Editor’s note: The US military is the largest emitter of greenhouse gas pollution in the world. It is through the allocation of over half the federal government budget that this is made possible. So when companies say that the destruction of the environment must be done to save the planet, this fact is never mentioned. We are in fact in an existential situation and yet ending the war machine is never on the table. The evil empire will do what it has always done, which is to extract the wealth of the land to the determinant of those that live there. And this will not end until it collapses. If we are to have anything left before this happens we must fight to save it.
In early summer, Vale BLM (Bureau of Land Management) held a Resource Advisory Council meeting in McDermitt, ground zero for the critical minerals rush on public lands. Lithium driller Jindalee HiTech got to talk about the company’s horrifying new exploration drillingproposal for 267 more drill holes, wastewater sumps, and 30 miles of new “temporary” roads. The project would tear rip apart irreplaceable Sage-grouse Focal habitat, as a prelude to open pit strip mining for lower grade lithium. The BLM geologist showed a video, How Critical Minerals are Vital to the Climate Fight, that had appeared on ABC news.
One narrator, Reed Blakemore, was from the Atlantic Council think tank known for never seeing a War or US-backed coup it wouldn’t propagandize and cheerlead for. The other narrator works for an organization called SAFE. Their mission appears to be strident propaganda shaping policies, perceptions and practices and support for wresting control of critical minerals and energy, no matter how unsafe it makes the world or how much environmental damage is caused. The two harangue viewers about the need to get “shovels in the ground”. It includes a clip of Biden bragging about the Defense Production Act.
SAFE’s Website boasts about working with retired 4 star generals. A scroll through their Twitter account shows them pushing for streamlining environmental analysis–like the type of NEPA and tribal consultation short-cuts which contributed to the Thacker Pass (Peehee mu’huh) controversy that rages on. SAFE screeches about mineral laundering by China, adores high voltage transmission lines, and my favorite: “SAFE believes the Biden admin must take an aggressive approach that raises strong walls around foreign entities of concern while lowering drawbridges for our allies, like South Korea”. And hurl pots of burning oil down on the enemies of Fortress America from the castle keep?
This energy transition and critical minerals crusade on public lands is very much about retaining a corporate iron grip on energy, and increasingly seems to be about feeding the Military Industrial Complex. Watching the video, it belatedly dawned on me that critical minerals and green energy Neocons are driving much of the agenda. It’s certainly neocolonialist, but with the added twist of the Neocon global control freaks, and no dissent is allowed. We’ll grab what we want, anywhere, no matter if we break it all apart, no restraints tolerated, and we and our friends will make a fortune. The McDermitt caldera encapsulates the clash between supposed clean energy and the dirty reality for public land, water, communities, biodiversity, and a sane path to sustainability and energy change.
The EV “revolution” is being carried out with the same mindset, hubris, lies, greed, propaganda and war mongering that plunged us ever deeper into the fossil fuels mess and Forever Wars. The public is being propagandized by the Atlantic Council, SAFE, and others to blindly accept the sacrifice of any place, anywhere – under claims of saving us from climate change (as we continue to guzzle energy without limits). It’s also about domination and empire. Just like with oil, they won’t be content with a “domestic supply”, and instead seek to control all of it. Leadership of big green groups often appears captured by these critical minerals and energy Neocons – witness those dead serious Sierra Club outreach e-mails with a tangle of high voltage transmission lines portraying NEPA short-cuts as a good thing.
War Contractor Bechtel Selected to Build the Thacker Pass Mine, Mine Costs Double
Environews provides a whirlwind summary of some 2023 Thacker Pass events. Lithium Americas contracted with Bechtel Mining and Metals for engineering, procurement and execution of the mine. Bechtel is an industrial contractor and war profiteer who reaped massive government contracts during our Forever Wars in Iraq and Afghanistan. They’ve already signed a reconstruction agreement with Ukraine, a tad prematurely. They go way back, having built Hoover Dam and infrastructure for the Manhattan atomic bomb project at Hanford and elsewhere. Hanford plutonium was used in the nuclear bomb the US dropped on the people of Nagasaki Japan. To this day, Bechtel is involved in Forever Clean Up at nuclear facilities, including the most toxic place in America, and helping work on new nukes, keeping the gravy train going. The International Committee for Investigative Journalists summarized:
“Bechtel has been heavily involved in both commercial and military nuclear activities. These have included some of the most notable nuclear mishaps in U.S. history, from California’s San Onofre reactor installed backwards, to the botched clean up of Three Mile Island … Bechtel is finding ways to profit from the radioactive mess its projects have created.”
Regarding Bechtel’s endless Hanford work and profiteering Joshua Frank describes “they have a really bad track record and are well known for reaping the spoils of U.S. military ventures all over the globe. In October they had a test facility up and running that was going to do a run of vitrification for low-level radioactive waste. They basically had a ribbon cutting for this big machine and it ran for a week, then overheated, and they had to shut it down”.
Tribes consider this land to be a Traditional Cultural Property. Reno-Sparks Indian Colony and Summit Lake Tribe submitted a Traditional Cultural Property Eligibility Statement, (Peehee mu’huh: A Living Monument to Numu History and Culture District. September 12, 1865 Thacker Pass Massacre Site) to the BLM. It seeks official Interior Department recognition. Now it’s reported that BLM is sitting on the document, and never transmitted it to the National Park Service who oversees National Historic Register sites. Meanwhile, site integrity is being obliterated. Time after time – in local, national and international media – elders and tribal members have said that lithium mining desecration and destruction at Thacker Pass is like digging up Arlington Cemetery.
A recent deluge of news articles, many appeared planted, hyped a geological study that largely rehashes long known geological information. This helps fuel speculation and increase political pressure on agencies to rubberstamp projects. Following weeks of media gushing about the overblown study, the Nevada Currentexposes what’s going on:
“The study was funded by Lithium Americas, and includes research from Lithium Americas employee and shareholder, Thomas Benson”. He was the lead author, but most media stories skipped right over that inconvenient fact.
“John Hadder, the director of the Great Basin Resource Watch … said while the study may be helpful in pitching mining in the area, his organization has heard claims of “largest lithium deposit” from places around the world.
“I am concerned that this report will be used to advance more lithium mining in the region, and pressure the frontline peoples to accept mine plans,” said Hadder. “Regardless of how much lithium may be extractable, the sloppy permitting process that led to the Thacker Pass mine must not be duplicated. Indigenous ancestral lands that have cultural values must be protected, and Indigenous communities should have the right to say no”.
