A 24-Year History of Cliven Bundy’s Illegal Grazing and Armed Conflict at Gold Butte Nevada

Editor’s note: On January 8, 2018,  a federal judge dismissed US government’s criminal charges against Nevada rancher Cliven Bundy, two of his sons and another man linked to militia groups, over procedural errors made by the prosecution.  This is a history of the Bundy grazing allotment.

     by Center for Biological Diversity

• The Bundy family began grazing on federal public lands near Gold Butte, Nevada, in 1954 – lands located in the recently designated Gold Butte National Monument – some of the driest and most fragile desert in North America.

• In 1973 the Bundys were granted their first federal grazing permit. Given the aridity and fragility of the desert, the Bureau of Land Management (BLM) issued a permit for grazing in this ephemeral range, which is subject to environmental and other conditions. Ephemeral range in the southwest desert region does not consistently produce forage for grazing.

• In 1989 the desert tortoise was granted protection under the federal Endangered Species Act because of widespread destruction of its fragile desert habitat by livestock grazing, urbanization and other factors.

• In 1991, the U.S. and Fish and Wildlife Service (FWS) issued a draft Biological Opinion (BO) governing the management of desert tortoise habitat. The BLM developed a timetable to meet its requirements and shared the requirements and timetable with permittees, including Cliven Bundy, whose cattle grazed in tortoise habitat. The BLM requested and FWS then agreed to delay implementation of the BO until 1993.

• On February 26th, 1993, Cliven Bundy sent two “Administrative Notices of Intent” to the BLM asserting that the BLM has no legal jurisdiction over federal public lands, and stating his intent to graze cattle, “pursuant to my vested grazing rights.” Bundy stopped paying his grazing fees after February 28th of 1993.

• The BLM sent Bundy a notice that his request for a grazing application had not been received and requested that he re-submit within one week or BLM action would be taken.

• On July 13, 1993, BLM sent Bundy a Trespass Notice and Order to Remove which set a timeline for cattle removal given his non-payment of fees. Later BLM extended the timetable at Bundy’s request.

• On September 30, 1993, the Nevada State BLM Director requested injunctive relief—action from the court—to address Bundy’s unlawful cattle grazing.

• On January 24, 1994 BLM tried to deliver to Bundy a proposed decision to cancel his permit, request payment of trespass damages, and order the removal of trespass livestock. When BLM delivered the notice, Bundy’s son tore up the document. The torn document was recovered and used as evidence of illegal grazing by the BLM in court.

• On March 3, 1994, Cliven Bundy, given his refusal to recognize federal authority to own and administer federal lands, sent payment for his grazing permit to Clark County instead of the BLM. The county refused Bundy’s payment for lack of jurisdiction.

• In 1998, the U.S. Attorney filed suit requesting that the federal district court order Bundy to remove his cattle and pay outstanding grazing fees and fines totaling now more than $150,000.

• In October 1998, the BLM approved a new Resource Management Plan for the Las Vegas Field Office. The plan allowed for the closure of grazing allotments in critical tortoise habitats, including the Bunkerville allotment.

• On November 3, 1998, United States District Judge Johnnie Rawlinson permanently enjoined Bundy from grazing his livestock within the Bunkerville allotment. Rawlinson assessed fines against Bundy, affirmed federal authority over federal land, and wrote that “[t]he government has shown commendable restraint in allowing this trespass to continue for so long without impounding Bundy’s livestock.” Cite.

• Bundy refused to comply with the order. He filed an emergency motion for stay to try and halt the court ruling while he appealed the case to the Ninth Circuit Court.

• On May 14th, 1999, the Ninth Circuit Court denied Bundy’s appeal and upheld the district court decision ordering the removal of Bundy’s cattle from the Bunkerville allotment. Cite.

• On September 17th, 1999, after Bundy refused to comply with the court’s earlier orders, the Federal District Court again ordered Bundy to comply with the earlier permanent injunction and assessed additional fines.

• In December 1998, in order to mitigate harm to desert tortoise from urban sprawl, Clark County purchased the federal grazing permit to the Bunkerville Allotment for $375,000. The county retired the allotment to protect the desert tortoise. With the ongoing trespass cattle, Clark County inquired as to the rights of Cliven Bundy to be on the allotment. In a July, 2002 memo the BLM stated that the “Mr. Bundy has no right to occupy or graze livestock in the Bunkerville grazing allotment. Two court decisions, one in Federal District Court and another in the Circuit Court of Appeals,
fully supports our positions.”

