A criminal slips a police officer a handful of bills and walks free. A businessman buys a politician with a briefcase full of cash. We often think of bribery and corruption in these blatant terms, and as something that happens in poor countries, elsewhere.
But corruption often looks different.
In the United States, where I live, corruption is common. It’s also mostly legal.
In fact, dirty money has become part of the political fabric of our nation. It has become normalized, institutionalized, and even regulated. And yet, the effects of this corruption are just as insidious and destructive as blatant payoffs. Corruption is a rot in our political system, and it is spreading.
This article is about American corruption, but the story will be told by looking at one particular Canadian mining company called Lithium Americas, which is working in the United States through a wholly-owned U.S.-based subsidiary, Lithium Nevada Corporation.
For two and a half years, I’ve been fighting Lithium Nevada to stop them from destroying Thacker Pass — a biodiversity hotspot and Native American sacred site known Peehee Mu’huh in the Paiute language that is in northern Nevada, just shy of the Oregon border. Lithium Nevada, as you have probably guessed, wants to turn this place into an open-pit lithium mine.
This is a special place. Thacker Pass is home to dwindling sage-grouse, Pronghorn, mule deer, and golden eagles. It’s a migratory corridor and climate change refuge. It’s the watershed for local communities, and the site of two massacres of Paiute people, including one on September 12, 1865 in which US Army soldiers killed between 30 and 50 men, women, children, and elders in a surprise attack at dawn. It’s been recognized by the Federal Government as a “Traditional Cultural District,” a landscape of outstanding importance to Native American history and cultural identity.
And right now, as you read this, it is being destroyed by a corrupt corporation and a corrupt government. Bulldozers are rolling and centuries-old sagebrush, millennia-old artifacts, and the lives of precious desert creatures are being crushed under metal treads.
How is this possible? How, in a democracy where people have the right to protest, to speak out, to comment, to petition, to file lawsuits, how is it possible to have such a miscarriage of justice? And more broadly, how is it possible that our governmental system is failing to address the ecological catastrophe we are facing: the 6th mass extinction of life on Earth?
Part of the answer is corruption, which we can break down into five categories: lobbying, writing laws, the revolving door, campaign contributions, and community bribery. Let’s look at each in turn, using Lithium Americas and Thacker Pass as an example.
Lobbying: How Corporations Gain Disproportionate Access
Lobbying is based on a simple principle: that government officials should listen to their constituents.
Transparency International defines lobbying as “Any activity carried out to influence a government or institution’s policies and decisions in favor of a specific cause or outcome.”
“Even when allowed by law,” they say, “these acts can become distortive [harmful to democracy and justice] if disproportionate levels of influence exist — by companies, associations, organizations and individuals.”
Today’s lobbying is not the simple practice of people talking to their elected officials. Instead, it’s a tightly regulated $3.73 billion industry dominated by political insiders and major corporations, rife with corrupt “revolving doors,” and matched by at least $3-4 billion in “shadow lobbying” that isn’t regulated or disclosed to the public in any way.
The regulation of lobbying is essential to its proper functioning as a method of corruption. As Ben Price, National Organizing Director at the Community Environmental Legal Defense Fund, puts it, “regulation is not so much a way to curb corruption, but more to the point, regulations legalize the corruption by defining the limits to it that will be disallowed.”
“In doing so,” he continues, “the principle effect of regulations is to shield bribery from legal liability by legalizing enough of it to serve the purpose of the corporate legislative influencers.”
Like advertising, corporations use lobbying because it works.
Studies have found that spending more money on lobbying and campaign contributions results in direct reductions in federal taxes, state taxes, and more federal contracts. One analysis looking at only the nation’s 200 most “politically active” corporations found they spent $58 billion on lobbying the federal government and “campaign contributions”[i] between 2007 and 2012, but received $4.4 trillion in federal subsidies, contracts, and other support during the same time period. That’s a 7,580% return on investment.
Another study found even bigger returns: “on average, for every dollar spent on influencing politics, the nation’s most politically active corporations received $760 from the government” — a 76,000% payout.
Corporations are Writing Our Laws
Corporations use lobbyists because their wealth allows them disproportionate access to the government, meaning that they can build relationships with politicians and staffers, influence policy, share ideas, and even draft legislation. They can also bribe judges, as the recent Clarence Thomas corruption scandal shows. But it goes further. As one report in NPR notes, “It’s taken for granted that lobbyists influence legislation. But perhaps less obvious is that they often write the actual bills — even word for word.”
Our laws are being written by corporations.
And this isn’t just a federal problem. A 2019 USA Today investigation found more than 10,000 bills introduced to legislatures in all 50 states over an 8-year period were “almost entirely copied from bills written by special interests.” The report also notes that their investigation detected these bills using automated techniques, and “the real number is probably far higher.”
Our politicians rarely write laws. Instead, corporations and lobbyists write laws; congress sells the laws to the public; then lobbyists pay their congresspeople in campaign contributions, Super PAC funding, and revolving-door job opportunities – topics we will look at next.
