Redwoods: Only The Tallest Trees Because The Rest Have Been Logged

Redwoods: Only The Tallest Trees Because The Rest Have Been Logged

By Max Wilbert / Images: public domain

Here is a familiar fact to many people across the United States and the world: the Redwoods of Northern California are the tallest trees in the world at nearly 400 feet.

This is both true and false. It’s true because right now the redwoods are the tallest trees. But it’s false because not long ago, that wasn’t the case.

The tallest known redwood is 379 feet tall. But historical accounts are full of references to Douglas Fir trees 400 feet tall and more. One tree in the lower North Fork of the Nooksack River Valley is thought to have been 465 feet tall, probably the largest known tree ever recorded anywhere on the planet. And it wasn’t alone.

Micah Ewers of Portland writes, “If this was just a freak occurrence, I would write it off. But I’ve collected 90 to 100 reports of 300- to 400-foot Douglas firs. A hundred years ago, trees rivaling the height of the redwoods were fairly common. The whole Puget Sound was just filled with giant trees.”

His research found references to many trees that would be considered world record holders today on the sites of current downtown Seattle and downtown Vancouver in British Columbia.

So if you find yourself among the skyscrapers of Seattle or Vancouver, or wandering through the neighborhoods and suburbs or young woodlands of the territory in between, take some time to reflect that where you are walking was not that long ago full of the largest trees on the planet, trees who were killed for profit, for greed, for colonization, for capitalism, for growth, for progress.

Followup:

Micah Ewers responded to this post with an extensive comment below. We’re copying the text here. Thanks Micah!

Thanks for the mention. Yeah the size of forest that was growing in Seattle was astounding. 250 – 300 foot trees were common back then. I am trying to follow up on an old report of a 412 footer said to have been logged around Tacoma, and another big tree 17.8 feet in diameter east of Seattle was reported in 1909 at over 400 feet, the tree was so big that the Puget Sound railroad had to be built around it. Another fir tree reported in Chehalis County in 1893 was measured with survey instruments at over 400 feet, and 17 feet diameter. There were even reports of 300 foot cedars, and 400 ft Sitka Spruce, 20 ft in diameter in Washington and Oregon 100 years ago.

If you look up “Ravenna Park” in a google image search you can find old post cards which give the size of some of the trees that used to grow in Seattle’s most treasured city Park,… Before they were all cut down for quick cash between the 1910’s – 1920’s… the excuse was that the trees were dying and needed to come down, which may have been true for one, but not the whole stand. Those fantastic trees were listed on the post cards as from 270 to about 400 feet in height and 10 to 12, even 14 feet in diameter. Age estimates were between 1,000 and 2,000 years for the oldest of them. Just imagine these massive old beasts jutting out of the little creek and valley near the University district.

Same story in Vancouver, only at least Stanley Park was preserved and wind had blown down the last of the 325 footers in the park in 1926. Portland Also had some 300 – 330 footers in its vicinity, the last of them logged in the 1910’s – 20’s.

I think the redwoods and Douglas fir were actually tied for tallest tree, only that the tallest reported Redwoods I have discovered were up to 424 foot circa. 1886, while the highest reports for Douglas fir is 465. I actually heard a story from a guy in a Gardenweb forum who claimed his father had felled a 480 foot fir in the Black Hills, near Bordeaux, Washington around 1930– although, this is second hand, so it remains an unsubstantiated claim, but the 2008 study on theoretical limits of Douglas fir height by Oregon State University came up with a range of 99 – 145 meters as the possible limits for Doug fir (325 – 475 ft), whereas a 2004 study on Coast Redwoods yielded a slightly smaller limit of 400 – 430 ft.. So it may well be that Douglas fir was the supreme master of stature after all! Redwood holds the title for now, although it wouldn’t surprise me if a few hidden giant Douglas fir, over 350 feet high, still exist hidden in some valley awaiting discovery.

The last real big fir that has survived into modernity (which has been publicly reported anyways) was the “Mt. Pilchuck giant”, fir tree cut down on October 22, 1952 near the small town of Verlot, Washington. The big tree, 700 years old, was reported to be over 350 foot high, 11 ft 6 inches diameter and 30,000 board feet. From that point on, records are few for the big trees over that height range, except of course, the redwoods in California which have about 300 trees alive today of that height. (Impressive, considering 96% of old growth Coast Redwood has been clear-cut).

Editor’s Note: this piece was originally published in 2015, and is being republished here  with a  few minor edits.

Arctic Permafrost Infernos

Arctic Permafrost Infernos

Image: Pierre Markuse (Flickr)

Editor’s note: the figures in this article were confirmed using multiple sources, including Grist, the Telegraph, and Inside Climate News. However, the sources are about a week old so the affected areas are probably larger

This summer’s unprecedented temperatures have melted and dried vast regions of arctic permafrost, which have begun igniting and growing into unstoppable wildfires. Russia has been forced to declare a state of emergency because active fires have now expanded to over 12,000 square miles, roughly the size of Belgium, bringing the total affected landmass to over 42,000 square miles this season. These fires are significantly worse than typical forest fires because the burning soil contains significantly more CO2 and the fires will burn for much longer.

A decade ago the phrase “melted permafrost” would have seemed like a contradiction, let alone “permafrost fire.” The definition of permafrost is that it’s not supposed to melt, at least not on human timescales. Now the carbon locked beneath melted permafrost is turning into another feedback loop, a climate system that makes itself worse once triggered; the more heatwaves we encounter the more permafrost fires we’ll experience, those fires contribute to more heatwaves, and so on in a vicious cycle.

These fires are not limited to Russia. Alaska has also experienced over 3,750 square miles of wildire through July. Even Greenland, the land of ice, has witnessed significant wildfires and lost over 197 billion tons of ice in July. These events, among many others, have made 2019 the most extreme year of climate breakdown in human history. Scientists have been forced to revise their models as levels of permafrost melt have already reached levels that were not predicted until 2090. Many climate science “alarmists” appear to have been to conservative in their estimates, an increasingly common theme.

