The town of La Merced de Buenos Aires, in Ecuador, gained notoriety when it was invaded by illegal miners in 2017; for almost two years, the area was plagued by violence, prostitution and drug addiction.
Authorities evicted the miners in 2019, but now the land may become home to legal mining operations, which many residents emphatically oppose.
More than 300 people spent over a month blocking the path of the machinery, trucks and employees of Hanrine Ecuadorian Exploration and Mining S.A.
The Ombudsman’s Office warns that confrontations will arise and has called on local, regional and national authorities to take immediate action.
This article originally appeared in Mongabay. Featured image: This mountain in the parish of Buenos Aires was the epicenter of illegal mining between 2017 and 2019. Image by Iván Castaneira/Agencia Tegantai.
In 2017, the name “La Merced de Buenos Aires,” or simply “Buenos Aires,” became famous throughout Ecuador. This small parish located high in the Andean province of Imbabura was invaded by illegal miners who quickly took control of the mountains.
Giant mining camps made up of plastic tents garnered media attention, and the illegal nature of the mining brought violence, fear, and hopelessness to the area. The population that traditionally lived there cried out for help so that their territory would return to the tranquility that had characterized it in the past.
Several residents interviewed by Mongabay Latam say the gold rush attracted people from Peru, Venezuela, Colombia and southern Ecuador who intimidated the community. Former fighters from the now-dissolved FARC guerrilla group in Colombia even began to collect “vaccinations” — protection payments in exchange for not infringing upon them — and started to suppress the community in an attempt to dominate the illegal mining business.
In July 2019, 1,102 police officers, 1,200 soldiers and 20 prosecutors arrived in the area as part of an operation called “Radiant Dawn” (“Amanecer Radiante”). In the first few days of the raid, they managed to remove about 3,000 people from the mining camps. The operation also dismantled 30 gold-processing plants and a complex system of pulleys for transporting the gold. According to María Paula Romo, the minister of government at the time, the illegal gold trade in Buenos Aires was valued at about $500,000 per week.
For almost a year, an apparent sense of peace fell over the community. But in 2020, residents realized their land was being considered as a potential mining site again — this time in search of copper — by a company owned by an Australian firm. Since November 2017, the company has obtained eight mining titles in the area, one of which overlaps with the illegal mining area. The situation became increasingly tense in April, when more than 300 residents of Buenos Aires staged a protest on the outskirts of the parish in an attempt to stop the company’s trucks and machinery from starting mining activity in the territory.
Mining company sues dozens of people
The residents of Buenos Aires have declared their resistance. They say that since 2017, they have been invaded by illegal mining in this area, which has traditionally been dedicated to agriculture and cattle ranching. Now that legal miners want to exploit the land, many residents say they do not want any further involvement with mining.
The problem, according to a resident who asked not to be named for fear of retaliation, is that the resistance movement has generated a stigma. “They told us that we are illegal miners and that we do not want legality because we want to return to what is illegal. But this is false,” the resident said.
Natalia Bonilla, from the organization Acción Ecológica, says that when her organization began to work with the residents, they realized that the portrayal of the community members as illegal miners was not truthful. “It is a community of farmers, ranchers and agricultural people that was invaded by illegal miners. They marked them as illegal miners and made them invisible,” Bonilla said.
Favio Ocampo is the head of operations of Hanrine Ecuadorian Exploration and Mining S.A., the company that holds the mining titles and is a subsidiary of Australian company Hancock Prospecting. Ocampo said in an interview with Primicias, an Ecuadoran media outlet, that “there is a group of residents of La Merced de Buenos Aires that is polluting with illegal mining and that is now disguising itself as an anti-mining group. This group has taken the entrance to La Merced de Buenos Aires, claiming that the town is against legal and illegal mining, but they are the same [ones who] have legal proceedings against them for illegal mining.”
This is where the issue becomes more complicated. Using the argument that the opposing residents who are blocking the company’s entry into the land are illegal miners, Hanrine has launched civil and criminal actions against several people from the community, including some local authorities. “We are going through five criminalization proceedings. They are doing this to undermine the resistance of this peaceful protest that we’ve had since April 19,” said another resident of the area who asked not to be named. “The latest thing they have accused us of is unlawful association. They have even accused the president of the decentralized autonomous government [GAD] of the rural parish of Buenos Aires.”
