Editor’s Note: This press release from CELDF (Community Environmental Legal Defense Fund) describes a gag order put against an activist, Tish O’Dell, for talking about her concerns on the use of an industrial byproduct in her community. The gag order was placed in 2012. Since then, tests have affirmed that not only was the product toxic, it is also high in radioactive elements. Lawsuits by big corporations against activists are one of the tools used to shut down any form of resistance. We have talked about it also in the context of the lawsuit against activists and tribal members involved in protecting Thacker Pass. After a decade during which new research has been conducted, Tish O’Dell has appealed for a termination on the gag order.
OHIO, Cuyahoga County – On Friday, June 16, a motion was filed in the Cuyahoga Court of Common Pleas for relief from judgment for Tish O’Dell to terminate the permanent injunction from a Strategic Lawsuit Against Public Participation (SLAPP) filed against her in March 2012 by Duck Creek Energy which claimed defamation and loss of business profits.
O’Dell had been active at the time, educating both her community, elected leaders and neighbors about the harmful effects of urban oil/gas drilling happening in her community of Broadview Heights and surrounding communities by sending emails, posting information online and attending community meetings. In the process, she had learned of Duck Creek Energy’s road de-icer, AquaSalina, which according to Duck Creek Energy President, Dave Mansbery, was a byproduct of oil/gas drilling. O’Dell’s concern increased upon learning, from test results reported to the Ohio Department of Natural Resources (ODNR), about the high levels of substances like benzene, toluene and ethylbenzene contained within the supposedly harmless de-icer. These substances are known to be carcinogenic. She also continued to conduct more research on ODNR’s website and in other places in order to inform herself and educate others as to what takes place during the drilling process and fracking.
“When I learned that AquaSalina was being used on my community’s streets as well as in neighboring communities, I wanted to inform people about what I had learned,” said O’Dell. “I felt people needed to know what was being spread on the roads that they, their kids, and their pets were walking on. And common sense indicated to me that what is spread on our streets gets into our air and our lawns and goes down street drains to water supplies. I knew the oil/gas industry was powerful, but I also believed in my right and everyone’s right to free speech and the right to question the government and their decisions. I had never heard of a SLAPP lawsuit until there was a knock at my front door and the person asked if I was Tish O’Dell and told me ‘You’ve been served’.”
After a year of court filings, depositions, and much pressure directed against O’Dell’s inclination to go to trial, a settlement was signed in the fall of 2013. Part of the settlement involved granting a permanent injunction, an extraordinary remedy in a defamation case, against O’Dell, prohibiting her from using certain words to describe the product AquaSalina. During this time Mansbery began bottling and selling the product on store shelves in local hardware stores and even at several Lowe’s locations in Ohio. This afforded activists and scientists the opportunity to purchase the product and begin testing it. And in the decade since, there has been much research and testing of the product by the state agency ODNR, universities, Rolling Stone Magazine and other publications. The tests affirmed that not only was the product chemically toxic, it is also high in radioactive elements, Radium 226 and 228. In October 2021 the Ohio Department of Transportation stopped using AquaSalina in part because of the environmental concerns.
Because these recent test results and scientific research papers didn’t exist in 2012, O’Dell is filing this motion to dissolve the court order so she can again speak freely and warn people about the dangers of this product to both humans and nature. There have been several attempts over the past few years to pass a law at the state level which would make a commodity out of this drilling byproduct. And with the state opening up leasing of park land for fracking this year, there will be more brine produced.
“SLAPP suits are just another tool used by industry and corporations to silence and intimidate those who speak out against them and their activities,” stated Wyatt Sugrue, Chicago attorney. “The goal is not only to silence journalists, individuals and organizations, but to also make others afraid to speak up. In recent years there have been high profile cases of SLAPP suits against John Oliver and HBO, Mother Jones Magazine and recently Texas Gubernatorial candidate Beto O’Rourke who was served with a SLAPP by the CEO of Energy Transfer Partners, Kelcy Warren.”
As stated in the motion:
The Ohio court system has in essence allowed a limited-purpose public figure, Duck Creek Energy, to immunize itself from public scrutiny, and the court system is acting as the personal police force for the company to stop such scrutiny.
“What I have learned over the past decade is how our system, controlled by an elite minority, is quashing the people’s constitutional rights. I witnessed this first hand working with so many great people across the state who were also attempting to protect their own communities and nature. They inspired me to do this,” stated O’Dell. “I can’t just tell others to stand up for their rights and what they believe in and to have courage even when it seems scary, and not practice what I preach.”
A recent article by EarthJustice, September 2022, sums it up, “We aspire for the courts to be an institution that upholds the rights of all, however, SLAPP suits are a way for the rich and powerful to abuse the court system and turn it into a tool that silences individuals and organizations. SLAPP suits disguise themselves as legitimate lawsuits, and while most end up being dismissed, their real goal is quashing legitimate dissent and protest in the process. Protesting is one of the cornerstones of our democracy, a right so important in the early days of our country that it is explicitly included in the first amendment. One thing is clear. Our courts must uphold this right for everyone and cannot become tools for the rich and powerful to abuse power and limit the ability of all of us to seek justice and speak out against issues impacting our communities.”
In the O’Rourke SLAPP, it has been discovered that Warren, the plaintiff, has also made campaign contributions to six of the nine Texas Supreme Court Justices that could ultimately hear the case.
According to CELDF Attorney Terry Lodge, “Ending the gag order on Tish O’Dell is important to our work as an organization. CELDF works with community members and activists throughout the state and country to assert their constitutional and democratic rights to expose harms and stand up for protecting the community and nature. If the wealthy and powerful can file lawsuits to silence their voices, those must always be opposed.”
Editor’s Note: The following are two press releases by Ox Sam Camp. As communities get more radical against corporations, corporations use their power against them. This is not the first time that this has happened and it will not be the last. As activists, it is necessary for us to understand the risk associated with any action against the system. The earlier we understand this, the better we can strategize.
The article is followed by a short reflection piece by Elisabeth Robson on the need for the environmental movement to put our allegiance with the natural world, as is demonstrated in this fight to protect Thacker Pass.
Ox Sam Camp Raided by Police at Thacker Pass
One Arrested as Prayer Tipis Are Dismantled and Ceremonial Items Confiscated
THACKER PASS, NV — On Wednesday morning, the Humboldt County Sheriff’s department on behalf of Lithium Nevada Corporation, raided the Ox Sam Newe Momokonee Nokutun (Ox Sam Indigenous Women’s Camp), destroying the two ceremonial tipi lodges, mishandling and confiscating ceremonial instruments and objects, and extinguishing the sacred fire that has been lit since May 11th when the Paiute/Shoshone Grandma-led prayer action began.
One arrest took place on Wednesday at the direction of Lithium Nevada security. During breakfast, law enforcement arrived. Almost immediately without warning, a young Diné female water protector was singled out by Lithium Nevada security and arrested, not given the option to leave the camp. Two non-natives were allowed to “move” in order to avoid arrest. The Diné woman was quickly handcuffed and subsequently loaded into a sheriff’s SUV for transport to Winnemucca for processing.
While on the highway, again without warning or explanation, she was transferred into a windowless, pitch-black holding box in the back of a pickup truck. “I was really scared for my life,” the woman said. “I didn’t know where I was or where I was going. I know that MMIW is a real thing, and I didn’t want to be the next one.” She was transported to Humboldt County Jail, where she was charged with criminal trespass and resisting arrest, then released on bail.
Just hours before the raid, Ox Sam water protectors could be seen for the second time this week bravely standing in the way of large excavation equipment and shutting down construction at the base of Sentinel Rock.
