Editor’s note: In order to fill the void of fossil fuel supplies caused by the Russia-Ukraine War, countries are opening their land for coal extraction. We recently covered the resistance in Lützerath, Germany. A similar story seems to be unraveling in Australia. The following piece, originally published in Public Eye, follows the tragic Aboriginal land grabbing by corporations spanning two continents. Despite local resistance and vigil for over 400 days, the mines have not yet been stopped.
With the war in Ukraine forcing Europe to seek alternatives to Russian fossil fuels, Australia is opening dozens of coal mines – and sacrificing its natural and cultural heritage in the process. Local authorities are invoking the consequences of the European war to get projects approved, despite the fact that behind the scenes it is the interests of Glencore and Adani – both based in Switzerland – that are ultimately at play.
In remote areas of Queensland, Aboriginal people and environmentalists are organising resistance to the shovel-and-dynamite lobby, but are coming under increasing pressure from mining groups.
Ochre earth gets everywhere, as gritty as those who walk on it, omnipresent in the semi-desert landscape. A pale-yellow column of smoke – up to 50 metres high – stands out against the horizon. With no high ground to cause an echo, the blast from the deep scar of the Carmichael mine rings out with a sharp bang. The mine is located in the geological basin of Galilee, in the heart of Queensland in north-eastern Australia.
Coedie MacAvoy has witnessed this scene often. Born and raised in the region, the son of an Elder of the Wangan and Jagalingou people (a guardian of wisdom), the 30-year-old introduces himself with pride. He relates the number of days he has spent occupying the small plot of land situated just in front of the Adani Group’s concession, which the company wants to transform into one of the largest coal mines in the world. On this October afternoon, the count is at 406 days – the same number of days as the camp of the Waddananggu (meaning “discussion” in the Wirdi language) has existed.
This vigil was not enough to prevent the start of production last December, but it’s a big thorn in the side of the ambitious multinational. The company is controlled by the Indian billionaire Gautam Adani, who became the third richest man in the world (net worth USD 142.4 billion) thanks to booming coal prices (see below). In April 2020, he set up a commercial branch in Geneva with the aim of offloading its coal, and registered with a local fiduciary. According to Public Eye’s sources, Adani benefitted from the support of Credit Suisse, which enabled it to raise USD 27 million in bonds in 2020. After Coal India, Adani has the largest number of planned new coal mines (60) according to the specialist platform Global Coal Mine Tracker. Glencore occupies sixth position in this ranking with 37 planned.
Gautam Adani controls one third of India’s coal imports. As reported by The New Yorker in November 2022, the billionaire is well known in his own country too – for bulldozing villages and forests to dig gigantic coal mines.
In Waddananggu, the ceremonial flames of those known here as “traditional owners” have been burning since 26 August 2021. They are accompanied by various people who come and go; young climate and pro-Aboriginal activists, sometimes together with their children – around 15 people in total. Those who emerge from the tents and barricades to observe the thick column of smoke that is dispersing into the distance are told: “Don’t breathe that shit in!”.
The Austral protestors, the war and the billionaire
With sunburned shoulders, a feather in her felt hat covering her blond hair, Sunny films the cloud of dust moving away to the north-west, towards the surrounding crops and scattered cattle. Sunny denounces the destruction of Aboriginal artefacts that are as old as the hills, and is documenting all the blasts from this mine which – after around 15 years of legal wrangling – is expanding at top speed.
After two years of pandemic, coal mines are producing at full throttle to capitalise on historically high prices. Following the invasion of Ukraine on 24th February last year, Australian coal (the most suitable substitute for Russian coal in terms of quality) is selling at three times the average price of the past decade. Countries highly dependent on Russian fossil fuels, like Poland, have been begging Australia to increase its exports of thermal coal. In Queensland, the authorities even took advantage of the situation to support particularly unpopular projects, such as Adani’s.
Since the start of the war in Ukraine, 3.3 million tonnes of Australian coal have been exported to Europe, according to data provided to Public Eye by the specialist agency Argus Media. Close to half of these exports (1.4 million tonnes) was dispatched on 11 bulk carriers from the Abbot Point terminal, which opens onto the Coral Sea in the north-east of the country, and is also controlled by Adani.
Sunny is indignant: “They shouldn’t detonate when the wind is like this”, she says. “They shouldn’t do it at all – but even less so today!”
For Adani, the objective is to reach 10 million tonnes’ production until the end of 2022. If the group seems to be in a tearing hurry, it’s because its project was initially aiming to produce 60 million tonnes per year, transported 300 kilometres via a dual railway line to Abbot Point. This port is only a few dozen kilometres from the Great Barrier Reef: designated a UNESCO World Heritage Site since 1981, it is considered to be “endangered”, according to a report by UN experts published at the end of November 2022. From here, coal is loaded onto bulk carriers to be burned – primarily in Indian, Chinese and Korean power-plants – nearly 10,000 kilometres from there.
For Grant Howard, a former miner from the region of Mackay who spent 30 years working in the industry, the mine is an environmental and logistical aberration: “Carmichael only makes commercial sense because Adani owns all the infrastructure and makes the Indian population pay too much for energy”.
Grant became an environmentalist and withdrew to the “bush” to be closer to nature. He denounces this “anachronistic” project that is threatening to act as a Trojan Horse for other mega mining projects in the Galilee Basin, which had not been exploited until Gautam Adani’s teams arrived.
“People who continue to extract thermal coal don’t have a moral compass”, he laments.
Australia has the third-largest coal reserves in the world, enough to continue production for four centuries.
When contacted, Credit Suisse claims to be fulfilling its responsibilities in relation to climate change. “We recognise that financial flows should also be aligned with the objectives set by the Paris Agreement”, its media service states, providing assurances that, in 2021, the bank reduced its financial exposure to coal by 39 percent.
On the other hand, the spokesperson did not specify whether a client like Adani, which makes most of its revenues from coal and is planning to open new thermal coal mines, would be excluded from financing in the future. “The position of Credit Suisse in terms of sustainability is based on supporting our clients through the transition towards low-carbon business models that are resilient to climate change”, they explain.
The country’s bloody history
For Coedie MacAvoy, this is very much a personal affair. In support of the fight of his “old man” – his father Adrian Burragubba went bankrupt in legal proceedings against the multinational – he occupied the Carmichael site on his own in 2019 in order to “reclaim pieces of property” on his ancestral lands. In doing so he created a blockade against Adani’s construction teams. He survived two weeks of siege before the private security services completely cut off his supply lines.
The same man has led the rebellion since August 2021, but he is no longer alone. “I am contesting the basic right of the government to undertake a compulsory acquisition of a mining lease”, declares Coedie. With piercing green eyes, a rapper’s flow, and his totem tattooed on his torso, the rebel-looking, young man – who has an air of fight the power – is happy to continue the lineage of activists occupying the trees. “I’m not a greenie from inner Melbourne”, asserts the Aborigine.
The local Queensland government finally abolished native people’s land rights in 2019 in order to give them to the mining company, which has treated them like intruders ever since. However, following harsh opposition from Coedie and his father, they were vindicated by the courts, who gave them the right to occupy their land “to enjoy, maintain, control, protect and develop their identity and cultural heritage” provided that they don’t interfere with mining activity.
It’s a loophole in the law linked to this region’s bloody history, and to the conditions under which the land was acquired from the Aborigines. Coedie MacAvoy explains: “You know, the whites arrived in Clermont in 1860 at the time of my great-grand father. They basically shot all fighting-age males.” Aboriginal people were only included in the Australian population census in 1967. The Australian (federal) Constitution still doesn’t afford them specific rights. “We learned to wield the sword and use it to the best of our abilities. We opened Pandora’s Box”, Coedie MacAvoy maintains proudly. He kept the Irish name “borrowed” by his grandfather. Very much at ease like a tribal leader, he teaches the youngest generation Wirdi and dreams of creating an Esperanto of Aboriginal dialects, because “everything I say or do is recognised as a cultural act”. This enrages the Adani Group, which is determined to hold on to its mining concession, and frequently calls the police, though based nearly 180 kilometres away.