Yuly Tenorio is a lawyer specializing in the environment who says that while some people denounced by the company may be linked to illegal mining, the vast majority are defenders of the territory who are being persecuted. This is why she has decided to defend them. According to Tenorio, Hanrine has denounced about 70 people from the area, including several Awá Indigenous people from the Palmira community who live in the forests of Buenos Aires and oppose mining.
“Not everyone has received notice because they live in very remote areas, and the Awá do not have a stable territory. Many of them do not even have a form of identification,” Tenorio said.
The five legal processes are in the pretrial investigation phase. Three of the proceedings are for alleged damage to property, one is for intimidation, and the last is for alleged unlawful association.
“The company is denouncing them via criminal and civil action to recover the alleged money that it has lost due to citizen resistance,” Tenorio said. “The objective is for the community to exhaust themselves by hiring lawyers for their defense instead of dedicating themselves to protecting their territory, requesting information, or precautionary measures.”
Ocampo said Hanrine has attempted to enter one of its mining concessions, called “Imba 1,” for several months, “but our attempts have been blocked by these people who have taken the entrance of the parish of La Merced de Buenos Aires, within full view of the police.”
“All the people in our favor and who work with us, or who provide any type of service to us, have been injured, intimidated, and threatened,” he added.
The tension between the community and the company has escalated to new levels. On April 21 this year, the Ombudsman’s Office said in a public announcement that the government will be responsible for the criminal proceedings of the Buenos Aires community leaders and those who are defending human rights and the rights of nature.
When contacted by Mongabay Latam, ombudsman Edwin Piedra confirmed that criminal proceedings have been initiated that are in the domain of the Prosecutor’s Office and are under investigation. But he added that “the Ombudsman’s Office hopes that the requests will be considered and that the prosecutor’s office will archive the proceedings, since those who exercise the right to resist cannot be penalized for common crimes like unlawful association and other types of criminal offenses, which can serve to threaten and harass people and therefore hinder their defense work.”
Lack of environmental and prior consultations
While the conflict between the residents and the mining company continues, illegal mining in the area has left damage that has not yet been fully evaluated. The only concrete data so far comes from a report by Ecuador’s Ministry of Environment and Water (MAAE) at the time of the Radiant Dawn operation. The report says 54.38 hectares (about 134 acres) of deforestation was found, along with changes to water flows, inadequate management of solid waste, and changes in water and soil quality.
More than two years since the removal of the thousands of illegal miners, it’s still not clear who will be held responsible for this damage and for rehabilitating the environment. The Ecuadoran government has not conducted an in-depth analysis, and the mining company hasn’t accepted responsibility for these costs within its concession.
Ocampo said Hanrine takes no responsibility for the damage already done.
“The government needs to take action,” he said. “We have not received any report by experts from the government about the calculation of the environmental damage. It is not the responsibility of Hanrine. Once the expert report is done, the government should identify those who are responsible.” They know who they are, he added, and they should prosecute them, because the people who profit from the illegal mining remain free.
The company says it has the right to enter its mining concessions to continue its advanced prospecting for copper. However, the difficult socioenvironmental conflict that exists in Buenos Aires complicates the situation.
The community says the company has never publicized the mining project and that neither they nor the Awá Indigenous people participated in an environmental consultation or a free and informed prior consultation. Piedra says government institutions should have sufficiently informed the community about the consultation processes that would have been conducted, and that they permitted the acquisition of environmental permissions for the concessions. “It is the responsibility of the government to comply with this obligation before granting concessions and permissions,” Piedra said.
Mongabay Latam contacted the MAAE to learn whether there was an environmental consultation but did not receive a response by the time of this article’s publication in Spanish.
No access to information
Access to information has also been an obstacle for the Buenos Aires community. According to several residents interviewed by Mongabay Latam, the company has told them it does not need to show documentation to them, so they have had to make formal requests to government entities. These entities have delayed their responses or not given complete answers, arguing that the information being sought is sensitive in nature.
“We still do not know the environmental management plans or whether environmental impact studies exist that are not a copy of other studies,” Tenorio said. Mongabay Latam also asked the MAAE whether it had granted environmental permits to Hanrine but did not receive a response.
