Decade Long Gag Order for Speaking Out [Press Release]

Decade Long Gag Order for Speaking Out [Press Release]

Editor’s Note: This press release from CELDF (Community Environmental Legal Defense Fund) describes a gag order put against an activist, Tish O’Dell, for talking about her concerns on the use of an industrial byproduct in her community. The gag order was placed in 2012. Since then, tests have affirmed that not only was the product toxic, it is also high in radioactive elements. Lawsuits by big corporations against activists are one of the tools used to shut down any form of resistance. We have talked about it also in the context of the lawsuit against activists and tribal members involved in protecting Thacker Pass. After a decade during which new research has been conducted, Tish O’Dell has appealed for a termination on the gag order.


FOR IMMEDIATE RELEASE

June 19, 2023

Contact:

Terry Lodge, Attorney CELDF
419-205-7084
tjlodge50@yahoo.com

Tish O’Dell
tish@celdf.org
440-552-6774

OHIO, Cuyahoga County – On Friday, June 16, a motion was filed in the Cuyahoga Court of Common Pleas for relief from judgment for Tish O’Dell to terminate the permanent injunction from a Strategic Lawsuit Against Public Participation (SLAPP) filed against her in March 2012 by Duck Creek Energy which claimed defamation and loss of business profits.

O’Dell had been active at the time, educating both her community, elected leaders and neighbors about the harmful effects of urban oil/gas drilling happening in her community of Broadview Heights and surrounding communities by sending emails, posting information online and attending community meetings. In the process, she had learned of Duck Creek Energy’s road de-icer, AquaSalina, which according to Duck Creek Energy President, Dave Mansbery, was a byproduct of oil/gas drilling. O’Dell’s concern increased upon learning, from test results reported to the Ohio Department of Natural Resources (ODNR), about the high levels of substances like benzene, toluene and ethylbenzene contained within the supposedly harmless de-icer. These substances are known to be carcinogenic. She also continued to conduct more research on ODNR’s website and in other places in order to inform herself and educate others as to what takes place during the drilling process and fracking.

“When I learned that AquaSalina was being used on my community’s streets as well as in neighboring communities, I wanted to inform people about what I had learned,” said O’Dell. “I felt people needed to know what was being spread on the roads that they, their kids, and their pets were walking on. And common sense indicated to me that what is spread on our streets gets into our air and our lawns and goes down street drains to water supplies. I knew the oil/gas industry was powerful, but I also believed in my right and everyone’s right to free speech and the right to question the government and their decisions. I had never heard of a SLAPP lawsuit until there was a knock at my front door and the person asked if I was Tish O’Dell and told me ‘You’ve been served’.”

After a year of court filings, depositions, and much pressure directed against O’Dell’s inclination to go to trial, a settlement was signed in the fall of 2013. Part of the settlement involved granting a permanent injunction, an extraordinary remedy in a defamation case, against O’Dell, prohibiting her from using certain words to describe the product AquaSalina. During this time Mansbery began bottling and selling the product on store shelves in local hardware stores and even at several Lowe’s locations in Ohio. This afforded activists and scientists the opportunity to purchase the product and begin testing it. And in the decade since, there has been much research and testing of the product by the state agency ODNRuniversitiesRolling Stone Magazine and other publications. The tests affirmed that not only was the product chemically toxic, it is also high in radioactive elements, Radium 226 and 228. In October 2021 the Ohio Department of Transportation stopped using AquaSalina in part because of the environmental concerns.

Because these recent test results and scientific research papers didn’t exist in 2012, O’Dell is filing this motion to dissolve the court order so she can again speak freely and warn people about the dangers of this product to both humans and nature. There have been several attempts over the past few years to pass a law at the state level which would make a commodity out of  this drilling byproduct. And with the state opening up leasing of park land for fracking this year, there will be more brine produced.

“SLAPP suits are just another tool used by industry and corporations to silence and intimidate those who speak out against them and their activities,” stated Wyatt Sugrue, Chicago attorney. “The goal is not only to silence journalists, individuals and organizations, but to also make others afraid to speak up. In recent years there have been high profile cases of SLAPP suits against John Oliver and HBO, Mother Jones Magazine and recently Texas Gubernatorial candidate Beto O’Rourke who was served with a SLAPP by the CEO of Energy Transfer Partners, Kelcy Warren.”

As stated in the motion:

The Ohio court system has in essence allowed a limited-purpose public figure, Duck Creek Energy, to immunize itself from public scrutiny, and the court system is acting as the personal police force for the company to stop such scrutiny. 

“What I have learned over the past decade is how our system, controlled by an elite minority, is quashing the people’s constitutional rights. I witnessed this first hand working with so many great people across the state who were also attempting to protect their own communities and nature. They inspired me to do this,” stated O’Dell. “I can’t just tell others to stand up for their rights and what they believe in and to have courage even when it seems scary, and not practice what I preach.”