For some people the instinct is to retreat from these horrifying events, to throw their hands up and declare the situation is hopeless and that taking action is futile. Their fear-based response is understandable but it is not acceptable; it makes those people complicit in the nihilistic destruction of life on Earth. We have a moral obligation to take action against the industrial infrastructure that has caused this catastrophe. That struggle against the forces of death is worthwhile, regardless of our personal outcomes, because life is inherently worth defending. The sooner we dismantle industrial civilization, the more species will survive, and the sooner Earth will recover.

Patriarchy is an Environmental Issue

Patriarchy is an Environmental Issue

Editors Note: This essay by Deep Green Resistance co-founder Lierre Keith was originally published on the DGR News Service in August 2015 under the title, “The Girls and the Grasses.” We think it an exceptional piece, and would like to share it again. [Photo by Max Wilbert, CC BY-NC-SA 4.0.]

by Lierre  Keith

Captured in a test tube, blood may look like a static liquid, but it’s alive, as animate and intelligent as the rest of you. It also makes up a great deal of you: of your 50 trillion cells, one-quarter are red blood cells. Two million are born every second. On their way to maturation, red blood cells jettison their nuclei―their DNA, their capacity to divide and repair. They have no future, only a task: to carry the hemoglobin that will hold your oxygen. They don’t use the oxygen themselves–they only transport it. This they do with exquisite precision, completing a cycle of circulation through your body every twenty seconds for a hundred days. Then they die.

The core of hemoglobin is a molecule of iron. It’s the iron that grasps the oxygen at the surface of your lungs, hangs on through the rush of blood, then releases it to wanting cells. If iron goes missing, the body, as ever, has a fallback plan. It adds more water to increase blood volume; thin blood travels faster through the fine capillaries. Do more with less.

All good except there’s less and less oxygen offered to the cells. Another plan kicks in: increased cardiac output. The heart ups its stroke volume and its rate. To keep you from exploding, the brain joins in, sending signals to the muscles enfolding each blood vessel, telling them to relax. Now blood volume can increase with blood pressure stable.

But still no iron arrives. At this point, the other organs have to cooperate, giving up blood flow to protect the brain and heart. The skin makes major sacrifices, which is why anemics are known for their pallor. Symptoms perceived by the person―you―will probably increase as your tissues, and then organs, begin to starve.

If there is no relief, ultimately all the plans will fail. Even a strong heart can only strain for so long. Blood backs up into the capillaries. Under the pressure, liquid seeps out into surrounding tissues. You are now swelling and you don’t know why. Then the lungs are breached. The alveoli, the tiny sacs that await the promise of air, stiffen from the gathering flood. It doesn’t take much. The sacs fill with fluid. Your body is drowning itself. This is called pulmonary edema, and you are in big trouble.

I know this because it happened to me. Uterine fibroids wrung a murder scene from me every month; the surgery to remove them pushed me across the red cell Rubicon. I knew nothing: my body understood and responded. My eyes swelled, then my ankles, my calves. Then I couldn’t breathe. Then it hurt to breathe. I finally stopped taking advice from my dog―Take a nap! With me!–and dragged myself to the ER, where, eventually, all was revealed.

Two weeks later, the flood had subsided, absorbed back into some wetland tissue of my body, and I felt the absence of pain as a positive. Breathing was exquisite, the sweetest thing I could imagine. Every moment of effortless air was all I could ever want. I knew it would fade and I would forget. But for a few days, I was alive. And it was good.

Our bodies are both all we have and everything we could want. We are alive and we get to be alive. There is joy on the surface of the skin waiting for sunlight and soft things (both of which produce endorphins, so yes: joy). There is the constant, stalwart sound of our hearts. Babies who are carried against their mothers’ hearts learn to breathe better than those who aren’t. There is the strength of bone and the stretch of muscle and their complex coordination. We are a set of electrical impulses inside a watery environment: how? Well, the nerves that conduct the impulses are sheathed by a fatty substance called myelin―they’re insulated. This permits “agile communication between distant body parts.” Understand this: it’s all alive, it all communicates, it makes decisions, and it knows what it’s doing. You can’t possibly fathom its intricacies. To start to explore the filigree of brain, synapse, nerve, and muscle is to know that even the blink of your eyes is a miracle.

Our brains were two million years in the making. That long, slow accretion doubled our cranial capacity. And the first thing we did with it was say thank you. We drew the megafauna and the megafemales, sculpted and carved them. The oldest known figurative sculpture is the Goddes of Hohle Fels, and 40,000 years ago someone spent hundreds of hours carving Her. There is no mystery here, not to me: the animals and the women gave us life. Of course they were our first, endless art project. Awe and thanksgiving are built into us, body and brain. Once upon a time , we knew we were alive. And it was good.

__________

And now we leave the realm of miracles and enter hell.

Patriarchy is the ruling religion of the planet. It comes in variations―some old, some new, some ecclesiastical, some secular. But at bottom, they are all necrophilic. Erich Fromm describes necrophilia as “the passion to transform that which is alive into something unalive; to destroy for the sake of destruction; the exclusive interest in all that is purely mechanical.” In this religion, the worst sin is being alive, and the carriers of that sin are female. Under patriarchy, the female body is loathsome; its life-giving fat-cells vilified; its generative organs despised. Its natural condition is always ridiculed: normal feet must be turned into four-inch stubs; rib cages must be crushed into collapse; breasts are varyingly too big or too small or excised entirely. That this inflicts pain―if not constant agony―is not peripheral to these practices. It’s central. When she suffers, she is made obedient.

Necrophilia is the end point of sadism. The sadistic urge is about control–“the passion to have absolute and unrestricted control over a living being,” as Fromm defined it. The objective of inflicting pain and degradation is to break a human being. Pain is always degrading; victimization humiliates; eventually, everyone breaks. The power to do that is the sadist’s dream. And who could be more broken to your control than a woman who can’t walk?

Some nouns: glass, scissors, razors, acid. Some verbs: cut, scrape, cauterize, burn. These nouns and verbs create unspeakable sentences when the object is a seven-year-old girl with her legs forced open. The clitoris, with its 8,000 nerve endings, is always sliced up. In the most extreme forms of FGM, the labia are cut off and the vagina sewn shut. On her wedding night, the girl’s husband will penetrate her with a knife before his penis.

