Editor’s Note: In the following piece, Mankh talks about the detachment of technology from the natural world and urges people on the need to be in touch with nature. The promise of these gadgets is freedom but the reality is they’re tyranny. It is good to know that everything that corporations tell you is a lie. Believe the results of their actions and not what they say. Their only goal is to make a profit. We thank the author for offering this piece to us.
“But I’ll know my song well before I start singin’.”
~ Bob Dylan, from “A Hard Rain’s A-Gonna Fall”
The deception of technology is that its easy accessibility belies both the violence of production and the lack of consciousness of spirit or what East Asians refer to as “chi/qi – vital energy.”
The rapid reach to a global audience via gadgetry has created a plethora of productions – from podcasts to social media platforms – affording anyone with access the ability to project their opinions and viewpoints. This has its democratic positives and is helping to fill the rotten-toothed gaps of corporate media. Yet the instant gratification of social media gadgetry has dulled the respect for deep preparation, maturity, ripening on the vine, and right-wise timing. To my knowledge, East Asian and Indigenous Peoples show the most respect to elder generations.
To follow the epigraph metaphor, “songs” have become a fastfood buffet of opinions and unchecked or manipulated facts. The darker side of the coin is the outright squelching and censoring by the powerless that don’t know how to be, thus they incessantly spew new bits of information into the media/social-media sphere, to which the populace then reacts, re-spewing their karaoke of opinions. This ongoing ping-pong of songs perpetuates a binary of yays/nays, likes/dislikes, you’re right/you’re wrong — all of which is leading to a demise of nuance, and an increase of divisiveness.
The fear is that if you miss a minute, you’ll be out of touch and not up to date with the most current info. You’ll lose the argument, and, as with the Pavlovian repetitiveness of advertising, jeopardize your career.
This is the prevailing hyperactive, narrow-minded wind I notice, as the masses of would-be stars, bombastic pundits, and plastic shaman jockey for position of likes, hits, comments, applause, boos, and OMG will you marry me?! It’s a seemingly endless open mic karaoke, where only a few songs get covered by almost everybody.
Needles in a haystack
At its finest, the gadgetry landscape provides a global community bulletin board. Yet the gadgetscape is detached from land, and, as with all colonial capitalist-based products, the consumers become detached from the violence toward earth, rivers, songbirds, bees, front-line minorities and minors. Two recent books I’ve read give ample examples: Cobalt Red: How the Blood of the Congo Powers Our Lives and The Rare Metals War: The Dark Side of Clean Energy and Digital Technologies; the gists are: pollution and destruction of natural habitats along with the beings that live there, and too-often slave/torture labor, sometimes ending in death.
Add to that a most recent hotspot in Nevada, Thacker Pass (Peehee Mu’huh), where Lithium Americas Corp. has already destroyed sacred Paiute and Shoshone lands and habitat in an effort to landgrab lithium for electric vehicle batteries for GM. The Natives have recently put up a tipi on the dirt road (created by Lithium Americas Corp.), blocking truck access. What’s happening could be a watershed moment, as other such mining projects are on the charts. And by the way, an immense amount of water is needed to produce the lithium in a drought-ridden area, for faux clean energy. See Protect Thacker Pass & Ox Sam Camp for more:
My daily research efforts to combat the monsters involves a list of news sites, Twitter and FaceBook posts, along with intuitively following the trails of mentions of phrases, people, organizations and such like from which I find needles of truth in a haystack of propaganda (though some would argue whether they are “truths”). And with even a few minutes of research, one can sometimes find out what corporation owns what corporation owns the opinions of what people. Don’t just follow the money, ask to speak to the manager, no, too much hold-time; instead, websearch to find who the head honchos are, for example, website pages “about” “who we are” and Wikipedia business listings.
Once more, with feeling!
At the interpersonal and psychological levels of behavior, except for emoji hearts and faces, exclamation points, ALL CAPS, and select videos/podcasts/radio shows, the use of gadgetry lacks consciousness of spirit, chi/ki, or more colloquially, feelings! En masse, we have been conditioned into becoming one-click shoppers and button-pushers who then overreact if our buttons are pushed, if our opinions are challenged or we didn’t get exactly what we privilege entitlement wanted.
