Saturday, May 2, 2015

The Trans-Pacific Partnership and the Death of the Republic

The United States shall guarantee to every State in this Union a Republican Form of Government.    — Article IV, Section 4, US Constitution
A republican form of government is one in which power resides in elected officials representing the citizens, and government leaders exercise power according to the rule of law. In The Federalist Papers, James Madison defined a republic as “a government which derives all its powers directly or indirectly from the great body of the people . . . .”
On April 22, 2015, the Senate Finance Committee approved a bill to fast-track the Trans-Pacific Partnership (TPP), a massive trade agreement that would override our republican form of government and hand judicial and legislative authority to a foreign three-person panel of corporate lawyers.
The secretive TPP is an agreement with Mexico, Canada, Japan, Singapore and seven other countries that affects 40% of global markets. Fast-track authority could now go to the full Senate for a vote as early as next week. Fast-track means Congress will be prohibited from amending the trade deal, which will be put to a simple up or down majority vote. Negotiating the TPP in secret and fast-tracking it through Congress is considered necessary to secure its passage, since if the public had time to review its onerous provisions, opposition would mount and defeat it.
Abdicating the Judicial Function to Corporate Lawyers
James Madison wrote in The Federalist Papers:
The accumulation of all powers, legislative, executive, and judiciary, in the same hands, . . . may justly be pronounced the very definition of tyranny. . . . “Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would then bethe legislator. . . .”
And that, from what we now know of the TPP’s secret provisions, will be its dire effect.
The most controversial provision of the TPP is the Investor-State Dispute Settlement (ISDS) section, which strengthens existing ISDS  procedures. ISDS first appeared in a bilateral trade agreement in 1959. According to The Economist, ISDS gives foreign firms a special right to apply to a secretive tribunal of highly paid corporate lawyers for compensation whenever the government passes a law to do things that hurt corporate profits — such things as discouraging smoking, protecting the environment or preventing a nuclear catastrophe.

Wednesday, April 8, 2015

Fractivist, Shane Davis and Honor The Earth's, Winona LaDuke Team up for Anti-Fracking Speaking Tour in Michigan


April 6, 2015

Contact: LuAnne Kozma, Committee to Ban Fracking in Michigan

Winona LaDuke and Shane Davis to speak on fracking and pipelines at “Honor the Earth” events in Detroit and Bloomfield Hills

Charlevoix, Michigan – Internationally known activists and environmentalists Winona LaDuke, of Honor the Earth and Shane Davis, who founded the blog, will speak about fracking and pipelines at two events in Bloomfield Hills and Detroit. On April 13 at Birmingham Unitarian Church and on April 14 at Marygrove College, the Committee to Ban Fracking in Michigan and seven other sponsors are hosting “Honor the Earth.”

Winona LaDuke-- Native American activist, environmentalist, economist, candidate and writer, known for her work on tribal land claims and preservation, and sustainable development with the non profit organization Honor the Earth (, —and Shane Davis—biologist, data-miner, activist,
researcher, and founder of, an investigative blog that exposes the harm to the environment by government and the oil and gas industry, empowering the nationwide anti-fracking movement—are also part of the Tar Sands Resistance Tour sponsored by and Honor the Earth, with events here and in other Midwest states. While in Michigan, Shane and Winona are presenting on these two special nights in support of the Committee to Ban Fracking in Michigan’s efforts to protect the Earth and ban fracking and frack wastes in Michigan.


