Editor’s Note: This is a short report-back from the Interagency Bison Management Plan meeting by Stephany Seay. Stephany Seay is a founder of Roam Free Nation.
By Stephany Seay/Roam Free Nation
Jaedin Medicine Elk and I traveled to Chico Hot Springs, MT, for the fall Interagency Bison Management Plan meeting, which took place on Halloween. Not exactly how we wanted to spend this holiday, but the buffalo come first. This is our report back to you.
We learned that the Montana State Vet (Dept. of Livestock), Marty Zaluski, has retired. The new state vet is Dr. Tahnee Szymanski. She is a native Montanan and a graduate from Oregon State University, a big agriculture school. To our knowledge, she may be the first female state vet for Montana. We hope she will be more gentle than the men before her.
We also learned that one of Yellowstone’s bison biologists, P.J. White, has retired.
There was much hoopla from the Montana Dept. of Livestock in regards to language the Park and other agencies wanted to strike from the Operations Plan in regards to vaccinating wild bison. In 2014, Yellowstone squashed the idea of vaccinating buffalo, because it doesn’t make sense on so many levels. It is domestic, invasive cattle who should be vaccinated, not wild buffalo. To date, there is no safe and effective brucellosis vaccine because former President George W. Bush placed brucella abortus on the Center for Disease Control’s bio-terror agent list. A foolish move that prevents scientists from working to find a vaccine that works. On cattle.
More urgently, Yellowstone released their summer bison population estimate. The Yellowstone buffalo population dropped by 2,000 in the last year. Mainly due to excessive treaty hunting. The Park reported that 60-70% of the population migrated into the Gardiner Basin (north edge of Yellowstone) where there was a record “harvest”, as we have previously reported.
Chris Geremiah, Yellowstone’s head buffalo biologist reported that the imperiled Central herd continues to decline. As he has for over five years now, he again recommended that no buffalo be hunted in the Hebgen Basin, on the west side of the Park. But, the hunters will not listen. The Central herd are the only buffalo who migrate into the Hebgen Basin, but they also migrate into the Gardiner Basin, being doubly impacted by “management” actions (hunting, slaughter, quarantine).
Astoundingly, he also recommended that hunters kill MORE females than bulls! The females are the matriarchs, the ones who teach the youth where to find the best grass, the best water, the safest lands and routes to get there. They are also the ones who carry in their wombs the next generation. As we stated in our public comments, killing the females is what destroys a nation.
Once again, they set no quota, meaning if we have a heavy winter like last year, it could be another free-for-all killing frenzy. Though they did suggest that no more than 1,100 should be taken, that’s only a suggestion that holds no weight. Buffalo advocates know that killing one is too many right now. These populations need federal protection under the Endangered Species Act. They must be allowed to recover and restore themselves on the lands that are their birthright, and ESA listing is the only thing that will give them the respite to do so. But, restraint and respect for these circumstances aren’t something that agencies or hunters really care about.
The MT. Dept. of Livestock appealed to treaty hunting tribes to actually help them by hazing with bullets, should buffalo approach or breach the so-called tolerance zones, beyond which, buffalo are currently not allowed. Once again, they want to use tribes to do their buffalo-killing dirty work.
In an interesting twist, some members of the Interagency Bison Management Plan began questioning what they were doing, why do they exist, what is their purpose in moving forward? They currently have no purpose other than to maintain the status quo and make the lives of the last wild buffalo one of unnecessary challenges and misery.
The public comment period actually came *before* lunch, this time. There were some really great words said on behalf of the buffalo. One person really stands out. Wendy, someone we’ve been in touch with since last winter. A Montana resident with a brilliant mind who knows exactly what’s going on. In her comments, she sang a version of “Home on the Range” that put the DOL to shame. It was brilliant. She had visual aids, some blown up photos of ours that really helped illustrate the travesty she was conveying. It was an honor and pleasure to meet her.
We have a bit of video footage to download, and we will soon be able to share ours and others comments with you. There were a couple of decent articles that came out, which you might like to read, the following being the most thorough. From the Bozeman Daily Chronicle, “Livestock Department, Yellowstone, Exchange Blows in Annual Bison Meeting“.
