Editor’s note: The FPIC (Free, prior and informed consent) and UNDRIP (UN Declaration of the Rights of Indigenous Peoples) are international standards, that some companies have adopted into their policies. The FPIC is an international human rights principle that protect peoples’ rights to self-determination. UNDRIP delineates and defines the individual and collective rights of indigenous peoples. Both of these are important principles that improve the sovereignty of indigenous peoples. However, neither of these are legally binding, which has disastrous outcomes.
Companies and countries alike are bypassing these principles in favor of profitable ventures, most recent of which are clean energy projects.
Right now, companies that advance the “clean” energy transition are threatening the land and the livelihoods of indigenous peoples and peasants. Demand for minerals like copper and lithium is skyrocketing, as every economic sector is being transitioned towards the fourth industrial revolution. But indigenous peoples need to have their right to a say in decisions affecting to their land. Ecosystems and people living with the land are being victimized to serve an economy that is desperately trying to save itself from collapsing.
When Francisco Calí Tzay, the United Nations special rapporteur on the rights of Indigenous peoples, spoke at the 22nd United Nations Permanent Forum on Indigenous Issues, or UNPFII, last week, he listed clean energy projects as some of the most concerning threats to their rights.
“I constantly receive information that Indigenous Peoples fear a new wave of green investments without recognition of their land tenure, management, and knowledge,” said Calí Tzay.
His statements — and those made by other delegates — at what is the world’s largest gathering of Indigenous peoples, made clear that without the free, prior, and informed consent of Indigenous people, these “green” projects have the capacity to seriously impede on Indigenous rights.
Free, prior and informed consent — known as FPIC — has always been an important topic at the UNPFII, but this year it’s taken on a renewed urgency.
Mining projects and carbon offsets put pressure on indigenous groups
“The strong push is because more and more of climate action and targets for sustainable development are impacting us,” said Joan Carling, executive director of Indigenous Peoples Rights International, an Indigenous nonprofit that works to protect Indigenous peoples’ rights worldwide.
Protest against Thacker Pass lithium mine. Image courtesy Max Wilbert
Indigenous peoples around the world are experiencing the compounding pressures of clean energy mining projects, carbon offsets, new protected areas and large infrastructure projects on their lands as part of economic recovery efforts in the wake of Covid-19, according to The International Work Group for Indigenous Affairs 2023 report.
Green colonialism threatens ecosystems
As states around the world trend towards transitioning to “clean” energy to meet their national and international climate goals, the demand for minerals like lithium, copper, and nickel needed for batteries that power the energy revolution are projected to skyrocket. The demand could swell fourfold by 2040, and by conservative estimates could pull in $1.7 trillion in mining investments.
Although Indigenous delegates say they support “clean” energy projects, one of the issues is their land rights: more than half of the projects extracting these minerals currently are on or near lands where Indigenous peoples or peasants live, according to an analysis published in Nature.
This can lead to their eviction from territories, loss of livelihoods, or the deforestation and degradation of surrounding ecosystems.
“And yet […] we are not part of the discussion,” said Carling. “That’s why I call it green colonialism — the [energy] transition without the respect of Indigenous rights is another form of colonialism.”
However, standing at the doorway of a just “clean” energy transition is FPIC, say Indigenous delegates. FPIC is the cornerstone of international human rights standards like the U.N. Declaration on the Rights of Indigenous Peoples, known as UNDRIP. Though more than 100 countries have adopted UNDRIP, this standard is not legally binding.
Companies and governments don’t abide by communities
Because of this, delegates are calling on countries and companies to create binding policy and guidelines that require FPIC for all projects that affect Indigenous peoples and their lands, as well as financial, territorial and material remedies for when companies and countries fail to do so.
However, there is some push back. The free prior, informed consent process can lead to a wide variety of outcomes including the right for communities to decline a highly profitable project, which can often be difficult for countries, companies and investors to abide by, explains Mary Beth Gallagher, the director of engagement of investment at Domini Impact Investments, who spoke at a side event on shareholder advocacy.
Indigenous Sámi delegates from Norway drew attention to their need for legally enforceable FPIC protection as they continue to protest the Fosen Vind Project, an onshore wind energy complex on Sámi territory, that the country’s Supreme Court ruled violated their rights.
“We have come to learn the hard way that sustainability doesn’t end colonialism,” said a Sámi delegate during the main panel on Tuesday.
Across the globe indigenous peoples face eviction
In the United States, the Reno-Sparks Indian Colony, the People of Red Mountain and members of the Fort McDermitt Tribe filed lawsuits against the federal Bureau of Land Management for approving the permits for an open-pit lithium mine without proper consultation with the tribes. In the Colombian Amazon, the Inga Indigenous community presented a successful appeal for lack of prior consultation from a Canadian company that plans to mine copper, molybdenum and other metals in their highly biodiverse territory.
