Collapse Total: New Tactics and Strategies for the Climate Justice Movement

Collapse Total: New Tactics and Strategies for the Climate Justice Movement

Editor’s note: From the 15th to the 22th of November, in different countries, the Glasgow Agreement is articulating mobilizations, protests and blocks against one of the biggest oil & gas companies in the world: Total.

This story first appeared in Common Dreams.

By João Camargo

The social alliance to take on global capitalism must be global, radical, popular, tactically, and strategically focused, while at the same time flexible and imaginative.

Is climate collapse close to being averted? How close are we to winning? Is the climate justice movement organized to win? Are current strategies and tactics enough? What else do we need to try and how fast? The Glasgow Agreement, People’s Climate Commitment, is a global platform of grassroots and social movements for climate justice. It is planning on going after French multinational Total simultaneously all around the world this November, in an action called Collapse Total, and organising climate justice caravans in all continents next Spring.

As fossil fuel investment and projects jump from country to country, as their destruction-ridden profit keeps on building on the collapse of the climate, tactics and strategies on the global scale must be tried.

The climate justice movement is pursuing the task of taking on the entire global fossil industry, that is, global capitalism. Yet, as it remains mostly a group of dispersed, uncoordinated, and loosely connected movements, how can this task become achievable? Fossil capitalism has its fingers everywhere, in each government, every press agency, every media outlet and network, in anything that money can buy. It articulates its strategies, coordinates its wars and dictates the policies that have been dooming us to climate collapse. They have known about climate change since the 1960’s. They have coordinated for decades to spread misinformation to mislead Humanity and cut the essential action to prevent climate chaos.

The climate justice movement needs a lot of imagination to break the mold of its own business as usual, like most social movements that have gotten used to normality, procedure, method and repetition. To overcome these challenges, the movement needs to permanently test new tactics and strategies.

Collapse Total is focusing on one of the many and influential tentacles of fossil fuel capitalism. From the 15th to the 22th of November, in different countries, the Glasgow Agreement is articulating mobilizations, protests and blocks against one of the biggest oil & gas companies in the world: Total. This French multinational is neck deep into promoting the climate collapse, with mass investments in new fossil fuel projects, oil and gas fields, pipelines, offshore drilling, fracking destruction, tar sands and the destruction of lives and the livelihoods of millions of indigenous communities, peasants and every landscape they set their eyes on. They have spent billions to make trillions. They have hired armies of lobbyists, mercenaries, and political campaigners to keep oil and gas flowing, in whichever situation. They have known about their impact on the climate since at least 1971, yet have always promoted denialism. They are the glowing example of the fossil fuel multinational, dooming us while hiring public relations’ experts. It has recently changed its name to Total Energies, changed its logo and announced a net zero target for 2050. Yet, Total it is planning to drill around fifty exploratory oil and gas wells this year alone (in Nigeria, Ivory Coast, Namibia, South Africa, Kenya, Lebanon, Oman, USA, Bulgaria, Bolivia, two in Angola, two in Papua New-Guinea, two in Norway, two in Malaysia, two in Mexico, three in Cyprus, three in the UK, four in Brazil, four in Myanmar, six in Guyana and eight in Suriname).

Total is one of the biggest historical contributors to the climate crisis, with higher emissions than most countries in the world. With the pushback from climate protests in the last years, they have greenwashed themselves to try and look like something else, while pushing for EACOP, a new massive pipeline in Uganda and Tanzania, increasing the production oil and gas in war-devastated Iraq, prompting a military dictatorship in Myanmar or receiving full state protection in Northern Mozambique, while local communities are devastated by climate change and gas-related terrorism. They maintain their support for fracking in Vaca Muerta, Argentina, for tar sands in Canada and oil and gas all around. They never stopped. They never will. Unless they are forced to stop.

As fossil fuel investment and projects jump from country to country, as their destruction-ridden profit keeps on building on the collapse of the climate, tactics and strategies on the global scale must be tried.

Has a similar tactic to this been tried before? Shell Must Fall is probably the referential for going after a single company, with a strong focus on Royal Dutch Shell’s AGM in the Netherlands and its shareholders, with a focus on disrupting it to prevent the company from proceeding with its regular business by disrupting its administrative order. Collapse Total proposes to act in a broader sense, by going after Total’s infrastructures, headquarters, offices, banks and gas stations, with different tactics that fit local conditions.

This is, of course, only a small step, as there are dozens of other companies willing and able to take over Total’s place that need to be dismantled, and after this action, a thorough evaluation of its impact must be made. Will it be something to replicate, to adjust or to be written off the movement’s parafernalia of tools? Does it contribute to building up the movement and to weaken fossil capitalism? Only experience will provide the answer.

