An Indonesian court has acquitted six villagers on the island of Bangka in a criminal case widely seen as an attempt to silence them by a company accused of polluting their village.
Experts say the court ruling sets a precedent for future cases where environmental defenders are being censored, intimated and silenced through so-called SLAPP (strategic lawsuit against public participation) litigation.
The villagers have since 2017 been fighting against a tapioca company, PT Bangka Asindo Agri, that operates near their community and produces waste that emits a pungent stench.
The environment ministry has launched an investigation into the case and filed its own lawsuit against the company for unpermitted pollution; the company denies the charge and has lobbied parliament to intervene with the ministry to drop the case.
JAKARTA — A court in Indonesia has acquitted six villagers in a dispute against a tapioca factory, ruling that the criminal charges, allegedly brought at the behest of the company, were frivolous and could not be used to silence criticism of environmental violations.
Experts have hailed the ruling as unprecedented, as it marks the first time in Indonesia’s legal history in which a court has thrown out litigation considered a form of “strategic lawsuit against public participation” or SLAPP.
SLAPP typically describes any kind of litigation with little to no merit that’s brought with the aim of censoring, intimidating or silencing critics speaking out against those in power or on issues of public interest.
This particular case revolves around a conflict between villagers on Bangka Island, off the southeast coast of Sumatra, and a tapioca flour mill operated by PT Bangka Asindo Agri (BAA).
Since the company began operating in 2017, residents of the village of Kenanga have complained about the pungent stench coming from the waste churned out by the nearby mill. Heti Rukmana, 29, whose house is 700 meters, or less than half a mile, from the factory, said the smell was so foul and intense that she had trouble breathing.
“Whenever the rotten stench comes, I feel nauseous and want to throw up,” she told Mongabay. “My first child had a problem in her lungs when she was born. So whenever there’s a foul smell, I take my daughter to her room and close the door. I’m scared that she’ll suffocate.”
After repeatedly failing to get the company to address the issue, the villagers prepared to bring a class-action lawsuit in May 2020. Spearheading that move were six villagers, including Heti, who served as neighborhood unit chiefs at the time.
In June 2020, the six villagers were reported by a local to the police for organizing a meeting to discuss the plan, on the grounds that they were no longer serving as neighborhood unit heads by then.
Prosecutors then brought the case to a district court in Sungailiat, the Bangka district seat, charging the villagers with impersonating officials.
Lawyers representing the villagers tried to get the court to dismiss the case by arguing that the organizing of the meeting was an act to defend the residents’ rights to clean air and a healthy environment. This right is enshrined in the 2009 Environmental Protection and Management Law, which states that no criminal charges may be brought against anyone for campaigning for their right to a clean environment. The article is commonly referred as an anti-SLAPP measure to thwart malicious lawsuits.
Nevertheless, the court proceeded to rule the six villagers guilty of the impersonation charge, arguing that their crime wasn’t related to the residents’ fight for a clean environment. The court sentenced them to a month in prison, prompting them to file an appeal with the provincial high court.
At the high court, the judges agreed with the villagers, saying their right to fight for a clean environment is protected under the 2009 environmental protection law and thus they can’t face criminal charges for exercising that right. The high court subsequently overturned the district court’s ruling, acquitting Heti and the five other former neighborhood unit chiefs.
“The defendants’ actions were merely to give the public [an opportunity to] participate in the public interest on the effect of pollution in the form of smell caused by the production activities of PT BAA,” the high court judges said in their verdict.
Monumental
The legal victory for the six villagers is monumental as it is the first time an Indonesian court has ruled in favor of environmental defenders by using the anti-SLAPP article in a criminal case.
But the case should never have gotten as far as the high court, and the villagers should never have been jailed in the first place if police investigators and prosecutors had acknowledged early on that the charges were malicious and frivolous, according to the Indonesian Center for Environmental Law (ICEL), an NGO.
As such, this verdict should serve as a stepping stone toward better protection for communities and activities against SLAPP, ICEL executive director Raynaldo Sembiring said. A stand-alone regulation and law would provide that stronger protection, he added.
“The anti-SLAPP mechanism is not strong yet because we don’t have regulations or policies that could be implemented, except for the anti-SLAPP article [in the 2009 environmental protection law],” Raynaldo said. “So we could start discussing the opportunity to have an anti-SLAPP law.”
Such a law would provide a stronger guarantee for public participation, protection and remedy, and clearer authority for law enforcers to stop SLAPP cases as early as possible.
But the prospects of passing such a law are weak, given parliament’s track record of stalling legislation aimed at protecting public interests, versus its zeal for fast-tracking controversial bills aimed at environmental deregulation in favor of business interests.
“Therefore, we hope that the government could draft an implementing regulation for the anti-SLAPP article as soon as possible, possibly in the form of a ministerial regulation,” Raynaldo said.
However, even without having stand-alone regulations in place, law enforcers are actually able to stop SLAPP cases before they go to court, since a mechanism to end investigations and prosecutions already exists in the country’s Criminal Code.
“This is also an important moment for investigators to coordinate with ministers, the Attorney General’s Office and the police,” Raynaldo said. “These institutions can build communication and stop [SLAPP] cases as early as possible.
“In the past, it might have been difficult because there were no rulings that used the anti-SLAPP article,” he added. “That’s why this ruling should be a stepping stone to be replicated [in future cases].”
Irregularities
Muhnur Satyaprabu, a lawyer for the six Kenanga villagers, said the district court’s guilty verdict is an example of how local communities are fighting an uphill battle against polluters and law enforcers who often side with corporate interests.
He said there were irregularities throughout the legal process, with the lawyers denied the right to present supplemental evidence, on the grounds that the new evidence hadn’t been entered into the court dossier. Yet the district court judges allowed prosecutors to present additional witnesses who also were not listed in the dossier.
Muhnur also pointed to irregularities in how the police dealt with the case, particularly the detention of the six villagers: Heti was two months pregnant at the time, and another of the villagers was recovering from a stroke.
Heti said she was placed in a cell block with 39 male inmates. After eight days in the police’s detention center, the six villagers were transferred to a larger prison, where they spent another 14 days.
During her time there, Heti said she asked the warden whether she could spend time outdoor to get some sunshine for the health of her fetus.
“But I wasn’t allowed,” she said. “So [I spent] 18 days in a closed room, with no sunlight at all. I slept on a tiled floor with no mat.”
Heti said the villagers were also intimidated during their time in prison to dismiss their lawyers — something that Heti vehemently opposed. She added didn’t feel scared because she knew she hadn’t done anything wrong.
“But I did miss my family because I have a 2-year-old daughter,” she said. “And I felt disappointed because the person who reported us [to the police] was our own neighbor, instead of the company. So we’re being pitted against each other [by the company].”
Heti said she believed BAA was be behind the lawsuit, regardless of the fact that it was her neighbor who reported them to the police. For one thing, she said, when police were interrogating them, one of the investigators said they could be released if they just apologized to the company.
“The police officer himself said, ‘You disturbed the company, you disturbed people with money. If you want this case to end, go ahead and apologize to the company,’” Heti said.
