Editor’s Note: Earlier this year, UN delegates reached an agreement on conservation of marine life on international waters. The agreement, reached after two decades of negotiations, claims it will protect 30 percent of the world’s oceans from biodiversity loss by 2030. It has been hailed as a “breakthrough” by Secretary-General António Guterres. Mainstream environmental organizations have followed suit. These two articles by DGR members question these claims. They explore what the treaty actually says. The article is followed by the invitation to a demonstration against Deep Sea Mining in London on May 3 and 4.
Scrolling through a bright green Facebook page a few weeks ago I saw this headline: “More Than 190 Countries Agree On A Treaty to Protect Marine Life.” Sounds good, but is it really? I wonder if anyone who saw that post actually read and researched the story before reacting to it with likes and hearts and enthusiastic comments.
The article said that The United Nations High Seas Treaty aims to protect 30% of the world’s ocean from biodiversity loss by 2030. My first thought was, why only 30%? My second thought was, There’s got to be something more to this treaty than is being told to us in the article. And there is.
First, let’s look at who is allowed to use ocean resources.
Although the ocean body of water can be used by anyone, the ocean seabed belongs to the coastal state, which is 12 nautical miles from the coast. A nautical mile is a little over a land mile. Each state also has an exclusive economic zone which is 200 nautical miles from its coast. A nation has the right to use the resources in this zone. Beyond the 200 nautical miles is considered international waters — the high seas — which can be used by anyone. The new treaty is supposed to regulate the use of international waters.
Right now, all nations are allowed to lay submarine cables and pipelines along the floor bed of the high seas. That seems destructive enough, but now the UN High Seas Treaty, that is supposed to protect marine life, is going to allow deep sea mining to be exempt from environmental impact assessment (EIA) measures.
Deep sea mining is one of the most destructive activities that can be done to the ocean sea bed. The push for this mining is being driven by an increase in demand for minerals to make so-called renewable energy. More and more of the earth’s land is being mined for these minerals, and the mining industry is now looking to the ocean to continue the destruction.
The land and sea should not be owned by anyone, but as we can see, the most powerful people in this industrial society are just taking what they want. Mining destroys land bases, and now deep sea mining is being added to the destruction of the planet. Whenever governments get together to do something “good,” be very skeptical. It’s usually being done for the good of companies, not the planet.
What they aren’t telling you about the High Seas Treaty
By Julia Barnes
When the High Seas Treaty was announced, conservation groups applauded and social media was abuzz with celebration. The media portrayed it as a long-awaited victory. Commentators claimed that it meant 30% of the ocean would be protected by 2030, that deep sea mining would face strict regulations, and biodiversity would be safeguarded.
The draft text is easily accessible online. It’s a 54-page document, dry and tedious, but clear enough that any lay person should be able to comprehend its meaning.
That is why it is so unforgivable that the treaty has been misrepresented the way it has.
The High Seas Treaty does not guarantee that 30% of the ocean will be protected. It makes no commitment to a percentage, sets no targets. It merely lays out the regulatory framework under which it would be possible to create marine protected areas on the high seas.
When you think of a protected area, you’re likely imagining a place that is off limits to exploitation, where industrial activities are banned.
Under the High Seas Treaty, a protected area is one that is “managed” and “may allow, where appropriate, sustainable use provided it is consistent with the conservation objectives.”
I do not believe that humans possess the wisdom to manage the ocean, nor would we ever be capable of doing a better job than the ocean does itself, with its billions of years of intelligence.
Our track record with managing fisheries should cast serious doubts about our ability to assess sustainability. We must remember that there is no surplus in nature. When something is taken out, even at a rate that is “sustainable,” nutrients are permanently removed from the ecosystem. This cannot happen without consequences.
Even though “protected” might not mean what we expect it to, let’s assume for a moment that an area managed for “sustainable use” is in better shape than one left “unprotected.” Next, we run into the problem of enforcement.
Illegal fishing is rampant, with 40% of fishing boats in the world operating illegally. Marine protected areas are routine victims of poaching. Unless they deploy a navy to patrol the protected areas on the high seas, it is likely these will only be paper parks.