You don’t do this to a human being. You do it to an object. That much is true. But there is more. Because the world is full of actual objects—cardboard boxes and abandoned cars—and men don’t spend their time torturing those. They know we aren’t objects, that we have nerves that feel and flesh that bruises. They know we have nowhere else to go when they lay claim to our bodies. That’s where the sadist finds his pleasure: pain produces suffering, humiliation perhaps more, and if he can inflict that on her, it’s absolute proof of his control.

Behind the sadists are the institutions, the condensations of power, that hand us to him. Every time a judge rules that women have no right to bodily integrity—that upskirt photos are legal, that miscarriages are murder, that women should expect to be beaten—he wins. Every time the Fashion Masters make heels higher and clothes smaller, he smiles. Every time an entire class of women—the poorest and most desperate, at the bottom of every conceivable hierarchy—are declared legal commodities for sex, he gets a collective hard-on. Whether he personally uses any such women is beside the point. Society has ruled they are there for him, other men have ensured their compliance, and they will comply. He can kill one—the ultimate sex act for the sadist—and no one will notice. And no one does.

There is no stop to this, no natural endpoint. There is always another sentient, self-willed being to inflame his desire to control, so the addiction is forever fed. With other addictions, the addict bottoms out, his life becomes unmanageable, and the stark choice is stop or die. But the sadist isn’t hurting himself. There’s no looming bottom to hit, only an endless choice of victims, served up by the culture. Women are the feast at our own funeral, and he is happy to feed.

_____

If feminism was reduced to one word, it would be this: no. “No” is a boundary, spoken only by a self who claims one. Objects have neither; subjects begin at no. Feminists said no and we meant it.

The boundary of “no” extended outward, an insult to one being an injury to all: “we” is the word of political movements. Without it, women are cast adrift in a hostile, chaotic sea, holding our breath against the next Bad Thing. With the lens of feminism, the chaos snaps into sharp focus. We gave words to the Bad Things, then faced down denial and despair to see the pattern. That’s called theory. Then we demanded remedies. That’s what subjects, especially political subjects, do. Emmeline Pankhurst, leader of the British suffragettes, worked at the Census Office as a birth registrar. Every day, young girls came in with their newborns. Every day, she had to ask who the father was, and every day the girls wept in humiliation and rage. Reader, you know who the fathers were. That’s why Pankhurst never gave up.

To say no to the sadist is to assert those girls as political subjects, as human beings with the standing that comes from inalienable rights. Each and every life is self-willed and sovereign; each life can only be lived in a body. Not an object to be broken down for parts: a living body. Child sexual abuse is especially designed to turn the body into a cage. The bars may start as terror and pain but they will harden to self-loathing. Instilling shame is the best method to ensure compliance: we are ashamed—sexual violation is very good at that—and for the rest of our lives we will comply. Our compliance is, of course, his control. His power is his pleasure, and another generation of girls will grow up in bodies they will surely hate, to be women who comply.

_______

What has been done to our bodies has been done to our planet. The sadist exerts his control; the necrophiliac turns the living into the dead. The self-willed and the wild are their targets and their necrotic project is almost complete.

Taken one by one, the facts are appalling. In my lifetime, the earth has lost half her wildlife. Every day, two hundred species slip into that longest night of extinction. “Ocean” is synonymous with the words abundance and plenty. Fullness is on the list, as well as infinity. And by 2048, the oceans will be empty of fish. Crustaceans are experiencing “complete reproductive failure.” In plain terms, their babies are dying. Plankton are also disappearing. Maybe plankton are too small and green for anyone to care about, but know this: two out of three animal breaths are made possible by the oxygen plankton produce. If the oceans go down, we go down with them.

How could it be otherwise? See the pattern, not just the facts. There were so many bison on the Great Plains, you could sit and watch for days as a herd thundered by. In the central valley of California, the flocks of waterbirds were so thick they blocked out the sun. One-quarter of Indiana was a wetland, lush with life and the promise of more. Now it’s a desert of corn. Where I live in the pacific northwest, ten million fish have been reduced to ten thousand. People would hear them coming for a whole day. This is not a story: there are people alive who remember it. And I have never once heard the sound that water makes when forty million years of persistence finds it way home. Am I allowed to use the word “apocalypse” yet?

The necrophiliac insists we are mechanical components, that rivers are an engineering project, and genes can be sliced up and arranged at whim. He believes we are all machines, despite the obvious: a machine can be taken apart and put back together. A living being can’t. May I add: neither can a living planet.

Understand where the war against the world began. In seven places around the globe, humans took up the activity called agriculture. In very brute terms, you take a piece of land, you clear every living thing off it, and then you plant it to human use. Instead of sharing that land with the other million creatures who need to live there, you’re only growing humans on it. It’s biotic cleansing. The human population grows to huge numbers; everyone else is driven into extinction.

Agriculture creates a way of life called civilization. Civilization means people living in cities. What that means is: they need more than the land can give. Food, water, energy have to come from someplace else. It doesn’t matter what lovely, peaceful values people hold in their hearts. The society is dependent on imperialism and genocide. Because no one willing gives up their land, their water, their trees. But since the city has used up its own, it has to go out and get those from somewhere else. That’s the last 10,000 years in a few sentences.

The end of every civilization is written into the beginning. Agriculture destroys the world. That’s not agriculture on a bad day. That’s what agriculture is. You pull down the forest, you plow up the prairie, you drain the wetland. Especially, you destroy the soil. Civilizations last between 800 and maybe 2,000 years—they last until the soil gives out.

What could be more sadistic then control of entire continents? He turns mountains into rubble, and rivers must do as they are told. The basic unit of life is violated with genetic engineering. The basic unit of matter as well, to make bombs that kill millions. This is his passion, turning the living into the dead. It’s not just individual deaths and not even the deaths of species. The process of life itself is now under assault and it is losing badly. Vertebrate evolution has long since come to a halt—there isn’t enough habitat left. There are areas in China where there are no flowering plants. Why? Because the pollinators are all dead. That’s five hundred million years of evolution: gone.

