Wanted: Bold Iowans

Dear Friends,

I’m writing with an urgent appeal. Since March of 2016, Bold Iowa has been a key leader on climate change and eminent domain. In fact, our work is recognized not just in Iowa but across the country.

Yet for Bold Iowa to continue, we need your help NOW!

Bold Iowa’s march earlier this year built new bridges in challenging conditions.

We’ve built a powerful rural-urban network of environmentalists, farmers, Indigenous communities, landowners, and property-rights advocates. But our funding is perilously tight, and we truly need your support NOW! If even 10% of those receiving this message contribute $25, that would cover 20% of our annual budget. So, please TAKE A COUPLE MINUTES TO DONATE!

Our mission to build a broad coalition to fight climate change, protect land and water, and stand up for property rights against the abuse of eminent domain keeps our awesome team busy. Beyond the importance of your financial support, if you’re feeling really bold and would like to discuss joining our team, contact me at ed@boldiowa.com.

Much of our work has focused on stopping the Dakota Access pipeline. We’re deeply saddened that oil is now running under Iowa’s precious soil and water. But this fight is far from over. The lawsuit filed by nine Iowa landowners and the Iowa Chapter of the Sierra Club is before the Iowa Supreme Court. This is a landmark case that could potentially put the brakes on the erosion of private property rights! (Read my recent blog here, and stay tuned for updates.)

Here are a few of Bold Iowa’s 2017 accomplishments:

January: We followed-up on the December, 2016 rally and march in support of the Landowner/Sierra Club lawsuit, continuing to build awareness of that lawsuit and the other pipeline fighter cases going to trial. Also, Ed and five landowners were interviewed by Eric Byler with The Young Turks in extensive national coverage of Iowa landowners’ resistance to the pipeline.

The march after the landowners’ hearing at the Polk County Courthouse, December, 2016.

February: We coordinated a statewide day of action to push back against Dakota Access, with meetings and non-violent direct action at 12 locations across Iowa, receiving extensive press coverage and resulting in four arrests during a sit-in at the Governor’s office.

March: We helped Little Creek Camp with promotion and fundraising. Also, part of Bold Iowa’s effectiveness includes plenty of “earned” media, including an appearance on WHO TV 13’s The Insiders.

April: We organized and led the eight-day, 85-mile Climate Justice Unity March to build bridges between urban and rural constituencies on climate, water and eminent domain. A national documentary crew is producing a video about the March.

Kids in Searsboro ham it up during the Climate Justice Unity March’s visit.

May: We organized the press conference for pipeline-fighter Heather Pearson’s trial in Rockwell City, which was covered by three media outlets.

June: Bold Iowa and several of our leaders are mentioned extensively in the TigerSwan memos released in detailed investigative reports published by The Intercept. The memos confirm the effectiveness of Bold Iowa’s “Bold Action Teams,” a strategy that slowed down pipeline construction considerably.

July: Working with Indigenous Iowa, we organized a rally and concert to demand pipeline accountability from Iowa’s elected leaders. The event featured renowned Native classical guitarist Gabriel Ayala.

Regina Tsosie opens the July 1 rally with song and prayer.

August: Energy Transfer Partners (ETP) filed a lawsuit against Greenpeace, Bold Iowa and other organizations claiming damages of $1 billion. Our multi-layered strategy — education, protest, marches, civil disobedience, divestment, and political action — has had a clear and profound impact. Bold Iowa is honored to be tagged in this lawsuit, the second time in the past year ETP has come after us in the courts.

September: We discovered and publicized language in the Iowa Code showing that Gov. Branstad’s latest appointment to the Iowa Utilities Board, Richard Lozier, is unfit to serve because of “gross partiality” due to his work as an attorney representing the Dakota Access pipeline.

October: We began the process of contacting candidates for Governor and US Congress, with plans to endorse candidates who are strong on climate action, committed to fighting to protect our environment, and advocate for reining in the abuse of eminent domain. We also continue to stand in court with pipeline fighters Emma Schmit, Mahmud Fitil, and Kriss Wells who, along with Heather Pearson, were arrested last year and brought their cases to trial.

Heather Pearson testifies at her trial in Rockwell City.

Finally, we’re planning a “Picnic on the Pipeline” for October 29 — stay tuned for more detail on that — and we’re launching a series of house parties on solar energy.

