Dr. Riki Ott’s most recent book, Not One Drop: Betrayal and Courage in the Wake of the Exxon Valdez Oil Spill, seeks to braid together four threads into a single strand. The result is less a "fisherma’am’s" yarn than it is a sturdy rope from which one might create a noose for the likes of corporate monsters like ExxonMobil. The strands are:
1) The generation-long string of lies ExxonMobil has spun, as they have dealt with the aftermath of their negligence in the Exxon Valdez catastrophe.
2) The increasing evidence, from data gathered on Prince William Sound, of the enduring toxicity from the spill upon the ecology of the Sound and on the northern Gulf of Alaska; and increasing evidence of that toxicity having permanently and negatively affected the health of workers who labored on the 1989 and 1990 cleanup efforts.
3) The physical, financial and psychological impact of the spill and resulting litigation on the community of Cordova, Alaska, partially told through twenty years of conversations and actions between Ott and her longtime friend, Linden O’Toole, as Riki and Linden watched the former’s family be born, grow up, mature and bloom, in the midst of tremendous hardships.
4) A close history of the legal battles fought, against Exxon, against Alaska’s (now famously) corrupt political institutions, against the adversarial paradigm of U.S. courts, in a political, cultural and legal environment that gives primacy to huge multi-national corporations over citizens.
That’s an audacious task. The book succeeds. It might not have worked, if Ott’s second book, Sound Truth and Corporate Myth$, hadn’t provided details about the mounting scientific evidence on the toxicity of petroleum products, which she was then able to summarize in Not One Drop.
Robert F. Kennedy, Jr. had this to say about Ott’s earlier book:
"This book doesn’t just change our view of the Exxon Valdez spill; it forces us to dramatically reassess the risks from petroleum and the enormous costs that industry is imposing on our health and planet."
As to Not One Drop, John Perkins, author of Confessions of an Economic Hit Man, has written, "As you read the pages, allow your heart to break."
Mine didn’t. Like Dr. Ott, I have lived on Prince William Sound. Her portrayal of Cordova, and the waves of trauma the community has, and still does endure, is highly accurate, sympathetic and nuanced. Her descriptions of how people have dealt with waves of heart breaks, economic ruin, desperate measures, suicides, domestic violence and substance abuse are countered by her delineation of various community responses, and how they helped the community not only to survive, but begin to prosper again, both materially and spiritually.
Riki Ott’s book follows a long path in American ecological writing, but her approach is somewhat unique, and strengthens the book’s impact.
Her late father, who passed away as Riki finished the proofs, was one of the last students of Aldo Leopold, author of A Sand Country Almanac. That 1949 posthumous compilation describes land use ethics in terms that hadn’t been readily accessible by lay readers until its publication. One of Leopold’s main contributions in that book was his rich description of how we destroy the authenticity of lands, lakes, rivers, ecosystems and bioregions in our quests to possess them on one level or another. Ott takes this further and deeper, with her views on the limiting of the powers of large corporations in the future.
Her solution, taken up in the concluding section of the book, "A New Consciousness," – a 28th Amendment to the U.S. Constitution, an amendment that would revoke "personhood" from corporate entities.
At two events in Anchorage this past week, I witnessed how audiences are reacting to Ott’s challenge to rope in the growing powers of "corporocracy," as she calls it. She told me that since her book tour began in early October, as the financial meltdown has become increasingly obvious, audiences have gotten excited, almost overwhelmed by this part of her book tour talk.
Dr. Riki Ott has been described as a "modern day Joan of Arc" (Laura Turner Seydel), "like David confronting Goliath" (Dr. Jane Goodall), "the Erin Brockovich of the Exxon Valdez disaster" (Fran Korten) and so on.
Twenty years ago, before the Exxon Valdez oil spill, ornithologist-fisherman Pete Isleib described her to me as "prophetic." And that was ten months before Ott stated to a community meeting in Valdez, over a telephonic hookup from Cordova, crackling in and out in best Alaska communications tradition, that, when it came to the possibility of a Prince William Sound oil spill, "we’re playing Russian roulette here. It’s not a matter of ‘if.’ It’s just a matter of when we get the big one."
Within two hours of her testimony, the Exxon Valdez was gutted across the top of Bligh Reef, changing the lives of Alaskans, particularly the people of Prince William Sound, Cordova and the small Alaska Native communities there, forever.
Since then, ExxonMobil has illegally tapped Ott’s communication and had her arrested. They have sought to tarnish her message at every opportunity, even as they have endowed the careers of so-called scientists who advance the anti-science corporation’s agenda that climate change is a myth.
The title of the book, Not One Drop, comes from a statement made in 1973 by Alaska’s soon-to-be former Senator, Ted Stevens, in which Stevens promised that if "rabid environmentalists are thrown aside, and we can build that pipeline from Prudhoe Bay, not one drop of oil will be spilled. I’ll guarantee it!"
Ted Stevens makes the index of Not One Drop, as he should. He betrayed our Alaska fishermen time and time again, in many ways. Our current Alaska Governor, Sarah Palin, does not make the index. And we would appreciate it today if she is regarded as "way off topic."
Please welcome Dr. Riki Ott to Firedoglake’s Sunday Book Salon.
