U.S. Supreme Court to Review Apache Stronghold’s Case on Nov. 22, 2024
For Immediate Release: November 7, 2024
Media Contact: Ryan Colby | media@becketlaw.org | 202-349-7219
WASHINGTON – A coalition of Western Apaches, other Native peoples, and non-Native allies yesterday asked the Supreme Court to reject plans by the federal government and a multinational mining giant to destroy a sacred site where Apaches have held religious ceremonies for centuries. In Apache Stronghold v. United States, the Ninth Circuit Court of Appeals refused to stop the federal government from transferring Oak Flat to Resolution Copper, a foreign-owned mining company that plans to turn the site into a massive mining crater, ending Apache religious practices forever (Watch this short video to learn more). The latest Supreme Court filing rebuts the government’s argument that religious freedom protections in the U.S. Constitution and the Religious Freedom Restoration Act (RFRA) do not apply on federally controlled land.
Since time immemorial, Western Apaches and other Native peoples have gathered at Oak Flat, outside of present-day Superior, Arizona, for sacred religious ceremonies that cannot take place anywhere else. Known in Apache as Chi’chil Biłdagoteel, Oak Flat is listed in the National Register of Historic Places and has been protected from mining and other harmful practices for decades. These protections were targeted in December 2014 when a last-minute provision was slipped into a must-pass defense bill authorizing the transfer of Oak Flat to the Resolution Copper company. Resolution plans to turn the sacred site into a two- mile-wide and 1,100-foot-deep crater. The majority owner of Resolution Copper, Rio Tinto, sparked international outrage when it deliberately destroyed 46,000-year-old Indigenous rock shelters at one of Australia’s most significant cultural sites.
“Oak Flat is our spiritual lifeblood—like Mt. Sinai for Jews or Mecca for Muslims—the sacred place where generations of Apache have connected with our Creator,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “The government should protect Oak Flat just like it protects the sacred places of all other faiths in this country—not give it to a foreign-owned mining company for destruction.”
Apache Stronghold—a coalition of Apaches, other Native peoples, and non-Native allies—filed this lawsuit in January 2021 seeking to halt the proposed mine at Oak Flat. The mine is opposed by 21 of 22 federally recognized tribal nations in Arizona, by the National Congress of American Indians, and by a diverse coalition of religious denominations, civil-rights organizations, and legal experts. Meanwhile, national polling indicates that 74% of Americans support protecting Oak Flat. The Ninth Circuit ruled earlier this year that the land transfer is not subject to federal laws protecting religious freedom. But five judges dissented, writing that the court “tragically err[ed]” by refusing to protect Oak Flat.
“Blasting the birthplace of Apache religion into oblivion would be an egregious violation of our nation’s promise of religious freedom for people of all faiths,” said Luke Goodrich, vice president and senior counsel at Becket. “The Supreme Court has a strong track record of protecting religious freedom, and we expect the Court to take this case and confirm that Native American religious practices are fully protected by federal law.”
In addition to Becket, Apache Stronghold is represented by Erin Murphy of Clement & Murphy PLLC, Professor Stephanie Barclay of Georgetown Law School, and attorneys Michael V. Nixon and Clifford Levenson.
Apache Stronghold v. United States is one of the most significant decisions pending the U.S. Supreme Court. To allow Resolution Copper/Rio Tinto to destroy sacred Oak Flat would be like destroying St. Patrick’s Cathedral to put up a McDonald’s just in time for Christmas. The masses (no pun intended) of people would go ape shit cray-cray. Resolution Copper/Rio Tinto is capable of such atrocities; may enough of the judges show true heart-mind and make the right-wise decision in favor of Apache Stronghold and the well-being and balance of the Earth. – Mankh
An example of what Rio Tinto has done… Simandou, Guinea, “with over two billion tonnes of reserves and some of the highest grades [iron ore] in the industry (66% – 68% Fe which attracts premium pricing), has a back-of-the-envelope calculation value of around $110 billion at today’s prices.”
On Friday, August 30, Applied Energy Services Corporation (AES), a global utility and power generation company, submitted a proposal to Santa Fe, New Mexico county commissioners to build a 700-acre solar facility with a battery energy storage system (BESS).