Wow, right?! We’ve done a heckuva lot for a small, grassroots organization! Help build on this success by stepping forward:

Thanks! Together, let’s be bold and fight for an Iowa that puts our traditional values of community, hard work, and respect for the land and water ahead of the narrow, self-serving interests of bought-and-paid-for politicians and corporate bigwigs who are trying to run roughshod over our rights and our lives.

Ed Fallon

 

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Illinois Supreme Court gets it right on eminent domain

Dear Friends,

As the battle against the Dakota Access pipeline moves from countryside to courtroom, from protest to litigation, pipeline opponents in Iowa have yet another reason to be optimistic.

Last week, the Illinois Supreme Court ruled against Rock Island Clean Line (RICL) — the Texas company proposing a 500-mile wind transmission line across Iowa and Illinois. The Court ruled unanimously that RICL is not a public utility and does not have the right to use eminent domain. Click here to read the entire ruling.

Regardless of your opinion on wind transmission lines, the Illionis decsion’s ramifications for Iowa are huge.

Keith Puntenney

To quote directly from the ruling, RICL must “own, control, operate or manage, within this State, directly or indirectly, a plant, equipment, or property used or to be used for or in connection with the production, transmission, sale, etc. of one of the specified commodities or services. Second, it must own, control, operate, or manage the plant, equipment, property, franchise, etc. ‘for public use.’ Rock Island fails to meet the first of these requirements.”

Keith Puntenney — an attorney and Webster County landowner whose property was taken by Dakota Access — points out that: “When it comes to eminent domain, Iowa law is very similar to Illinois law. In the case of the Dakota Access pipeline, no services are provided to the Iowa public. In fact, Dakota Access’ ‘product’ will not come back to Iowans at a lower cost than already exists. The only economic advantage from the pipeline inures to private parties, NOT the Iowa public at large. The Illinois case further strengthens our argument that oil and gas pipelines are not public utilities and should never have the authority to use eminent domain.”

State Rep. Bobby Kaufmann (AP Photo/Charlie Neibergall)

And here’s what Iowa State Rep. Bobby Kaufmann (R-Wilton) had to say about the ruling: “The Illinois court got it right when it sided with landowners. The court made it clear that corporations that aren’t public utilities shouldn’t be given the power of eminent domain, whether the merchant line in question is carrying wind or oil.”

In short, last week’s ruling in Illinois is a big deal! Iowa’s pipeline fight isn’t over! We’ve moved from education to lobbying to protest, and now to the courts. The appeal filed by Iowa landowners and the Sierra Club continues to move forward. Briefs and rebuttals are currently being submitted, and we expect the Iowa Supreme Court to hear the case early next year.

If, over the past three years, you’ve taken action to oppose the Dakota Access pipeline — whether you testified before the Iowa Utilities Board, wrote a letter to the editor, attended a hearing, donated money, marched or engaged in direct action — your voice and your presence are needed now more than ever.

So please: STAY INVOLVED! The Illinois ruling’s relevance to Iowa is significant. Let’s continue to raise our voices against the abuse of eminent domain, against the threat this pipeline poses to our water and land, against the damage this oil is doing to Earth’s climate.

Each week, I’ll ask you to take a specific action. Today, I ask you send a letter to the editor of your local paper, referencing some of the points presented in this blog. If you need additional information or have questions, please don’t hesitate to contact me at ed@boldiowa.com. And send me a copy of the letter you write. Thanks!

Ed

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Stand With Landowners Against the Pipeline

Dear Friends,

For me, the week that Lyssa Wade and I spent at Standing Rock was a life-changing experience. If you missed any of my daily blog posts, you can read them here:

Day 1: Our Arrival
Day 2: Surviving the Blizzard
Day 3: Building Standing Rock
Day 4: Dakota Access’ Smiling Face
Day 5: Building Solar Barns
Day 6: Water is Life

(Lyssa wrote a daily blog as well, and you can read those here.)

The other life-changing experience for me during this pipeline fight came last year, when I walked the pipeline route in Iowa. It wasn’t the walk that was transformative, it was meeting so many amazing farmers, landowners and others rooted in this beautiful land we call home. To read those blogs and hear the stories of some of the people I met, click here and Next–> to scroll.