The Revolving Door
Another way that corruption has become endemic inside the government of the United States is through what’s known as the “revolving door.”
The revolving door refers to the common practice of corporate employees quitting their jobs and going to work in the government, and vice versa. It’s quite common for government employees and elected officials to quit or end their terms and immediately get jobs in the industries they were supposedly regulating.
This is a sort of “retroactive bribery” where government officials do what corporations want, then get paid off afterwards. And it’s completely legal.
Occasionally there will be stories of lobbyists who stray into outright bribery — Jack Abramoff, notably — but these stories are rare, not because corruption is uncommon, but becauseyou don’t really need to break the law as a corporation: you wrote the laws. And you did it deliberately to make your bribery and influence campaigns legal.
As of 2016, about half of retiring senators and a third of retiring House Representatives register as lobbyists to collect their checks. This is equally common among Democrats and Republicans.
Lithium Nevada Corporation’s Lobbying Activities (the ones we know about)
Harbinger is “a leading federal government and political affairs firm” that was founded by and employs former high-level Republican congressional aides and political operatives. They have been listed as among the top lobbyists in Washington D.C. and made a total of $10.9 million in 2021 from a client list which includes the airline industry, major banks and investment firms, mining companies, biotech, the military-industrial complex, Facebook, electric utilities, General Electric, and the oil and gas industry.
“We leverage our experience as former senior staff to the Congressional Leadership and the Executive Branch to position clients for a seat at the decision-making table,” they write on their website. They continue: “[Harbinger is] founded on the belief that every client deserves partner-level legislative expertise” — a “boutique model” — that they use “for one simple reason: it gets results.”
In the state of Nevada, Lithium Nevada Corporation has hired at least 4 lobbyists since 2017 from two businesses: Argentum Partners, “a full-service strategic communications firm… with a hungry, energetic, and experienced team of lobbyists,” and Ferrato Corporation, “a full service bi-partisan public affairs firm.”
Notably, Lithium Nevada’s Argentum lobbyists included Mike Draper, who “helmed the media relations and public affairs for the planning, permitting, construction and opening of the Ruby Pipeline, the largest natural gas pipeline in North America.” The Ruby Pipeline was fought vehemently by environmentalists and Tribes in 2009 and 2010.
Campaign Contributions
Another technique of legalized corruption is “campaign contributions,” also known as donations to politicians.
Many countries in the world place strict limits on the amount of money that people can donate to political candidates, or even have political campaigns funded by the government, removing the influence of money almost entirely. The United States is not one of those countries.
Elected officials in the United States are desperate for money. The average U.S. senator has to rase $14,000 a day just to stay in office — and that’s once they’re already elected. This is true for both Democrats and Republicans, which is why corporations, both directly and through their lobbyists and employees, tend to play both sides by donating to both political parties.
For example, Jonathan Evans, CEO of Lithium Americas Corporation, donated at least $10,250 to political candidates between 2021 and 2022 including Catherine Cortez Mastow (Democratic Senator from Nevada) and Mark Amodei (Nevada’s Republican Governor). George Ireland, Board President of Lithium Americas, has donated at least $19,800 to candidates since 2011, including $500 to the Trump campaign and $6,600 to John Hickenlooper. Data from OpenSecrets.org shows that 7 other Lithium Americas employees, Board members, and associated parties gave at least another $10,819 to political candidates between 2018 and 2022.
These amounts don’t include the MUCH larger political contributions given by employees and family members of Harbinger Strategies, who gave $392,842 to political candidates in the 2020 election cycle alone.
Many of these people donated up to the legal limit, implying that if the limit were higher, they would give more money — and perhaps that they would seek ways to circumvent contribution limits via so-called “Super PACs” and other dark money techniques.
Keep in mind that less than 1.5% of Americans donate more than $200 to political candidates or parties in any given year. This is the domain of the wealthy.
The Payoff
Lithium Americas money is well-spent.
In what appears to be a quid pro quo for their lobbying and campaign contributions, Lithium Americas Corporation has been granted a total of $8,637,357 in tax abatements from the State of Nevada, including a partial sales tax abatement worth $5 million, a $3.3 million property tax abatement and about $225,000 in payroll tax abatements. That money is unavailable for schools, healthcare, social services, small business assistance, environmental programs, etc.
From the Federal Government, Lithium Americas has received a loan from the Department of Energy’s “Advanced Technology Vehicles Manufacturing Loan Program” (ATVM) which is likely to cover “up to 75% of the Thacker Pass’ total capital costs for construction.”
This loan program offers highly favorable terms that amount to a significant subsidy of as much as $3 billion USD.
Based on a very conservative estimate for Lithium Americas Corporation lobbying and employee campaign contribution of, say, $400,000, they’re looking at a return on investment of 2,100% — and that’s before including the massive financial value of the ATVM loan.
Community-Level Bribery
Corruption in politics is often matched with corruption at a local level.
Lithium Americas’ plans to destroy Thacker Pass have created serious community opposition among farmers and ranchers from the rural areas closest to Thacker Pass, among local citizens in the nearby town of Winnemucca, among environmental groups concerned about impacts to wildlife, plants, air, and water, and among Native American tribes concerned about their sacred and culturally important sites, animals, and medicines.
