Resistance Newsletter November 2018

November 9, 2018

by Max Wilbert

Deep Green Resistance

max@maxwilbert.org

https://www.deepgreenresistance.org

Current atmospheric CO2 level: 406 PPM

A free monthly newsletter providing analysis and commentary on ecology, global capitalism, empire, and revolution.

For back issues, to read this issue online, or to subscribe via email or RSS, visit the Resistance News web page.

These essays also appear on the DGR News Service, which also includes an active comment section.

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In this issue:

  1. Underground action calendar
  2. Honduran Migrant March: A Refugee Crisis Caused by US Policy and US Partners
  3. Apocalypto
  4. Run for Sacred Water
  5. Oppression and Subordination
  6. Guiding Principles of Deep Green Resistance
  7. Evaluating Strategy
  8. Capitalism is Killing the World’s Wildlife Populations, not ‘Humanity’
  9. Submit your material to the Deep Green Resistance News Service
  10. Abovegound tactics and operations
  11. Further news and recommended reading / podcasts
  12. How to support DGR or get involved

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“We’ve got to stop thinking like vandals and start thinking like field generals.”

– Lierre Keith

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Underground Action Calendar

[Link] The Underground Action Calendar exists to publicize and normalize the use of militant and underground tactics in the fight for justice and sustainability. We include below a wide variety of actions from struggles around the world, especially those in which militants target infrastructure, because we believe this sort of action is necessary to dismantle civilization. Listing an action does not necessarily mean we support or stand behind the goals, strategies, or tactics of those actionists.

This page highlights specific actions. See also our Resistance Profiles for broader information on the strategies, tactics, goals, and effectiveness of various historic and contemporary resistance groups.

If you know of a published action appropriate to add to the Calendar, contact us at undergroundpromotion@deepgreenresistance.org

NOTE: We ONLY accept communications about actions that are already publicly known in one form or another. DO NOT send original communiques directly to this email address. THIS IS NOT A SECURE MEANS OF COMMUNICATION.

Several recent entries on the Underground Action Calendar:

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June 2018 Pennsylvania, US Liquidation system of excavator on pipeline construction site sabotaged, in such a way as to inflict permanent damage Vehicle Monkey

wrenching

May 24, 2018 Birima, Kirkuk, Iraq Two power lines destroyed simultaneously, triggering blackouts in two cities Powerline, Towers  
May 2018 Philadelphia, Pennsylvania, US Cable housing of cell tower torched Telecomms Arson
April 3, 2018 Exton, Pennsylvania, US Tractors for pipeline construction sabotaged Vehicle Monkey

wrenching

View the full Underground Action Calendar database, which contains hundreds of actions dating back more than 50 years, here.

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Honduran Migrant March: A Refugee Crisis Caused by US Policy and US Partners

[Link] by  Honduras Solidarity Network

On October 12, 2018, hundreds of women, men, children, youth and the elderly decided to leave Honduras as a desperate response to survive. The massive exodus that began in the city of San Pedro Sula, reached more than 3 thousand people by the time the group crossed to Guatemala. The caravan, which is headed north to Mexico first, and to the United States as the goal- is the only alternative this people have to reach a bit of the dignity that has been taken from them. They are not alone in their journey. Various waves of Hondurans, whose numbers increase every hour, are being contained by Honduran security forces on their border with El Salvador and Guatemala.

The Honduras Solidarity Network in North America condemns any threats and acts of repression against the refugee caravan, human rights activists and journalists that accompany their journey. The conditions of violence, marginalization and exploitation in which this refugee crisis find its origins, have been created, maintained and reproduced by US-backed social, economic and military interventionist policies, with the support of its Canadian and regional allies. We call on people in the US to reject the criminalization, prosecution, detention, deportation and family separation that threaten the members of this march and the lives of all those refugees forced from their homes in the same way. We urge a change of US policy in Honduras and to cut off security aid to stop human rights abuses and government violence against Hondurans.

This refugee crisis has been exacerbated by the governments of Guatemala and Mexico, who subservient to Donald Trump’s administration, have chosen the path of repression. Bartolo Fuentes, a Honduran journalist and spokesperson for the refugees, has been detained in Guatemala. Meanwhile the Mexican government has sent two planeloads of its National Police to the border with Guatemala. Irineo Mujica, a migrant rights activist and photojournalist, was arrested in Chiapas by agents of the Mexican National Institute of Migration when he was getting ready to support the Honduran migrant march. Today (Friday) in the afternoon, tear gas was fired into the group as they tried to come into Mexico on the border bridge. Honduran human rights organizations report that a 7 month old baby was killed.

The massive forced flight of people from Honduras is not new; it is the legacy of US intervention in the country. Since the 2009 US-backed coup in Honduras, the post-coup regime has perpetuated a system based on disregard for human rights, impunity, corruption, repression and the influence of organized crime groups in the government and in the economic power elite. Since the coup, we have seen the destruction of public education and health services through privatization. The imposition of mining, hydro-electric mega-projects and the concentration of land in agro-industry has plunged 66 percent of the Honduran population into poverty and extreme poverty. In the last 9 years, we have witnessed how the murder of Berta Cáceres and many other activists, indigenous leaders, lawyers, journalists, LGBTQ community members and students has triggered a humanitarian crisis. This crisis is reflected in the internal displacement and the unprecedented exodus of the Honduran people that has caught the public’s eye during recent days.

The fraudulent November 2017 elections, in which Juan Orlando Hernández -president since questionable elections in 2013- was re-elected for a second term in violation of the Honduran constitution, sparked a national outrage. The people’s outrage was confronted by an extremely violent government campaign with military and US-trained security forces to suppress the protests against the fraud. The result of the repression was more than 30 people killed by government forces, more than a thousand arrested and there are currently 20 political prisoners being held in pre-trial prison.

To the repression, intimidation and criminalization faced by the members of the refugee caravan, we respond with a call for solidarity from all the corners of the world. In the face of the violence that has led to the mass exodus of hundreds of thousands of Hondurans, we demand an end to US military and security aid to Juan Orlando’s regime, not as the blackmail tool used by Donald Trump, but as a way to guarantee the protection of the human rights of the Honduran people. We demand justice for Berta Cáceres, for all the victims of political violence as a consequence of the post coup regime, and the approval of the Berta Cáceres Human Rights in Honduras Act H.R. 1299. We demand freedom for all the  political prisoners in Honduras. We demand the US end the criminalization, imprisonment, separation, deportation and killing of migrants and refugees.

Today we fight so that every step, from Honduras to the north of the Americas, is dignified and free.

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Apocalypto

[Link] by Boris Forkel / Deep Green Resistance Germany

It is very difficult for me to live in this culture.

I just can’t psychologically survive in the high performance society, where everyone is passionately exploiting themselves, while all life on this planet is being destroyed.

I have severe depression and anxiety disorders, and I have to take good care of myself to be able to take care of my son.

It is very difficult for people who have never experienced poverty to understand what poverty means. The constant nagging fear. The permanent stress and psychological terror of state authorities on which you are dependent, that harass you and try to keep you small and oppressed.

Now they want me to work underpaid, shitty jobs again. I already had a stroke not long ago. I can’t do these jobs and I can‘t stand the pressure.

I live in the age of the greatest mass extinction in 65 million years. And the cause of this mass extinction is our glorious western civilization.

Empire.

Indeed, almost all imperial forces have joined into one: The West.

“In the last eighteen months, the greatest build-up of military forces since World War Two — led by the United States — is taking place along Russia’s western frontier…The United States is encircling China with a network of bases, with ballistic missiles, battle groups, nuclear-armed bombers,” writes John Pilger.

Looks like the West is encircling the strongest probable future enemies, preparing for war.

Full spectrum dominance.

The understanding of the fact that this culture is always at war, and will indeed kill all life on planet earth made me shift my loyalty and become an activist.

My loyalty does not belong to empire and industrial capitalism. My loyalty belongs to the suppressed, the poor, the dying planet.

Where are you when we need people to take responsibility for our fellow creatures, human and nonhuman, and defend them? Always working on your professional self-fulfillment, performing until you burn out.

Do you distract yourself so manically with your work, so you don’t have to see what is happening around us? That the insects disappear, the songbirds disappear, the masses impoverish?

That the West is already bombing the near and middle east to ashes and dust and prepares for more, while you try to overtake yourself, become faster and better, without even stopping once to understand the obvious fact that this system is heading for collapse?

Instead you wonder where all the refugees come from. (Of course they come for a share of the cake of our western wealth, they might even try to take your precious job! You better join one of the aspiring right-wing movements.)

Imperialism creates the illusion of wealth as far as the masses are concerned. It usually serves to hide the fact that the ruling classes are gobbling up the natural resources of the home territory in an improvident manner and are otherwise utilizing the national wealth largely for their own purposes. Eventually the general public is called upon to pay for all of this, frequently after the military machine can no longer maintain external aggression.

    –Jack Forbes

Capitalism 2.0 comes with a like-button and a smiling emoji, and it will always tell you that everything is fine.

Capitalism is exploitation, but neoliberalism is the smart self-exploitation of the alienated and indoctrinated individual. Exploitation on steroids.

Indoctrination is cheaper and more efficient than violence. It is thus called “soft power.” It works with research-based psycho-politics, and the smart manipulation of human feelings and desires.

Capitalism creates an exploited class of workers that will probably organize and resist (as it did many times).

Neoliberalism creates a population of totally alienated and indoctrinated machine-like zombies, who suppress their own humanity. Each individual a perfect slave, with a software programmed in its brain. Owner Inside®.

Zombie apocalypse.

You might already be a zombie, living in your middle class-bubble or your digital hallucination, but I am still a human being, sensitive as a frightened child, with a healthy portion of empathy and love. I‘m trying to live awake and conscious in this real, physical world, and what I see is mass extinction, ecological catastrophe and imperialist wars. Trauma.

Facing the truth isn’t easy.

I carry a trauma with me from reading A Short Account of the Destruction of the Indies by Bartolome de Las Casas.

I carry a trauma with me from reading Jack Forbes’ Only Approved Indians. He writes: “If a creature learns to completely accept captivity or slavery, if they erase all thoughts of freedom, they can suppress the pain. But if one wants to be free, one has to face the pain; one has to agonize, to suffer, through all of the terror.”

That’s where you are. Completely accepting captivity and slavery, driving out the pain.

That‘s where I am. Going through all the terror. Trying to free myself (and the world) of this culture.

I carry a trauma with me from reading Derrick Jensen‘s Endgame.

And I carry a deep trauma with me from seeing that he is right, from seeing my fellow beings and relatives disappear, the insects, the birds, the amphibians, all of my beloved nature, in rapid decline.

I most certainly carry a lot of trauma with me from my parents and grandparents, since I was born only 34 years after World War II. I certainly carry a trauma from watching all the documentaries and from visiting the concentration camp in Dachau.

You do not understand my language. I can say what I want, but you don‘t understand. You do not even understand the language “stroke” (red alert; Individual doesn’t function anymore within this insane culture).

Government to medical complex: Repair individual and re-integrate into the machine.

Sorry, doesn’t work for me. I’m out.

I need a lot of quiet and peaceful time to deal with all the trauma. I can’t just rush through my life and work ever harder to help to accomplish the neoliberal agenda and make Europe more competitive for the global economy (that’s how the politicians sold it to us; in fact, the rich are getting richer and the poor poorer, as always).

Mental illnesses such as depression or burnout are the expression of a deep crisis of freedom. They are a pathological sign that today freedom often turns into coercion. We think we are free today. But in reality we exploit ourselves passionately until we collapse…Neoliberalism is even capable of exploiting freedom itself. The performance society creates more productivity than the disciplinary society, because it makes excessive use of freedom. It doesn’t exploit against freedom, but it exploits freedom itself. Everything that belongs to practices and expressions of freedom, such as emotion, play and communication, is now exploited. It is not efficient to exploit someone against his or her will. With the external exploitation, the yield is very small. Only self-exploitation, as the exploitation of freedom, produces the greatest yield. The first stage of burnout syndrome is, paradoxically, euphoria. Euphorically I plunge into the work. In the end I collapse and slide into depression. 

    —Byung-Chul Han

What will you do when the next economic collapse hits?

What will you do when you loose your job and can‘t numb yourself anymore with your work?

Alcohol, drugs, suicide?

Better to face the truth, go through all the terror, declare your loyalty to justice and life on planet earth and become a revolutionary.