To many Paiute and Shoshone, Sentinel Rock is a “center of the universe,” integral to many Nevada Tribes’ way of life and ceremony, as well as a site for traditional medicines, tools, and food supply for thousands of years. Thacker Pass is also the site of two massacres of Paiute and Shoshone people. The remains of the massacred ancestors have remained unidentified and unburied since 1865, and are now being bulldozed and crushed by Lithium Nevada for the mineral known as “the new white gold.”
Since May 11th, despite numerous requests by Lithium Nevada workers, the Humboldt County Sheriff Department has been reticent and even unwilling to arrest members of the prayer camp, even after issuing three warnings for blocking Pole Creek Road access to Lithium Nevada workers and sub-contractors, while allowing the public to pass through.
“We absolutely respect your guys’ right to peacefully protest,” explained Humboldt County Sheriff Sean Wilkin on May 12th. “We have zero issues with [the tipi] whatsoever… We respect your right to be out here.”
On March 19th the Sheriff arrived again, serving individual fourteen-day Temporary Protection Orders against several individuals at camp. The protection orders were granted by the Humboldt County Court on behalf of Lithium Nevada based on sworn statements loaded with misrepresentations, false claims, and, according to those targeted, outright false accusations by their employees. Still, Ox Sam Camp continued for another week. The tipis, the sacred fire, and the prayers remained unchallenged for a total of twenty-seven days of ceremony and resistance.
The scene at Thacker Pass this week looked like Standing Rock, Line 3, or Oak Flat. As Lithium Nevada’s workers and heavy equipment tried to bulldoze and trench their way through the ceremonial grounds surrounding the tipi at Sentinel Rock, the water protectors put their bodies in the way of the destruction, forcing work stoppage on two occasions.
Lithium Nevada’s ownership and control of Thacker Pass only exists because of the flawed permitting and questionable administrative approvals issued by the Bureau of Land Management (BLM). BLM officials have refused to acknowledge that Peehee Mu’huh is a sacred site to regional Tribal Nations and have continued to downplay and question the significance of the double massacre through two years of court battles.
Three tribes — the Reno-Sparks Indian Colony, Summit Lake Paiute Tribe, and Burns Paiute Tribe — remain locked in litigation with the Federal Government, challenging the BLM’s permit process from the beginning. The tribes filed their latest response to the BLM’s Motion to Dismiss on Monday. BLM is part of the Department of the Interior, which is led by Deb Haaland (Laguna Pueblo).
On Wednesday, at least five Sheriff’s vehicles, several Lithium Nevada worker vehicles, and two security trucks arrived at the original tipi site that contained the ceremonial fire, immediately adjacent to Pole Creek Road. The one native water protector was arrested without warning, while others were issued with trespass warnings and allowed to leave the area. Once the main camp was secured, law enforcement then moved up to secure and dismantle the tipi site at Sentinel Rock, a mile away.
There is a proper way to take down a tipi and ceremonial camp, and then there is the way Humboldt County Sheriffs proceeded on behalf of Lithium Nevada Corporation. Tipis were knocked down, tipi poles were snapped, and ceremonial objects and instruments were rummaged through, mishandled, and impounded. Empty tents were approached and secured in classic SWAT-raid fashion. One car was towed. As is often the case when lost profits lead to government assaults on peaceful water protectors, Lithium Nevada Corporation and the Humboldt County Sheriffs have begun to claim that the raid was done for the safety of the camp members and for public health.
Josephine Dick (Fort McDermitt Paiute-Shoshone), who is a descendent of Ox Sam and one of the matriarchs of Ox Sam Newe Momokonee Nokutun, made the following statement in response to the raid:
“As Vice Chair of the Native American Indian Church of the State of Nevada, and as a Paiute-Shoshone Tribal Nation elder and member, I am requesting the immediate access to and release of my ceremonial instruments and objects, including my Eagle Feathers and staff which have held the prayers of my ancestors and now those of Ox Sam camp since the beginning. There was also a ceremonial hand drum and medicines such as cedar and tobacco, which are protected by the American Indian Religious Freedom Act.
In addition, my understanding is that Humboldt County Sherriff Department along with Lithium Nevada security desecrated two ceremonial tipi lodges, which include canvasses, poles, and ropes. The Ox Sam Newe Momokonee Nokutun has been conducting prayers and ceremony in these tipis, also protected by the American Indian Religious Freedom Act. When our ceremonial belongings are brought together around the sacred fire, this is our Church. Our Native American Church is a sacred ceremony. I am demanding the immediate access to our prayer site at Peehee Mu’huh and the return of our confiscated ceremonial objects.
The desecration that Humboldt County Sherriffs and Lithium Nevada conducted by knocking the tipis down and rummaging through sacred objects is equivalent to destroying a bible, breaking The Cross, knocking down a cathedral, disrespecting the sacrament, and denying deacons and pastors access to their places of worship. It is in direct violation of my American Indian Religious Freedom rights. This violation of access to our ceremonial church and the ground on which it sits is a violation of Presidential Executive Order 13007.
The location of the tipi lodge that was pushed over and destroyed is at the base of Sentinel Rock, a place our Paiute-Shoshone have been praying since time immemorial. After two years of our people explaining that Peehee Mu’huh is sacred, BLM Winnemucca finally acknowledged that Thacker Pass is a Traditional Cultural District, but they are still allowing it to be destroyed.”
Josephine and others plan to make a statement on live stream outside the Humboldt County Sheriff’s Office in Winnemucca on the afternoon of Friday, June 9th around 1pm.
Another spiritual leader on the front lines has been Dean Barlese from the Pyramid Lake Paiute Tribe. Despite being confined to a wheelchair, Barlese led prayers at the site on April 25th which led to Lithium Nevada shutting down construction for a day, and returned on May 11th to pray over the new sacred fire as Ox Sam camp was established.
“This is not a protest, it’s a prayer,” said Barlese. “But they’re still scared of me. They’re scared of all of us elders, because they know we’re right and they’re wrong.”
Land Defenders Arrested, Camp Raided After Blocking Excavator
First arrests are underway and camp is being raided after land defenders halted an excavator this morning at Thacker Pass.
6/7/23
OROVADA, NV — This morning, a group of Native American water protectors and allies used their bodies to non-violently block construction of the controversial Thacker Pass lithium mine in Nevada, turning back bulldozers and heavy equipment.
The dramatic scene unfolded this morning as workers attempting to dig trenches near Sentinel Rock were turned back by land defenders who ran and put their bodies between heavy equipment and the land.
Now they are being arrested and camp is being raided.
Northern Paiute and Western Shoshone people consider Thacker Pass to be sacred. So when they learned that the area was slated to become the biggest open-pit lithium mine in North America, they filed lawsuits, organized rallies, spoke at regulatory hearings, and organized in the community. But despite all efforts over the last three years, construction of the mine began in March.
That’s what led Native American elders, friends and family, water protectors, and their allies to establish what they call a “prayer camp and ceremonial fire” at Thacker Pass on May 11th, when they setup a tipi at dawn blocking construction of a water pipeline for the mine. A second tipi was erected several days later two miles east, where Lithium Nevada’s construction is defacing Sentinel Rock, one of their most important sacred sites.
Sentinel Rock is integral to many Nevada Tribes’ worldview and ceremony. The area was the site of two massacres of Paiute and Shoshone people. The first was an inter-tribal conflict that gave the area it’s Paiute name: Peehee Mu’huh, or rotten moon. The second was a surprise attack by the US Cavalry on September 12th, 1865, during which the US Army slaughtered dozens. One of the only survivors of the attack was a man named Ox Sam. It is some of Ox Sam’s descendants, the Grandmas, that formed Ox Sam Newe Momokonee Nokotun (Indigenous Women’s Camp) to protect this sacred land for the unborn, to honor and protect the remains of their ancestors, and to conduct ceremonies. Water protectors have been on-site in prayer for nearly a month.
