1.7 Million Acres in Nevada Open for Fracking

1.7 Million Acres in Nevada Open for Fracking

Written and photographed by Justin McAffee

On a warm late-summer day, an old friend and I drove down some 50 miles of gravel road through a remote part of Nevada’s Tule Desert. We spotted a flock of golden eagles, and one even landed on a nearby Joshua Tree. The moment was magical. Yet the moment was fleeting as we looked at the overlay map of parcels the BLM would be selling to oil companies for pennies on the dollar, right where we stood. 

In the coming weeks, my friend from the Sierra Club would take me much further into Nevada’s Great Basin where in total an area the size of Delaware is up for sale by the BLM. We took pictures to document what was at stake.

One year earlier, on a three-day journey through the Great Basin and beyond, down a small watershed that drains into Lake Mead, I had been through the same places with a group of native people from Nevada. These places we perceive as “empty” deserts are not at all empty. They are teeming with all sorts of value beyond some corporation’s profit margins. They are full of life, plants, animals, life-giving water as well as human culture. 

My wife and I were there to film a three-day run with indigenous people who were opposed to the construction of a water pumping system and 300-mile pipeline that would take water from Eastern Nevada and deliver it to the Las Vegas Valley. This run they called a sacred run. For these spirited and determined runners, it was more of a prayer than a protest. It was a prayer for the water, animals, plants and their own way-of-life threatened by neverending development by the colonizer culture still occupying their ancestral lands. 

On the second day of the run, my wife and I stood on a hilltop with Western Shoshone Elder Johnnie Bobb. He wanted to show us a special place that was along the route of the run. He said it was a sacred place where his people and neighboring tribes would meet and pray. There was evidence that ceremony had taken place at the site previously, with red ribbons tied to tree limbs.

Johnnie Bobb offered prayers and burned sage while we were there. He told us how important these lands were to his people. The bones of their ancestors were buried there since time immemorial. The very land itself was tied to his people. To have them taken away was like having a part of one’s self taken. 

We looked out over the valleys and mountains, pondering the moment. These places are shrinking by the minute. In fact, natural habitats are disappearing in the American West at a rate of one football field in size every 2.5 minutes. That’s an area the size of Los Angeles every year. 

Our species has lived in mostly wild spaces for the better part of 200,000 years. If the time period of our species is a football field, we’ve only lived with agriculture for the last half yard, and industrial civilization for an inch or two. Undeveloped natural lands are in our DNA. The lack of connection with nature for western culture particularly is an obvious explanation for so many of our societal ills.

This Great Basin is among the few precious natural spaces left. We must take a stand now and say enough is enough. We can’t continue to exponentially build and grow until all of these places are consumed and gone forever. We can’t stand by any longer hoping someone else will put a stop to this. If not now, then when? If not us, then who?

As the great photographer Ansel Adams once said, “It is horrifying that we have to fight our own Government to save the environment.” Yet this is exactly what we must do. We must not tolerate any longer the destruction of these ancestral homelands, the homes of plant and animal species, and the land we need for the Earth to heal. We must fight.

Overview

 
90 percent of our public lands are available to oil and gas drillers while only 10 percent are available for a focus on conservation and other values including recreation and wilderness (https://www.wilderness.org/articles/article/open-business-and-not-much-else-analysis-shows-oil-and-gas-leasing-out-whack-blm-lands). So it’s no surprise that over the next 5 months, the BLM Ely district is offering up an area the size of Delaware to oil and gas companies. Their stated mission “to sustain the health, diversity, and productivity of America’s public lands for the use and enjoyment of present and future generations” is just a platitude. It’s mostly there to preserve potential profits for corporations.
Opening up these areas to fracking seems particularly ill-conceived, considering its a desert, water is already scarce, and they will be threatening the ground water, aquifers and water ways that feed our drinking supplies and feed plant and wildlife. Many of these parcels have watersheds that feed into Lake Mead, the primary drinking water for Las Vegas.
This is all part of taken lands that many indigenous people who still live on or near, and hold sacred. One of the areas we went to with Johnnie Bobb, the Wester Shoshone elder, where he did a blessing, was on a parcel up for sale.
Should these lands be explored for oil, there will be roads and other development necessary that will disrupt that natural habitat of flora and fauna of the Great Basin and Mojave, areas where the Joshua Tree and the desert tortoise are endangered. 

