Pop singer Britney Spears’ quest to end the conservatorship that handed control over her finances and health care to her father demonstrates the double-edged sword of putting people under the legal care and control of another person.
A judge may at times deem it necessary to appoint a guardian or conservator to protect a vulnerable person from abuse and trickery by others, or to protect them from poor decision-making regarding their own health and safety. But when put into the hands of self-serving or otherwise unscrupulous conservators, however, it can lead to exploitation and abuse.
Celebrities like Spears may be particularly susceptible to exploitation due to their capacity for generating wealth, but they are far from the only people at risk. As a lawyer with decades of experience representing poor and marginalized people and a scholar of tribal and federal Indian law, I can attest to the way systemic inequalities within local legal practices may exacerbate these potentially exploitative situations, especially with respect to women and people of color.
Perhaps nowhere has the impact been so grave than with respect to Native Americans, who were put into a status of guardianship due to a system of federal and local policies developed in the early 1900s purportedly aimed at protecting Native Americans receiving allotted land from the government. Members of the Five Civilized Tribes of Oklahoma – Cherokee, Choctaw, Chickasaw, Creek, and Seminole nations – were particularly impacted by these practices due to the discovery of oil and gas under their lands.
Swindled by ‘friendly white lawyers’
A conservatorship, or a related designation called a guardianship, takes away decision-making autonomy from a person, called a “ward.” Although the conservator is supposed to act in the interest of the ward, the system can be open to exploitation especially when vast sums of money are involved.
By that time, federal policy had forced the removal of the Five Civilized Tribes from eastern and southern locations in the United States to what is presently Oklahoma. Subsequent federal policy converted large tracts of tribally held land into individual allotments that could be transferred or sold without federal oversight – a move that fractured communal land. Land deemed to be “surplus to Indian needs” was sold off to white settlers or businesses, and Native allotment holders could likewise sell their plots after a 25-year trust period ended or otherwise have them taken through tax assessments and other administrative actions. Through this process Indian land holdings diminished from “138 million acres in 1887 to 48 million acres by 1934 when allotment ended,” according to the Indian Land Tenure Foundation.
During the 1920s, members of the Osage Nation and of the Five Civilized Tribes were deemed to be among the richest people per capita in the world due to the discovery of oil and gas underneath their lands.
However, this discovery turned them into the victims of predatory schemes that left many penniless or even dead.
Reflecting on this period in the 1973 book “One Hundred Million Acres,” Kirke Kickingbird, a lawyer and member of the Kiowa Tribe, and former Bureau of Indian Affairs special assistant Karen Ducheneaux wrote that members of the Osage Nation “began to disappear mysteriously.” On death, their estates were left “not to their families, but to their friendly white lawyers, who gathered to usher them into the Happy Hunting Ground,” Kickingbird and Ducheneaux added.
Lawyers and conservators stole lands and funds before death as well, by getting themselves appointed as guardians and conservators with full authority to spend their wards’ money or lease and sell their land.
Congress created the initial conditions for this widespread graft and abuse through the Act of May 27, 1908. That Act transferred jurisdiction over land, persons and property of Indian “minors and incompetents” from the Interior Department, to local county probate courts in Oklahoma. Related legislation also enabled the the Interior Department to put land in or out of trust protection based on its assessment of the competency of Native American allottees and their heirs.
Unfettered by federal supervisory authority, local probate courts and attorneys seized the opportunity to use guardianships to steal Native Americans estates and lands. As described in 1924 by Zitkála-Šá, a prominent Native American activist commissioned by the Secretary of Interior to study the issue, “When oil is ‘struck’ on an Indian’s property, it is usually considered prima facie evidence that he is incompetent, and in the appointment of a guardian for him, his wishes in the matter are rarely considered.”
The county courts generally declared Native Americans incompetent to handle more than a very limited sum of money without any finding of mental incapacity. Zitkála-Šá’s report and Congressional testimony documented numerous examples of abuse. Breaches of trust were documented in which attorneys or others appointed conservators took money or lands from Nation members for their own businesses, personal expenses or investments. Others schemed with friends and business associates to deprive “wards.”