The response has been predictable. Anti-mining activist Joan Kuyek’s book Unearthing Justice: How to Protect Your Community From The Mining Industry describes the myths repeated incessantly by Lithium Americas and almost every mining company:
“The mine will create hundreds of jobs and enrich governments.”
The mine can make community members rich and solve all of their social and economic problems.”
“Modern engineering will ensure that the mine doesn’t damage the water, air, or the wildlife.”
When these myths are exposedasfalse, they resort to legalized bribery. At Thacker Pass, that takes the form of Lithium Americas Corporation paying for a new school for the community of Orovada, and signing an agreement with one local Tribal Councilwoman for construction of a cultural center. One tribal member, my friend Shelley Harjo, wrote in response: “A few promised buildings and a cultural center do not supersede the responsibility we have to our ancestors before us nor our obligation to our unborn after.” Another Tribal leader in the region says of the mining companies, “They take advantage of our poverty.”
That poverty gives the mining companies serious leverage. Among community members at Fort McDermitt, rumors of bribery are common.
Lithium Americas’ Involvement in Human Rights Abuses Overseas
Lithium Americas has deep business links and personnel overlaps with Chinese state-owned mining corporation Ganfeng Lithium (the largest lithium company in the world). In fact, Ganfeng and Lithium Americas are co-owners of an Argentinian lithium mining company known as Minera Exar.
The Minera Exar mining project is located in the Andean highlands in the so-called “lithium triangle,” an arid region near the borders of Chile and Bolivia. Over the years that Minera Exar has been active in the region, they — like other lithium mining companies in the area — have come under criticism for serious environmental and human rights abuses.
“Mining companies have for years been extracting billions of dollars of lithium from the Atacama region… But the impoverished Atacamas have seen little of the riches… one lithium company, a joint Canadian-Chilean venture named Minera Exar, struck deals with six aboriginal communities for a new mine here. The operation is expected to generate about $250 million a year in sales while each community will receive an annual payment — ranging from $9,000 to about $60,000 — for extensive surface and water rights.
The exposé continues:
“Yolanda Cruz, one of the leaders of the village in Argentina, said she signed the [community benefits agreement with Minera Exar] but now regrets it. At the time she valued the opportunity to create jobs for her village. But she now worries, ‘we are going to be left with nothing.’ she said. ‘The thing is the companies are lying to us —that’s the reality. And we sometimes just keep our mouths shut,’ she said. ‘We don’t say anything and then we are the affected ones when the time goes by.’”
Meanwhile, Ganfeng Lithium recently announced plans to mine for battery metals in the Xinjiang region of China, where the Chinese Government has detained and imprisoned Uyghyrs and other Muslim groups in forced labor and indoctrination camps.
Waste of Government Funds
We are being told the main goal of lithium mining at Thacker Pass is to reduce greenhouse gas emissions. This is another lie, a new type of corporate greenwashing which is becoming increasingly common. In fact, many analyses actually find that the emissions reductions from switching to electric vehicles are relatively minor.
Producing a single electric car releases greenhouse gas emissions—about 9 tons on average. This average is rising as the size of electric cars is going up substantially. The more electric cars are produced, the more greenhouse gases are released. And so while EVs reduce emissions compared to gasoline vehicles, bigger EVs don’t reduce them much. Analysis from the Center For Interdisciplinary Environmental Justice says that electrification of cars in the United States will reduce national emissions by only 6 percent.
Further, producing lithium at Thacker Pass would require 700,000 tons per year of oil refining byproducts — sulfur, perhaps largely sourced from the Alberta Tar sands. While Thacker Pass receives billions in subsidies from the government, carbon emissions are continuing to rise.
Environmental activist Paul Hawken, as another example, doesn’t put electric cars in his top 10 climate solutions. In fact, it’s number 24 on his list, with almost ten times less impact than reducing food waste, nearly six times less impact than eliminating the use of refrigerants which are powerful greenhouse gases, and behind solutions like tropical rainforest restoration (about 5 times as effective at reducing emissions as is switching to EVs) and peatland protection (more than twice as effective).
Corruption and waste go hand-in-hand. The data makes it clear that if reducing greenhouse gases is your goal, subsidizing the Thacker Pass lithium mine is not a good use of government funds. It’s wasteful.
If you actually want to allocate government funds to effectively halt global warming, giving money to extractive industries is the exact wrong thing to do.
Instead, start with women’s rights, educating girls, and making contraception and family planning widely available. Start with economic relocalization initiatives. Start with insulating homes properly, which may have the biggest immediate carbon impact per dollar spent. Start with demand-reduction initiatives.
Stop wasting taxpayer money on subsidies to Earth-destroying corporations, and start taking actions that really matter.