• On April 2, 2008 the BLM sent Bundy a notice of cancellation, cancelling Bundy’s range improvement permit and a cooperative agreement. The notice called for the removal of his range improvements, such as gates and water infrastructure.

Cattle have been grazing in the vast Gold Butte area since an armed standoff between the government and self-styled militia in 2014.
Kirk Siegler/NPR

• On May 9, 2008 Cliven Bundy sent a document entitled “Constructive Notice” to local, county, state, and federal officials, including the BLM. It claimed that Bundy had rights to graze on the Bunkerville Allotment; it called on state and county officials to protect those rights from the federal government; and it responded to the BLM’s April 2 Notice of Cancellation by saying he has not ignored it, and that he will do whatever it takes to protect grazing rights.

• In 2011, BLM sent Bundy a cease-and-desist order and notice of intent to roundup his trespass cattle.

• In 2012, BLM aerial surveys estimated about 1000 trespass cattle remained.

• In April 2012, the BLM at the last moment canceled plans to roundup trespass cattle to ensure the safety of people involved in the roundup after Cliven Bundy made violent threats against BLM.

• On July 2013, U.S. District Court of Nevada again affirmed that Bundy has no legal rights to graze cattle. It ordered Bundy to remove his cattle from public lands within 45 days and authorized the U.S. government to seize and impound any remaining cattle thereafter. Cite.

• In October 2013, after an appeal by Bundy, the federal court again affirmed that Bundy had no legal right to graze cattle on federal public lands. The court ordered the removal of cattle within 45 days and ordered Bundy not to interfere with the round-up. Cite.

• In March 2014, the BLM issued a notice of intent to impound Bundy’s trespass cattle and closed the area to the public for the duration of the action.

• On April 5, 2014 the roundup began.

• On April 9, 2014 heavily armed militia from across the U.S. converged on the Bundy ranch to confront federal officials conducting the roundup.

• On April 12, about 300 cattle that had been rounded up and held in a corral were released by the BLM after the heavily armed militia confronted and aimed rifles at federal agents. The BLM canceled the roundup out of safety concerns for employees and the public.

• In April 2015, Bundy held a weekend barbecue and “Liberty Celebration” to mark the one-year anniversary of the standoff.

• In June, 2015, shots were fired near public land surveyors working in the Gold Butte area. BLM orders all employees to stay away from Gold Butte.

• On Feb 11, 2016, Cliven Bundy was arrested at the Portland, Oregon airport on his way to support his son’s paramilitary occupation of the Malheur National Wildlife Refuge in Oregon.

• As of February, 2017, Bundy’s trespass cattle continue to graze illegally on federal public lands near Gold Butte.

Lawsuit Targets Trump’s Border Wall, Enforcement Program

     by Center for Biological Diversity

TUCSON, Ariz.— The Center for Biological Diversity and Congressman Raúl M. Grijalva, who serves as ranking member of the House Committee on Natural Resources, today sued the Trump administration over the proposed border wall and other border security measures, calling on federal agencies to conduct an in-depth investigation of the proposal’s environmental impacts.

Today’s suit, filed in the U.S. District Court for the District of Arizona, is the first targeting the Trump administration’s plan to vastly expand and militarize the U.S.-Mexico border, including construction of a “great wall.”

“Trump’s border wall will divide and destroy the incredible communities and wild landscapes along the border,” said Kierán Suckling, the Center’s executive director.

“Endangered species like jaguars and ocelots don’t observe international boundaries and should not be sacrificed for unnecessary border militarization. Their survival and recovery depends on being able to move long distances across the landscape and repopulate places on both sides of the border where they’ve lived for thousands of years.”

The lawsuit seeks to require the U.S. Department of Homeland Security and U.S. Customs and Border Protection to prepare a supplemental “programmatic environmental impact statement” for the U.S.-Mexico border enforcement program.

The program includes Trump’s proposed wall as well as road construction, off-road vehicle patrols, installation of high-intensity lighting, construction of base camps and checkpoints, and other activities. These actions significantly impact the borderlands environment stretching from the Pacific Ocean to the Gulf of Mexico, which is home to millions of people, endangered species like jaguars and Mexican gray wolves, and protected federal lands like Big Bend National Park and Organ Pipe Cactus National Monument.

“American environmental laws are some of the oldest and strongest in the world, and they should apply to the borderlands just as they do everywhere else,” Grijalva said. “These laws exist to protect the health and well-being of our people, our wildlife, and the places they live. Trump’s wall — and his fanatical approach to our southern border — will do little more than perpetuate human suffering while irrevocably damaging our public lands and the wildlife that depend on them.”