She said she was also approached by police and state security officers three times prior to being reported to the police. On each occasion, she said, they told her to stop speaking out against BAA. They offered her 50 million rupiah ($3,500) and a used car in exchange for her silence, Heti added.
She said there was no way she would sell out her village for an old car.
“I just wanted the waste to stop [polluting my village],” Heti said.
BAA has denied allegations that it was behind the lawsuit.
“We see that there’s an effort to link this [case] with PT BAA,” the company’s lawyer, Arifin Joshua Sitorus, said during a hearing before parliament on April 7. “But actually there’s no connection between the case and PT BAA.”
Muhnur said all the irregularities highlighted in the case point to abuses of power, and therefore strengthen suspicions that the villagers are being criminalized for standing up against the company.
“The lesson here is that abuse of power at the local level is rampant, especially when it comes to environmental defenders,” he said. “They’re very prone to criminalization. Their protection is not strong because the media and the civil society are not strong enough.”
Investigation
Arifin, however, said it was BAA that was the victim of criminalization in this case, since the environment ministry filed a lawsuit in March against the company for unpermitted pollution.
He said the lawsuit should have been a last legal resort, after other forms of punishment, such as administrative sanctions.
“[But the ministry] had never given [BAA] administrative sanctions [before the lawsuit], and law enforcement suddenly came out of nowhere,” Arifin said. “This is what we perceive as an effort to criminalize [BAA].”
The environment ministry’s law enforcement chief, Rasio Ridho Sani, said the government was entitled to file a lawsuit against a polluter if their activities had caused an impact, as in the case of BAA.
Arifin denied that BAA had polluted the environment, saying the company has the best wastewater management system of the five tapioca factories operating in Bangka. Firdianto, BAA’s owner and president, said the factory’s operations had indeed produced a pungent smell in the first two years, but that subsequent treatment of the liquid waste had put an end to the smell.
“[In] 2019, [the smell] was practically completely gone,” Firdianto said at April’s parliamentary hearing. “All of our waste has met [regulatory] standards.”
Heti, though, said the smell is still there, even though it comes and goes depending on the direction of the wind, and is not as intense as when the factory started operating.
The environment ministry also found during its investigation in 2020 that the level of methanethiol — a colorless, flammable gas with the distinctly putrid odor of rotten eggs — produced by the factory exceeded regulatory limits.
Darori Wonodipuro, a lawmaker from the Gerindra party who paid an impromptu visit to the factory in November 2020, said the smell was so strong that he could barely stand it.
“Ten minutes [there] and we were already asking to go home because [we] couldn’t stand the smell,” he said during the hearing with the BAA representatives.
Arifin, the company’s lawyer, called on parliament to intervene and stop the environment ministry’s investigation, which he called “thick with arrogance.”
Darori said parliament should not interfere with the ministry’s legal efforts, adding the case should be settled in court.
This is not the first time BAA has sought protection against the environment ministry’s probe and lawsuit. Rasio, the ministry’s enforcement head, said BAA has been resisting efforts to investigate the factory’s operations. He said the company had failed to make officials available for questioning whenever the ministry summoned them.
Instead of cooperating in the investigation, the company sent letters in May 2020 to various government institutions, including the president, the state intelligence agency, the police and the Attorney General’s Office, accusing the environment ministry of criminalizing BAA, according to Rasio.
And the company also refused to sign the minutes drawn up by the ministry after inspectors had conducted a field investigation, he added.
“We have handled so many cases, thousands of them, but this resistance by PT BAA is not right,” Rasio said. “They should just explain the matter to us.”
Rasio added the ministry would proceed with its case despite the company’s belligerence.
Heti said the Kenanga villagers would also continue with their fight, even though some of them are still fearful of ending up in jail.
“We won’t back off. I myself am still posting news [about the smell] on social media,” she said. “People should realize that this company is not right. Instead of working on its waste [management], we were pitted against each other and against law enforcers. So we have to fight.”
Editor’s note: While this article could have been written about any extractive industry, it has focused on offshore wind turbine farms. These destructive projects should require at least as much scrutiny as an offshore oil rig, but they are not. Because in the name of climate mitigation, they are rushed through without consideration for the damage they will cause, or even their effectiveness in serving this purpose and need for existence. Which is usually just based only on government mandates. And this is all done in the name of Big Environmentalism. DGR does not believe the Bright Green Lies of mainstream environmental NGOs.
People who believe that offshore wind turbines can help solve climate change are misinformed. Because the facts are that they will not. Even the companies building them make no such claim. And thetruth, based on facts, will always trump belief. I am not a climate denier, but you don’t have to be a climate denier to know that these things are bad and aredoomed to failure. And you also don’t have to belinked to the fossil fuel industry, the same people that knew they were causing global warming and therefore threatening the very existence of the planet. Yet, in pursuit of profit, fossil fuel executives not only refused to publicly acknowledge what they had learned but, year after year, lied about the existential threat that climate change posed for our planet. “Renewable” energy projects should require just as must scrutiny from regulators and environmentalists as fossil fuel projects.
Truth be told, most rebuildable “renewable” energy extractive companies are also liars, and have ties tofossil fuel companies. In reality what is really going on is aboondoggle, that you won’t hear about in mainstream corporate media because they only givedisinformation. After years of rebuildable energy – solar and wind infrastructure – the world used more fossil fuels in 2023 than it did in 2022, as it did the year before that and the year before that. We are in fact using more fossil fuel than ever before. From61 thousand terawatts-hours of primary energy consumption in 1973, which was the year of the OPEC oil embargo, when governments began to massively support research and development of large wind turbines and solar panels, to 137 thousand today. This is well over twice as much. In that same period, emissions grew from 17 billion metric tons of CO2 emissions to the37 billion metric tons today. A 20 billion metric ton increase in the last 50 years. And after all of that, 80 percent of our energy use still comes from fossil fuels. Thepercent of US energy use from electricity has remained the same, about 20 percent. Of that, wind turbines account for 7 percent and solar energy provides 2 percent of total US electricity used. So the dream of a 100 percent electric power supply is just that, a dream.
Why? Because theseenergy intense extractive technologies require massive amounts of fossil fuels to produce and those emissions areadding onto what is already being used, not reducing it (Jevons paradox). Thus spewing more planet-heating carbon dioxide into the atmosphere at a time when greenhouse gas emissions world wide must nosedive to stop extreme weather from growing more unpredictable and violent. The only reason CO2 emission may drop in countries installing rebuildable extractive energy and electric vehicles is because they have outsourced the mining and manufacture of these machines to other countries, thus increasing the CO2 emissions in those countries. LNG has replaced dirty coal to run power plants. Add on to all of this, easy access resources are gone. So theEnergy Return On Investment (EROI) has gone down sharply in that time. Instead of Jeb shooting for some food, we have to use fracking and offshore drilling, mountaintop removal and deep sea mining. In the foreseeable future, the energy needed to produce our energy needs could approach unsustainable levels, a phenomenon called “energy cannibalism.”