Consternation over governments and multinational companies setting aside FPIC has long extended over other sectors, like conservation and monoculture plantations for key cash crops. In Peru, the Shipibo-Konibo Indigenous peoples are resisting several large protected areas that overlap with their territory and were put in place without prior consultation. In Tanzania and Kenya, the Maasai are being actively evicted from their lands for a trophy hunting and safari reserve. Indigenous Ryukyuan delegates condemn the ongoing use of their traditional lands and territories by the Japanese and U.S. governments for military bases without their free, prior, and informed consent.
Implementing the FPIC is truly sustainable
While delegates put a lot of emphasis on the lack of FPIC, they put equal emphasis on FPIC as a crucial part of the long-term sustainability of energy projects.
“FPIC is more than just a checklist for companies looking to develop projects on Indigenous lands,” said Carling. “It is a framework for partnership, including options for equitable benefit sharing agreements or memorandum of understanding, collaboration or conservation.”
The focus at this year’s conference has emphasized the growing role of FPIC in the private sector. Investors and developers are increasingly considering the inclusion of FPIC into their human rights due diligence standards. Select countries such as Canada have implemented UNDRIP in full, although First Nation groups have pointed out irregularities in how it is being implemented. The European Union is proposing including specific mandatory rights to FPIC in its corporate sustainability due diligence regulation. Side events at the UNPFII focused on topics like transmitting FPIC Priorities to the private sector and using shareholder advocacy to increase awareness of FPIC.
Gallagher of Domini Impact Investments said companies have a responsibility to respect human rights, which includes FPIC: “If they have a human rights commitment or they have a commitment in their policies not to do land grabs, we have to hold them to account for that.”
Indigenous leadership at the center of negotiations
In 2021, the world’s largest asset manager, BlackRock, published an expectation that companies “obtain (and maintain) the free, prior, and informed consent of Indigenous peoples for business decisions that affect their rights.” Large banks like Credit Agricole have included FPIC in their corporate social responsibility policy. But in most cases, even when companies have a FPIC policy it doesn’t conform to the standard outlined in UNDRIP and is not legally binding.
“It doesn’t do the work it’s supposed to do to protect self-determination,” said Kate Finn, director at First Peoples Worldwide. “It becomes a check-the-box procedure that’s solely consultations and stakeholder consultation instead of protection of rights and self-determination.”
“If communities aren’t giving their consent, a company has to respect that,” said Gallagher, who added “There’s obviously points of tension where investors have different agendas and priorities but ultimately, it’s about centering Indigenous leadership and working through that.”
Not properly abiding by FPIC can be costly to companies in countries that operate where it is a legal instrument. It comes with risks of losing their social operation to license, and financial damages. According to a study by First Peoples Worldwide, Energy Transfer and the banks that financed the now-completed Dakota Access Pipeline, lost billions due to construction delays, account closures, and contract losses after they failed to obtain consent from the Standing Rock Sioux Tribe in the United States.
Ultimately, Indigenous people need to be part of decision-making from the beginning of any project, especially “clean” energy projects mining for transition minerals on their territories, said Carling. “For us, land is life, and we have a right to decide over what happens on our land.”
Banner by Carolina Caycedo. Lithium Intensive, 2022. Color pencil on paper. Courtesy of the artist.
Editor’s Note: This essay was originally published in 2021, but is timely today as the new Christopher Nolan film “Oppenheimer” has just been released. As people are coming to realize the Bright Green Lies of “renewable” energy, they are looking for other ways to continue their unsustainable lifestyles. Many people are seriously considering risking more nuclear reactor accidents, waste and nuclear winter as the war in Ukraine continues to escalate.
“The unleashed power of the atom has changed everything except our thinking. Thus, we are drifting toward catastrophe beyond conception. We shall require a substantially new manner of thinking if mankind is to survive.”
― Albert Einstein
At 8:15am on August 6, 1945, cameras began to click on board the Necessary Evil, a military flight over southern Japan. Necessary Evil’s mission was to photograph the first atomic bombing in history. Nearby, on board another plane, the Enola Gay, bombardiers opened hatches on the belly of the plane and pulled levers to release the bomb.
It was called Little Boy. Ten feet long and 28 inches in diameter, it weighed 9,700 pounds, 141 of which were enriched uranium. The bomb dropped out of the plane and began falling. It took about 12 seconds to reach terminal velocity, which, for a big oblong object like Little Boy is around 1,000 feet per second. But the extra 12 seconds of time for spend accelerating meant that it took 53 seconds to fall from 31,060 feet to 1,900 feet, where it detonated.
Hiroshima shortly after the city was bombed in August 1945.
The explosion began directly above a hospital, Shima byōin. Within a fraction of a second, the 80 residents and staff of that building, and perhaps 20,000 other people, were dead. The first died from thermal radiation, which travels at the speed of light and causes “flash burns.” Within seconds, the blast wave followed, traveling at 300 meters per second, rupturing eardrums, shredding lungs, tearing blood vessels, and flattening buildings.
Three days later, a second bomb was dropped on another city in southern Japan, Nagasaki. Within 4 months, as casualties from radiation burns and firestorms mounted, the death toll from these two bombs reached 200,000, with as many again injured.