In his 1956 book, The Rape of the Mind: The Psychology of Thought Control, Menticide, and Brainwashing, Joost A. M. Meerloo, M.D. wrote:
“Increasingly the population has been seduced by the idea of remote control. The arsenal of buttons and gadgets leads us into the magic dream world of omnipotent power. Our technical civilization gives us greater ease, but it is challenge and uneasiness that make for character and strength.”
Where’s the originality? The tried and true? The tried and true originality? Why the incessant need to have a message? Why the need for constant approval? In the documentary film The Social Dilemma, the gadgetry, especially cell-phone, is referred to as a “digital pacifier.” To avoid feelings of loneliness, discomfort and anxiety, people, especially younger generations, have been programmed to reach for the hardware. The difference between today and the TV of my generation is that the gadgets are interactive and beckoning for your attention, even when OFF. A quote from the film: “There are only two industries that call their customers ‘users’: illegal drugs and software.”
How many times a day do you reach for the gadgetry?
How many times a day do you gaze at the leaves of a plant, the sky, look within?
In my experience, the art of preparation, maturity, and right-wise timing is nurtured by quiet, by listening, being open to receive, careful study, finding reliable sources (ay, there’s the rub), staying vigilant, learning from mistakes, and being content with off the radar successes.
Heartsongs
In his brief almost 14 years, Mattie Stepanek was conscious of what he called his “heartsong” and that everyone has one. “Stepanek suffered from a rare disorder, dystautonomic mitochondrial myopathy” and, sadly, passed away at age 13. He “published seven best-selling books of poetry and peace essays.” (Wikipedia)
While the ripening vine mode is a steady, guiding and reliable energy source, an openness to the immediacy of the present with all its potential and timeless heartspace can intermittently override the evolutionary progression model.
Actually, both modes intertwine. Haiku master Matsuo Bashô expressed it neatly:
at the old pond–
a frog jumps in
sound of water
While maintaining the day-to-day well-being of and caring for the pond (protecting sacred waters and/or your sacred space), be calm, alert and ready for a frog jump and subsequent splash! It could be fun, it could be traumatic, or in- between. Ah, the Mystery.
By aligning our heartsongs and rhythms with the pulses of Earth, the cycles of the seasons, the wheeling of the stars, and those we hold dear, we have a better chance to thwart the untimely knee-jerk behavior of those who seek to destroy the inherent ebbs and flows by enforcing a perpetual boom-time based on violence and numbing distractions. The folly of their efforts and perhaps your participation as consumer is obvious. Yet to hasten the demise of such folly, I suggest that each person must muster the vital energies, know the song, and start singin’!
Editor’s Note: With the inevitability of peak oil, many have welcomed nuclear as an alternate source of energy. Countless “accidents” over the past few decades (Chernobyl and Fukushima being the most prominent) have warned us of the risks associated with nuclear. Not only that, business as usual (without “accidents”) for nuclear does not bode well for public health either. The following is a press release by Radiation and Public Health Project. It highlights the key points of recent health research near NFS nuclear plant in Unicoi County, Tennessee. The press release is followed by a Deep Green Book Club discussion on a film about nuclear waste.
Contact Person
Joseph J. Mangano, MPH, MBA, Executive Director
716 Simpson Avenue, Ocean City NJ 08226 odiejoe@aol.com www.radiation.org
484-948-7965
FIRST IN-DEPTH HEALTH REPORT NEAR NFS NUCLEAR PLANT FINDS DRAMATIC RISES IN UNICOI COUNTY TN DEATH RATES
Since the 1990s, Unicoi County death rates for cancers and other causes increased dramatically, according to a new report released today.
