Ana Villa has fearlessly confronted agribusiness multinationals and armed groups that have tried to take over the land where rural communities and Indigenous people live in the Colombian plains.
She risks her life fighting for the rights of vulnerable communities in the municipality of Cumaribo, a region that serves as the intermediate zone between the savanna and the Amazon rainforest in eastern Colombia’s Vichada department.
The communities’ support has empowered her to continue her fight in a dangerous region for environmental defenders.
Featured image: Ana Villa has made several trips to Bogotá to report safety and environmental breaches in the Colombian plains. Image by Ana Villa.
Ana Villa has traveled dozens of times on the highways of Vichada department in eastern Colombia, in service to her rural community. These trips can take up to 18 hours and cross an extensive savanna that’s the ancestral home of Indigenous communities and today hosts landless peasant farmers, or campesinos, who arrived in the area several decades ago. More recent arrivals, coming in the past 15 years, include agribusinesses, agroforestry and oil companies.
Villa defines herself as a “woman of character,” and her persistence has been key when dealing with land rights and environmental issues on behalf of her people in the municipality of Cumaribo. “Anita,” as her acquaintances call her, has not been afraid to confront the multinationals that have come to the region to establish large monoculture plantations, or the violent criminal groups that seek to dispossess rural and Indigenous communities of their land.
In 1991, Villa and her family arrived in Cumaribo seeking better opportunities and fleeing the violence that displaced them from their home in Cubarral, in Meta department, also on the Colombian plains. In 1996, she bought Las Azucenas, an estate that, in her words, “was only savanna and cheap,” but had no property title, like many other plots in Vichada.
Cumaribo is the largest municipality in Colombia by area, at 74,000 square kilometers (28,500 square miles) — more than three times larger than El Salvador, and more than twice the size of Belgium. It’s located in the Orinoquía region, the basin of the Orinoco River that forms an intermediate zone between the savanna and the Amazon rainforest. It’s in this region, with its enormous water wealth, where farmers like Ana Villa have sought out opportunities to build a dignified life. Large companies have also been attracted to the region, drawn by the extensive stretches of fertile soil in which to set up their industrial farms.
“There are two kinds of leaders: born leaders who seek to defend their community, and leaders on paper who claim for themselves and never seek collective gain,” says Luis Torres, a rural community leader from Vichada and friend of Villa’s. “She is a born leader. We admire her and that is why she’s in charge of everything.”
Villa has been active across a range of platforms to report the abuses that rural and Indigenous people living in Vichada experience. She has received threats from criminal groups for trying to help dozens of families obtain land rights. On one occasion, armed men cornered her and she confronted them. Besides her reports, she has also stood up to large agribusiness multinationals trying to take over land in the region.
This is her story.
Fearless defender
“I started to worry about environmental issues when I saw that the streams on my farm were drying out,” Ana Villa says. “I filed a complaint after they sprayed the entire river basin with glyphosate. Since then, I started to fight for water.”
Her leadership and drive to protect natural resources soon extended beyond Cumaribo. Villa has taken her claims and protests to Yopal, the capital of the Casanare department, also in the Colombian plains. In 2014, the eastern region of Colombia was gripped by an intense summer that caused water shortages.
Some communities in the affected departments took their grievances to Yopal to demand answers from Corporinoquia, the departmental environmental authority. Leading environmental activists, including Villa, met to demand the resignation of Corporinoquia’s executives. They argued the authorities had taken little action in times of drought and didn’t follow up on complaints from communities about water contamination by the oil and agroforestry industries. “You go and report [it] and nothing is done. We wanted them to quit because they weren’t doing what they were supposed to do,” Villa says.
Martha Jhoven Plazas Roa, at the time the director of Corporinoquia, said in the authority’s 2014 accountability report that Corporinoquia had responded to most of the complaints and had carried out proper environmental controls in the region. She said that of the 1,123 complaints the corporation received in 2014, it handled about 1,000.
However, according to Villa, in the almost seven years since then almost nothing has changed; the complaints have not yielded the expected results, and companies continue to pollute the water. Making a request to the environmental authority is more complex today because its headquarters in Cumaribo has been closed since the end of 2020. Anyone trying to engage with Corporinoquia must travel at least five hours to La Primavera, another municipality in Vichada.
