Editor’s note: In these terrifying, apocalyptic times it becomes more obvious that we are all on the same boat, whether we belong to indigenous cultures or the culture of empire. It is stunning as well as sad and embarrassing that those who have suffered the most from colonialism and genocide are those who are still trying to save us all. The only chance for us to survive is to de-colonize our hearts and minds and join the fight against the culture of empire.
“The numbers don’t lie. Indigenous peoples have long led the fight to protect Mother Earth and the only way forward is to center Indigenous knowledge and keep fossil fuels in the ground.”
Indigenous resistance to fossil fuel projects in the United States and Canada over a recent decade has stopped or delayed nearly a quarter of the nations’ annual planet-heating pollution, according to a report released Wednesday.
“The only way forward is to center Indigenous knowledge and keep fossil fuels in the ground.”
—Dallas Goldtooth, IEN
The greenhouse gas pollution for Turtle Island, the land now known to settler nation-states as North America, totaled 6.56 billion metric tons of carbon dioxide equivalent in 2019—5.83 billion metric tons CO2e for the U.S. and 727.43 million metric tons CO2e for Canada.
Indigenous Environmental Network (IEN) and Oil Change International (OCI) examined the climate effects of several contentious projects and the impact of Indigenous protests.
Total Indigenous resistance against these projects on Turtle Island—including ongoing struggles, victories against projects never completed, and infrastructure unfortunately in current operation—adds up to 1.8 billion metric tons CO2e, or roughly 28% the size of 2019 U.S. and Canadian pollution. Victories in infrastructure fights alone represent the carbon equivalent of 12% of annual U.S. and Canadian pollution, or 779 million metric tons CO2e. Ongoing struggles equal 12% of these nations’ annual pollution, or 808 million metric tons CO2e. If these struggles prove successful, this would mean Indigenous resistance will have stopped greenhouse gas pollution equivalent to nearly one-quarter (24%) of annual total U.S. and Canadian emissions.
“That 24%, equaling 1.587 billion metric tons CO2e,” the report notes, “is the equivalent pollution of approximately 400 new coal-fired power plants—more than are still operating in the United States and Canada—or roughly 345 million passenger vehicles—more than all vehicles on the road in these countries.”
The groups not only highlight how Indigenous resistance to polluters’ projects has limited greenhouse gas emissions but also explain and emphasize the importance of tribal and Indigenous sovereignty, self-determination, and free, prior, and informed consent (FPIC).
As IEN Keep It in the Ground organizer Dallas Goldtooth put it: “The numbers don’t lie.”
“Indigenous peoples have long led the fight to protect Mother Earth,” he said Wednesday, “and the only way forward is to center Indigenous knowledge and keep fossil fuels in the ground.”
The new report says at the outset that it “seeks to uplift the work of countless tribal nations, Indigenous water protectors, land defenders, pipeline fighters, and many other grassroots formations who have dedicated their lives to defending the sacredness of Mother Earth and protecting their inherent rights of Indigenous sovereignty and self-determination.”
The report also draws attention to the criminalization of Indigenous land and water defenders, stating that “the fight against the Dakota Access Pipeline is a notable example of these threats—what happened in Standing Rock should not be seen as an anomalous incident, but rather a disturbing commonality across Indigenous resistance efforts worldwide.”
DAPL, as the oil pipeline is known, is among several projects included in the report. Other fights include fossil fuel development in the Arctic National Wildlife Refuge, fracked gas pipelines like Coastal GasLink and Mountain Valley, and tar sands projects like Trans Mountain and Line 3—which opponents are calling on President Joe Biden to block like he did the Keystone XL Pipeline shortly after taking office in January.
“Respecting and honoring the wisdom and sovereignty of Indigenous peoples is a key solution to the climate crisis.”
—Collin Rees, OCI
“This report is predicated on a simple fact: The world is delving deeper into climate chaos, and we must change course,” according to IEN and OCI. “In parallel to the severe threats Mother Earth is facing from climate change, the rights, well-being, and survival of Indigenous peoples throughout the world are at grave risk due to the same extractive industries driving the climate crisis.”