Mass destruction was not new. Earlier that year, in March, 325 U.S. Air Force planes bombed Tokyo with napalm, igniting a firestorm that destroyed a quarter of the city and killed 100,000 people. But Hiroshima marked the beginning of the nuclear age. Now, the same destruction could be executed with a single plane and a single bomb.
Ever since, historians have argued over whether or not these bombings were necessary. The U.S. Military’s own review concluded “Based on a detailed investigation of all the facts… [that] prior to 31 December 1945, and in all probability prior to 1 November 1945, Japan would have surrendered even if the atomic bombs had not been dropped.” Many have concluded that the bombings were, as Nobel-prize winning scientist Patrick Blackett wrote, “the first major operation of the cold diplomatic war with Russia.”
That Cold War began with 200,000 deaths, and the atrocities would continue over the coming decades, all around the world: coups, assassinations, political purges, gulags, McCarthyism, proxy wars, and brutal economic combat.
While World War II and The Cold War have ended, the threat of nuclear war has not, and neither has the danger posed by nuclear power generation. And while the dangers of Three Mile Island, Fukushima, and especially Chernobyl [and the risks around Zaporizhzhya, today] cannot be underestimated, nuclear waste is perhaps a bigger danger than accidents.
This trifecta of horrors—nuclear war, nuclear accidents, and nuclear waste—still haunts our world today.
Immediately following the bombings of Hiroshima and Nagasaki, scientists from the Manhattan Project created a non-profit organization called the Bulletin of the Atomic Scientists dedicated to educating about the dangers our world faces “at a time when technology is outpacing our ability to control it.”
In 1947, members of the Bulletin launched “The Doomsday Clock” — a metaphorical representation of the likelihood of global catastrophe. Each year, a team of scientists, Nobel laureates, and others experts meets to consider the current state of man-made global threats from nuclear weapons, global warming, and disruptive technology, and set the time on the clock accordingly. The closer to midnight, the higher the level of danger.
The doomsday clock currently is set 90 seconds to midnight.
This is the direst warning the Bulletin has ever issued.
In explanation, the Bulletin’s scientists write that “Accelerating nuclear programs in multiple countries moved the world into less stable and manageable territory [over the past year]… Development of hypersonic glide vehicles, ballistic missile defenses, and weapons-delivery systems that can flexibly use conventional or nuclear warheads may raise the probability of miscalculation in times of tension… Nuclear nations… have ignored or undermined practical and available diplomatic and security tools for managing nuclear risks. By our estimation, the potential for the world to stumble into nuclear war—an ever-present danger over the last 75 years—increased in 2020. An extremely dangerous global failure to address existential threats… tightened its grip in the nuclear realm in the past year, increasing the likelihood of catastrophe.”
The link between nuclear power and nuclear weapons is long established. The enriched uranium and plutonium, as well as other so-called “fissionable material” used in nuclear weapons, can be sourced from nuclear reactors, which is why Iran’s creation of a civilian nuclear power program has been so contentious over the past decade.
Proponents of nuclear power argue that it is a safe, low-carbon energy source. There are nearly 500 nuclear power reactors in the world today, with more under construction. But beyond the risks of nuclear accidents and the nightmare of nuclear waste (who thinks it is a good idea to intentionally unearth and enrich materials that will be highly toxic for billions of years?), each of these reactors is a potential vector for dangerous weapons-grade nuclear materials to be lost, stolen, or knowingly redirected into weapons programs.
According to the Nuclear Threat Initiative, there were 46 cases of nuclear materials being stolen between 2010 and 2016, as well as 57 cases of lost material, and dozens of other concerning incidents. There are already nearly 900,000 metric tons of weapons-grade uranium and plutonium stored around the world, most of it in Russia and the United States.
Thacker Pass before the destruction began; September 2022. Photo by the author.
You may wonder how this is connected to Thacker Pass (Peehee Mu’huh” in the Paiute language). For the past 31 months, I have been working to protect this part of remote Northern Nevada from a proposed 28-square mile lithium mine. The mainstream environmental organizations weren’t doing anything about it, so I decided I had to.
Joining with my friend Will Falk and working to find other allies, we set out to stop the Thacker Pass lithium mine. Supporters of lithium mining believ it’s an essential mineral to help move away from fossil fuels and help, global warming. We disagree. Lithium is dangerous, for many reasons.
This work hasn’t been easy. We’ve endured winter storms, blistering temperatures, physical and legal threats, three years of long days and late-night work sessions, and the BLM is attempting to fine me and my friend Will Falk $49,890.13 for defending this land. Now, we’re being sued for defending the land. The forces arrayed against us are powerful. But we persist.
The booming demand for lithium is mainly driven by the electric vehicle industry, and demand for massive “grid-scale” batteries to store electricity from intermittent sources like wind and solar energy generation facilities. But lithium is also used in a wide variety of other industries.
This includes chemical propellants for rockets and torpedoes used by militaries and in spaceflight; in glass production; in metallurgy such as aluminum smelting, alloy production, and welding; in the production of fireworks and flares; and in the production of synthetic rubber and other plastics.