Being the leader of her community entails many responsibilities for Villa, including taking care of her neighbors’ and colleagues’ requests, and being the face of the claims against municipal administrations, public force, settlers who want to take over lands, multinational agribusiness companies, and even criminal armed groups. Addressing all this has put Villa in danger on several occasions. In 2014, while backing the protests against Corporinoquia’s management, she received her first death threat. “A man called me and said that my community had to obey him and leave the companies alone,” she recalls.
A year later, in 2015, while she was on her way to a meeting with villagers petitioning for their land rights, she was intercepted by armed men. “I don’t know what happened to me at that time. I had a lot of [anger] and I started telling them everything that crossed my mind: that they were used to killing people tied up because they were cowards. I told them that if they were going to kill me, they would have to kill me right there,” Villa says. Some residents of Cumaribo who witnessed the incident came to her aid and forced the three armed men to leave.
But Villa also speaks firmly to villagers if she sees that they are the ones damaging the environment. “The truth is that community members are targeted to plant coca. Sometimes they don’t think about the future,” Villa says, noting that the difficulty of growing food crops often pushes rural people to cultivate the more lucrative coca plant for the illegal drug trade. “In several meetings, I have told them that we must not cut down the forests, that we [should] plant the savanna and take care of the forests in Vichada because they are very small, and from there, streams that make up the river basin are born. If we cut down the forests, we are going to kill the fauna, we will destroy everything.”
“We trust Anita and that’s why we’ve asked her to stand up against it all,” says Torres, the community leader. “We take care of each other because those of us who claim land are targets of threats.” Villa says the community’s support is her source of strength, and that she’s not afraid to exercise leadership in a dangerous region for environmental defenders because “the community has my back, we all take care of each other.”
Claiming land
2021 brought good news for Ana Villa and her family. After more than a decade of claims, they received the property title to Las Azucenas, the farm they bought in 1996. This win provided another impetus for Villa to continue supporting 13 families in her municipality who are also seeking official titles to the lands they have inhabited for decades.
Villa has played a fundamental role in the community since 2014, when she witnessed families from a village in Cumaribo being displaced from where they lived. The villagers have sought official ownership of the land from the National Land Agency (known by its acronym in Spanish as ANT). Villa says she witnessed armed men arrive claiming to be the owners of those properties. One of the displaced villagers, Nepomuceno Pilón Caicedo, later became Villa’s friend and partner in pushing the families’ claims. “We are settlers. When we arrived there was nothing. We built our houses there and eventually the village,” Caicedo says. Villa has helped them contact lawyers for advice and collect information to request ownership of the lands. “I help the community members with information, contacts and writing documents,” she says.
Her activism has made Villa an expert on land issues. “When I started as a leader in the Community Action Council, I joined the Norman Pérez Bello Claretian Corporation as a volunteer and I began to learn about land claims and what to do in those cases,” she says. The Norman Pérez Bello Claretian Corporation is an organization that assists vulnerable communities, rural and Indigenous people fight for their rights. To date, Villa has helped 20 families in various villages who are in the process of formalizing ownership of their lands with the ANT, or by making requests to the Land Restitution Unit, the government agency in charge of verifying that applicants have lost their lands due to Colombia’s long-running armed conflict, and taking these cases before specialized judges.
An official with the Norman Pérez Bello Claretian Corporation describes Villa as a very active leader who has been present in various political events to report what is happening in her community and the abuses that villagers and Indigenous people who live in Vichada are going through. “Ana helped us a lot to build and establish a protection and self-care system in rural areas,” the official says. “She is a woman who has always made an effort to report and make her voice heard as a campesina who defends human, land, ecosystem and environmental rights.”
In 2013, Villa and other social leaders created the Association of Community Action Council of Vichada (Asojuntas Vichada), which was the beginning of the reports regarding the irregular accumulation of vacant land by various companies on the Colombian plains. This is one of the major battles she has fought.
In the council, she met Luis Guillermo Pérez Casas, a lawyer. Together, they began to document how the company Colombia Agro, which at the time was owned by the U.S. multinational Cargill, had accumulated about 50,000 hectares (nearly 124,000 acres) comprising more than 40 campesino properties. Cargill had done this with the assistance of Brigard Urrutia, a law firm, it was later revealed.
Colombia Agro had created dozens of paper companies, each of which would buy a piece of land and thus evade the limits on accumulating vacant land. Under a 1994 law, no individual or company may own more than one property that has been vacant. The legislation seeks to guarantee that state lands are handed over to underprivileged villagers and distributed to a few. In Vichada department, no more than 3,000 hectares (7,413 acres) can be granted to a single applicant.
