Dakota Access Pipeline resister stands with integrity in face of long prison sentence

Dakota Access Pipeline resister stands with integrity in face of long prison sentence

Sentenced to eight years in prison for acts of sabotage, water protector Jessica Reznicek reflects on her faith-driven resistance.

By Cristina Yurena Zerr

This article was first published in the German newspaper taz, and has been translated and edited for Waging Nonviolence.

On June 28, the federal court in Des Moines, Iowa was silent and filled to capacity. Fifty people were there to witness the sentencing of 40-year old Jessica Reznicek, charged with “conspiracy to damage an energy production facility” and “malicious use of fire.” The prosecution, asking for an extended sentence, argued that Reznicek’s acts could be classified as domestic terrorism.

This was not the first time Reznicek had been on trial, but this time she was facing a prison sentence of up to 20 years.

Sitting across from her was U.S. District Court Judge Rebecca Goodgame Ebinger, the prosecutor and an FBI agent. Numerous police officers in bulletproof vests stood around the courtroom. The defendant was called upon to give her closing speech.

In her loud, clear voice, Reznicek told them about her strong connection to the water. In her childhood she regularly went to the river to swim and play. But that’s no longer possible, she said, because the two rivers that run through Des Moines — Iowa’s capital — are now poisoned by agrobusiness pesticides and waste.

It was for these very personal reasons that she decided to fight the construction of the Dakota Access Pipeline, Reznicek told those in attendance. At least eight leaks, she explained, had already occurred in 2017, with 20,983 gallons of crude oil leeching into soils and the waterways. “I was acting out of desperation,” she said, describing her motivations for sabotage.

“Indigenous tradition teaches us that water is life. Scripture teaches that in the beginning, God created the waters and the earth and that it was good.” With these words, she ended her closing argument. The prison sentence followed shortly thereafter: eight years in federal prison, three years of probation, and a restitution of $3,198,512.70 to the corporation Energy Transfer.

The Des Moines River (Cristina Yurena Zerr)

On July 24, 2017 — two years before sentencing — Jessica Reznicek can be seen in a shaky video with her activist partner Ruby Montoya, a former elementary school teacher who was 27 at the time. They stand in front of a group of journalists next to a busy street. The speech they give would drastically change their lives.

After several months of secretly sabotaging one of the country’s most controversial construction projects, the two women, whose paths would later part, went public. “We acted for our children because the world they inherit does not meet their needs. There are over five major bodies of water here in Iowa, and none of them are clean. After having explored and exhausted all avenues of process, including attending public hearings, gathering signatures for valid requests for environmental impact statements, participating in civil disobedience, hunger strikes, marches and rallies, boycotts and encampments, we saw the clear refusal of our government to hear the people’s demands.”

That’s why Reznicek and Montoya burned five machines at a pipeline construction site in Iowa on election night in November 2016. They would later change their methods, using a welding torch to dismantle the pipeline’s surface-mounted steel valves, delaying construction by weeks. “After the success of this peaceful action, we began to use this tactic up and down the pipeline, throughout Iowa,” the two women say.

But no media reported on their activities; the corporation cited other — false — reasons for the delay. When the activists noticed during an action that oil was already flowing in the pipes, they decided to go public, as they had to admit a kind of defeat.

The two women appear clear and determined on this day in the summer of 2017 as they take turns reciting their pre-written text. “If there are any regrets, it is that we did not act enough.” They end their speeches and are led away in handcuffs by three police officers.

Using the slogan “Mni wiconi,” meaning “Water is Life,” in the Lakota (Sioux) language, a broad movement was organized in 2016 against the construction of the Dakota Access Pipeline. The protest of the Standing Rock Sioux tribe garnered national and international attention.

The tribe sees the construction of the pipeline as a threat to their water supply because the pipeline runs under Lake Oahe, which is near the reservation. Other bodies of water are also at risk because the pipeline crosses under rivers and lakes in many places, which could contaminate the drinking water of many people in the event of an accident. In addition, ancient burial sites and sacred places of great cultural value would be threatened by the construction. Opponents of the pipeline speak of ecological racism — not only because Indigenous rights to self-government would be curtailed, but also because the construction of so-called Man Camps (temporary container cities for construction workers who move from other states) would lead to prostitution and an increase in violence against Indigenous women.

Their government — the Sioux Tribe is a sovereign nation — issued a resolution back in 2015 saying the pipeline “poses a serious risk to the very survival of our tribe and […] would destroy valuable cultural resources.” Construction would also break the Fort Laramie Treaty, which guarantees them the “undisturbed use and occupation” of reservation land. But their arguments went unheard by both the company and the government.

The operating company said the pipeline would not harm the environment, would not affect Indigenous rights and would not pose a threat to drinking water supplies. But the protest, which stretches across several states along the pipeline, has developed into one of the largest environmental movements in the United States. Native Americans from different nations and reservations are joining, along with landowners, environmental organizations and left-wing autonomous movements.

Reznicek first heard about the pipeline when she was released from prison six years ago, after serving a two-month stint for her protest against a U.S. military weapons contractor in Omaha, Nebraska. An organizer from Standing Rock had come to Des Moines to mobilize people for the protest. “I decided that I wanted to learn more about Indigenous ceremony, understanding that I am a white person, I cannot just go in and express my demands. And I also wanted to focus on stopping the Dakota Access Pipeline Project. So I drove up to Standing Rock.”

Electric Vehicles: Back to the Future? [Part 1/2]

Electric Vehicles: Back to the Future? [Part 1/2]

By Frédéric Moreau

In memory of Stuart Scott

Each year while winter is coming, my compatriots, whom have already been told to turn off the tap when brushing their teeth, receive a letter from their electricity supplier urging them to turn down the heat and turn off unnecessary lights in case of a cold snap in order to prevent an overload of the grid and a possible blackout. At the same time the French government, appropriately taking on the role of advertiser for the national car manufacturers in which it holds shares¹, is promoting electric cars more and more actively. Even though electric vehicles (EV) have existed since the end of the 19th century (the very first EV prototype dates back to 1834).

They also plan to ban the sale of internal combustion engine cars as early as 2035, in accordance with European directives. Electric cars will, of course, have to be recharged, especially if you want to be able to turn on a very energy-consuming heater during cold spells.

The electric car, much-vaunted to be the solution to the limitation of CO2 emissions responsible for climate change, usually feeds debate and controversie focusing mainly on its autonomy. It depends on the on-board batteries and their recharging capacity, as well as the origin of the lithium in the batteries and the origin of their manufacture. But curiosity led me to be interested in all of the other aspects largely forgotten, very likely on purpose. Because the major problem, as we will see, is not so much the nature of the energy as it is the vehicle itself.

The technological changes that this change of energy implies are mainly motivated by a drop in conventional oil production which peaked in 2008 according to the IEA². Not by a recent awareness and sensitization to the protection of the environment that would suddenly make decision-makers righteous, altruistic and selfless. A drop that has so far been compensated for by oil from tar sands and hydraulic fracturing (shale oil). Indeed, the greenhouse effect has been known since 1820³, the role of CO2 in its amplification since 1856⁴ and the emission of this gas into the atmosphere by the combustion of petroleum-based fuels since the beginning of the automobile. As is the case with most of the pollutions of the environment, against which the populations have in fact never stopped fighting⁵, the public’s wishes are not often followed by the public authorities. The invention of the catalytic converter dates from 1898, but we had to wait for almost a century before seeing it adopted and generalized.

