Save LBI Sues U.S. Agencies and Atlantic Shores Offshore Wind, Challenging Federal Approvals Greenlighting Marine Ecosystem Devastation, Including Risks to Critically Endangered Whales
LONG BEACH ISLAND (LBI), NEW JERSEY, January 13, 2025 – Save LBI, an organization that has been actively litigating issues surrounding marine mammal, human health, economic and other impacts connected to offshore wind industrialization off New Jersey since 2022, has filed suit against the U.S. Department of Commerce, National Marine Fisheries Service, Bureau of Ocean Energy Management, U.S. Department of Interior, and the Atlantic Shores Offshore Wind project for violations of a number of federal environmental statutes.
“This lawsuit serves as the first of its kind, launching a wide-ranging challenge against Atlantic Shores’ federal approvals, based on violations of environmental statutes such as the National Environmental Policy Act, the Endangered Species Act, the Marine Mammal Protection Act, the Outer Continental Shelf Lands Act, the Coastal Zone Management Act, and the Clean Air Act,” said Thomas Stavola, Jr., Esq., the attorney representing Save LBI. “We believe we have organized a compelling case that will demonstrate that these federal agencies were derelict in their respective duties to take critical information into account, and moreover, made arbitrary assumptions that entirely failed to disclose and consider the injurious impacts of the Atlantic Shores South project.”
Bob Stern, Ph.D., the primary plaintiff and president of Save LBI, further explained, “For example, “the agencies assume, incorrectly, that no North Atlantic right whales will suffer injury or death as a result of the Atlantic Shores South project. The evidence contradicts that assumption. In fact, our review and independent mathematical analyses shows a systemic underestimation of impact, and clearly indicate that the noise caused by pile driving, and, soon after, perpetual operational noise, will injure and kill high numbers of marine mammals — and, yes, injure and kill a number of North Atlantic right whales, a critically endangered animal that cannot afford to suffer any deaths given their numbers are now less than 340 total.”
The lawsuit ultimately seeks to have all federal approvals rescinded and the Atlantic Shores South project halted — stopping construction and preventing devastation to marine mammal life in the NJ/NY Bight regional waters. Eight other co-plaintiffs have joined Save LBI in this action, many of whom will be severely economically impacted due to the egregious harm to the marine ecosystem and the aesthetic, recreational blight imposed on the Jersey Shore via the circa 200 1,000-foot-plus high monstrosities slated to be constructed starting less than 9 miles east of Long Beach Island.
These inexcusable damages by the Atlantic Shores South project are not limited to marine mammal devastation, but also include significant impacts to tourism, shore economies, statewide energy bills, national defense, vessel navigation, and home values — all of which have been swept under the rug by much of the mainstream media, many elected officials, the Atlantic Shores company, and the federal agencies in their inexplicable haste to approve a project still in search of a clear purpose and need.
“We hope this lawsuit will serve as the vehicle to finally illuminate the damage being wrought here and to impose significant pressure on Atlantic Shores to withdraw, as their obfuscation of the project’s true effects are indefensible. The agencies simply cannot objectively argue that their approvals were made in accordance with the best science,” concluded Bob Stern.
This lawsuit was filed in federal court in the United States for the District of New Jersey on January 10, 2025.
About Save LBI
Save Long Beach Island (Save LBI) is an organization of citizens and businesses on and off the Island working together to protect the ocean and Long Beach Island and neighboring communities from the destructive impact of the Atlantic Shores project and potentially other offshore wind projects. As a not-for-profit, non-partisan entity, we do not endorse any political candidates but vigorously pursue policies and actions that protect the Island and New Jersey communities. The organization is led by Beach Haven resident Bob Stern, a Ph.D. engineer with
experience in environmental law who previously managed the U.S. Department of Energy’s office overseeing environment protection related to energy programs and projects.
Save LBI is fighting to stop the ill-conceived Atlantic Shores projects. Please visit SaveLBI.org to join the fight and consider making a donation.
ACK for Whales To File New Suits to Stop Environment-Destroying New England Wind Offshore Turbine Project Grassroots Group Has sent Notices to Federal Government Warning of Litigation Because Government Broke Multiple Federal Laws “We’re not going to stop fighting for the environment.”
NANTUCKET, MA, January 13, 2025 – ACK for Whales, the Nantucket grassroots group (formally known as Nantucket Residents Against Turbines) fighting to protect the environment from the devastation posed by New England Wind’s giant offshore wind project, said today that it has filed two Notices of Intent to sue the Department of Interior and other federal agencies for violating federal laws intended to protect the environment and endangered species.
The announcement comes as the group revealed the United States Supreme Court declined on Monday to hear the group’s petition for certiorari from lower court decisions on a different legal issue and involving a different project.
The new litigation is broader in scope than the suit previously filed against Vineyard Wind and seeks to halt and preclude construction by New England Wind of offshore wind turbines.
“New England Wind is an existential threat to our environment and while we are disappointed by the Court’s decision to not hear our appeal, we’re not going to stop fighting for the environment,” ACK for Whales President Vallorie Oliver said.
The Notices of Intent were sent Monday to the Departments of the Interior and Commerce, the Army Corps of Engineers, the Environmental Protection Agency, the Bureau of Ocean Energy Management (BOEM), and the National Oceanic and Atmospheric Administration and informed the federal agencies that decisions made to allow New England Wind’s project to build turbines off Nantucket and Martha’s Vineyard violate the Endangered Species, Marine Mammal Protection, National Historic Preservation, and Outer Continental Shelf Land Acts.