But all this presumes that marine protected areas will, in fact, be created. The process laid out in the treaty makes this quite difficult. With 193 signatory countries, decisions on the creation of marine protected areas are by consensus, and failing that, will require a two-thirds majority vote.
Proposals for new marine protected areas must undergo a review by a scientific and technical body, then consultation with “all relevant stakeholders,” after which the submitting party will be asked to revise the proposal.
Next, there is a 120-day review period. If another party objects to the establishment of a marine protected area within that time frame, the objecting party will be exempted from the marine protected area.
The review period also leaves time for industries to exploit the proposed area before protection is in place. We’ve seen this happen on land when logging companies targeted soon-to-be-protected forests, cutting as many trees as they could before the protection was granted. It’s not hard to imagine something similar taking place on the high seas, with a proposed area being fished intensively during the 120-day period.
What commentators often ignore is that a large portion of the treaty is dedicated to something called “marine genetic resources” and deals with how to share the “benefits” gained from commodifying the genetic material of marine organisms for use in things like pharmaceuticals.
Conservation groups have falsely claimed that the High Seas Treaty puts limits on deep sea mining, when in fact it does not. Deep sea mining is even exempted from environmental impact assessment measures.
The High Seas Treaty may have been a diplomatic feat, but as is often the case when negotiating with so many parties, to achieve agreement, the text ends up watered down and toothless.
This comes as no surprise. What is disheartening is seeing the way news media and NGOs consistently misrepresent the treaty. For a while, the internet exploded with erroneous claims that 30% protection had been achieved, that the ocean had scored a massive victory.
Meanwhile, the deep sea mining industry is gearing up to begin the largest and most destructive project ever imagined on the high seas, and few people have heard of it.
We have an illusion of protection masking a new era of exploitation.
They have been very secretive about the exact location. Which is understandable considering the destructive nature of this profession. But we have found out where it will be held and we need to have an opposition demonstration there. Everyone and anyone in and around London who is against mining the deep sea should come with signs and solidarity. We have set a time and date to show up but feel free to come express your views anytime during the summit. On May 4th at 1pm BST in front of the London Marriott Hotel Canary Wharf 22 Hertsmere Road defend the deep sea!
Species extinction is considered a “likely outcome” of deep sea mining. This new extractive industry threatens not only the fragile seabed, but all levels of the ocean. Mining would produce plumes of sediment wastewater that spread for 100s of kilometers, suffocating the fish who swim throught them.
We have an opportunity to stop this industry before it begins, but we are running out of time. As soon as this July, commercial mining may begin, opening an area of the ocean as wide as North America to exploitation.
We want to show that there is widespread support for a ban on deep sea mining.
We also want to highlight the incredible biodiversity that is threatened, so we are encouraging people to come dressed as their favorite ocean creatures. Don’t let them think your silence means consent.
Editor’s note: Lierre Keith, co founder of DGR, is going to be in London for two events. On April 1, she’s going to be a part of a Women’s Rights Conference along with a number of other feminists. On April 2, she is going to give a talk on Bright Green Lies, followed by a screening of the documentary and Q&A.
What is to be Done? Women’s Rights Conference
A hybrid conference (up to 150 of us in real life and lots more online) in London on Saturday 1st April 2023,9am-5pmnear Old St tube or Barbican tube. Women’s Declaration International invites you to a day of speeches, workshops, networking, internet livestream link to global sisters and hopefully fun. If you would like to attend, help plan, organize, volunteer on the day, run sessions, etc, please email info@womensdeclaration.com or fill in this form https://forms.gle/bFLntzbBzrm4zd6M8
We will livestream the whole thing, so you can participate online too.You can use the normal FQT attendee login so if you are registered for FQT you are registered and need to do nothing further. If not go to womensdeclaration.com and register for Feminist Question Time and you will get a Zoom link the week before.
With four rooms, a garden and a coffee area, the speakers/workshop leaders include: Sheila Jeffreys, Lierre Keith , Zuleyka Valentin Arroyo, Kaïla Atarou Manfah, Christina Ellingsen, Julia Long, Amparo Domingo, Kate Coleman, Stephanie Davies-Arai, Amber Alt, Paula Boulton, Maureen O’Hara, Marian Rutigliano, Lynne Harne, Emma Thomas, Sally Wainwright, Louise Somerville, Jan Williams, Kelly Frost, Kate Graham, Alison Jenner, Lynn Alderson, Shannon from HearSheHearShe, Jo Brew and many more!