Winter is here now, and the deep snows are just around the corner. We need your support to be in the field, to stand in defense of our buffalo family. There is a lot of travel and lodging involved to keep us on the front lines, so please, do what you can to support our work in standing with the last wild buffalo. Thank you so much for loving wild buffalo!
Next week, November 9, we will travel to Bozeman to watch a public screening of Yellowstone Voice’s “A Path Forward for the American Bison” at the Museum of the Rockies. We will be part of a panel discussion after the documentary plays. We wish you all could be there with us. Trust that we will represent.
Editor’s Note: With the increase in offshore wind energy surveys, the number of stranded North Atlantic Right Whales on East Coast beaches has also increased. Right Whales were declared as a critically endangered species by the US National Oceanographic and Administrative Administration (NOAA) in 2020. Survey and construction for offshore wind requires sonar to inform about the condition of the seabed where the wind turbines are supposed to be embedded. Right whales depend of whale calls to maintain contact with each other, gather to feed and to find mates. The oceanic noise pollution caused by the sonar disrupts all of this.
Save Right Whales Coalition is comprised of environmental and community organizations, scientists, and conservationists working to protect the critically endangered North Atlantic Right Whale and other marine life from the industrialization of their ocean habitat through large-scale offshore wind energy development across the eastern seaboard. The following piece is a compilation of a press release and an open letter to the public. Both of these were taken from the Save Right Whales website.
Whale Conservation Group Calls on NOAA to Halt All Offshore Wind Sonar Surveys After Discovering Mitigations are Ineffective
Report finds marine mammals are being exposed to much louder noise levels than NOAA has stated which could be the cause for whale deaths
September 11, 2023 – An investigation into recent whale deaths in the Atlantic has found that the noise produced by offshore wind sonar activities is much louder than NOAA Fisheries’ National Marine Fisheries Service (NMFS) has reported. Consequently, the setback distances adopted by NMFS to protect ocean life from the noise are too short and place whales and other marine mammals at a high risk of encountering harmful levels.
The Save Right Whales Coalition (SRWC), a group of long-time environmental activists dedicated to protecting the critically-endangered North Atlantic right whale from the industrialization of its ocean habitat, issued this letter to NOAA Administrator Richard Spinrad exposing the problem. According to the letter, “inadequate mitigations during a sonar survey could result in marine mammals experiencing sound levels that may injure or kill.” Since the only mitigation for sonar noise is distance, the shortened distances enforced by NMFS have “rendered any expected mitigations useless.”
SRWC’s finding is supported by a sound study conducted by Rand Acoustics, LLC, a leading acoustics firm in Maine. Earlier this year, Rand captured actual high decibel noise levels at a wind survey site approximately 43 nautical miles east of Barnegat Light, NJ. Rand found that the frequency and sound power levels he recorded did not match the equipment NMFS and the project sponsor said would be used. Rand’s data show the noise emitted from the sonar was much louder. This finding prompted a comprehensive review of the incidental harassment authorizations (IHAs) issued by NMFS which revealed a regular pattern of NMFS applying mitigations based on quieter sonar devices than those actually in use.
“In our review, we found that NMFS simply accepted the sonar sound levels provided by the wind developers without independently validating these levels,” said Lisa Linowes, a co-founder of SRWC. She warned that all mitigations relating to sonar noise in the IHAs are predicated on the loudness of the sonar devices. Underestimating the actual noise level of sonar used by survey boats would lead to the specification of shorter ‘safe’ distances from marine mammals than were necessary for their protection. The setback distances also play a key role in calculating the number of marine mammal ‘takes’ NMFS authorized for the sonar activity. “Had NMFS applied the correct sonar sound levels when issuing the IHAs, the number of takes would have been materially greater,” Linowes said.
This finding suggests that there has been a complete breakdown in the system designed to protect marine wildlife and protect the North Atlantic right whale from extinction. SRWC has requested emergency action by NMFS and BOEM to address this matter beginning with the immediate revocation of IHAs now active.
The investigations of SRWC and Rand Acoustics, LLC are featured in the powerful new documentary released by Michael Shellenberger’s PUBLIC titled Thrown to the Wind. The film can be viewed at this link.