He wants it all dead. That’s his biggest thrill and the only way he can control it. According to him it was never alive. There is no self-willed community, no truly wild land. It’s all inanimate components he can arrange to this liking, a garden he can manage. Never mind that every land so managed has been lessened into desert. The essential integrity of life has been breached, and now he claims it never existed. He can do whatever he wants. And no one stops him.

__________

Can we stop him?

I say yes, but then I have no intention of giving up. The facts as they stand are unbearable, but it’s only in facing them that pattern comes clear. Civilization is based on drawdown. It props itself up with imperialism, conquering its neighbors and stripping their land, but eventually even the colonies wear out. Fossil fuel has been an accelerant, as has capitalism, but the underlying problem is much bigger than either. Civilization requires agriculture, and agriculture is a war against the living world. Whatever good was in the culture before, ten thousand years of that war has turned it necrotic.

But what humans do they can stop doing. Granted every institution is headed in the wrong direction, there’s no material reason the destruction must continue. The reason is political: the sadist is rewarded, and rewarded well. Most leftists and environmentalists see that. What they don’t see is the central insight of radical feminism: his pleasure in domination.

The real brilliance of patriarchy is right here: it doesn’t just naturalize oppression, it sexualizes acts of oppression. It eroticizes domination and subordination and then institutionalizes them into masculinity and femininity. Men become real men by breaking boundaries—the sexual boundaries of women and children, the cultural and political boundaries of indigenous people, the biological boundaries of rivers and forests, the genetic boundaries of other species, and the physical boundaries of the atom itself. The sadist is rewarded with money and power, but he also gets a sexual thrill from dominating. And the end of the world is a mass circle jerk of autoerotic asphyxiation.

The real brilliance of feminism is that we figured that out.

What has to happen to save our planet is simple: stop the war. If we just get out of the way, life will return because life wants to live. The forests and prairies will find their way back. Every dam will fail, every cement channel, and the rivers will ease their sorrows and meet the ocean again. The fish will know what to do. In being eaten, they feed the forest, which protects the rivers, which makes a home for more salmon. This is not the death of destruction but the death of participation that makes the world whole.

Sometimes there are facts that require all the courage we have in our hearts. Here is one. Carbon has breached 400 ppm. For life to continue, that carbon needs to get back into the ground. And so we come to grasses.

Where the world is wet, trees make forests. Where it’s dry, the grasses grow. Grasslands endure extreme heat in summer and vicious cold in winter. Grasses survive by keeping 80 percent of their bodies underground, in the form of roots. Those roots are crucial to the community of life. They provide physical channels for rain to enter the soil. They can reach down fifteen feet and bring up minerals from the rocks below, minerals that every living creature needs. They can build soil at an extraordinary rate. The base material they use to make soil is carbon. Which means the grasses are our only hope to get that carbon out of the sky.

And they will do it if we let them. If we could repair 75 percent of the world’s grasslands—destroyed by the war of agriculture—in under fifteen years, the grasses would sequester all the carbon that’s been released since the beginning of the industrial age. Read that again if you need to. Then take it with you wherever you go. Tell it to anyone who will listen. There is still a chance.

The grasses can’t do it alone. No creature exists independent of all others. Repairing the grasslands means restoring the ruminants. In the hot, dry summer, life goes dormant on the surface of the soil. It’s the ruminants who keep the nutrient cycle moving. They carry an ecosystem inside themselves, especially the bacteria that digests cellulose. When a bison grazes, she’s not actually eating the grass. She’s feeding it to her bacteria. The bacteria eat the grass and then she eats the bacteria. Her wastes then water and fertilize the grasses. And the circle is complete.

The grasslands have been eradicated for agriculture, to grow cereal grains for people. Because I want to restore the grasses, I get accused of wanting to kill six billion people. That’s not a random number. In 1800, at the beginning of the Industrial Age, there were one billion people. Now there are seven billion. Six billion are only here because of fossil fuel. Eating a non-renewable resource was never a plan with a future. Yet pointing that out somehow makes me a mass murderer.

Start with the obvious. Nothing we do at these numbers is sustainable. Ninety-eight percent of the old-growth forests and 99 percent of the grasslands are gone, and gone with them was most of the soil they built. There’s nothing left to take. The planet has been skinned alive.

Add to that: all civilizations end in collapse. All of them. How could it be otherwise if your way of life relies on destroying the place you live? The soil is gone and the oil is running out. By avoiding the facts, we are ensuring it will end in the worst possible way.

We can do better than mass starvation, failed states, ethnic strife, misogyny, petty warlords, and the dystopian scenarios that collapse brings. It’s very simple: reproduce at less than replacement numbers. The problem will take care of itself. And now we come to the girls.

What drops the birthrate universally is raising the status of women. Very specifically, the action with the greatest impact is teaching a girl to read. When women and girls have even that tiny bit of power over their lives, they choose to have fewer children. Yes, women need birth control, but what we really need is liberty. Around the world, women have very little control over how men use our bodies. Close to half of all pregnancies are unplanned or unwanted. Pregnancy is the second leading cause of death for girls age 15-19. Not much has changed since Emmeline Pankhurst refused to give up.

We should be defending the human rights of girls because girls matter. As it turns out, the basic rights of girls are crucial to the survival of the planet.

Can we stop him?

Yes, but only if we understand what we’re up against.

He wants the world dead. Anything alive must be replaced by something mechanical. He prefers gears, pistons, circuits to soft animal bodies, even his own. He hopes to upload himself into a computer some day.

He wants the world dead. He enjoys making it submit. He’s erected giant cities where once were forests. Concrete and asphalt tame the unruly.

He wants the world dead. Anything female must be punished, permanently. The younger they are, the sooner they break. So he starts early.

A war against your body is a war against your life. If he can get us to fight the war for him, we’ll never be free. But we said every woman’s body was sacred. And we meant it, too. Every creature has her own physical integrity, an inviolable whole. It’s a whole too complex to understand, even as we live inside it. I had no idea why my eyes were swelling and my lungs were aching. The complexities of keeping me alive could never be left to me.