On the other hand, in the Spring of 2022, a great climate justice caravan will travel in different continents, crossing territories in the frontlines of the climate crisis and the climate justice struggles to directly connect to communities. Much like great historical political caravans—the Salt March, the Selma to Montgomery march, the World March of Women—this caravan will walk for hundreds of kilometers and talk to thousands of people, to bring the climate crisis and its connections to the capitalist system of destruction and oppression to the fore. It will signal top-emitting infrastructures in its path, pointing out the culprits for the current situation. It will look to broaden alliances, campaigns, connecting struggles and peoples to achieve an ever broader scope of action and a vision for the future.

The social alliance to take on global capitalism must be global, radical, popular, tactically and strategically focused, while at the same time flexible and imaginative. It must try, try and try until it finds the tools to win. It is quite an enormous task, to take on global capitalism, and it will need to be taken one step at a time, but there’s a deadline. We need to win before we are out of time.

Banner image by niOS at flickr (CC BY-NC 2.0)

Deep Sea Defenders Call to Action

Deep Sea Defenders Call to Action

FOR DECADES, LARGE CORPORATIONS HAVE POISONED RIVERS, DEVASTATED FORESTS AND DISPLACED COMMUNITIES, AND NOW THEY’RE RUSHING TO MINE MINERALS FROM THE LAST UNTOUCHED FRONTIER ON THE PLANET – THE DEEP SEA.

The deep-sea may be vast and unexplored, but it is incredibly important. It encompasses 75% of the ocean’s volume and is the largest and least explored of Earth’s biomes. Some scientists believe that the deep sea and its water column may be the largest carbon sink on Earth. Plus, new species are still being found there, and sometimes, entirely new ecosystems are discovered.

A UN body called the International Seabed Authority (ISA) is responsible for governing and protecting the deep seabed on behalf of humankind as a whole. In practice, the ISA Secretariat routinely prioritizes the interests of pro-mining governments and companies over the protection of our fragile ecosystems.

The Republic of Nauru turned the deep-sea mining world on its head this summer when it invoked Article 15, colloquially known as the Trigger, starting a 2-year countdown on the finalization of mining regulations for polymetallic nodules in areas beyond national jurisdiction.

Deep-sea mining has been given the go-ahead to commence in two years, after the tiny Pacific island nation of Nauru notified the UN body governing the nascent industry of plans to start mining.

The stakeholder consultation process is to provide the stakeholder community — citizens of the Republic of Nauru, scientists, government and non-governmental officials, industry representatives, and other interested members of the public — with the opportunity to discuss, review, comment, and guide revisions to the Nauru Ocean Resources Incorporated (NORI) Collector Test Environmental Impact Statement (EIS) received by the ISA. Stakeholder consultation is recommended by the ISA’s Legal and Technical Commission.

NORI (a wholly owned subsidiary of The Metals Company of Canada) Stakeholder Consultation Process concludes on Friday November 19, 2021

This is a call to action for people to SUBMIT comments on the Environmental Impact Statement for a Deep Sea Mining Test Collection. Exploratory mining is the first step towards exploitation of the deep sea. Until Nov 19th, we have the opportunity to submit comments on the Collector Test EIS, to show that there is widespread opposition to deep seabed mining. Please feel free to copy and paste the included comments into the entry fields within the NORI Collector Test consultation web page.

There are two categories: 1.General Comments 2. Specific Comments . So, for example, you can simply copy the ‘General Comments’, and paste them directly into the General Comments field.

To submit comments, follow this link: https://www.eisconsultationnauruun.org/

1. Scroll down to the form under the heading “Participate in the Stakeholder Consultation Process & Submit Written Comments”.

2. In the “specific comments” boxes, include the page number and section that correspond to the responses.

3. Copy and paste the responses below as a guideline or use them as a template to write your own comments.

General Comments

In light of the already-substantial research around deep sea disturbances due to mechanical strain, the proposed NORI-D collector test to be conducted within the Clarion-Clipperton Zone (CCZ), under the management of The Metals Company (TMC), should not be allowed to go any further.

The most notable, and comprehensive research to date being DISCOL (DIS-turbance and re-COL-onization experiment in a manganese nodule area of the deep South Pacific) conducted in 1989 by Hjalmar Thiel and his team of researchers.  In 2015, 26 years later, scientists returned to the DISCOL site located within the Peru Basin, and discovered that little to no life had returned to baseline levels — including characteristic animals such as sponges, soft corals, and sea anemones, amongst many others.  In the words of Thiel himself, “The disturbance is much stronger and lasting much longer than we ever would have thought.”  Over a quarter of a century later, and still next to no life has returned to the area where the tests were conducted.  It is clear that there is no feasible process which could in any way mitigate the kinds of disturbances created by the tests TMC wants to perform.

The Prototype Collector Vehicle (PCV) that will be used during NORI-D will, at the very least, totally disturb the top 1-10 cm of sediment on the sea floor in order to extract the polymetallic nodules.  This incredibly invasive process will rip apart benthic communities that have taken thousands of years to develop. Possibly even more destructive are the two sediment plumes that will result both from the PCV’s articulation (rolling, tracking, turning, sucking, and depositing fine sediment and crushed nodules) and the return pipe from the Surface Support Vehicle (SSV) where the unwanted fine sediment, warmed seawater, and crushed nodules will be returned to a depth of 1200 meters.  This agitated combination of silt and heavy metals will blanket, and coat countless organisms, preventing them from breathing, and eating.  It will also block bioluminescent light that some use to attract prey and find mates.  This is an unacceptable level of loss and disturbance, and the International Seabed Authority (ISA) must act unanimously to halt all such tests.    