Prior to the late 1990s, Unicoi County death rates were about equal to the U.S. But by the most recent period available (2019-2020), the county rate exceeded the national rate by the largest proportion in the past half-century, specifically:
44% higher for all-cause mortality
61% higher for premature mortality (age 0-74)
39% higher for all-cancer mortality
The report states that the release of radioactive chemicals into the environment by the Nuclear Fuel Services (NFS) plant may play a large role in the local health decline. “No other risk factor, such as access to health care, personal health practices, or poverty appears to have changed much,” says report author Joseph Mangano of the Radiation and Public Health Project.
“As an Erwin native, I am happy to join with Trudy Wallack and Linda Modica as a contributor to important information regarding the health of the people in my hometown and the surrounding areas” says Barbara O’Neal, co-founder of Erwin Citizens Awareness Network (ECAN), which commissioned the study.
The NFS plant is situated in Erwin, in Unicoi County. Since its 1959 startup, the plant has generated enriched uranium fuels for naval reactors and nuclear power plants. NFS releases a portion of this uranium and other radioactive elements into local air and water.
Prior to this report, no in-depth attempt has been made to analyze health status near NFS. The only national study of cancer near U.S. nuclear plants was conducted by the National Cancer Institute in 1990; that study did not include NFS.
The report also identified a growing county-national gap in death rates for infants and children. In the most recent period analyzed, the death rate for Unicoi County children exceeded the national rate by nearly 40%.
ECAN co-founder Trudy Wallack, believes that “as a resident of Greeneville, the protection and safety of the Nolichucky River stands paramount to my community & others. This river serves as the key source for our drinking water as well as family recreation and water sports. It is my hope that my contribution to this study will provide critical information regarding health…to all those who care and are asking questions.”
Editor’s Note: The following is an excerpt from the book Wild Yoga by Rebecca Wildbear. In this excerpt, Rebecca talks about connecting with spirituality, and demonstrates how caring for the nature and other nonhumans is an integral part of it. Learn more about her work at the end of this post.
I walk through the cave’s rocky, wet terrain, placing my hand on a wall to steady myself as my eyes adjust to the dark. Pausing, I hear the soft, dripping echo of dew sliding off rock. It sounds like a heartbeat from within this cool earthen interior. As water trickles over my feet, I remember watching springs emerge from darkness, rising from under the ground to feed streams, lakes, and rivers. I thank these waters for nourishing all life on our planet.
As a guide, I invite others to be nourished by the imaginal waters that spring forth from the depths, releasing visionary potential, expanding consciousness, and revealing other ways to live. Being in our deep imagination while attuning to nature’s wild imagination can enlarge our perception, align us with a deeper intelligence, and remind us of ancient and new potentialities. Grounded in reverence for the living planet, we can listen for what she needs.
Visions and dreams spring forth from the belly of the Earth, as does actual water, to nourish our souls and the world’s soul and keep everything alive. The majority of drinkable water worldwide comes from underground aquifers, now being rapidly drawn down. Rain is unable to replenish the amount being mined. Globally, water use has risen to more than twice the rate of population growth. It is still increasing. Ninety percent of water used by humans is consumed by industry and agriculture. When these waters are overused, lakes, streams, and rivers dry up.
In the Navajo Nation in Arizona, Utah, and New Mexico, a third of houses lack running water; in some towns, the figure is 90 percent. Peabody Energy, a large coal producer and Fortune 500 company, pulled so much water from the Navajo aquifer before closing its mining operation in 2019 that many wells and springs have run dry. And it is not only coal mining that usurps water. Since 1980, lithium mining companies in Chile have made billions consuming so much water that indigenous Atacama villagers were forced to abandon their settlements. For millennia, they had used their scarce water supply carefully. Now, where hundreds of flamingos once lived on beautiful lagoons, the ground is hard and cracked.
The cave womb of the Earth is creative and life-giving but fragile. As we bring awareness to life underneath the surface, we can grieve and offer our tears for the massive losses of groundwater and the poisoning of underground waterways. We can pray for a vision to help us respond to clear-cut forests, plowed prairies, drained wetlands, and the harms of human-only land use, like mining and agriculture. It is hard to bear witness, but we are part of the Earth’s body. We need to feel what is happening and seek and offer help.