A recent article by EarthJustice, September 2022, sums it up, “We aspire for the courts to be an institution that upholds the rights of all, however, SLAPP suits are a way for the rich and powerful to abuse the court system and turn it into a tool that silences individuals and organizations. SLAPP suits disguise themselves as legitimate lawsuits, and while most end up being dismissed, their real goal is quashing legitimate dissent and protest in the process. Protesting is one of the cornerstones of our democracy, a right so important in the early days of our country that it is explicitly included in the first amendment. One thing is clear. Our courts must uphold this right for everyone and cannot become tools for the rich and powerful to abuse power and limit the ability of all of us to seek justice and speak out against issues impacting our communities.”

In the O’Rourke SLAPP, it has been discovered that Warren, the plaintiff, has also made campaign contributions to six of the nine Texas Supreme Court Justices that could ultimately hear the case.

According to CELDF Attorney Terry Lodge, “Ending the gag order on Tish O’Dell is important to our work as an organization. CELDF works with community members and activists throughout the state and country to assert their constitutional and democratic rights to expose harms and stand up for protecting the community and nature. If the wealthy and powerful can file lawsuits to silence their voices, those must always be opposed.”

Photo by Kilian Karger on Unsplash

Lithium Nevada Sues Tribal Members and Activists

Lithium Nevada Sues Tribal Members and Activists

Editor’s Note: In order to deter the tribal members and activists from fighting for Thacker Pass, Lithium Nevada has sued them. Unsurprisingly, as a corporation, they have greater funds to sustain their legal action. We appeal for all who can to support in whatever way you can. The details for financial donations are at the end of the post.


Lithium Nevada Corporation has filed a lawsuit against Protect Thacker Pass and seven people for opposing the Thacker Pass lithium mine.

The lawsuit is similar to what is called a “Strategic Lawsuit Against Public Participation,” or SLAPP suit, aimed at shutting down free speech and protest. The suit aims to ban the prayerful land defenders from the area and force them to pay monetary damages which could total millions of dollars.

“This lawsuit is targeting Native Americans and their allies for a non-violent prayer to protect the 1865 Thacker Pass massacre site,” said Terry Lodge, attorney working with the group. “These people took a moral stand in the form of civil disobedience. They are being unjustly targeted with sweeping charges that have little relationship to the truth, and we will vigorously defend them.”

The lawsuit targets Dean Barlese, respected elder and spiritual leader from the Pyramid Lake Paiute Tribe, Dorece Sam from the Fort McDermitt Paiute-Shoshone Tribe, Bhie-Cie Zahn-Nahtzu (Te-Moak Shoshone and Washoe), Bethany Sam from the Standing Rock Sioux and Kutzadika’a Paiute Tribes, Founding Director of Community Rights US Paul Cienfuegos, and Max Wilbert and Will Falk of Protect Thacker Pass, which is also named in the suit.

They are charged with Civil Conspiracy, Nuisance, Trespass, Tortious Interference with Contractual Relations, Tortious Interference with Prospective Economic Advantage, and Unjust Enrichment.

As part of the lawsuit, Lithium Nevada has been granted a Temporary Restraining Order which restricts the defendants and “any third party acting in concert” with them from interfering with construction, blocking access roads, or even being in the area. The accused parties are not involved in planning further protest activity at the mine site.

Regardless, these allegations are alarming to the Great Basin Native American communities who believe their religious practices are protected by the American Indian Religious Freedom Act of 1978. The lawsuit’s language places fear in the hearts of Native American people who want to pray and visit their ancestors’ gravesites.

The case references instances of non-violent prayer and protest that took place on April 25th, and a prayer camp named after Ox Sam (survivor of the 1865 massacre and ancestor of Dorece Sam and Dean Barlese) which was established at Thacker Pass on May 11th. On June 8th, that camp was raided and dismantled by police. One young indigenous woman was arrested and transported to jail inside a pitch-black box. In the aftermath of the raid, a ceremonial fire was extinguished, sacred objects were put in trash bags, and tipi poles were broken.

The American Indian Religious Freedom Act states that it is “the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religion of the American Indian…including…access to sites.”

Dorece Sam, President of the Native American Church of the State of Nevada:

“I take my grandkids to Peehee Mu’huh to teach them to pray for our unburied ancestors whose remains are scattered there, to collect our holy plants, to hunt and fish, and to collect medicinal herbs. The ancestors who were killed at Thacker Pass have never been given the proper prayers for their spirits. Lithium Nevada is desecrating our unceded lands and our ancestors’ resting places.”

Dean Barlese, respected elder and spiritual leader from the Pyramid Lake Paiute Tribe:

“The Indian wars are continuing in 2023, right here. America and the corporations who control it should have finished off the ethnic genocide, because we’re still here. My great-great-grandfather fought for this land in the Snake War and we will continue to defend the sacred. Lithium Nevada is a greedy corporation telling green lies.”