The Ombudsman’s Office said it was “urging the Ministry of Environment and Water, the Ministry of Energy and Non-Renewable Natural Resources, and the Agency of Regulation and Control of Energy and Non-Renewable Natural Resources not to grant environmental permits or mining concessions until they proceed with the integral repair of the rights of nature, due to the existence of environmental liabilities, and they must begin the necessary measures for the restoration of nature.”
Buenos Aires community leaders say they hope for a popular consultation to prohibit mining in their territory. On May 10, some residents who want to ban both illegal and legal mining requested precautionary measures before the constitutional judge for the province of Imbabura, Manuel Mesías Sarmiento, to guarantee the removal of the camps that Hanrine has set up in public areas, and the prohibition of the entrance of heavy machinery and any other vehicles owned by the company.
One of the people who signed this action was assembly member Mario Ruiz Jácome. “The idea is to preserve the physical and psychological well-being — and the life — of the community of Buenos Aires and of the employees of the Hanrine company,” he said. “We are at an imminent risk of having confrontations that put their lives and their physical well-being in danger.”
He added that, at the entrance to the parish, there are still about 120 trucks and about 250 company workers. They stay in overcrowded conditions without restrooms, which endangers the health of everyone in the area.
Those defending this territory high in the mountains in Imbabura are awaiting a response to the precautionary measures as they continue to block the entrance of the mining company into their territory, especially given the uncertainty of the potential outcomes of the legal proceedings against them. “We want the new government to create an amnesty process for the defenders because resisting is a constitutional right, not a crime,” said Tenorio, the lawyer.
Editor’s note: In these terrifying, apocalyptic times it becomes more obvious that we are all on the same boat, whether we belong to indigenous cultures or the culture of empire. It is stunning as well as sad and embarrassing that those who have suffered the most from colonialism and genocide are those who are still trying to save us all. The only chance for us to survive is to de-colonize our hearts and minds and join the fight against the culture of empire.
“The numbers don’t lie. Indigenous peoples have long led the fight to protect Mother Earth and the only way forward is to center Indigenous knowledge and keep fossil fuels in the ground.”
Indigenous resistance to fossil fuel projects in the United States and Canada over a recent decade has stopped or delayed nearly a quarter of the nations’ annual planet-heating pollution, according to a report released Wednesday.
“The only way forward is to center Indigenous knowledge and keep fossil fuels in the ground.”
—Dallas Goldtooth, IEN
The greenhouse gas pollution for Turtle Island, the land now known to settler nation-states as North America, totaled 6.56 billion metric tons of carbon dioxide equivalent in 2019—5.83 billion metric tons CO2e for the U.S. and 727.43 million metric tons CO2e for Canada.
Indigenous Environmental Network (IEN) and Oil Change International (OCI) examined the climate effects of several contentious projects and the impact of Indigenous protests.
Total Indigenous resistance against these projects on Turtle Island—including ongoing struggles, victories against projects never completed, and infrastructure unfortunately in current operation—adds up to 1.8 billion metric tons CO2e, or roughly 28% the size of 2019 U.S. and Canadian pollution. Victories in infrastructure fights alone represent the carbon equivalent of 12% of annual U.S. and Canadian pollution, or 779 million metric tons CO2e. Ongoing struggles equal 12% of these nations’ annual pollution, or 808 million metric tons CO2e. If these struggles prove successful, this would mean Indigenous resistance will have stopped greenhouse gas pollution equivalent to nearly one-quarter (24%) of annual total U.S. and Canadian emissions.
“That 24%, equaling 1.587 billion metric tons CO2e,” the report notes, “is the equivalent pollution of approximately 400 new coal-fired power plants—more than are still operating in the United States and Canada—or roughly 345 million passenger vehicles—more than all vehicles on the road in these countries.”
The groups not only highlight how Indigenous resistance to polluters’ projects has limited greenhouse gas emissions but also explain and emphasize the importance of tribal and Indigenous sovereignty, self-determination, and free, prior, and informed consent (FPIC).
As IEN Keep It in the Ground organizer Dallas Goldtooth put it: “The numbers don’t lie.”
“Indigenous peoples have long led the fight to protect Mother Earth,” he said Wednesday, “and the only way forward is to center Indigenous knowledge and keep fossil fuels in the ground.”
