Federal Agents Went Undercover To Spy on Anti-Fracking Movement, Emails Reveal

Federal Agents Went Undercover To Spy on Anti-Fracking Movement, Emails Reveal

Featured image: Break Free protesters at a fracking site in Colorado on May 14. (Photo: Christian O’Rourke/Survival Media Agency)

By Steve Horn and Lee Fang / The Intercept

When more than 300 protesters assembled in May at the Holiday Inn in Lakewood, Colorado — the venue chosen by the Bureau of Land Management (BLM) for an auction of oil and gas leases on public lands — several of the demonstrators were in fact undercover agents sent by law enforcement to keep tabs on the demonstration, according to emails obtained by The Intercept.

The “Keep it in the Ground” movement, a broad effort to block the development of drilling projects, has rapidly gained traction over the last year, raising pressure on the Obama administration to curtail hydraulic fracturing, known as fracking, and coal mining on federal public lands. In response, government agencies and industry groups have sharply criticized the activists in public, while quietly moving to track their activities.

The emails, which were obtained through an open records act request, show that the Lakewood Police Department collected details about the protest from undercover officers as the event was being planned. During the auction, both local law enforcement and federal agents went undercover among the protesters.

The emails further show that police monitored Keep it in the Ground participating groups such as 350.org, Break Free Movement, Rainforest Action Network, and WildEarth Guardians, while relying upon intelligence gathered by Anadarko, one of the largest oil and gas producers in the region.

“Gentlemen, Here is some additional intelligence on the group you may be dealing with today,” wrote Kevin Paletta, Lakewood’s then-chief of police, on May 12, the day of the protest. The Anadarko report, forwarded to Paletta by Joni Inman, a public relations consultant, warned of activist trainings conducted by “the very active off-shoot of 350.org” that had “the goal of encouraging ‘direct action’ such as blocking, vandalism, and trespass.”

The protesters waved signs and marched outside of the Holiday Inn. The auction went on as planned and there were no arrests.

“I believe the BLM reached out to us,” Steve Davis, the public information officer for the Lakewood police, told The Intercept about preparations for the protest. He added that the protest was “very peaceful.”

“Our goal is to provide for public safety and the safety of our employees,” says Steven Hall, the BLM Colorado Communications Director, when asked about the agency’s undercover work. “Any actions that we take are designed to achieved those goals. We do not discuss the details of our law enforcement activities.”

BLM reimbursed the Lakewood police for costs associated with covering the protest, the emails and a scanned copy of the check show.

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Police officers block the entrance to the Bureau of Land Management auction at the Holiday Inn of Lakewood, Colorado, May 12, 2016. Photo: Olivia Abtahi/Survival Media Agency

Aggressive Stance

Despite a relatively uncontroversial protest, the tactics revealed by the emails, recent public statements, and other maneuvers suggest that the federal government is beginning to take a more aggressive stance toward the Keep it in the Ground movement.

“I’m really wondering what more the BLM is up to,” said Jeremy Nichols, a climate and energy program director for WildEarth Guardians. “Some of the emails indicate more extensive intel gathering on their end.”

“Why are climate activists, who are only calling on the BLM to follow President Obama’s lead and heed universally accepted science, facing this kind of uphill response?” Nichols asked rhetorically. “It’s a shame that the BLM has turned climate concerns into a law enforcement issue instead of a genuine policy discussion.”

During a congressional hearing in March, Neil Kornze — the agency’s Director and former senior policy advisor for U.S. Senate Minority Leader Harry Reid — appeared to compare the anti-fracking activists to the armed anti-government militia members who occupied the Malheur National Wildlife Refuge in Oregon.

“We have had a situation where we have had militia; we’ve had people raising arms at different times. We are on heightened alert and we are concerned about safety. And so a situation that we are not used to, separating out who is a bidder and who is not, gives us pause,” Kornze said, explaining to GOP congressman that his agency faced “abnormal security” concerns.

The bureau maintains its own force of special agents to investigate crimes committed on public lands. The website for the agency notes that “investigations may require the use of undercover officers, informants, surveillance and travel to various locations throughout the United States.”

Broader Trend

In recent years federal and private sector groups have poured resources into surveilling environmental organizations.

In 2013, The Guardian revealed that the FBI had spied on activists organizing opposition to the Keystone XL pipeline. The agency “collated inside knowledge about forthcoming protests, documented the identities of individuals photographing oil-related infrastructure, scrutinized police intelligence and cultivated at least one informant.” The FBI later confirmed that the investigation violated its own guidelines.

In 2011, an executive with Anadarko boasted that his company was deploying military-like psychological warfare techniques to deal with the “controversy that we as an industry are dealing with,” calling the opposition to the industry “an insurgency.”

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Protestors gather inside the Holiday Inn of Lakewood, Colorado to protest the auctioning of public lands for oil and gas companies, May 12, 2016. Photo: Olivia Abtahi/Survival Media Agency

Online Auctions to “End the Circus”

The focus on preventing the leasing of public lands for fracking gained national headlines in 2008 when activist Tim DeChristopher successfully bid on 22,000 acres of oil and gas land in Utah. DeChristopher, who served two years in prison, did not intend to pay but won the bid in order to disrupt the auction and call attention to the leasing program. That pricing regime allows private corporations to pay deeply discounted rates — as little as $1.50 per acre — for drilling rights.