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Run for Sacred Water

 

[Story] by Max Wilbert / Deep Green Resistance

 

Last week, I was invited to join a Sacred Water Run-Walk in Nevada by Chief Johnnie Bobb of the Western Shoshone National Council. Chief Bobb attended the Sacred Water, Sacred Forests gathering back in May, and we exchanged contact information.

 

I decided to attend last minute after his phone call, and gathered my supplies and energies. It is a 14 hour drive from my home in Oregon to the area the walk was to take place, so I took two days to make the drive. I stopped along the way and purchased as much food and supplies as I could afford, although I didn’t know exactly what was needed.

 

I slept on the night of October 1st in my car at the Swamp Cedars, where we were supposed to meet. The Swamp Cedars are an ecologically unique stand of Rocky Mountain Junipers on the bottom of Spring Valley. Pure water coming out of the ground, shade from the trees, and rich grasses that brought in game animals made this area a gathering place for Newé (Western Shoshone/Goshute) people for thousands of years. It is also why the people were gathered here when they were massacred by the U.S. Calvary, one of several massacres here.

 

I was awoken before the dawn the next morning when Rupert Steele, the chairman of the Confederated Tribes of the Goshute Reservation, pulled in next to me. We spoke for a while, and then others started to arrive. The others included about 15 or 20 other people from 12 different indigenous nations.

 

Mr. Steele and Chief Johnnie Bobb both said prayers and burned sage as the sun rose over Spring Valley. I introduced myself to various people, including the woman who organized the run (Beverly Harry). I told her about the food, which she was happy about. Then the runners started out. I stuck around for a while and made some coffee for the elders. One of them asked me to join them in the run-walk, a great honor. I ended up doing 10 miles that day. We did it relay style, so at least one person from the group ran or walked every mile.

 

We covered 100 miles that first day, then stayed at Cathedral Gorge State Park. We had a nice night around the fire and got to know each other a bit better. I was able to stay through the second day. We covered another 75 miles the second day, and then I had to leave. The runners continued down to the Moapa Paiute reservation.

 

Our network against the water grab is growing. There were some solid people there. In the event SNWA begins to build the pipeline, there will be serious resistance.

 

 

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Oppression and Subordination

 

[Story] by Lierre Keith / Deep Green Resistance.

 

At this moment, the liberal basis of most progressive movements is impeding our ability, individually and collectively, to take action. The individualism of liberalism, and of American society generally, renders too many of us unable to think clearly about our dire situation. Individual action is not an effective response to power because human society is political; by definition it is built from groups, not from individuals. That is not to say that individual acts of physical and intellectual courage can’t spearhead movements. But Rosa Parks didn’t end segregation on the Montgomery, Alabama, bus system. Rosa Parks plus the stalwart determination and strategic savvy of the entire black community did.

 

Liberalism also diverges from a radical analysis on the question of the nature of social reality. Liberalism is idealist. This is the belief that reality is a mental activity. Oppression, therefore, consists of attitudes and ideas, and social change happens through rational argument and education. Materialism, in contrast, is the understanding that society is organized by concrete systems of power, not by thoughts and ideas, and that the solution to oppression is to take those systems apart brick by brick. This in no way implies that individuals are exempt from examining their privilege and behaving honorably. It does mean that antiracism workshops will never end racism: only political struggle to rearrange the fundamentals of power will.

 

There are three other key differences between liberals and radicals. Because liberalism erases power, it can only explain the subordinate position of oppressed groups through biology or some other claim to naturalism. A radical analysis of race understands that differences in skin tone are a continuum, not a distinction: race as biology doesn’t exist. Writes Audrey Smedley in Race in North America: Origin and Evolution of a Worldview,

 

Race originated as the imposition of an arbitrary value system on the facts of biological (phenotypic) variations in the human species.… The meanings had social value but no intrinsic relationship to the biological diversity itself. Race … was fabricated as an existential reality out of a combination of recognizable physical differences and some incontrovertible social facts: the conquest of indigenous peoples, their domination and exploitation, and the importation of a vulnerable and controllable population from Africa to service the insatiable greed of some European entrepreneurs. The physical differences were a major tool by which the dominant whites constructed and maintained social barriers and economic inequalities; that is, they consciously sought to create social stratification based on these visible differences.3

 

Her point is that race is about power, not physical differences. Racializing ideology was a tool of the English against the Irish and the Nazis against the Jews, groups that could not be distinguished by phenotypic differences—indeed, that was why the Jews were forced to wear yellow stars.

 

Conservatives actively embrace biological explanations for race and gender oppression. White liberals usually know better than to claim that people of color are naturally inferior, but without the systematic analysis of radicalism, they are stuck with vaguely uncomfortable notions that people of color are just … different, a difference that is often fetishized or sexualized, or that results in patronizing attitudes.

 

Gender is probably the ultimate example of power disguised as biology. There are sociobiological explanations for everything from male spending patterns to rape, all based on the idea that differences between men and women are biological, not, as radicals believe, socially created. This naturalizing of political categories makes them almost impossible to question; there’s no point in challenging nature or four million years of evolution. It’s as useless as confronting God, the right-wing bulwark of misogyny and social stratification.

 

The primary purpose of all this rationalization is to try to remove power from the equation. If God ordained slavery or rape, then this is what shall happen. Victimization becomes naturalized. When these forms of “naturalization” are shown to be self-serving rationalizations the fall-back position is often that the victimization somehow is a benefit to the victims. Today, many of capitalism’s most vocal defenders argue that indigenous people and subsistence farmers want to “develop” (oddly enough, at the point of a gun); many men argue that women “want it” (oddly enough, at the point of a gun); foresters argue that forests (who existed on their own for thousands of years) benefit from their management.

 

With power removed from the equation, victimization looks voluntary, which erases the fact that it is, in fact, social subordination. What liberals don’t understand is that 90 percent of oppression is consensual. As Florynce Kennedy wrote, “There can be no really pervasive system of oppression … without the consent of the oppressed.”4 This does not mean that it is our fault, that the system will crumble if we withdraw consent, or that the oppressed are responsible for their oppression. All it means is that the powerful—capitalists, white supremacists, colonialists, masculinists—can’t stand over vast numbers of people twenty-four hours a day with guns. Luckily for them and depressingly for the rest of us, they don’t have to.

 

People withstand oppression using three psychological methods: denial, accommodation, and consent. Anyone on the receiving end of domination learns early in life to stay in line or risk the consequences. Those consequences only have to be applied once in a while to be effective: the traumatized psyche will then police itself. In the battered women’s movement, it’s generally acknowledged that one beating a year will keep a woman down.

 

While liberals consider it an insult to be identified with a class or group, they further believe that such an identity renders one a victim. I realize that identity is a complex experience. It’s certainly possible to claim membership in an oppressed group but still hold a liberal perspective on one’s experience. This was brought home to me while I was stuck watching television in a doctor’s waiting room. The show was (supposedly) a comedy about people working in an office. One of the black characters found out that he might have been hired because of an affirmative action policy. He was so depressed and humiliated that he quit. Then the female manager found out that she also might have been ultimately advanced to her position because of affirmative action. She collapsed into depression as well. The emotional narrative was almost impossible for me to follow. Considering what men of color and all women are up against—violence, poverty, daily social derision—affirmative action is the least this society can do to rectify systematic injustice. But the fact that these middle-class professionals got where they were because of the successful strategy of social justice movements was self-evidently understood broadly by the audience to be an insult, rather than an instance of both individual and movement success.

 

Note that within this liberal mind-set it’s not the actual material conditions that victimize—it’s naming those unjust conditions in an attempt to do something about them that brings the charge of victimization. But radicals are not the victimizers. We are the people who believe that unjust systems can change—that the oppressed can have real agency and fight to gain control of the material conditions of their lives. We don’t accept versions of God or nature that defend our domination, and we insist on naming the man behind the curtain, on analyzing who is doing what to whom as the first step to resistance.

 

The final difference between liberals and radicals is in their approaches to justice. Since power is rendered invisible in the liberal schema, justice is served by adhering to abstract principles. For instance, in the United States, First Amendment absolutism means that hate groups can actively recruit and organize since hate speech is perfectly legal. The principle of free speech outweighs the material reality of what hate groups do to real human people.

 

For the radicals, justice cannot be blind; concrete conditions must be recognized and addressed for anything to change. Domination will only be dismantled by taking away the rights of the powerful and redistributing social power to the rest of us. People sometimes say that we will know feminism has done its job when half the CEOs are women. That’s not feminism; to quote Catharine MacKinnon, it’s liberalism applied to women. Feminism will have won not when a few women get an equal piece of the oppression pie, served up in our sisters’ sweat, but when all dominating hierarchies—including economic ones—are dismantled.

 

There is no better definition of oppression than Marilyn Frye’s, from her book The Politics of Reality. She writes, “Oppression is a system of interrelated barriers and forces which reduce, immobilize and mold people who belong to a certain group, and effect their subordination to another group.”5 This is radicalism in one elegant sentence. Oppression is not an attitude, it’s about systems of power. One of the harms of subordination is that it creates not only injustice, exploitation, and abuse, but also consent.

 

Subordination has also been defined for us. Andrea Dworkin lists its four elements:6

 

  1. Hierarchy

 

Hierarchy means there is “a group on top and a group on the bottom.” The “bottom” group has fewer rights, fewer resources, and is “held to be inferior.”7

 

  1. Objectification

 

“Objectification occurs when a human being, through social means, is made less than human, turned into a thing or commodity, bought and sold … those who can be used as if they are not fully human are no longer fully human in social terms.”8

 

  1. Submission

 

“In a condition of inferiority and objectification, submission is usually essential for survival … The submission forced on inferior, objectified groups precisely by hierarchy and objectification is taken to be the proof of inherent inferiority and subhuman capacities.”9

 

  1. Violence

 

Committed by members of the group on top, violence is “systematic, endemic enough to be unremarkable and normative, usually taken as an implicit right of the one committing the violence.”10

 

All four of these elements work together to create an almost hermetically sealed world, psychologically and politically, where oppression is as normal and necessary as air. Any show of resistance is met with a continuum that starts with derision and ends in violent force. Yet resistance happens, somehow. Despite everything, people will insist on their humanity.

 

Coming to a political consciousness is not a painless task. To overcome denial means facing the everyday, normative cruelty of a whole society, a society made up of millions of people who are participating in that cruelty, and if not directly, then as bystanders with benefits. A friend of mine who grew up in extreme poverty recalled becoming politicized during her first year in college, a year of anguish over the simple fact that “there were rich people and there were poor people, and there was a relationship between the two.” You may have to face full-on the painful experiences you denied in order to survive, and even the humiliation of your own collusion. But knowledge of oppression starts from the bedrock that subordination is wrong and resistance is possible. The acquired skill of analysis can be psychologically and even spiritually freeing.

 

Once some understanding of oppression is gained, most people are called to action.

 

Read more from the Deep Green Resistance book online.

 

 

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Guiding Principles of Deep Green Resistance

 

[Link] Statement of Principles

 

The soil, the air, the water, the climate, and the food we eat are created by complex communities of living creatures. The needs of those living communities are primary; individual and social morality must emerge from a humble relationship with the web of life.

 

Civilization, especially industrial civilization, is fundamentally destructive to life on earth. Our task is to create a life-centered resistance movement that will dismantle industrial civilization by any means necessary. Organized political resistance is the only hope for our planet.

 

Deep Green Resistance works to end abuse at the personal, organizational, and cultural levels. We also strive to eradicate domination and subordination from our private lives and sexual practices. Deep Green Resistance aligns itself with feminists and others who seek to eradicate all social domination and to promote solidarity between oppressed peoples.

 

When civilization ends, the living world will rejoice. We must be biophilic people in order to survive. Those of us who have forgotten how must learn again to live with the land and air and water and creatures around us in communities built on respect and thanksgiving. We welcome this future.

 

Deep Green Resistance is a radical feminist organization. Men as a class are waging a war against women. Rape, battering, incest, prostitution, pornography, poverty, and gynocide are both the main weapons in this war and the conditions that create the sex-class women. Gender is not natural, not a choice, and not a feeling: it is the structure of women’s oppression. Attempts to create more “choices” within the sex-caste system only serve to reinforce the brutal realities of male power. As radicals, we intend to dismantle gender and the entire system of patriarchy which it embodies. The freedom of women as a class cannot be separated from the resistance to the dominant culture as a whole.

 

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Evaluating Strategy

 

[Link] Editor’s note: The following is from the chapter “Introduction to Strategy” of the book Deep Green Resistance: A Strategy to Save the  Planet. This book is now available for free online.