Total Acres

The acreage for the March and February lease sale is 355,195 acres. The November lease sale is a total of 273 parcels encompassing 574,075 acres. The December lease sale is a total of 451 parcels encompassing 777,197.

Map of the parcels for sale

Overview and Petition

This page has an overview of the issues. They tend to focus on the outdoor recreation economy and the attractive parks. But there is mention of the habitat threatened as well.

Rally on November 12th

Yakama Nation calls for removal of Columbia River dams

Yakama Nation calls for removal of Columbia River dams

Editors note: The Columbia River has been turned into a slave of civilization, forced to provide hydroelectricity, barge transport, and irrigation water to cities and big agribusiness. It is shackled in concrete and dying from  dams, from overfishing, from toxins, from nuclear waste, from acoustic barrages and armored shorelines and logging and endless  atrocities.

We at Deep Green Resistance do not believe that the federal government will accede to demands such as these. Furthermore, there are thousands of dams currently under construction or proposed worldwide. There are millions of dams in the “United States.” The salmon, the Orca whales—they have no time to waste. Everything is heading in the wrong direction. Therefore, we call for a militant resistance movement around the world to complement aboveground resistance movements and to dismantle industrial infrastructure.

Featured image: The Columbia River is constrained by Bonneville Dam, and bracketed by clearcuts, highways, and utility corridors. Public domain.


Confederated Tribes and Bands of the Yakama Nation

On Indigenous Peoples’ Day, October 14, 2019, the Yakama Nation and Lummi Nation hosted a press conference urging the removal of the lower Columbia River dams as part of a broader call for federal repudiation of the offensive doctrine of Christian discovery, which the United States uses to justify federal actions that impair the rights of Native Nations. The press conference took place this morning at Celilo Park near Celilo Village, Oregon.

“The false religious doctrine of Christian discovery was used by the United States to perpetuate crimes of genocide and forced displacement against Native Peoples. The Columbia River dams were built on this false legal foundation, and decimated the Yakama Nation’s fisheries, traditional foods, and cultural sites,” said Yakama Nation Tribal Council Chairman JoDe Goudy. “On behalf of the Yakama Nation and those things that cannot speak for themselves, I call on the United States to reject the doctrine of Christian discovery and immediately remove the Bonneville Dam, Dalles Dam, and John Day Dam.”

The doctrine of Christian discovery is the fiction that when Christian European monarchs obtained what was for them new knowledge of the Western Hemisphere, those monarchs had a religious right of domination over all non-Christian lands. This doctrine was propagated by the Roman Catholic Church through a series of papal bulls in the 15th century, including a papal bull authorizing Portugal to “invade, search out, capture, vanquish, and subdue all Saracens and pagans” and to place them into perpetual slavery and take their property. The Roman Catholic Church then implemented a framework where the right to subjugate the Americas was split between Spain and Portugal, although they were later joined by other European states. The doctrine was therefore one of domination and dehumanization of Native Peoples, and was used to perpetuate the most widespread genocide in human history.

In 1823, the United States Supreme Court used the doctrine of Christian discovery as the legal basis for the United States’ exercise of authority over Native lands and Peoples. See Johnson v. M’Intosh, 21 U.S. 543 (1823). The Court found that the United States holds clear title to all Native lands subject only to the Native Nation’s right of occupancy, which the United States can terminate through purchase or conquest. In relying on the doctrine of Christian discovery, the Court described it as “the principle that discovery gave title to the government . . . against all other European governments, which title might be consummated by possession.” Id. at 573. The Court used this religious doctrine of domination and dehumanization to unilaterally deprive Native Nations of their sovereign rights, racially juxtaposing the rights of “Christian peoples” against those “heathens” and “fierce savages.” Id. at 577, 590.

