Editor’s note: Colonialism has not ended. It is in full force. It is what civilization does. For this to end, governments must give the Land Back. All BLM, Forests and Park land should be returned to the sovereign Nations it was stolen from. Turtle Island is Treaty Land, ceded or unceded. Treaties are the Supreme Law of the Land and must be honored. Australia just returned more than 395,000 acres of land to the Eastern Kuku Yalanji people. It included the Daintree National Park which is believed to be the oldest living rainforest in the world. Protections for the Bears Ear National Monument are being reinstated and management of the 1.3 million acres will be placed back into indigenous management. Rightful Lands, Rightful Hands!
As Colorado and other states eliminate Columbus Day as a holiday, it might seem as if our society has begun to repudiate the legacy of a slave trader/explorer who fed Spain’s lust for gold by trafficking in, and annihilating, native peoples. In truth, we continue to celebrate it.
We celebrate it every time the desires of the dominant culture override the concerns of native peoples about destruction of their homelands and sacred sites. Despite relentless legal and political resistance from affected tribes, Canadian oil that is produced by converting forests to sand pits recently began flowing through the Enbridge Line 3 pipeline.
The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.
Earlier this year, a federal court ordered the federal government to reassess the environmental impacts of the Dakota Access Pipeline, yet the Biden administration is allowing it to continue to operate.
In the coming days, it is likely that, over the objections of native people, including the Fort McDermitt Paiute-Shoshone Tribe and Atsa Koodakuh Wyh Nuwu/People of Red Mountain, backhoes will claw into Thacker Pass, Nevada, a relatively pristine desert landscape and site of a U.S. Cavalry massacre of Paiutes. Thacker Pass contains the largest lithium reserves in the United States. The mine will destroy nearly 5,700 acres to fuel the “green energy” revolution touted by advocates of the Green New Deal.
Affected tribes and native activists asked U.S. District Court Judge Miranda Du to stop the excavation, which she declined to do. The federal-agency defendants “do not dispute that the Tribes consider the entire Thacker Pass area sacred,” Judge Du stated. Regardless, she noted that the tribes lack the “right to prevent all digging in the entire Project area” and instead are entitled only to consultation with U.S. officials.
What Columbus achieved through bloodshed and savagery is now accomplished with paper weapons wielded in a federal court.
Judge Du’s blunt statement about the toothless legal recourse available to tribes also reveals the white supremacy embedded in federal law. In 1823, in Johnson v. McIntosh, Justice John Marshall cited the “superior genius” of Europe as justification for federal dominance over native nations. Marshall acknowledged how “extravagant the pretension of converting the discovery of an inhabited country into conquest may appear.” Still, “if the principle has been asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it; if the property of the great mass of the community originates in it, it becomes the law of the land and cannot be questioned.”
Nearly 200 years after Marshall invoked the “Doctrine of Discovery,” the fundamental relationship between native nations and the U.S. government is unchanged. Despite occasional pledges from presidents to honor native rights, those promises are mostly gimmicks designed to distract from the day in, day out policy choices that undermine native rights through federal approval of projects like the Thacker Pass lithium mine and the Dakota Access and Enbridge pipelines.
The Obama administration endorsed the UN Declaration on the Rights of Indigenous Peoples, which requires states to obtain “free, prior and informed consent” before taking actions that affect native peoples, yet that endorsement has had no effect on approval of massive projects so destructive to native lands. For this reason, the Biden administration should immediately enforce those protections in federal permitting decisions. The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.
Karen Breslin is an attorney and teaches political science at Metropolitan State University of Denver.
Environmental and public health advocates on Monday celebrated the demise of a proposed fracked gas pipeline across Pennsylvania and New Jersey after PennEast decided to cease development because of difficulties acquiring certain state permits.
“Today, water, the environment, and people spoke louder than fossil fuels.”
—Jim Waltman, The Watershed Institute
“This is a huge victory. Today, water, the environment, and people spoke louder than fossil fuels,” said Jim Waltman, executive director of the New Jersey-based Watershed Institute, in a statement. “We congratulate and thank the many local, state, and federal officials of both parties and thousands of residents for their determined opposition to this unnecessary and destructive proposal.”
Joseph Otis Minott, Clean Air Council executive director and chief counsel, said that “PennEast’s cancellation of this unneeded, dangerous fracked gas pipeline is a momentous win for the communities that have fought hard for years to defend their property and the environment.”