“The United States and Canada must recognize their duty to consult and obtain consent from Indigenous peoples for all projects proposed on Indigenous lands,” the report says. “In parallel, these settler nation-state governments must recognize that the fossil fuel era is rapidly coming to a close.”
Echoing scientists’ and energy industry experts’ increasingly urgent warnings, the report recognizes the “monumental challenge” of phasing out existing fossil fuel infrastructure and declares that “our climate cannot afford new oil, gas, or coal projects of any kind.”
OCI U.S. campaign manager Collin Rees said Wednesday that “Indigenous communities resisting oil, gas, and coal projects across their territory are demonstrating true climate leadership.”
“Brave resistance efforts by Indigenous land and water defenders have kept billions of tons of carbon in the ground,” he added, “showing that respecting and honoring the wisdom and sovereignty of Indigenous peoples is a key solution to the climate crisis.”
As heat and severe weather records are broken again and again, it should be clear by now that there is no limit for capital. There will be no scientific warning or dire catastrophe that leads to a political breakthrough. No huge wildfire, terrible drought or great flood will make governments and corporations change course. To carry on as they are means extinction. And yet they still carry on: more fossil fuels and fewer trees, more pollution and fewer species.
Recognition that there is no way out of this crisis without far-reaching, social upheaval animates the proposals put forward in The Red Deal: Indigenous Action to Save Our Earth. The short book was authored by activists from The Red Nation, a coalition devoted to Indigenous liberation and made up of Native and non-native revolutionaries based mainly in North America.
The authors make clear that they believe the campaign to halt climate change and repair ecological destruction is bound up with the fate of the world’s Indigenous peoples. They say bluntly that “there is no hope for restoring the planet’s fragile and dying ecosystems without Indigenous liberation” and that “it’s decolonization or extinction.”
Land back
This is not just a rhetorical flourish. The Red Deal points out that the approximately 370 million Indigenous people worldwide belong to traditional lands that cover 22-25% of the world’s surface. These territories overlap with areas that hold more than 80% of the planet’s biodiversity. Regaining control over their traditional lands is essential for Indigenous people’s ability to protect, restore and care for them, as they did sustainably for millennia prior to their dispossession. This makes decolonization – which “starts with land back” to Indigenous peoples – a critical part of The Red Nation’s proposals to avoid planetary extinction.
The authors of The Red Deal emphasize that their vision of decolonization “isn’t exclusively about the Indigenous” but is instead meant to bring together non-Indigenous and Indigenous activists in a common fight for the future.
They say: “What we seek is a world premised on Indigenous values of interspecies responsibility and balance. We seek to uplift knowledges, technologies, governance structures, and economic strategies that will make these values possible, in the immediate future and in the long term, and which always have the future health of the land at the center of their design and implementation, Indigenous or not. In this sense, decolonization is for, and benefits, everyone. It also needs our collective cooperation to succeed.”
Some recent Indigenous-led movements against ecologically destructive projects have won international support and attention, such as the Oceti Sakowin-led protests to halt the Dakota Access Pipeline at Standing Rock and the Wangan and Jagalingou people’s campaign to stop the huge Adani coalmine in Queensland’s Galilee Basin. But rather than focusing solely on what Indigenous movements oppose, The Red Deal aims to draw attention to “the revolutionary potency of what Indigenous resistance stands for: caretaking and creating just relations between human and other-than-human worlds on a planet thoroughly devastated by capitalism.”
Four principles
The authors of The Red Deal advance a “plan of collective climate action” based on four general principles. The first of these is What Creates Crisis Cannot Solve It. This principle means that the destructive, polluting industries that profit from the plunder of nature cannot be reformed and have no future. But The Red Deal extends this principle to carceral institutions such as the military, police and prison systems, calling for their abolition. The Red Deal insists such violent, repressive institutions also stand in the way of a safe climate future.
The second principle is Change from Below and From the Left. This is both a commitment to practice grassroots democracy in the struggle, and also a longer-term ambition to replace capitalism with a system of true democracy. The document says: “We must throw the full weight of people power behind these demands for a dignified life. People power is the organized force of the masses – a movement to reclaim our humanity and rightful relations with the Earth.”