In 2009, the U.S. Department of Interior’s Office of Inspector General released a report calling on the bureau to do a study on “which auction process is best suited for oil and gas leases” in order to prevent the next Tim DeChristopher, whose action landed an explicit mention in the report’s introduction. An email exchange from the day before the Lakewood Holiday Inn action shows both a Lakewood police officer and BLM officer on high alert about the possibility of another DeChristopher-type action taking place. Among the choices laid out in the report as a possible new bidding method was online bidding.

Just days after the Lakewood protest, Kathleen Sgamma — a lobbyist for industry-funded group Western Energy Alliance — advocated for online bidding as a means to “end the circus.” In a May 18 email, BLM Office of Law Enforcement Special Agent-in-Charge Gary Mannino thanked Lakewood Police Chief Kevin Paletta for his department’s help and conveyed that public auctions could soon become a thing of the past.

Congress has followed suit. On June 24, Rep. Alan Lowenthal, D-Calif., and Rep. Garret Graves, R-La., introduced Innovation in Offshore Leasing Act (H.R. 5577), which calls for online bidding for oil and gas contained in waters controlled by the federal government. On July 6, the U.S. House Subcommittee on Energy and Mineral Resources held a hearing on the bill and it has since passed out of the House Natural Resources Committee.

While the oil and gas industry has come out in support of online bidding, and one contractor in particular named EnergyNet stands to profit from such an arrangement, several environmental groups issued a statement decrying the shift toward online bidding. EnergyNet, whose CEO testified at the June 24 congressional hearing, will oversee a September 20 BLM auction originally scheduled to unfold in Washington, D.C.

Two recently-released studies concluded that phasing out fossil fuel leases on public lands is crucial for meeting the 2° C climate change temperature-rise goal, with one concluding that even burning the existing fossil fuels already leased on public lands would surpass the 2° C goal. After the release of those two studies, environmental groups filed a legal petition with the Interior Department calling for a moratorium on federal fossil fuels leases.

Northern Nicaragua Coast Crisis

By  / Intercontinental Cry

There is a crisis erupting in Nicaragua’s North Caribbean Autonomous Region that spans across all social and economic boundaries, affecting everything from human rights to ecosystem preservation to climate change. The Indigenous Miskitu and Mayagna Peoples, whose traditional cultural practices are inseparably linked to the environment and who exist at the forefront of imminent climate shifts capable of displacing entire communities, are under attack. The situation is one that world doesn’t  yet know about. It is incumbent upon all of us to change that–to do what we can to empower the Native Peoples of Nicaragua, and stop the destruction.

Settlers are attacking Indigenous communities with automatic firearms, killing, plundering and forcing residents to flee their ancestral lands. Foreign companies have entered the territory illegally and are burning  the region’s precious stronghold of biodiversity and natural resources at an alarmingly rapid rate.

Disturbing reports continually come to light of dozens of killings and kidnappings, particularly of Miskitu Indigenous men and women. Thousands of Indigenous refugees have been forced to flee their communities to the relative safety of more urban areas. With no support services intact to deal with the influx of refugees in the already strained resources of the urban regions, those fleeing the violence continue to suffer a lack of food and lack of medical attention upon arrival. The murderous ‘colonos’ operate with complete impunity. As a result, the attacks continue unrestrained by Nicaraguan law enforcement, contributing to a climate of escalation. There is a real and valid concern regarding the virtual media blackout, in both local and international spheres, where little to no reporting focuses on the critical situation unfolding.

Inhabitants of the Atlantic Coast, or Costeños as they are collectively known to the rest of Nicaragua, represent a unique diversity of ethnic groups including Indigenous Miskitu, Mayagna, and Rama, Garífuna (descended from African slaves and Carib Indians),  English-speaking Creoles (descendants of African slaves), and Mestizos (mixed race Latin Americans descended from European colonizers and Native peoples).

The region was deeply impacted – scarred even –  by the revolutionary war of the 1980’s, when US-backed counter-revolutionaries mounted attacks against the Sandinistas from military bases in Honduras, just across the Coco (Wangki) River.

In 1987, with the war raging, the Autonomy Statute for the Atlantic Coast was enacted and amended to the Nicaraguan Constitution. The new law recognized the multi-ethnic nature of the communities of the Atlantic coast; and in particular, noted Indigenous peoples’ rights to identity, culture and language. The new Autonomous Regions were divided between the North and the South.

In 2003 the Nicaraguan National Assembly finally passed the Communal Property Regime Law 445 and the Demarcation Law to address Indigenous concerns regarding land demarcation and natural resources after much pressure from international institutions.

Indigenous people have legal ownership to significant portions of their ancestral lands as assured by Nicaraguan law, in addition to the Indigenous and Tribal Peoples Convention 169 ratified by Nicaragua in 2010 and the United Nations Declaration on the Rights of Indigenous People. Yet realities have differed from legalities. Although the Autonomy Agreement recognized collective land holdings, Indigenous people did not actually hold the legal title to their lands for a long time. In recent years, while Indigenous people have been waiting for formal title to be issued to their lands, false titles have been issued in Managua or elsewhere, selling land illegally to settlers from outside the region.  It is a sad reality that although Law 445 calls for the removal of illegal settlers from Indigenous lands, it is increasingly undeniable that the exact opposite has taken place.