If this continues, the so called “green” energy transition will in fact be an energy correction, complements of Mother Nature, bigger and more storms, flooding, fire, drought and biodiversity collapse. These are no longer natural disasters, instead these more powerful weather events are man made.
Nature is not more complicated than you think, it is more complicated than you CAN think” ~Frank Edwin Egler
Rebuildable extractive energy capturing machines arenot clean except through greenwashing and are only making ourpredicament worse. The trillions in government subsidies given to this sector only makes therich richer. The Inflation Reduction Act (IRA) should more appropriately be called the 4th Industrial Revolution Act. This is government redistribution of wealth from the working class to offshore transnational state sponsored corporations and the wealthy financial class, which are also principally owned by fossil fuel companies. Ultimately any money that is offered by them as payouts for grants, agreements, promotion or mitigation will come from the utilityratepayer. This is ascam that is notfinancially feasible without trillions in government subsidies. This is what their balance sheet looks like. What is done to the natural environment is even worse.
Wildlife and wind turbines are an uncomfortable mix. Rotating turbine blades can make short work of anyone or anything unlucky enough to collide with them, but direct mortality is only part of the story. Having reviewed the available evidence from around the world,biologists in Finland have found that 63 percent of bird species, 72 percent of bats and 67 percent of terrestrial mammals are displaced from areas where turbines are installed. The same holds true for offshore wind farms, to include fish and marine mammals. Wind turbines are an invasive species to functioning ecosystems that took millions of years to create. The building process is a war zone. The noise and devastation are a disaster to fragile ecosystem habitats. Consider how you would feel if these massive monsters were put up next to your house in your town. The oceans, from which we came, are the lungs of the planet. Life can not exist if the delicate balance is disrupted. These projects are doomed to failure in more ways than one.
True resilience and sustainability comes by thinking globally and acting locally. The land base that people live on should be able to, on its own, continually feed, clothe and house the people who live on it. It makes no sense to destroy the sustainable food provided by the ocean in order to keep the lights on. It is preferable to eat in the dark than to starve in the light. Also know that fish farms are in the same league as wind farms. It is an enclosure of the commons for corporate control of our food supply, what they call “The Blue Economy”.
How do we know that offshore wind will be a “pain” now and into the future forfishing, tourism, cultural heritage, beauty, integrity, stability, sustainability, ecological balance and quality of life? Millions of dollars are offered up to mitigate (bribe) it. Money would better be spent to mitigate the already abandon mines, fossil fuel wells and habitat degradation. This is where our good paying jobs should be working, to protect the planet. Life on the planet can be saved, a modern industrial lifestyle cannot.
Step 1. Create an effective advertising campaign for Your Destructive Offshore Wind Project
Use a name that has a certain historical, cultural, or environmental value for the communities. Change the name from Pilgrim and Mayflower(tone deaf) to South Coast Wind or Vineyard Wind(more like Graveyard). Call it “clean”, “green”, “renewable” energy that is the solution to climate change and save our lifestyle. With the right branding, people will drink any poison, pinwheels for everyone.
Step 2. Get the Local Government on Your Side
Pay off the local politicians to agree and hand out licenses. Tell them there is nothing they can do to stop it, so they should just get the best Good NeighborHost Agreement possible or get nothing.
Step 3. Lobby as Much as Possible to Bend the Law in Favor Offshore Wind
Create legal loopholes and tax credits for corporations, behind closed doors. Speed up the “permit” your destruction process. Buy-off federal and state politicians and corporate capture regulatory agencies. Nobody wants these in their backyard, let’s just put them out to sea.
Step 4. Presents! Buy Off Public Opinion
Build a new school, library(Carnegie) or sewer system. Or just offer money as compensation to do with as you wish. The major ENGOs have entered intoagreement with offshore wind: Natural Resources Defense Council, National Wildlife Federation, and Conservation Law Foundation andtaken money; Audubon Society, The Nature Conservancy, World Wildlife Fund, Environmental League of Mass., Sierra Club, etc. along with aquariums, universities and the media.
Step 5. Offer a Compromise
Let us destroy this land/sea here and we will protect some other land/sea. Or agree with us and we will let you have a say in how the destruction will occur. This project has to be done to stop climate change, we have to destroy the planet to save it. There must be sacrifice zones. Sorry that your home is being destroyed but don’t be a NIMBY(Not In My Backyard). Actually when respondents of national surveys begin to think about ideas of what rebuildable energy entails, such as offshore wind, their support often diminishes. There will be painful trade-offs, trying to preserve comfortable lives. Most of that pain will come from other species. But if we acknowledge that our modern industrial lifestyle is causing the end of life on the planet, we must say NOPE(Not On Planet Earth).
Step 6. Threats Are Effective Deterrents
If you file a law suit against this project, we will file a lawsuit against you, a SLAPP(Strategic Lawsuit Against Public Participation). Focus on the leaders of the struggle. Scaring people works. This smear tactic was conducted by the prestigious Ivy League College Brown against the opponents to offshore wind. Attack the messenger. In the global south, this is done literally. Real nice place you got here, it would be a sham if something bad happened to it.
Step 7. Create Chaos and Conflict; Divide the Community in Two Camps
Tout the temporary “good paying union” jobs you will create over the permanent sustainable jobs, fishing andtourism, destroyed forever. Destroying a food source never makes good sense. What is truly needed, at this time of ecological collapse, is food sovereignty. Where jobs are hard to come by this is called poverty pimping. Then don’t forget to accuse those opposed to offshore wind of promoting “disinformation“. Push it as a choice in political values, Republicans against Democrats. There is a backlash against “renewable” energy. It’s turned Democrats into Republicans.
Step 8. Having Wrought Havoc, Now Frame It as a Successful Story of Growth and Prosperity
Welcome to the great big beautiful tomorrow, shining at the end of every day. Technology has fixed the problem that it has created! Too bad it is a dystopian science fiction. No one willingly wants to destroy their environment. It is done because of the Golden Rule: Whoever has the gold, makes the rules! Not to mention that these companies have gotten out of paying most of the taxes required of multinationals. And avoid putting emphasis on the fact that the jobs are short term, while the environmental damage is forever.
If you would like to help stop The Blue Economy of offshore wind, see Green Oceans https://green-oceans.org/
FOR IMMEDIATE RELEASE
Contact:Ben Martin Steinreich Communications (212) 491–1600 bmartin@scompr.com
GREEN OCEANS LEADS35CO–PLAINTIFFSINLAWSUITALLEGINGU.S. AGENCIES ILLEGALLYAPPROVEDOFFSHORE WIND PROJECTS
LITTLE COMPTON, R.I. – Rhode Island-based Green Oceans, a non-partisan, grassroots not-for-profit organization dedicated to protecting the ocean and the ecosystems it sustains, filed a lawsuit in U.S. District Court for the District of Columbia, alleging four federal agencies shortcut statutory and regulatory procedures and violated environmental protection laws by approving the South Fork and Revolution Wind projects. An additional 35 co-plaintiffs joined the litigation.
