![The RCMP’s War in the Woods [Dispatches from Fairy Creek]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/08/195525603_305675661254197_2021580234812101932_n.jpg)
Featured image from the Fairy Creek Blockade Facebook page.
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:
https://www.instagram.com/stories/fairycreekblockade/2637396709166361159/
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:
https://sierraclub.bc.ca/teal-jones-risks-destroying-fragile-western-screech-owl-forests/
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.
![Legal update and hearing this week / Press Conference on Thacker Pass Lawsuits [Dispatches from Thacker Pass]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/08/Rally-at-Far-Western-980x549-1.jpg)
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.
The press conference will be live streaming on the Protect Thacker Pass Facebook page.
Legal update and hearing this week
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.
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.
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.
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.
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.
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.
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.
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.
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.
For more on the Protect Thacker Pass campaign
![Webinar with Will Falk: Protect Thacker Pass [Dispatches from Thacker Pass]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/08/Bildschirmfoto-29.jpg)
Dear Friend,
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.
Register 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!
Susie Beiersdorfer
President NCRN
For more on the Protect Thacker Pass campaign
This article originally appeared in Protect Thacker Pass.
By Max Wilbert
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.
Also available at The Sierra Nevada Ally, Dispatches from Thacker Pass series.
For more on the Protect Thacker Pass campaign
#ProtectThackerPass #NativeLivesMatter #NativeLandsMatter
By Carlos Zorrilla with Arden Buck and David Pellow
Resistance to mining is growing worldwide. Although extractive companies are powerful, they are also vulnerable.
About this guide
This guide is intended for leaders and organizers who can work with communities to carry out local actions, and who can also work at the regional, national, and international levels. It describes aspects of the mining process and the dangers your community faces when mining companies seek to operate in your community (Sect. 1), the many strategies you can use to fight back (Sect. 2 and Appendices A and B), examples of successful resistance by communities who fought back (Appendix C), and helpful resources in a companion volume (Supplement). Our hope is that with this guide, you too can succeed in protecting your community against these dangers.
This guide is not only for mining.
Most of the tactics and countermeasures described herein apply equally well to other extractive and exploitative activities: oil, gas, logging, various polluting industries, and large hydroelectric dams. Most activities proposed by large corporations, although they promise benefits, ultimately devastate local communities and their surroundings. If your community is targeted, it is essential to organize and resist. Acknowledgements: The material in this guide draws on the experience of several experts on mining and its impacts, particularly principle author Carlos Zorrilla. The guide came about because he realized that other communities around the world could benefit from the knowledge and experience that he and his colleagues gained while fighting to keep his area from being destroyed by mining companies.
Download the whole guide as PDF here:
Update from July 23, 2021
Contact: freejessicareznicek@gmail.com
Facebook: https://www.facebook.com/freejessrez
Website: Supportjessicareznicek.com
Featured image photo credit: Christina Yurena Zerr
Since sentencing Jessica has remained on house arrest at the Des Moines Catholic Worker, with her cat Noni who has offered constant comfort and solidarity. The United States Department of Justice has notified Jessica Reznicek that she is scheduled to report to Waseca, MN Federal Correctional Institution on Aug 11th at 2pm. Our hearts are filled with feelings of love and gratitude from all the requests to write letters of support to Jessica. Once she is in prison we will launch a letter writing campaign with all the information and directions on how to do so.
The 8th Circuit United States Court of Appeals has set a preliminary deadline of August 19th for an appeals brief to be filed. The appeal will be focusing on Judge Rebecca Goodgame Ebinger’s misuse of terrorism enhancements at Jessica’s sentencing.
Despite federal authorities use of ‘terrorism’ language to describe Reznicek’s actions, no person was harmed by her actions, nor was she technically convicted of any terrorism-related crime. In plain language, there are already laws on books to punish people for arson, and without the domestic terrorism enhancement Jessica would be looking at less than half of the 8 year sentence she has wrongfully received.
ADD YOUR NAME TO THE PETITION: https://actionnetwork.org/petitions/protecting-water-is-never-terrorism-repeal-jessica-rezniceks-terrorist-enhancement?source=direct_link&
In the meantime, Jessica remains upbeat and heart-strong as she is receiving enormous amounts of support, solidarity and love from folks around the globe. She is currently exploring ways to earn her bachelor degree while in prison through prison correspondence education programs. For more information on Jessica’s case and to continue to support Jessica visit our website: supportjessicareznicek.com
If you are on organization that would like to add your name to the petition or support team fill out this form: https://forms.gle/EVP17qvNmgp5AYRRA
Thank you for your support!
Love and solidarity,
Jessica and the Jessica Support Team
Update from August 11, 2021
Jessica Reznicek self surrenders for an unjust sentence: appeal and petition move forward.
Contact: freejessicareznicek@gmail.com
Waseca, MN– Today water protector Jessica Reznicek self-reported to the Waseca Federal Correctional Facility to begin serving her 8 year prison sentence for the actions she took to stop the Dakota Access Pipeline. Jessica spent the week leading up to her imprisonment emotionally preparing with her spiritual community. When asked how she felt she said:
“Today I feel sad to be saying my final goodbyes to loved ones. I am strengthened, however, knowing that I’m still standing with integrity during this very important moment in history, as there truly is no other place to be standing at a time like this.”
Jessica’s harsh sentence was the result of a domestic terrorism enhancement that federal prosecutors are increasingly using against water protectors and climate justice activists who endanger the fossil fuel industries profits. Jessica is still actively pursuing an appeal. Her lead attorney Bill Quigley gave an update: “The legal team is working hard on this appeal to challenge the length of the sentence and to reverse the terrorism enhancement. A number of environmental organizations have agreed to consider signing onto amicus or friend of the court briefs supporting Jessica. The deadline for filing briefs is currently August 19 but we expect that will be pushed back at least a month.”
Jessica and her support team are asking the public to sign this petition to take a stand against the criminalization of water protectors. So far over 5,600 have signed along over 50 organizations including Veterans for Peace, MN350, National Lawyers Guild, CODEPINK, Chesapeake Climate Action Network, About Face: Veterans Against the War, and Center for Protest Law and Litigation.
A statement from the support team read “It is important to highlight this moment. Only days ago the Intergovernmental Panel on Climate Change released their most dire report yet, calling it a code red for humanity. We’re in a moment when scientists, indigenous people, and global ecosystems sound the alarm, and over a dozen state governments in the US introduce critical infrastructure bills targeting pipeline protestors under the guise of “national security”. A moment when the sheriffs and police in Minnesota arrest over 600 people fighting to stop the Line 3 pipeline and charge 100 with the new critical infrastructure laws and dozens more with felonies. A moment when a federal judge orders Jessica Reznicek to pay 3.2 million in restitution to a fossil fuel corporation responsible for building a world that humans cannot survive in, a moment when, today, Jessica reports to prison to start an 8 year sentence labeled a terrorist by Joe Biden’s Department of Justice. What happens to Jessica, happens to all of us! In this moment we must unequivocally tell Joe Biden protecting water is never terrorism. Acting on clear directives from climate science with direct action is never terrorism. ”
When life on this planet is under attack, as Jessica says “there truly is no other place to be standing at a time like this.”
Add your name to the Petition:
For more information on Jessica’s case and to continue to support Jessica visit our website: supportjessicareznicek.com
If you are on organization that would like to add your name to the petition or support team fill out this form: https://forms.gle/EVP17qvNmgp5AYRRA
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