‘Plums to be distributed’
One such woman in Zitkála-Šá’s report was Munnie Bear, a “young, shrewd full-blood Creek woman … [who] ran a farm which she inherited from her aunt, her own allotment being leased.” Munnie saved enough money to buy a Ford truck and livestock for her farm, with savings remaining in a bank account. Once oil was discovered, however, the court appointed a guardian, who appointed a co-guardian and retained a lawyer, each of whom deducted monthly fees that depleted Bear’s funds. During the period of her guardianship, she was unable to spend any money or make any decisions about her farm or livestock, nor did she control her bank investment.
Zitkála-Šá’s report displays the extent of this practice:
“Many of the county courts are influenced by political considerations, and … Indian guardianships are the plums to be distributed to the faithful friends of the judges as a reward for their support at the polls. The principal business of these county courts is handling Indian estates. The judges are elected for a two-year term. That ‘extraordinary services’ in connection with the Indian estates are well paid for; one attorney, by order of the court, received $35,000 from a ward’s estate, and never appeared in court.”
Wards were often kept below subsistence levels by their conservators while their funds and lands were depleted by the charging of excessive guardian and attorneys’ fees and administrative costs, along with actual abuse through graft, negligence and deception.
Reports like that of Zitkála-Šá’s resulted in Congress enacting the Indian Reorganization Act of 1934. This put the Indian land that had not fallen into non-Indian hands during the federal policy of allotting plots back into tribal ownership and secured it in the trust of the United States. It also ended the potential for theft through guardianship.
But the lands and funds lost as a result of guardianships were not restored nor did descendants of those swindled ever enjoy the benefit of their relatives’ lands and monies either.
Shanai Matteson, a 39-year-old White settler, sat in the stuffy overflow room watching the packed Public Utility Commission meeting, along with more than a hundred others, in St. Paul, Minnesota, in June 2018. Over several hours, she listened as dozens of people—Native elders, local landowners, and young people concerned about their futures—testified against the Line 3 tar sands pipeline, urging the commission to deny the project a key permit. She listened, too, as Enbridge workers, bused in by the company, voiced their support for the pipeline.
Matteson remembers the collective dismay and anger in the room as the five-person board approved Enbridge’s permit request. She also remembers what happened next: Tania Aubid, a member of the Mille Lacs Band of Ojibwe, stood up and told the commissioners that they had just declared war on the Ojibwe people.
Outside of the conference hall, organizers held a rally. Matteson listened as Winona LaDuke, a member of the White Earth Nation and executive director of the nonprofit Honor the Earth, spoke alongside several youth interveners—teenagers who were suing to stop the pipeline in court. Listening to their words, Matteson was moved by their unwavering dedication―to the land, water, and climate, but also to upholding the treaty agreements, which were being violated by this pipeline project.
After the news conference, Matteson packed her two young children into the car. They drove for nearly three hours before reaching a part of the land where the Mississippi starts to widen into one of the nation’s most storied rivers. It was a place she knew well. Matteson’s family had lived in the area for five generations, ever since her great-great-grandfather, Amasa, settled a homestead and opened a small sawmill on 1855 Treaty land. She’d grown up in the nearby town of Palisade, Minnesota, population 150.
Here was where Enbridge planned to drill the Line 3 pipeline under the Mississippi.
Standing on the riverbank that night, Matteson made a pledge to do everything she could to uphold the treaties and to stop Line 3. “I remember that day, saying to myself ‘I am making a commitment to this fight,’ ” Matteson recalls.
Defending Treaty Rights: From the Salish Sea to Line 3
On July 25, a Lummi Nation-carved totem pole will pass through the Mississippi Headwaters, under which Enbridge plans to drill the Line 3 pipeline. It’s part of a 1,500-mile journey from the Salish Sea in the Pacific Northwest through numerous Indigenous sacred sites, including Bears Ears in the Southwest and Standing Rock in the Midwest, en route to Washington, D.C. The totem pole is intended to invite Native and non-Native people to connect with the idea of broken treaties and the ongoing efforts to honor them, especially when treaty rights come into conflict with extractive capitalism.
Putting a hand on the totem pole, as people are invited to do at each sacred site event stop, one can’t help but feel a sense of awe for the many stories, hopes, and prayers it carries—and to offer their own. The 24-foot pole, hauled on a trailer behind a pickup, bears images that tell stories of the present-day struggles faced by Indigenous communities—including the epidemic of missing and murdered Indigenous women, the crisis of children held in cages at the U.S.-Mexico border, and the work of language revitalization. One carving is a grandmother with seven tears, using culture to teach her granddaughter how to turn trauma into wisdom. The totem pole aims to serve as “a reminder of the promises that were made to the first peoples of this land and waters,” Lummi master carver Jewell James told The Washington Post.
