control of water
SCOTUS: pipeline companies may take state property
The US Supreme Court ruled 5-4 on June 29 in PennEast Pipeline Co. v. New Jersey that the Natural Gas Act can grant private companies authority to take state-owned property to build a pipeline. Under the Natural Gas Act (NGA), a company seeking to build an interstate pipeline must obtain a certificate from the Federal Energy Regulatory Commission (FERC). This certificate authorizes the holder to exercise federal eminent domain in securing property for the pipeline.
Armenia-Azerbaijan border stand-off —over water
Armenia's Security Council held an emergency meeting May 12 in response to a reported border incursion by Azerbaijan. Local authorities in southern Syunik province issued urgent reports that Azerbaijan's forces had crossed the border and completely surrounded Lake Sev. The glacial lake, which provides water for irrigation in the area, is bisected by the frontier between the two countries, with its northern third lying within Azerbaijan. But the territory on the Azerbaijan side had been held by Armenia between the 1991-4 war and last November's ceasefire, under which it was ceded back. The two sides remain at odds on the precise demarcation of the line, which had not been formalized in Soviet times.
Kyrgyz-Tajik border clash over water
The armed forces of Kyrgyzstan and Tajikistan clashed at a disputed section of their border on April 29, leaving 30 dead and thousands displaced before a ceasefire was declared. The fighting broke out near the strategic Golovnoi (also rendered Golovnaya) water pumping facility, in the Tajik-controlled exclave of Vorukh. Kyrgyz protesters gathered on their side of the de facto border after Tajik authorities installed surveillance cameras at the facility. The two sides began hurling rocks at each oher across the line before military troops intervened, and the situation escalated. The Golovnoi facility pumps water from the Isfara River, a tributary of the Syr Darya, to irrigate agriculture in the area. It is in the Fergana Valley, a small fertile pocket in the arid Central Asia region. Soviet authorities drew the boundaries so that Kyrgyzstan, Tajikistan and Uzbekistan each got a portion of it. However, this meant intricate, twisting borders between these nations, and territorial disputes have arisen.
Biden admin defers to courts on Dakota Access
The Biden administration's Army Corps of Engineers on April 9 indicated at a federal court hearing that they would not stop the flow of oil through the Dakota Access Pipeline (DAPL) despite the threat it poses to the Standing Rock Sioux Tribe's water supply. The project is currently operating without a federal permit as the matter is contested in the courts.
Accused author of Berta Cáceres murder on trial
The trial of the alleged mastermind behind the March 2016 murder of environmentalist Berta Cáceres began in Honduras on April 6. Cáceres was slain when a squad of gunmen invaded her home at the village of La Esperanza, Intibucá department. A visiting Mexican friend, Gustavo Castro, was also shot but survived. Cáceres had been campaigning against the Agua Zarca hydroelectric dam project, then under construction by company Desarrollos Energéticos (DESA). Four of eight defendants were each sentenced in December 2019 to 34 years in prison for the murder of Cáceres, and 16 years for the attempted murder of Castro. Three others were sentenced to 30 years as co-conspirators in the crime. In the new trial that opened in a Tegucigalpa court, a former DESA president and military intelligence officer, Roberto David Castillo, is charged with being the "intellectual author" of the murder.
Strategic strait at issue in Turkish naval purge
Turkish prosecutors on April 5 issued arrest warrants for 10 retired senior navy officers a day after 104 officers released a letter defending the Montreux Doctrine. The Montreux Doctrine is an agreement made in 1936 concerning critical waterways that run through Turkey, most notably the straits of the Bosphorus (also known as Strait of Istanbul) and the Dardanelles. The terms of the international convention provide that Turkey may control the straits, but must permit civilian vessels to pass through the waterways in times of peace. In addition, the treaty regulates passage of warships and foreign cargo ships on the waters. The treaty was designed to "prevent the militarization of the Black Sea."
Mexico: court suspends new electricity law
A Mexican court issued a definitive suspension March 19 against the new Electricity Law that aims to strengthen the state-run company, Comisión Federal de Electricidad (CFE). The law is supported by President Andrés Manuel López Obrador, who wants to increase state control of the energy market. López Obrador claimed that under the previous administration, the electricity market was skewed in favor of private operators. Grupo Bimbo, Walmart Inc and two unnamed companies filed challenges against the law. The US Chamber of Commerce expressed concern that the new law violates the US-Mexico-Canada Agreement (USMCA) and may create a monopoly in the electricity sector.
Indigenous water protector slain in Honduras
On March 21—the eve of World Water Day—an indigenous activist who was leading the fight against construction of a hydroelectric dam was shot dead in front of his family in Honduras. Juan Carlos Cerros Escalante, a member of the Lenca indigenous people, was gunned down directly outside the church at the pueblo of Nueva Granada, in the Caribbean coast department of Cortés. He was on his way to visit his mother, and his children were beside him. Cerros Escalante led the local group Communities United, which is mobilizing residents along the Rio Ulúa to oppose El Tornillito hydro-dam. The pending project would displace 10 communities in the departments of Cortés and Santa Bárbara.
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