The letters warn that if the agencies do not reverse their approvals, ACK for Whales will proceed with its suits when the 60 day Notice period expires to prevent “substantial” harm to biological resources, including the endangered North Atlantic Right Whale, interference with economic activities in the high seas and territorial seas, including tourism, commercial fishing, and whale watching.
“The government continues to mislead the people of Massachusetts,” Oliver said, “making their usual false claims about offshore wind. The state’s press release claimed building these whale- killing monstrosities will ‘reduce the state’s carbon emissions by the equivalent of taking one million gas-powered cars off the road. Collectively, these projects will create thousands of jobs and generate billions of economic activity.’
“The State made the same false claims about Vineyard Wind and since that project was begun, BOEM has admitted building offshore wind will have no meaningful impact on reducing climate change, Vineyard Wind admits it’s not keeping track of the jobs it allegedly creates in Massachusetts, and its CEO admits that our power bills are going up.
“We can’t figure out why the government keeps giving away the store to foreign energy companies like Avangrid,” Oliver said. “We’re a non-partisan organization, we don’t do politics, but we hope Mr. Trump keeps his word and ends this madness on Day One of his Administration,” Oliver said.
About ACK for Whales
ACK for Whales is a group of Nantucket community members who are concerned about the negative impacts of offshore wind development off the south shores of our beloved Island. The Massachusetts/Rhode Island wind area is bigger than the state of Rhode Island and will ultimately be occupied by 2,400 turbines, each taller than the John Hancock building in Boston, connected by thousands of miles of high voltage cables. There are many unanswered questions, and the permitting of these massive utility projects has happened largely out of the public eye. We provide a community group of neighbors and friends, who all love the same place.
By Olivia Rosane is a staff writer for Common Dreams from Dec 02, 2024
Environmental organizations cheered as Norway’s controversial plans to move forward with deep-sea mining in the vulnerable Arctic Ocean were iced on Sunday.
The pause was won in Norway’s parliament by the small Socialist Left (SV) Party in exchange for its support in passing the government’s 2025 budget.
“Today marks a monumental victory for the ocean, as the SV Party in Norway has successfully blocked the controversial plan to issue deep-sea mining licenses for the country’s extended continental shelf in the Arctic,” Steve Trent, CEO and founder of the Environmental Justice Foundation, said in a statement. “This decision is a testament to the power of principled, courageous political action, and it is a moment to celebrate for environmental advocates, ocean ecosystems, and future generations alike.”
Norway sparked outrage in January when its parliament voted to allow deep-sea mining exploration in a swath of its Arctic waters larger than the United Kingdom. Scientists have warned that mining the Arctic seabed could disturb unique hydrothermal vent ecosystems and even drive species to extinction before scientists have a chance to study them. It would also put additional pressure on all levels of Arctic Ocean life—from plankton to marine mammals—at a time when they are already feeling the impacts of rising temperatures and ocean acidification due to the burning of fossil fuels.
“The Arctic Ocean is one of the last pristine frontiers on Earth, and its fragile ecosystems are already under significant stress from the climate crisis,” Trent said. “The idea of subjecting these waters to the destructive, needless practice of deep-sea mining was a grave threat, not only to the marine life depending on them but to the global community as a whole.”
“Thankfully, this shortsighted and harmful plan has been halted, marking a clear victory in the ongoing fight to protect our planet’s blue beating heart,” Trent continued.
In June, Norway announced that it would grant the first exploratory mining licenses in early 2025. However, this has been put on hold by the agreement with the SV Party.
“This puts a stop to the plans to start deep-sea mining until the end of the government’s term,” party leader Kirsti Bergstø said, as The Guardian reported.
Norway next holds parliamentary elections in September 2025, so no licenses will be approved before then.
The move comes amid widespread opposition to deep-sea mining in Norway and beyond. A total of 32 countries and 911 marine scientistshave called for a global moratorium on the practice. More than 100 E.U. parliamentarians wrote a letter opposing Norway’s plans specifically, and the World Wide Fund for Nature (WWF) has sued to stop them.
“This is a major and important environmental victory!” WWF-Norway CEO Karoline Andaur said in a statement. “SV has stopped the process for deep seabed mining, giving Norway a unique opportunity to save its international ocean reputation and gain the necessary knowledge before we even consider mining the planet’s last untouched wilderness.”
Haldis Tjeldflaat Helle, the deep-sea mining campaigner at Greenpeace Nordic, called the decision “a huge win.”
“After hard work from activists, environmentalists, scientists, and fishermen, we have secured a historic win for ocean protection, as the opening process for deep-sea mining in Norway has been stopped,” Helle said in a statement. “The wave of protests against deep-sea mining is growing. We will not let this industry destroy the unique life in the deep sea, not in the Arctic nor anywhere else.”
However, Norway’s Arctic waters are not entirely safe yet.
Prime Minister Jonas Gahr Stoere, of the Labour Party, toldTV2, on Sunday, “This will be a postponement.”
The government said that other work to begin the process of deep-sea mining, such as drafting regulations and conducting environmental impact surveys, would move forward. Norway is currently governed by the Labour and Center parties. The two parties leading in polls for September’s elections—the Conservatives and Progress Party—also both back deep-sea mining, according toReuters.
“If a new government attempts to reopen the licensing round we will fight relentlessly against it,” Frode Pleym, who leads Greenpeace Norway, told Reuters.
Other environmental groups tempered their celebrations with calls for further action.
Trent of the Environmental Justice Foundation said that “while today is a cause for celebration, this victory must not be seen as the end of the struggle.”