Whistleblower Speaks Out: Offshore Wind Will Drive Whales to Extinction
Dear Fellow Concerned Members of the Public,
The critically-endangered North Atlantic right whale, one of the most imperiled mammals in the world, seemed until just a few years ago to be on a path to recovery. It was our nation’s energy policy in the 18th century to kill the right whales for their oil, but the species was recovering after the 1982 ban on whaling took effect.
Today, the whale is in more danger than ever. An “unusual mortality event” beginning in 2017 has reduced the population by 30 percent. The North Atlantic Right Whale Consortium’s October 2022 count estimates that only 340 individuals survive, with fewer than 70 breeding females and an overall decline in body size. Major sources of stress today include fishing gear entanglements, vehicle collisions, and climate change.
But one source of danger to the right whale is rarely discussed: the industrialization of their habitat by offshore wind companies, enabled by two government agencies, the National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries) and the Bureau of Ocean Energy Management (BOEM). The head of New England Aquarium’s whale impact monitoring program has openly stated that the first offshore wind projects will serve as a “test bed” to study their impacts on the whale.
A recently-surfaced letter from a whistleblower indicates that BOEM and NOAA were aware in May 2022 that offshore wind construction and operation posed a direct danger to the North Atlantic right whale.
The author, NOAA’s own Chief of Endangered Species, Dr. Sean Hayes, bravely sounded the alarm, noting that not only the construction but also the operation of wind turbines could result in extinction.
Yet these agencies have failed to put in place any meaningful measures to protect this critically endangered species from extinction.
By NOAA Fisheries’ own admission, “The potential biological removal (PBR) level for the species, defined as the maximum number of animals that can be removed annually while allowing the stock to reach or maintain its optimal sustainable population level, is less than 1.” In plain language, this means the death of a single whale could make the difference between extinction and recovery.
Recent data collection finds the whales are increasingly relying on the southern Massachusetts wind lease area as a last refuge for foraging and raising their young. Because the federally-designated critical right whale habitat is out of date, these very same areas have been approved by the federal government for industrialization by offshore wind companies.
For a long time it was unclear what effects the plants’ construction and operation might have on whales. Several groups including our coalition raised the alarm and called for a moratorium until more studies could be conducted.
In response to these concerns, NOAA Fisheries and the Bureau of Ocean Energy Management (BOEM) in October this year released a draft joint strategy to “to protect and promote the recovery of North Atlantic right whales while responsibly developing offshore wind energy.” But this strategy is misleading – the authors frame their plan to meet their obligations under the Endangered Species Act as a mere “vision,” and there is little evidence that the proposed mitigation measures are effective, practicable or backed up by sufficient funds.
Our coalition’s public comments can be found here.
In order for the development of the projects to go forward, an Incidental Harassment Authorization (IHA) must be issued by NOAA when a federally listed marine mammal may be harmed. The issuance of an IHA requires that it is possible to fully mitigate the effects of any harassment, and from Hayes’ letter it is clear that this is not the case.
Hayes’ letter stresses that the presence of wind turbines would disrupt the dense populations of zooplankton that right whales rely on for food. Hayes describes the wind lease area as “the only known winter foraging area for right whales” and warns against the impacts not only from construction but also from the expected 30-year operation of offshore wind turbines on foraging grounds, which could “vary from hundreds of meters for local individual turbine impacts…to large-scale dipoles of surface elevation changes stretching hundreds of kilometers.”
Most damningly, he states, “impacts from installed and operating turbines cannot be mitigated for the 30-year lifespan of the project, unless they are decommissioned.”
A lawyer from the Conservation Law Foundation, an organization that is “strongly supportive of offshore wind,” acknowledged that the area slated for wind development was poorly surveyed for right whales prior to the permitting agencies selling 1,400 square miles of our federal waters to foreign wind energy companies.
NOAA and BOEM’s draft mitigation plan fails to address Hayes’ concerns. Additionally, it is interesting that the letter was not made available to the public until November when a local newspaper, the New Bedford Light, accessed it through a Freedom of Information Act request.
Hayes has risked his career and reputation by writing a letter of this seriousness. The international offshore wind industry is estimated to be worth $31.2 billion. Major conservation organizations, including the New England Aquarium and the Environmental League of Massachusetts, receive funding and sponsorships from offshore wind companies. Not to mention the weight of the Biden-Harris’s administration’s pro-offshore wind policy, backed by numerous large government agencies.