“Others who seek to exploit the residents and natural resources of New Jersey and Pennsylvania should take note: We are not easy-take states and we will continue to resist,” he added.
A huge win for long-suffering landowners, for the environment, and for everyone who worked to block the PennEast pipeline!
But we're not done yet — we must reform a system that allowed this economically unnecessary project to be approved in the first place. https://t.co/KkvY7nYQns
The announcement from PennEast, a joint venture of multiple companies including Enbridge, follows several years of local opposition to the proposed 120-mile pipeline as well as speculation about the project’s future last week, after a court filing revealed that the developer would not use eminent domain authority to acquire state land in New Jersey.
The decision to stop development comes despite a June U.S. Supreme Court ruling about the New Jersey land dispute, which favored the developer, and the Federal Energy Regulatory Commission (FERC) approving the project.
As PennEast spokesperson Pat Kornick explained in a statement Monday:
Although PennEast received a certificate of public convenience and necessity from FERC to construct the proposed pipeline and obtained some required permits, PennEast has not received certain permits, including a water quality certification and other wetlands permits under Section 401 of the Clean Water Act for the New Jersey portion of the project; therefore, the PennEast partners, following extensive evaluation and discussion, recently determined further development of the project no longer is supported. Accordingly, PennEast has ceased all further development of the project.
Waltman pointed out that “the proposed pipeline would have ripped through dozens of our state’s most pristine streams and bulldozed through more than 4,300 acres of farmland and open space that has been ostensibly preserved in perpetuity.”
“From the beginning, it was clear to us that this PennEast proposal was in severe conflict with the state’s strong environmental protections,” he said. “As we and others have urged, through two administrations, the state of New Jersey has consistently held PennEast to the Garden State’s strict environmental laws.”
New Jersey Gov. Phil Murphy also welcomed the development. In a statement, the Democrat highlighted his administration’s opposition to the “unnecessary” project that would have destroyed acres of conserved land and threatened species, and reiterated his commitment to “protecting our state’s natural resources and building a clean energy future.”
The @GovMurphy Administration fought PennEast all the way to the U.S. Supreme Court in an effort to stop the construction of a pipeline we said was unnecessary, dangerous, and illegal.
At long last, the company has abandoned the project. This is a great win for New Jersey.
The New Jersey attorney general and the Delaware Riverkeeper Network had challenged FERC’s approval of the project in federal court. Maya van Rossum, the network’s leader, said Monday that “we knew we would get here eventually, it was just a matter of time.”
Applauding the opposition efforts of frontline organizations, community leaders, property owners, and environmental advocates, van Rossum declared that “we have advocated, litigated, conducted critical scientific ground-truthing, and been clear throughout that we would accept nothing short of cancellation!”
“Today is a day to celebrate,” she added. “Tomorrow we battle on to end the fracking that spawned this evil pipeline project as well as the other LNG, pipeline, and compressor projects that are part and parcel of the devastating and dangerous fracking industry advancing the climate crisis and putting the health and safety of our planet and future generations at such consequential risk.”
February 7th updates from Unist’ot’enCamp and Gidimten:
The RCMP raid continues today as militarized, heavily-armed police backed up with K9 dogs, heavy equipment, and helicopters move further into Unist’ot’en territory. As we write this federal police are currently raiding the Gidimt’en checkpoint at 44km.
6:15pm: We are hearing that 30 RCMP are surrounding #Wetsuwetsuweten Hereditary Chiefs and supporters at 27KM who have blocked the road. Among them, Dini’ze Smogelgem, Dini’ze Dsta’hyl, and Tsake’ze Sleydo’.
Everything is quiet at @Gidimten checkpoint. Those in the cabin no longer see or hear police. It seems like the majority of the force has headed out and at least 15 RCMP have headed to 27km. The tower is still standing. The road is still blocked.
Denzel Sutherland-Wilson from the Gitxsan nation was arrested and removed from @Gidimten tower earlier today. Only those in Chief Woos’ cabin remain. The Gitxsan are the oldest allies of the #Wetsuweten.
3:45pm:#RCMP are now blocked in on the forest service road at the 27km mark after people parked several vehicles sideways — preventing vehicles from passing (this is the route out to Houston) #Wetsuweten. RCMP visibly frustrated at this additional barrier.
3:15pm:Anne Spice has been taken down from the tower. One person remains on top of the tower. Legal observers, @GitxsanJt, and a documentary filmmaker are still on site but far away.