Bethany Sam:

“Our people couldn’t return to Thacker Pass for fear of being killed in 1865, and now in 2023 we can’t return or we’ll be arrested. Meanwhile, bulldozers are digging our ancestors graves up. This is what Indigenous peoples continue to endure. That’s why I stood in prayer with our elders leading the way.”

Bhie-Cie Zahn-Nahtzu:

“Lithium Nevada is a greedy corporation on the wrong side of history when it comes to environmental racism and desecration of sacred sites. It’s ironic to me that I’m the trespasser because I want to see my ancestral land preserved.”

Paul Cienfuegos:

“Virtually every single accusation against us is a lie, and of course the corporation’s leaders know this. But our actions have scared them, so they are lashing out against classic nonviolent direct-action tactics. And this is yet another prime example of why we need to dismantle the structures of law that grant so many so-called constitutional ‘rights’ to business corporations, like access to the courts.”

Max Wilbert, Protect Thacker Pass:

“Around the world, a land defender is killed every two days. Murdering activists is hard to get away with in the United States, so corporations do this instead. This lawsuit is aimed at destroying the lives of people non-violently defending the land. But we’re not giving up. There are millions of people opposing this mine, and this fight will continue.”

Will Falk:

“I’ve been involved in directly petitioning the courts for two years to enforce tribal rights to consultation without success. Now Paiutes and Shoshones are being sued for peacefully defending the final resting places of their massacred ancestors. Lithium Nevada is just another mining corporation bullying Native Americans once again. This pattern has got to stop.”

Lithium Nevada corporation has been locked in legal battles since 2021, when four environmental groups, a local rancher, and several tribes sued the Federal Government to attempt to overturn the permits for the mine. The suits allege failures of consultation, violation of endangered species law and water laws, and dozens of other infractions. The most recent filing in an ongoing Federal Court case brought by three local tribes was filed on Friday, arguing that Lithium Nevada needs to halt construction while it consults with tribes about the Thacker Pass massacre sites. The 9th Circuit Court of Appeals in California will hear oral arguments in other cases later this month.

The news comes as Lithium Nevada’s parent corporation, Lithium Americas, has been implicated in four alleged human rights violations and environmental crimes related to their lithium mining operation in Cauchari-Oloroz, Argentina.

The defendants are seeking attorneys to join the legal defense team, and monetary donations to their legal defense fund. You can donate via credit or debit card, PayPal (please include a note that your donation is for Thacker Pass legal defense), or by check.

Lithium Nevada

Mainstream Fiction Normalizing Radical Eco-Activism

Mainstream Fiction Normalizing Radical Eco-Activism

Editor’s Note: For the past few decades, the environmental movement has tried lobbying, educating, and holding rallies with the notion of protecting the natural world. This approach has not led to success. Instead of the destruction of the planet being slowed down, it has been progressing (in some cases, accelerating). This inefficacy has forced us to consider other means that might have better results. The deep green environmental movement has always called for use of any means necessary to protect the natural world. The following analysis highlights how more are opening up to the idea.

This story was originally published by Grist. Sign up for Grist’s weekly newsletter here


By Kate Yoder/Grist

It’s hard to think of something more wholesome than gardening. But the New Zealand gardening collective at the heart of Birnam Wood, a new political thriller by the Booker Prize-winning author Eleanor Catton, have a rebellious streak. The guerrilla gardeners trespass on unused land to grow carrots, cabbages, strawberries, and other crops. They tap private spigots and snipe the occasional tool from a shed in a wealthy neighborhood, imagining themselves as environmental revolutionaries.

Bookshelves are beginning to teem with radical environmentalists. In the sci-fi writer Kim Stanley Robinson’s The Ministry for the Future, a group called the Children of Kali target conspicuous “carbon burners,” knocking jets out of the sky and sinking yachts. A purported ecoterrorist also drives the plot of the mystery Hummingbird Salamander by Jeff VanderMeer, sending the main character on a risky mission into the world of wildlife trafficking. Then there’s Stephen Markley’s novel The Deluge, released in January, where a group of climate radicals called 6Degrees tries to avoid detection by the surveillance state as they instigate attacks on oil and gas infrastructure.

That eco-sabotage has captured so many authors’ imaginations seems to reflect a broader frustration with governments’ failure to rein in carbon emissions — a feeling that decades of peaceful protest weren’t enough, and the world is out of options. It has propelled climate fiction, once a niche genre, into the mainstream. Think of The Overstory by Richard Powers, a sweeping novel that follows activists who seek to save trees at all costs, employing human barricades, tree-sitting, and arson. It won the 2019 Pulitzer Prize and generated glowing praise from Bill Gates as well as Barack Obama, who said it “changed how I thought about the Earth and our place in it.”