[For the FDL Book Salon session, we ask that one person who sucks the air out of quality time, Alaska Gov. Sarah Palin, be off topic. -pm]
Related posts:
- FDL Book Salon Welcomes Matthew Kerbel, Netroots: Online Progressives and the Transformation of American Politics
- FDL Book Salon Welcomes Thom Hartmann, Threshold: The Crisis of Western Culture
- FDL Book Salon Welcomes Chris Mooney, Unscientific America
- FDL Book Salon Welcomes William Greider: Secrets of the Temple
- FDL Book Salon Welcomes Jill Richardson, Recipe for America: Why Our Food System is Broken and What We Can Do to Fix It
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Dr. Ott, Welcome to the Lake.
Phil, Thank you for Hosting today’s Book Salon.
Hiya, Bev! Thanks.
Dr. Ott is in Haines Alaska, where the wind is howling. I’m in Wasilla, where it is ten below zero F, but we’re both warmed up and ready for any questions about this important book.
Welcome Phillip, and thank you Riki for visiting with us today.
Welcome to FDL Dr Ott and Phil!
Digg it
Oh, removing “Personhood” from corporations is a MUST – along with the notion that money is free speech.
I noticed from some of the comments to prep materials I’ve posted, that a lot of folks are particularly interested in the 28th Amendment – Separation of Corporation and State – idea.
Thank you, Phil. Just navigated cyber space. I think I’m on. Yes?
Riki
There have been mentions of corporations having the status of ‘persons’ before here at the lake. How would having this Amendment help Alaska’s situation?
and as we know, the robber barons have infiltrated our court system with judges that will not hold these large corporations to account for the costs of the products they produce
Like a knife in the heart.
What was your first impulse, Dr. Ott?
You’re on. I’ll bet you can’t wait to get back to Cordova after being on the road for over two months, eh?
Kathryn,
The idea is to write the 28th amendment so that it not only strips corporations of personhood but also revokes any “rights” that have been usurped since the 1886 decision. One fell swoop for everything! If possible . . .
Riki
Dr Ott,
I have not had the opportunity to read your book (broken record here) but could you offer some details on the proposed 28th Amendment?
I’m sure most folks here would agree with the idea. Humans should definitely take precedence over corporate entities and anytime human interests collide with corporate entities interests, human interests should ALWAYS prevail.
But then I’m just a dirty f*ckin’ hippie.
Toby,
Alaska’s “situation” is less grim than I thought. It turns out the rights of persons is granted to corporations operating in Alaska in state law rather than the state constitution. Big WHEW there. It’s AS 10.06.010. Which can be rescinded . . . am drafting language with a team next week to introduce. Of course, this would just be a shot across the bow b/c corporations are recognized as “persons” at the federal level. But if other states did this little exercise, it would help educate people about the problem of corporations with too much control over the Republic. We’d still need the 28th (action at federal level) to make the revised state law stick in court.
Riki
Dr. Ott, welcome!
How have Alaskans in particular reacted to your book?
Dr Ott and Philip Munger, welcome to Book Salon!
Your work is inspiring, ma’m, and revolutionary. Have you found any support for the 28th Amendment among Senators or Congresspersons?
Dear Dr. Ott: Welcome, this sounds like a swell book.
Please tell me more about this:
What were you arrested for? How did you find out that your communications had been illegally tapped?
Having battled a multi-billion dollar corporation (ABC Radio/Disney and the host from KSFO) I’m curious about this part of your story.
I’d also like to hear from some lawyers (who I’m sure are part of the FDL audience) what recourse individuals have who are attacked by corporations or whose reputations are smeared by the PR teams and corporate funded academics.
Thank you, Riki. i dare to declare we all are with you.
Perris,
Guess what? The EU and China and Korea and a number of other countries (not US) ARE holding the corporations accountable. Suggested read: Exposed by Mark Shapiro. He shows how the EU changed the regulations to ban toxic chemicals in products (toys, cars, electronics, cosmetics, etc.). The effect on the U.S. industries is an ever shrinking market for toxic products. Result is what we’re seeing today: the Big Three crisis. Other industries will be in line for bailout. It’s all a matter of values: human values over corporate profits. Last chapter of book. US puts economy first (what’s good for GM . . . ). Europe put people’s health first and codified it into law. So it’s time to assert our values — and assert the people’s sovereign control of our Republic.
Seems like the 28th appeals to lots of folks . . .
Riki
I know two sisters, now about 36, who have inherited their late father’s almost twenty-year old Exxon Valdez claim.
Welcome Dr. Ott and thanks Philip, for this !
… now back to lurking and learning …
A tech note, for you and any others who may not know about it:
If you want to reply to a specific comment, click on the “reply” button just below and to the right of that comment. This will take you to the “leave your response” box, with a note that says “Replying to xxxxxxx @ #” above it. After you enter your reply and hit “submit comment,” your comment will appear with a note that says “In response to xxxxxxx @ #.”
This book is an impressive achievement. I really think it is a ‘tour de force’ and I sincerely tip my hat to you.
I’m not finished yet, but expect that this is a book I will re-read because I think that it is so important. Lots of margin notes, so far in my copy (!).
Dankin,
28th amendment: separation of corporation and state for the same reason we separated church and state. Not b/c church and corporation are bad, but b/c they are avenues to consolidate wealth and power that can destroy the Republic.