These promises were made in the form of nation-to-nation treaty agreements, recognized in the U.S. Constitution as “the supreme law of the land.” For non-Native individuals residing in the U.S., treaty rights are still the legal mechanism giving people the right to live on ceded tribal land. Put another way, if settlers (like the two of us writing this piece) are not actively holding up their end of the deal, then they forfeit the right to be here.
In exchange, the U.S. government promised tribes services, such as health care, education, and housing—and in many cases, treaties reserved the right for Native people to hunt and fish within their traditional territory. Instead, the reality has been a history of genocidal massacres, forced displacement, brutal residential schools, the outlawing of language, religion, and culture, and broken treaty obligations. Only by confronting the context of the U.S.’s settler-colonial history can settlers begin to reckon with their personal identity as treaty people.
“Part of what’s so wonderful about the pole is how it invites people to learn about the treaty, and to learn about the true history of this country,” says Lummi tribal fisher and treaty advocate Ellie Kinley, co-founder of Sacred Sea, a Indigenous-led nonprofit whose mission is to defend Lummi sovereignty and treaty rights and promote Indigenous stewardship of the Salish Sea.
“Once you know the true history, you can learn from it, and become wise from it.”
“We Are All Treaty People”
On June 7, 2021, about 2,000 people attended Treaty People Gathering, a mass Line 3 protest in rural northern Minnesota. At one of two actions that happened that day, more than 1,000 people marched to a part of the Mississippi where the pipeline is slated to be drilled; at the other action, hundreds risked arrest (and more than 200 were arrested) shutting down an Enbridge work station for the day.
“We Are All Treaty People” was one of the gathering’s main rallying cries. They are words that Matteson has thought seriously about since that night at the Commission hearing.
In 2020, after two decades living and working in Minneapolis, Matteson moved her family back to Palisade. She quickly got involved with the Welcome Water Protector Center, a cultural camp supporting people standing with the Ojibwe opposing Line 3. She is now close friends with Tania Aubid, the founder of the camp and the Ojibwe woman who informed the PUC commissioners that Line 3 was an act of war upon her people. The women’s friendship has given them both the strength to do more. In early 2021, they embarked on a hunger strike together. To bring attention to the fight to stop the pipeline, Matteson went 21 days without food; Aubid went 38.
When asked why she moved with her two young children to the Welcome Water Protector Center, Matteson is clear that protecting the water and the climate were reasons, but so too was ensuring that her government upholds its side of the treaties.
“I’ve been reminded by so many Indigenous people that the treaties are not just a concern for Indigenous people,” she says, golden light falling between the trees at camp. “They were entered into by the U.S. government, and as citizens, we have a responsibility to ensure our government honors that law.”
Over the course of the 19th century, the Red Lake Nation, the White Earth Nation, and the Mille Lacs Band of Ojibwe signed treaties with the U.S. government—treaties that granted rights to U.S. citizens and reserved rights for tribal members. In recent years, tribal attorneys have argued that Line 3 would infringe upon those treaty-protected rights, including the right to cultivate and harvest wild rice―manoomin in the Ojibwe language―which is regarded as a sacred species and is a vital source of sustenance for local tribal members. “It’s a perpetuation of cultural genocide,” founder of Line 3 resistance group, Giniw Collective, Tara Houska told The Guardian, describing the impact Line 3 would have on manoomin.
It has been a long road for the tribal attorneys, a road made more complicated by the fact that some Native-owned construction companies and two other Ojibwe nations support the pipeline. Most recently, on June 14, the Minnesota Court of Appeals ruled against the tribes, finding that Enbridge had appropriately demonstrated that there was a need for the pipeline. There are, however, reasons to believe the Tribes’ case will fare better in a case at federal court, where it is to be heard in the coming months. In 2019, the U.S. Supreme Court ruled in the favor of treaty rights in two high-profile cases.
But as the case makes its way slowly through the federal court system, the fight for treaty rights is playing out on its own timeline in the woods of rural Minnesota.