The new report says at the outset that it “seeks to uplift the work of countless tribal nations, Indigenous water protectors, land defenders, pipeline fighters, and many other grassroots formations who have dedicated their lives to defending the sacredness of Mother Earth and protecting their inherent rights of Indigenous sovereignty and self-determination.”
The report also draws attention to the criminalization of Indigenous land and water defenders, stating that “the fight against the Dakota Access Pipeline is a notable example of these threats—what happened in Standing Rock should not be seen as an anomalous incident, but rather a disturbing commonality across Indigenous resistance efforts worldwide.”
DAPL, as the oil pipeline is known, is among several projects included in the report. Other fights include fossil fuel development in the Arctic National Wildlife Refuge, fracked gas pipelines like Coastal GasLink and Mountain Valley, and tar sands projects like Trans Mountain and Line 3—which opponents are calling on President Joe Biden to block like he did the Keystone XL Pipeline shortly after taking office in January.
“Respecting and honoring the wisdom and sovereignty of Indigenous peoples is a key solution to the climate crisis.”
—Collin Rees, OCI
“This report is predicated on a simple fact: The world is delving deeper into climate chaos, and we must change course,” according to IEN and OCI. “In parallel to the severe threats Mother Earth is facing from climate change, the rights, well-being, and survival of Indigenous peoples throughout the world are at grave risk due to the same extractive industries driving the climate crisis.”
“The United States and Canada must recognize their duty to consult and obtain consent from Indigenous peoples for all projects proposed on Indigenous lands,” the report says. “In parallel, these settler nation-state governments must recognize that the fossil fuel era is rapidly coming to a close.”
Echoing scientists’ and energy industry experts’ increasingly urgent warnings, the report recognizes the “monumental challenge” of phasing out existing fossil fuel infrastructure and declares that “our climate cannot afford new oil, gas, or coal projects of any kind.”
OCI U.S. campaign manager Collin Rees said Wednesday that “Indigenous communities resisting oil, gas, and coal projects across their territory are demonstrating true climate leadership.”
“Brave resistance efforts by Indigenous land and water defenders have kept billions of tons of carbon in the ground,” he added, “showing that respecting and honoring the wisdom and sovereignty of Indigenous peoples is a key solution to the climate crisis.”
Global Extraction Film Festival
9-12 September 2021
The Global Extraction Film Festival (GEFF), launched last year by Esther Figueroa (Vagabond Media) and Emiel Martens (Caribbean Creativity), has announced the selection of over 150 films for GEFF2021. The festival, which will be available online for free from September 9-12, aims to bring attention to the destructive impacts of extractive industries and to highlight communities across the world who are bravely defending against annihilation while creating livable futures.
GEFF2021 will feature 4 programs with over 150 documentaries and urgent shorts from over 40 countries, with a wide range of compelling topics that everyone needs to think about. Where, how and by whom is the food we eat, water we drink, clothes we wear, materials in our technology, the energy that powers our lives produced and transported? What are we to do with the billions of tons of waste we create daily? What is our relationship to other species and all life on the planet? Extraction has caused the anthropocene; the climate crisis is real and cannot be wished away or solved by magical technologies based on extraction.
PROGRAM ONE: GLOBAL PERSPECTIVES Our General Selection film program, Global Perspectives, offers 26 feature documentaries and urgent shorts that focus on interrelated issues affecting the world, such as the climate <crisis, water, food, energy, mining, overtourism, colonial legacies. Selected films include Bright Green Lies,whichexposes the extraction dependent and ecologically destructive reality of “green” technological solutions; Grit, which tells the story of Dian, who at 6 years old, along with 60,000 displaced people, suffered from an industrial accident in Indonesia, and later becomes a political activist fighting for justice; Gather and Final Straw, Food, Earth, Happiness, whichpresent ancient alternatives to industrial agriculture; Sustenanceand The Superfood Chain,whichexplore the food we eat, where it comes from and the consequences of global food chains; and Eating up Easter and Crowded Out: The Story of Overtourism, which demonstrate that tourism is a highly extractive industry.