On September 5th, a thermal runaway fire started at the AES-built SDG&E (San Diego Gas and Electric) Battery Storage Facility in Escondido, California. (With a thermal runaway fire, excessive heat causes a chemical reaction that spreads to other batteries.) Authorities issued a mandatory evacuation order for the immediate area, and a “shelter in place” order for areas as far as over a mile away from the fire. (To shelter in place, people must go indoors, shut doors and windows, and “self-sustain” until emergency personnel provide additional direction.) Schools up to three miles away from the fire were evacuated Thursday and canceled for Friday. 500 businesses closed.
As of this morning, Saturday, September 7th, officials have not yet lifted orders to evacuate and shelter in place.
On social media, people have reported smelling “burning plastic” inside their homes (despite windows being closed) and feeling ill.
People from Oceanside to Encinitas encountered a strong chemical smell starting around 5 pm Friday, the 6th. Around 8:30 pm, San Diego County Air Pollution Control District officials said that this smell was not related to the BESS fire in Escondido. Due to the odors’ fleeting nature, they were unable to identify its source.
This is the 3rd AES BESS thermal runaway fire in five years. Officials predict that it could take up to 48 hours to extinguish.
A May 2024 battery fire in Otay Mesa, California kept firefighters on the scene for nearly 17 days. They sprayed eight million gallons of water on the site. The county’s hazmat team tested water runoff and smoke and reported no toxic or dangerous levels. (Is the keyword in this last sentence “reported?”)
For a list of battery energy storage “failure incidents,” see Electric Power Research Institute’s database. Globally, 63 utility and industrial-scale battery energy storage systems endured failure events from 2011 to 2023. After South Korea, the U.S. has experienced the most major battery energy storage-related fires, with California (six, with this Escondido fire) and New York (four) reporting the most incidents.
Back in Santa Fe County, petitioners emailed and hand-delivered a request to county commissioners on July 23 and August 23 to enact a moratorium on AES’s solar facility and battery energy storage system. Commissioners did not review these petitions before AES submitted its application on August 30th. A moratorium cannot apply to a pending application.
AES’s Escondido Battery Energy Storage facility has 24 BESS battery containers. The corporation plans to install 38 battery containers at its Rancho Viejo BESS facility.
Please also read my September 5th post, 21 questions for solar PV explorers, and check out Shauna and Harlie Rankin’s video, “Government announces 31 million acre land grab from U.S. ranchers (for solar and wind facilities).” It explains that federal officials and corporations have joined forces to install “renewable power” corridors—five miles wide, 70 miles long, and larger—around the U.S. by 2030. These corridors will cover farm and ranchland with solar and wind facilities.
I also highly recommend Calvin L. Martin’s August 2019 report, “BESS Bombs: The huge explosive toxic batteries the wind & solar companies are sneaking into your backyard.” Part 1 and Part 2. I recommend reading this report even though powers-that-be removed its videos.
According to basic engineering principles, no technology is safe until proven safe. Will legislators continue to dedicate billions of dollars to subsidizing solar power, wind power, battery storage and EVs? Will commissioners and regulators say, “We have to expect some thermal runaway fires in order to mitigate climate change threats?” Or, will they build safety features into BESS like this firefighter suggests? Will they protect the public and insist on certified reports from liability-carrying professional engineers that all hazards have been mitigated before they permit new facilities and new battery storage systems?
1. Do you agree with Herman Daly’s principles—don’t take from the Earth faster than it can replenish, and don’t waste faster than it can absorb?
2. Should solar PV evaluations recognize the extractions, water, wood, fossil fuels and intercontinental shipping involved in manufacturing solar PV systems?
3. How should a manufacturer prove that slave laborers did not make any part of its solar PV system?
4. Should evaluations of solar PVs’ ecological impacts include impacts from chemicals leached during PVs’ manufacture?
5. Should evaluations assess the ecological impacts of spraying large-scale solar facilities’ land with herbicides to kill vegetation that could dry and catch fire?
6. Does your fire department have a plan for responding to a large-scale solar facility fire on a sunny day—when solar-generated electricity cannot be turned off?
7. Since utilities can’t shut off rooftop solar’s power generation on a sunny day, firefighters will not enter the building: they could be electrocuted. Meanwhile, every solar panel deployed on a rooftop increases a building’s electrical connections and fire hazards. How/can your fire department protect buildings with rooftop solar?