Before Line 3 was anywhere near the edge of the great Mississippi, Aubid and Winona LaDuke built a waaginogaaning, a traditional Ojibwe prayer lodge, on the banks of the river, in the exact spot where Line 3 was slated to be drilled under its waters. Earlier this year, in the depths of the Minnesota winter, Enbridge workers appeared on site, nailing “No Trespassing” signs to trees.
The workers informed Aubid and LaDuke that they were trespassing on Enbridge property.
“No, you’re trespassing,” Aubid replied.
When the workers returned with law enforcement, Aubid handed the police officer a copy of the 1855 Treaty Authority letter, informing them of her legal, treaty-protected right to practice her religion there. The police and the Enbridge workers left Aubid in her prayer lodge soon after, but nobody expected Enbridge to stay away for long.
They didn’t. In July 2021, Enbridge drilled under the river, despite Aubid, Matteson, LaDuke, and others wading into the river to try and stop them.
The prayer lodge still stands in the path of the pipeline, and dozens more people have joined the Welcome Water Protector Center as the fight against the pipeline is reaching a boiling point. Since December alone, nearly 600 people have been arrested for actions related to stopping the construction of Line 3 and tens of thousands more have marched, demanded that Biden intervene, and protested the banks funding the pipeline.
Aubid is clear on what she hopes will happen next. “We’d like more people to come here,” she says. “We’d like people to help us protect the lands, protect the waters, and to do what they can to uphold their side of the treaties.”
Later, as we walk beside the languorous waters of the Mississippi, Matteson reminds us of the importance of settlers upholding the treaties. “This isn’t history,” she says. “This is happening here. It is happening now.”
CORRECTION: This article was updated at 5:26p.m. on July 20,2021, to reflect the current state of the drilling. Read our corrections policy here.
Featured image: Local residents and kids enjoy the recreational benefits of the flowing river resulting from the planned water releases. PHOTO COURTESY OF RAISE THE RIVER, JESÚS SALAZAR
“It’s not only about wildlife, or birds and trees. It’s also about the people.”
In late spring, Antonia Torres González’ tears rolled freely at the rare sight before her: the Colorado River flowed again in what is usually a parched delta.
Torres González, a member of the Cucapá tribe who grew up in the river delta, couldn’t help but relive memories of childhood romps in the once-lush waterway in northwestern Mexico. “It was like seeing the river come back to life,” she says.
On May 1, 2021, the river once again flowed in its delta thanks to an agreement between the United States and Mexico dubbed Minute 323. Through Oct. 11, a total of 35,000 acre-feet of water (11.4 billion gallons) will be released downstream from Morelos Dam on the U.S.-Mexico border to quench the thirst of this long-withered ecosystem.
The mammoth endeavor to rejuvenate the river delta was years in the making and involved dozens of people, including water managers, policymakers, scientists, conservationists, and nonprofits from both sides of the border.
In March 2014, a planned release from Morelos Dam sent water into the dry Colorado River Delta, connecting this river to the sea for the first time in many years. Photo courtesy of Raise the River, Peter McBride.
“We provide a lot of brainpower and blood, sweat, and tears, and commitment to this,” says Nancy Smith, Colorado River Program conservation director at the Nature Conservancy.
A History Dried Up
The decadeslong deterioration of the Colorado River Delta began with the diversion of most of its water to farms and growing city populations in the United States, and by the early 1960s, very little flow made it to the river’s lower reaches. Under a 1944 treaty, 1.5 million acre-feet of water—about 10% of the river’s annual flow—was required to reach Mexico each year, though most of that drenches farmland in the valley of Mexicali, Baja California, without ever reaching the delta that should reconnect the river to the Gulf of California, also known as the Sea of Cortez.
From the air, the green of a restored site provides a stark contrast to the arid landscape of today’s Colorado River Delta. Photo courtesy of Raise the River, Jesús Salazar.
Recent agreements between the countries, including this year’s pulse as well as another eight-week pulse of water back in 2014, ensure collaboration in restoring the delta and managing river water, sharing surpluses and shortages.
The restoration work that grassroots organizers jump-started in the delta region some two decades ago—including the removal of nonnative vegetation and reforestation of thousands of acres of willow, cottonwood, and mesquite trees—would in time become a key factor in the cross-border undertaking. “We had a vision that someday the Colorado River could be connected again to the sea and to local communities,” says Francisco Zamora of the Sonoran Institute in Tucson, Arizona. The nonprofit, which also has offices in Mexicali, works with communities to revive dying ecosystems.
