The Ugly Underbelly of Corporations’ Pursuit of a Coal Terminal

The Ugly Underbelly of Corporations’ Pursuit of a Coal Terminal

Featured image: September 21, 2012: Members of the Lummi Nation protest the proposed coal export terminal at Cherry Point by burning a large check stamped “Non-Negotiable.” The tribe says they want to protect the natural and cultural heritage of the site.  Photo by Indian Country Today Media Network.

By Sandy Robson / Coal Stop

The Lynden Tribune newspaper made the decision to publish a December 23, 2015 opinion piece submitted by Chair John Huntley and President Brad Owens of the Northwest Jobs Alliance (NWJA). The NWJA advocates for the proposed Gateway Pacific Terminal (GPT) project. Their op-ed leveled unsubstantiated, defamatory allegations at unnamed “leadership” of the Lummi Nation, a self-governing Indian Nation, and those allegations could easily be perceived as having been leveled at Lummi Nation as a whole.

welcome at lummi painting

Canoe and murals in the Lummi Administrative Building

The Lummi, a Coast Salish people, are the original inhabitants of Washington state’s northernmost coast and southern British Columbia. The Lummi Reservation is located in western Whatcom County, and it is governed by the Lummi Indian Business Council (LIBC), an eleven member tribal council.

lynden tribune nwja op ed onlineNWJA’s December 23, 2015 Lynden Tribune op-ed claimed that “the current leadership of the Lummi Nation has embarked upon a campaign against the working families of Whatcom County.” In an attempt to support that inflammatory claim, NWJA pointed to a December 10, 2015 letter from Kirk Vinish of the Lummi Nation’s Planning Department. However, a review of that 2-page letter produced no evidence to support such a claim.

In contrast, NWJA has left a trail of evidence demonstrating its continued pattern of negative messaging to raise resentment about, and discredit, the Lummi Nation’s opposition to GPT by sending accusatory letters  to the Army Corps and Whatcom County, and by disseminating similar accusatory messaging to the public, via the NWJA email list and a press release sent to local media.

In NWJA’s opinion piece, Huntley and Owens also alleged that Lummi Nation leaders are proposing the elimination of existing Cherry Point industry jobs. They provided no evidence whatsoever to support such a claim.

nwja dec 22 comment to planning

Excerpt from NWJA’s December 22 comment letter to the Whatcom County Planning Commission

As if it weren’t bad enough that NWJA submitted its defamatory op-ed for publication in a local newspaper, the Alliance launched a second strike aimed at Lummi Nation leadership the day before, by submitting a December 22 comment letter to the Whatcom County Planning Commission, on the currently ongoing Whatcom County Comprehensive Plan Update.

The comment letter was a slightly revised version of NWJA’s op-ed published in the Lynden Tribune, containing the same unsubstantiated accusations. NWJA’s inflammatory comment letter is now part of the official public comment record for the County Comprehensive Plan Update which the Whatcom County Council will review prior to voting on the final language to be included in the plan update. The fact that the Council is also one of the decision makers on permits needed by PIT for its GPT project makes NWJA’s comment letter “comprehensively” reprehensible.

GPT threatens Lummi treaty rights

GPT would be sited along the Salish Sea shoreline, at Xwe’chi’eXen, part of the Lummi Nation’s traditional fishing area. Xwe’chi’eXen is the Lummi peoples’ ancestral name for Cherry Point, an area which has a deep cultural, historic and spiritual significance to the Lummi people, as it was a village site for their ancestors for over 175 generations.

The projected coal export terminal threatens Lummi treaty rights, the salmon they depend on, their Schelangen (“Way of Life”), and the cultural integrity of Xwe’chi’eXen. LIBC Chairman Tim Ballew II sent a January 5, 2015 letter to the U.S. Army Corps of Engineers Seattle District Commander, Colonel John G. Buck, asking the agency to take immediate action to deny the GPT permit application.

In that letter, Chairman Ballew stated that the GPT project “will directly result in a substantial impairment of the treaty rights of the Lummi Nation throughout the Nation’s ‘usual and accustomed’ fishing areas.” Ballew also wrote that “The Lummi Nation is opposed to this project due to the cultural and spiritual significance of Xwe’chi’eXen, and intends to use all means necessary to protect it.” He added that the Lummi Nation has a sacred obligation to protect Xwe’chi’eXen based on that significance.

sacred place violated

Page excerpt from “Protecting Treaty Rights, Sacred Places, and Lifeways: Coal vs. Communites,” presented by Jewell James, Lummi Tribal Member and Head Carver, Lummi Tribe’s House of Tears Carvers

The U.S. Army Corps of Engineers (“the Corps”) is the federal agency tasked with coordinating and handling the environmental review for the GPT project, and it is legally obligated to ensure that the Lummi Nation’s treaty rights are protected, and are not violated. Currently, the Corps is in the process of making a determination as to whether impacts to any tribes’ U&A (usual and accustomed) treaty fishing rights are more than de minimis, meaning too small or trivial to warrant legal review.

article 6 of the constitution

Article VI of the U.S. Constitution which includes the clause that establishes treaties made under its authority, are the supreme law of the land

SSA Marine consultant Craig Cole, Director for NWJA

The Northwest Jobs Alliance (NWJA) was created to promote and advocate for the GPT project. For the first few years, NWJA consisted solely of a Facebook page, after that page had been created in May of 2011. NWJA’s original mission statement that had been displayed for years on its Facebook page read: “The Alliance focuses their efforts on supporting the Gateway Pacific Terminal. . .”  For almost three years, NWJA’s Facebook page showed “www.gatewaypacificterminal.com” as its website address, and the phone number displayed had been a non-working number.

Several articles appeared in Whatcom County citizen-based publications during the summer and fall of 2014, criticizing the legitimacy of the NWJA and likening it to a front group, as it did not have a working phone number or a website other than the official GPT website. Subsequently, NWJA made some changes. In fall of 2014, the NWJA added a working phone number, created a website for its online presence, and changed its listed website address on its Facebook page from “gatewaypacificterminal.com” to “NWJA.org.”

Presently, the NWJA website states the following as its mission: “The Northwest Jobs Alliance (NWJA) promotes the growth of family-wage jobs in the context of sound environmental practice.” Also, there is no mention of GPT on the NWJA website’s Home page where the organization’s mission and focus are explained. Instead the general term “Cherry Point industrial area” is used.nwja registrationOn October 23, 2014, NWJA was filed as a non-profit corporation, according to the Washington Secretary of State website. SSA Marine’s paid local consultant for the GPT project, Bellingham resident Craig Cole, is the listed Director for NWJA.

nwja leaders photosSince its inception, NWJA has had a steady turnover of co-chairs, all of whom have been very public advocates for the GPT project. Presently, Brad Owens is listed as NWJA President and John Huntley is listed as NWJA Chair. Huntley owns Mills Electric, a Bellingham electrical contracting company. Owens, a Bellingham resident, is the past President of the NW Washington Building & Construction Trades Council.

Some people confuse the “Northwest Jobs Alliance” for another similarly titled GPT advocacy organization called the “Alliance for Northwest Jobs and Exports.” It’s worthwhile to distinguish between the two, although promoting the GPT project has been the central intended purpose of both groups.