The suit alleges that the U.S. Department of the Interior, Bureau of Ocean Energy Management (BOEM), National Marine Fisheries Service (NMFS), the U.S. Army Corps of Engineers and their respective administrative leaders, issued permits for the two projects on the critical marine habitat known as Coxes Ledge, despite the acknowledgment of serious irreversible harm and without adequate environmental impact studies. The lawsuit asks the court to invalidate the approvals for both projects until the government complies with all relevant statutes and regulations.
“In a rush to meet state mandates, we cannot short-circuit our country’s most important environmental and natural resource policies. This suit will ensure the federal government follows its own rules and regulations,” said Green Ocean’s Co-founder and President Dr. Elizabeth Quattrocki Knight.
Filed under the Administrative Procedure Act, the suit intends to prove that the federal agencies violated eight statutes, including the National Environmental Policy Act, Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, Coastal Zone Management Act, National Historic Preservation Act, Outer Continental Shelf Lands Act, Clean Water Act, and their associated regulatory programs.
The suit highlights the alarming scale of proposed offshore wind plans – up to 1,000 turbines, each towering over 870 feet high. The closest turbines will reside just 12.9 nautical miles from the Rhode Island coast. Collectively, the nine projects planned for the waters off the coast of Rhode Island represent the largest offshore development anywhere in the world. The Green Oceans suit alleges that BOEM did not adequately consider the cumulative impact of the entire lease area, a legal requirement. No geographic boundaries exist between the nine different projects planned for the 1,400 square miles of coastal waters between Massachusetts and Rhode Island.
“Marine mammals will not appreciate whether any given turbine belongs to one project or another. Legally, BOEM must evaluate the collective impact, not just each project in isolation,” Dr. Quattrocki Knight emphasized. The projects threaten to permanently alter the environmentally sensitive Coxes Ledge, one of the last remaining spawning grounds for Southern New England cod and an important habitat for the North Atlantic right whale and four other endangered whale species.
Barbara Chapman, a Green Oceans trustee, added, “Even people who support the concept of wind power understand the threat to sea life. On the official NOAA site, they have granted the developer of Revolution Wind, just one project of many, permission to harm and harass over 13,000 marine animals, including 568 whales, during the course of a single year. We do not consider 13,000 a small number.”
“BOEM admits the projects will have adverse impacts on the health of our fisheries, navigation safety, historic resources, the North Atlantic right whale, and environmental justice populations, while having no effect on climate change. Why accept this irreversible environmental damage for no overall gain?” questions Green Ocean’s Co-founder and Vice President, Bill Thompson.
Co-plaintiffs to the suit include the Responsible Offshore Development Alliance, Save Right Whales Coalition, New England Fishermen’s Stewardship Association, Bat World Sanctuary, three former Rhode Island Fisherman’s Advisory Board members, along with local and regional recreational fishermen, sailors, boaters, pilots, conservationists, residents, and leading members of the business community.
Green Oceans is a nonprofit, non-partisan group of community members dedicated to combating climate change without jeopardizing biodiversity or the health of the ocean. For more information or to get involved, visit: https://green-oceans.org/.
Editor’s note: The US military is the largest emitter of greenhouse gas pollution in the world. It is through the allocation of over half the federal government budget that this is made possible. So when companies say that the destruction of the environment must be done to save the planet, this fact is never mentioned. We are in fact in an existential situation and yet ending the war machine is never on the table. The evil empire will do what it has always done, which is to extract the wealth of the land to the determinant of those that live there. And this will not end until it collapses. If we are to have anything left before this happens we must fight to save it.
In early summer, Vale BLM (Bureau of Land Management) held a Resource Advisory Council meeting in McDermitt, ground zero for the critical minerals rush on public lands. Lithium driller Jindalee HiTech got to talk about the company’s horrifying new exploration drillingproposal for 267 more drill holes, wastewater sumps, and 30 miles of new “temporary” roads. The project would tear rip apart irreplaceable Sage-grouse Focal habitat, as a prelude to open pit strip mining for lower grade lithium. The BLM geologist showed a video, How Critical Minerals are Vital to the Climate Fight, that had appeared on ABC news.
One narrator, Reed Blakemore, was from the Atlantic Council think tank known for never seeing a War or US-backed coup it wouldn’t propagandize and cheerlead for. The other narrator works for an organization called SAFE. Their mission appears to be strident propaganda shaping policies, perceptions and practices and support for wresting control of critical minerals and energy, no matter how unsafe it makes the world or how much environmental damage is caused. The two harangue viewers about the need to get “shovels in the ground”. It includes a clip of Biden bragging about the Defense Production Act.
SAFE’s Website boasts about working with retired 4 star generals. A scroll through their Twitter account shows them pushing for streamlining environmental analysis–like the type of NEPA and tribal consultation short-cuts which contributed to the Thacker Pass (Peehee mu’huh) controversy that rages on. SAFE screeches about mineral laundering by China, adores high voltage transmission lines, and my favorite: “SAFE believes the Biden admin must take an aggressive approach that raises strong walls around foreign entities of concern while lowering drawbridges for our allies, like South Korea”. And hurl pots of burning oil down on the enemies of Fortress America from the castle keep?
This energy transition and critical minerals crusade on public lands is very much about retaining a corporate iron grip on energy, and increasingly seems to be about feeding the Military Industrial Complex. Watching the video, it belatedly dawned on me that critical minerals and green energy Neocons are driving much of the agenda. It’s certainly neocolonialist, but with the added twist of the Neocon global control freaks, and no dissent is allowed. We’ll grab what we want, anywhere, no matter if we break it all apart, no restraints tolerated, and we and our friends will make a fortune. The McDermitt caldera encapsulates the clash between supposed clean energy and the dirty reality for public land, water, communities, biodiversity, and a sane path to sustainability and energy change.
The EV “revolution” is being carried out with the same mindset, hubris, lies, greed, propaganda and war mongering that plunged us ever deeper into the fossil fuels mess and Forever Wars. The public is being propagandized by the Atlantic Council, SAFE, and others to blindly accept the sacrifice of any place, anywhere – under claims of saving us from climate change (as we continue to guzzle energy without limits). It’s also about domination and empire. Just like with oil, they won’t be content with a “domestic supply”, and instead seek to control all of it. Leadership of big green groups often appears captured by these critical minerals and energy Neocons – witness those dead serious Sierra Club outreach e-mails with a tangle of high voltage transmission lines portraying NEPA short-cuts as a good thing.
War Contractor Bechtel Selected to Build the Thacker Pass Mine, Mine Costs Double
Environews provides a whirlwind summary of some 2023 Thacker Pass events. Lithium Americas contracted with Bechtel Mining and Metals for engineering, procurement and execution of the mine. Bechtel is an industrial contractor and war profiteer who reaped massive government contracts during our Forever Wars in Iraq and Afghanistan. They’ve already signed a reconstruction agreement with Ukraine, a tad prematurely. They go way back, having built Hoover Dam and infrastructure for the Manhattan atomic bomb project at Hanford and elsewhere. Hanford plutonium was used in the nuclear bomb the US dropped on the people of Nagasaki Japan. To this day, Bechtel is involved in Forever Clean Up at nuclear facilities, including the most toxic place in America, and helping work on new nukes, keeping the gravy train going. The International Committee for Investigative Journalists summarized:
“Bechtel has been heavily involved in both commercial and military nuclear activities. These have included some of the most notable nuclear mishaps in U.S. history, from California’s San Onofre reactor installed backwards, to the botched clean up of Three Mile Island … Bechtel is finding ways to profit from the radioactive mess its projects have created.”
