Tribal Members Opt to Contest Nuisance Beefs

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Eighteen of 28 Nez Perce arrested during megaload protests enter denials to charges.

At least 18 of the 28 Nez Perce tribal members charged with creating a public nuisance during protests against a megaload shipment last month will fight the charges in Nez Perce Tribal Court.

At their individual admit-deny hearings on Friday morning, September 20, in Lapwai, Nez Perce Tribal Executive Committee members Brooklyn Baptiste, 41, Leotis McCormack, 31, Anthony Johnson, 43, Albert Barros, 61, and Samuel Penney, 58, joined Greg L. Crow, 38, Ciarra S. Greene, 24, Delrae Kipp, 44, David F. Penney, Angela R. Picard, 32, Sally R. Rohan, 19, Lucy A. Samuels, 23, Paulette M. Smith, 44, Carla J. Timentwa, 56, and Nicole S. Twomoon, 29, in denying the veracity of the charges against them.

All were arrested following the August 5-8 protests of an Omega Morgan megaload shipment.  The transport firm encountered four nights of protests, while hauling an evaporator through the Nez Perce Reservation on U.S. Highway 12, en route to the Canadian tar sands.

Executive committee member Joel Moffett, 34, did not appear in court on Friday but did enter his denial to the charge, essentially an innocent plea, with Chief Nez Perce Tribal Court Judge Bruce Plackowski.

Executive committee Chairman Silas Whitman, 71, also did not appear in court but “accepted” the charge, pleading guilty and receiving a $100 fine. Continue reading →

Tunes with ‘Tude

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Jeanne McHale

Jeanne McHale

Galactic Tofu Farmers

Galactic Tofu Farmers

Undiscovered Country

Undiscovered Country

Proceeds from fundraising concert will go to Nez Perce tribal members arrested in megaloads protest.

Area protestors captured national headlines in August by obstructing megaload shipments through the Nez Perce-Clearwater National Forest bound for the Canadian tar sands.  A parade and benefit concert on Friday in Moscow will support and aid those arrested.

“We want to express our appreciation and show our solidarity with the Nez Perce people who worked so hard,” says Jeanne McHale, a member of Wild Idaho Rising Tide and Friends of the Clearwater, two of four Moscow-based environmental groups sponsoring the event.

Several Moscow environmentalists joined tribal members in protesting the use of a wild portion of U.S. Highway 12 as an industrial corridor.  Twenty-eight Nez Perce tribal members were charged on September 12 with public nuisance infractions, after last month’s protests against an Omega Morgan megaload shipment traveling through the Nez Perce Reservation.  Those arrested included eight members of the Nez Perce Tribal Executive Committee.  Funds raised will go toward the protest, travel, and legal efforts and expenses of those arrested.

“Moscow has become something of a sacrifice zone for Highway 12.  When things did not go well there, loads came through Moscow,” McHale, a board member of Friends of the Clearwater, says of past protests against megaloads in the area. Continue reading →

WIRT Newsletter: Late September Happenings

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Late September Happenings

* Forest Service Issues Closure Order for Megaloads on Highway 12 (September 18 Spokesman-Review)

This closure applies only to Omega Morgan megaloads, which may now use Highway 95 instead, and could be lifted by the Forest Service when it completes its corridor impacts review and Nez Perce tribal consultation.

* Cargo Contractors Company Megaload Schematics

A heavy haul transporter based in Compton, California, wants to ship three massive refinery vessels, weighing over 1,100,000 pounds, measuring up to 324 feet long, and requiring two push trucks, from the Port of Lewiston to Great Falls, Montana, by November.

* Weekly Wild Idaho Rising Tide (WIRT) potluck/meeting at 7 pm on Thursday, September 19, at the WIRT Activist House, to discuss tactics and strategies for possibly impending Highway 95 megaloads and organization of other upcoming events

* Chasing Ice time-lapse video documentary depicting vanishing global ice cover at 7 pm on Thursday, September 19, at Grace Lutheran Church, 3434 Sixth Street in Lewiston (see the Chasing Ice PSA & Poster)

* Arraignment of  28 arrested mostly Nez Perce tribal megaload protesters on public nuisance infractions (unlawfully obstructing movement on a public highway) at 9 am on Friday, September 20, in Nez Perce Tribal Court, 149 Lolo Street in Lapwai  WIRT is stilling searching for carpoolers from the Palouse: contact us!

* At the Benefit Concert for Nez Perce Megaload Protesters, at 7 pm in the Unitarian Church, 420 East Second Street in Moscow (after the 6:30 parade from Friendship Square), the presence of a New York Times reporter gives us one more incentive to shine and give graciously.  Our small-town party just went big-time, besides coverage through the nationally broadcast, Monday, September 16 Flashpoints interview of Helen Yost.  Maybe our Moscow megaload protests will finally garner some broader recognition, albeit as an eternal side-kick to the Highway 12 saga, and people will take to the streets on other megaload routes…

* Tunes with ’Tude (September 19 Lewiston Tribune Inland 360 article about the benefit concert) Continue reading →

Omega Morgan on Highway 95?