8. Solar panels are coated with PFAs in four places. Panels cracked during hailstorms can leach chemicals into groundwater. Who will monitor and mitigate the chemicals leached onto land under solar panels?
9. To keep clean and efficient, solar panels require cleaning. Per month, how much water will the solar PV facility near you require?
10. Covering land with paved roads, parking lots, shopping malls, data centers…and large solar facilities…disrupts healthy water cycling and soil structure. Should evaluations assess the impact of these losses? How/can you restore healthy water cycling and soil structure?
11. Since solar PVs generate power only when the sun shines—but electricity users expect its availability 24/7—such customers require backup from the fossil-fuel-powered grid or from highly toxic batteries. Should marketers stop calling solar PVs “renewable,” “green,” “clean,” “sustainable” and “carbon neutral?”
12. Inverters convert the direct current (DC) electricity generated by solar panels to alternating current (AC)—the kind of electricity used by most buildings, electronics and appliances. (Boats and RVs do not connect to the grid; they use DC—batteries—to power their appliances.) Inverters “chop” the electric current on building wires, generating a kind of radiation. What are the hazards of such radiation? How/can you mitigate it?
13. At their end-of-usable-life, solar PVs are hazardous waste. Who pays the ecological costs to dispose of them?
14. Who pays the financial bill to dispose of solar PV systems at their end-of-usable-life? If you’ve got a large-scale solar facility, did your county commissioners require the corporation to post a bond so that if/when it goes bankrupt, your county doesn’t pay that financial bill?
15. After a solar facility’s waste has been removed, how/will the land be restored?
16. From cradles-to-graves, who is qualified to evaluate solar PVs’ ecological soundness? Should the expert carry liability for their evaluation? Should consumers require a cradle-to-grave evaluation from a liability-carrying expert before purchasing a solar PV system?
17. Do solar PVs contribute to overshoot—using water, ores and other materials faster than the Earth can replenish them?
18. If overshoot is a primary problem, and climate change, loss of wildlife species and pollution are consequences of overshoot, do we change our expectations of electric power, devices, appliances and the Internet?
19. Can you name five unsustainable expectations about electric power?
20. Can you name five sustainable expectations about electric power?
21. In your region (defined by your watershed), who knows how to live sustainably?
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SUBSIDIZING SOLAR
U.S. subsidies of semiconductor and green energy manufacturers could reach $1 trillion.
When it opened in 2014, the Ivanpah Solar Power Facility in the Mojave Desert was the world’s largest solar thermal power station. Read about its daily consumption of natural gas, the subsidies it used to fund its $2.2 billion cost, its devastation of 3500 acres of desert habitat, its fire, and its annual production of electricity.
END-OF-LIFE-E-WASTE
End-of-life-e-waste (including from solar panels) poisons Ghana, Malaysia and Thailand —and harms children who scour junkyards for food and schooling money. Actual end-of-life-e-waste rises five times faster than documented e-waste. Of course, the vast majority of e-waste occurs during manufacturing (mining, smelting, refining, “doping” of chemicals, intercontinental shipping of raw materials, etc.).
INSPIRATION
The new Just Transition Litigation Tracking Tool from the Business & Human Rights Resource Centre has documented, up to 31 May 2024, 60 legal cases launched around the world by Indigenous Peoples, other communities and workers harmed by “renewable” supply chains. Cases brought against states and/or the private sector in transition mineral mining and solar, wind and hydropower sectors challenge environmental abuses (77% of tracked cases), water pollution and/or access to water (80%), and abuse of Indigenous Peoples’ rights (55%), particularly the right to Free, Prior and Informed Consent (FPIC – 35% of cases). These cases should warn companies and investors that expensive, time-consuming litigation can quickly eat up the benefits of such shortcuts.
For two decades, a small group of nuns in rural Kansas has taken on Netflix, Amazon and Google on social issues. Even when their stocks amount to only $2,000, the nuns propose resolutions at shareholders’ meetings. For example, the sisters have asked Chevon to assess its human rights policies, and for Amazon to publish its lobbying expenditures.