The Banality of Evil
Lithium Americas’ corruption reminds me of what political philosopher Hannah Arendt called “The Banality of Evil.” Writing of Otto Adolf Eichmann, a Nazi officer who was one of the major organizers of the Holocaust, Arendt explains that Eichmann felt no guilt; indeed, he never even considered that what he was doing might be wrong: “He did his ‘duty’…; he not only obeyed ‘orders’, he also obeyed the ‘law’.”
As one article states, “[Eichmann] performed evil deeds without evil intentions, a fact connected to his ‘thoughtlessness’, a disengagement from the reality of his evil acts. Eichmann ‘never realised what he was doing’ due to an ‘inability… to think from the standpoint of somebody else’. Lacking this particular cognitive ability, he ‘commit crimes under circumstances that made it well-nigh impossible for him to know or to feel that he [was] doing wrong’.”
Lithium Americas is not killing people en masse, nor are they even among the “worst” mining companies. They may even be acting completely within the boundaries of the law. And yet they are complicit in cultural genocide, in ecological destruction for personal gain, and in what may be an even bigger crime against the future: greenwashing their destruction as positive and thus creating more financial and political incentives for more of this madness.
They believe that what they are doing is right and they are “following the rules.”
What Now?
The corruption at Thacker Pass is not unique. Lobbying, campaign contributions, greenwashing, and community bribery is common in the United States and across much of the world. I believe there is likely much more corruption that we are not aware of. Perhaps there really are briefcases full of cash being exchanged. We can only speculate. And, this article has not even begun to discuss the government complicity in lawbreaking, corruption, and ethical violations at Thacker Pass — a story that is, in some ways, even more sordid.
All of which is part of why academic analyses of the United States tend to show “economic-elite domination” rather than true electoral democracy or pluralism. The wealthy are running our country (and indeed, the world) Our government is corrupt, corporations are running rampant, and our world is being destroyed.
For many, the situation we find ourselves in is paralyzing. What can do in the face of this?
When I first came out to begin protecting Thacker Pass and setup a protest camp on the planned mine site in the depths of winter 2021, I had no illusions. I knew that the courts weren’t likely to save us. Remember, the laws were written by corporations. I knew that public commenting wasn’t going to work; the regulations are written to favor corporate interests. I knew that the government wasn’t going to help, since the politicians are mostly bought and paid for. I even knew that standard methods of protest would likely be ineffective, given the repression tactics and divide-and-conquer strategies that have been honed over centuries by corporations and colonizers.
As a society, we find ourselves in the midst of the 6th mass extinction event, a global climate catastrophe, and seemingly terminal overshoot. And as an environmental movement, despite our brave and inspired action, it has not been enough.
Whether you agree that this is needed or not, we can all agree that what we are doing isn’t working. I don’t have all the answers. But what I do know is that it’s time to go further.
This article was originally published on Earth Day 2023. Since then, there have been developments in Thacker Pass. Direct action has been able to halt mine construction for the moment. Read more about it here.
Featured image: Resistance in Thacker Pass by Max Wilbert
Editor’s note: Lierre Keith, co founder of DGR, is going to be in London for two events. On April 1, she’s going to be a part of a Women’s Rights Conference along with a number of other feminists. On April 2, she is going to give a talk on Bright Green Lies, followed by a screening of the documentary and Q&A.
What is to be Done? Women’s Rights Conference
A hybrid conference (up to 150 of us in real life and lots more online) in London on Saturday 1st April 2023,9am-5pmnear Old St tube or Barbican tube. Women’s Declaration International invites you to a day of speeches, workshops, networking, internet livestream link to global sisters and hopefully fun. If you would like to attend, help plan, organize, volunteer on the day, run sessions, etc, please email info@womensdeclaration.com or fill in this form https://forms.gle/bFLntzbBzrm4zd6M8
We will livestream the whole thing, so you can participate online too.You can use the normal FQT attendee login so if you are registered for FQT you are registered and need to do nothing further. If not go to womensdeclaration.com and register for Feminist Question Time and you will get a Zoom link the week before.
With four rooms, a garden and a coffee area, the speakers/workshop leaders include: Sheila Jeffreys, Lierre Keith , Zuleyka Valentin Arroyo, Kaïla Atarou Manfah, Christina Ellingsen, Julia Long, Amparo Domingo, Kate Coleman, Stephanie Davies-Arai, Amber Alt, Paula Boulton, Maureen O’Hara, Marian Rutigliano, Lynne Harne, Emma Thomas, Sally Wainwright, Louise Somerville, Jan Williams, Kelly Frost, Kate Graham, Alison Jenner, Lynn Alderson, Shannon from HearSheHearShe, Jo Brew and many more!
The theme is What is to be done, so talks and workshops will focus on what we should do next.
After the day, we have booked a quiet room at a pub where we can sit and chat, plus go downstairs to buy food and drink.
In order for WDI to break even (& hopefully increase our war chest), we need all of us to support the event both financially (by buying tickets, and donating funds) and also through volunteer activities (in preparation, day of, and cleanup).
You can buy tickets for the in person event here. Register for the online event here.
From Living Planet to Necrosphere: In the Time of Patriarchy’s Endgame
Lierre Keith – writer, radical feminist, food activist, and environmentalist will be in London Sunday, April 2nd for this highly anticipated talk. This will be followed by a screening of Bright Green Lies and a Q and A with the people behind it.