The ISA has the historic opportunity to fulfill its mandate of “ensuring the effective protection of the marine environment from harmful effects that may arise from deep-sea-related activities.”  Without question, the NORI-D collector test will be harmful, and more importantly catastrophic to the living communities of megafaunal, macrofaunal, meiofaunal, and microbial organisms that live in the NORI-D test area, and beyond.  The campaign will not yield any further insight — the destructive, and long-lasting disturbances of polymetallic nodule collecting are unavoidable within the domain of seabed mining.

Indeed, even within the context of ALARP, or the mitigation of harms to ‘as-low-as-reasonably-possible,’ it would be hard to imagine a more devastating activity than seabed mining within the incredibly complex, and fragile ecosystem of the benthic-abyssal plains within the CCZ, and globally over any portion of the seabed.

Please act quickly to halt this test, and any subsequent proposals for such activities which will cause irreparable harm to the seabed and its living communities.

For the Specific Comments Section go to this link in Cryptpad:

https://cryptpad.fr/file/#/2/file/zAd+BRcK36hfgMPjxPd5MAak/

If you would like more information or to join in this fight email deepseadefenders@protonmail.com Facebook Deep Sea Defenders and Twitter @deepseadefender

This Amazon dam is supposed to provide clean energy, but it’s destroying livelihoods and unique species

This Amazon dam is supposed to provide clean energy, but it’s destroying livelihoods and unique species

This story first appeared in The Conversation.

By Brian Garvey and Sonia Magalhaes.

The Volta Grande region of the Amazon is a lush, fertile zone supplied by the Xingu River, whose biodiverse lagoons and islands have earned its designation as a priority conservation area by Brazil’s Ministry of the Environment.

But a recent decision by the Federal Regional Court in the state of Pará, Brazil, allows the continuing diversion of water from the Xingu River to the Belo Monte hydroelectric dam complex – rather than to local indigenous fishing communities. This is a disaster for the ecosystems and people of the Volta Grande.

Drowned trees in the midst of a riverbed
Damaged trees as a result of dam construction. Xingu Vivo, Author provided

The ruling, which reversed a temporary order for river diversion to be suspended, means that 80% of Xingu River flow will continue to be diverted away from the communities of Volta Grande. This impedes the main transport route for many indigenous people who live along the river and reduces fish diversity, compromising food security and livelihoods.

The decision also alters the river’s flood and ebb cycles. In addition to their importance for species’ reproduction and agriculture, these cycles guide local social, cultural and economic activity.

A river surrounded by deforested banks
Flooding and deforestation in the region has been linked to the Belo Monte complex. Verena GlassAuthor provided

According to the Federal Public Ministry, which is appealing the decision, this marks the seventh time the superior court has overturned previous legal decisions in favour of the construction and energy corporation Norte Energia, which owns Belo Monte.

Our team carried out research on the dam complex’s impacts in 2017 with the Brazilian Society for the Advancement of Science. We found persistent violations of the rights of traditional communities linked to Belo Monte, especially regarding their forced displacement from areas destined to form the dam’s reservoir.

In response, a spokesperson for Norte Energia said that the company has always operated in compliance with the environmental licensing for Belo Monte, and that all actions undertaken by Norte Energia were evaluated and approved by the environmental licensing agency IBAMA.

Belo Monte

Belo Monte is a hydroelectric complex formed by two dams. The first dam ensures sufficient water flow through the second one for electricity generation.

Marketed as supplying “clean energy”, the complex meets the industrial demands of the southern and north-eastern regions of Brazil. However, this appears to only refer to reductions in emissions, which themselves have been countered by evidence of increased greenhouse gas emissions from dams.

In response to these claims, the Norte Energia spokesperson said that hydroelectric power plants are expected to emit greenhouse gases. These emissions have been considered in Belo Monte’s Environmental Impact Assessment and are being compensated through initiatives including restoring local native vegetation and investments in conservation.

Deforested land under a cloudy sky
The Belo Monte complex under construction. Anfri/Pixabay

What’s more, the complex only generates 40% (4,571 megawatts) of its 11,233 megawatt capacity due to the large seasonal changes in flow rate of the Xingu River. A 2009 analysis predicted that the variability of the river’s flow – that reaches up up to 23 million litres per second under natural conditions – would result in unreliable energy generation and conflict over water use.

Although IBAMA judged in 2019 that efforts to mitigate the dam’s impact were insufficient to prevent marked ecological disruption, it permitted continuing diversion of water in February 2021.

As a result, the annual river cycles that sustained communities for generations have been destroyed along more than 120km of the Volta Grande.