History suggests that fictional stories about eco-sabotage, sometimes called “monkeywrenching” after Edward Abbey’s book of the same name, could inspire people to try something similar in the real world.`

“The world right now is ripe for radical activism,” said Dana Fisher, a professor of sociology at the University of Maryland. Last week, a report from the U.N. Intergovernmental Panel on Climate Change warned that the risks from climate change — both present and future — were even more severe than previously thought. In the last year alone, heavy rainfall submerged a third of Pakistan with massive floods and China endured a heat wave more intense and longer-lasting than any in recent history. The panel of scientists called for a “substantial reduction” in the use of fossil fuels, with the United Nations Secretary-General António Guterres declaring that the world needed a “quantum leap in climate action.”

Yet earlier this month, the Biden administration approved the Willow project, a ConocoPhillips oil drilling operation that could release up to 260 million metric tons of carbon over its lifetime. For progressive groups in the United States who spent recent years working with the Biden administration to pass the landmark Inflation Reduction Act, the single largest climate package in the country’s history, it felt like a betrayal — one that might lead to a shift in tactics.

“I mean, everybody knows that we are nowhere near where we need to be,” Fisher said. “And so the natural progression is you’re going to see folks, particularly young people, rise up.”

Apocalyptic storylines have long dominated environmental fiction — including Nevil Shute’s On the Beach, Octavia Butler’s Parable of the Sower, and Cormac McCarthy’s The Road — a frame that’s tailor-made to ramp up concern about planetary crises. “I think that a lot of climate fiction has been perhaps stuck in this mold of cautionary tales, of bad climate futures,” said Matthew Schneider-Mayerson, an English professor at Colby College in Maine.

Now reality is doing the work that fiction once did. With a quorum of Americans sufficiently frightened about the world’s trajectory — a full quarter of the population is now “alarmed” about climate change — writers are branching out. Authors are modeling for readers a transition from “apathetic awareness” to “meaningful action” by showing different kinds of political engagement, Schneider-Mayerson said.

That might explain the variety of unconventional activism in recent novels, such as the guerrilla gardeners of Birnam Wood and the utopian commune in Allegra Hyde’s Eleutheria (2022). Hyde’s novel follows a woman who joins a camp of eco-warriors in the Bahamas, after she read a guide to fighting climate change called Living the Solution. “I felt like a lot of climate fiction that I was encountering was purely apocalyptic,” Hyde told Grist. “But I wrote this because I wanted to use fiction as a space to imagine other possibilities, imagine utopian possibilities, and maybe open up that imaginative space for people.”

Eleutheria was inspired in part by The Great Derangement, a nonfiction book by the Indian author Amitav Ghosh published in 2016 that bemoaned the lack of serious literature about climate change, especially outside of science fiction, at the time. “I think it is a real call to arms to fiction writers to recognize how storytelling can and does shape how we live our lives in the real world,” Hyde said.

Another inflection point for climate fiction was the widespread popularity of The Overstory, the 512-page novel that brought attention to the ways trees communicate and wound up as a global bestseller. “It wasn’t hived off into the usual silos of climate change or speculative fiction, but was treated as a mainstream novel,” Ghosh told the Guardian in 2020, noting that he’s seen an “outpouring of work in this area” since the book’s publication.

Monkeywrenching is also spilling over into film. The movie How to Blow Up a Pipeline, coming out next month, is inspired by the Swedish writer Andreas Malm’s book of the same name, a manifesto that encourages sabotage and critiques the pacifism of the climate movement. The film adaption takes that idea and turns it into a work of fiction, following a group of disillusioned young people on a heist to sabotage an oil pipeline. The trailer shows them making bombs and features dramatic background music punctuated by klaxons. “They will defame us and claim this was violence or vandalism,” one activist says. “But this was justified.”

Previous films have tended to “pathologize” activists who destroy property, psychoanalyzing them to figure out what was wrong with them, Schneider-Mayerson said. “I think maybe there’s a sense that, like, you can kind of touch these topics, but you can never endorse it.” On the other hand, How to Blow Up a Pipeline ends with “a wink and a nudge,” according to an early review of the film. “You can almost hear the movie say that the sabotage doesn’t need to stop when the credits roll,” Edward Ongweso Jr wrote in Vice.

The idea that people might take a cue from the movie isn’t far-fetched, experts say. “I can just say for sure that there are a whole bunch of dissatisfied young people around the country,” said Fisher, the sociologist. “And if they start watching movies about blowing up pipelines, what will that do?”

Photo by Krists Luhaers on Unsplash

Ox Sam Camp Raided, Land Defenders Arrested

Ox Sam Camp Raided, Land Defenders Arrested

Editor’s Note: The following are two press releases by Ox Sam Camp. As communities get more radical against corporations, corporations use their power against them. This is not the first time that this has happened and it will not be the last. As activists, it is necessary for us to understand the risk associated with any action against the system. The earlier we understand this, the better we can strategize.

The article is followed by a short reflection piece by Elisabeth Robson on the need for the environmental movement to put our allegiance with the natural world, as is demonstrated in this fight to protect Thacker Pass.