Spirit abides in all living things and is inseparable from the natural world. To destroy the Earth is to desecrate God. Prayer is a way of being present and in relationship with everything. We begin to restore balance when we honor the sanctity of life. By listening to dreams, our muses, and nature, we align ourselves with powerful allies and can glean our purpose and understand how to serve the whole. The harm humans are causing the Earth asks us to return to her, listen, and pray for visions that can help us restore balance.
Into the Heart of the World
Opening to the suffering of the Earth carries us into the heart of the world. It is gut-wrenching to see the world around us becoming more damaged. The pain is not something we can deal with and move on. Once we finally grasp the immensity of ecological devastation, it is hard to bear the feelings of depression, rage, anxiety, cynicism, overwhelm, hopelessness, despair, and apathy. The feelings are not ours alone, but what we are sensing from our planet home. Stephen Harrod Buhner wrote it’s “our feeling response to a communication from the heart of Earth” urging us “to re-inhabit our interbeing with the world.” We need to face what is happening and let the feelings speak to us. To listen to their messages and let them alter the course we are on.
Whatever we love and may lose carries us into the world’s heart. When I was twenty-one, I had non-Hodgkins lymphoma and thought I might die. Many people prayed for me. Their good wishes healed me and brought me joy. I was surprised by how well I felt, despite the physical pain. Later, I wondered if their prayers had helped me feel good.
Prayer connects us to the moment and invites us into a cocreative partnership with life. In the yoga asana classes I teach, I invite our movements to be prayer and our bodies to be a doorway to the sacred.
I pray with others in nature, guiding people to let go and listen. To feel their unmet longing to find deeper meaning and purpose, to become whole and live a soul-centered existence. Sometimes the prayers we live can feel intensely tricky. In the cave womb of transformation, visions can emerge, and the dark nights of our souls can pull us toward the holy mystery at the center of our lives.
I am aligned with my soul, and I know others who are too. Yet ecosystems are collapsing under the greed of global capitalism, and more species and lands die each day. Our prayers need to stretch beyond the individual. Soul-making is a collaboration tied to the fate of Earth, asking us to descend into the collective dark night of our planet. To love the natural world is to weep at how humanity harms her. If we open to the tremendous sorrow of our failure to protect oceans, forests, and rivers, this can bring us into the world’s heart, dismembering our sense of self and what we have believed about the world. We can receive visions for the Earth through a collective descent into the underworldly depths. We can let the Earth touch us and listen to what she is saying through feelings engendered in our hearts.
Alicia, a young woman who lives in a yurt in southwestern Colorado, places her forehead and hands on the red soil of the desert. “This isn’t yours,” she cries, fierce and mournful. “This belongs to all of us.” She repeats this phrase over and over, her voice increasing in intensity, her hands slapping the ground.
Sixteen of us sit in circle in the Utah desert, participating in a five-day Prayers in the Dark program. The sky is blue, and the sun is bright. It is late morning, and the desert is silent except for the occasional call of a mourning dove. Today, we are engaged in a ceremony similar to the Truth Mandala practice developed by Buddhist teacher Joanna Macy, expressing our feelings about what is happening to the planet. Mary stands up and opens her mouth in a bloodcurdling scream.
The group is silent, frozen, taking in her scream. It pierces us and the land and is disturbing and relieving as if we had all howled, shrieked, or wailed.
Alex says, “I grew up on the Boundary Waters,” a wilderness area in Minnesota that is part of the Superior National Forest. He talks about canoeing as a child and all the birds he saw. “Trump has granted leases to mining companies,” he points out, referring to a past American president. “The land and water will be poisoned.”
Thomas, from Wyoming, is trembling and in tears. I asked him if he wanted to share his thoughts with the group. He shakes his head no. “I can’t speak,” he says, choking. “It’s too sad.”
I feel my longing for cement, metal, and tin to melt away. For machines that mine the Earth to be dismantled. For rivers to run clear and be full of salmon. Flocks of birds to darken the sky. Ancient trees to cover the land. Oceans to teem with whales, dolphins, and coral. People to stop extracting and start honoring. The Earth to breathe herself alive.