 

Resistance is not one-sided. For any strategy resisters can come up with, those in power will do whatever they can to disrupt and undermine it. Any strategic process—for either side—will change the context of the strategy. A strategic objective is a moving target, and there is an intrinsic delay in implementing any strategy. The way to hit a moving target is by “leading” it—by looking slightly ahead of the target. Don’t aim for where the target is; aim for where it’s going to be.

 

Too often we as activists of whatever stripe don’t do this. We often follow the target, and end up missing badly. This is especially clear when dealing with issues of global ecology, which often involve tremendous lag time. We’re worried about the global warming that’s happening now, but to avert current climate change, we should have acted thirty years ago. Mainstream environmentalism in particular is decades behind the target, and the movement’s priorities show it. The most serious mainstream environmental efforts are for tiny changes that don’t reflect the seriousness of our current situation, let alone the situation thirty years from now. They’ve got us worried about hybrid cars and changing lightbulbs, when we should be trying to head off runaway global warming, cascading ecological collapses, the creation of hundreds of millions of ecological refugees or billions of human casualties, and the social justice disasters that accompany such phenomena. If we can’t avert global ecological collapse, then centuries of social justice gains will go down the toilet.

 

It’s worth spelling this out. There have been substantial improvements in humans rights in recent decades, along with major social justice concessions in many parts of the world. Much of this progress can be rightly attributed to the tireless work of social justice advocates and extensive organized resistance. But look at, for example, the worsening ratio between the income of the average employee and the average CEO. The economy has become less equitable, even though the middle rungs of income now have a higher “standard of living.” And all of this is based on a system that systematically destroys natural biomes and rapidly draws down finite resources. It’s not that everyone is getting an equal slice of the pie, or even that the pie is bigger now. If we’re getting more pie, it’s largely because we’re eating tomorrow’s pie today. And next week’s pie, and next month’s pie.

 

For example, the only reason large-scale agriculture even functions is because of cheap oil; without that, large-scale agriculture goes back to depending on slavery and serfdom, as in most of the history of civilization. In the year 1800, at the dawn of the industrial revolution, close to 80 percent of the human population of this planet was in some form of serfdom or slavery.51 And that was with a fraction of the current human population of seven billion. That was with oceans still relatively full of fish, global forests still relatively intact, with prairie and agricultural lands in far better condition than they are now, with water tables practically brimming by modern standards. What do you think is going to happen to social justice concessions when cheap oil—and hence, almost everything else—runs out? Without a broad-based and militant resistance movement that can focus on these urgent threats, the year 1800 is going to look downright cheerful.

 

If we want to be effective strategists, we must be capable of planning for the long term. We must anticipate changes and trends that affect our struggle. We must plan and prepare for the changing nature of our fight six months down the road, two years down the road, ten years down the road, and beyond.

 

We need to look ahead of the target, but we also need to plan for setbacks and disruptions. That’s one of the reasons that the strategy of protracted popular warfare was so effective for revolutionaries in China and Vietnam. That strategy consisted of three stages: the first was based on survival and the expansion of revolutionary networks; the second was guerrilla warfare; and the third was a transition to conventional engagements to decisively destroy enemy forces. The intrinsic flexibility of this strategy meant that revolutionaries could seamlessly move along that continuum as necessary to deal with a changing balance of power. It was almost impossible to derail the strategy, since even if the revolutionaries faced massive setbacks, they could simply return to a strategy of survival.

 

How does anyone evaluate a particular strategy? There are several key characteristics to check, based on everything we’ve covered in this chapter.

 

Objective. Does the strategy have a well-defined and attainable objective? If there is no clear objective there is no strategy. The objective doesn’t have to be a static end point—it can be a progressive change or a process. However, it should not be a “blank or unrepresentable utopia.”

 

Feasibility. Can the organization get from A to B? Does the strategy have a clear path from the current context to the desired objective? Does the plan include contingencies to deal with setbacks or upsets? Does the strategy make use of appropriate strategic precepts like the nine principles of war? Is the strategy consonant with the nature of asymmetric conflict?

 

Resource Limitations. Does the movement or organization have the number of people with adequate skills and competencies required to carry out the strategy? Does it have the organizational capacity? If not, can it scale up in a reasonable time?

 

Tactics. Are the required tactics available? Are the tactics and operations called for by the plan adequate to the scale, scope, and seriousness of the objective? If the required tactics are not available or not being implemented currently, why not? Is the obstacle organizational or ideological in nature? What would need to happen to make the required tactics available, and how feasible are those requirements?

 

Risk. Is the level of risk required to carry out the plan acceptable given the importance of the objective? Remember, this goes both ways. It is important to ask, what is the risk of acting? as well as what is the risk of not acting? A strategy that overreaches based on available resources and tactics might be risky. And, although it may seem counterintuitive at first, a strategy that is too hesitant or conservative may be even more risky, because it may be unable to achieve the objective. If the objective of the strategy is to prevent catastrophic global warming, taking serious action may indeed seem risky—but the consequences of insufficient action are far more severe.

 

Timeliness. Can the plan accomplish its objective within a suitable time frame? Are events to happen in a reasonable sequence? A strategy that takes too long may be completely useless. Indeed, it may be worse than useless, and become actively harmful by drawing people or resources from more effective and timely strategic alternatives.

 

Simplicity and Consistency. Is the plan simple and consistent? The plan should not depend on a large number of prerequisites or complex chains of events. Only simple plans work in emergencies. The plan itself must be explained in a straightforward manner without the use of weasel words or vague or mystical concepts. The plan must also be internally consistent—it must make sense and be free of serious internal contradictions.

 

Consequences. What are the other consequences or effects of this strategy beyond the immediate objective and operations? Might there be unintended consequences, reprisals, or effects on bystanders? Can such undesirable effects be limited by adjusting the strategy? Does the value of the objective outweigh the cost of those consequences?

 

A solid grand strategy is essential, but it’s not enough. Any strategy is made out of smaller tactical building blocks. In the next chapter, “Tactics and Targets,” I outline the tactics that an effective resistance movement to stop this culture from killing the planet might use, and discuss how such a movement might select targets and plan effective actions.

 

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Capitalism is Killing the World’s Wildlife Populations, not ‘Humanity’

 

[Link] by Anna Pigott, Swansea University / The Conversation

 

The latest Living Planet report from the WWF makes for grim reading: a 60% decline in wild animal populations since 1970, collapsing ecosystems, and a distinct possibility that the human species will not be far behind. The report repeatedly stresses that humanity’s consumption is to blame for this mass extinction, and journalists have been quick to amplify the message. The Guardian headline reads “Humanity has wiped out 60% of animal populations”, while the BBC runs with “Mass wildlife loss caused by human consumption”. No wonder: in the 148-page report, the word “humanity” appears 14 times, and “consumption” an impressive 54 times.

 

There is one word, however, that fails to make a single appearance: capitalism. It might seem, when 83% of the world’s freshwater ecosystems are collapsing (another horrifying statistic from the report), that this is no time to quibble over semantics. And yet, as the ecologist Robin Wall Kimmerer has written, “finding the words is another step in learning to see”.

 

Although the WWF report comes close to finding the words by identifying culture, economics, and unsustainable production models as the key problems, it fails to name capitalism as the crucial (and often causal) link between these things. It therefore prevents us from seeing the true nature of the problem. If we don’t name it, we can’t tackle it: it’s like aiming at an invisible target.

 

Why capitalism?

 

The WWF report is right to highlight “exploding human consumption”, not population growth, as the main cause of mass extinction, and it goes to great lengths to illustrate the link between levels of consumption and biodiversity loss. But it stops short of pointing out that capitalism is what compels such reckless consumption. Capitalism – particularly in its neoliberal form – is an ideology founded on a principle of endless economic growth driven by consumption, a proposition that is simply impossible.

 

Industrial agriculture, an activity that the report identifies as the biggest single contributor to species loss, is profoundly shaped by capitalism, not least because only a handful of “commodity” species are deemed to have any value, and because, in the sole pursuit of profit and growth, “externalities” such as pollution and biodiversity loss are ignored. And yet instead of calling the irrationality of capitalism out for the ways in which it renders most of life worthless, the WWF report actually extends a capitalist logic by using terms such as “natural assets” and “ecosystem services” to refer to the living world.

 

By obscuring capitalism with a term that is merely one of its symptoms – “consumption” – there is also a risk that blame and responsibility for species loss is disproportionately shifted onto individual lifestyle choices, while the larger and more powerful systems and institutions that are compelling individuals to consume are, worryingly, let off the hook.

 

Who is ‘humanity,’ anyway?

 

The WWF report chooses “humanity” as its unit of analysis, and this totalising language is eagerly picked up by the press. The Guardian, for example, reports that “the global population is destroying the web of life”. This is grossly misleading. The WWF report itself illustrates that it is far from all of humanity doing the consuming, but it does not go as far as revealing that only a small minority of the human population are causing the vast majority of the damage.

 

Global map of Ecological Footprint of consumption, 2014. Although the WWF report highlights disparity in consumption, it says nothing about the capitalism which produces this pattern. WWF Living Planet

 

From carbon emissions to ecological footprints, the richest 10% of people are having the greatest impact. Furthermore, there is no recognition that the effects of climate and biodiversity collapse are overwhelming felt by the poorest people first – the very people who are contributing least to the problem. Identifying these inequalities matters because it is this – not “humanity” per se – that is the problem, and because inequality is endemic to, you guessed it, capitalist systems (and particularly their racist and colonial legacies).

 

The catch-all word “humanity” papers over all of these cracks, preventing us from seeing the situation as it is. It also perpetuates a sense that humans are inherently “bad”, and that it is somehow “in our nature” to consume until there is nothing left. One tweet, posted in response to the WWF publication, retorted that “we are a virus with shoes”, an attitude that hints at growing public apathy.

 

But what would it mean to redirect such self-loathing towards capitalism? Not only would this be a more accurate target, but it might also empower us to see our humanity as a force for good.

 

Breaking the story

 

Words do so much more than simply assign blame to different causes. Words are makers and breakers of the deep stories that we construct about the world, and these stories are especially important for helping us to navigate environmental crises. Using generalised references to “humanity” and “consumption” as drivers of ecological loss is not only inaccurate, it also perpetuates a distorted view of who we are and what we are capable of becoming.

 

By naming capitalism as a root cause, on the other hand, we identify a particular set of practices and ideas that are by no means permanent nor inherent to the condition of being human. In doing so, we learn to see that things could be otherwise. There is a power to naming something in order to expose it. As the writer and environmentalist Rebecca Solnit puts it:

 

Calling things by their true names cuts through the lies that excuse, buffer, muddle, disguise, avoid, or encourage inaction, indifference, obliviousness. It’s not all there is to changing the world, but it’s a key step.

 

The WWF report urges that a “collective voice is crucial if we are to reverse the trend of biodiversity loss”, but a collective voice is useless if it cannot find the right words. As long as we – and influential organisations such as the WWF, in particular – fail to name capitalism as a key cause of mass extinction, we will remain powerless to break its tragic story.

 

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Contact Deep Green Resistance News Service

 

[Link] To repost DGR original writings or talk with us about anything else, you can contact the Deep Green Resistance News Service by email, on Twitter, or on Facebook.

 

Email: newsservice@deepgreenresistance.org

 

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Please contact us with news, articles, or pieces that you have written. If we decide to post your submission, it may be posted here, or on the Deep Green Resistance Blog.

 

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Aboveground Tactics and Operations

[Link] Editor’s note: The following is from the chapter “Tactics and Targets” of the book Deep Green Resistance: A Strategy to Save the  Planet. This book is now available for free online.

 

For me, nonviolence was not a moral principle but a strategy; there is no moral goodness in using an ineffective weapon.

 

—Nelson Mandela

 

Deeds, not words!

 

—Slogan of the Women’s Social and Political Union

 

Recall that all operations—and hence all tactics—can be divided into three categories:

 

Decisive operations, which directly accomplish the objective.

Sustaining operations, which directly assist and support those carrying out decisive operations.

Shaping operations, which help to create the conditions necessary for success.

 

Where tactics fall depends on the strategic goal. If the strategic goal is to be self-sufficient, then planting a garden may very well be a decisive operation, because it directly accomplishes the objective, or part of it. But if the strategic goal is bigger—say, stopping the destruction of the planet—then planting a garden cannot be considered a decisive operation, because it’s not the absence of gardens that is destroying the planet. It’s the presence of an omnicidal capitalist industrial system.

