In this episode of Resistance Radio Derrick Jensen interviews Stephen Jenkinson. They discuss grief, trauma, history, death, community, living well and everything in between.
Editor’s note: “Most people don’t realize that part of gas extraction is a liquid condensate, the origin of plastics, which is being pumped, defying Climate Chaos, via the maze of fracking pipelines to the Gulf Coast, where the US is set on cornering the world plastics market, as well as shipping the LNG gas it has forced on its European vassals.” In a bid to become a world plastics monopoly, Exxon quietly plans to erect a new $8.6 billion plastics plant. The proposal calls for a steam cracker, a facility that uses oil and natural gas to make ethylene and propylene — the chemical building blocks of plastic. “Besides ethylene and propylene, steam crackers produce climate pollution and hazardous chemicals like ammonia, benzene, toluene, and methanol.”
“Where Exxon is going to put their bloody plant is smack-dab in front of [what will be] one of the largest oyster farms in Texas,” said Wilson, who is not convinced that any plastics factory can operate without polluting. She noted that Formosa has already violated its settlement agreement nearly 800 times, racking up over $25 million in fines. “Exxon is going to be exactly like Formosa.”
“We have been cleaning the piss out of [Cox Creek], and this is the very place where Exxon is going to try to put its plastics plant,” Wilson, who lives in nearby Seadrift, said of the facility’s potential location. “You see this nightmare of another plant, trying to do the very same thing.”
A Shrimper’s Crusade Pays Big Dividends on a Remote Stretch of Texas Coastline
Five years after Diane Wilson’s landmark settlement with Formosa Plastics, money flows to “the bay and the fishermen.”
By Dylan Baddour
December 24, 2024
This article originally appeared on Inside Climate News, a nonprofit, non-partisan news organization that covers climate, energy and the environment. Sign up for their newsletter here.
PORT LAVACA, Texas—Few men still fish for a living on the Gulf Coast of Texas. The work is hard and pay is meager. In the hearts of rundown seaside towns, dilapidated harbors barely recall the communities that thrived here generations ago.
But at the docks of Port Lavaca, one group of humble fishermen just got a staggering $20 million to bring back their timeless way of life. They’re buying out the buyer of their catch, starting the largest oyster farm in Texas and dreaming big for the first time in a long time.
“We have a lot of hope,” said Jose Lozano, 46, who docks his oyster boats in Port Lavaca. “Things will get better.”
It’s all thanks to one elder fisherwoman’s longshot crusade against the petrochemical behemoth across the bay, and her historic settlement in 2019. Diane Wilson, a fourth-generation shrimper from the tiny town of Seadrift, took on a $250 billion Taiwanese chemical company, Formosa Plastics Corp., and won a $50 million trust fund, the largest sum ever awarded in a civil suit under the Clean Water Act.
Now, five years later, that money is beginning to flow into some major development projects on this mostly rural and generally overlooked stretch of Texas coastline. Through the largest of them, the Matagorda Bay Fishing Cooperative, formed in February this year, Wilson dreams of rebuilding this community’s relationship with the sea and reviving a lifestyle that flourished here before global markets cratered the seafood industry and local economies shifted to giant chemical plants.
“I refuse to believe it’s a thing of the past,” said Wilson, 76, who lives in a converted barn, down a dirt road, amid a scraggle of mossy oak trees. “We’re going to put money for the fishermen. They’re not going to be destroyed.”
The fishing cooperative has only just begun to spend its $20 million, Wilson said. It’s the largest of dozens of projects funded by her settlement agreement. Others include a marine science summer camp at the Port Lavaca YMCA, a global campaign to document plastic pollution from chemical plants, a $500,000 study of mercury pollution in Lavaca Bay and the $10 million development of a local freshwater lake for public access.
“They are doing some wonderful things,” said Gary Reese, a Calhoun County commissioner. He also received grants from the fund to build a pier and a playground pavilion at other county parks.
The fund resulted from a lawsuit Wilson filed in 2017 under the Clean Water Act, which enables citizens to petition for enforcement of environmental law where state regulators have failed to act. By gathering evidence from her kayak over years, Wilson demonstrated that Formosa had routinely discharged large amounts of plastic pellets into local waterways for decades, violating language in its permits.
These sorts of lawsuits typically result in settlements with companies that fund development projects, said Josh Kratka, managing attorney at the National Environmental Law Center in Boston. But seldom do they come anywhere close to the dollar amount involved in Wilson’s $50 million settlement with Formosa.
“It’s a real outlier in that aspect,” Kratka said.
For example, he said, environmental organizations in Texas sued a Shell oil refinery in Deer Park and won a $5.8 million settlement in 2008 that funded an upgrade of a local district’s school bus fleet and solar panels on local government buildings. In 2009 groups sued a Chevron Phillips chemical plant in Baytown and won a $2 million settlement in 2009 that funded an environmental health clinic for underserved communities.
One reason for the scale of Wilson’s winning, Kratka said, was an unprecedented citizen effort to gather plastic pollution from the bays as evidence in court. While violations of permit limits are typically proven through company self-reporting, Wilson mobilized a small team of volunteers.
“This was done by everyday people in this community, that’s what built the case,” said Erin Gaines, an attorney who previously worked on the case for Texas RioGrande Legal Aid. “This had never been done before, but that doesn’t mean it can’t happen.”
Wilson’s settlement included much more than the initial $50 million payment. Formosa also agreed to clean up its own legacy plastic pollution and has so far spent $32 million doing so, according to case records. And the company committed to discharge no more plastic material from its Point Comfort complex—a standard which had never been applied to any plastics plants across the nation.
“They cannot believe I would do this for the bay and the fishermen. It’s my home and I completely refuse to give it to that company to ruin.”
Formosa consented to regular wastewater testing to verify compliance, and to penalties for violations. Now, three times a week, a specially engineered contraption analyzes the outflows at Formosa. Three times a week, it finds they are full of plastic. And three times a week, Formosa pays a $65,000 penalty into Wilson’s trust fund.