“We urge Norway’s government, and all responsible global actors, to make this a lasting victory by enshrining protections for the Arctic Ocean and its ecosystems into law, and coming out in favor of a moratorium or ban on deep-sea mining,” Trent added. “It is only through a collective commitment to sustainability and long-term stewardship of our oceans that we can ensure the health of the marine environment for generations to come.”
Trent concluded: “Today, thanks to the SV Party and all those around the world who spoke up against this decision, the ocean has won. Now, let’s ensure this victory lasts.”
Andaur of WWF said that this was a “pivotal moment” for Norway to “demonstrate global leadership by prioritizing ocean health over destructive industry.”
As WWF called on Norway to abandon its mining plans, it also urged the nation to reconsider its exploitation of the ocean for oil and gas.
“Unfortunately, we have not seen similar efforts to curtail the Norwegian oil industry, which is still getting new licenses to operate in Norwegian waters, including very vulnerable parts of the Arctic,” Andaur said. “Norway needs to explore new ways to make money without extracting fossil fuels and destroying nature.”
Greenpeace also pointed to the role Norway’s pause could play in bolstering global opposition to deep-sea mining.
“Millions of people across the world are calling on governments to resist the dire threat of deep-sea mining to safeguard oceans worldwide,” Greenpeace International Stop Deep-Sea Mining campaigner Louisa Casson said. “This is a huge step forward to protect the Arctic, and now it is time for Norway to join over 30 nations calling for a moratorium and be a true ocean champion.”
Editor’s Note: The successful Irish struggle against fracking by multi-national gas company Tamboran offers key insights on community power building for anti-extraction movements across the world.The Australian corporation paints its international natural gas projects as ‘green’ with words like “Net Zero CO2 Energy Transition”. But people in the Beetaloo Basin in Australia and Leitrim in Ireland don’t fall for their lies.
Read about how local people, farmers, fishers and artists – deeply intertwined with their land – unite to fight for what they hold dear: rivers and streams, peat lands and hills, villages and work on the land.
Resistance movements of the past, both successful and unsuccessful, are a good lesson in organizing and strategy. DGR supports resistance against renewable energies as well, but as we see, the struggle against fossil fuels continues in every country.
The reality of the climate crisis makes it clear that we must leave the “oil in the soil” and the “gas under the grass,” as the Oilwatch International slogan goes. The fossil fuel industry knew this before anyone else. Yet the industry continues to seek new extractive frontiers on all continents in what has been labeled a “fracking frenzy” by campaigners.
In Australia, unconventional fossil gas exploration has been on the rise over the last two decades. Coal seam gas wells have been in production since 2013, while community resistance has so far prevented the threat of shale gas fracking. The climate crisis and state commitments under the Paris Agreement means that the window for exploration is closing. But the Australian economy remains hooked on fossil fuels and the industry claims that fossil gas is essential for economic recovery from COVID, “green growth” and meeting net-zero targets.
The Northern Territory, or NT, government is particularly eager to exploit its fossil fuel reserves and wants to open up extraction in the Beetaloo Basin as part of its gas strategy. The NT recently announced a $1.32 billion fossil fuel subsidy for gas infrastructure project Middle Arm and greenlighted the drilling of 12 wells by fracking company Tamboran Resources as a first step towards full production.
Beetaloo Basin community struggle
Gas exploration is inherently speculative with high risks. The threat of reputational damage is high enough that large blue chip energy companies like Origin Energy — a major player in the Australian energy market — are turning away from shale. This leaves the field to smaller players who are willing to take a gamble in search of a quick buck. This is precisely how Tamboran came to prominence in Australia. After buying out Origin Energy in September 2022, Tamboran is now the biggest player in the Northern Territory’s drive to drill.
NT anti-fracking campaigner Hannah Ekin described this point as “a really key moment in the campaign to stop fracking in the Beetaloo basin.”
For over a decade, “Traditional Owners, pastoralists and the broader community have held the industry at bay, but we are now staring down the possibility of full production licenses being issued in the near future.”
Despite this threat, Tamboran has been stopped before. In 2017, community activists in Ireland mobilized a grassroots movement that forced the state to revoke Tamboran’s license and ban fracking. Although the context may be different, this successful Irish campaign has many key insights to offer those on the frontlines of resistance in Australia — as well as the wider anti-extraction movements all over the world.
Fracking comes to Ireland
In February 2011, Tamboran was awarded an exploratory license in Ireland — without public knowledge or consent. They planned to exploit the shale gas of the northwest carboniferous basin and set their sights on county Leitrim. The county is a beautiful, mountainous place, with small communities nestled in valleys carved by glaciers in the last ice age.
The landscape is watery: peat bogs, marshes and gushing rivers are replenished by near daily downpours as Atlantic coast weather fronts meet Ireland’s western seaboard. Farming families go back generations on land that can be difficult to cultivate. Out of this land spring vibrant and creative communities, despite — or perhaps because of — the challenges of being on the margins and politically peripheral.
The affected communities first realized Tamboran’s plans when the company began a PR exercise touting jobs and economic development. In seeking to understand what they faced, people turned to other communities experiencing similar issues. A mobile cinema toured the glens of Leitrim showing Josh Fox’s documentary “Gasland.” After the film there were Q&As with folks from another Irish community, those resisting a Shell pipeline and gas refinery project at Rossport. Out of these early exchanges, an anti-fracking movement comprised of many groups and individuals emerged. One in particular — Love Leitrim, or LL, which formed in late 2011 — underscored the importance of a grassroots community response.
Resisting fracking by celebrating the positives about Leitrim life was a conscious strategic decision and became the group’s hallmark.