But evidence continues to mount. On November 24th, scientists published stronger evidence indicating that offshore wind operations “can have a substantial impact on the structuring of coastal marine ecosystems,” with effects far beyond the area of the turbines themselves.
With fewer than 350 North Atlantic right whales alive today, we must heed the science and call on the government to fulfill its obligations. The first large-scale offshore wind projects cannot serve as test beds to determine the impacts of turbines on a critically endangered species. And while climate change is an imperative, it is indefensible for any industrial project to push a species to extinction.
It was our own whaling industry that pushed the right whale to the brink. Today, our energy industry seems to be repeating its mistakes.
With this in mind, we are no longer calling for a moratorium. We are calling for the project to be canceled outright.
It is unacceptable for the government to allow large-scale industrial experiments in critical habitat for a species on the brink of extinction. The construction of industrial wind projects in any North Atlantic right whale habitat is, at this point, a clear violation of the Endangered Species Act.
Tribal Chairman: “It’s Our Responsibility to Protect Sacred Sites”
RENO, NV — The Thacker Pass Lithium Mine in northern Nevada is headed back to Federal Court on January 5th as the lawsuits against the project near completion, but project opponents are raising the alarm that Lithium Nevada Corporation has already begun work on the proposed mine.
Lithium Nevada’s workers at Thacker Pass have begun digging test pits, bore holes, dumping gravel, building fencing, and installing security cameras where Native Americans often conduct ceremonies. Lithium Nevada also conducted “bulk sampling” earlier this year, and may be planning to dig dozens of new test pits across Thacker Pass. They’re claiming this work is legal under previous permits issued over a decade ago. But Tribes and mine opponents, including the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe, disagree.
They point to language in the Final Environmental Impact Statement for the Thacker Pass Lithium Mine that says “authorization of [the mine] will terminate the [earlier permits].” The Federal permit for Thacker Pass was approved on January 15th, 2021.
Will Falk, attorney for the Reno-Sparks Indian Colony, explains: “Lithium Nevada told the government and the American public that it would terminate the older permits upon BLM’s approval of the Thacker Pass Project. Now they are going back on their word, it appears they are lying to get a headstart on building the Thacker Pass mine, and the BLM is allowing them to get away with it.”
Thacker Pass, known as Peehee Mu’huh in Paiute, is a sacred site to regional tribes whose ancestors lived in the area for thousands of years, and were massacred there on at least two occasions.
Michon Eben, Tribal Historic Preservation Officer at Reno-Sparks Indian Colony, says the site is incredibly important to Native American history. “Peehee Mu’huh is a sacred place where our ancestors lived and died. We still go there to pray, gather food and medicine, hunt, and teach our youth about the history of our people.” Eben and the Reno-Sparks Indian Colony are currently hosting an exhibit on the impacts of mining on Native people of Nevada.
Tribal members have stated in court filings that, because of the history of battles and massacres on the site, Thacker Pass is as significant to their culture as a site like Pearl Harbor is to American history. Arlan Melendez, Chairman of the Reno-Sparks Indian Colony, understands the importance of battle and massacre sites as both a Native American and as a U.S. Marine Corps veteran.
“As tribal leaders, it’s our responsibility to protect and honor our sacred places,” says Melendez. “Throughout US history, tribes have always been set up to lose in the US legal system against BLM. This Lithium Mine stands in the way of our roots and it’s violating the religious freedoms of our elders, our people.”
Falk, the Tribal attorney, says that Lithium Nevada’s construction activities at Thacker Pass are also violating tribal consultation rights.
“The Reno-Sparks Indian Colony and Summit Lake Paiute Tribe are still engaged in consultation with the BLM about the September 12, 1865 massacre site, a site that will be completely destroyed by Lithium Nevada’s mine if this project is built,” Falk says. “It’s hard to believe a government agency is consulting in good faith when they are already allowing the site to be harmed.”
Shelley Harjo, a tribal member from the Fort McDermitt Shoshone Paiute Tribe and an employee of the Reno-Sparks Indian Colony, has called the planned destruction of Thacker Pass “the biggest desecration and rape of a known Native American massacre site in our area.”