Turns out there are two ways to amend the Constitution: formally through people made law (which we’ve done 27 times) and informally through judge-made law (which has been done many times).
Our Constitution established people as property. That didn’t go over too well. There was a civil war and several populist movements that drove rights into the constitution: Civil Rights (13, 14, 15) and Women’s Rights (19). Now people are property according to a 1886 federal judiciary decision. Well, that’s not working, is it?
Since people made law trumps judge-made law, we need to correct the Supreme Court decision with the 28th amendment.
Riki
P.S. Read the book.
Both Riki and I read your comment on the book at Oxdown. What is it about ‘Not One Drop’ that got you so enthusiastic about it?
Teddy and Peter,
I started book tour just before the fall elections. So now it’s a new slate of politicians. I’ve spoken with 3 people on Obama’s transition team, all of whom are working on the climate crisis — and all of whom got it. We can’t solve the climate crisis until we solve the democracy crisis (as Gore said). I’m heading to DC early next year to find support for this.
In Alaska, we’re hoping to introduce a bill. The people certainly like the idea. Politicians may be another story. Evolving story. Stay tuned.
Riki
We discuss that a lot around here – converting the best interests of politicians into those of their constituents.
One of the things that I think is absolutely critical to bring in to this whole “started in 1886″ aspect of the ‘28th Amendment’ is to track back and see how primitive the financial sector, engineering,
I’m in Washington State, which was not even a state until 1889.
Detroit didn’t start turning out cars until… 1919?
This whole false ‘corporation = person’ occurred quite literally when steamships were arriving in Puget Sound, at a time when if they were from China a ‘doctor’ would go out on a dingy to check for typhoid. There were ships not allowed to dock in Seattle if they had typhoid aboard — they’d have to be out in the harbor with a white flag on them to warn other boats to steer clear.
The Klondike Gold Rush didn’t occur until the late 1890s, at a time when in Washington state oxen were still hauling 20-foot wide trees to lumber mills.
The cell hadn’t been identified…
I could go on and on and on… my point being that from a technical, economic, and social point of view that notion that ‘corporation = person’ is about as relevant as the oxen-pulled lumber, the sailing ship from China, and literally comes from a period when the idea of ‘pastueurizing’ milk was a novel idea.
(Just in case you needed any historical heft to your excellent 28th Amendment argument… and I’ve got tons more ‘historical data’ if you want it!)
Spocko,
Damn the torpedos. Full speed ahead! Don’t let them get you down.
We found out about the phone tap when the spies called and reported the deed. Turns out there are legal and illegal ways to spy on people (comforting, huh?). The spies didn’t want to take the fall for Wackenhut so they ratted them out. Congressman George Miller (D-CA) took depositions (b/c he was also a target of the sting operation) and held a hearing. So lots of publicity and down they fell. Once. But not hard enough to keep them from trying again.
Riki
Oh, wonderful news!! Best of luck and more power to you!
If Politicians are determined to maintain the status quo – appeasing lobbyists in exchange for campaign donations – they will definitely not like anything that changes that dynamic. Seems we even lose some of our Blue America Progressives once they get elected. Will the people have to get together and rise up before any real change can occur? Who will be our leader?
The fabled “fourth estate” — the press — has its own conflicts of interest in things like your 28th amendment. In theory, the press holds the actions of government and corporation up to public scrutiny; in practice, much of the press is part of major corporate interests.
Any press heroes or goats you’d like to point out on the post-spill reporting?
Thanks. Never thought about it in that sense. May take you up on more historical context. Meanwhile, I was flabbergasted to learn that in the first 40 years after the 14th amendment passed (due process and equal protection for African American men), there were 309 lawsuits brought. Only 17 were by African American men. The rest were brought by corporations seeking due process and equal protection!
So now corporations have rights intended for corporations (limited liability, separate tax structure, etc.) AND rights intended for persons, which gives corporations too much power and is destabilizing our democratic ship of state.
Riki
P.S. Thanks for the tech tip to Peterr. I’m kinda tech illiterate.
That is an important set of points. The reality we face now is one of a terribly unequal playing field. The Exxon Valdez class action lawsuit has been a terrible case in point. Tens of thousands of people couldn’t manage to beat one person – ExxonMobil – for a wide array of reasons.
Exxon is still able to withhold valuable information about the oil spill’s real damage, is able to maintain control of information – not just theirs, but information paid for by taxpayers – because they are a”person.” A very special “person.”
Dr. Ott has been weaving elements of Naomi Klein’s “Shock Doctrine” narrative into her lectures. I’m hoping they’ll be able to meet soon.
Sorry, missed you. First impulse: a wash of white hot anger. Then a flood of ideas for response. Took me 3 years to get over being angry. Finally figured out it was a huge waste of energy that needed to be channeled to constructive ideas. So 3 nonprofits, 2 books on spill, and lots of ideas later, here we are. At the 28th.
Riki
Oh, man… where do I begin…?
So many respects, but one thing that I could start with would be a note from p. 55, where I wrote:
1989 — Prince Wm Sound fisherman estimate losses at $50 million for ONE year’s fisheries losses; $200 million to larger community FOR ONE YEAR.