PROGRAM TWO: FOCUS ON THE AMERICAS This special Focus on the Americas is our most extensive and prominent GEFF2021 film program offering over 100 feature documentaries and urgent shorts from 30 countries in the Americas, from Argentina in the South to Canada in the North and across the Caribbean islands. The Americas are central to the creation of the modern world. This is because the ecocidal and genocidal pillaging and settlement of the Americas by European Imperial powers led to the wealth of Europe (and later North America), and to the extraction intensive industrial revolution that accelerated the anthropocene and caused the climate emergency in which we are now living. Understanding extraction in the Americas is requisite for understanding the global political economy. Understanding the Americas is also essential to realizing there are Indigenous alternatives to planetary destruction, that communities throughout the Americas have been resisting erasure for centuries, and continue to protect and defend that which is necessary to all life.
PROGRAM THREE: HUMAN-ANIMAL STUDIES over 10 feature documentaries and urgent shorts about the relationship between humans and animals, and the impact of the extractive industries on animals. Humans are animals who dominate the planet and decide which other animals have value, are our food, our friends, our enemies, are pests, can be sacrificed, made extinct. For example, selected feature Artifishal – The Fight to Save Wild Salmon, shows the devastating impact of dams and farmed salmon on wild salmon populations., while The Last Male on Earth tells a tale of extinction.
PROGRAM FOUR: PRESENTED BY PATAGONIA This special selection offers 8 feature documentaries and urgent shorts produced by Patagonia Films about people fighting for environmental and food justice, to protect last wild places and species, to find community based solutions. For example, DamNation – The Problem with Hydropower chronicles the United States of America’s nationally promoted narrative of man’s domination of nature, then decades later, the realization that humans are completely dependent on nature, that large-scale dams are one of our very worst inventions and should be removed. Two other selected Patagonia films, Public Trust – The Fight for America’s Public Lands andLawqa – Que el Parque Vuelva a Ser Parque show how public lands and national parks in the USA and Chile have been handed over to extractive industries, removing the people, plants and animals who used to be there, and polluting and degrading the environment.
GEFF2021 EVENTS Along with these four Film Programs, there will be panel discussions about extractive industries and their impacts on specific places and peoples, as well as Q&A with filmmakers. These events are hosted by GEFF’s partners including Deep Green Resistance, London Mining Network, Asia-Pacific Ecological Network, Red Thread, Freedom Imaginaries.
Note: DGR is organizing two events for GEFF2021. The first is a discussion on Bright Green Lies with Director Julia Barnes at 4 PM (Pacific Time) September 11. You can find the Facebook page here. The second is a discussion with director on how films can be used for resistance at 5 AM (Pacific Time) September 11. You can contact DGR Asia Pacific to join the event.
On Friday, August 27th at 2pm Pacific, attorneys for Reno-Sparks Indian Colony and Atsa Koodakuh wyh Nuwu (People of Red Mountain) will hold a virtual press conference updating supporters and media members on the lawsuits against the Bureau of Land Management and Lithium Nevada Corporation.
Earlier that morning, there will be a hearing in Federal District Court. Judge Miranda Du will hear arguments from Reno-Sparks Indian Colony and Atsa Koodakuh wyh Nuwu (People of Red Mountain) on their motion for a preliminary injunction. If Judge Du grants the injunction, she is recognizing that these plaintiffs have a good chance of succeeding in their lawsuit which argues that the Bureau of Land Management violated federal law when they permitted the Thacker Pass lithium mine by not properly consulting with tribes. The full lawsuit will be heard later in 2021 or early 2022.
Friday’s hearing will be open to the public via video conference, but not in-person. We encourage anyone who is interested to attend. **But legal hearings can be hard to understand if you are not a lawyer, which is why we are planning to hold this virtual press conference that afternoon to explain what is happening in the case.**
Questions will be accepted and members of the press are invited to join.
Media coverage regarding the July 21st Thacker Pass mine-related injunction hearing seems to misunderstand the current status and implications of the ongoing legal battles over Thacker Pass, or “Peehee Mu’huh.”
Contrary to these media misrepresentations, Thacker Pass’ fate has not yet been decided – far from it. Lithium Nevada still has formidable legal obstacles to overcome – including the recent addition of Paiute-Shoshone plaintiffs bearing new, stronger arguments against the excavation of cultural sites at Thacker Pass.
It’s true that on July 23rd, Nevada Federal District Court Judge Miranda Du refused to grant an injunction that would have prohibited, on environmental grounds, the archaeological excavation of cultural sites at Thacker Pass. The judge rejected claims that the preliminary archaeological digging (of numerous hand-dug holes and seven 40-meter trenches) would cause irreparable environmental harm to the area.