 

If one’s strategic goal is to dismantle that system, then one’s tactical categories would reflect that. The only decisive actions are those that directly accomplish that goal. Planting a garden—as wonderful and important as that may be—is not a decisive operation. It may be a shaping or sustaining operation under the right circumstances, but nothing about gardening will directly stop this culture from killing the planet, nor dismantle the hierarchical and exploitative systems that are causing this ecocide. Remember, the world used to be filled with indigenous societies which were sustainable and enduring. Their sustainability did not prevent civilization from decimating them again and again.

 

In this chapter we’ll break down aboveground and underground tactics into the three operational categories. For each class of operations, we’ll further break tactics down by scale for individuals, affinity groups, and larger organizations. This is summarized in Figures 13-1 and 13-2 below. As a rule, any tactic an individual can carry out can also be accomplished by a larger organization. So the tactics for each scale can nest into the next, like Russian matryoshka dolls.

 

Figure 13-1: https://i2.wp.com/dgrnewsservice.org/wp-content/uploads/sites/18/2018/10/Screenshot-84.jpg?ssl=1

 

Figure 13-2: https://i1.wp.com/dgrnewsservice.org/wp-content/uploads/sites/18/2018/10/Screenshot-85.jpg?ssl=1

 

Every resistance movement has certain basic activities it must carry out: things like supporting combatants, recruitment, and public education. These activities may be decisive, sustaining, or shaping, as shown in the illustration. And they may be carried out at different scales. Operations like education, awareness raising, and propaganda (shown under aboveground shaping) may occur across the range from the individual to large organizations. The scope of education may change as larger and larger groups take it on, but the basic activities are the same.

 

Other operations change as they are undertaken by larger groups and networks. Look in the underground tactics under sustaining. Individuals may use escape and evasion themselves, to start with. Once a cell is formed, they can actually run their own safehouse. And once cells form into networks, they can combine their safehouses to form escape lines or an entire Underground Railroad. The basic operation of escape and evasion evolves into a qualitatively different activity when taken on by larger networks. A similar dynamic is at work in recruitment; individuals are limited to mutual recruitment, but established groups can carry out organizational recruitment and training.

 

And, of course, some resistance units are too small to take on certain tasks, as we shall discuss. Individuals have few options for decisive action aboveground. Underground, they are limited in their sustaining operations, because secrecy demands that they limit contact with other actionists whom they could support. But once organizations become large enough, they can embrace new operations that would otherwise be out of their reach. Aboveground, large movements can use acts of omission like boycotts or they can occupy and reclaim land. And underground networks can use their spread for coordinated large-scale actions or even guerrilla warfare.

 

ABOVEGROUND TACTICS

 

Broadly speaking, aboveground tactics are those that can be carried out openly—in other words, where the gain in publicity or networking outweighs the risk of reprisals. Underground tactics, in contrast, are those where secrecy is needed to carry out the actions to avoid repression or simply to do the actions. The dividing line between underground and aboveground can move. Its position depends on two things: the social and political context, and the audacity of the resisters.

 

There have been times when sabotage and property destruction have been carried out openly. Conversely, there have been times when even basic education and organizing had to happen underground to avoid repression or reprisals. This means, explicitly, that when we use the term underground we do not necessarily mean acts of sabotage or violence: smuggling Jews out of Nazi Germany was an underground activity, and the Underground Railroad was by definition, er, underground. One of the most important jobs of radicals is to push actions across the line from underground to aboveground. That way, more people and larger organizations are able to use what was once a fringe tactic.1

 

Provoking open defiance of the laws or rules in question also impairs the ability of elites to exercise their power. The South African government, for example, was terrified that people of color in South Africa would simply stop obeying the law of the apartheid government. In even the most openly fascist state, the police force is still a minority of the population. If enough people disobey as part of their daily activities, then the country becomes ungovernable; there aren’t enough police to force everyone to perform their jobs at gunpoint.

 

When enough serious people have gathered to push a tactic back into the aboveground arena, those in power have few choices. If they continue to insist that the law be obeyed, resistance sympathizers may increasingly disregard any laws as dissidents begin to view the government as generally illegitimate—often a government’s worst nightmare. Or the government may offer concessions or change the law. Any of the above could be considered a victory. Usually governments strive to retain the image of control through selective concessions or legislation because the other road ends with civil unrest, revolution, or anarchy.

 

The cases of Dr. Martin Luther King Jr. and Malcolm X exemplifies how a strong militant faction can enhance the effectiveness of less militant tactics. In his book Pure Fire: Self-Defense as Activism in the Civil Rights Era, Christopher B. Strain explains that Martin Luther King Jr. pushed his agenda by using Malcolm X “to illustrate the alternative to legislative reform: chaos.… King would usually present the matter in terms of a choice: ‘We can deal with [the problem of second-class citizenship] now, or we can drive a seething humanity to a desperation it tried, asked, and hoped to avoid.’ … [He] suggested if white leaders failed to heed him ‘millions of Negroes, out of frustration and despair’ will ‘seek solace’ in Malcolm X, a development that ‘will lead inevitably to a frightening racial nightmare.’ ”2 But Strain emphasizes that King and Malcolm X were by no means enemies. “Despite their differing opinions, both men recognized that their brands of activism were complementary, serving to shore up the other’s weaknesses.”3

 

Some presume that Malcolm X’s “anger” was ineffective compared to King’s more “reasonable” and conciliatory position. That couldn’t be further from the truth. It was Malcolm X who made King’s demands seem eminently reasonable, by pushing the boundaries of what the status quo would consider extreme.

 

Pushing boundaries doesn’t have to involve underground property destruction or violence. Breaking antisegregation laws through lunch counter sit-ins, for example, pushed the limits of acceptability during the civil rights struggle. The second generation of suffragists, too, got tired of simply asking for what they wanted and started breaking the law. In both cases, the old guard activists were leery at first.

 

To be perfectly explicit: it isn’t just militants who can push the boundaries; even nonviolent groups can and should be pushing the envelope for militancy—vocally and through their actions—wherever and whenever possible. It’s hard to overstate the importance of this for any grand strategy of resistance. In this way, and many others, aboveground and underground activists are mutually supportive and work in tandem.

 

DECISIVE OPERATIONS ABOVEGROUND

 

Open property destruction is not always decisive. Take the Plowshares Movement activists, who break into military installations and use hammers and other tools to attack everything from soldiers’ personal firearms to live nuclear weapons, after which they wait and accept personal legal responsibility for their actions. There’s no doubt that this involves bravery—obviously it requires a lot of guts to take a sledgehammer to a hydrogen bomb—but these acts are not intended to be decisive. They are chiefly symbolic actions; neither the intent nor the effect of the action is to cause a measurable decrease in the military arsenal. (Presumably they could accomplish this if they really wanted to; anyone with the wherewithal to bypass military security and get within arm’s reach of a live nuclear warhead could probably do it more than once.)

 

In fact, open property destruction as a decisive aboveground tactic is historically rare. Remember, those in power view their property as being more important than the lives of those below them on civilization’s hierarchy. If large amounts of their property are being destroyed openly, they have few qualms about using violent retaliation. Because of this, situations where property can be destroyed openly tend to be very unstable. If those in power retaliate, the resistance movement either falters, shifts underground, or escalates. The Boston Tea Party is an excellent example. After the dumping of tea in December 1773, a boycott was imposed on British tea imports. In October 1774, the ship Peggy Stewart was caught attempting to breach the boycott while landing in Annapolis, Maryland. Protesters burned the ship to the waterline, a considerable escalation from the earlier dumping of tea. Within a year, mere property destruction segued into armed conflict and the Revolutionary War broke out.

 

Aboveground acts of omission are the more common tactical choice. An individual’s reduced consumption is not decisive, for reasons already discussed; in a society running short of finite resources like petroleum, well-meaning personal conservation may simply make supplies more available to those who would put them to the worst use, like militaries and corporate industry. But large-scale conservation could reduce the rate of damage slightly, and buy us more time to enact decisive operations, or, at least, when civilization does come down, leave us with slightly more of the world intact.

 

The expropriation or reclamation of land and materiel can be very effective decisive action when the numbers, strategy, and political situation are right. The Landless Workers Movement in Latin America has been highly successful at reclaiming “underutilized” land. Their large numbers (around two million people), proven strategy of reclaiming land, and political and legal framework in Brazil enable their strategy.

 

Many indigenous communities around the world engage in direct reoccupation and reclamation of land, especially after prolonged legal land claims, with mixed success. There are enough examples of success to suggest that direct reclamation can be successful, especially with wider support from both indigenous and settler communities. The specifics of conflicts like those at Kanehsatake and Oka, Caledonia, Gustafsen Lake, Ipperwash, and Wounded Knee (1973), are too varied to get into here. But it’s clear that indigenous land reclamations attack the root of the legitimacy—even the existence—of colonial states, which is why those in power respond so viciously to them, and why those struggles are so critical and pivotal for broader resistance in general.

 

SUSTAINING OPERATIONS ABOVEGROUND

 

Sustaining operations directly support resistance. For individuals aboveground, that means finding comrades through mutual recruitment or offering material or moral support to other groups. But individual mutual recruitment can be difficult (although this is easier if the recruiter in question is strongly driven, charismatic, well organized, persuasive, and so on). Affinity groups, with more people available to prospect, screen, and train new members, are able to recruit and enculturate very effectively. Individual recruiters have personality, but a group, even a small one, has a culture—hopefully a healthy culture of resistance.

 

Aboveground sustaining operations mostly revolve around solidarity, both moral and material. Legal and prisoner support are important ways of supporting direct action. So are other kinds of material support, fund raising, and logistical aid. The hard part is often building a relationship between supporters and combatants. There can be social and cultural barriers between supporters (say, settler solidarity activists) and those on the front lines (say, indigenous resisters). Indigenous activists may be tired of white people telling them how to defend themselves or perhaps simply wary of people whom they don’t know whether they should trust.

 

Propaganda and agitation supporting a particular campaign or struggle are other important sustaining actions. Liberation struggles like those in South Africa and Palestine have been defended internationally by vocal activists and organizers over decades. This propaganda has increased support for those struggles (both moral and material) and made it more difficult for those in power to repress resisters.

 

Larger organizations can undertake sustaining operations like fund raising and recruitment on a larger scale. They may also do a better job of training or enculturation. A single affinity group has many benefits, but can also be a bubble, a cultural fishbowl of people who come together because they believe the same thing. Being part of a larger network can mean that a new member gets a more well-rounded experience. Of course, the opposite can happen—dysfunctional large groups can quash ideological diversity. Often in “legitimate” groups that means quashing more radical, militant, or challenging beliefs in favor of an inoffensive liberal approach.

 

The converse problem is factionalism. There’s a difference between allowing internal dialogue and dissent, on one hand, and having acrimonious internal conflicts (like in the Black Panthers or the Students for a Democratic Society), on the other. The larger an organization is the harder it is to walk the line between unity and splintering (especially when the COINTELPRO types are trying hard to destroy any effective operation).

 

Larger organizations have a better capacity for sustaining operations (and decisive operations, for that matter) than individuals and small groups, but they rarely apply it effectively. Internal conflicts limit operations to the lowest common denominator: the lowest risk, the lowest level of internal controversy, and the lowest level of effectiveness. The big green and big leftist organizations will only go as far as holding press conferences and waving signs. Meanwhile, indigenous people who are struggling (often at gunpoint) to defend and reclaim their lands are ignored if they act outside the government land claims process. Tree sitters, even those who are avowedly nonviolent, get ignored by the big green organizations when police and loggers come in to attack them. The big organizations almost always fail to deploy their resources for sustaining operations when and where they are needed most. On a moral level, that’s deeply deplorable. On a strategic level, it’s unspeakably stupid. On a species and planetary level, it’s simply suicidal.

 

Of course, it doesn’t have to be that way. Effective resistance movements in history are usually composed of a cross section of many different organizations on many different scales, performing the different tasks best suited to them, and larger organizations are an important part of that. History has shown that it’s possible for large organizations to operate in solidarity and with foresight. Even if they don’t actually carry out decisive operations themselves, large aboveground organizations can offer incredibly important support.