“Close your eyes and root in the Earth,” I suggest to the group. “Imagine you are liquifying in a cocoon or hibernating in a cave. Descend into your despair and listen for what emerges. Ask for visions of how we can respond.”
Our souls are linked to the underground heart of the world. Deeper under the surface of our planet than water is fire. Magma, a hot, semifluid material, can move up to the surface and be ejected as lava. Our feelings are linked to what is happening on our planet. Our fire — our rage — is an active and receptive grief cry. We can speak and listen, surrender and serve, and offer ourselves. We can embody what we receive as responses arise through images, emotions, words, dreams, or sensations. To live and die the visions we are given is a prayer.
Death
An ongoing relationship with death changed my life and kept me close to the Mystery. My scare with cancer did not end once I was in remission. Symptoms I felt when I had cancer — pressure in my chest, a chronic cough, nausea — sometimes returned. I had frequent CAT scans after I recovered, checking to see if it had reappeared. Statistically, the odds of a reoccurrence were high. I worried cancer would return, and I’m incredibly grateful it did not.
Death will claim all of us and those we love one day. It preys on us, bringing us to our knees in humility, inspiring us to pray and listen. Death initiated me into the mysteries, connecting me more deeply with my soul and the sacred. Nature is a place where I’ve always experienced the holy. When I had cancer, I also encountered a divine presence within me. I didn’t know what it was then. Now I understand it as an aspect of my mythic soul.
Our death can feed the spirits if we offer our lives to what matters. According to Martín Prechtel, young people in the Tz’utujil Mayan village where he lived “wrestled with death” during their initiation ceremonies. They tried to court their souls back from death with eloquence. Death was likely to agree to give them their souls only if the initiates committed to “ritually render a percentage of the fruit of [their] art, [their] eloquence, and [their] imagination to the other world.” The Earth and Spirit are fed by how we live and die. I imagine them starving and grieving for people to listen, create beauty, and give back. When we live and die eloquently, our lives and deaths nourish the spirit world, like a grandmother tree nourishes a forest in her life and death.
Guiding on rivers, I sometimes feel close to death. Praying for my life, I am surprised by the images that arise and remind me of what I love and value — the sacred beauty of wild places; quiet moments alone with my body and my muse; being with loved ones, my dog Xander, friends; swimming or rafting; water.
On quests, I guide others to put their lives on the altar if they are emotionally and developmentally ready. Seeking a psychospiritual death is part of their prayer to receive a vision of their deeper purpose. People sometimes encounter their souls on their deathbeds, but they have no time left to live it. Intentionally letting go of the familiar and stepping into a liminal unknown is a kind of death, and visions of soul or other extraordinary or numinous possibilities can come. Some questers seek an initiatory dismemberment, hoping to receive what David Whyte calls
your own truth
at the center of the image
you were born with.
In a meadow in the Colorado high country, twelve people stand at the edge of a portal made of sticks, pine cones, and flowers. A deer peers out from behind a ponderosa pine. Quaking aspens, lupines, and bluebells surround us. Each person reads their prayer before walking across the threshold to fast alone in the wilderness for three days and nights.
Initiation ceremonies like these were common in ancient cultures of indigenous and nature-based peoples, and some still do them. Yet, as Martín Prechtel explained, when an entire culture “refuses to wrestle death with eloquence, then death comes up to the surface to eat us in a literal way, with wars and depression.” Perhaps if modern Western culture supported its people to grow and face death, it would stop consuming all life on the planet.
The dominant culture will not last. Founded on the principles of individualism, capitalism, human supremacy, white supremacy, and colonialism, this mainstream culture is incompatible with the Earth’s living systems. Yet industrial civilization continues on the path of futile addiction to an unsustainable lifestyle, in denial of its impending collapse.