Cargill, one of the largest agribusiness companies in the world, has had a presence in Colombia since the 1960s. Communities in several countries where the company operates have complained about its business and environmental practices, according to a 2019 report by the U.S. environmental campaign group Mighty Earth.
Ana Villa and the lawyer Luis Guillermo Pérez showed how Cargill, with the help of Colombian officials, had acquired land larger than the urban and suburban areas of Bogotá, spanning 47,700 hectares (118,000 acres). Villa says she began investigating the case when several foreigners arrived in the region to buy the land that the government had already granted to villagers after a process that took decades. She says many of the villagers sold their land at low prices due to the difficult conditions of violence in which they lived. The outsiders, after a few months, resold the land to Cargill for much higher prices.
Villa says that while the company was obtaining titles for properties in Cumaribo, rural and Indigenous communities who had been trying for years to obtain land titles continued to wait in vain. Mongabay Latam and Rutas del Conflicto were able to verify that the ANT had denied several adjudication requests from Villa’s neighbors, who, as victims of forced displacement, had to go to the Land Restitution Unit. The unit accepted their cases and will present them before a judge.
In 2013, Villa and Pérez’s complaint reached Colombia’s Congress, via the offices of Senator Jorge Enrique Robledo and Representative Wilson Árias. The two congressmen that same year initiated a debate in which they stated that the then Colombian ambassador to the U.S., Carlos Urrutia, was a partner in the law firm advising Cargill. Villa traveled from Cumaribo to Bogotá and participated in the debate in Congress, testifying about what she and other leaders in the area had documented.
After the debate, Urrutia resigned as ambassador, but Cargill and its subsidiary remained in the area as owners of the properties where corn and soy crops were being cultivated. Villa continued to be the spokesperson for the rural and Indigenous communities who complained daily about the effects of the agrochemicals used by the company.
The fight against environmental pollution
In Cumaribo several rural and Indigenous communities have complained to Corporinoquia about Colombia Agro’s environmental behavior between 2013 and 2015. Villa has led several of those claims to protect the health of Indigenous people as well as the ecosystems of the area. “They all drink the water from the river, that’s what they bathe with. Fish died some time ago. We went with the engineer Julián Quintero” — a former Corporinoquia contractor who has helped Villa draft the environmental complaints — “and we even saw dead rays, and the Indigenous people got sick,” Villa says.
The mismanagement of Colombia Agro’s waste has been recorded in several visits made by Corporinoquia. Mongabay Latam and Rutas del Conflicto requested information on these visits, and the environmental authority said it has carried out five inspection processes since 2013, in which it found that Colombia Agro did not have permits for the discharge of industrial wastewater.
In two visits, it found an “open-air disposal of solid and hazardous waste” on two properties,” as well as “the illegal capture of water (surface and underground) and discharge of domestic and non-domestic wastewater to the ground, without the respective permits” on three properties.
The complaints against the company’s environmental impact escalated into a criminal prosecution in 2016, after a villager living close to the company reported the aerial spraying of crops using the herbicide paraquat. According to Colombian environmental regulations, this chemical may only be used manually. The newspaper El Espectador reported in 2015 that prosecutors had charged various officials from Colombia Agro with environmental damage, including former manager Juan Aquilino Pérez and the contractor in charge of aerial spraying.
Mongabay Latam and Rutas del Conflicto were able to verify that Aquilino Pérez and other company officials and contractors were charged in 2016 for the illegal use of resources, aggravated damage to renewable resources, and environmental contamination. As of March 2021, the criminal process is still ongoing and no ruling has been handed down.
According to the residents of the area, the prosecution for environmental damage caused Colombia Agro to reduce its operations in the area in 2017. However, Ana Villa says that in 2019 the company returned stronger and resumed its agribusiness project. To find out if they are still operating in the area, we searched for the ownership titles and confirmed that they continue to belong to Colombia Agro through the companies it created to acquire them. By reviewing documents from the Chamber of Commerce, we were also able to confirm that Cargill is no longer associated with Colombia Agro.
The documents show that, in 2016, the parent company that owns Colombia Agro went from Black River SAS, which was a Cargill subsidiary, to Proterra, a company created by former Cargill officials.