It’s small change for a company that makes about a billion dollars per year at its Point Comfort complex, or $2.7 million per day. To date, those penalty payments have totaled more than $24 million, in addition to the $50 million awarded in 2019.
The money doesn’t belong to Wilson, who has never been rich, and she never touches it. It goes into a fund called the Matagorda Bay Mitigation Trust, which is independently managed.
For the first $50 million, Wilson evaluated grant applications and allocated the money to government entities, registered nonprofits and public universities. Now an independent panel administers the fund.
Many locals who know her story assume that Wilson is rich now, she said. But she never got a penny of the settlement. She was never doing this for the money.
“They cannot believe I would do this for the bay and the fishermen,” she said. “It’s my home and I completely refuse to give it to that company to ruin.”
Formosa also writes grants for community development programs, although none of them approach the size of the Matagorda Bay Mitigation Trust.
In response to a query from Inside Climate News, the company provided a summary of its community spending over 30 years, including $2.4 million on local and regional environmental projects, $2 million for a new Memorial Medical clinic, $2 million to upgrade local water treatment systems, $2 million to an area food bank, $1.3 million for local religious organizations and $1.2 million on scholarships for high school seniors.
The company has contributed $6.3 million for regional roadway improvements, donated 19 houses to the Calhoun County Independent School District and built a classroom in restored wetlands. Its annual employee golf tournament raises $500,000 for United Way charities, and its national headquarters in New Jersey gives $1 million each year to local charities. In Point Comfort it has programs to plant trees, protect bees and restore monarch butterfly habitat.
“Formosa Plastics has always believed in giving back to the community and approximately 30 years ago established education, environmental, medical, religious and scholarship trusts,” the company said in a five-page statement.
Since the 2019 settlement, Formosa has taken steps to address environmental challenges and reduce the environmental impact at its Point Comfort complex, the company said.
Formosa has installed pollution control systems to reduce the release of plastic particles, has partnered with industry experts to develop better filtration methods and is monitoring emerging technologies for opportunities to improve environmental stewardship, it said. The Point Comfort complex has also improved stormwater drainage to reduce plastics in runoff, and is engaging with community advocates to identify sustainable solutions.
“We understand the importance of protecting the environment and the communities where we operate, and we remain steadfast in our commitment to transparency, accountability, and continuous improvement,” the statement said.
The Fishing Way of Life
Wilson fondly recalls the bustling fishing community of her youth in Seadrift, more than 60 years ago. There were hundreds of boats at the docks, surrounded by a town full of mechanics, welders, netmakers and fish houses.
They weren’t rich, Wilson said, but they were free. They answered to no one, except maybe game wardens. They had twilight every morning, the silence of the water, the adventure of the search, the thrill of the catch and a regular intimacy with spirits of the sea, sun, wind and sky.
“You are out there on that bay, facing the elements, making decisions,” Wilson said. “That is as close to nature as you can get.”
Over her life, she watched it all fall apart. There are no fish houses in Seadrift today. Almost all the old businesses were bulldozed or boarded up. Wilson’s own brothers took jobs at the giant petrochemical plants growing onshore. But every day off they spent back on the water.
Most people called her crazy, 30 years ago, when she started complaining about water pollution from Formosa. Powerful interests denounced her and no one defended her.
But Wilson never gave up speaking out against pollution in the bay.
“That bay is alive. She is family and I will fight for her,” Wilson said. “I think everyone else would let her be destroyed.”
Over years of persistent, rambunctious protests targeting Formosa, Wilson began to get calls from employees at the plant, asking to meet secretly in fields, pastures and beer joints to talk about what they’d seen. They told her about vast amounts of plastic dust and pellets washed down drains, and about the wastewater outfalls where it all ended up.
When Wilson started visiting those places, often only accessible by kayak, she began to find the substance for her landmark lawsuit, millions and millions of plastic pellets that filled waterways and marshes.
“Felt like Huck Finn out there, all that exploring,” she said.
In 2017, Wislon filed her petition in federal court, then continued collecting evidence for years before trial. It was the first case over plastic pellet pollution brought under the Clean Water Act, according to Amy Johnson, then a contract attorney with the nonprofit RioGrande Legal Aid and lead attorney for Wilson’s case.
Gathering Nurdles
Down the coast in Port Aransas, a researcher at the University of Texas Marine Science Institute named Jace Tunnell had just launched a project in 2018 to study water pollution from plastics manufacturing plants. At that time, little was known about the scale of releases of plastic pellets, also called nurdles, into the oceans from those industrial facilities.
The Nurdle Patrol, as Tunnell called it, was beginning on a shoestring budget to methodically collect and catalog the nurdles in hopes of getting a better picture of the problem. That’s when Tunnel, a fourth generation Gulf Coast native and a second generation marine scientist, heard about a fisherwoman who was also collecting nurdles up the coast.
He contacted Wilson, who shared her data. But Tunnell didn’t believe it. Wilson claimed to have gathered 30,000 nurdles in 10 minutes. Tunnell would typically collect up to 200 in that time. He drove out to see for himself and found, to his shock, that it was true.
“The nurdles were just pluming up back there,” Tunnell said. “It really was an eye opener for me of how bad Formosa was.”
At that time, Wilson and her small team of volunteers were pulling up huge amounts of plastic from the bay system and logging it as evidence.
In 2019, the case went to trial. At one point, she parked a pickup truck full of damp, stinky plastic outside the federal courthouse and brought the judge out to see. She also cited Nurdle Patrol’s scientific method for gathering pellets as a means to estimate overall discharges in the bay.
“Diane was able to use Nurdle Patrol data in the lawsuit to seal the deal,” Tunnell said.
Later that year, the judge ruled in Wilson’s favor, finding Formosa had violated its permit limits to discharge “trace amounts” of plastics thousands of times over decades.
Formosa opted to negotiate a settlement with Wilson rather than seek a court-ordered penalty. In December 2019, the two parties signed a consent decree outlining their agreement and creating the $50 million Matagorda Bay Mitigation Trust.