More and more environmentalists are starting to question whether not just fossil fuels, but also so-called ‘green energy’, could pose a potentially serious threat to our environment and to what remains of our already threatened species and biodiversity.
With praise from world-renowned author and campaigner Vandana Shiva (anti-GMO activist and President of Navdanya International), Jeff Gibbs (director of Planet of the Humans, available to watch here for free) and Chris Hedges (Pulitzer Prize-winning journalist and author of America: The Farewell Tour), Bright Green Lies and its accompanying documentary film dig further into this issue, exploring whether our dependence on fossil fuels can really be replaced with a new form of industry that calls itself green.
Join us for the event with our expert panel:
Lierre Keith – writer, radical feminist, and food activist
Julia Barnes – Bright Green Liesfilmmaker and award-winning documentary maker
Derrick Jensen (author of the Bright Green Lies book, activist and named one of Utne Reader’s “50 Visionaries Who Are Changing Your World”)
This illuminating film “dismantles the illusion of ‘green’ technology in breathtaking, comprehensive detail, revealing a fantasy that must perish if there is to be any hope of preserving what remains of life on Earth. From solar panels to wind turbines, from LED light bulbs to electric cars, no green fantasy escapes Jensen, Keith, and Wilbert’s revealing peek behind the green curtain. Bright Green Lies is a must-read for all who cherish life on Earth.”
—Jeff Gibbs, writer, director, and producer of the film Planet of the Humans
Copies of the film on DVD will be available for purchase, alongside copies of the book which Lierre may sign for you.
Note: This is an in-person event. Please register on this Eventbrite link.
Editor’s note: The Thacker Pass lithium mine project reflects more than one injustices in the world: greenwashing mines, denying U.S. atrocities against indigenous tribes, grabbing indigenous land against their will, ecocide. This article highlights some of these injustices.
A coalition of conservation groups on Tuesday joined Native American tribes in launching legal challenges to a proposed lithium mine in northern Nevada that critics say was “illegally approved” and will “irreparably damage” the delicate desert ecosystem and land where Indigenous peoples are seeking federal historical recognition of a genocidal massacre perpetrated by U.S. colonizers.
Members of the Western Watersheds Project filed an emergency motion in federal court Tuesday seeking an injunction against the Thacker Pass Lithium Mine in Humboldt County pending action by the 9th U.S. Circuit Court of Appeals to ensure the project—which would tap into the largest known source of lithium in the United States and was approved during the final days of the Trump administration—complies with federal law.
“This mine should not be allowed to destroy public land unless and until the 9th Circuit has determined whether it was legally approved,” Western Watersheds Project staff attorney Talasi Brooks said in a statement announcing the filing.
“There’s no evidence that Lithium Nevada will be able to establish valid mining claims to lands it plans to bury in waste rock and tailings, but the damage will be done regardless,” Brooks added, referring to the subsidiary of Canada-based Lithium Americas that is seeking to build the mine. Lithium is a key component of electric vehicle batteries, cellphones, and laptops.
The emergency motion follows a lawsuit filed last week by the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe in response to U.S. District Judge Miranda Du’s earlier ruling that largely favored Lithium Americas and rejected opponents’ claims that the project would cause “unnecessary and undue degradation” to the environment and wildlife.
Opponents, including the Reno Sparks Indian Colony, promise to continue fight to stop the mine.https://t.co/dLMIGM4puo
“When the decision was made public on the previous lawsuit last week, we said we would continue to advocate for our sacred site PeeHee Mu’Huh. A place where prior to colonization, all our Paiute and Shoshone ancestors lived for countless generations,” Arlan Melendez, chairman of the Reno-Sparks Indian Colony, said in a statement.
“It’s a place where all Paiute and Shoshone people continue to pray, gather medicines and food, honor our nonhuman relatives, honor our water, honor our way of life, honor our ancestors,” Melendez added.
All three tribes call Thacker Pass PeeHee Mu’Huh, which means “rotten moon”—a name given to honor the dozens and perhaps scores of Northern Paiute men, women, and children who were massacred by Nevada Cavalry on September 12, 1865.
Daylight was just breaking when we came in sight of the Indian camp. All were asleep. We unslung our carbines, loosened our six-shooters, and started into that camp of savages at a gallop, shooting through their wickiups as we came. In a second, sleepy-eyed squaws and bucks and little children were darting about, dazed with the sudden onslaught, but they were shot before they came to their waking senses…
We dismounted to make a closer examination. In one wickiup we found two little papooses still alive. One soldier said, “Make a cleanup. Nits make lice.”
The three tribes assert that all of Thacker Pass should be listed on the National Register of Historic Places.
Nevada tribes are seeking to add Thacker Pass, a culturally-important area slated for a lithium mine, to the National Register of Historic Places. https://t.co/roF71AYC86
“While Americans tend to focus on only the proud moments of American history, the shameful history of genocide perpetrated by the American government against Native Americas is nevertheless a broad pattern running throughout American history,” Michon Eben, the Reno-Sparks Indian Colony’s cultural resource manager, wrote in a 2022 letter to the U.S. Bureau of Land Management (BLM).