However, some of the recent media coverage fails to clarify two crucial points. First, the July 23rd decision pertains only to the request for a preliminary injunction, rather than to the underlying legal case itself. Second, and even more importantly, on July 19th new plaintiffs moved to intervene in the legal case.
What is a Preliminary Injunction?
A preliminary injunction is a court order that preserves the status quo between relevant parties while the judge makes larger decisions about the underlying case. Since American law assumes that money can repair all harm, the legal system often allows companies to continue their projects even during an active lawsuit. If the judge rules that the company (or the BLM) violated the law, these defendants can compensate the harmed party with money. However, many judges recognize that money is not always an adequate reparation for harm to the environment or to cultural resources. Therefore, in such cases, judges often entertain a preliminary injunction motion.
Why did Judge Du reject the first preliminary injunction request?
In considering the environmental groups’ motion for a preliminary injunction, Judge Du acknowledged the possibility that the initial, archaeological excavations mentioned above could cause irreparable environmental harm. Although the judge ultimately decided that the smaller archaeological excavations would not cause that level of disturbance, she has not yet ruled on the environmental threat posed by the entire project.
What comes next for the environmental lawsuit?
The underlying legal case (filed back in February by Western Watersheds Project, Wildlands Defense, Great Basin Resource Watch, and Basin and Range Watch), challenges the Bureau of Land Management’s Record of Decision, which permitted the corporation’s proposed lithium mine on public land. If the judge rules in favor of the plaintiffs and against the BLM, the Record of Decision will be suspended or vacated entirely. The judge’s final decision on that case is slated for January 2022 and will assess and respond to the environmental harm of the entire proposed mining project, which includes chemical processing facilities and a 400-foot deep open pit that would destroy miles of surface area in Thacker Pass.
Lithium Nevada investors are foolish to overlook the fact that the primary legal decision on the Thacker Pass project still remains to be made. Even more significantly, Judge Du recently accepted the addition of local tribal groups to the case. The judge acknowledged that these new plaintiffs make stronger arguments – on cultural grounds – against both the archaeological digging and the entire project.
Why and how are Native Tribes and organizations getting involved?
The night before the July 21st hearing, the Reno-Sparks Indian Colony and the People of Red Mountain (a committee of land protectors from the Fort McDermitt Paiute-Shoshone reservation) made a formal motion to intervene in the case. Conceding that the lawsuit filed by Western Watersheds, etc., did not adequately represent tribal concerns, Judge Du admitted these two groups as plaintiffs to the case. The Burns Paiute Tribe, making similar arguments, has since joined the case as well. In July 2021, the judge decided to consolidate the lawsuits by adding these three indigenous groups’ lawsuit, as well as the lawsuit filed by local rancher Edward Bartell, to the original case filed by the environmental groups.
On July 27th, the Reno-Sparks Indian Colony and the People of Red Mountain moved for their own preliminary injunction, on the grounds that digging up cultural sites — including burial sites and a massacre site — would do irreparable spiritual and cultural harm to them as indigenous people whose ancestors lived in and around Peehee Mu’huh.
The indigenous groups also argue that the BLM failed to adequately consult with all relevant tribes before issuing the Record of Decision.
What will happen if Judge Du grants the Preliminary Injunction request?
If the judge supports the tribes by granting this preliminary injunction after the hearing scheduled for August 27th, the corporation and the contracted archaeological group cannot disturb Thacker Pass until the end of January at the earliest. Receiving this injunction would mean that if the BLM issues an Archaeological Resources Protection Action (ARPA) permit to Far Western Anthropological Group, allowing archaeologists to begin trenching and digging at Thacker Pass, the BLM would be doing so illegally. Granting the preliminary injunction on August 27th would likely protect Thacker Pass until at least spring of 2022, since Lithium Nevada has stated they would have to wait for winter snows to melt before digging.
What if Judge Du refuses to grant the injunction?
Even if the judge refuses to grant the injunction in August 2021, both the BLM and Lithium Nevada still face many legal hurdles. The BLM must contend with a separate lawsuit filed by local rancher Ed Bartell and not yet heard in court. This lawsuit raises environmental concerns, including threats of further depletion of the already over-allocated aquifer and harm to Lahontan cutthroat trout, a Federally-listed threatened species. Bartell and another local rancher have also challenged water rights transfers which the corporation needs for the mine.