Beginning in May 2021, strategic releases of water into the network of restoration sites in the Colorado River Delta were designed to maximize the impact of limited resources. Photo courtesy of Raise the River, Jesús Salazar.
To see the river flowing into the delta today, albeit temporarily, gives him hope that local communities may one day again rely on it for sustenance and recreation. Over the years, restoration work not only has provided local residents with jobs, but also inspired them to believe that the delta can flourish again. Zamora says seeing the river flowing has reinforced that notion, even for young people who had never seen it happen before.
“It’s not only about wildlife, or birds and trees,” he says. “It’s also about the people.”
People-Centered Conservation
Torres González remembers the Colorado River delta as an abundant source of water that sustained multiple generations of Cucapá families living on its banks. “When I was a child, the river was still flowing,” she says. “We bathed in it, we played games, we fished there. We used to drink water from the river, and most of our families used the water to do the wash and for other household chores.”
Gradually, the fish and the water flows diminished, as did the lush, native trees, and other vegetation that families traditionally used for food and medicine, recalls the tribal elder who now lives in a Mexicali neighborhood. “We no longer consume what grew naturally in the wetlands that were there,” Torres González says.
This year’s water delivery will allow nearby communities to enjoy the river again for five months, and directly benefits about 700 acres of restored landscape, Zamora says. “This is an area where you can find many species of birds and some are what we call target species, like the yellow-billed cuckoo.” To thrive, target species require mature cottonwood and willow forest, so their presence in the delta is a good indicator that the habitat is improving and suitable for such birds, he says.
The Laguna Grande Interpretive Center explains the strategic restoration process implemented at this site by the Sonoran Institute. Photo courtesy of Raise the River, Lynne Bairstow.
The Sonoran Institute and the Nature Conservancy are part of Raise the River, a coalition of environmental groups from Mexico and the U.S. working to restore the river delta. “The Colorado River Delta used to cover 2 million acres,” Smith says. “It was this vast, watery landscape teeming with birds—really quite extraordinary.”
Smith has no doubt the delta can make a comeback. “One of the really wonderful things we learned from the 2014 pulse flow is that with water, the ecosystem responds,” she says. “The birds return, the cottonwoods and willow trees return, the local and migratory birds have increased—many of which are endangered.”
The 2014 pulse flow released downstream, known as Minute 319, was roughly 105,000 acre-feet of water (about 1% of the river’s annual flow) and transformed the dry delta into a river again for eight weeks. Subsequent scientific studies showed the water release was a boost to vegetation, greening restoration areas and increasing certain bird species—at least for a while. Even though the abundance of birds later diminished, levels remained higher than before 2014, according to a 2018 report from the International Boundary and Water Commission.
By mid-June 2021, the strategic releases of water enabled the Colorado River to once again connect with the Gulf of Mexico, reviving its dormant estuary. Photo courtesy of Raise the River, Jesús Salazar.
Lessons learned from the first water surge helped design the current water delivery to maximize benefits to the delta, Smith says. To keep the water from seeping into the ground early on, which happened in 2014, existing irrigation canals are being used to direct the flow toward restoration sites. Nonprofits and grassroots groups also fund on-the-ground projects in the delta and contribute donor resources to match those of the U.S. and Mexico governments.
“We work hand in hand with the government to do all the science necessary to make sure that we keep making progress and to make sure that whatever environmental water comes across the border is put to the best use,” Smith says.
A Hopefully Wetter Future
For Torres González, seeing the river flowing again, if only briefly, restores her hope in the delta’s resiliency—just like it did her mother, Inocencia González, before she died in June 2021.
“It would benefit us a lot if the water reaches the delta regularly again,” she says. “In this water flow we saw that there were a lot of small fish that could have grown in this river, and it would’ve meant good fishing for the Cucapá.”
As drought and climate change further strain a dwindling Colorado River and other natural resources around the globe, Smith says, international agreements may become more important. She hopes the U.S.-Mexico collaboration will bring about similar arrangements elsewhere.
“If we can restore the river, it will benefit a lot of people, but it also shows that we can protect nature, we can restore nature,” she says. “And if we can do it in the Colorado River, we can do it in other parts of the world.”