2:30pm:RCMP are now using ladders to move up the wooden tower overlooking the territory.RCMP have said that the people on the tower are already under arrest and they are just trying to get them down.RCMP won’t specify what the charges are or why the people in the tower are under arrest.
2pm: The US-Canada border crossing in Mohawk territory was shut down by protests.
1:55pm: Eve Saint, the daughter of@Gidimten Chief Woos, has been arrested along with one other. They were removed from the bus blocking the road. They have been walked out by RCMP. They are not hurt.
12:55pm: The metal gate at @Gidimten is down. Legal observer is trying to get RCMP badge numbers and police names but RCMP won’t respond. Some RCMP are wearing masks to cover their faces.
12:45pm: RCMP are trying to limit the visibility of the tactical team to media by surrounding a bus containing media. RCMP “have one person stationed on the other side of the flipped van. They’re the one doing the lethal overwatch. They’ve got a gun pointed at us, underneath the warrior flag,” we’ve just heard.
12:30pm: Those at @Gidimten just said the teams dropped off by the helicopters included K9 units – so they are surrounded by snipers and police dogs.
6:30 am: RCMP militarized convoy engines are running and lining up in Houston now. Their extremist force is hardly a peaceful action against our unarmed, peaceful protestors. Shame!!! – Gidimt’en Checkpoint
February 6th updates:
6:45 pm: All six people who were arrested in Gidimt’en territories this morning are being released with no charges. Three are out already.
4:44pm: Chiefs & supporters blocked the road at 27km, forcing RCMP to let Wet’suwet’en chiefs in. Clearing work has stopped at 44km. Dsta’hyl (Likht’samisyu) said the #Wetsuweten will enforce the eviction of Coastal Gaslink, with any means at their disposal.
4pm: Solidarity actions are taking place across Canada. A blockade has shut down the Port of Vancouver. Various politicians offices have been occupied. Indigenous youth are locked down at the B.C. Legislature.
2:40pm Pacific Time: People at the Gidimt’en Access Point (44 km; the site of the armed police raid in January 2019) are now confirming that they see heavy machinery approaching.
Militarized, heavily armed police units known as “tactical enforcement teams,” supported by K9 dogs and infrared camera-equipped drones, have this morning raided the Wet’suwet’en First Nation territory in central British Columbia, Canada to remove indigenous occupation aimed at preventing construction of a fracked-gas pipeline.
Between four and six people have been arrested at the blockade setup at 39KM on the Morice River Road, 27 km from the main Unist’ot’en Camp. Journalists on-site were threatened with arrest, prevented from photographing the events (including police smashing the window on a truck), and forcefully removed from the area. This is the second militarized raid on the peaceful indigenous resistance camp. The previous raid, in January 2019, was later revealed to have included “lethal overwatch”—authorization to shoot to kill. In both raids, police carried sniper and assault rifles.
The police raid Wet’suwet’en checkpoint shows they are acting as private contractors for the gas company, facilitating the plunder of stolen indigenous land and destruction of the planet for private profit.
Coastal GasLink/TC Energy is pushing through a 670-kilometer fracked gas pipeline that would carry fracked gas from Dawson Creek, B.C. to the coastal town of Kitimat, where LNG Canada’s processing plant would be located. LNG Canada is the single largest private investment in Canadian history.
Each clan within the Wet’suwet’en Nation has full jurisdiction under their law to control access to their territory. Under ‘Anuc niwh’it’en (Wet’suwet’en law) all five clans of the Wet’suwet’en have unanimously opposed all pipeline proposals and have not provided free, prior, and informed consent to Coastal Gaslink/ TransCanada to do work on Wet’suwet’en lands.
This is a developing story and we will share more information as it comes.
Call to Action — Blockade the Colonial Institutions
Indigenous youth in solidarity with the Wet’suwet’en Nation are calling for organized, rolling occupations of MLA and MP offices, and of financial institutions tied to Coastal Gaslink pipeline corporation.
7:48 am: RCMP are transporting the 4 arrested supporters to Houston. BC. Everyone at 39KM was arrested except media. Media that were at 39km are being driven out in a police van.
7:22am: 36 vehicles, 1 ambulance and heavy machinery went up from 4 KM. At least 2 bulldozers and excavator.
6:59 am: We have reports RCMP have headed up from town in an approximately 20+ vehicle convoy. #Wetsuweten#WetsuwetenStrong
6:43am: We have reports that RCMP are now blocking the forest service road at 4KM.