Then I divided that by the 30 million gallons that I think Riki makes a good case is the correct amount that spilled, and divided:
$200 million dollars [losses for 1989] by 30 million gallons.
Looks like about $6,600,000 per million gallons for losses for ONE YEAR only.
Now, what kind of bullshit, head-up-the-ass insanity is an accounting rule that says there’s any kind of cost to knocking out salmon fisheries for oil.
Well… then we get into political corruption, which authorizes bogus accounting rules and legal protections for corporations — which I agree, the EU has started putting the nails in the coffin on that nonsense and the US has to do the same or we’re going to be completely uncompetitive.
My #s may be off because these were only preliminary notes in my margins for p. 55, but I hope that I convey the general idea…
Phil and/or Riki:
With a new Obama administration coming into office in January that believes in both science and regulation, what changes do you see coming out of DC that may help matters? Will they be able to pry loose any of that information?
Oh, no you don’t! Not so fast. It’s going to take ALL of us to make this change happen. I’m not going anywhere without all of you. So I’ll be posting a Take Action page on my website http://www.rikiott.com during my “break” from book tour until mid January or so. So we can all network and work our different states. Hope to have language for the 28th amendment by the 20th memorial of the Exxon Valdez oil spill (March 24). We’ll see. Never tried to draft a constitutional amendment (with lawyers of course)! First time for everything.
Keep checking. And good luck to us all.
Riki
While everyone was worried about John Roberts’ and Sam Alito’s views on reproductive rights, I fear they were screen by BushCheneyCo for their views on corporate rights; their actions on the court so far seem to have worked out quite well for the corporations.
We must encourage our Senate Judiciary Committee members to ask questions that go to the root of corporate personhood and rights when they “advise and consent” our new President’s SCOTUS appointments.
We have some brilliant minds here at FDL, please keep us updated.
I’m sure Philip will do so as well.
There are tons of other reasons that I think this book is so stunningly good, but I suppose even sticking to the whole ‘28th Amendment’ would be an invaluable FLD forum.
In addition, I just think that people don’t really understand how arctic waters can’t be dealt with the same as tropical waters, how the fact that this occurred near the vernal equinox is a huge big deal in terms of lifecycles of huge fisheries resources that are actually GLOBAL resources***.
Also, the ’story’ of oil > arctic seawater > Exxon produced solvents > worse problem > embryo damage > lifecycles damaged > lifecycle disruptions… the whole A links to B links to C is done very well in this book.
It’s very impressive and I’d highly encourage anyone to read this book.
*** Exxon needed, or needs, to be sued in the Hague, and IMHO if the US doesn’t clean up our act this will occur within the next 20 years; there are too many rising rates of cancers and people just aren’t going to put up with the kind of venalty that Exxon showed. It worked in 1989, and during Reagan, Bush I, and Bush II, but for a multitude of reasons, Exxon would not be able to pull this again. Next time, they’ll be in the Hague.
The cancers are not limited to Americans, and people are not going to put up with this nonsense.
Peterr,
I suppose I could ask you the same question.
From the two appearances earlier this month in Anchorage, where I heard Dr. Ott address these upcoming issues, she appears to be less skeptical of what Obama will be able to accomplish than I am. Then again, she has been in the lower 48 this late fall, and has met some of the transition team members.
I’m afraid that Obama, by hiring so many Clintonite insiders, so as to get experience into his new administration, won’t be able to convert that entrenched neo-liberal experience into workable action in the legislative arena. As far as the executive arena, it will take at least his first “hundred days” to even halfway figure out how much the Bush embeds have fucked him and us.
aack! you are right – more power to us! AND more power to you in your discussions with the new administration.
Dr. Ott, thanks for your work and offering hope (and the means) by which we may all be freed of corporate rule.
I was ignorant of your work before today’s Book Salon: thanks to you and Philip and Bev for making today possible.
I’m looking forward to buying and reading your book, and I’m praying to the Goddess your efforts succeeds. Thank you!
Ding!
I wrote about that at the time. I’m hoping Obama won’t just be picking pro-choice corporate shills, instead of “pro-life” corporate shills.
Here’s the thing: when I was on book tour in 2005 with Sound Truth and Corporate Myths (about hard science and new understanding that oil is more toxic than thought 35 years ago when we passed the Clean Water and Clean Air Acts), I learned of all the local, state, and regional efforts to reduce carbon emissions. I was in 26 states in 6 months. I learned there was an absolute disconnect between what the people were doing and what was coming out of DC. So, there already is awareness and action at the community level. Once we get that matched at the treetop level in DC, then we’ll begin to see some fast action to curb carbon emissions. I hope. But it’s going to take all hands on deck for this one. Including corporations that play by the rules that WE the people set. Not the rules that the corporations set. This is about passing a livable planet on to future generations, not only about making money.
Riki
The fight over who is the beneficiary of the Constitution, corporations or the public, is the unacknowledged root of the polarization in American polotics today. Our government cannot and does not serve two masters, and they do not serve ‘we the people’ today. #28 needs legs.
Yes on SCOTUS appointments, but the trouble with corporations started way before Bush/Cheney. They are just the latest chorus. Bottom line is we need to back corporations out of government or we will have more work overturning bad decisions. Like the Exxon Valdez case. Which needs to be overturned BTW. It’s no longer just about us in Alaska. Capping punitive damages makes every community in America vulnerable to corporate greed and business decisions that shove the risk of business off on the public and environment. More on this later on the Take Action page.