A fisherman we interviewed warned, “These children of ours … won’t have the privileges that we had, and can learn nothing, I guarantee that. There’s nowhere for them now.”

The transformation of the region has resulted in the flooding of areas above the dam and droughts to areas below, as well as significantly decreased fish populations and destruction of fish nurseries.

Two images of fish held in person's hands
Adult individuals of the armoured cat-fish (Loricariidae) endemic to Xingu River show sunken eyes, lesions on the lips and fins, wounds on the skin and loss of teeth. André Oliveira Sawakuchi, Author provided

survey carried out by a team from the Federal University of Para in two areas shortly after the river’s flow was reduced also found the first signs of disappearance of organisms like “sarobal”: a type of vegetation that grows on rocks in the Xingu river bed, fundamental for the reproduction of many fish species.

A fisherwoman explained that sarobal “are resistant plants that when the river is flooded, they are submerged, but they do not die … sarobal has a lot of fruit and fish consume the fruit … I think almost every fish depends on it.”

Research found that these plants can withstand direct solar radiation, extremely high temperatures and cycles of severe drought, making their dwindling presence even more alarming.

An island in the middle of a river
The habitat of the sarobal, a plant vital for many river species. Yuri Silva (CC BY-NC-ND 4.0)

Second project

The exploitation of this stretch of the Xingu River has been exacerbated by a second threat to the Amazonian ecosystem. The planned construction of Brazil’s largest open-pit gold mine within the Belo Monte dam area by Canadian company Belo Sun has been criticised for providing environmental impact assessments that allegedly ignore serious environmental contamination and violations of indigenous rights.

Now, groups campaigning against this project say they are subject to violent threats, although it has not been established who is behind this. A local resident explained to researchers: “Here we feel intimidated. The guys are really well armed, while we work just with our machete and our hoe.”

These claims appear to illustrate the stark power inequities in this region of Pará – the region with the highest number of attacks on indigenous leaders in Brazil in recent years – as well as the broader social consequences of energy creation schemes.

At the time of publication, Belo Sun had not responded to a request for comment on points raised in this article.

Banner image:  International Rivers/Flickr (CC BY-NC-SA 2.0)

Experts see no way back for NZ firm blocked from trying to mine the seabed

Experts see no way back for NZ firm blocked from trying to mine the seabed

This story first appeared in Mongabay.

By  Elizabeth Claire Alberts

  • The New Zealand Supreme Court recently blocked consent for a seabed mining operation that would annually extract 50 million tons of iron ore from the seabed off the coast of South Taranaki.
  • Environmentalists see this decision as a clear victory, but the mining company has stated its intention to reapply for mining permission.
  • But experts say it’s unlikely the company, Trans-Tasman Resources Limited (TTR), will be able to regain consent due to fundamental issues with its application, such as the distinct lack of baseline studies on resident marine life and the potential impacts of mining.
  • Conservationists say seabed mining in this part of New Zealand would cause irreversible damage to the ecosystem and threaten many rare and endangered species.

Conservationists have expressed hope that a New Zealand company whose bid to mine the seabed was blocked by the country’s highest court last month has little chance of winning approval.

The Supreme Court of New Zealand ruled unanimously on Sept. 30 to block consent for the mining operation that would extract millions of tons of iron ore from the seabed off the coast of South Taranaki on the nation’s North Island. Experts say that the decision was primarily based on the finding that mining company Trans-Tasman Resources Limited (TTR) could not illustrate that its activities would not cause “material harm” to the environment.

While TTR seems confident that it will be able to reapply for mining consent, conservationists who have spent years campaigning against seabed mining in New Zealand say the company will not find an easy path due to fundamental issues in its application. For instance, they point out that TTR’s most recent application lacked studies about resident marine life and the impacts of mining on species and the overall ecosystem.

“The company hadn’t done its homework,” Cindy Baxter, chair of Kiwis Against Seabed Mining (KASM), one group that opposed the mining application, told Mongabay in an interview. “It didn’t even have baseline data for where it wanted to mine, so no one can even measure what the [impacts] would be if it went ahead.”

Duncan Currie, an international environmental lawyer who acted as counsel to KASM and Greenpeace Aotearoa, said it would be “extremely difficult” for TTR to get its application reapproved due to this lack of baseline data. He added that researching to obtain this data would be like “throwing the money away” since it would still be unlikely for TTR to prove that mining would not cause material harm to marine life.

South Taranaki coast near Patea, New Zealand. Image by Phillip Capper / Flickr.

TTR’s application proposed to extract 50 million tons of iron-rich sand from a 66 -square -kilometer (23-square-mile) area of the seabed each year over a period of 35 years. But it would take just take 5 million tons of iron-ore each year and dump the remaining 45 million tons of sand back into the ocean.