There are more than one billion private cars in the world (1.41 billion exactly when we include commercial vehicles and corporate SUV⁶), compared to 400 million in 1980. They are replaced after an average of 15 years. As far as electric cars are concerned, batteries still account for 30% of their cost. Battery lifespan, in terms of alteration of their charging capacity, which must not fall below a certain threshold, is on average 10 years⁷. However, this longevity can be severely compromised by intermittent use of the vehicle, systematic use of fast charging, heating, air conditioning and the driving style of the driver. It is therefore likely that at the end of this period owners might choose to replace the entire vehicle, which is at this stage highly depreciated, rather than just the batteries at the end of their life. This could cut the current replacement cycle by a third, much to the delight of manufacturers.

Of course, they are already promising much cheaper batteries with a life expectancy of 20 years or even more, fitted to vehicles designed to travel a million kilometers (actually just like some old models of thermal cars). In other words, the end of obsolescence, whether planned or not. But should we really take the word of these manufacturers, who are often the same ones who did not hesitate to falsify the real emissions of their vehicles as revealed by the dieselgate scandal⁸? One has the right to be seriously skeptical. In any case, the emergence of India and China (28 million new cars sold in 2016 in the Middle Kingdom) is contributing to a steady increase in the number of cars on the road. In Beijing alone, there were 1,500 new registrations per day in 2009. And now with the introduction of quotas the wait for a car registration can be up to eight years.

For the moment, while billions of potential drivers are still waiting impatiently, it is a question of building more than one billion private cars every fifteen years, each weighing between 800 kilos and 2.5 tons. The European average being around 1.4 tons or 2 tons in the United States. This means that at the beginning of the supply chain, about 15 tons of raw materials are needed for each car⁹. Though it is certainly much more if we include the ores needed to extract rare earths. In 2050, at the current rate of increase, we should see more than twice as many cars. These would then be replaced perhaps every ten years, compared with fifteen today. The raw materials must first be extracted before being transformed. Excavators, dumpers (mining trucks weighing more than 600 tons when loaded for the CAT 797F) and other construction equipment, which also had to be built first, run on diesel or even heavy oil (bunker) fuel. Then the ores have to be crushed and purified, using at least 200 m³ of water per ton in the case of rare earths¹⁰.  An electric car contains between 9 and 11 kilos of rare earths, depending on the metal and its processing. Between 8 and 1,200 tons of raw ore must be extracted and refined to finally obtain a single kilo¹¹. The various ores, spread around the world by the vagaries of geology, must also be transported to other processing sites. First by trucks running on diesel, then by bulk carriers (cargo ships) running on bunker fuel, step up from coal, which 100% of commercial maritime transport uses, then also include heavy port infrastructures.

A car is an assembly of tens of thousands of parts, including a body and many other metal parts. It is therefore not possible, after the necessary mining, to bypass the steel industry. Steel production requires twice as much coal because part of it is first transformed into coke in furnaces heated from 1,000°C to 1,250°C for 12 to 36 hours, for the ton of iron ore required. The coke is then mixed with a flux (chalk) in blast furnaces heated from 1800 to 2000°C¹². Since car makers use sophisticated alloys it is often not possible to recover the initial qualities and properties after remelting. Nor to separate the constituent elements, except sometimes at the cost of an energy expenditure so prohibitive as to make the operation totally unjustified. For this reason the alloyed steels (a good dozen different alloys) that make up a car are most often recycled into concrete reinforcing bars¹³,  rather than into new bodies as we would like to believe, in a virtuous recycling, that would also be energy expenditure free.

To use an analogy, it is not possible to “de-cook” a cake to recover the ingredients (eggs, flour, sugar, butter, milk, etc.) in their original state. Around 1950, “the energy consumption of motorized mobility consumed […] more than half of the world’s oil production and a quarter of that of coal¹⁴”. As for aluminum, if it is much more expensive than steel, it is mainly because it is also much more energy-intensive. The manufacturing process from bauxite, in addition to being infinitely more polluting, requires three times more energy than steel¹⁵. It is therefore a major emitter of CO2. Glass is also energy-intensive, melting at between 1,400°C and 1,600°C and a car contains about 40 kg of it¹⁶.

Top: Coal mine children workers, Pennsylvania, USA, 1911. Photo: Lewis WICKES HINE, CORBIS
Middle left to right: Datong coal mine, China, 2015. Photo: Greg BAKER, AFP. Graphite miner, China.
Bottom: Benxi steelmaking factory, China.

A car also uses metals for paints (pigments) and varnishes. Which again means mining upstream and chemical industry downstream. Plastics and composites, for which 375 liters of oil are required to manufacture the 250kg incorporated on average in each car, are difficult if not impossible to recycle. Just like wind turbine blades, another production of petrochemicals, which are sometimes simply buried in some countries when they are dismantled¹⁷. Some plastics can only be recycled once, such as PET bottles turned into lawn chairs or sweaters, which are then turned into… nothing¹⁸. Oil is also used for tires. Each of which, including the spare, requires 27 liters for a typical city car, over 100 liters for a truck tire.

Copper is needed for wiring and windings, as an electric car consumes four times as much copper as a combustion engine car. Copper extraction is not only polluting, especially since it is often combined with other toxic metals such as cadmium, lead, arsenic and so on, it is also particularly destructive. It is in terms of mountain top removal mining, for instance, as well as being extremely demanding in terms of water. Chile’s Chuquicamata open-pit mine provided 27.5% of the world’s copper production and consumed 516 million m³ of water for this purpose in 2018¹⁹. Water that had to be pumped, and above all transported, in situ in an incessant traffic of tanker trucks, while the aquifer beneath the Atacama desert is being depleted. The local populations are often deprived of water, which is monopolized by the mining industry (or, in some places, by Coca-Cola). They discharge it, contaminated by the chemicals used during refining operations, to poisoned tailings or to evaporate in settling ponds²⁰. The inhumane conditions of extraction and refining, as in the case of graphite in China²¹, where depletion now causes it to be imported from Mozambique, or of cobalt and coltan in Congo, have been regularly denounced by organizations such as UNICEF and Amnesty International²².

Dumper and Chuquicamata open-pit copper mine, Chile – Photo: Cristóbal Olivares/Bloomberg

And, of course, lithium is used for the batteries of electric cars, up to 70% of which is concentrated in the Andean highlands (Bolivia, Chile and Argentina), and in Australia and China. The latter produces 90% of the rare earths, thus causing a strategic dependence which limits the possibility of claims concerning human rights. China is now eyeing up the rare earths in Afghanistan, a country not particularly renowned for its rainfall, which favors refining them without impacting the population. China probably doesn’t mind negotiating with the Taliban, who are taking over after the departure of American troops. The issue of battery recycling has already been addressed many times. Not only is it still much cheaper to manufacture new ones, with the price of lithium currently representing less than 1% of the final price of the battery²³, but recycling them can be a new source of pollution, as well as being a major energy consumer²⁴.

