10 Mexican Gray Wolves to Be Released in New Mexico

By Center for Biological Diversity

After pressure from the Center for Biological Diversity and allies, the U.S. Fish and Wildlife Service announced Wednesday it will release about 10 Mexican gray wolves into the wilds of southwestern New Mexico–a move scientists say is crucial to reduce dangerous inbreeding of the rare creatures.

Just days earlier, the Center and allies sent a letter to Interior Secretary Sally Jewell, signed by 43 groups and scientists, asking her to release at least five packs of endangered Mexican gray wolves into New Mexico’s 3.3-million-acre Gila National Forest.

Back in 1998, after a Center lawsuit, the Service began reintroducing Mexican gray wolves from captive-breeding facilities into their historic U.S. Southwest range, where they had been obliterated by federal poisoning and trapping. But the Service only released wolves into a small part of Arizona’s Apache National Forest, which quickly filled with wolf families.

“Releasing Mexican wolves to the wild is the only way to save these animals from extinction,” the Center’s Michael Robinson told the Santa Fe New Mexican. “It’s vital now that enough wolves get released to diversify their gene pool and ensure they don’t waste away from inbreeding.”

Read more in the Center for Biological Diversity press release and the Santa Fe New Mexican.

Coal’s Dark Alliance Defames Lummi Nation

Coal’s Dark Alliance Defames Lummi Nation

NATIVE AMERICAN TREATY RIGHTS UNDER ATTACK
By Sandy Robson, Coal Stop

On her September 12, 2015 program, Whatcom Tea Party board member and host for the weekly “Saturday Morning Live” (SML) talk radio show on KGMI, Kris Halterman, interviewed Northwest Jobs Alliance (NWJA) President Brad Owens. Halterman’s program afforded Owens a platform to promote the same idea that NWJA previously purported in its August 20, 2015 letter to U.S. Army Corps of Engineers’ Jo-Ellen Darcy, Assistant Secretary of the Army (Civil Works). That idea advanced by NWJA in the letter, is that there is “an apparent motive behind the Lummi Nation’s opposition to the Gateway Pacific Terminal project (and completion of the EIS process) not connected with treaty rights.” [italicized emphasis theirs]

NWJA attached documents in its letter to the U.S. Army Corps of Engineers (“the Corps”), that its group maintains show an “apparent motive” in what NWJA’s letter claims is a “ploy to snatch non-tribal land.” The letter stated:

“By any standards of basic fairness, the U.S. Army Corps of Engineers should not allow itself to be manipulated into aiding what would amount to a devaluation and confiscation of privately-owned, non-tribal lands. Please publically [sic] disassociate yourself from this scheme, ensure that the normal EIS process is completed, and encourage the Lummi to engage in good faith discussions with the proponents of GPT to explore win-win possibilities.”

Signatures of John Huntley and Brad Owens on the Northwest Jobs Alliance, August 20, 2015 letter to the U.S. Army Corps of Engineers

Signatures of John Huntley and Brad Owens on the Northwest Jobs Alliance, August 20, 2015 letter to the U.S. Army Corps of Engineers

DISCREDITING TACTICS

NWJA’s August 20 letter to the Corps demonstrated an attempt to taint the Lummi Nation’s rightful assertion of its treaty rights relating to the proposed GPT project, and an attempt to influence the Corp’s decision on that subject. NWJA, in its advocacy efforts for SSA Marine/PIT and its GPT project, continues to interfere with the government-to-government relationship between the Lummi Nation and the U.S. federal government—a relationship in which it does not belong. There is a trust relationship and obligation of federal agencies, such as the Corps, to ensure the protection of the Lummi Nation’s treaty rights.

Northwest Jobs Alliance Director and GPT spokesperson Craig Cole speaking at the October 9, 2013 Whatcom Tea Party, GPT Forum

Northwest Jobs Alliance Director and GPT spokesperson Craig Cole speaking at the October 9, 2013 Whatcom Tea Party, GPT Forum

The signers of the letter are NWJA’s President Brad Owens and Chair John Huntley. The listed Director of the NWJA is Craig Cole, SSA Marine’s paid consultant for the Gateway Pacific Terminal (GPT) project. Cole was not a signer on the letter to the Corps. NWJA was created in May 2011 to advocate for the GPT project, and it was filed as a non-profit in October 2014.

According to its original mission statement, which had been displayed on its Facebook page, “The Alliance focuses their efforts on supporting the Gateway Pacific Terminal. . .” Gateway Pacific Terminal (GPT) is a 48 million metric ton per year coal export terminal proposed at Xwe’chi’eXen (Cherry Point) in Whatcom County, Washington, along the Salish Sea shoreline. The terminal applicant is Pacific International Terminals (PIT), a subsidiary created for the GPT project by SSA Marine, the world’s largest independent, privately-held marine terminal operator.

A NATION STANDS TALL TO PROTECT ITS TREATY RIGHTS

Steadfastly opposed and standing squarely in the path of SSA Marine/PIT’s plan for the coal export terminal, is the Lummi Nation, a self-governing nation which is the third largest tribe in Washington state. The Lummi, a Coast Salish people, are the original inhabitants of the state’s northernmost coast and southern British Columbia. GPT, if permitted and built, would be sited at Xwe’chi’eXen (Cherry Point), along the shoreline, which is part of the Lummi Nation’s traditional fishing area. Xwe’chi’eXen (Cherry Point) was an important village site for Lummi ancestors, and is considered culturally and historically significant to the Lummi people.

The Lummi Nation’s treaty rights are secured to them by the U.S. federal government in the Treaty of Point Elliott of 1855. Article 5 of the Treaty provides that, “The right of taking fish from usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the Territory. . .”