Riki
They need to — they’re both saying some similar things from different directions. Also, Robert Reich’s ‘Supercapitalism’ seems relevant.
Also, if you are not familiar with “Crossing the Next Meridian” by law prof Charles Wilkinson, you should definitely try to fit it in your list.
http://www.amazon.com/Crossing…..155963149X
Also, for a terrific overview of 20th century scientific discoveries, Alan Lightman’s “The Discoveries” is sensationally good, IMVHO.
I suppose we’ll find out more tomorrow, according to this little blurb in the Washington Post:
In this team, I see much less going back to old Clinton-era folks than in the foreign affairs team or the financial folks. Yes, Browner goes back to Bill’s administration, and Sutley worked for her back then, too, but the other two are a definite shift from Bush’s minions: a regulator to head EPA, and an honest-to-God, Nobel-prizewinning scientist as energy secretary. I’m intrigued by Sutley’s appointment, in that she has both DC experience and (since then) local and state government experience. That’s a very interesting skill set, that should help bring local and state concerns back into the policy discussion in DC.
Sorry, I failed to explain that Wilkinson’s book goes into the history of corporations being equated with ‘persons’, IIRC.
Riki, i think your book came at the right time with the perfect solution(s) to rid us of these blood-sucking corporations. Thank you.
I agree about the disconnect, which (as I said in my reply to Phil @ 50), also makes me guardedly hopeful with Nancy Sutley’s appointment to head the White House Council on Environmental Quality.
In an earlier short Post piece on her, it says she has a “long record on environmental and natural resources policy,” and “she represents Los Angeles Mayor Antonio Villaraigosa (D) on the board of directors for the Metropolitan Water District of Southern California, and previously served on the California State Water Resources Control Board and as an energy adviser to former California governor Gray Davis (D).”
Are you familiar at all with her?
John Snow’s CSX was able to put all financial liability for his system’s bad rail switch onto the US government’s Amtrack. Its in “Free Lunch” by David Cay Johnston.
Your solution (the 28th Amendment, “Separation of Corporation and State,” is simple and elegant- and easy for everyone to understand. I bet it will have legs, especially with us helping it along.
Riki is really right on this – that allowing the SCOTUS EVOS (Exxon Valdez Oil Spill) decision to stand undermines the whole punitive damage paradigm. Exxon found the back door – archaic maritime law – through which to push this, and Roberts drove right through it in his 18-wheeler.
Let me clarify the source of my optimism re: Obama. He got the kids fired up. I’ve taught Ultimate Civics (21st century civil rights movement: human rights vs. corporate rights) as a class and as lectures at high schools. I’ve never had to argue with a kid about global climate change. They want to know what to do about it. We’re running out of time to deal with this. It will fall under the Obama tenure. The kids will create a ruckus if things don’t change — and fast.
I think we’ve reached a tipping point about corporate shenanigans with the people. And we’ve got the EU laying down laws that US corporations need to heed if they want to stay competitive (or be forced to ask for bailouts). And we’ve got an intelligent president with compassion. I hope this will all outweigh the corrupt process and the old baggage of insiders.
Fingers crossed — Riki
I’m excited about Chu! Imagine that, putting a scientist in charge of an agency that needs to pay attention to science.
Not so excited about Nancy Sutley, except that she has a reputation for listening when it comes to green infrastructure ideas in urban environments. My choice would have been yesterday’s book salon guest, Ed Begley…
Fingers crossed here, too. and money out of elections.
I agree that it will take everyone to make this change.
FWIW, it’s my hunch that before the economic meltdown of the past few months, this task would have been far more difficult.
I think that with the absolutely revolting spectacle of Treasury handing out billions without knowing who the $$ went to, to ‘financial corporations’ and banking interests, public respect and trust in any kind of large, corporate entity is really plunging.
And then there’s Enron… so I think everyone needs to be recognize why this change you discuss is so strategically important. Right now, no one has to take responsibility, and that leads to endless problems and we simply don’t have the luxury of ignoring that any more.
I expect a ton of expensive push-back and very clever ‘marketing’ to oppose this, BTW. But simply from the standpoint of competitiveness, the US needs to take this action if we’re going to remain economically competitive.
I’m increasingly convinced that the EU and other economic players aren’t going to tolerate higher cancer and illness rates in their regions simply so that corporations can dump toxic wastes.
(The Economist has done some good reporting on this topic, but I don’t have Lexis/Nexis, so don’t have the citations.)
Pat Choate’s Dangerous Business is a relevant read as well. So many are hitting on the same issues and yes, it would be great for them to get together–to reach critical mass.
Riki
Great post gets to the bottom of the problem self servers find a way around the good of the people to feather their own nests at our expense. Separating the church from government and the corporations by the 28th amendment is an excellent strategy. Your examples of others that have been sucessfull is a point well taken.
Collaborating with every rights and environmental group could empower your efforts. Kudos BB
Sorry, should have been:
Must. Slow. Down… 8^}
“
FWIW, I think this is a brilliant comment, Teddy P.
The Federalist Society is not noted for having attorneys use microscopes or check water quality at any point in their so-called ‘legal education’.