The world will be healthier once the dominant culture ends — animals, plants, water, soil, developing nations, indigenous cultures, and rural people. The sooner it comes to a halt, the more animals, fish, trees, and rivers will remain, and the more likely it is that we will have sustainable food sources for future generations. Waiting for things to unravel may make the crash worse for humans and nonhumans living through it and those who come afterward.
If only the ecological crisis would catalyze radical change that would compel industrial civilization to let go of harming the natural world to keep itself alive. Government and corporate leaders and the systems of power that rule society do not seem willing to put global empire on the ceremonial altar, despite how much harm it causes. The global empire has been going on for a long time without any significant shift. Individuals and communities need to reclaim the power to take the necessary courageous steps to ensure global empire is put on the altar. We can let go of what we don’t believe in and know isn’t working. We can align with what and who truly matters.
Visionary Power
Modern culture has separated us from our land and the instinct to protect it. We reclaim power when we deepen our relationship with the Earth and descend into the heart of our planet to grieve and receive visions for our souls and the world. Visions imbue us with mysterious powers and guide us into greater alignment with nature in ways our minds can’t conceive. Dreams are real. Listening gives us authentic power by which we can change the world, bringing together our visionary and revolutionary natures.
When we let go, we don’t know what is next. We descend into our prerational instincts, listen and attune to our planet home, and invite our visionary selves to guide us. A caterpillar offers her life in the cocoon, not knowing she will metamorphose into a butterfly. We can liquefy in our wild imagination and pray within the dark Earth. Feeling our watery souls and the water flowing under the ground, we can pray for a vision to help us restore forests, birds, oceans, and justice. Yearning for a world where the sacred is blended with all we do, we can partner with the dream of the Earth. Will the universe hear us and respond?
I close my eyes and remember visions — mine and others’ — that have sprung forth from the depths of wild nature and dreamtime. I remember springs I have drunk from in the wild, my lips on a mossy rock, my mouth filling with the sweet flavor and vibrant texture of waters that have long gestated in the dark Earth until they were ready to rise. I lean in and receive the generosity of water, longing for her elixirs to stir visions of ways to halt the human-caused harm and restore and nourish her ecosystems back to life.
A Wild Yoga Practice for Praying within the Dark Earth
Go out at night or find a dark place in nature, be present in your body with all your feelings, and listen, wait, and pray. Find a cave or other wild place where you can sit in darkness. Imagine yourself deep inside the Earth. See if you can sense the place where water arises or feel her heartbeat. Imagine you are gestating in the underground heart of the world. Wait and listen. Notice what you feel and what arises. Ask the Earth what she wants. Explore whatever comes with all of your senses. Write or create art to honor the visions you receive. Let them guide your actions in the world.
About Wild Yoga: A Practice of Initiation, Veneration & Advocacy for the Earth
Wild Yoga invites you to create a personal yoga practice that seamlessly melds health and well-being with spiritual insight, Earth stewardship, and cultural transformation. Wilderness guide and yoga instructor Rebecca Wildbear came to yoga after a life-threatening encounter with cancer in her twenties. Over years of teaching and healing, she devised the unique and user-friendly practice she presents in Wild Yoga. In this book, she guides you in connecting to the natural world and living from your soul while also addressing environmental activism. Whether you are new to yoga or an experienced practitioner, by engaging in this vibrant approach, you’ll discover greater levels of love, purpose, and creativity, along with the active awareness we know our planet deserves.
In this video produced by New World Library, Rebecca Wildbear discusses how Wild Yoga connects us to the Earth. Check out this excerpt from the book, “Playing Your Part in the Symphony,” on the publisher’s website.
Rebecca Wildbear is the author of Wild Yoga:A Practice of Initiation, Veneration & Advocacy for the Earth and the creator of a yoga practice called Wild Yoga, which empowers individuals to tune in to the mysteries that live within the Earth’s community, dreams, and their own wild nature so they may live a life of creative service. She has led Wild Yoga programs since 2007 and guides other nature and soul programs through Animas Valley Institute. Visit her at http://www.rebeccawildbear.com.
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.
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 ODNR, universities, Rolling 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.”
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.
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