Cloud Peak Energy and BNSF govern Alliance for NW Jobs & Exports

The Alliance for Northwest Jobs and Exports (ANWJE) was first presented to the public as a grass-roots organization, when it was actually created in 2012, by Edelman, the world’s largest public relations firm, which was hired by SSA Marine to do public relations work for the proposed GPT project.

anwje registrationAccording to the Washington Secretary of State website, ANWJE was filed as a non-profit corporationin July 2012. The “Governing Persons” listed are Todd O’Hair and Zak Andersen. Todd O’Hair is currently Senior Manager, Government Affairs for Cloud Peak Energy Inc. which has a 49% stake in SSA Marine/PIT’s GPT project. Zak Andersen is presently Assistant Vice President, Community and Public Affairs for BNSF Railway. anwje governing personsBNSF is the applicant for GPT’s interrelated Custer Spur project and would be the railway transporting coal mined in Montana and Wyoming to GPT. ANWJE’s website describes its group as a “non-profit trade organization that supports new export projects in Oregon and Washington State…”

BNSF Railway, SSA Marine, and Cloud Peak Energy are listed on the ANWJE’s membership list, which is comprised of companies and other entities which stand to benefit financially from the coal export terminal. So, this “non-profit trade organization” was created by the public relations firm hired by the GPT applicant, and it is governed by an employee of BNSF, the applicant for the interrelated Custer Spur project, and by an employee of Cloud Peak Energy, which has a 49% stake in SSA Marine/PIT’s GPT project.

NWJA’s attempt to drive public opinion against Lummi opposition to GPT

Whatcom Tea Party board member Kris Halterman hosts a local Whatcom County KGMI talk radio show, “Saturday Morning Live” (SML). On her September 12, 2015 SML show, Halterman hosted NWJA President Brad Owens, and together, they advanced an unsubstantiated, defamatory assertion that NWJA (the entity behind the Lynden Tribune op-ed) had previously purported in its August 20, 2015 letter to the Corps—that there is “an apparent motive behind the Lummi Nation’s opposition to the Gateway Pacific Terminal project (and completion of the EIS process)not connected with treaty rights.” [italicized emphasis theirs]

Joining in those activities against Lummi opposition to GPT, was the Political Action Committee SAVEWhatcom, headed up by Halterman, whose name pops up in most everything GPT-related. The SAVEWhatcom PAC was the vehicle for Gateway Pacific coal terminal interests to fund 2013 and 2014 local Whatcom County election political campaigns with over $160,000, which, if successful, would benefit those interests.

how ironic save whatcom

February 5, 2015 post from the SAVEWhatcom Facebook page

One month after the LIBC’s January 5, 2015 letter to the Corps, Halterman’s SAVEWhatcom placed a February 5 post on its Facebook page which disparaged the Lummi Nation and its Silver Reef Casino in what appeared to be an attempt to drive public opinion against the Lummi Nation’s strong oppositional stance to GPT.

Then, in an August 12, 2015 comment letter to the Whatcom County Planning Commission, NWJA seemed to pit “working families” who were characterized in the letter as “some of the very people who patronize Lummi enterprises”— against what was described as “tribal aspirations.” Echoing that previous tack of drawing attention to the Lummi Nation’s enterprises while at the same time denigrating the Nation with groundless claims, the NWJA referenced the Lummi Nation’s Silver Reef Casino in their December 23, 2015 Lynden Tribune op-ed. That excerpt read:

“And it saddens us to observe that the current leadership of the Lummi Nation has embarked upon a campaign against the working families of Whatcom County. These are some of the very families that patronize the Silver Reef Casino and other Lummi enterprises. Some thanks.”

Those specific repeated references to the Lummi Nation’s Silver Reef Casino and enterprises by SAVEWhatcom and the SSA Marine consultant-led NWJA, could be viewed as attempts to drive public opinion against the Lummi Nation’s Silver Reef enterprises—trying to change the minds of the Silver Reef’s loyal patrons who enjoy the hotel, spa, casino, entertainment/shows, multiple restaurants, convention and event venue, and more.

NWJA omits important statistics

NWJA’s December 23 opinion piece failed to mention that the Lummi Nation’s Silver Reef Hotel Casino & Spa employs 675 people. It also failed to mention any of the significant contributions from the Lummi Nation to Whatcom County’s community at large, which certainly have a positive impact on countless families and individuals in Whatcom County. For example, LIBC Chairman Tim Ballew stated in a May 2015 piece in The Bellingham Herald, that Lummi Nation was “humbled and honored to be able to give back to the people who work so hard to make our community thrive,” when referring to its Nation’s donations of over $600,000 awarded to 43 organizations. Some of those organizations include the Bellingham Food Bank, the Whatcom Literacy Council, and Whatcom County Fire District 8, to name a few.

NWJA stated in its December 23 op-ed and its December 22 comment letter to the County Planning Commission, that “Whatcom County ranks 30th out of 39 counties for personal income growth [Bellingham Herald 11/19/15].” In reading The Bellingham Herald article cited as a source for that statistic, NWJA did not bother to inform readers that while the per capita personal income average in Whatcom County increased 3.2% from 2013 to 2014, placing it 30th out of 39 counties in the state, Whatcom County’s 2014 per capita income total ranks 16th highest out of Washington’s 39 counties.

lummi planning letter to county planning

Excerpt from December 10, 2015 comment letter submitted to Whatcom County Planning and Development by the Lummi Nation Planning Department

In its December 23 op-ed, and in its December 22 comment letter NWJA sent to the Planning Commission, Huntley and Owens referenced specific language from the December 10, 2015 comment letter from Lummi Nation’s Planning Department submitted to Whatcom County Planning and Development. The specific language was a new policy that Lummi Nation recommended be added to the County Comprehensive Plan:

“The shipment of coal, or crude oil, from any new shipping terminal or pier, or any existing terminal or pier, is prohibited.” Huntley and Owens said they were troubled by the Lummi Nation’s recommendation and wrote:

“This echoes previous requests that the Lummi have made to the County to begin phasing out the Cherry Point heavy industrial zone.” No evidence, however, was provided by the NWJA to show any previous, or even current, requests from Lummi Nation to begin phasing out the Cherry Point heavy industrial zone.

The underbelly of their reasoning

One particular statement NWJA made in its August 12, 2015 comment letter to the County Planning Commission revealed the underbelly of their reasoning:

“The Lummi occupy an important and unique role in our community, but they are just 1.5% of the County’s population.”

NWJA repeated similar statements in its August 27, 2015 email advertisement disseminated via its mailing list, and in its September 10, 2015 press release, potentially indicating to their audiences a reason to marginalize and dismiss Lummi Nation’s voice based on the Lummi’s minority population status.

Just as “Manifest Destiny” mandated that it was supposedly God’s providence that the U.S. should exercise hegemony over its neighbors—seeing North America as the new Promised Land, NWJA and the GPT corporate interests they advocate for, seem to believe that it’s their economic providence to exercise hegemony over the Lummi Nation—seeing Xwe’chi’eXen (Cherry Point) and its naturally occurring deep-water contours which allow for huge Capesize vessels stuffed with U.S. coal bound for Asia, as their new Promised Land.

The Lummi Nation, however, and countless people in the Pacific Northwest region, have a very different view of their destiny, and that view does not include the transporting, handling, and shipping of 48 million metric tons per year of coal to Asia, which is the plan for GPT.

Raising resentment of tribal treaty rights; encouraging the public and government officials to ignore tribal treaty rights; calling into question the motivation behind an Indian Nation’s exercising of its tribal treaty rights; interfering with the federal regulatory review process and the government to government relationship between a U.S. federal agency and Indian Tribes and Indian Nations; and making disparaging and unsubstantiated accusations against an Indian Nation and its leaders, are some of the various ways in which the Lummi Nation is being attacked as powerful corporations endeavor to realize their perceived manifest destinies, in pursuit of a coal export terminal at Xwe’chi’eXen.