But here, I want to focus on a problem that I have not seen discussed before in regards to the Thacker Pass mine: the links between lithium and the nuclear industry.
There are two stable isotopes of lithium: lithium-6 and lithium-7. According to the World Nuclear Association, “Lithium-7 has two important uses in nuclear power today and tomorrow due to its relative transparency to neutrons. As hydroxide it is necessary in small quantities for safe operation in pressurised water reactor (PWR) cooling systems as a pH stabilizer, to reduce corrosion in the primary circuit. As a fluoride, it is also expected to come into much greater demand for molten salt reactors (MSRs).”
PWRs, or Pressurized Water Reactors, are a type of nuclear reactor that can be found in exactly two thirds of the world’s nuclear power plants. Engineers at these facilities, most of which are quite old at this point, are constantly dealing with corrosion in the components of their radioactive water cycling systems. Highly purified lithium-7 hydroxide is used in these systems “as an additive in PWR primary coolant, at about 2.2 ppm, for maintaining water chemistry, counteracting the corrosive effects of boric acid (used as neutron absorber) and minimizing corrosion in steam generators of PWRs.”
Lithium-7 is also used directly in nuclear weapons, where the reaction itself can produce the necessary tritium to fuel a runaway nuclear reaction. In 1954, the largest atmospheric nuclear weapons test in US history took place over the Bikini Atoll. Due to a shortage of lithium-6 (which is less common and hard to produce), the “Shot Bravo” nuke was built with lithium-7 instead. The bomb was projected to yield a 10-megaton blast. But due to lithium-7’s incredibly explosive features, the yield was 15 megatons—equivalent to every bomb dropped by the allies in World War II exploding at once.
One account describes the effect of the bomb: “An entire island turned into radioactive dust and the fallout seriously contaminated Bikini and two neighboring atolls. The ships of the Operation Castle task force steamed at flank speed away from the mushroom cloud, their decks covered with radioactive coral shards. The Japanese fishing vessel Fifth Lucky Dragon, sailing well outside the safety zone, suffered one death and several casualties from radiation. The bomb’s firing crew retreated to a closet in their concrete bunker for 12 hours while their Geiger counters roared.”
Lithium-6 is more rare than lithium-7 in nature, but is widely used in the nuclear weapons industry. When used as a target element in a reactor or a nuclear weapon, it reacts with a neutron to produce tritium (T), the most important thermonuclear material for weapons. According to the Institute for Science and International Security, “Lithium 6 is a critical raw material needed for the production of single-stage thermonuclear and boosted fission weapons.”
In the United States, the Tennessee Valley Authority operates three nuclear reactors. One of these, Watts Bar, uses lithium as the feedstock for producing tritium for use in nuclear weapons. This tritium is a key component in those weapons, but it needs to be constantly replenished. Tritium has a half-life of only 12.3 years and decays at 5.5% annually. That’s why tritium sourced from reactors using lithium is currently being used to rebuild and replace the U.S. nuclear arsenal as part of a 30-year, trillion dollar nuclear weapons plan launched under Obama.
Many critics of the nuclear weapons industry believe that nuclear power is, in general, little more than a civilian cover for the production of nuclear weapon material.
Meanwhile, advocates of nuclear power such as Bill Gates argue that next-generation reactors will address the problems that have plagued nuclear power—safety issues, radioactive waste, weapons proliferation, and high cost. But the Union of Concerned Scientists calls this “wishful thinking,” noting in their most recent report that serious concerns remain unresolved.
Modular Salt Reactors (MSRs), for example, produce massive amounts of radioactive waste that is exceptionally dangerous from a nuclear proliferation standpoint (U-233), and they are extremely difficult to clean up at the end of their relatively short lifespans. Current prototypes also depend heavily on lithium. Saudi Arabia and the United Arab Emirates are both on the verge of activating MSR reactors (perhaps with illegal assistance from the Trump Administration and U.S. corporations), which may lead directly to them becoming nuclear powers. And fusion reactors, for the foreseeable future, consume far more energy than they produce, amounting to nothing more than an exceptionally expensive and dangerous experiment (an experiment in which lithium is being used to control plasma).
The bottom line here is that the dangerous nuclear power industry, and the nuclear weapons that depend on it, require a steady supply of lithium. As nuclear tensions once again escalate, the Department of Energy is moving toward 100% U.S. sourcing of uranium in order to bypass international treaty obligations, which require the disclosure of locations and volumes of highly enriched uranium a country possesses. By cutting out foreign sourcing, the supply chain is kept more obscure. A similar consideration no doubt underlies, in part, the swift permitting of the Thacker Pass lithium mine. This mine is a part of the nuclear supply chain, and given that most U.S. lithium is now sourced overseas, war hawks no doubt prefer that this place is sacrificed.
One must step outside the halls of power to find sanity. The nuclear industry has been an unmitigated disaster from the beginning. I say this as someone who grew up in Washington State. We have seen the horror that is Hanford. And Nevadans know the perils of nuclear weapons and waste better than almost anyone else on the planet.