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WIRT activists, friends, and supporters,

On Saturday, September 14, around Tensed, Idaho, a regional activist spotted an Omega Morgan ‘pole truck’ measuring height clearances on U.S. Highway 95.  Allies have submitted public records requests about the situation that implies that the Hillsboro, Oregon, transport company is considering either moving the second evaporator stored in a warehouse at the Port of Wilma, Washington, or hauling its remaining eight to ten proposed megaloads up the highway to the Hangingstone steam assisted gravity drainage tar sands mining facilities under construction southwest of Fort McMurray, Alberta.  Omega Morgan and its contractors would still need to submit the appropriate documents and receive travel permits from the Idaho Transportation Department for such ventures. Continue reading →

Cargo Contractors Company Megaload Schematics

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As mentioned in the August 27 Lewiston Tribune article, Megaload Ban Could Cost General Electric Millions, the Highway 12 megaload route “continues to attract attention from other shippers.  Leon Franks, of Contractors Cargo Company based at Compton, California, said his company wants to ship three massive refinery vessels from the Port of Lewiston to Great Falls, Montana, by November.  He said the route is vital for the movement of large equipment like refinery vessels, wind turbines, and power plant generators that provide electricity and fuel for a growing population.”

Thanks to the public records requests of our allies, here are the schematics of the three Contractors Cargo Company megaloads, weighing over 1,100,000 pounds, measuring up to 324 feet long, and requiring two push trucks:

43 Hydrotreater Great Falls Montana REV1 CA

43 Hydrtreater Great Falls Montana REV2 Idaho

51 Hydrotreater Great Falls Montana REV3

Benefit Concert for Nez Perce Megaload Protesters

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August 5 Nez Perce Blockade - Shannon Jackson

At 7 pm on Friday, September 20, four Moscow conservation and activist groups are co-hosting a benefit concert at the Unitarian Universalist Church of the Palouse, 420 East Second Street in Moscow, Idaho.  The event seeks to raise appreciation, solidarity, and funds for the protest, travel, and legal efforts and expenses of arrested Nimiipuu (Nez Perce) anti-megaload activists.  Starting at 6:30 pm after the weekly peace vigil, the Moscow Volunteer Peace Band will lead a parade, perhaps joined by Nimiipuu drummers, gathering participants from Friendship Square through downtown to the church.  The festivities open with original, politically-charged music by Jeanne McHale and assorted singers, including megaload songs and an audience performance of the Wild Idaho Rising Tide (WIRT) anthem, The Tide is Rising.  Nez Perce speakers will next describe their megaload resistance, and tribal drummers will share songs and chances to partake in round dances.  The local bands Galactic Tofu Farmers and Undiscovered Country will play original Americana and folk rock music to activate hearts, minds, and feet until 11 pm.  Throughout the evening, the co-sponsors will offer free snacks and inexpensive beer, wine, and non-alcoholic drinks provided by Mikey’s Greek Gyros and the Wine Company of Moscow.  Wild Idaho Rising Tide, Friends of the Clearwater, Palouse Environmental Sustainability Coalition, and Palouse Group of the Sierra Club welcome everyone to contribute voluntary five dollar or more donations for admission and courageous, arrested Nimiipuu allies. Continue reading →

WIRT Newsletter: Lapwai Meeting & Teach-In, Megaload Hearing & Injunction​, Protester Charges, SAGD Response, & Benefit Concerts

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Fellow megaload resisters,

Friday, September 13, 5 pm: Megaload Meeting

Nez Perce tribal and non-tribal activists are holding a gathering at 5 pm this Friday, September 13, at Lapwai City Park in Lapwai, Idaho, to discuss ideas and plans for protester court cases and next megaload movements on Highway 12.  Judge Winmill today granted a preliminary injunction against only Omega Morgan megaloads using Highway 12, in response to the Monday, September 9 federal court hearing that the tribe and Idaho Rivers United brought against the Forest Service.  Attorneys with the American Civil Liberties Union (ACLU) in Boise will attend this meeting, to assist the 28 tribal members who were arrested while protesting the last Omega Morgan megaload shipment in early August.  At no cost, ACLU representatives may also provide a training to advise the tribe and community about the legal aspects of conducting civil disobedience.  They could also coordinate on-site legal observers to document protests, if and/or when the next tar sands module currently parked at the Port of Wilma or other megaloads pursue passage on regional highways.  This precautionary activist practice and legal protocol assures better protections and outcomes for arrested protesters, who should talk with attorneys before making any statements or decisions about charges.  Contact the Boise office of the ACLU at 208-344-9750, extension 1202, with your questions.  Nez Perce T-shirts printed at the start of anti-megaload struggles three years ago will also be available at this convergence.  Participants invite everyone attending to bring cold water or drinks in anticipation of high temperatures.  Palouse area carpools depart the WIRT Activist House at 4 pm.