BLM Leadership Coddles Hostile and Law Breaking Nevada Ranchers like Cliven Bundy

BLM Leadership Coddles Hostile and Law Breaking Nevada Ranchers like Cliven Bundy

By Katie Fite / WildLands Defense

This article first appeared on Counterpunch

Featured Image: Virgin River with banks trampled like a feedlot by Cliven Bundy cattle. May 2015.

In Oregon, an armed occupation of Malheur Wildlife Refuge headquarters is being led by self-proclaimed “patriots” from Nevada. They are defending a public lands ranching family’s “right” to set fires and break the law.

In Nevada, Cliven Bundy owes more than a million dollars in grazing fees. An armed confrontation broke out when BLM began to impound his trespass livestock. The government backed down. For almost two years, no action has been taken while the Bundy camp becomes ever more brazen. This past summer, when Cliven Bundy went to the Nevada legislature to support a bill to turn over federal authority of public land to the state, he was treated to a barbecue by Nevada Congressman Mark Amodei.

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Cliven Bundy is not the only Nevada Rancher being given proprietary treatment by Nevada federal land managers. Settlement deals and BLM coddling reward hostile ranchers at the expense of the public’s land.

Argenta Allotment Settlement

There has been prolonged, severe drought in Nevada. In 2014, defiant public lands ranchers resisted Battle Mountain BLM drought closures and cattle cuts in the Argenta allotment. They were emboldened by the Bundy incident. The ranchers set up a “Grass Camp,” aided by instigator Grant Gerber, across from the BLM office. They have waged an intimidation campaign against agency staff. They whined incessantly to cattle friendly Nevada politicians Amodei and Senator Heller. The Elko paper did not really report, but instead was a worshipful cheerleader against the BLM. The ranchers denied there even was a drought. At the very same time, they received lavish federal drought disaster relief payments.

The cattle damage became so severe that by late summer the local BLM finally closed the sensitive sage-grouse habitats in mountain pastures of the Shoshone Range to grazing. The ranchers and states rights politician John Carpenter appealed the protective closure. In spring 2015, an Interior Department Office of Hearings and Appeals administrative law judge finished review of a mountain of documents, and ruled in favor of the closure.

But within weeks, BLM folded. All of Argenta was again flung open to grazing. Leadership under Nevada BLM Director John Ruhs had forced a settlement deal indulging the ranchers’ every whim. Ruhs, bonded at the hip with the Cattlemen, had been “Acting” Director, and then officially became Nevada Director.

Nevada BLM Director John Ruhs

Nevada BLM Director John Ruhs

The deal was greased through by the “National Riparian Team,” composed of livestock industry sycophants from within BLM and the Forest Service, and outside cattle consultants.

The Team, while claiming to be a neutral party, immediately took the ranchers’ side – with Team members railing against perceived interference by the local BLM staff that had sought to control cattle damage to the public lands. So it’s no surprise the settlement flung open sensitive closed sage-grouse habitats to full bore grazing. Herds of several hundred cows were allowed to trample and devour “forage” across the drought-stricken public land in 2015.

The settlement put the Team in charge of a Coordinated Monitoring Group “(CMG”) dominated by ranchers and a token enviro group to take control of monitoring, to direct management actions, and run interference with the local BLM so the Argenta ranchers would not be accountable for grazing damage or trespass.

The cabal bars the public and press from observing their monitoring of grazing damage, and from their closed door discussions that dictate management. The group tells BLM what to do to keep the ranchers happy.

The result has been grazing chaos, and wanton damage of lands and waters.  Wildlands Defense (WLD) and colleagues visited Argenta to observe and document conditions. Cattle were scattered all over the allotment, and riparian areas ravaged. When we asked BLM where cows were supposed to be present, the local BLM managers did not even know. All was in the hands of the Team and CMG.

Cattle trampling dries out and destroys sage-grouse brood habitats.

Cattle trampling dries out and destroys sage-grouse brood habitats.

Scads of new cattle projects are also laid out in the settlement. A July Team memo plans new barbed wire fencing and water projects incrementally sprawled across Argenta. The Team embraces injurious grazing practices – severe cattle trampling soil disturbance and high use of native grasses. Why the projects? So ranchers don’t have to work to control their cows. This frontloads Argenta with band-aid fences around prominent degraded areas (and long term monitoring sites) close to roads, prior to any thorough Land Health assessment. There never has been any grazing study since the 1976 passage of FLPMA. The ranchers can then claim conditions within the little fenced areas are “improving,” and insulate against cattle cuts in an assessment.

Monitoring cage illustrating how severe cattle use is. Our site visits found such cages destroyed in some areas since the CMG group took over.

Monitoring cage illustrating how severe cattle use is. Our site visits found such cages destroyed in some areas since the CMG group took over.

This fall, BLM obediently issued a Decision giving the ranchers six new permanent fences, plus “temporary” water troughs and a pipeline. WLD and Wild Horse Education appealed the first battery of projects, which are terrible for wildlife. Sage-grouse and other wildlife are killed by flying into or becoming entangled with wire. The projects also shift intensive impacts onto other areas. We also challenged the Ruhs Settlement – which has altered grazing, established the exclusive closed meetings, and directed the projects. BLM claims we can’t appeal the Settlement.

Now over the holidays, BLM proposed more projects. The ranchers, through the cover of the Team and CMG, are essentially now running the public lands.

North Buffalo Settlement

Days after BLM caved in Argenta, one of the very same permittees, Filippini Ranch, rewarded BLM appeasement efforts by unleashing their cattle on the nearby North Buffalo allotment. North Buffalo, like Argenta, was closed for drought protection. It is home to a very small struggling population of sage-grouse, whose habitat is also being consumed by foreign gold mines.

BLM could not help but notice the cows turned out illegally, since the ranch owner told about the trespass to the Elko newspaper, flaunting his power. Leadership under Ruhs promptly rewarded this trespass with another Settlement deal. Just as in Argenta, a North Buffalo Settlement flung open the closed lands. BLM charged Filippini around $100 for willful trespass – a small price for being allowed access to tens of thousands of dollars worth of public lands “forage” for which the permittees pay a pittance.

Uncapped abandoned test well site in now Wilderness lands where rancher claimed water rights.

Uncapped abandoned test well site in now Wilderness lands where rancher claimed water rights.

DeLong and Humboldt County Settlement

There is yet another Settlement deal gift to a powerful rancher, this time in Winnemucca BLM lands. The powerful Delong ranching operation and Humboldt County had sued BLM over a raft of access issues primarily involving cattle water projects, many in Wilderness areas with no access roads. The projects had not been recognized by BLM when compiling project lists following the passage of the Black Rock Wilderness legislation in 2000. The lawsuit involved arcane regulations originating in the 1800s and early 1900s. BLM issued a scoping letter this fall proposing to maintain, reconstruct and access 15 cattle projects, access private inholdings, and maintain irrigation ditches – mainly in the North Jackson, South Jackson and Black Rock Wilderness in the South Jackson allotment.

BLM did not tell the public in its confusing letter that the proposal was based on yet another recent Settlement deal. We only learned of this when querying the BLM staff.

BLM field trip in area where rancher is being allowed access for cattle water project.

BLM field trip in area where rancher is being allowed access for cattle water project.

Hold Your Wild Horses

BLM leadership has knowingly looked away from a series of purposeful and blatant violations of the Code of Federal Regulations by a rancher (Borba) in the Fish Creek wild horse Herd Management Area in Battle Mountain country.

The rancher was found to be in “willful trespass,” grazing his livestock outside the boundaries of his legally authorized use for eight months. Under pressure from politicians Heller and Amodei, the BLM reduced the trespass and lowered fees.

