Direct Action Derails Wilderness Auction--What Lessons To Draw

by: Paul Rosenberg

Sun Dec 28, 2008 at 09:00


Monday, on Democracy Now!, Amy interviewed  Tim DeChristopher, the University of Utah student who "disrupted" a last-minute fire-sale auction of wilderness land held by Bureau of Land Management the previous Friday.  She also wrote her weekly column about DeChristopher and what he did.

The Salt Lake Tribune reported:

He didn't pour sugar into a bulldozer's gas tank. He didn't spike a tree or set a billboard on fire. But wielding only a bidder's paddle, a University of Utah student just as surely monkey-wrenched a federal oil- and gas-lease sale Friday, ensuring that thousands of acres near two southern Utah national parks won't be opened to drilling anytime soon.

Tim DeChristopher, 27, faces possible federal charges after winning bids totaling about $1.8 million on more than 10 lease parcels that he admits he has neither the intention nor the money to buy -- and he's not sorry.

"I decided I could be much more effective by an act of civil disobedience," he said during an impromptu streetside news conference during an afternoon blizzard. "There comes a time to take a stand."

The Sugar House resident -- questioned and released after disrupting a U.S. Bureau of Land Management lease auction of 149,000 acres of public land in scenic southern and eastern Utah -- said he came to the BLM's state office in Salt Lake City to join about 200 other activists in a peaceful protest outside the building Friday morning. But then he registered with the BLM as representing himself and went to the auction room.

All sorts of people and groups were up in arms over the sale, thrown together with customary Bush Administration disregard for, you know, rules, regulations, environmental laws and the like. But DeChristopher's action was the only thing that actually stopped any of the sales from going through.

Paul Rosenberg :: Direct Action Derails Wilderness Auction--What Lessons To Draw
It was paradigmatic, really.  Just as the Bush Administration came to power via a breath-taking act of law-breaking on a scale never imagined before, it is leaving with a flurry of actions from the questionable to the obviously illegal, clearly thumbing its nose at the very concept of the rule of law.  Laws are for little people.  Like Tim DeChristopher.  Or maybe not.  He seems to be causing a bit of consternation.  Which is all to the good.

It started with the auction itself, where he not only took 13 parcels off the market by "buying" them himself, but also drove up the price on others, as AP reported:

The process was thrown into chaos and the bidding halted for a time before the auction was closed, with 116 parcels totaling 148,598 acres having sold for $7.2 million plus fees.

"He's tainted the entire auction," said Kent Hoffman, deputy state director for the U.S. Bureau of Land Management in Utah.

Hoffman said buyers will have 10 days to reconsider and withdraw their bids if they think they paid too much.

Tim DeChristopher, a 27-year-old University of Utah economics student, said his plan was to disrupt the auction and he feels he accomplished his goal.

DeChristopher won the bidding on 13 parcels, auction records show, and drove up the price of several other pieces of land.

"I thought I could be effective by making bids, driving up prices for others and winning some bids myself," the Salt Lake City man said.

Some bidders said they were forced to bid thousands of dollars more for their parcels, while others fumed that they lost their bids.

"We were hosed," said Jason Blake of Park City, a consulting geologist who was outbid on a 320-acre parcel. "It's very frustrating. I hope the guy is prosecuted."

Ah yes!  The righteous rage of the insider hogs momentarily edged away from the public trough by a mere citizen!  How dare he interrupt the ritual raiding of the public lands?

dday commented on this yesterday:

Huh? Paid TOO MUCH? If a buyer is paying millions of dollars for oil-rich land, they obviously think it's worth it. What DeChristopher did was prove that the BLM was giving away federal land, basically owned by the taxpayers, to noncompetitive interests at obscenely low rates, and that the bidders would clearly pay more if forced. I thought these capitalists believed in the free market?

which, of course, is an excellent point.  Markets are always like this, they're "competetive" only within bounds that are socially determined in various ways, ways that economists like to pretend simply don't exist.

When the social determination takes the form of a gentlemen's agreement on the range of acceptable, absurdly low prices to pay for oil, gas, or mineral leasing rights, then no one says a word.

But if the social determination should take the form of a union trying to protect workers rights, or a government setting a mininum wage, so that people can actually live a decent life by the sweat of their brow?  Why, it's a threat to civilization as we know it!

This is one of the great games afoot in the not-to-be-mentioned clashing of ideologies:  exactly what types of social determinations should and/or shall have a role in determining the parameters of market competition.