On Monday, Lithium Nevada Corporation also attempted to breach the space occupied by the water protectors. As workers maneuvered trenching equipment into a valley between the two tipis, water protectors approached the attempted work site and peacefully forced workers and their excavator to back up and leave the area. According to one anonymous land defender, Lithium Nevada’s action was “an attempted show of force to fully do away with our tipi and prayer camp around Sentinel Rock.”
Ranchers, recreationists, and members of the public have been allowed to pass without incident and water protectors maintain friendly relationships with locals. Opposition to the mine is widespread in the area, and despite repeated warnings from the local Sheriff, there have been no arrests. Four people, including Dorece Sam Antonio of the Fort McDermitt Paiute-Shoshone Tribe (an Ox sam descendant) and Max Wilbert of Protect Thacker Pass, have been targeted by court orders barring them from the area. They await a court hearing in Humboldt County Justice Court.
“Lithium Nevada is fencing around the sacred site Sentinel Rock to disrupt our access and yesterday was an escalation to justify removal of our peaceful prayer camps,” said one anonymous water protector at Ox Sam Camp. “Lithium Nevada intends to desecrate and bulldoze the remains of the ancestors here. We are calling out to all water protectors, land defenders, attorneys, human rights experts, and representatives of Tribal Nations to come and stand with us.”
“I’m being threatened with arrest for protecting the graves of my ancestors,” says Dorece Sam Antonio. “My great-great Grandfather Ox Sam was one of the survivors of the 1865 Thacker Pass massacre that took place here. His family was killed right here as they ran away from the U.S. Army. They were never buried. They’re still here. And now these bulldozers are tearing up this place.”
Another spiritual leader on the front lines has been Dean Barlese, a spiritual leader from the Pyramid Lake Paiute Tribe. Despite being confined to a wheelchair, Barlese led prayers at the site on April 25th (shutting down construction for a day) and returned on May 11th.
“I’m asking people to come to Peehee Mu’huh,” Barlese said. “We need more prayerful people. I’m here because I have connections to these places. My great-great-great grandfathers fought and shed blood in these lands. We’re defending the sacred. Water is sacred. Without water, there is no life. And one day, you’ll find out you can’t eat money.”
The 1865 Thacker Pass massacre is well documented in historical sources, books, newspapers, and oral histories. Despite the evidence but unsurprisingly, the Federal Government has not protected Thacker Pass or even slowed construction of the mine to allow for consultation to take place with Tribes. In late February, the Federal Government recognized tribal arguments that Thacker Pass is a “Traditional Cultural District” eligible for the National Register of Historic Places. But that didn’t stop construction from commencing.
“This is not a protest, it’s a prayer,” said Barlese. “But they’re still scared of me. They’re scared of all of us elders, because they know we’re right and they’re wrong.”
In the past couple of weeks both The Economist and Mother Jones have published covers showing people embracing industrial objects and exhorting “environmentalists” to get on board with the green building boom.
The Economist cover shows a man hugging a massive steel electric grid pylon and says “Hug Pylons Not Trees: The Growth Environmentalism Needs.” The Mother Jones cover shows a woman hugging an excavator, and says “Yes in Our Backyards: It’s time for progressives to fall in love with the green building boom.”
The latter is made even worse by the fact that it is Bill McKibben saying this. We expect relentless pro-industry, pro-growth propaganda from The Economist. But Mother Jones? Bill McKibben? McKibben begins his article in Mother Jones, Getting to Yes, by saying “I’m an environmentalist” and then proceeds to spend multiple pages telling us exactly how he is not an environmentalist but rather a pro-technology industrialist. To solve our “biggest problems” he pleads with us to “say yes” to “solar panels, wind turbines, and factories to make batteries and mines to extract lithium.”
Max Wilbert, co-founder of Protect Thacker Pass, climbed on top of an excavator on April 25, 2023 to protest the Thacker Pass Lithium Mine, currently being constructed in northern Nevada by Lithium Nevada Corporation. He was there with about 25 other people including Northern Paiute Native Americans Dorece Sam and Dean Barlese, who spent the day blocking mine construction and saying prayers to this land considered sacred by their people.
In Max’s book, Bright Green Lies, he describes “environmentalists” like McKibben as “bright greens”. These “environmentalists” understand that environmental problems exist and are serious, but believe that green technology and consumerism will allow us to continue our current lifestyles indefinitely. As Max writes: “The bright greens’ attitude amounts to: ‘It’s less about nature, and more about us.’”
In his Mother Jones article, McKibben illustrates how he’s less about nature, and all about us (meaning humans, our technologies, and our lifestyles). “Emergencies demand urgency,” he writes, and what he urges us is not to stop destroying nature, the source of all life on planet Earth, but rather to destroy more of it, by building more industry and mining more, for “electrons… a crop we badly need.”
McKibben acknowledges that “repeating the mistakes of our history” by building “a lithium mine on sacred territory in Nevada” is “truly unforgivable,” but then immediately dismisses the concerns of regional tribes by saying that “if we can’t make a quick energy transition, then the impact of that will be felt most by the poorest.” Does he not understand that for many traditional cultures and traditional spiritual practitioners, everywhere is sacred? Does he not understand that everywhere not already destroyed by industry is home to someone — sage-grouse, pronghorn, endangered spring snails, swallows, endangered trout, old growth sagebrush, and so many more? Apparently he does not, or perhaps he doesn’t care, because his article is all about promoting industry, nature be damned.
“So there’s one general rule you could derive: If something makes climate change worse, then we shouldn’t do it,” McKibben writes. I agree. Does McKibben think the 150,000 tons of CO2 the Thacker Pass lithium mine will emit per year don’t count? Clearly those emissions will make climate change worse. Does he think that the carbon emissions caused by digging up thousands of acres of ancient soil at Thacker Pass don’t count either? And what about the 700,000 tons per year of molten sulfur trucked into Thacker Pass from oil refineries; where will that molten sulfur come from if it doesn’t come from oil refineries, and do those oil refineries and their CO2 emissions not count? If we use McKibben’s rule, then clearly the Thacker Pass lithium mine should not be built, and yet he urges us to support more lithium mining.
McKibben and those pursuing the “electrify everything” agenda promoted by The Economist and Mother Jones are stuck in blinders about climate change. McKibben exposes these blinders when he writes: “slowing down lithium mining likely means extending the years we keep on mining coal.” He believes that this is our choice: lithium mining and batteries and electric vehicles, or coal and CO2 emissions. To him and the “electrify everything” crowd those are the only two options.
But there is another option: we can resist industrial culture and work to end it. We can block construction equipment rather than embracing it. We can dramatically lower our profligate energy use — no matter how it’s powered. We can protect the land and the natural communities, including human communities, that depend on unspoiled land, unpolluted soil, clean air, and clean water. We can be real environmentalists, deep green environmentalists, who understand that we must live within the limits of the natural world, and work to transform ourselves, our culture, our economy and our politics to put the health and well-being of the natural world first.
We can be more like Max and Dorece and Dean and the other activists who stood their ground to protect the land at Thacker Pass. We can block excavators, not hug them. Our very lives depend on it.
Editor’s Note: The Indigenous Women of Peehee Mu’huh have set up an Indigenous Women’s Camp (Ox Sam Newe Momokonee Nokutun) blocking the construction of a water pipeline for Lithium Nevada’s open-pit lithium mine. The land is a historic site, and has witnessed two massacres of indigenous people. The following text was written by Paul Cienfuegos, Founding Director, Community Rights US. We share it here to update you on the latest happenings at Thacker Pass. This piece is also a call for action for all to share the word and help the movement in any way that they can. More information can be found at the Indigenous Women’s Camp website oxsam.org. Thank you for reading.