One teaspoon of soil contains a million living creatures. One tiny scoop of life and it’s already more complex than we could ever understand. And he thinks he can manage oceans?

We’re going to have to match his contempt with our courage. We’re going to have to match his brute power with our fierce and fragile dreams. And we’re going to have to match his bottomless sadism with a determination that will not bend and will not break and will not stop.

And if we can’t do it for ourselves, we have to do it for the girls.

Whatever you love, it is under assault. Love is a verb. May that love call us to action.


Lierre Keith is the author of six books. Visit her website at www.lierrekeith.com

This essay first appeared August 8, 2015 on RadFem Repost.

Indigenous Children are Dying at the U.S./Mexico Border

Indigenous Children are Dying at the U.S./Mexico Border

Editors Note: the international refugee crisis is driven by war, imperialism, and destruction of the planet. In other words, it is driven by civilization, or “the culture of empire.” DGR is opposed to empire and we see the refugee crisis as a humanitarian emergency. We believe that the best way to fight this crisis is to fight it’s underlying cause, by dismantling civilization. Learn more on the DGR website.

By the International Mayan League

www.mayanleague.org

Washington, D.C. – May 16, 2019 – Today, the International Mayan League denounces the latest victim of death and murder at the U.S/Mexico border, a 2 ½ year-old toddler, a boy from Chiquimula, Guatemala. This tragic loss comes on the heels of the death of 16-year-old Juan de León Gutiérrez of the Maya Ch’orti’ people – also from Chiquimula. For the last year our people have been under constant attacks at the border. Since May 2018 we have lost five lives from Guatemala. First, Claudia Patricia Gómez González (Maya Mam) 20 years old who was shot in the head by a Customs and Border Patrol (CBP) Agent; then 7-year-old Jakelin Caal (Maya Q’eqchi’), and 8-year-old boy Felipe Gomez Alonzo (Maya Chuj) both died in December while in CBP custody. Now, we have lost two more lives. How many more children must die before there is collective outrage, actions, denouncements? How many more times do we need to say this is a crisis specifically affecting indigenous children and youth?

We, indigenous peoples, are the majority in Guatemala and continue to be disproportionately impacted because our basic human rights are denied by the Guatemalan government and all sectors of society. We are forced to flee only to encounter inhumane treatment and human rights violations at the U.S./Mexico border in violation of international law. The Guatemalan and the United States governments must be held accountable for the deaths of our children. Impunity for their deaths is not an option and we demand justice and peace for their families.

Children, explicitly indigenous children, are some of the most victimized. In fiscal year 2019 alone, 19,991[1] Guatemalan unaccompanied children have been apprehended at the border. The number of Guatemalan family units has soared to 114,778, the highest for all the Central American countries[2]. Considering indigenous peoples are the majority in Guatemala, contrary to government admission, we strongly believe that these statistics reflect that thousands of Maya children and families are seeking refuge. Their indigenous identities must be acknowledged and documented.

Each indigenous child whose life has been stolen was forced to migrate because they are the most affected by centuries of structural inequality and discrimination in Guatemala. They often have no future in their rural and extremely impoverished communities. Many have little access to formal education and likely only speak their native language, an additional barrier that hinders their communication with authorities or service providers when migrating. We are outraged by these tragedies and demand the following from the government of the United States. There must be exhaustive, fair and transparent investigations by the Office of the Inspector General, Department of Homeland Security into all the deaths at the border; a dialogue with leaders of the Guatemalan Maya diaspora for the development of humane immigration policies; and recognition and implementation of the U.N. Declaration on the Rights of Indigenous Peoples and the American Declaration on the Rights of Indigenous Peoples as the bare minimum standard for the respect and protection of indigenous peoples’ rights in forced migration.

Almost exactly at the 1-year anniversary of the murder of Claudia Patricia Gómez González of the Maya Mam Nation, we are reliving another nightmare, the death of a toddler. We are tired of being treated as if our lives do not matter. We will not stand idly by as our children are murdered by inhumane policies and practices rooted in hatred, fear, and racism.

[1] https://www.cbp.gov/newsroom/stats/sw-border-migration/usbp-sw-border-apprehensions

[2] Ibid.

The International Mayan League has been working in defense of indigenous human rights for many years, and since last year, trying to raise awareness that most of the children, youth, and families coming from Guatemala are indigenous. They are a Mayan women-led grassroots organization working directly with and for their people, and are entirely volunteer-based.

Questioning Unquestioned Beliefs: What the Lake Erie Bill of Rights Teaches Us

Questioning Unquestioned Beliefs: What the Lake Erie Bill of Rights Teaches Us

By Will Falk and Sean Butler

Photo: 2009 algae bloom in western Lake Erie. Photo by Tom Archer.

It should be clear to anyone following the events surrounding attempts by the citizens of Toledo, OH, with help from nonprofit law firm the Community Environmental Legal Defense Fund (CELDF), to protect Lake Erie with the Lake Erie Bill of Rights, that the American legal system and all levels of government in their current form exist to protect corporations’ ability to destroy nature in the name of profit and protect those corporations from outraged citizens injured by corporate activities.

In the scorching summer heat of August 2014, nearly half a million people in Toledo, OH were told not to use tap water for drinking, cooking, or bathing for three days because a harmful algae bloom poisoned Lake Erie. Harmful algae blooms on Lake Erie have become a regular phenomenon. They produce microcystin, a dangerous toxin. Microcystin “causes diarrhea, vomiting, and liver-functioning problems, and readily kills dogs and other small animals that drink contaminated water.” The Ohio Environmental Protection Agency reports that mere skin contact with microcystin-laden harmful algae blooms can cause “numbness, and dizziness, nausea…skin irritation or rashes.” Scientists have also discovered that harmful algae blooms produce a neurotoxin, BMAA, that causes neurodegenerative illness, and is associated with an increased risk of ALS, and possibly even Alzheimer’s and Parkinson’s. In 2018, a federal judge found that the principal causes of Lake Erie’s perennial harmful algae blooms are “phosphorus runoff from fertilizer, farmland manure, and, to a lesser extent, industrial sources and sewage treatment plant discharges.”