 

SHAPING OPERATIONS ABOVEGROUND

 

Most day-to-day aboveground resistance actions are shaping operations of one kind or another. But many actions could be sustaining or shaping operations, depending on the context. Building a big straw-bale house out in the country would be considered a shaping operation if the house were built simply for the purpose of building a straw-bale house. But if that building were used as a retreat center for resistance training, it might then become part of sustaining operations. Consider the Black Panthers. A free breakfast program for children that was devoid of political content would have been a charity or perhaps mutual aid. A breakfast program integrated within a larger political strategy of education, agitation, and recruitment became a sustaining operation (as well as a threat to the state).

 

One of the most important shaping operations is building a culture of resistance. On an individual level, this might mean cultivating the revolutionary character—learning from resisters of the past, and turning their lessons into habits to gain the psychological and analytical tools needed for effective action. Building a culture of resistance goes hand in hand with education, awareness raising, and propaganda. It also ties into support work and building alternatives, especially concrete political and social alternatives to the status quo. As always, every action must be tied into the larger resistance strategy.

 

Most large organizations focus on shaping operations without making sure they are tied to a larger strategy. They try to raise awareness in the hopes that it will lead indirectly to change. This can be a fine choice if made deliberately and intelligently. But I think that most progressive organizations eschew decisive or sustaining operations because they simply don’t consider themselves to be resistance organizations; they identify strongly with those in power and with the culture that is destroying the planet. They keep trying to convince those in power to please change, and it doesn’t work, and they fail to adjust their tactics accordingly. The planet keeps dying, and people drop out of doing progressive work by the thousands, because it so often doesn’t work. We simply don’t have time for that anymore. We need a livable planet, and at this point a livable planet requires a resistance movement.

 

 

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Further news and recommended reading / podcasts

 

DGR member Kevin Haddock interviewed on RT France [French]

 

DGR book reviewed on prominent YouTube channel [French]

 

Resistance Radio with Jonathan Latham – October 7, 2018

 

Resistance Radio w/ Roderick Campbell – October 14, 2018

 

Resistance Radio w/ Lierre Keith, Deanna Meyer, & Stephany Seay – October 21, 2018

 

Resistance Radio w/ Thomas Linzey – October 28, 2018

 

Resistance Radio w/ Ron Sutherland – November 4, 2018

 

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How to support DGR or get involved

 

Guide to taking action

 

Bring DGR to your community to provide training

 

Become a member

 

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“Beforehand, all revolutions seem impossible. In retrospect, all revolutions seem inevitable.”

 

– Michael McFaul, Stanford Professor, Rhodes Scholar, former member of the National Security Council

 

 

Please feel free to forward this newsletter to those who will find it valuable. Permission is also granted to reprint this newsletter, but it must be reprinted in whole.

 

Run for Sacred Water

Run for Sacred Water

     by Max Wilbert / Deep Green Resistance

Last week, I was invited to join a Sacred Water Run-Walk in Nevada by Chief Johnnie Bobb of the Western Shoshone National Council. Chief Bobb attended the Sacred Water, Sacred Forests gathering back in May, and we exchanged contact information.

I decided to attend last minute after his phone call, and gathered my supplies and energies. It is a 14 hour drive from my home in Oregon to the area the walk was to take place, so I took two days to make the drive. I stopped along the way and purchased as much food and supplies as I could afford, although I didn’t know exactly what was needed.

I slept on the night of October 1st in my car at the Swamp Cedars, where we were supposed to meet. The Swamp Cedars are an ecologically unique stand of Rocky Mountain Junipers on the bottom of Spring Valley. Pure water coming out of the ground, shade from the trees, and rich grasses that brought in game animals made this area a gathering place for Newé (Western Shoshone/Goshute) people for thousands of years. It is also why the people were gathered here when they were massacred by the U.S. Calvary, one of several massacres here.

I was awoken before the dawn the next morning when Rupert Steele, the chairman of the Confederated Tribes of the Goshute Reservation, pulled in next to me. We spoke for a while, and then others started to arrive. The others included about 15 or 20 other people from 12 different indigenous nations.

Mr. Steele and Chief Johnnie Bobb both said prayers and burned sage as the sun rose over Spring Valley. I introduced myself to various people, including the woman who organized the run (Beverly Harry). I told her about the food, which she was happy about. Then the runners started out. I stuck around for a while and made some coffee for the elders. One of them asked me to join them in the run-walk, a great honor. I ended up doing 10 miles that day. We did it relay style, so at least one person from the group ran or walked every mile.

We covered 100 miles that first day, then stayed at Cathedral Gorge State Park. We had a nice night around the fire and got to know each other a bit better. I was able to stay through the second day. We covered another 75 miles the second day, and then I had to leave. The runners continued down to the Moapa Paiute reservation.

Our network against the water grab is growing. There were some solid people there. In the event SNWA begins to build the pipeline, there will be serious resistance.

Colorado River v. Colorado

 

JASON FLORES-WILLIAMS

LAW OFFICE OF JASON FLORES-WILLIAMS

1851 BASSETT, STE 509

DENVER, CO 80202

303-514-4524

JFW@JFWLAW.NET

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

 

THE COLORADO RIVER ECOSYSTEM,

a/n/f

DEEP GREEN RESISTANCE, The SouthWest Coalition, Deanna Meyer, Jennifer Murnan, Fred Gibson, Susan Hyatt, Will Falk.

Plaintiff,

vs.

STATE OF COLORADO

Defendant.

Case No.: [Number]

COMPLAINT FOR DECLARATORY RELIEF

 

 

 

  1. INTRODUCTION

 

Our system of law has failed to stop the degradation of the natural environment, and consequently, has failed to protect the natural and human communities which depend on it for their survival and livelihood. Environmental law has failed to protect the natural environment because it accepts the status of nature and ecosystems as property, while merely regulating the rate at which the natural environment is exploited. Its failure can be seen from the worsening of climate change, the continued pollution of ground and surfacewater, and the decline of every major ecosystem on the continent.

The Colorado River is one such ecosystem. Climate change is worsening Colorado River droughts, many of its tributaries have receded, and the River has been prevented from making its way to the sea. The Colorado River’s continuing existence, let alone its ability to continue to provide sustenance for both human and natural communities, is now at issue.

Faced with similar threats to important ecosystems, courts and legislatures around the globe have begun to create a new kind of environmental law, one which recognizes that ecosystems themselves possess certain rights, and which allows communities to sue on their behalf for damages caused to the ecosystem. By recognizing standing on behalf of the ecosystem itself, injuries caused to the ecosystem are directly recoverable, rather than being dependent solely on harms caused to the users of those ecosystems. Much in the same way that African-Americans and women became “visible” to courts in the 1800’s, courts and legislatures now are making ecosystems visible to the institutions of government.

Through this action, the Plaintiffs are asking this Court to recognize and declare that the Colorado River is capable of possessing rights similar to a “person,” and that as part of that declaration, that the Colorado River has certain rights to exist, flourish, regenerate, and naturally evolve. In the absence of such a finding, Plaintiffs contend that existing environmental laws will continue to fail to protect the Colorado River, and thus, continue to fail to protect the human and natural communities that are dependent on the River.

 

 

 

  1. PARTIES
  2. THE COLORADO RIVER
  3. No ecosystem is more responsible for the facilitation of life – human and non-human – in the arid Southwest than the Colorado River.
  4. Human language lacks the complexity to adequately describe the Colorado River Ecosystem. Any attempt to define it or account for the sheer amount of life made possible by it will necessarily be arbitrary
  5. Nevertheless, we are asked to bring an accurate description of the Colorado River from the vastness of the real, physical world into the small confines of a courtroom. We shall start with this: The Colorado River Ecosystem is best understood as a complex collection of relationships.
  6. These relationships are nearly infinite. The most fundamental include the attraction between hydrogen and oxygen; the liquid, ice, and gas that water and heat create together; the irresistible paths fashioned by the interplay of mountain and gravity; and the climate born from the intercourse of the Sun’s energy and Earth’s atmospheric gasses.
  7. If we begin with water, we see – high in the sky – water dancing as vapor on wind currents. When the dance brings enough water together, clouds form. As clouds pass over the high Colorado Rockies, water freezes and falls as snow. Over the course of winter, clouds contribute their stores of water and snowpack builds. In Spring, snowmelt forms creeks and streams who are guided by mountains through canyons and valleys. Rare summer rains do what they can to join the snowmelt.
  8. Beneath the Earth’s surface, springs pull groundwaters to form their own creeks and streams. Snowmelt, rain, and spring waters intermingle with gravity. And, gravity gathers these waters as they tumble down stone faces, run across tree roots, and seep into sand and soil. The snowmelt, spring water, and gravity build in power as they mix. They soften mountainsides, carve through red rock, and brave the deserts who seek to exhaust them.
  9. The moving waters that create the Colorado River and sustain countless species of flora and fauna cover much more expansive distances than the space between riverbanks commonly understood as the “Colorado River.”
  10. The traditional conception of the Colorado River locates the river’s headwaters in La Poudre Pass, in Colorado’s Rocky Mountains. Before the construction of dams and large- scale diversion, the Colorado flowed 1,450 miles into the Pacific Ocean near Sonora, Mexico. Since the completion of the Glen Canyon Dam in 1963, the Colorado has rarely connected with the sea.
  11. The Colorado River Drainage Basin is the seventh largest drainage basin in North America, covering 246,000 square miles. Ninety-seven percent (97%) of the drainage basin is in the United States. Twenty-five significant tributary rivers join the Colorado River, including the Green, Gila, San Juan, Little Colorado, Dolores, Gunnison, and Virgin Rivers.
  12. Fourteen native fish lived in the Colorado River when European settlers arrived in the West, including four fish that are now endangered: the humpback chub, Colorado pikeminnow, razorback sucker, and bonytail. Only six known humpback chub populations persist. Colorado pikenminnow are no longer found below the Glen Canyon Dam. Wild populations of bonytail no longer exist. Endangered fish species with restricted ranges in Colorado tributaries include the Little Colorado spinedace, Kendall Warm Springs dace, desert pupfish, and springfish.
  13. Springs that feed the Colorado, and the Colorado’s tributaries, support several species of very rare snails including the Overton assiminea, Grand Wash springsnail, Pahranagat pebblesnail, Moapa pebblesnail, and Hot Creek pebblesnail.
  14. The Colorado River’s natural communities include a diversity of forest and flora including dense spruce-fir, pinyon-juniper, and mixed broadleaf and cottonwood forests; moist mountain grasslands where tufted hair grass, Thurber’s fescue, and blue joint grass flourish; prolific willow carrs; desert scrublands; and sparse saltbush-greasewood basins.
  15. The Colorado River’s riparian communities are among the most important habitats for winged creatures in the Western United States. One hundred and thirty-nine (139) confirmed butterfly species can be found in Rocky Mountain National Park, alone. Iconic, and endangered or threatened, birds like the bald eagle, greater sage grouse, Gunnison sage grouse, peregrine falcon, yellow-billed cuckoo, summer tanager, and southwestern willow flycatcher make their homes in the Colorado River watershed.
  16. The scarcity of water in the deserts of the Southwest make the Colorado River Watershed vital for several amphibian species including the Colorado River toad, lowland leopard frog, and the relict leopard frog. Development and water diversion endanger these rare desert amphibians.
  17. Many of the West’s most recognizable mammals depend on the Colorado River Watershed for water and to sustain adequate food sources. Gray wolves, grizzly bear, black bear, mountain lions, coyotes, and lynx walk the banks of the Colorado. Elk, mule deer, and bighorn sheep live in the Basin’s forests. Beavers, river otters, and muskrats live directly in the River’s flow as well as in streams and creeks throughout the Colorado River Basin.
  18. The Colorado River provides water for close to 40 million people and irrigates nearly 4 million acres of American and Mexican cropland.
  19. In 1922, the Colorado River Compact allocated the River’s water between 7 states (Colorado, New Mexico, Utah, Wyoming, Nevada, Arizona, and California). The Compact set the River’s annual average at 15 million acre feet (“maf”) and used this number to distribute water among the states. Between 1914-1923, the River’s annual average was 18.8 million acre feet which is the wettest recorded ten-year period of the last 100 years. The River now averages 14.7 million acre feet annually.
  20. Thirty-four (34) Native American reservations exist within the Colorado River Basin, many of whom seek new water rights not contemplated in the Colorado River Compact. In 1944, the International Boundary Water Commission facilitated a treaty between the United States and Mexico which granted Mexico 1.5 million maf annually.
  21. Agriculture uses the vast majority of the Colorado’s water. In 2012, 78% of the Colorado’s water was used for agriculture alone. Forty-five percent (45%) of the water is diverted from the Colorado River Basin which spells disaster for Basin ecosystems. Major cities that rely on these trans-Basin diversions include Denver, Los Angeles, and Salt Lake City.
  22. DEEP GREEN RESISTANCE AND DEEP GREEN RESISTANCE MEMBERS AS NEXT FRIENDS