All across the country, men and women of good faith continue to stand with our Native allies at Standing Rock. We must also continue to stand with the farmers and landowners who have fought this pipeline for over two years, often at great personal expense of time and money.

Please join us on Thursday, December 15 for what is shaping up to be a big event. There is growing national interest, too. (Check out the interview I did with Ed Schultz.)

Here’s the detail:

WHAT: Stand in Court with Iowa Landowners vs. Dakota Access
WHEN: Thursday, Dec. 15, 8:00 a.m. – 12:30 p.m.
WHERE: Polk County Courthouse, Des Moines
HEARING: 9:00 – 11:00 a.m. (Come early!)
MARCH: 11:00 – 11:30 a.m. (led by tractors)
RALLY: 11:30 a.m. – 12:30 p.m. at Cowles Commons

Click here to RSVP and to receive updates on #NoDAPL actions in Iowa: http://boldiowa.org/event/dec-15-stand-in-court-with-landowners-vs-dakota-access-eminent-domain.

I want to thank the organizations partnering with Bold Iowa on this important action, including the Sierra Club Iowa Chapter, Bakken Pipeline Resistance Coalition, and Iowa Citizens for Community Improvement.

In addition to hearing from the attorney representing farmers and landowners, the court will also hear from the Sierra Club, Iowa Chapter. The Sierra Club has challenged the Iowa Utilities Board’s decision to issue a permit for Dakota Access to construct a hazardous liquid pipeline across Iowa. They cite concerns about the alleged necessity of the pipeline, potential impacts to the environment from oil spills and the impacts of climate change.

Needless to say, dress warm. Join us as we stand united to stop the Dakota Access pipeline that is trampling sovereign rights, abusing eminent domain for private gain, and threatening our land, water and climate.

Thanks!

Ed Fallon

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Pipeline Opponents Will Continue Fight

FOR IMMEDIATE RELEASE
3:00 p.m. CST – Thursday, February 11, 2016

Contact:  Ed Fallon, 515-238-6404 or fallonforum@gmail.com
Kathy Holdefer, 515-491-8468 or kholdefer@hotmail.com
State Rep. Dan Kelley, (641) 521-9260 or dan.kelley@legis.iowa.gov
Pam & Bill Alexander, (641) 682-5905 or wha-lex55@hotmail.com

Pipeline Opponents Will Continue Fight
Vow to remain vigilant, active, engaged

DES MOINES — Iowa pipeline fighters commended the Iowa Utilities Board (IUB) for taking further time to deliberate on Dakota Access’ request for a permit to build a crude oil pipeline across 350 miles of prime Iowa farmland. It is uncertain how the process will continue to unfold, but after a week of IUB meetings, pipeline opponents made it clear they will continue to be involved, vigilant and outspoken.

“I continue to be proud of how far we have come in resisting this attack on Iowa landowner rights as well as on our soil and water,” said Kathy Holdefer, a Jasper County landowner whose land is just a few hundred yards from where the pipeline is proposed to run. “I think Dakota Access thought it would bulldoze us through this process, similar to how they want to bulldoze our land. We will continue to fight this until we drive this out-of-state, private company out of Iowa.”

“I commend the board members for taking further time to address this unprecedented and extremely damaging proposal,” said Ed Fallon, a former lawmaker who walked the length of the proposed pipeline in 2015. “Some board members’ comments concern me. But much of their inquiry is spot-on. And staff have done a decent job at presenting not just Dakota Access’ view point but the perspective of opponents as well. The fact that board members are willing to further slow down the process is encouraging.”

“I’ve opposed this project on behalf of Jasper County farmers and landowners from the beginning,” said State Representative Dan Kelley (D-Newton), who attended the IUB meeting today. “Our environment must be protected from spills – both catastrophic and chronic. Our addiction to oil may be fatal, and our focus must be on clean renewables.” Kelley wouldn’t speculate on the IUB’s eventual decision, saying it could go either way.

“Our whole family is affected by this,” said Pam Alexander, whose family owns land in Mahaska County that would be compromised by the pipeline. “It’s been nerve-wracking, not knowing what’s going on from one step to the next. It seems like we landowners are almost second-class citizens when it comes to our role in this pipeline. But I am at least glad the Board is taking time making a decision.”

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