In the years that followed, this false religious doctrine became the bedrock for what are now considered to be foundational principles of federal Indian law. In United States v. Kagama, 188 U.S. 375 (1886), and Lone Wolf v. Hitchcock, 187 U.S. 553 (1903), the Court announced Congress’ extra-constitutional plenary power over all Indian affairs—the plenary power doctrine — which it justified by pointing to Native Nations’ loss of sovereign, diplomatic, economic, and property rights upon first ‘discovery’ by Europeans. In The Cherokee Tobacco, 78 U.S. 616 (1870), the Court applied the doctrine and held that Congress can unilaterally abrogate Treaty rights with subsequent legislation unless there is an express exemption provided in the Treaty—the last-in- time doctrine. In Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), the Court deprived Native Nations of criminal jurisdiction over non-members based on the statement in M’Intosh that Native Nations’ rights “to complete sovereignty, as independent nations, were necessarily diminished” by European ‘discovery’ — the diminished tribal sovereignty doctrine. These legal doctrines have been weaponized against Native Nations ever since, including by Congress in authorizing construction of the Bonneville Dam, Dalles Dam, and John Day Dam without the Yakama Nation’s free, prior, and informed consent.

The history of the lower Columbia River dams can be traced back to 1792, when United States Merchant Robert Gray sailed up our N’chi’Wana (Columbia River) and claimed the territory for the United States. Mr. Gray entered our lands and performed a religious doctrine of discovery ceremony by raising an American flag and burying coins beneath the soil, thereby proclaiming dominion over our lands and our families without our knowledge or consent. Following the War of 1812, the United States and England falsely claimed joint authority over what became known as the Oregon Territory until 1846, when England relinquished its claim south of the 49th parallel. Having eliminated British opposition, Congress passed the Oregon Territorial Act of 1848 and the Washington Territorial Act of 1853. Both Territorial Acts reserve the United States’ claim to the sole right to treat with Native Nations, thereby maintaining the federal government’s doctrine of Christian discovery-based claims.

At the Walla Walla Treaty Council in May and June of 1855, the Yakama Nation’s ancestors met with United States representatives to negotiate the Treaty with the Yakamas of June 9, 1855. Article III, paragraph 2 of the Treaty reserves the Yakama Nation’s “right of taking fish at all usual and accustomed places . . .” including many places throughout the Columbia River basin. At no point during these negotiations did the United States express a claimed right of dominion over the Yakama Nation’s traditional lands that would allow the United States to unilaterally ignore the Treaty. Territorial Governor Isaac I. Stevens did not explain that the United States would dam the rivers and violate the Yakama Nation’s Treaty-reserved fishing rights without the Yakama Nation’s free, prior, and informed consent.

What followed was a 100-year conquest of the Columbia River by the United States. First, the United States Supreme Court paved the way by affirming federal regulatory authority over navigable waterways like the Columbia River in Gilman v. Philadelphia, 70 U.S. 713 (1866), and Congress’ extra-constitutional plenary authority over Indian affairs in United States v. Kagama, 188 U.S. 375 (1886). Congress then exercised this supposed authority by passing a series of legislative acts without the Yakama Nation’s consent, including Rivers and Harbors Acts, Right of Way Acts, the General Dams Act, the Federal Water Power Act, and the Bonneville Project Act, all of which facilitated construction of the lower Columbia River dams without regard for the Yakama Nation’s Treaty-reserved rights.

During the Depression, Congress passed the National Industrial Recovery Act authorizing President Franklin D. Roosevelt to approve public works projects like the Bonneville Dam. Construction started in 1933, but President Roosevelt’s approval of the project was quickly deemed unconstitutional in Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935). The authorization was an unconstitutional delegation of legislative authority from Congress to the President. It should have been deemed unconstitutional under the United States Constitution’s Supremacy Clause — which says the Treaty of 1855 is the “supreme law of the land” — because it was inconsistent with the rights reserved to the Yakama Nation by Treaty. Any argument to the contrary is an argument that Congress has plenary power over Indian affairs rooted in the false religious doctrine of Christian discovery.