Yeah! Corporate “persons” are also the heart of globalization and the link to all the woes that currently undermine our sovereign self governance. For example, when the 1st amendment fell to corporations (free speech = money), well, that’s the root of election corruption b/c those with more money have more speech, don’t they? Little problem there. I don’t have a spare $40 billion. (Nor would I want it.)
For example, when the 4th amendment fell (warrant-less search), how are the federal law enforcement folks supposed to nab corporate polluters or worker safety infractions or bad meat packers if they have to submit a warrant first? Not likely to catch anyone red-handed.
Then there’s the 5th amendment. Exxon tried to bring the old Exxon Valdez back into Prince William Sound as a challenge of “takings” under the 5th amendment. That’s what got me on the trail to find out how corporations could claim rights of persons.
This bit about higher courts challenging jury decisions BTW is an affront to the 7th amendment: facts tried by jury can’t be challenged by higher courts. Conservative courts have interpreted punitive damages as subjective, not facts. This is a slippery slope for the people. The jury in the Exxon Valdez case did not pull $5 billion out of the air. They hitched punitive to profits in hopes of punishing a large corporation. The Supreme Court undid that link. We need to have Congress fix that . . .
Hey! This is fun! Just a reminder that I have to cut out early to catch the ferry. I’ll try to stay on as long as I can. Thanks for all your comments.
Riki
Question: Does this whole ‘corporation as person’ thing impact injured workers? Is this why, even when there is egregious treatment and unsafe conditions that we never ever see corporate management having to come to account for worker injuries and deaths?
Riki may have to leave any minute to get from the Haines library to the ferry terminal for the ride back to Juneau. I’d like to suggest that if she can get back on-line in Juneau late this evening, that any unanswered questions might be addressed then.
First point: the fact that corporates have controlled DC has ironically left local governments — especially mayors [although not in Wasilla] — to lead on many climate-related issues, but that’s probably a good thing in the long run.
Second point: I’ve even heard some grousing from corporate types; they’re not happy about having to bail out Wall Street frauds, and they are getting disgusted with being heaped into the same cesspool with Exxon and Enron. But they have to compete, so if the rules are lax, they really have no legal protections against the bottom feeders.
Dr. Ott, great discussion. Thank you again for visiting.
Travel safe and good luck.
Roger that on collaborating with other groups. Also on list are labor, corporate “ethics” reformers, public health — it’s going to be an internet campaign. Got a lot to do during “break.”
Riki
Dr. Ott, Thank you for stopping by the Lake today and spending the afternoon with us discussing your book.
Phil, Thank you for Hosting today’s great Book Salon.
Everyone, if you haven’t bought this book yet, it is a must, there is a link above.
Thanks all.
is Alaska fisherma’am or fisherman for “Right on!”
I’m still here until the top of the hour, if I can help with any questions.
Hmmmm. My experience with injured workers is more like the insurance companies have rigged the system with the medical folks (AMA). For example, the OSHA standards specifically exempt colds and flu from the hazardous waste cleanup regs. Well, cold and flu symptoms mimic chemical induced poisoning (occupational asthma for example). All very tricky. So this may be straight out greed. Have to think about this more.
Okay dashing for ferry. Have air port card. Will test range!
Riki
Phil, thank you – everyone keep the questions flowing
I’m sure Riki would just as soon stay at the calm waters of the lake. Here’s what she’s about to hop into on the ferry:
…GALE WARNING THROUGH TONIGHT…
.TODAY…N WIND 35 KT. SEAS 7 FT. FREEZING SPRAY.
.TONIGHT…N WIND 35 KT. SEAS 7 FT. FREEZING SPRAY.
winds behind us
I am very excited to read your book, which awaited me upon my arrival home this weekend. I will check in on your website for Take Action! posts.
Folks, I highly recommend Philip’s website for lots of great background and videos about the growing movement and its beginnings.
good point. Hope that holds true for the rest of what you’re attempting this winter!
Thanks, Teddy.
Further illustration of Alaska fishers’ term, “Roger that.” It comes from radio exchange terms, as in “Do you read me?” A person often responds, “Roger,” or “Roger that.”
My favorite “Roger that” moment on YouTube. From August 2007, the last time Ted Stevens publicly announced ahead of time that he would be in that community. The fishers in Kodiak despise Stevens.
Philip, I’m (finally) coming around to the view that although Exxon may have counted on people forgetting about the ExxonValdez spill, and dragging out the litigation, that it’s actually going to bite them in the butt.
Because over that 18 years, there’s more science, more known cancer rates and hormone disruptions (not only in frogs, but also in fish and other species) that trace to petrochemical pollutants, and have profoundly disrupted the lifecycles in many species across ecosystems.
So although Exxon counted on the sllllllooooowwww nature of the legal process, ironically all that while people have been collecting data, pollutants have been leaking, and increasing evidence of lifecyle disruption has occurred.
So it may end up being a case where they won a Pyrrhic victory in the US courts, but no matter how many swanky, cool-toned, black-and-white ads they put online (especially on the news shows at MSNBC.com and CNN.com), they’ve ended up having a very bad case of ‘Moral Cooties’.
Your thoughts…?
Most of us lurking would like you to share with us more of your insights and plan of action, Dr. Ott.