When Rio Tinto proposed mining lithium in Serbia’s Jadar Valley (whose deposits could cover 90% of Europe’s current lithium needs), the corporation claimed that mining would meet environmental protection requirements. Locals learned about the mining’s potentially devastating impacts on groundwater, soil, water usage, livestock and biodiversity from tailings, wastewater, noise, air pollution and light pollution. 100,000 Serbians took to the streets, blocked railways—and moved President Aleksandar Vucic to promise that mining will not proceed until environmentalists’ concerns are satisfied.
Editor’s note: Lithium is among the hottest commodities today. As oil prices spike, electric vehicles (EVs) are sold out at dealerships and huge numbers of pre-orders serve as massive interest-free loans for EV corporations. But supply chains remain an obstacle to EV adoption.
Producing electric cars is more complex and expensive than internal-combustion-engine vehicles, and the infrastructure to support EV manufacturing—from mines to factories—is still in its infancy. This imbalance between supply and demand is driving prices up, while uncertainties in the market are threatening investment.
Those uncertainties include local communities around the world, from the United States to Chile, fighting to keep lithium mining from destroying their communities, as well as new threatening regulations in the European Union that classify lithium salts as serious reproductive toxins. The environmental impact of lithium mining and EV manufacturing is extremely serious, and community opposition is growing just as opposition to the oil and gas industry has grown.
Today’s story comes from Serbia, where determined resistance from environmentalists, farmers, and community members has succeeded in blocking Rio Tinto, the second-largest mining corporation in the world, from mining the Jadar valley for lithium borates.
… The Anglo-Australian mining giant [Rio Tinto] was confident that it would, at least eventually, win out in gaining the permissions to commence work on its US$2.4 billion lithium-borates mine in the Jadar Valley.
In 2021, Rio Tinto stated that the project would “scale up [the company’s] exposure to battery materials, and demonstrate the company’s commitment to investing capital in a disciplined manner to further strengthen its portfolio for the global energy transition.”
The road had been a bit bumpy, including a growing environmental movement determined to scuttle the project. But the ruling coalition, led by the Serbian Progressive Party, had resisted going wobbly on the issue…
[But now] In Serbia, Rio Tinto [has] faced a rude shock. The Vučić government, having praised the potential of the Jadar project for some years, abruptly abandoned it. “All decisions (connected to the lithium project) and all licenses have been annulled,” Serbian Prime Minister Ana Brnabić stated flatly on January 20. “As far as project Jadar is concerned, this is an end.”
Branabić insisted, somewhat disingenuously, that this decision merely acknowledged the will of voters. “We are listening to our people and it is our job to protect their interests even when we think differently.”
This is a bit rich coming from a government hostile to industry accountability and investment transparency. The same government also decided to begin infrastructure works on the jadarite mine before the granting of an exploitation permit. Such behavior has left advocates such as Savo Manojlović of the NGO Kreni-Promeni wondering why Rio Tinto was singled out over, for instance, Eurolithium, which was permitted to dig in the environs of Valjevo in western Serbia.
Zorana Mihajlović, Serbia’s mining and energy minister, preferred to blame the environmental movement, though the alibi seemed a bit forced. “The government showed it wanted the dialogue … (and) attempts to use ecology for political purposes demonstrate they (green groups) care nothing about the lives of the people, nor the industrial development.”
Rio Tinto had been facing an impressive grass roots militia, mobilized to remind Serbians about the devastating implications of proposed lithium mining operations. The Ne damo Jadar (We won’t let anyone take Jadar) group has unerringly focused attention on the secret agreements reached between the mining company and Belgrade. Zlatko Kokanović, vice president of the group, is convinced that the mine would “not only threaten one of Serbia’s oldest and most important archaeological sites, it will also endanger several protected bird species, pond terrapins, and fire salamander, which would otherwise be protected by EU directives.”
Taking issue with the the unflattering environmental record of the Anglo-Australian company, numerous protests were organized and petitions launched, including one that has received 292,571 signatures. Last month, activists organized gatherings and marches across the country, including road blockades.
Djokovic has not been immune to the growing green movement, if only to lend a few words of support. In a December Instagram story post featuring a picture of anti-mining protests, he declared that, “Clean air, water and food are the keys to health. Without it, every word about health is redundant.”
Rio Tinto’s response to the critics was that of the seductive guest keen to impress: we have gifts for the governors, the rulers and the parliamentarians. Give us permission to dig, and we will make you the envy of Europe, green and environmentally sound ambassadors of the electric battery and car revolution.