Violent conflicts over Indigenous land rights have been increasingly erupting in the remote areas of the Northern Caribbean Autonomous Region.  Since September 2015, the Miskitu settlements of Wangki, Twi-Tasba Raya, and Li Aubra, have come under especially heavy attack. Reports indicate as many as 80 Miskitu men have been killed or kidnapped from these regions alone; while as many as 2,000 refugees fled their homes and communities in fear for their very lives. These particular villages have been hit especially hard by the violent conflict and, despite pleas for help at municipal and national levels, have received no measure of  protection or even investigation, much less prosecution.

Transnational lumber companies siphoning profits from the region’s natural resources have been operating out of nearby Honduras. They are carrying out sophisticated lumbering operations utilizing helicopters and cargo boats to facilitate the rapid export of extracted wood. Nicaragua  is home to the Bosawas Biosphere Reserve, one of the largest tropical rainforests in the Americas, second only to the Amazon. The world can no longer stand by while this stronghold of biodiversity and climate-stabilizing carbon-mitigating forest is sacrificed to next quarter’s profits.

Pleas for help have seemed to fall on deaf ears in the capital city of Managua. The Nicaraguan government has not officially acknowledged any of the most recent and most egregious killings, illegal land occupation or deforestation issues. The socialist central government has not offered any plan for addressing this escalating humanitarian crisis, for providing any gestures of protection to the Indigenous communities under attack nor assistance to the refugees. Many Indigenous to the region cannot help but suspect that human rights violations and land rights violations may be happening with the silent consent of the central Nicaraguan government.

While much attention has been given to the Nicaraguan government’s sale of a concession to a Chinese investment firm for an ill-conceived canal to run through the Southern Caribbean Autonomous Region, virtually no media attention has focused on the current urgent crisis in the Northern Region.

Thousands of illegal settlers have clear cut precious rainforest – indifferent to immediate or long term impacts – and have begun to establish cattle ranches and lumber operations that are completely inappropriate to the ecology of the region. The environmental impact mirrors the destructive patterns playing out in the Amazon Basin.

The Bosawas Biosphere Reserve is located in the North Caribbean Autonomous Region in an area historically occupied by Indigenous Mayagna and Miskitu people.  The reserve has been designated a UNESCO World Heritage site due to its unique ecological and biocultural significance. The negative impacts on this vulnerable area in particular have consequences not only for Nicaragua, but also for the whole planet. Tropical rainforests hold 50 percent more carbon than trees elsewhere. To this end, deforestation of tropical forests actually causes much more carbon to be released. The problems associated with illegal human migration to the region and its effect on the natural ecology and rates of deforestation are grave, with worldwide ecological consequences.

Although there are differences among settler groups, what they have in common is an environmentally destructive cultural mentality. It is not a coincidence that the settler groups who have inflicted the worst environmental destruction have simultaneously inflicted the worst violence against Indigenous Miskitu and Mayagna.

The critical cultural differences between the Native populations and the non-Indigenous settlers can result in vastly different outcomes for the natural environment. These key cultural differences include: property regimes, expansion patterns, agricultural practices and long-term economic strategies. Indigenous communities hold land in common, meaning that they have collective ownership of their territories. Mestizo settlers, on the other hand, exercise a private property model and parcel out land that they have settled and/or seized.

Significant differences in the use and care of livestock can have a major environmental impacts. On average, only 10 percent of Indigenous families have cattle, whereas mestizo settlers average one cow per family. The low cattle count among Indigenous families, along with their nucleated communities, means that cattle are kept within the limits of the village, along with other livestock like pigs. The Indigenous people of the region contain their animals within the perimeter of their communities, whereas crops are planted in wooded areas up to a two-hour radius from community centers.

When mestizo settlers move into the region they re-shape and redistribute the land with the driving purpose of raising cattle and in anticipation of obtaining even more cattle in the future. After clear-cutting invaluable rainforest land, they immediately begin sowing grass seed and other crops. Within one season, their crop fields are converted into more pasture land. Indigenous farmers, on the other hand, will cut back specific plots of rainforest but will only use these plots for a year or two. They then allow them to grow back and move on to another area to develop communal plots. This traditional Indigenous practice of land management allows the rain forest to regenerate and recover —  a sustainable method the Indigenous biostewards of the region have practiced for thousands of years.

On the other hand, mestizo settlers often cause irreversible damage to the rainforest. Settler occupations seem bent on developing as much pasture as possible. If they have the economic means, they raise more cattle and continually increase the herd size. If they do not have the means for raising cattle, they sell this land to settlers who do have cattle. This is the way in which mestizo settlers illegally appropriate traditional Indigenous territory and cash in on the destructive practices they inflict on it soon after. This type of land speculation and ‘economic development’ is almost nonexistent among Indigenous groups, and many view it as a direct challenge to their inherent values. Ironically, many mestizos use this conservative approach to concoct a false narrative that Indigenous people are lazy and undeserving of their vast quantities of land.

Even with growing populations, indigenous communities have a relatively low environmental impact compared to their mestizo non-Indigenous counterparts. The differences in environmental impact and lifestyles between Indigenous and mestizo communities put land tenure and environmental conservation in perspective.

Significant progress towards honoring Indigenous land rights must be a crucial component in the creation of a multi-stakeholder enforced strategy to protect the environmental integrity of the Autonomous Region of Northern Caribbean. It becomes especially critical when considering the overarching role tropical rainforests play in regulating the Earth’s climate.