Congressman Grijalva’s district is the largest Congressional district in Arizona and includes approximately 300 miles of the U.S./Mexico border.

If successful, today’s lawsuit would require the Trump administration to undertake a comprehensive review of the social, economic and environmental costs of the border wall.

Background
The National Environmental Policy Act requires that federal agencies conduct environmental review of a major federal action or program that significantly affects the quality of the human environment.

The Immigration and Naturalization Service — the precursor to the Department of Homeland Security — last updated the “programmatic environmental impact statement” for the U.S.-Mexico border enforcement program in 2001. That review identified the potential impacts of border enforcement operations, including limited border wall construction, on wildlife and endangered species in particular as a significant issue.  The 2001 analysis was intended to be effective for five years but has never been updated.

In the 16 years since, the U.S.-Mexico border enforcement program and associated environmental impacts have expanded well beyond the predictions of that document, with deployment of thousands of new border agents, construction of hundreds of miles of border walls and fences, construction and reconstruction of thousands of miles of roads, installation of base camps and other military and security infrastructure, among numerous other actions.

During that same time, scientific understanding of the impacts of border walls and other border enforcement activities on wildlife and endangered species including jaguars, ocelots, Mexican gray wolves and cactus ferruginous pygmy owls has advanced significantly. The U.S. Fish and Wildlife Service has also designated “critical habitat” under the Endangered Species Act within 50 miles of the U.S.-Mexico border for more than 25 species since the outdated 2001 analysis was prepared.

Meanwhile, the number of undocumented migrants moving through the southwestern borderlands is at a historic low, and the border is more secure than it’s ever been.

Headlines Should Read, “Marines to Kill Tortoises”

Headlines Should Read, “Marines to Kill Tortoises”

Featured image: Desert Tortoise (Gopherus agassizii), as observed by the author in the spring of 2016

     by

This spring, if all goes as planned, the Marines will kill hundreds of Desert Tortoises in southern California.. This is not the first such tortoise kill, but it could very well set a new record-high number.

This assault was originally scheduled for last spring, in 2016 (with the full approval of the Obama administration), and was put off for a year only because of a lawsuit filed by an environmentalist organization. Now, with all chances for legal appeal passed, it is set to commence in late March or April in the Mojave Desert.

So what’s the story?

In 2013, Congress voted to expand the Marine Corps Air Ground Combat Center at Twentynine Palms, California—which was already the largest Marine base in the world—by annexing 88,000 acres (about 136 square miles) from the Bureau of Land Management’s Johnson Valley Off-Highway Vehicle Recreation Area, to the west of the base in the Mojave Desert.

This area is part of the ancestral home of the Desert Tortoise (Gopherus agassizii), a species that has lived there for many thousands of years, since the days when it was wetter. As the climate gradually dried out, the tortoise adapted by spending more time underground. In our contemporary age, they are in their burrows over 90% of the time! In the spring, when wildflowers brought by winter rains are flourishing, the tortoises emerge to eat and mate. They generally live 35-50 years, with reports of particular specimens reaching 80.

Though Desert Tortoises thrived at populations of up to 1000 individuals per square mile at the beginning of the 20th Century, their numbers have fallen drastically since then. Human activities are to blame including ranching, roads, agriculture, industry, military operations, off-highway recreation (“wreckreation”), urban encroachment, and in recent years, solar and wind projects. Also, with Global Warming, the climate is changing faster than the tortoise can adapt. In the last decade, the tortoise population has fallen by 50% in the western Mojave Desert, where the Twentynine Palms Marine base is located.

Desert Tortoises are listed as “threatened with extinction” by the federal government. Because of this status, it is illegal for anyone—even the military—to “harm” or “harass” them. The Marines plan to use the annex for training with tanks and live ammunition, which would certainly result in both harm and harassment, so they sought to move the tortoises somewhere else, although this too would cause harm and harassment. After a legal delay of one year forced upon them by the Center for Biological Diversity, an environmental group based in Tucson, Arizona, the Marines now have the go-ahead to start “translocating” the animals, as soon as late March.

This is where the killing starts.

There is enough data from attempted tortoise translocations in the past to make estimates about how this latest effort will go. Though the rates of survival have varied from project to project, they are often no better than 50%. (See Desert Tortoise Recovery: Science and Politics Clash.) This particular translocation at the Twentynine Palms base will be the largest so far attempted, of over 1100 animals. So it would not be surprising if at least 500 deaths resulted, and perhaps far more.