The theme is What is to be done, so talks and workshops will focus on what we should do next.
After the day, we have booked a quiet room at a pub where we can sit and chat, plus go downstairs to buy food and drink.
In order for WDI to break even (& hopefully increase our war chest), we need all of us to support the event both financially (by buying tickets, and donating funds) and also through volunteer activities (in preparation, day of, and cleanup).
You can buy tickets for the in person event here. Register for the online event here.
From Living Planet to Necrosphere: In the Time of Patriarchy’s Endgame
Lierre Keith – writer, radical feminist, food activist, and environmentalist will be in London Sunday, April 2nd for this highly anticipated talk. This will be followed by a screening of Bright Green Lies and a Q and A with the people behind it.
More and more environmentalists are starting to question whether not just fossil fuels, but also so-called ‘green energy’, could pose a potentially serious threat to our environment and to what remains of our already threatened species and biodiversity.
With praise from world-renowned author and campaigner Vandana Shiva (anti-GMO activist and President of Navdanya International), Jeff Gibbs (director of Planet of the Humans, available to watch here for free) and Chris Hedges (Pulitzer Prize-winning journalist and author of America: The Farewell Tour), Bright Green Lies and its accompanying documentary film dig further into this issue, exploring whether our dependence on fossil fuels can really be replaced with a new form of industry that calls itself green.
Join us for the event with our expert panel:
Lierre Keith – writer, radical feminist, and food activist
Julia Barnes – Bright Green Liesfilmmaker and award-winning documentary maker
Derrick Jensen (author of the Bright Green Lies book, activist and named one of Utne Reader’s “50 Visionaries Who Are Changing Your World”)
This illuminating film “dismantles the illusion of ‘green’ technology in breathtaking, comprehensive detail, revealing a fantasy that must perish if there is to be any hope of preserving what remains of life on Earth. From solar panels to wind turbines, from LED light bulbs to electric cars, no green fantasy escapes Jensen, Keith, and Wilbert’s revealing peek behind the green curtain. Bright Green Lies is a must-read for all who cherish life on Earth.”
—Jeff Gibbs, writer, director, and producer of the film Planet of the Humans
Copies of the film on DVD will be available for purchase, alongside copies of the book which Lierre may sign for you.
Note: This is an in-person event. Please register on this Eventbrite link.
Editor’s note: The Thacker Pass lithium mine project reflects more than one injustices in the world: greenwashing mines, denying U.S. atrocities against indigenous tribes, grabbing indigenous land against their will, ecocide. This article highlights some of these injustices.
A coalition of conservation groups on Tuesday joined Native American tribes in launching legal challenges to a proposed lithium mine in northern Nevada that critics say was “illegally approved” and will “irreparably damage” the delicate desert ecosystem and land where Indigenous peoples are seeking federal historical recognition of a genocidal massacre perpetrated by U.S. colonizers.
Members of the Western Watersheds Project filed an emergency motion in federal court Tuesday seeking an injunction against the Thacker Pass Lithium Mine in Humboldt County pending action by the 9th U.S. Circuit Court of Appeals to ensure the project—which would tap into the largest known source of lithium in the United States and was approved during the final days of the Trump administration—complies with federal law.
“This mine should not be allowed to destroy public land unless and until the 9th Circuit has determined whether it was legally approved,” Western Watersheds Project staff attorney Talasi Brooks said in a statement announcing the filing.
“There’s no evidence that Lithium Nevada will be able to establish valid mining claims to lands it plans to bury in waste rock and tailings, but the damage will be done regardless,” Brooks added, referring to the subsidiary of Canada-based Lithium Americas that is seeking to build the mine. Lithium is a key component of electric vehicle batteries, cellphones, and laptops.
The emergency motion follows a lawsuit filed last week by the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe in response to U.S. District Judge Miranda Du’s earlier ruling that largely favored Lithium Americas and rejected opponents’ claims that the project would cause “unnecessary and undue degradation” to the environment and wildlife.