This is a broad outline of what is behind the construction of cars. Each of which generates 12-20 tons of CO2 according to various studies, regardless of the energy — oil, electricity, cow dung or even plain water — with which they are supposed to be built. They are dependent on huge mining and oil extraction industries, including oil sands and fracking as well as the steel and chemical industries, countless related secondary industries (i.e. equipment manufacturers) and many unlisted externalities (insurers, bankers, etc.). This requires a continuous international flow of materials via land and sea transport, even air freight for certain semi-finished products, plus all the infrastructures and equipment that this implies and their production. All this is closely interwoven and interdependent, so that they finally take the final form that we know in the factories of car manufacturers, some of whom do not hesitate to relocate this final phase in order to increase their profit margin. It should be remembered here that all these industries are above all “profit-making companies”. We can see this legal and administrative defining of their raison d’être and their motivation. We too often forget that even if they sometimes express ideas that seem to meet the environmental concerns of a part of the general public, the environment is a “promising niche”, into which many startups are also rushing. They only do so if they are in one way or another furthering their economic interests.

Once they leave the factories all these cars, which are supposed to be “clean” electric models, must have roads to drive on. There is no shortage of them in France, a country with one of the densest road networks in the world, with more than one million kilometers of roads covering 1.2% of the country²⁵. This makes it possible to understand why this fragmentation of the territory, a natural habitat for animal species other than our own, is a major contributor to the dramatic drop in biodiversity, which is so much to be deplored.

Top: Construction of a several lanes highway bridge.
Bottom left: Los Angeles, USA. Bottom right: Huangjuewan interchange, China.

At the global level, there are 36 million kilometers of roads and nearly 700,000 additional kilometers built every year ²⁶. Roads on which 100 million tons of bitumen (a petroleum product) are spread²⁷, as well as part of the 4.1 billion tons of cement produced annually²⁸. This contributes up to 8% of the carbon dioxide emitted, at a rate of one ton of this gas per ton of cement produced in the world on average²⁹, even if some people in France pride themselves on making “clean” cement³⁰, which is mixed with sand in order to make concrete. Michèle Constantini, from the magazine Le Point, reminds us in an article dated September 16, 2019, that 40-50 billion tons of marine and river sand (i.e. a cube of about 3 km on a side for an average density of 1.6 tons/m3) are extracted each year³¹.

This material is becoming increasingly scarce, as land-based sand eroded by winds is unsuitable for this purpose. A far from negligible part of these billions of tons of concrete, a destructive material if ever there was one³², is used not only for the construction of roads and freeways, but also for all other related infrastructures: bridges, tunnels, interchanges, freeway service areas, parking lots, garages, technical control centers, service stations and car washes, and all those more or less directly linked to motorized mobility. In France, this means that the surface area covered by the road network as a whole soars to 3%, or 16,500 km². The current pace of development, all uses combined, is equivalent to the surface area of one and a half departments per decade. While metropolitan France is already artificialized at between 5.6% and 9.3% depending on the methodologies used (the European CORINE Land Cover (CLC), or the French Teruti-Lucas 2014)³³, i.e. between 30,800 km² and 51,150 km², respectively, the latter figure which can be represented on this map of France by a square with a side of 226 km. Producing a sterilized soil surface making it very difficult to return it later to other uses. Land from which the wild fauna is of course irremediably driven out and the flora destroyed.

 

In terms of micro-particle pollution, the electric car also does much less well than the internal combustion engine car because, as we have seen, it is much heavier. This puts even more strain on the brake pads and increases tire wear. Here again, the supporters of the electric car will invoke the undeniable efficiency of its engine brake. Whereas city driving, the preferred domain of the electric car in view of its limited autonomy which makes it shun the main roads for long distances, hardly favors the necessary anticipation of its use. An engine brake could be widely used for thermal vehicles, especially diesel, but this is obviously not the case except for some rare drivers.

A recent study published in March 2020 by Emissions Analytics³⁴ shows that micro-particle pollution is up to a thousand times worse than the one caused by exhaust gases, which is now much better controlled. This wear and tear, combined with the wear and tear of the road surface itself, generates 850,000 tons of micro-particles, many of which end up in the oceans³⁵. This quantity will rise to 1.3 million tons by 2030 if traffic continues to increase³⁶. The false good idea of the hybrid car, which is supposed to ensure the transition from thermal to electric power by combining the two engines, is making vehicles even heavier. A weight reaching two tons or more in Europe, and the craze for SUVs will further aggravate the problem.

When we talk about motorized mobility, we need to talk about the energy that makes it possible, on which everyone focuses almost exclusively. A comparison between the two sources of energy, fossil fuels and electricity, is necessary. French electricity production was 537 TWh in 2018³⁷. And it can be compared to the amount that would be needed to run all the vehicles on the road in 2050. By then, the last combustion engine car sold at the end of 2034 will have exhaled its last CO2-laden breath. Once we convert the amount of road fuels consumed annually, a little over 50 billion liters in 2018, into their electrical energy equivalent (each liter of fuel is able to produce 10 kWh), we realize that road fuels have about the same energy potential as that provided by our current electrical production. It is higher than national consumption, with the 12% surplus being exported to neighboring countries. This means a priori that it would be necessary to double this production (in reality to increase it “only” by 50%) to substitute electricity for oil in the entire road fleet… while claiming to reduce by 50% the electricity provided by nuclear power plants³⁸.

Obviously, proponents of the electric car, at this stage still supposed to be clean if they have not paid attention while reading the above, will be indignant by recalling, with good reason, that its theoretical efficiency, i.e. the part of consumed energy actually transformed into mechanical energy driving the wheels, is much higher than that of a car with a combustion engine: 70% (once we have subtracted, from the 90% generally claimed, the losses, far from negligible, caused by charging the batteries and upstream all along the network between the power station that produces the electricity and the recharging station) against 40%. But this is forgetting a little too quickly that the energy required that the mass of a car loaded with batteries, which weigh 300-800 kg depending on the model, is at equal performance and comfort, a good third higher than that of a thermal car.

Let’s go back to our calculator with the firm intention of not violating with impunity the laws of physics which state that the more massive an object is and the faster we want it to move, the more energy we will have to provide to reach this objective. Let’s apply the kinetic energy formula³⁹ to compare a 1200 kg vehicle with a combustion engine and a 1600 kg electric vehicle, both moving at 80km/h. Once the respective efficiencies of the two engines are applied to the results previously obtained by this formula, we see that the final gain in terms of initial energy would be only about 24%, since some of it is dissipated to move the extra weight. Since cars have become increasingly overweight over the decades⁴⁰ (+47% in 40 years for European cars), we can also apply this calculation by comparing the kinetic energy of a Citroën 2CV weighing 480 kg travelling at 80km/h with a Renault ZOE electric car weighing 1,500 kg travelling on the freeway at 130km/h.

The judgment is without appeal since in terms of raw energy, and before any other consideration (such as the respective efficiency of the two engines, inertia, aerodynamics, friction reduction, etc.) and polemics that would aim at drowning the fish to cling to one’s conviction even if it violates the physical laws (in other words, a cognitive dissonance), the kinetic energy of the ZOE is eight times higher than the 2CV! This tends first of all to confirm that the Deuche (nickname for 2CV standing for deux-chevaux, two fiscal horse-power), as much for its construction, its maintenance, its longevity as for its consumption, was probably, as some people claim, the most “ecological” car in history⁴¹.