This number includes about 900 adult animals (of 180mm in size or larger) who were tagged with radio-transmitters as they were found over the last three years. An additional 235 were too small for transmitters and were moved to the base where the Marines have been raising them. (So some tortoises have already been disturbed.)

How are the tortoises found in the first place and what’s it look like to round them up? For an answer to this question, I contacted Laura Cunningham, a biologist who works with Basin & Range Watch and who has participated in tortoise translocation projects herself. She also detailed how other animals are affected when tortoises are removed. It is worth quoting her at length:

“Here is the basic mechanics of tortoise translocation: after placing tortoise exclusion fencing around a project, biologists do a ‘Clearance Survey’ which entails dozens of biologists walking in straight lines criss-crossing the project area, all carefully walking a certain length apart and following GPS coordinates. Any tortoise found above ground is radio-transmittered [if it hasn’t been already] and carefully moved into transport boxes and readied for translocation (which is going to be partly by helicopter for 29 Palms Marine Base). Each biologist carries a shovel. All burrows encountered are dug out to locate any tortoise underground. These tortoises are also carefully removed. Two or three sweeps are needed usually to find all the adults. Even then sometimes a few are missed and found later. Many of the tiny juvenile tortoises are missed, those the size of a silver dollar—they are crushed in machinery later or buried alive or impacted later during tank maneuvers.

“Digging out burrows of this keystone species, the tortoise, is difficult because it ripples across the desert ecosystem: so many other species depend on the digging abilities of the tortoise with its long front claws. Burrowing owls, rattlesnakes, lizards, tarantulas, and other species utilize the burrows. They must be dealt with as well. Rattlesnakes are left in the desert to fend for themselves. Burrowing owls are being given increasingly careful attention, if their sign is found at a burrow, the owls are watched to see when they fly out and the burrow is closed up so they cannot return. The idea is to try to get the owls to move away to another location outside the area. But I am not sure anyone has a good idea how many burrowing owls die when they are flushed from their burrow and become homeless. There are new agency guidelines to try to limit impacts to this species, which also may need federal listing under the ESA [Endangered Species Act] as it too is declining.

“Desert kit foxes dig their own burrows, but biologists must dig out those burrows to in case a tortoise is living there. So kit foxes are also displaced, and guidelines are followed to try to make this enforced homelessness have the least impacts as possible. But again, little studied. A canine distemper outbreak happened on the Genesis Solar Energy Project in the Chuckwalla Valley, killing some. Coyotes and badgers are also displaced. In parts of southern Nevada and eastern California deserts, rare Gila monsters are displaced from burrows as well.”

Additionally, the areas into which the tortoises are to be moved seem less than ideal as they already host tortoise populations that are in decline. According to Ileene https://sub.media/video/endciv-3/Anderson, a biologist for the Center for Biological Diversity whom I contacted for this story, the reasons for this decline are not entirely known but include elements that can be controlled such as grazing, off-road recreation and predation and others that are more difficult to control such as drought and disease. “Until the controllable ones are controlled,” Anderson said, “it does not bode well for the translocated or resident tortoises since they will now be competing for resources.”

Two animals that are commonly predators of tortoises are coyotes and ravens, who are both native to the Mojave Desert too. According to the Press Enterprise, the Marines have already announced that if coyotes are a problem, they will shoot them. According to the LA Times, some have already been “removed” by state wildlife authorities.

As I was finishing this story, I got word through Basin & Range Watch that the Marines at the Twentynine Palms base are hosting Coyote hunts on March 25th and 26th. The Marines’ announcement stated: “The purpose of the depredation program is to reduce the numbers of coyotes that are unnaturally inflated in the local area due to human subsidies. Elevated coyote numbers prove a safety risk to residents, and are a significant factor in the mortality of the desert tortoise.” The response to this news by Basin & Range Watch reads, in part: “The so-called mitigation of killing coyotes is a false action that will not help recover the tortoise, and will only disrupt desert ecosystems more. Coyotes are a native, natural species that belong to the Mojave Desert. Tanks, Humvees, bombing, live-fire exercises, and military maneuvers do not belong to the desert. The military has enough land to carry out tests and training, they do not need to keep expanding.”

