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Journalist Ida B. Wells’ Words Hit Mark More Than Century Later Regarding Byhalia Pipeline

This story is co-published with MLK50: Justice Through Journalism, a nonprofit Memphis newsroom focused on poverty, power and public policy — issues about which Dr. Martin Luther King Jr. cared deeply. Find more stories like this at MLK50.com. Subscribe to their newsletter here.

The prolific Black journalist Ida B. Wells toiled for justice in Memphis and across the world, speaking out against lynching and the unfair treatment of women and Black people.

“Eternal vigilance is the price of liberty,” said Wells, in whose honor a statue will be unveiled Friday morning on Beale Street.

The vigilance she speaks of doesn’t assume every act is sinister, but it does implore us —  especially journalists — to listen when disenfranchised people speak out, to be relentless in pursuit of truth in any issue, and never dismiss the plight of historically overlooked people.

Consider when Plains All American Pipeline announced in late 2019 its joint plans with Valero Energy Corporation to build the Byhalia Connection Pipeline through Black communities in Southwest Memphis. The multi-billion-dollar fossil fuel corporation, with a public relations machine, blitzed into Southwest Memphis with maps, charts, and donations to local nonprofits, as though the pipeline was inevitable.

And it might have been had Boxtown and other communities not vigorously wrestled the company in a battle of information to make their health and property concerns heard by elected officials and media.

The company tapped out and announced on July 2 that it would not proceed with the project.

Early news coverage of the pipeline mentioned the company’s plan, community meetings, and featured residents of North Mississippi, where most of the pipeline route would have run.

Few stories explored what a pipeline would mean for the Black, low-income Memphians in its path and the risks that it could pose. The residents were not just espousing unsupported fears; they were telling Memphis what they know through the experience of environmental degradation that spans generations. And those accounts are backed up by numerous studies as researchers and policymakers catch up to the realities of environmental injustice.

Additionally, few stories applied journalistic scrutiny to the company’s promises regarding the project’s benefits to the area.

MLK50: Justice Through Journalism centered Boxtown’s opposition in its first two stories about the project written last fall by freelance journalist Leanna First-Arai. The stories caught the attention of former Southwest Memphis resident Kathy Robinson, who sent it to another former resident Kizzy Jones, who shared it in a Mitchell High School alumni Facebook group where Justin J. Pearson, also from the area, read it.

Those stories brought together the three eventual founders of Memphis Community Against the Pipeline, and they attended what would be Plains’ last community meeting, in November. 

Knowing that the pipeline would run through the places they grew up and where their families and friends still reside led the trio to fight. Boxtown residents, many of whom are elderly, accepted the help of MCAP after elected officials ghosted the neighborhood associations’ previous efforts.

Months later, MLK50 was first to report on Plains’ use of eminent domain in Memphis to force access to land that owners wouldn’t sell to them. The frustration and pain of the residents came through in story after story, including one about a landowner who sued the company, alleging that a Byhalia Pipeline agent took advantage of her medical emergency to have her sign away an easement.

Another story, co-published with The Guardian and Southerly, took a broader look, calling the Byhalia Pipeline fight a “flashpoint in a national conversation about environmental justice and eminent domain.” The fight had already gained national attention, including from celebrities Justin Timberlake and Danny Glover, former Vice President Al Gore and the Rev. Dr. William J. Barber II, co-chair of the Poor People’s Campaign: A National Call for Moral Revival.

As the stories continued and more information about the company’s use of eminent domain and the risks of a spill became apparent, local politicians — who previously would not respond to residents’ requests for support — jumped on board.

Knowing the stories of property owners changed Westwood pastor the Rev. Melvin Watkins’ opinion on the pipeline.

And knowing the pipeline would have added risk to the Memphis Sand aquifer made Memphis Mayor Jim Strickland an opponent, but this was after the community’s many requests for his help.

The saying is that “knowing is half the battle,” but for the Byhalia Connection, knowing seemed to be all of the battle for pipeline opponents.

