Supreme Court Asked to Protect Habitat for Endangered Frogs

Supreme Court Asked to Protect Habitat for Endangered Frogs

Featured image: Dusky gopher frog courtesy USFWS

     by Center for Biological Diversity

NEW ORLEANS— From economists and scientists to religious leaders and business owners, dozens of groups this week submitted “friend of the court” briefs asking the U.S. Supreme Court to maintain protections for 1,600 acres of “critical habitat” designated in Louisiana for endangered dusky gopher frogs.

“It’s inspiring to see so many people eloquently urge our nation’s highest court to protect endangered wildlife,” said Collette Adkins, a Center attorney fighting in the Supreme Court for the frog’s protections. “While these folks represent a wide range of interests, they’re united in supporting these little frogs, their habitat protections and the Endangered Species Act. Like most Americans, these scientists, businesspeople and faith leaders recognize that imperiled animals need a place to live.”

The U.S. Supreme Court in January granted a “petition for certiorari,” filed by the timber company Weyerhaeuser, to reconsider a June 2016 decision from a three-judge panel of the 5th Circuit Court of Appeals that upheld a 2012 rule establishing the frog’s protections.

That rule protects 6,477 acres of critical habitat in Mississippi and Louisiana, including 1,600 privately owned acres of unoccupied frog habitat in St. Tammany Parish, Louisiana. The panel held that the U.S. Fish and Wildlife Service reasonably concluded that the St. Tammany Parish land is essential for recovery of the frogs, which are now confined to just three sites in southern Mississippi — with only one site regularly showing frog reproduction.

The “friend of the court” briefs, also known as “amicus briefs,” filed this week ask the Supreme Court to affirm the panel decision. Volunteer lawyers and law students wrote the briefs, in a coast-to-coast effort to represent scientists, legal experts and others with economic, scientific, moral and aesthetic interests affected by this case:

  • Landowners who value the presence of endangered species on their property and welcome efforts to preserve their habitats;
  • Faith-based groups recognizing a shared commitment, rooted in religious teachings and principles, to care for the earth and its species;
  • Scientists with expertise in conservation biology, including Stuart Pimm and E.O. Wilson;
  • Frog experts who study amphibian ecology and have expertise in conservation of gopher frogs;
  • Leading nonprofit conservation organizations with longstanding interests in protecting wildlife;
  • Environmental law professors with expertise in the Endangered Species Act;
  • Economists and law professors with expertise in economic theory, cost-benefit analysis, the valuation of environmental goods and environmental law and regulation;
  • Former leaders of the Department of the Interior, ranging from the Nixon administration through the Obama administration, who administered and enforced the Endangered Species Act; and
  • Small-business owners including ranchers, ecotourism entrepreneurs and artists, who make an economic case for biodiversity and stewardship.

The Center for Biological Diversity organized the amicus effort and, along with the Gulf Restoration Network, intervened in the case. Participating as parties in the litigation before the Supreme Court, the Center and GRN last week filed their brief in support of the frog’s habitat protections.

Background
The dusky gopher frog (Rana sevosa) is a warty, dark-colored frog with ridges on the sides of its back. When picked up, these frogs cover their eyes with their forefeet, possibly to protect their faces until predators taste their bitter skin secretions and release them. Gopher frogs spend most of their lives underground in burrows created by gopher tortoises — hence their name.

Once prevalent in Louisiana, Mississippi and Alabama, dusky gopher frogs are nearly extinct. More than 98 percent of longleaf pine forests — upon which the frog and many other rare animals depend — have been destroyed. Fire suppression, drought, pesticides, urban sprawl, highway construction and the decline of gopher tortoises have made this frog so rare it now lives in only a few small Mississippi ponds, with only one pond showing consistent frog reproduction.