The publicity also bumped up Lithium Americas stock that had sagged a bit. And it seems there was another purpose, too. Lithium Americas is angling for a $1 billion DOE (Department of Energy) loan handout, the largest amount ever. The same outlets that hyped the geological paper are all agog, casting this as “an historic 1 billion”. Reuters now reports“Lithium Americas had raised its budget for the first phase of the Thacker Pass project to $2.27 billion, from $1.06 billion, reflecting changes to its production plans”. The loan is claimed to be 50 to 75% of the mine cost. Is this price explosion due to estimates of production linked to the hyped study, or is there a huge mine cost over-run right out of the starting gate? Lithium Americas did choose a contractor with long experience profiting off the US’s trillion-dollar foreign misadventures and nuclear mess. If the lithium mine gets this obscene DOE handout, will dollars evaporate, like four Hanford whistleblowers exposed:
“It is stunning that, for a decade, Bechtel and AECOM chose to line their corporate pockets by diverting important taxpayer funds from this critically essential effort,” Assistant US Attorney Joseph Harrington said in a news release …The case started after four whistleblowers came forward in 2016, telling federal prosecutors about alleged time-card fraud in which the companies billed the U. S. Department of Energy for work that was never completed. The companies hired hundreds of electricians, millwrights, pipefitters … to build the plant … and then over-charged for the workers even when those workers had no duties to perform …”.
The Department of Justice Press release on the Hanford deception is here. The time-card fraud involved DOE funds. Now DOE appears on the verge of lavishing a billion-dollar loan on Lithium Americas who uses this same contractor.
GM Thacker Pass Lithium in Ultium Batteries, GM and War Machines
GM is now implicated as a major player in Caldera lithium mania. In January 2023, GM announced it would invest $650 million in Lithium Americas and use Thacker Pass lithium for its Ultium batteries:
“Lithium carbonate from Thacker Pass will be used in GM’s proprietary Ultium battery cells. … GM is launching a broad portfolio of trucks, SUVs, luxury vehicles and light commercial vehicles using the Ultium Platform, including the GMC HUMMER EV Pickup and SUV, GMC Sierra EV, Cadillac LYRIQ, Cadillac CELESTIQ, Chevrolet Silverado EV, Chevrolet Blazer EV, Chevrolet Equinox EV, BrightDrop Zevo 400 and BrightDrop Zevo 600”.
But these aren’t the only GM vehicles using Ultium batteries. Clean Technica headlined, “The US military is buying Ultium Battery Packs from GM Defense”. Get ready for the Green Wars, folks, including the Green Wars for Green Minerals. Are wild and sacred places of the McDermitt Caldera going to be destroyed not only for bloated GM pick-ups, street Hummers and virtue signaling about the climate crisis, but also for War machines too — gutting the West for critical minerals so we can waste untold amounts of energy and minerals on more Forever Wars?
GM Defense proclaims it’s driving the future of military mobility, with a five-passenger All-Electric Military Concept Vehicle, and working on energy storage for the tactical warfighter. Ultium batteries are also used in armored diplomatic vehicles that look like a sure hit with narco kingpins. Other monstrosities like this tactical truck, don’t yet appear to have EV batteries, but GM does promise they’re fuel efficient. How long until US troops de-stabilizing South American countries to gain control of their lithium, or maneuvering to grab foreign oil, are cruising around in EVs? At the end of a Reno KTVN Channel 2 video full of land destruction images and lithium company spin, the reporter says “lithium is a hot commodity”. The lithium company’s spokesman replies “it’s essential for national security”. Note that lithium is also used in designs of some nuclear reactors and in the nuclear weapons industry.
GM Greenwashing, Thacker Pass Lithium, Social Injustice
A Mighty Earth report, GM Wants ‘Everybody In’ on Greenwashing, tells how GM’s human rights policy conflicts with its investment in Thacker Pass, how they’re building hulks while smaller cars sold may largely be from China, a continuing dirty supply chain, a poor score in indigenous rights protection, and how often GM makes commitments but doesn’t follow through. In the report, the People of Red Mountain Atsa Koodakuh wyh Nuwu explain that “the entire landscape of the McDermitt caldera is sacred to Nevada, California and Oregon tribal nations”
The brutal 1865 US cavalry massacre of a Paiute camp at Thacker Pass was part of the memory-holed Snake War of Extermination. The massacre was not revealed by BLM in the mine EIS. During litigation, Tribes presented resounding evidence – US surveyor records, contemporaneous newspaper stories, and survivor Ox Sam’s own account from Big Bill Haywood’s Autobiography. The Biden-Haaland BLM brushed it all aside, to the anger and dismay of Tribes and many other people. The stalled Traditional Cultural Property document contains the records. Perhaps doling out a $1 billion loan for the destruction of an officially recognized massacre site might be a bridge too far, even for Jennifer Granholm’s DOE.
In spring 2023, the Ox Sam women’s protest camp was set up at Thacker Pass by a gaping water pipeline trench the company had ripped past sacred Sentinel Rock. The camp was raided after a protest action. Now Ox Sam descendants and white activists associated with the camp are being sued in a vile SLAPP suit: After getting hammered with lawsuits aimed at halting development of a lithium mine at Northern Nevada’s Thacker Pass, a Canadian-based mining company has turned the tables and is suing the mine’s protesters … the protesters and an attorney representing them counter that the lawsuit is similar to a strategic lawsuit against public participation (SLAPP), aimed at intimidating and silencing their free speech”.
How’s that for upholding ESG (Environmental, Social and Governance) principles, and the other social responsibility jargon Lithium Americas and the mob of Caldera miners use to lull investors?
Aurora Schemes of Yellowcake and Green Uranium
Aurora Energy Metals is trying to resurrect a uranium project long thought dead. Promotion videos show Greg Cochran, an Australian “uranium veteran” leading the Aurora charge. Before alighting in the Caldera, Cochran had been with Australian uranium miner Deep Yellow. Here’s Friends of the Earth Melbourne on Deep Yellow, “The Mulga Rock uranium project east of Kalgoorlie is now under the leadership of a team with a track record of over-promising, under-performing and literally blowing up cultural sites”. And this from the Conservation Council of WA (West Australia),“We’ve gone from the inexperienced and cash-poor Vimy Resources to Deep Yellow who are led by a team with a track record that highlights why uranium mining does not have a social license”.
Aurora drilled a few exploration holes in fall 2022 extended a bit of drilling into a winter exclusion period. Now they seek to expand drilling under a NEPA-less, no public comment Notice, which is how the Jindalee sagebrush killing drilling to date has been done.
Aurora’s mining scheme, where some lower grade lithium overlays uranium deposits, is explained in a Proactive Investors video. Cochran envisions the mine of the future with a conveyor belt or pipeline jetting lithium or uranium slurry or crushed rock from Oregon across the state line down onto private land in Nevada, where a processing plant and waste heaps would be located. The video interviewer asks: “Tell me more about this property you bought in Nevada”. Cochran replies:
“Yeah, we kept that under wraps for quite a while because we wanted to make sure that nobody else kind of gazumped us. … We had this strategy of identifying suitable locations within Nevada for the processing plant … because… we know that they understand mining a lot better than Oregon … Nothing is a free pass, but it would allow us, we believe, to permit quicker. Private land to boot is even more attractive. … We discovered that one of the landowners was looking to sell. So, right place, right time. I’m already … envisioning … the mine of the future. Where you develop this mine. You’ve got a crusher, you run a very fancy overland conveyor – or pipeline for that matter – across to Nevada which as the crow flies it’s only 8 or 9 k’s – so there’s no tracking, no footprint … negligible CO2 emissions …’.