 

Ox Sam Camp Raided by Police at Thacker Pass

One Arrested as Prayer Tipis Are Dismantled and Ceremonial Items Confiscated

6/8/23

Contact: Ox Sam Camp
OxSam.org

THACKER PASS, NV — On Wednesday morning, the Humboldt County Sheriff’s department on behalf of Lithium Nevada Corporation, raided the Ox Sam Newe Momokonee Nokutun (Ox Sam Indigenous Women’s Camp), destroying the two ceremonial tipi lodges, mishandling and confiscating ceremonial instruments and objects, and extinguishing the sacred fire that has been lit since May 11th when the Paiute/Shoshone Grandma-led prayer action began.

One arrest took place on Wednesday at the direction of Lithium Nevada security. During breakfast, law enforcement arrived. Almost immediately without warning, a young Diné female water protector was singled out by Lithium Nevada security and arrested, not given the option to leave the camp. Two non-natives were allowed to “move” in order to avoid arrest. The Diné woman was quickly handcuffed and subsequently loaded into a sheriff’s SUV for transport to Winnemucca for processing.

While on the highway, again without warning or explanation, she was transferred into a windowless, pitch-black holding box in the back of a pickup truck. “I was really scared for my life,” the woman said. “I didn’t know where I was or where I was going. I know that MMIW is a real thing, and I didn’t want to be the next one.” She was transported to Humboldt County Jail, where she was charged with criminal trespass and resisting arrest, then released on bail.

Just hours before the raid, Ox Sam water protectors could be seen for the second time this week bravely standing in the way of large excavation equipment and shutting down construction at the base of Sentinel Rock.

Ox Sam

To many Paiute and Shoshone, Sentinel Rock is a “center of the universe,” integral to many Nevada Tribes’ way of life and ceremony, as well as a site for traditional medicines, tools, and food supply for thousands of years. Thacker Pass is also the site of two massacres of Paiute and Shoshone people. The remains of the massacred ancestors have remained unidentified and unburied since 1865, and are now being bulldozed and crushed by Lithium Nevada for the mineral known as “the new white gold.”

Since May 11th, despite numerous requests by Lithium Nevada workers, the Humboldt County Sheriff Department has been reticent and even unwilling to arrest members of the prayer camp, even after issuing three warnings for blocking Pole Creek Road access to Lithium Nevada workers and sub-contractors, while allowing the public to pass through.

“We absolutely respect your guys’ right to peacefully protest,” explained Humboldt County Sheriff Sean Wilkin on May 12th. “We have zero issues with [the tipi] whatsoever… We respect your right to be out here.”

On March 19th the Sheriff arrived again, serving individual fourteen-day Temporary Protection Orders against several individuals at camp. The protection orders were granted by the Humboldt County Court on behalf of Lithium Nevada based on sworn statements loaded with misrepresentations, false claims, and, according to those targeted, outright false accusations by their employees. Still, Ox Sam Camp continued for another week. The tipis, the sacred fire, and the prayers remained unchallenged for a total of twenty-seven days of ceremony and resistance.

The scene at Thacker Pass this week looked like Standing Rock, Line 3, or Oak Flat. As Lithium Nevada’s workers and heavy equipment tried to bulldoze and trench their way through the ceremonial grounds surrounding the tipi at Sentinel Rock, the water protectors put their bodies in the way of the destruction, forcing work stoppage on two occasions.

Lithium Nevada’s ownership and control of Thacker Pass only exists because of the flawed permitting and questionable administrative approvals issued by the Bureau of Land Management (BLM). BLM officials have refused to acknowledge that Peehee Mu’huh is a sacred site to regional Tribal Nations and have continued to downplay and question the significance of the double massacre through two years of court battles.

Three tribes — the Reno-Sparks Indian Colony, Summit Lake Paiute Tribe, and Burns Paiute Tribe — remain locked in litigation with the Federal Government, challenging the BLM’s permit process from the beginning. The tribes filed their latest response to the BLM’s Motion to Dismiss on Monday. BLM is part of the Department of the Interior, which is led by Deb Haaland (Laguna Pueblo).

On Wednesday, at least five Sheriff’s vehicles, several Lithium Nevada worker vehicles, and two security trucks arrived at the original tipi site that contained the ceremonial fire, immediately adjacent to Pole Creek Road. The one native water protector was arrested without warning, while others were issued with trespass warnings and allowed to leave the area. Once the main camp was secured, law enforcement then moved up to secure and dismantle the tipi site at Sentinel Rock, a mile away.

There is a proper way to take down a tipi and ceremonial camp, and then there is the way Humboldt County Sheriffs proceeded on behalf of Lithium Nevada Corporation. Tipis were knocked down, tipi poles were snapped, and ceremonial objects and instruments were rummaged through, mishandled, and impounded. Empty tents were approached and secured in classic SWAT-raid fashion. One car was towed. As is often the case when lost profits lead to government assaults on peaceful water protectors, Lithium Nevada Corporation and the Humboldt County Sheriffs have begun to claim that the raid was done for the safety of the camp members and for public health.