Lummi Nation has devoted significant time and resources to analyzing, evaluating, and carefully deliberating the impacts associated with GPT. The Nation concluded that the adverse impacts to the exercise of its tribal treaty rights, along with the impacts to the natural resources and the continued impacts to significant Lummi cultural properties are unacceptable, and simply cannot be avoided, minimized, or mitigated.

That conclusion led to Lummi Indian Business Council (LIBC) Chairman Tim Ballew II sending a January 5, 2015 letter to U.S. Army Corps of Engineers Seattle District Commander, Colonel John G. Buck, asking the Corps to take action and immediately deny SSA Marine/PIT’s permit application for the proposed GPT project due to the project’s adverse impact to the Nation’s treaty rights. The Corps is still in the process of making a determination on that request.

MISINFORMING LISTENERS

KGMI’s SML radio show host, Kris Halterman testifying at July 7, 2015 Whatcom County Council meeting

KGMI’s SML radio show host, Kris Halterman testifying at July 7, 2015 Whatcom County Council meeting

SML host Kris Halterman told listeners during her September 12 show: “The, the Lummis have asked the Army Corps of Engineers to just say no, just say no, we don’t care what your study says, we want you just to say no.”

NWJA’s Brad Owens told SML listeners of that same show, “…you know, we absolutely and unequivocally respect the Lummi treaty rights and the Lummi people, and you know, the things that they, that they stand for. However, at this point in time without a study being done and completed relative to their concern of the impact on their fishing, we just don’t know. And you know, as I mentioned earlier, there’s 1.9 or an estimated 1.9 million acres of usual and accustomed fishing grounds, and that’s a lot! Certainly they don’t fish it all, but we need a scientific report that specifically pertains to the area in which the terminal is going to be constructed and how that might impact, if, if at all, their fishing.”

Halterman and Owens neglected to inform the SML audience that actually, a scientific report that pertains to the area in which the terminal is going to be constructed, and how that might impact Lummi fishing had already been conducted, and was released in November 2014. The Vessel Traffic and Risk Assessment Study (VTRAS) of the additional vessel traffic (487 vessel calls annually) that would be brought on by the newly proposed GPT was conducted for SSA Marine/PIT, by Glosten and Associates, with oversight by the state Department of Ecology. Gateway Pacific Terminal [SSA Marine/PIT] and the Lummi Nation also participated in the VTRAS. In the VTRAS, it states that the study is expected to be used by CH2M Hill, the third-party consultant, in preparation of the Environmental Impact Statement (EIS) for the proposed GPT project.

The VTRAS states: “The siting of the wharf and trestle at the proposed GPT and the potential anchorage use by bunkers will interfere with Lummi access to fishing sites. . .The analysis predicts that GPT would increase the Lummi fishing disruption by 76% in the Cherry Point area.” LIBC Chairman Ballew pointed to that significant scientific evidence of the adverse impacts to Lummi Nation’s fishing in the LIBC’s January 5, 2015 letter to the Corps:

Review of the impacts associated with this project, including, but not limited to, those analyzed in the Gateway Pacific Vessell [sic] Traffic and Risk Assessment Study lead to the inescapable conclusion that the proposed project will directly result in a substantial impairment of the treaty rights of the Lummi Nation throughout the Nation’s ‘usual and accustomed’ fishing areas. The Lummi have harvested at this location since time immemorial and plan to continue into the future.

BROADCASTING RUMORS

Getting back to Halterman’s September 12 SML show that focused largely on the documents NWJA had received—these documents were attached to an NWJAAugust 12, 2015 letter to the Whatcom County Planning Commission. NWJA’s “Document Summary,” had the following insinuating header at the top: “Lummi Nation Regulatory and Treaty Rights Strategies for the Taking of Non-Tribal Private Property for the Purpose of Accomplishing a Reservation Annexation.”

NWJA also sent out an August 27, 2015 advertisement to its email subscribers announcing its August 12 letter to the Planning Commission. The inflammatory and unsubstantiated headline on the ad was: “Alliance Weighs in to Protect Cherry Point Jobs: Opposes Lummi Takeover of Heavy Industry Zone.” The advertisement linked to a set of the documents. There was no evidence provided by NWJA to support its headline claim of a supposed “takeover of heavy industry” by Lummi Nation.

The documents were also introduced, with little fanfare, earlier this year, in a June 13 blog post by Kris Halterman on her “Saturday Morning Live—Liberty Road” web site. The post stated that “Saturday Morning Live—Liberty Road” received the documents, although the person or entity which originally obtained the documents was not disclosed.

Comprising the bulk of the documents is a February 7, 2012 letter from the Center for Salish Communities Strategies (CSCS), a non-profit public interest group whose mission was “to promote innovative policy actions that bring the community together in a shared vision of a strong regional economy reflective of the beauty of our surrounding natural world. . .”  According to the Washington Secretary of State,CSCS was dissolved (“not active”) as of December 1, 2014, and its original filing date had been August 11, 2011. The website for CSCS, comes up as “server cannot be found.” However, neither of these facts are mentioned during Halterman’s September 12 SML show, and since she referred to the organization in the present tense, listeners were likely to see CSCS as still active, which was, and still is, not the case.

The CSCS letter presented the Lummi Nation with a possible vision of an alternative use of Cherry Point lands and tidelands specific to the proposed GPT site, and outlined some ideas on how to go about that. The potential strategies suggested by CSCS were, at the core, about protecting and preserving the Lummi Nation’s archaeological properties, its cultural heritage and natural resources with the guiding principle of protecting and enhancing the inherent rights and interests of the Nation pertaining to Xwe’chi’eXen (Cherry Point).