If the Thacker Pass lithium mine is built, lithium produced there may end up inside nuclear reactors and inside nuclear weapons. How would you feel if you were involved in a project that supplied critical material to power the next nuclear disaster?
Yes, Nevada has a bleak history of nuclear weapons testing and waste storage. Yet from the Nevada Test Site to Yucca Mountain, there is as long and as rich a history of resistance. Of sanity. Of desire for peace. I would like to invite all the activists, politicians, and regular people who fought nuclear testing and nuclear waste disposal across this region to join the fight against lithium mining as well.
Ceremonial tipi at Ox Sam Newe Momokonee Nokutun “Indigenous Women’s Camp” in May 2023. Myself and others associated with this non-violent action are being sued by Lithium Nevada Corporation.
There are many ways of laying waste to the Earth, and to our future. Nuclear technologies and strip mining are two of them. And in this case, they are firmly linked. That is why we must stand up against lithium mining and nuclear catastrophes alike.
“We all want progress, but if you’re on the wrong road, progress means doing an about-turn and walking back to the right road; in that case, the man who turns back soonest is the most progressive.”
― C. S. Lewis
The 2023 DGR conference is scheduled for late August in northern California. This annual gathering is an opportunity for our community to share skills, reflect on our work, strengthen our connections, and plan for the future. While this conference is only open to DGR members, we do invite friends and allies on a case-by-case basis. If you’re interested in attending, please contact us, and if you’d like to donate to support the conference, click here.
Editor’s Note: In the following piece, Mankh talks about the detachment of technology from the natural world and urges people on the need to be in touch with nature. The promise of these gadgets is freedom but the reality is they’re tyranny. It is good to know that everything that corporations tell you is a lie. Believe the results of their actions and not what they say. Their only goal is to make a profit. We thank the author for offering this piece to us.
“But I’ll know my song well before I start singin’.”
~ Bob Dylan, from “A Hard Rain’s A-Gonna Fall”
The deception of technology is that its easy accessibility belies both the violence of production and the lack of consciousness of spirit or what East Asians refer to as “chi/qi – vital energy.”
The rapid reach to a global audience via gadgetry has created a plethora of productions – from podcasts to social media platforms – affording anyone with access the ability to project their opinions and viewpoints. This has its democratic positives and is helping to fill the rotten-toothed gaps of corporate media. Yet the instant gratification of social media gadgetry has dulled the respect for deep preparation, maturity, ripening on the vine, and right-wise timing. To my knowledge, East Asian and Indigenous Peoples show the most respect to elder generations.
To follow the epigraph metaphor, “songs” have become a fastfood buffet of opinions and unchecked or manipulated facts. The darker side of the coin is the outright squelching and censoring by the powerless that don’t know how to be, thus they incessantly spew new bits of information into the media/social-media sphere, to which the populace then reacts, re-spewing their karaoke of opinions. This ongoing ping-pong of songs perpetuates a binary of yays/nays, likes/dislikes, you’re right/you’re wrong — all of which is leading to a demise of nuance, and an increase of divisiveness.
The fear is that if you miss a minute, you’ll be out of touch and not up to date with the most current info. You’ll lose the argument, and, as with the Pavlovian repetitiveness of advertising, jeopardize your career.
This is the prevailing hyperactive, narrow-minded wind I notice, as the masses of would-be stars, bombastic pundits, and plastic shaman jockey for position of likes, hits, comments, applause, boos, and OMG will you marry me?! It’s a seemingly endless open mic karaoke, where only a few songs get covered by almost everybody.
Needles in a haystack
At its finest, the gadgetry landscape provides a global community bulletin board. Yet the gadgetscape is detached from land, and, as with all colonial capitalist-based products, the consumers become detached from the violence toward earth, rivers, songbirds, bees, front-line minorities and minors. Two recent books I’ve read give ample examples: Cobalt Red: How the Blood of the Congo Powers Our Lives and The Rare Metals War: The Dark Side of Clean Energy and Digital Technologies; the gists are: pollution and destruction of natural habitats along with the beings that live there, and too-often slave/torture labor, sometimes ending in death.
Add to that a most recent hotspot in Nevada, Thacker Pass (Peehee Mu’huh), where Lithium Americas Corp. has already destroyed sacred Paiute and Shoshone lands and habitat in an effort to landgrab lithium for electric vehicle batteries for GM. The Natives have recently put up a tipi on the dirt road (created by Lithium Americas Corp.), blocking truck access. What’s happening could be a watershed moment, as other such mining projects are on the charts. And by the way, an immense amount of water is needed to produce the lithium in a drought-ridden area, for faux clean energy. See Protect Thacker Pass & Ox Sam Camp for more:
My daily research efforts to combat the monsters involves a list of news sites, Twitter and FaceBook posts, along with intuitively following the trails of mentions of phrases, people, organizations and such like from which I find needles of truth in a haystack of propaganda (though some would argue whether they are “truths”). And with even a few minutes of research, one can sometimes find out what corporation owns what corporation owns the opinions of what people. Don’t just follow the money, ask to speak to the manager, no, too much hold-time; instead, websearch to find who the head honchos are, for example, website pages “about” “who we are” and Wikipedia business listings.