The ravens might be luckier as they are protected under the Migratory Bird Treaty Act, though some have already been killed by “wildlife authorities.” The LA Times ran a story about how the Marines plan to use non-harmful lasers to scare the ravens away. The article also said that “the anti-raven arsenal” “includes ‘techno-tortoises’: highly realistic replicas of baby tortoises that, when pecked or bitten, emit irritants derived from grape juice concentrate, a chemical compound already used to keep birds from congregating on agricultural fields and commercial centers.” However, as John Marzluff, a wildlife biologist at the University of Washington and expert on raven behavior who was quoted in the same Times article said: “My concerns are that we don’t really know how long these forms of aversion therapy will last among raven populations, which are very clever at responding to challenges.” And then what? More killing?

Not all of the tortoises will be subject to translocation. Some will be subject to staying, to face the tanks and live ammunition. Any tortoises that show signs of communicable disease will be left behind, so as not to infect healthy tortoises in the new area. Anderson estimates these would number 100 or less. She thinks that the Marines “might” monitor these animals to see if they survive.

Summing up the desert tortoise’s plight, Ileene Anderson said that “this species is continuing to decline throughout its range, and continually decreasing its habitat—whether that be through military expansions or other types of development—will only be detrimental to recovery efforts, because the tortoise needs habitat in order to survive, just like every other species on the planet.”

* * *

Militarism is problematic, to say the very very least, for many many reasons. We might first mourn the human casualties, of course; those killed, maimed or made homeless or stateless. We might also think of the cities turned to rubble, with their art and history buried or burned. We might consider, too, the immense monetary cost of all of it, and how every bomb is, in a very real way, stealing food out of someone’s mouth or a roof from over their heads. But rarely do we consider the affected ecosystems and their inhabitants. (One exception is this excellent article by Joshua Frank: Afghanistan: Bombing the Land of the Snow Leopard.)

Unfortunately, the military is seeking to expand into other desert areas (such as in Nevada). In protesting or attempting to curtail these expansions, I would hope to see some collaboration between activists who oppose war and those who support animal rights.

* * *

How the Media Whitewashes Stories Like This

An AP story about the planned translocation from Twentynine Palms ends with the sentence, “Critics say the move will devastate the threatened species.” Considering the facts, this way of putting it is pretty flip and really only just short of dismissive. Which is why I titled this piece, “Headlines should read, ‘Marines to Kill Tortoises’.” Because it’s a fact that they will and somebody ought to just say it.

When we speak of the bias of the corporate media, we are referring to multiple aspects. In general, there is bias in favor of the wealthy, the conventional and the institutional and against the poor, unconventional and the individual. For example, anyone who has ever attended a boisterous protest and then watched the TV coverage of it afterwards will have noticed the corporate media bias against protesters and in favor of the police. If the police attacked the protesters, this will almost assuredly be described as, “protesters clashed with police.”

There is also a bias in the media in favor of stressing stated intent and brushing aside likely consequences when the consequences will be negative. This one is subtle but universal. As far as the media’s point of view is concerned, it’s not that tortoises are sure to die, it’s only that the Marines plan to move them, and, it is implied, move them safely. But it is sure that tortoises will die. Just as it is sure that civilians will be killed when cities are bombed, even if the intent is “humanitarian” and the targets “terrorists.”

“Collateral” is the word typically used by the media to describe the deaths of civilians in warfare, and it would be their style to apply it to tortoises killed by translocation. Wiktionary defines this sense of that adjective as “being aside from the main subject, target, or goal; tangential, subordinate, ancillary.” But if such death is inevitable, how can it be separated from the “main subject”? How can it be considered “tangential”?

There is a fundamental dishonesty in every news story that presents stories in this fashion. It’s called “white-washing.” Because all our information is spoon-fed to us in this same sanitized way, we first of all never think about it and secondly, have little collective knowledge (and hence concern) about what’s going on in the world, and how the US and its policies affect other people, living things, and the planet at large.

It is a measure of our misbegotten privilege that we can live in such a state of denial at all, in a bubble. And it is violence that empowers that privilege in the first place. It is upon the graves of Indians and the whipped backs of slaves that the US gained its power and it is through the military and economic subjugation of much of the world at large that it is now sustained. There’s nothing “collateral” about any of the suffering and damage that results from this system.

What do the poor tortoises have to do with any of it? Nothing, obviously, but this is the way of empire, that they must suffer too.

One Does Not Hate When One Can Despise: On Donald Trump and How We Got Here

     by Derrick Jensen

When I find myself in times of trouble, I’m less interested in Mother Mary’s wisdom than I am in Joe Hill’s: Don’t mourn; organize.