Politicians Can’t Do What Only Mass Movements Do is the document’s third principle, which underscores The Red Deal’s skepticism that reformist politics can make significant progress against fossil capital. Although the authors say that they “refuse to compromise” they acknowledge the mobilizing potential of “non-reformist reform” that “fundamentally challenges the existing structure of power.”
The final principle is From Theory to Action. This recognizes that the development of real social movements, in which people develop through struggle their own capacity to act and organize, is far more important than having “correct positions” on things. Rather, “correct ideas and theories of change that are worthy of reproduction only matter if they arise from, and directly nourish, our collective movements.”
Beyond the Green New Deal
The authors of The Red Deal do not see their proposals as a “counterprogram” to the Green New Deal, which they praise for its “potential to connect every social justice struggle – free housing, free health care, free education, green jobs – to climate change.” Rather, they see their ideas as a platform that builds upon and goes further than what the various Green New Deal proposals have yet offered.
However, the “primary inspiration” for The Red Deal was not the Green New Deal but the People’s Agreement of Cochabamba. The People’s Agreement was adopted by 30,000 attendees at the World People’s Conference on Climate Change and the Rights of Mother Earth in 2010. The conference, which promoted a suite of radical, people-centered policies on climate change, was hosted by the former President of Bolivia and leftist Indigenous leader Evo Morales.
This inspiration is clear in the way The Red Deal tackles the issues of technology transfer and climate debt owed to nations of the Global South – topics not addressed in some versions of the Green New Deal discussed in Europe or North America. It notes that the past high carbon emissions of the rich countries have in effect “colonized” the atmosphere, meaning nations in the Global South are blocked from pursuing the same path of industrialization due to climate change. This injustice means “any climate policy must also be anti-imperialist” and include “the payment of northern climate debt to the rest of the world.”
The Red Deal also includes criticism of “some Western socialists” who downplay the Global North’s responsibility to reduce its ecological impact rapidly to make room for the South but instead fixate on “technological pipe dreams like mining asteroids, gene editing, and synthetic meat.” Reshaping the wasteful economies of the Global North so they can play a role in healing the planet should instead take priority.
Towards the end of the document the authors note wryly that it’s evident other people have not listened enough to Indigenous people in the past. “Why else would we be on the precipice of mass extinction?” they ask. Those willing to listen today will gain a lot of insight and inspiration from the radical Indigenous activists showing leadership in this fight to save the Earth.
On Friday, August 27th at 2pm Pacific, attorneys for Reno-Sparks Indian Colony and Atsa Koodakuh wyh Nuwu (People of Red Mountain) will hold a virtual press conference updating supporters and media members on the lawsuits against the Bureau of Land Management and Lithium Nevada Corporation.
Earlier that morning, there will be a hearing in Federal District Court. Judge Miranda Du will hear arguments from Reno-Sparks Indian Colony and Atsa Koodakuh wyh Nuwu (People of Red Mountain) on their motion for a preliminary injunction. If Judge Du grants the injunction, she is recognizing that these plaintiffs have a good chance of succeeding in their lawsuit which argues that the Bureau of Land Management violated federal law when they permitted the Thacker Pass lithium mine by not properly consulting with tribes. The full lawsuit will be heard later in 2021 or early 2022.
Friday’s hearing will be open to the public via video conference, but not in-person. We encourage anyone who is interested to attend. **But legal hearings can be hard to understand if you are not a lawyer, which is why we are planning to hold this virtual press conference that afternoon to explain what is happening in the case.**
Questions will be accepted and members of the press are invited to join.
Media coverage regarding the July 21st Thacker Pass mine-related injunction hearing seems to misunderstand the current status and implications of the ongoing legal battles over Thacker Pass, or “Peehee Mu’huh.”
Contrary to these media misrepresentations, Thacker Pass’ fate has not yet been decided – far from it. Lithium Nevada still has formidable legal obstacles to overcome – including the recent addition of Paiute-Shoshone plaintiffs bearing new, stronger arguments against the excavation of cultural sites at Thacker Pass.