Once more, with feeling!
At the interpersonal and psychological levels of behavior, except for emoji hearts and faces, exclamation points, ALL CAPS, and select videos/podcasts/radio shows, the use of gadgetry lacks consciousness of spirit, chi/ki, or more colloquially, feelings! En masse, we have been conditioned into becoming one-click shoppers and button-pushers who then overreact if our buttons are pushed, if our opinions are challenged or we didn’t get exactly what we privilege entitlement wanted.
In his 1956 book, The Rape of the Mind: The Psychology of Thought Control, Menticide, and Brainwashing, Joost A. M. Meerloo, M.D. wrote:
“Increasingly the population has been seduced by the idea of remote control. The arsenal of buttons and gadgets leads us into the magic dream world of omnipotent power. Our technical civilization gives us greater ease, but it is challenge and uneasiness that make for character and strength.”
Where’s the originality? The tried and true? The tried and true originality? Why the incessant need to have a message? Why the need for constant approval? In the documentary film The Social Dilemma, the gadgetry, especially cell-phone, is referred to as a “digital pacifier.” To avoid feelings of loneliness, discomfort and anxiety, people, especially younger generations, have been programmed to reach for the hardware. The difference between today and the TV of my generation is that the gadgets are interactive and beckoning for your attention, even when OFF. A quote from the film: “There are only two industries that call their customers ‘users’: illegal drugs and software.”
How many times a day do you reach for the gadgetry?
How many times a day do you gaze at the leaves of a plant, the sky, look within?
In my experience, the art of preparation, maturity, and right-wise timing is nurtured by quiet, by listening, being open to receive, careful study, finding reliable sources (ay, there’s the rub), staying vigilant, learning from mistakes, and being content with off the radar successes.
Heartsongs
In his brief almost 14 years, Mattie Stepanek was conscious of what he called his “heartsong” and that everyone has one. “Stepanek suffered from a rare disorder, dystautonomic mitochondrial myopathy” and, sadly, passed away at age 13. He “published seven best-selling books of poetry and peace essays.” (Wikipedia)
While the ripening vine mode is a steady, guiding and reliable energy source, an openness to the immediacy of the present with all its potential and timeless heartspace can intermittently override the evolutionary progression model.
Actually, both modes intertwine. Haiku master Matsuo Bashô expressed it neatly:
at the old pond–
a frog jumps in
sound of water
While maintaining the day-to-day well-being of and caring for the pond (protecting sacred waters and/or your sacred space), be calm, alert and ready for a frog jump and subsequent splash! It could be fun, it could be traumatic, or in- between. Ah, the Mystery.
By aligning our heartsongs and rhythms with the pulses of Earth, the cycles of the seasons, the wheeling of the stars, and those we hold dear, we have a better chance to thwart the untimely knee-jerk behavior of those who seek to destroy the inherent ebbs and flows by enforcing a perpetual boom-time based on violence and numbing distractions. The folly of their efforts and perhaps your participation as consumer is obvious. Yet to hasten the demise of such folly, I suggest that each person must muster the vital energies, know the song, and start singin’!
Editor’s Note: This press release from CELDF (Community Environmental Legal Defense Fund) describes a gag order put against an activist, Tish O’Dell, for talking about her concerns on the use of an industrial byproduct in her community. The gag order was placed in 2012. Since then, tests have affirmed that not only was the product toxic, it is also high in radioactive elements. Lawsuits by big corporations against activists are one of the tools used to shut down any form of resistance. We have talked about it also in the context of the lawsuit against activists and tribal members involved in protecting Thacker Pass. After a decade during which new research has been conducted, Tish O’Dell has appealed for a termination on the gag order.
OHIO, Cuyahoga County – On Friday, June 16, a motion was filed in the Cuyahoga Court of Common Pleas for relief from judgment for Tish O’Dell to terminate the permanent injunction from a Strategic Lawsuit Against Public Participation (SLAPP) filed against her in March 2012 by Duck Creek Energy which claimed defamation and loss of business profits.
O’Dell had been active at the time, educating both her community, elected leaders and neighbors about the harmful effects of urban oil/gas drilling happening in her community of Broadview Heights and surrounding communities by sending emails, posting information online and attending community meetings. In the process, she had learned of Duck Creek Energy’s road de-icer, AquaSalina, which according to Duck Creek Energy President, Dave Mansbery, was a byproduct of oil/gas drilling. O’Dell’s concern increased upon learning, from test results reported to the Ohio Department of Natural Resources (ODNR), about the high levels of substances like benzene, toluene and ethylbenzene contained within the supposedly harmless de-icer. These substances are known to be carcinogenic. She also continued to conduct more research on ODNR’s website and in other places in order to inform herself and educate others as to what takes place during the drilling process and fracking.