The two factors of tropical deforestation and human-induced global warming are inextricably connected. There is a definite consensus in the scientific community that deforestation is one of the innate causes behind global warming. According to the Food and Agricultural Organization of the United Nations, “… Between 25 to 30 percent of the greenhouse gases released into the atmosphere each year —1.6 billion tons — are caused by deforestation.” Contributing to deforestation is by definition contributing to global warming.

It’s important to really drive home the compounding effects of the destruction of tropical rainforest: is it is even more damaging to the environment than destruction of other types of forest because of the unique ecology of rainforests. Compared to boreal forests, which are much more expansive, each square hectare of tropical rainforest holds nearly 50 percent more carbon.

The carbon within tropical rainforests is split pretty evenly between soils and flora. When tropical rainforests are clear-cut,massive amounts of carbon are released. Warmer temperatures cause soil to more rapidly decompose.

Tropical forests sequester more carbon because they grow year round and faster than other forest types. When protected and preserved, tropical rainforests are able to actually take in more carbon than they release into the atmosphere, critically reducing the adverse effects of  fossil fuel emissions. To put things in clear perspective, tropical rainforests produce 20 percent of the world’s oxygen and 30 percent of the world’s freshwater.

When tropical forestland is transformed into pasture and overused, it leads to a steady cycle of desertification. Rainforests hold together the soil and ensure that it is saturated with rich nutrients. Over time, cattle grazing on pasture land created by clear-cutting forest will quantifiably weaken the soil. Monsoon seasons that are prevalent in Eastern Nicaragua steadily wash away any topsoil that no longer has forests holding it together or nourishing it. Without trees this lower-level soil cannot adequately absorb water. This further leaves areas more susceptible to flooding and landslides. Manure, fertilizer and pesticide runoff are contaminating and acidifying nearby waterways, killing off flora and fauna that are critical to the integrity of intact forests. During the summer months, this lower-level soil bakes and cracks, slowly developing into desert.

Lest it seem the many and crucial challenges facing the Indigenous people of Nicaragua are insurmountable in the face of such great adversity, Native Miskitu and Mayagna continue to defy the odds and act as trailblazers. Their actions set a prime example of what can be accomplished, even with minimal resources.

Although many of the Native people of Nicaragua are not familiar with the Pan-Indigenous American movement known as Idle No More, their actions are living embodiments of the mantra. They have consistently and repeatedly sought assistance and protection from local and national authorities, yet their pleas for help have fallen on deaf ears. No meaningful action has been taken by any government authority. The problem of Indigenous land rights violations and removal of the settlers has been presented to the OAS (Organization of American States) and the IACHR (Inter-American Court of Human Rights). The issue has even been formally raised at the United Nations Permanent Forums on Indigenous peoples.

NGOs played a supportive role in pressuring the Nicaraguan government to institute necessary jurisprudence in protecting environment and Indigenous land rights; the problem is that the laws are not being respected or enforced. The government continues to ignore the laws both at the national and local level. Mounting anecdotal evidence points to the possibility of corrupt officials contributing to the problem, at virtually every level of government. Through their inexcusable silence and inaction in the face of the escalating crisis, government at all levels is complicit at least in actively undermining Indigenous Peoples’ rights to their legal territories.

This is an ongoing crisis in the Autonomous Region of Northern Caribbean Nicaragua. The Indigenous cultures of the region are inseparably linked to the natural environment. The legal protections for Native people and the rain forest are being flagrantly violated by increasingly violent mestizo colonists (‘colonos’). Government at all levels has proven ineffectual in the face of the crisis. There has been no media coverage of this crisis, the escalation of violence, or the plight of refugees fleeing the areas of conflict.

It’s also important for us to help stop the destruction of the tropical rainforest, which is critically important to all of us. Government inaction in the face of mounting numbers of refugees and killings is morally corrupt and warrants international outcry.

The Indigenous Miskitu and Mayagna are not passive victims, but they are facing a tremendous challenge to address a problem of this magnitude. They are in desperate need of assistance to overcome this crisis.

 

5 WAYS YOU CAN HELP

 

  • It is very important for international media outlets to focus on what is happening in this remote region. Spreading the word through social media will be key to applying international pressure to help the refugees and stop the killing of both the Indigenous people and the rainforest.
  • There is an equal need for conventional media coverage.  To that end, you can reach out to your favorite news outlet and encourage them to take on the story
  • Costa Rica, Mexico, and the U.S. government have issued travel bans to Nicaragua, nevertheless, there is a growing need for humanitarian aid and witnesses to document what’s happening on the ground.
  • If you want to support the Miskitu and Mayagna from home, consider organizing a community event or any kind of online action to make sure the world knows what’s happening.
  • You can also ask the Ortega government to do the right thing, by working with the Miskitu and Mayagna to secure their ancestral territory, addressing the ongoing land theft and responding to the brutal attacks that are being carried out at the hands of the Colonos.

Burns Paiute Make First Visit After Armed Takeover of Malheur Refuge

On Monday, February 29, nearly two months after armed militants took over the Malheur National Wildlife Refuge, the Burns Paiute Tribe was finally allowed to visit it. The refuge is their ancient wintering grounds and filled with culturally-sensitive sites and even burial grounds of their ancestors. On Thursday, 14 more militia members were arrested, including two more members of the Bundy family who led the armed standoffs in Oregon and Nevada against federal authorities.

“I’m glad they cleaned up all those urinals they made,” Burns Paiute tribal councilman Jarvis Kennedy told ICTMN. “They went in with Hazmat suits on and got all of that out of there and covered it up. When I first saw it kind of made me mad. That’s our burial ground area.”