LOURDES MEDRANO is an independent writer covering the U.S.-Mexico border. She focuses on illegal immigration, underserved communities, the environment, health, and matters of importance in both the U.S. and neighboring Mexico. She previously worked for daily newspapers, including the Star Tribune in Minneapolis and The Arizona Republic in Phoenix. She is a member of Investigative Reporters and Editors, NAHJ, and the Society of Environmental Journalists. Lourdes is based in Tucson, Arizona, and speaks English and Spanish. She can be reached via Twitter direct message or LinkedIn.
Editor’s note: In order for the planet to survive, we must act in its defense. We can not rely on governments or corporations to do it. This is why Deep Green Resistance is organizing actions to confront the power structures—patriarchy, capitalism, colonialism, and civilization—largely responsible for the plunder of land and people.
This is a story of victory for the earth and of the end of the Keystone XL pipeline. It also involves the Dakota Access pipeline and the Standing Rock Lakota reservation, indeed the entire world, all of which is threatened by our desperate last burst of fossil fuel exploitation. It is a story of what the dogged persistence and creativity of indigenous people and their allies can do against the kind of power we’ve been told is impossible to resist. But it’s a story without a guaranteed ending. The ending depends on us.
In 2004, small indigenous nations living near the Alberta Tar Sands project, the largest unconventional oil extraction effort in the world, began reaching out for help. Not only was the project interfering with their water, fishing, and hunting infrastructure, but rare and unusual cancers were appearing. They contacted policy experts at the National Resources Defense Council (NRDC) in Washington, D.C., who met with them in 2005 and saw photographic documentation of the devastation. These experts began to gather data and to raise awareness in the United States, on whose special refineries the project relied. Experts focused on the unique risks posed by tar sands at every stage of production, including extraction, transportation, and refinement. It wasn’t enough, but without the testimony and photographs supplied by indigenous people, experts would not have noticed for some time.
In 2008, approximately two dozen people from indigenous nations and environmental activist groups met to develop an overall strategy. The groups decided that the most promising activist target was the Keystone XL (KXL) pipeline, proposed by the giant TransCanada (now TC Energy) corporation to move the tar sands to refineries on the Texas Gulf Coast. Stopping the pipeline would rob the Tar Sands project of financial justification. The unusually expensive techniques required for extracting, transporting, and refining tar sands made them unusable when the global barrel price was low, and any increases in the cost of production would make investors flee.
This small group of people had almost no support. Going up against the Keystone XL pipeline meant taking on the Republican Party, half the Democratic Party, the U.S. government, the Canadian government, and the entire oil industry. But with the presence of indigenous organizers in this group, they soon discovered they had something far more important.
Attendees at the meeting began spreading the word. Clayton Thomas-Muller, a climate activist belonging to the Columb Cree Nation of Manitoba and an attendee, noticed that the pipeline would be running through the Oglala aquifer, a route that, in addition to being an environmental scourge, also threatened indigenous sovereignty. He began using his existing connections from previous anti-pipeline campaigns in indigenous nations to persuade tribal councils to pass resolutions opposing KXL, which they took directly to President Obama in 2011. He continued to work on tribal organizing throughout the effort to stop KXL. By 2010, Jane Kleeb of Bold Nebraska became aware of the Keystone XL threat. She attended the first State Department hearing on the pipeline in York, Nebraska in May out of curiosity without even knowing what tar sands were. At the hearing, she noticed that over 100 farmers and ranchers spoke out individually against the pipeline project and the only person speaking for it represented a union of construction workers on the pipeline. Kleeb thought the pipeline could be stopped if she could persuade Nebraska’s increasingly resistant farmers and ranchers to join indigenous people and environmentalists. To do this, she relied on indigenous support, including Muller’s. As a result, 150 tribes from the United States and Canada met in her state to sign an agreement opposing pipeline construction. The indigenous people she worked with also gave her good organizing and spiritual advice. First, stay rooted in real, concrete stories, not abstract principles. Second, never give up. The latter was remarkable guidance, especially coming from people who have endured what indigenous people in North America have endured.