But above all more ecological as far as energy saving is concerned, all the while failing to promote walking, cycling, public transport, and above all, sobriety in one’s travels. And losing this deplorable habit of sometimes driving up to several hundred kilometers just to go for a stroll or to kill time, therefore promoting antigrowth (an abominable obscenity for our politicians, and most of the classical economists they listen to so religiously). So it would be necessary to go back to making the lightest possible models and to limit their maximum speed. Because even if the formula for calculating kinetic energy is a crude physical constant, that obviously cannot be used as it is to calculate the real consumption of a vehicle. For the initial energy needed to reach the desired velocity, it nevertheless serves as a reliable marker to establish a comparison. To confirm to those for whom it did not seem so obvious until now that the heavier you are, the faster you go the more energy you consume, whatever the nature of that energy is. The pilots of the Rafale, the French fighter aircraft which consumes up to 8,000 liters of kerosene per hour at full power, know this very well.

Having made this brief comparison, we must now look a little more closely at the source of the electricity, because it is an energy perceived as clean. Almost dematerialized, because it simply comes out of the wall (the initial magic of “the electric fairy” has been somewhat eroded over time). Its generation is not necessarily so clean, far from it. In my country, which can thus boast of limiting its carbon footprint, 71% of electricity is generated by nuclear power plants. When it comes to the worldwide average, 64-70% of electricity is generated by fossil fuels – 38 -42%  by coal-fired power plants⁴² (nearly half of which are in China that turns a new one on each week). Apart from Donald Trump, few people would dare to assert, with the aplomb that he is known for, that coal is clean. 22-25% is generated by gas-fired power plants and 3-5% by oil-fired plants. Moreover, electricity generation is responsible for 41% (14.94 GT) of CO2 emissions⁴³ from fossil fuel burning, ahead of transport. And our leaders are often inclined to forget that when it comes to air pollution and greenhouse gases, what goes out the door, or the curtain of the voting booth, has the unfortunate tendency to systematically come back in through the window. We can therefore conclude that the French who drive electric cars are in fact driving a “nuke car” for two-thirds of their consumption. And across the world, drivers of electric cars are actually driving two-thirds of their cars on fossil fuels, while often unaware of this.

[Part II will be published tomorrow]

1 The French Government is the primary shareholder for Renault, with 15%, and a major one for PSA (Citroën and other car makers), with 6.2%.

2 https://en.wikipedia.org/wiki/Peak_oil

3 First described by the French physicist Joseph Fourier.

4 https://www.climate.gov/news-features/features/happy-200th-birthday-eunice-foote-hidden-climate-science-pioneer

5 Jean-Baptiste Fressoz, L’Apocalypse joyeuse. Une histoire du risque technologique, Seuil, 2012 & François Jarrige et Thomas Le Roux, La contamination du monde Seuil, 2017 (The Contamination of the Earth: A History of Pollutions in the Industrial Age, The MIT Press).

6 https://hedgescompany.com/blog/2021/06/how-many-cars-are-there-in-the-world/

7 https://www.transportenvironment.org/sites/te/files/publications/2021_05_05_Electric_vehicle_price_parity_and_adoption_in_Europe_Final.pdf

8 https://corporateeurope.org/en/dieselgate-its-tremors-and-role-car-industry-lobbying

9 https://notre-environnement.gouv.fr/IMG/pdf/focus_ressources_naturelles_version_complete.pdf (page 167)

10 Guillaume Pitron, La guerre des métaux rares. La face cachée de la transition énergétique et numérique, Les liens qui libèrent, 2018, p. 44.

11 Ibid.

12 Laurent Castaignède, Airvore ou la face obscure des transports, Écosociétés, 2018, p. 39.

13 Philippe Bihouix et Benoît de Guillebon, Quel futur pour les métaux ? Raréfaction des métaux : un nouveau défi pour la société, EDP Sciences, 2010, p. 47.

14 Laurent Castaignède, op. cit., p. 75.

15 Ibid., p. 194.

16 https://www.statista.com/statistics/882616/us-canadian-built-light-vehicles-average-glass-weight/

17 https://www.latimes.com/business/story/2020-02-06/wind-turbine-blades

18 But here we have to salute as it deserves the courageous political decision to have banned cotton buds and stirring sticks.

19 https://www.fineprint.global/wp-content/uploads/2020/01/fineprint_brief_no_9.pdf & https://www.equaltimes.org/the-pressure-on-water-an?lang=fr#.YPzxq_k6_IU

20 https://chinawaterrisk.org/wp-content/uploads/2016/08/China-Water-Risk-Report-Rare-Earths-Shades-Of-Grey-2016-Eng.pdf

21 https://www.washingtonpost.com/graphics/business/batteries/graphite-mining-pollution-in-china/

22 https://www.amnesty.org/en/documents/afr62/3183/2016/en/

23 https://web.archive.org/web/20211221082924/https://www.ademe.fr/sites/default/files/assets/documents/90511_acv-comparative-ve-vt-rapport.pdf (page 238)

24 https://www.nature.com/articles/s41586-019-1682-5 & https://www.sciencedirect.com/science/article/abs/pii/S0304389420303605

25 https://www.statistiques.developpement-durable.gouv.fr/sites/default/files/2018-10/de114.pdf

26 www.planetoscope.com-mobilité-1838-construction-de-routes-dans-le-monde.html

27 En 2013. https://web.archive.org/web/20230120162448/https://www.routesdefrance.com/wp-content/uploads/USIRF_BITUME_Sept2013.pdf

28 https://www.iea.org/reports/cement

29 https://psci.princeton.edu/tips/2020/11/3/cement-and-concrete-the-environmental-impact

30 https://www.lemoniteur.fr/article/quelle-realite-se-cache-derriere-les-betons-dits-bas-carbone.2123604 & https://elioth.com/le-vrai-du-faux-beton-bas-carbone/

31 https://www.seetao.com/details/70499.html

32 https://www.theguardian.com/cities/2019/feb/25/concrete-the-most-destructive-material-on-earth

33 Summary of the joined scientific assessment, INRA – IFFSTAR, December 2017.

34 https://www.emissionsanalytics.com

35 https://www.nature.com/articles/s41467-020-17201-9

36 http://www.oecd.org/newsroom/measures-needed-to-curb-particulate-matter-emitted-by-wear-of-car-parts-and-road-surfaces.htm

37 https://www.rte-france.com/actualites/bilan-electrique-francais-2019-une-consommation-en-baisse-depuis-10-ans-une-production

38 The Energy Transition Law, voted in 2015, has programmed this reduction by 2035.

39 Ek = ½.m.v², Ek is the energy in joules (1 watt = 3600 joules), m the mass in pounds, and v the velocity in feet per second.