“When I learned that AquaSalina was being used on my community’s streets as well as in neighboring communities, I wanted to inform people about what I had learned,” said O’Dell. “I felt people needed to know what was being spread on the roads that they, their kids, and their pets were walking on. And common sense indicated to me that what is spread on our streets gets into our air and our lawns and goes down street drains to water supplies. I knew the oil/gas industry was powerful, but I also believed in my right and everyone’s right to free speech and the right to question the government and their decisions. I had never heard of a SLAPP lawsuit until there was a knock at my front door and the person asked if I was Tish O’Dell and told me ‘You’ve been served’.”
After a year of court filings, depositions, and much pressure directed against O’Dell’s inclination to go to trial, a settlement was signed in the fall of 2013. Part of the settlement involved granting a permanent injunction, an extraordinary remedy in a defamation case, against O’Dell, prohibiting her from using certain words to describe the product AquaSalina. During this time Mansbery began bottling and selling the product on store shelves in local hardware stores and even at several Lowe’s locations in Ohio. This afforded activists and scientists the opportunity to purchase the product and begin testing it. And in the decade since, there has been much research and testing of the product by the state agency ODNR, universities, Rolling Stone Magazine and other publications. The tests affirmed that not only was the product chemically toxic, it is also high in radioactive elements, Radium 226 and 228. In October 2021 the Ohio Department of Transportation stopped using AquaSalina in part because of the environmental concerns.
Because these recent test results and scientific research papers didn’t exist in 2012, O’Dell is filing this motion to dissolve the court order so she can again speak freely and warn people about the dangers of this product to both humans and nature. There have been several attempts over the past few years to pass a law at the state level which would make a commodity out of this drilling byproduct. And with the state opening up leasing of park land for fracking this year, there will be more brine produced.
“SLAPP suits are just another tool used by industry and corporations to silence and intimidate those who speak out against them and their activities,” stated Wyatt Sugrue, Chicago attorney. “The goal is not only to silence journalists, individuals and organizations, but to also make others afraid to speak up. In recent years there have been high profile cases of SLAPP suits against John Oliver and HBO, Mother Jones Magazine and recently Texas Gubernatorial candidate Beto O’Rourke who was served with a SLAPP by the CEO of Energy Transfer Partners, Kelcy Warren.”
As stated in the motion:
The Ohio court system has in essence allowed a limited-purpose public figure, Duck Creek Energy, to immunize itself from public scrutiny, and the court system is acting as the personal police force for the company to stop such scrutiny.
“What I have learned over the past decade is how our system, controlled by an elite minority, is quashing the people’s constitutional rights. I witnessed this first hand working with so many great people across the state who were also attempting to protect their own communities and nature. They inspired me to do this,” stated O’Dell. “I can’t just tell others to stand up for their rights and what they believe in and to have courage even when it seems scary, and not practice what I preach.”
A recent article by EarthJustice, September 2022, sums it up, “We aspire for the courts to be an institution that upholds the rights of all, however, SLAPP suits are a way for the rich and powerful to abuse the court system and turn it into a tool that silences individuals and organizations. SLAPP suits disguise themselves as legitimate lawsuits, and while most end up being dismissed, their real goal is quashing legitimate dissent and protest in the process. Protesting is one of the cornerstones of our democracy, a right so important in the early days of our country that it is explicitly included in the first amendment. One thing is clear. Our courts must uphold this right for everyone and cannot become tools for the rich and powerful to abuse power and limit the ability of all of us to seek justice and speak out against issues impacting our communities.”
In the O’Rourke SLAPP, it has been discovered that Warren, the plaintiff, has also made campaign contributions to six of the nine Texas Supreme Court Justices that could ultimately hear the case.
According to CELDF Attorney Terry Lodge, “Ending the gag order on Tish O’Dell is important to our work as an organization. CELDF works with community members and activists throughout the state and country to assert their constitutional and democratic rights to expose harms and stand up for protecting the community and nature. If the wealthy and powerful can file lawsuits to silence their voices, those must always be opposed.”
Editor’s Note: In order to deter the tribal members and activists from fighting for Thacker Pass, Lithium Nevada has sued them. Unsurprisingly, as a corporation, they have greater funds to sustain their legal action. We appeal for all who can to support in whatever way you can. The details for financial donations are at the end of the post.
Lithium Nevada Corporation has filed a lawsuit against Protect Thacker Pass and seven people for opposing the Thacker Pass lithium mine.
The lawsuit is similar to what is called a “Strategic Lawsuit Against Public Participation,” or SLAPP suit, aimed at shutting down free speech and protest. The suit aims to ban the prayerful land defenders from the area and force them to pay monetary damages which could total millions of dollars.
“This lawsuit is targeting Native Americans and their allies for a non-violent prayer to protect the 1865 Thacker Pass massacre site,” said Terry Lodge, attorney working with the group. “These people took a moral stand in the form of civil disobedience. They are being unjustly targeted with sweeping charges that have little relationship to the truth, and we will vigorously defend them.”