Josephine Dick (Fort McDermitt Paiute-Shoshone), who is a descendent of Ox Sam and one of the matriarchs of Ox Sam Newe Momokonee Nokutun, made the following statement in response to the raid:

“As Vice Chair of the Native American Indian Church of the State of Nevada, and as a Paiute-Shoshone Tribal Nation elder and member, I am requesting the immediate access to and release of my ceremonial instruments and objects, including my Eagle Feathers and staff which have held the prayers of my ancestors and now those of Ox Sam camp since the beginning. There was also a ceremonial hand drum and medicines such as cedar and tobacco, which are protected by the American Indian Religious Freedom Act.

In addition, my understanding is that Humboldt County Sherriff Department along with Lithium Nevada security desecrated two ceremonial tipi lodges, which include canvasses, poles, and ropes. The Ox Sam Newe Momokonee Nokutun has been conducting prayers and ceremony in these tipis, also protected by the American Indian Religious Freedom Act. When our ceremonial belongings are brought together around the sacred fire, this is our Church. Our Native American Church is a sacred ceremony. I am demanding the immediate access to our prayer site at Peehee Mu’huh and the return of our confiscated ceremonial objects.

The desecration that Humboldt County Sherriffs and Lithium Nevada conducted by knocking the tipis down and rummaging through sacred objects is equivalent to destroying a bible, breaking The Cross, knocking down a cathedral, disrespecting the sacrament, and denying deacons and pastors access to their places of worship. It is in direct violation of my American Indian Religious Freedom rights. This violation of access to our ceremonial church and the ground on which it sits is a violation of Presidential Executive Order 13007.

The location of the tipi lodge that was pushed over and destroyed is at the base of Sentinel Rock, a place our Paiute-Shoshone have been praying since time immemorial. After two years of our people explaining that Peehee Mu’huh is sacred, BLM Winnemucca finally acknowledged that Thacker Pass is a Traditional Cultural District, but they are still allowing it to be destroyed.”

Josephine and others plan to make a statement on live stream outside the Humboldt County Sheriff’s Office in Winnemucca on the afternoon of Friday, June 9th around 1pm.

Another spiritual leader on the front lines has been Dean Barlese from the Pyramid Lake Paiute Tribe. Despite being confined to a wheelchair, Barlese led prayers at the site on April 25th which led to Lithium Nevada shutting down construction for a day, and returned on May 11th to pray over the new sacred fire as Ox Sam camp was established.

“This is not a protest, it’s a prayer,” said Barlese. “But they’re still scared of me. They’re scared of all of us elders, because they know we’re right and they’re wrong.”

Land Defenders Arrested, Camp Raided After Blocking Excavator

First arrests are underway and camp is being raided after land defenders halted an excavator this morning at Thacker Pass.

6/7/23

OROVADA, NV — This morning, a group of Native American water protectors and allies used their bodies to non-violently block construction of the controversial Thacker Pass lithium mine in Nevada, turning back bulldozers and heavy equipment.

The dramatic scene unfolded this morning as workers attempting to dig trenches near Sentinel Rock were turned back by land defenders who ran and put their bodies between heavy equipment and the land.

Now they are being arrested and camp is being raided.

Northern Paiute and Western Shoshone people consider Thacker Pass to be sacred. So when they learned that the area was slated to become the biggest open-pit lithium mine in North America, they filed lawsuits, organized rallies, spoke at regulatory hearings, and organized in the community. But despite all efforts over the last three years, construction of the mine began in March.

That’s what led Native American elders, friends and family, water protectors, and their allies to establish what they call a “prayer camp and ceremonial fire” at Thacker Pass on May 11th, when they setup a tipi at dawn blocking construction of a water pipeline for the mine. A second tipi was erected several days later two miles east, where Lithium Nevada’s construction is defacing Sentinel Rock, one of their most important sacred sites.

Sentinel Rock is integral to many Nevada Tribes’ worldview and ceremony. The area was the site of two massacres of Paiute and Shoshone people. The first was an inter-tribal conflict that gave the area it’s Paiute name: Peehee Mu’huh, or rotten moon. The second was a surprise attack by the US Cavalry on September 12th, 1865, during which the US Army slaughtered dozens. One of the only survivors of the attack was a man named Ox Sam. It is some of Ox Sam’s descendants, the Grandmas, that formed Ox Sam Newe Momokonee Nokotun (Indigenous Women’s Camp) to protect this sacred land for the unborn, to honor and protect the remains of their ancestors, and to conduct ceremonies. Water protectors have been on-site in prayer for nearly a month.

On Monday, Lithium Nevada Corporation also attempted to breach the space occupied by the water protectors. As workers maneuvered trenching equipment into a valley between the two tipis, water protectors approached the attempted work site and peacefully forced workers and their excavator to back up and leave the area. According to one anonymous land defender, Lithium Nevada’s action was “an attempted show of force to fully do away with our tipi and prayer camp around Sentinel Rock.”