Robert Philipp Hutter, who, according to his LinkedIn profile, worked for Cargill in 1999 and is the son of former Cargill president Heinz Hutter, is also the president of Proterra. According to its website, Proterra is a private equity fund manager, and while Cargill no longer owns it, the multinational still “maintains its relationship with Proterra as committed limited partner to the Funds.”
Mongabay Latam and Rutas del Conflicto were able to establish that Matthew David Waller, partner and head of finance and operations of Proterra, has an ongoing criminal case with Colombian prosecutors for damage to the environment, related to the Colombia Agro case and its properties in Vichada.
We contacted Cargill representatives in Colombia to ask if the company directly managed the properties, if it had resumed the agribusiness project in Vichada, and if it had made adjustments to comply with Colombian environmental regulations. But Cargill only said that since 2015 it has had no ties with the companies that own the land in Vichada. We tried to contact Matthew Waller from Proterra and officials from Colombia Agro, but got no response.
There is no clarity on the presence and performance of companies like Colombia Agro in the region. Ana Villa says she fears the agribusiness projects have been reactivated, which in the past, and according to reports from Corporinoquia, have caused damage to the natural resources of Cumaribo.
Also, the presence of criminal armed groups in the region has increased over the past year. Several Indigenous and rural communities have reported threats against leaders who defend their rights to own land and have a healthy environment. Even the Ombudsman’s Office, with its early warning system, raised concerns in April 2020 about the increase in criminal armed groups and threats to social leaders in municipalities in Meta and Vichada.
Several neighbors have warned Villa about the dangers of traveling to certain areas. She says she’s become very discreet while traveling to relay community requests to government agencies. “My life has changed a lot since becoming a leader, sometimes for the better and sometimes for the worse. I know that there are many complications such as threats and risks, but I have dedicated myself to the people most in need, to the people who live in the most remote and abandoned territories,” she says.
Despite all this, whenever she is needed, she is willing to travel, if necessary for more than 25 hours. That doesn’t matter to her, she says. She insists on finding solutions that help improve the living conditions of her rural community and of the Indigenous people who trust her work.
Fairy Creek is home to a number of species at risk, and should be protected, say several scientists. At-risk species sighted in recent months include a variety of birds, little brown bats, and a lichen described as “cute” and sensitive.
Could these species help Fairy Creek find true protection — beyond its present two-year deferral of logging?
Last Friday at Fairy Creek, three scientists and a citizen scientist showed the assembled forest protectors evidence gathered since May on several federally listed species at risk. Although they described their inventory of species in the old-growth forest as just a beginning, many species were sighted.
Citizen-scientist Natasha Lavdovsky described the Oldgrowth specklebelly lichen which she found in the area. As a multi-disciplinary artist with a science background, Lavdovsky appreciates the lichen’s uniqueness. “They are really cute, because they have a speckled texture on their underbelly. It’s bluish on top, and pinkish underneath. When you look at them with a hand lens, they’re really quite exquisite.”
The rare lichen is generally found farther north, she told the group. Yet, “This is very likely to be the largest population of this lichen ever found in B.C.”
The main reason it still exists is because blockades have been protecting the area for the past year, she said. Most of the lichens are within an approved Teal Jones cut-block in TFL 46, which has been partially logged.
“Many of these lichen communities are right beside clear-cuts. They’re dying now from too much sunlight.” The speckled-belly lichen only grows in old-growth forests.
Dr. Loys Maingon explained that the importance of lichens is vastly underestimated: “They are a crucial, foundational part of our living world. They play an outsized and poorly understood role in global photosynthesis and nutrient cycling.”
An old-growth forest hosts communities of lichens, which, in a highly synchronized way, process rainfall and atmospheric humidity. They capture vital nutrients out of the air, and provide nutrients that support the forest, and the food chains that support all of its creatures, he said.
“Their abundance and diversity are indicators of ‘healthy forests’,” Dr. Maingon added. “Lichens are the basis of nitrogen-cycling in old-growth forests. They’re the foundation of the pumping mechanism that goes into the “biotic pump model” – the capture of water out of condensation and evapotranspiration processes of water, and its transportation inland, far beyond what would normally be expected by passive wind-driven processes. The forest’s biotic pump creates much of our climate.”
Some researchers recently reported that lichens may actually sequester even more carbon dioxide than the old-growth trees they live upon, he said. They also neutralize acidic rainwater as it runs over them to the ground.