Public Eye witnessed how aggressive the multinational can be towards people who take an interest in its activities. During our investigation in the field, a private security services’ SUV followed us along the public road that leads to the mine, and filmed us getting out of the vehicle in front of the Waddananggu camp. Several hours later, a letter arrived by mail at Public Eye’s headquarters with an order to leave the area – “leave immediately and do not return” – and banning us from broadcasting the images filmed on site. The letter concluded by citing that a complaint had been filed with the local police and leaving no doubt as to the threat of legal proceedings.
Public Eye sent a detailed list of questions to Adani. The company did not wish to divulge any plans for its branch in Geneva or its ambitions for the development of the Carmichael mine, nor did it wish to discuss its attitude towards its critics. On the other hand, the multinational “completely” rejected our questions implying that its activities or businesses have acted in an irresponsible manner or contrary to applicable laws and regulations. “It is disappointing that Public Eye is using its privileged position as an organisation based in an extremely wealthy and developed country to seek to deprive the poorest people in the world from accessing the same reliable and affordable energy that advanced economies have been benefitting from for decades” concludes their response, sent by a spokesperson from the Australian branch of the company.
Yet, the data available to Public Eye shows that a substantial part of Adani’s coal production has been redirected towards ports in the Netherlands, Germany, Sweden and the UK. Thus, not really the “poorest people in the world”.
The fight led by the Coedie family against the multinational may seem unbalanced. Both the federal and Queensland governments have rolled out the red carpet for mining companies, who given the historically high prices of coal must be bringing in AUD 120 billion (CHF 76 billion) in export revenues for 400 million tonnes of thermal coal (destined for electricity production) and metallurgical coal (for industrial use).
The Zug-based multinational Glencore is the largest mining company in the country with 15 mines (representing two-thirds of its production). With its Australian, Chinese and Japanese competitors, and the aforementioned Adani, it forms a powerful network of influence that has its own friends in the media and political circles. In Queensland, the coal lobby claims to contribute AUD 58.8 billion (over CHF 37 billion) to the local economy, along with 292,000 jobs, of which 35,000 are direct.
In June 2015, the former conservative Australian prime minister Tony Abbott described the Adani project as a “poverty-busting miracle that would put Australia on the path to becoming an energy superpower”. The Indian group obtained a tax break and an opaque years-long moratorium on its royalties. Under pressure, the authorities finally refrained from awarding a loan to the multinational to enable it to develop its railway line. In 2019, areport by the Institute of Energy Economics and Financial Analysis – a think tank examining questions linked to energy markets and policies – estimated the value of these “gifts” at over CHF 2.7 billion, a sum large enough to actually make the project viable.
In 2017, the journalist and tour operator Lindsay Simpson went to the homeland of Gautam Adani in the Indian state of Gujarat with a group of Australian activists. Their mission was to disrupt the company’s General Assembly and to intercept the Prime Minister of Queensland, Annastacia Palaszczuk, who was there on an official visit. Simpson told her:
“You will go to the grave with the death of the Great Barrier Reef on your hands.”
The first meeting between Lindsay Simpson and the Adani Group dates back to 2013. Having acquired the Abbot Point terminal two years earlier, the Indian company wanted to increase its capacity through spectacular works undertaken directly in the Coral Sea. To do this, it sought to persuade the tourism sector to back a plan to dump three million cubic metres of dredged sediments directly in the sea. At the time, the former crime journalist at the Sydney Morning Herald had already switched to offering sailing cruises and refused to approve a related document, produced by Adani and endorsed by the Central Tourism Association, as she held the document to be made “against compensation”.
Today, Lindsay Simpson describes herself as an author of fiction and of 11 detective novels based on real crimes, “including that of Adani”:Adani, Following Its Dirty Footsteps (2018). In the book, she relates the kowtowing of local politicians to the Australian mining industry. Drawing a parallel between the colonialisation of Australia and its history of mining, she attacks the ongoing and hypocritical “tributes” paid to these “male working-class heroes in hard hats”.
Queensland’s first coal deposits were discovered in 1825, to the west of Brisbane, at a time when the region served as a penal colony for the British Crown. The large-scale exploitation of sedimentary rock that resulted, when the region became a free territory two decades later, fuelled the steamboats despatching the first colonisers.
In the “countries”, those rural areas located in the interior of Australia, the population continues to depend on these jobs, which constitute an almost exclusive source of income, along with agriculture. In the villages of Collinsville, Clermont or Emerald – where several of Glencore’s mines are located – the obstructionism of environmentalists and of defenders of Aboriginal rights is more readily criticised than the impact of extractivism. The arrival of journalists is rarely viewed positively and few agree to speak with a media outlet “whose agenda they don’t share”.
Making a living for the kids
Luke Holmes is an exception. However, bumping into him while he was watching his herd on his quadbike, he insists on the need to create jobs: “The kids need to be able to continue to work. You won’t become a doctor here.” He spits out his chewing tobacco; his two dogs panting in the background. Luke himself spent some 15 years working for a mining company, which enabled him to put aside the funds needed to purchase enough land to live off. Entry-level salaries are easily as much as AUD 45 an hour (CHF 29), nearly double that for highly qualified workers. Food and accommodation are also provided. Even though he remains grateful to Big Coal, the farmer admits that “regulation is far more flexible for coal mines than for farmers.”
It’s indeed the Coal King who reigns in this region, barely tolerating cohabitation. According to official figures, in Australia there are currently 68 projects in the pipeline to expand or open new mines, half of which are in Queensland. Faced with the rise of coal mining, some farming families have become resigned to experiencing their second expropriation with stifled sobs. To compensate, the mining companies negotiate case-by-case compensation arrangement that are accompanied by sensational announcements highlighting the benefits for local communities and the number of jobs created. Adani had promised 1,500 jobs during the construction phase and 6,750 indirect jobs. These figures have since been revised significantly downwards.
Associate Professor in environmental engineering, Matthew Currell is concerned about the impact of the coal mines over the water resources in these semi-arid regions: “The government of Queensland awarded Adani a license to pump as much subterranean water as its wants”. Impact studies were not properly conducted, denounces the author of the column: “Australia listened to the science on coronavirus. Imagine if we did the same for coal mining”. For this researcher at the Royal Melbourne Institute of Technology (RMIT), there is a clear risk of contamination or drying out of the ecosystem of water sources of Doongmabulla, which is home to communities of rare vegetation that are sacred for the Aborigines. This danger has been ignored in the face of economic and electoral interests.
The dealer and his metaphors
There is a more worrying problem at the global level – that of fossil-fuel emissions. For a long time, the debate was focused on carbon dioxide (CO2) generated by the combustion of coal. A criticism to which lobbyists have often responded by shifting the problem to the countries where the coal is consumed.
“It’s the defence of the dealer – I’m simply selling heroine, I’m not responsible for the consumers”, maintains Peter MacCallum.
In late September, the local government also announced in a fanfare that it wanted to phase out thermal coal from domestic energy consumption by 2035. No mention was made of exporting it, however. An announcement that moved Peter MacCallum to comment ironically: “This will bring us in line with Switzerland – our hands will be clean!”
Logically, environmental opposition focuses increasingly on the problem of methane, a powerful greenhouse gas that is released at the point of extraction of fossil fuels. Eighty-two times more powerful than CO2, for a century it has been responsible for the increase of 0.5 degrees in global temperatures, according to one of the IPCC’s latest reports. In Australia – the industrialised country most vulnerable to climate disasters, as evidenced by the rise in sea levels or forest fires – the heart of environmental concern is shifting from burning coal to its extraction and processing. In this scenario, the “dealer-as-producer-country” metaphor evoked above ceases to apply.
New satellite imaging from NASA enabled the research agency Ember to produce a report in June 2022 analysing the methane leaks from all the coal mines in Australia. This was made possible by images produced by a satellite belonging to the US space agency Nasa. They found that these mines produce nearly double the amount of pollution caused by motorised traffic. This situation is set to worsen with the mining projects in the Galilee Basin, such as that of Adani, which have a life of several decades.