RELATED: ‘It’s So Disgusting’ Malheur Militia Dug Latrine Trenches Among Sacred Artifacts

The 178,000-acre refuge was once part of the Malheur Indian Reservation that was the homeland of Northern Paiute tribes like Wadatika, the name Burns Paiute people called themselves after small seeds they harvested along Malheur and Harney Lakes.

Kennedy said he couldn’t get into specific details as to how the federal authorities are going to proceed with cleanup. The painful process will proceed to remove a road the occupiers constructed, as well as three different trenches they dug where they dumped trash and human feces. The FBI had reported last month that one of these trenches was close to culturally-sensitive sites on the refuge. The tribe received a plan from the archaeologist for assessment of damage and loss of cultural artifacts and sites.

“I think they got a case against them,” Kennedy told ICTMN. “[The militants] were dumb enough to make a video of themselves making the road and digging. They also left fingerprints on the controls of the heavy equipment they operated.”

On Wednesday, the Burns Paiute Tribal council met with Bureau of Indian Affairs regional director, Stanley Speaks in Portland. He assured them that the BIA would offer assistance for expenses the tribe had incurred for extra law enforcement patrols and for the aftermath. The tribe provided full 24-hour police coverage for their community during the 41-day occupation of the refuge.

“The Chief of Police of Warm Springs Reservation sent us two officers to help us, then two more,” Kennedy explained. “They were each on a five-day shift.”

While in Portland, the tribal leaders also met with the U.S. Attorney General Loretta Lynch who thanked the tribe for all their support during the occupation. She also thanked the people of Burns and Harney County “who had to endure an occupation of their town.”

Tribal members and townspeople faced harassment and threats from the armed occupiers who invaded their community. Native men were a particular target in town. Tribal leaders, local law enforcement and Fish and Wildlife employees all reported out-of-state vehicles driving slowly by their homes at night and had their families threatened. Fish and Wildlife staff were all sent away during the occupation for their safety and have only just returned.

Kennedy says there is still a lot of animosity, especially from businesses in the town of Burns that were backing the occupation. The local Verizon franchise owner had her truck plastered with stickers supporting the militants. She took the stickers off after the Verizon corporate office demanded she do so, but tribal members are still boycotting her business.

Another local business owner, an optometrist, who was an outspoken supporter of Bundy and his followers has also lost tribal business. The tribe is “hurting them in the wallet,” Kennedy says.

However, the occupation also brought out their supporters in the community and the tribe discovered they had many allies they could count on when it really mattered.

“It’s good to have allies on our side,” says Kennedy. “We have to work with the town. We are a sovereign nation and we believe in having a good neighbor policy.”

On Thursday, the FBI arrested 14 more militants, including two more Bundy brothers, who join their father Cliven Bundy and brothers Ammon and Ryan Bundy in jail. Also arrested was Jerry DeLemus, a co-chair of New Hampshire’s committee to elect Trump, the Republican presidential frontrunner.

All 14 were charged with armed assault against federal law enforcement officers during the 2014 standoff in Nevada when an armed group of supporters of Cliven Bundy successfully forced the Bureau of Land Management to stop removal of Cliven’s cattle from federal land. The rancher had over copy million in unpaid grazing fees to the federal government.

Also on Thursday, Ammon Bundy the leader of the takeover at Malheur, released a video from jail in Portland, Oregon. He says he’s not ashamed and doesn’t regret what he did because he knew “it was right.”

Since his arrest, Ammon has tried to recast the armed occupation as an act of free speech and played down the guns he and his followers brandished. In interviews and on social media the militants claimed they were willing to die to return federal land to “the original owners”—ranchers, miners and loggers. In his recent video, he termed the 41-day takeover “a demonstration.” Malheur and the BLM grazing land the Bundys use in Nevada are both unceded territories belonging to the Paiute and Shoshone peoples.

“They are in jail,” Councilman Kennedy said about Ammon and his followers, “It’s like we said at our first press conference when this all started. We were here first before they came here and we are going to be here after they are all gone. They are all gone and we now have to deal with that mess.”

Meanwhile back at the refuge, tundra and trumpeter swans, northern pintails, red-winged blackbirds, and sandhill cranes have all been seen. Over 320 species call the refuge home either for short stopovers as they head north or for nesting. Friends of Malheur National Wildlife Refuge Facebook page shared a photo of arriving swans saying, “Normalcy rests on the wings of these birds and is exactly what those of us who live here and everyone that has made Malheur a part of their lives have needed.”

Update from the Field: Choices Based on Lies Are Not Choices

Update from the Field: Choices Based on Lies Are Not Choices

By Stephany Seay / Buffalo Field Campaign

Featured image: A young bull buffalo walks the hills in the Gardiner Basin. Photo by Stephany Seay

Based on what we witness in the field everyday, the killing taking place near Gardiner could more accurately be described as a slaughter than a hunt. The tribal game wardens we have spoken with agree, and they recognize that Montana’s livestock interests have organized the circumstances to shift blame away from themselves to the tribes. There is obviously something terribly wrong when every last buffalo to migrate through Beattie Gulch ends up dead, or when hunters feel so desperate to kill every buffalo they see. Whether or not tribal hunters view their hunts as supporting the larger management scheme, the Interagency Bison Management Plan (IBMP) government agencies and affiliated tribal entities certainly do. There is no moral or scientific justification to the idea, perpetuated by the management agencies, of “surplus buffalo” and safeguards allowing buffalo safe passage between Yellowstone and Montana are sorely needed.