The upcoming January 5th hearing in Reno’s Federal Courthouse will be the final oral argument in the ongoing lawsuits against the Thacker Pass mine. Mine opponents are planning a march and rally outside. Plaintiffs, including the Reno-Sparks Indian Colony, Burns Paiute Tribe, four environmental organizations, and local rancher Edward Bartell, have alleged numerous violations of the law, and Judge Miranda Du is expected to issue her opinion in the case within days or weeks of the January 5th hearing.
“No matter what happens in court on January 5th, Thacker Pass is being destroyed right now and that threat will be ongoing,” says Max Wilbert, co-founder of Protect Thacker Pass. “We have to stop that.”
Lithium Nevada claims that its lithium mine will be essential to producing batteries for combating global warming, and the Biden administration has previously indicated some support for Thacker Pass. Opponents of the project have called this “greenwashing,” arguing that the project would harm important wildlife habitat and create significant pollution. They say that electric cars are still harmful to the planet.
Timeline
January 15, 2021 — Due to “fast-tracked” permitting under the Trump Administration, the Bureau of Land Management releases a Record of Decision approving the Thacker Pass mine less than a year after beginning the Environmental Impact Statement process. On the same day, Max Wilbert and Will Falk established the Protect Thacker Pass camp.
February 11, 2021 — Local rancher Edward Bartell files a lawsuit (Case No. 3:21-cv-00080-MMD-CLB) in U.S. District Court alleging the proposed mine violates the Endangered Species Act by harming Lahontan Cutthroat Trout, and would cause irreparable harm to springs, wet meadows, and water tables.
February 26, 2021 — Four environmental organizations (Basin and Range Watch, Great Basin Resource Watch, Wildlands Defense, and Western Watersheds Project) file another lawsuit (Case No. 3:21-cv-00103-MMD-CLB) in U.S. District Court, alleging that BLM violated the National Environmental Policy Act, Federal Land Policy Management Act, and other laws in permitting the Thacker Pass mine.
June 24, 2021 — The National Congress of American Indians (NCAI), the oldest and largest national organization of American Indian and Alaska Native tribal governments, calls on the Department of the Interior to rescind the permits for the Thacker Pass project.
Spring and Summer 2021 — Rallies, protests, and prayer runs take place in Orovada, Winnemucca, Reno, Carson City, and at Thacker Pass. More than 100 mine opponents gather at Thacker Pass to commemorate the 156-year anniversary of a September 12, 1865 massacre of at least 31 Northern Paiute men, women, and children committed by the 1st Nevada Cavalry. Thousands of people visit the site.
July 19, 2021 — The Reno-Sparks Indian Colony and Atsa koodakuh wyh Nuwu (People of Red Mountain) files a successful motion to intervene in Federal District Court (Case No. 3:21-cv-00080-MMD-CLB) alleging that the Bureau of Land Management (BLM) violated the National Historic Preservation Act (NHPA) in permitting the planned lithium mine.
August 2, 2021 — Burns Paiute Tribe files a motion to intervene on the side of tribal plaintiffs (Case No. 3:21-cv-00080-MMD-CLB).
September 15, 2021 — Bureau of Land Management accuses Will Falk and Max Wilbert of trespass for providing bathrooms to native elders at Thacker Pass, fining them $49,890.13.
October 8, 2021 — Eighteen native elders from three regional tribes request a BLM permit for their ceremonial camp. The BLM does not respond.
November 29, 2021 — The Reno-Sparks Indian Colony files an amended complaint in federal court alleging major previously unknown violations of the law. In January, Judge Miranda Du rejects the amended complaint because she wants to make a final decision on the case within a few months (note that the case has now continued for another calendar year).
February 11th, 2022 — Winnemucca Indian Colony files a motion to intervene in the lawsuit on the side of plaintiffs, claiming that BLM’s contention that they consulted with the Tribe is completely false. Judge Du rejects this motion shortly afterwards with the same reasoning used above.
August 2022 — BLM “discovers” five new historic sites at Thacker Pass and for the first time acknowledges the September 12, 1865 massacre took place, but continues to reject tribal expertise.
September 2022 — Lithium Nevada Corporation begins digging up portions of Thacker Pass for “bulk sampling” despite consultation still being ongoing between the Bureau of Land Management and regional tribes over cultural sites.
October 2022 — Dozens of mining activists from four continents visit Thacker Pass as part of the Western Mining Action Network biennial conference.