In LL’s constitution, campaigners asserted that Leitrim is “a vibrant, creative, inclusive and diverse community,” challenging the underlying assumptions of the fracking project that Leitrim was a marginal place worth sacrificing for gas. The group developed a twin strategy of local organizing — which rooted them in the community — and political campaigning, which enabled them to reach from the margins to the center of Irish politics.
This combination of “rooting” and “reaching” was crucial to the campaign’s success.
5 key rooting strategies
The first step towards defeating Tamboran in Ireland was building a movement rooted in the local community. Out of this experience, five key “rooting strategies” for local organizing emerged — showing how the resistance developed a strong social license and built community power.
1. Build from and on relationships
Good relationships were essential to building trust in LL’s campaign. Who was involved — and who was seen to be involved — were crucial for rooting the campaign in the community. Local people were far more likely to trust and accept information that was provided by those they knew, and getting the public support of local farmers, fishers and well-known people was crucial. Building on existing relationships and social bonds, LL became deeply rooted in local life in a way that provided a powerful social license and a strongly-rooted base to enable resistance to fracking.
2. Foster ‘two-way’ community engagement
LL engaged the community with its campaign and, at the same time, actively participated as volunteers in community events. This two-way community engagement built trust and networked the campaign in the community. LL actively participated in local events such as markets, fairs and the St. Patrick’s Day parade, which offered creative ways to boost their visibility. At the same time, LL also volunteered to support events run by other community groups, from fun-runs to bake sales. According to LL member Heather (who, along with others in this article, is quoted on the condition of anonymity), this strategy was essential to “building up trust … between the group, its name and what it wants, and the community.”
3. Celebrate community
In line with its vision, LL celebrated and fostered community in many ways. This was typified by its organizing of a street feast world café event during a 2017 community festival that saw people come together over a meal to discuss their visions of Leitrim now and for their children. LL members also supported local renewable energy and ecotourism projects that advanced alternative visions of development. Celebrating and strengthening the community in this way challenged the fundamental assumptions of the fracking project — a politics of disposability which assumed that Leitrim could be sacrificed to fuel the extractivist economy.
4. Connect to culture
Campaigners saw culture as a medium for catalyzing conversations and connecting with popular folk wisdom. LL worked with musicians, artists and local celebrities in order to relate fracking to popular cultural and historical narratives that resonated with communities through folk music and cultural events. This was particularly important in 2016, the 100th anniversary of the Easter Rising, which ultimately led to Irish independence from the British Empire. Making those connections tapped into radical strands of the popular imagination. Drawing on critical counter-narratives in creative ways overcame the potential for falling into negative activist stereotypes. Through culture, campaigners could present new or alternative stories, experiences or ideas in a way that evocatively connected with people.
5. Build networks of solidarity
Reaching out to other frontline communities was a powerful and evocative way to raise awareness of fracking and extractivism from people who had experienced them first-hand.
As local campaigner Bernie explained, “When someone comes, it’s on a human level people can appreciate and understand. When they tell their personal story, that makes a difference.”
Perhaps the most significant guest speaker was Canadian activist Jessica Ernst, whose February 2012 presentation to a packed meeting in the Rainbow ballroom was described by many campaigners as a key moment in the campaign. Ernst is a former gas industry engineer who found herself battling the fracking industry on her own land. She told her personal story, the power of which was heightened by her own industry insider credentials and social capital as a landowner. Reflecting on the event, LL member Triona remembered looking around the room and seeing “all the farmers, the landowners, who are the important people to have there — and people were really listening.”
4 key reaching strategies against fracking
With a strong social license and empowered network of activists, the next step for the anti-fracking movement was to identify how to make their voices heard and influence public policy. This required reaching beyond the local community scale to engage in national political decision making around fracking. Four key strategies enabled campaigners to successfully jump scales and secure a national fracking ban.
1. Find strategic framings
Tamboran sought to frame the public conversation on narrow technical issues surrounding single drilling sites, pipelines and infrastructure, obscuring the full impact of the thousands of planned wells.
As LL campaigner Robert pointed out, this “project-splitting” approach “isn’t safe for communities, but it’s easier for the industry because they’re getting into a position where they’re unstoppable.”
Addressing the impact of the entire project at a policy level became a key concern for campaigners. LL needed framings that would carry weight with decision makers, regulators and the media.
Listening and dialogue in communities helped campaigners to understand and root the campaign in local concerns. From this, public health and democracy emerged as frames that resonated locally, while also carrying currency nationally.
The public health frame mobilized a wide base of opposition. Yet it was not a consideration in the initial Irish Environmental Protection Agency research to devise a regulatory framework for fracking. LL mobilized a campaign that established public health as a key test of the public’s trust in the study’s legitimacy. The EPA conceded and amended the study’s terms of reference to include public health. This enabled campaigners to draw on emerging health impact research from North American fracking sites, providing evidence that would have “cache with the politicians,” as LL member Alison put it. Working alongside campaigners from New York, LL established the advocacy group Concerned Health Professionals of Ireland, or CHPI, mirroring a similar, highly effective New York group. CHPI was crucial to highlighting the public health case for a ban on fracking and shaping the media and political debate.
2. Demonstrate resistance
Having rooted the campaign in local community life, LL catalyzed key groups like farmers and fishers to mobilize their bases. Farmers in LL worked within their social networks to organize a tractorcade. “It was all word of mouth … knocking on doors and phone calls,” said Fergus, the lead organizer for the event. Such demonstrations were “a show of solidarity with the farmers who are the landowners,” Triona recalled. They were also aimed at forcing the farmer’s union to take a public position on fracking. The event demonstrated to local farmers union leaders that their members were opposed to fracking, encouraging them to break their silence on the issue.