Event details
April 13, 7-9:30 PM
Birmingham Unitarian Church, 38651 Woodward, Bloomfield Hills 48304
Info: 248-390-3198

April 14, 3 to 5 PM
Marygrove College, Liberal Arts Theatre
8425 McNichols, Detroit 48221
Info: (313) 717-6151

The complete list of sponsors:
American Indian Health and Family Services
Birmingham Unitarian Church
Committee to Ban Fracking in Michigan
Great Lakes Bioneers Detroit
IHM Justice, Peace and Sustainability Office
Marygrove College
Michigan Citizens for Water Conservation
Zero Waste Detroit

The Committee to Ban Fracking in Michigan is a ballot question committee conducting a ballot initiative that collected over 70,000 signatures in 2013 for a statewide ban on fracking and frack wastes. The group is working on placing a ballot proposal on the next statewide ballot in 2016. The Committee’s website is:

# # #

Tuesday, January 13, 2015



XTO ENERGY is headed by Randy Cleveland who is also the Co-Chair of Governor Hickenlooper's Oil and Gas Task Force (Blue Ribbon Panel). The data is sourced from the Colorado Oil and Gas Conservation Commission (COGCC).









Monday, January 5, 2015

Theo Colborn, an environmental health analyst who was best known for her studies on the effects of endocrine disrupting chemicals, died on December 14, 2014. Theo was featured in the films "Dear Governor Hickenlooper" (Mountainfilm 2014) and "Bag It" (Mountainfilm 2010).  Fractivist Shane Davis worked closely with Colborn during recent  years and wrote this letter in her memory.

Dear Theo,
It’s with many tears that I write these words to you about how you and your work changed the course of my life. I will always honor our times together, discussing new theories over tea—you sitting in your chair with your leg propped over the side laughing about silly things or discussing the more serious topics of endocrine disruption, someone’s new scientific study and, of course, the fracking industry and its systemic effects on environmental and human health through the misuse of chemicals.
 When we met years ago, you put me through a rigorous test to ensure I was capable, which allowed me to demonstrate that I could protect and assist you and your work for the greatest positive social change. Somehow I passed that test and am forever grateful just for the opportunity—let alone the years we shared afterward working together.
Ever since I was a young boy, Carl Sagan’s research and humanitarian brilliance tucked me into bed at night via Cosmos. Although I never met Carl, he was my most influential mentor until I met you. You both shared the tenacity of truth, a way of exploring facts without personal bias and without giving up on the journey. You imparted a deep sense of faculty in uncovering the truth and using it to protect our environment and those who are naturally determined to thrive in it.
As one of many leaders in the anti-fracking-turned-civil-rights movement, your scientific studies were at the tip of every spear used by grassroots organizations to arm themselves with the best science available regarding air chemistry near fracking industry operations.
I cited your research at hundreds of public presentations nationwide and recall that when I gave lectures on fracking, you would send me a note that read “Knock their socks off, Shane…”
I enjoyed every bit of work I did with you, Theo, and am honored to have helped you in any small way that I could. But far more importantly, I learned that “deep inside everyone, there is something bigger and stronger than we are aware of at this time that cannot be suppressed by man-made chemicals—something that will prompt some very exceptional leadership to step forward with the courage to turn off corporate control of the government and the world and take back for society what it needs to thrive.”
As Carl Sagan said, “We are all made of star stuff.” But you, Theo, are made of the finest star stuff the universe has ever created—you are a universal treasure.
I will always see you in the stars.

Shane Davis is a data-miner, activist, biologist and the founder of, an anti-fracking investigative organization. His research has empowered dozens of grassroots organizations and public debates nationwide. He was featured in the collaborative film Dear Governor Hickenlooper (Mountainfilm 2014).

Wednesday, December 17, 2014

New York State to Prohibit Fracking - Quotes from fracking impacted citizens in NY and around the country.

Earthworks et. al.
December 17, 2014

After health review, NY Department of Health commissioner declares he wouldn’t want his children to live near fracking; DEC Commissioner says risks outweigh any benefit

Today New York Governor Andrew Cuomo, Department of Environmental Conservation (DEC) Commissioner Joseph Martens, and Department of Health Commissioner (DOH) Howard Zucker announced that the state of New York would prohibit high-volume horizontal fracturing of shale after announcing the results of a state-commissioned scientific review of the health impacts of oil and gas development.
“Would I let my child play in a school field near [fracking]?,” asked Health Commissioner Zucker. He continued, “The answer is no.”
In response, Governor Cuomo said, “If you wouldn’t want your children to live near fracking, no one’s children should have to.”
The DEC will include those findings in its own long-awaited impacts document, which will be released in early 2015 with a clear recommendation to prohibit fracking in the state.