He says the Aurora project would be ticking all the boxes in terms of ESG (Environmental, Social and Governance) approval – right after detailing a plan to evade Oregon regulations on uranium pollution by moving the hot rocks across the state line. Apparently, radioactive material infiltrating air, groundwater, plants, wildlife, and contaminating the community, doesn’t count when you’re ticking ESG boxes. The same plan is repeated in a Mining Network video here, with Cochran talking about Nevada land enabling Aurora to “permit a quarry in Oregon”, which he describes as fairly straightforward, while siting the processing plant and waste heaps in Nevada. In a Thacker Pass state permitting meeting, Nevada Department of Environmental Quality staff admitted they couldn’t recall not permitting a mine.
Aurora’s Nevada land is around 4 miles west of town, right by the state line south of where the Disaster Peak county road starts. In an Australian publication, Aurora, described as a “shining light”, says that because there’s some hydropower at the site “we have the potential to deliver green uranium”, in a “uranium friendly mining jurisdiction”. Welcome to Nevada – the Uranium Waste Heap State. No Rocks Too Hot to Handle. You can already envision more billboards sprouting up on Highway 95.
A past effort to wrest uranium from Caldera earth fizzled when Fukushima grayed up the miner’s blue sky on uranium. Back then, Oregon mining activist Larry Tuttle warned in Read the Dirt about yellowcake production, water use, the toxic waste stream, tailings ponds and Oregon’s very own Lucky Lass superfund site experience near Lakeview:
“Sulfuric acid in the tailings also dissolves and leaches heavy metals – mercury, molybdenum, arsenic, lead, manganese, and cadmium – as well as uranium. (The Aurora site has already been extensively mined for mercury, which pose additional health perils; sulfuric acid easily bonds with and transports mercury to waterways.) Residual uranium elements in the tailings decay and release radon; heavy metals also continue to interact within tailings and other wastes.
For communities as diverse as Moab, Utah, and Jeffrey City, Wyoming (often called yellowcake towns), the effects of uranium mining on public services and resources; ground and surface water; and, air quality are serious and dramatic”.
The Moab Times just reported on resistance to uranium mining and processing at the La Sal Complex near Moab and the Pinyon Plain mine near the Grand Canyon, in “Ute Mountain Utes march against White Mesa as Energy Fuels prepares to reopen uranium mines”:
“Some White Mesa residents have long been concerned that the mill, which lies four miles north of the community, is contaminating nearby groundwater, air and wildlife with radon that allegedly blows and seeps off the mill’s tailings impoundments”.
While uranium miners attempt to tamp down dangers, Ute tribal members monitoring past mining effects have measured whopping levels of uranium in spring water, there’s a sulfur odor in the air with re-processing taking place, and animals are disappearing from the mesa. For the record, uranium was recently shifted from the critical minerals list, and is now a fuel mineral with friends in Congress. Caldera uranium is found in uraninite and coffinite ore. No, someone didn’t have a morbid sense of humor, it’s said to be named after a geologist.
Trying to track the serial land destroyers and speculators who’ve descended on the Caldera is quite confusing. It’s unclear who now controls FMS claims. On-line sources show conflicting information. An Aurora prospectus said they control Oregon FMS “CALD” claims. A company named Chariot now appears involved with Oregon and Nevada FMS claims – all located in terrible places for wildlife. Lithium Americas holds a north-south block of claims in extremely sensitive wildlife habitat up in the Montana Mountains. They repeatedly told the public during the Thacker Pass EIS process that the project was sited to avoid those Sage-grouse conflicts, and that they wouldn’t mine up there because wildlife values were so high.
Puzzlingly, a 2016 SEC Report map shows Lithium Americas then controlling much of the current Jindalee claims block in “Miller” [Malheur] county. Why would they let go of Oregon claims while gearing up for Thacker? FMS Nevada claims lie in critical sagebrush by the east face of the Montanas. LiVE, another company, also has some Nevada claims. This month, there were mining press articles and a video about Jindalee drilling again this November. I contacted Vale BLM, and BLM says No. If you’re out in the Caldera, keep your eyes on what’s going on.
Jim Jeffress, a retired NDOW biologist (so he can speak his mind) describes how ideal for Sage-grouse Caldera lands are. He says what happens in the Montana Mountains with key sage grouse habitat “will define the resolve of the state of Nevada and BLM in the recovery of Sage-grouse in Nevada”. He extols the high bird abundance, the ideal habitat configuration, calls the Montanas exceptionally important, the gold standard for Sage-grouse, and a critical bridge between populations, writing:
“My primary concern is focused on ANY mine site or extraction areas on top of the Montana Mountains in the area commonly referred to as Lone Willow, now or in the future. That concern extends into Jordan Meadows in the east that serves as wintering grounds for the Montana Mountains sage-grouse population and those in southern Oregon”.
The Caldera is a unique inter-connected ecosystem, spanning Nevada and Oregon, with irreplaceable habitat for Sage-grouse and other wildlife. It must be protected from a mad, rapacious minerals rush.
Environmental Advocates and Groups To Protest Latest Proposed Algonquin Pipeline Expansion Near Shuttered Indian Point Nuclear Plant
On Tuesday, activists will rally outside the shuttered Indian Point nuclear plant in Buchanan in protest of the latest proposed Algonquin Pipeline Expansion in the area. The protest will occur blocks from where, in 2016, three activists were arrested for blocking the last Algonquin Pipeline expansion of an added 42-inch high-pressure pipeline. In addition, two older 32-inch and 23-inch pipelines run underneath the plant. Decommissioning at Indian Point houses over 2,000 tons of irradiated fuel rods in addition to other radioactive waste.
Protestors will call on Governor Hochul to stop pipeline owner Enbridge’s latest “Project Maple” proposal. Project Maple was noticed by Enbridge HERE.
WHAT: Rally calling on Governor Hochul to stop Enbridge’s “Project Maple” fracked gas pipeline expansion
WHEN: Tuesday, November 14 at 4:30pm ET
WHERE: Outside the shuttered Indian Point nuclear plant on the corner of Bleakley Ave & Broadway in Buchanan, NY
WHO: Activists representing Food & Water Watch, United for Clean Energy, Safe Energy Rights Group, and more
“Project Maple” would significantly expand the amount of gas transmitted through the Algonquin Pipeline which runs from the Hudson Valley through Connecticut to Massachusetts. Enbridge anticipates its proposal to come on line as soon as November 2029.