 

  1. Members of DEEP GREEN RESISTANCE (“DGR”) serve as “next friends,” for, and guardians of, the Colorado River Ecosystem. DGR is a worldwide, membership-based, grassroots organization rooted in the truth that all life is sustained by soil, air, water, and countless natural communities of living creatures. Because ecosystems sustain life, DGR recognizes that the needs of ecosystems are primary and DGR is committed to protecting vulnerable ecosystems across the planet. DGR, as shown infra, has exemplified a long-standing history of responsible care for the Colorado River Basin.
  2. Next Friend and Guardian DEANNA MYER is a member of DGR and DGR’s Southwest Coalition and resides at 1680 M Hwy 67 Sedalia, CO 80135.
  3. Next Friend and Guardian JENNIFER MURNAN is a member of DGR and DGR’s Southwest Coalition and resides at 5125 Ute Hwy Longmont, CO 80503.
  4. Next Friend and Guardian FRED GIBSON is a member of DGR and DGR’s Southwest Coalition and resides at 6830 Dream Weaver Dr Colorado Springs, CO 80923
  5. Next Friend and Guardian SUSAN HYATT is a member of DGR and DGR’s Southwest Coalition and resides at 457 Walker St Moab, UT 84532.
  6. Next Friend and Guardian WILL FALK is a member of DGR and DGR’s Southwest Coalition and resides at 371 N 200 E Heber City, Utah 84032.
  7. DEEP GREEN RESISTANCE (DGR) is a social and environmental justice organization formed in 2011. Over the past 6 years, DGR has grown to include members across the nation and worldwide.
  8. DGR is committed to the principle that the soil, the air, the water, the climate, and the food we eat, are created by complex communities of living creatures like those creating the Colorado River. The needs of these living communities, worldwide, are primary. Similarly, the needs of the Colorado River, in the American Southwest, are primary. Local, state, and national jurisprudence must emerge from a humble relationship with the living communities which give us life.
  9. DGR engages in a diversity of tactics to protect ecosystems. This includes building public awareness of the interconnectedness of life, the creation and distribution of ecological and political analysis in media worldwide, fundraising to support grassroots campaigns, organizing conferences to bring the most talented minds of the environmental and social justice movements together to discuss strategy, developing activist training programs, and conducting non-violent, civil disobedience to confront ecological violence.
  10. Aside from legal definitions, DGR conducts itself as an organization by: (1) publishing by-laws which govern its activities; (2) operating a process for gaining membership which includes a written application and interview; and by (3) conducting an active membership maintenance program where members must either pay monthly dues or file a quarterly written proposal detailing the work the member plans on doing within DGR’s mission.
  11. SOUTHWEST COALITION is a subcommittee of Deep Green Resistance specifically focused on preserving the Colorado River and the Colorado River Ecosystem.
  12. A number of DGR members live in the Colorado River’s drainage basin, or live in communities who depend on the Colorado. These include members who live in Moab, UT; Heber City, UT; Boulder, CO; Colorado Springs, CO; and Sedalia, CO. These members form the majority of DGR’s SOUTHWEST COALITION.
  13. Relevant SOUTHWEST COALITION Members are listed individually herein as “next friends” of the natural communities creating the Colorado River: Deanna Meyer, Jennifer Murnan, Fred Gibson, Michael Carter, Susan Hyatt, and Will Falk.
  14. In 2015, DGR SOUTHWEST COALITION officially committed to protecting water as its primary focus in a public document titled, “Water: Southwest Coalition Statement of Commitment and Call for Allies.” The health of the Colorado River was prioritized in this document.
  15. The document states, “More than any other area of North America, the Southwest faces water shortages just as demands for water increase…Deep Green Resistance chapters across the Southwest recognize the imminent catastrophe. We view the protection of ground and surface water as critically important. We declare water preservation and justice as our primary focus…”
  16. In 2013, prior to DGR SOUTHWEST COALITION’s publication of this document, DGR formed an alliance with members of the Ely Shoshone Tribe and the Great Basin Water Network to oppose the Southern Nevada Water Authority’s (SNWA) Groundwater Development Project. The Project, which has still failed to gain the necessary permits, would pump 27 billion gallons of groundwater from southeastern Nevada and transport it by pipeline to service Las Vegas. A significant portion of this water naturally flows into the Colorado River through the White and Moapa Rivers. Stopping SNWA protects billions of gallons of the lower Colorado’s water.
  17. In opposition to the SNWA Groundwater Development Project, DGR members organize an annual Sacred Water Tour to show the public the natural and human communities that will be destroyed if the Project is approved. Included on this tour are several areas within the Colorado River Drainage Basin. The 2017 Sacred Water Tour was the event’s 4th edition. Additionally, DGR members have engaged in a public awareness campaign about the Project with news and opinion articles in local and national media platforms; and through radio interviews and podcasts, videos, and photo journals.
  18. In 2015, in conjunction with DGR SOUTHWEST COALITION’s Water Statement, several DGR members formed the Pinyon-Juniper Alliance to oppose the Bureau of Land Management’s and U.S. Forest Service’s “pinyon-juniper treatment projects.” These projects, happening across the Colorado River Basin, clearcut millions of acres of old-growth pinyon-juniper forests to open rangeland for livestock grazing and to clear the way for mine expansions. Pinyon-juniper deforestation contributes to desertification and causes precious high desert topsoil and surface pollution to wash into the Colorado River.
  19. The Pinyon-Juniper Alliance circulated a petition asking BLM to place a moratorium on pinyon-juniper treatment projects while conducting additional research into how, among other things, deforestation affected the Colorado River. The petition gained over 61,787 signatures. DGR members are also involved in organizing experts in the scientific and ecologic communities to speak out against pinyon-juniper deforestation. DGR members wrote a widely-shared essay series about pinyon-juniper deforestation, made videos, and gave radio interviews on the topic.
  20. DGR SOUTHWEST COALITION recently approved a plan to build a water protection and climate change action campaign in Northeastern Utah. The plan targets oil and natural gas hydraulic fracturing (fracking) processes around the Duchesne River which is a major tributary of the Colorado River. Fracking is known to pollute ground and surface water sources. The plan also targets the yellow crude oil refining process in Northeastern Utah which involves heated oil tanker trucks carrying volatile, toxic oil along highways running near creeks, streams, and the Duchesne River, which all empty into the Colorado River. An educational component of the plan seeks to illustrate how climate change threatens the snowpack that feeds the Colorado River and how fracking produces toxic runoff that may find its way to the River.
  21. Defendant John Hickenlooper is the Governor of the State of Colorado, and is being sued in his official capacity as the executive of the State. The Governor’s Office is located at 136 State Capitol Building, Denver, Colorado 80203.

 

  • JURISDICTION and VENUE

 

  1. Diversity is extant between Plaintiff and Defendant so that jurisdiction is proper pursuant to 28 U.S.C. § 1332.
  2. This Court is vested with original jurisdiction over these federal claims by operation of 28 U.S.C. §§ 1331 and 1343.
  3. This Court is vested with authority to grant the requested declaratory judgment by operation of 28 U.S.C. §§ 2201 and 2202, and pursuant to Federal Rule of Civil Procedure 57.
  4. Venue is proper in the United States District Court for the District of Colorado under 28

U.S.C. § 1391(b), in that the events giving rise to the claim occurred within the district.

 

  1. BACKGROUND OF CLAIMS

 

  1. Life is created by complex natural communities of living creatures in ecosystems. Water, air, soil, climate, and the food we eat depend on natural communities. The needs of these communities are primary; individual morality, institutional morality, and Law must emerge from a humble relationship with these natural communities. True sustainability is impossible without such a relationship.
  2. For the vast majority of human history, humans lived in humble relationships with natural communities. We developed traditional cultures that were rooted in the radical interconnectedness of all living beings. Along with other teachings, these cultures insisted upon the inherent worth of the natural communities who give us life.
  3. The dominance of a culture that defines Nature as property enables its destruction. Meanwhile, the planet is on the verge of total collapse. To avert collapse, the destruction must stop. For the destruction to stop, institutions within the dominant culture must recognize the inherent worth of the natural communities who give us life. If American courts do not recognize the inherent worth of natural communities, the dominant culture will not change, and collapse will only intensify. American courts must recognize the legally enforceable rights of ecosystems and nature for those reasons.
  4. The concept that nature should have the right to sue for its own protection has been recognized by members of the United States Supreme Court. In his dissenting opinion in the landmark environmental law case, Sierra Club v. Morton, 405 U.S. 727 (1972), Justice Douglas argued that “inanimate objects” should have standing to sue in court:

Contemporary public concern for protecting nature’s ecological equilibrium should lead to the conferral of standing upon environmental objects to sue for their own preservation.

 

  1. As a practical matter, the difficulty in recognizing this equitable concept (of conferring standing and rights on Natural entities) arises from the fact that nature–which any of us who have spent a day in the Rockies or along The Colorado would never describe as “inanimate”—does not have the ability to hire a law firm, actively participate in its representation or testify in Court. (One shudders at the idea of nature testifying against us. That said, in many real ways, it is testifying against us right now.)
  2. But as Justice Douglas stated in his dissent, inanimate objects who do not have the ability to testify themselves are commonly parties in litigation.  A ship has a legal personality, a fiction found useful for maritime purposes. The corporation sole – a creature of ecclesiastical law – has been deemed to be an acceptable adversary and large fortunes ride on its cases. The ordinary corporation has been repeatedly recognized as a “person” for purposes of constitutional protection and enforcement.
  3. Corporate rights provide an instructive analogy. The Colorado is 60 to 70 million years old and has enabled, sustained, and allowed for human life for as long as human life has been extant in the Western United States, yet the Colorado has no rights or standing whatsoever to defend itself and ensure its existence; while a corporation that can be perfected in fifteen minutes with a credit card can own property, issue stock, open a bank account, sue or defend in litigation, form and bind contracts, claim Fourth Amendment guarantees, due process, equal protection, hold religious beliefs and perhaps most famously invest unlimited amounts of money in support of its favorite political candidate. See Citizens United v. Federal Election Commission, 130 S. Ct. 876, 903 (2010). See also, Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751, 2759 (2014).
  4. The American system of law is replete with doctrines, examples and solutions with regard to when a party cannot bring suit itself and requires another to stand in its stead, including guardian ad litems, parens patriae, executors who can bring suits on behalf of an estate, and trustees. The fiduciary relationship in which one party can litigate in the best of interests of another party has long been recognized by U.S. courts.
  5. One does not have to wax poetic to reasonably assert that a natural entity that has existed for millions of years as a complex ecosystem, and which created the Grand Canyon through its natural flow has, in many ways, respectfully, more volition or will than some of the dependent persons and entities that are currently represented by guardian ad litems and executors in our courts of law. [1]
  6. For that reason and others, courts around the world have come to legally recognize that natural entities on which life depends have the right to exist, which in our law is cognized as the standing, and the right, to bring actions to be heard before our courts.
  7. On July 27, 2014, Te Urewera, an 821-square mile area of New Zealand, was designated as a legal entity with “[A]ll the rights, powers, duties and liabilities of a legal person.” Section 11(1), Te Erewera Act of 2014.
  8. Te Urewera can now bring causes of action on its own behalf without having to prove direct injury to human beings.
  9. In 2008, the country of Ecuador amended its national constitution to establish the rights of ecosystems within the country to exist, regenerate, evolve, and be restored. Those constitutional provisions have triggered several enforcement cases protecting the rights of rivers and other ecosystems in the country.
  10. In November of 2016, Colombia’s Constitutional Court found that the Atrato River, including its tributaries and watershed, is “an entity subject to rights to protection, conservation, maintenance and restoration.” In addition, the Court decreed that the Colombian State shall “exercise legal guardianship and representation of the rights of the river in conjunction with the ethnic communities that inhabit the Atrato river basin.” In its ruling, the court explained

that human populations are those that are interdependent on the natural world –not the other way around- and that they must assume the consequences of their actions and omissions in relation to nature. It’s about understanding this new socio-political reality with the aim of achieving a respectful transformation with the natural world and its environment, just as has happened before with civil and political rights…economic, social and cultural rights…and environmental rights…Now is the time to start taking the first steps towards effectively protecting the planet and its resources before it is too late or the damage is irreversible, not only for future generations but for the entire human species.