The pipeline rose to national awareness in 2011, when former NASA climate scientist James Hansen wrote an essay arguing that it would be “game over for the climate” if the Alberta tar sands were fully developed. After this, 350.org got involved. They arranged for scores of celebrities to engage in civil disobedience in front of the White House. Here in Texas, Cindy Spoon, a graduate student at the University of North Texas, co-founded the Tar Sands Blockade after the White House protests and, following Kleeb’s lead, began organizing local pipeline resistance in communities along the Texas portion of the planned route. The Tar Sands Blockade, and the Great Plains Tar Sands Resistance that grew out of it, used bold, theatrical, and courageous tactics to block construction of the pipeline. Cindy also followed the guidance Kleeb had received from indigenous people in Nebraska, to stay rooted in stories and never give up. Tar Sands Blockade kept the issue in the news in Texas and Oklahoma, and occasionally in the national news, long after President Obama had already approved construction of the southern half. And we cost TC Energy a lot of money.
Cindy Spoon personally recruited a friend of mine and fellow activist for an arrest-risking direct action effort. I attended a training camp she organized and eventually got myself arrested at a KXL pumping station under construction in Seminole County, Oklahoma. Indigenous people were crucial agents in this experience. I and my colleague were thrown into what turned out to be the “Indian tank” at the county jail. The local Seminole men in jail with us that day were neither surprised to hear about the utterly unprincipled way power works in the United States, nor surprised to find us to be relatively naïve about it. But the men who spoke most freely with us also insisted on another kind of power. One guy wanted to form a circle and have each of us read something from the Bible that meant something to us and explain what it meant. During one of his turns, he quoted a verse from Matthew 19 about all things being possible with God. He looked at us and said, “this means you keep going, no matter what.” Stay rooted in real stories, and never give up.
For years after the intense efforts of 2011 and 2012, the fight against the KXL remained precarious. President Obama temporarily delayed it, but Trump attempted to accelerate it. Indigenous groups continued to resist, leading efforts against the northern half of the pipeline. And then indigenous people broadened the fight, linking it to the Dakota Pipeline resistance on the Standing Rock reservation, where the effort took on a more explicit indigenous spiritual context. In the morning, Lakota women walked to Cannonball River for a water ceremony. At dawn, local people chanted in the Lakota language. At night, Lakota elders tended a sacred fire, saying “Water is life. Defend the sacred.” In December 2016, Chief Arvol Looking Horse, 19th keeper of the Sacred White Buffalo Calf Pipe and Bundle, visited the camp where his son was a leader. Reminding those present of the millions of attacks on the integrity of the earth community, he insisted that power lies in the common indigenous commitment to the sacredness of the physical world. He gave the same guidance Jane Kleeb had received from indigenous activists. Our struggle, he said, must be tireless and “prayer-filled,” rooted in stories drawn from experience, and we must never give up. He reassured them they would be victorious because, though people may believe this isn’t their fight, “Standing Rock is everywhere.” This sentence was, I have heard from friends who were present, the missing piece of the puzzle, exposing the unreality of indifference. Yes. It is everywhere. Nowhere on earth is safe from this threat, and we are all in the midst of it.
In January 2021, President Biden signed an executive order revoking the permit for the last phase of the KXL pipeline. By this time, investors had already been fleeing. The efforts of Clayton Thomas-Muller, Jane Kleeb, Cindy Spoon and indigenous activists across the pipeline route were bearing fruit. On June 9, TC Energy (TransCanada) abandoned the project. With the Keystone XL dead, the Alberta Tar Sands is likely to follow.
The Dakota Access pipeline, however, remains active. The sacred water on which the people of Standing Rock depend remains threatened. We can celebrate a genuine victory with the end of the KXL and it is appropriate to be grateful for the indigenous guidance responsible for this victory. Nevertheless, the struggle continues and it is our struggle, not just someone else’s. We may be afraid to feel ourselves in the midst of it, but we are. The guidance remains true:
Stay rooted in real stories. Never give up. Standing Rock is everywhere.
This writing is a message from over 10 Indigenous leaders and organizations who aim to explain that regenerative agriculture and permaculture offer narrow solutions to the climate crisis. This collaborative work has been shared freely. To access the original version, along with credits: see below.
Regenerative agriculture and permaculture claim to be the solutions to our ecological crises.
While they both borrow practices from Indigenous cultures, critically, they leave out our worldviews and continue the pattern of erasing our history and contributions to the modern world.
While the practices ‘sustainable farming’ promote are important, they do not encompass the deep cultural and relational changes needed to realize our collective healing.
Where is ‘Nature’?
Regen Ag & Permaculture often talk about what’s happening ‘in nature’: “In nature, soil is always covered.” “In nature, there are no monocultures.” Nature is viewed as separate, outside, ideal, perfect. Human beings must practice “biomimicry” (the mimicking of life) because we exist outside of the life of Nature.