Opponents, including the Reno Sparks Indian Colony, promise to continue fight to stop the mine.https://t.co/dLMIGM4puo
“When the decision was made public on the previous lawsuit last week, we said we would continue to advocate for our sacred site PeeHee Mu’Huh. A place where prior to colonization, all our Paiute and Shoshone ancestors lived for countless generations,” Arlan Melendez, chairman of the Reno-Sparks Indian Colony, said in a statement.
“It’s a place where all Paiute and Shoshone people continue to pray, gather medicines and food, honor our nonhuman relatives, honor our water, honor our way of life, honor our ancestors,” Melendez added.
All three tribes call Thacker Pass PeeHee Mu’Huh, which means “rotten moon”—a name given to honor the dozens and perhaps scores of Northern Paiute men, women, and children who were massacred by Nevada Cavalry on September 12, 1865.
Daylight was just breaking when we came in sight of the Indian camp. All were asleep. We unslung our carbines, loosened our six-shooters, and started into that camp of savages at a gallop, shooting through their wickiups as we came. In a second, sleepy-eyed squaws and bucks and little children were darting about, dazed with the sudden onslaught, but they were shot before they came to their waking senses…
We dismounted to make a closer examination. In one wickiup we found two little papooses still alive. One soldier said, “Make a cleanup. Nits make lice.”
The three tribes assert that all of Thacker Pass should be listed on the National Register of Historic Places.
Nevada tribes are seeking to add Thacker Pass, a culturally-important area slated for a lithium mine, to the National Register of Historic Places. https://t.co/roF71AYC86
“While Americans tend to focus on only the proud moments of American history, the shameful history of genocide perpetrated by the American government against Native Americas is nevertheless a broad pattern running throughout American history,” Michon Eben, the Reno-Sparks Indian Colony’s cultural resource manager, wrote in a 2022 letter to the U.S. Bureau of Land Management (BLM).
Eben added that the tribe “considers the destruction of its traditional cultural properties for another mine another act of genocide in the broad pattern running throughout American history.”
Indigenous advocates argue that victims of the 1865 massacre were never properly buried, that human remains and artifacts are still being discovered in Thacker Pass, and that federal authorities failed to properly consult tribes on the mine project in violation of the National Historic Preservation Act.
“Part of the federal government’s responsibility is to determine if a proposed mining project may adversely affect historic properties. Historic properties include Native American massacre sites,” Eben toldNevada Current. “The BLM failed in its trust responsibility to tribes and now our ancestors’ final resting place is currently being destroyed at PeeHee Mu’huh.”
“The BLM failed in its trust responsibility to tribes and now our ancestors’ final resting place is currently being destroyed.”
Will Falk, attorney for the Reno-Sparks Indian Colony and co-founder of Protect Thacker Pass—which set up a protest camp on the site of the proposed mine—accused BLM officials of lying about the massacre site being located outside the project area.
“The Biden administration and [Interior] Secretary Deb Haaland keep paying lip service to tribal rights and respect for Native Americans,” Falk toldLast Real Indians last year. “Well, now three federally recognized tribes are saying that BLM Winnemucca did not respect tribal rights. It’s time that BLM halts this project so the tribes can be heard.”
Tim Crowley, vice president of government affairs and community relations for Lithium Nevada, argued in a statement that “since we began this project more than a decade ago, we have been committed to doing things right,” and that Du’s ruling “definitively supported the BLM’s consultation process, and we are confident the ruling will be upheld.”
While global demand for lithium is surging, extraction of the metal can have devastating consequences, including destruction of lands and ecosystems and water contamination.
“Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal,” contends Max Wilbert of Protect Thacker Pass. “You can’t blow up a mountain and call it green.”
Please donate to support the case and fund legal costs!
Editor’s Note: The following is a press release by Roam Free Nation. It describes how the population of wild bison is being targeted and reduced in favor for the livestock industry. Once again, the needs of the natural world is being held secondary to the profit motive of businesses.