Despite providing countless ecosystem services, the specklebelly lichen “is very sensitive,” and a vulnerable at-risk species, Lavdovsky noted. She read a BC Timber Sales document that called for a 200-metre buffer zone to protect the lichen’s habitat from logging. One tree on which she found the rare lichen growing had been marked with red falling-boundary tape. She also found dying lichens along the newly built roadside and in an area that directly bordered a recent cut-block.
“Many people trust that endangered species are protected by law in BC, but they’re not,” said Kathleen Code, a Rainforest Flying Squad spokesperson. “Although there are government ‘guidelines’ requiring logging companies to complete a wildlife inventory and management plan before they log, in practice there is no penalty for inadequately prepared inventories and management plans. No penalty, in other words, for erasing habitat and killing endangered species.”
Dr. John Neilson, a fisheries scientist who has worked for the Committee on the Status of Endangered Wildlife in Canada, noted that the federal Species at Risk Act applies only to federal lands in BC, such as national parks.
“In spite of explicit election promises made by Mr. Horgan in 2017, BC still does not have a provincial act to protect at risk species, placing the province in a minority nationally.” A very small number of species are covered by BC’s Forest and Ranges Practices or Wildlife Acts.
“I expect that information from our surveys will inform public reactions to the government’s passive and inadequate response to protecting BC’s biodiversity on southern Vancouver Island.”
Along with Dr. Jim Cuthbert, Dr. Neilson helped organize several “BioBlitz” inventories at Fairy Creek since May. Using the i-Naturalist app, he noted that, “With minimal survey effort, we have now documented 322 species, from 903 observations.
“Our data provide evidence of a significant number of species at risk. We have seen 62 observations of 14 vulnerable species.” A more thorough inventory is still needed, which would consist of returning through different seasons, and better coverage of the central part of the Fairy Creek valley and watershed.
At-risk species documented during the BioBlitzes include:
– recordings made of little brown bats near Fairy Lake
– many sightings of Western toads and Northern red-legged frogs
– many sightings of Marbled murrelets and Western Screech owls, as well as other bird species such as Northern Goshawk, Olive-sided flycatcher, and Band-tailed pigeon.
– many plant species, including Western Rattlesnakeroot, Coastal Brookfoam, Carolina Bugbane and Stink Currant.
– fungi species including Northern Red Belt
– other lichen species, including Cabbage Lung lichen
Dr. Neilson’s presentation to forest protectors ended with “a huge thank you” to the forest protectors, “for your passion, dedication and tenacity in your essential efforts to protect old-growth forests.”
Dr. Neilson and Dr. Jim Cuthbert wrote the BC government last week, to alert the ministers of environment and forests about the presence of endangered species in the Fairy Creek area (excerpt below).
“Perhaps enlightened public pressure might lead to long-term protection for these threatened species and their entire ecosystems,” Dr. Neilson said.
The following is an excerpt from a letter sent by the scientists July 25th, to Minister Katrine Conroy (Forests, Lands, Natural Resource Operations and Rural Development), and Minister George Heyman (Environment and Climate Change Strategy):
“In spite of your Ministry’s initial lack of support for our right to scientific freedom of inquiry, we have used the iNaturalist app to gather together much of the existing knowledge of the biodiversity of Fairy Creek. https://www.inaturalist.org/projects/fairy-creek-research
“Please refer to the link, and you will see evidence that federally-listed species at risk occur in that watershed. Note that these publicly-available data already exist, even without complete survey coverage of the watershed, which was the issue that we hoped to address by seeking access. We are sure that British Columbians will be deeply interested in hearing your plans to protect the habitats of those species, beyond temporary measures in certain parts of the watershed.
“It seems shocking that logging activities are being contemplated for an area where so little is known — and what little we know is indicating an area of great species diversity, including a significant proportion of species at risk. Please take time to explain your plan to protect the habitat of Fairy Creek for listed species found so far, and those yet to be found.
“We appreciate a prompt and positive response to this critical matter.”
On August 9th, exactly one year after the first Fairy Creek blockades began, the RCMP went on a rampage that appeared to be a tyrannical temper tantrum. They bulldozed down the kitchens at HQ, destroyed the pedal bikes, stole our medical supplies, fire-fighting equipment and communications devices, slashed car tires, towed away cars and tore down all the other buildings and toilets. The current RCMP operation includes the use of three helicopters, a surveillance van with satellite, about 100 officers from a special tactical team, police dogs, about 70 vehicles, arrest wagons, extraction equipment, gates and gate-builders, as well as team overtime and accommodation for nearly three months. The cost for this overwrought response to peaceful protestors is now undoubtedly in the millions.