Contact:
Will Falk, Attorney for the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe
Bethany Sam, Reno-Sparks Indian Colony Media Relations
Max Wilbert, Protect Thacker Pass
The salmons are dying, all for the greed of humans. Salmons are only one of the numerous species at risk due to industrial civilization. We lose 200 species a day. This is an ecological crisis that we are facing. This is a call for action. Join a resistance. For all the species that we are losing every day. For the salmon. Align yourself with the natural world.
Earlier this month I spent a week in the coastal mountains of Oregon, where industrial logging has replaced old-growth forests with monocrop plantations, released vast quantities of greenhouse gases, eviscerated biodiversity, and harmed rivers and streams via siltation and other forms of habitat destruction, water temperature increases, and chemical pollution.
On this trip, I camped a few feet from a salmon stream and was kept up by the sounds of Coho heading upstream to spawn — four fish. Just four.
Industrial forestlands in the mist
Healthy old-growth forest
The author in an industrial clearcut
The rivers and streams of Washington, Oregon, and California are in crisis. Where salmon and steelhead have not already been driven extinct there are only small remnant populations holding on.
In the Western contiguous United States, four hundred and six salmonid populations have already been entirely destroyed, and one-third of remaining populations are listed under the endangered species act. Overall Pacific salmon numbers have declined by 98-99%.
The forests and rivers of the West need defenders. We have work to do. If salmon are going to survive, four things need to happen:
Protect the forests. Industrial logging needs to stop.
Protect the water. The dams must come down. Floodplains, wetlands, and estuaries must be restored and allowed to flourish. Toxic chemical pollution from stormwater runoff and forestry spraying must be stopped.
Protect the fish. Commercial fishing must halt. Salmon farming must be stopped.
Protect the cold. Global warming must be stabilized and reversed.
Editor’s note: Mainstream environmentalists have been demanding that countries across the world declare a “climate emergency.” But what does a climate emergency mean? What will the consequences be? Is there a possibility that it will be more detrimental to the environment? In this piece, Elisabeth Robson argues how declaring a climate emergency can be worse for the environment.
“Climate emergency”. We hear these words regularly these days, whenever there is a wild fire, a flood, or an extreme weather event of any kind. We hear these words at the annual Conference of Parties (COPs) on climate change held by the United Nations Framework Convention on Climate Change (UNFCCC), including at the COP27 meeting happening right now in Egypt. And we hear these words regularly from organizations petitioning the U.S. government to “declare a climate emergency”, and from Senators requesting the same.
Most recently, here in the U.S., we heard these words on October 4, 2022 when a group of US Senators led by Senator Jeff Merkley (D-OR) urged President Biden to “build on the inflation reduction act” and “declare a climate emergency”, writing: “Declaring a climate emergency could unlock the broad powers of the International Emergency Economic Powers Act and the Stafford Act*, allowing you to immediately pursue an array of regulatory and administrative actions to slash emissions, protect public health, support national and energy security, and improve our air and water quality.”
The requests by these Senators include two related specifically to electric vehicles:
* Maximize the adoption of electric vehicles, push states to reduce their transportation-related greenhouse gas emissions, and support the electrification of our mass transit;
* Transition the Department of Defense non-tactical vehicle fleet to electric and zero-emission vehicles, install solar panels on military housing, and take other aggressive steps to decrease its environmental impact.
The Senators continue, “The climate crisis is one of the biggest emergencies that our country has ever faced and time is running out. We need to build off the momentum from the IRA and make sure that we achieve the ambition this crisis requires, and what we have promised the world. We urge you to act boldly, declare this crisis the national emergency that it is, and embark upon significant regulatory and administrative action.”
What the Senators are requesting is that President Biden invoke the National Emergencies Act (NEA) to go above and beyond what the Biden Administration has already done to take action in this “climate emergency” by invoking the Defense Production Act and passing the Inflation Reduction Act. This is not the first time a US president has been asked to declare a climate emergency by members of Congress, but it is the most recent.
Invoking the Defense Production Act, as the administration did in April, 2022, allows the administration to support domestic mining for critical minerals (including lithium, cobalt, nickel, and manganese, which readers of this blog will recognize as essential ingredients in batteries for EVs and energy storage) with federal funding and incentives in the name of national security.