Among the most polluting open-cast mines is Hail Creek: in 2018, Glencore bought a majority shareholding and its approximately 7 million tonnes of production. Satellite images show that the mine leaks over 10 times the quantity of methane declared by Glencore to the regulatory authorities. Contacted several weeks in advance, the Zug-based group refused to let us visit the mine, citing “annual budget reviews” as the reason. Nonetheless, at the site entrance from the public road that leads solely to the mine and its checkpoint there is a sign that cites openness and responsibility as among Glencore’s values. When questioned, the company sent us an information sheet on the question of methane emissions. It describes the phenomenon as being linked to open-cast mines, vaunts their efforts to reduce leaks (by burning the gas or capturing it to convert it into electricity) and raises doubts as to the use of satellite imagery “of a discontinuous nature” when compared against their annual emissions declarations.
In Queensland, it’s nevertheless becoming hard to ignore climate change. The Great Barrier Reef, which is the region’s pride and joy and extends over 2000 kilometres, is being ravaged by increasingly violent cyclones and an acceleration of the phenomenon of coral-bleaching. According to a government report, in May 2022 a prolonged heatwave affected 91 percent of the reef. This was the fourth heatwave since 2016. The tourism industry is usually tight lipped on the subject, to avoid discouraging budding divers and sailors. However, tongues are starting to wag.
Born in California, Tony Fontes arrived on the shores of Airlie Beach in 1979 “to live his dream of diving on the reef”. He has never left. However, the Great Barrier Reef has suffered so much that today the experience is not the same as it used to be. “It’s an omerta. Instead of uniting to counter the interests of mining companies that harm tourism, operators prefer to deny the consequences of climate change out of fear that the tourists won’t come back anymore”, he denounces. For her part, Lindsay Simpson has observed the arrival of a new phenomenon that she calls disaster tourism; namely, visitors rushing to see the Great Barrier Reef before it’s too late.
Yet the coal industry still has a big future. In April 2020, between the areas of Capella and Emerald, Glencore submitted permit applications for the construction of what could become the largest mine in Australia – six coal shafts producing 20 million tonnes a year. Codename: Valeria Project. Start of work in 2024, with a duration of 30 months – with the accompanying rail and electricity infrastructure. The contract is valid for 37 years, or until well after 2050, the date at which the Zug-based group committed to becoming “net zero” in terms of its greenhouse-gas emissions.
In February 2019, under pressure from its investors, the multinational – then managed by Ivan Glasenberg – committed to limiting its coal production to 150 million tonnes per year. In 2021, a year still impacted by the pandemic, it produced 103.3 million tonnes. Since then, Glencore has not hesitated to acquire its competitors’ shares in the Colombian Cerrejón mine, which will add 14 million tonnes to its own production.
Within the approximately 10,000 hectares that Valeria will occupy in the area, Glencore has already largely marked out its territory. Nine families have already been evicted and the site, on which there are two state forests, has been almost entirely fenced off. The only remaining inhabitant is a helicopter pilot living in a small house, who is waiting for his lease to expire in January 2023.
In the newsagent in Capella, which also serves as an information centre, the shop assistant hands visitors a brochure produced by Glencore, dated May 2022. It summarises the timetable of operations. “It has been going for many years. It does not come as a surprise”, she relates with an air of resignation. “We have many mines around. We know what this is about.”
One farmer, who did not wish to be named, is not pleased to be sitting “in the dust of Glencore”. In Australia, mines are emptying the countryside. Largely because the group does not have a terrific record in terms of relations with its neighbours, according to the farmer. His property shares a border of many kilometres with the future Valeria mine. Even though he has no desire to leave “this land that gave us so much and is part of us”, the inconvenience resulting from the extraction of coal will force him to.”
“People in Switzerland should realise just how invasive the mining industry is”, he says gravely.
On Aboriginal land
Scott Franks is in total agreement with this. When he opposed Glencore’s expansion project at its Glendell mine, located on the lands of his Wonnarua ancestors, the Aborigine found himself named and targeted (along with another activist) in a full page published in a local media outlet. It presented him as “seeking to stop the project” and any industrial activity over a surface area of 156km2 in the Hunter Valley in New South Wales, putting 3000 jobs at stake. “The strategy is to turn the mining community against Aboriginal people – the ‘black folk’. We supported all the mines up to now, but we only have 3 percent of our land left”, says Scott bitterly.
The Glendell expansion project would impact the historic site of a massacre at an Aboriginal camp (36 deaths) perpetrated in 1826 by the Mounted Police. In its announcement, Glencore – who wanted to relocate a farm – asserts that in reality the massacre took place 20 kilometres away from the site in question, and contests the land rights of the two opponents, as well as their legitimacy in representing the Wonnarua people. In late October, the Independent Planning Commission (IPC) refused to grant Glencore a permit to expand its Glendell mine. When contacted, the mining company said that it was considering appealing against the decision given that “the 1826 massacre occurred on properties outside of the Ravensworth estate” and “the current homestead was built after the 1826 massacre”. In its response, the multinational also cited its programmes to rehabilitate mine sites and its support for young Aborigines. “We recognise the unique relationship of Indigenous peoples with the environment”, states Glencore. “We engage in good faith negotiation, seeking relationships based on respect, meaningful engagement, trust and mutual benefit.” Scott Franks’ critical response is:
“Glencore only deals with the communities it can buy off”.
In fact, Glencore appears to be increasingly concerned about its image, following the wave of court proceedings brought against it in recent years in the United States, the United Kingdom, Brazil and Switzerland. In Switzerland, as in Australia, the coal giant seeks to position itself as a major actor in energy transition, highlighting its role in mining copper and cobalt, which are essential for the production of electric batteries. In Australia, its campaign entitled Advancing Everyday Life earned it a complaint for “misleading or deceptive conduct” from the consumer protection body and investors. The Swiss Coalition for responsible multinationals, of which Public Eye is a member, also attacked Glencore for “greenwashing” due to its campaign of posters in public transport and train stations in Switzerland. However, this will not easily undermine the multinational, which asserts that the three accusations were rejected. Nor will it prevent Glencore from opening new mines, just as its competitor Adani is doing.
Humour and a torch
However, at Waddananggu, Coedie MacAvoy doubtlessly has skin as thick as his father’s. He also has humour as gritty as the earth when it gets into the engines of 4x4s. At the camp entrance, he has placed numerous signs warning against non-authorised entry, at the risk of standing trial before tribal justice: “Have you seen my sign? It looks just like any other sign, and in a world full of signs nobody can tell the difference any more”. Last year, he organized his own “Carmichael Tour”, the longest leg of a ride that brought together over a hundred cyclists within the perimeter of Adani’s concession. “We have the moral ground: we are living, so we are winning.” assures the thirty-year-old.
Coedie MacAvoy was living in the regional capital, Brisbane, when the mining project was launched. He openly admits: “I don’t think that my family would have come back to this region, the place that my grandfather left at gunpoint, if it had not been for Adani”. Does Coedie, who grew up listening to his father’s words, not want to rebel against his familial destiny to do something else? Does he not feel that he has inherited a never-ending conflict? “I don’t think that my father’s generation could have been the deciding factor. They still harbour too much trauma and anger.”
On the horizon, the sun is setting over Carmichael. The cloud of dust has dissipated, and the mine is now shrouded in silence. Coedie MacAvoy takes advantage of these peaceful moments to plant a palm tree that he hopes will bear fruit in a few years’ time.
Gautam Adani – a fortune on steroids
Billionaires often evoke their modest beginnings. The son of a textile trader from Gujarat (in western India), one of eight siblings, Gautam Adaniis no exception to the rule. After humble beginnings as a trader, the Adani Group, founded in 1988, swiftly diversified into port and airport infrastructure, power plants, coal mines, real estate and – more recently – media.