Collective action also enforced a bottom line of resistance to the industry. Tamboran made one attempt to drill a test well in 2014. Community mobilization prevented equipment getting to the site for a week while a legal battle over a lack of an environmental impact assessment was fought and won. Reflecting on this success, Robert suggested that communities can be nodes of resistance to “fundamental, large problems that aren’t that easy to solve” because “one of the things small communities can do is simply say no.”
And when frontline communities are networked, then “every time a community resists, it empowers another community to resist.”
3. Engage politicians before regulators
In 2013, when Tamboran was renewing its license, campaigners found that there was no public consultation mechanism. Despite this, LL organized an “Application Not to Frack.” This was printed in a local newspaper, and the public was encouraged to cut it out and sign it. This grassroots counter-application carried no weight with regulators, but with an emphasis on rights and democracy, it sent a strong signal to politicians.
Submitting their counter application, LL issued a press release: Throughout this process people have been forgotten about. We want to put people back into the center of decision making … We are asking the Irish government: Are you with your people or not?
At a time when public sentiment was disillusioned with the political establishment in the aftermath of the 2011 financial crisis, LL tapped into this sentiment to discursively jump from the scale of a localized place-based struggle to one that was emblematic of wider democratic discontents and of national importance.
Frontline environmental justice campaigns often experience procedural injustices when navigating governance structures that privilege scientific/technical expertise. Rather than attempt an asymmetrical engagement with regulators, LL forced public debate in the political arena. In that space, they were electors holding politicians to account rather than lay-people with insufficient scientific knowledge to contribute to the policy making process.
The group used a variety of creative tactics and strategic advocacy to engage local politicians. This approach — backed up by a strongly rooted base — led to unanimous support for a ban from politicians in the license area. In the 2016 election, the only pro-fracking candidate failed to win a seat. Local democratic will was clear. Campaigners set their sights on parliament and a national fracking ban.
4. Focus on the parliament
The lack of any public consultation before exploration commenced led campaigners to fear that decisions would continue to be made without public scrutiny. LL built strategic relationships with politicians across the political spectrum with the aim of forcing accountability in the regulatory system. A major obstacle to legislation was the ongoing EPA study, which was to inform government decisions on future licensing. But it emerged that CDM Smith, a vocally pro-fracking engineering firm, had been contracted for much of the work. The study was likely to set a roadmap to frack.
Campaigners had two tasks: to politically discredit the EPA study and work towards a fracking ban.
They identified the different roles politicians across the political spectrum — and between government and opposition — could strategically play in the parliamentary process.
While continuing a public campaign, the group engaged in intensive advocacy efforts, working with supportive parliamentarians to host briefings where community members addressed lawmakers, submitted parliamentary questions to the minister, used their party’s speaking time to address the issue, raised issues at parliamentary committee hearings, and proposed motions and legislative bills.
While the politicians were also not environmental experts, their position as elected representatives meant that regulators were accountable to them. Political pressure thus led to the shelving of the compromised EPA study and paved the way for a ban. Several bills had been tabled.
By chance, the one that was first scheduled for debate was from a Leitrim politician whose bill was backed by campaigners as the most watertight. With one final push from campaigners, it secured support from lawmakers across parties and a government motion to block it was fought off.
In November 2017, six years after Tamboran arrived in Leitrim, fracking was finally banned in Ireland. It was a win for people power and democracy.
Message from #ClimateCampIreland was clear. Communities are organising to challenge system that threaten hopes for a liveable future.Whether it’s mining,fracked gas,non native forestry or data centres, people will resist. We have no other choice. #CommunitiesNotShareholderspic.twitter.com/IM2zgqbdTz
Pacifist-anarchist folk singer Utah Phillips described folk songs as “bridges” between past struggles and the listener’s present. Bridges enable the sharing of knowledge and critical understanding across time and distances. Similarly, stories of struggle act as a bridge, between the world of the reader and the world of the story, sharing wisdom, and practical and ethical knowledge. The story of successful Irish resistance to Tamboran is grounded in a particular political moment and a particular cultural context. The political and cultural context faced by Australian campaigners is very different. Yet there are certainly insights that can bridge the gap between Ireland and Australia.
The Irish campaign shows us how crucial relationships and strongly rooted community networks can be when people mobilize.
In the NT, campaigners have similarly sought to build alliances across the territory and between traditional Indigenous owners and pastoralists. This is crucial, suggests NT anti-fracking campaigner Hannah Ekin, because “the population affected by fracking in the NT is very diverse, and different communities often have conflicting interests, values and lifestyles.”
LL’s campaign demonstrates the importance of campaign framings reflective of local contexts and concerns. While public health was a unifying frame in Ireland, Ekin notes that the protection of water has become “a real motivator” and a rallying cry that “unites people across the region” because “if we over-extract or contaminate the groundwater we rely on, we are jeopardizing our capacity to continue living here.”
The Beetaloo is a sacred site for First Nations communities, with sacred song lines connected to the waterways. “We have to maintain the health of the waterways,” stressed Mudburra elder Raymond Dimikarri Dixon. “That water is alive through the song line. If that water isn’t there the songlines will die too.”
In scaling up from local organizing to national campaigning, the Irish campaign demonstrated the importance of challenging project splitting and engaging the political system to avoid being silenced by the technicalities of the regulatory process. In the NT, the government is advancing the infrastructure to drill, transport and process fracked gas. This onslaught puts enormous pressure on campaigners. “It’s death by a thousand cuts,” Ekin noted. “We are constantly on the back foot trying to stop each individual application for a few wells here, a few wells there, as the industry entrenches itself as inevitable.”