The Inflation Reduction Act, passed in August, 2022, codified into law support for domestic mining of 50 “critical minerals” to supply renewables and battery manufacturing. This law directly supports EV manufacturing by offering tax credits to car companies that use domestic supplies of metals and minerals above a certain threshold (40% to start).
We’ve already seen how the Biden Administration is using its powers under these two acts (the Defense Production Act (DPA) and the Inflation Reduction Act (IRA)) to encourage more domestic mining for “critical minerals” and the expansion of electric vehicles and charging stations. Mining companies are “celebrating”, as one journalist wrote, including Lithium Americas Corporation (LAC) whose CEO said of the IRA “We’re delighted with it.” Car companies getting support from the government to expand manufacturing, companies getting support for building out the EV charging networks, battery-making companies, and the Department of Defense must also be celebrating the infusion of government cash and the tax incentives coming their way.
The administration would have even more power to fund and incentivize mining, manufacturing, development and industry with the National Emergencies Act, or NEA. The NEA empowers the President to activate special powers during a crisis. These powers could include loan guarantees, fast tracking permits, and even suspending existing laws that protect the environment, such as the Clean Air Act, if the administration believes these laws get in the way of mining, manufacturing, and other industrial development required for addressing the climate emergency.
As described in the Brennan Center’s Guide to Emergency Powers and Their Use, in the event a national emergency is declared, such as a climate emergency, the “President may authorize an agency to guarantee loans by private institutions in order to finance products and services essential to the national defense without regard to normal procedural and substantive requirements for such loan guarantees” [emphasis added]. This authorization could occur, as stated in the NEA, “during a period of national emergency declared by Congress or the President” or “upon a determination by the President, on a nondelegable basis, that a specific guarantee is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability.”
Included in the long list of requirements for a Department of Energy (DoE) loan guarantee, the loan applicant must supply “A report containing an analysis of the potential environmental impacts of the proposed project that will enable DoE to:
(i) Assess whether the proposed project will comply with all applicable environmental requirements; and
(ii) Undertake and complete any necessary reviews under the National Environmental Policy Act (NEPA) of 1969.”
In the event a climate emergency is declared, could the administration then be able to “authorize an agency to guarantee loans” to a corporation “without regard” for these requirements? If so, then a corporation could potentially skip the NEPA process currently required for a new mining project, and not bother to do an assessment about whether their project would comply with all applicable environmental requirements (e.g. requirements under the Endangered Species Act, the Clean Air Act, and the Clean Water Act).
In other words, a corporation could proceed with their project, such as a lithium mine, with little to no environmental oversight if the Administration believes the resulting products are “essential to national defense.”
We already know that the Biden Administration believes that lithium production is essential to national defense: they have explicitly stated this in their invocation of the Defense Production Act and in the Inflation Reduction Act.
Declaring a “climate emergency” would give the administration free rein to allow corporations to sidestep environmental procedures that are normally required during the process of permitting a project like a mine, resulting in more harm to the environment.
Aside from these technical details about the implications of declaring a climate emergency, we know that most organizations, including those participating in COP27 and the 1,100 organizations that signed a February 2022 letter to President Biden urging him to declare a climate emergency, are demanding actions that would further harm the environment, such as “maximiz[ing] the adoption of electric vehicles” and “transition[ing] the Department of Defense…to electric and zero-emission vehicles” as demanded in the Senators’ October 4 letter to President Biden.
While these actions may reduce some greenhouse gas emissions, neither of these actions will reduce other harms to the environment, because these actions require more extraction and more development. And neither of these actions will reduce greenhouse gas emissions at a scope large enough to solve the climate crisis. What the activists, organizations, and Senators crying out for the President to declare a climate emergency seemingly fail to understand is that the climate emergency isn’t the only emergency we face.
Industrial development, and more specifically, industrial agriculture, has caused a 70% reduction in wildlife numbers just since 1970. This is an emergency inextricably linked with and just as dire as the climate crisis, yet the Senators and organizations calling for a climate emergency don’t demand a reduction in overall industrial development, only a reduction in fossil fuels development.
Each year, 24 billion tons of topsoil are lost, due primarily to industrial agriculture practices and deforestation. In 2014, the UN estimated that if current degradation rates continue, all the world’s top soil could be gone within 60 years. This too is an emergency inextricably linked with and just as dire as the climate crisis, yet again, the Senators and organizations calling for a climate emergency don’t demand actions to rebuild and restore soil.