Riki had to leave the Haines library to catch the ferry. If her airport – cell phone connection works, she may rejoin us after checking aboard.
Thank you Sir … we will wait to hear about her continued actions over the Winter months.
Scalia has described himself relative to the Constitution as a “constructionist”, i.e. taking a very literal view of the document. Hello! I’m grateful Riki’s taken note of that pesky Seventh Amendment.
Wow, that would be splendid; I’ll hang around in hopes.
Meanwhile, I think there’s really growing interest about the Internets, and also from my personal acquaintances, regarding the 28th Amendment concept.
Am I the only one who thinks this is an idea whose time has come?
I honestly thought even last summer this might be a bit too much ‘windmill tilting’, but maybe I should send Hank Paulson and the CEO of AIG (whose annual income was $84,000,000) a few personal thank-you notes…?
Or maybe some of the Cordova fisherfolk could send them each some oil-covered rocks with ‘thank you for helping people become so completely disgusted with corporate greed and incompetence that they’re supporting our efforts to separate corporation+state with a 28th Amendment’ notes…?
Just brainstorming here ;-))
Welcome, Bill.
If anyone is still here, Bill is a longtime Cordova fisher, who has lost an amazing livelihood and way of life from the Exxon Valdez spill. He just checked in, and is quite knowledgeable about the events behind Dr. Ott’s book.
And on how to survive and triumph in Cordova Alaska.
I’ve been wondering about that…good luck up there.
Welcome. I don’t know what to say about your losses, except that we’re glad you are here and we are pulling for you guys.
Thanks ET.
intended this to read, “around and about the Internets”, as in ‘on the blogosphere; in the American and global cultures, generally…”
Even one year ago, the idea of really reining in the corporations was viewed as rather esoteric or idealistic, IMHO.
Now, it’s sure gaining some mainstream cred, if what I see is any indication.
And reading that Riki is getting the very same reaction is really interesting…. and hopeful.
Wow, welcome Bill if you’ve not been to the Lake before, as longtimers seem to call FDL.
Although I’m not the best one to welcome you — I’m a bit of a “Hermoine Granger type” and tend to hang out at Emptywheel’s.
But you have some extraordinarily beautiful places.
Is Kennedy Air still operating…? Or do I date myself too much?
If recent Congressional actions are any indication, we will need to double-down on them to get them to pay ball for the good guys.
They have it coming, anyway.
It is becomingly increasingly clear that the two party system favors lobbyists over the interests of the American people. In decision after decision laws are enacted to benefit various industries and groups over the interests of the American people in domestic and foreign policies. The great advice given by George Washington in his Farewell Address and President Eisenhower in his warning about the Military Industrial Complex has been discarded by both political parties.
This sentence by Philip Munger is telling:
“A close history of the legal battles fought, against Exxon, against Alaska’s (now famously) corrupt political institutions, against the adversarial paradigm of U.S. courts, in a political, cultural and legal environment that gives primacy to huge multi-national corporations over citizens.”
http://uniskywriter.blogspot.com/
A Siegel is upstairs!
Inhofe Plays while the Boxer’s Away
Phil, Thanx for checkin’ on Riki’s weather……somehow the fact that you would do that (or would even know how, for that matter) sez a lot.
Agree with you.
Although I think that unprecedented numbers of people are paying attention.
Just wait till the pensions are hit, and watch what the Governors have to do with their budgets. My state just knocked about $700 million out of Higher Ed; basically, we’re killing our young.
I think that Congress is not used to having citizens come online and watch them on C-Span, or view union websites or church websites that report their votes. So I think there’s a level of accountability about to kick in that is going to gobsmack some of the dumber Congressional members.
I’ve got a hunch that down by the point, between there and the haunted lighthouse, it is going to be more like 45-50 knots and two meeting chops from the NNE and WNW. Should be fun.
“Reader”, My electricity went out halfway through an earlier response….You are dating yourself! It’s all about “Cordova Air” the past quite-a-few years. Cordova is remarkably unchanged in the physical sense. Best to you.
……As They Say….Roger That!
Oh, lordy… that whole ‘power out’ thing is sure familiar still ;-))
Take care, and I do miss those high, freezing cold waves.
I think this would get a great deal of support, although I’m still completely flummoxed about how a footnote to an 1889 case has not only become accepted precedent…but has expanded well beyond the allowance of corporations to be viewed as “persons in regard to having legal standing” to having citizenship rights.
It’s clear that the Founders had no idea that a “corporation” was a person that could run for office, vote, be designated a judge, or any of a thousand other actions that CITIZENS had. And yet they are allowed to contribute vast amounts to political campaigns, far more, in fact, than you or I would be allowed to contribute as individuals.
We recognize that there are other persons than citizens, and they are not granted the powers and privileges of citizens. Why should corporations have any more rights than individuals within them? The instruments they are now using to influence the political process (PACS, 527 orgs) are actually mechanisms to conceal their constituent influence on the electoral process…both in revealing who is involved in the process, but in increasing the influence on the process.
I’m all for the 28th amendment. Bring on the separation of corporation and state!
Well, well. By the miracle of technology, I’m on the ferry and the air card is working.