There’s a sense in which Trump’s election is a surprise, similar to how we somehow seem to be continually surprised when easily predictable negative consequences of this way of life come to pass. So we’re surprised when bathing the world in insecticides somehow causes crashes in insect populations, when covering the world in endocrine disrupters somehow leads to the disruption of endocrine systems, when damming and dewatering rivers somehow kills the rivers, when murdering oceans somehow murders oceans, when colonialism somehow destroys the lives of the colonized, when capitalism somehow destroys communities and the natural word, when rape culture somehow leads to rape, and so on. And we’re surprised when a racist, woman-hating culture elects a racist man who hates women.

But there are also many senses in which the rise of Trump or someone very like him was entirely predictable.

An empire in decay leads to a desperate push to the fore of values manifested by Trump: woman-hatred, racism, the scapegoating of those who impede empire, and a willingness to do whatever it takes to maintain that empire, to “make America [Greece, Rome, Britain, China] great again.”

When those who have been able to exploit others with impunity find their way of life (and more to the point, the exploitation and entitlement upon which their way of life is based) crumbling, what do they do?

We’ve seen this before. Why did lynchings of African-Americans go up soon after the Civil War and the end of chattel slavery? Why did the KKK rise again in the 1910s and 1920s? What is the relationship between Germany’s economic collapse in the 1920s and the rise of Nazi fascism?

Nietzsche provides one answer: “One does not hate when one can despise.”

So long as one’s exploitation of others proceeds relatively smoothly, one can merely despise those one exploits (despise, from the root de-specere, meaning to look down upon). So long as I have unfettered access to the lives and labor of, say, African-Americans, everything is, from my perspective, A-Okay. But impinge in any way on my ability to exploit, and watch the lynchings begin. The same is true for my access to other so-called resources as well, whether these “resources” are “timber resources,” “fisheries resources,” cheap plastic crap from China, or sexual and reproductive access to women. So long as the rhetoric of superiority works to maintain the entitlement, hatred and direct physical force remain underground. But when that rhetoric begins to fail, force and hatred waits in the wings, ready to explode.

Oh, but we wouldn’t do that, would we? Well, what if someone told you that no matter how much you paid to purchase title to some piece of land, the land itself does not belong to you. No longer may you do whatever you wish with it. You may not cut the trees on it. You may not build on it. You may not run a bulldozer over it to put in a driveway. Would you get pissed? How if these outsiders took away your computer because the process of manufacturing the hard drive killed women in Thailand. They took your clothes because they were made in sweatshops, your meat because it was factory-farmed, your cheap vegetables because the agricorporations that provided them drove family farmers out of business, and your coffee because its production destroyed rain forests, decimated migratory songbird populations, and drove African, Asian, and South and Central American subsistence farmers off their land. They took your car because of global warming, and your wedding ring because mining exploits workers and destroys landscapes and communities. Imagine if you began losing all of these parts of your life that you have seen as fundamental. I’d imagine you’d be pretty pissed. Maybe you’d start to hate the assholes doing this to you, and maybe if enough other people who were pissed off had already formed an organization to fight these people who were trying to destroy your life—I could easily see you asking, “What do these people have against me anyway?”—maybe you’d even put on white robes and funny hats, and maybe you’d even get a little rough with a few of them, if that was what it took to stop them from destroying your way of life. Or maybe you would vote for anyone who promised to make your life great again, even if you didn’t really believe the promises.

The American Empire is failing. Real wages have been declining for decades, for the entire lifetime of most people living today in the U.S. Indeed if real wages peaked in 1973, the last of those who entered the workforce in a time of universally increasing expectations are retiring.  Sure, some sectors of the economy have done well, but what of those left behind? What of those whose livelihoods have been destroyed by a globalized economy, by the shifting of jobs to China, Vietnam, Bangladesh?

What happens to people in a time of declining expectations? What is the relationship between these declining expectations and the rise of fascism?

Two decades ago now a long-time activist said to me that Walmart and its cheap plastic crap was the only thing standing between the United States and a fascist revolution.

But cheap plastic crap can only put off fascism for so long.

There’s a difference between the ends of previous empires and the end of the current empire. That difference is global ecological collapse. Empires are always based not only on the exploitation of the poor but on the existence of new frontiers. Any expanding economy–and all empires are by definition expanding economies—need to continue expanding or collapse. America grew because there was always another ridge to cross with another forest to cut on the far side, always another river to dam, another school of fish to find and net. And the forests are gone. The rivers are gone. The fish are gone. The pyramid scheme upon which both civilization and more recently capitalism are based has reached its endgame.