It’s true that on July 23rd, Nevada Federal District Court Judge Miranda Du refused to grant an injunction that would have prohibited, on environmental grounds, the archaeological excavation of cultural sites at Thacker Pass. The judge rejected claims that the preliminary archaeological digging (of numerous hand-dug holes and seven 40-meter trenches) would cause irreparable environmental harm to the area.
However, some of the recent media coverage fails to clarify two crucial points. First, the July 23rd decision pertains only to the request for a preliminary injunction, rather than to the underlying legal case itself. Second, and even more importantly, on July 19th new plaintiffs moved to intervene in the legal case.
What is a Preliminary Injunction?
A preliminary injunction is a court order that preserves the status quo between relevant parties while the judge makes larger decisions about the underlying case. Since American law assumes that money can repair all harm, the legal system often allows companies to continue their projects even during an active lawsuit. If the judge rules that the company (or the BLM) violated the law, these defendants can compensate the harmed party with money. However, many judges recognize that money is not always an adequate reparation for harm to the environment or to cultural resources. Therefore, in such cases, judges often entertain a preliminary injunction motion.
Why did Judge Du reject the first preliminary injunction request?
In considering the environmental groups’ motion for a preliminary injunction, Judge Du acknowledged the possibility that the initial, archaeological excavations mentioned above could cause irreparable environmental harm. Although the judge ultimately decided that the smaller archaeological excavations would not cause that level of disturbance, she has not yet ruled on the environmental threat posed by the entire project.
What comes next for the environmental lawsuit?
The underlying legal case (filed back in February by Western Watersheds Project, Wildlands Defense, Great Basin Resource Watch, and Basin and Range Watch), challenges the Bureau of Land Management’s Record of Decision, which permitted the corporation’s proposed lithium mine on public land. If the judge rules in favor of the plaintiffs and against the BLM, the Record of Decision will be suspended or vacated entirely. The judge’s final decision on that case is slated for January 2022 and will assess and respond to the environmental harm of the entire proposed mining project, which includes chemical processing facilities and a 400-foot deep open pit that would destroy miles of surface area in Thacker Pass.
Lithium Nevada investors are foolish to overlook the fact that the primary legal decision on the Thacker Pass project still remains to be made. Even more significantly, Judge Du recently accepted the addition of local tribal groups to the case. The judge acknowledged that these new plaintiffs make stronger arguments – on cultural grounds – against both the archaeological digging and the entire project.
Why and how are Native Tribes and organizations getting involved?
The night before the July 21st hearing, the Reno-Sparks Indian Colony and the People of Red Mountain (a committee of land protectors from the Fort McDermitt Paiute-Shoshone reservation) made a formal motion to intervene in the case. Conceding that the lawsuit filed by Western Watersheds, etc., did not adequately represent tribal concerns, Judge Du admitted these two groups as plaintiffs to the case. The Burns Paiute Tribe, making similar arguments, has since joined the case as well. In July 2021, the judge decided to consolidate the lawsuits by adding these three indigenous groups’ lawsuit, as well as the lawsuit filed by local rancher Edward Bartell, to the original case filed by the environmental groups.
On July 27th, the Reno-Sparks Indian Colony and the People of Red Mountain moved for their own preliminary injunction, on the grounds that digging up cultural sites — including burial sites and a massacre site — would do irreparable spiritual and cultural harm to them as indigenous people whose ancestors lived in and around Peehee Mu’huh.
The indigenous groups also argue that the BLM failed to adequately consult with all relevant tribes before issuing the Record of Decision.
What will happen if Judge Du grants the Preliminary Injunction request?
If the judge supports the tribes by granting this preliminary injunction after the hearing scheduled for August 27th, the corporation and the contracted archaeological group cannot disturb Thacker Pass until the end of January at the earliest. Receiving this injunction would mean that if the BLM issues an Archaeological Resources Protection Action (ARPA) permit to Far Western Anthropological Group, allowing archaeologists to begin trenching and digging at Thacker Pass, the BLM would be doing so illegally. Granting the preliminary injunction on August 27th would likely protect Thacker Pass until at least spring of 2022, since Lithium Nevada has stated they would have to wait for winter snows to melt before digging.