Reactions from fracking-impacted communities around the country:

New York statement
"New Yorkers are so fortunate to have decision makers who have listened to the public and the emerging science, and are not willing to sacrifice communities, public health, and local and sustainable economies," says Jill Wiener of Catskill Citizens for Safe Energy and Advisory Council Member for Stop the Frack Attack. "This courageous decision in the face of industry pressure strengthens our resolve to help all our neighbors nationwide who are living with the nightmare of drilling--and who equally deserve protection of their air, water, and health."

California statements
'Congratulations to all of the hardworking communities and activists that worked to protect New York from the many negative impacts of fracking. Let's hope that California's Governor Brown sees the sanity in Governor Cuomo's decision to ban fracking in New York.' -- Paul Ferrazzi, executive director from Citizens Coalition for Safe Community, and Advisory Council Member for Stop the Frack Attack.

“We are thrilled and excited for the win in New York. This is a bold action on fracking, a practice we know well in here California, particularly in the Central Valley. It is damaging and putting residents at risk here. We look to Governor Brown to protect our schools, farms, families, and communities the same way the New York Governor Cuomo has protected the people of NY. Its important to know that 354,000 CA public school students are exposed to the impacts of fracking everyday and this is something NY students will never have to know.” -- Madeline Stano, staff attorney for Center on Race Poverty and the Environment
Colorado statement
'The only path forward regarding fracking industry operations should be to exercise the precautionary principle. It is very clear the fracking industry and the oil and gas regulatory state preemption framework does not conduct itself in a manner consistent with public health safety and welfare.' -- Shane Davis, Executive Director, and Advisory Council Member for Stop the Frack Attack

- See more at:


Saturday, December 6, 2014

Incredibly Poignant Comment from Audience Member Regarding Fracking Presentation

I gave my 'Inconvenient Proof - a state of failures'  presentation in Timnath, Colorado just two days ago with attorney, Dan Leftwich from  The room was packed, a standing room only, with concerned citizens from the local area and a myriad of fracking industry workers.

I am always looking for the 'opposition' to heckle our meetings as they tend to do so with delight. I personally believe it's amateur at best, that the fracking industry attends our meetings to hand out their public relations garbage with a smile.  A lie with a smile is just a bigger lie. To our delight, there were no handouts of paperwork telling us that fracking fluids are 'found in our birthday cake', 'under our sinks', 'in our ice cream' and of course the morally reckless demonstration from Governor Hickenlooper drinking a citrus based fracking fluid sans the radioactive and carcinogenic chemicals.

After our Timnath presentations were completed I was approached by an audience member who told me that just prior to coming to our meeting he/she had a fracking industry at their doorstep telling them 'If you're going to see the anti-fracking presentation tonight,  it's all lies and you should know we have our own information and our side of the story that you must see too.'

First of all, it's clear the permitting frackers in Timnath are very nervous about us speaking the truth. The frackers send people knocking door-to-door in a feeble attempt to gain community support for their side of the story.  I guess if they are trying to sell the fracking snake oil myth, they gotta do what they gotta do right?

After Mr. Leftwich and I finished our presentations we felt that many people that were 'on the fracking fence' fell to one side. The side of truth and civil rights.  Here is a comment that one particular audience member left for us.  It's as precise as it gets, and a must read.


'First, let me remind everyone that I am not the spokesperson for the "Protecting Timnath" group, or last evenings' speakers. I'm happy to join them, I applaud their efforts, but am not trying to represent them, or take credit for their work. I hope this will be a respectful discussion, but I make no effort to be politically correct. I am a concerned citizen of this community.