The proposal to expand fracked gas in the region comes despite New York’s Climate Leadership & Community Protection Act which mandates greenhouse gas emissions reductions of at least 85 percent by 2050 and the state’s nation leading ban on fossil fuels in new buildings, which will go into effect in 2026.
Editor’s note: As we see in this article, published on 10/24/2023 by Investigate Europe you can find on their website www.investigate-europe.eu, the European Union abandons it’s own environmental standards when it comes to pursuing geopolitical interests in remote places.
In July of 2023 the European Parliament voted for the EU restoration law so that a part of the 80 percent of natural habitats already damaged can be rewilded. But the implementation of this law can only make an impact if Europe decreases it’s use of metals and minerals from mining, outside and inside of it’s borders.
With importing “critical” metals from Russia the EU supports a war that displaces millions of people and harms wild habitats. These double standards, imposing sanctions on Moscow yet at the same time profiting off of the rich “resources” Russia provides, shows how modern societies work: governments and industries must firstly attend upon their high energy demand, ethical and environmental standards are at the bottom of the list.
Could it be the reason for this is not in spite of a defence against the attacker but because of it: The land of the enemy should be used to the benefit of the one who is in the “right” until it is drained of it’s “resources”. Like an outlawed person bereaved of rights and dignity. This dangerous attitude unfolds in front of our eyes: a competition where the living planet can only loose.
By Pascal Hansens, Sigrid Melchior, Maxense Peigné, Harald Schumann / Investigate Europe
Since Russia’s invasion of Ukraine in February 2022, the 27 EU countries have adopted 11 sanction packages, targeting raw materials including oil, coal, steel and timber. But minerals that the EU considers as “critical” raw materials – 34 in total – still flow freely from Russia to Europe in vast quantities, providing crucial funds to state enterprises and oligarch-owned businesses.
While some of its western allies have targeted Russia’s mining sector – the UK recently banned Russian copper, aluminium and nickel – the EU has continued its imports. Airbus and other European companies are still buying titanium, nickel, and other commodities from firms close to the Kremlin more than a year after the invasion, Investigate Europe can reveal.
Between March 2022 and July this year, Europe imported €13.7 billion worth of critical raw materials from Russia, data from Eurostat and the EU’s Joint Research Centre shows. More than €3.7 billion arrived between January and July 2023, including €1.2 billion of nickel. The European Policy Centre estimates that up to 90 per cent of some types of nickel used in Europe comes from Russian suppliers.
“Why are critical raw materials not banned? Because they are critical, right. Let’s be honest,” the EU’s special envoy for sanctions, David O’Sullivan, pithily said at a September conference.
The Union is desperate for critical raw materials to achieve its aim of climate neutrality by 2050. These commodities are crucial for electronics, solar panels and electric cars, but also for traditional industries like aerospace and defence. Yet they are all too often in scarce supply, unevenly available across the globe, and in high demand.
“The war in Ukraine has clearly shown the willingness of Russia to weaponise the supply of key resources. As Europeans, we cannot tolerate that,” says Henrike Hahn, a German Green MEP working on the new Critical Raw Materials Act.
Europe’s imports not only fund Russia’s war economy, but also benefit Kremlin-backed oligarchs and state companies. Although the EU has targeted some shareholders, Russia’s mining businesses have faced no restrictions. The loophole is even more glaring that the US and the UK sanctioned several firms directly, further isolating the EU in its double standards.
Analysis of Russian customs data shows that Vsmpo-Avisma, the world’s largest titanium producer, sold at least $308 million of titanium into the EU via its German and UK branches between February 2022 and July 2023. It is part-owned by Russia’s national defence conglomerate, Rostec. The two companies share the same chairman: Sergei Chemezov, a close Putin ally. The pair were KGB officers in East Germany in the 1980s.
Both Chemezov and Rostec are under EU sanctions and helped supply tanks and weapons to the Russian army. Brussels has not sanctioned Vsmpo-Avisma directly, but the US did ban exports to the firm on 27 September, saying it was “directly involved in producing and manufacturing titanium and metal products for the Russian military and security services.”
Among Vsmpo-Avisma’s largest European customers is Airbus, the aerospace giant partly owned by the French, German and Spanish states. Between the start of the war and March 2023, Airbus imported at least $22.8 million worth of titanium from Russia; a fourfold increase in value and tonnes compared to the previous 13 months.
From 14 March 2023, Vsmpo-Avisma stopped identifying buyers in customs filings but nothing indicates a significant change in trends. Titanium imports to France only slightly decreased between then and July 2023, and Airbus still listed the company as a supplier in July.
“We have no comment on the details and evolution of our titanium sourcing volumes,” an Airbus spokesperson said. “Generally speaking, Airbus is currently ramping up commercial aircraft production and this is having a mechanical impact on its overall procurement volumes.” Even though it will take time, the group is reducing its dependency on Russia, the spokesperson said, adding that a ban on Russian titanium for civil aviation would “encourage the Russian industry to focus on defence needs.”
Unlike Vsmpo-Avisma, other Russian companies have avoided naming their buyers in customs filings altogether. Yet the data still gives a scale of their fruitful relationship with the west. Nornickel, the world leader in palladium and high-grade nickel, exported $7.6 billion worth of nickel and copper into the EU via Finnish and Swiss subsidiaries between the start of the war and July 2023. It also sent over $3 billion of palladium, platinum and rhodium into Zurich airport. In 2022, almost 50 per cent of Nornickel’s sales went to Europe. Brussels has not sanctioned the group nor its chairman and largest shareholder, Vladimir Potanin, an oligarch and former deputy prime minister under US and UK sanctions.
Aluminium giant Rusal also uses tax havens to funnel minerals to Europe, where it owns the EU’s largest alumina refinery in Ireland and a smelter in Sweden. Its Jersey and Swiss-based trading houses brought at least $2.6 billion of aluminium into the bloc in the 16 months following the invasion of Ukraine. In August 2023, Rusal said Europe still accounted for a third of its revenues. Rusal’s main shareholder is oligarch Oleg Deripaska, sanctioned by the EU and its western partners.
Anti-corruption NGO Transparency International says it does not make sense that the sector has avoided sanctions given the known links.
“They are part of the system and fueling Putin’s war,” says senior policy officer Roland Papp. “So it’s perfectly logical to ban those critical raw materials from Russia, as we did for other sectors and goods.”
Since the start of the war, other European buyers of Russian metals have included Germany’s GGP Metal Powder ($66 million of copper), French arms-maker Safran ($25 million of titanium) and Greece’s Elval Halcor ($13 million of aluminium). Dutch logistics firm C. Steinweg also handled at least $100 million of various critical metals on behalf of its customers.