Conservationists say the mining would have caused irreversible damage to the environment by smothering sensitive rocky coral reef systems with sediment plumes. Mining residue and noise pollution could also threaten the survival of many species, including New Zealand’s little blue penguins (Eudyptula minor) and critically endangered Māui dolphin (Cephalorhynchus hectori maui), experts say. The region has also recently been recognized as a foraging ground for a newly identified population of pygmy blue whales (Balaenoptera musculus brevicauda).

In the lead-up to the Supreme Court decision, there were weeks of hearings and submissions by conservation groups such as KASM and Greenpeace Aotearoa, iwi (Maori tribes), independent scientists and even the fishing industry.

“I’ve campaigned on bottom trawling, and there we were hand in hand with the fishing industry,” Baxter said. “But the fishing industry can see the potential impact to their business … and I think we won really in the process because our environmental arguments were so strong.”

In 2017, New Zealand’s Environmental Protection Agency granted TTR consent on its application to mine the seabed off the coast of South Taranaki. But in 2018, New Zealand’s high court reversed the EPA’s decision. TTR then made an appeal to New Zealand’s court of appeals, but the company was not successful.

“What was interesting there is that the [decision-making] committee specifically said in the recommendation [for the first application] that the applicant should go back and do some of these studies because basically, they hadn’t done [them],” Duncan said. TTR’s latest application still lacked these baseline studies, but did include “new plume modeling,” according to Duncan.

The new plume modeling suggested that the sediment would not cause as much harm to the marine environment as previously thought. Yet Phil McCabe, the Pacific liaison for the Deep Sea Conservation Coalition, told Mongabay that the modeling was “questionable.”

TTR did not respond to Mongabay’s request for comment. But in a statement published shortly after the Supreme Court’s decision, Alan J. Eggers, executive chairman of TTR, said the company was “satisfied” with the court’s decision since it would have the opportunity to reapply.

If TTR does resubmit an application for mining, Baxter said, it will face the same opposition from environmental groups, scientists, iwi and the fishing industry.

“We’re not going to go away,” she said. “We’re not going to suddenly give up and not bother to oppose any application. We’re going to be there every single step of the way.”

McCabe said a way to ensure that deep-sea mining will not occur in the future is for New Zealand to enact a total ban on the activity.

“The world views us as a country that has a pretty strong moral compass for the environment,” McCabe said. “So I think it’s appropriate for us to stand in place of caution on this issue.

Only a few other nations have pursued plans to allow seabed mining within their territorial waters, although none of these ventures have been allowed to proceed due to environmental concerns. For instance, in 2018, the Mexican government rejected a permit for Exploraciones Oceanicas, a subsidiary of U.S.-based Odyssey Marine Exploration, to start mining for phosphate in the seabed of Mexico’s exclusive economic zone, due to the damage it could cause to habitat for loggerhead turtles, gray whales and humpback whales, as well as local fishing grounds. And in Namibia, the high court recently found the company Namibian Marine Phosphate in breach of its license when it conducted trial mining, which put a halt to its activities.

In 2019, the now-defunct company Nautilus received the first ever license to begin seabed mining in Papua New Guinea (PNG) and started exploratory drilling near a network of hydrothermal vents. But before Nautilus could start extracting any minerals, the company went bankrupt, leaving the PNG government with millions of dollars of debt and the local marine environment severely damaged. David Heydon, the former CEO of Nautilus, went on to found Canada-based company DeepGreen, which recently became The Metals Company when it merged with NASDAQ-listed Sustainable Opportunities Acquisition Corporation.

While seabed mining in nations’ territorial waters faces delays, there is a move to start mining in international waters within the next two years. The Pacific island nation of Nauru, which sponsors the Nauru Ocean Resources Inc. (NORI), a subsidiary of The Metals Company, recently triggered a “two-year rule” that would require the International Seabed Authority (ISA), the U.N.-mandated body overseeing seabed mining in international waters, to allow mining to commence with whatever rules and regulations are in place by then.

There is considerable opposition to deep-sea mining in international waters from scientists, conservationists, governments and civil society. At last month’s congress of global conservation authority the IUCN in Marseille, France, delegates voted overwhelmingly in support of a motion that called for a moratorium on deep-sea mining and the reform of the ISA. Government agencies from 37 states voted in favor of the motion, including Germany, a sponsoring state for a deep-sea mining company.

“There’s a number of things that are stacking up in favor of a moratorium,” McCabe said. “And this New Zealand case is another solid, concrete example of this activity being shown to be too destructive.”

Elizabeth Claire Alberts is a staff writer for Mongabay. Follow her on Twitter @ECAlberts.

Every Day Is Columbus Day

Every Day Is Columbus Day

Editor’s note: Colonialism has not ended. It is in full force. It is what civilization does. For this to end, governments must give the Land Back. All BLM, Forests and Park land should be returned to the sovereign Nations it was stolen from. Turtle Island is Treaty Land, ceded or unceded. Treaties are the Supreme Law of the Land and must be honored. Australia just returned more than 395,000 acres of land to the Eastern Kuku Yalanji people. It included the Daintree National Park which is believed to be the oldest living rainforest in the world. Protections for the Bears Ear National Monument are being reinstated and management of the 1.3 million acres will be placed back into indigenous management.
Rightful Lands, Rightful Hands!