I must say again, do your own research. I know this all sounds too impossible to be true, but unfortunately, it is all true. No one thought tobacco was harmful, or believed Erin Brockovich about the pollution by CG&E at first, either. Making snide remarks and insulting the messenger does not alter the facts. 

We were shown maps, pictures, and satellite images of pollution trails, page after page taken from the COGCC's own website of violations, complaints, rulings, letters and emails. This is all public information. It is not the wild ravings of some radical, tree hugging, extremist group, as some would have you believe. Colorado does not have the strongest regulations in the country. This is just the excuse the oil companies use to try to say fracking will be safe. 

Thanks to Dick Cheney, fracking is exempt from all clean air and water regulations. Does this sound safe to you? The very agency mandated with assuring that our health and safety are protected, COGCC, is acting as if it is an arm of the Colorado Gas and Oil Assoc., even allowing COGA to pursue overturning local fracking bans on behalf of the state. Seems unbelievable, right? Look it up. 

Ask local university scientists, biologists and geologists if this process could possibly be done safely. Read the COGCC rulings for yourself, research the communities where fracking has already taken place. Find out how many billions of gallons of water has already been used, which can never be cleaned or re-enter the cycle of use, evaporation, rain, use, etc. 

Learn about the cancer rate spikes in fracking areas. Drive though Weld County and observe storage tanks of toxic waste near playgrounds and in backyards. Read the scientific analysis of what that waste actually contains. If you want to know the position of the industry, simply turn on your TV. 

We are being bombarded with ads claiming how safe fracking is. No one disputes that jobs are created, and energy produced. The problem is the cost to our health, safety, and the environment. You have to ask yourself, do you want your family to be the canary in the coal mine? How many will have to be poisoned before it's finally considered unsafe?

I did a little research and went to this meeting thinking I probably didn't want fracking under our neighborhood elementary school and I certainly didn't want to deal with the noise and lights. I came home believing that fracking will be responsible for a public health and environmental disaster far beyond our current understanding.'

- Pat Watkins

Saturday, November 29, 2014

Host of Colorado Fracking Industry Failures - As Reported via my Twitter Account @fractivist

If you follow me on Twitter, you'll get to see near real-time fracking industry violation spills, violations, mishaps, fires, official documents exposed and much more.  Please follow on Twitter: @fractivist for more.

Here are a few examples of fracking industry failures that I have posted on Twitter.

Thanks for having a look!


1.)  @NobleColorado can you answer 'why' you have 'no' officially documented spill reports for these #fracking wellpad spills? If these are not spills then what are they, and are the accounted for?

My thoughts:  Noble Energy operates these specific wellpads and may have had fluid spills on the surface (as depicted in the satellite image). It's so much cheaper for the fracking industry to not report spills of high volumes as these appear to be. The reclamation costs would be astronomical if benzene levels were in exceedance of COGCC limits. What fracking industry operator wants to fill out a spill report and file it with the state anyway? The person that may have been liable for the spills (foreman, etc...) would undoubtedly lose his/her job, so it 'unethically makes sense' to never report spills.  

Tip: You cannot hide from a satellite, nor me, as I have all of your documents regarding these specific fracking industry facilities and there are zero reports of your alleged misdeeds.

2.) TODAY:11/24/2014 #Foundation #Energy #wellhead breaks, forcing flowline to break - releasing ~126 gal #fracking flowback fluids on Federal land. Any guess on what the fine will be? I'll give you a hint (it starts with zero and ends with zero).

Horizontal #fracking Permits Annually by Percentage in #Colorado 

2009 = 2.8%
2010 = 5.6%
2011 = 19.3%
2012 = 31.9%
2013 = 56.1%
2014 = 58.4%


FRAC FACT: #Colorado currently has 76 #oil and #gas drilling rigs punching holes into the #earth every day. 


FRAC FACT: Only 3,451 of the ~52,000 #fracking wells are horizontal. Over 90% of all wells are #fracking for #oil not #gas 

3.) How many #fracking industry chemicals can you count? 