6:22am: We have lost all communication with the Gidimt’en watch post at 39KM after RCMP smashed the window of the radio vehicle. It’s still pitch black out.
6am: We have just heard that RCMP denied access to a reporter headed out to the camps this morning. Media exclusion zone is in full effect.
5:56am – The person on radio at 39km reports RCMP have broken in the windows of their vehicle.
5:43am – We estimate more than a dozen cops on site, with six cops surrounding the person communicating updates over radio.
5:30am – We’re hearing reports from the front line that some RCMP had their guns out – not pointed at people – but guns in hand.
We’re told that even with more than a dozen vehicles out on the territory, the Houston community hall is still full of cops waiting to invade our lands.
5:05am – We’ve heard 13 RCMP vehicles headed up the road earlier this morning. Up to 4 arrests have been made now, and RCMP are taking down tents. Our understanding is these tents were NOT blocking the road and are not part of the injunction area.
4:55am – It’s not yet 5am – still totally dark out – and we’ve just heard RCMP made their first arrest at the #Wetsuweten monitoring post at 39KM. Cops are surrounding people there and beginning to clear the road to the Gidimt’en checkpoint.
Deep Green Resistance delegation to Unist’ot’en Camp – 2012
Dakota Access Pipeline (DAPL) eco-saboteurs Jessica Reznicek and Ruby Montoya have been arrested and charged with multiple felonies.
They face up to 100 years or more in prison. Their next hearing is currently scheduled for December 2, 2019, before U.S. District Court Judge Rebecca Goodgame Ebinger in Des Moines, Iowa.
Statement of Support from Deep Green Resistance
Deep Green Resistance officially stands in solidarity and full support of the actions taken by Jessica and Ruby.
We expect they will find no justice in the colonial courts of an imperialist state, in a city founded as a military fort to oversee the destruction of local indigenous inhabitants and facilitate the settler-colonial invasion project, but the struggle does not end with incarceration. Revolution is bigger than any individual, and we struggle in solidarity with comrades locked in cages.
In an era of mass extinction, climate chaos, and ecological collapse, an era in which mainstream environmentalism has failed to even partially reverse these problems, militant action against industrial infrastructure such as pipelines is, without any question, justified.
In fact, militant resistance is a moral and physical obligation—a matter of planetary self-defense.
How to Support Jessica and Ruby
We invite you to join us in pledging our full support to their legal defense and to work in solidarity outside the courtroom. We are currently gathering more information about their legal situation. Pending information, we are now taking donations for their legal defense and expenses.
To donate, click here and follow the instructions. Be sure to earmark your donation (using the “comment” field or memo of a check, etc.) for Jessica and Ruby legal defense.
For more updates on this case, visit this site regularly, or subscribe.
Their Actions: Eco-Sabotage Against the Dakota Access Pipeline
Between July 2016 and May 2017, Jessica and Ruby are believed to have committed at least 10 acts of eco-sabotage against the Dakota Access Pipeline (DAPL) using oxy-acetylene torches and improved incendiaries.
These attacks delayed pipeline construction by several months. In terms of material effectiveness vs. resources invested, their ecosabotage was roughly 1000 times as efficient as the aboveground fight at Standing Rock.
We say this not to disparage aboveground resistance, but to highlight the efficacy of militant underground struggle. Two people with a tiny budget were highly effective at fighting this project
Comparison of material effectiveness and efficiency of various pipeline resistance techniques. Image via “Pipeline Activism and Principles of Strategy.” Click the image for the source.
Interview with Jessica and Ruby
In July 2017, two days after Jessica and Ruby publicly admitted to carrying out the eco-sabotage campaign, Deep Green Resistance interviewed the two women. You can listen to that interview here:
The Charges They Are Facing
Press release from the U.S. Department of [In]Justice, Southern District of Iowa:
Wednesday, October 2nd, 2019
DES MOINES, Iowa – On September 19, 2019, a federal grand jury returned an Indictment charging defendants, Jessica Rae Reznicek and Ruby Katherine Montoya, with one count of conspiracy to damage an energy facility, four counts of use of fire in the commission of a felony, and four counts of malicious use of fire, announced United States Attorney Marc Krickbaum. Montoya was recently arrested in the District of Arizona and detained pending court proceedings to determine her appearance in the Southern District of Iowa. Reznicek appeared in Des Moines on October 1, 2019 and was conditionally released pending trial. Trial is currently scheduled for December 2, 2019, before United States District Court Judge Rebecca Goodgame Ebinger.