Community determination

At a November community meeting, Jones asked company representatives what residents would need to do to have Plains abandon its plans. One representative was Deidre Malone, a former Shelby County commissioner and public affairs consultant hired by Plains. At the same time, Malone served as second vice chair of the NAACP Memphis Branch, which accepted a $25,000 donation from developers.

Malone told Jones she didn’t know what it would take to stop the pipeline and that there is a “strong possibility” it would be built, and that the community should instead dialogue with the company on how to “work together.”

Plains representatives did not consider the option of not building a pipeline because the community doesn’t want it since fossil fuel companies historically have never been required to care what poor Black communities think of their business.

If a landowner doesn’t want to sell access to an oil corporation, the company can simply force their way onto the property through eminent domain. “No” was never a real option for someone who can’t afford to stand up to the multi-billion-dollar company in court.

Southwest Memphians should be able to veto projects that pose an immediate risk for their community. Furthermore, low-income communities of color should not be forced to host a contributor to a climate crisis from which they will be first to bear the most severe consequences. And the veto should be backed by elected officials and government institutions.

A Plains land agent said the route through the area was chosen because it was a “point of least resistance.”

The infamous one-liner highlights a fundamental question that’s larger than Memphis. Should Black people — including those with low wealth — control what goes in and out of their communities?

Some would say, yes, Black people should control the economics and politics of their community. But Plains representatives have argued that the pipeline was opposed by only a vocal minority.

I made cold calls to landowners who sold easements to the company in an effort to find a landowner or resident in the path of the pipeline that would say they were excited about the project. To this day, I’ve found none.

The Daily Memphian posed the question of whether pipeline supporters were being “drowned out.” But even that story did not include a single resident who publicly supported the project, only an anonymous Boxtown resident who said they were neutral.

I even turned to Plains’ representatives and asked to be connected with a landowner in support of the pipeline. They didn’t provide a landowner, and one representative responded saying, “Based on MLK50’s previous coverage around the project, I’d like to better understand your intentions.” However, no representative accepted calls or returned emails to discuss further.

No community is a monolith, and my goal is to amplify the voices I encounter in my reporting. The only Memphian I encountered who publicly claimed to want the pipeline was Malone, a public affairs advisor for Plains, and she declined to be interviewed.

What happened here sent a message: Billion-dollar companies must respect the agency and dignity of the people who would host their projects, regardless of their race and access to capital. Although that should be the norm — it’s not.

I wonder if it had been the norm decades prior, would Southwest Memphis have given the fossil fuel industry permission to move its polluting businesses to their community?

Credit due

For decades, Southwest Memphis has carried a disproportionate pollution burden and now has helped the entire city dodge an additional risk to its water supply. But a verbal thank you —  if Southwest Memphis receives one — won’t be enough for a community that remains over-polluted and one of the poorest ZIP codes in the city.

When the history of the fight is distilled, some will say aquifer advocates stopped the pipeline, some will say MCAP stopped it, others will say local elected officials did, and Plains will say COVID-19 stopped the pipeline.

But the ultimate credit must go to Boxtown and the other Southwest Memphis residents who were first to sound the alarm.

The Boxtown Neighborhood Association organized the first community meeting not hosted by Plains and community leaders invited elected officials to it; none showed up.

And it was Robinson, Jones, and Pearson — daughters and son of Southwest Memphis — who carried the fight to a national stage during a pandemic. 

It’s easy for the efforts of poor Black people and, in particular, Black women to be forgotten by history — or erased — to make more space for celebrities or people more palatable for white sensibilities.

But this example needs to be maintained accurately for generations to come. Because knowing about Southwest Memphis’ victory may be critical to how communities respond to the difficult environmental fights of the future.

Wells addressed this, too, in her 1892 book, Southern Horrors.

“The people must know before they can act, and there is no educator to compare with the press.”


Carrington J. Tatum is a corps member with Report for America, a national service program that places journalists in local newsrooms. Email him at carrington.tatum@mlk50.com

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Byhalia Pipeline Connection Project Abandoned

The controversial Byhalia Pipeline Connection project has been abandoned for reasons related to the COVID-19 pandemic, officials said in a formal announcement Friday.