Safran confirmed they are still buying titanium from Vsmpo-Avismo but are working to reduce their Russia purchases. GGP Metal Powder said “there is no real alternative to our supplier from Russia“. C. Steinweg said they follow all rules and sanctions. Elval Halcor, Vsmpo-Avisma, Rusal and Nornickel did not reply to requests for comment.
At the start of the war, Europe was relying on Russian producers for 30 per cent of its nickel, 35 per cent of its alumina and 15 per cent of its aluminium, according to an internal memo by trade body Eurometaux seen by IE. Russia accounted for 41 per cent of the world’s palladium production, and up to 25 per cent of its vanadium output.
“Russia occupies a large part of Eurasia – it possesses a big part of the strategic reserves of critical raw materials, on par with China,” says Oleg Savytskyi from Razom We Stand, a Ukrainian NGO. Moreover, “the low density of the population, authoritarian control and practical absence of environmental and human rights protections made investments in the mining of Russia’s resources terribly attractive,” he adds.
The EU’s crippling dependency should have been curbed earlier, argues Transparency International’s Papp. “We’ve had enough time to react. The annexation of Crimea dates back to 2014, the invasion of Georgia even dates back to 2008 15 years ago! And what have we done? We’ve increased our dependence on Russia. It was an absolute and serious mistake.”
A Polish diplomat said Poland has pressed the EU to “decouple completely” from Russia in several areas, “but for the sake of unity and efficiency in adopting new sanctions packages we have agreed to postpone particular measures until further discussion.”
As EU sanctions require unanimity among all member states, divergent national economic interests can often water down packages. When the ninth set of sanctions banned fresh investments in Russia’s mining sector in December 2022, it included an exemption to invest in some mining activities for some critical raw materials. As a result, European companies can still pour cash into Russian mines to extract nickel, titanium and other key metals.
The European Commission won’t publicly comment on whether or not it has proposed a ban on critical raw materials. One reason could be that “sanctions are carefully designed to hit their targets while preserving EU interests,“ an EU source told IE.
Weaning the EU off Russia’s critical and strategic materials will be difficult. Replacing suppliers and forging new international partnerships is an arduous process. Finding a raw material, such as titanium or copper, with a similar quality and price of those from Russia is also a challenge.
Imposing tariffs or severing ties too quickly could lead to a global price surge which would harm European buyers while benefiting Moscow. A ban could also prompt India, Iran, and China to intensify purchases, further depleting critical raw material resources for EU industries.
Tymofiy Mylovanov, president of the Kyiv School of Economics, says a ban would be difficult to implement given global demand challenges and Europe’s reliance on Russia. “Overall, with these specific materials, the monetary value of what Russia would lose from the EU import ban, might be smaller than the effect on the EU production,” says Ukraine’s former trade and economic development minister.
UN trading data shows that while EU imports of Russian copper, nickel and aluminium imports have declined in the past two years, nickel and aluminium revenues remained stable. Russia’s nickel sales to the EU were worth $1 billion in the first half of 2021 and were $1.1 billion two years later.
The Union is now trying to reduce its dependency. In March, the European Commission presented its Critical Raw Materials Act (CRMA), a new legislation aimed at reducing EU dependency on third countries for critical raw materials.
“War in Europe is a risk which was not present in the last decades and Russia was known as a reliable supplier,” says German MEP Hildegard Bentele, shadow rapporteur on the CRMA at the European Parliament. “The EU should take immediate action to support European companies to decrease and replace their CRM deliveries from Russia as soon as possible.”
The High Representative of the Union for Foreign Affairs and Security Policy is expected to propose a 12th package of sanctions in the coming weeks, which will be then discussed by member states. Brussels hopes the package will renew pressure on the Russian economy and sap its fighting strength on the battlefields of Ukraine. Restrictions on critical raw materials does not seem to be on the table.
Editor’s Note: We bring to you a combination of two posts. The first is about a mass arrest of activists during climate protests on September 18. The protests were part of a global coordinated climate action. The second is about the new permits issued in the US for offshore oil drilling. For a president who ran his election on not allowing any more drillings, the move is a shift from his electoral promises. Though reflecting a lack of integrity, it still does not come as a surprise. Both the Democratic and Republican parties have shown, time and again, to favor corporations over nature, people, justice and freedom. This crackdown on protestors and permission for new drilling projects are just a reflection of that. As much as we oppose fossil fuels and oil drilling, DGR does not believe a renewable transition to be a solution to it. And calling a climate emergency to pursue that purpose would be folly.
114 Climate Defenders Arrested While Blocking Entry to NY Federal Reserve
A day after tens of thousands of climate activists marched through Manhattan’s Upper East Side demanding an end to oil, gas, and coal production, thousands more demonstrators hit the streets of Lower Manhattan Monday, where more than 100 people were arrested while surrounding the Federal Reserve Bank of New York to protest fossil fuel financing.
Protesters chanted slogans like “No oil, no gas, fossil fuels can kiss my ass” and “We need clean air, not another billionaire” as they marched from Zuccotti Park—ground zero of the 2011 Occupy Wall Street movement—to pre-selected sites in the Financial District. Witnesses said many of the activists attempted to reach the New York Stock Exchange but were blocked by police.
“We’re here to wake up the regulators who are asleep at the wheel as they continue to let Wall Street lead us into ANOTHER financial crash with their fossil fuel financing,” the Stop the Money Pipeline coalition explained on social media.
Protests against 300-mile-long oil pipeline through the Appalachians
Local and national media reported New York Police Department (NYPD) officers arrested 114 protesters and charged them with civil disobedience Monday after they blocked entrances to the Fed building. Most of those arrested were expected to be booked and released.
“I’m being arrested for exercising my First Amendment right to protest because Joe Manchin is putting a 300-mile-long pipeline through my home state of West Virginia and President [Joe] Biden allowed him to do it for nothing in return,” explained Climate Defiance organizer Rylee Haught on social media, referring to the right-wing Democratic senator and the Mountain Valley Pipeline.
As she was led away by an NYPD officer, a tearful Haught said Biden “sold us out.”
“He promised to end drilling on federal lands, and he’s selling out Appalachia’s future for profit,” she added.
The demand is: declare a climate emergency
Responding to the “block-long” line of arrestees, Climate Defiance asked: “Why are we getting handcuffed while people who literally torch the planet get celebrated for their ‘civility’ and their ‘moderation’?”
Alicé Nascimento of New York Communities for Change told WABC that the protests—which are part of Climate Week and are timed to coincide with this week’s United Nations Climate Ambition Summit—are “our last resort.”
“We’re bringing the crisis to their doorstep and this is what it looks like,” said Nascimento.
As they have at similar demonstrations, protesters called on Biden to stop approving new fossil fuel projects and declare a climate emergency. Some had a message for the president and his administration.