GARDINER, MT: On Friday, Yellowstone National Park submitted a report to IBMP.info (the website of the Interagency Bison Management Plan) revealing shocking numbers of Yellowstone’s bison – the country’s last wild migratory buffalo — who have been killed during the so-called hunt, slaughter, and removal for quarantine (domestication). At the time the report was issued, the number of buffalo eliminated from Yellowstone’s population stood at 1,024. That number increases daily, and it’s only early February. This is already the most deadly year for wild buffalo since 2017, and if the killing and capturing continues at this rate, these mis-management actions could remove a third to half of the population.
“This is a global travesty,” said Stephany Seay, co-founder of Roam Free Nation, a Montana-based wildlife and wild lands advocacy group. “This is the last wild, migratory population of American bison left in this country, beloved the world over, who once numbered nearly 70 million strong, and at the beginning of this winter there were barely 6,000. There are nearly 50,000 African elephants left in the world, and they are considered endangered and fiercely protected. Why is our country’s National Mammal not given the same concerns and protections?”
Yellowstone’s report to the Interagency Bison Management Plan (IBMP) can be reviewed here.
At the November Interagency Bison Management Plan meeting, Yellowstone National Park Superintendent Cam Sholly and lead bison biologist Chris Geremia spoke strongly for the small but growing bison population, stating that the park alone could sustain upwards of 10,000. They stood up to the Montana Department of Livestock that wants to drive the population down to 3,000 for the sake of convenience.
“So much for Yellowstone’s good words,” said Cindy Rosin, Board Secretary for Roam Free Nation. “They have shown that it’s just business as usual in Yellowstone, which means doing the dirty work for Montana’s livestock industry.”
“It is so disheartening to see a failed policy continue to be pursued, a policy that was abandoned decades ago for one species, but revived for other species today,” said Lee Fulton, Treasurer for Roam Free Nation. “Bison, elk, and wolves have all been subjected to a firing line mentality once they dare to cross Yellowstone Park’s boundary as they pursue their natural migration.”
Excessive hunting, which is essentially an extension of government slaughter, has claimed the lives of more than 500 wild buffalo in less than two months, with more dying every day. The infamous killing fields of Beattie Gulch in Montana’s Gardiner Basin have seen the worst of the killing spree, when large family groups migrate across Yellowstone’s northern boundary and are gunned down by state and tribal hunters. In the frenzy, many buffalo have been severely wounded and run for the shelter of the park, only to be euthanized by park rangers.
“I don’t know how anyone partnered with the IBMP could say they want more buffalo,” said Jaedin Medicine Elk, a Northern Cheyenne tribal member and co-founder of Roam Free Nation. “That sounds great at the IBMP meetings but looks way different in the field where actions are speaking louder than words. Beattie Gulch hunting field? More like Beattie Guts slaughter field. It’s different when you actually see buffalo you have a relationship with getting killed off. Family groups getting wiped out, pregnant moms young and old getting killed with their babies in gut piles.”
“The hunters are blind to the fact that they are being used as tools by the Montana Department of Livestock to do the bidding of the cattle industry, that opposes wild bison restoring themselves in their native Montana lands,” Seay said. “Anyone who has witnessed even a single day at Beattie Gulch understands this to be a slaughter, a massacre, and not a hunt at all. Just because you have a right, does not make it right.”
As the so-called hunt blasts on, Yellowstone National Park began capturing wild buffalo at their Stephens Creek capture facility, barely a mile from Beattie Gulch. To date, Yellowstone has captured and consigned to slaughter 88 buffalo, with another nearly 400 captured for possible quarantine (domestication).
“People are fooled by the government into thinking that quarantine will eliminate slaughter, which it doesn’t,” said Seay. “Quarantine is a domestication program based on a livestock paradigm, removing wild bison from their wild homelands, tearing apart their families, and ensuring they will never roam free again. It’s another false-positive the government is selling to the public and to tribes.”
At least 340 of the wild buffalo eliminated are adult females, most of them pregnant. Every conservationist knows that if you want to drive a population down, you kill the females. Much like elephants, buffalo are a matriarchal society, so the adult females are the teachers, the wisdom-keepers, the ones who teach even the bulls how to be a successful buffalo. Every hunter or government worker who takes an adult female puts the herds in deeper jeopardy.