We have never and will never stand against treaty rights, but we maintain a steadfast opposition to the current management that uses hunting as a means to eradicate the buffalo. As currently practiced, the hunt is an extermination plan set up by livestock interests to ensure that buffalo never reclaim the lands that are their ancestral home and birthright. It is fundamentally wrong and immoral for hunters to be led to believe that if they don’t kill the buffalo in this way, that they will just be slaughtered anyway.

This little buffalo calf was shot in the leg by hunters at Beattie Gulch. He survived and somehow managed to run off, escaping through nearby private land; but his leg was shattered. A Montana game warden shot him to end his suffering, then with assistance from a Montana Department of Livestock stock inspector and U.S. Forest Service law enforcement officer, he was hauled out from his resting place along the Yellowstone river. As if to reward this unethical hunting behavior, the agents ended up giving him to the hunter who wounded him. Photos by Stephany Seay and Deleana Baker, respectively, Buffalo Field Campaign. 

This little buffalo calf was shot in the leg by hunters at Beattie Gulch. He survived and somehow managed to run off, escaping through nearby private land; but his leg was shattered. A Montana game warden shot him to end his suffering, then with assistance from a Montana Department of Livestock stock inspector and U.S. Forest Service law enforcement officer, he was hauled out from his resting place along the Yellowstone river. As if to reward this unethical hunting behavior, the agents ended up giving him to the hunter who wounded him. Photos by Stephany Seay (above) and Deleana Baker (below), Buffalo Field Campaign.

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So long as buffalo die, the livestock industry and the governments don’t care who does the killing or how. Contrast this to the tens of thousands of elk in the region who have been implicated in the transmission of brucellosis, and yet no one is claiming that there are “surplus” elk and no one is targeting them for transmitting disease to cattle. The welfare ranchers don’t want to lose their foothold on control of the grass, so the buffalo, whom they view as competitors, must die. Hunters are in fact serving livestock interests no matter an individual hunter’s intentions.

The buffalo death toll is quickly rising. More than fifty of the country’s last wild buffalo have been killed by hunters since we last wrote. Mid-week, over five-hundred buffalo migrated into Montana, nearly all at once, through Beattie Gulch at Yellowstone’s north boundary. Being in the midst of this ancient phenomenon is at once one of the most beautiful and most heartbreaking experiences. The migration of hundreds of buffalo is such a beautiful sight, a flow that has purpose and integrity, so simple in its power, timeless and perfect, seemingly unstoppable; but this ancient march is also heartbreaking because it leads so many buffalo straight to their deaths.

As we expected, word of this migration spread quickly, and hunters arrived en masse that night, the following day, and through the weekend. We expected a massacre, but through the course of days, the majority of the buffalo threatened to cross various lines, edging towards areas where they could be hunted, only to retreat in the nick of time. Frustrated hunters were driving all over the Basin, even through the Park, following us, glaring at us, wanting to blame us, looking for buffalo that they could kill, but finding few. Those few were gunned down rapidly at the Park boundary, in acts of haste and desperation. Many have been shot and wounded, fleeing into Yellowstone where hunters cannot pursue them, left to die slowly or walk forever with bullets in their flesh.

By Sunday, frustrated and determined to get their buffalo meat, hunters in pick-ups and on foot crowded around the park boundary, watching a family group of about thirty buffalo slowly make their way towards Beattie Gulch. The firefight that ensued that morning ended life for twenty-eight of those buffalo; the eight survivors, two of them shot and wounded, fled up the mountain and away with their lives.

Images from the slaughter at Beattie Gulch, described above. Photos by Deleana Baker, Buffalo Field Campaign.

Images from the slaughter at Beattie Gulch, described above. Photos by Deleana Baker, Buffalo Field Campaign.

Make no mistake: BFC fully supports treaty rights and tribal sovereignty, yet our first priority is to the buffalo. What is taking place here is an extermination plan, and hunters are being used. We have to work in solidarity to demonstrate this, to end livestock control, and to get the buffalo — through migration — back on the landscape, in great numbers so that the proper, respectful relationships can be restored. Buffalo will take care of the people, but the people need to take care of them first. They need our help.

This whole Plan — which treaty hunting is certainly a part of from the government’s viewpoint, and all the discussions and decisions that happen within the IBMP — is in place to harm the buffalo and to keep them from restoring themselves across the landscape. We need to put our collective energy into fighting the IBMP and the law that places the Montana Department of Livestock in charge of buffalo in Montana. We must acknowledge that wild buffalo are ecologically extinct, and the IBMP is using hunting as well as slaughter and hazing to facilitate their destruction, to prevent their restoration.

Catcher Cuts the Rope, Gros Ventre (A'aninin), looks into the formidable enclosure where quarantined Yellowstone buffalo now reside on the Ft. Belknap Indian Reservation. Photo by Stephany Seay, Buffalo Field Campaign.

Catcher Cuts the Rope, Gros Ventre (A’aninin), looks into the formidable enclosure where quarantined Yellowstone buffalo now reside on the Ft. Belknap Indian Reservation. Photo by Stephany Seay, Buffalo Field Campaign.