Excerpt from September 10, 2015 NWJA press release

Excerpt from September 10, 2015 NWJA press release

That context was omitted from a September 10, 2015 NWJA press release which featured another insinuating headline, “US Army Corps Asked to Avoid Involvement in Lummi Land Scheme,” sent to The Bellingham Herald. The press release was linked-to in the online Herald’s September 11 article.

Halterman referenced the September 11 Herald article during her September 12 SML program and said, “the Herald had an article, I don’t know if it was front page or not, because I just looked at the online version, stating that these were false and fabricated documents.” Her statement is inaccurate. What was actually reported in the story, was that in response to NWJA’s allegations that Lummi Nation plans to “take over” and “de-industrialize” the Cherry Point industrial area, LIBC Chairman Tim Ballew said, “They’re [NWJA] fabricating a false conspiracy.”

Additionally, the Herald story referenced a single-page document that is best described as a chart outlining a strategy, which NWJA sent to the newspaper with its press release. The article reported that Ballew reviewed the document and said it did not come from the tribe. Ballew told the Herald: “What they [NWJA] presented definitely has not been produced by the Nation.”

In comparing the single-page document presented by the NWJA and the samesingle-page document posted on Kris Halterman’s June 13 “SML—Liberty Road” web site, there is a noticeable difference. On the document posted on Halterman’s “SML—Liberty Road” web site, there are no identifying marks to denote the producer of the document, and the top of the page was blank. However, on the document presented by NWJA to the Corps and to the Whatcom County Planning Commission, there were words placed inside brackets written at the top of the page; a label of sorts, which read: [Lummi Nation Planning Document – August 2012].”

PAC AND RADIO SHOW USED TO TARGET LUMMI AND ITS TREATY RIGHTS

Those words at the top of the single-page document appear to have been added since the time that document was originally posted in June, on the SML website. Because that label is in brackets one would assume it was not on the original document. A phone call to NWJA Chair John Huntley to inquire about that was not returned.

Kris Halterman is listed as Committee Chair and Campaign Manager on the SAVEWhatcom Political Action Committee (PAC) registration form. She and Dick Donahue, who also hosts a KGMI talk radio show, “Wealth Wake Up,” started the SAVEWhatcom and the affiliated Whatcom First GPT interest-funded PACs in August and September 2013.

February 5, 2015 post from the SAVEWhatcom Facebook page

February 5, 2015 post from the SAVEWhatcom Facebook page

In February of this year, SAVEWhatcom, after the news of the Lummi Nation’s January 5 letter to the Corps requesting a GPT permit denial, placed a February 5 post on its Facebook page that appeared to be an attempt to drive public opinion against the Lummi Nation’s strong oppositional stance to GPT. That post was referenced in a February 20, 2015 article published on the “Coal Stop” blog; however that post is no longer displayed on SAVEWhatcom’s Facebook page. It should be noted that the SAVEWhatcom Facebook page name was changed to “Liberty Road” on June 17, 2015.

In that February 5 Facebook post, SAVEWhatcom made a defamatory statement saying that the Lummi Nation’s Silver Reef Casino’s “purpose” is to take people’s wages and social security checks. Statements like this create resentment, and/or can fuel the already present resentment from individuals and groups about Lummi Nation and its efforts to protect its treaty rights.

Besides using her SML talk show on KGMI radio as a promotional platform for the GPT project, SAVEWhatcom PAC Campaign Manager Halterman used her radio show to host anti-tribal treaty and tribal sovereignty guests such as Elaine Willman, a board member and former chair of the Citizens Equal Rights Alliance (CERA), and former Whatcom County Council member Marlene Dawson, who has worked tirelessly to undermine the Treaty of Point Elliott between local Indian tribes and the United States

Halterman and fellow KGMI radio host Dick Donahue promoted the April 6, 2013 “Citizens Equal Rights Alliance Educational Conference” on Federal Indian Policy, held by CERA and its sister organization, Citizens Equal Rights Foundation (CERF) on their radio programs. The conference was held at the Lakeway Inn, in Bellingham, Washington. Terri Hansen, an award-winning Native American journalist and correspondent for Indian Country Today Media Network, reported, “CERA and its sister, Citizens Equal Rights Foundation (CERF), are the foremost anti-sovereignty, anti-treaty organizations in the U.S. anti-Indian movement.” CERA has been called the “The Ku Klux Klan of Indian Country.”.

CERA board member Elaine Willman speaking at the September 26, 2015 CERA “Regional Education Conference” held at the Red Lion Hotel in Kalispell, MT

CERA board member Elaine Willman speaking at the September 26, 2015 CERA “Regional Education Conference” held at the Red Lion Hotel in Kalispell, MT

Charles Tanner, a longtime civil and human rights activist who has conducted research and public education on white supremacist and anti-Indian movements, authored an April 26, 2013 report on the CERA/CERF conference in Bellingham. Tanner reported that, “KGMI talk show hosts Kris Halterman and Dick Donahue both attended the conference. . .A broadcast of Halterman interviewing CERA leaders played as attendees trickled into the conference room.”

RALLYING RESENTMENT

The recent efforts by GPT advocate NWJA, are illustrative of an escalated pattern of rallying resentment of tribal treaty rights, specifically those of the Lummi Nation, and undermining the government-to-government relationship between their Nation and the U.S. government. A copy of NWJA’s August 20, 2015 letter to the Corps was attached to NWJA’s equally inflammatory September 10, 2015 press release in a set of documents linked-to in the previously mentioned September 11 Bellingham Herald article. The underlined (by NWJA) language in both the letter to the Corps and the press release call for a second look. Those excerpts, italicized in this blog’s format, are below.