According to Count 1 of the Indictment, from at least as early as 2016 and continuing in 2017, in the Southern District of Iowa and elsewhere, Reznicek and Montoya conspired to knowingly and willfully damage and attempt to damage the property of an energy facility involved in the transmission and distribution of fuel, or another form or source of energy, in an amount exceeding or which would have exceeded $100,000, and to cause a significant interruption and impairment of a function of an energy facility.
Counts 2 through 9 of the Indictment allege specific instances of damage or attempts to damage portions of the Dakota Access Pipeline in the Southern District of Iowa by Reznicek and Montoya on various dates in 2017.
The public is reminded that an Indictment is merely an accusation, and the defendants are presumed innocent unless they are proven guilty.
If they are convicted of Count 1, conspiracy to damage an energy facility, Reznicek and Montoya face up to 20 years imprisonment, not more than a $250,000 fine, or both such fine and imprisonment.
If they are convicted of Counts 2, 4, 6 and/or 8, use of fire in the commission of a felony, Reznicek and Montoya face a mandatory minimum 10 years imprisonment to be served consecutive to the sentence imposed on Count 1. For each second or subsequent conviction of Counts 2, 4, 6 and/or 8, Reznicek and Montoya face a mandatory minimum 20 years imprisonment to be served consecutive to the sentence imposed on Count 1.
If they are convicted of Counts 3, 5, 7 and/or 9, malicious use of fire, Reznicek and Montoya face a mandatory minimum 5 years imprisonment and a maximum of 20 years imprisonment, not more than a $250,000 fine, or both such fine and
imprisonment.
The investigation is being conducted by the Federal Bureau of Investigation, and is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Editors note: this material is excerpted from a Deep Green Resistance database called “Resistance Profiles,” which explores various movements, their strategies and tactics, and their effectiveness. Image credit: public domain.
Movement for the Emancipation for the Niger Delta (MEND)
Active: 2005 – 2013
Location: Nigeria
Type: Underground Resistance Movement
Success: Medium
Goal
Majority or total control of oil production/revenues in the Niger Delta (for the Ogoni people) and withdrawal of the Nigerian military from the Niger Delta.
Strategy
Totally destroy the capacity of the Nigerian government to export oil in the Niger Delta, force the multinational oil companies to discontinue operations, and likely precipitate a nationwide budgetary and economic crisis.
Tactics
sabotage of oil infrastructure
bombing near military, government or oil industry infrastructure or buildings
theft
guerrilla warfare
kidnapping of foreign oil workers for ransom (MEND has a very good record of returning them unharmed)
MEND uses speed boats in swarm-based maneuvers to quickly attack targets in succession. Multiple highly maneuverable, well trained and armed units have kept the government and Shell’s defensive systems off-balance defending their sprawling networks (1,000 oil wells, 6,000 km of pipeline over 70,000 square miles).
Very effective use of system disruption: targets have been systematically and accurately selected to completely shut down production and delay and/or halt repairs.
Organization
MEND, an umbrella organization, has evolved into a conglomeration of distinct militant groups with constantly shifting alliances and loyalties. Command and control is believed to be hierarchical. Leaders are frequently deposed or replaced by rivals, due to internal conflicts over proceeds from criminal and political activities, and due to Ijaw tradition of choosing tribal leaders on a rotational basis
Above/Underground
Underground cells with a few spokesmen that communicate with the international media
Security
Leaders are always on the move and extremely cautious. They do not take telephone calls personally, knowing that soldiers hunting for them have electronic devices capable of pinpointing mobile phone signals. During raids, fighters wear masks to protect their identity. All communication with the media is conducted using aliases. MEND does not reveal identities of its rank and file and conducts all recruiting clandestinely. The fluid and contradictory organization structure may or may not be by design but is very effective at obscuring the leadership and increasing the operational security of key individuals
Recruitment
Draws its fighters from communities across the delta: ethnic militias in the west and from cults (criminal gangs) in the east
Effectiveness
Has not yet achieved its goal, but its strategy and tactics have been effective, resulting in a cut of more than 28 percent of Nigeria’s oil output from 2006 to 2009. In August 2009, the government offered a 60 day amnesty: militants who handed in their weapons were pardoned for their crimes, given job training and were paid US $410 per month until they found work. But the ceasefire and amnesty ended in December when MEND attacked a Shell/Chevron pipeline amidst questions about President Yar’ Adua’s health and impatience with the slow pace of job growth.