Check the full 4 page list link below. 

Friday, October 3, 2014

Who Killed the Vote on Fracking?

Why Colorado’s anti-fracking measures were not supported by Democrats and environmental groups

By Joel Dyer, Matt Cortina & Elizabeth Miller
At first glance, determining who to blame for the fact that Colorado voters will not get their chance to decide for themselves who controls oil and gas drilling and hydraulic fracturing in their neighborhoods seems simple enough. On Monday, Aug. 4, as the result of a political compromise with Colorado’s Democratic Governor, John Hickenlooper, U.S. Rep. Jared Polis (D-Boulder) agreed to withdraw his support for the citizen initiative process that could have placed two anti-drilling/fracking initiatives (Amendments 88 and 89) on the November ballot. The initiatives, which had each garnered well in excess of the 86,105 signatures needed to be placed on the ballot (provided the signatures held up), would have amended the state constitution to give more control over drilling and fracking to local communities and/or establish a 2,000-foot setback from occupied structures for oil and gas drilling operations.

Wednesday, August 27, 2014


I am currently on a two hundred mile horse-ride with Winona LaDuke in response to the Enbridge fracked oil pipeline proposal through her sacred native lands. Please visit her website to get more details.

I'll have sparse reception, or none at all for lengths of time, but if you leave me a message I'll respond just as soon as I can.



3:00 PM Press Conference Thursday, August 28th
@ Enbridge Energy Bemidji Area Office
1129 Industrial Park Dr SE, Bemidji, MN

BEMIDJI, MINNESOTA – Wednesday, August 27th, Winona LaDuke, Executive Director of Honor the Earth, successfully completes 200 mile horse ride against the proposed Enbridge Sandpiper fracking oil pipeline. Partnering with the leadership for the campaign is Shane Davis, Executive Director, an oil and gas analyst from Colorado.

LaDuke and her team will be holding a press conference this Thursday, August 28th, at 3PM CST at the Enbridge headquarters, 1129 Industrial Park Drive SE, Bemidji, MN 56601.

The epic horseback journey traversed Sandy Lake and Rice Lake watersheds, the mother lode for wild rice in Minnesota. The proposed pipeline would divide the traditional wild rice beds from East to West.

Michael Dahl, Anishinaabe spiritual leader and rider explained, “This is the same path our ancestors walked. Now we are riding in those same footsteps. We are here to protect this land for future generations.”

LaDuke says “Enbridge chose a bad path. The people of Minnesota love their water more than oil and they are standing up against the pipeline. A single leak in the pipeline could discharge 20,000 gallons of fracking oil per minute. This could lead to an environmental catastrophe.”

Honor the Earth is gathering at the Bemidji headquarters of Enbridge to say no to any pipelines going through their lands. LaDuke will be onsite for questions and answers and invites all landowners that would be affected by the fracking oil pipeline, grassroots organizations, general public and all media outlets to attend.

This event is to inform the communities, and affected landowners, about the organization’s recent and upcoming activity for the STOP the Sandpiper campaign. All communities, grassroots organizations, affected landowners, and Enbridge are invited to attend.

Alyssa Hoppe
(612) 385 - 1557

Miigwech (thank you)

Monday, August 4, 2014

Tell Congressman Jared Polis that he Cannot Betray 300,000 Signatures Supporting Clean Air and Pure Water in Colorado

Dear Representative Polis:

We watched in horror as you blatantly hijacked Colorado’s democratic process, by throwing out nearly 300,000 signatures for statewide initiatives 88 and 89 that you yourself said were “sensible regulations on fracking.” You represent a district where five communities passed local initiatives that voted “yes” to moratoria and bans on fracking, yet you failed to represent those constituents, your constituents.

In the Colorado constitution, it states that all political power is vested in the people. Though our political process has largely been usurped by money and party rule, you the politicians forget that “We the people” are the party. You work for us and we have spoken. What you and the Democratic Party have done in this state is hijack our democratic process.