From the September 10, 2015 NWJA Press Release:US Army Corps Asked to Avoid Involvement in Lummi Land Scheme” (headline)“The Northwest Jobs Alliance has asked the US Army Corps of Engineers and other government officials to disassociate themselves from a plan by the Lummi Nation to annex Cherry Point to its reservation.

From the August 20, 2015 NWJA letter to the Army Corps:While the Lummi people themselves and their treaty rights deserve great respect, this ploy to snatch non-tribal land is just plain wrong.

Lummi Nation has every right to avail itself of any legal avenue its people have to protect their treaty rights, tribal sovereignty, culture, and archaeological and natural resources. In spite of this, NWJA made allegations in the above excerpts that are unsubstantiated, using words that seek to paint Lummi motives for invoking their treaty rights as unscrupulous.

Section of “Our Painted Responsibilities,” a collaborative participatory mural created during the 6,000 mile, 2014 Totem Pole Journey by people from many different tribal nations

Section of “Our Painted Responsibilities,” a collaborative participatory mural created during the 6,000 mile, 2014 Totem Pole Journey by people from many different tribal nations

Kris Halterman acknowledged on her September 12, 2015 KGMI radio show that the documents and the allegations that accompanied them, presented by NWJA to these government agencies, were based only on a suspicion: “. . .in order for, for us to ever have a, a pathway to progress for any of the, the public needs here, we have to have open honest and truthful discussions. And when you find documents that, that, that lead you to suspect, not know one hundred percent, but suspect, that part of the reason they’re, they’re [the Lummi] trying to stop this project, would be for some other alternative, you know, purpose.”

It is hard to view such actions as anything but an anti-Indian campaign. Along with taking its maligning and unfounded accusations made against a Native American Nation to the public, Owens’ Huntley’s and Cole’s Northwest Jobs Alliance has brazenly asked the U.S. Army Corps of Engineers to take action that would serve to diminish or abrogate Lummi treaty rights.

***

This article was first published at Coal Stop.  Please see the Coal Stop Posts Page for a list of title links for all Coal Stop blog posts.  No one’s views expressed here represent that of any collective on Coal Stop.  We are all just saying what we, as individuals, think and believe after our research and consideration.  We offer references when appropriate and encourage our audience to check facts, research more, and contribute their own views.  

Activists March Against Nestlé On Bridge of The Gods

Activists March Against Nestlé On Bridge of The Gods

August 29, 2015

This morning, activists marched across The Bridge of the Gods to protest a proposed Nestlé bottled-water plant at Cascade Locks, Oregon.

20150829-083317-Edit

The bridge is only opened once a year for pedestrian traffic. Hundreds of sightseers and community members gather for the stunning view of the Columbia River. Today, they were joined by twenty protesters, who marched with a bridge-spanning banner that read: “Stop Nestlé By Any Means Necessary.”

Nestlé is the world’s largest food and beverage firm. Despite a history of human rights abuses, this Switzerland-based corporation has made billions privatizing public water supplies around the world.

Their planned bottling facility in the Columbia River Gorge would siphon off 118 million gallons of water every year from Oxbow Springs. Opposition is widespread, especially from indigenous communities.

“Nestlé already has millions, they don’t need our water,” said Ernest J. Edwards of the Yakama Nation. “Our water is for the salmon.”

Treaties made with the Confederated Tribes of Warm Springs recognize their fishing rights. Tribal member Anna Mae Leonard held a five-day hunger strike last week, surviving only on water from Oxbow Springs. Despite this community opposition, the State of Oregon and local governments have so far sided with Nestlé.

“The water of the Gorge does not belong to Nestlé. It belongs to the Salmon, to the forests, to all non-humans, and to the indigenous communities,” said protester Jules Freeman. “It’s a desecration to bottle this water in toxic plastic and sell it back to us for a profit.” Freeman is a member of Deep Green Resistance, the group that organized the protest.

Opposition to Nestlé bottled water plants has been successful in the past; projects in Florida, Wisconsin, California, and elsewhere were scrapped after communities rose up in defiance. Freeman thinks the same can be done here.

“The community does not want this, but the government has not listened. But it doesn’t matter: if they won’t stop Nestlé, we will.”

If you are concerned about the Nestlé project, contact Oregon Governor Kate Brown at 503-378-4582 and Oregon Department of Fish and Wildlife Director Curt Melcher at 503-947-6044.

Lummi Nation Chairman Ballew to Senator Daines: ‘That Day is No More’

Editor’s Note: An original, unabridged version of this article is available at Coal Stop.  You can read more and sign up for updates on the proposed Gateway Pacific Terminal at their website.

By  / Intercontinental Cry

United States Senator Steve Daines (R-MT) is on a mission to do whatever it takes to get the Gateway Pacific Terminal (GPT), a 48 million metric-ton-per-year coal export terminal, permitted and built. The GPT project is proposed in Whatcom County, Washington, and would be sited at Xwe’chi’eXen (Cherry Point), along the shoreline, which is part of the Lummi Nation’s traditional fishing area. The company proposing GPT is Pacific International Terminals (PIT), a subsidiary created for the project by SSA Marine.

Tens of thousands of people who steadfastly oppose GPT are standing in the way of Senator Daines, SSA/PIT, and the coal companies like Cloud Peak Energy which have financial interests in seeing that GPT is built and operating. Also standing in the way is the Lummi Indian Tribe, a sovereign nation, standing tall in defense of its treaty rights.