Funding Community Projects
Right away, Wilson signed over $1 million to the Nurdle Patrol, which Tunnell used over five years to build an international network with 23,000 volunteers and an online portal with the best data available on plastic nurdles in the oceans. They’ve also provided elementary and high schools with thousands of teaching kits about plastics production and water pollution.
“There’s no accountability for the industries that release this,” Tunnell said as he picked plastic pellets from the sand near his home on North Padre Island in early December. “Of course, Diane kind of changed that.”
The trust’s largest grant programs are still yet to take effect. Wilson allocated $10 million to Calhoun County to develop a 6,400 acre park around Green Lake, the second largest natural lake in Texas, currently inaccessible to the public.
The county will begin taking bids this month to build phase one of the project, which will include walking trails and birding stands, according to county commissioner Reese. Later they’ll build a parking lot and boat ramp.
The county brought this property in 2012 with hopes of making a park, but never had the money. Initially, county officials planned to build an RV park with plenty of pavement. But funding from Wilson’s trust forbade RVs and required a lighter footprint to respect the significant Native American and Civil War campsites identified on the property.
“It’ll be more of a back-to-nature thing,” Reese said. “It’s been a long time coming, we hope to be able to provide a quality facility for the public thanks to Matagorda Mitigation Trust.”
By far, the largest grant from the trust has gone to the fishermen. Wilson allocated $20 million to form a cooperative at the docks of Port Lavaca—an unlikely sum of money for seamen who struggle to feed their families well. Wilson dreamed that this money could help bring back the vanishing lifestyle that she loved.
The Fishermen
Today, most of the remaining commercial fishermen on this Gulf coast come from Mexico and have fished here for decades. It’s hard work without health insurance, retirement plans or guaranteed daily income. But it’s an ancient occupation that has always been available to enterprising people by the sea.
“It’s what we’ve done our whole life,” said Homero Muñoz, 48, a board member of the fishermen’s cooperative, who has worked the Texas coast since he was 19. “This is what we like to do.”
Lately it’s been more difficult than ever, he said. Declining vitality in the bays, widespread reef closures by Texas authorities and opposition from wealthy sportfishing organizations force the commercial fishermen to compete for shrinking oyster populations in small and distant areas. Then, the fishermen have little power to negotiate on low prices for their catch set by a few big regional buyers, who also own most of the dock space. The buyers distribute it at a markup to restaurants and markets across the county.
“There isn’t anyone who helps us,” said Cecilio Ruiz, a 58-year-old father of three who has fished the Texas coast since 1982.
To help the fishermen build a sustainable business, Wilson tapped the Federation of Southern Cooperatives, an organization based in Atlanta originally founded to help Black farmers and landowners form cooperatives in the newly de-segregated South. For FSC, it was an unprecedented offer.
“This is an amazing project, very historic,” said Terence Courtney, director of cooperative development and strategic initiatives at FSC.
Usually, money is the biggest obstacle for producers wanting to form a collectively owned business, Courtney said. He’d never seen a case where a donor put up millions of dollars to make it happen.
“Opportunities like this don’t come around often. I can’t think of another example,” Courtney said. “We saw this as something that history was compelling us to do.”
The Matagorda Bay Fishing Cooperative
In 2020 Courtney started traveling regularly to Port Lavaca, meeting groups of fishermen, assessing their needs, discussing the concept of a cooperative and studying feasibility.
The men, who speak primarily Spanish, had trouble understanding Courtney’s English at first. But they knew someone who could help: Veronica Briceño, the daughter of a late local fisherman known as Captain Ralph. As a child, she translated between English and Spanish around her father’s business and the local docks and harbors.
Briceño, a 40-year-old worker at the county tax appraisal office, was excited to hear about the effort. She’d learned to fish on her grandfather’s boat. Her father left her four boats and she couldn’t bring herself to sell them. She joined FSC as a volunteer translator for the project.
“These men, all they know how to do is really just work,” she said. “They were needing support from someone.”
A year later, FSC hired Briceño as project coordinator. They leased an old bait shop with dock space at the harbor in Port Lavaca and renovated it as an office. Then in February 2024 they officially formed the Matagorda Bay Fishing Cooperative, composed of 37 boat owners with 77 boats that employ up to 230 people.
Now Briceño has a desk at the office where she helps the fishermen with paperwork, permitting and legal questions while coordinating a growing list of contracts as the cooperative begins to spend big money.
Negotiations are underway for the cooperative to purchase a major local seafood buyer, Miller’s Seafood, along with its boats, dock space, processing operations and supply contracts for about $2 million.
“I hope they help carry it on,” said Curtis Miller, 63, the owner of Miller’s Seafood, which was founded by his uncle in the 1960s. “I would like to see them be able to succeed.”
Many of the cooperative members have worked for Miller’s Seafood during the last 40 years, he said. The company handles almost entirely oysters now and provides them wholesale to restaurants on the East Coast, Florida and in Texas.
The cooperative has also leased 60 acres of bay water from the Texas Parks and Wildlife Department to start the largest oyster farm in Texas, a relatively new practice here. FSC is now permitting the project with the Texas General Land Office and the U.S. Army Corps of Engineers.
“That might be the future of the industry,” said Miller. “It might be the next big thing.”
“It Can Be Revived”
At a recent meeting of the cooperative, the members discussed options for a $2.5 million purchase of more than 7,000 oyster cages to install on the new farm. They talked about plans to visit and study a working oyster farm. The cooperative is finalizing a marketing and distribution plan for the farmed oysters.
The project would give two acres to each oysterman to farm, and would finally do away with the frantic race to harvest the few available oyster areas before other boats do. Now, they’ll have a place of their own.
“To have our own farms, liberty to go to our own piece of water,” said Miguel Fierros, 44, a bearded, third-generation fisherman and father of three. “It’s a unique opportunity I don’t think we’ll ever get again.”
Briceño, the project coordinator, hopes that the practice of oyster farming will bring a new generation into the seafood industry here. Neither of her kids plan to make a living on the water like her father or grandfather, who always encouraged the family to find jobs with health insurance and retirement. Now her 21-year-old son works at Formosa, like many of his peers, as a crane operator.