Last Thursday, May 11th, the next nationally significant Standing-Rock-like prayer and action camp at Thacker Pass, Nevada (Pee’hee Mu’huh in the Paiute language meaning “rotten moon” named for the massacre of Paiute ancestors in 1865) was launched to try to stop the construction of what would become the largest open pit lithium mine in the world, as a false and ecologically devastating “green energy solution” to our fossil fuel woes.
I am proud to have played a small role in this just launched camp which only days ago was given a proper name by the Paiute Shoshone women elders who are in charge: Ox Sam Newe Momokonee Nokutum. Ox Sam was one of only a few surviving members of the 1865 massacre of dozens of Native people at Thacker Pass. And Newe Momokonee Nokutum translates as Indigenous Women’s Camp and is open to ALL — Native and non-Native, women and men. (Here’s a pronunciation guide for speaking that beautiful name: New’-weh Moe-moe-koht’-nee Noh-kuh’-duhn.)
Here’s a 1-minute video intro to this issue:
We simply cannot dig our way out of our climate emergency. And if you don’t believe me, I urge you to read Bright Green Lies by Derrick Jensen, full of the hard data we all need to stop lying to ourselves about an electric battery future nirvana. A real solution is a rapid transition first to a steady state or zero-growth economy (which is frankly impossible under capitalism which requires constant growth) followed rapidly by carefully planned, massive and rapid economic shrinkage. There really is no other option if we truly want to see the survival of diverse species thriving on Mother Earth.
And when We the People continue to allow large business corporations to exercise their so-called Constitutional “rights” — of property, of free speech, access to the courts, etc, which were never approved by the public in our nation’s history — our options are limited when We try to stop these outrages against land, water, and people. Because corporations really do have more constitutionally protected “rights” than We do. So we need to tackle this crisis on many fronts. (If you want to learn more about this aspect of the crisis our society is facing, check out my new book.)
If we can stop the Thacker Pass lithium mine this year, then we have a fighting chance to stop the other (dozens?) of planned lithium mines all across the Americas.
For the first few days of the new camp, I played a highly significant support role on site: as the Liaison between those drivers trying to reach the mining operation (workers, mine deliveries, and occasionally just members of the public driving up this rural county road) and the grandmothers who are in charge there. I didn’t hold a leadership position. I didn’t speak for the camp. I simply moved information back and forth between the drivers and the grandmothers, who decide who gets to pass and who does not.
Here’s what my role as Liaison actually looked like on the entrance road in these minute-long videos. This man is one of the mine security supervisors…
Part One:
Part Two:
It has been a scary and intimidating but also incredibly moving and powerful experience for me, and we’ve already stopped dozens of vehicles with our banner held high by camp participants standing across the roadway, and always with a local Native elder in prayer sitting in front of the banner.
Meet three extraordinary leaders of the camp in this 23-minute video:
The sheriff’s office has been in constant communication for days with Lithium Nevada Corporation managers (behind the scenes) as they’ve been going out of their way to not arrest any of us, even though we are creating quite the hassle for their daily operations. What they want, more than anything, is to make this look like it’s led by a handful of white out-of-state eco-freaks so they can mock the camp in their news releases. But the reality is that the camp is 90% Native people, mostly local, and THEY are its leaders.
On Friday evening, we found out that Max Wilbert (co-founder of Protect Thacker Pass) and myself were the only named people in a Temporary Restraining Order (TRO), which the company has put before a judge this weekend, and once it’s approved, they will try to serve Max and myself. I came prepared to risk arrest, so all is well.
Please be advised that Lithium Nevada is filing an Application for Temporary Order for Protection Against Harassment in the Workplace against Max Wilbert and Paul Cienfuegos later this afternoon, in the Justice Court in the Township of Union Humboldt County, Nevada.
All of this in furtherance of the company’s desperate attempt to attach white leadership to the story of this camp, when in reality neither of us has stood in the way of any employee or company vehicle.
The camp currently stands right on top of the company’s ongoing water line construction. One Tipi is now in place, and more on the way. More tents are arriving daily on the company’s BLM-leased land. Or more accurately, on land “beyond the treaty frontier”, as the US government has no treaties in place. The only claim is conquest by which this land was taken from the local Paiute Shoshone communities. So they have more right to be on this land than any other persons or corporations.
Trucks halted at Ox Sam Indigenous Women’s Camp. Photo by Bhie-Cie Zahn-Nahtzu
Which is where YOU come in! And when I say you, I mean YOU, the person reading these words right now!
Please share this information with your own social networks in the next 48 hours.
Standing Rock started when local Native people took a stand against a pipeline. Other Native peoples came to support them. Then the non-Native environmental and social justice movements took notice and started showing up en masse. Major media coverage followed from there. And a historic Native-led mass encampment was born, which shook the consciousness of the nation. We can do this too — here at Thacker Pass, Nevada.
We need all hands on deck NOW. This week. We need bodies. We need supplies. We need media support. We need funds. The small group holding this camp simply cannot sustain itself unless YOU and people YOU know are willing to do SOMETHING to support us THIS WEEK.
I thank all of you reading this, from the bottom of my heart. This is NOT just another single-issue campaign. The success or failure of this effort could have historic impact on the future survival of the extraordinary diversity of creatures here on this beautiful and mysterious orb we call home, floating in the endless blackness of space.
🌎 Join the land defense: Come to Thacker Pass / Peehee Mu’huh and stand with native elders and supporter to protect the land.
🌎 Be Eagle Eyes! Camp at Sentinel Rock, traditional lookout for the Thacker Pass area to keep an eye on the mining construction that is happening up at Thacker Pass. Send us photos and reports via our website.
🌎 Get trained! We need people trained in nonviolent discipline and principles to help educate people for permanent camp.
🌎 Keep the Pressure On! Write op-eds, organize your own protest, make art, write poetry, and get the word out about Peehee Mu’huh / Thacker Pass.
🌎 Share! Share Protect Thacker Pass on social media and with friends.
🌎 Donate! Our legal work to Protect Thacker Pass is intensifying and increasing in cost; please donate if you can. We spend every donated dollar on this 2.5 year fight to Protect Thacker Pass.
Thank you Thacker Pass Warriors! We need you all and so appreciate all you have done to help us.
Editor’s Note: We are witnessing the results of a culture in overshoot. Having extracted everything that is easily accessible on land, corporations are turning to the remote depths of the ocean in search of profitable metals. The fact that deep sea mining is being considered is proof that this way of life can’t last. Industrial mining will, of course, come to an end. And the world will be far better off if the mining is stopped before it destroys the ocean rather than after.
While the fight against deep sea mining has largely focused on areas beyond national jurisdiction, there are many national projects, like the one in Norway, that require opposition.
A living ocean is far more valuable than the metals that can be extracted from it.
Norway is moving forward with plans to mine its continental shelf to procure minerals critical for renewable energy technologies. However, some scientists, members of civil society and even industry leaders have raised concerns about Norway’s proposal, arguing that deep sea mining in this part of the ocean could cause widespread environmental harm.
The nation’s Ministry of Petroleum and Energy has proposed opening up a 329,000-square-kilometer (127,000-square-mile) portion of the Norwegian Sea to deep sea mining, an area nearly the size of Germany. The region overlaps with many marine areas previously flagged by Norwegian research institutes and government agencies as vulnerable or valuable. A study by the Norwegian Petroleum Directorate (NPD), a government agency responsible for regulating petroleum resources, found that this area holds significant quantities of minerals such as magnesium, cobalt, copper, nickel and rare-earth metals. Investigators found these minerals on manganese crusts on seamounts and sulfide deposits on active, inactive or extinct hydrothermal vents at depths of 700-4,000 meters (2,296-13,123 feet).