When will the preliminary injunctions be over, and the full lawsuit be heard?
Judge Du has stated that she intends to decide on this case by early 2022.
If the judge rules in favor of the tribes, the BLM will have to restart the consultation process. This process would need to include any tribes that wish to be included, and up to ten tribes in the region have demonstrable cultural ties to the Thacker Pass. The consultation process could easily take 1-2 years, during which time local, national, and international opposition may continue to build.
If the Judge rules in favor of Bartell and/or the environmental groups, the NEPA process may need to be revisited, which could similarly take years.
Meanwhile, Lithium Nevada also still needs air and water permits from the Nevada Division of Environmental Protection, Eagle Take permits from the U.S. Fish and Wildlife Service, and the ARPA permit from the BLM before construction can begin. The corporation also still needs the BLM to set the mining reclamation bond amount.
Conclusion
Contrary to statements made by Lithium Nevada and recent media coverage, this nefarious and ill-conceived lithium mining project still remains rather far from a reality. The fate of Peehee Mu’huh truly does still hang in the balance, and if any of the current plaintiffs win their cases, this mine could take many years to properly permit. It may never happen. It is essential that all people stand up against the destruction of the planet, poisoning of water, rampant colonialism, harm to local communities, and greenwashing represented by lithium mining projects like this.
A delegation of representatives from six countries of America, representing Black and Indigenous communities and organizations belonging to the Black and Indigenous Liberation Movement (BILM) joined the Anishinaabe Nation and other Indigenous Peoples under the United States to demand that Enbridge Corporation stop the construction of the Line 3 oil pipeline, as well as all extractivist, racists, and colonial projects that violate their rights, territories and culture.
August 19, Minneapolis, USA. Between August 18 to 21, a delegation composed of representatives from social movements and Indigenous and Black communities from Canada, United States, Mexico, Dominican Republic, Chile and Ecuador; members of BILM; joined the communities of the Anishinaabe Nation and other Peoples of the United States to demand the suspension of Canadian oil company, Enbridge’s project, which plans to build Line 3, one of the largest crude oil transportation pipelines in the United States.
The BILM delegation of representatives demands the end of the colonial-extractivist model endangering the life of Indigenous Peoples and Black communities. Line 3 and other extractivist projects that are being implemented throughout the American continents negatively affect Indigenous Peoples violating their rights, territories, and culture; endangering especially biodiversity, water sources, and other vital resources for humanity; and also contributing to the environmental problems that affect the planet.
“The Anishinaabe People’s struggle against climate change is critical not only for them but for the entire planet. This struggle is particularly important for Black and Indigenous Peoples across the Americas for how it can unite us…and our communities must unite to stop the destruction of our planet, our territories and our own bodies.” Mike Bento, representative from New York City Shut It Down.
Line 3 is a project aiming to expand the pipeline that begins in Alberta, Canada and ends in Wisconsin, US, to transport almost a million barrels of oil per day. This project was proposed in 2014 by Enbridge, a Canadian oil company, responsible for the largest oil spill inside the US. Enbridge seeks to build a new oil pipeline corridor that will cross pristine wetlands and the territory of the Anishinaabe Peoples’ treaty lands through the headwaters of the Mississippi river up to the river banks of Lake Superior.
This is a time for mutual solidarity against racial capitalism, the carceral state, extractivism, patriarchy, and mass displacement. We are here to stand in solidarity with our relatives because there is no Climate Justice without Racial Justice.
“This is a time for mutual solidarity against racial capitalism, the carceral state, extractivism, patriarchy, and mass displacement. We are here to stand in solidarity with our relatives because there is no Climate Justice without Racial Justice.
Our fight to end centuries of colonization requires us to work together, to organize across borders and across languages in order to achieve liberation and self determination for our peoples across the hemisphere“, expressed Leo Cerda, founding member of the BILM Movement, and a member of the Kichwa indigenous people.
The State of Minnesota’s Environmental Impact Statement for Line 3 recognizes that the project will have “disproportionate and adverse impacts” on Native Peoples (Section 11.5), meaning this project does not comply with the basic environmental standard or the approved safeguards for recognized Indigenous territories. The construction of this pipeline is an act of environmental racism.