DeChristopher himself had some thoughts on that, which he shared a few hints of in his Democracy Now! interview.  

First though, there's the delicious irony that it was the very helter-skelter lawlessness of the hurried lease sale that made the disruption possible:

TIM DeCHRISTOPHER: Well, basically, the Bush administration was trying to rush through this auction as quickly as possible to get it done before Obama took office, because they knew that it wouldn't be acceptable under any other administration other than Bush and Cheney. And so, they just circled vast swaths of southern Utah. Their initial announcement, they included pieces of property that had houses on them in Moab and included property that they didn't even have rights to drill in or they didn't have rights to sell off and included a lot of areas around national parks. And so, they rushed through the process and didn't have time to do adequate environmental impact statements, didn't have time to take an adequate amount of public comment or even input from other federal agencies. And there was a big battle with the National Park Service, because they were upset over a lot of areas that were included in there. But luckily, they also didn't have time to make sure that all the bidders were bonded, which is how I got in so easily.

Regarding the companies whose bids he drove up, he told Amy Goodman:

TIM DeCHRISTOPHER: My impression of that is that those oil companies can give that back if they feel like they purchased it in any kind of way that's not acceptable to them, because I happened to drive the cost of their oil up a little closer to what the actual cost of producing oil is and the actual external costs that all the rest of us are going to have to pay.

What's this about external[ized] costs?

TIM DeCHRISTOPHER: No, and, you know, I wouldn't expect them to come out and make any official statement. Some of my professors, a lot of students have contacted me and expressed their support. The professors, especially, have been really supportive and have joined my team so far. And, you know, they kind of did their job beforehand. They kind of did their job in getting me ready for this and committing me to hold true to my values and in teaching me what was going on. In fact, the final exam that I took on Friday morning, one of the questions was about this oil sale and about, if only the oil companies were bidding on this land, are they actually going to be paying the real price for the production of oil? And, of course, the answer that the professor was expecting is no, they're not, because there's a lot of external costs that all of us have to pay for the production of oil that aren't included in those. So they did their part ahead of time in putting me where I needed to be.

I've written before about externalized costs.  They are a big deal here in the LA/Long Beach harbor area.  The extreme low-ball estimate is that the two ports externalize at least $3.5 billion in costs annually, primarily in the form of premature deaths, and health care costs, with some blight, traffic congestion and other various unpleantries tossed in for good measure.  A more reasonable measure is probably two to three times that.  The total externalized costs of goods movement in California is around $30 billion per year, and the local ports, together with the goods movement corridors leading away from them, are far and away the largest single contributor to that total.  If the businesses involved were required to pay anything close to their true costs of doing business, they would all close overnight.

Sound familiar?  It should. Because our entire economy is like that: it's unsustainable.  Running on borrowed time. Because the true costs are not being paid.  They're being shifted into the lungs of infants, toddlers, and schoolkids that I see everywhere I go.  Or they're being left for future generations.  There are all sorts of ways, all sorts of places you can shift your costs to, if you've got the right connections.

There is a real moment of opportunity here, if we are big enough to sieze it--an opportunity to fundamentally change our economy from one that runs on whatever it can get its hands on to one that is indefinitely sustainable, one that can last for thousands and thousands of years.

It will be a painful transtion, to be sure.  But hey, we're already in pain right now.  And it will be even more painful when the whole shebang comes to an end.  The end of empires is always painful like that.  So it will actually be a whole lot less painful if take advantage of our current situation to rebuild in a way that can be sustainable forever.  We don't have to be incredibly wasteful, and we don't have to be an empire anymore.  We can be what America was always supposed to be: a republic.  One that each generation passes on to the next as a sacred, and secular trust.

But that can only happen if there are those, like Tim DeChristopher willing to take direct action in the face of direct evil.  


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Brava Amy Goodman! (0.00 / 0)
Rachel Maddow's treatment of this was odd at best, i.e. canceling an interview with Tim DeChristopher himself and instead interviewing Trip Nolen of the Sierra Club Legal Defense Club. Who predictably argued that a remedy ought to come from the courts. De Christopher's an out and out hero.

Yeah, The Courts, Right (0.00 / 0)
It's a great thing that we have environmental lawyers.  I talk to some of them so often, they feel more like friends than sources (which is supposed to be a no-no, but is really only natural).  And I'm very glad that they're there.