The European Battery Alliance, a group of electric vehicle supply chain companies, is adamant that the Jadar project “constituted an important share of potential European domestic supply.” The mine would have “contributed to support the growth of a nascent industrial battery-related ecosystem in Serbia, contributing to a substantial amount to Serbia’s annual GDP.” Assiduously selective, the group preferred to ignore the thorny environmental implications of the venture.
The options facing the mining giant vary, none of which would appeal to the board. In a statement, the company claimed that it was “reviewing the legal basis of this decision and the implications for our activities and our people in Serbia.” It might bullyingly seek to sue Belgrade, a move that is unlikely to do improve an already worn reputation. “For a major mining company to sue a state is very unusual,” suggests Peter Leon of law firm Herbert Smith Freehills. “A claim under the bilateral treaty is always a last resort, but not a first resort.”
Another option for punters within the company will be a political gamble: hoping that April’s parliamentary elections will usher in a bevy of pro-mining representatives. By then, public antagonism against matters Australian will have dimmed. The Serbian ecological movement, however, is unlikely to ease their campaign. The age of mining impunity in the face of popular protest has come to an end.
Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.com.
Minor edits have been made to this piece for clarity.
A ravenous, yet decrepit cyborg – part machine, part zombie – lurches onward as it is programmed to do. Its hunger is so insatiable that it eats its own flesh; it eats its offspring; and it eats the future. The catabolic effects are inescapable and its death rattle reverberates for miles. An entire city lives inside this beast. Yet in this late hour, inhabitants put their heads down and carry-on as usual, for they are all dependent upon this monster for their very own food, water, and shelter. No one dares utter a stray word, until the day one brave soul holds up a mirror that reveals who they have become.
A decade ago, I attended a series of contentious activist meetings with Rio Tinto, the mega-mining corporation that owns the massive Kennecott copper pit in the Salt Lake Valley. Rio Tinto planned to expand the mine, and activists were pushing back. The meetings foundered and collapsed upon the lack of viable possibilities for avoiding local impacts and for making operations more sustainable. Activists’ proposals were considered impractical and unprofitable. Ultimately, Kennecott got its expansion and activists got nothing.
Jean Arnold, Civilization, 2012, oil on canvas, 42 x 42 inches. An early Egyptian pyramid is seen with the gaping hole of the Kennecott copper pit. As civilization builds up monuments to itself, it must tear down into Earth for her treasures.
As a visual artist, I took my angst to the studio and captured eviscerated earth in a series of paintings and drawings, depicting large-scale mining operations that are rarely seen or considered by the public. What better way to reveal our civilization’s insatiable hunger for resources?
I realized that the mining industry cannot be greened, intrinsically by its very nature. Mining casts a long shadow: habitat loss, land theft, worker exploitation, local health impacts, and groundwater contamination, to name just a few issues. Without mining and other forms of extraction, Industrial Civilization could not exist. Yet we rarely ponder our Wonder-World’s material basis and its extraction costs.
Turns out I’m not the only one working in this vein – far from it.
This year a broad panoply of photographers, painters, poets, and printmakers are raising a ruckus in a four-continent constellation of almost sixty exhibits, installations, performances, and events under the rubric “EXTRACTION: Art on the Edge of the Abyss.” When EXTRACTION originator Peter Koch announced the project, it took off like wildfire. Creators are shining lights on all forms of the omnivorous extractive industry, “from mining and drilling to the reckless plundering and exploitation of fresh water, fertile soil, timber, marine life, and innumerable other resources across the globe.” The project’s broad definition begs the questions: In our civilization, what isn’t based on extraction? What isn’t affected by extraction?
The Algonquin word “wetiko” reveals extraction as a symptom of the culture-wide soul-sickness driven by domination, greed, and consumptive excess. It blinds humans from seeing ourselves as part of an interdependent whole, in communion with all of life. It is through this toxic mindset that the world is divided up and consumed for profit.
Extraction is an uncomfortable topic: it confronts us with our system’s voracious appetite for taking Earth’s riches without reciprocity – the very epitome of wetiko. Sure, we can point at capitalism, corporations and elite interests, but as participants in this wetiko culture we are all infected by this mind virus.