In response to a Center lawsuit, the Fish and Wildlife Service listed the gopher frog as a federally endangered species in 2001. The lawsuit and advocacy by the Center also prompted the 2012 critical habitat designation at issue in the Supreme Court case. Additionally, in response to legal advocacy by the Center and Gulf Restoration Network, the agency released a final recovery plan for the frogs in 2015.

Book Excerpt: Acts of Commission: Indirect to Direct

Book Excerpt: Acts of Commission: Indirect to Direct

Editor’s note: The following is from the chapter “A Taxonomy of Action” of the book Deep Green Resistance: A Strategy to Save the  Planet.  This book is now available for free online.

     by Aric McBay

As we’ve made clear, acts of omission are not going to bring down civilization. Let’s talk about action with more potential. We can split all acts of commission into six branches:

  • lobbying;
  • protests and symbolic acts;
  • education and awareness raising;
  • support work and building alternatives;
  • capacity building and logistics;
  • and direct confrontation and conflict.

The illustration “Taxonomy of Action” groups them by directness. The most indirect tactics are on the left, and become progressively more direct when moving from left to right. More direct tactics involve more personal risk. (The main collective risk is failing to save the planet.) Direct acts require fewer people.

Chart: A Taxonomy of Action

Figure 6-1. Click for larger image.

The first, lobbying, is attempting to influence or persuade those in power through letter writing, petitions, declarations or “speaking truth to power,” protests, and so on. For the liberal, even atrocities are just big misunderstandings.29Lobbying informs those in power of their mistake (of course, since those in power are well-meaning, they will reform after being politely informed of their error).

Lobbying seems attractive because if you have enough resources (i.e., money), you can get government to do things for you, magnifying your actions. Success is possible when many people push for minor change, and unlikely when few people push for major change. But lobbying is too indirect—it requires us to try to convince someone to convince other people to make a decision or pass a law, which will then hopefully be enacted by other people, and enforced by yet a further group.

Lobbying via persuasion is a dead end, not just in terms of taking down civilization, but in virtually every radical endeavor. It assumes that those in power are essentially moral and can be convinced to change their behavior. But let’s be blunt: if they wanted to do the right thing, we wouldn’t be where we are now. Or to put it another way, their moral sense (if present) is so profoundly distorted they are almost all unreachable by persuasion.

And what if they could be persuaded? Capitalists employ vast armies of professional lobbyists to manipulate government. Our ability to lobby those in power (which includes heads of governments and corporations) is vastly outmatched by their ability to lobby each other. Convincing those in power to change would require huge numbers of people. If we had those people, those in power wouldn’t be convinced—they would be replaced. Convincing them to mend their ways would be irrelevant, because we could undertake much more effective action.

Lobbying is simply not a priority in taking down civilization. This is not to diminish or insult lobbying victories like the Clean Water Act and the Wildlife Act, which have bought us valuable time. It is merely to point out that lobbying will not work to topple a system as vast as civilization.

Protests and symbolic acts are tactics used mostly to gain attention. If the intent of an action is to obstruct or disrupt business as usual in terms of transportation, the enforcement of laws, or other economic and political activities, then it’s direct confrontation. If the protest is a rally for discussion or public education, it’s education and awareness raising (see the next section).

When effective, demonstrations are part of a broader movement and go beyond the symbolic. There have been effective protests, such as the civil rights actions in Birmingham, but they were not symbolic; they were physical obstructions of business and politics. This disruption is usually illegal. Still, symbolic protests can get attention. Protests are most effective at “getting a message out” when they focus on one issue. Modern media coverage is so superficial and sensational that nuances get lost. But a critique of civilization can’t be expressed in sound bytes, so protests can’t publicize it. And civilization is so large and so ubiquitous that there is no one place to protest it. Some resistance movements have employed protests, to show strength and attract recruits, but the majority of people will never be on our side; our strategy needs to be based on effectiveness, not just numbers.

All resistance groups engage in some type of education and awareness raising, often public. In the most repressive regimes, education moves underground. Propaganda, agitation, rallies, theater, art, and spectacle are all actions that fall into these categories.