On July 29, Senator Daines’ official website featured a press release about the senator and Congressman Ryan Zinke (R-MT), having led a group of sixteen senators and seventeen members of the House in sending two July 28, 2015 letters (one from the Senate and one from the House) to the U.S. Army Corps of Engineers. The letters urged U.S. Assistant Secretary of the Army Jo-Ellen Darcy, to complete the environmental review process for the proposed GPT project prior to the Corps making a determination whether impacts to any tribes’ U&A (usual and accustomed) treaty fishing rights are more than de minimis, or too trivial to warrant legal review.’

An August 3, 2015 Lummi Nation press release announced that Lummi Indian Business Council (LIBC) Chairman Tim Ballew II sent an August 3 letter to Senator Daines, cc’d to the thirty-two legislators who signed onto those letters, and the Senate Committee on Indian Affairs. In his letter, Ballew reminded them of the U.S. government’s obligation to protect and preserve the Lummi Nation’s treaty fishing rights.

BACKGROUND LEADING UP TO DAINES’ RECENT ACTIONS

In determining whether Lummi Nation’s treaty-guaranteed rights of access to its U&A fishing grounds and stations, and harvest of fish, would be adversely impacted by GPT, the Corps will be applying a de minimis threshold standard. Any impacts considered to be greater than de minimis by the Corps would warrant the GPT permit denial requested by the Lummi Nation.

The fact that the Corps “owes the highest fiduciary duty to protect Indian contract rights as embodied by treaties” is entrenched in case law. That solemn duty and obligation owed to the Lummi Nation by the U.S. federal government is something the agency takes extremely seriously, and addresses separately from any Environmental Impact Statement (EIS) the Corps is tasked with on proposed projects.

Treaty fishing rights of the Lummi are secured to them by the U.S. federal government in the Treaty of Point Elliott of 1855. Article 5 of the Treaty provides that, “The right of taking fish from usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the Territory. . .”

XWE’CHI’EXEN: WHAT IT MEANS TO THE LUMMI

 

Lummi Nation’s Sovereignty and Treaty Protection Office Director Jewell James provided some important insight on the significance of Xwe’chi’eXen (Cherry Point) to the Lummi, in the August 2013 issue of Whatcom Watch:

The Lummi have usual and accustomed fishing grounds scattered throughout the San Juan Islands and on the mainland of Whatcom County up to the Canadian border. Not only were our (fishing) village sites located throughout the territory, but the associated burial grounds are located at these sites, as well. Among the most important of these cultural landscapes is Xwe’chi’eXen (Cherry Point).

LIBC Chairman Tim Ballew sent a January 5, 2015 letter to the Army Corps of Engineers, asking the Corps to take action and immediately deny SSA/PIT’s permit application for the proposed GPT project. Ballew wrote:

Review of the impacts associated with this project, including, but not limited to, those analyzed in the Gateway Pacific Terminal Vessell [sic] Traffic and Risk Assessment Study lead to the inescapable conclusion that the proposed project will directly result in a substantial impairment of the treaty rights of the Lummi Nation throughout the Nation’s ‘usual and accustomed’ fishing areas. The Lummi have harvested at this location since time immemorial and plan to continue into the future.

SENATOR ATTEMPTS TO BLOCK ARMY CORPS’ DECISION-MAKING PROCESS

It’s also not surprising that the legislators who signed onto the July 28 letters to the Army Corps, altogether, received over $400,000 in contributions in 2014, from the same GPT-related interests listed above.  It’s no surprise that Senator Daines is willing to be Montana coal industry’s point person on the proposed GPT project, because according to opensecrets.org, in 2014, Daines received over $50,000 in total campaign donations from the following contributors connected to the GPT project: Cloud Peak Energy, SSA Marine, FRS Capital Corp. (ultimate parent company of SSA Marine), Peabody Energy, BNSF, Boich Companies (part owner of Global Coal Sales Group, and the National Mining Association (an active advocate for the coal industry).

According to the August 3 Lummi Nation press release previously mentioned in this article, it turns out that the two July 28 letters sent to the Corps by the thirty-two legislators came after three failed attempts by Senator Daines to attach a specifically crafted amendment to various pieces of unrelated legislation. The amendments were designed to try to prohibit the Army Corps from making its determination regarding the Lummi Nation’s treaty fishing rights relating to GPT, before the final EIS would be completed for the project.

Excerpt of Senate Amendment (S.A.) 1809, proposed by Senator Daines on June 8, 2015

Excerpt of Senate Amendment (S.A.) 1809, proposed by Senator Daines on June 8, 2015

 

One of those amendments, Senate Amendment (S.A.) 1809, was proposed by Senator Daines on June 8. It was an amendment to Senator John McCain’s (R-AZ) Senate Amendment (SA 1463) attached to a piece of unrelated legislation, the National Defense Authorization Act (H.R. 1735) for fiscal year 2016.

Another example of Senator Daines’ attack on Lummi treaty rights was cited in LIBC Chairman Tim Ballew’s August 3 letter to the senator. His letter included a copy of the language that Daines apparently tried to insert as a proposed amendment to yet another piece of unrelated legislation (H.R. 22). The amendment text was the same language that was proposed in S.A. 1809.An excerpt from S.A. 1809 reads, “The Corps of Engineers shall not make any determination regarding usual and accustomed fishing places in connection with the Gateway Pacific Terminal project until after the Corps issues a final environmental impact statement. . .” S.A. 1809 never received debate as it was withdrawn, so it did not move forward to a vote.

