Seattle Steam’s Legal Threats Against Environmental Justice Leader

20 Mar


In a response to Seattle Steam’s threats against free speech, there is a Die-In scheduled for 12pm on April 5th.

From Occupy Seattle Environmental Justice Working Group:

Seattle Steam’s lawyer is threatening to sue one of our Environmental Justice folks for “defamation and commercial disparagement” since our campaign has been telling the lethal truth about Seattle Steam’s toxic incinerator near Pike Place Market, and its much larger incinerator planned near Pioneer Square. The lawyer’s threatening letter came only days after our F11 die-in at the market.

But this letter is a threat not only to our Environmental Justice campaign against the incinerator, IT ALSO THREATENS THE RIGHT OF OCCUPY SEATTLE TO PROTEST ANYWHERE. This letter tries to forbid us from calling an incinerator an incinerator!!

This an outrage, so… LET’S DIE IN AGAIN! APRIL 5, NOON.  Gather at 1st and Pike just outside Pike Place Market and march to market entrance for our die-in. Then we march to the lawyer’s offices at Pier 70 on Alaskan Way to die in there. Our Die Ins are working! Let’s show this legal Hit Man that Occupy Seattle has changed the rules. Let’s show Seattle Steam that its killer incinerator will no longer be allowed to threaten the lives and health of the people of Seattle.

Overwhelming medical evidence caused the American Lung Association to state in its 2008 State of the Air Report (pg. 42/204) about particulate matter pollution like the Seattle Steam incinerator emits right now by Pike Place Market: “First and foremost, short-term exposure to particle pollution can kill. Deaths can occur on the very day that particle levels are high.”

We also call on Occupy and all folks to file complaints against the Seattle Steam lawyer’s Washington State Bar license. Follow this link to file your complaint.

Here is sample language to use:

re: complaint against Edward W. Pettigrew, WSBA # 2272, Graham and Dunn, PC, Pier 70, 2810 Alaskan Way-Suite 300, Seattle, WA, 98121-1128, Tel: 206-340-9621.

I am filing this complaint against Edward Pettigrew for his February 15, 2012 letter sent to Duff Badgley of Occupy Seattle that contains knowingly false statements of facts, violates the constitutional rights of free speech of Mr. Badgley and Occupy Seattle, maliciously seeks to curb lawful protest by Mr. Badgley and Occupy Seattle, and constitutes harassment of both Mr. Badgley and Occupy Seattle. Mr. Pettigrew’s letter is flagrantly unprofessional and unbecoming of a member of the Washington State Bar Association. I ask the WSBA to investigate this matter at once to determine if stern sanctions against Mr. Pettigrew, including disbarment, are appropriate. Thank you. [signed]”

Also, here is the exhaustive list of medical and scientific citations Occupy Seattle Environmental Justice always includes in campaign literature to educate folks about the lethal threat of Seattle Steam’s incinerators:

  1. Pike Place Market incinerator (1319 Western Ave.): Burning wood emits more particulate matter (PM) than coal combustion, per unit of energy produced. Source: industry fillings and analyses accepted by EPA, per Dr. Wm. Sammons, MD, Cambridge, MA
  2.  Pioneer Square incinerator (633 Post Ave.): Would emit 166 tons per year of PM. Source: DOE EA, 6/10
  3.  Both incinerators: “Short term exposure to particle pollution can kill”. Source: American Lung Association
  4. Both incinerators: PM can kill on “the very day of exposure”, when PM levels are high. Source: ALA
  5. Both incinerators: PM is a health hazard with no safe level of exposure. Sources: American Heart Association & EPA
  6.  Both incinerators: Health effects of PM: premature death, heart attacks, cancer,strokes, lung function changes in children, heart arrhythmias, chronic lung disease,higher ER admissions. Source: EPA
  7. Both incinerators:The smallest PM, nano-PM, is the most dangerous PM.Source: AHA
  8. Both incinerators: No pollution control device can effectively reduce nano-PM.Sources: Dr. Wm. Sammons, MD, Cambridge, MA, and Air & Waste Management Association.
  9. Both incinerators: Nano-PM is completely unregulated. Source: Dr. Wm. Sammons, MD and WA air pollution agencies
  10. Both incinerators: Nano-PM is so small it enters our blood directly through our lungs—and attacks our bodies systemically. Source: American Lung Association State of the Air Report-2008
  11. Both incinerators: Nano-PM is now being associated with congenital conditions, lupus, Multiple Sclerosis, Parkinson’s, and Alzheimer’s. Sources: Dr. Wm. Sammons, MD, Cambridge, MA and Block & Calderon-Garciduenas, 2009
  12. Both incinerators: Nano-PM is not stopped by any human body barriers, including the blood-brain barrier and the placenta. Source: Dr. Wm. Sammons, MD, Cambridge, MA and Block & Calderon-Garciduenas, 2009
  13. Pike Place Market incinerator: Burning wood emits more CO2 than burning coal, per unit of energy produced. CO2 is the leading greenhouse gas causing climate change. Source: Manomet study, Boston, MA, 6/10.
  14. Pioneer Square incinerator: 207,000 tons per year of carbon dioxide would be emitted.Source: DOE EA.
  15. Both incinerators: No pollution control devices are available to reduce or eliminate CO2 emissions.
  16. Pike Place Market incinerator: Burning wood emits more nitrogen oxides (NOx) than burning coal, per unit of energy produced, according to industry filings and analyses accepted by the EPA.
  17.  Pioneer Square incinerator: Would emit 31 tons/yr. of NOx and Volatile Organic Compounds. DOE EA
  18.  Both incinerators: NOx and VOCs attack human respiratory systems and cause ground level ozone that causes asthma in children. Source: Dr. Wm. Sammons, MD, Cambridge, MA
  19. Pike Place Market incinerator: Wood construction debris (“urban wood”) can be contaminated with toxic substances including paint, asbestos, resins, and glues that defy industry attempts at removal.
  20. Pike Place Market incinerator: Wood combustion emits dioxin. Dioxin produces cancer at far lower concentrations than any of more than 600 chemicals studied by the EPA.Source: EPA
  21. Both incinerators: Seattle Steam has been awarded more than $55M in federal subsidiesto build and retrofit its two downtown incinerators. Press /web accounts
  22. Both incinerators: It is obscene to subsidize a highly polluting corporation in a time of budget free-fall—or ever.

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