The rapid rise of the Adani empire was achieved thanks to a perfusion of finance and the largesse of numerous international banks. The most heavily indebted group in India has some USD 8 billion in bonds denominated in other currencies in circulation, according to Bloomberg data. The conglomerate is divided into a network of multiple companies, of which seven are publicly listed.
The energy market crisis that followed the war in Ukraine was a boon for this auto-proclaimed “self-made man”. Backed by high coal and gas prices, both his companies and personal fortune made him the world’s third richest man. In May 2022, the Swiss cement company Holcim sold him its assets in India for USD 10.5 billion.
However, in India, the close relations between Gautam Adani and Prime Minister Narendra Modi have been criticized. Modi also comes from Gujarat, and was Chief Minister for the state when the businessman benefitted from new laws setting up free trade zones (which benefit from tax benefits to attract investors) where he was planning to set up some of his infrastructure. When campaigning to become Prime Minister in 2014, Narendra Modi had the use of a plane made available by the Adani Group to take him home every evening.
Gautam Adani has little appreciation for the interest in his links to the Prime Minister. This is the interpretation of his offensive in the Indian media landscape last August to take control of NDTV, one of the channels that remains critical of the Indian government. He is nevertheless well known for not appreciating questions. “Adani has a long history of intimidation of journalists and activists that he won’t hesitate to bring charges against”, states Stephen Lang, an investigative journalist for the Australian public channel ABC. In Gujarat in 2017, the local police forced his team of reporters to leave the region. His journalists were investigating the group’s tax evasion activities and attempting to speak to fishermen displaced by one of Adani’s port terminals.
Editor’s note: Mainstream environmentalists have been demanding that countries across the world declare a “climate emergency.” But what does a climate emergency mean? What will the consequences be? Is there a possibility that it will be more detrimental to the environment? In this piece, Elisabeth Robson argues how declaring a climate emergency can be worse for the environment.
“Climate emergency”. We hear these words regularly these days, whenever there is a wild fire, a flood, or an extreme weather event of any kind. We hear these words at the annual Conference of Parties (COPs) on climate change held by the United Nations Framework Convention on Climate Change (UNFCCC), including at the COP27 meeting happening right now in Egypt. And we hear these words regularly from organizations petitioning the U.S. government to “declare a climate emergency”, and from Senators requesting the same.
Most recently, here in the U.S., we heard these words on October 4, 2022 when a group of US Senators led by Senator Jeff Merkley (D-OR) urged President Biden to “build on the inflation reduction act” and “declare a climate emergency”, writing: “Declaring a climate emergency could unlock the broad powers of the International Emergency Economic Powers Act and the Stafford Act*, allowing you to immediately pursue an array of regulatory and administrative actions to slash emissions, protect public health, support national and energy security, and improve our air and water quality.”
The requests by these Senators include two related specifically to electric vehicles:
* Maximize the adoption of electric vehicles, push states to reduce their transportation-related greenhouse gas emissions, and support the electrification of our mass transit;
* Transition the Department of Defense non-tactical vehicle fleet to electric and zero-emission vehicles, install solar panels on military housing, and take other aggressive steps to decrease its environmental impact.
The Senators continue, “The climate crisis is one of the biggest emergencies that our country has ever faced and time is running out. We need to build off the momentum from the IRA and make sure that we achieve the ambition this crisis requires, and what we have promised the world. We urge you to act boldly, declare this crisis the national emergency that it is, and embark upon significant regulatory and administrative action.”
What the Senators are requesting is that President Biden invoke the National Emergencies Act (NEA) to go above and beyond what the Biden Administration has already done to take action in this “climate emergency” by invoking the Defense Production Act and passing the Inflation Reduction Act. This is not the first time a US president has been asked to declare a climate emergency by members of Congress, but it is the most recent.
Invoking the Defense Production Act, as the administration did in April, 2022, allows the administration to support domestic mining for critical minerals (including lithium, cobalt, nickel, and manganese, which readers of this blog will recognize as essential ingredients in batteries for EVs and energy storage) with federal funding and incentives in the name of national security.
The Inflation Reduction Act, passed in August, 2022, codified into law support for domestic mining of 50 “critical minerals” to supply renewables and battery manufacturing. This law directly supports EV manufacturing by offering tax credits to car companies that use domestic supplies of metals and minerals above a certain threshold (40% to start).
We’ve already seen how the Biden Administration is using its powers under these two acts (the Defense Production Act (DPA) and the Inflation Reduction Act (IRA)) to encourage more domestic mining for “critical minerals” and the expansion of electric vehicles and charging stations. Mining companies are “celebrating”, as one journalist wrote, including Lithium Americas Corporation (LAC) whose CEO said of the IRA “We’re delighted with it.” Car companies getting support from the government to expand manufacturing, companies getting support for building out the EV charging networks, battery-making companies, and the Department of Defense must also be celebrating the infusion of government cash and the tax incentives coming their way.
The administration would have even more power to fund and incentivize mining, manufacturing, development and industry with the National Emergencies Act, or NEA. The NEA empowers the President to activate special powers during a crisis. These powers could include loan guarantees, fast tracking permits, and even suspending existing laws that protect the environment, such as the Clean Air Act, if the administration believes these laws get in the way of mining, manufacturing, and other industrial development required for addressing the climate emergency.
As described in the Brennan Center’s Guide to Emergency Powers and Their Use, in the event a national emergency is declared, such as a climate emergency, the “President may authorize an agency to guarantee loans by private institutions in order to finance products and services essential to the national defense without regard to normal procedural and substantive requirements for such loan guarantees” [emphasis added]. This authorization could occur, as stated in the NEA, “during a period of national emergency declared by Congress or the President” or “upon a determination by the President, on a nondelegable basis, that a specific guarantee is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability.”
Included in the long list of requirements for a Department of Energy (DoE) loan guarantee, the loan applicant must supply “A report containing an analysis of the potential environmental impacts of the proposed project that will enable DoE to:
(i) Assess whether the proposed project will comply with all applicable environmental requirements; and
(ii) Undertake and complete any necessary reviews under the National Environmental Policy Act (NEPA) of 1969.”
In the event a climate emergency is declared, could the administration then be able to “authorize an agency to guarantee loans” to a corporation “without regard” for these requirements? If so, then a corporation could potentially skip the NEPA process currently required for a new mining project, and not bother to do an assessment about whether their project would comply with all applicable environmental requirements (e.g. requirements under the Endangered Species Act, the Clean Air Act, and the Clean Water Act).
In other words, a corporation could proceed with their project, such as a lithium mine, with little to no environmental oversight if the Administration believes the resulting products are “essential to national defense.”
We already know that the Biden Administration believes that lithium production is essential to national defense: they have explicitly stated this in their invocation of the Defense Production Act and in the Inflation Reduction Act.
Declaring a “climate emergency” would give the administration free rein to allow corporations to sidestep environmental procedures that are normally required during the process of permitting a project like a mine, resulting in more harm to the environment.
Aside from these technical details about the implications of declaring a climate emergency, we know that most organizations, including those participating in COP27 and the 1,100 organizations that signed a February 2022 letter to President Biden urging him to declare a climate emergency, are demanding actions that would further harm the environment, such as “maximiz[ing] the adoption of electric vehicles” and “transition[ing] the Department of Defense…to electric and zero-emission vehicles” as demanded in the Senators’ October 4 letter to President Biden.
While these actions may reduce some greenhouse gas emissions, neither of these actions will reduce other harms to the environment, because these actions require more extraction and more development. And neither of these actions will reduce greenhouse gas emissions at a scope large enough to solve the climate crisis. What the activists, organizations, and Senators crying out for the President to declare a climate emergency seemingly fail to understand is that the climate emergency isn’t the only emergency we face.
Industrial development, and more specifically, industrial agriculture, has caused a 70% reduction in wildlife numbers just since 1970. This is an emergency inextricably linked with and just as dire as the climate crisis, yet the Senators and organizations calling for a climate emergency don’t demand a reduction in overall industrial development, only a reduction in fossil fuels development.