What if Judge Du refuses to grant the injunction?
Even if the judge refuses to grant the injunction in August 2021, both the BLM and Lithium Nevada still face many legal hurdles. The BLM must contend with a separate lawsuit filed by local rancher Ed Bartell and not yet heard in court. This lawsuit raises environmental concerns, including threats of further depletion of the already over-allocated aquifer and harm to Lahontan cutthroat trout, a Federally-listed threatened species. Bartell and another local rancher have also challenged water rights transfers which the corporation needs for the mine.
When will the preliminary injunctions be over, and the full lawsuit be heard?
Judge Du has stated that she intends to decide on this case by early 2022.
If the judge rules in favor of the tribes, the BLM will have to restart the consultation process. This process would need to include any tribes that wish to be included, and up to ten tribes in the region have demonstrable cultural ties to the Thacker Pass. The consultation process could easily take 1-2 years, during which time local, national, and international opposition may continue to build.
If the Judge rules in favor of Bartell and/or the environmental groups, the NEPA process may need to be revisited, which could similarly take years.
Meanwhile, Lithium Nevada also still needs air and water permits from the Nevada Division of Environmental Protection, Eagle Take permits from the U.S. Fish and Wildlife Service, and the ARPA permit from the BLM before construction can begin. The corporation also still needs the BLM to set the mining reclamation bond amount.
Conclusion
Contrary to statements made by Lithium Nevada and recent media coverage, this nefarious and ill-conceived lithium mining project still remains rather far from a reality. The fate of Peehee Mu’huh truly does still hang in the balance, and if any of the current plaintiffs win their cases, this mine could take many years to properly permit. It may never happen. It is essential that all people stand up against the destruction of the planet, poisoning of water, rampant colonialism, harm to local communities, and greenwashing represented by lithium mining projects like this.
Please join NCRN on Wednesday August 25, 8 pm ET for a Webinar with Will Falk: Protect Thacker Pass.
Will Falk is an attorney, writer, poet, activist, and organizer with Protect Thacker Pass. Protect Thacker Pass is an “independent, grassroots collective of people” protecting the land and all life from a proposed lithium mine in the Central Basin, Nevada. For Thacker Pass Facebook click here.
On January 15th of this year Will Falk and Max Wilbert staked their ecological hearts and souls on Protecting Thacker Pass, or Peehee mu’ Huh as the area is known to the Indigenous. Members of the local Fort McDermitt tribe are currently petitioning the courts to stop the destruction of the land and their native ancestors buried beneath it from the bulldozers of Lithium Americas.
The NCRN, in conversation with Will and tribal members, will discuss how the structure of our system negates tribal rights and tribal history in order to obtain natural resources – in this case, lithium, used to feed the electric car manufacturers who have convinced so many that electric cars are ‘green’.
For more information go to the NCRN post here. See you soon!
The great poet and playwright James Baldwin wrote in 1953 that “People who shut their eyes to reality simply invite their own destruction.”
Perhaps never has this been truer than in this era of converging ecological crises: global warming, biodiversity collapse, desertification and soil erosion, ocean acidification, dead zones, plastic pollution, sprawling habitat destruction, and the total saturation of our environment with radioactive or toxic chemicals.
Ignorance is not bliss; it is dangerous.
That is why I am so concerned that, while searching for solutions to global warming, many people imagine that fossil fuels can be simply replaced with solar and wind energy, that gas tanks can be swapped for lithium batteries, and that this will solve the problem.
For years, I have been arguing that this is wrong, and that we need much more fundamental changes to our economy, our society, and our way of life.
For the last 6 months, I have been camped at a place in northern Nevada called Thacker Pass, which is threatened by a vast planned open-pit mine that threatens to destroy 28 square miles of biodiverse sagebrush habitat, release millions of tons of greenhouse gas emissions, bulldoze Paiute and Shoshone sacred sites, and leave behind piles of toxic waste for generations to come.
Electric cars and fossil fuel cars don’t differ as much as lithium mining companies would like us to believe. In fact, a direct link connects the water protectors fighting the new Line 3 oil pipeline in the Ojibwe territory in Minnesota and the land defenders working to protect Peehee Mu’huh, the original name for Thacker Pass in the Paiute language.