Perhaps this cooperative, with its miraculous $20 million endowment, can realize the dream of a local fishing industry with dignified pay and benefits. If it goes well, Briceño said, maybe her grandkids will be fishermen someday.
“We’re going to get a younger crowd actually interested,” she said.
This project is just getting started. Most of their money still remains to be spent, and the fishermen have many ideas. They would like to buy a boat repair business to service their fleet, as well as a net workshop, and to open more oyster farms.
For Wilson, now an internationally recognized environmental advocate, this all just proves how much can be accomplished by a stubborn country woman with volunteer helpers and non-profit lawyers. Ultimately, she hopes these projects will help rebuild a fishing community and bring back the fishermen’s way of life.
For now, the program is only getting started.
“It can be revived,” Wilson said. “There is a lot of money left.”
Once upon a timeless . . . the non-human Light-Beings of the Sun cast their rays like life-giving nets upon the waters and the lands of the Earth . . . and all beings stirred awake to do the day’s work (and play) . . . until the nighttimeless when all beings rested and then the stars would guide their dreams . . .
(“Buddha Resisting The Demons Of Mara”)
In the actual living-experience, there is no “happily ever after” because there is constant work and maintenance to do. While work and maintenance can sometimes be enjoyable, they aren’t end-of-rainbow-pot-of-gold ideal. Yet many people cling to the idea of such gold, of ‘making it big.’ And many cling to infantile delusions of a constant comfort zone.
Zen saying: Before enlightenment: chop wood, carry water; after enlightenment: chop wood, carry water.
In general, i’ve noticed that many people have an aversion to talking about or dealing with extremely difficult situations of which for this essay i’ll call such extremities, The Monster. The difficulty is understandable because The Monster is unpleasant and pokes at one’s trauma buttons.
The Merchants of Veneer refers to those who go to extremes to cover-up The Monster. The Monster is genocide, ecocide, deliberately induced fear and terror, violence and greed, all of which i consider as horrid manifestations of what Steven Newcomb refers to as “the domination system,” and what many know of as colonialism, predatory capitalism, totalitarianism, fascism, ad nauseam.
MONSTER: from Latin monstrum — inauspicious portent or sign, abnormal shape, “a derivative of monere ‘to remind, bring to (one’s) recollection, tell (of); admonish, advise, warn, instruct, teach.’”
Teachers and elders “advise, warn, instruct” peers and younger generations with ways to avoid monsters; forewarned is forearmed, and weaponry is not a necessity.
Also, one can figure out stuff on one’s own because typically there are signs or warnings before The Monster does dastardly deeds. I think of those signs and warnings as a pattern of mercy built into the universe.
When not heeded, however, and instead allowed to run amok, monstrums (abnormal shapes and signs) can take on a form — anything from falling down and hurting one’s self, to an addiction, to a river-polluting corporation, a brainwashing media, a flagrantly offensive military force, so-called green/renewables saving the world, AI, genocide, ecocide, and more.
Many of the modern monsters appear as the proverbial wolf in sheep’s clothing. Whether a fancy-car-driving televangelist, a clown pedophile, or a corporation that holds charity events with one hand while destroying natural habitats and cultures with the other — the concept is the same.
Many signs in the world continue to go unheeded, and so: many monsters need to be dealt with.
The deeper root of “monster” is men- “to think, mind, spirit, memory, sage, seer,” indicating that, as mentioned above, one has the ability to ward off monsters, to think ahead, to care for the mind and spirit of all beings.
But our Mother Earth knows that The Monster is running amok and, as Leonard Cohen sang, “Everybody knows that the boat is leaking / Everybody knows that the captain lied… / And everybody knows that it’s now or never” . . . Yet the big question then is: Why do so many choose to ignore?
Enter the Merchants of Veneer and their willing and ignorant minions. Those Merchants are masters of the slick surface level, from the looks real faux wooden cabinet to the media spectacle previews condoning and cheering on the War on Iraq and the Global War Of Terror, while conversely, not tainting the shine by not showing the genocide in Gaza. The Merchants of Veneer shine the shit-show to delusory perfection, and so slickly that masses of people go along with the bumpy ride by ordering an environmentally friendly seat belt rather than finding ways of smoothing the rode.
The Merchants of Veneer are the Public Relations division for The Monster. The PR includes the corporate media, global banking systems, consumerism, enforced religions, revisionist history and cherry-picked educational systems, and governments in bed with corporations aka fascism.
When telling people some tidbit i know, some of the history of America and Turtle Island, i’ve often heard people say to the effect, ‘It’s terrible what was done to the Natives.’ Yes, but then when i add that it’s still going on and cite a specific issue, they may shake their head in disgust, but don’t seem to find it as terrible NOW. ‘Why?’ I’ve asked the air, ‘Why do they avoid and turn away?’
And the answer i get is the impetus for this essay . . . Not wanting to face The Monster, not wanting to make sacrifices with one’s comfort zone which is actually a comfort zone built on the discomforts of others, those who do the work and maintenance with no chance of a pot of gold rather lucky if they get a next meal.
“Every program of exploitation has an ideology bolted on to legitimate it to the world — but also to those benefitting: very few people want to look in the mirror and see a monster staring back.”
~ Matt Kennard, from his book The Racket: A Rogue Reporter Vs The American Empire.
Wake-up Call
The Buddha’s typical subtly serene smile is not one of “happily ever after. My interpretation from experience is that, in part, that serene smile has to do with maintaining one’s inner state of consciousness whether during good times or when facing The Monster.
Many years ago i had a transformative meditation experience, but the details escape me so i’ll attempt to convey the gist: One time meditating i began to see horrible, scary stuff, like scenes of a war. At first i thought: Is this my mind? What i have done? But then i realized i was simply supposed to watch, to witness, be brave enough to witness without flinching or running away, maintain my composure – subtly serene Buddha smile optional – and to allow space for whatever feelings that arose. This inner experience helped me learn to face The Monster, rather than turn a blind eye.