The Environmental Working Group and Environmental Law and Policy Center report that, not surprisingly, between 2005 and 2018 the number of factory farms in the Maumee river watershed – a river that flows into Lake Erie and boasts the largest drainage area of any Great Lakes river

“exploded from 545 to 775, a 42 percent increase. The number of animals in the watershed more than doubled, from 9 million to 20.4 million. The amount of manure produced and applied to farmland in the watershed swelled from 3.9 million tons each year to 5.5 million tons.”

The groups also state that “[t]he amount of phosphorus added to the watershed from manure increased by a staggering 67 percent between 2005 and 2018.” And, “69 percent of all the phosphorus added to the watershed each year comes from factory farms in Ohio.”

Many Americans believe regulatory laws like the Clean Water Act and regulatory agencies like the United States Environmental Protection Agency (EPA) exist to protect against phenomena like harmful algae blooms. But, Senior US District Court Judge James G. Carr recently described how regulatory laws and agencies have failed to protect Lake Erie. In a 2018 decision in a case brought by the Environmental Law and Policy Center under the Clean Water Act for the failures of the US and Ohio EPAs, Carr described, “Ohio’s long-standing, persistent reluctance and, on occasion, refusal, to comply with the [Clean Water Act].” He also wrote:

“As a result of the State’s inattention to the need, too long manifest, to take effective steps to ensure that Lake Erie (the Lake) will dependably provide clean, healthful water, the risk remains that sometime in the future, upwards of 500,000 Northwest Ohio residents will again, as they did in August 2014, be deprived of clean, safe water for drinking, bathing, and other normal and necessary uses.”

Despite Carr explaining that he “appreciate[s] plaintiffs’ frustration with Ohio’s possible continuation of its inaction,” he ruled that he could not expedite Ohio’s compliance with the Clean Water Act because he could not determine that Ohio had “clearly and unambiguously” abandoned its obligations under the Clean Water Act.

In response to the regulatory framework’s failure to stop harmful algae blooms, on Tuesday, February 26, 2019, citizens in Toledo, OH voted to protect Lake Erie with the Lake Erie Bill of Rights (“LEBOR” or “the Bill”). The Bill “establishes irrevocable rights for the Lake Erie Ecosystem to exist, flourish, and naturally evolve, a right to a healthy environment for the residents of Toledo” and “elevates the rights of the community and its natural environment over powers claimed by certain corporations.”

Toledoans for Safe Water (TSW) is the grassroots coalition of local Toledo citizens who ushered the Bill through Ohio’s constitutional citizen initiative process. Ohio’s citizen initiative process allows citizens to draft and propose laws and to place those laws on a ballot so citizens can directly vote on the law’s enactment. Typically, laws are drafted, proposed, and voted on solely by legislators. Initiative processes like Ohio’s are some of the only avenues American citizens have for directly proposing and enacting laws and providing a direct check and balance on an “out of touch” or corrupt legislature. It is important to understand, however, that, even with citizen initiative processes, it is incredibly difficult to not only democratically enact laws that would actually protect the natural world, but it is incredibly difficult to even place rights of nature laws on the ballot in the first place.

Toledoans for Safe Water’s experience is enlightening. Formed after the harmful algae bloom of August 2014, TSW worked tirelessly to pass an initiative protecting their water source including overcoming efforts by the Lucas County Board of Elections and BP North America to keep such an initiative off the ballot. First, TSW had to gather 5,244 signatures to place LEBOR on the ballot. They far exceeded that total by gathering approximately 10,500 signatures. Despite gathering much more than the necessary signatures, the Lucas County Board of Elections voted against putting the initiative on the November 2018 ballot.

Toledoans for Safe Water members sought an order from the Ohio Supreme Court to put the measure on the ballot, but the Court denied the request in September 2018. Fortunately, in October 2018, in another case involving a different charter initiative, the Ohio Supreme Court ruled that city councils may force county boards of election to place charter amendment initiatives on the ballot. This ruling expressly overruled precedent previously relied on to prevent Toledo citizens from voting on LEBOR. Armed with this new ruling, TSW successfully asked the Toledo City Council to put LEBOR on the ballot. However, in December 2018, a Toledo citizen sought a writ of prohibition from the Ohio Supreme Court to block LEBOR. TSW found themselves in front of the Ohio Supreme Court once again. This time TSW won.

After ensuring LEBOR made it to the ballot, Toledoans for Safe Water had to convince enough voters to vote for the Bill before it could be enacted. In the weeks leading up to the election, BP North America wired $302,000 to the Toledo Coalition for Jobs and Growth, the primary group opposing LEBOR. In the end, TSW spent $7,762 in support of LEBOR, while Toledo Coalition for Jobs and Growth, with the massive donation from BP North America, spent $313, 205 to stop LEBOR. Despite this disparity, LEBOR passed with 61 percent of the 15,000 Toledoans who voted.

But, mere hours after the City of Toledo certified LEBOR’s election results, Drewes Farms Partnership sued the City seeking an injunction against enforcing LEBOR and a court ruling that LEBOR is unconstitutional. Several Toledo city-council members spoke out against the enactment of LEBOR before the election, and it appears that the City will not enforce LEBOR. Yes, you read that correctly: After LEBOR won with 61% of the vote (nearly two-thirds of those who voted), the City of Toledo agreed to an injunction prohibiting them from enforcing the law.

In response to such bald face tactics, we must ask, if a local city government agrees not to enforce the will of its citizens, then what really is left of the notion of a government for and by the people? And the inevitable answer must be, nothing. Indeed, as environmental author Derrick Jensen explains in his book Endgame:

“Surely by now there can be few here who still believe the purpose of government is to protect us from the destructive activities of corporations. At last most of us must understand that the opposite is true: that the primary purpose of government is to protect those who run the economy from the outrage of injured citizens.”