Congress quickly re-approved the Bonneville Dam’s construction, which was completed in 1938. The Dalles Dam was built from 1952 to 1957, and the John Day Dam was built from 1968 to 1972. The Yakama Nation, as co-equal sovereign and signatory to the Treaty of 1855, never approved the construction of these dams. They inundated the villages, burial grounds, fishing places, and ceremonial sites that we used since time immemorial. Celilo Falls was the trading hub for Native Peoples throughout the northwest. The United States detonated it with explosives and drowned it with the Dalles Dam. After the Dalles Dam’s construction had already started, the United States negotiated an insignificant settlement with the Yakama Nation for the damage caused by the Dam. This was domination and coercion, not consent.

Today, the lower Columbia River dams stand as physical monuments to the domination and dehumanization that the United States continues to impose on Native Nations under the false religious doctrine of Christian discovery. “Columbus Day is a federal holiday celebrating the Christian-European invasion of our lands under the colonial doctrine of Christian discovery. Today, the Yakama Nation rejects that narrative by celebrating Indigenous Peoples’ Day and calling on the United States to remove the lower Columbia River dams that were built without our consent using the same false religious doctrine,” said Chairman Goudy.

BREAKING: DAPL Eco-Saboteurs Jessica Reznicek and Ruby Montoya Have Been Arrested and Charged in Federal Court

BREAKING: DAPL Eco-Saboteurs Jessica Reznicek and Ruby Montoya Have Been Arrested and Charged in Federal Court

Dakota Access Pipeline (DAPL) eco-saboteurs Jessica Reznicek and Ruby Montoya have been arrested and charged with multiple felonies.

They face up to 100 years or more in prison. Their next hearing is currently scheduled for December 2, 2019, before U.S. District Court Judge Rebecca Goodgame Ebinger in Des Moines, Iowa.

Statement of Support from Deep Green Resistance

Deep Green Resistance officially stands in solidarity and full support of the actions taken by Jessica and Ruby.

We expect they will find no justice in the colonial courts of an imperialist state, in a city founded as a military fort to oversee the destruction of local indigenous inhabitants and facilitate the settler-colonial invasion project, but the struggle does not end with incarceration. Revolution is bigger than any individual, and we struggle in solidarity with comrades locked in cages.

In an era of mass extinction, climate chaos, and ecological collapse, an era in which mainstream environmentalism has failed to even partially reverse these problems, militant action against industrial infrastructure such as pipelines is, without any question, justified.

In fact, militant resistance is a moral and physical obligation—a matter of planetary self-defense.

How to Support Jessica and Ruby

We invite you to join us in pledging our full support to their legal defense and to work in solidarity outside the courtroom. We are currently gathering more information about their legal situation. Pending information, we are now taking donations  for their legal defense and expenses.

To donate, click here and follow the instructions. Be sure to earmark your donation (using the “comment” field or memo of a check, etc.) for Jessica and Ruby legal defense.

For more updates on this case, visit this site regularly, or subscribe.

Their Actions: Eco-Sabotage Against the Dakota Access Pipeline

Between July 2016 and May 2017, Jessica and Ruby are believed to have committed at least 10 acts of eco-sabotage against the Dakota Access Pipeline (DAPL) using oxy-acetylene torches and improved incendiaries.

These attacks delayed pipeline construction by several months. In terms of material effectiveness vs. resources invested, their ecosabotage was roughly 1000 times as efficient as the aboveground fight at Standing Rock.

We say this not to disparage aboveground resistance, but to highlight the efficacy of militant underground struggle. Two people with a tiny budget were highly effective at fighting this project

Comparison of material effectiveness and efficiency of various pipeline resistance techniques. Image via “Pipeline Activism and Principles of Strategy.” Click the image for the source.