As the story of Siddhartha Gautama the Buddha tells:
Before becoming a Buddha, he saw Four Sights or Signs: aging, disease, death, and devotion to finding the cause of suffering, devotion to participating in the world rather than escaping from it.
And after he became enlightened he began to do the work of dealing with monstrums: “to remind, bring to (one’s) recollection, tell (of); admonish, advise, warn, instruct, teach” in an effort to help others to avoid or deal with The Monster.
(“his hands in the dharmachakra mudra gesture of teaching”)
As the story goes, before Siddhartha Gautama became the Buddha, the demon Mara tried to seduce him with beautiful women, then attacked him with monsters, then questioned the validity of his enlightenment.
“Then Siddhartha reached out his right hand to touch the earth, and the earth itself spoke: ‘I bear you witness!’ Mara disappeared. And as the morning star rose in the sky, Siddhartha Gautama realized enlightenment and became a Buddha.”
Each of us has the ability to touch Earth, not only with hands, but with the feet and heart and mind, and actions.
Each of us has the ability to be touched — how much better a mood i have when my day begins with seeing and hearing geese flying overhead.
Since the word “Buddha” means “awakened, to awaken to the natural law,” the Buddha-nature is not of any one individual rather a way of seeing, of being, of living in accord with Sun and Stars and all sentient beings here with Mother Earth. This Buddha-nature is beyond any box of religion and beyond any specific label of spirituality.
We as a species, as well as all species, are faced with a dual dilemma: stopping The Monster that is already in action, already running amok yet pretending with a slick veneer that everything is under control and things will get better soon. And warding off The Monster that is clamoring to get in on the destructive, sucking the life out of life action.
Instead of overreacting to The Monster and counteracting with violence, fear or greed, the experience of witnessing allows for the possibility of one’s inner nature and/or Earth guiding the next step.
Mankh (Walter E. Harris III) is a writer and small press publisher; he travels a holistic mystic Kaballah-rooted pathway staying in touch with Turtle Island. Mankh meditates, gardens, enjoys music and good humor.
SITIO DALICNO, Philippines — Domeng Laita, 64, stands on a mountain ledge outside his home, looking down with worry on his face. Below him stands the embankment of the San Roque dam, stretching more than a kilometer (0.6 miles) along the Agno River. In 2012, a spill from a gold mine upstream sent millions of tons of waste into the river system. With a looming increase in mining activity, Laita says he dreads a repeat of the incident.
Laita looks back at his home, casting another shrug then grinding his teeth. More mining means the old tunnels under his house will likely deepen. He tries not to think about the ground swallowing up his entire family.
“There will be digging underneath. My house could fall into the softened ground. When the mining starts again, there’s no telling how bad it will hurt the land,” he says, walking along the mountain ridge.
It wouldn’t be the first time that a mining disaster hit the town. Laita lives in Sitio Dalicno, part of Ampucao village inside the municipality of Itogon in Benguet province, in the northern Philippines. Dubbed a “gold haven” for its massive deposits of the precious metal, the region has drawn miners to the mountains for centuries.
The town is part of the northern Cordillera range in the Philippines, known for its resource-rich mountains and the Igorot, the region’s majority Indigenous population.
The municipality of Itogon in Benguet province, in the northern Philippines has been dubbed a “gold haven” for its massive deposits of the precious metal. Image by Michael Beltran for Mongabay.
Laita, like most Dalicno residents, has been a small-scale miner all his life, using hand tools to dig small tunnels along the slopes of the mountain and extract ore. These methods have supported his family’s modest life along the village slopes. And like many of his neighbors, Laita says he feels powerless to stop the government from brokering new industrial mining permits on Indigenous soil.
In 2023, the National Commission on Indigenous Peoples (NCIP) concluded talks with Itogon locals to obtain their free, prior and informed consent (FPIC), a requirement for state agencies to allow mining operations on ancestral lands.
These talks first began in 2012 when Itogon-Suyoc Resources Inc. (ISRI), one of the Philippines’ oldest mining firms, initiated its application for production sharing agreement, or APSA 103, to mine 581 hectares (1,426 acres) of Itogon land covering nearly the whole of Dalicno.
If finalized, the agreement would allow ISRI access to 22 million tons of gold-bearing ore for the next 25 years.
Talks proceeded haltingly, gaining momentum in 2018 with a series of community consultations.
Itogon communities initially rejected APSA 103 in 2022. ISRI responded with a motion for reconsideration early in 2023, entailing another round of consultations.
In September 2023, the company finalized an agreement with Indigenous representatives and the NCIP. However, many in Dalicno, where most of ISRI’s operations will take place, question the FPIC process, alleging it was railroaded in ISRI’s favor — a claim both ISRI and the local NCIP branch reject.
To approve APSA 103, the Philippines’ Department of Environment and Natural Resources requires a final signoff from the NCIP called a certification precondition. While this is pending, Dalicno residents are pressing the government to scrap the project altogether.
On the doors of many of Dalicno’s cliffside homes hang signs saying “No to APSA! Save our water sources, built-up areas, people, future!” On the highway to Dalicno hang hand-painted banners that read “Save Dalicno! No to APSA!”
Signs opposing ISRI’s mining plans, such as this one outside a small-scale mining facility, dot the town of Dalicno in the northern Philippines. Image by Michael Beltran for Mongabay.
“Itogon has seen so many lapses with mining, we don’t trust the companies,” says Allan Sabaiano, head of the Dalicno Indigenous Peoples Organization (DIPO), formed in January this year with the goal of overturning the initial agreement. ”They’ve compromised our water sources, and ISRI is coming back to take the rest. They did it by ignoring the voice of Dalicno’s people.”
Fearing the loss of drinkable water from a nearby spring, restricted access to the designated mining areas, and the continued plunder of their ancestral resources, DIPO has been lobbying to cancel APSA 103.
“So many ‘good-intentioned’ companies have mined here,” Dalicno elder Cristeta Caytap tells Mongabay. “But where are the schools and the hospitals? Yes they’ve given some financial assistance on occasion, but we remain underdeveloped while they line their pockets with gold. And now here they come again.”