The same can be said of quarantine, which is a management tool for livestock, not wildlife. Again, livestock interests present “choices”: dead buffalo or buffalo behind fences. Yellowstone National Park is aiming to develop a fifty-year plan for operational quarantine, making the process of domesticating wild, migratory buffalo an entrenched aspect of bison management. To be free or caged in is not an option in the wild world, it is a human option. Quarantine is something to satisfy the human; an easy way out, a toxic mimic of true wildlife restoration.  It is a means to control what should be free. Quarantine is also part of the brucellosis lie, the premise being that bison pose a brucellosis threat, which we know to be untrue. Should elk be quarantined also? Elk have brucellosis but roam free.

The quarantine process begins with buffalo families being torn apart, adults shipped to slaughter, calves orphaned and raised in domestication. Then, those who survive the human-handling and testing of the quarantine process will live behind fences for the rest of their lives. We have seen the buffalo who suffered “living” in quarantine; they were not happy, they looked to get out of those pens. They were humiliated and afraid. Many of them have died horrible deaths because they could not escape their enclosures. Quarantine is part of the culture of death, this “civilized” system that systematically destroys life on the planet. Quarantine asks us to accept an “easy fix” that will give the human ego gratification.

Migration is free and alive; it is having the ability to make choices, being self-willed. Buffalo behind fences to be food for humans is a view that reduces them to meat. They have strong relationships with more than humans. The compromise should be in standing aside and respecting how a creature places one foot in front of the other — and we fight those things that get in the way of that. Quarantine removes the buffalo from their natural community, from life and their gift to life. Who is asking the buffalo’s perspective, asking them what they want? The buffalo will tell you that migration is they key to restoration. They know the way.

So many feel stuck in the “choices” that the government and industry have put before us.  People believe that they are doing the buffalo a “favor” by hunting them, or by supporting quarantine, because otherwise they would be captured and shipped to slaughter. They are shipped to slaughter anyway. Having to pick hunt, quarantine, or slaughter is being forced to make artificial and unnecessary choices. So long as this Plan is in place, so long as Montana is in control, so long as wild buffalo numbers are driven down to serve livestock industry politics, and so long as wild buffalo are prevented from restoring themselves on the landscape, the problems will persist. We must fight this Plan and livestock control in all it’s guises. We must demand an end to livestock control, demand that wild buffalo walk the earth, demand an end to this management scheme.

One industry’s intolerance is driving a national treasure towards the brink of extinction. We must put an end to livestock industry control over wild buffalo, and to do so we must repeal the law — MCA 81-2-120 — that places them in charge. As evidenced by his decision to grant year-round habitat on Horse Butte, Montana Governor Steve Bullock is listening, but the livestock industry is trying to undermine his citizen-supported decision. He must hear from us all, frequently. Please contact Governor Bullock today, even if you have already, thank him for granting year-round habitat on Horse Butte and urge him to help repeal MCA 81-2-120. With endless pressure, endlessly applied, we can end livestock industry control and gain more of the buffalo’s Montana home for them to roam.

Thank you so very much for being with us for wild buffalo!

Police Intimidation: From Dalton Trumbo to Deep Green Resistance

Police Intimidation: From Dalton Trumbo to Deep Green Resistance

By Mark Hand / CounterPunch

Federal Bureau of Investigation and Department of Homeland Security agents have contacted more than a dozen members of Deep Green Resistance (DGR), a radical environmental group, including one of its leaders, Lierre Keith, who said she has been the subject of two visits from the FBI at her home.

The FBI’s most recent contact with a DGR member occurred Jan. 8 when two FBI agents visited Rachael “Renzy” Neffshade at her home in Pittsburgh, PA. The FBI agents began the visit by asking her questions about a letter she had sent several months earlier to Marius Mason, an environmental activist who was sentenced in 2009 to almost 22 years in prison for arson and property damage.

Neffshade told CounterPunch she refused to answer any questions from the FBI agents. Based on the line of inquiry, Neffshade concluded the FBI agents were not necessarily looking into gathering further information about Mason. “It seemed like they were pursuing an investigation into me, but who knows? I didn’t answer any of their questions,” she said. “It’s important to remain silent to law enforcement as an activist. It is a vital part of security culture.”

DGR, formed about four years ago, requires its members to adhere to what the group calls a “security culture” in order to reduce the amount of paranoia and fear that often comes with radical activism. On its website, DGR explains why it is important not to talk to police agents: “It doesn’t matter whether you are guilty or innocent. It doesn’t matter how smart you are. Never talk to police officers, FBI agents, Homeland Security, etc. It doesn’t matter if you believe you are telling police officers what they already know. It doesn’t matter if you just chit chat with police officers. Any talking to police officers, FBI agents, etc. will almost certainly harm you or others.”

Keith, along with Derrick Jensen and Aric McBay, co-authored a book published in 2011, Deep Green Resistance, on which the DGR group is largely based. DGR describes itself as an “aboveground organization that uses direct action in the fight to save our planet.” On its website, DGR states there is a need for a separate “underground that can target the strategic infrastructure of industrialization.”

In the “Deep Green Resistance” book, the authors ask, “What if there was a serious aboveground resistance movement combined with a small group of underground networks working in tandem?”

“[T]he undergrounders would engage in limited attacks on infrastructure (often in tandem with aboveground struggles), especially energy infrastructure, to try to reduce fossil fuel consumption and overall industrial activity,” the authors write in the book. “The overall thrust of this plan would be to use selective attacks to accelerate collapse in a deliberate way, like shoving a rickety building.”