Each year, 24 billion tons of topsoil are lost, due primarily to industrial agriculture practices and deforestation. In 2014, the UN estimated that if current degradation rates continue, all the world’s top soil could be gone within 60 years. This too is an emergency inextricably linked with and just as dire as the climate crisis, yet again, the Senators and organizations calling for a climate emergency don’t demand actions to rebuild and restore soil.
Industry, including the military-industrial complex, has polluted the entire planet with toxic levels of mercury, lead, PCBs, dioxins, forever chemicals such as PFAS chemicals, and micro- and nano-plastics. These toxics are in the water we drink, the food we eat, and the air we breathe—“we” being, of course, not just humans but all wildlife on the planet. Again, this is an emergency just as dire as the climate emergency.
More than 50 million gallons of wastewater contaminated with arsenic, lead, and other toxic metals flows daily from some of the most contaminated mining sites in the U.S. into groundwater, rivers, and ponds. Mining waste that is captured must be stored and/or treated indefinitely “for perhaps thousands of years,” as the Associated Press wrote memorably in a 2019 article on mining waste. Replicate this kind of mining waste pollution around the world, and obviously, this too is an emergency just as dire as the climate emergency.
All of these emergencies are related to climate change, of course. The more our societies develop, the more harm we do to the natural world, including the atmosphere.
“Development” is really global technological escalation by industry to extract more materials more efficiently, destroying more of the planet in its relentless theft of “resources.” The more our societies develop, the less habitat for life is left, and the more we overshoot the ability of the Earth to sustain us and the rest of the species on Earth.
We ignore these other emergencies at our peril. Indeed, ignoring them in favor of the climate emergency often exacerbates these emergencies. When the organizations mentioned above demand increases in electric vehicles, increases in batteries, increases in renewables, and increases in climate mitigation and adaptation (building sea walls, retrofitting and improving roads and bridges, moving entire cities), what they are demanding is more development, not less, which means more harm, not less, to the natural world. For instance, we know that the materials required to supply the projected battery demand in 2035 will require 384 new mines. That’s to supply the materials just for batteries.
Ultimately, what most organizations that support declaring a climate emergency want is not to protect life on this planet, but rather, to protect this way of life: the one we’re living now, the one that’s killing the planet. These organizations believe that we can simply replace CO2-emitting fossil fuels with EVs and so-called renewables, and keep living these ecocidal lifestyles we have become accustomed to.
We know this to be true, because we can see it directly in the actions already taken by the Biden administration, actions that will dramatically increase mining in the U.S. Mining increases the destruction of the natural world, meaning MORE habitat loss, not less. Mining increases toxic pollution. Mining increases deforestation. Mining increases top soil loss. In other words, these actions will significantly worsen all the emergencies we, and all life on the planet, face.
Rather than demand governments around the world declare a “climate emergency,” we could instead demand governments around the world declare an “ecological overshoot emergency.” In place of demands to increase industry, increase mining, and build new cars and new energy infrastructure, we could instead demand governments reduce industry, end mining, help wean us completely away from cars, and dramatically reduce energy extraction, production, and consumption. In place of demands to continue a way of life that cannot possibly continue much longer, with its relentless destruction of the natural world, we could instead demand that all societies around the world center what makes life possible on this planet: flourishing and fecund natural communities, of which we could be a thriving part, rather than dominate and destroy.
Join us and help Protect Thacker Pass, or work to defend the wild places you love. We can’t save the planet by destroying the planet in the name of a “climate emergency.”
~~~
* In their October 4 letter to President Biden, the Senators mention how invoking the NEA could “unlock the broad powers of the International Emergency Economic Powers Act and the Stafford Act.” The International Emergency Economic Powers Act (IEEPA) authorizes the president to regulate international commerce after declaring a national emergency, for instance by blocking transactions with corporations based in foreign countries, or by limiting trade with those foreign countries. This would, like the IRA, incentivize building domestic supply chains and manufacturing capabilities. The Stafford Disaster Relief and Emergency Assistance Act encourages states to develop disaster preparedness plans, and provides federal assistance programs in the event of disaster. In the event of an emergency, such as a declared climate emergency, the President could direct any federal agency (e.g. FEMA) to use its resources to aid a state or local government in emergency assistance efforts, and to help states prepare for anticipated hazards. In the event of a declared climate emergency, this would unleash federal funds and other incentive programs to states to build and harden infrastructure that is vulnerable to wildfire, floods, severe storms, ocean acidification, and other effects of climate change.
Editor’s note: As global warming and ecological collapse accelerates, governments and corporations are unwilling to invest in real solutions. Instead, public fear is increasingly being weaponized to mobilize public subsidies for the so-called “green technology” industry, and a new sacrifice zone is emerging.
For example, instead of moving to relocalize and reduce energy use, electric cars are being promoted as a “plug-and-play” substitute for gasoline cars. This approach will do nothing to halt the ecological crisis, will only negligibly reduce rising greenhouse gas emissions, and is accelerating new harms such as an explosion in mining for lithium, cobalt, copper, and other materials.
It’s Not Just Thacker Pass. The Entire Region is on the Chopping Block.
In their June 2021 Fact Sheet about the Thacker Pass Lithium Mine Project, Lithium Americas includes a two page document about biodiversity at Thacker Pass and claim they have engineered the project “to minimize its environmental footprint.” On the second page is a map showing the Thacker Pass Project area in the bottom part of the McDermitt Caldera, which straddles the border of Nevada and Oregon.
Lithium Americas claims that protecting the Montana Mountains is their priority, writing “Lithium Americas made the decision in 2018 to move the project south of the Montana Mountains to avoid disturbing sensitive ecological areas located within the mountains,” and that “[T]he project will not involve any direct physical disturbance of sage grouse leks or golden eagle nests”.
Putting aside for the moment that any industrial disturbance to the Thacker Pass area will have significant impacts on wildlife and sensitive areas, including pronghorn who migrate through Thacker Pass, many species of birds, including sage-grouse who are exquisitely sensitive to noise, and countless other species who call Thacker Pass home or rely on it for some part of their life cycle, one might believe, reading their propaganda, that Lithium Americas is going to limit the scope of their mining operations in Thacker Pass to the project area already defined for the Thacker Pass mine. If you think that, you’d be wrong.
In the article “Proposed lithium mine raises worries in Humboldt County” in the Las Vegas Sun on May 3, 2022, Lithium Nevada Corporation, a subsidiary of Lithium Americas, claims again that the project is designed to “avoid environmentally sensitive and rugged terrain”. However, they also say that the project allows for future potential expansions. Lithium Nevada made these plans for potential expansion clear in the project documents the company filed with the SEC and with the Environmental Impact Statement, so this is no secret.
The same article quotes John Hadder, director of Great Basin Resource Watch, who says that in the future a series of mines could line the Montana mountain range, creating, as he says, an “enormous mining district”.
The “Independent Technical Report for the Thacker Pass Project, Humboldt County, Nevada, USA” document filed with the SEC by Lithium Americas on February 15, 2018, includes a map that illustrates the plans the company has for the region, showing the area of Lithium Nevada Corporation’s mining claims and the known areas of lithium mineralization. This map shows the claims and potential mining areas stretching at least 30 miles north of Thacker Pass, through the heart of the Montana Mountains, the last great sage-grouse habitat on the planet.
Why, then, does the company say in their 2-page fact sheet that they moved the Thacker Pass project south to avoid disturbing sensitive ecological areas within the mountains when they have every intention of expanding the mining project into the Montana Mountains where the sage-grouse leks are located? Do they believe that once the first project is begun, it will be easier to get further mining projects in the region approved?
This projected expansion by Lithium Nevada and its parent company, Lithium Americas, along with the two other large lithium claims on the Oregon side of the border, one in the McDermitt Caldera by Australian company Jindalee Resources Limited and the other just outside the Caldera by Acme Lithium Inc., will turn this entire region into a fully industrialized area with roads, mining pits, refineries, waste dumps, a dramatic increase in truck and other vehicle traffic, and new housing and/or man camps and other developments to support the many hundreds if not thousands of workers that will be required to mine the area.