In December 2022, Environment Minister Lauren Moss approved a plan by Tamboran Resources to frack 12 wells in the Beetaloo as they move towards full production. But campaigners are determined to stop them: the Central Australian Frack Free Alliance, or CAFFA, is taking the minister to court for failing to address the cumulative impacts of the project as a whole. By launching this case CAFFA wants to shift the conversation to the bigger issue of challenging a full scale fracking industry in the NT. As Ekin explained, “We want to make the government listen to the community, who for over a decade now have been saying that fracking is not safe, not trusted, not wanted in the territory.”
Editor’s Note; It is important to understand the difference between a reform and a revolution in any political movement. A reform aims to tweak some aspects of the system to make it more equitable, fair and just. A revolution, on the other hand, changes the overall structure of the system. DGR, as a radical environmental and a radical feminist organization, believes that reforms are not enough in a system that is inherently rooted in oppression and injustice. We believe that a revolution is necessary to remove that deep rooted structural violence. However, we also understand that a revolution requires political organizing at a much larger scale. While we are working on building that political movement, the natural world is being destroyed. Till then, something needs to be done to protect the pieces of natural world that we have left, no matter how small. That is where reforms contribute. We understand the perseverance and diligence it takes to bring about any reform and appreciate those who are working on it. Below is the story of such a movement. Though originally designed to be much more protective of nature and indigenous people, the mining laws in Mexico were modified to be much less than that by the time they were passed. The US is still ruled by the Mining Law of 1872.
Reforms to Mexico’s mining law limit harmful practices by extractive industries and improve protections for the environment and Indigenous peoples. But they’re also a far cry from the change activists had been hoping for.
Under the new reform, Indigenous communities will receive 5% of a mining operation’s profits. The maximum lifespan of mining concessions is also reduced from 100 years to 80.
Concessions will no longer be granted in areas with water shortages or in protected areas. Currently, there are 1,671 mining concessions in 70 protected areas in Mexico, spreading across 1.5 million hectares (3.7 million acres) of preserved land.
MEXICO CITY — A major reform approved by congress last week is supposed to limit harmful practices by the mining industry and improve protections for the environment and Indigenous peoples. But some parts of the reform faced strong resistance from pro-business interests, resulting in a watered-down version that some environmentalists said doesn’t go far enough.
The reform, originally introduced by President Andrés Manuel López Obrador at the end of March, was designed to make it harder for private companies to obtain mining concessions without accounting for impacts on surrounding ecosystems and local communities.
It establishes free and prior consent as a requirement for mining concessions, meaning that companies must meet with residents to discuss the impacts of their projects before receiving permits. It also requires companies to restore the land once a mine closes.
But some of the most impactful components of the proposal were negotiated down. Payment to Indigenous communities living near mining operations was originally supposed to be 10% of mining profits but lawmakers reduced it to 5%.
There was also debate about the length of mining concessions, which the previous version of the law set at up to 100 years. Although the original reform proposal wanted to limit it to just 30 years, effectively preventing the companies from shaping entire regions for the long term, lawmakers ultimately settled on 80 years.
“These topics were suppressed or modified without justification and under pressure from the business interests that are responsible for social and environmental devastation,” Colectiva Cambiémosla Ya and Alliance for Free Determination and Autonomy, two mining activist groups, said in a statement ahead of the senate vote.
Deputy Ignacio Mier Velazco, from the state of Puebla — who explained that the reforms were changed to avoid risking investment and economic development — said he was confident the version that was passed would still improve oversight of the industry. Many activists in the region agreed, telling Mongabay the reforms were a victory that allowed for some positive change and a way forward for the continued fight against mining.
Mexico’s mining industry has experienced rapid growth since 1992, when the original mining law was passed. The country has become a top exporter of silver, zinc and other important minerals. In the 1980s, less than 1% of Mexican territory was under a mining concession. Now, it’s a little more than 8%, according to the president’s reform proposal.
The private sector made a push to stall the vote when the initiative was introduced last month, accusing the president’s party, Morena, of fast-tracking the process before the end of legislative sessions in April. The Confederation of Industrial Chambers of Mexico (Concamin) and Association of Mining Engineers, Metallurgists and Geologists of Mexico (AIMMGM) called for additional dialogue with lawmakers. Credit rating agency Moody’s argued that limitations on the length of concessions could hinder growth in the sector. Officials in Canada expressed concern about whether the reforms would impact investments and Mexico’s commitment to international trade agreements. A senate commission that needed to approve the proposal even declared a recess in order to delay voting just days before the end of the legislative session. But the proposal was eventually approved on the final day with a vote of 66 in favor and zero against because the opposition wasn’t present to vote.
Other major changes
Under the original mining law, companies could easily buy up land because extractives activities were listed as having a higher economic benefit than sectors like agriculture and tourism. Now, mining companies no longer have preferential treatment and will have to compete with those industries through a public bidding process.
Companies are also held more accountable for pollution and land use changes. They will receive warnings and suspensions for environmental damage, during which time they’ll be required to correct the issue or else risk having their concessions cancelled altogether. This includes ensuring the safety of workers on-site.
“Communities continue to live in poverty despite being in areas that are very rich in gold, silver and other precious minerals,” said Beatriz Olivera, the general director of Engenera, an environmental and social advocacy NGO. “What we are going to see now is that companies can’t continue operating so irresponsibly on the part of employees.”
The reform bans exploration and extraction in areas with proven water shortages, underwater and in protected areas.