*Four RCMP picked up a forest defender and appeared to deliberately drop him on his head. *He could see that the tow truck driver was about to hook up his friend’s car next, and was walking over to talk to him, when he was attacked:
Towed vehicles are being released at a cost of $2500.00. City of Victoria councillor, *Ben Isitt’s take on the written legal decision *on illegal RCMP exclusion zones: “In an important decision published yesterday, BC Supreme Court Justice Douglas Thompson has concluded that the RCMP is acting unlawfully by blockading public forestry roads on southern Vancouver Island (so-called ‘exclusion zones’)” This is difficult to justify when a survey by Sierra Club of BC found 92% of British Columbians want old-growth forests protected.
A BioBlitz survey, recently conducted by a team of volunteer scientists, focused on *endangered species near* *Heli Camp*. Evidence was found of at least *seven *endangered species living there. Realizing that further destruction in the area is increasingly likely as the raids on River and HQ continue today, biologist Loys Maingon say, “Professional biological inventories carried out in the Heli Camp area have resulted in a formal complaint to the BC Forest Practices Board, because they show that Teal Jones disregarded BC Timber Sales’ own guidelines, and BC government’s own official commitment under the Species at Risk Act, to protect Old-growth Specklebelly lichen, which is a rare listed endemic species, unique to the West Coast. “Management guidelines in BC show that there should be a minimal 200-metre setback from this species,” he added. “Teal Jones has built roads through this unique population and caused ‘irreparable harm to the environment’. The area is also home to other listed species which were not inventoried prior to the issuance of forestry licenses.”
Dr. John Neilson, a past member of COSEWIC (the national scientific group assessing the status of endangered wildlife in Canada) stated: “The blockade has bought time for citizen scientists to start to do the biological survey work that government and industry was obliged to do, but apparently did not. “Already, many rare and unusual species have been found in the Fairy Creek area, and road construction has already destroyed rare communities. Teal Jones and the Provincial Government have been made aware of these findings. The ball is now squarely in their court to respond with meaningful long-term protection for British Columbia’s biodiversity in the already too-scarce old growth habitat of southern Vancouver Island.”
There were no consequences when Teal Jones began clear-cutting in Caycuse this spring, despite the Sierra Club of BC’s warning that nesting Western screech owls had been found there:
Meanwhile, on Saturday Monday August 14th, 220 Elders marched into HQ and up the mountaina and scolded the RCMP who did not make any arrests. On Monday, August 16th, when Fairy Creek Forest Defenders were not looking, RCMP were caught slashing their drinking water bottles. We have seen repeatedly how this State sanctioned targets Indigenous and People of Color over settler forest defenders and brings home the hard facts of an extractive, destructive, nature-destroying post-colonialism.
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.
A delegation of representatives from six countries of America, representing Black and Indigenous communities and organizations belonging to the Black and Indigenous Liberation Movement (BILM) joined the Anishinaabe Nation and other Indigenous Peoples under the United States to demand that Enbridge Corporation stop the construction of the Line 3 oil pipeline, as well as all extractivist, racists, and colonial projects that violate their rights, territories and culture.
August 19, Minneapolis, USA. Between August 18 to 21, a delegation composed of representatives from social movements and Indigenous and Black communities from Canada, United States, Mexico, Dominican Republic, Chile and Ecuador; members of BILM; joined the communities of the Anishinaabe Nation and other Peoples of the United States to demand the suspension of Canadian oil company, Enbridge’s project, which plans to build Line 3, one of the largest crude oil transportation pipelines in the United States.
The BILM delegation of representatives demands the end of the colonial-extractivist model endangering the life of Indigenous Peoples and Black communities. Line 3 and other extractivist projects that are being implemented throughout the American continents negatively affect Indigenous Peoples violating their rights, territories, and culture; endangering especially biodiversity, water sources, and other vital resources for humanity; and also contributing to the environmental problems that affect the planet.
“The Anishinaabe People’s struggle against climate change is critical not only for them but for the entire planet. This struggle is particularly important for Black and Indigenous Peoples across the Americas for how it can unite us…and our communities must unite to stop the destruction of our planet, our territories and our own bodies.” Mike Bento, representative from New York City Shut It Down.