Interview with Jessica and Ruby

In July 2017, two days after Jessica and Ruby publicly admitted to carrying out the eco-sabotage campaign, Deep Green Resistance interviewed the two women. You can listen to that interview here:

 

The Charges They Are Facing

Press release from the U.S. Department of [In]Justice, Southern District of Iowa:

Wednesday, October 2nd, 2019

DES MOINES, Iowa – On September 19, 2019, a federal grand jury returned an Indictment charging defendants, Jessica Rae Reznicek and Ruby Katherine Montoya, with one count of conspiracy to damage an energy facility, four counts of use of fire in the commission of a felony, and four counts of malicious use of fire, announced United States Attorney Marc Krickbaum. Montoya was recently arrested in the District of Arizona and detained pending court proceedings to determine her appearance in the Southern District of Iowa. Reznicek appeared in Des Moines on October 1, 2019 and was conditionally released pending trial. Trial is currently scheduled for December 2, 2019, before United States District Court Judge Rebecca Goodgame Ebinger.

According to Count 1 of the Indictment, from at least as early as 2016 and continuing in 2017, in the Southern District of Iowa and elsewhere, Reznicek and Montoya conspired to knowingly and willfully damage and attempt to damage the property of an energy facility involved in the transmission and distribution of fuel, or another form or source of energy, in an amount exceeding or which would have exceeded $100,000, and to cause a significant interruption and impairment of a function of an energy facility.

Counts 2 through 9 of the Indictment allege specific instances of damage or attempts to damage portions of the Dakota Access Pipeline in the Southern District of Iowa by Reznicek and Montoya on various dates in 2017.

The public is reminded that an Indictment is merely an accusation, and the defendants are presumed innocent unless they are proven guilty.

If they are convicted of Count 1, conspiracy to damage an energy facility, Reznicek and Montoya face up to 20 years imprisonment, not more than a $250,000 fine, or both such fine and imprisonment.

If they are convicted of Counts 2, 4, 6 and/or 8, use of fire in the commission of a felony, Reznicek and Montoya face a mandatory minimum 10 years imprisonment to be served consecutive to the sentence imposed on Count 1. For each second or subsequent conviction of Counts 2, 4, 6 and/or 8, Reznicek and Montoya face a mandatory minimum 20 years imprisonment to be served consecutive to the sentence imposed on Count 1.

If they are convicted of Counts 3, 5, 7 and/or 9, malicious use of fire, Reznicek and Montoya face a mandatory minimum 5 years imprisonment and a maximum of 20 years imprisonment, not more than a $250,000 fine, or both such fine and
imprisonment.

The investigation is being conducted by the Federal Bureau of Investigation, and is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.

Featured image: Tony Webster, Creative Commons Attribution-Share Alike 4.0 International 

Indigenous Leader: “We’re fighting NOT to have roads or electricity.”

Indigenous Leader: “We’re fighting NOT to have roads or electricity.”

Editors note: in her book Solar Storms, the Chickasaw writer Linda  Hogan describes the changes that come with electrification of a rural indigenous community:

In a split second, the world changed. Even the migratory animals, who flew or swam by light, grew confused… once seen, it could  easily have become a need or desire.

With the coming of this light, dark windowless corners inside human dwellings now showed a need for cleaning or paint. Floors fell open to scrutiny. Men and women scrubbed places that had always before been in shadow. Standing before mirrors, people looked at themselves as if for the first time, and were disappointed at the lines of age, the marks and scars they’d never noticed or seen clearly before. I, too, saw myself in the light, my scars speaking again their language of wounds. But it seemed the most impressive to those who had not long ago used caribou fat or fish oil to fuel their lamps…

…those who wanted to conquer the land, the water, the rivers that kept running away from them. It was their desire to guide the waters, narrow them down into the thin black electrical wires that traversed the world. They wanted to control water, the rise and fall of it, the direction of its ancient life. They wanted its power…

One smart village of Crees to the east of us rejected electricity. They wanted to keep bodies and souls whole, they said. Some of the Inuits said if they had electricity then they’d have indoor toilets and then the warm buildings would thaw the frozen world, the ground of permafrost, and everything would fall into it. They saw, ahead of time, what would happen, that their children would weaken and lose heart, that the people would find no reason to live.”