Far beyond a “problem” – extraction and its consequences pose a predicament without escape. Humanity is hitting planetary limits: declining resources, excess CO2 in the atmosphere, and plastic choking our oceans. Many of the proposed “solutions,” are just new iterations of the same paradigm, bringing more extraction. For example, see our blog “We are Strip-Mining Life While We Drink ‘Bright Green Lies’” as to why “green” tech will never save us. Humanity has dug itself deep into a hole from which few of us may emerge.
Since stories create meaning, the “wetikonomy” seeks to maintain itself through a tight control over its own narratives. In our situation, the system rewards those that uphold its delusions: endless growth, techno-magic, fulfillment through consumption, and superiority over nature. We are told there is no alternative and things are getting better all the time.
Stephen Braun, The Hoarder, 2009, raku ceramics, 24 x 30 x 8 inches. Clinging to the same mentality at the root cause of the crises.
The pressure to act according to these grand-yet-contradictory narratives is pervasive, which means compliance is near-universal. Witness the charades played by world leaders and diplomats at decades of climate conferences, giving lip service to fossil fuel phase-out while maintaining the techno-growth-extraction paradigm – essentially mocking the stated climate goals by clinging to the same mentality at the root cause of the crisis. Does anyone think this year’s climate conference, COP26 in Glasgow will play out differently?
Why are people so willing to surrender their agency? Society is captivated by a grand bargain described by social critic Lewis Mumford in his 1964 essay “Authoritarian and Democratic Technics”:
The bargain … takes the form of a magnificent bribe … each member of the community may claim every material advantage … food, housing, swift transportation, instantaneous communication, medical care, entertainment, education. But on one condition: that one must not merely ask for nothing that the system does not provide, but likewise agree to take everything offered … Once one opts for the system no further choice remains.
In other words, the bribe offers everyone a share in the largess, that is, the cornucopia of material goods unleashed by this industrial economy — as long as one does not question the costs to others, to ecosystems, or to the future.
The wetiko-spirit hates to be seen and named, as this begins to dissolve its parasitic power over its host. Dissent against the existing paradigm is ignored, penalized, or co-opted – that is, absorbed into the hegemony. Until it’s not. The time comes when costs become unbearable, limits are reached, and opposition finally boils over.
Thus, the last thing the power structure wants is a cultural spotlight on extraction, which exposes the core of our malady. And certainly not through art, which has a visceral, soul-level power – a power that scientific reports, statistics, and warnings do not have. Art can play a prophetic role: bearing witness to unsettling matters and grabbing attention before we can turn away. It can portray possibilities previously unconsidered, vitally needed at this time.
Jos Sances, Or, the Whale, 2108-2109, scratchboard, 14 x 51 feet This very large scratchboard drawing was inspired by Moby Dick and the history of whaling in America. The whale’s skin is embedded with a history of capitalism in America—images of human and environmental exploitation and destruction since 1850.
EXTRACTION co-founder Edwin Dobb (now deceased) posed the question of our time: Can we break the spell? A growing chorus on the periphery – Greta Thunberg, poets, painters, performance artists, Extinction Rebellion – is revealing the sociopathic end-game holding us in its grip and unraveling slowly in real time. Learning to see wetiko within ourselves and our culture can begin to break its spell. Can we come to see our own hubris?Contraction is coming whether we like it or not – how can we deal with this if we are spellbound? We have no individual or collective roadmap for the coming post-extraction Reality.
The EXTRACTION project’s exhibits and events are winding down, although organizers hope for continuation in some form. Only a few more venues are scheduled to open, yet its effects will continue rippling outwards. The project has legitimized the extraction art movement and showcased some of today’s most potent work. It has broadened my own definition of extraction-inspired art, which helps me see new possibilities. The project will live on in the evolving work of extraction artists and in others forging authentic responses to our global predicaments. Art is all-too-often wed to money and societal embrace, compromising its own power and obscuring rather than illuminating Reality. Artmaking on the margins is not easy, so supporting this work is necessary.
Chris Boyer, Atlantic Salmon Pens, Welshpool, New Brunswick, Canada (44.885980°, -66.959243°), 2018.
Art that challenges the wetiko-extraction paradigm will become even more relevant, as extraction’s impacts widen. Extraction art is not going away, until extraction itself goes away. While industrial-scale extraction has “only” been with us for four hundred years, art has been with us for thousands of generations, since our early ancestors rendered images inside caves.