Line 3 is a project aiming to expand the pipeline that begins in Alberta, Canada and ends in Wisconsin, US, to transport almost a million barrels of oil per day. This project was proposed in 2014 by Enbridge, a Canadian oil company, responsible for the largest oil spill inside the US. Enbridge seeks to build a new oil pipeline corridor that will cross pristine wetlands and the territory of the Anishinaabe Peoples’ treaty lands through the headwaters of the Mississippi river up to the river banks of Lake Superior.
This is a time for mutual solidarity against racial capitalism, the carceral state, extractivism, patriarchy, and mass displacement. We are here to stand in solidarity with our relatives because there is no Climate Justice without Racial Justice.
“This is a time for mutual solidarity against racial capitalism, the carceral state, extractivism, patriarchy, and mass displacement. We are here to stand in solidarity with our relatives because there is no Climate Justice without Racial Justice.
Our fight to end centuries of colonization requires us to work together, to organize across borders and across languages in order to achieve liberation and self determination for our peoples across the hemisphere“, expressed Leo Cerda, founding member of the BILM Movement, and a member of the Kichwa indigenous people.
The State of Minnesota’s Environmental Impact Statement for Line 3 recognizes that the project will have “disproportionate and adverse impacts” on Native Peoples (Section 11.5), meaning this project does not comply with the basic environmental standard or the approved safeguards for recognized Indigenous territories. The construction of this pipeline is an act of environmental racism.
Amin Matias, member of the Dominican Afrodescendant Network, said that “Indigenous peoples, local communities and Black Peoples must resist against a development model that threatens our lives and the planet. We are here to condemn extractivism and fight against the structural racism that Black and Indigenous Peoples experience.”
The implementation plan for the Line 3 project will go through not only Anishinaabe territory, but also the territory of others, such as Dakota and Lakota Peoples. The establishment of this project would violate the Anishinaabe people and nation in its pathway, endangering the flora and fauna, pristine wetlands as well as the culture and the sovereignty of these indigenous Peoples.
“Solidarity among Indigenous and Black Peoples strengthens our struggle against extractivism and the abuse of the great economic powers promoting Line 3 in Minnesota, as well as in many other territories. Indigenous Peoples protect nature to preserve the planet for all humanity”.
As for Rosa Marina Flores Cruz, an Black-Indigenous Binnizá woman from the Isthmus of Tehuantepec, Oaxaca, Mexico, and member of the Indigenous Peoples’ Assembly of the Isthmus in Defense of Land and Territory, declared:
“We are here to make a common front. In the Isthmus of Tehuantepec in Oaxaca, Mexico, we are facing mega wind energy projects, which is renewable energy, but also projects to establish gas pipelines, and paradoxically, both types of projects follow the same logic of dispossession and appropriation of our territories”.
The consequences of the extractivist activities in both North America and Latin America are reflected in the impact on the territories, biodiversity, forests, soil, water, and the air quality which above all affect the population living there, for example, the case of Texaco in the Ecuadorian Amazon, a company that during its extraction period (between 1960 and 1992) produced 68 million cubic meters of wastewater filled with heavy metals and carcinogens, affecting the Siona, Secoya and Cofán Indigenous Peoples for several generations.
“Indigenous Peoples have to stop the expansion of extractive industries. Line 3 is intended to transport crude oil, but in my territory, in the Kichwa community of Serena, in the Amazon jungles of Ecuador, they want to set up mining concessions not authorized by us, the Indigenous Peoples,” said Majo Andrade Cerda, an Indigenous person from the Kichwa community of Serena, in the Ecuadorian Amazon.
ABOUT BILM
The Black and Indigenous Liberation Movement (BILM) is a coalition of collectives, peoples, grassroots organizations and social movements from across the Americas. It was born in 2020 to support struggles against racism, discrimination, violence, colonialism and the ravages of racial capitalism. The movement seeks to unite all the voices of the continent and establish a solidarity action network that allows us to raise awareness of the demands of each community and territory so that together we can fight the inequality and injustice experienced by Indigenous Peoples and Black communities. More info
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Established in 1990, The Indigenous Environmental Network is an international environmental justice nonprofit that works with tribal grassroots organizations to build the capacity of Indigenous communities. IEN’s activities include empowering Indigenous communities and tribal governments to develop mechanisms to protect our sacred sites, land, water, air, natural resources, the health of both our people and all living things, and to build economically sustainable communities.
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!
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