The rancher and Eureka County also became upset over a local BLM decision to manage wild horses to incrementally reduce the population. The BLM removed over 200 wild horses, and then planned to use the PZP fertility control drug, and release horses given fertility control back to the HMA. In a stand-off reminiscent of an old western movie, the county and rancher showed up onsite and demanded the BLM not release the horses.

The BLM caved, and the horses were hauled away. After a lengthy legal battle the horses were returned to the range months later.

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The disgruntled rancher began a social media campaign to rile the public against “government abuse.” Claims were made that he was never in trespass. He videotaped himself repeatedly breaking the law, and put it on social media. The penalties for the acts committed clearly state that the permittee will face fines, possible jail time and “shall” lose the right to graze on public lands.

Ruhs met with the rancher, County and local BLM Manager Furtado at Fish Creek, and sided with cattleman over his own staff. The BLM state office has now put the brakes on the fertility control program for the Fish Creek wild horses. This winter, the permittee is grazing livestock as if nothing happened.

Is It Continued Bungling, Political Interference or Tacit Support?

Badly bungling the Bundy situation and failing to act for almost two years now, the BLM opened the floodgates of rancher defiance and Sagebrush Rebel hell. The Ruhs Settlement deals reward powerful public lands ranchers who hate the agency and the very concept of public good and public lands. Allowing violations of federal law to go unaddressed has created an environment where any concept of law appears meaningless. The Settlements in Argenta, North Buffalo, Jackson Mountain/DeLong, coupled with BLM leadership ignoring blatant Fish Creek rancher law-breaking, embolden the very parties who want to see the public lands become unmanageable by the federal government.

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Safety of BLM employees on the ground has been jeopardized. The ranchers want removed anyone who might attempt to protect the environment. Their intimidation campaign is demanding Battle Mountain District Manager Doug Furtado be fired. The local office has been rendered powerless.

Appointment of Ruhs as Nevada Director, sweetheart settlement deals and toleration of overt law-breaking all have taken place under national BLM Director Neil Kornze, a native of Elko, Nevada and son of a mining engineer.

Is this ineptitude on the part of BLM leadership, political interference, or something else? Kornze increasingly appears to be either the most bungling BLM Director ever – or a fellow traveler with the Nevada public Land Grab crowd. While we continue to see PR photos of the BLM Director on outdoor excursions, important areas of the American West are being handed over to the welfare ranchers through a policy of capitulation and appeasement – resulting in a de facto loss of federal control and stealth Land Grab.

Barabaig and Masai Gain Cattle Grazing Access in Tanzania

Barabaig and Masai Gain Cattle Grazing Access in Tanzania

By Mary Louisa Cappelli, PhD, JD / Globalmother.org

Featured image: Barabaig pastoralist

Katesh — After a fifty-year struggle against land grabbing by foreign agribusiness corporations, nomadic pastoralists in the Hanang District of Eastern Tanzania have finally won Certificates of Customary Right of Occupancy pursuant to the 1999 Land Act No. 5. With legal assistance from The Ujamaa Community Resource Team, The Barabaig and Masai in the villages of Mureru, Mogitu, Dirma, Gehandu and Miyng’enyi now have much needed access to approximately 5,500 hectares of grazing land for their cattle.

While several villages have benefited from the decision to enforce the 1990 Land Act No. 5, the Barabaig of the Basuto Plains have not been recognized in the latest issuance of Certificates of Customary Right of Occupancy. The Barabaig have been engaged in a  fifty-year struggle to maintain their cultural integrity against the jurisprudent land policies of privatization and villagization, which have systematically suspended their constitutional rights and legal protections. The powerful infiltration of neoliberal forces culminating in land and resource grabbing has fashioned a geographical landscape of displaced indigenous peoples struggling to restructure their lives in uninhabitable terrain that supports relatively few life forms. While recording mythohistories amongst the Barabaig women, I have had the opportunity to witness first hand how the Barabaig have resisted globalizing forces that have pushed them to the farthest regions of the Basuto Plains.

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Barabaig drinking from what remains of sole water source

Land Policy

The restructuring of socio-geographic areas in the interest of globalization has been most visible in the legal system in regards to land policy jurisprudence and administration, demonstrating how global discourse circulates in such a powerful system as to suspend constitutional rights and protections of the Barabaig Peoples. For many years, first President of the United Mwalimu Julius K. Nyerere’s philosophy on land holdings has shaped Tanzanian land policy. Rejecting the commoditization of land, Nyerere believed land was God’s gift to humanity and therefore could not be privatized. In his discussion of land holdings, he argues:

This land is not mine, but the efforts made by me in clearing that land enable me to lay claim of ownership over the cleared piece of ground. But it is not really the land itself that belongs to me but only the cleared ground, which will remain mine as long as I continue to work on it. By clearing that ground I have actually added to its value and have enabled it to be used to satisfy a human need. Whoever then takes this piece of ground must pay me for adding value to it through clearing it by my own labour. (Nyerere 1966)

This philosophy treats land as a fundamental right of human needs and not as commodity. This sentiment is further expressed in “The Nyerere Doctrine of Land Value” in the case of Attorney- General v. Lohay Akonaay and Another (Sabine 1964). [i] Accordingly, it is the public who possess land rights and an individual has a right to occupancy to use the common land belonging to the public. The duration of the Right to Occupancy can last from anywhere between 33 to 99 years depending on location and usage. The 1923 Land Ordinance of 1923 to 1999 referred to this title as a Deemed Right of Occupancy, based on occupation to confer ownership. “The majority of the people living in the rural areas—and who form more that 80% of the population of Tanzania hold their land under this system” (Peter 2007).

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Today, President John Magufuli is the trustee of Tanzanian public lands and it is Magufuli who has the power and authority to decide what is in the public’s interest in terms of land decisions. Magufuli holds the power to “repossess land on behalf of the public for construction of roads, schools, hospitals etc.” (Peter 2007). Land can and has been taken from indigenous peoples without compensation for the land.  In return the occupier is compensated for unexhausted improvements to the land, including houses, structures, crops; however, the occupier is not compensated for the land itself.

Legal Decisions Support Agribusiness Ventures

The implementation of the commoditization of land and resources can be seen in the 1960 decision to cultivate wheat in the Arusha Region of Hanang District. The United Republic of Tanzania along with the Canadian Food Aid Programme launched the Basotu Wheat Complex securing ten thousand acres of Barabaig land for wheat farming. In 1970, the National Agriculture and Food Corporation (NAFCO) expanded the project developing several large scale wheat farms securing 120,000 hectares of Barabaig pasture land, including homesteads, water sources, sacred burial grounds, and wild life.

Sadly, many Barabaig were unaware of the legal maneuvering for their land and first found out about it when tractors ploughed through their homesteads. According to reports and interviews, NAFCO failed to give due process to people living on their land at the time and were deemed to be trespassers on their own property. Chief Daniel recalls how he was jostled from sleep and ordered to leave. “We were forced off our own land by gunpoint,” he said.

A girgwagedgademga (council of women) with Chief Daniel

A girgwagedgademga (council of women) with Chief Daniel

In the 1981 Case of National Agricultural and Food Corporation v. Mulbadaw Village Council and Others, the Barabaig sought legal protection and sued the National Agricultural and Food Corporation (NAFCO) for trespass on their land at the High Court of Tanzania in Arusha. While the High Court of Tanzania (D`Souza, Ag. J.) ruled in favor of the Barabaig Plaintiffs, stating that the Barabaig occupied land under customary title,  the Court of Appeal of Tanzania overturned the decision and ruled in favor of NAFCO stating that, “The Plaintiffs/Respondents – Mulbadaw Village Council did not own the land in dispute or part of it because they did not produce any evidence to the effect of any allocation of the said land in dispute by the District Development Council as required by the Villages and Ujamaa Villages Act of 1975” (Peter 2007).  In effect, the Village Council had trespassed by entering their own traditional lands, the Court of Appeals ruling that the villagers failed to meet the burden of proof that they were natives within the meaning of the law.