Chairman Ballew admonished Senator Daines in the August 3 Lummi Nation press release:

Senator Daines has repeatedly sought to interfere in the Army Corps’ regulatory review process by seeking to attach legislative amendments to various bills moving through Congress. It’s unconscionable that, as a member of the Senate Indian Affairs Committee, he chooses to ignore treaty rights. He has repeatedly tried to diminish the rights of the Lummi Nation using “middle-of-the-night” stealth legislative tactics that have prevented stakeholders from weighing in.

BURYING AMENDMENTS IN UNRELATED LEGISLATION TO BURY TREATY RIGHTS

Amendments are often attached to unrelated bills, but riders that undermine treaties and sacred sites are particularly egregious. In December 2014, Senator McCain successfully buried an amendment he attached to the 1600-page 2015 National Defense Authorization Act (H.R. 4435). The must-pass NDAA legislation that Congress moves yearly was used as a vehicle by McCain to pass a morally suspect public lands exchange package involving land at Oak Flat, in Eastern Arizona.

Senator McCain’s “midnight” rider which disregards and diminishes treaty rights of the San Carlos Apache and other nearby tribes that he managed to sneak through in 2014, and the repeated legislative attempts by Senator Daines to trample Lummi treaty rights, illustrate the serious harm that can befall the Lummi Nation every single day that passes before the Army Corps makes its determination.

SSA Marine’s vice president Skip Sahlin, sent a May 12, 2015 letter to the Army Corps asking for an extension to respond to the Lummi Nation’s request to the Corps for an immediate denial of the GPT permit application because the terminal would interfere and impinge on the Nation’s treaty-protected fishing rights. In that letter, Sahlin claimed that allowing SSA/PIT the requested additional time “will not harm the Tribe or its treaty rights. . .”

The treaty rights of the Lummi Nation are under attack, and their Nation has had to expend untold efforts to defend those rights secured to them in 1855 by the United States. Every day that passes as the Army Corps is making its decision on the fate of the GPT permit, is another opportunity for coal-backed legislators such as Senator Daines to craft legislation aimed at weakening Lummi Nation’s treaty rights. Reasonable persons would conclude that despite Mr. Sahlin’s claim to the contrary, harm has been done to the Lummi Nation each day that has passed since February 2011, when SSA/PIT first submitted the application for its proposed GPT project to Whatcom County’s planning department.

Chairman Ballew made it clear in his letter to Senator Daines that the Lummi Nation will fight resolutely to defend and protect its treaty rights: “I can assure you, that if the Lummi Nation’s Treaty Fishing Rights are jeopardized by any efforts to allow the project to proceed, we will fight vigorously by all means necessary. In times past, our Nation and its leaders did not have the resources and were unable to stop prior efforts to construct commercial terminals in our region. That day is no more.”

From Intercontinental Cry

Liberalism’s Game: the Failure of Settler Solidarity in Hawai’i

Liberalism’s Game: the Failure of Settler Solidarity in Hawai’i

Editor’s Note: For further analysis of effective resistance movements, please visit the Deep Green Resistance Book, and read about our strategy: Decisive Ecological Warfare.

By Will Falk / Deep Green Resistance

When I am in Hawai’i, I ask everyone I meet if the United States will ever voluntarily de-occupy the Islands. No one ever says yes. Usually, before I can say anything else, people hurriedly start talking about the lack of a valid treaty or that the American occupation is illegal by their own laws or that the United States will pay for its human rights violations.

I am a haole in Hawai’i, a white settler in the United States. I acknowledge that every square inch of the United States of America exists on stolen native land. Leadership in land based struggles in the United States rests most properly in the hands of indigenous peoples. I will not undermine indigenous leadership, so I direct my thoughts to other settlers.

If no one believes that the United Sates will ever voluntarily de-occupy Hawai’i, why are so many of the movement’s settler supporters so focused on achieving this impossible voluntary withdrawal? Why, for example, do so many settlers spend so much energy supporting a parade in Oahu – a parade that is billed as a march for Hawaiian sovereignty while quietly being a voting drive to encourage participation in the occupying American government? Why do so many settlers hold up expensive court cases relying on American judges who are paid by the American government to make decisions leading to this mythical voluntary de-occupation as the only viable means for de-occupation?

The first answer is privilege. Settlers benefit from the current arrangement of power in Hawai’i. These Islands represent the tourist fantasy to many settlers despite the fact that Hawai’i’s life support systems are inches away from total collapse. The inability of settler support to recognize that Hawaiian de-occupation is our responsibility leads me to conclude that most settlers are not as concerned with Hawaiian liberation as they are concerned with maintaining a feel-good environment that balances settler crises of conscience while never threatening settler access to Hawai’i. Hawai’i does not have time to coax these settlers from their positions of privilege. So, I direct my thoughts to settlers of strong heart who simply suffer from a lack of analysis.

Apart from privilege, the second reason settlers have proven unable to mount a serious solidarity effort with the Hawaiian de-occupation movement is they see no alternative to a liberal mindset. “Wait a minute,” I hear a lot of confused readers saying, “Aren’t liberals good?” No, actually. It’s too late to rely exclusively on liberalism. Hawai’i has been cursed for 122 years of occupation with too much liberalism. Liberalism is the haoles’ game. Liberalism serves the United States of America. Liberalism renders resistance ineffective and must be forsaken if de-occupation is to be achieved.

The alternative is radicalism. An examination of the differences between the liberal and radical world views will demonstrate how radicalism arms settlers seeking to demonstrate true solidarity with a better analysis for forming an effective de-occupation strategy. This is not to say that a mixture of tactics cannot be effective. The Hawaiian de-occupation movement should not remove any tool from the table, but the longer Hawai’i remains occupied the clearer it becomes that decisive action is needed.