40 https://thecorrespondent.com/310/your-car-has-a-weight-problem-and-we-need-to-regulate-it/41009665950-d1c675d3 & https://www.transportenvironment.org/sites/te/files/publications/2018_04_CO2_emissions_cars_The_facts_report_final_0_0.pdf (page 32)

41 https://car-use.org/la-2cv-citroen-de-loutil-utile-au-loisir-ecologique/

 

The Problem

The Problem

This is an excerpt from the book Bright Green Lies, P. 1-7

By LIERRE KEITH

“Once our authoritarian technics consolidates its powers, with the aid of its new forms of mass control, its panoply of tranquilizers and sedatives and aphrodisiacs, could democracy in any form survive? That question is absurd: Life itself will not survive, except what is funneled through the mechanical collective.”1
LEWIS MUMFORD

There is so little time and even less hope here, in the midst of ruin, at the end of the world. Every biome is in shreds. The green flesh of forests has been stripped to grim sand. The word water has been drained of meaning; the Athabascan River is essentially a planned toxic spill now, oozing from the open wound of the Alberta tar sands. When birds fly over it, they drop dead from the poison. No one believes us when we say that, but it’s true. The Appalachian Mountains are being blown to bits, their dense life of deciduous forests, including their human communities, reduced to a disposal problem called “overburden,” a word that should be considered hate speech: Living creatures—mountain laurels, wood thrush fledglings, somebody’s grandchildren—are not objects to be tossed into gullies. If there is no poetry after Auschwitz, there is no grammar after mountaintop removal. As above, so below. Coral reefs are crumbling under the acid assault of carbon. And the world’s grasslands have been sliced to ribbons, literally, with steel blades fed by fossil fuel. The hunger of those blades would be endless but for the fact that the planet is a bounded sphere: There are no continents left to eat. Every year the average American farm uses the energy equivalent of three to four tons of TNT per acre. And oil burns so easily, once every possibility for self-sustaining cultures has been destroyed. Even the memory of nature is gone, metaphrastic now, something between prehistory and a fairy tale. All that’s left is carbon, accruing into a nightmare from which dawn will not save us. Climate change slipped into climate chaos, which has become a whispered climate holocaust. At least the humans whisper. And the animals? During the 2011 Texas drought, deer abandoned their fawns for lack of milk. That is not a grief that whispers. For living beings like Labrador ducks, Javan rhinos, and Xerces blue butterflies, there is the long silence of extinction.

We have a lot of numbers. They keep us sane, providing a kind of gallows’ comfort against the intransigent sadism of power: We know the world is being murdered, despite the mass denial. The numbers are real. The numbers don’t lie. The species shrink, their extinctions swell, and all their names are other words for kin: bison, wolves, black-footed ferrets. Before me (Lierre) is the text of a talk I’ve given. The original version contains this sentence: “Another 120 species went extinct today.” The 120 is crossed clean through, with 150 written above it. But the 150 is also struck out, with 180 written above. The 180 in its turn has given way to 200. I stare at this progression with a sick sort of awe. How does my small, neat handwriting hold this horror? The numbers keep stacking up, I’m out of space in the margin, and life is running out of time.

Twelve thousand years ago, the war against the earth began. In nine places,2 people started to destroy the world by taking up agriculture. Understand what agriculture is: In blunt terms, you take a piece of land, clear every living thing off it—ultimately, down to the bacteria—and then plant it for human use. Make no mistake: Agriculture is biotic cleansing. That’s not agriculture on a bad day, or agriculture done poorly. That’s what agriculture actually is: the extirpation of living communities for a monocrop for and of humans. There were perhaps five million humans living on earth on the day this started—from this day to the ending of the world, indeed—and there are now well over seven billion. The end is written into the beginning. As earth and space sciences scholar David R. Montgomery points out, agricultural societies “last 800 to 2,000 years … until the soil gives out.”3 Fossil fuel has been a vast accelerant to both the extirpation and the monocrop—the human population has quadrupled under the swell of surplus created by the Green Revolution—but it can only be temporary. Finite quantities have a nasty habit of running out. The name for this diminishment is drawdown, and agriculture is in essence a slow bleed-out of soil, species, biomes, and ultimately the process of life itself. Vertebrate evolution has come to a halt for lack of habitat, with habitat taken by force and kept by force: Iowa alone uses the energy equivalent of 4,000 Nagasaki bombs every year. Agriculture is the original scorched-earth policy, which is why both author and permaculturist Toby Hemenway and environmental writer Richard Manning have written the same sentence: “Sustainable agriculture is an oxymoron.” To quote Manning at length: “No biologist, or anyone else for that matter, could design a system of regulations that would make agriculture sustainable. Sustainable agriculture is an oxymoron. It mostly relies on an unnatural system of annual grasses grown in a mono- culture, a system that nature does not sustain or even recognize as a natural system. We sustain it with plows, petrochemicals, fences, and subsidies, because there is no other way to sustain it.”4

Agriculture is what creates the human pattern called civilization. Civilization is not the same as culture—all humans create culture, which can be defined as the customs, beliefs, arts, cuisine, social organization, and ways of knowing and relating to each other, the land, and the divine within a specific group of people. Civilization is a specific way of life: people living in cities, with cities defined as people living in numbers large enough to require the importation of resources. What that means is that they need more than the land can give. Food, water, and energy have to come from somewhere else. From that point forward, it doesn’t matter what lovely, peaceful values people hold in their hearts. The society is dependent on imperialism and genocide because no one willingly gives up their land, their water, their trees. But since the city has used up its own, it has to go out and get those from somewhere else. That’s the last 10,000 years in a few sentences. Over and over and over, the pattern is the same. There’s a bloated power center surrounded by conquered colonies, from which the center extracts what it wants, until eventually it collapses. The conjoined horrors of militarism and slavery begin with agriculture.

Agricultural societies end up militarized—and they always do—for three reasons. First, agriculture creates a surplus, and if it can be stored, it can be stolen, so, the surplus needs to be protected. The people who do that are called soldiers. Second, the drawdown inherent in this activity means that agriculturalists will always need more land, more soil, and more resources. They need an entire class of people whose job is war, whose job is taking land and resources by force—agriculture makes that possible as well as inevitable. Third, agriculture is backbreaking labor. For anyone to have leisure, they need slaves. By the year 1800, when the fossil fuel age began, three-quarters of the people on this planet were living in conditions of slavery, indenture, or serfdom.5 Force is the only way to get and keep that many people enslaved. We’ve largely forgotten this is because we’ve been using machines—which in turn use fossil fuel—to do that work for us instead of slaves. The symbiosis of technology and culture is what historian, sociologist, and philosopher of technology Lewis Mumford (1895-1990) called a technic. A social milieu creates specific technologies which in turn shape the culture. Mumford writes, “[A] new configuration of technical invention, scientific observation, and centralized political control … gave rise to the peculiar mode of life we may now identify, without eulogy, as civilization… The new authoritarian technology was not limited by village custom or human sentiment: its herculean feats of mechanical organization rested on ruthless physical coercion, forced labor and slavery, which brought into existence machines that were capable of exerting thousands of horsepower centuries before horses were harnessed or wheels invented. This centralized technics … created complex human machines composed of specialized, standardized, replaceable, interdependent parts—the work army, the military army, the bureaucracy. These work armies and military armies raised the ceiling of human achievement: the first in mass construction, the second in mass destruction, both on a scale hitherto inconceivable.”6

Technology is anything but neutral or passive in its effects: Ploughshares require armies of slaves to operate them and soldiers to protect them. The technic that is civilization has required weapons of conquest from the beginning. “Farming spread by genocide,” Richard Manning writes.7 The destruction of Cro-Magnon Europe—the culture that bequeathed us Lascaux, a collection of cave paintings in southwestern France—took farmer-soldiers from the Near East perhaps 300 years to accomplish. The only thing exchanged between the two cultures was violence. “All these artifacts are weapons,” writes archaeologist T. Douglas Price, with his colleagues, “and there is no reason to believe that they were exchanged in a nonviolent manner.”8

Weapons are tools that civilizations will make because civilization itself is a war. Its most basic material activity is a war against the living world, and as life is destroyed, the war must spread. The spread is not just geographic, though that is both inevitable and catastrophic, turning biotic communities into gutted colonies and sovereign people into slaves. Civilization penetrates the culture as well, because the weapons are not just a technology: no tool ever is. Technologies contain the transmutational force of a technic, creating a seamless suite of social institutions and corresponding ideologies. Those ideologies will either be authoritarian or democratic, hierarchical or egalitarian. Technics are never neutral. Or, as ecopsychology pioneer Chellis Glendinning writes with spare eloquence, “All technologies are political.”9