Const. Ct. of Colombia, Judgment T-622 DE 2016.

 

  1. On March 20, 2017, the High Court of Uttarakhand at Nainital, in the State of Uttarakhand in northern India, issued a ruling declaring that the Ganges and Yamuna Rivers are “legal persons/living persons.”  This comes after numerous rulings by the court which found that while the rivers are “central to the existence to half of Indian population and their health and well being,” they are severely polluted, with their very existence in question. The court declared that throughout India’s history, it has been necessary to declare that certain “entities, living inanimate, objects or things” be declared as “juristic person[s].”  In the case of the Ganga and Yamuna, the court explained that the time has come to recognize them as legal persons “in order to preserve and conserve” the rivers. (Writ Petition (PIL) No.126 of 2014).
  2. Over three dozen municipalities within the United States, including the City of Pittsburgh, have adopted municipal laws recognizing the legally enforceable rights of ecosystems and nature, and the authority of municipal residents to bring suits in the name of individual ecosystems.
  3. The Court will rightly concern itself with the question of judicial efficiency with regard to the possibility, which opposing party will almost certainly present, of an unwieldy amount of law suits suddenly being brought on behalf of the Colorado River and the Colorado River Ecosystem by individuals who are well-intentioned and rightly concerned, but who lack the direct relationship and stewardship of the Colorado.
  4. This concern is easily addressed by requiring that the filer of the suit evidence a relationship to The Colorado, so that the filer is provably capable of representing its best interests. The same operation of law occurs in class action certifications with regard to certifying representative plaintiffs and class counsel as well as in any adjudication in which a person is appointed guardian ad litem.[2]
  5. COUNTS IN THE NATURE OF DECLARATORY JUDGMENT

COUNT ONE

 

DECLARATORY JUDGMENT

 

  1. All prior paragraphs of this Complaint are incorporated herein.
  2. The Colorado River Ecosystem is essential to life – human and non-human – in the American Southwest.
  3. Threats to the Colorado River Ecosystem are threats to life.
  4. Because threats to the Colorado River Ecosystem are threats to life, the Colorado River Ecosystem must possess the ability to protect itself from threats to its survival.
  5. The ability to protect itself requires that the Colorado River Ecosystem have access to the courts, and that the courts recognize that the Colorado River Ecosystem possesses rights.
  6. Recognition of the capacity of Colorado River Ecosystem to possess rights requires a recognition that the Colorado River Ecosystem is a “person” for purposes of asserting those rights.
  7. Recognition as a “person” requires that courts find that “next friends,” or guardians, may defend and enforce those rights on behalf of the Colorado River Ecosystem.
  8. Therefore, the “next friend” Plaintiffs, request that this Court declare that the Colorado River Ecosystem is a “person” capable of possessing rights and securing those rights through enforcement and defense of those rights, and that the Plaintiffs may serve as “next friends” to seek that relief.

COUNT TWO: DECLARATORY JUDGMENT RELIEF:

THE COLORADO RIVER ECOSYSTEM’S RIGHTS

 

  1. All prior paragraphs of this Complaint are incorporated herein.

 

  1. As a “person” pursuant to the law, the Colorado River Ecosystem must possess certain specific rights to protect and defend itself.
  2. Basic rights necessary for the protection of the Colorado River Ecosystem inherently include the Colorado River Ecosystem’s right to exist, the right to flourish, the right to regenerate, the right to be restored, and the right to naturally evolve.
  3. Lacking those basic rights, the Colorado River Ecosystem’s status as a “person” would be meaningless, because it would be unable to secure and protect those basic rights, and thus, would be unable to protect its life and existence.
  4. Therefore, the Plaintiffs ask this Court to declare that the Colorado River Ecosystem has a right to exist, flourish, regenerate, be restored, and naturally evolve.

 

COUNT THREE: DECLARATORY JUDGMENT:

STATE ACTIONS VIOLATING ECOSYSTEM RIGHTS

 

  1. All prior paragraphs of this Complaint are incorporated herein.
  2. The Colorado River Ecosystem possesses the right to exist, flourish, regenerate, be restored, and naturally evolve.
  3. The rights of the Colorado River Ecosystem establish duties on behalf of the State of Colorado, and all other governments, to respect those rights.
  4. Actions taken by Defendant State of Colorado, to approve permits and issue other regulatory approvals for certain actions regarding the Colorado River Ecosystem, may violate those rights.
  5. In August 2015, the portal of the Gold King Mine was breached, releasing an estimated three million gallons of mine wastewater and 880,000 pounds of heavy metals down the Animas and San Juan rivers (two of the Colorado’s tributaries). This waste flowed into the Colorado River and injured downriver communities. The spill is part of decades of toxic drainage from mines at the headwaters of the Animas River near Silverton, Co.
  6. Before the spill, the State of Colorado and Sunnyside Gold Corporation reached a decision to shut down a water treatment plant in favor of placing bulkheads at the entrance of Sunnyside’s drainage point, the American Tunnel. Most researchers familiar with the Animas watershed believe the bulkheads caused the mine pool of the Sunnyside Mine to back up and cause other mines including the Gold King to discharge acidic water.
  7. Recently, the United States Supreme Court denied the State of New Mexico’s motion for leave to file a bill of complaint against the State of Colorado for harms caused. The Court did not write an opinion with the denial. EPA decided to list the Upper Animas Mining District on the Superfund National Priorities list. Apparently, the Court believes that EPA’s decision to list the District on the NPL completely resolves the harms that EPA, Colorado, and others wrought on the Animas River, the Colorado River, and downstream.
  8. The underlying policy problem here is the American legal system’s insistence that the EPA provides adequate protections, and is the only proper mechanism for gaining recourse for injuries to ecosystems.
  9. Over-Allotment: One reason the Colorado River rarely reaches the sea is the compacts and laws that regulate how much water can be diverted from the river allow humans to take more water from the river than physically exists. The State of Colorado takes more water from the river than any of the other jurisdictions, save California.
  10. The State of Colorado is party to the 1922 Colorado River Compact, the 1948 Upper Colorado River Compact, and a related set of laws, court decrees and an international treaty collectively known as the “Law of the River.” The parties to the 1922 compact assumed that the river’s flow would remain at a reliable 17 million acre-feet of water per year. But, hydrologists now know this 17 million acre-feet per year standard represented an unusually high flow and was a mistake. Streamflow records showed that the Colorado River’s flow was only 9 million acre-feet in 1902, for example. From 2000-2016, the River’s flow only averaged 12.4 million acre-feet per year.
  11. Regardless, the 1922 Compact was enacted over calls for time-limited allocations that would allow for the parties to reassess allotments. The Compact’s framers divided, in perpetuity, 15 million-acre feet. So, for most of the last 16 years, the States are legally allowed to use more of the Colorado River’s water than actually exists.
  12. This 15 million-acre feet was further divided with 7.5 million acre-feet allocated to the lower basin states (Arizona, California, and Nevada) and 7.5 million acre-feet allocated to the upper basin states (Colorado, New Mexico, Utah, and Wyoming).
  13. In the negotiations, Colorado and the other upper basin states succeeded in barring the application of the Doctrine of Prior Appropriation across states lines to allocation of Colorado River water. The Doctrine of Prior Appropriation is commonly known as “first in time, first in right.” In 1948, the Upper Colorado Basin Compact was enacted between Colorado, New Mexico, Utah Wyoming, and Arizona (a small part of Arizona lies in the upper basin) with Colorado receiving most of the Upper Basin’s allotted 7.5 million acre-feet. Colorado was allowed 51.75 percent, Utah 23 percent, Wyoming 14 percent, and New Mexico 11.25 percent. The small part of Arizona received 50,000 acre-feet.
  14. Dams: Another reason the Colorado River rarely reaches the sea is the presence of dams that block the river’s flow. The State of Colorado operates dams on the Colorado River including the Price-Stubb Dam, Grand Valley Diversion Dam, Windy Gap Dam, Granby Dam, and Shadow Mountain Dam. The State also operates dams on major tributaries of the Colorado River including the Blue Mesa Dam and the Morrow Point Dam on the Gunnison River, the Dillon Dam and Green Mountain Dam on the Blue River, and the McPhee Dam on the Dolores River.
  15. The State of Colorado has constructed these dams in an effort to seize a larger share of dwindling water supplies before that water flows downstream.
  16. In addition to choking up the Colorado River, dams are disasters for downstream ecosystems and endemic species. Dams are leading cause of the population collapses of the Colorado River’s four species of endangered fish, the humpback chub, bonytail chub, Colorado pikeminnow, and razorback sucker. Farther downstream, the world’s most rare marine mammal, the vaquita porpoise who calls the Gulf of California home, is dangerously close to extinction because the Colorado River rarely reaches the Gulf of California.
  17. The Plaintiffs are asking this Court to declare these and other actions taken by the State of Colorado, and certain inaction by the State of Colorado, capable of violating the rights of the Colorado River Ecosystem.

 

  1. REQUEST FOR HEARING

 

  1. Plaintiffs request that this Honorable Court, pursuant to FRCP 65, grant an evidentiary hearing as the issues herein are of importance to the public interest.

 

  • NOTICE OF NO RELATED CASES PURSUANT TO D.C.COLO.L Civ R 3.2.

 

  1. Pursuant to D.C.COLO.L Civ R 3.2, there are no related or similar cases before any courts. This is a matter of first impression.

 

  • DECLARATORY RELIEF SOUGHT
  1. Plaintiff the Colorado River Ecosystem seeks a declaration from this Court that:
  2. The Colorado River Ecosystem is a “person” capable of possessing rights;
  3. The Colorado River Ecosystem possesses the rights to exist, flourish, regenerate, be restored, and naturally evolve;
  4. That DGR may serve as guardians, or “next friends,” for the Colorado River Ecosystem; and
  5. That certain activities permitted by, or carried out by, the State of Colorado, may violate the rights of the natural communities creating the Colorado River, and that the Plaintiffs may proceed to file for injunctive relief to enjoin the State of Colorado from taking action related to those activities, or to force the State of Colorado to take certain actions, as violations of the rights of the Colorado River Ecosystem.

 

Respectfully submitted this the 26th day of September 2017,

 

s/Jason Flores-Williams, Esq.

Counsel for Plaintiff

Phone: 303-514-4524

Email: Jfw@jfwlaw.net

1851 Bassett St.

#509

Denver, Colorado 80202

 

[1] In his 1797 Transaction of the American Philosophical Society, Thomas Jefferson, the chief framer of our constitutional rights, stated:

 

The movements of nature are in a never ending circle. The animal species which has once been put into a train of motion, is still probably moving in that train. For if one link in nature’s chain might be lost, another and another might be lost, till this whole system of things should vanish by piece-meal; a conclusion not warranted by the local disappearance of one or two species of animals, and opposed by the thousands and thousands of instances of the renovating power constantly exercised by nature for the reproduction of all her subjects, animal, vegetable, and mineral.

[2] For purposes of judicial economy, Fed. R. Civ. P 53 empowers the Court to appoint a special master. In cases where identifiable natural entities such as the Colorado are being threatened or facing extinction, an R.53 appointment could be in place to screen claims brought in the name of the Colorado River Ecosystem.

The Swamp Cedars and the Nevada Water Grab

The Swamp Cedars and the Nevada Water Grab

By Will Falk / Deep Green Resistance

The Swamp Cedars in Spring Valley, Nevada have grown long memories. They stand on the valley floor under the bright Great Basin stars where the skies are still unspoiled by the encroaching glow of electricity. Beneath the trees’ branches, the blue petals of wild irises flutter in the breeze. All of them – the trees, the flowers, the stars – sway to the soft melodies played by the valley’s bubbling springs.

Most of the Swamp Cedars’ memories are pleasant. Carried by glaciers to the valley floor sometime in the last two and a half million years, the Swamp Cedars remember when wooly mammoths plodded through the Great Basin. The wind through their leaves whispers of a time when the Swamp Cedars trembled under the shadow of great teraton birds who rode the skies with their 25-foot wingspans. When wild horses stop at the springs to share a drink with the Swamp Cedars, the trees tell stories of the fleet native horses and camels that once ran the open spaces of North America.

Dawn in Spring Valley still carries the hint of curiosity the Swamp Cedars felt on that morning so many thousands of years ago when they watched the first humans walk from the foothills to rest in the welcome shade the trees offered. They learned to expect the humans regularly as they gathered under the trees for sacred ceremonies. They listened as the humans called themselves “Newe” and the trees learned that the word meant, “people.”