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Before I begin, I would like to absolve the term “radical” of the bad reputation it has received in popular circles. Too many people confuse the word “radical” with the word “extreme.” But, as the great African-American activist Angela Davis has explained and as every major dictionary will tell you, the word radical simply means “getting to the root” and is most properly applied to political analyses that seek the origins of oppression.

The brilliant writer and activist Lierre Keith has pointed out two fundamental differences between liberals and radicals. The first difference revolves around individualism. Liberals believe that the basic social unit is the individual, while radicals believe the basic social unit is group or class. This reliance on individualism allows liberals to claim that every individual is entitled to their personal identity free from the realities accompanying social class. In fact, for many liberals, it is an insult to be identified with a certain group regardless of political reality.

For radicals, on the other hand, each individual is socially constructed by political reality. Radicals embrace their social group recognizing it as a source of strength. The first step to affecting change is making common cause with those who share your condition.

The other big difference between liberals and radicals is a disagreement on the nature of social reality. Liberals subscribe to a certain idealism while radicals root their analysis in materialism. For liberals, thoughts, mental states, and attitudes are the only sources and, therefore, solutions for oppression. Liberals locate reality in the human mind and tend to think that education is always the key to social change. For liberals, evil is a misunderstanding and if oppressors can just be shown the error of their ways, they will change.

How does this play out in Hawai’i? Take the role of white supremacism in the domination of Hawai’i, for example. Liberals, long ago, succumbed to the lie that racism and white supremacism are merely emotional states held in the hearts of individuals. They confine the definition of racism to hatred based on the color of one’s skin and confine the definition of white supremacism to hatred for everyone who is not white.

It is astronomers relying on a liberal definition of racism who can claim they are not racist because they hold no hatred in their hearts for the Hawaiian people while still insisting on destroying Mauna Kea’s summit to build telescopes. It is mining executives relying on a liberal definition of white supremacism who can claim no hatred in their hearts for native peoples while insisting that the guts be ripped from native land and poisons pumped into native waters to provide iron ore for the telescopes that destroy native peoples’ sacred sites.

Radicals see tangible systems of power maintained through force and working in the real, physical world as the sources and solutions of oppression. Education is an important first step to building radical consciousness, but they see organized political resistance and force as the means by which real change is achieved. Evil is not a misunderstanding. It is intentional and gives material benefits to oppressors. Oppression is always linked to resource extraction.

An emotional state – like hatred – might contribute to white supremacism, but radicals are less concerned with changing the hearts and minds of those murdering people of color and murdering the world, and more concerned with stopping the destruction. Hawaiian radicals, like Haunani-Kay Trask, for example, see racism as, “A historically created system of power in which one racial/ethnic group dominates another racial/ethnic group for the benefit of the dominating group.” White supremacism is the latest version of this system of power with white people dominating everyone else.

Racism and white supremacism establish, “Economic and cultural domination as well as political power…in the systemic dominance of the exploiting group.” Finally, radicals recognize, as Trask pointed out, that the dominating group holds a monopoly on the means on violence. It is this violence that must be confronted and dismantled if racism and white supremacism are ever truly going to be undermined.

To take this even further, consider what would happen if the liberal analysis was carried out to it’s logical conclusion. Imagine that liberals were actually successful at convincing those in power to treat every one in the world with love and kindness. Without a corresponding change in material reality, there would still be a huge problem. The dominant culture is built on the exploitation of natural resources. Resources are becoming scarcer and scarcer. Humans need to eat, for example, but topsoil is so depleted that major crops are all supported by oil. What will happen, despite the liberal conversion to loving kindness, when the dominant culture needs oil and indigenous peoples and others refuse to give up their lands to give them that oil?

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A primary strength of the radical analysis is its ability to articulate the role power plays in oppression. Gene Sharp, the world’s foremost authority on civil disobedience and direct action tactics, has identified two manifestations of power – social and political. Social power, for Sharp, is “the totality of all influences and pressures which can be used and applied to groups of people, either to attempt to control the behavior of others directly or indirectly.” Political power is “the total authority, influence, pressure, and coercion which may be applied to achieve or prevent the implementation of the wishes of the power-holder.”

The powerful do everything they can to convince the oppressed that the current arrangement of power is inevitable. To believe power is inevitable is a mistake. Sharp says, “Power, in reality, is fragile, always dependent for its strength and existence upon a replenishment of its sources by the cooperation of a multitude of institutions and people – cooperation which may or may not continue.” The key to Hawaiian de-occupation, then, is dismantling American power. Power is dismantled most effectively by cutting it off at its sources.

Sharp lists six sources of power: authority, human resources, skills and knowledge, intangible factors, material resources, and sanctions. Jacques Maritain defines authority as “the right to command and direct, to be heard or obeyed by others” and Sharp notes that it is enough that those in power be perceived and accepted as superior. Human resources are simply defined as the number of people who obey those in power and will do their bidding. Those in power derive power from the skills, knowledge, and abilities of those who will do their bidding. Closely tied to skills and knowledge, intangible psychological and ideological factors like cultural history and spirituality can be leveraged by those in power to dominate others. Those in power need material resources like property, money, and sources of energy to maintain their power. Finally, those in power must have means to enforce obedience – punishment, in other words, for those who dissent.