In less than six week’s time, we made it clear that we expect our right to “clean air, pure water and natural and scenic values” to be represented in the Colorado Constitution. And we expect that our local governments are there to protect us. By withdrawing these initiatives, you also withdrew the voice of Coloradans. 

You have said, in essence, that 'we the people' should not have the right to protect our communities from fracking. You, left us naked and unarmed to protect ourselves from what, by default, are non-sensible regulations which violate rights to safety. In Colorado we have 52,000 active oil and gas wells, 74,000 abandoned wells, 13 inspectors, 500 spills a year. That’s two a day now, Jared.

Your actions prove that we not only have an environmental crisis, but also a democracy crisis. We are not bargaining chips in some sort of game of Chicken with the Democratic Party and Governor Hickenlooper. We demand that you carry out the intent of the people who signed these initiatives in good faith. We demand you allow us to submit them if you will not. The democratic process is not yours to steal. It, like Colorado’s environment, is the common property of all Coloradans.
Protecting the health and welfare of Coloradans from the harms of the fracking industry should never be a poker game. These are real people’s lives at stake.



Tuesday, August 5th
4800 Baseline Road (Meadows on the Parkway Shopping Center)
Boulder, CO 80303


  • "This deal does nothing for the Broomfield residents who voted last November to get more information on the health and property impacts of fracking.  It will not protect us.  We are severely disappointed that politics are being played with families and our lives,” said Laura Fronckiewicz with Our Broomfield. 

  • “This ‘compromise’ will do nothing to address the fact that the oil and gas industry, in league with Governor Hickenlooper and the State of Colorado, continues to sue communities for voting to protect themselves from fracking. Local communities should not be pre-empted when it comes to protecting our health, safety and property from the dangers that flow from fracking, an extreme industrial activity,” said Kaye Fissinger, President of Our Health, Our Future, Our Longmont.  "The people of Longmont and all Coloradans have constitutional rights that protect their health and welfare.  It is past time when all branches of government need to honor those rights."

  • "We are outraged to see politicians once again prioritizing political expediency over the health and well being of Coloradans. The proposed compromise represents a failure on the part of both Polis and Hickenlooper to protect Coloradans from the dangers of fracking,” said Russell Mendell of Frack Free Colorado. “This is further evidence that real progress cannot come from the top down, and true change will continue to come from citizen, grassroots organizing.  There are hundreds of thousands of Coloradans who have been involved with local community efforts to protect their communities from fracking, who feel betrayed by this back room deal making. This deal only strengthens our resolve to work in our communities for real citizen initiatives that will ensure a safe and healthy future for all Coloradans.  It’s time for Coloradans to stand up take back our democratic rights.”

  • "The Mother's Project wholeheartedly opposes Rep Jared Polis' decision to withdraw the voices of Colorado communities. Polis' actions are the cancer of our failed Democratic system and it must be stopped immediately." Jodee Brekke


  • "You need a civics lesson Jared. It appears that your power, position and profits have given you the illusion that you are separate and apart from the rest of us. So let us be the ones to educate you on the rights of the people that the Colorado State Constitution guarantees will be upheld and defended by our government. " Mary Smith

Article II, the Bill of Rights, begins, "In order to assert our rights, acknowledge our duties, and proclaim the principles upon which our government is founded, we declare:
Section 1. Vestment of political power. All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
Section 2. People may alter or abolish form of government � proviso. The people of this state have the sole and exclusive right of governing themselves, as a free, sovereign and independent state; and to alter and abolish their constitution and form of government whenever they may deem it necessary to their safety and happiness, provided, such change be not repugnant to the constitution of the United States.
Section 3. Inalienable rights. All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness.

We intend to codify these rights, once again, in our Boulder County Home Rule Charter and continually assert them to insure that you and yours understand that "we the people" are the authority, that government is an extension of our will and exists for the good of the whole, and that, as our elected representative, you work for us." 


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