Regarding Bechtel’s endless Hanford work and profiteering Joshua Frank describes “they have a really bad track record and are well known for reaping the spoils of U.S. military ventures all over the globe. In October they had a test facility up and running that was going to do a run of vitrification for low-level radioactive waste. They basically had a ribbon cutting for this big machine and it ran for a week, then overheated, and they had to shut it down”.
Tribes consider this land to be a Traditional Cultural Property. Reno-Sparks Indian Colony and Summit Lake Tribe submitted a Traditional Cultural Property Eligibility Statement, (Peehee mu’huh: A Living Monument to Numu History and Culture District. September 12, 1865 Thacker Pass Massacre Site) to the BLM. It seeks official Interior Department recognition. Now it’s reported that BLM is sitting on the document, and never transmitted it to the National Park Service who oversees National Historic Register sites. Meanwhile, site integrity is being obliterated. Time after time – in local, national and international media – elders and tribal members have said that lithium mining desecration and destruction at Thacker Pass is like digging up Arlington Cemetery.
A recent deluge of news articles, many appeared planted, hyped a geological study that largely rehashes long known geological information. This helps fuel speculation and increase political pressure on agencies to rubberstamp projects. Following weeks of media gushing about the overblown study, the Nevada Currentexposes what’s going on:
“The study was funded by Lithium Americas, and includes research from Lithium Americas employee and shareholder, Thomas Benson”. He was the lead author, but most media stories skipped right over that inconvenient fact.
“John Hadder, the director of the Great Basin Resource Watch … said while the study may be helpful in pitching mining in the area, his organization has heard claims of “largest lithium deposit” from places around the world.
“I am concerned that this report will be used to advance more lithium mining in the region, and pressure the frontline peoples to accept mine plans,” said Hadder. “Regardless of how much lithium may be extractable, the sloppy permitting process that led to the Thacker Pass mine must not be duplicated. Indigenous ancestral lands that have cultural values must be protected, and Indigenous communities should have the right to say no”.
The publicity also bumped up Lithium Americas stock that had sagged a bit. And it seems there was another purpose, too. Lithium Americas is angling for a $1 billion DOE (Department of Energy) loan handout, the largest amount ever. The same outlets that hyped the geological paper are all agog, casting this as “an historic 1 billion”. Reuters now reports“Lithium Americas had raised its budget for the first phase of the Thacker Pass project to $2.27 billion, from $1.06 billion, reflecting changes to its production plans”. The loan is claimed to be 50 to 75% of the mine cost. Is this price explosion due to estimates of production linked to the hyped study, or is there a huge mine cost over-run right out of the starting gate? Lithium Americas did choose a contractor with long experience profiting off the US’s trillion-dollar foreign misadventures and nuclear mess. If the lithium mine gets this obscene DOE handout, will dollars evaporate, like four Hanford whistleblowers exposed:
“It is stunning that, for a decade, Bechtel and AECOM chose to line their corporate pockets by diverting important taxpayer funds from this critically essential effort,” Assistant US Attorney Joseph Harrington said in a news release …The case started after four whistleblowers came forward in 2016, telling federal prosecutors about alleged time-card fraud in which the companies billed the U. S. Department of Energy for work that was never completed. The companies hired hundreds of electricians, millwrights, pipefitters … to build the plant … and then over-charged for the workers even when those workers had no duties to perform …”.
The Department of Justice Press release on the Hanford deception is here. The time-card fraud involved DOE funds. Now DOE appears on the verge of lavishing a billion-dollar loan on Lithium Americas who uses this same contractor.
GM Thacker Pass Lithium in Ultium Batteries, GM and War Machines
GM is now implicated as a major player in Caldera lithium mania. In January 2023, GM announced it would invest $650 million in Lithium Americas and use Thacker Pass lithium for its Ultium batteries:
“Lithium carbonate from Thacker Pass will be used in GM’s proprietary Ultium battery cells. … GM is launching a broad portfolio of trucks, SUVs, luxury vehicles and light commercial vehicles using the Ultium Platform, including the GMC HUMMER EV Pickup and SUV, GMC Sierra EV, Cadillac LYRIQ, Cadillac CELESTIQ, Chevrolet Silverado EV, Chevrolet Blazer EV, Chevrolet Equinox EV, BrightDrop Zevo 400 and BrightDrop Zevo 600”.
But these aren’t the only GM vehicles using Ultium batteries. Clean Technica headlined, “The US military is buying Ultium Battery Packs from GM Defense”. Get ready for the Green Wars, folks, including the Green Wars for Green Minerals. Are wild and sacred places of the McDermitt Caldera going to be destroyed not only for bloated GM pick-ups, street Hummers and virtue signaling about the climate crisis, but also for War machines too — gutting the West for critical minerals so we can waste untold amounts of energy and minerals on more Forever Wars?
GM Defense proclaims it’s driving the future of military mobility, with a five-passenger All-Electric Military Concept Vehicle, and working on energy storage for the tactical warfighter. Ultium batteries are also used in armored diplomatic vehicles that look like a sure hit with narco kingpins. Other monstrosities like this tactical truck, don’t yet appear to have EV batteries, but GM does promise they’re fuel efficient. How long until US troops de-stabilizing South American countries to gain control of their lithium, or maneuvering to grab foreign oil, are cruising around in EVs? At the end of a Reno KTVN Channel 2 video full of land destruction images and lithium company spin, the reporter says “lithium is a hot commodity”. The lithium company’s spokesman replies “it’s essential for national security”. Note that lithium is also used in designs of some nuclear reactors and in the nuclear weapons industry.
GM Greenwashing, Thacker Pass Lithium, Social Injustice
A Mighty Earth report, GM Wants ‘Everybody In’ on Greenwashing, tells how GM’s human rights policy conflicts with its investment in Thacker Pass, how they’re building hulks while smaller cars sold may largely be from China, a continuing dirty supply chain, a poor score in indigenous rights protection, and how often GM makes commitments but doesn’t follow through. In the report, the People of Red Mountain Atsa Koodakuh wyh Nuwu explain that “the entire landscape of the McDermitt caldera is sacred to Nevada, California and Oregon tribal nations”
The brutal 1865 US cavalry massacre of a Paiute camp at Thacker Pass was part of the memory-holed Snake War of Extermination. The massacre was not revealed by BLM in the mine EIS. During litigation, Tribes presented resounding evidence – US surveyor records, contemporaneous newspaper stories, and survivor Ox Sam’s own account from Big Bill Haywood’s Autobiography. The Biden-Haaland BLM brushed it all aside, to the anger and dismay of Tribes and many other people. The stalled Traditional Cultural Property document contains the records. Perhaps doling out a $1 billion loan for the destruction of an officially recognized massacre site might be a bridge too far, even for Jennifer Granholm’s DOE.