The new Line 3 pipeline would carry almost a million barrels a day of crude oil from the Alberta Tar Sands, the largest and most destructive industrial project on the planet, to refineries in the United States. On the way, it would threaten more than 200 waterbodies and carve a path through what CNN called “some of the most pristine woods and wetlands in North America.” The project would be directly responsible for millions of tons of greenhouse gas emissions.
For the last 7 years, indigenous water protectors and allies have rallied, petitioned, established resistance camps, held events, protested, and engaged in direct action to stop the Line 3 pipeline from being built. More than 350 people have been arrested over the past few months, but pipeline construction continues to progress for now.
Ironically, the proposed Thacker Pass lithium mine would require importing nearly 700,000 tons of sulfur per year — roughly equivalent to the mass of two Empire State Buildings — for processing the lithium. This sulfur would likely come (at least in part) from the Alberta tar sands, perhaps even from oil that would flow through Line 3.
Almost all sulfur, which is used in a wide range of chemical processes and fertilizers, comes from oil and gas refineries, where it’s a byproduct of producing low-sulfur fuels to meet air-quality regulations around acid rain.
According to the U.S. Geological Survey, tar sands contain 11 times as much sulfur as conventional heavy crude oil, and literal “mountains” of sulfur are piling up in Alberta and at other refineries which process tar sands fuel. Sulfur sales revenue is important to the economics of tar sands oil extraction. One report released in the early years of tar sands extraction found that “developing a plan for storing, selling or disposing of the sulfur [extracted during processing] will help to ensure the profitability of oil sands operations.”
This means that Thacker Pass lithium destined for use in “green” electric cars and solar energy storage batteries would almost certainly be directly linked to the Line 3 pipeline and the harms caused by the Tar Sands, including the destruction of boreal forest, the poisoning of the Athabasca River and other waters, and an epidemic of cancers, rare diseases, and missing and murdered indigenous women facing Alberta First Nations. And, of course, the tar sands significantly exacerbate global warming. Canadian greenhouse gas emissions have skyrocketed over recent decades as tar sands oil production has increased.
Mining is exceptionally destructive. There is no getting around it. According to the EPA, hard-rock mining is the single largest source of water pollution in the United States. The same statistic probably applies globally, but no one really knows how many rivers have been poisoned, how many mountains blown up, how many meadows and forests bulldozed for the sake of mining.
The water protectors at Line 3 fight to protect Ojibwe territory, wild rice beds, and critical wildlife habitat from a tar sands oil pipeline, oil spills, and the greenhouse gas emissions that would harm the entire world. Here at Thacker Pass, we fight the same fight. The indigenous people here, too, face the destruction of their first foods; the poisoning of their water; the desecration of their sacred sites; and the probability of a toxic legacy for future generations. I fight alongside them for this place.
Our fights are not separate. Our planet will not cool, our waters will not begin to flow clean again, our forests will not regrow, and our children will not have security unless we organize, stop the destruction, and build a new way of life. The Line 3 pipeline, and all the other pipelines, must be stopped. And so must the lithium mines.
The wind howls at Thacker Pass. Rain beats against the walls of my tent. A steady drip falls onto the foot of my sleeping bag. It’s June, but we are a mile above sea level. Summer is slow in coming here, and so the storm rages outside, and I cannot sleep. Nightmare visions of open-pit mines, climate breakdown, and ecological collapse haunt me.
James Baldwin gave good advice. In this time, we must not shut our eyes to the reality that industrial production, including the production of oil and the production of electric cars, results in industrial devastation. And with our eyes wide open, we must take action to protect our only home, and the future generations who rely on us.
This episode of Muse Ecology is a terrific podcast with interviews with members of the People of Red Mountain, local community members, campers at Thacker Pass, and other supporters of Protect Thacker Pass.
In this episode in the Water, Life, Climate, and Civilization series, we hear diverse voices from the resistance to the proposed lithium mine at Thacker Pass in northern Nevada, on Paiute and Shoshone ancestral lands.