And rather than honestly and effectively addressing the predicament into which not only we ourselves but the world has been pushed, it’s far easier to lie to ourselves and to each other. For some—and Democrats generally choose this lie—the lie can be that despite all evidence, capitalism need not be destructive of the poor and of the natural world, that the “invisible hand of Adam Smith” can, as Bill Clinton put it, “have a green thumb.” We just have to do capitalism nicely. And another lie—this one more favored by Republicans and manifested by Trump—is that the sources of our misery do not inhere in capitalism but rather come from Mexicans “stealing our jobs” and not remembering their proper place, from women no longer remembering their proper place, from African Americans no longer remembering their proper place. Their proper place of course being in service to us. And of course those damn environmentalists—“Enviro-Meddlers,” as some call them—are to blame for denying us access to that last one percent of old growth forest, that last one percent of fish. This lie blames anyone and anything other than the end of empire.

All of which brings us to the Democrats’ responsibility for Trump’s election. There has not been a time in my adult life—I’m 55—when Democrats have maintained more than the barest pretense of representing people over corporations. Through this time Democrats have functionally played good cop to the Republicans’ bad cop, as Democrats have betrayed constituency after constituency to serve the corporations that we all know really run the show. For generations now Democrats have known and taken for granted that those of us who care more for the earth or for justice or sanity than we do increased corporate control will not jump ship and support the often open fascists on “the other side of the aisle,” so these Democrats have calmly sidled further and further to the right.

Bad cop George Bush the First threatened to gut the Endangered Species Act. Once he had us good and scared, in came good cop Bill Clinton, who did far more harm to the natural world than Bush ever did by talking a good game while gutting the agencies tasked with overseeing the Act. Clinton, like any good cop in this farcical play, claimed to “feel our pain” as he rammed NAFTA down our throats.

What were we going to do? Vote for Bob Dole? Not bloody likely.

Obama made a big deal of delaying the Keystone XL as he pushed to build other pipeline after other pipeline, and as he opened up ever more areas to drilling. He pretended to “wage a war on coal” while expanding coal extraction for export.

What were we going to do? Vote for Mitt Romney?

For too long the primary and often sole argument Democrats have used in election after election is, “Vote for me. At least I’m not a Republican.” And as terrifying as I find Trump, Giuliani, Gingrich, Ryan, et al, this Democratic argument is not sustainable. Fool me five, six, seven, eight times, and maybe at long last I won’t get fooled again.

What we must finally realize is that the good cop act is, too, simply an act, and that neither the good cops nor the bad cops have ever had our interests at heart.

The primary function of Democrats and Republicans alike is to take care of business. The primary function is not to take care of communities. The primary function is not to take care of the planet. The primary function is to serve the interests of the owning class, by which I mean the owners of capital, the owners of society, the owners of the politicians.

We have seen over the last couple of generations a consistent ratcheting of American politics to the right, until by now our political choices have been reduced to on the one hand a moderately conservative Republican calling herself a Democrat, and on the other a strutting fascist calling himself a Republican. If we define “left” as being at minimum against capitalism, there is no functional left in this country.

For all of these reasons the election of Trump is no surprise.

But there’s another reason, too. The US is profoundly and functionally racist and woman-hating, nature hating, poor hating, and based on exploiting humans and nonhumans the world over. So why should it surprise us when someone who manifests these values is elected? He is not the first. Andrew Jackson anyone?

If that activist was right so many years ago, that cheap plastic crap from Walmart was the only thing standing between us and fascist revolution (and of course this cheap plastic crap merely pushed this social and natural destructiveness elsewhere) then he had to know also that cheap plastic crap is not a long term bulwark against fascism. It can only keep those chickens at bay for so long before they come home to roost.

The good cop/bad cop game is a classic tool used by abusers. You can do what I say, or I can beat you. You can sell me your cotton for 50 cents on the dollar, or I can hang you on a tree next to the last black man who refused my offer. Germans offered Jews the choices of different colored ID cards, and many Jews spent a lot of energy trying to figure out which color was better. But the whole point was to keep them busy while convincing them they held some responsibility for their own victimization.

I’ve long been guided by the words of Meir Berliner, who died fighting the SS at Treblinka, “When the oppressors give me two choices, I always take the third.”

By choosing the third I don’t mean simply choosing a third party candidate and perceiving yourself as pure and above the fray, as capitalism still continues to kill the planet.