Many people, even leftists, still assume that so-called “development” is a positive thing. We at Deep Green Resistance, and many indigenous people and critics of modernity, disagree. Civilization and development are destroying the planet and impoverishing human culture. The costs of development far, far outweigh the benefits.

“UNITED NATIONS (AP) — To hear Ati Quigua tell it, New York City is a place where people who don’t know each other live stacked inside big buildings, gorging on the “foods of violence,” and where no one can any longer feel the Earth’s beating heart.

Quigua, an indigenous leader whose village in Colombia sits on an isolated mountain range rising 18,700 feet (5,700 meters) before plunging into the sea, is just one of over 1,000 delegates in town for the 15th Session of the United Nations Permanent Forum on Indigenous Issues that ends Friday.

“On top of the temples of the goddess and Mother Earth, they are building castles, they are building cities and building churches, but our mother has the capacity to regenerate,” Quigua said. “We are fighting not to have roads or electricity — this vision of self-destruction that’s called development is what we’re trying to avoid.”

Read the full article on the Associated Press website.

Image by atiquigua, CC BY 4.0

Resistance Profile: Movement for the Emancipation for the Niger Delta (MEND)

Resistance Profile: Movement for the Emancipation for the Niger Delta (MEND)

Editors note: this material is excerpted from a Deep Green Resistance  database called “Resistance Profiles,” which explores various movements, their strategies and tactics, and their effectiveness. Image credit: public domain.

Movement for the Emancipation for the Niger Delta (MEND)

  • Active: 2005 – 2013
  • Location: Nigeria
  • Type: Underground Resistance Movement
  • Success: Medium

Goal

Majority or total control of oil production/revenues in the Niger Delta (for the Ogoni people) and withdrawal of the Nigerian military from the Niger Delta.

Strategy

Totally destroy the capacity of the Nigerian government to export oil in the Niger Delta, force the multinational oil companies to discontinue operations, and likely precipitate a nationwide budgetary and economic crisis.

Tactics

  • sabotage of oil infrastructure
  • bombing near military, government or oil industry infrastructure or buildings
  • theft
  • guerrilla warfare
  • kidnapping of foreign oil workers for ransom (MEND has a very good record of returning them unharmed)

MEND uses speed boats in swarm-based maneuvers to quickly attack targets in succession. Multiple highly maneuverable, well trained and armed units have kept the government and Shell’s defensive systems off-balance defending their sprawling networks (1,000 oil wells, 6,000 km of pipeline over 70,000 square miles).

Very effective use of system disruption: targets have been systematically and accurately selected to completely shut down production and delay and/or halt repairs.

Organization

MEND, an umbrella organization, has evolved into a conglomeration of distinct militant groups with constantly shifting alliances and loyalties. Command and control is believed to be hierarchical. Leaders are frequently deposed or replaced by rivals, due to internal conflicts over proceeds from criminal and political activities, and due to Ijaw tradition of choosing tribal leaders on a rotational basis

Above/Underground

Underground cells with a few spokesmen that communicate with the international media

Security

Leaders are always on the move and extremely cautious. They do not take telephone calls personally, knowing that soldiers hunting for them have electronic devices capable of pinpointing mobile phone signals. During raids, fighters wear masks to protect their identity. All communication with the media is conducted using aliases. MEND does not reveal identities of its rank and file and conducts all recruiting clandestinely. The fluid and contradictory organization structure may or may not be by design but is very effective at obscuring the leadership and increasing the operational security of key individuals

Recruitment

Draws its fighters from communities across the delta: ethnic militias in the west and from cults (criminal gangs) in the east

Effectiveness

Has not yet achieved its goal, but its strategy and tactics have been effective, resulting in a cut of more than 28 percent of Nigeria’s oil output from 2006 to 2009. In August 2009, the government offered a 60 day amnesty: militants who handed in their weapons were pardoned for their crimes, given job training and were paid US $410 per month until they found work. But the ceasefire and amnesty ended in December when MEND attacked a Shell/Chevron pipeline amidst questions about President Yar’ Adua’s health and impatience with the slow pace of job growth.

Further learning

Articles