In spring 2023, the Ox Sam women’s protest camp was set up at Thacker Pass by a gaping water pipeline trench the company had ripped past sacred Sentinel Rock. The camp was raided after a protest action. Now Ox Sam descendants and white activists associated with the camp are being sued in a vile SLAPP suit: After getting hammered with lawsuits aimed at halting development of a lithium mine at Northern Nevada’s Thacker Pass, a Canadian-based mining company has turned the tables and is suing the mine’s protesters … the protesters and an attorney representing them counter that the lawsuit is similar to a strategic lawsuit against public participation (SLAPP), aimed at intimidating and silencing their free speech”.
How’s that for upholding ESG (Environmental, Social and Governance) principles, and the other social responsibility jargon Lithium Americas and the mob of Caldera miners use to lull investors?
Aurora Schemes of Yellowcake and Green Uranium
Aurora Energy Metals is trying to resurrect a uranium project long thought dead. Promotion videos show Greg Cochran, an Australian “uranium veteran” leading the Aurora charge. Before alighting in the Caldera, Cochran had been with Australian uranium miner Deep Yellow. Here’s Friends of the Earth Melbourne on Deep Yellow, “The Mulga Rock uranium project east of Kalgoorlie is now under the leadership of a team with a track record of over-promising, under-performing and literally blowing up cultural sites”. And this from the Conservation Council of WA (West Australia),“We’ve gone from the inexperienced and cash-poor Vimy Resources to Deep Yellow who are led by a team with a track record that highlights why uranium mining does not have a social license”.
Aurora drilled a few exploration holes in fall 2022 extended a bit of drilling into a winter exclusion period. Now they seek to expand drilling under a NEPA-less, no public comment Notice, which is how the Jindalee sagebrush killing drilling to date has been done.
Aurora’s mining scheme, where some lower grade lithium overlays uranium deposits, is explained in a Proactive Investors video. Cochran envisions the mine of the future with a conveyor belt or pipeline jetting lithium or uranium slurry or crushed rock from Oregon across the state line down onto private land in Nevada, where a processing plant and waste heaps would be located. The video interviewer asks: “Tell me more about this property you bought in Nevada”. Cochran replies:
“Yeah, we kept that under wraps for quite a while because we wanted to make sure that nobody else kind of gazumped us. … We had this strategy of identifying suitable locations within Nevada for the processing plant … because… we know that they understand mining a lot better than Oregon … Nothing is a free pass, but it would allow us, we believe, to permit quicker. Private land to boot is even more attractive. … We discovered that one of the landowners was looking to sell. So, right place, right time. I’m already … envisioning … the mine of the future. Where you develop this mine. You’ve got a crusher, you run a very fancy overland conveyor – or pipeline for that matter – across to Nevada which as the crow flies it’s only 8 or 9 k’s – so there’s no tracking, no footprint … negligible CO2 emissions …’.
He says the Aurora project would be ticking all the boxes in terms of ESG (Environmental, Social and Governance) approval – right after detailing a plan to evade Oregon regulations on uranium pollution by moving the hot rocks across the state line. Apparently, radioactive material infiltrating air, groundwater, plants, wildlife, and contaminating the community, doesn’t count when you’re ticking ESG boxes. The same plan is repeated in a Mining Network video here, with Cochran talking about Nevada land enabling Aurora to “permit a quarry in Oregon”, which he describes as fairly straightforward, while siting the processing plant and waste heaps in Nevada. In a Thacker Pass state permitting meeting, Nevada Department of Environmental Quality staff admitted they couldn’t recall not permitting a mine.
Aurora’s Nevada land is around 4 miles west of town, right by the state line south of where the Disaster Peak county road starts. In an Australian publication, Aurora, described as a “shining light”, says that because there’s some hydropower at the site “we have the potential to deliver green uranium”, in a “uranium friendly mining jurisdiction”. Welcome to Nevada – the Uranium Waste Heap State. No Rocks Too Hot to Handle. You can already envision more billboards sprouting up on Highway 95.
A past effort to wrest uranium from Caldera earth fizzled when Fukushima grayed up the miner’s blue sky on uranium. Back then, Oregon mining activist Larry Tuttle warned in Read the Dirt about yellowcake production, water use, the toxic waste stream, tailings ponds and Oregon’s very own Lucky Lass superfund site experience near Lakeview:
“Sulfuric acid in the tailings also dissolves and leaches heavy metals – mercury, molybdenum, arsenic, lead, manganese, and cadmium – as well as uranium. (The Aurora site has already been extensively mined for mercury, which pose additional health perils; sulfuric acid easily bonds with and transports mercury to waterways.) Residual uranium elements in the tailings decay and release radon; heavy metals also continue to interact within tailings and other wastes.
For communities as diverse as Moab, Utah, and Jeffrey City, Wyoming (often called yellowcake towns), the effects of uranium mining on public services and resources; ground and surface water; and, air quality are serious and dramatic”.
The Moab Times just reported on resistance to uranium mining and processing at the La Sal Complex near Moab and the Pinyon Plain mine near the Grand Canyon, in “Ute Mountain Utes march against White Mesa as Energy Fuels prepares to reopen uranium mines”:
“Some White Mesa residents have long been concerned that the mill, which lies four miles north of the community, is contaminating nearby groundwater, air and wildlife with radon that allegedly blows and seeps off the mill’s tailings impoundments”.
While uranium miners attempt to tamp down dangers, Ute tribal members monitoring past mining effects have measured whopping levels of uranium in spring water, there’s a sulfur odor in the air with re-processing taking place, and animals are disappearing from the mesa. For the record, uranium was recently shifted from the critical minerals list, and is now a fuel mineral with friends in Congress. Caldera uranium is found in uraninite and coffinite ore. No, someone didn’t have a morbid sense of humor, it’s said to be named after a geologist.
Trying to track the serial land destroyers and speculators who’ve descended on the Caldera is quite confusing. It’s unclear who now controls FMS claims. On-line sources show conflicting information. An Aurora prospectus said they control Oregon FMS “CALD” claims. A company named Chariot now appears involved with Oregon and Nevada FMS claims – all located in terrible places for wildlife. Lithium Americas holds a north-south block of claims in extremely sensitive wildlife habitat up in the Montana Mountains. They repeatedly told the public during the Thacker Pass EIS process that the project was sited to avoid those Sage-grouse conflicts, and that they wouldn’t mine up there because wildlife values were so high.
Puzzlingly, a 2016 SEC Report map shows Lithium Americas then controlling much of the current Jindalee claims block in “Miller” [Malheur] county. Why would they let go of Oregon claims while gearing up for Thacker? FMS Nevada claims lie in critical sagebrush by the east face of the Montanas. LiVE, another company, also has some Nevada claims. This month, there were mining press articles and a video about Jindalee drilling again this November. I contacted Vale BLM, and BLM says No. If you’re out in the Caldera, keep your eyes on what’s going on.