I mean recognizing the truths about this whole exploitative, unsustainable, racist, woman-hating system. Recognizing that the function of politicians in a capitalist system is to act very much like human beings as they enact what is good for capital, as they facilitate, rationalize, put in place, and enforce a socio-pathological system. Recognizing that capital—including the functionaries of capitalism called “politicians”—will not act in opposition to capital because it is the right thing to do. These functionaries will not act in opposition to capital because we ask nicely. They will not act in opposition to capital because capitalism impoverishes the poor worldwide. They will not act in opposition to capital because capitalism is killing the planet. They will not act in opposition to capital. Period.

The power they wield, and the way they wield it, is not a mistake. It is what capitalism does.

Which brings us to Joe Hill. Don’t simply complain about Trump. Don’t simply throw up your hands in despair. Don’t fall into the magical thinking that the good cops would, if just unhindered by those bad cops, do the right thing or act in your best interests. Don’t fall into the magical thinking that capitalists will act other than they do. And certainly don’t take for granted that somehow magically we and the world will get out of this predicament, that somehow magically an anti-capitalist movement will spontaneously generate, or an anti-racist movement, a pro-woman movement, a movement to stop this culture from killing the planet. These movements emerge only through organized struggle. And someone has to do the organizing. Someone has to do the struggling. And it has to be you, and it has to be me.

A doctor friend of mine always says that the first step toward cure is proper diagnosis. Diagnose the problems, and then you become the cure.

You make it right.

So what I want you to do in response to the election of Donald Trump is to get off your butt and start working for the sort of world you want. Don’t mourn the election of Trump, organize to resist his reign, and organize to destroy the stranglehold that the Capitalist Party has over political processes, the stranglehold that capitalists and racists and woman-haters have over the planet and over all of our lives.

For more of Derrick Jensen’s analysis of racism, hatred, and the violence of civilization, see his book The Culture of Make Believe

Groups Sue Government Agencies for Yellowstone Bison ESA Protections

Groups Sue Government Agencies for Yellowstone Bison ESA Protections

     by Buffalo Field Campaign

Buffalo Field Campaign (BFC), Friends of Animals (FoA) and the Western Watersheds Project have filed a lawsuit against the US Department of the Interior and U.S. Fish & Wildlife (USFWS) for failing to provide Endangered Species Act (ESA) protections for the distinct population (comprised of at least two herds) segment of bison in Yellowstone National Park in response to two citizen petitions.

“What an insult to the American public that the wild bison, who was named our first national mammal in May, continues to be slaughtered because of pressure from the meat industry and ranchers grazing their doomed cattle and sheep,” said Priscilla Feral, president of Friends of Animals. “These herds are obviously in a place where they should already be protected.”

The 4,500 bison in Yellowstone National Park are the only genetically pure bison herds of that size in America. But hundreds are slaughtered every year when snow and ice cover the bison’s food and hunger pushes them to lower elevations across the park boundary in Montana. When they cross this arbitrary line, the buffalo enter a zone of violent conflict with cattle and sheep ranchers.

“Protection under the Endangered Species Act is needed to counter these management inadequacies and to get state and federal agencies to address the threats these bison face,” added Michael Connor, California director of Western Watersheds Project and author of the listing petition. “Instead of allowing these bison to behave like bison and move with the seasons, government agencies are practicing indiscriminate killing that is reducing their genetic diversity.”

The lawsuit states that in issuing a negative 90-day determination on the petitions to list the bison as threatened or endangered, USFWS failed to rely upon the best available science, applied an incorrect legal standard to the petition and ignored the plain language of the ESA, which requires that any species threatened by one or more of five factors shall be designated as endangered or threatened.

Michael Harris, director of Friends of Animals’ Wildlife Law Program, points out that USFWS failed to consider that the curtailment of habitat has already resulted in placing the Yellowstone bison at risk of extinction. USFWS deems the population status to be stable, however under the ESA, the agency is required to not only look at the current numbers of bison, but how much of the bisons range has already been destroyed. Bison historically occupied approximately 20,000 square kilometres and presently only 3,175 square kiometres within the boundaries of Yellowstone National Park serve as principal bison habitat.

“There were millions and millions of acres that were available to the bison that are no longer available to them because of cattle and sheep ranching. Their range has been curtailed by 90 percent, and that alone should be enough to warrant a listing,” Harris said.

“America’s national mammal, the wild bison, is threatened with extinction because of the actions of the agencies entrusted with protecting them,” added Dan Brister, executive director of Buffalo Field Campaign. “The Department of Interior should base its decisions on the best available science, not political pressure from the livestock industry.”

The groups’ petition to list Yellowstone bison is available online at:
Buffalo Field Campaign ESA Petition (PDF)