Amin Matias, member of the Dominican Afrodescendant Network, said that “Indigenous peoples, local communities and Black Peoples must resist against a development model that threatens our lives and the planet. We are here to condemn extractivism and fight against the structural racism that Black and Indigenous Peoples experience.”
The implementation plan for the Line 3 project will go through not only Anishinaabe territory, but also the territory of others, such as Dakota and Lakota Peoples. The establishment of this project would violate the Anishinaabe people and nation in its pathway, endangering the flora and fauna, pristine wetlands as well as the culture and the sovereignty of these indigenous Peoples.
“Solidarity among Indigenous and Black Peoples strengthens our struggle against extractivism and the abuse of the great economic powers promoting Line 3 in Minnesota, as well as in many other territories. Indigenous Peoples protect nature to preserve the planet for all humanity”.
As for Rosa Marina Flores Cruz, an Black-Indigenous Binnizá woman from the Isthmus of Tehuantepec, Oaxaca, Mexico, and member of the Indigenous Peoples’ Assembly of the Isthmus in Defense of Land and Territory, declared:
“We are here to make a common front. In the Isthmus of Tehuantepec in Oaxaca, Mexico, we are facing mega wind energy projects, which is renewable energy, but also projects to establish gas pipelines, and paradoxically, both types of projects follow the same logic of dispossession and appropriation of our territories”.
The consequences of the extractivist activities in both North America and Latin America are reflected in the impact on the territories, biodiversity, forests, soil, water, and the air quality which above all affect the population living there, for example, the case of Texaco in the Ecuadorian Amazon, a company that during its extraction period (between 1960 and 1992) produced 68 million cubic meters of wastewater filled with heavy metals and carcinogens, affecting the Siona, Secoya and Cofán Indigenous Peoples for several generations.
“Indigenous Peoples have to stop the expansion of extractive industries. Line 3 is intended to transport crude oil, but in my territory, in the Kichwa community of Serena, in the Amazon jungles of Ecuador, they want to set up mining concessions not authorized by us, the Indigenous Peoples,” said Majo Andrade Cerda, an Indigenous person from the Kichwa community of Serena, in the Ecuadorian Amazon.
ABOUT BILM
The Black and Indigenous Liberation Movement (BILM) is a coalition of collectives, peoples, grassroots organizations and social movements from across the Americas. It was born in 2020 to support struggles against racism, discrimination, violence, colonialism and the ravages of racial capitalism. The movement seeks to unite all the voices of the continent and establish a solidarity action network that allows us to raise awareness of the demands of each community and territory so that together we can fight the inequality and injustice experienced by Indigenous Peoples and Black communities. More info
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Established in 1990, The Indigenous Environmental Network is an international environmental justice nonprofit that works with tribal grassroots organizations to build the capacity of Indigenous communities. IEN’s activities include empowering Indigenous communities and tribal governments to develop mechanisms to protect our sacred sites, land, water, air, natural resources, the health of both our people and all living things, and to build economically sustainable communities.
Please join NCRN on Wednesday August 25, 8 pm ET for a Webinar with Will Falk: Protect Thacker Pass.
Will Falk is an attorney, writer, poet, activist, and organizer with Protect Thacker Pass. Protect Thacker Pass is an “independent, grassroots collective of people” protecting the land and all life from a proposed lithium mine in the Central Basin, Nevada. For Thacker Pass Facebook click here.
On January 15th of this year Will Falk and Max Wilbert staked their ecological hearts and souls on Protecting Thacker Pass, or Peehee mu’ Huh as the area is known to the Indigenous. Members of the local Fort McDermitt tribe are currently petitioning the courts to stop the destruction of the land and their native ancestors buried beneath it from the bulldozers of Lithium Americas.
The NCRN, in conversation with Will and tribal members, will discuss how the structure of our system negates tribal rights and tribal history in order to obtain natural resources – in this case, lithium, used to feed the electric car manufacturers who have convinced so many that electric cars are ‘green’.
For more information go to the NCRN post here. See you soon!
![Legal update and hearing this week / Press Conference on Thacker Pass Lawsuits [Dispatches from Thacker Pass]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/08/Rally-at-Far-Western-980x549-1.jpg)
![Webinar with Will Falk: Protect Thacker Pass [Dispatches from Thacker Pass]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/08/Bildschirmfoto-29.jpg)