Legal analysis of case precedence is evidence that the Tanzanian government discounted Barabaig collective customary rights, discounted Barabaig tripartite land holding practices, ignored detrimental ecological effects derived from alienation of pastoral lands, and moreover privileged the privatization and commodification of land and foreign and national interests over local indigenous rights. Political power backed by powerful interest groups proved in this case study that power is not the same as law and that in the world of nation-states, placelessness and dispossession is a political byproduct of globalization.

In 1987, Tanzania, submitting to pressure to follow “global norms of behaviour,” decreed the Extinction of Customary Land Right Order.  This extinguished land occupation under customary law, precluding Barabaig from exercising customary land rights protection (Larson and Aminzade 2009). Subsequently, when the Barabaig migrated during dry seasons, they left their lands with little evidence of occupancy, resulting in encroachment by external forces. The government began the process of Villagization, whereby the Barabaig were given portions of unused land deemed unsuitable for commercial purposes with little water resources.  The Barabaig were subsequently settled (land-locked) in villages. The Villagization of the Barabaig drastically interfered with customary land practices, nomadic land use patterns, and livestock herding traditions.

According to Shivjii Chairman of the Presidential Commission of Enquiry into Land Matters, the movement of people into villages was achieved with “little regard to existing land tenure systems and the culture and custom in which they are rooted” (2007).  The Barabaig surrendered their traditional migratory herding strategies and were forced to graze their cattle in a migratory cycle marked by a restricted one-day distance from their homestead. The concentration of livestock on this pattern of limited grazing has adversely impacted its ecosystems resulting in a “decline of levels of pastoral production and welfare” (Peter 2007).

Mama Paulina and widow

Mama Paulina and widow

 

The Land Tenure reform is based on the premise that indigenous land tenure systems act as an obstruction to development and that more formal registered land title will encourage rural land users to make investments to improve their land investments through the provision of credit. The Tanzanian administrative structure grants each village a statutory title to land and further argues that granting titles and providing credit for land improvements will thwart encroachment by external forces; however, under the Customary Land Ordinance this has led to the holding of double titles leading to further complications of legality of ownership.  The Barabaig case provides contrary evidence demonstrating that both objectives have failed to ward off encroachment by outsiders to enclose land for crop cultivation.

In addition, Land Use Appropriation by Foreign interests have interfered with traditional migratory patterns to water sources, denying Barabaig access to water during the dry seasons.  Traditionally, Barabaig herders migrated eastward out of the village in the dry season to gain access to permanent water sources on the shores of Lake Balangda Lelu. The land allocation plans fail to recognize the indigenous needs of water sources; moreover, these allocations do not take into account the complexity of the traditional land use patterns in and beyond village boundaries. Because the Barabaig follow an animistic belief system that recognizes the interdependency and reverence of all life forms, displacement from their land and ancestral gravesites disrupts their sacred patterns of worship and traditional ways of being and living in the world.

The Barabaig were unaware of the Land Use Planning Provisions at the time and hence did not object to them because they did not realize how it would limit their migratory grazing patterns and obstruct their traditional livelihoods.  According to Barabaig Chief Leader Daniel, plans were purposefully “ambiguous” and unclear with little account taken of their pastoral economy.  Facing starvation, many pastoralists experienced a sense of cultural, spiritual and economic placelessness, and have been forced to give up their livelihood and migrate to squatter settlement areas in Arusha or Dar es Salam.  “They fill the perio-urban shanties to eke out a living as best they can in the informal economy or become burdens of the state as the industrial and commercial sectors have no capacity to absorb more workers” (Lane 1990).

chief daniel

The issuance of Certificates of Customary Right of Occupancy provides a temporary legal tourniquet against the inhumane assault on indigenous livelihoods. According to Attorney Edward Ole Lekaita from The Ujamaa Community Resource Team in the Arusha District, efforts have begun once again to take up the legal gamut to secure customary title deeds for the Barabaig of the Basuto plains.

About the author: An interdisciplinary ethnographer, Mary Louisa Cappelli is a graduate of USC, UCLA, and Loyola Law School whose research focuses on how indigenous peoples of the global South struggle to hold onto their cultural traditions and ways of life amidst encroaching capital and globalizing forces. She previously taught in the Interdisciplinary Program at Emerson College and is the director of Globalmother.org, a Tanzanian WNGO, which engages in participatory action research and legislative advocacy in Africa and Central America.  

References:

Aminzade, R. and Larson, E. “Nation-building in post-colonial nation-states: the cases of Tanzania and Fiji.” International Social Science Journal  Vl. 59: (2009):1468-2451.

Lane, R.  Charles. “Barabaig Natural Resource Management: Sustainable Land use under Threat of Destruction.” United Nations Research Institute for Social Development Discussion. Discussion Paper (1990): No 12.

Nyerere, J. K. Freedom and Unity: A Selection from Writings and Speeches

1952-1965. London: Oxford University Press, 1966.

Peter, Maina, Chris. “Human Rights of Indigenous Minorities in Tanzania and the Court of Law.” Journal of Group and Minority Rights, 2007.

Sabine, G. H. A History of Political Theory, London: George G. Harrap & Co. Ltd, (1964): 527-528.

 

 

Raven Gray: Witnessing Extinction

Raven Gray: Witnessing Extinction

By Raven Gray / Deep Green Resistance

Dec 21st, 2014. I walk to Kehoe beach with my son. A winter storm is raging from the northwest, blurring the boundary of sky and sea. We have the place to ourselves. The tide is out, but the wind carries the waves up to the high tide line. Trash is everywhere; candy wrappings, drinking straws, polystyrene balls, plastic bottle tops, bullet cases. We start to pick it up, when I realize that there are hundreds of dead birds buried in the sand, tangled up in the piles of kelp. Once I see them, I cannot look away, their bodies scattered as far as the eye can see. I start counting, but stop after a while. All of them are Cassin’s Auklets.

April 24th, 2015. I drive to Limantour Estero on a bird watching trip, with five local birders. My heart bursts to see the burnt and broken landscape, and I call out: “Look! Look how the Bishop Pines are dying! So many have died in the past year!” The conversation falls silent. The guide clears his throat, looks back at me and says he hadn’t really noticed, it all looks fine to him. He says he’s more interested in the birds. The woman next to me turns and says: “Maybe it’s their time to go. Everything dies, you know.

August 24th, 2015. I return to Kehoe Beach with my son. A strong northwesterly carries the stench of death into the dunes, attacking our nostrils long before we reach the sea. It’s unwelcoming but I want to be a witness, so we walk on. The tide is low, and as we reach the high tide line, I can see that once again, countless dead birds are buried in the sand. The wrack zone is composed entirely of white feathers stretching in both directions, as far as the eye can see. I start counting, but stop after a while. All of them are Common Murres.

September 6th, 2015. I take my son to Drake’s Beach Sand Sculpture Contest. It’s hot, in the 90s, and there are over three thousand people there. I notice a large plastic bucket in the crowd. Some people walk past and look into it, then move on. Curious, I walk over. Inside, a cormorant is lying prostrate, flapping one wing. It is being baked alive. I pick her up and wrap her in my shirt. I whisper: “It’s OK. I’ve got you now.”

