The Ugly Underbelly of Corporations’ Pursuit of a Coal Terminal

The Ugly Underbelly of Corporations’ Pursuit of a Coal Terminal

Featured image: September 21, 2012: Members of the Lummi Nation protest the proposed coal export terminal at Cherry Point by burning a large check stamped “Non-Negotiable.” The tribe says they want to protect the natural and cultural heritage of the site.  Photo by Indian Country Today Media Network.

By Sandy Robson / Coal Stop

The Lynden Tribune newspaper made the decision to publish a December 23, 2015 opinion piece submitted by Chair John Huntley and President Brad Owens of the Northwest Jobs Alliance (NWJA). The NWJA advocates for the proposed Gateway Pacific Terminal (GPT) project. Their op-ed leveled unsubstantiated, defamatory allegations at unnamed “leadership” of the Lummi Nation, a self-governing Indian Nation, and those allegations could easily be perceived as having been leveled at Lummi Nation as a whole.

welcome at lummi painting

Canoe and murals in the Lummi Administrative Building

The Lummi, a Coast Salish people, are the original inhabitants of Washington state’s northernmost coast and southern British Columbia. The Lummi Reservation is located in western Whatcom County, and it is governed by the Lummi Indian Business Council (LIBC), an eleven member tribal council.

lynden tribune nwja op ed onlineNWJA’s December 23, 2015 Lynden Tribune op-ed claimed that “the current leadership of the Lummi Nation has embarked upon a campaign against the working families of Whatcom County.” In an attempt to support that inflammatory claim, NWJA pointed to a December 10, 2015 letter from Kirk Vinish of the Lummi Nation’s Planning Department. However, a review of that 2-page letter produced no evidence to support such a claim.

In contrast, NWJA has left a trail of evidence demonstrating its continued pattern of negative messaging to raise resentment about, and discredit, the Lummi Nation’s opposition to GPT by sending accusatory letters  to the Army Corps and Whatcom County, and by disseminating similar accusatory messaging to the public, via the NWJA email list and a press release sent to local media.

In NWJA’s opinion piece, Huntley and Owens also alleged that Lummi Nation leaders are proposing the elimination of existing Cherry Point industry jobs. They provided no evidence whatsoever to support such a claim.

nwja dec 22 comment to planning

Excerpt from NWJA’s December 22 comment letter to the Whatcom County Planning Commission

As if it weren’t bad enough that NWJA submitted its defamatory op-ed for publication in a local newspaper, the Alliance launched a second strike aimed at Lummi Nation leadership the day before, by submitting a December 22 comment letter to the Whatcom County Planning Commission, on the currently ongoing Whatcom County Comprehensive Plan Update.

The comment letter was a slightly revised version of NWJA’s op-ed published in the Lynden Tribune, containing the same unsubstantiated accusations. NWJA’s inflammatory comment letter is now part of the official public comment record for the County Comprehensive Plan Update which the Whatcom County Council will review prior to voting on the final language to be included in the plan update. The fact that the Council is also one of the decision makers on permits needed by PIT for its GPT project makes NWJA’s comment letter “comprehensively” reprehensible.

GPT threatens Lummi treaty rights

GPT would be sited along the Salish Sea shoreline, at Xwe’chi’eXen, part of the Lummi Nation’s traditional fishing area. Xwe’chi’eXen is the Lummi peoples’ ancestral name for Cherry Point, an area which has a deep cultural, historic and spiritual significance to the Lummi people, as it was a village site for their ancestors for over 175 generations.

The projected coal export terminal threatens Lummi treaty rights, the salmon they depend on, their Schelangen (“Way of Life”), and the cultural integrity of Xwe’chi’eXen. LIBC Chairman Tim Ballew II sent a January 5, 2015 letter to the U.S. Army Corps of Engineers Seattle District Commander, Colonel John G. Buck, asking the agency to take immediate action to deny the GPT permit application.