A sliver of this proposed mining area is within Norway’s exclusive economic zone (EEZ). The rest falls across the adjoining continental shelf — the gently sloping seabed stretching out from Norway’s mainland into the ocean — in international waters beyond Norway’s jurisdiction. However, Norway gained access to the continental shelf that borders its EEZ in 2009 after filing an application with the Commission on the Limits of the Continental Shelf, a U.N. body that manages extended access to the nations’ continental shelves. Norway’s access applies only to the seabed, not the water column or surface waters above the continental shelf.
Guillemots flying in the Svalbard and Jan Mayen region, a vulnerable area. Image by Rob Oo via Flickr (CC BY 2.0).
In 2021, the Norwegian government began working on a mining impact assessment and released it for public consultation in October 2022. It received more than 1,000 responses, most from individuals, research institutes, environment agencies and other groups expressing opposition to Norway’s deep-sea mining plans.
One response came from the Norway Environment Agency, a government bureau under the Ministry of Climate and Environment. The agency raised several issues with the impact assessment, including that it did not provide adequate information about how mining could be done safely and sustainably. The agency argued that this omission violates the country’s Seabed Minerals Act, a legal framework created in 2019 for surveying and extracting minerals on the Norwegian continental shelf.
Now that the public consultation process has finished, the decision whether to open Norway’s EEZ and continental shelf to deep sea mining sits with the federal government. If the government does open the area, Norway could become one of the first nations to initiate deep-sea mining in its nearby waters. A few other countries, including China, Papua New Guinea, the Cook Islands and New Zealand, have explored starting similar projects, but none have begun full-scale exploitation. According to the Cook Islands Seabed Minerals Authority, a government agency responsible for regulating seabed minerals, the country has issued exploration licenses to obtain “the information necessary to inform future decisions about whether it will allow mining to commence in line with the precautionary approach.” In the case of New Zealand, its supreme court blocked a proposed seabed mining operation in 2021, generating a major stumbling block for the industry.
‘Enormous supply gap’
Walter Sognnes, the CEO of Loke Marine Minerals, one of three companies looking to mine Norway’s continental shelf, said he believes the deep sea is key to supplying the “increasing demand” for critical minerals. Loke is aiming to mine manganese crusts that occur on seamounts on Norway’s continental shelf, believed to hold cobalt and rare-earth metals worth billions of dollars.
“We need to solve this enormous supply gap that is coming … and we think deep-sea minerals are the right way to go,” Sognnes told Mongabay.
According to the International Energy Agency (IEA), today’s mineral supply will fall short of what’s needed to transform the energy sector, resulting in a delayed and more expensive transition to renewable technologies. A recent study in Nature Communications likewise suggested that demand will escalate as countries work to replace gas-combustion vehicles with electric ones. For instance, it suggested that if nations aim to make all vehicles electric by 2050, the global demand will increase by 7,513% for lithium, 5,426% for nickel, 2,838% for manganese and 2,684% for cobalt. The study also pointed out that most of these critical minerals were available only in “a few politically unstable countries such as Chile, Congo, Indonesia, Brazil, Argentina, and South Africa.”
While environmental experts argue that industries can obtain minerals through means such as battery recycling, Sognnes said he doesn’t think that will become a viable option for at least a couple of decades.
Mineral supply chains can also be complicated by geopolitical tensions with countries like China and Russia, which currently generate many critical minerals, Sogness said.
“You have to look at the alternatives,” he said. “We believe that if you apply the best technology and work together [to protect] the environment, deep sea minerals can be a better alternative, both on Environmental, Social and Governance (ESG) rating, but also on the geopolitical side, you can have a resource that makes us less dependent on China.”
An ESG rating is a measure of how well a company addresses environmental, social and governance risks.
Jan Mayen Island, adjacent to the proposed mining area. Image by Ian Geoffrey Stimpson via Flickr (CC BY-NC-SA 2.0).
Sognnes said if Norway does open its continental shelf, Loke would not begin mining until early in the 2030s. He said it would first be necessary to map and explore the seabed and develop the best possible technologies. Loke plans to use excavation tools, thrusters and pumps to “scrape” the manganese crusts then transport them to a collection vessel.
Some researchers have suggested that plumes generated from deep sea mining extraction could be highly destructive by distributing sediment and dissolved metals across large swaths of the ocean, which would threaten organisms and introduce heavy metals into the pelagic food chain. However, Sognnes said he does not expect Loke’s crust cutting and collection to generate plumes.
Loke also recently acquired UK Seabed Resources (UKSR), a deep sea mining firm formerly owned by U.S. global security company Lockheed Martin. This acquisition has given Loke full ownership of two exploration licenses and partial ownership of another in the Clarion-Clipperton Zone (CCZ) in the Pacific Ocean. This proposed mining would focus on extracting polymetallic nodules, which are potato-shaped rocks containing critical minerals like manganese, nickel, cobalt and copper. Since the CCZ is located in international waters beyond any nations’ jurisdictions, mining activities there are regulated by the International Seabed Authority (ISA), a U.N.-affiliated body tasked with protecting the marine environment while ensuring nations receive equal access to minerals.
While the ISA has yet to issue an exploitation license for deep sea mining, it is working to finalize a set of regulations that could allow mining to start as early as next year — a move that has garnered criticism from governments, civil society organizations, research institutes and many other individuals and groups. Those in opposition say that not enough is known about the deep sea to accurately assess the impacts of mining, and that mining technology is not advanced enough to minimize harm. Additionally, critics say what is known about the deep sea suggests that mining could cause irreversible harm to habitats and species that are essential to the functioning of the ocean.
Some nations and delegates to the ISA are calling for a “precautionary pause” or a moratorium on deep sea mining until more research is conducted on the deep sea and the possible impacts of mining. France has even called for an outright ban.
Norway, an ISA council member, has generally supported swiftly completing the international mining regulations but stated at recent ISA meetings that no mining should proceed without the “necessary knowledge about ecosystems.”
Other Norwegian companies looking to mine in Norway include ADEPTH Minerals and Green Minerals. While Norwegian energy company Equinor previously expressed interest in deep-sea mining, the company called for a “precautionary approach” during the public consultation, saying experts must have sufficient time to properly understand the possible environmental consequences of deep-sea mining.
‘Too quick and too big’
Peter Haugan, a scientist who serves as policy director of Norway’s Institute of Marine Research and director of the Geophysical Institute at the University of Bergen, said the Norwegian government should not rush mining in the country’s continental shelf.
“Jumping right into mining and opening big areas for exploration first with the implication that there will be mining is a bit too quick and too big,” Haugan told Mongabay. “Normally, when we think about new industries that may be moving into areas in the ocean, we typically take small steps.”
Haugan said that while some academic research has been conducted on features like hydrothermal vents in the proposed mining area, more is needed to understand this deep-sea environment, the water column and the organisms that live there. Before mining is allowed to proceed, he said researchers need to conduct extensive baseline studies to understand the impacts for both the mining area and the wider environment, which would be hard to do within short timespans.
“It’s very difficult to imagine that a single company getting a license for a small area will be prepared to do the environmental baseline that is needed in their area and in the surrounding areas, which may be affected and which may have connected ecosystems,” Haugan said.
According to an assessment by the Institute of Marine Research, there is a lack of information for 99% of the proposed mining area.