Sources:

  1. Lewis Mumford, “Authoritarian and Democratic Technics,” Technology and Culture 5, no. 1 (Winter, 1964).
  2. There exists some debate as to how many places developed agriculture and civilizations. The best current guess seems to be nine: the Fertile Crescent; the Indian sub- continent; the Yangtze and Yellow River basins; the New Guinea Highlands; Central Mexico; Northern South America; sub-Saharan Africa; and eastern North America.
  3. David R. Montgomery, Dirt: The Erosion of Civilizations (Berkeley, CA: University of California Press, 2007), 236.
  4. Richard Manning, Rewilding the West: Restoration in a Prairie Landscape (Berkeley: University of California Press, 2009), 185.
  5. Adam Hochschild, Bury the Chains: Prophets and Rebels in the Fight to Free an Empire’s Slaves (Boston: Mariner Books, 2006), 2.
  6. Mumford op cit (Winter, 1964), 3.
  7. Richard Manning, Against the Grain: How Agriculture Has Hijacked Civilization (New York: North Point Press, 2004), 45.
  8. T. Douglas Price, Anne Birgitte Gebauer, and Lawrence H. Keeley, “The Spread of Farming into Europe North of the Alps,” in Douglas T. Price and Anne Brigitte Gebauer, Last Hunters, First Farmers (Santa Fe: School of American Research Press, 1995).
  9. Chellis Glendinning, “Notes toward a Neo-Luddite Manifesto,” Utne Reader, March- April 1990, 50.
“People vs. Fossil Fuels’’: Winona LaDuke & Mass Protests Call on Biden to Stop Line 3 Pipeline

“People vs. Fossil Fuels’’: Winona LaDuke & Mass Protests Call on Biden to Stop Line 3 Pipeline

This piece was first published at Democracy Now!

 

 

By AMY GOODMAN

In response to the completion of the contested Line 3 pipeline, which is now reportedly operational, thousands of Indigenous leaders and climate justice advocates are kicking off the “People vs. Fossil Fuels’’ mobilization, an Indigenous-led five-day action of civil disobedience at the White House to demand President Biden declare a climate emergency, divest from fossil fuels and launch a “just renewable energy revolution.” “This pipeline doesn’t respect treaty rights,” says Winona LaDuke, longtime Indigenous activist and founder of Honor the Earth, a platform to raise awareness of and money for Indigenous struggles for environmental justice. “They’re just trying to continue their egregious behavior. It’s so tragic that, on the one hand, the Biden administration is like, ’We’re going to have Indigenous Peoples’ Day, but we’re still going to smash you in northern Minnesota and smash the rest of the country.’” LaDuke faces criminal charges linked to her protest of pipelines in three different counties.

Transcript

This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: This is Democracy Now!, as we continue to talk about Indigenous action to save our Earth. This week, thousands of Indigenous leaders and climate justice advocates are expected to participate in a historic five-day massive action of civil disobedience at the White House to continue to pressure President Biden to declare a climate emergency, divest from fossil fuels and launch a, quote, “just renewable energy revolution.”

The “People vs. Fossil Fuels” mobilization, led by the Indigenous Environmental Network, 350.org, Sunrise Movement, the Center for Biological Diversity and others, comes as Canadian pipeline company Enbridge has completed the construction of its contested Line 3 crude oil pipeline in northern Minnesota. The pipeline is reportedly now operational, violating the treaty rights of local Indigenous communities. Line 3 is set to carry over half a million barrels of tar sands oil every day from Alberta, Canada, through Minnesota to the tip of Lake Superior in Wisconsin, threatening sacred wild rice watersheds in Minnesota, local waters and lands, and doubling Minnesota’s greenhouse gas emissions.

Indigenous leaders and land and water defenders, who have been resisting Line 3 for years, often putting their own bodies on the line, vowed to continue the fight against the pipeline. Last week, a small group of water protectors confronted Minnesota Senator Amy Klobuchar at a fundraising event, where advocates say plates cost $1,000 a person, demanding her to take action against Line 3.

WATER PROTECTOR: We’re asking you to call on President Biden to stop Line 3. It has a higher carbon footprint than the entire state of Minnesota. And this climate crisis — I mean, you saw Hurricane Ida. You saw how many people died. And we just really need you to call on him and ask him to stop it.

AIDE: Excuse us.

SEN. AMY KLOBUCHAR: Thank you. Yes, I know about the concern.

WATER PROTECTOR: Because you have so much power. You have so much power.

SEN. AMY KLOBUCHAR: I’ve brought those concerns to him. Thank you.

WATER PROTECTOR: And as a young person, the climate crisis is a thing that really concerns me, and stopping Line 3. We can’t have climate justice without you stopping Line 3 and asking President Biden.

SEN. AMY KLOBUCHAR: Thank you.

WATER PROTECTOR: I know that you don’t have a vote, and I know that you can’t vote in the Senate to stop Line 3. But President Biden has that power. And you have the power.

AMY GOODMAN: “You have the power.” More than 900 water protectors have been arrested over their resistance to Line 3, with some protesters facing felony charges as they were brutalized by police. Some water protectors also reported being denied medical care and being placed in solitary confinement after their arrests. Well, The Guardian newspaper revealed last week that Enbridge paid Minnesota police $2.4 million in reimbursements, all costs tied to the arrests and surveillance of hundreds of water protectors, including officer training, wages, overtime, meals, hotels and equipment for the local police, paid for by an international corporation.

For more, we’re joined in Ponsford, Minnesota, by Winona LaDuke, longtime Indigenous activist, who’s been organizing for years to block Enbridge Line 3. She lives and works on the White Earth Reservation in northern Minnesota, is executive director of Honor the Earth. Her piece for the Minneapolis Star Tribune is headlined “Line 3 opponents can savor this defeat.” Her latest book, To Be a Water Protector.

Winona, welcome back to Democracy Now! So, if you can talk about these latest revelations of this Canadian company paying the local police to arrest you all, and also what it means that Enbridge says Line 3 is operational?

WINONA LADUKE: [inaudible] Enbridge’s Line 3 is operational will say that they’ve been hurrying really fast because the federal court has yet to rule on whether Enbridge has any ability to move forward. There’s no federal environmental impact statement on this project, which is why we want Joe Biden to stop it. I mean, they stole 5 billion gallons of water, fracked 28 rivers out, and then they have this broken aquifer losing 100,000 gallons a day of water. They have no idea how to fix this stuff, since January. You know, it’s really horrible up here. So, you know, Enbridge has been trying to rush to get this online before the court will rule against them, because, generally, courts have not ruled in favor of pipelines. That’s the status that we have seen, you know, in the federal court ruling on the DAPL, where the federal court ordered them to close down. This is the same company. Enbridge was 28% of DAPL. And when the federal court ordered them to close down the pipe, they said no. When the state of Michigan ordered them to close down a pipe this last May, they said no. So they’re just trying to continue their egregious behavior.

It’s so tragic that, you know, on one hand, the Biden administration is like, “We are going to have Indigenous Peoples’ Day, but we’re still going to smash you in northern Minnesota and smash the rest of the country.” Same thing, you know, Klobuchar and Smith, the two Minnesota senators, shameful their lack of courage, not only for Indigenous people but for the planet, you know?