“We hold the power of the people, the power you need to win this election,” 17-year-old Brooklynite Emma Buretta of the youth-led protest group Fridays for Future told WABC. “If you want to win in 2024, if you do not want the blood of my generation to be on your hands, end fossil fuels.”
‘Gross Denial of Reality’: Biden Infuriates With Approval of More Offshore Drilling
Rejecting the corporate media’s narrative that U.S. President Joe Biden’s newly-released offshore drilling plan includes the “fewest-ever” drilling leases, dozens of climate action and marine conservation groups on Friday said the president had “missed an easy opportunity to do the right thing” and follow through on his campaign promise to end all lease sales for oil and gas extraction in the nation’s waters.
The U.S. Interior Department announced Friday its five-year plan for the National Outer Continental Shelf Oil and Gas Leasing Program, including three new areas in the Gulf of Mexico where fossil fuel companies will be permitted to drill.
Government won’t reach it’s climate goals whith new drilling leases
Biden promised “no new oil drilling, period” as a presidential candidate, but he announced the plan six months after the administration’s approval of the Willow oil drilling project in Alaska incensed climate advocates.
The industries have already bought 9,000 drilling leases – to which the new leases will be added. This is “incompatible with reaching President Biden’s goal of cutting emissions by 50-52% by 2030,” said the Protect All Our Coasts Coalition, citing the findings of Biden’s own Environmental Protection Agency (EPA) and its Office of Atmospheric Protection earlier this year.
Texan citizens suffer under pollution in the Gulf region
While the final plan scales back from the eleven sales that were originally proposed, said the coalition, “the plan is a step backwards from the climate goals the administration has set and for environmental justice communities across the Gulf South, who are already experiencing the disproportionate impact of fossil fuel extraction across the region.”
The coalition includes the Port Arthur Community Action Network, which has called attention to the risks posed to public health in the Gulf region by continued fossil fuel extraction.
“Folks in Port Arthur, Texas die daily from cancer, respiratory, heart, and kidney disease from the very pollution that would come from more leases and drilling,” said John Beard, the founder, president, and executive director of the group. “If Biden is to truly be the environmental president, he should stop any further leasing and all forms of the petrochemical build-out, call for a climate emergency, and jumpstart the transition to clean green, renewable energy, and lift the toxic pollution from overburdened communities.”
Our fossil fuel-lifestyle incompatible with the survival of the earth
Kendall Dix, national policy director of Taproot Earth, dismissed political think tanks that applauded the “historically few lease sales” on Friday.
“The earth does not recognize political ‘victories,'” said Dix, pointing to an intrusion of saltwater in South Louisiana’s drinking water in recent weeks, which has been exacerbated by the fossil fuel-driven climate crisis.
“As the head of the United Nations [António Guterres] has said, continued fossils fuel development is incompatible with human survival,” he added. “We need to transition to justly sourced renewable energy that’s democratically managed and accountable to frontline communities as quickly as possible.”
Biden’s drilling plans break his campaign promises
Along with groups in the Gulf region, national organizations on Friday condemned a plan that they said blatantly ignores the repeated warnings of international energy experts and the world’s top climate scientists who say no new fossil fuel expansion is compatible with a pathway to limiting planetary heating to 1.5°C.
“Sacrificing millions of acres in the Gulf of Mexico for oil and gas extraction when scientists are clear that we must end fossil fuel expansion immediately is a gross denial of reality by Joe Biden in the face of climate catastrophe,” said Collin Rees, United States program manager at Oil Change International. “Doubling down on oil drilling is a direct violation of President Biden’s prior commitments and continues a concerning trend.”
Rees noted that 75,000 people marched in New York City last week to demand that Biden declare a climate emergency and end support for any new fossil fuel extraction projects.
Protesters fear the destruction of land based communities and wildlife
“End Fossil Fuels is pretty clear,” said Rees, referring to campaigners’ rallying cry. “Not ‘hold slightly fewer lease sales,’ not ‘talk about climate action’—End. Fossil. Fuels.”
Despite Biden’s campaign promises, Rees noted, the U.S. is currently “on track to expand fossil fuel production more than any other country by 2050.”
“I feel disgusted and incredibly let down by Biden’s offshore oil drilling plan. It piles more harm on already-struggling ecosystems, endangered species and the global climate,” said Brady Bradshaw, senior oceans campaigner at the Center for Biological Diversity, another member of the Protect All Our Coasts Coalition. “We need Biden to commit to a fossil fuel phaseout, but actions like this condemn us to oil spills, climate disasters, and decades of toxic harm to communities and wildlife.”
The lease sales, said Sarah Winter Whelan of the Healthy Ocean Coalition, also represent a missed opportunity by the administration to treat the world’s oceans “as a climate solution, not a source for further climate disaster.”
Under the Inflation Reduction Act, negotiated by the White House last year, the government is required to offer at least 60 million acres of offshore gas and oil drilling leases before developing new wind power projects of similar scope.
“A single new lease sale for offshore oil and gas exploration is one too many,” said Whelan. “Communities around the country are already dealing with exacerbating impacts from climate disruption caused by our reliance on fossil fuels. Any increase in our dependence on fossil fuels just bakes in greater impacts to humanity.”
Gulf communities, added Beard, “refuse to be sacrificed” for fossil fuel profits.
The following is a press release by Alyansa Tigil Mina (ATM) about a protest action against seabed quarrying in Manila Bay. DGR Asia Pacific is also a collaborator of the protest.
Press release
Alyansa Tigil Mina together with Deep Green Resistance and Local Autonomous Network trooped to the Senate during the joint hearing on seabed quarrying today for a peaceful protest action dubbed “Food Not Quarry” as they asked the Senate to urge President Bongbong Marcos, Jr. to issue an Executive Order suspending all Manila Bay reclamation projects.
ATM submitted its Position Paper on Seabed Quarrying during the joint hearing of the Senate Committee on Environment, Natural Resources and Climate Change and the Senate Committee on Urban Planning, Housing and Resettlement.
“ATM respectfully calls on the distinguished members of the Philippine Senate to urge President Marcos Jr. to issue an executive order formalizing his August 9 announcement that reclamation projects in Manila Bay are suspended,” said the group in their position paper.
“Despite President Marcos’ announcement suspending the Manila Bay reclamation projects, we still observe an increase in sand mining, river dredging and seabed quarrying in Cagayan, Zambales, Bataan, and Cavite. These activities appear to provide filling materials for Manila Bay reclamation projects,” said Jaybee Garganera, ATM National Coordinator.
ATM’s position paper further notes that interviews with Cavite fishing communities revealed: the absence or lack of consultations before seabed quarrying activities were permitted; frequent incidents of dredging ships damaging fishing nets; and, sharp decline in fish catch since the dredging started.