Jim Jeffress, a retired NDOW biologist (so he can speak his mind) describes how ideal for Sage-grouse Caldera lands are. He says what happens in the Montana Mountains with key sage grouse habitat “will define the resolve of the state of Nevada and BLM in the recovery of Sage-grouse in Nevada”. He extols the high bird abundance, the ideal habitat configuration, calls the Montanas exceptionally important, the gold standard for Sage-grouse, and a critical bridge between populations, writing:
“My primary concern is focused on ANY mine site or extraction areas on top of the Montana Mountains in the area commonly referred to as Lone Willow, now or in the future. That concern extends into Jordan Meadows in the east that serves as wintering grounds for the Montana Mountains sage-grouse population and those in southern Oregon”.
The Caldera is a unique inter-connected ecosystem, spanning Nevada and Oregon, with irreplaceable habitat for Sage-grouse and other wildlife. It must be protected from a mad, rapacious minerals rush.
Environmental Advocates and Groups To Protest Latest Proposed Algonquin Pipeline Expansion Near Shuttered Indian Point Nuclear Plant
On Tuesday, activists will rally outside the shuttered Indian Point nuclear plant in Buchanan in protest of the latest proposed Algonquin Pipeline Expansion in the area. The protest will occur blocks from where, in 2016, three activists were arrested for blocking the last Algonquin Pipeline expansion of an added 42-inch high-pressure pipeline. In addition, two older 32-inch and 23-inch pipelines run underneath the plant. Decommissioning at Indian Point houses over 2,000 tons of irradiated fuel rods in addition to other radioactive waste.
Protestors will call on Governor Hochul to stop pipeline owner Enbridge’s latest “Project Maple” proposal. Project Maple was noticed by Enbridge HERE.
WHAT: Rally calling on Governor Hochul to stop Enbridge’s “Project Maple” fracked gas pipeline expansion
WHEN: Tuesday, November 14 at 4:30pm ET
WHERE: Outside the shuttered Indian Point nuclear plant on the corner of Bleakley Ave & Broadway in Buchanan, NY
WHO: Activists representing Food & Water Watch, United for Clean Energy, Safe Energy Rights Group, and more
“Project Maple” would significantly expand the amount of gas transmitted through the Algonquin Pipeline which runs from the Hudson Valley through Connecticut to Massachusetts. Enbridge anticipates its proposal to come on line as soon as November 2029.
The proposal to expand fracked gas in the region comes despite New York’s Climate Leadership & Community Protection Act which mandates greenhouse gas emissions reductions of at least 85 percent by 2050 and the state’s nation leading ban on fossil fuels in new buildings, which will go into effect in 2026.
Editor’s Note: This press release from CELDF (Community Environmental Legal Defense Fund) describes a gag order put against an activist, Tish O’Dell, for talking about her concerns on the use of an industrial byproduct in her community. The gag order was placed in 2012. Since then, tests have affirmed that not only was the product toxic, it is also high in radioactive elements. Lawsuits by big corporations against activists are one of the tools used to shut down any form of resistance. We have talked about it also in the context of the lawsuit against activists and tribal members involved in protecting Thacker Pass. After a decade during which new research has been conducted, Tish O’Dell has appealed for a termination on the gag order.
OHIO, Cuyahoga County – On Friday, June 16, a motion was filed in the Cuyahoga Court of Common Pleas for relief from judgment for Tish O’Dell to terminate the permanent injunction from a Strategic Lawsuit Against Public Participation (SLAPP) filed against her in March 2012 by Duck Creek Energy which claimed defamation and loss of business profits.
O’Dell had been active at the time, educating both her community, elected leaders and neighbors about the harmful effects of urban oil/gas drilling happening in her community of Broadview Heights and surrounding communities by sending emails, posting information online and attending community meetings. In the process, she had learned of Duck Creek Energy’s road de-icer, AquaSalina, which according to Duck Creek Energy President, Dave Mansbery, was a byproduct of oil/gas drilling. O’Dell’s concern increased upon learning, from test results reported to the Ohio Department of Natural Resources (ODNR), about the high levels of substances like benzene, toluene and ethylbenzene contained within the supposedly harmless de-icer. These substances are known to be carcinogenic. She also continued to conduct more research on ODNR’s website and in other places in order to inform herself and educate others as to what takes place during the drilling process and fracking.
“When I learned that AquaSalina was being used on my community’s streets as well as in neighboring communities, I wanted to inform people about what I had learned,” said O’Dell. “I felt people needed to know what was being spread on the roads that they, their kids, and their pets were walking on. And common sense indicated to me that what is spread on our streets gets into our air and our lawns and goes down street drains to water supplies. I knew the oil/gas industry was powerful, but I also believed in my right and everyone’s right to free speech and the right to question the government and their decisions. I had never heard of a SLAPP lawsuit until there was a knock at my front door and the person asked if I was Tish O’Dell and told me ‘You’ve been served’.”
After a year of court filings, depositions, and much pressure directed against O’Dell’s inclination to go to trial, a settlement was signed in the fall of 2013. Part of the settlement involved granting a permanent injunction, an extraordinary remedy in a defamation case, against O’Dell, prohibiting her from using certain words to describe the product AquaSalina. During this time Mansbery began bottling and selling the product on store shelves in local hardware stores and even at several Lowe’s locations in Ohio. This afforded activists and scientists the opportunity to purchase the product and begin testing it. And in the decade since, there has been much research and testing of the product by the state agency ODNR, universities, Rolling Stone Magazine and other publications. The tests affirmed that not only was the product chemically toxic, it is also high in radioactive elements, Radium 226 and 228. In October 2021 the Ohio Department of Transportation stopped using AquaSalina in part because of the environmental concerns.
Because these recent test results and scientific research papers didn’t exist in 2012, O’Dell is filing this motion to dissolve the court order so she can again speak freely and warn people about the dangers of this product to both humans and nature. There have been several attempts over the past few years to pass a law at the state level which would make a commodity out of this drilling byproduct. And with the state opening up leasing of park land for fracking this year, there will be more brine produced.
“SLAPP suits are just another tool used by industry and corporations to silence and intimidate those who speak out against them and their activities,” stated Wyatt Sugrue, Chicago attorney. “The goal is not only to silence journalists, individuals and organizations, but to also make others afraid to speak up. In recent years there have been high profile cases of SLAPP suits against John Oliver and HBO, Mother Jones Magazine and recently Texas Gubernatorial candidate Beto O’Rourke who was served with a SLAPP by the CEO of Energy Transfer Partners, Kelcy Warren.”
As stated in the motion:
The Ohio court system has in essence allowed a limited-purpose public figure, Duck Creek Energy, to immunize itself from public scrutiny, and the court system is acting as the personal police force for the company to stop such scrutiny.
“What I have learned over the past decade is how our system, controlled by an elite minority, is quashing the people’s constitutional rights. I witnessed this first hand working with so many great people across the state who were also attempting to protect their own communities and nature. They inspired me to do this,” stated O’Dell. “I can’t just tell others to stand up for their rights and what they believe in and to have courage even when it seems scary, and not practice what I preach.”