So Enbridge is trying to get that oil out. In the meantime, it’s a disaster up here. I’m still up here monitoring the line and monitoring what’s going on, because it’s crazy. And just to say, they don’t have Indigenous Peoples’ Day apparently in Becker County, because have a court date today. So, you know, no break for Indigenous people. You could still go to court. You know, it’s just insane up here.

AMY GOODMAN: So, how does your activism change now that it’s supposedly operational, the pipeline? And what exactly does it mean? For people who aren’t familiar with Line 3, talk about its course, from Canada through the United States, and why you’re so concerned about this particular pipeline.

WINONA LADUKE: OK. Well, first of all, the pipeline is 915,000 barrels a day of oil. That’s a lot of oil that’s going to move through it, if they get their way. And that oil, like, this is the last tar sands pipeline. Now, how we know this is the last tar sands pipeline is that our alma mater — remember, Amy, when we were at Harvard trying to get them to divest in South Africa? No, but they just are divesting in fossil fuels. Everybody is fleeing the tar sands. And it’s an industry that’s at its end. Like, Canada needs to quit trying to breathe life into the tar sands and breathe life into boarding schools and residential schools. They need to just stop being the criminals that they are.

You know, so, forcing them — they’re four years behind schedule, if they get to oil. And in that four years behind schedule, the industry is falling apart. There’s no new investment in tar sands infrastructure. And it’s the dirtiest oil in the world. Then add to that the fact that the company can’t even get insurance for its pipeline. Like, I’m just trying to understand what kind of fiscal responsibility exists in the state of Minnesota, that Enbridge divulged a couple of weeks ago that they can’t get insurance for their pipeline. And so, you have an accident, it’s going to be just like Bhopal and Union Carbide. These guys are going to pack up and go back to Canada. You know, I mean, it is a really horrific situation. And, you know, the impact of it is so wrong. You know, I mean, it’s not only the equivalent of 50 new coal-fired power plants, but right now our rivers are dry. They took 5 billion gallons of water from the north. Enbridge and the Walz administration are climate criminals.

And the Biden administration needs to stand up. You know, on one hand, I’m looking at Joe Biden, and I’m so grateful. Like, Bears Ears, that was the right thing to do, you know, to get back and to be the people that are supporting Indigenous people and Land Back. Let’s go, Joe. Let’s go. Let’s go, Joe. You know, 80 million acres of national parks stolen from Indian people, let’s start returning those, too, along with creating new national parks. We could just start returning land that was stolen. That would be a great step.

And then, actually, when you have Indigenous people in your administration, Joe, like Deb Haaland or maybe Jaime Pinkham at the Army Corps of Engineers, let them do their job, instead of having politics, oily politics, intervene. You know, I know that Deb Haaland does not support this pipeline. No sane person supports this pipeline. Only people who want to take oil money from Canadian multinationals support this pipeline. And I know that Jaime Pinkham, assistant in the Army Corps of Engineers, came up here, came up and visited, and saw what was going on and the disaster.

Our tribes have sued, you know, trying to stop this, sued in federal court. That federal court hearing is yet. And our tribes also have a tribal court hearing, where the federal courts have ordered Enbridge to come to our court, because we say that they’re climate criminals and they’re destroying the rights of wild rice. Actually, the state DNR has been ordered into tribal court.

You know, so, Joe, if you appoint Indian people, don’t just make them pretty Indian people that sit in your administration. Let them do their job. Indigenous thinking is what we need in the colonial administration. That’s when change happens.

AMY GOODMAN: As we wrap up, Winona, in August, you met with the U.N. special rapporteur on human rights defenders to share the police violence suffered by water protectors protesting the Line 3 construction site. And now we are learning just how much money the Canadian corporation gave to the local police to do the arrests, to do the training, etc. What happened with the U.N. rapporteur?

WINONA LADUKE: The U.N. rapporteur has asked the United States a bunch of questions and is expecting a response on what exactly the United States is planning to do to protect the human rights of Indigenous peoples, because this pipeline does not respect not only treaty rights, but, you know, when you get 900 people arrested and they’re brutalized with all kinds of — you know, I mean, it is torture. Some of what was done to these people is classified as it’s excessive force. So, the United Nations has called to task the United States on the Enbridge pipeline. And so, on Indigenous Peoples’ Day, that’s part of what we are saying, too, is it’s a time to account.

And I just want to say that this isn’t just like our problem, because the Enbridge model — like, first of all, Canadian multinationals kill people in Third World countries. That’s what they do. You know, that is known. Seventy-five percent of the world’s mining corporations are Canadian, and all through Latin America there’s human rights violations. This is no different. This is a Canadian multinational and Indigenous people. And two years ago, we told Attorney General from Minnesota Keith Ellison that this was going to be a problem. You know, we have had no action. And instead what we have is our rights continue to be violated. And, you know, I’ve got charges in three counties, more probably coming soon. I mean, this is like —

AMY GOODMAN: What do you face?

WINONA LADUKE: And this is a national problem, because the Minnesota model is being considered nationally, that corporations should finance your police. And that is — you know, in any way you look at it, that’s definitely a violation of the public trust, to have corporations financed by the police. And the Minnesota —

AMY GOODMAN: What charges do you face, Winona?

WINONA LADUKE: I’ve got trespassing, obstruction. I think I’ve got some public safety, you know, causing public safety problems because cops could have been doing something else instead of monitoring people on the pipeline. A lot of trespassing charges — Aitkin, Hubbard, Wadena County. I’ve got charges in three counties so far.

AMY GOODMAN: Well, best of luck to you today in court, Winona LaDuke, longtime indigenous activist, executive director of Honor the Earth, speaking to us from northern Minnesota.

When we come back, we look at the Russian journalist who was just awarded the Nobel Peace Prize on Friday. Stay with us.

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Settlers Have an Obligation to Defend Treaty Rights, Too

Settlers Have an Obligation to Defend Treaty Rights, Too

This article originally appeared in YES! Magazine.

BY ALEC CONNONERIKA LUNDAHL

Shanai Matteson, a 39-year-old White settler, sat in the stuffy overflow room watching the packed Public Utility Commission meeting, along with more than a hundred others, in St. Paul, Minnesota, in June 2018. Over several hours, she listened as dozens of people—Native elders, local landowners, and young people concerned about their futures—testified against the Line 3 tar sands pipeline, urging the commission to deny the project a key permit. She listened, too, as Enbridge workers, bused in by the company, voiced their support for the pipeline.

Matteson remembers the collective dismay and anger in the room as the five-person board approved Enbridge’s permit request. She also remembers what happened next: Tania Aubid, a member of the Mille Lacs Band of Ojibwe, stood up and told the commissioners that they had just declared war on the Ojibwe people.

Outside of the conference hall, organizers held a rally. Matteson listened as Winona LaDuke, a member of the White Earth Nation and executive director of the nonprofit Honor the Earth, spoke alongside several youth interveners—teenagers who were suing to stop the pipeline in court. Listening to their words, Matteson was moved by their unwavering dedication―to the land, water, and climate, but also to upholding the treaty agreements, which were being violated by this pipeline project.

After the news conference, Matteson packed her two young children into the car. They drove for nearly three hours before reaching a part of the land where the Mississippi starts to widen into one of the nation’s most storied rivers. It was a place she knew well. Matteson’s family had lived in the area for five generations, ever since her great-great-grandfather, Amasa, settled a homestead and opened a small sawmill on 1855 Treaty land. She’d grown up in the nearby town of Palisade, Minnesota, population 150.