I look around for a park ranger to help. The first one shrugs: “Maybe it’s their time to go. Everything dies, you know.” The second one says: “It’s illegal to touch that bird.” “Go ahead,” I say. “Arrest me.” The third one says: “Yes, the sea birds are dying. It’s part of a natural die-off. I’m sorry, but the Park’s policy is to let nature take it’s course”. I tell her that there is nothing ‘natural’ about human induced climate disruption. I tell her that acidification of the oceans, warming seas, toxic algal blooms, Fukushima radiation, plastic pollution, and collapsing marine ecosystems are all man-made disasters. I tell her that the bird in my arms is intelligent, sentient, and that she deserves to live. That she has rights too, and it is our responsibility to protect those rights. At this moment, the bird raises her head and a bright ray of light shines out through her one aquamarine eye. She looks straight at me and promptly dies in my arms. I take her to a quiet place with my son, and we sing the ancestor song. We pray our tears will guide her home. On the way back we witness another cormorant curled up on the beach. We watch in silence as she dies too.

September 29th, 2015. It’s my birthday, and I walk to Limantour beach. On the way, I notice how many more Bishop Pines have died in the past few months. The landscape is beginning to look like Mars. When I get close to the beach, I’m overcome – again – with the stench of death. I look for dead birds and find them. Feathers and bones scattered in the shifting sands. I don’t bother to count them. The ocean water is pea-green tobacco soup. It smells acrid, like sulphur. I realize this must be the “blob” – the largest toxic algal bloom ever recorded, stretching 40 miles wide, 650 feet deep, running all the way from central California up to Alaska. I wonder how many lives it has taken, how many more it will take, and whether it will be here next year, and the year after, and the year after that, until eventually the whole ocean becomes one giant toxic blob bloom, devoid of all life?

The mass die-offs happening in the Pacific Ocean are not confined to birds. Sea lions, seals, dolphins, whales, anchovies, crabs, sea otters – all are dying in unprecedented numbers. They are starving to death. They are being poisoned. They are being killed. We are in the midst of the Sixth Great Extinction, and we are the cause.

Who will stand and bear witness? Who will count the dead? Do you have the courage to turn your face towards the pain, towards the dark truth of what we are doing to this earth? Or will you turn your face away as the world burns and dies around you?

Bundy Militia Musters Again Over Paiute Land

Featured Image: A view of the Malheur National Wildlife Refuge, where self-styled “militia men” are declaring a takeover of refuge headquarters. Claudio Del Luongo/Shutterstock

Some of the same armed “militia” involved in the Cliven Bundy affair in Nevada have occupied federal land in Oregon formerly reserved for the Northern Paiute. Ironically, the “legal” basis for starting a fight with the federal government is that sovereignty “really” belongs to Oregon rather than the Paiutes, who have seen their federal trust land shrink from over one and a half million acres to a tiny remnant of 760 acres in Burns, Oregon, where this current armed standoff began.

Cliven Bundy is a Nevada rancher who engaged in an armed standoff with the federal government in 2014 when some of his cattle were seized over 20 years of unpaid grazing fees.  “Militia members” and “patriots” from all the western states and phototropic politicians from as far away as Arizona joined Bundy.  Video at the time showed “militiamen” taking aim at federal officers, and the authorities decided a bloodbath over grazing fees was not sensible. When the federal agents stood down, the militias declared a major victory.

This Saturday, January 2, the war over federal authority continued when an unknown number of militia members seized a building in the Malheur National Wildlife Refuge and Ammon Bundy—Cliven Bundy’s son—released a video urging like thinking people to arm themselves and come to Oregon, declaring, “We’re going to be staying for several years.”

The “militiamen” claimed the occupation of the empty building was accomplished by 150 armed men. The armed occupation of Malheur Wildlife Refuge grew out of demonstrations over the impending deadline for Steven Hammond, 46, and his father Dwight Hammond, Jr., 73, to report to federal custody to begin serving five years in prison each for arson on public lands.

At the Hammonds’ trial, the government argued that the fires were set to cover up evidence of poaching activities. The Hammonds did not deny setting the fires but claimed their purpose was to destroy invasive species.

In the 2014 standoff, Cliven Bundy claimed that federal agents had no authority in Nevada. He now claims the same of Oregon, stating Saturday, “United States Justice Department has NO jurisdiction or authority within the State of Oregon.”

If anything is clear-cut about Indians in the Constitution, it is that relations with Indian nations are a federal responsibility. Carrying out that responsibility in Oregon, President U.S. Grant established the Malheur Indian Reservation for the Northern Paiute in 1872. It is no coincidence that the historical reservation shares a name with the Malheur National Wildlife Refuge, site of the current armed standoff.

White settlement nibbled at the Malheur Indian Reservation until the Bannock War in 1878, which ended with surrendered Paiutes and Bannocks on the reservation being removed, officially to the Yakama Reservation in Washington Territory.  Unofficially, Paiutes had scattered all over the Western States that comprised their aboriginal lands. The Burns Paiute Reservation is the remains of the Malheur Reservation and the Malheur Wildlife Refuge is an alternative use for the federal land, for those who believe the federal government exists.

As in Nevada, the Bundys claim the only lawful authority in the area is the Harney County Sheriff David Ward, who they have petitioned to take the Hammonds into “protective custody” from the U.S. Marshal.

In a video posted on YouTube, Ammon Bundy said, “This is a time to stand up.” Willamette Week reported that militia members have been arriving in Burns, Oregon, for weeks.

Jon Ritzheimer made a farewell video for his family before heading out to fight with the “oppressive, tyrannical” federal government and posted it on YouTube. If he were not promising to “die a free man,” his rant about the Constitution would be humorous. While he would fail my constitutional law course, his, ahem, unusual reading of the document loses some humor value when he offers it as a reason to “lay my life down to fight against tyranny,” tyranny put in place by “kids who never got their hands dirty who went off to college” and came back thinking they know as much about land management as farmers.

Ammon Bundy claims on video to be doing God’s work and says of the 2014 standoff, “because people came, we are free.” He also claims that the U.S. Attorney threatened to get the Hammonds assigned to “a less desirable prison” if they kept consulting with the militia and that would be “a death sentence.”  Urging people to join in, he referred to the occupation of the Wildlife Refuge as, “This wonderful thing that the Lord is about to accomplish.”

The Oregonian reported that one of the occupiers is Ryan Payne, an army veteran who claimed to have organized snipers to target federal agents during the 2014 standoff at the Bundy ranch in Nevada.

Another veteran of the Bundy standoff, Blaine Cooper, told The Oregonian, “I went there to defend Cliven with my life.”

Oregonian coverage was up to date as of early January 3, and included this statement on the situation from Harney County Sheriff David Ward:

After the peaceful rally was completed today, a group of outside militants drove to the Malheur Wildlife Refuge, where they seized and occupied the refuge headquarters. A collective effort from multiple agencies is currently working on a solution. For the time being please stay away from that area. More information will be provided as it becomes available. Please maintain a peaceful and united front and allow us to work through this situation.

According to reporting by the Associated Press, the Hammonds are not as quick to advocate shooting at federal officers as Cliven Bundy. The AP quoted a letter from the Hammond family lawyer, W. Alan Schroeder, to Sheriff Ward: “Neither Ammon Bundy nor anyone within his group/organization speak for the Hammond family.” Dwight Hammond himself told the AP that he and his father intend to turn themselves in on January 4 as ordered. “We gave our word that’s what we would do, and we intend to act on it.”

While state and federal law enforcement agencies discussed how to end the occupation without bloodshed, Cliven Bundy from his Nevada ranch and the occupiers in the Malheur National Wildlife Refuge used social media to call for supporters to come to Oregon. And come armed.