But they know as well as anyone that they are only part of the solution, and that their success depends absolutely on the larger evironmental movement, including those who are willing to push the envelope.  

This time, it was quite clear what the limits of the courts were.  While earlier actions had helped limit the damage, the sales were still going forward, and at that point De Christopher took the only action that was truly effective.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Right. My sister's an environmental lawyer, and she was quite excited. (0.00 / 0)
Rachel Maddow knows what a lawyer from the Sierra Club Legal Defense Fund is going to say, though. He HAS to advocate his own channels. It would be a lapse of his professional duties to do anything else.
       Cancelling on De Christopher is a way of cutting the story off at a halfway point and de-normalizing civil disobedience. And yet the introduction of the piece was quite celebratory in its tone. We're pro-environment here at oh-so-liberal MSNBC, but y'know, you yourself really should be sitting on your ass and watching TV and letting someone else handle it.  

[ Parent ]
Yeah, That's Not How We Do Things At Random Lengths, That's For Sure! (0.00 / 0)
We've got more of an "activists first" sort of orientation.

From our masthead:

"A newspaper is not just for reporting the news as it is, but to make people mad enough to do something about it."
    -Mark Twain

And, naturally, it doesn't hurt to report a few examples of how to go about doing that, as well.


"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
The Sierra Club Legal Defense Fund (0.00 / 0)
No longer exists. It changed it's name to "Earth Justice" years ago, to show that it is not related to the Sierra Club in any way.

[ Parent ]
Right. She referred to him by both names. n/t (4.00 / 1)


[ Parent ]
what a hero (4.00 / 1)
it brings to mind the distincction between protest as a disruption of the way things work vs. protest as performance.  It doesn't have to do with use of force or drama or any thing else - as you can see here.  I think it might inherently be unpredictable when someething you do might disrupt the way that things work, but you can never know unless you try :)

(recommend piven and cloward Poor People's Movements - they go into depth about the idea of protest as disruption)


That was great action. (4.00 / 2)
In 1978 or so, I did the same thing with a BLM coal-lease auction in a fruit-farming area of Colorado.  Then, the bids were submitted privately and in advance.  The lease parcel in question was right next door to an operating mine, the Orchard Valley Mine - no one else would have bid on it other than the current operator. So, I submitted a bid on behalf of the "Rotten Apple Coal Company."  Interestingly, the secret bids turned out to be not so secret.  BLM people told the coal company in advance that another bid had come in.  In response, the coal boys submitted a revised, higher bid to BLM.  They eventually got the lease, but after paying more for it to the US Treasury than they would have.  In those days before the internet, my little piece of performance art went unrecorded, but the BLM folks were freaked out by it.  After that, they instituted rules on minimum bidding qualifications and such, but Colorado Westmoreland still had paid more for the lease.

Decarbonize, Deglobalize, Demilitarize

Disrupting The Bidding By Participating In It! (0.00 / 0)
You scoundrel, you!

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
It was certainly fun. (0.00 / 0)
The bigger play came about a year later, though, when BLM tried to get a rule through to allow coal companies to trade federally-leased coal for other land based on the value of the coal, not what they had originally paid for lease.  This would have been a multi-million dollar transfer of public assets and money to the coal industry.  Fortunately, newspapers were into covering non-sexy items like that then, and the rule got scuttled.

Decarbonize, Deglobalize, Demilitarize

[ Parent ]
The deeper thought is the better one here (4.00 / 3)
Yes, Tim's a hero, if an accidental, spur-of-the-moment hero. He'd prepared himself for the moment, and when he recognized it, he seized it, and carried the day. It's the sort of thing, like the Republic Windows and Doors sit-in (or the storming of the Bastille) that we'd like to see more of. No doubt, as the misery spreads from our latest foray into piratical capitalism, we will see more of it. When we do, we should absolutely support it as and how we can, even if we can't be directly involved.

Paul asks what lessons are to be drawn from Tim's moment of inspiration. As he often does, he graciously provides an answer, if only a partial one, in his subsequent discussion of external costs. In my opinion, we need more systematic answers, and the answers need to be reconnected with the political process.

The problem, as I see it, is the atrophy of relevant criticism from the Left in the post-WWII period. Infantile socialism is long gone, and no one misses it, even me. Academic socialism is still a potent intellectual force if you go and look for it, and choose wisely when you find it, but it's cut off from political actors, who for the most part don't even know that it exists. When was the last time that the SEIU talked to Mike Davis, or Mike Davis to the SEIU?