A joint venture with two companies — Valero and Plains All American Pipeline — began surveying here last year for a project to build a 49-mile pipeline from Memphis to Marshall County, Mississippi, for a new pipeline that would connect to other crude-oil pipelines in the area.

The project raised the ire of Memphis activists who argued it would run through primarily Black neighborhoods, exposing residents there to environmental risks. The project was also the target of moves by members of the Memphis City Council and the Shelby County Commission to pause or stop its progress.  

The company announced in a Securities Exchange Commission (SEC) document that it “is no longer pursuing the Byhalia Connection construction project primarily due to lower U.S. oil production resulting from the COVID-19 pandemic.”

“We value the relationships we’ve built through the development of this project, and appreciate those that supported the project and would have shared in its ongoing benefits including our customers, communities, energy consumers, landowners, area contractors, and suppliers,” a company spokeswoman said in a statement.

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Objection on Commission Forces Monday Vote on Pipeline-Area Sale

An attempt by the administration of Shelby County Mayor Lee Harris to withdraw the the sale of two tax-defaulted properties from a committee agenda having been foiled by a commissioner’s protest on Wednesday, the Shelby County Commission is set for an up-or-down vote on the item at its public meeting on Monday. 

The import of the vote is that the two properties, both now technically owned by the county, lie squarely within the South Memphis area targeted for construction of the proposed Byhalia Connection oil pipeline.

Volatility is expected from both opponents and proponents of the pipeline at Monday’s meeting.

A moratorium on a sale of the two properties was imposed by the Commission in October at the request of Commissioner Reginald Milton, who now chairs the Commission’s Delinquent Tax committee, the only Commission committee whose votes by state law are not open to all members of Commission as a committee of the whole.

The committee’s four members are Milton, Amber Mills, Willie Brooks, and Mick Wright. Milton and Brooks are Democrats, and Mills and Wright are Republicans. On Wednesday, only Milton and Mills were present, and Mills — on behalf, she said, of fellow Commissioner Edmund Ford Jr., whose district overlaps with the area of the two properties in question —  objected to withdrawing the item from the agenda.

The votes of Milton and Mills regarding her objection canceled each other out, resulting in a resolution to sell the two properties moving, without a recommendation for or against, onto the Commission’s Monday agenda for a vote by the full Commission body.

As of now, the sale price of the properties is expected to be $11,363.00, the amount of the unpaid tax liability. 

A companion item on Monday’s agenda, also to be voted on by the full Commission, would eliminate the moratorium on sale of the properties.

Such a sale, presumably to Valero Energy Corporation and Plains All American Pipeline, who intend to build the Byhalia Connection pipeline, is sure to be stoutly resisted by pipeline opponents, who see the proposed structure as detrimental to low-income Blacks in the affected area and as an environmental hazard to the underlying Memphis sand aquifer, source of the Memphis area’s drinking water.

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Celebrities Tweet Opposition to Byhalia Pipeline

Twitter

Celebrities are lending their voices to the opposition of the Byhalia Connection pipeline project. 


See story here for more details on the project.

Some of the biggest names to tweet against the project include actors Danny Glover, Giancarlo Esposito, Jane Fonda, Piper Perabo, and Tim Guinee. Former vice president Al Gore also asked “Memphians and fellow Tennesseans” to “stand together against the Byhalia pipeline.”  

Celebrities Tweet Opposition to Byhalia Pipeline

Celebrities Tweet Opposition to Byhalia Pipeline (2)

Celebrities Tweet Opposition to Byhalia Pipeline (4)

Celebrities Tweet Opposition to Byhalia Pipeline (3)

Celebrities Tweet Opposition to Byhalia Pipeline (6)

Celebrities Tweet Opposition to Byhalia Pipeline (5)

Celebrities Tweet Opposition to Byhalia Pipeline (7)

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Cohen Asks Biden to Rescind Pipeline Permit

Center for Applied Earth Science and Engineering Research (CAESER), University of Memphis

Ninth District Congressman Steve Cohen

U.S. Rep. Steve Cohen (D-Memphis) urged president Joe Biden Monday to rescind a federal permit for the Byhalia Connection pipeline ahead of a possible Tuesday meeting by the Memphis City Council to oppose it.