For public education to work, several conditions must be met. The resistance education and propaganda must be able to outcompete the mass media. The general public must be able and willing to unravel the prevailing falsehoods, even if doing that contravenes their own social, psychological, and economic self-interest. They must have accessible ways to change their actions, and they must choose morally preferable actions over convenient ones. Unfortunately, none of these conditions are in place right now.

Another drawback of education is its built-in delay; it may take years before a given person translates new information into action. But as we know, the planet is being murdered, and the window for effective action is small. For deep green resisters, skills training and agitation may be more effective than public education.

Education won’t directly take down civilization, but it may help to radicalize and recruit people by providing a critical interpretation of their experiences. And as civilization continues to collapse, education may encourage people to question the underlying reasons for a declining economy, food crises, and so on.

Resistance movements need internal support structures to win. This may take the physical form of sustainable local food systems, alternative construction, alternative health care, and off-the-grid energy, transport, and communications. It may also include socially focused endeavors such as mutual aid, prisoner support, conflict resolution work, alternative economics, and intentional communities.

These support structures directly enable resistance. The Quakers’ Society of Friends developed a sturdy ethic of support for the families of Quakers who were arrested under draconian conditions of religious persecution (see Chapter 4: “Loyalty, Material Support, & Leadership”). People can take riskier (and more effective) action if they know that they and their families will be supported.

Building alternatives won’t directly bring down civilization, but as industrial civilization unravels, alternatives have two special roles. First, they can bolster resistance in times of crisis; resisters are more able to fight if they aren’t preoccupied with getting food, water, and shelter. Second, alternative communities can act as an escape hatch for regular people, so that their day-to-day work and efforts go to autonomous societies rather than authoritarian ones.

To serve either role, people building alternatives must be part of a culture of resistance—or better yet, part of a resistance movement. If the “alternative” people are aligned with civilization, their actions will prolong the destructiveness of the dominant culture. Let’s not forget that Hitler’s V2 rockets were powered by biofuel fermented from potatoes. The US military has built windmills at Guantanamo Bay, and is conducting research on hybrid and fuel-cell vehicles. Renewable energy is a necessity for a sustainable and equitable society, but not a guarantee of one. Militants and builders of alternatives are actually natural allies. As I wrote in What We Leave Behind, “If this monstrosity is not stopped, the carefully tended permaculture gardens and groves of lifeboat ecovillages will be nothing more than after-dinner snacks for civilization.” Organized militants can help such communities from being consumed.

In addition, even the most carefully designed ecovillage will not be sustainable if neighboring communities are not sustainable. As neighbors deplete their landbases, they have to look further afield for more resources, and a nearby ecovillage will surely be at the top of their list of targets for expansion. An ecovillage either has to ensure that its neighbors are sustainable or be able to repel their future efforts at expansion.

In many cultures, what might be considered an “alternative” by some people today is simply a traditional way of life—perhaps the traditional way of life. Peoples struggling with displacement from their lands and dealing with attempts at assimilation and genocide may be mostly concerned with their own survival and the survival of their way of life. And for many indigenous groups, expressing their traditional lifestyle and culture may be in itself a direct confrontation with power. This is a very different situation from people whose lives and lifestyles are not under immediate threat.

Of course, even people primarily concerned with the perpetuation of their traditional cultures and lifestyles are living with the fact that civilization has to come down for any of us to survive. People born into civilization, and those who have benefitted from its privilege, have a much greater responsibility to bring it down. Despite this, indigenous peoples are mostly fighting much harder against civilization than those born inside of it.

Every successful historical resistance movement has rested upon a subsistence base of some kind. Establishing that base is a necessary step, but that alone is not sufficient to stop the world from being destroyed.