Pinyon-Juniper Forests: BLM’s False Claims to Virtue

Pinyon-Juniper Forests: BLM’s False Claims to Virtue

By Will Falk / Deep Green Resistance
Featured image: The author surveying the devastation of Pinyon-Juniper deforestation (Photo: Max Wilbert)

 Once I recovered from the shock I experienced witnessing the carnage produced by a Bureau of Land Management’s (BLM) so-called “pinyon-juniper treatment project” just south of Spruce Mountain in Nevada, all I wanted was the destruction to stop. In order to stop the destruction, we have to ask the question: “Why are they doing this?”

BLM’s justifications [are] moving targets … Once a justification is proved to be based on bad science and incomplete research, BLM throws up a new target.

To learn the answer, I embarked on a long, strange trip through BLM documents, books on pinyon pine trees, YouTube propaganda, and countless scientific articles. I found so many justifications, my head was spinning. On a phone call with staff from the Southern Utah Wilderness Alliance (SUWA), Field Attorney Neal Clark described BLM’s justifications as “moving targets.” Once a justification is proved to be based on bad science and incomplete research, BLM throws up a new target. Meanwhile, the destruction of pinyon-juniper forests intensifies.

The BLM, Carson City District, Sierra Front Field Office is proposing a vegetation treatment project in the Virginia Mountains area north of Reno and west of Pyramid Lake in Washoe County, Nevada. The Virginia Mountains Vegetation Treatment Project would destroy “approximately 30,387 acres” of pinyon-juniper forest.

The BLM’s online notice lists some of the most common excuses used for pinyon-juniper deforestation. Those excuses include: to “reduce the potential of large-scale high severity wild land fire,” “provide for public and firefighter safety and protection of property and infrastructure,” “maintain sagebrush habitat, riparian plant communities, wet meadows, and springs,” and “protect and enhance historic juniper woodland habitat.” In order to achieve these goals, the BLM’s online notice says the “proposed treatments include mechanical mastication, mechanical removal, hand cutting, chemical treatments, chaining, and seeding.”

BLM’s claims in their campaign against pinyon-juniper forests directly contradict the body of scientific literature.

Of course, the notice ends with the currently fashionable nod to protecting greater sage-grouse habitat and reads, “treatments would be designed to address threats to greater sage-grouse from invasive annual grasses, wildfires, and conifer expansion.”

When BLM claims that their proposed pinyon-juniper treatment projects will achieve the results like the ones listed in the Carson City District, Sierra Front Field Office’s notice, they are making claims that are not supported by scientific research. In fact, many of BLM’s claims in their campaign against pinyon-juniper forests directly contradict the body of scientific literature.

Since I began researching pinyon-juniper forests, writing this Pinyon-Juniper Forest series, and participating in a grass-roots campaign to demand a nationwide moratorium on pinyon-juniper deforestation, I have heard BLM’s claims replicated many times. It is time their erroneous assertions are put to rest. In this essay, I will address the common justifications BLM uses for destroying pinyon-juniper forests and show how BLM is lying.

***

The first reason BLM’s Carson City District, Sierra Front Field Office uses to support its proposal to clear-cut 30,387 acres of living forest is typical in the nationwide assault on pinyon-juniper forests. BLM claims their proposed project will “reduce the potential of large-scale high severity wild land fire.” According to BLM, this will “provide for public and firefighter safety and protection of property and infrastructure.”

BLM’s justification suggests that there is a serious potential for high severity, wild land fire in pinyon-juniper forests, but is that true?

William L. Baker and Douglas Shinneman wrote an article “Fire and Restoration of Piñon-Juniper Woodlands in the Western United States: A Review” (PDF) which is considered one of the leading reviews of fire incidence in pinyon-juniper forests. Baker and Shinneman argue that there simply is not enough scientific evidence for land managers to apply uniform fire and structural treatments like BLM’s proposed Virginia Mountains Treatment Project in pinyon-juniper forests.

[The BLM’s proposed] treatments have actually been found to increase pinyon-juniper forests’ potential for burning.

Not only are scientists cautioning BLM not to assume pinyon-juniper forests have a serious risk of large scale fire, mechanical treatments have actually been found to increase pinyon-juniper forests’ potential for burning. Allison Jones, Jim Catlin, and Emanuel Vazquez, working for the Wild Utah Project, wrote an essay titled “Mechanical Treatment of Piñon-Juniper and Sagebrush Systems in the Intermountain West: A Review of the Literature” (PDF). Their essay is a comprehensive review of the scientific literature surrounding pinyon-juniper forests and their review undermines many of the goals often given as the reasons for prescribed mechanical treatments of pinyon-juniper forests.

In regards to using pinyon-juniper mechanical treatment as a tool for reducing the potential of wild land fire, Jones et al. write, “There are… many studies that report when piñon-juniper is mechanically treated and if cheatgrass and/or other exotic annuals are present in the system before treatment, then cover of these species will increase post-treatment.” Cheatgrass, of course, is an invasive species that quickly outcompetes native grasses. The relevant problem with cheatgrass is that it is more flammable. When cheatgrass dominates rangelands, it speeds up the natural fire interval of those rangelands. In other words, cheatgrass makes the land it occupies more prone to wild fires.

Regardless of what BLM says, what they are actually doing is contributing to global climate change, a longer wildfire season at home, and hastening the destruction of the entire planet.

When BLM rips up pinyon-juniper forests in the interests of reducing the potential for wildfires, their destruction produces the opposite of their stated goal. Instead of providing for public and firefighter safety, BLM is actually making it easier for cheatgrass to choke out native species which in turn makes it more likely the Great Basin will burn. On the global scale, we know that deforestation speeds climate change. Trees sequester carbon and the prevalence of carbon dioxide in the atmosphere is a leading cause of climate change. Warming climates lead to longer and more intense wildfire seasons. Wildfires burn forests releasing more carbon dioxide into the atmosphere and the vicious cycle intensifies. Regardless of what BLM says, what they are actually doing is contributing to global climate change, a longer wildfire season at home, and hastening the destruction of the entire planet. “Public and firefighter safety”? Hardly.

Healthy Pinyon-Juniper forest (Photo: Max Wilbert)

Healthy Pinyon-Juniper forest (Photo: Max Wilbert)

The next justification BLM’s Carson City District, Sierra Front Field Office lists for why it must destroy pinyon-juniper forests is to “maintain sagebrush habitat, riparian plant communities, wet meadows, and springs.” Before I address this justification, remember that BLM plans to maintain different plant habitats through processes like chaining tens of thousands of acres of living forest. Chaining, you may recall, involves stretching an anchor chain from a US Navy battleship between two trawler tractors and dragging the chain across the forest floor ripping up everything the tractors’ path. Chaining, BLM claims, improves sagebrush habitat, riparian plant communities, wet meadows, and springs.

There are two mistaken beliefs underlying BLM’s stated goal to maintain sage brush habitat, riparian plant communities, wet meadows, and springs. The first idea is rooted in BLM dogma that insists that pinyon-juniper forests are “encroaching” into lands (including sagebrush habitat) they did not previously occupy. The second idea accuses pinyon pine and juniper trees of somehow using too much water and hypothesizes that cutting these trees will lead to increased water yield. Both of these arguments have been soundly defeated in scientific literature.

The pinyon-juniper encroachment theory is a product of settler colonialism’s historical amnesia. One of the products of the white supremacy brought to the Great Basin by European settlers is a selective memory that ignores guilt-inducing facts of ecological destruction wrought on the Great Basin by European mining activities.

When BLM claims pinyon-juniper forests are encroaching, the forests are actually recovering from the shock of European development.