The pipeline project won approval from two U.S. Army Corps of Engineers offices (Memphis and Vicksburg) nearly two weeks ago to build a 49-mille crude-oil line from Memphis to Marshall County, Mississippi.

The project has faced major opposition from environmental groups, as the line would be built across a well field that connects to the Memphis Sand Aquifer, the source of Memphis’ famously pure drinking water. The project has broader opposition from groups who say the line would be built through predominantly Black neighborhoods. Cohen pointed at both of these arguments in his letter to the Biden Administration.

“The proposed Byhalia Pipeline would impose yet another burden on Black neighborhoods in southwest Memphis that have, for decades, unfairly shouldered the pollution burdens of an oil refiner, and coal and gas-fired power plants,” Cohen wrote. ”If built, the pipeline will cross a municipal well field that supplies drinking water to local Black residents in Memphis.”
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For its part, Byhalia Connection, a joint venture of Valero and Plains All American Pipeline, said it picked the route for the pipeline with considerations for endangered species, neighborhood development, parks, landmarks, and cultural and historic sites, according to company spokeswoman Katie Martin. The company looked at Nonconnah Creek, flood control structures, T.O. Fuller State Park, and more. It also chose to run its line across mostly vacant properties; Martin noted that 62 of the 67 pieces of property on the route are vacant.

The company also worked with the Centers for Applied Earth Science and Engineering Research (CAESER) at the University of Memphis to learn about the aquifer. The company determined that the ”drinking-water portion of the aquifer is far below where our pipeline will be, which is 3-4-feet underground.

“So, we really are trying to thread the needle and find the way to cause the least amount of disruption and the least amount of concern for the community as possible,” Martin said.

Along with his letter, Cohen posted a copy of a letter from Corps of Engineers District Commander Col. Zachary Miller. In the letter, Miller responded to Cohen’s many questions regarding the project and why they approved it.

[pdf-1]
For one, the Corps said it does not have jurisdiction over groundwater issues. Its permit process is limited to wetlands or streams, and the project presents “no projected impacts” to either, the letter reads.

Ground water considerations are the purview of the Tennessee Department of Environment and Conservation (TDEC), which granted a state permit for the project more than a month ago. An oil spill from the pipeline “is not reasonably likely” to contaminate the aquifer, Miller said.

“To the extent your question involves concerns with a spill causing contamination of the aquifer, the information received from members of the public on this point indicate that contamination of the aquifer is not reasonably likely to occur due to local geography as well as distance between the pipeline and the Memphis Sand Aquifer,” reads Miller’s letter. “Aside from the terminus in Eastern Mississippi, the pipeline will be located 3 feet-10 feet underground, well over 100 feet above the drinking water aquifer, and separated by a confining clay layer.”

Jim Kovarik, executive director of Protect Our Aquifer, says the state has a bias for Middle and East Tennessee in this permit process. Most of the drinking water from those areas come from ground water.

“There’s never been protections written into the law specifically for West Tennessee, which enjoys a sand aquifer and it’s a different kind of a beast,” Kovarik said. “It’s all coming to light as these permitting agencies do their thing. They say, ‘you know, the [Memphis Sand Aquifer] is not our concern. It’s several hundred feet below where this is happening. These are only surface intrusions.’ And, you know, the subtext is ’we don’t really care.’”

Th Southern Environmental Law Center (SELC) conducted a hydrology report to review the pipeline’s potential threat to the aquifer. That report notes that the Memphis Sand Aquifer is hydraulically connected to other, more shallow aquifers above it through holes in the clay layers. Depending on where a potential leak could happen, crude oil from the pipeline could reach the Memphis Sand “in a matter of years rather than the decades usually associated with the amount of time it takes water to travel through the ground to the city’s drinking water source,” said George Nolan, a senior attorney at SELC.

Center for Applied Earth Science and Engineering Research (CAESER), University of Memphis

”Crude oil spills are difficult if not impossible to completely clean up, particularly when they impact groundwater,” Nolan said. “Crude oil contains known carcinogens and hazardous chemicals, such as benzene, and once crude oil reaches groundwater, the resulting contamination plume in the affected aquifer can be very persistent.