Capacity Building and Logistics

Capacity building and logistics are the backbone of any successful resistance movement. Although direct confrontation and conflict may get the glory, no sustained campaign of direct action is possible without a healthy logistical and operational core. That includes the following:

Resistance groups need ways of recruiting new members. The risk level of the group determines how open this process can be. Furthermore, new and existing members require training in tactics, strategy, logistics, and so on. Some or all of that training can take place in a lower-risk environment.

Resistance movements of all kinds must be able to screen recruits or volunteers to assess their suitability and to exclude infiltrators. Members of the group must share certain essential viewpoints and values (either assured through screening or teaching) in order to maintain the group’s cohesion and focus.

Resisters need to be able to communicate securely and rapidly with one another to share information and coordinate plans. They may also need to communicate with a wider audience, for propaganda or agitation. Many resistance groups have been defeated because of inadequate communications or poor communications security.

Resistance requires funding, whether for offices and equipment, legal costs and bail, or underground activities. In aboveground resistance, procurement is mostly a subset of fund raising, since people can buy the items or materials they need. In underground resistance, procurement may mean getting specialized equipment without gathering attention or simply getting items the resistance otherwise would be unable to get.

Of course, fund raising isn’t just a way to get materials, but also a way to support mutual aid and social welfare activities, support arrestees and casualties or their families, and allow core actionists to focus on resistance efforts rather than on “making a living.”

People and equipment need access to transportation in order to reach other resisters and facilitate distribution of materials. Conventional means of transportation may be impaired by collapse, poverty, or social or political repression, but there are other ways. The Underground Railroad was a solid resistance transportation network. The Montgomery bus boycott was enabled by backup transportation systems (especially walking and carpooling) coordinated by civil rights organizers who scheduled carpools and even replaced worn-out shoes.

Security is necessary for any group big enough to make a splash and become a target for state intelligence gathering and repression. Infiltration is definitely a concern, but so is ubiquitous surveillance. This does not apply solely to people or groups considering illegal action. Nonviolent, law-abiding groups have been and are surveilled and disrupted by COINTELPRO-like entities. Many times it is the aboveground resisters who are more at risk as working aboveground means being identifiable.

Research and reconnaissance are equally important logistical tools. To be effective, any strategy requires critical information about potential targets. This is true whether a group is planning to boycott a corporation, blockade a factory, or take out a dam.

Imagine how foolish you’d feel if you organized a huge boycott against some military contractor, only to find that they’d recently converted to making school buses. Resistance researchers can help develop a strategy and identify potential targets and weaknesses, as well as tactics likely to be useful against them. Research is also needed to gain an understanding of the strategy and tactics of those in power.

There are certain essential services and care that keep a resistance movement running smoothly. These include services like the repair of equipment, clothing, and so on. Health care skills and equipment can be extremely valuable, and resistance groups should have at least basic health care capabilities, including first aid and rudimentary emergency medicine, wound care, and preventative medicine.

Coordination with allies and sponsors is often a logistical concern. Many historical guerilla and insurgent groups have been “sponsored” by other established revolutionary regimes or by states hoping to foment revolution and undermine unfriendly foreign governments. For example, in 1965 Che Guevera left postrevolutionary Cuba to help organize and train Congolese guerillas, and Cuba itself had the backing of Soviet Russia. Both Russia and the United States spent much of the Cold War “sponsoring” various resistance groups by training and arming them, partly as a method of trying to put “friendly” governments in power, and partly as a means of waging proxy wars against each other.

Resistance groups can also have sponsors and allies who are genuinely interested in supporting them, rather than attempting to manipulate them. Resistance in WWII Europe is a good example. State-sponsored armed partisan groups and other partisan and underground groups supported resistance fighters such as those in the Warsaw Ghetto.

Direct Conflict and Confrontation

Ultimately, success requires direct confrontation and conflict with power; you can’t win on the defensive. But direct confrontation doesn’t always mean overt confrontation. Disrupting and dismantling systems of power doesn’t require advertising who you are, when and where you are planning to act, or what means you will use.