Indigenous peoples speak of our role AS Nature. (Actually, Indigenous languages often don’t have a word for Nature, only a name for Earth and our Universe.) As cells and organs of Earth, we strive to fulfill our roles as her caregivers and caretakers. We often describe ourselves as “weavers”, strengthening the bonds between all beings.
Death Doesn’t Mean Dead
Regen Ag & Permaculture often maintain the “dead” worldview of Western culture and science: Rocks, mountains, soil, water, wind, and light all start as “dead”. (E.g., “Let’s bring life back to the soil!” — implying soil, without microbes, is dead.) This worldview believes that life only happens when these elements are brought together in some specific and special way.
Indigenous cultures view the Earth as a communion of beings and not objects: All matter and energy is alive and conscious. Mountains, stones, water, and air are relatives and ancestors. Earth is a living being whose body we are all a part of. Life does not only occur when these elements are brought together; Life always is. No “thing” is ever dead; Life forms and transforms.
From Judgemental to Relational
Regen Ag & Permaculture maintain overly simplistic binaries through subscribing to good and bad. Tilling is bad; not tilling is good. Mulch is good; not mulching is bad. We must do only the ‘good’ things to reach the idealized, 99.9% biomimicked farm/garden, though we will never be as pure or good “as Nature”, because we are separate from her.
Indigenous cultures often share the view that there is no good, bad, or ideal—it is not our role to judge. Our role is to tend, care, and weave to maintain relationships of balance. We give ourselves to the land: Our breath and hands uplift her gardens, binding our life force together. No one is tainted by our touch, and we have the ability to heal as much as any other lifeform.
Our Words Shape Us
Regen Ag & Permaculture use English as their preferred language no matter the geography or culture: You must first learn English to learn from the godFATHERS of this movement. The English language judges and objectifies, including words most Indigenous languages do not: ‘natural, criminal, waste, dead, wild, pure…’ English also utilizes language like “things” and “its” when referring to “non-living, subhuman entities”.
Among Indigenous cultures, every language emerges from and is therefore intricately tied to place. Inuit people have dozens of words for snow and her movement; Polynesian languages have dozens of words for water’s ripples. To know a place, you must speak her language. There is no one-size-fits-all, and no words for non-living or sub-human beings, because all life has equal value.
People are land. Holistic includes History.
Regen Ag and Permaculture claim to be holistic in approach. When regenerating a landscape, ‘everything’ is considered: soil health, water cycles, local ‘wildlife’, income & profit. ‘Everything’, however, tends to EXCLUDE history: Why were Indigenous homelands steal-able and why were our peoples & lands rape-able? Why were our cultures erased? Why does our knowledge need to be validated by ‘Science’? Why are we still excluded from your ‘healing’ of our land?
Among Indigenous cultures, people belong to land rather than land belonging to people. Healing of land MUST include healing of people and vice versa. Recognizing and processing the emotional traumas held in our bodies as descendants of assaulted, enslaved, and displaced peoples is necessary to the healing of land. Returning our rights to care for, harvest from, and relate to the land that birthed us is part of this recognition.
Composting
Regen Ag & Permaculture often share the environmentalist message that the world is dying and we must “save” it. Humans are toxic, but if we try, we can create a “new Nature” of harmony, though one that is not as harmonious as the “old Nature” that existed before humanity. Towards this mission, we must put Nature first and sacrifice ourselves for “the cause”.
Indigenous cultures often see Earth as going through cycles of continuous transition. We currently find ourselves in a cycle of great decomposition. Like in any process of composting there is discomfort and a knowing that death always brings us into rebirth. Within this great cycle, we all have a role to play. Recognizing and healing all of our own traumas IS healing Earth’s traumas, because we are ONE.
Where to go from here?
Making up only 6.2% of our global population, Indigenous peoples steward 80% of Earth’s biodiversity while managing over 25% of her land. Indigenous worldviews are the bedrocks that our agricultural practices & lifeways arise from. We invite you to ground your daily practices in these ancestral ways, as we jointly work towards collective healing.
Learn whose lands you live on (native-land.ca), their history, and how you can support their causes and cultural revitalization.
Watch @gatherfilm and Aluna documentary.
Amplify the voices and stories of Indigenous peoples and organizations.
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