To understand the scope and scale of what is being proposed here, take a look at the mining plans illustrated in three images from the three mining companies—Lithium Nevada, Jindalee, and Acme—combined into one:
Image created by Protect Thacker Pass
As Kale Telage writes in “Lithium Americas: Yesterday, Today and Tomorrow” on the investing site Seeking Alpha on April 26, 2022, “Thacker Pass may just be the beginning.” The land, the wild beings, and the local people of this area are in for a shock. If built, these industrial projects will utterly and irrevocably destroy this wild and quiet region currently thrumming with life and beauty and turn it forever into a wasteland.
What are the roots that clutch, what branches grow
Out of this stony rubbish? Son of man,
You cannot say, or guess, for you know only
A heap of broken images, where the sun beats,
And the dead tree gives no shelter, the cricket no relief,
And the dry stone no sound of water. Only
There is shadow under this red rock,
(Come in under the shadow of this red rock),
And I will show you something different from either
Your shadow at morning striding behind you
Or your shadow at evening rising to meet you;
I will show you fear in a handful of dust.
Editor’s note: Monday’s article covered the murder of environmentalists—at least 207 were killed last year. These killings are the extreme end of a spectrum of violence and repression used against environmentalists and land defenders. Another weapon on that spectrum is draconian laws that prioritize business interests over communities and the natural world.
These laws are common globally. Here in the United States, for example, corporations have more rights than human beings and protests are increasingly criminalized. Today’s story comes from Indonesia, where a new mining law is being used to punish activists. These measures are a predictable corporate/government response to grassroots resistance movements, and they must be fought.
It’s also noteworthy that these laws may unintentionally lead to an increase in underground action and eco-sabotage, as clandestine action may be both a safer and a more effective option when civil dissent is outlawed.
Activists in Indonesia have highlighted what they say is an increase in arrests of people protesting against mining activity since the passage of a controversial mining law in 2020.
They’ve singled out the law’s Article 162 as “a devious policy” that’s meant to quash all opposition to mining activity, even at the expense of communities and the environment.
Of the 53 people subjected to criminal charges for opposing mining companies in 2021, at least 10 were charged with violating Article 162, according to one group.
Groups have filed a legal challenge against the law, seeking to strike down Article 162 and eight other contentious provisions on constitutional grounds.
JAKARTA — In the nearly two years since Indonesian lawmakers passed a controversial mining law, the legislation has increasingly been used by police to arrest villagers and local activists opposed to mining operations on their lands.
Human rights activists, including the national rights commission, Komnas HAM, have criticized the law, an amendment to an old mining law, for its provisions that are widely seen as undermining the rights of local communities for the benefit of mining companies.
“After the revision of the mining law [in May 2020], Article 162 has often been used to silence people’s fights against mining operations,” Melky Nahar, campaign head for watchdog group Mining Advocacy Network (Jatam), told Mongabay, referring to the most contentious provision in the new law.
Article 162 states that “anyone who hinders or disturbs mining activities by permit holders who have met the requirements … may be punished with a maximum prison term of one year and maximum fines of 100 million rupiah [$7,000].”
Of the 53 people subjected to criminal charges for opposing mining companies in 2021, at least 10 were charged with violating Article 162, according to Satrio Manggala, environmental policy manager at the Indonesian Forum for the Environment (Walhi).
“So these people protested [against mining activity], but in their protests, they’re perceived as hindering and disturbing mining activity,” he said at a recent online press conference.
Hairansyah, a commissioner with the government-funded Komnas HAM, called the article “a major setback” as it poses “a serious threat to human rights defenders.” He said the article goes against the 2009 law on environmental protection, which states that no criminal charges may be brought against anyone for campaigning for their right to a clean environment. Activists warn that Article 162 adds to a growing list of measures encouraging the prosecution of dissent against extractive and other environmentally harmful activities.
Matras beach in Bangka Belitung province, Indonesia. Image courtesy of Vebra/Wikimedia Commons.
‘To cripple people’s fight’
Prosecutions under these measures are known as SLAPP, or strategic lawsuits against public participation, and in the case of the mining law’s Article 162, they have proliferated in the past two years.
In December 2020, state-owned tin miner PT Timah pressed charges against 12 residents of the fishing village of Matras, on the island of Bangka off Sumatra, after they boarded one of its vessels in a protest. The company said the villagers had disrupted its operations, in violation of Article 162.
The villagers justified their actions as an act of protest against the company’s mining activities that they said had disrupted their livelihoods, reducing their daily fish catches by nearly 90%.
In November 2021, residents of Tuntung village on the island of Sulawesi blocked the road leading to a nickel mine run by PT Koninis Fajar Mineral (KFM), also in protest against the environmental impact of the company’s activities. They saidthe water in their village had been polluted by KFM’s operations.
Following the protest, local police summoned and questioned at least 13 of the protesters under the pretext of Article 162 violations.
On Dec. 29, some of the villagers reported the police to the local office of Komnas HAM, saying they felt they were being criminalized under Article 162. On Jan. 4 this year, the rights commission sent a letter to the police asking them to stop any legal proceedings against the villagers.
In the letter, Komnas HAM called Article 162 a contentious tool for silencing the voices of people defending their rights against mining activities, and pointed out that the public’s rights to gather and express their opinions are guaranteed under the Constitution and the 1999 law on human rights.
Jatam’s Melky said there was no question that the use of Article 162 by the police was aimed at stifling grassroots opposition. “This increasing trend of criminalization is not an effort to uphold the law, but to cripple people’s fight [against mining],” he said.
Villagers of Pasar Seluma in southern Sumatra, Indonesia, evicted from their protest camp by the police. In December 2021, the villagers set up an encampment in the mining area of PT Faminglevto Bakti Abadi (FBA), an iron ore miner, to protest against the company. Image courtesy of Walhi Bengkulu.
‘A devious policy’
The most recent case involving the use of Article 162 was the arrest of 10 people, including villagers and activists, in Pasar Seluma village in southern Sumatra.
On Dec. 23, the protesters set up an encampment in the mining area of PT Faminglevto Bakti Abadi (FBA), an iron ore miner that they say never obtained their permission to operate in their area, and whose activities since 2010 have been mired in irregularities.
On Dec. 27, police bulldozed the protesters’ tents and arrested them, including Ayu Nevi Anggraeni, a villager who said they were dragged out of their tents like animals.
“We and our children were forcibly dragged. The police didn’t care for us,” she said at an online press conference. “We’re being treated like a thief or an animal even though we did nothing wrong. We didn’t provoke [anyone]. From deep within our heart, we want the mine to be closed.”
Another villager, who did not give her name, said she felt the same.
“We’re just asking for justice,” she said. “When we were being kicked out of the protest site, some police officers called us stupid. Why? We just want to defend our territory.”
The Pasar Seluma police chief, Darmawan Dwiharyanto, told local media that the forced eviction was a last resort after previous attempts to persuade the villagers to leave the site had failed.
Saman Lating, a lawyer representing the villagers, said police investigators had told him the villagers were arrested for disrupting FBA’s activities — that is, for violating Article 162.
“We know that this article is a powerful one in the mining law used by the powers that be,” he said at the online press conference. “This article is meant to perpetuate all mining activities in Indonesia.”
But Saman questioned the use of Article 162 in this case, given that it’s ostensibly meant to protect businesses that have the proper permits. This doesn’t appear to be the case for FBA, he said.
The company is allegedly operating without having conducted an environmental impact assessment, known locally as an Amdal, or obtaining an environmental permit. It has also allegedly failed to pay its post-mining reclamation deposit to the state as of 2018. The deposit, which is required of all miners, is meant to ensure that funds are available for rehabilitating the site once mining operations have ended.
FBA was also included on a list of companies whose mining permits were revoked by the Ministry of Energy and Mineral Resources in 2016. Rere Christanto, manager of the mining division at Walhi, said FBA had also violated at least 15 regulations by operating in coastal and protected areas.