Eben added that the tribe “considers the destruction of its traditional cultural properties for another mine another act of genocide in the broad pattern running throughout American history.”
Indigenous advocates argue that victims of the 1865 massacre were never properly buried, that human remains and artifacts are still being discovered in Thacker Pass, and that federal authorities failed to properly consult tribes on the mine project in violation of the National Historic Preservation Act.
“Part of the federal government’s responsibility is to determine if a proposed mining project may adversely affect historic properties. Historic properties include Native American massacre sites,” Eben toldNevada Current. “The BLM failed in its trust responsibility to tribes and now our ancestors’ final resting place is currently being destroyed at PeeHee Mu’huh.”
“The BLM failed in its trust responsibility to tribes and now our ancestors’ final resting place is currently being destroyed.”
Will Falk, attorney for the Reno-Sparks Indian Colony and co-founder of Protect Thacker Pass—which set up a protest camp on the site of the proposed mine—accused BLM officials of lying about the massacre site being located outside the project area.
“The Biden administration and [Interior] Secretary Deb Haaland keep paying lip service to tribal rights and respect for Native Americans,” Falk toldLast Real Indians last year. “Well, now three federally recognized tribes are saying that BLM Winnemucca did not respect tribal rights. It’s time that BLM halts this project so the tribes can be heard.”
Tim Crowley, vice president of government affairs and community relations for Lithium Nevada, argued in a statement that “since we began this project more than a decade ago, we have been committed to doing things right,” and that Du’s ruling “definitively supported the BLM’s consultation process, and we are confident the ruling will be upheld.”
While global demand for lithium is surging, extraction of the metal can have devastating consequences, including destruction of lands and ecosystems and water contamination.
“Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal,” contends Max Wilbert of Protect Thacker Pass. “You can’t blow up a mountain and call it green.”
Please donate to support the case and fund legal costs!
Editor’s Note: Saplings cannot replace mature forests, with their hundreds of years of biodiversity and carbon sequestration. The biomass industry is destroying mature forests with a promise of planting saplings. Even if it had come from “waste wood,” huge amounts of energy is still involved in cutting, chipping, transporting and manufacturing of biomass pellets. Adding to that is the emissions involved in the actual burning. Biomass manufacturing is not green, clean or renewable. The sooner we stop doing it, the better.
On December 5, 2022, Mongabay featured a story by journalist Justin Catanoso in which the first ever biomass industry insider came forward as a whistleblower and discredited the green sustainability claims made by Enviva — the world’s largest maker of wood pellets for energy.
On December 15, citing that article and recent scientific evidence that Enviva contributes to deforestation in the U.S. Southeast, The Netherlands decided it will stop paying subsidies to any biomass company found to be untruthful in its wood pellet production methods. The Netherlands currently offers sizable subsidies to Enviva.
Precisely how The Netherlands decision will impact biomass subsidies in the long run is unclear. Nor is it known how this decision may impact the EU’s Sustainable Biomass Program (SBP) certification process, which critics say is inherently weak and unreliable.
Also in December, Australia became the first major nation to reverse its designation of forest biomass as a renewable energy source, raising questions about how parties to the UN Paris agreement can support opposing renewable energy policies, especially regarding biomass — a problem for COP28 negotiators to resolve in 2023.
Prompted by exclusive reporting from Mongabay, the House of Representatives in The Netherlands’s Parliament has approved a motion that compels its government to stop paying subsidies to wood-pellet manufacturers found to be untruthful in their wood-harvesting practices.
On December 14, the Dutch House, by a 150-114 vote, approved a motion introduced by Rep. Lammert van Raan of Amsterdam, a member of the progressive Party for the Animals. In his motion, van Raan noted that up to €9.5 billion ($10 billion) have been reserved by the government through 2032 to subsidize the purchase of domestic and foreign-produced wood pellets for energy and heat generation.
“The risk of fraud with sustainability certification of biomass is significant,” van Raan wrote. Then, in reference to a Mongabay story published December 5, he added: “A whistleblower who worked at Enviva, the biggest maker of wood pellets, has reported that all of Enviva’s green claims are incorrect [and] according to an important recent scientific study… Enviva contributes to deforestation in the southeastern U.S.”
Van Raan concluded his motion by writing that the House “calls on the government to ensure that all subsidies do not end up at parties that cheat with sustainability certification.”
The approved motion requires the Dutch government to seek a higher level of proof under the third-party Sustainable Biomass Program (SBP) certification process. Enviva already participates in the SBP, but critics note that the certification process is inherently weak and unreliable, especially regarding the climate and biodiversity impacts of tree harvesting.
Van Raan’s motion seeks to address such problems as the SBP standards used by the European Union are not seen as adequately holding pellet manufacturers accountable for their harvest practices. NGOs and journalists have shown, for example, that clear cutting of native, biodiverse forests are common industry practices, yet such harvests are still certified as sustainable. The Netherlands’ challenge is to make the SBP process more rigorous and transparent. And if those higher standards aren’t met, pellet makers like Enviva could lose millions in subsidies.