“When spilled underground, crude oil can dissolve into hazardous particles that spread throughout the water. In fact, one pound of crude oil can contaminate 25,000,000 gallons of groundwater, according to the report.”

However, company spokeswoman Martin said All Plains moved 90 billion gallons of oil last year. The one leak it had last year was from a third party company that hit one of their lines “that had nothing to do with us or our construction.”

Martin has also said the Byhalia Connection line here would come with a number of safeguards, including leak detection system for constant monitoring of line pressure and weekly monitoring of the line from the sky.

Center for Applied Earth Science and Engineering Research (CAESER), University of Memphis

On the question of environmental justice — whether or not the pipeline would disproportionately affect Black communities — the project checked one box but not another. The ”socioeconomics and demographics” of the affected area did trigger federal review of the project on environmental justice concerns.

But the project itself would not negatively affect those communities, the letter said. The “activities authorized by this permit will not exceed de minimis levels of direct emissions,” or emissions too low to merit consideration.

While many of the properties along the proposed route are vacant, some aren’t. Some of the property owners there have sold easements to Byhalia Pipeline. Some didn’t, and some of those are under threat of having their land claimed anyway though eminent domain.

Scottie Fitzgerald said during an anti-pipeline rally recently that she’s owned property in South Memphis since 1982. She said she was confused as to how the company could claim property along the pipeline route with eminent domain. The method is to take property for something that will “propel Memphis,” or benefit the city like sidewalks.

She said she told the company no. She told them not to survey her land and she put a ”no trespassing” sign in her yard.

Center for Applied Earth Science and Engineering Research (CAESER), University of Memphis

“My answer was no,” Fitzgerald told those on the rally’s Zoom call. “Now, you’re just going to strong-arm me and bull me and take it? That’s just not legal. That’s not right. That’s not ethical. It’s not moral. It’s wrong.”

“No crude oil pipelines built near an earthquake zone atop an aquifer that supplies a predominantly Black community drinking water can be safe,” said Justin Pearson, organizer of Memphis Community Against the Pipeline (MCAP) group, which organized the rally against the project. “This fast-track permit removes community voices and doesn’t protect our most invaluable resource — our water — from the dangers of this pipeline. It’s time to stop the Byhalia Pipeline and end this environmentally racist pipeline project.”

Cohen appealed to Biden’s promised actions on environmental issues, especially climate change, to request the permit be rescinded.

“As you take immediate action to address the climate crisis, I write to ask your administration to direct the Army Corps of Engineers to rescind its recent verification of the use of the Nationwide Permit 12 (NWP 12) for the proposed Byhalia crude-oil pipeline that would threaten the drinking water and disrupt the property rights of predominantly Black neighborhoods in my district,” Cohen wrote.

Scott Banbury, conservation program coordinator of the Tennessee Chapter of the Sierra Club, said “the Biden administration has pledged to address environmental racism, and revoking this permit would show action on that promise.”
City of Memphis

Edmund Ford

“The Corps ignored the harm that this dangerous pipeline could cause to drinking water and it failed to consider how that harm will affect the already environmentally burdened communities it will pass through in Southwest Memphis,” Banbury wrote. “We can’t let this stand unchallenged.”

Cohen’s ask comes as many opponents are tying their hopes to stop the pipeline on local action, instead of federal.

Locally, Memphis City Council members Dr. Jeff Warren and Edmund Ford have co-sponsored a resolution to 

Jeff Warren

oppose the pipeline. The measure had one hearing a month ago. Its second review was slated for last week, but was stymied by winter weather. The council will take up the opposition resolution during its meeting scheduled for Tuesday.

Resolutions are usually non-binding, and are mostly a way for council members to officially capture an opinion on a matter. However, the one before the council asks Memphis Light, Gas and Water to not cooperate with the Byhalia Connection company.

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No ‘Oil in the Soil’: Byhalia Pipeline Project Gets Lengthy Council Review

Protect Our Aquifer

The proposed route of the Byhalia Connection Pipeline.