Kaja Lønne Fjærtoft, a marine biologist and global policy lead at WWF, told Mongabay it’s difficult to “nail down the actual consequence” of deep-sea mining on the Norwegian shelf without more knowledge of the environment, technology and mining impacts. Based on what is known, she said there is concern that mining manganese crusts or sulfide deposits could have widespread effects on species through the destruction of habitat, generation of harmful plumes and noise pollution. (Sognnes of Loke, however, said his company’s proposed operations would not target unique habitats or generate plumes and would produce minimal noise.)
A minke whale near Svalbard. Image by Rob Oo via Flickr (CC BY 2.0).
Transboundary concerns
Norway’s plans also raise several transboundary concerns. For one, mining activities could impact fisheries operating in the water above the extended continental shelf, Fjærtoft said.
“We don’t have exclusive rights to fisheries above it, so the mining that could happen in the seabed could impact international fisheries because most of the [proposed mining] areas are also in areas where like the U.K. would be fishing, the EU would be fishing,” she said. “And that’s not really accounted very well for in the impact assessment.”
According to 2019 data, the U.K. and several EU countries fish in the proposed deep sea mining area, targeting species like shrimp, cod, sole, haddock and mussels.
Norway submitted its impact assessment to Denmark and Iceland in accordance with the Convention on Environmental Impact Assessment, which requires parties to disclose if activities could cause transboundary environmental harm. Denmark’s Environmental Protection Agency wrote a letter to the Norwegian Environment Agency, arguing that the mining’s possible effects on seabirds and marine mammals have not been thoroughly investigated, according to documents reviewed by Mongabay.
Another issue is that part of Norway’s proposed mining area falls across the continental shelf of Svalbard, an archipelago in the Arctic Ocean. The Svalbard Treaty, which 48 countries have ratified, recognizes Norway’s sovereignty over Svalbard but also specifies that parties have equal rights to engage in commercial activities there. However, in a letter viewed by Mongabay, Iceland’s Ministry for Foreign Affairs informed the Royal Norwegian Ministry of Foreign Affairs that the exploitation of any mineral resources on Svalbard’s continental shelf was “subject to the provisions of the Svalbard Treaty, including the principle of equality.” In other words, Norway couldn’t claim sole ownership of these resources.
“If Norway actually goes ahead with extraction of seabed minerals, it will be the first time the Svalbard Treaty — in terms of extractive seabed resources, including oil and gas — is tested in that region,” Fjærtoft said. “This will set precedent for future potential oil and gas extraction in this area.”
Fjærtoft also argues that Norway’s plans for deep sea mining contradict its commitments as a founding member of the Ocean Panel, a global initiative that aims to help member nations “sustainably manage” 100% of their national marine waters by 2025.
A fulmar fishing in Svalbard waters. Image by Alastair Rae via Flickr (CC BY-SA 2.0).
In a paper, the Ocean Panel stated that nations should take a precautionary approach to deep-sea mining and that regulations and knowledge should be in place by 2030 to “to ensure that any activity related to seabed mining is informed by science and ecologically sustainable.”
More recently, Norwegian Prime Minister Jonas Gahr Støre, the current head of the Ocean Panel, said in an interview with a Norwegian paper in March that deep-sea mining can be one of three sustainable ocean actions Norway can set in motion and that deep-sea mining could be done in a way that doesn’t harm marine biodiversity. Støre’s comments garnered criticism from environmental NGOs.
Haugan, who serves as co-chair of the Ocean Panel’s Expert Group, said the Norwegian government’s course technically satisfies the panel’s “not very precise” statement directing a precautionary approach to deep sea mining. However, he said he was still concerned about how quickly things were moving.
“There is a real fear that the quality and quantity of those environmental investigations will not be sufficient,” Haugan said. “And therefore, there’s this big danger that this will run off and lead to inappropriate actions in the deep sea.”
What happens next?
Amund Vik, state secretary of Norway’s Ministry of Petroleum and Energy, the body forwarding the proposal to mine, told Mongabay the impact assessment, consultation impact and resource report from NPD “will form an important part of the decision basis on whether to open areas” to deep-sea mining. However, he emphasized that a decision to open the area wouldn’t necessarily result in commercial activities. Vik also said the government will submit a white paper about the issue to parliament in “spring.”
“A comprehensive permitting regime has been established in Norwegian legislation, and this regime is based upon a stepwise approach to allowing commercial activities to take place,” Vik said in an emailed statement. “Seabed mineral activities will only take place if it can be done in a prudent and sustainable manner.”
However, Fjærtoft said she believes if and when the Norwegian government does approve the opening of the proposed mining area, commercial activities could quickly begin. The nation’s Seabed Minerals Act specifies that companies may immediately apply for exploitation licenses alongside exploration licenses. According to Fjærtoft, companies are likely to opt for exploitation licenses because they confer exclusive rights to an area; exploration licenses, on the other hand, are nonexclusive.
“Norway could be the first country to give an exploitation license,” Fjærtoft said. “If they do that, that is heavily criticizable because you definitely do not have enough knowledge to be able to assess anything on the impact of exploitation. You don’t even have enough to assess impacts of exploration.”
Elizabeth Claire Alberts is a senior staff writer for Mongabay. Follow her on Twitter @ECAlberts.
A criminal slips a police officer a handful of bills and walks free. A businessman buys a politician with a briefcase full of cash. We often think of bribery and corruption in these blatant terms, and as something that happens in poor countries, elsewhere.
But corruption often looks different.
In the United States, where I live, corruption is common. It’s also mostly legal.
In fact, dirty money has become part of the political fabric of our nation. It has become normalized, institutionalized, and even regulated. And yet, the effects of this corruption are just as insidious and destructive as blatant payoffs. Corruption is a rot in our political system, and it is spreading.
This article is about American corruption, but the story will be told by looking at one particular Canadian mining company called Lithium Americas, which is working in the United States through a wholly-owned U.S.-based subsidiary, Lithium Nevada Corporation.
For two and a half years, I’ve been fighting Lithium Nevada to stop them from destroying Thacker Pass — a biodiversity hotspot and Native American sacred site known Peehee Mu’huh in the Paiute language that is in northern Nevada, just shy of the Oregon border. Lithium Nevada, as you have probably guessed, wants to turn this place into an open-pit lithium mine.
This is a special place. Thacker Pass is home to dwindling sage-grouse, Pronghorn, mule deer, and golden eagles. It’s a migratory corridor and climate change refuge. It’s the watershed for local communities, and the site of two massacres of Paiute people, including one on September 12, 1865 in which US Army soldiers killed between 30 and 50 men, women, children, and elders in a surprise attack at dawn. It’s been recognized by the Federal Government as a “Traditional Cultural District,” a landscape of outstanding importance to Native American history and cultural identity.
And right now, as you read this, it is being destroyed by a corrupt corporation and a corrupt government. Bulldozers are rolling and centuries-old sagebrush, millennia-old artifacts, and the lives of precious desert creatures are being crushed under metal treads.
How is this possible? How, in a democracy where people have the right to protest, to speak out, to comment, to petition, to file lawsuits, how is it possible to have such a miscarriage of justice? And more broadly, how is it possible that our governmental system is failing to address the ecological catastrophe we are facing: the 6th mass extinction of life on Earth?
Part of the answer is corruption, which we can break down into five categories: lobbying, writing laws, the revolving door, campaign contributions, and community bribery. Let’s look at each in turn, using Lithium Americas and Thacker Pass as an example.
Lobbying: How Corporations Gain Disproportionate Access
Lobbying is based on a simple principle: that government officials should listen to their constituents.
Transparency International defines lobbying as “Any activity carried out to influence a government or institution’s policies and decisions in favor of a specific cause or outcome.”
“Even when allowed by law,” they say, “these acts can become distortive [harmful to democracy and justice] if disproportionate levels of influence exist — by companies, associations, organizations and individuals.”