Whistleblower speaks out
The Mongabay story that precipitated the Dutch motion featured the first employee from within the multibillion-dollar global wood pellet manufacturing industry to ever speak out publicly. The whistleblower, a high-ranking Enviva plant official who declined to be named, told Mongabay that Enviva’s claims of using mostly treetops, limbs and wood waste to produce pellets were false, as were other sustainable policy claims.
“We take giant, whole trees. We don’t care where they come from,” said the whistleblower, who no longer works for Enviva. “The notion of sustainably managed forests is nonsense. We can’t get wood into the mills fast enough.”
Mongabay confirmed many of the whistleblower’s allegations in November when this reporter observed firsthand a forest clearcut in eastern North Carolina where nearly half the trees from a 52-acre industrial site were chipped and transported to an Enviva pellet-making plant. Also, a recent study by the Southern Environmental Law Center illustrated how Enviva’s tree harvesting since opening its first plant in 2011 in North Carolina is contributing to net deforestation in coastal North Carolina and southern Virginia.
In response, Enviva told Mongabay it stood by its public assertions regarding the sustainability of its wood-harvesting practices. The company also said it believed the whistleblower was not credible in his allegations.
Global doubts over biomass as a renewable energy source
In April, The Netherlands voted to stop subsidizing wood pellets for about 50 new heat-generating, wood-burning plants. But existing plants (200 for heat, and four for energy that co-fire with wood pellets and coal) still receive subsidies of nearly €600 million annually ($635 million). In 2021, The Netherlands imported 1.2 million metric tons of wood pellets from the southeastern U.S., much of that coming from Enviva.
The move by the Dutch to hold pellet makers accountable for their sustainable harvest claims — a first in the European Union — comes at the same time the biomass industry suffered its first global setback. On December 15, Australia amended its renewable energy policy to exclude woody biomass from native forests as a renewable energy source. That decision essentially blocks the biomass industry, which has no presence in Australia, from getting started there.
More trouble may lie ahead for Enviva. A Seattle-based law firm, Hagens Berman, is seeking plaintiffs in a possible class-action lawsuit against the Maryland-based public company.
The law firm is recruiting Enviva investors who believe they have been harmed financially by what the attorneys call greenwashing — appealing to investors because of Enviva’s ESG (Environment Social Governance) credentials, when in fact the company is allegedly harming the environment and contributing to climate change.
Enviva denies these allegations as well. Hagens Berman has set a January 3, 2023 deadline for plaintiffs to come forward.
The growing unease of governments toward biomass as a subsidized renewable energy source comes after years of pressure from scientists and forest advocates who have presented evidence and argued that burning forests to make energy is dirtier than coal, while also harming ecosystems and reducing forest carbon storage capacity — even as the climate and biodiversity crises intensify.
Mongabay has reported on biomass since 2014 with more than 60 articles, while other media outlets have increasingly brought attention to the topic.
Activists have pressed hard for years to put a biomass discussion on the agenda at annual UN climate summits, to no avail, but are encouraged by events in The Netherlands and Australia. They say they remain hopeful that actions by policymakers will soon match growing public opposition to using forest wood for energy in a climate crisis.
Justin Catanoso is a regular contributor to Mongabay and a professor of journalism at Wake Forest University in the United States.
Editor’s Note: The UN Biodiversity Conference (COP 15) was held from the 7th to 19th of December, 2022 in Montreal, Canada. This article was published shortly before that. It highlights how the COP has been hijacked by corporate interests. Corporate capture of the environmental movement is not new. For a long time now, corporations have been trying to push their agenda in the form of greenwashing. Unless we reject these tactics and any form of corporate influence over these conferences, there is little benefits that they could bring to the natural world.
“Their ‘solutions’ are carefully crafted in order to not undermine their business models; ultimately they do nothing for the environment,” said one Friends of the Earth campaigner.
With the next United Nations Biodiversity Conference set to kick off in Canada this week, a report out Monday details how corporate interests have attempted to influence efforts to protect the variety of life on Earth amid rampant species loss.
“Addressing corporate capture of the CBD is a precondition for saving biodiversity.”
After a long-delayed and mostly virtual meeting in Kunming, China last year to work on a post-2020 global biodiversity framework (GBF), nearly 20,000 delegates are headed to Montreal for the second part of COP15, which will bring together countries party to a multilateral treaty, the Convention on Biological Diversity (CBD).
While the publication focuses specifically on the development of the new framework — widely regarded as a Paris climate agreement for nature — the group’s analysis notes that “the context is the broader and longer span of business influence over the CBD, especially since the Rio Earth Summit in 1992 where the CBD was open for signature.”
“To achieve their desired results,” the report explains, “corporations have used a variety of tactics and strategies to influence the CBD processes, including the following: direct party lobbying; targeting individual delegations or becoming part of them; installing direct contacts in the CBD Secretariat; making use of revolving doors; co-opting civil society, academia, and think tanks; funding U.N. activities; the distortion of language and concepts; and public-private partnerships.”
