the whole fracking mess and the TPP
November 10, 2013
But wait. There’s more.
If the Myersville compressor station is connected to exporting LNG from Cove Point is connected to more fracking is connected to a poisoned planet is connected to climate change is connected to all of us having to take on the extra job of making governments do their job, then this whole fracking mess is connected to the Trans Pacific Partnership. At least, I think it is. Hard to know because the whole thing is top secret.
The Trans Pacific Partnership is a wide-ranging deal among the United States and 11 other nations bordering the Pacific that would break down the few remaining barriers to free trade, mostly by undermining environmental and health regulations and labor protections. President Obama missed recent talks in Asia about the TPP because of the government shutdown, but Secretary of State John Kerry went in his stead. The TPP is high on Obama’s agenda, and his goal is to have it completed by the end of the year.
“It’s not really about trade, it’s not really free or about freedom and there’s not much agreement about it … so it’s a misnomer,” Lacey Kohlmoos from Public Citizen said. Over the summer, Kohlmoos, along with Leslie Morrison from Chesapeake Climate Action Network and Ilana Solomon from Sierra Club spoke at several town halls about the TPP. “It’s designed to break down all trade barriers, but what is a trade barrier has changed definition,” Kohlmoos said. The TPP is a “corporate tool of unprecedented power.”
What is known about the TPP has been leaked. Of its 29 chapters, only five are about trade. “The other 24 chapters either handcuff our domestic governments, limiting food safety, environmental standards, financial regulation, energy and climate policy, or [establish] new powers for corporations,” Lori Wallach, director of Public Citizen’s Global Trade Watch, said on a recent Democracy Now! segment.
A few legislators who asked to review the treaty have been allowed to look at specific chapters but can’t take an aide, take notes, make copies, make a phone call or talk about it. The text is to be released four years after the agreement takes effect — or if talks collapse. Corporations, including Halliburton, Chevron, the Gas Technology Institute, General Electric, Monsanto and the Pharmaceutical Research and Manufacturers of America, have a seat at the negotiating table, but environmental, labor and health groups do not. More than 600 corporate advisers have been working on the TPP for the last four years.
“It’s NAFTA on steroids,” Kohlmoos said.
It also sounds like the Halliburton loophole for the world, with corporations making all the rules. The Halliburton loophole, you will recall, was then-VP Dick Cheney’s escape hatch for drilling companies. In secret meetings with energy executives, he exempted fracking from regulation under the Safe Drinking Water Act.
The TPP could also be called capitalism on steroids. Or, in activist and commentator Dennis Trainor Jr.’s words, a corporate coup. Economist Dean Baker has said on Democracy Now! that the TPP would “create a regulatory structure that is much more favorable to corporate interests than they would be able to get through the domestic political process in the United States and in the other countries in the pact.”
For example, any corporation that thinks its “rights” have been violated — meaning, its profits have been diminished — by a new environmental or health regulation could sue the country involved. The judges in these so-called courts would be corporate lawyers, making corporations the plaintiff and the judge. We know how that will turn out.
The TPP “empowers individual corporations to directly sue governments—not in our courts, but in extrajudicial tribunals where three corporate attorneys act as ‘judges,’ and these guys rotate between being the judge and being the guys suing the government for the corporation,” Wallach said. “They’re empowered to give unlimited cash damages from us, the taxpayers, to these corporations for any government action— a regulatory issue, environment, health, safety — that undermines the investor’s expected future profits.”
Similar rules in effect under NAFTA already have led to one lawsuit over fracking. Under NAFTA, Lone Pine Resources, based in Calgary but incorporated in Delaware, sued Canada in fall 2012, seeking $250 million in damages, after Quebec imposed a five-year moratorium on fracking in the St. Lawrence Valley until more studies could be completed. Lone Pine claimed Canada had violated its “right to mine” for oil and gas and expropriated its profits.
And now the connection to fracking is clear. If corporations can sue for lost profits whenever governments try to protect people and the environment, if corporations have a “right to frack” and a “right to export” liquefied natural gas (LNG), such as at Dominion’s Cove Point facility, decisions will never be made in the public interest. In fact, exports would automatically be deemed in the public interest, Solomon of Sierra Club said. It would become “illegal to put any limits on exports.”
“We’d be required to conform our domestic laws to terms in TPP,” Kohlmoos said. “It really undermines our democracy.”
The countries involved are the United States, Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam, Japan — and other nations have expressed interest, including China.
Note that Dominion, via its proposed export facility at Cove Point, has contracts to supply LNG to Japan, one of the countries in the agreement. The United States doesn’t already have free trade agreements with Japan or India, but if the agreement goes through, Dominion wouldn’t need additional permission to send LNG to Japan.
Once the TPP is finalized, President Obama plans to ask to fast-track this treaty through Congress, meaning lawmakers could not amend or filibuster and would have to vote up or down within 60 days.
“Fast Track is not in effect,” Wallach said. “Fast Track is an extraordinary delegation of Congress’s authority. … So, we have to make sure that Congress actually maintains its constitutional authority to make sure that before this agreement can be signed, it actually works for us. … President Obama has asked for Fast Track, but it only happens if Congress gives it to him.”
That’s where we come in. Ask your U.S. senators and congressional representatives for their position on the TPP and express your concerns. The following are excerpts of emails about the TPP from three area lawmakers. (Several of us at HoCo Climate Change have received the same emails.)
Sen. Ben Cardin wrote:
I will not support any multilateral trade agreement that does not have robust protections for workers, consumers, and the environment, both in the United States and for our trading partners. … [A]s a member of the Senate Finance Committee, which has jurisdiction over trade agreements, I look forward to extensive hearings on the TPP once the agreement is transmitted to the Senate.
Rep. Elijah Cummings:
Please know that I share your concerns regarding the commitments contemplated in the TPP that may affect patent and copyright law, food safety practices, environmental stewardship, health care, telecommunications, and the Internet, among other issues. I am also concerned by the limited consultation with Congress that has occurred during the drafting of this agreement. Given these concerns, I have joined many of my colleagues in a letter to be sent to the President urging broader consideration.
Rep. John Sarbanes:
You will be pleased to know that I joined a number of my colleagues in sending a letter encouraging greater transparency and oversight in the TPP negotiation process. I strongly believe that U. S. trade agreements should address labor rights, human rights, and environmental protection. … Unfortunately, our trade policies have long assumed that ‘free trade’ is the same as ‘fair trade.’ That assumption has touched off a race to the bottom where American jobs are shipped overseas to countries with non-existent labor standards and thread-bare environmental protections.
To borrow from John Muir, when we try to look at anything by itself — whether fracking, the Myersville compressor station, the Cove Point LNG export facility, the TPP, the KXL pipeline, climate change and devastating Super Typhoon Haiyan — we find it all hitched together and “hitched to everything else in the Universe.”
So, bumpy ride ahead.
— elisabeth hoffman