This story first appeared in Common Dreams.

What Columbus achieved through bloodshed and savagery is now accomplished with paper weapons wielded in a federal court.

By KAREN BRESLIN

As Colorado and other states eliminate Columbus Day as a holiday, it might seem as if our society has begun to repudiate the legacy of a slave trader/explorer who fed Spain’s lust for gold by trafficking in, and annihilating, native peoples. In truth, we continue to celebrate it.

We celebrate it every time the desires of the dominant culture override the concerns of native peoples about destruction of their homelands and sacred sites. Despite relentless legal and political resistance from affected tribes, Canadian oil that is produced by converting forests to sand pits recently began flowing through the Enbridge Line 3 pipeline.

The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.

Earlier this year, a federal court ordered the federal government to reassess the environmental impacts of the Dakota Access Pipeline, yet the Biden administration is allowing it to continue to operate.

In the coming days, it is likely that, over the objections of native people, including the Fort McDermitt Paiute-Shoshone Tribe and Atsa Koodakuh Wyh Nuwu/People of Red Mountain, backhoes will claw into Thacker Pass, Nevada, a relatively pristine desert landscape and site of a U.S. Cavalry massacre of Paiutes. Thacker Pass contains the largest lithium reserves in the United States. The mine will destroy nearly 5,700 acres to fuel the “green energy” revolution touted by advocates of the Green New Deal.

Affected tribes and native activists asked U.S. District Court Judge Miranda Du to stop the excavation, which she declined to do. The federal-agency defendants “do not dispute that the Tribes consider the entire Thacker Pass area sacred,” Judge Du stated. Regardless, she noted that the tribes lack the “right to prevent all digging in the entire Project area” and instead are entitled only to consultation with U.S. officials.

What Columbus achieved through bloodshed and savagery is now accomplished with paper weapons wielded in a federal court.

Judge Du’s blunt statement about the toothless legal recourse available to tribes also reveals the white supremacy embedded in federal law. In 1823, in Johnson v. McIntosh, Justice John Marshall cited the “superior genius” of Europe as justification for federal dominance over native nations. Marshall acknowledged how “extravagant the pretension of converting the discovery of an inhabited country into conquest may appear.” Still, “if the principle has been asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it; if the property of the great mass of the community originates in it, it becomes the law of the land and cannot be questioned.”

Nearly 200 years after Marshall invoked the “Doctrine of Discovery,” the fundamental relationship between native nations and the U.S. government is unchanged. Despite occasional pledges from presidents to honor native rights, those promises are mostly gimmicks designed to distract from the day in, day out policy choices that undermine native rights through federal approval of projects like the Thacker Pass lithium mine and the Dakota Access and Enbridge pipelines.

The Obama administration endorsed the UN Declaration on the Rights of Indigenous Peoples, which requires states to obtain “free, prior and informed consent” before taking actions that affect native peoples, yet that endorsement has had no effect on approval of massive projects so destructive to native lands. For this reason, the Biden administration should immediately enforce those protections in federal permitting decisions. The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.


Karen Breslin is an attorney and teaches political science at Metropolitan State University of Denver.

“People vs. Fossil Fuels’’: Winona LaDuke & Mass Protests Call on Biden to Stop Line 3 Pipeline

“People vs. Fossil Fuels’’: Winona LaDuke & Mass Protests Call on Biden to Stop Line 3 Pipeline

This piece was first published at Democracy Now!

 

 

By AMY GOODMAN

In response to the completion of the contested Line 3 pipeline, which is now reportedly operational, thousands of Indigenous leaders and climate justice advocates are kicking off the “People vs. Fossil Fuels’’ mobilization, an Indigenous-led five-day action of civil disobedience at the White House to demand President Biden declare a climate emergency, divest from fossil fuels and launch a “just renewable energy revolution.” “This pipeline doesn’t respect treaty rights,” says Winona LaDuke, longtime Indigenous activist and founder of Honor the Earth, a platform to raise awareness of and money for Indigenous struggles for environmental justice. “They’re just trying to continue their egregious behavior. It’s so tragic that, on the one hand, the Biden administration is like, ’We’re going to have Indigenous Peoples’ Day, but we’re still going to smash you in northern Minnesota and smash the rest of the country.’” LaDuke faces criminal charges linked to her protest of pipelines in three different counties.

Transcript

This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: This is Democracy Now!, as we continue to talk about Indigenous action to save our Earth. This week, thousands of Indigenous leaders and climate justice advocates are expected to participate in a historic five-day massive action of civil disobedience at the White House to continue to pressure President Biden to declare a climate emergency, divest from fossil fuels and launch a, quote, “just renewable energy revolution.”

