency” document and affidavit signinghttp://boldiowa.org/2016/11/07/climateemergency)

Under Iowa state law, “justification” is a valid defense to charges of trespassing.

All of the Water Protectors arrested on Oct. 29 were invited on Shirley Gerjets’ property with express permission, in the form of a written affidavit from Shirley. In addition to Pearson, two other Water Protectors intend to plead “not guilty” to trespassing charges stemming from the Oct. 29 action and have pending court dates in Calhoun County (Emma Stewart, of Rockwell City, IA and Mahmud Fitil, of Omaha, NE).

Meanwhile, the Dakota Access pipeline workers and private security personnel were on Shirley’s property only by power of eminent domain, which Shirley strongly opposed. Shirley also had “No Trespassing” signs posted on her property that expressly forbade Dakota Access on her land.

The court will be tasked with determining who is the victim of “trespassing,” when a landowner is actively challenging eminent domain authority granted for a pipeline easement, and yet her expressly invited guests are arrested and charged with “trespassing” on the same land where eminent domain authority is still under judicial review.

Several of those who were arrested appeared to have been physically detained not by Iowa State Patrol, Calhoun County sheriff’s deputies, or other law enforcement, but rather by men wearing yellow jackets believed to be private security hired by Dakota Access Pipeline.

Were these private security “deputized” by Calhoun County law enforcement, the state of Iowa, or some other authority to detain citizens? The court must determine on what authority these security personnel were acting, and whether their actions constituted false imprisonment.

“In Iowa, eminent domain has always been intended strictly for public purposes,” said Bold Iowa director Ed Fallon. “And in 2006, during my last session as a state lawmaker, House and Senate members voted overwhelmingly to further strengthen eminent domain law in response to the ‘Kelo’ U.S. Supreme Court ruling. Given that amended law, this lawsuit makes a powerful case that Dakota Access violated the law. Those of us invited onto the land by the property owner had every right to be there.”

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