Eric Andal, ISRI’s resident manager, says the no-mining zones, including residential areas, will be off-limits to the company’s operations. While conceding that large-scale mining has caused some environmental damage, Andal tells Mongabay that “we mitigate our impacts.”
If anything, he adds, it’s the community-driven “small-scale mining which has more of a degrading impact, because it is unregulated with so many working that way,” He says, “They themselves mine underneath their houses. If something collapses, it’s their doing.”
‘Nobody informed me about it’
In September 2023, weeks after the agreement was signed, DIPO filed a petition at the NCIP’s regional office to nullify it, citing irregularities in the consultation process.
According to DIPO, most residents were kept in the dark about the motion. Elder Juanito Erciba, who represented Dalicno at most FPIC talks up until 2022, says he was one of them. “When we said ‘No to APSA’ in 2022, I thought that was the end of it. I never knew about any motion for reconsideration. I just found out there was a signed agreement that nobody informed me about,” Erciba says.
He adds that Jimmy Lumbag, the man who suddenly replaced him, was never affirmed through a community decision, thereby making his participation in the FPIC illegitimate.
“It hurts, upsets my stomach. Is it because I’m just a poor man that I was overlooked? But the community appointed me,” Erciba says.
Small scale mines like this one support the modest lives of many villagers in Itogon. Image by Michael Beltran for Mongabay.
In January 2024, the NCIP dismissed the DIPO petition, deeming it without merit.
According to NCIP community development officer Abeline Cirilo, consensus was achieved with the cooperation of the municipal Indigenous group Itogon Indigenous People’s Organization (IIPO). IIPO, which unlike DIPO is recognized by the NCIP, represented the entire municipality when it came to allowing ISRI entry. The matter was then put to a vote by secret ballot, Cirilo says.
“The outcome registered a yes to the operations while declaring the Dalicno homes and water source a ‘no-mining zone,’” he says.
Rosita Bargaso, the IIPO chair, hails from Itogon’s Gumatdang village, not among the localities that would be directly affected by APSA 103. She refutes DIPO’s claims, telling Mongabay that Dalicno elders were informed but uninterested in the latter part of the consensus building. She adds that they suddenly protested after the agreement was already signed.
Bargaso says Dalicno elders like Erciba oppose APSA 103 because of their “self-interest.” She says the proposed operations would help all of Itogon: “ISRI will permit them to gold mine on its site, [and offer] a chance to work for the company and access to company-owned water sources. The problem is they want all of it for themselves.”
In September 2023, IIPO released a resolution to support APSA 103 and “deny the allegations of alleged irregularities in the conduct of the FPIC.”
Andal seconds this assertion, dismissing DIPO as a “small group making a lot of noise to appear like there are many.” He adds that the support it has generated is because it has reached out to “leftist groups.”
“It was a desperate move on their part,” Andal says. “They can’t convince others anymore so they called on outsiders to help.”
Dalicno elder Cristeta Caytap says she fears industrial-scale mining will contaminate the local water supply. Image by Michael Beltran for Mongabay.
Cirilo also says community voices weren’t ignored. When asked about DIPO’s allegations, including the unceremonious replacement of Erciba, he says that “if that did happen, hopefully it won’t affect the consent given through the voting. We can correct the names on the [agreement], but it cannot undo the outcome.”
DIPO head Sabaiano and many other residents say Dalicno was left out of the vote, rejecting the idea that the outcome represented a “consensus.” He also says IIPO failed Dalicno by “bypassing and excluding its people.”
“Neither the document nor the company has told us what kind of method ISRI will use. They could be ready to crack open the mountain,” he says.
Caytap also voiced her distrust over the “no-mining zone” disclaimer, saying underground digging is usually goes unchecked, causing irreparable and untold damage despite the surface looking untouched. “Mining affects everything,” she says, adding she expecting the tailings to eventually contaminate their spring water.
DIPO has since appealed to the NCIP’s central office, which is currently reviewing the matter.
Meanwhile, the regional office of the environment department’s Mines and Geosciences Bureau confirmed to Mongabay that approval for APSA 103 is on hold pending issuance of a certification precondition from the NCIP. The document is issued when a review by the central office has judged the process of acquiring community consent has complied with the proper guidelines.
So far, the NCIP’s central office has rejected the report its local branch submitted on the FPIC process for the mine because it lacks photographs, minutes, or attendance sheets proving that community assemblies, a key component of FPIC consultations, actually took place.
“We lacked the necessary documentation,” Cirilo says. “We did conduct two assemblies, but there were no pictures, an incomplete report, and we have yet to submit it.”
If that means a delay to issuing the certification precondition, Cirilo says the environment department could grant a one-year special gold mining permit, which only needs approval from municipal officials, forgoing Indigenous consent.
Allan Sabaiano, head of the Dalicno Indigenous Peoples Organization (DIPO), in striped shirt, with a map of mining in Itogon municipality. Image by Michael Beltran for Mongabay.
After the old gold rush
Large-scale mining here began during the U.S. occupation of the Philippines, with the first colonial mine opening in 1903. Since then, firms like ISRI have followed, amassing free patents and leases that continue today.
Lulu Gimenez, a seasoned Itogon community organizer and historian, has worked with groups like the Mining Communities Development Center and the Cordillera People’s Alliance. She says complaints against mines have piled up over the past century. “Communities complained of erosion, ground subsidence, and worsening conditions of water supply, but mining companies appeased them with monetary compensation for poisoned cattle.”
In the 1990s, the tensions erupted, with Itogon locals mounting barricades against the intrusion of heavy mining machinery.
Activists scored a big win against Australian mining firm Anvil in 2007. Anvil had struck a $2.12 million deal with ISRI for its mining rights, and planned to bore 20 holes, each 100 meters (330 feet) deep, for extraction. Locals protested, arguing that Anvil would puncture and drain a water table beneath a vein of ore, and successfully stopped the project.
Itogon residents cite the same fears about ISRI’s latest prospects.