A Memphis City Council committee will reconvene in two weeks to reconsider a resolution to oppose the proposed Byhalia Connection Pipeline that would run through southwest Memphis.

A joint venture with two companies — Valero and Plains All American Pipeline — began surveying here last year for a project to build a 49-mile pipeline from Memphis to Marshall County, Mississippi for a new pipeline that would connect to other crude-oil pipelines in the area. Plains All American spokeswoman Katie Martin told council members here Tuesday the company hopes to begin construction of the pipeline within a few months and then wrap up the construction within nine months.

A resolution opposing the plan from council members Dr. Jeff Warren and Edmund Ford got a lengthy hearing Tuesday of more than one hour. In the end, council members voted to hold the item for two weeks to allow for more testimony and more time to gather facts.

The resolution specifically asks Memphis Light, Gas & Water (MLGW) to refuse an easement across any of its property for the project. While MLGW officials said the utility only owns a small portion of the land on the pipeline route, Warren asked that they deny the company rights to it.

Warren and Ford oppose the pipeline as it would sit above the Memphis Sand Aquifer, the source of the city’s famously pure drinking water, and the Davis Wellhead, where some of that water is drawn. The pipeline would also run through Ford’s mostly Black district.

The resolution says African Americans were and are 75 percent more likely to reside near “toxic” oil and gas infrastructure. It points to data from the Journal of the National Cancer Institute that living within 30 miles of this infrastructure increases the risk of developing cancers including lymphoma, lung cancer, breast cancer, colon cancer, and prostate cancer. Susceptibility to these diseases increase with age, according to the resolution. More than 35 percent of Memphians living in that proximity to the proposed pipeline are 50 years old and above, the resolution says.
[pullquote-1-center] “I do not want to be Flint, Michigan,” Ford said. “Flint, Michigan, was Black people and my district is Black people and that ain’t going to happen.”

Martin, the Plains All American spokeswoman, claimed the company’s pipelines are safe, protected by the “latest and greatest technology,” including constant pressure monitoring and weekly inspection flyovers.

Martin said the economic impact of the pipeline could be as high as $3 million. The company has already given $1 million to local charities. Also, she said 94 percent of landowners on the pipeline route have agreed to sell the company easements across their land. Though, she admitted some land would likely have to be acquired through eminent domain, or taken by the government or by a purchase forced by the government for the public benefit.

In the resolution, Ford and Warren say the pipeline “fails to confer some benefit or advantage to the public” in Memphis and Shelby County. For this, they said arguments for eminent domain are “spurious.”

Protect Our Aquifer, a Memphis group seeking protection of the Memphis Sand Aquifer, asked its members to lobby their city council representatives to join the resolution and oppose the pipeline.

“This is what environmental injustice looks like,” reads a Monday email from Protect Our Aquifer. “They are asking a poor African American neighborhood — once again — to bear the burden of invasive construction, the potential of pollution, reduced property values, and quality of life to help a Texas corporation make billions of dollars.”

“There is no community benefit for this pipeline. Only risk to our drinking water. The crude oil in this high-pressure pipeline is headed for the Gulf of Mexico for export.”
[pullquote-2-center] The sentiment was echoed in a fiery speech Tuesday from Justin Pearson, who leads a group called Memphis Community Against Pipeline. He said the route was picked because those along it were majority Black, a process of “racist capitalism” through the “path of least resistance.”

“This is the community speaking back,” Pearson said of his testimony during Tuesday’s hearing. “The community is saying we don’t want oil in the soil. These people are being picked up by a billion-dollar corporation because they are the path of least resistance.”
[pullquote-3-center] Scott Crosby, an attorney with the Memphis law firm Burch, Porter & Johnson, told council members he is now representing private landowners along the pipeline route in the Boxtown area. He said some there refused to sell their land and were sued in condemnation proceedings. Others, he said, agreed to Byhalia’s terms because they thought they had no recourse. Several cases related to pipeline land acquisition there have been rolled into one, Crosby said, and hearings are set to begin on the matter next week.

“What we are asking council to do is to support this resolution and step in for individual landowners,” Crosby said, “and say to Byhalia Connection, ‘Memphis doesn’t want this pipeline.’”