In speeches and writings, Jensen, a co-leader of DGR, often ponders this question: “Every morning when I wake up I ask myself whether I should write or blow up a dam.” He also has argued about the necessity of using any means necessary “to stop this culture from killing the planet.” Jensen said he has not been questioned by the FBI about his involvement with DGR. He is also unaware of any DGR members who have been arrested for their work with the group.

In late 2014 and early 2015, the FBI contacted about a dozen DGR members either by telephone or through in-person visits. Max Wilbert, a professional photographer and one of the founding members of DGR, said the FBI contacted him on his cell phone during this period. “I immediately said that I wasn’t going to answer any questions and hung up the phone,” Wilbert told CounterPunch. “This is the best way to deal with this sort of government repression. As soon as they know that you will answer questions, they will keep coming after you.” If activists refuse to answer questions, the FBI or other police agencies are more likely to leave the person alone, he said.

In September 2015, Wilbert was among a group of DGR members detained at the U.S.-Canada border as they were on their way to attend a speech by author Chris Hedges in Vancouver, British Columbia. The group was eventually denied entry into Canada.

Wilbert said the Canadian border guards seemed to be searching for a reason to deny the DGR members entry. After focusing on some women’s self-defense gear in the car (some people in the vehicle were planning to offer a free class on self-defense in British Columbia), the border guards’ questions started turning to each person’s activism.

Making sure he was honest with the officers, Wilbert told the Canadian border guards that he had volunteered to take photographs of Hedges’ scheduled speech. “They said that they suspected I was entering the country to work illegally,” he said.

After getting turned back by the Canadian guards, the vehicle’s occupants faced additional scrutiny by U.S. border agents. At the U.S. border, the questions became much more political in nature. The U.S. guards asked Wilbert and his colleagues about the groups they belonged to and the ideas that these groups promoted. “Officers from the Canadian side even came over and spoke with the U.S. officers about us,” he said.

U.S. border guards confiscated Wilbert’s laptop computer. “Under U.S. law, they can legally copy your entire hard drive and keep the contents for something like 30 days,” he said. After a few hours, the border guards returned the computer. But Wilbert chose to get rid of the laptop after the search because he was concerned the government agents had tampered with it.

The Department of Homeland Security also has demonstrated an interest in the environmental group. DGR member Deanna Meyer, who lives in Colorado, was asked by a DHS agent during a visit to her home if she would be interested in “forming a liaison,” according to a July 6, 2015, article in Earth Island Journal. The agent reportedly told Meyer he wanted to “head off any injuries or killing of people that could happen by people you know.” Meyer refused to cooperate with the DHS agent.

Wilbert views the federal police agencies’ ongoing actions against DGR members as harassment and intimidation. “It makes a mockery of free speech and democracy. We may advocate for radical and revolutionary ideas, but our work is legal. We are nonviolent. We are peaceful people,” he said.

The federal government’s treatment of DGR members is similar in some ways to how political activists were treated during the Red Scare era of the 1950s, contended Wilbert.  A relative of blacklisted Hollywood screenwriter Dalton Trumbo is a member of DGR and a friend of Wilbert’s.  Her childhood was marked by government surveillance, blacklisting and intimidation, he said. Pointing to Dalton Trumbo and other victims of the McCarthyite period, Wilbert emphasized these tactics are not new.

“This government uses intimidation and violence because these tactics are brutally effective. For me and the people I work with, we expect pushback,” Wilbert said. “That doesn’t make it easy, but in a way, this sort of attention validates the fact that our strategy represents a real threat to the system of power in this country. They’re scared of us because we have a plan to hit them where it hurts.”

The police scrutiny of DGR members is continuing at the same time local and federal police agencies maintain a hands-off approach to the takeover of a federal government installation in eastern Oregon by an armed right-wing militia. Some of the militia members claim they would be willing to kill if police attempted to end their occupation of the federal wildlife refuge.

If environmental activists staged an armed occupation of a coal-fired power plant, coal export terminal, or hydroelectric facility in the Western United States, they would be subject to an intense and immediate response by police agencies, Wilbert said. “The federal government doesn’t really give a damn, by and large, about what happens in the open West, at least when it’s wealthy white people doing the occupying,” he said. “But any occupation that actually threatened their power would see swift retribution. That is one of the main jobs of the police: to protect the rich and business interests against the people.”

DGR has learned that the “Deep Green Resistance” book is part of the FBI’s library at the agency’s offices in Quantico, Va. “They’re definitely aware of us. We have filed a Freedom of Information Act request to find out what kind of information the FBI is gathering,” Wilbert said. “But those requests were denied because they involve active investigations.”

When FBI agents visited her home in Pittsburgh, Neffshade said she felt fear during the questioning. She tried to remain calm. “I felt pressure to respond to their questions because, hey, I’ve been taught that it’s rude to just stand in silence when someone is speaking to you,” she explained. “I maintained silence long enough to gather my thoughts about which phrases are appropriate to say to law enforcement. After they left, I felt shaky and had to fight off feelings of paranoia.”

Before they left, the FBI agents handed Neffshade a business card and said, “If you change your mind, here is contact information.” Neffshades immediately contacted members of DGR to let them know the FBI had showed up on her doorstep.

While the FBI visit will make her more careful about what she writes in letters to prisoners, Neffshade said she has no plans to retreat from her involvement with DGR.

Mark Hand has reported on the energy industry for more than 25 years. He can be found on Twitter @MarkFHand.