Industry, including the military-industrial complex, has polluted the entire planet with toxic levels of mercury, lead, PCBs, dioxins, forever chemicals such as PFAS chemicals, and micro- and nano-plastics. These toxics are in the water we drink, the food we eat, and the air we breathe—“we” being, of course, not just humans but all wildlife on the planet. Again, this is an emergency just as dire as the climate emergency.
More than 50 million gallons of wastewater contaminated with arsenic, lead, and other toxic metals flows daily from some of the most contaminated mining sites in the U.S. into groundwater, rivers, and ponds. Mining waste that is captured must be stored and/or treated indefinitely “for perhaps thousands of years,” as the Associated Press wrote memorably in a 2019 article on mining waste. Replicate this kind of mining waste pollution around the world, and obviously, this too is an emergency just as dire as the climate emergency.
All of these emergencies are related to climate change, of course. The more our societies develop, the more harm we do to the natural world, including the atmosphere.
“Development” is really global technological escalation by industry to extract more materials more efficiently, destroying more of the planet in its relentless theft of “resources.” The more our societies develop, the less habitat for life is left, and the more we overshoot the ability of the Earth to sustain us and the rest of the species on Earth.
We ignore these other emergencies at our peril. Indeed, ignoring them in favor of the climate emergency often exacerbates these emergencies. When the organizations mentioned above demand increases in electric vehicles, increases in batteries, increases in renewables, and increases in climate mitigation and adaptation (building sea walls, retrofitting and improving roads and bridges, moving entire cities), what they are demanding is more development, not less, which means more harm, not less, to the natural world. For instance, we know that the materials required to supply the projected battery demand in 2035 will require 384 new mines. That’s to supply the materials just for batteries.
Ultimately, what most organizations that support declaring a climate emergency want is not to protect life on this planet, but rather, to protect this way of life: the one we’re living now, the one that’s killing the planet. These organizations believe that we can simply replace CO2-emitting fossil fuels with EVs and so-called renewables, and keep living these ecocidal lifestyles we have become accustomed to.
We know this to be true, because we can see it directly in the actions already taken by the Biden administration, actions that will dramatically increase mining in the U.S. Mining increases the destruction of the natural world, meaning MORE habitat loss, not less. Mining increases toxic pollution. Mining increases deforestation. Mining increases top soil loss. In other words, these actions will significantly worsen all the emergencies we, and all life on the planet, face.
Rather than demand governments around the world declare a “climate emergency,” we could instead demand governments around the world declare an “ecological overshoot emergency.” In place of demands to increase industry, increase mining, and build new cars and new energy infrastructure, we could instead demand governments reduce industry, end mining, help wean us completely away from cars, and dramatically reduce energy extraction, production, and consumption. In place of demands to continue a way of life that cannot possibly continue much longer, with its relentless destruction of the natural world, we could instead demand that all societies around the world center what makes life possible on this planet: flourishing and fecund natural communities, of which we could be a thriving part, rather than dominate and destroy.
Join us and help Protect Thacker Pass, or work to defend the wild places you love. We can’t save the planet by destroying the planet in the name of a “climate emergency.”
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* In their October 4 letter to President Biden, the Senators mention how invoking the NEA could “unlock the broad powers of the International Emergency Economic Powers Act and the Stafford Act.” The International Emergency Economic Powers Act (IEEPA) authorizes the president to regulate international commerce after declaring a national emergency, for instance by blocking transactions with corporations based in foreign countries, or by limiting trade with those foreign countries. This would, like the IRA, incentivize building domestic supply chains and manufacturing capabilities. The Stafford Disaster Relief and Emergency Assistance Act encourages states to develop disaster preparedness plans, and provides federal assistance programs in the event of disaster. In the event of an emergency, such as a declared climate emergency, the President could direct any federal agency (e.g. FEMA) to use its resources to aid a state or local government in emergency assistance efforts, and to help states prepare for anticipated hazards. In the event of a declared climate emergency, this would unleash federal funds and other incentive programs to states to build and harden infrastructure that is vulnerable to wildfire, floods, severe storms, ocean acidification, and other effects of climate change.
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