Back in the heyday of the summit-hopping “antiglobalization” movement, I enjoyed seeing the Black Bloc in action. But I was discomfited when I saw them smash the windows of a Gap storefront, a Starbucks, or even a military recruiting office during a protest. I was not opposed to seeing those windows smashed, just surprised that those in the Black Bloc had deliberately waited until the one day their targets were surrounded by thousands of heavily armed riot police, with countless additional cameras recording their every move and dozens of police buses idling on the corner waiting to take them to jail. It seemed to be the worst possible time and place to act if their objective was to smash windows and escape to smash another day.

Of course, their real aim wasn’t to smash windows—if you wanted to destroy corporate property there are much more effective ways of doing it—but to fight. If they wanted to smash windows, they could have gone out in the middle of the night a few days before the protest and smashed every corporate franchise on the block without anyone stopping them. They wanted to fight power, and they wanted people to see them doing it. But we need to fight to win, and that means fighting smart. Sometimes that means being more covert or oblique, especially if effective resistance is going to trigger a punitive response.

That said, actions can be both effective and draw attention. Anarchist theorist and Russian revolutionary Mikhail Bakunin argued that “we must spread our principles, not with words but with deeds, for this is the most popular, the most potent, and the most irresistible form of propaganda.”30 The intent of the deed is not to commit a symbolic act to get attention, but to carry out a genuinely meaningful action that will serve as an example to others.

ESA Update: Victory Stands as USFWS Withdraws Appeal

ESA Update: Victory Stands as USFWS Withdraws Appeal

Featured image by Stephany Seay, Buffalo Field Campaign

     by Buffalo Field Campaign

On Monday, (June 25) our attorneys at Friends of Animals informed BFC that the US Fish & Wildlife Service has withdrawn their appeal, and Buffalo Field Campaign and Western Watersheds Project’s lawsuit victory will stand.

On January 31, 2018, U.S. District Court Judge Christopher R. Cooper ruled the Service violated the Endangered Species Act in finding that the imperiled bison did not warrant protection under the Act. With their appeal officially withdrawn, the Service now has to issue a new 90-day finding consistent with Judge Cooper’s opinion.

In his ruling, Judge Cooper said the Service couldn’t pick and choose science and ignore evidence that bison may be threatened. At the 90-day finding stage, Judge Cooper found the Service must credit evidence presented in our petition that bison may warrant listing as an endangered species.

The clock is now ticking for the Service to act and issue a new 90-day finding on our petition to list bison as an endangered species.

Deadly measles epidemic hits isolated Yanomami tribe

Deadly measles epidemic hits isolated Yanomami tribe

Featured image: The Yanomami are the largest relatively isolated indigenous people in the Amazon. © Fiona Watson/Survival

     by Survival International

A measles epidemic has hit an isolated Amazon tribe on the Brazil-Venezuela border which has very little immunity to the disease.

The devastating outbreak has the potential to kill hundreds of tribespeople unless emergency action is taken.

Pictures of Yanomami affected by the current measles outbreak. © Wataniba

The Yanomami communities where the outbreak has occurred are some of the most isolated in the Amazon.

The Yanomami have previously been ravaged by outbreaks of deadly diseases following invasions of their territory by gold miners.

The Yanomami have previously been ravaged by outbreaks of deadly diseases following invasions of their territory by gold miners. © Antonio Ribeiro/Survival

But thousands of gold miners have invaded the region, and they are a likely source of the epidemic. Despite repeated warnings, the authorities have taken little effective action to remove them.

In Brazil, at least 23 Indians have visited a hospital, but most of those affected are far from medical care.

Previous disease outbreaks killed 20% of the Yanomami in Brazil.

Previous disease outbreaks killed 20% of the Yanomami in Brazil. © Antonio Ribeiro/Survival

Survival International is calling for authorities in Venezuela to provide immediate medical assistance to these remote communities.