Pointing to such activities, Nele Marien, FOEI’s Forests and Biodiversity program coordinator, declared Monday that “corporate influence goes deep into the heart of the CBD.”
Taking aim at fossil fuel and mining giants, she said that “one strategy in particular stands out: The formation of purpose-built lobby coalitions allowing many corporations, such as BP or Vale, to present themselves as part of the solution and advocates for sustainability with green-sounding names. However, their ‘solutions’ are carefully crafted in order to not undermine their business models; ultimately they do nothing for the environment.”
The report points to offsetting, self-certification, self-regulation, and “nature-based solutions” as examples of measures that give the impression of action without any impactful changes.
“There is a fundamental conflict of interest,” Marien stressed. “Corporations are the most prominent contributors to biodiversity loss, ecosystem destruction, and human rights violations. Addressing corporate capture of the CBD is a precondition for saving biodiversity. The U.N. and its member states must resist corporate pressure and the CBD must reclaim its authority to regulate business.”
Fellow FOEI program coordinator Isaac Rojas argued that “putting corporations in their place would allow peoples-led solutions to biodiversity loss to regain momentum.”
“Indigenous peoples and local communities protect 80% of existing biodiversity, often by defending it with their lives,” he said. “Conserving biodiversity goes along with taking IPLCs and their human and land tenure rights seriously.”
However, the current draft framework has critics concerned, with FOEI warning that it “increasingly bears the strong hallmarks of lobbying by business interests.”
“Businesses in many countries are ‘pushing at doors’ that are already permanently open to them.”
The report also highlights that “it is difficult to disentangle what has resulted specifically from corporate lobbying from what certain parties might have desired anyway, given their strong disposition towards ‘nonregulation,’ voluntary action, market mechanisms, private sector implementation, and weak or nonexistent monitoring, reporting, and corporate accountability.”
“Businesses in many countries are ‘pushing at doors’ that are already permanently open to them,” the document continues. “The picture is further obscured by the collaboration of most of the major corporate lobbying groups with certain international conservation organizations. The lobbying of these groups has converged and merged around many issues.”
“But the consequences are clear: The GBF lacks the ‘transformational’ measures required by the biodiversity crisis,” the report adds. “The chance for a global agreement that is able to address the underlying drivers of biodiversity, transform economic sectors, initiate measures to reduce consumption, and hold corporations to account, seems to be lost.”
Given FOEI’s findings and fears, the group offers reforms for the entire U.N. system and the CBD.
Recommendations for the broader system include resisting pressure to give corporate interests a privileged position in negotiations, excluding business representatives from national delegations, increasing transparency around lobbying and existing links to the private sector, ending all partnerships with corporations and trade associations, establishing a code of conduct for U.N. officials, and monitoring the impact of companies on people and the planet.
As for the biodiversity convention, the report asserts that “rightsholders should have a voice regarding policies that affect the territories and ecosystems they live in,” and “corporations should not be part of decision-making processes and should not have a vote.”
The biodiversity conference this week comes on the heels of the COP27 climate summit that wrapped up in Egypt last month — which critics called “another terrible failure” given that the final agreement did not include language about phasing out all fossil fuels, which scientists say is necessary to prevent the worst impacts of rising temperatures.
Ahead of the UN #COP15 Biodiversity Summit, over 650 scientists are calling on world leaders to stop burning trees for energy in power stations like Drax because of the devastating impact on wildlife: https://t.co/EIAoWRBIgZ 🌳🔥😮#CutCarbonNotForests#StopBurningTrees 🌳🦋🐝🦇🦉
One of the public demands going into COP15 comes from over 650 scientists who, in a new letter to world leaders, push for an end to burning trees for energy.
“Ensuring energy security is a major societal challenge, but the answer is not to burn our precious forests. Calling this ‘green energy’ is misleading and risks accelerating the global biodiversity crisis,” Alexandre Antonelli, a lead author of the letter and director of science at the U.K.’s Royal Botanic Gardens, Kew, told The Guardian Monday.
Combating industry claims about the practice, the letter concludes that “if the global community endeavors to protect 30% of land and seas for nature by 2030, it must also commit to ending reliance on biomass energy. The best thing for the climate and biodiversity is to leave forests standing — and biomass energy does the opposite.”
The 30×30 target referenced in the letter is a top priority for several countries going into the Chinese-hosted conference, as Carbon Brief noted last week, introducing an online tool tracking who wants what at the event.
“But China has not invited world leaders to Montreal, sparking fears that the political momentum needed to produce an ambitious outcome will be lacking at the summit,” the outlet reported. “Slow progress on the GBF at preparatory talks in Geneva and Nairobi has also raised concerns among observers, scientists, and politicians.”
![[Event] Lierre Keith in London: What is to be Done and From Living Planet to Necrosphere](https://dgrnewsservice.org/wp-content/uploads/sites/18/2023/03/Lierre_Keith.jpg)