The goal of any resistance movement aspiring to true success must engage in shrewd target selection to undermine these sources of power. Taking Sharp a step further, it is possible to prioritize which sources of power are more essential to the functioning of power than others. The most important sources of power are the material resources power depends upon and the brutality of the sanctions they can enact through their commitment to the exploitation of resources. All the other sources of power ultimately depend on the ability of those in power to enforce their power physically. This is a radical conclusion and can be easily demonstrated.

Consider the Overthrow. Did Queen Liliuokalani abdicate the throne because she believed in American authority or the inherent right of Americans to command Hawaiians? Did the Americans command more people to do their bidding in Hawai’i than the Queen? Was Queen Liliuokalani victim to some psychological failing that the Americans exploited?

The answer is obviously no. At the time, Kingdom of Hawai’i supporters outnumbered the Americans over 13 to 1 on the Islands and constituted 4/5 of the legally qualified voters in Hawai’i. Queen Liliuokalani abdicated the throne in order to avoid bloodshed and, according to her June 17, 1897 letter to President William McKinley, because she, “recognized the futility of a conflict with so formidable a power.”

Queen Liliuokalani abdicated the throne because there were 200 United States marines, holding rifles, standing outside her door. Again, it wasn’t the moral superiority of Americans that convinced the Queen. It was, quite clearly, the threat of violence. It is important to understand the physical processes that allowed the Americans to exert that kind of power in Hawai’i. Another way to understand this is to ask, How did a nation existing thousands of miles away on another continent succeed in pointing 200 rifles at Queen Liliuokalani? The answer is, superior material resources.

In order to occupy Hawai’i, Europeans had to get there first. The only way Europeans ever got to Hawai’i and then transported themselves in numbers great enough to gain power was through the use of large naval ships. In order to build these ships, those in power needed wood and lots of it. The U.S.S. Boston that provided the marines and firepower for the Overthrow was in fact one of the American navy’s first steel warships. In order to produce the steel needed to armor the U.S.S. Boston, iron ore must be harvested. To turn iron ore into steel, vast quantities of coal are needed. To mine sufficient quantities of coal, vast tracts of land housing this coal have to be ripped up. To gain access to these vast tracts of land to be ripped up, the indigenous peoples of that land have to be removed or destroyed.

It is true that the other sources of power support the exploitation of the natural world as we can see in the manufacturing of American naval ships. Coal mining, for example, requires human resources. Most humans will not voluntarily mine coal, so those in power have to employ a mixture of authority, psychological coercion, and pure violence to access the coal they need to exert more power. But, the whole system of violence requires material resources. No one is killed by authority alone. Mountain tops are not ripped off by simple knowledge. Belief systems, by themselves, do not colonize indigenous lands. Material action in the physical world produces power. Bullets, swords, or atomic bombs at various stages of human history kill people. Oil-powered excavators and dynamite blow the tops off mountains. Soldiers delivering blankets infected with small pox clear indigenous peoples off their land.

The good news is that the more destructive those in power become, the more complex their system of murder gets, the more opportunities they expose for dismantling their power. Each step in the manufacturing of the U.S.S Boston, for example, presents an opportunity for resisters to stop the replenishment of power at one of its sources. The method is simple. Restrict those in power access to the resources they require and their power weakens. Cut them completely off, and empire comes crashing down.

The physical processes that produce warships and put rifles and cannons in the hands of American troops in Hawai’i follow a similar pattern. These processes are ultimately what make civilization unsustainable. These processes demonstrate precisely how the civilized have come to dominate the world at the expense of the uncivilized and life on this planet. Again, this present state of the world is not inevitable. It is the result of power built through the exploitation of life on the planet. The problem for life right now is the American empire shows no signs of slowing. The bigger their weapons become the faster life is pushed to the brink of total extinction.

Radicalism, then – because it springs from material reality – gives the Hawaiian de-occupation movement an ecological imperative. European contact has resulted in half of Hawai’i’s endemic species being lost to extinction. How many more species must be lost before actions that truly reflect the seriousness of the situation are taken? The American empire is built on the use of fossil fuels and the American military is the single largest consumer of fossil fuels in the world. Burning fossil fuels must be stopped to avoid climate catastrophe. The American military presence is, perhaps, the most serious physical obstacle confronting the de-occupation movement. Blocking the military’s access to imported fossil fuels, then, could deal a decisive blow both to American power on the Islands and American environmental destruction.

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This is the reality of the challenge confronting the Hawaiian de-occupation movement:The United States will never voluntarily leave Hawai’i and the survival of life on the Islands demands de-occupation. Too many settler liberals would have everyone believe that if Hawaiians just ask nicely enough, or cleverly enough, or with irrefutable American logic, the Americans will leave. Too many settler liberals hold up the American political and international legal systems as the only means for de-occupation. Too many settler liberals can be relied upon for sign-holding events, parades, and social media campaigns to achieve de-occupation, but when it comes down to being accomplices to Hawaiian liberation, we are failing.

Appealing to the American political system hasn’t worked in 122 years. Appealing to the international legal system misunderstands the material reality of power. These liberal tactics can be employed to erode American authority, to persuade humans not to support American power, but there are more decisive routes to undermining American power. It’s not that liberal tactics do not have their place. But, by themselves, they do not undermine power in any serious way.

Time is short in Hawai’i. Settlers wishing to demonstrate true solidarity need to embrace a radical analysis. It is time to get to work seriously dismantling the sources of American power.

Will Falk has been working and living with protesters on Mauna Kea who are attempting to block construction of an 18-story astronomical observatory.

Find an index of Will Falk’s “Protecting Mauna Kea” essays, plus other resources, at:
Deep Green Resistance Hawai’i: Protect Mauna Kea from the Thirty Meter Telescope