Usin Abdisyah Putra Sembiring, a provincial councilor in Bengkulu, where Pasar Seluma is located, said FBA isn’t fit to operate because it hasn’t fulfilled all of its obligations. In addition to allegedly not having an Amdal and an environmental permit, he said, the company has never reported its environmental monitoring and management plan to the local environmental agency.
Mongabay has reached out to the environmental agency in Bengkulu to confirm the allegations but hasn’t received a response.
If all these allegations are true, said Saman the lawyer, then the police had no grounds for evicting and arresting the villagers protesting against FBA’s presence. By doing so, he said, “the law enforcers are working to justify the mistakes of the company.”
Walhi’s Rere said the case in Pasar Seluma is evidence of how the mining law has become a serious threat to people’s rights.
“What’s happening in Pasar Seluma further convinces us that the mining law is a devious policy used to eradicate people’s participation [in fighting for their rights],” he said.
Villagers of Pasar Seluma in southern Sumatra, Indonesia, evicted from their protest camp by the police. In December 2021, the villagers set up an encampment in the mining area of PT Faminglevto Bakti Abadi (FBA), an iron ore miner, to protest against the company. Image courtesy of Walhi Bengkulu.
Constitutional challenge
Activists from Walhi and from mining watchdog Jatam’s office in East Kalimantan province in June last year filed a constitutional challenge against the mining law. The challenge, known as a judicial review, seeks to strike down nine articles from the law on constitutional grounds, including Article 162.
In a hearing at the Constitutional Court on Jan. 5, Ridwan Jamaludin, the director-general of minerals and coal at the Ministry of Energy and Mineral Resources, said the article isn’t aimed at silencing protesters, but at providing legal certainty for investors.
It’s meant, he said, “to protect them from irresponsible people in a government effort to build a healthy climate for investment.”
Jatam’s Melky said this reasoning shows how the government is siding with companies instead of the people.
“His statement shows that the government is not working to guarantee people’s safety and [the rights to] their land, but just to make sure that the interests of companies are guaranteed without hurdles,” he said.
Melky added that during the legislative process to pass the mining bill into law, there was no public participation allowed. This, he said, explains the inclusion of provisions like Article 162.
“The problem is that nearly all mining policies in Indonesia [are issued] without involving the public as the rightful owners of land [in the country],” he said. “All [deliberation] is done behind closed doors.”
Walhi’s Satrio said this isn’t the first time Article 162 has been challenged in court.
The previous mining law also contained the same article, which critics challenged three times at the Constitutional Court. The court eventually ruled that the restrictions prescribed in the article could only be applied to people who have sold their lands to mining companies, and not to all individuals who oppose mining operations, Satrio said.
But when lawmakers passed the amended law in 2020, they reinstated the same old article that the court had ruled unconstitutional, and not the updated version from the court.
“We initially thought that when the mining law was amended in 2020, the article would disappear, or at least the version from the Constitutional Court will be used,” Satrio said. “However, the article reappeared in its complete form, which led to many victims [of criminalization] in 2021.”
The Fitzroy River in the Kimberley region of Western Australia, one of the country’s most ecologically and culturally significant waterways, is facing proposals of further agriculture and mining development, including irrigation and fracking.
In response, First Nations communities in the region have developed different methods to promote the conservation of the river, including curating cultural festivals, funding awareness campaigns, and working with digital technologies.
First Nations land rights are held along the length of the Fitzroy River, the first time this has occurred across an entire catchment area in Australia.
The catchment is the last stronghold of the world’s most “evolutionarily distinct and globally endangered” species, the freshwater sawfish (Pristis pristis) and is home to the threatened northern river shark (Glyphis garricki).
WEST KIMBERLEY, Australia — November marks the end of the dry season in the Kimberley, the northernmost region of Western Australia, the country’s largest state. As the monsoonal rains start to fall, the country comes alive with the cries of red winged parrots (Aprosmictus erythropterus) and the Fitzroy River begins to run.
Stretching more than 700 kilometers (435 miles), the Fitzroy River is one of Australia’s most powerful waterways, a free-flowing system that passes through range, savanna and desert country to empty into the Indian Ocean each year.
Anne Poelina, a Nyikina Warrwa traditional Indigenous custodian of the river, said it’s her duty to care for the Martuwarra, the river’s original and enduring name.
“Martuwarra is a living, ancestral being,” she said. “It has a right to life, to live and to flow. We live by an obligatory law to protect the River of Life. It is the essence of our spirituality, identity, culture and law.”
The river was granted National Heritage Listing in 2011 due to its spiritual, cultural and environmental values. Native title, a federally recognized titling to traditional Indigenous lands and waters, is now held along the entire length of the river, the first time land rights have been held across an entire catchment area in Australia.
The Fitzroy is also the last stronghold of the world’s most “evolutionarily distinct and globally endangered” species, the freshwater sawfish (Pristis pristis). According to a 2019 study, its continued existence in the waters is due to the low level of human disturbance — namely mining and agriculture — compared to other rivers around the world. The authors recommended that any “further anthropogenic disturbance [to the Fitzroy River] should be minimized to maintain what is still a relatively pristine habitat.”
However, on the world’s driest inhabited continent, these life-giving waters are now a source of contention. Currently, agricultural and mining development proposals are being assessed to develop the Fitzroy catchment and the greater Kimberley region.
Such is the cultural significance of the river, that proposals have been met with scrutiny by traditional owners, and have led some to implement methods to preserve the river’s cultural and ecological significance.
Agriculture debate continues as fracking proposals arise
Chief among the industrial proposals earmarked for the Fitzroy are those linked to agriculture. Pastoral opportunities have long been debated in the Fitzroy catchment, with dams unsuccessfully planned along the river since the 1990s. In 2018, however, the incumbent state government pledged that there would be no future dams along the Fitzroy or its tributaries.
Despite this, the future of the Fitzroy remains uncertain. First announced in November 2020, the WA state government is currently assessing the feasibility of allowing up to 300 billion liters (79 billion gallons) of surface water to be taken out of the river each year through irrigation development to grow fodder for livestock. Conservationists say this will affect the flow of the river and, consequently, the diverse and unique ecosystem it supports, with threatened species including the northern river shark (Glyphis garricki), one of the world’s rarest fish.
While the debate rages on over pastoral activities in the catchment, there are other questions being raised about opening up the catchment to hydrofracturing stimulation.
Commonly known as fracking, hydrofracturing stimulation is an extractive process that involves injecting a high-pressure fluid made of sand, water and chemical additives into a drilled well to crack the rock and free natural gas from deep underground.
As much of the Fitzroy catchment sits on the Canning Basin, the largest shale gas reserve in Australia, the region has become a central focus of the federal government to boost the country’s post-COVID-19 economic recovery and strengthen the local energy market.
As Mongabay previously reported, a 2016 moratorium on fracking in WA state was lifted three years ago, allowing fracking in just 2% of the state. Much of that area falls in the western Kimberley, including parts of the Fitzroy catchment. In October 2021, the state government further backtracked on this minor concession and granted an exemption to the policy for an oil and gas company, Bennett Resources.
A subsidiary of Texas mining company Black Mountain Metals, the company has proposed drilling 20 exploratory wells, one of which lies just a kilometer (0.6 miles) from a tributary of the Fitzroy.
Bennett Resources did not respond to requests for comment from Mongabay. However, the company announced that it is seeking to extract up to 900 terajoules (953 million cubic feet) of gas a day once the gas fields peak.
In Australia, companies are able to secure mining leases that incorporate land recognized as native title. Rather than grant First Nations complete autonomy over their land, native title legislation mandates that communities enter into negotiations with mining companies regardless of whether they welcome industry on their land or not. Consequently, mining leases can incorporate the lands of multiple groups divided over development. As such, while the wells proposed by Bennett Resources are located in the territory of one community that has entered into fracking agreements, other groups on the lease either remain opposed to the process or are still undecided.