The Newe returned often to the Swamp Cedars for their ceremonies and the trees took delight with the Newe as old friends embraced after several seasons apart, as young people became lovers, and as information was shared about the year’s pinyon pine nut harvest.

A few of the memories are extremely painful. The Swamp Cedars recall when a different kind of human first arrived in Spring Valley. These humans were pale of skin and rode what the trees recognized as horses though they were a different species of horse than the native horses that had long since been lost. At first, there were just a few of the pale humans, but the trickle turned into a flood. The Swamp Cedars wince as they relive their first experience of steel – the excruciating pain that came when the first ax drove deep into living Swamp Cedar wood.

Worst of all, the Swamp Cedars witnessed the Newe screaming as the blue-clad humans on horses rode them down, the puffs of white smoke that turned into a haze, and the sharp cracks of rifle fire. The Swamp Cedars still recoil from the taste of blood in the soil when the bubbling springs turned red.

***

Dr. Ronald Lanner, one of the foremost experts on Great Basin trees explains the Swamp Cedars’ uniqueness: “…within the borders of Nevada, Rocky Mountain juniper is found in 39 mountain ranges but in only one valley – Spring Valley.” The Swamp Cedars carry an aura of magic. In fact, they are not cedars at all. They are actually Rocky Mountain junipers (juniperus scopulorum) and Rocky Mountain junipers always grow on dry, rocky mountain slopes or in somewhat shaded canyons. Always – except for the Swamp Cedars. Mysteriously, the Swamp Cedars grow in valley bottom woodlands that are flooded part of the year.

The Swamp Cedars of Spring Valley are likely on their way to evolving into a distinct species. Lanner describes, “…it is very likely the swamp cedars comprise a distinct ecotype of Rocky Mountain juniper. An ecotype is a genetically differentiated population that has evolved in adaptation to a distinctively different environment than characterizes that of the main population of its species.”

The Swamp Cedars are sacred to the Shoshone (Newe in their own language) peoples. According to Shoshone elder Delaine Spilsbury, Nevada’s Native peoples were hunter-gatherers who roamed the region in small familial groups while they searched for food. The Swamp Cedars were centrally located in the Shoshone’s traditional territories and offered ample shade during the hot Great Basin summers.  Beneath the trees are a series of springs. Water from the springs encouraged plants and animals to proliferate. The Shoshone found many game birds and animals, medicinal plants, and fish in the nearby streams and ponds. Not far away from the Swamp Cedars, pinyon pine forests grew bounties of pine nuts. With these conditions, the Swamp Cedars became the favorite gathering place for the Shoshone and a sacred ceremonial site.

The Swamp Cedars are a massacre site. Three times over. Spilsbury explains that two of the massacres are of official military record while the last massacre happened at the hands of vigilantes with no military record.

The first two massacres happened in the 1860s. In the first massacre, most of the Shoshone escaped when American cavalry horses became mired in the mud created by the valley’s springs. The second massacre was much worse and Spilsbury says the written reports “state that men’s penises were cut off and shoved into their mouths and tree branches were shoved into women’s vaginas.”

The third massacre happened in 1897. This massacre is only remembered because two little girls hid in a ditch and were not discovered by the white vigilantes who murdered everyone else. The two little girls walked south to the Swallow Ranch. One of the two survivors was named Mamie by the Swallow family. Later, she married one of the Swallows’ hired hands – a Paiute man from Shivits, Utah named Joe Joseph. Spilsbury is the granddaughter of Mamie and Joe Joseph and, therefore, a direct descendant of a survivor of the last Swamp Cedar massacre.

The massacres cursed the Swamp Cedars with a bloody historical significance, but the massacres also endowed the trees with a deep, spiritual significance. According to Spilsbury, “Newe believe that because of their violent deaths, the spirits of the victims remain in the Sacred Trees.”

***

The Swamp Cedars are under attack. Close to 300 miles south of Spring Valley, the City of Las Vegas sprang up in the desert. Las Vegas’ population continues to grow in an arid landscape and the city is running out of water. Instead of restricting development, Sin City encourages residents and businesses to move to the city promising them access to the water they’ll need.

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In 1991, the Southern Nevada Water Authority (SNWA) was created through a cooperative agreement among seven water and wastewater agencies in Southern Nevada including Big Bend Water District, City of Boulder City, City of Henderson, City of Las Vegas, City of North Las Vegas, Clark County Water Reclamation District, and the Las Vegas Valley Water District.

From the SNWA website: “SNWA officials are charged with managing the region’s water resources and providing for Las Vegas Valley residents’ and businesses’ present and future water needs.”  To do this, SNWA has proposed a “Groundwater Development Project.”

The bulk of this plan hinges on a large pipeline from Las Vegas to rural eastern Nevada. The main pipeline is estimated to include 263 miles of buried water pipelines while an estimated 96 to 254 miles of collector pipelines will feed water to the main pipeline. The entire pipeline will pump 27 billion gallons of water from the desert annually. Between 71 and 88 wells will have to be dug in fragile ecosystems while somewhere between 96 and 254 miles of overhead distribution power lines will be built in a region famous for wildfires. The water will be taken primarily from 4 desert valleys – Spring, Cave, Dry Lake, and Delamar Valleys.

In other words, SNWA’s Groundwater Development Plan would destroy much of the Great Basin, would destroy Spring Valley and would destroy the Swamp Cedars.

According to Dr. David Charlet, in his study “Effects of Interbasin Water Transport on Ecosystems of Spring Valley, White Pine County, Nevada,” “Ecosystems of Spring Valley, like most valleys in Nevada, are stressed. Overgrazing, particularly during the late 1800s, water diversion, and groundwater pumping have weakened the plant communities.”

This means human activities are already undermining life in the area.

Charlet makes horrifying predictions for the Swamp Cedars, writing, “The groundwater development proposed by the SNWA for the Spring Valley will doom the populations of swamp cedars. It is unlikely that they will live long past the first 20 yr [sic] of drawdown…” In fact, Charlet believes the Swamp Cedars will act as the canaries in the coal mine as he describes what he thinks will happen, “The swamp cedars will be the first plant species in the valley to become locally extinct, and I imagine that they would not be able to hang on for more than 50 yr. The next species to follow the swamp cedars will be the greasewood, followed shortly by big Great Basin sagebrush, and finally by rabbitbrush.”

Dr. Lanner agrees with Dr. Charlet in Lanner’s study “The Effect of Groundwater Pumping Proposed by the Southern Nevada Water Authority on the ‘Swamp Cedar’ of Spring Valley, Nevada.” He writes, “Despite the fact that the swamp cedars are not currently considered at risk of extinction by state or federal authorities, they are vulnerable to groundwater pumping leading to lowering of the water table and loss of surface flooding. The granting of pumping permits would make it logical, however, for such listing to be initiated.”

Even more terrifying than Charlet’s 20-year prediction, Lanner gives the Swamp Cedars 2 years. He explains, “Since the swamp cedars’ root systems are concentrated in the upper one foot of soil, and almost entirely in the upper two feet, drawdown of water from this part of the soil profile can be expected to be devastating to the trees. I would expect trees to die within no more than two years following the pumping of water from their root zone, even if there is ample rainfall to keep surface roots alive.”

***

What will the world lose if SNWA has its way?

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Wild irises and Swamp Cedars, Spring Valley

There are the obvious answers. The world will lose the Swamp Cedars, Spring Valley’s ability to support life, and a place of cultural significance for a historically oppressed people. Las Vegas will swell and, as it gets bigger, will require ever more water to support itself. Eventually, the city will reach farther and farther to steal water destroying community after community until it cannot find enough. Then, it will collapse.  Many of those who have been forced to rely on the city’s infrastructure for the necessities of life will perish. These will be grievous wounds, of course. And they give us all the reason we need to know that SNWA must be stopped.

There are wounds that strike even deeper than these, though. They are wounds that scrape our spirits. They are aimed at our souls. They erase our collective memory and chill our courage to resist. Understanding the Swamp Cedars, listening to their stories, and sharing their memories helps us to regain our own memories. Regaining our memories will enable us to see more clearly.

What will we see when we see clearly?

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We will see that this culture’s pattern of abuse is not inevitable. Las Vegas’ water shortage is the result of a complex of stories, institutions, and artifacts that both leads to and springs from the growth of cities. Cities are groups of people living in place in populations high enough to require the importation of the necessities of life like water. This is a way of life built on drawdown and can never be sustainable.

Contrast this to the hunter/gatherer culture practiced by the Shoshone – the people who will suffer the most from SNWA’s water grab. The Shoshone lived sustainably in places like Spring Valley for thousands of years without destroying the land. The dominant culture, on the other hand, has been in the area since the 1850s. And, already in this comparatively short time, the Great Basin is on the verge of collapse.

Central to Shoshone culture is the idea that the Swamp Cedars are sacred. As the Shoshone teach that the victims of the Swamp Cedars massacres remain in the trees, they ensure that the lessons of these massacres will never be forgotten so long as both the Shoshone and the Swamp Cedars survive.

It is in the Swamp Cedars’ sacredness that we find one of the prime motivations for the dominant culture’s destruction of the Swamp Cedars, for the destruction of indigenous peoples’ sacred places around the world, and ultimately for the annihilation of every last indigenous culture. In destroying the Swamp Cedars, in destroying sacred places, and in destroying indigenous cultures, the dominant culture destroys examples of true sustainability. The dominant culture wants to erase all memory that there are other, more beautiful ways to live.

For the vast majority of human history and in lands around the world, humans built cultures based on the notion that all living beings are sacred. Fish, birds, and animals were our kin. Mountains housed gods, rivers spoke the mysteries of existence, and spirits lived in the trees. When every living being is sacred, it is sacrilegious to destroy wantonly and the kind of total annihilation we face today is simply unthinkable.

When a small minority of human cultures banished the sacred to abstract sky gods or denied the possibility of the sacred in any form, they turned a living, speaking world into so much material to use. Surrounded, as this small minority was, by humans who still remembered the sacredness of all life, this small minority was incredibly insecure. To maintain the lies, they had to destroy the reminders. Natural community after natural community, species after species have fallen victim to this culture. The dominant culture operates as a serial killer. And, just like a serial killer, the dominant culture will destroy every last scrap of the evidence of its crimes if we let it.

The Swamp Cedars, by their sacredness to the Shoshone, by the memories they carry, by their very existence, betray the unspeakable evils committed by this culture. The dominant culture cannot afford for the Swamp Cedars to continue teaching the world about life. The Swamp Cedars must survive. We must stop the SNWA water grab and biocidal projects everywhere.

For more information about stopping the SNWA water grab, please see the Great Basin Water Network and Deep Green Resistance Southwest Coalition

“Sacred Water Tour” Opposes the SNWA Groundwater Project

“Sacred Water Tour” Opposes the SNWA Groundwater Project

By Max Wilbert / Deep Green Resistance Great Basin

Ely, Nev. – A camping tour of the region that will be affected by the Southern Nevada Water Authority (SNWA) groundwater development project is taking place over memorial day weekend – and you’re invited.

The trip, which will take place from May 24th to 26th, will begin at the north end of the water grab region, at the Confederated Tribes of the Goshute Reservation in Ibapah, Utah – a community which has been organizing to stop the groundwater project for years.

Trip organizer Max Wilbert says the goal is to get to know the land threatened by water extraction.

“These regions of eastern Nevada are some of the most beautiful, remote landscapes in the West,” Wilbert said. “Once you see that beauty, you want to fight to protect it.

Members of the Goshute and Shoshone tribes are holding the event in collaboration with community members from across the southwest (Tuscon, Moab, and Salt Lake City). Their goal is to raise awareness of the unique natural and cultural heritage of the region.

“My people have lived here sustainably for over 10,000 years,” said Rick Spilsbury, a Shoshone man and area-resident who is guiding the tour. “We want that for all of the Earth for another 10,000 years.”

SNWA is the organization that delivers water to Las Vegas and the surrounding area, and is planning a $15 billion project to extract groundwater out of mountain valleys in eastern Nevada.

Proponents of the project say that the water and pipeline is required to meet rising water demand in Las Vegas, especially as water levels in the Colorado River and Lake Mead continue to decline. Critics say the pipeline will decimate ecosystems and small farming, ranching, and indigenous communities, and that Las Vegas residents will be stuck with a massive bill.