As a consequence, we've been reduced to talking about issues in a vacuum, ignoring a very rich, and still valuable historical patrimony. Worse still, we've allowed important concepts to fall into disuse, or be replaced by caricatures drawn of them by our enemies.

This hurts us. Why is it that we can talk wistfully about the disappearing middle class, but we can't mention the history of the Klassenkampf? We can say democracy, or social safety net, but we can't say that all goods belong to those whose labor produces them, or that the land is held by all in common, and that land use policies are therefore not a question of ownership, but of politics?

These examples may not be the best, scented as they are by the brimstone of past political immolations, but they point in the right direction. If, in Paul's example, we want to know why the horrific social costs of the Port of Long Beach could have been so easily externalized, we certainly can't ask a container cargo association lobbyist, or, God forbid, Rahm Emanuel and Obama's circus of change. If we wan't to know why we aren't getting any bread with that circus, we're going to have to ask ourselves, and those long-dead allies whose efforts preceded ours.


Although (4.00 / 1)
we can get Barbara Boxer to make some encouraging noises.

When I asked her--as Chair of the Senate Transportation Committee--if she planned on analyzing externalized costs in developing transportation construction plans for the upcoming multi-year cycle, she responded that she didn't consider them external at all, she saw them as internal to the process, and that they needed to treated that way.  A most refreshing viewpoint, if it actually plays out that way.

This is still very far from what you're talking about, or where we need to be.  But it does indicate that there are openings at different levels in different places, and that skillful bridge-building may be able to produce unexpected advances, even if they're still limited in scope in the short run.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
I absolutely agree, (4.00 / 1)
and I fully expect that there will be an increasing number of such opportunities as the present disaster spreads. Still, we must be clear about what we want, and why. Context matters.

[ Parent ]
Out bid them (4.00 / 1)
Why don't environmental groups participate in these auctions all the time?  The dollar values given are very small; Obama's campaign could have bought the whole thing for a day of commercials.

Seems this aught to be standard practice.  Heck, as long as you eventually loose the bid, it doesn't even cost anything.  A relatively small sum of money could go a long way.

I hope some Hollywood types, or someone, is raising the $1.8 million.  What Tim did is not illegal (yet), he just needs to raise the funds.


First payment of $45,000 is due Dec. 29. (0.00 / 0)
Coming up pretty quick, but it's not so bad.

[ Parent ]
How Much Is A Lot? (0.00 / 0)
I hear what you're saying, but it always seems like those who should be able to easily spend some well-targeted dough just don't see it that way.  Sometimes it's obviously stupid.  Other times, maybe not so much.

In this case, I'm thinking that Obama gets into office, the charges should just go away. So why bother making it legal?  That's the more expensive way to go.

Obama is going to make the charges go away, right?

Right?

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Why not consider (0.00 / 0)
the possibility of raising this money on line and actually buying the leases.  This would more than likely throw the entire bizarro circus into litigation, delaying it indefinitely.  Could Act Blue set up a donation fund?  Doesn't $45,000 sound like a possible amount?  If you raise the first $10,000, I bet there are environmental organizations which would jump in.  Does anybody think this is a viable idea?  Matt?  Chris?  are you listening?

[ Parent ]
my favorite externalized cost example (4.00 / 2)
One big reason Europe has stronger environmental protection regulations is because they have nationalized health care.

The government is directly paying the cost of keeping citizens healthy, therefore it is in their economic interest to keep corporations from having a free ride in polluting the environment with unhealthy levels of toxins.

This is one more reason single payer is a rational economic solution to the market failure inherent in any situation like this with large negative externalties.

They call me Clem, Clem Guttata. Come visit wild, wonderful West Virginia Blue


Excellent Point! (4.00 / 2)
You deserve a week of 4s for that one!

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
You know its always struck me (0.00 / 0)
that if you come at them from the market (instead of always relying on a legislature or the courts) there's almost nothing they can do...the whole system (of lobbyists, lawyers, conservative judicial groups) is set up to nueter any "intrusion" by the government, and to keep citizens from thinking they have an opportunity to change anything (there's a lot of self-censorship in our media).

If you come at them from the market-which is essentially what this gentleman did-then 1)there is very little they can do about it, 2) completely turns their own philosophy of economic libertarianism against them, and 3) would probably scare the living fuck out of them.  


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