Roger Cook, the WA minister for state development and deputy premier, did not respond to requests by Mongabay for comment on industrial development in the Fitzroy catchment. However, in October, Cook told national broadcaster ABC that the exemption for Bennett Resources was granted because the project would help build gas pipelines to connect the area to the broader WA energy network.
Just how significant the resulting pipeline will be or whether it will cross native title land or the river itself remains to be seen.
Bennett Resources’ proposal says potential impacts could include contamination of surface aquifers due to well integrity failure. WA’s Environmental Protection Authority is currently assessing the proposal to ascertain whether the catchment will be compromised and the effects on species.
A festival to protect the river
For Joe Ross, director of the Bunuba Dawangirri Aboriginal Corporation, his connections to the river are ancient. An Indigenous Bunuba man whose ancestors come from the area, Ross is a seasoned advocate for the protection of the Fitzroy River catchment. In the late 1990s, he was influential in stopping the damming of the river for irrigation proposals.
In July this year, Ross organized a festival on his ancestral territory of Danggu, also known by its colonial name, Geikie Gorge. Named Yajilarra, meaning “let us dream” in the Bunuba language, the three-day festival included traditional stories told through stage performance. According to Ross, this enabled Bunuba children to interact with their elders and explore their identity.
“The aim of the festival was to celebrate our culture and revitalize our language,” Ross told Mongabay. “In doing so, we were promoting local industry, leadership for our younger people and our connection to country and the river itself.”
Following this, the festival featured a night of music and discussion about the river’s cultural and ecological values, bringing together some of the most influential and powerful individuals and corporations in Australia, including Australia’s richest man, mining mogul Andrew Forrest.
Significantly, Forrest’s investments in the Kimberley in recent years relate to the industrial proposals the Fitzroy catchment now faces. In 2019, Forrest’s privately owned energy company, Squadron Energy, bought into fracking interests in the western Kimberley. And in December 2020, he finalized a deal that saw the purchase of two pastoral stations bordering the Fitzroy River, giving livestock access to the water.
“We are passionate about the unique environment of the Kimberley, and the precious waterway and lifeforce that is the Fitzroy River,” Forrest said in a media statement last year.
“We strongly believe in the principle of balancing the need for sustainable agriculture and job creation for local communities, with the need to preserve culture and heritage sites, while restoring the land and its original fauna to its natural habitat.”
However, shortly after the Yajilarra festival, Squadron Energy abandoned its fracking interests in the Kimberley, calling the move a strategic decision given that the process is at odds with the organization’s climate policy.
For Ross, the festival achieved what it set out to.
“The feedback we have received is that the Yajilarra festival was as good as could be,” he said. “What this shows is that we have the capacity to continue these events, to promote our culture and to build ongoing dialogue about the future of the Kimberley.”
A campaign to encourage public engagement
The Kimberley Land Council (KLC), one of Australia’s most prominent First Nations land rights organizations, has also backed proposals to protect the Fitzroy catchment. Though the KLC is tasked chiefly with advocating for its member communities, taking a stand against disputes is rare given the organization is constantly entering into negotiations with government and industry. However, the KLC’s stance became unequivocable in regards to the future of the river.
Declaring that traditional owners “have never consented to the extraction of water and oppose development of the river and its floodplain,” the KLC encouraged the general public to support the protection of the river. This was done by making submissions to the state government’s call for public consultation titled the “Fitzroy River Water Discussion Paper.”
The KLC followed this through with an awareness campaign that involved running an advertisement in WA’s highest-selling daily newspaper. This resulted in more than 43,000 submissions to the discussion paper, one of the largest results in public feedback for an environmental issue in state history.
According to a media statement by the KLC, the river should be preserved in its current state as a cultural and linguistic landscape.
“The cultural management of the Fitzroy River catchment is a responsibility that traditional owners have had since creation and take very seriously,” said the organization’s CEO. “Traditional owners have not consented to large-scale irrigation extraction processes and want to see the river protected as a healthy and thriving ecosystem.”
New media and digital technologies
When the proposals began, Anne Poelina, an adjunct senior research fellow with the University of Notre Dame, Australia, who focuses on Indigenous environmental policy, was driven to act, given the risks she felt were posed to the river system and beyond.
“The first element that needs to be acknowledged is that we believe these living water systems are already fully allocated,” she said. “Any alteration to the river, the taking of water or the compromising of the catchment, will impact our lifeways, our culture, our conservation and our values.”
Concerned at the potential for industry to hinder the flow of the river and its consequential effects on culture and ecology, Poelina, as executive chair, helped unite six native title nations along the river together to form the Martuwarra Fitzroy River Council (MFRC).
Formed in 2018, the MFRC brought nations from across the river’s reaches into a united body through which to engage with government and industry. Under Poelina, the council used digital technologies to promote the cultural and ecological values of the river, producing multiple films to encourage traditional owners throughout the catchment to promote the multiple values of the river.
Floodplain of the Fitzroy River with Willare and King Sound in the far distance. Image courtesy of Yaru Man via Flickr (CC BY-NC-ND 2.0).
“Digital storytelling has had a remarkable impact,” Poelina said. “We have a global platform from which to discuss our relationship with the river and the response to our work has been overwhelming. We have been asked to address global forums and be a part of multiple film festivals around the world.”
These resources have also helped in the preservation of Indigenous and scientific knowledge. By engaging with scientists and geographers, Poelina has been able to orchestrate studies that have confirmed the ecological, cultural and legal significance of the river country, one of which has included Martuwarra itself as a co-author. This has advanced the argument for legal recognition of the river as a living ancestral being and granting it certain rights.
“We have also used technology to create a whole database of maps, like the water and vegetation types of the river,” Poelina said. “This has helped map and conserve our cultural heritage, our songs and our ongoing, ancestral connection to the Martuwarra.”
Questions for the future
Anthony Ingraffea, the Dwight C. Baum professor of engineering emeritus at Cornell University, told Mongabay there’s no straightforward way to answer how many fracking wells would be needed to produce Bennett Resources’ goal of extracting up to 900 terajoules of gas a day.
Drawing on examples from the United States, Ingraffea said that at a certain rate and with advanced technology, “it would take a few hundred wells to produce 850 million cubic feet a day over a sustained period of time.”
However, he said that in any case, three factors are at play: the length of time for a certain production rate, how quickly the operator can put wells into production, and the quality of the shale gas produced.
“All shale gas wells experience what is called a decline curve of production, that is, the rate of production rapidly decreases over time,” he said.
Ingraffea highlighted a case in Texas in which approximately 2,000 wells were drilled over a cumulative period of six years to produce 850 million cubic feet a day, the same output that Bennet Resources is aiming for.
Given the significance of the Fitzroy River’s aquatic and mineral resources, the future of the catchment will be discussed at all levels of government as the feedback from the Fitzroy River Water Discussion Paper is released and future fracking development is proposed.
Ross and Poelina say they would like to ensure that the ecological and cultural significance of the river to First Nations communities is taken into account in that conversation.
“The Kimberley is one of the last places in the world that has not been taken over by mass industrialization,” Poelina said. “Our people have walked this country since the dawn of time, we know it better than anyone. We want to continue to care for the land as she looks after us.”
Fitzroy River, downstream from Fitzroy Crossing Bridge. Image courtesy of Yaru Man/Flickr.
Citations:
Lear, K. O., Gleiss, A. C., Whitty, J. M., Fazeldean, T., Albert, J. R., Green, N., … Morgan, D. L. (2019). Recruitment of a critically endangered sawfish into a riverine nursery depends on natural flow regimes. Scientific Reports, 9(1). doi:10.1038/s41598-019-53511-9
RiverOfLife, M., Poelina, A., Bagnall, D., & Lim, M. (2020). Recognizing the Martuwarra’s First Law right to life as a living ancestral being. Transnational Environmental Law,9(3), 541-568. doi:10.1017/S2047102520000163
Banner image: The Freshwater Sawfish (Pristis pristis) is the most Evolutionary Distinct and Greatly Endangered (EDGE) animal in the world. Its last stronghold is the Fitzroy River catchment. Image courtesy of Peter Kyne/Wikimedia Commons.
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