Today’s lobbying is not the simple practice of people talking to their elected officials. Instead, it’s a tightly regulated $3.73 billion industry dominated by political insiders and major corporations, rife with corrupt “revolving doors,” and matched by at least $3-4 billion in “shadow lobbying” that isn’t regulated or disclosed to the public in any way.
The regulation of lobbying is essential to its proper functioning as a method of corruption. As Ben Price, National Organizing Director at the Community Environmental Legal Defense Fund, puts it, “regulation is not so much a way to curb corruption, but more to the point, regulations legalize the corruption by defining the limits to it that will be disallowed.”
“In doing so,” he continues, “the principle effect of regulations is to shield bribery from legal liability by legalizing enough of it to serve the purpose of the corporate legislative influencers.”
Like advertising, corporations use lobbying because it works.
Studies have found that spending more money on lobbying and campaign contributions results in direct reductions in federal taxes, state taxes, and more federal contracts. One analysis looking at only the nation’s 200 most “politically active” corporations found they spent $58 billion on lobbying the federal government and “campaign contributions”[i] between 2007 and 2012, but received $4.4 trillion in federal subsidies, contracts, and other support during the same time period. That’s a 7,580% return on investment.
Another study found even bigger returns: “on average, for every dollar spent on influencing politics, the nation’s most politically active corporations received $760 from the government” — a 76,000% payout.
Corporations are Writing Our Laws
Corporations use lobbyists because their wealth allows them disproportionate access to the government, meaning that they can build relationships with politicians and staffers, influence policy, share ideas, and even draft legislation. They can also bribe judges, as the recent Clarence Thomas corruption scandal shows. But it goes further. As one report in NPR notes, “It’s taken for granted that lobbyists influence legislation. But perhaps less obvious is that they often write the actual bills — even word for word.”
Our laws are being written by corporations.
And this isn’t just a federal problem. A 2019 USA Today investigation found more than 10,000 bills introduced to legislatures in all 50 states over an 8-year period were “almost entirely copied from bills written by special interests.” The report also notes that their investigation detected these bills using automated techniques, and “the real number is probably far higher.”
Our politicians rarely write laws. Instead, corporations and lobbyists write laws; congress sells the laws to the public; then lobbyists pay their congresspeople in campaign contributions, Super PAC funding, and revolving-door job opportunities – topics we will look at next.
The Revolving Door
Another way that corruption has become endemic inside the government of the United States is through what’s known as the “revolving door.”
The revolving door refers to the common practice of corporate employees quitting their jobs and going to work in the government, and vice versa. It’s quite common for government employees and elected officials to quit or end their terms and immediately get jobs in the industries they were supposedly regulating.
This is a sort of “retroactive bribery” where government officials do what corporations want, then get paid off afterwards. And it’s completely legal.
Occasionally there will be stories of lobbyists who stray into outright bribery — Jack Abramoff, notably — but these stories are rare, not because corruption is uncommon, but becauseyou don’t really need to break the law as a corporation: you wrote the laws. And you did it deliberately to make your bribery and influence campaigns legal.
As of 2016, about half of retiring senators and a third of retiring House Representatives register as lobbyists to collect their checks. This is equally common among Democrats and Republicans.
Lithium Nevada Corporation’s Lobbying Activities (the ones we know about)
Harbinger is “a leading federal government and political affairs firm” that was founded by and employs former high-level Republican congressional aides and political operatives. They have been listed as among the top lobbyists in Washington D.C. and made a total of $10.9 million in 2021 from a client list which includes the airline industry, major banks and investment firms, mining companies, biotech, the military-industrial complex, Facebook, electric utilities, General Electric, and the oil and gas industry.
“We leverage our experience as former senior staff to the Congressional Leadership and the Executive Branch to position clients for a seat at the decision-making table,” they write on their website. They continue: “[Harbinger is] founded on the belief that every client deserves partner-level legislative expertise” — a “boutique model” — that they use “for one simple reason: it gets results.”
In the state of Nevada, Lithium Nevada Corporation has hired at least 4 lobbyists since 2017 from two businesses: Argentum Partners, “a full-service strategic communications firm… with a hungry, energetic, and experienced team of lobbyists,” and Ferrato Corporation, “a full service bi-partisan public affairs firm.”
Notably, Lithium Nevada’s Argentum lobbyists included Mike Draper, who “helmed the media relations and public affairs for the planning, permitting, construction and opening of the Ruby Pipeline, the largest natural gas pipeline in North America.” The Ruby Pipeline was fought vehemently by environmentalists and Tribes in 2009 and 2010.
Campaign Contributions
Another technique of legalized corruption is “campaign contributions,” also known as donations to politicians.
Many countries in the world place strict limits on the amount of money that people can donate to political candidates, or even have political campaigns funded by the government, removing the influence of money almost entirely. The United States is not one of those countries.
Elected officials in the United States are desperate for money. The average U.S. senator has to rase $14,000 a day just to stay in office — and that’s once they’re already elected. This is true for both Democrats and Republicans, which is why corporations, both directly and through their lobbyists and employees, tend to play both sides by donating to both political parties.
For example, Jonathan Evans, CEO of Lithium Americas Corporation, donated at least $10,250 to political candidates between 2021 and 2022 including Catherine Cortez Mastow (Democratic Senator from Nevada) and Mark Amodei (Nevada’s Republican Governor). George Ireland, Board President of Lithium Americas, has donated at least $19,800 to candidates since 2011, including $500 to the Trump campaign and $6,600 to John Hickenlooper. Data from OpenSecrets.org shows that 7 other Lithium Americas employees, Board members, and associated parties gave at least another $10,819 to political candidates between 2018 and 2022.
These amounts don’t include the MUCH larger political contributions given by employees and family members of Harbinger Strategies, who gave $392,842 to political candidates in the 2020 election cycle alone.
Many of these people donated up to the legal limit, implying that if the limit were higher, they would give more money — and perhaps that they would seek ways to circumvent contribution limits via so-called “Super PACs” and other dark money techniques.
Keep in mind that less than 1.5% of Americans donate more than $200 to political candidates or parties in any given year. This is the domain of the wealthy.
The Payoff
Lithium Americas money is well-spent.
In what appears to be a quid pro quo for their lobbying and campaign contributions, Lithium Americas Corporation has been granted a total of $8,637,357 in tax abatements from the State of Nevada, including a partial sales tax abatement worth $5 million, a $3.3 million property tax abatement and about $225,000 in payroll tax abatements. That money is unavailable for schools, healthcare, social services, small business assistance, environmental programs, etc.
From the Federal Government, Lithium Americas has received a loan from the Department of Energy’s “Advanced Technology Vehicles Manufacturing Loan Program” (ATVM) which is likely to cover “up to 75% of the Thacker Pass’ total capital costs for construction.”
This loan program offers highly favorable terms that amount to a significant subsidy of as much as $3 billion USD.
Based on a very conservative estimate for Lithium Americas Corporation lobbying and employee campaign contribution of, say, $400,000, they’re looking at a return on investment of 2,100% — and that’s before including the massive financial value of the ATVM loan.
Community-Level Bribery
Corruption in politics is often matched with corruption at a local level.
Lithium Americas’ plans to destroy Thacker Pass have created serious community opposition among farmers and ranchers from the rural areas closest to Thacker Pass, among local citizens in the nearby town of Winnemucca, among environmental groups concerned about impacts to wildlife, plants, air, and water, and among Native American tribes concerned about their sacred and culturally important sites, animals, and medicines.
The response has been predictable. Anti-mining activist Joan Kuyek’s book Unearthing Justice: How to Protect Your Community From The Mining Industry describes the myths repeated incessantly by Lithium Americas and almost every mining company:
“The mine will create hundreds of jobs and enrich governments.”