FYI, I just returned from South Korea for the 1-year anniversary of the Hebei Spirit oil spill. International gathering. Scientists/medical docs from past spills in Japan, Spain, Phillipines — US missing but represented by me. (!) Respiratory damage, central nervous system damage, and (in South Korea) chromosomal aberrations (DNA damage) from working on oil spills. So — the EVOS shot across the bow of the international shipping community. We had sick workers. Exxon covered it up. I uncovered it in my first spill book, Sound Truth and Corporate Myths (which is being published in Korean). The EVOS is not only going to bite Exxon in the butt, it’s going to bite the entire oil industry in the butt. It’s what Cordova committed to in 1989: if this had to happen in Prince William Sound, let’s at least learn something from it. I’m taking it one step further: let’s DO SOMETHING about it.
Let’s all Remember the Exxon Valdez!
This problem traces all the way to the 1600s, when the British Parliament enabled the ‘Hudson’s Bay Corporation’. The Wikipedia entry states that:
That synchs with my recollection of the history, and it was a big, BIG deal because that also later pulled the British Crown into fighting the French all around Hudson’s Bay. So there’s a long history of corporations entangling themselves with nation-states, armies, and military force; the Brits fought the French in North America for over a century, but the British forms of government (and finance) became the modus operandi for most of the continent.
And there’s a long history of claims by corporations that because they could do what government couldn’t (eg., get furs, grab timber…) the government tended to give them a lot of legal heft; certainly more than is now good for any of us in our globalized world.
This notion of the ‘corporation’ being some kind of ’super-being’ was quite embedded in 19th c worldviews in many respects. And the railroads used it to the hilt, as did the mining interests that were grabbing up every bit of land they could claim Out West in the last half of the 1800s.
And we see what it’s led to.
Riki’s book is well worth your time — it’ll really open your eyes to this whole scam.
Been on “book tour” (= campaign building) for 2.5 months. Lots of ideas collected from lots of places. Heading home to mull about it all and fine tune strategy for launching on “book tour” again in January. Will be on the road until late May. Will have Action Plan posted before I leave including ways for people to network.
Stay tuned.
As sickening as this is to read about, I have to admit that I respect the Koreans for examining and documenting this; that is miles ahead of what the US government (during the Reagan, then Bush I, then Clinton, then Bush II) did.
And congrats that the book is being printed in Korean.
I’d predict Japanese next.
They understand the value of fisheries resources, that’s for sure.
I’m not sure it’s “pesky.” We need to make it work for us. As the people foresaw over 200 years ago, a fundamental concept of our legal system is trial by our peers, not elite educated lawyers. Unfortunately, what we’ve got now is 4 (I think) SCOTUS judges who’ve never had trial experience. This is like scientists who have all their experience in the lab and extrapolate to the field. Lab scientists and non-trial lawyers all operate on theory. Problem is the theory often doesn’t work in real life. In these cases, the theory needs to change. Like the world was flat, but now we understand it’s round — and life changed. SCOTUS is operating like the world is still flat. So people need to insist on the 7th and have the SCOTUS back off.
Hey, thanks for the compassion wishes to Cordova. It’s a cool community. Just before book tour, people were coming up and asking me, “There’s a rumor that you’ve found a way forward . . . ?” So when word got out about overturning the SCOTUS EVOS case (like the oil boys overturned the fishermen’s lawsuit over blocking the TAPS terminus from being built in Port Valdez), and about the 28th, people started hugging me in the library, on the street, in the grocery story. People see this as bigger than us in Cordova. THis is about you and YOUR community. And Cordovans want to work for that bigger vision. Seems like all of you do, too. I can’t wait to tell them.
The trouble is corporations exist for shareholder primacy, according to a state court decision [Dodge v. Ford Motor Co. 170 N.W. 668 (1919)]. This is still the most often cited lawsuit. It’s what allows corporations to make profits while using the legal system to stall (or reduce) payment to plaintiffs. For example, the EVOS case accrued interest at a federally mandated rate of 5.9%. The stock market in the late 1990s was paying at 18%. Exxon pocketed the difference by stalling. If the company hadn’t stalled, I suppose it could have been sued by its shareholders. The legal system needs a few changes to at least level the playing field, which now tilts precipitously towards corporate advantage. (See chapter 14 of Not One Drop).
See comment 33. Thom Hartman kind of leads people astray with his interpretation of how this came about. Really, this was a concerted effort by corporations for usurpation of rights intended for natural persons. This was not an accident, no matter if it was a footnote or a law clerk. For a much more thorough synopsis of this corporate personhood nonsense, please go to http://www.celdf.org and poke around. Especially check out “model legal brief” and the sample ordinances. Several townships in Pennsylvania and a county in California have passed local ordinances stripping corporations of personhood. The ordinances are being challenged by corporations. And the corporations will win — until we pass the 28th.
Forgot to mention: the circle of crazy laws that lead nowhere for sick workers is documented in my first oil spill book, Sound Truth and Corporate Myths. You might want to check that out (Toby).
Okay, I’m done with my homework!
Thanks, everyone, that was fun. Nice to be online with thinking people. Keep the faith, spread the word, share ideas with me (www.rikiott.com) and others, check out the video (4-minutes on 28th on the Chelsea Green website) and –
REMEMBER THE EXXON VALDEZ
Courage!
Riki