Currently, there are 1,671 mining concessions in 70 protected areas in Mexico, with an overlapping area of around 1.5 million hectares (3.7 million acres), according to the Ministry of Economy. Fourteen of those mining concessions overlap with protected area core zones.
Eleven mine sites labeled as “highly contaminated” by the Ministry of the Environment and Natural Resources were located within protected areas in 2019, the most recent year that the data is available.
Over half of the core zone in the Sierra de Manantlán Biosphere Reserve, or around 22,000 hectares (54,000 acres), overlaps with five mining concessions. The Zicuirán Infiernillo Biosphere Reserve has 12 mining concessions covering over 12,000 hectares (29,600 acres) of its core zone.
“It’s a big, big advance,” said Manuel Llano, Director of Carto Crítica, an NGO for environmental and social rights. “The prohibition of mining in protected areas will change what has been happening up until now, which was that land and water were being concessioned and operated on without concern.”
Editor’s Note: Civilization is destructive. It endangers everyone in its quest for development, including vulnerable human communities. We stand in solidarity with all efforts by communities to protect themselves and the natural communities they live in. The following is a press release by Women’s Earth and Climate Action Network International (WECAN). You can find the original statement here.
USA, May 25, 2023 — Today, Indigenous women leaders from the Indigenous Women’s Treaty Alliance, joined by over 150 organizations, representing millions nationwide, submitted a letter to the Biden Administration with an emergency request to decommission Enbridge Line 5 pipeline due to imminent threats of oil spills impacting the Bad River Watershed and the Great Lakes.
Enbridge’s Line 5 pipeline was originally built in 1953, and continues to operate nearly 20 years past its engineered lifespan, transporting crude oil through northern Wisconsin, Michigan’s Upper Peninsula, and under the Straits of Mackinac. The letter to President Biden and representatives of the Environmental Protection Agency follows the advocacy of the Bad River Band of Lake Superior Chippewa who submitted a court filing in May calling for the shutdown of Line 5 after showing evidence that record snowfalls, and heavy rains and winds have further compromised the integrity of the pipeline.
Due to recent flooding, erosion of a local riverbank has led to Line 5’s centerline to be within 11 feet or less of the river waters, creating an immediate threat. The letter notes that erosion from receding waters or the next rainfall could cause a “guillotine rupture” – a vertical break causing oil to gush from both sides, poisoning the Bad River watershed and Lake Superior, impacting the Great Lakes region which holds one-fifth of the world’s fresh surface water, and provides drinking water for 40 million people in North America.
The letter points to the significant harms an oil spill would have on waterways, ecosystems, wild rice beds, and clarifies how it directly undermines Indigenous rights and Indigenous Sovereignty:
“Imminent pipeline ruptures at the Bad River in Wisconsin and into the Straits of Mackinac threaten our drinking water, fisheries, manoomin and cultural survival…Our sovereignty and treaty-protected rights to hunt, fish, and gather food and medicine are all at risk.”
Already, Line 5 has spilled over 30 times, dumping more than a million gallons of oil. Independent consultants have estimated clean-up costs for a crude oil spill in the Great Lakes at $1.878 billion.
The signatories urge President Biden to revoke the Presidential Permit and force Enbridge to cease Line 5’s operations, pointing to the Administration’s climate directives and goals.
The letter comes from Indigenous women who are advocating to stop Line 5, and is endorsed by local and national groups representing Indigenous groups, environmental organizations, faith groups, and more. Please see quotes from the initiating signatories of the letter below:
Aurora Conley, Bad River Ojibwe, Anishinaabe Environmental Protection Alliance:
“As a Bad River Band of Lake Superior Ojibwe member, I am calling on the Biden Administration to shut down Line 5 immediately. Our territories and water are in imminent danger, and we do not want to see irreversible damage to our land, water, and wild rice. We do not want our lifeways destroyed. The Ojibwe people are here in Bad River because of the wild rice. A rupture from this oil spill will irreversibly harm the Great Lakes and wild rice beds. This is unacceptable. We will not stand for this. Shut down Line 5 now.”
Jannan J. Cornstalk, Citizen of Little Traverse Bay Bands of Odawa Indians, and Director of the Water is Life Festival:
“Our very lifeways and cultures hang in the balance as Line 5 continues to operate illegally in Indigenous territories and water. These are our lifeways– when that water is healthy enough that rice is growing– that not only benefits our communities, but that benefits everybody up and down stream. Allowing Line 5 to continue to operate is cultural genocide, and the Biden Administration must listen and shut down Line 5. That water is our relative, and we will do whatever it takes to protect our water, our sacred relative.”
Jaime Arsenault, White Earth Band of the Minnesota Chippewa Tribe, Tribal Historic Preservation Officer:
“We are urging the Biden Administration to revoke its Presidential Permit and shut down Line 5. We saw a multitude of preventable environmental tragedies occur in Minnesota with the destruction brought by Line 3. As a result – wild rice, watersheds, traditional lifeways and the wellbeing of Indigenous communities are still under constant threat. Right now, the Biden Administration has the opportunity to protect waterways, rice watersheds and lands threatened by a rupture of Line 5. Honor the treaties and the leadership of Tribes, and shut down Line 5.”
Rene Ann Goodrich, Bad River Tribal Elder, Native Lives Matter Coalition and Wisconsin Department of Justice MMIW Task Force Member:
“Line 5 crosses over tribal treaty territory and one of those ceded territories is my own reservation of Bad River. So the age of the pipeline, the danger that it brings to the environment is our biggest concern here. We have that need, we have that responsibility, we have that duty to protect our life givers. Our life givers are the earth, the aquifers underneath the earth, the women that are sacred water carriers, and water itself that brings life. As sacred water carriers we stand with the water, and urge the Biden Administration to take action and shut down Line 5 immediately.”