The mine can make community members rich and solve all of their social and economic problems.”
“Modern engineering will ensure that the mine doesn’t damage the water, air, or the wildlife.”
When these myths are exposedasfalse, they resort to legalized bribery. At Thacker Pass, that takes the form of Lithium Americas Corporation paying for a new school for the community of Orovada, and signing an agreement with one local Tribal Councilwoman for construction of a cultural center. One tribal member, my friend Shelley Harjo, wrote in response: “A few promised buildings and a cultural center do not supersede the responsibility we have to our ancestors before us nor our obligation to our unborn after.” Another Tribal leader in the region says of the mining companies, “They take advantage of our poverty.”
That poverty gives the mining companies serious leverage. Among community members at Fort McDermitt, rumors of bribery are common.
Lithium Americas’ Involvement in Human Rights Abuses Overseas
Lithium Americas has deep business links and personnel overlaps with Chinese state-owned mining corporation Ganfeng Lithium (the largest lithium company in the world). In fact, Ganfeng and Lithium Americas are co-owners of an Argentinian lithium mining company known as Minera Exar.
The Minera Exar mining project is located in the Andean highlands in the so-called “lithium triangle,” an arid region near the borders of Chile and Bolivia. Over the years that Minera Exar has been active in the region, they — like other lithium mining companies in the area — have come under criticism for serious environmental and human rights abuses.
“Mining companies have for years been extracting billions of dollars of lithium from the Atacama region… But the impoverished Atacamas have seen little of the riches… one lithium company, a joint Canadian-Chilean venture named Minera Exar, struck deals with six aboriginal communities for a new mine here. The operation is expected to generate about $250 million a year in sales while each community will receive an annual payment — ranging from $9,000 to about $60,000 — for extensive surface and water rights.
The exposé continues:
“Yolanda Cruz, one of the leaders of the village in Argentina, said she signed the [community benefits agreement with Minera Exar] but now regrets it. At the time she valued the opportunity to create jobs for her village. But she now worries, ‘we are going to be left with nothing.’ she said. ‘The thing is the companies are lying to us —that’s the reality. And we sometimes just keep our mouths shut,’ she said. ‘We don’t say anything and then we are the affected ones when the time goes by.’”
Meanwhile, Ganfeng Lithium recently announced plans to mine for battery metals in the Xinjiang region of China, where the Chinese Government has detained and imprisoned Uyghyrs and other Muslim groups in forced labor and indoctrination camps.
Waste of Government Funds
We are being told the main goal of lithium mining at Thacker Pass is to reduce greenhouse gas emissions. This is another lie, a new type of corporate greenwashing which is becoming increasingly common. In fact, many analyses actually find that the emissions reductions from switching to electric vehicles are relatively minor.
Producing a single electric car releases greenhouse gas emissions—about 9 tons on average. This average is rising as the size of electric cars is going up substantially. The more electric cars are produced, the more greenhouse gases are released. And so while EVs reduce emissions compared to gasoline vehicles, bigger EVs don’t reduce them much. Analysis from the Center For Interdisciplinary Environmental Justice says that electrification of cars in the United States will reduce national emissions by only 6 percent.
Further, producing lithium at Thacker Pass would require 700,000 tons per year of oil refining byproducts — sulfur, perhaps largely sourced from the Alberta Tar sands. While Thacker Pass receives billions in subsidies from the government, carbon emissions are continuing to rise.
Environmental activist Paul Hawken, as another example, doesn’t put electric cars in his top 10 climate solutions. In fact, it’s number 24 on his list, with almost ten times less impact than reducing food waste, nearly six times less impact than eliminating the use of refrigerants which are powerful greenhouse gases, and behind solutions like tropical rainforest restoration (about 5 times as effective at reducing emissions as is switching to EVs) and peatland protection (more than twice as effective).
Corruption and waste go hand-in-hand. The data makes it clear that if reducing greenhouse gases is your goal, subsidizing the Thacker Pass lithium mine is not a good use of government funds. It’s wasteful.
If you actually want to allocate government funds to effectively halt global warming, giving money to extractive industries is the exact wrong thing to do.
Instead, start with women’s rights, educating girls, and making contraception and family planning widely available. Start with economic relocalization initiatives. Start with insulating homes properly, which may have the biggest immediate carbon impact per dollar spent. Start with demand-reduction initiatives.
Stop wasting taxpayer money on subsidies to Earth-destroying corporations, and start taking actions that really matter.
The Banality of Evil
Lithium Americas’ corruption reminds me of what political philosopher Hannah Arendt called “The Banality of Evil.” Writing of Otto Adolf Eichmann, a Nazi officer who was one of the major organizers of the Holocaust, Arendt explains that Eichmann felt no guilt; indeed, he never even considered that what he was doing might be wrong: “He did his ‘duty’…; he not only obeyed ‘orders’, he also obeyed the ‘law’.”
As one article states, “[Eichmann] performed evil deeds without evil intentions, a fact connected to his ‘thoughtlessness’, a disengagement from the reality of his evil acts. Eichmann ‘never realised what he was doing’ due to an ‘inability… to think from the standpoint of somebody else’. Lacking this particular cognitive ability, he ‘commit crimes under circumstances that made it well-nigh impossible for him to know or to feel that he [was] doing wrong’.”
Lithium Americas is not killing people en masse, nor are they even among the “worst” mining companies. They may even be acting completely within the boundaries of the law. And yet they are complicit in cultural genocide, in ecological destruction for personal gain, and in what may be an even bigger crime against the future: greenwashing their destruction as positive and thus creating more financial and political incentives for more of this madness.
They believe that what they are doing is right and they are “following the rules.”
What Now?
The corruption at Thacker Pass is not unique. Lobbying, campaign contributions, greenwashing, and community bribery is common in the United States and across much of the world. I believe there is likely much more corruption that we are not aware of. Perhaps there really are briefcases full of cash being exchanged. We can only speculate. And, this article has not even begun to discuss the government complicity in lawbreaking, corruption, and ethical violations at Thacker Pass — a story that is, in some ways, even more sordid.
All of which is part of why academic analyses of the United States tend to show “economic-elite domination” rather than true electoral democracy or pluralism. The wealthy are running our country (and indeed, the world) Our government is corrupt, corporations are running rampant, and our world is being destroyed.
For many, the situation we find ourselves in is paralyzing. What can do in the face of this?
When I first came out to begin protecting Thacker Pass and setup a protest camp on the planned mine site in the depths of winter 2021, I had no illusions. I knew that the courts weren’t likely to save us. Remember, the laws were written by corporations. I knew that public commenting wasn’t going to work; the regulations are written to favor corporate interests. I knew that the government wasn’t going to help, since the politicians are mostly bought and paid for. I even knew that standard methods of protest would likely be ineffective, given the repression tactics and divide-and-conquer strategies that have been honed over centuries by corporations and colonizers.
As a society, we find ourselves in the midst of the 6th mass extinction event, a global climate catastrophe, and seemingly terminal overshoot. And as an environmental movement, despite our brave and inspired action, it has not been enough.
Whether you agree that this is needed or not, we can all agree that what we are doing isn’t working. I don’t have all the answers. But what I do know is that it’s time to go further.
This article was originally published on Earth Day 2023. Since then, there have been developments in Thacker Pass. Direct action has been able to halt mine construction for the moment. Read more about it here.
Featured image: Resistance in Thacker Pass by Max Wilbert
![Decade Long Gag Order for Speaking Out [Press Release]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2023/06/kilian-karger-CTkLczb9HeA-unsplash-1080x675.jpg)