The lawsuit targets Dean Barlese, respected elder and spiritual leader from the Pyramid Lake Paiute Tribe, Dorece Sam from the Fort McDermitt Paiute-Shoshone Tribe, Bhie-Cie Zahn-Nahtzu (Te-Moak Shoshone and Washoe), Bethany Sam from the Standing Rock Sioux and Kutzadika’a Paiute Tribes, Founding Director of Community Rights US Paul Cienfuegos, and Max Wilbert and Will Falk of Protect Thacker Pass, which is also named in the suit.
They are charged with Civil Conspiracy, Nuisance, Trespass, Tortious Interference with Contractual Relations, Tortious Interference with Prospective Economic Advantage, and Unjust Enrichment.
As part of the lawsuit, Lithium Nevada has been granted a Temporary Restraining Order which restricts the defendants and “any third party acting in concert” with them from interfering with construction, blocking access roads, or even being in the area. The accused parties are not involved in planning further protest activity at the mine site.
Regardless, these allegations are alarming to the Great Basin Native American communities who believe their religious practices are protected by the American Indian Religious Freedom Act of 1978. The lawsuit’s language places fear in the hearts of Native American people who want to pray and visit their ancestors’ gravesites.
The case references instances of non-violent prayer and protest that took place on April 25th, and a prayer camp named after Ox Sam (survivor of the 1865 massacre and ancestor of Dorece Sam and Dean Barlese) which was established at Thacker Pass on May 11th. On June 8th, that camp was raided and dismantled by police. One young indigenous woman was arrested and transported to jail inside a pitch-black box. In the aftermath of the raid, a ceremonial fire was extinguished, sacred objects were put in trash bags, and tipi poles were broken.
The American Indian Religious Freedom Act states that it is “the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religion of the American Indian…including…access to sites.”
Dorece Sam, President of the Native American Church of the State of Nevada:
“I take my grandkids to Peehee Mu’huh to teach them to pray for our unburied ancestors whose remains are scattered there, to collect our holy plants, to hunt and fish, and to collect medicinal herbs. The ancestors who were killed at Thacker Pass have never been given the proper prayers for their spirits. Lithium Nevada is desecrating our unceded lands and our ancestors’ resting places.”
Dean Barlese, respected elder and spiritual leader from the Pyramid Lake Paiute Tribe:
“The Indian wars are continuing in 2023, right here. America and the corporations who control it should have finished off the ethnic genocide, because we’re still here. My great-great-grandfather fought for this land in the Snake War and we will continue to defend the sacred. Lithium Nevada is a greedy corporation telling green lies.”
Bethany Sam:
“Our people couldn’t return to Thacker Pass for fear of being killed in 1865, and now in 2023 we can’t return or we’ll be arrested. Meanwhile, bulldozers are digging our ancestors graves up. This is what Indigenous peoples continue to endure. That’s why I stood in prayer with our elders leading the way.”
Bhie-Cie Zahn-Nahtzu:
“Lithium Nevada is a greedy corporation on the wrong side of history when it comes to environmental racism and desecration of sacred sites. It’s ironic to me that I’m the trespasser because I want to see my ancestral land preserved.”
Paul Cienfuegos:
“Virtually every single accusation against us is a lie, and of course the corporation’s leaders know this. But our actions have scared them, so they are lashing out against classic nonviolent direct-action tactics. And this is yet another prime example of why we need to dismantle the structures of law that grant so many so-called constitutional ‘rights’ to business corporations, like access to the courts.”
Max Wilbert, Protect Thacker Pass:
“Around the world, a land defender is killed every two days. Murdering activists is hard to get away with in the United States, so corporations do this instead. This lawsuit is aimed at destroying the lives of people non-violently defending the land. But we’re not giving up. There are millions of people opposing this mine, and this fight will continue.”
Will Falk:
“I’ve been involved in directly petitioning the courts for two years to enforce tribal rights to consultation without success. Now Paiutes and Shoshones are being sued for peacefully defending the final resting places of their massacred ancestors. Lithium Nevada is just another mining corporation bullying Native Americans once again. This pattern has got to stop.”
Lithium Nevada corporation has been locked in legal battles since 2021, when four environmental groups, a local rancher, and several tribes sued the Federal Government to attempt to overturn the permits for the mine. The suits allege failures of consultation, violation of endangered species law and water laws, and dozens of other infractions. The most recent filing in an ongoing Federal Court case brought by three local tribes was filed on Friday, arguing that Lithium Nevada needs to halt construction while it consults with tribes about the Thacker Pass massacre sites. The 9th Circuit Court of Appeals in California will hear oral arguments in other cases later this month.
The news comes as Lithium Nevada’s parent corporation, Lithium Americas, has been implicated in four alleged human rights violations and environmental crimes related to their lithium mining operation in Cauchari-Oloroz, Argentina.
The defendants are seeking attorneys to join the legal defense team, and monetary donations to their legal defense fund. You can donate via credit or debit card, PayPal (please include a note that your donation is for Thacker Pass legal defense), or by check.
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