More recent disasters attributed by Itogon locals to mining-related activity have also refreshed long-standing concerns about mining safety. In 2015, a sinkhole swallowed up seven houses in the Itogon village of Virac, forcing the evacuation of 170 families. Then, in 2018, a landslide in Ucab village claimed the lives of 82 miners living in bunkhouses on land controlled by mining firms.
In 2015, APEX Mining Company, owned by the Philippines’ second-richest individual, Enrique Razon, acquired ISRI. In February this year, a landslide in an APEX mining concession the southern province of Davao de Oro province killed nearly 100 people and displaced thousands.
“Corporations have extracted too many minerals and profit from Itogon,” Gimenez says. “The destruction has been going on for over a century. It’s time they leave Itogon alone, let the land heal and let the people redevelop the resources.”
According to data from the Mines and Geosciences Bureau, Benguet province, where Itogon is located, is one of the most intensively mined areas in the Cordillera region. Fourteen of 30 APSAs in the region are in Benguet, as are seven out of the 11 approved mineral-sharing agreements.
Inside one of the many small-scale mining facilities that pepper the hills of Itogon province. Image by Michael Beltran for Mongabay.
Unwanted offer
As far as the mining bureau is concerned, ISRI has an impeccable record. In its 2022 Compliance Scorecard, used to measure how companies abide by safety, health, environmental and social development guidelines, ISRI notched a 94.35% rating.
“We see no problem, insofar as their compliance as a company,” says Alfredo Genetiano, chief engineer at the bureau. “The company conforms to our standards and hence we’ve given them a passing rate.”
The bureau lauded ISRI for its faithfulness to the Big Brother-Small Brother (BBSB) government initiative, where mining companies are obligated to allocate 1.5% of their expenses to community development and employ locals as contract miners. APEX told Mongabay that its BBSB commitment is aimed at reducing illegal, unsafe and unregulated small-scale mining.
ISRI also gave an additional 10 million pesos ($173,000) in goodwill funds to the communities upon the signing of the FPIC agreement last September.
However, Caytap remains skeptical, saying the cons severely outweigh the pros. “It limits the number of people who can mine,” she says. “Here, we go by traditional rules. Young ones, the elderly, anyone can work. And anyone with a bit more is obliged to share what they collect with the others, especially when times are tough. That’s how we’ve survived.”
Under the BBSB system, contract miners are hired in groups for short periods of time, and paid according to how much ore they extract, meaning earnings are highly variable.
ISRI’s Andal, who is also vice president for geology and exploration at APEX Mining, says their BBSB employment arrangements worked well for them in Davao, in the southern Philippines, and they’ve already replicated it with some 400 Itogon contract miners. Should APSA 103 be approved, he says, they could take on around 400 more locals.
While private operators shoulder all of their own costs, under BBSB, Andal says, contract miners only need to pay for their own food. “We provide the tools and buy the ore they extract,” he says.
While Dalicno elders describe small-scale mining as a community act, ISRI’s manager points to unregulated small-scale mining as a significant source of environmental degradation. Image by Michael Beltran for Mongabay.
Working eight-hour shifts, a group of around 20 contract gold miners can make up to 600,000 pesos ($10,400) a month if they’re productive, Andal says. Split evenly, that works out to 1,363 pesos ($23.60) per person per day. Andal says even less productive miners could make about 454 pesos ($7.90) a day, or slightly more than the daily minimum wage for the Cordillera region, which is 430 pesos ($7.45).
Local observers, however, question the touted benefits of BBSB and put the numbers much lower.
Jestone Dela Cruz has worked as a security guard at the Benguet Corporation, the oldest mining company in the Philippines, for nearly a decade, where he says he sees miners come and go, remaining poor. “A group of eight will probably get paid around 20,000 pesos [$347], that’s less than 3,000 pesos [$52] a month,” Dela Cruz says.
Sabaiano, who’s worked on ISRI sites in the past, also says the BBSB offer affords a typically low rate, with some gold miners taking home 7,000 pesos ($121) for two months’ worth of ore.
“How’s one supposed to survive like that? Plus other expenses like food and transportation are shouldered by the workers,” he says.
He also questions if the employment opportunities are even a good thing to begin with. ISRI will gain control over hundreds of hectares of mining land while employing fewer than 1,000 Itogon locals. Dalicno alone has a voting population of more than 2,000.
Caytap says she blames the mining firms for holding back the region’s economic development. “Our land is literally filled with gold. The country has first-class municipalities, we might have exceeded that without the mining firms. But somehow, we are left collecting money to fix our roads,” she says.
Community activists in Dalicno hold a banner protesting ISRI’s mining expansion plans. Image by Michael Beltran for Mongabay.
She adds, however, that she takes heart in the traditions and community spirit that sustain Dalicno and keep the memory of its history and struggle alive.
Local customs foster the collective. Everyday mining is a community act for young and old. During weddings or funerals, extraction is strictly prohibited out of respect for the family. When times are tough, each makes an offering to the deities and fairies to appease them.
For the first time in a long time, APSA 103 threatens to divide the commonly united Dalicno. But Caytap says she hasn’t lost faith, that in times of loss, their traditions beckon stronger. “We band together,” she says.
Editor’s Note: The Earth wants to live. And she wants us to stop destroying her. It is a simple answer, but one with many complex processes. How do we get there? Shall I leave my attachments with the industrial world and being off-the-grid living, like we were supposed to? Will that help Earth?
Yes, we need to leave this way of life and live more sustainably. But what the Earth needs is more than that. It is not one person who should give up on this industrial way of life, rather it is the entire industrial civilization that should stop existing. This requires a massive cultural shift from this globalized culture to a more localized one. In this article, Katie Singer explores the harms of this globalized system and a need to shift to a more local one. You can find her at katiesinger@substack.com
Last Fall, I took an online course with the philosopher Bayo Akomolafe to explore creativity and reverence while we collapse. He called the course We Will Dance with Mountains, and I loved it. I loved the warm welcome and libations given by elders at each meeting’s start. I loved discussing juicy questions with people from different continents in the breakout rooms. I loved the phenomenal music, the celebration of differently-abled thinking, the idea of Blackness as a creative way of being. When people shared tears about the 75+-year-old Palestinian-Israeli conflict, I felt humanly connected.