Pinyon pine expert Ronald Lanner described the catastrophic destruction of pinyon-juniper forests in Nevada in his book “The Piñon-Pine: A Natural and Cultural History.” Lanner explains how pinyon and juniper wood was essential for fuel for smelting operations, lumber for buildings in boom towns, and as mine supports in mine-shaft construction. Lanner says western Nevada’s Comstock mines used 18 million board feet of pinyon-juniper timber annually while Eureka, Nevada burned 17,850 bushels of pinyon-juniper charcoal daily. Lanner explains that by 1870 – a mere 11 years after the European discovery of silver in Nevada – charcoal makers had denuded forests for a 50 miles around Eureka, NV.

When BLM claims pinyon-juniper forests are encroaching, the forests are actually recovering from the shock of European development. It wasn’t just mining, either. Lanner estimates that 3 million acres of pinyon-juniper forests were destroyed to make room for cattle between 1960 and 1972 in the Great Basin and Intermountain West. Jones et al. explain that “what we see today in many cases is piñon-juniper simply recolonizing places where they were dominant but then gained in the 1940s to 1970s.” They go on to state, “what is actually natural recolonization is often mistaken for encroachment.”

A classic accusation hurled at juniper trees in particular is that they consume more water through their roots compared to other plants where junipers live. Jones et al. cite 8 recent studies to state that this simply is not the case. Jones et. al also demonstrate that mechanical treatments of pinyon-juniper forests do not produce the effects BLM wants the treatments to: “There are many indications from the literature that mechanical piñon-juniper…treatment, especially if followed by mechanical drill seeding, can fail to meet the goals of ‘ecological restoration and watershed health and productivity.” The seedings enable grazing by large herds of cattle that also disturb the soil crusts and cause flammable cheatgrass to proliferate.

Why do these mechanical treatment projects fail to promote restoration? They fail to promote restoration because, as Jones et al. explain, mechanical treatments are extremely destructive to biological crusts. Additionally, Jones et al. point out how mechanical treatments like chaining lead to the greatest degree of soil disturbance. And, soil losses due to erosion following destructive activities like chaining can take 5,000 to 10,000 years to reform.

Wide view of Pinyon-Juniper clear-cuts (Photo: Max Wilbert)

Wide view of Pinyon-Juniper clear-cuts (Photo: Max Wilbert)

Next, we have BLM’s claim that their Virginia Mountains Vegetation Treatment Project will “protect and enhance historic juniper woodland habitat.” Again, even without the science, it is difficult to understand how dragging a giant chain across a forest floor to rip up pinyon pine and juniper trees by their roots can protect and enhance the very juniper trees being destroyed. As you might expect, the science reveals the lunacy in BLM’s stated goal.

In addition to the way mechanical treatments of pinyon-juniper forests destroy a natural community’s biologic crust and lead to practically irreversible soil loss, Jones et al, describe how mechanical drill seeding or mechanical clearing of dead pinyon-juniper trees after a fire “can lead to significantly increased wind erosion…” They also state that, “there are many examples in the literature of cases where mechanical clearing of piñon-juniper has led to increases in erosion by both air and water.” And finally, they remind us that “any kind of land treatment that clears the existing vegetation and disturbs the soil (so all mechanical treatments but also fire and chemical treatments) can result in increases in exotic annuals, especially cheat grass, when these species are present in the system before treatment.”

It is quite clear, then, treatment projects like the proposed Virginia Mountains Vegetation Treatment Project do not protect and enhance historic juniper woodland habitat. These projects destroy historic juniper woodland habitat and seriously degrade the ecosystems they are found in.

***

Protecting greater sage-grouse habitat has become the newest justification for pinyon-juniper deforestation and BLM explains that the Virginia Mountains Treatment Project “would be designed to address threats to greater sage-grouse from invasive annual grasses, wildfires, and conifer expansion.”

These lists of threats to greater sage-grouse suggest that if BLM was truly interested in protecting the birds, they would spend their energy combating oil and gas development, conversion of land for agricultural use, and climate change.

First, we should double-check precisely what are the threats to greater sage-grouse. The World Wildlife Fund, for example, takes a slightly different perspective than BLM saying, “Unfortunately, because of oil and gas development, conversion of land for agricultural use, climate change and human development, sage grouse only inhabit half their historic range.” A similar website run by Defenders of Wildlife echoes WWF, “Remaining sagebrush habitat is fragmented and degraded by oil and gas drilling, livestock grazing, mining, unnatural fire, invasive weeds, off-road vehicles, roads, fences, pipelines and utility corridors.”

These lists of threats to greater sage-grouse suggest that if BLM was truly interested in protecting the birds, they would spend their energy combating oil and gas development, conversion of land for agricultural use, and climate change. I will play BLM’s game, though, to discover if mechanical treatments really will produce the results BLM thinks they will.

They will not, of course. Jones et al. made it clear that mechanical treatments of pinyon-juniper forests pave the way for invasive annual grasses to dominate treated areas. Invasive annual grasses choke the ground surface with continuous fuel, and burn more easily than clumped native bunchgrasses. And, as I wrote earlier, “mechanical treatments” are codespeak for deforestation. Deforestation leads to accelerated climate change which leads to more wildfires which kill greater sage-grouse.

I have already cited Lanner and Jones et al. (who cite many, many more) to explain that “conifer expansion” in most places is not really happening. This time, I want to address this argument from a psychological level. Notice how BLM is blaming conifer expansion for greater sage-grouse habitat loss while many other organizations are blaming oil and gas development, agricultural conversion, and mining. These other organizations, in other words, are blaming human expansion for greater sage-grouse habitat loss. When BLM’s rhetoric is viewed in this way, it becomes possible to analyze BLM’s words as a psychological distraction away from the role of humans in the destruction of the Great Basin. It is easier to blame trees than it is to blame humans for the deterioration of the Great Basin. Maybe this explains why so many readily accept BLM’s bogus arguments?

***

Learning that BLM is mistaken or spreading downright lies about what they’re doing to pinyon-juniper forests, the question, again, becomes, “Why?”

Why are they lying? How have they convinced themselves this is acceptable? Are they so beholden to ranching interests that their rationality has been destroyed by cattle money? Do they truly think they are doing what is best for the lands they “manage?” Or, with the amount of destruction they are wreaking on the Great Basin, do they hate pinyon-juniper forests?

I think there must be good-hearted people working for BLM who truly do care for the Great Basin. I wonder how they could have been misled in this way. I recall an article I recently read by Robert Jay Lifton, the brilliant psychologist who asked these very same questions of those involved in the rise of Nazism in his book “The Nazi Doctors.” Lifton’s article appeared in the New York Times and was called “The Climate Swerve” about the world’s deepening awareness of climate change.

Whether [the BLM staff] believe their false claims to virtue or not, is irrelevant for the thousands of acres of beautiful, ancient pinyon-juniper forests set to be destroyed by BLM. What matters is that we stop them.

In the article, Lifton explains, “Over the course of my work I have come to the realization that it is very difficult to endanger or kill large numbers of people except with a claim to virtue.” I would extend his realization to the natural world and explain that BLM’s justifications stand as their claims to virtue clearing their conscience before they murder millions of trees and the beings who live in them. The only way BLM can cut 30,387 acres of pinyon-juniper forests is to claim they are “protecting the public and firefighters” or “enhancing historic juniper woodland habitat” or addressing “threats to greater sage-grouse” so they do not have to face the truth of their violence.

Whether they believe their false claims to virtue or not, is irrelevant for the thousands of acres of beautiful, ancient pinyon-juniper forests set to be destroyed by BLM. What matters is that we stop them.