David & Goliath
The Little Guy up Against the Giant

by
Maryann Miller

David Daniel is a landowner in East Texas who was contacted two years ago by TransCanada who wanted part of his land for the Keystone XL Pipeline being built to bring oil from Canada to the Gulf. At first glance the paperwork all seemed to be in order and the company had the right to use eminent domain to claim the property. Daniel was offered financial compensation, and he agreed to the terms.

In doing some research later, he discovered that TransCanada did not have the required permits for building the pipeline in place. He also discovered that people in the Mid West had been challenging the right of the company to claim property under eminent domain. Federal, and most state laws, are clear in saying land can only be taken for public use, not by businesses.

Another disturbing fact that Daniel discovered is that there are concerns for environmental safety related to the pipeline. Apparently, TransCanada is using a smaller pipe than is deemed safe for the type of oil that will be pushed through it, increasing risks of ruptures.

In doing his research, Daniel found the Center For Energy Matters an organization dedicated to helping businesses and individuals make informed decision about acquiring and using energy wisely.

On Thursday, September 9, he invited speakers from the Center to give presentations about the issues surrounding the TransCanada Pipeline. The meeting was held at The Depot in Winnsboro and was well attended by people who were directly affected by the pipeline, as well as a number of people who came to learn more about the project.

One of the speakers, Harlan Hentges, is an attorney specializing in rural landowners' issues. "I align with property rights organizations when clients are concerned about government taking land," he said. "I'm a country boy from Oklahoma, so I have a strong connection to the land and understand what it means to owners."

Regarding the current issue, Hentges has a number of concerns: The right to use eminent domain, the safety issues, and the fact that TransCanada is operating without all the permits in place. "A foreign company has to have a Presidential Permit to do business in the United States," he said. "And TransCanada doesn't have that.

"There is also a regulation that only a U.S. company can apply to use eminent domain. So TransCanada formed a company in Delaware to qualify.

"There's a lot of 'hide the ball' going on," he concluded. "So many details that aren't revealed and so many reports that conflict."

Hentges went on to say that he argument to get this project going was focused on national security. "Since we get the bulk of oil from unfriendly Mideast countries, let's get it from a friendly neighbor to the north. But what most people don't know is that there is $11 billion invested in TransCanada from the Chinese government."

The other speaker that day was RoseMary Crawford, from AFM Systems, L.L.C., who is also affiliated with the Center for Energy Matters. She opened her talk by saying, "How about if I help you have a voice?"

She went on to ask attendees to tell her how this issue impacts their lives. After listening carefully as a few people told their stories she said, "Now you need to tell your story to as many people as you can. That is how the little guy can fight the big guy. By telling our stories."

To illustrate her point, she told the group about how six people fought to close an ash pit in Oklahoma that was causing health and environmental problems. "We started at a local level and now it has gone national. On the day I first met the people they thought they had lost everything. They had no hope. Now they have hope."

The day before the meeting in Winnsboro, Rosemary and some of the residents of Bokoshe Oklahoma were in Dallas to speak at an EPA meeting about the dangers of toxic fly ash. "We accomplished what we needed to by being courteous and telling our stories," she said.

Now Rosemary would like to help people in East Texas who want to stop the TransCanada Pipeline. There will be an organizational meeting on Wednesday, September 22 starting at 1:30 at the Depot in Winnsboro for people who would like to get involved in this important effort. "We need to tell people in Washington D.C. that we don't want this," she said. "We need to stand up and say, 'Hello, we signed this piece of paper, but we didn't have all the facts when we signed.'"

This meeting is not just for landowners directly impacted by the pipeline. David Daniel says anyone who is interested in stopping the project is invited. "If enough little guys band together, we can influence the big guys to do what is right."