Jensen’s conclusion eerily reflects the very plain statement by Attorney General Richard Olney, who served under President Grover Cleveland in 1894 about the newly-formed Interstate Commerce Commission. The ICC was the very first federal regulatory agency, created to ‘regulate’ the railroad industry, but as Olney (a former railroad attorney, himself) said:

“The Commission…is, or can be, made of great use to the railroads. It satisfies the popular clamor for a government supervision of railroads, at the same time that that supervision is almost entirely nominal. Further, the older such a commission gets to be, the more inclined it will be found to take the business and railroad view of things.”

Nearly 200 years later, Jensen’s observation reflects the reality that not only does our regulatory system not protect the interests of the people of this country; it was never intended to. It was created to protect industry.

And so the parade of horribles that Toledoans for Safe Water have encountered should come as no surprise. A little over two months after the lawsuit was filed by the agriculture industry to strike down LEBOR, the State of Ohio requested, and was granted, the right to intervene to argue with Drewes Farms Partnership that LEBOR should be invalidated. TSW also tried to intervene on behalf of Lake Erie, exercising their new rights under LEBOR and arguing that the City is not an adequate representative of LEBOR. The City neither opposed TSW’s intervention in the case, nor denied that it would be an inadequate representative of LEBOR. Regardless, on Tuesday, May 7, Judge Jack Zouhary, a U.S. District Judge in the Northern District of Ohio, Western Division denied Toledoans for Safe Water’s intervention. Lake Erie and TSW asked the Sixth Circuit Court of Appeals to stay (legalese for postpone) the case while they appealed Zouhary’s denial of their intervention. But, the Sixth Circuit refused to stay the case.

Because Zouhary has denied Toledoans for Safe Water’s intervention and the Sixth Circuit did not grant Lake Erie’s and TSW’s request to stay the case, it will proceed with no one who supports LEBOR present to argue on behalf of Lake Erie or the citizens of Toledo for the remainder of a case that will decide the fate of a law enacted by the citizens of Toledo. To be clear, the City government, popularly assumed to represent the will of the City’s people, is specifically not representing the will of the people.

About an hour after denying Lake Erie and Toledoans for Safe Water’s intervention, Zouhary scheduled a phone conference for Friday, May 17 while ordering the parties to the lawsuit to send him letters regarding a Motion for Judgment on the Pleadings. Typically, parties to a lawsuit file motions and briefs describing their arguments and these motions and briefs become part of the public record so that the public can see why legal decisions are made. In specifically asking for letters, Zouhary shielded Drewes Farms Partnership’s, the State of Ohio’s, and the City of Toledo’s arguments from public scrutiny.  Here we see how the will of the people, expressed through the legislative process, can be effectively silenced by the judicial process. The courts, commonly thought of as a check on abuses of power by the legislative branch of government that encroach on fundamental rights of individuals, have now been unmasked as a vehicle to silence and overturn the will of the people and to legitimize further violations of fundamental rights of the people ­– in this case the simple and essential right to clean water.

And to round out the evidence that we do not live in a democracy, on Thursday, May 9, the Ohio House of Representatives adopted its 2020-2021 budget with provisions that prohibit anyone, including local governments, from enforcing rights of nature laws. The State of Ohio is using its power of preemption – a long-established legal doctrine that defines the relationship of municipal governments to state and federal governments as one of parent to a child – to prevent Ohio residents from protecting the natural world with rights of nature at any time in the future.

This is a perfect example of why CELDF lawyer and executive director Thomas Linzey often states that, “Sustainability itself has been rendered illegal under our system of law.” And:

“Under our system of law, you see, it doesn’t matter how many people mobilize or who we elect – simply because the levers of law can’t be directly exercised by them. And even when they do manage to swing the smallest of those levers, they get swung back (either through the legislature or the courts) by a corporate minority who claimed control over them a long time ago.”

Toledoans for Safe Water swung “the smallest of those levers” and now they have been “swung back” by both the legislature and the courts in favor of the corporate minority. We see then, that under our current system of laws, there is no government actor that validates and protects the will of the people. In the case of Lake Erie, the City of Toledo, the State of Ohio, two levels of federal courts (the District Court for the District of Ohio and the Sixth Circuit Court of Appeals), have all actively undermined the health and welfare and the express political will of the citizens of Toledo – all in the name of preserving and protecting the freedom of agricultural interests to continue polluting Lake Erie for the sake of their own profits.

***

With it being all but certain that the Lake Erie Bill of Rights will soon be officially invalidated, has Toledoans for Safe Water’s work been in vain?

Not entirely.

“Unquestioned beliefs are the real authorities of a culture,” critic Robert Coombs tells us. Right now, the culture of profit in our country, sanctioned by the legal system is destroying the planet. Informing this dominant culture is a collection of unquestioned beliefs that authorize and allow the massive environmental destruction we currently witness. Stopping the destruction requires changing the dominant culture and changing the dominant culture requires publicly challenging unquestioned beliefs so those unquestioned beliefs are exposed to the light where they can be seen, understood, and condemned.

Perhaps surprisingly, one of the unquestioned beliefs authorizing ecocide is the belief that we live in a democracy and, because we live in a democracy, that our government reflects the will of the governed. This mistaken belief leads to more mistaken beliefs including a belief that the best way to make change is to petition your elected representatives, and if they won’t listen, to elect new ones who will. This misconception includes the further mistaken belief that the American regulatory framework exists to protect the natural world and the humans who depend on Her and that therefore filing lawsuits under the Endangered Species Act, the National Environmental Policy Act, and the Clean Air and Clean Water Acts can stop the destruction of endangered species, our habitat, and the air and water we require.

We should all know the truth, by now. We do not live in a democracy, and our government was never intended to reflect the will of the governed. Our elected representatives only listen to us when the corporations they’re beholden to aren’t telling them what to do. The regulatory framework does not exist primarily to protect the natural world; it exists to issue permits, to give permission, to legalize the harm corporate projects wreak on the natural world, and to make it near impossible for the citizenry to oppose those projects.

Even some of the current government’s most sacred documents, such as the Declaration of Independence, the Ohio State Constitution, as well as many other state constitutions, declare that people have a right to reform, alter, or even abolish the very governments those documents create when those governments fail to reflect the will of the people. The people of Toledo tried to exercise that right by passing LEBOR. Regardless, the very institutions supposedly tasked with honoring these documents are preventing the people from exercising the rights asserted in the Declaration of Independence and protected by the Ohio State Constitution.