A recent article by EarthJustice, September 2022, sums it up, “We aspire for the courts to be an institution that upholds the rights of all, however, SLAPP suits are a way for the rich and powerful to abuse the court system and turn it into a tool that silences individuals and organizations. SLAPP suits disguise themselves as legitimate lawsuits, and while most end up being dismissed, their real goal is quashing legitimate dissent and protest in the process. Protesting is one of the cornerstones of our democracy, a right so important in the early days of our country that it is explicitly included in the first amendment. One thing is clear. Our courts must uphold this right for everyone and cannot become tools for the rich and powerful to abuse power and limit the ability of all of us to seek justice and speak out against issues impacting our communities.”
In the O’Rourke SLAPP, it has been discovered that Warren, the plaintiff, has also made campaign contributions to six of the nine Texas Supreme Court Justices that could ultimately hear the case.
According to CELDF Attorney Terry Lodge, “Ending the gag order on Tish O’Dell is important to our work as an organization. CELDF works with community members and activists throughout the state and country to assert their constitutional and democratic rights to expose harms and stand up for protecting the community and nature. If the wealthy and powerful can file lawsuits to silence their voices, those must always be opposed.”
Editor’s Note: In order to deter the tribal members and activists from fighting for Thacker Pass, Lithium Nevada has sued them. Unsurprisingly, as a corporation, they have greater funds to sustain their legal action. We appeal for all who can to support in whatever way you can. The details for financial donations are at the end of the post.
Lithium Nevada Corporation has filed a lawsuit against Protect Thacker Pass and seven people for opposing the Thacker Pass lithium mine.
The lawsuit is similar to what is called a “Strategic Lawsuit Against Public Participation,” or SLAPP suit, aimed at shutting down free speech and protest. The suit aims to ban the prayerful land defenders from the area and force them to pay monetary damages which could total millions of dollars.
“This lawsuit is targeting Native Americans and their allies for a non-violent prayer to protect the 1865 Thacker Pass massacre site,” said Terry Lodge, attorney working with the group. “These people took a moral stand in the form of civil disobedience. They are being unjustly targeted with sweeping charges that have little relationship to the truth, and we will vigorously defend them.”
The lawsuit targets Dean Barlese, respected elder and spiritual leader from the Pyramid Lake Paiute Tribe, Dorece Sam from the Fort McDermitt Paiute-Shoshone Tribe, Bhie-Cie Zahn-Nahtzu (Te-Moak Shoshone and Washoe), Bethany Sam from the Standing Rock Sioux and Kutzadika’a Paiute Tribes, Founding Director of Community Rights US Paul Cienfuegos, and Max Wilbert and Will Falk of Protect Thacker Pass, which is also named in the suit.
They are charged with Civil Conspiracy, Nuisance, Trespass, Tortious Interference with Contractual Relations, Tortious Interference with Prospective Economic Advantage, and Unjust Enrichment.
As part of the lawsuit, Lithium Nevada has been granted a Temporary Restraining Order which restricts the defendants and “any third party acting in concert” with them from interfering with construction, blocking access roads, or even being in the area. The accused parties are not involved in planning further protest activity at the mine site.
Regardless, these allegations are alarming to the Great Basin Native American communities who believe their religious practices are protected by the American Indian Religious Freedom Act of 1978. The lawsuit’s language places fear in the hearts of Native American people who want to pray and visit their ancestors’ gravesites.
The case references instances of non-violent prayer and protest that took place on April 25th, and a prayer camp named after Ox Sam (survivor of the 1865 massacre and ancestor of Dorece Sam and Dean Barlese) which was established at Thacker Pass on May 11th. On June 8th, that camp was raided and dismantled by police. One young indigenous woman was arrested and transported to jail inside a pitch-black box. In the aftermath of the raid, a ceremonial fire was extinguished, sacred objects were put in trash bags, and tipi poles were broken.
The American Indian Religious Freedom Act states that it is “the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religion of the American Indian…including…access to sites.”
Dorece Sam, President of the Native American Church of the State of Nevada:
“I take my grandkids to Peehee Mu’huh to teach them to pray for our unburied ancestors whose remains are scattered there, to collect our holy plants, to hunt and fish, and to collect medicinal herbs. The ancestors who were killed at Thacker Pass have never been given the proper prayers for their spirits. Lithium Nevada is desecrating our unceded lands and our ancestors’ resting places.”
Dean Barlese, respected elder and spiritual leader from the Pyramid Lake Paiute Tribe:
“The Indian wars are continuing in 2023, right here. America and the corporations who control it should have finished off the ethnic genocide, because we’re still here. My great-great-grandfather fought for this land in the Snake War and we will continue to defend the sacred. Lithium Nevada is a greedy corporation telling green lies.”
Bethany Sam:
“Our people couldn’t return to Thacker Pass for fear of being killed in 1865, and now in 2023 we can’t return or we’ll be arrested. Meanwhile, bulldozers are digging our ancestors graves up. This is what Indigenous peoples continue to endure. That’s why I stood in prayer with our elders leading the way.”
Bhie-Cie Zahn-Nahtzu:
“Lithium Nevada is a greedy corporation on the wrong side of history when it comes to environmental racism and desecration of sacred sites. It’s ironic to me that I’m the trespasser because I want to see my ancestral land preserved.”
Paul Cienfuegos:
“Virtually every single accusation against us is a lie, and of course the corporation’s leaders know this. But our actions have scared them, so they are lashing out against classic nonviolent direct-action tactics. And this is yet another prime example of why we need to dismantle the structures of law that grant so many so-called constitutional ‘rights’ to business corporations, like access to the courts.”
Max Wilbert, Protect Thacker Pass:
“Around the world, a land defender is killed every two days. Murdering activists is hard to get away with in the United States, so corporations do this instead. This lawsuit is aimed at destroying the lives of people non-violently defending the land. But we’re not giving up. There are millions of people opposing this mine, and this fight will continue.”
Will Falk:
“I’ve been involved in directly petitioning the courts for two years to enforce tribal rights to consultation without success. Now Paiutes and Shoshones are being sued for peacefully defending the final resting places of their massacred ancestors. Lithium Nevada is just another mining corporation bullying Native Americans once again. This pattern has got to stop.”
Lithium Nevada corporation has been locked in legal battles since 2021, when four environmental groups, a local rancher, and several tribes sued the Federal Government to attempt to overturn the permits for the mine. The suits allege failures of consultation, violation of endangered species law and water laws, and dozens of other infractions. The most recent filing in an ongoing Federal Court case brought by three local tribes was filed on Friday, arguing that Lithium Nevada needs to halt construction while it consults with tribes about the Thacker Pass massacre sites. The 9th Circuit Court of Appeals in California will hear oral arguments in other cases later this month.
The news comes as Lithium Nevada’s parent corporation, Lithium Americas, has been implicated in four alleged human rights violations and environmental crimes related to their lithium mining operation in Cauchari-Oloroz, Argentina.
The defendants are seeking attorneys to join the legal defense team, and monetary donations to their legal defense fund. You can donate via credit or debit card, PayPal (please include a note that your donation is for Thacker Pass legal defense), or by check.
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