Survival’s Director Stephen Corry said today: “When tribal people experience common diseases like measles or flu which they’ve never known before many of them die, and whole populations can be wiped out. These tribes are the most vulnerable peoples on the planet. Urgent medical care is the only thing standing between these communities and utter devastation.”

The Venezuelan NGO Wataniba has released further details on the outbreak (in Spanish).

Red Willow Womyn’s Family Society

Red Willow Womyn’s Family Society

     by Cultural Survival

The Red Willow Womyn’s Family Society is a grassroots Indigenous nonprofit organization in the Cowichan Tribes First Nations territory of British Columbia, Canada. It was founded in 2009, as a small group of Hul’qumi’num women began weekly gatherings to talk about their lived experiences with daily systemic oppressions. Through these “sharing circles,” Red Willow women would help each other navigate their daily barriers, and the circle grew. Today, the Society acts as a support for the wider Hul’qumi’num community. Through cultural protocols and teachings, they support and advocate for one another and work to strengthen families and the role of mothers as sacred life-givers. Cultural Survival’s Keepers of the Earth Fund is supporting the Society’s Breaking the Code of Silence: Lifting the Voices of Hul’qumi’num Families Project, which serves Cowichan, Chemainus, Penelakut, Lyackson, Halalt and Lake Cowichan Tribes.

The community exists in a constant state of crisis, struggling with high rates of poverty, homelessness, addiction, suicide and domestic violence, which leaves families in a continuous state of child removal. The Society links the issues surrounding child apprehension directly to the systemic oppressions of poverty, intergenerational trauma, and archaic legislative policies that continue to echo Canada’s Residential School system, whose last institution closed as recently as 1996. The contemporary child apprehension model, under the Canadian Federal Ministry of Child and Family Development (MCFD), awards funding per child apprehended, perpetuating this historic cycle.

The Society claims that the residential school genocidal model is still entrenched in current legislation and policy practices at federal, provincial and local levels, and funding still incentivizes children being apprehended. Children are being removed by both internal (Lalum’utul’ Smun’eem/Cowichan Tribe Children and Family Services) and external governing bodies, like the MCFD, and placed into primarily dominant culture foster care families. In 2017, over 56 percent of all children in foster care in British Columbia were First Nations, even though Indigenous children make up only 9 percent of the child population in the province. The Chief Island Health Officer of Vancouver Island has repeatedly criticized the local MCFD office and staff, identifying “discrepancies in their decision-making process.”

The Society promotes cultural teachings (called Snuw’uy’ul) and engage Indigenous women and families in reconnecting with their Elders. They provide space for open dialogue, companion families, and mothers. Using home-based early interventions, they work to prevent child apprehension by building the capacity of parents and the family as a whole to ensure child safety by addressing the root causes of child endangerment, prior to apprehension. In addition, they engage in training, peer-to-peer mentorship and advocacy so that women and families are informed and prepared to navigate the Ministry and courts. Central to the Society’s work is the process of companioning women, assuring women’s right to have an advocate present—essential for a process that occurs in a language and context of highly unequal power which was not previously recognized. Advocacy for families has improved access and serves as a tool for Ministry accountability.

Through a grant from KOEF, the Society maintains its existing platform for the Hul’qumi’num community to raise their voices and be heard by the Ministry and government in order to address the cycle of child removal. They will implement the Breaking the Code of Silence Project through a process of holding meetings and public forums, creating increased understanding, engagement, peer-to-peer advocacy, to initiate systemic change.

Cultural Survival advocates for Indigenous Peoples’ rights and supports Indigenous communities’ self-determination, cultures and political resilience, since 1972.

Cultural Survival envisions a future that respects and honors Indigenous Peoples’ inherent rights and dynamic cultures, deeply and richly interwoven in lands, languages, spiritual traditions, and artistic expression, rooted in self-determination and self-governance.