Here was where Enbridge planned to drill the Line 3 pipeline under the Mississippi.

Standing on the riverbank that night, Matteson made a pledge to do everything she could to uphold the treaties and to stop Line 3. “I remember that day, saying to myself ‘I am making a commitment to this fight,’ ” Matteson recalls.

Defending Treaty Rights: From the Salish Sea to Line 3

On July 25, a Lummi Nation-carved totem pole will pass through the Mississippi Headwaters, under which Enbridge plans to drill the Line 3 pipeline. It’s part of a 1,500-mile journey from the Salish Sea in the Pacific Northwest through numerous Indigenous sacred sites, including Bears Ears in the Southwest and Standing Rock in the Midwest, en route to Washington, D.C. The totem pole is intended to invite Native and non-Native people to connect with the idea of broken treaties and the ongoing efforts to honor them, especially when treaty rights come into conflict with extractive capitalism.

Putting a hand on the totem pole, as people are invited to do at each sacred site event stop, one can’t help but feel a sense of awe for the many stories, hopes, and prayers it carries—and to offer their own. The 24-foot pole, hauled on a trailer behind a pickup, bears images that tell stories of the present-day struggles faced by Indigenous communities—including the epidemic of missing and murdered Indigenous women, the crisis of children held in cages at the U.S.-Mexico border, and the work of language revitalization. One carving is a grandmother with seven tears, using culture to teach her granddaughter how to turn trauma into wisdom. The totem pole aims to serve as “a reminder of the promises that were made to the first peoples of this land and waters,” Lummi master carver Jewell James told The Washington Post.

These promises were made in the form of nation-to-nation treaty agreements, recognized in the U.S. Constitution as “the supreme law of the land.” For non-Native individuals residing in the U.S., treaty rights are still the legal mechanism giving people the right to live on ceded tribal land. Put another way, if settlers (like the two of us writing this piece) are not actively holding up their end of the deal, then they forfeit the right to be here.

In exchange, the U.S. government promised tribes services, such as health care, education, and housing—and in many cases, treaties reserved the right for Native people to hunt and fish within their traditional territory. Instead, the reality has been a history of genocidal massacres, forced displacement, brutal residential schools, the outlawing of language, religion, and culture, and broken treaty obligations. Only by confronting the context of the U.S.’s settler-colonial history can settlers begin to reckon with their personal identity as treaty people.

“Part of what’s so wonderful about the pole is how it invites people to learn about the treaty, and to learn about the true history of this country,” says Lummi tribal fisher and treaty advocate Ellie Kinley, co-founder of Sacred Sea, a Indigenous-led nonprofit whose mission is to defend Lummi sovereignty and treaty rights and promote Indigenous stewardship of the Salish Sea.

“Once you know the true history, you can learn from it, and become wise from it.”

“We Are All Treaty People”

On June 7, 2021, about 2,000 people attended Treaty People Gathering, a mass Line 3 protest in rural northern Minnesota. At one of two actions that happened that day, more than 1,000 people marched to a part of the Mississippi where the pipeline is slated to be drilled; at the other action, hundreds risked arrest (and more than 200 were arrested) shutting down an Enbridge work station for the day.

“We Are All Treaty People” was one of the gathering’s main rallying cries. They are words that Matteson has thought seriously about since that night at the Commission hearing.

In 2020, after two decades living and working in Minneapolis, Matteson moved her family back to Palisade. She quickly got involved with the Welcome Water Protector Center, a cultural camp supporting people standing with the Ojibwe opposing Line 3. She is now close friends with Tania Aubid, the founder of the camp and the Ojibwe woman who informed the PUC commissioners that Line 3 was an act of war upon her people. The women’s friendship has given them both the strength to do more. In early 2021, they embarked on a hunger strike together. To bring attention to the fight to stop the pipeline, Matteson went 21 days without food; Aubid went 38.

When asked why she moved with her two young children to the Welcome Water Protector Center, Matteson is clear that protecting the water and the climate were reasons, but so too was ensuring that her government upholds its side of the treaties.

“I’ve been reminded by so many Indigenous people that the treaties are not just a concern for Indigenous people,” she says, golden light falling between the trees at camp. “They were entered into by the U.S. government, and as citizens, we have a responsibility to ensure our government honors that law.”

Over the course of the 19th century, the Red Lake Nation, the White Earth Nation, and the Mille Lacs Band of Ojibwe signed treaties with the U.S. government—treaties that granted rights to U.S. citizens and reserved rights for tribal members. In recent years, tribal attorneys have argued that Line 3 would infringe upon those treaty-protected rights, including the right to cultivate and harvest wild rice―manoomin in the Ojibwe language―which is regarded as a sacred species and is a vital source of sustenance for local tribal members. “It’s a perpetuation of cultural genocide,” founder of Line 3 resistance group, Giniw Collective, Tara Houska told The Guardian, describing the impact Line 3 would have on manoomin.

It has been a long road for the tribal attorneys, a road made more complicated by the fact that some Native-owned construction companies and two other Ojibwe nations support the pipeline. Most recently, on June 14, the Minnesota Court of Appeals ruled against the tribes, finding that Enbridge had appropriately demonstrated that there was a need for the pipeline. There are, however, reasons to believe the Tribes’ case will fare better in a case at federal court, where it is to be heard in the coming months. In 2019, the U.S. Supreme Court ruled in the favor of treaty rights in two high-profile cases.

But as the case makes its way slowly through the federal court system, the fight for treaty rights is playing out on its own timeline in the woods of rural Minnesota.

Before Line 3 was anywhere near the edge of the great Mississippi, Aubid and Winona LaDuke built a waaginogaaning, a traditional Ojibwe prayer lodge, on the banks of the river, in the exact spot where Line 3 was slated to be drilled under its waters. Earlier this year, in the depths of the Minnesota winter, Enbridge workers appeared on site, nailing “No Trespassing” signs to trees.

The workers informed Aubid and LaDuke that they were trespassing on Enbridge property.

“No, you’re trespassing,” Aubid replied.

When the workers returned with law enforcement, Aubid handed the police officer a copy of the 1855 Treaty Authority letter, informing them of her legal, treaty-protected right to practice her religion there. The police and the Enbridge workers left Aubid in her prayer lodge soon after, but nobody expected Enbridge to stay away for long.

They didn’t. In July 2021, Enbridge drilled under the river, despite Aubid, Matteson, LaDuke, and others wading into the river to try and stop them.

The prayer lodge still stands in the path of the pipeline, and dozens more people have joined the Welcome Water Protector Center as the fight against the pipeline is reaching a boiling point. Since December alone, nearly 600 people have been arrested for actions related to stopping the construction of Line 3 and tens of thousands more have marched, demanded that Biden intervene, and protested the banks funding the pipeline.

Aubid is clear on what she hopes will happen next. “We’d like more people to come here,” she says. “We’d like people to help us protect the lands, protect the waters, and to do what they can to uphold their side of the treaties.”

Later, as we walk beside the languorous waters of the Mississippi, Matteson reminds us of the importance of settlers upholding the treaties. “This isn’t history,” she says. “This is happening here. It is happening now.”

CORRECTION: This article was updated at 5:26p.m. on July 20,2021, to reflect the current state of the drilling. Read our corrections policy here.