The Yellowstone buffalo (bison) populations are the last continuously wild, migratory buffalo who have existed on the landscape since prehistoric times.
Roam Free Nation is a Montana-based, Native led wild buffalo, wildlife, and wild lands advocacy group who speaks from and represents the perspective of wild nature. Their representatives have over 50 years of combined experience in the field monitoring wild bison migration, documenting actions against them, and advocating on their behalf. Contact:
Stephany Seay, Co-founder, Roam Free Nation roamfreenation@gmail.com
Tribal Chairman: “It’s Our Responsibility to Protect Sacred Sites”
RENO, NV — The Thacker Pass Lithium Mine in northern Nevada is headed back to Federal Court on January 5th as the lawsuits against the project near completion, but project opponents are raising the alarm that Lithium Nevada Corporation has already begun work on the proposed mine.
Lithium Nevada’s workers at Thacker Pass have begun digging test pits, bore holes, dumping gravel, building fencing, and installing security cameras where Native Americans often conduct ceremonies. Lithium Nevada also conducted “bulk sampling” earlier this year, and may be planning to dig dozens of new test pits across Thacker Pass. They’re claiming this work is legal under previous permits issued over a decade ago. But Tribes and mine opponents, including the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe, disagree.
They point to language in the Final Environmental Impact Statement for the Thacker Pass Lithium Mine that says “authorization of [the mine] will terminate the [earlier permits].” The Federal permit for Thacker Pass was approved on January 15th, 2021.
Will Falk, attorney for the Reno-Sparks Indian Colony, explains: “Lithium Nevada told the government and the American public that it would terminate the older permits upon BLM’s approval of the Thacker Pass Project. Now they are going back on their word, it appears they are lying to get a headstart on building the Thacker Pass mine, and the BLM is allowing them to get away with it.”
Thacker Pass, known as Peehee Mu’huh in Paiute, is a sacred site to regional tribes whose ancestors lived in the area for thousands of years, and were massacred there on at least two occasions.
Michon Eben, Tribal Historic Preservation Officer at Reno-Sparks Indian Colony, says the site is incredibly important to Native American history. “Peehee Mu’huh is a sacred place where our ancestors lived and died. We still go there to pray, gather food and medicine, hunt, and teach our youth about the history of our people.” Eben and the Reno-Sparks Indian Colony are currently hosting an exhibit on the impacts of mining on Native people of Nevada.
Tribal members have stated in court filings that, because of the history of battles and massacres on the site, Thacker Pass is as significant to their culture as a site like Pearl Harbor is to American history. Arlan Melendez, Chairman of the Reno-Sparks Indian Colony, understands the importance of battle and massacre sites as both a Native American and as a U.S. Marine Corps veteran.
“As tribal leaders, it’s our responsibility to protect and honor our sacred places,” says Melendez. “Throughout US history, tribes have always been set up to lose in the US legal system against BLM. This Lithium Mine stands in the way of our roots and it’s violating the religious freedoms of our elders, our people.”
Falk, the Tribal attorney, says that Lithium Nevada’s construction activities at Thacker Pass are also violating tribal consultation rights.
“The Reno-Sparks Indian Colony and Summit Lake Paiute Tribe are still engaged in consultation with the BLM about the September 12, 1865 massacre site, a site that will be completely destroyed by Lithium Nevada’s mine if this project is built,” Falk says. “It’s hard to believe a government agency is consulting in good faith when they are already allowing the site to be harmed.”
Shelley Harjo, a tribal member from the Fort McDermitt Shoshone Paiute Tribe and an employee of the Reno-Sparks Indian Colony, has called the planned destruction of Thacker Pass “the biggest desecration and rape of a known Native American massacre site in our area.”
The upcoming January 5th hearing in Reno’s Federal Courthouse will be the final oral argument in the ongoing lawsuits against the Thacker Pass mine. Mine opponents are planning a march and rally outside. Plaintiffs, including the Reno-Sparks Indian Colony, Burns Paiute Tribe, four environmental organizations, and local rancher Edward Bartell, have alleged numerous violations of the law, and Judge Miranda Du is expected to issue her opinion in the case within days or weeks of the January 5th hearing.