Sunday, September 15, 4 pm: Megaloads Teach-In

Nimiipuu (Nez Perce) Nation community members who are concerned about the recent tar sands megaload protests that occurred on August 5 through 8, 2013, encourage and welcome youth, elders, and people of all ages to participate in a community discussion at The Cave, 118 Main Street in Lapwai, Idaho, from 4 to 6 pm on Sunday, September 15.  The teach-in aims to provide the Nimiipuu Nation and community with information and background about the megaloads and the history of Nimiipuu activism, including the perspectives of nation members who wish to share their knowledge on this topic.  Along with dialogue about why the Nimiipuu Nation wants to stop the megaloads and support other indigenous communities in their struggles against tar sands exploitation, facilitators will host a community forum on this issue.  This second teach-in will also offer updates on the federal court case and legalities, in the aftermath of the September 9 hearing in Boise and the September 13 temporary injunction.  Please bring an open mind, positive attitude, and ideas for next steps.  For further information, see the Caywaaspoo Megaload Teach-In Flyer 9-15-13 and contact Ciarra Greene at ciarrag@nezperce.org.  Moscow/Pullman area carpools depart the WIRT Activist House at 3 pm.

Federal Judge Orders Injunction Blocking Highway 12 Megaloads (September 13 Spokesman-Review Eye on Boise)

Sacrifice zone activists opposing alternative tar sands supply routes are always leery when our regional allies proclaim victory while we continue frontline resistance.  Like the Montana court decision on ExxonMobil loads, Judge Winmill’s ruling applies only to Omega Morgan transports.  Another hauler, Contractors Cargo Company, “wants to ship three massive refinery vessels from the Port of Lewiston to Great Falls, Montana, by November”.  But Judge Winmill’s memorandum decision implies that the Forest Service should enforce Highway 12 closure, ironically beyond the Nez Perce Reservation, until the agency has conducted its corridor review and consulted with the tribe.  His order states, “In accordance with the memorandum decision set forth above, now therefore it is hereby ordered that the motion for preliminary injunction is granted.  It is further ordered that the Forest Service issue a closure order to Omega Morgan pursuant to the Forest Service’s authority under 36 U.S.C. § 261.50.  The closure order shall close Highway 12 between mileposts 74 and 174 to any Omega Morgan megaload, and shall remain in place until the Forest Service has conducted its corridor review and consulted with the Nez Perce Tribe.  It is further ordered that the parties may contact the court’s clerk to set up an evidentiary hearing if necessary.” Continue reading →

28 Tribal Members Charged in Megaload Blockade

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Eight Nez Perce leaders among the accused, may be forced to step down

Twenty-eight Nez Perce tribal members were charged with public nuisance infractions Wednesday in Nez Perce Tribal Court.

The charges came more than a month after arrests were made during the August 6 to 8 protests of an Omega Morgan megaload shipment traveling to the Canadian tar sands via U.S. Highway 12 through the Nez Perce Reservation.

Those arrested included eight members of the Nez Perce Tribal Executive Committee: Chairman Silas Whitman, 71, and members Brooklyn Baptiste, 41, Leotis McCormack, 31, Daniel Kane, 55, Joel Moffett, 34, Anthony Johnson, 43, Albert Barros, 61, and Samuel Penney, 58.

According to tribal court documents, those who were arrested allegedly “entered upon the eastbound lanes of Highway 12 while traffic was attempting to proceed and refused to leave the highway” around midnight August 6 near the Clearwater River Casino.  Public nuisance is defined as unlawfully interfering with, obstructing, or rendering dangerous for passage a public street, highway, or road, according to court documents. Continue reading →

Inventor Says Megaload Does Good

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William Heins built massive evaporators that clean water and reduce waste

The inventor of the giant water evaporators at the center of the most recent megaload battle said the equipment is unfairly associated with the harshest extraction methods being used at oil fields in the Canadian tar sands region.

William Heins, vice president and general manager of the Bellevue, Washington-based Resources Conservation Company International (RCCI), a subsidiary of General Electric Company, said the equipment is used in facilities that pump oil from beneath the Earth’s surface and not from open-pit mines.

“There are just some surface facilities with some water treatment processes and oil and water separation processes,” he said.  “You don’t have any of the open-pit mining.  You don’t have these big wastewater ponds associated with these plants.”

The equipment that Heins invented cleans water used in the oil extraction process, known as steam-assisted gravity drainage (SAGD), so waste is reduced or eliminated and the water can be reused.  But the equipment is massive, and getting it to the oil fields is proving to be problematic. Continue reading →

Climate Justice Forum: J.P. Kemmick 9-9-13

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The Monday, September 9, Climate Justice Forum radio program hosted by Wild Idaho Rising Tide (WIRT) welcomes J.P. Kemmick of Coal Export Action in Missoula, describing the planned actions and rallies of the September Showdown Against Coal Export on September 15 and 16 in Helena, Montana.  J.P. also discusses the Northwest coal export issue and resistance to coal extraction and transportation in Montana.  Broadcast on progressive, volunteer, community station KRFP Radio Free Moscow every Monday between 7:30 and 9:30 pm PDT live at 92.5 FM and online, the show covers continent-wide dirty energy developments and climate activism news, thanks to the generous, anonymous listener who adopted program host Helen Yost as his KRFP DJ.