We should all know the truth, by now, but most people still don’t. It’s one thing to tell people the truth. And, it’s another to show them. A major question, then, for social and environmental justice advocates is: How do we show people the truth?

One way is through acts of civil disobedience like enacting the Lake Erie Bill of Rights. A primary purpose of civil disobedience is to expose unquestioned beliefs for what they really are. In the case of the regulatory fallacy described above, these unquestioned beliefs serve as propaganda intended to pacify the people. Civil disobedience can stage the truth of our situation for the public to behold. Properly applied, civil disobedience can illuminate unquestioned beliefs and unveil their falsehoods.

CELDF attacks unquestioned beliefs through what it calls “organizing jujitsu.” CELDF helps communities suffering from destructive corporate projects (like fracking, factory farms, and toxic waste storage) ban those projects by passing local laws establishing rights of nature and invalidating judicially-created corporate rights. These laws, however, are currently illegal under American law and are, inevitably, struck down by the courts.

So, why does CELDF keep helping communities pass laws that are almost always struck down? This is where the organizing jujitsu happens. The laws that CELDF helps communities pass are frontal challenges to long-settled legal doctrines. When judges rule against local laws, judges’ rulings can be used as proof of how the structure actually operates. In CELDF’s words:

“Much like using single matches to illuminate a painting in a dark room, enough matches need to be struck simultaneously (and burn long enough) so that the painting can be viewed in its entirety. Each municipality is a match, and each instance of a law being overturned as violative of these legal doctrines is an opportunity for people to see how the structure actually functions. This does the necessary work of penetrating the denial, piercing the illusion of democracy, and removing the blinders that prevent a large majority of people from seeing the reality on the ground.”

With the indicators of ecological collapse constantly intensifying, it is imperative that we penetrate the denial, pierce the illusion of democracy, and remove the blinders that prevent people from seeing reality as quickly as possible. Due to the thoroughness of American indoctrination, the education civil disobedience can provide needs to be supported by real-time commentary that highlights why a specific tactic failed. This real-time commentary will help the public see the truth.

Toledoans for Safe Water has used every legal means at their disposal to protect Lake Erie and, yet, the Lake Erie Bill of Rights is not being enforced and is almost certain to be invalidated in court. Meanwhile, the poisoning of Lake Erie intensifies. Toledoans for Safe Water’s civil disobedience, despite challenging a widespread faith in the American legal system, has failed to physically protect Lake Erie. Breaking this faith is a necessary, but not sufficient, step towards dismantling the dominant culture and replacing it with a new culture rooted in a humble recognition of our dependency on the natural world. For those who see the truth that neither the legal system nor the government will protect us, the question becomes: What are we willing to do to protect ourselves?

Will Falk is a biophilic writer and lawyer. He believes the natural world speaks. And, his work is an attempt to listen. In 2017, he helped to file the first-ever federal lawsuit seeking rights of nature for a major ecosystem, the Colorado River. His book How Dams Fall which chronicles his experiences representing the Colorado River in the lawsuit, will be published by HomeBound Publications in October, 2019. You can follow Will’s work at willfalk.org.

Sean Butler is a technology lawyer and environmental activist based in Sequim, WA. In addition to his practice supporting venture-backed startups he is working to advance the rights of nature.

From Pinyon-Juniper to Revolution

From Pinyon-Juniper to Revolution

via The Pinyon-Juniper Alliance

The Pinyon-Juniper Alliance was formed several years ago to protect Pinyon-Pine and Juniper forests from destruction under the BLM’s and Forest Service’s misguided “restoration” plan. Since that time, we have attended public meetings, organized petitions, talked with politicians and locals, coordinated with other groups, written articles and given presentations, and commented on public policy.

Things now are worse than ever. The latest project we’ve seen aims to remove PJ forest from more than 130,000 acres of Grand Staircase-Escalante National Monument. That’s more than 200 square miles in one project.

Everywhere we go, we see juniper trees cut. Most recently, just this past weekend in Eastern Oregon, an entire mountainside was littered with chainsawed juniper trees. Earlier today, one of our organizers spoke with an elder from the Ely-Shoshone Tribe. She told us about two conversations she had with agency employees who referred to old pinyon-pines as “useless” trees that needed to be removed. She responded by saying “I wouldn’t be here without those trees,” and told them about the importance of pine nuts to Great Basin indigenous people.

And still the mass destruction continues.

However, looming behind these atrocities is an even bigger threat. Due to global warming, drought is becoming almost continuous throughout most of the intermountain West. The possibility of a permanent dust bowl in the region appears increasingly likely as governments worldwide have done nothing to avert climate catastrophe.

Pinyon-Pine and Juniper are falling to the chainsaw. However, they have been able to survive the saws of men for two hundred years. It is unlikely they will be able to survive two hundred years of unabated global warming.

The biggest threat to Pinyon-Juniper forests isn’t chainsaws or the BLM. The biggest threat is the continuation of industrial civilization, which is leading to climate meltdown. Stopping industrial civilization would limit this threat, and would also stop the flow of fossil fuels that powers the ATVs and Masticators and Chainsaws currently decimating Pinyon-Juniper forests.

Derrick Jensen has said that often people who start out trying to protect a certain forest or meadow end up questioning the foundations of western civilization. We have undergone this process ourselves.

Given our limited time, energy, and resources, our responsibility is to focus on what we see as the larger threats. Therefore, the founders of the Pinyon-Juniper Alliance have turned to focus on revolutionary work aimed at overturning the broader “culture of empire” and the global industrial economy that powers it. We are not leaving the PJ struggle behind. If you are engaged in this fight, please reach out to us. We need to network, share information, and work together to have a chance of success. We are shifting the form of our struggle. If this struggle is won, it will result in a world that Pinyon-Juniper forest can inhabit and spread across freely once again. And if it’s lost, our work at the local level is unlikely to matter. There are few revolutionaries in the world today, and we have a responsibility to do what is necessary.