The group called for the inclusion of people’s organizations, coastal communities, and civil society groups in the on-going cumulative assessment by the DENR.
“We also call on the Senate to hold accountable concerned government officials and private actors for the environmental damage and human rights violations caused by the seabed quarrying projects,” Garganera said.
“We likewise demand the rehabilitation of marine resources and compensation of coastal families whose rights and livelihood were adversely affected.”
Outside the Senate building, the protestors demanded the “eventual halt or cancellation of seabed quarrying projects that destroy fishing grounds and municipal waters, and bring about hunger and poverty to nearby communities.”
“Our direct action aims to surface the discontent surrounding seabed quarrying in San Nicholas Shoal Cavite as well as other areas.
We would also like to bring attention to the need for sustainable projects that ensure food security, especially in the midst of the climate crisis,” said Garganera.
Jonila Castro and Jhed Tamano resurfaced
Jonila Castro and Jhed Tamano (two activists abducted on September 2) have resurfaced. There are two versions of what happened to them.
In the official version (published September 16), the governmental law enforcement agencies claim that the two women were not abducted but left on their free will. They also claimed that they wanted to leave the group against Manila Bay Reclamation Project but were afraid to do so. As a result they fled from their homes and surrendered to the military. This news story highlights the official statement of the story.
The military presented the two women in a press conference on September 20. The aim of the press conference was to “debunk the abduction propaganda.” The two women were supposed to support the official version of the event. However, when Castro took the floor, she boldly claimed that she was abducted and forced to sign affidavit in military camps. Tamano supported Castro’s claim, after which the press conference was halted abruptly. Thankfully, the women were released hours after the conference in the presence of their families and human rights activists. A report of the press conference can be found here.
As a movement becomes more effective, the repression against it becomes stronger. The powerful will do anything in their power to destroy the movement. DGR commends the bravery of Castro and Tamano, for maintaining their courage and commitment to the natural world despite the hardships.
DGR is now selling a campaign shirt to support the operation cost of our ongoing campaign in the Philippines. We strongly opposed the Seabed Quarrying in San Nicolas Shoal in Cavite and Manila Bay Reclamation Projects which cause a wide ecological marine destruction and kill the livelihood of thousands of small fisherfolks around Manila Bay.
Price: P500.00
For every shirt that you purchase, DGR Asia Pacific will get P200 pesos that we will use in our activity and actions about Seabed Quarrying and Reclamations.
Editor’s Note; It is important to understand the difference between a reform and a revolution in any political movement. A reform aims to tweak some aspects of the system to make it more equitable, fair and just. A revolution, on the other hand, changes the overall structure of the system. DGR, as a radical environmental and a radical feminist organization, believes that reforms are not enough in a system that is inherently rooted in oppression and injustice. We believe that a revolution is necessary to remove that deep rooted structural violence. However, we also understand that a revolution requires political organizing at a much larger scale. While we are working on building that political movement, the natural world is being destroyed. Till then, something needs to be done to protect the pieces of natural world that we have left, no matter how small. That is where reforms contribute. We understand the perseverance and diligence it takes to bring about any reform and appreciate those who are working on it. Below is the story of such a movement. Though originally designed to be much more protective of nature and indigenous people, the mining laws in Mexico were modified to be much less than that by the time they were passed. The US is still ruled by the Mining Law of 1872.
Reforms to Mexico’s mining law limit harmful practices by extractive industries and improve protections for the environment and Indigenous peoples. But they’re also a far cry from the change activists had been hoping for.
Under the new reform, Indigenous communities will receive 5% of a mining operation’s profits. The maximum lifespan of mining concessions is also reduced from 100 years to 80.
Concessions will no longer be granted in areas with water shortages or in protected areas. Currently, there are 1,671 mining concessions in 70 protected areas in Mexico, spreading across 1.5 million hectares (3.7 million acres) of preserved land.
MEXICO CITY — A major reform approved by congress last week is supposed to limit harmful practices by the mining industry and improve protections for the environment and Indigenous peoples. But some parts of the reform faced strong resistance from pro-business interests, resulting in a watered-down version that some environmentalists said doesn’t go far enough.
The reform, originally introduced by President Andrés Manuel López Obrador at the end of March, was designed to make it harder for private companies to obtain mining concessions without accounting for impacts on surrounding ecosystems and local communities.
It establishes free and prior consent as a requirement for mining concessions, meaning that companies must meet with residents to discuss the impacts of their projects before receiving permits. It also requires companies to restore the land once a mine closes.
But some of the most impactful components of the proposal were negotiated down. Payment to Indigenous communities living near mining operations was originally supposed to be 10% of mining profits but lawmakers reduced it to 5%.
There was also debate about the length of mining concessions, which the previous version of the law set at up to 100 years. Although the original reform proposal wanted to limit it to just 30 years, effectively preventing the companies from shaping entire regions for the long term, lawmakers ultimately settled on 80 years.
“These topics were suppressed or modified without justification and under pressure from the business interests that are responsible for social and environmental devastation,” Colectiva Cambiémosla Ya and Alliance for Free Determination and Autonomy, two mining activist groups, said in a statement ahead of the senate vote.
Deputy Ignacio Mier Velazco, from the state of Puebla — who explained that the reforms were changed to avoid risking investment and economic development — said he was confident the version that was passed would still improve oversight of the industry. Many activists in the region agreed, telling Mongabay the reforms were a victory that allowed for some positive change and a way forward for the continued fight against mining.
Mexico’s mining industry has experienced rapid growth since 1992, when the original mining law was passed. The country has become a top exporter of silver, zinc and other important minerals. In the 1980s, less than 1% of Mexican territory was under a mining concession. Now, it’s a little more than 8%, according to the president’s reform proposal.
Editor’s note: The FPIC (Free, prior and informed consent) and UNDRIP (UN Declaration of the Rights of Indigenous Peoples) are international standards, that some companies have adopted into their policies. The FPIC is an international human rights principle that protect peoples’ rights to self-determination. UNDRIP delineates and defines the individual and collective rights of indigenous peoples. Both of these are important principles that improve the sovereignty of indigenous peoples. However, neither of these are legally binding, which has disastrous outcomes.
Companies and countries alike are bypassing these principles in favor of profitable ventures, most recent of which are clean energy projects.
Right now, companies that advance the “clean” energy transition are threatening the land and the livelihoods of indigenous peoples and peasants. Demand for minerals like copper and lithium is skyrocketing, as every economic sector is being transitioned towards the fourth industrial revolution. But indigenous peoples need to have their right to a say in decisions affecting to their land. Ecosystems and people living with the land are being victimized to serve an economy that is desperately trying to save itself from collapsing.
When Francisco Calí Tzay, the United Nations special rapporteur on the rights of Indigenous peoples, spoke at the 22nd United Nations Permanent Forum on Indigenous Issues, or UNPFII, last week, he listed clean energy projects as some of the most concerning threats to their rights.