The “People vs. Fossil Fuels” mobilization, led by the Indigenous Environmental Network, 350.org, Sunrise Movement, the Center for Biological Diversity and others, comes as Canadian pipeline company Enbridge has completed the construction of its contested Line 3 crude oil pipeline in northern Minnesota. The pipeline is reportedly now operational, violating the treaty rights of local Indigenous communities. Line 3 is set to carry over half a million barrels of tar sands oil every day from Alberta, Canada, through Minnesota to the tip of Lake Superior in Wisconsin, threatening sacred wild rice watersheds in Minnesota, local waters and lands, and doubling Minnesota’s greenhouse gas emissions.

Indigenous leaders and land and water defenders, who have been resisting Line 3 for years, often putting their own bodies on the line, vowed to continue the fight against the pipeline. Last week, a small group of water protectors confronted Minnesota Senator Amy Klobuchar at a fundraising event, where advocates say plates cost $1,000 a person, demanding her to take action against Line 3.

WATER PROTECTOR: We’re asking you to call on President Biden to stop Line 3. It has a higher carbon footprint than the entire state of Minnesota. And this climate crisis — I mean, you saw Hurricane Ida. You saw how many people died. And we just really need you to call on him and ask him to stop it.

AIDE: Excuse us.

SEN. AMY KLOBUCHAR: Thank you. Yes, I know about the concern.

WATER PROTECTOR: Because you have so much power. You have so much power.

SEN. AMY KLOBUCHAR: I’ve brought those concerns to him. Thank you.

WATER PROTECTOR: And as a young person, the climate crisis is a thing that really concerns me, and stopping Line 3. We can’t have climate justice without you stopping Line 3 and asking President Biden.

SEN. AMY KLOBUCHAR: Thank you.

WATER PROTECTOR: I know that you don’t have a vote, and I know that you can’t vote in the Senate to stop Line 3. But President Biden has that power. And you have the power.

AMY GOODMAN: “You have the power.” More than 900 water protectors have been arrested over their resistance to Line 3, with some protesters facing felony charges as they were brutalized by police. Some water protectors also reported being denied medical care and being placed in solitary confinement after their arrests. Well, The Guardian newspaper revealed last week that Enbridge paid Minnesota police $2.4 million in reimbursements, all costs tied to the arrests and surveillance of hundreds of water protectors, including officer training, wages, overtime, meals, hotels and equipment for the local police, paid for by an international corporation.

For more, we’re joined in Ponsford, Minnesota, by Winona LaDuke, longtime Indigenous activist, who’s been organizing for years to block Enbridge Line 3. She lives and works on the White Earth Reservation in northern Minnesota, is executive director of Honor the Earth. Her piece for the Minneapolis Star Tribune is headlined “Line 3 opponents can savor this defeat.” Her latest book, To Be a Water Protector.

Winona, welcome back to Democracy Now! So, if you can talk about these latest revelations of this Canadian company paying the local police to arrest you all, and also what it means that Enbridge says Line 3 is operational?

WINONA LADUKE: [inaudible] Enbridge’s Line 3 is operational will say that they’ve been hurrying really fast because the federal court has yet to rule on whether Enbridge has any ability to move forward. There’s no federal environmental impact statement on this project, which is why we want Joe Biden to stop it. I mean, they stole 5 billion gallons of water, fracked 28 rivers out, and then they have this broken aquifer losing 100,000 gallons a day of water. They have no idea how to fix this stuff, since January. You know, it’s really horrible up here. So, you know, Enbridge has been trying to rush to get this online before the court will rule against them, because, generally, courts have not ruled in favor of pipelines. That’s the status that we have seen, you know, in the federal court ruling on the DAPL, where the federal court ordered them to close down. This is the same company. Enbridge was 28% of DAPL. And when the federal court ordered them to close down the pipe, they said no. When the state of Michigan ordered them to close down a pipe this last May, they said no. So they’re just trying to continue their egregious behavior.

It’s so tragic that, you know, on one hand, the Biden administration is like, “We are going to have Indigenous Peoples’ Day, but we’re still going to smash you in northern Minnesota and smash the rest of the country.” Same thing, you know, Klobuchar and Smith, the two Minnesota senators, shameful their lack of courage, not only for Indigenous people but for the planet, you know?

So Enbridge is trying to get that oil out. In the meantime, it’s a disaster up here. I’m still up here monitoring the line and monitoring what’s going on, because it’s crazy. And just to say, they don’t have Indigenous Peoples’ Day apparently in Becker County, because have a court date today. So, you know, no break for Indigenous people. You could still go to court. You know, it’s just insane up here.

AMY GOODMAN: So, how does your activism change now that it’s supposedly operational, the pipeline? And what exactly does it mean? For people who aren’t familiar with Line 3, talk about its course, from Canada through the United States, and why you’re so concerned about this particular pipeline.