Ranchers, recreationists, and members of the public have been allowed to pass without incident and water protectors maintain friendly relationships with locals. Opposition to the mine is widespread in the area, and despite repeated warnings from the local Sheriff, there have been no arrests. Four people, including Dorece Sam Antonio of the Fort McDermitt Paiute-Shoshone Tribe (an Ox sam descendant) and Max Wilbert of Protect Thacker Pass, have been targeted by court orders barring them from the area. They await a court hearing in Humboldt County Justice Court.

“Lithium Nevada is fencing around the sacred site Sentinel Rock to disrupt our access and yesterday was an escalation to justify removal of our peaceful prayer camps,” said one anonymous water protector at Ox Sam Camp. “Lithium Nevada intends to desecrate and bulldoze the remains of the ancestors here. We are calling out to all water protectors, land defenders, attorneys, human rights experts, and representatives of Tribal Nations to come and stand with us.”

“I’m being threatened with arrest for protecting the graves of my ancestors,” says Dorece Sam Antonio. “My great-great Grandfather Ox Sam was one of the survivors of the 1865 Thacker Pass massacre that took place here. His family was killed right here as they ran away from the U.S. Army. They were never buried. They’re still here. And now these bulldozers are tearing up this place.”

Another spiritual leader on the front lines has been Dean Barlese, a spiritual leader from the Pyramid Lake Paiute Tribe. Despite being confined to a wheelchair, Barlese led prayers at the site on April 25th (shutting down construction for a day) and returned on May 11th.

“I’m asking people to come to Peehee Mu’huh,” Barlese said. “We need more prayerful people. I’m here because I have connections to these places. My great-great-great grandfathers fought and shed blood in these lands. We’re defending the sacred. Water is sacred. Without water, there is no life. And one day, you’ll find out you can’t eat money.”

The 1865 Thacker Pass massacre is well documented in historical sources, books, newspapers, and oral histories. Despite the evidence but unsurprisingly, the Federal Government has not protected Thacker Pass or even slowed construction of the mine to allow for consultation to take place with Tribes. In late February, the Federal Government recognized tribal arguments that Thacker Pass is a “Traditional Cultural District” eligible for the National Register of Historic Places. But that didn’t stop construction from commencing.

“This is not a protest, it’s a prayer,” said Barlese. “But they’re still scared of me. They’re scared of all of us elders, because they know we’re right and they’re wrong.”

For more, go to Ox Sam Camp.


Hug Trees Not Pylons

By Elizabeth Robson


In the past couple of weeks both The Economist and Mother Jones have published covers showing people embracing industrial objects and exhorting “environmentalists” to get on board with the green building boom.

The Economist cover shows a man hugging a massive steel electric grid pylon and says “Hug Pylons Not Trees: The Growth Environmentalism Needs.” The Mother Jones cover shows a woman hugging an excavator, and says “Yes in Our Backyards: It’s time for progressives to fall in love with the green building boom.”

The latter is made even worse by the fact that it is Bill McKibben saying this. We expect relentless pro-industry, pro-growth propaganda from The Economist. But Mother Jones? Bill McKibben? McKibben begins his article in Mother Jones, Getting to Yes, by saying “I’m an environmentalist” and then proceeds to spend multiple pages telling us exactly how he is not an environmentalist but rather a pro-technology industrialist. To solve our “biggest problems” he pleads with us to “say yes” to “solar panels, wind turbines, and factories to make batteries and mines to extract lithium.”

Max Wilbert, co-founder of Protect Thacker Pass, climbed on top of an excavator on April 25, 2023 to protest the Thacker Pass Lithium Mine, currently being constructed in northern Nevada by Lithium Nevada Corporation. He was there with about 25 other people including Northern Paiute Native Americans Dorece Sam and Dean Barlese, who spent the day blocking mine construction and saying prayers to this land considered sacred by their people.

In Max’s book, Bright Green Lies, he describes “environmentalists” like McKibben as “bright greens”. These “environmentalists” understand that environmental problems exist and are serious, but believe that green technology and consumerism will allow us to continue our current lifestyles indefinitely. As Max writes: “The bright greens’ attitude amounts to: ‘It’s less about nature, and more about us.’”

In his Mother Jones article, McKibben illustrates how he’s less about nature, and all about us (meaning humans, our technologies, and our lifestyles). “Emergencies demand urgency,” he writes, and what he urges us is not to stop destroying nature, the source of all life on planet Earth, but rather to destroy more of it, by building more industry and mining more, for “electrons… a crop we badly need.”