“I constantly receive information that Indigenous Peoples fear a new wave of green investments without recognition of their land tenure, management, and knowledge,” said Calí Tzay.
His statements — and those made by other delegates — at what is the world’s largest gathering of Indigenous peoples, made clear that without the free, prior, and informed consent of Indigenous people, these “green” projects have the capacity to seriously impede on Indigenous rights.
Free, prior and informed consent — known as FPIC — has always been an important topic at the UNPFII, but this year it’s taken on a renewed urgency.
Mining projects and carbon offsets put pressure on indigenous groups
“The strong push is because more and more of climate action and targets for sustainable development are impacting us,” said Joan Carling, executive director of Indigenous Peoples Rights International, an Indigenous nonprofit that works to protect Indigenous peoples’ rights worldwide.
Indigenous peoples around the world are experiencing the compounding pressures of clean energy mining projects, carbon offsets, new protected areas and large infrastructure projects on their lands as part of economic recovery efforts in the wake of Covid-19, according to The International Work Group for Indigenous Affairs 2023 report.
Green colonialism threatens ecosystems
As states around the world trend towards transitioning to “clean” energy to meet their national and international climate goals, the demand for minerals like lithium, copper, and nickel needed for batteries that power the energy revolution are projected to skyrocket. The demand could swell fourfold by 2040, and by conservative estimates could pull in $1.7 trillion in mining investments.
Although Indigenous delegates say they support “clean” energy projects, one of the issues is their land rights: more than half of the projects extracting these minerals currently are on or near lands where Indigenous peoples or peasants live, according to an analysis published in Nature.
This can lead to their eviction from territories, loss of livelihoods, or the deforestation and degradation of surrounding ecosystems.
“And yet […] we are not part of the discussion,” said Carling. “That’s why I call it green colonialism — the [energy] transition without the respect of Indigenous rights is another form of colonialism.”
However, standing at the doorway of a just “clean” energy transition is FPIC, say Indigenous delegates. FPIC is the cornerstone of international human rights standards like the U.N. Declaration on the Rights of Indigenous Peoples, known as UNDRIP. Though more than 100 countries have adopted UNDRIP, this standard is not legally binding.
Companies and governments don’t abide by communities
Because of this, delegates are calling on countries and companies to create binding policy and guidelines that require FPIC for all projects that affect Indigenous peoples and their lands, as well as financial, territorial and material remedies for when companies and countries fail to do so.
However, there is some push back. The free prior, informed consent process can lead to a wide variety of outcomes including the right for communities to decline a highly profitable project, which can often be difficult for countries, companies and investors to abide by, explains Mary Beth Gallagher, the director of engagement of investment at Domini Impact Investments, who spoke at a side event on shareholder advocacy.
Indigenous Sámi delegates from Norway drew attention to their need for legally enforceable FPIC protection as they continue to protest the Fosen Vind Project, an onshore wind energy complex on Sámi territory, that the country’s Supreme Court ruled violated their rights.
“We have come to learn the hard way that sustainability doesn’t end colonialism,” said a Sámi delegate during the main panel on Tuesday.
Across the globe indigenous peoples face eviction
In the United States, the Reno-Sparks Indian Colony, the People of Red Mountain and members of the Fort McDermitt Tribe filed lawsuits against the federal Bureau of Land Management for approving the permits for an open-pit lithium mine without proper consultation with the tribes. In the Colombian Amazon, the Inga Indigenous community presented a successful appeal for lack of prior consultation from a Canadian company that plans to mine copper, molybdenum and other metals in their highly biodiverse territory.
Consternation over governments and multinational companies setting aside FPIC has long extended over other sectors, like conservation and monoculture plantations for key cash crops. In Peru, the Shipibo-Konibo Indigenous peoples are resisting several large protected areas that overlap with their territory and were put in place without prior consultation. In Tanzania and Kenya, the Maasai are being actively evicted from their lands for a trophy hunting and safari reserve. Indigenous Ryukyuan delegates condemn the ongoing use of their traditional lands and territories by the Japanese and U.S. governments for military bases without their free, prior, and informed consent.
Implementing the FPIC is truly sustainable
While delegates put a lot of emphasis on the lack of FPIC, they put equal emphasis on FPIC as a crucial part of the long-term sustainability of energy projects.
“FPIC is more than just a checklist for companies looking to develop projects on Indigenous lands,” said Carling. “It is a framework for partnership, including options for equitable benefit sharing agreements or memorandum of understanding, collaboration or conservation.”
The focus at this year’s conference has emphasized the growing role of FPIC in the private sector. Investors and developers are increasingly considering the inclusion of FPIC into their human rights due diligence standards. Select countries such as Canada have implemented UNDRIP in full, although First Nation groups have pointed out irregularities in how it is being implemented. The European Union is proposing including specific mandatory rights to FPIC in its corporate sustainability due diligence regulation. Side events at the UNPFII focused on topics like transmitting FPIC Priorities to the private sector and using shareholder advocacy to increase awareness of FPIC.
Gallagher of Domini Impact Investments said companies have a responsibility to respect human rights, which includes FPIC: “If they have a human rights commitment or they have a commitment in their policies not to do land grabs, we have to hold them to account for that.”
Indigenous leadership at the center of negotiations
In 2021, the world’s largest asset manager, BlackRock, published an expectation that companies “obtain (and maintain) the free, prior, and informed consent of Indigenous peoples for business decisions that affect their rights.” Large banks like Credit Agricole have included FPIC in their corporate social responsibility policy. But in most cases, even when companies have a FPIC policy it doesn’t conform to the standard outlined in UNDRIP and is not legally binding.
“It doesn’t do the work it’s supposed to do to protect self-determination,” said Kate Finn, director at First Peoples Worldwide. “It becomes a check-the-box procedure that’s solely consultations and stakeholder consultation instead of protection of rights and self-determination.”
“If communities aren’t giving their consent, a company has to respect that,” said Gallagher, who added “There’s obviously points of tension where investors have different agendas and priorities but ultimately, it’s about centering Indigenous leadership and working through that.”
Not properly abiding by FPIC can be costly to companies in countries that operate where it is a legal instrument. It comes with risks of losing their social operation to license, and financial damages. According to a study by First Peoples Worldwide, Energy Transfer and the banks that financed the now-completed Dakota Access Pipeline, lost billions due to construction delays, account closures, and contract losses after they failed to obtain consent from the Standing Rock Sioux Tribe in the United States.
Ultimately, Indigenous people need to be part of decision-making from the beginning of any project, especially “clean” energy projects mining for transition minerals on their territories, said Carling. “For us, land is life, and we have a right to decide over what happens on our land.”
Banner by Carolina Caycedo. Lithium Intensive, 2022. Color pencil on paper. Courtesy of the artist.