WINONA LADUKE: OK. Well, first of all, the pipeline is 915,000 barrels a day of oil. That’s a lot of oil that’s going to move through it, if they get their way. And that oil, like, this is the last tar sands pipeline. Now, how we know this is the last tar sands pipeline is that our alma mater — remember, Amy, when we were at Harvard trying to get them to divest in South Africa? No, but they just are divesting in fossil fuels. Everybody is fleeing the tar sands. And it’s an industry that’s at its end. Like, Canada needs to quit trying to breathe life into the tar sands and breathe life into boarding schools and residential schools. They need to just stop being the criminals that they are.

You know, so, forcing them — they’re four years behind schedule, if they get to oil. And in that four years behind schedule, the industry is falling apart. There’s no new investment in tar sands infrastructure. And it’s the dirtiest oil in the world. Then add to that the fact that the company can’t even get insurance for its pipeline. Like, I’m just trying to understand what kind of fiscal responsibility exists in the state of Minnesota, that Enbridge divulged a couple of weeks ago that they can’t get insurance for their pipeline. And so, you have an accident, it’s going to be just like Bhopal and Union Carbide. These guys are going to pack up and go back to Canada. You know, I mean, it is a really horrific situation. And, you know, the impact of it is so wrong. You know, I mean, it’s not only the equivalent of 50 new coal-fired power plants, but right now our rivers are dry. They took 5 billion gallons of water from the north. Enbridge and the Walz administration are climate criminals.

And the Biden administration needs to stand up. You know, on one hand, I’m looking at Joe Biden, and I’m so grateful. Like, Bears Ears, that was the right thing to do, you know, to get back and to be the people that are supporting Indigenous people and Land Back. Let’s go, Joe. Let’s go. Let’s go, Joe. You know, 80 million acres of national parks stolen from Indian people, let’s start returning those, too, along with creating new national parks. We could just start returning land that was stolen. That would be a great step.

And then, actually, when you have Indigenous people in your administration, Joe, like Deb Haaland or maybe Jaime Pinkham at the Army Corps of Engineers, let them do their job, instead of having politics, oily politics, intervene. You know, I know that Deb Haaland does not support this pipeline. No sane person supports this pipeline. Only people who want to take oil money from Canadian multinationals support this pipeline. And I know that Jaime Pinkham, assistant in the Army Corps of Engineers, came up here, came up and visited, and saw what was going on and the disaster.

Our tribes have sued, you know, trying to stop this, sued in federal court. That federal court hearing is yet. And our tribes also have a tribal court hearing, where the federal courts have ordered Enbridge to come to our court, because we say that they’re climate criminals and they’re destroying the rights of wild rice. Actually, the state DNR has been ordered into tribal court.

You know, so, Joe, if you appoint Indian people, don’t just make them pretty Indian people that sit in your administration. Let them do their job. Indigenous thinking is what we need in the colonial administration. That’s when change happens.

AMY GOODMAN: As we wrap up, Winona, in August, you met with the U.N. special rapporteur on human rights defenders to share the police violence suffered by water protectors protesting the Line 3 construction site. And now we are learning just how much money the Canadian corporation gave to the local police to do the arrests, to do the training, etc. What happened with the U.N. rapporteur?

WINONA LADUKE: The U.N. rapporteur has asked the United States a bunch of questions and is expecting a response on what exactly the United States is planning to do to protect the human rights of Indigenous peoples, because this pipeline does not respect not only treaty rights, but, you know, when you get 900 people arrested and they’re brutalized with all kinds of — you know, I mean, it is torture. Some of what was done to these people is classified as it’s excessive force. So, the United Nations has called to task the United States on the Enbridge pipeline. And so, on Indigenous Peoples’ Day, that’s part of what we are saying, too, is it’s a time to account.

And I just want to say that this isn’t just like our problem, because the Enbridge model — like, first of all, Canadian multinationals kill people in Third World countries. That’s what they do. You know, that is known. Seventy-five percent of the world’s mining corporations are Canadian, and all through Latin America there’s human rights violations. This is no different. This is a Canadian multinational and Indigenous people. And two years ago, we told Attorney General from Minnesota Keith Ellison that this was going to be a problem. You know, we have had no action. And instead what we have is our rights continue to be violated. And, you know, I’ve got charges in three counties, more probably coming soon. I mean, this is like —

AMY GOODMAN: What do you face?

WINONA LADUKE: And this is a national problem, because the Minnesota model is being considered nationally, that corporations should finance your police. And that is — you know, in any way you look at it, that’s definitely a violation of the public trust, to have corporations financed by the police. And the Minnesota —

AMY GOODMAN: What charges do you face, Winona?

WINONA LADUKE: I’ve got trespassing, obstruction. I think I’ve got some public safety, you know, causing public safety problems because cops could have been doing something else instead of monitoring people on the pipeline. A lot of trespassing charges — Aitkin, Hubbard, Wadena County. I’ve got charges in three counties so far.

AMY GOODMAN: Well, best of luck to you today in court, Winona LaDuke, longtime indigenous activist, executive director of Honor the Earth, speaking to us from northern Minnesota.

When we come back, we look at the Russian journalist who was just awarded the Nobel Peace Prize on Friday. Stay with us.

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