Carrie Chesnik, Oneida Nation Wisconsin, Founder of the Treaty Land Trust:
“We have an opportunity here to shut down the Line 5 pipeline, and protect what we all hold dear. We all have the responsibility and agency to act in a good way, to care for the land and waters. What our communities have known for a long time is that the water is hurting, Mother Earth is hurting, and pretty soon we won’t have clean water for our kids, for future generations. As a Haudenosunee woman, an auntie, daughter, and sister, I have an inherent responsibility to the water and our children. Every single one of us has agency and a responsibility to take action, honor the treaties, and protect Mother Earth. It is the time to be brave and courageous.”
Gaagigeyaashiik – Dawn Goodwin, Gaawaabaabiganigaag, White Earth-Ojibwe, Co-founder of R.I.S.E. Coalition, Representative of Indigenous Environmental Network:
“As a member of the Wolf Clan I have an inherent responsibility to protect the environment and the people. I want us to imagine a world where we are working as one team as we should be working together. The government has failed to protect the water in the past, yet there is an opportunity now to protect the water before irreparable damage occurs. Our treaties are being ignored and yet, treaties are the SUPREME LAW of the land. It is time to honor and respect the treaties as the supreme law of the land, as they were written and intended, and to listen to Tribes and Indigenous leaders calling for an immediate shut down to the Line 5 pipeline. We are the women of the Indigenous Women’s Treaty Alliance calling upon you to rise and to protect all that is sacred – shut down Line 5!”
Nookomis Debra Topping, Nagajiiwanong, 1854 Treaty Fond du Lac, Co-founder of R.I.S.E. Coalition:
“Nibi (water) is sacred, Manoomin is sacred, that is our life blood, that is us, that is why we are here. We will not allow any further destruction to our sacred ecosystems and water. Everyday the threat increases, allowing Canadian Corporation Enbridge’s Line 5 to continue operating is genocide! We’ve followed every process, Tribes and the Governor of Michigan have called for a shut down of Line 5. The science is there, the evidence is there. Deny Enbridge any further allowance to destroy Mama Aki (Earth), and shut down Line 5.”
Since 2022, the Women’s Earth and Climate Action Network (WECAN) has been honored to facilitate the Indigenous Women’s Treaty Alliance. In response to the call for action, Osprey Orielle Lake, Executive Director of the Women’s Earth and Climate Action Network (WECAN) stated: “The Bad River Band continues to sound the alarm, and the Biden administration must listen and immediately shut down Line 5. The imminent danger of a rupture to Line 5 due to increased erosion on the Bad River threatens Indigenous Peoples existence and rights, biodiverse ecosystems, and the Great Lakes, which holds one-fifth of the world’s freshwater. The Administration has the necessary tools to cease operations, and must take action before it’s too late. The Great Lakes and local communities cannot be the next sacrifice zone.”
SAN DIEGO, Calif.— After nearly 30 years of petitions and lawsuits by the Center for Biological Diversity, the U.S. Fish and Wildlife Service today protected one of Southern California’s rarest butterflies, the Hermes copper butterfly, as a threatened species under the Endangered Species Act.
The agency also designated 35,000 acres of protected critical habitat in San Diego County. The habitat consists of three units: Lopez Canyon, which includes acreage within Los Peñasquitos Canyon Preserve; Miramar/Santee; and Southern San Diego.
“Without Endangered Species Act protection, the Hermes copper butterfly would surely be pushed into extinction by Southern California’s rampant development, wildfires driven by climate change and invasive plants,” said Ileene Anderson, a senior scientist at the Center. “I’m relieved to finally see this beautiful little butterfly and its habitat protected.”
The small, bright yellow-orange, spotted Hermes copper inhabits coastal sage scrub and chaparral habitats only in San Diego County and northern Baja. Its survival depends on dwindling patches of its host plant, the spiny redberry. Increasingly frequent and severe wildfires also ravage the butterfly’s primary source of nectar, the California buckwheat. Drought and development have also destroyed dozens of historic populations.
The Hermes copper occupied many San Diego coastal areas prior to urbanization, and still persists in some foothill and mountain areas up to 45 miles from the ocean. The butterfly declined from at least 57 historical populations to only 26 populations in a survey this year.
Devastating wildfires have increasingly burned through key Hermes copper habitat, putting an end to the tenuous existence of many remaining butterfly populations. For example, 2020’s Valley Fire came within just 2.5 miles of a core population of the butterfly. In today’s listing the Service warned that a single large wildfire could wipe out all remaining populations of the butterflies.
Background
Even by the time it was first described in the late 1920s, the Hermes copper was endangered by urban development. By 1980 staff at the San Diego Natural History Museum noted that San Diego’s rapid urban growth put the future of the butterfly in the hands of developers. The Fish and Wildlife Service first identified the butterfly as a potential candidate for Endangered Species Act protection in 1984.
The Center for Biological Diversity and San Diego Biodiversity Project filed formal petitions in 1991 and 2004 to protect the species. A lawsuit was required to force the Service to respond to the second petition, but the agency announced in 2006 that it would not protect the species, despite fires in 2003 that burned nearly 40% of the butterfly’s habitat.
The Center filed a second lawsuit in 2009, but the Service delayed protection by placing the butterfly back on the candidate list in 2011. So the Center sued a third time in May 2019, which finally forced the Service to propose a status of threatened in January 2020.
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.