“No matter what happens in court on January 5th, Thacker Pass is being destroyed right now and that threat will be ongoing,” says Max Wilbert, co-founder of Protect Thacker Pass. “We have to stop that.”
Lithium Nevada claims that its lithium mine will be essential to producing batteries for combating global warming, and the Biden administration has previously indicated some support for Thacker Pass. Opponents of the project have called this “greenwashing,” arguing that the project would harm important wildlife habitat and create significant pollution. They say that electric cars are still harmful to the planet.
Timeline
January 15, 2021 — Due to “fast-tracked” permitting under the Trump Administration, the Bureau of Land Management releases a Record of Decision approving the Thacker Pass mine less than a year after beginning the Environmental Impact Statement process. On the same day, Max Wilbert and Will Falk established the Protect Thacker Pass camp.
February 11, 2021 — Local rancher Edward Bartell files a lawsuit (Case No. 3:21-cv-00080-MMD-CLB) in U.S. District Court alleging the proposed mine violates the Endangered Species Act by harming Lahontan Cutthroat Trout, and would cause irreparable harm to springs, wet meadows, and water tables.
February 26, 2021 — Four environmental organizations (Basin and Range Watch, Great Basin Resource Watch, Wildlands Defense, and Western Watersheds Project) file another lawsuit (Case No. 3:21-cv-00103-MMD-CLB) in U.S. District Court, alleging that BLM violated the National Environmental Policy Act, Federal Land Policy Management Act, and other laws in permitting the Thacker Pass mine.
June 24, 2021 — The National Congress of American Indians (NCAI), the oldest and largest national organization of American Indian and Alaska Native tribal governments, calls on the Department of the Interior to rescind the permits for the Thacker Pass project.
Spring and Summer 2021 — Rallies, protests, and prayer runs take place in Orovada, Winnemucca, Reno, Carson City, and at Thacker Pass. More than 100 mine opponents gather at Thacker Pass to commemorate the 156-year anniversary of a September 12, 1865 massacre of at least 31 Northern Paiute men, women, and children committed by the 1st Nevada Cavalry. Thousands of people visit the site.
July 19, 2021 — The Reno-Sparks Indian Colony and Atsa koodakuh wyh Nuwu (People of Red Mountain) files a successful motion to intervene in Federal District Court (Case No. 3:21-cv-00080-MMD-CLB) alleging that the Bureau of Land Management (BLM) violated the National Historic Preservation Act (NHPA) in permitting the planned lithium mine.
August 2, 2021 — Burns Paiute Tribe files a motion to intervene on the side of tribal plaintiffs (Case No. 3:21-cv-00080-MMD-CLB).
September 15, 2021 — Bureau of Land Management accuses Will Falk and Max Wilbert of trespass for providing bathrooms to native elders at Thacker Pass, fining them $49,890.13.
October 8, 2021 — Eighteen native elders from three regional tribes request a BLM permit for their ceremonial camp. The BLM does not respond.
November 29, 2021 — The Reno-Sparks Indian Colony files an amended complaint in federal court alleging major previously unknown violations of the law. In January, Judge Miranda Du rejects the amended complaint because she wants to make a final decision on the case within a few months (note that the case has now continued for another calendar year).
February 11th, 2022 — Winnemucca Indian Colony files a motion to intervene in the lawsuit on the side of plaintiffs, claiming that BLM’s contention that they consulted with the Tribe is completely false. Judge Du rejects this motion shortly afterwards with the same reasoning used above.
August 2022 — BLM “discovers” five new historic sites at Thacker Pass and for the first time acknowledges the September 12, 1865 massacre took place, but continues to reject tribal expertise.
September 2022 — Lithium Nevada Corporation begins digging up portions of Thacker Pass for “bulk sampling” despite consultation still being ongoing between the Bureau of Land Management and regional tribes over cultural sites.
October 2022 — Dozens of mining activists from four continents visit Thacker Pass as part of the Western Mining Action Network biennial conference.
Contact:
Will Falk, Attorney for the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe
Bethany Sam, Reno-Sparks Indian Colony Media Relations
Max Wilbert, Protect Thacker Pass
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