EXTRACTION megazine (648 pages): download for free or purchase a printed copy for $25 + $7 shipping.
Partly a group catalog of extraction-related artwork, each artist or creator’s individual contribution documents their own personal investigations into the extraction question. The project is by no means limited to the visual arts—in these pages you will also find poetry, critical writings, philosophical treatises, manifestos, musical scores, conversations, historical or found photographs, and much more.
As the Glasgow climate conference begins, and the time we have to avert a climate crisis narrows, it is time to revisit successful First Nations campaigns against the fossil fuel industry.
Like the current fight to avert a climate catastrophe, these battles are good, old-fashioned, come-from-behind, David-versus-Goliath examples we can all learn from. The Jabiluka campaign is a good example.
In the late 1990s, a mining company, Energy Resources of Australia, was planning to expand its Kakadu uranium mine into Jabiluka, land belonging to Mirarr Traditional Owners in the Northern Territory. The adjacent Ranger Uranium mine had been operating for 20 years without Traditional Owners’ consent and against their wishes, causing long-term cultural and environmental destruction.
But the expansion of the mine ultimately failed, thanks to an extraordinary campaign by the Traditional Owners, led by Yvonne Margarula and a relative, the lead author of this article, Jacqui Katona (a Djok woman).
In recognition of our work, we shared the 1999 Goldman Environmental Prize, one of the most prestigious international grassroots environmental awards.
Yvonne Margarula and Jacqui Katona after accepting the Goldman Environmental Prize for grassroots activism, Island Nations 1998.Provided by author.
The campaign included a huge on-site protest camp, shareholder action and significant overseas support (including from the European Parliament, US Congress and an expert committee to UNESCO). It also included a blockade of the mine site – one of the biggest blockades Australia had ever seen.
These are valuable lessons for those wanting to take decisive action against the fossil fuel industry. Here are six ways to learn from our experience:
1. Put pressure on the financial sector
Continuous pressure on companies in the financial sector (such as banks), which are complicit in the success of fossil fuel companies, can have an impact. This can be done by exposing their involvement with fossil fuels and pressuring them to be held accountable for these partnerships.
One of the most successful actions of the Jabiluka campaign was the coordination of protests at Westpac, which financed the mine’s owner, Energy Resources of Australia. Not only did protesters raise awareness about Westpac’s investment at local branches, they created bureaucratic chaos by opening and closing bank accounts.
This resulted in a corporate shift in Westpac towards better accountability on issues affecting First Nations people. Coordinated protests like this are an effective way to empower people to participate in positive action for change.
First Nations campaigns against mining and other fossil fuel companies show the single most important factor in successful protests is leadership by politically powerful organisations or alliances.
In the Jabiluka campaign, Katona and Margarula were successful in large part because of their insistence on a Mirrar-led campaign forming strong alliances with powerful unions, environmental groups and other national and international organisations.
Shareholders were then able to have some influence over corporate responsibility and accountability, including the appointment of a sustainable development manager. While the government ultimately amended the Corporations Act to make such actions more difficult, this nevertheless shows that creative direct action can be successful in holding corporations accountable.
4. Win over the right people
When Rio Tinto detonated 46,000-year-old rock shelters at Juukan Gorge on the traditional land of the Puutu Kunti Kurrama and Pinikura peoples last year, it was not only public outcry that led to the resignation of three senior executives, including the chief executive.
Katona led the Jabiluka campaign while a mother to two small children, juggling local work with international activism. She was jailed for trespassing on Aboriginal land. She was hospitalised with complications from lupus, which required a long recovery.
Be strategic about your participation in high-energy campaigns and find ways to support the efforts of key activists. But also know the fight against the fossil fuel industry takes more effort than just changing your social media profile picture.
There is no perfect time, or single solution, to campaigning for a better future. The power of people is a resource which often delivers inspiration to disrupt and needs to be nurtured.
6. Believe you can win
Aboriginal and Torres Strait Islander communities have faced hundreds of years of colonisation, industrial desecration of their sacred lands, and destruction of their Country. However in many cases, they have won battles against the odds.
The Mirrar faced a discriminatory system which sidelined their interests in Kakadu for more than 20 years. But they continued their fight to protect Country, and ultimately succeeded in preventing Jabiluka’s expansion.
So take heart and don’t give up. This is a fight that can be won.