By engaging about 500 mountain dancers from a half dozen continents, the ten-session course displayed technology’s wonders.
I could not delete my awareness that online conferencing starts with a global super-factory that ravages the Earth. It extracts petroleum coke from places like the Tar Sands to smelt quartz gravel for every computer’s silicon transistors. It uses fossil fuels to power smelters and refineries. It takes water from farmers to make transistors electrically conductive. Its copper and nickel mining generates toxic tailings. Its ships (that transport computers’ raw materials to assembly plants and final products to consumers) guzzle ocean-polluting bunker fuel.
Doing anything online requires access networks that consume energy during manufacturing and operation. Wireless ones transmit electro-magnetic radiation 24/7.
More than a decade before AI put data demands on steroids, Greenpeace calculated that if data storage centers were a country, they’d rank fifth in use of energy.
Then, dumpsites (in Africa, in India) fill with dead-and-hazardous computers and batteries. To buy schooling, children scour them for copper wires.
Bayo says, “in order to find your way, you must lose it.”
Call me lost. I want to reduce my digital footprint.
A local dancer volunteered to organize an in-person meeting for New Mexicans. She invited us to consider the question, “What does the land want from me?”
Such a worthwhile question.
It stymied me.
I’ve lived in New Mexico 33 years. When new technologies like wireless Internet access in schools, 5G cell sites on public rights-of-way, smart meters or an 800-acre solar facility with 39 flammable batteries (each 40 feet long), I’ve advocated for professional engineering due diligence to ensure fire safety, traffic safety and reduced impacts to wildlife and public health. I’ve attended more judicial hearings, city council meetings and state public regulatory cases and written more letters to the editor than I can count.
In nearly every case, my efforts have failed. I’ve seen the National Environmental Protection Act disregarded. I’ve seen Section 704 of the 1996 Telecom Act applied. (It prohibits legislators faced with a permit application for transmitting cellular antennas from considering the antennas’ environmental or public health impacts.) Corporate aims have prevailed. New tech has gone up.
What does this land want from me?
The late ecological economist Herman Daly said, “Don’t take from the Earth faster than it can replenish; don’t waste faster than it can absorb.” Alas, it’s not possible to email, watch a video, drive a car, run a fridge—or attend an online conference—and abide by these principles. While we ravage the Earth for unsustainable technologies, we also lose know-how about growing and preserving food, communicating, educating, providing health care, banking and traveling with limited electricity and web access. (Given what solar PVs, industrial wind, batteries and e-vehicles take from the Earth to manufacture, operate and discard, we cannot rightly call them sustainable.)
What does the land want from me?
If I want accurate answers to this question, I need first to know what I take from the land. Because my tools are made with internationally-mined-and-processed materials, I need to know what they demand not just from New Mexico, but also from the Democratic Republic of Congo, from Chile, China, the Tar Sands, the deep sea and the sky.
Once soil or water or living creatures have PFAS in them, for example, the chemicals will stay there forever. Once a child has been buried alive while mining for cobalt, they’re dead. Once corporations mine lithium in an ecosystem that took thousands of years to form, on land with sacred burial grounds, it cannot be restored.
One hundred years ago, Rudolf Steiner observed that because flicking a switch can light a room (and the wiring remains invisible), people would eventually lose the need to think.
Indeed, technologies have outpaced our awareness of how they’re made and how they work. Technologies have outpaced our regulations for safety, environmental health and public health.
Calling for awareness of tech’s consequences—and calling for limits—have become unwelcome.
In the last session of We Will Dance with Mountains, a host invited us to share what we’d not had a chance to discuss. AI put me in a breakout room with another New Mexican. I said that we’ve not discussed how our online conferences ravage the Earth. I said that I don’t know how to share this info creatively or playfully. I want to transition—not toward online living and “renewables” (a marketing term for goods that use fossil fuels, water and plenty of mining for their manufacture and operation and discard)—but toward local food, local health care, local school curricula, local banking, local manufacturing, local community.
I also don’t want to lose my international connections.
Bayo Akomolafe says he’s learning to live “with confusion and make do with partial answers.”
My New Mexican friend aptly called what I know a burden. When he encouraged me to say more, I wrote this piece.
What does the land want from us? Does the Earth want federal agencies to create and monitor regulations that decrease our digital footprint? Does the Earth want users aware of the petroleum coke, wood, nickel, tin, gold, copper and water that every computer requires—or does it want these things invisible?
Does the Earth want us to decrease mining, manufacturing, consumption—and dependence on international corporations? Does it want children to dream that we live in a world with no limits—or to learn how to limit web access?
The municipality of Itogon in Benguet province, in the northern Philippines has been dubbed a “gold haven” for its massive deposits of the precious metal. Image by Michael Beltran for Mongabay.
Signs opposing ISRI’s mining plans, such as this one outside a small-scale mining facility, dot the town of Dalicno in the northern Philippines. Image by Michael Beltran for Mongabay.
Small scale mines like this one support the modest lives of many villagers in Itogon. Image by Michael Beltran for Mongabay.
Dalicno elder Cristeta Caytap says she fears industrial-scale mining will contaminate the local water supply. Image by Michael Beltran for Mongabay.
Allan Sabaiano, head of the Dalicno Indigenous Peoples Organization (DIPO), in striped shirt, with a map of mining in Itogon municipality. Image by Michael Beltran for Mongabay.
Inside one of the many small-scale mining facilities that pepper the hills of Itogon province. Image by Michael Beltran for Mongabay.
While Dalicno elders describe small-scale mining as a community act, ISRI’s manager points to unregulated small-scale mining as a significant source of environmental degradation. Image by Michael Beltran for Mongabay.
Community activists in Dalicno hold a banner protesting ISRI’s mining expansion plans. Image by Michael Beltran for Mongabay.