McKibben acknowledges that “repeating the mistakes of our history” by building “a lithium mine on sacred territory in Nevada” is “truly unforgivable,” but then immediately dismisses the concerns of regional tribes by saying that “if we can’t make a quick energy transition, then the impact of that will be felt most by the poorest.” Does he not understand that for many traditional cultures and traditional spiritual practitioners, everywhere is sacred? Does he not understand that everywhere not already destroyed by industry is home to someone — sage-grouse, pronghorn, endangered spring snails, swallows, endangered trout, old growth sagebrush, and so many more? Apparently he does not, or perhaps he doesn’t care, because his article is all about promoting industry, nature be damned.

“So there’s one general rule you could derive: If something makes climate change worse, then we shouldn’t do it,” McKibben writes. I agree. Does McKibben think the 150,000 tons of CO2 the Thacker Pass lithium mine will emit per year don’t count? Clearly those emissions will make climate change worse. Does he think that the carbon emissions caused by digging up thousands of acres of ancient soil at Thacker Pass don’t count either? And what about the 700,000 tons per year of molten sulfur trucked into Thacker Pass from oil refineries; where will that molten sulfur come from if it doesn’t come from oil refineries, and do those oil refineries and their CO2 emissions not count? If we use McKibben’s rule, then clearly the Thacker Pass lithium mine should not be built, and yet he urges us to support more lithium mining.

McKibben and those pursuing the “electrify everything” agenda promoted by The Economist and Mother Jones are stuck in blinders about climate change. McKibben exposes these blinders when he writes: “slowing down lithium mining likely means extending the years we keep on mining coal.” He believes that this is our choice: lithium mining and batteries and electric vehicles, or coal and CO2 emissions. To him and the “electrify everything” crowd those are the only two options.

But there is another option: we can resist industrial culture and work to end it. We can block construction equipment rather than embracing it. We can dramatically lower our profligate energy use — no matter how it’s powered. We can protect the land and the natural communities, including human communities, that depend on unspoiled land, unpolluted soil, clean air, and clean water. We can be real environmentalists, deep green environmentalists, who understand that we must live within the limits of the natural world, and work to transform ourselves, our culture, our economy and our politics to put the health and well-being of the natural world first.

We can be more like Max and Dorece and Dean and the other activists who stood their ground to protect the land at Thacker Pass. We can block excavators, not hug them. Our very lives depend on it.

Wetlands Rights & How Wealth Rules [Events]

Wetlands Rights & How Wealth Rules [Events]

Editor’s Note: The following events are not organized by DGR. We stand in solidarity with both of these and encourage our readers to get involved in these if possible.


Radical Resilience and Restoration for Wetland Rights

On June 28th CELDF’s Kai Huschke will be presenting at the Society for Wetland Scientists annual conference. Joining Kai on the panel Socio-Ecological Resilience and Adaptation: Implementing Rights of Wetlands will be Senior Ecologist/Natural Climate Solutions Specialist Gillian Davis from BSC Group, Inc. and Tufts University Global Development & Environment Institute, Matthew Simpon, Director from the UK based organization 35percent, and Bill Moomaw, Tufts University Professor Emeritus. The four have been active as part of a global collective working on the community and national levels for the legal rights of wetlands.

The talk is a part of the Society for Wetland Scientists annual conference which will be held from June 27-30, 2023 in Spokane, WA, USA at The Davenport Grand Hotel.

Here are some excerpts from Kai’s talk:

Globally for the last 200 years the prevailing directive governmentally, legally, economically, scientifically, and culturally has been to extract and exploit the natural world for the wants and needs of a single species – humans. Colonization has never stopped; it has merely changed its stripes and patterns of speech but behaviorally it continues to conquer into submission and extinction the life forces of the planet with wetlands receiving a disproportionate amount of abuse.

The emergence of legal rights of nature efforts over the last 20 years in North America and across the globe is a potent force for the cultural shift necessary to actualize living from, in, with, and as nature. Wetlands restoration efforts in the name of rights of wetlands can only occur if there is a restoration of the human species on a massive scale that would allow for the healthy and harmonious balance of living from, in, with, and as nature. Science along with other aspects of the culture must reject colonizing systems of law, economics, governance, and even science itself and develop methods and systems outside the dominant one.


How Wealth Rules: Part III

CELDF’s Ben G. Price has been hosting lively and engaging discussions on his award-winning book, How Wealth Rules the World: Saving Our Communities and Freedoms from the Dictatorship of Property.

Many books have been written about wealth, power and politics in the United States. Most of them make intuitive sense. Wealthy people use their power to influence and control politics. But Ben Price’s new book is often counterintuitive as he explores how wealth itself is imbued with power.

CELDF is making available, a serialization of Ben Price’s book. You can read this award-winning book in free installments of downloadable pdf files and join Ben Price for monthly webinars to discuss the book in the sequence of shared chapters.

You can find earlier webinars: One Right to Rule Them All, The Dark Side of Property and Property is Not an Unalienable Right.

You can register for the next webinar (The Ongoing Counter Revolution) at June 13th from 7:00 – 8:30 PM EDT.

Photo by Sara Cottle on Unsplash