In that letter, Chairman Ballew stated that the GPT 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.” Ballew also wrote that “The Lummi Nation is opposed to this project due to the cultural and spiritual significance of Xwe’chi’eXen, and intends to use all means necessary to protect it.” He added that the Lummi Nation has a sacred obligation to protect Xwe’chi’eXen based on that significance.

sacred place violated

Page excerpt from “Protecting Treaty Rights, Sacred Places, and Lifeways: Coal vs. Communites,” presented by Jewell James, Lummi Tribal Member and Head Carver, Lummi Tribe’s House of Tears Carvers

The U.S. Army Corps of Engineers (“the Corps”) is the federal agency tasked with coordinating and handling the environmental review for the GPT project, and it is legally obligated to ensure that the Lummi Nation’s treaty rights are protected, and are not violated. Currently, the Corps is in the process of making a determination as to whether impacts to any tribes’ U&A (usual and accustomed) treaty fishing rights are more than de minimis, meaning too small or trivial to warrant legal review.

article 6 of the constitution

Article VI of the U.S. Constitution which includes the clause that establishes treaties made under its authority, are the supreme law of the land

SSA Marine consultant Craig Cole, Director for NWJA

The Northwest Jobs Alliance (NWJA) was created to promote and advocate for the GPT project. For the first few years, NWJA consisted solely of a Facebook page, after that page had been created in May of 2011. NWJA’s original mission statement that had been displayed for years on its Facebook page read: “The Alliance focuses their efforts on supporting the Gateway Pacific Terminal. . .”  For almost three years, NWJA’s Facebook page showed “www.gatewaypacificterminal.com” as its website address, and the phone number displayed had been a non-working number.

Several articles appeared in Whatcom County citizen-based publications during the summer and fall of 2014, criticizing the legitimacy of the NWJA and likening it to a front group, as it did not have a working phone number or a website other than the official GPT website. Subsequently, NWJA made some changes. In fall of 2014, the NWJA added a working phone number, created a website for its online presence, and changed its listed website address on its Facebook page from “gatewaypacificterminal.com” to “NWJA.org.”

Presently, the NWJA website states the following as its mission: “The Northwest Jobs Alliance (NWJA) promotes the growth of family-wage jobs in the context of sound environmental practice.” Also, there is no mention of GPT on the NWJA website’s Home page where the organization’s mission and focus are explained. Instead the general term “Cherry Point industrial area” is used.nwja registrationOn October 23, 2014, NWJA was filed as a non-profit corporation, according to the Washington Secretary of State website. SSA Marine’s paid local consultant for the GPT project, Bellingham resident Craig Cole, is the listed Director for NWJA.

nwja leaders photosSince its inception, NWJA has had a steady turnover of co-chairs, all of whom have been very public advocates for the GPT project. Presently, Brad Owens is listed as NWJA President and John Huntley is listed as NWJA Chair. Huntley owns Mills Electric, a Bellingham electrical contracting company. Owens, a Bellingham resident, is the past President of the NW Washington Building & Construction Trades Council.

Some people confuse the “Northwest Jobs Alliance” for another similarly titled GPT advocacy organization called the “Alliance for Northwest Jobs and Exports.” It’s worthwhile to distinguish between the two, although promoting the GPT project has been the central intended purpose of both groups.

Cloud Peak Energy and BNSF govern Alliance for NW Jobs & Exports

The Alliance for Northwest Jobs and Exports (ANWJE) was first presented to the public as a grass-roots organization, when it was actually created in 2012, by Edelman, the world’s largest public relations firm, which was hired by SSA Marine to do public relations work for the proposed GPT project.

anwje registrationAccording to the Washington Secretary of State website, ANWJE was filed as a non-profit corporationin July 2012. The “Governing Persons” listed are Todd O’Hair and Zak Andersen. Todd O’Hair is currently Senior Manager, Government Affairs for Cloud Peak Energy Inc. which has a 49% stake in SSA Marine/PIT’s GPT project. Zak Andersen is presently Assistant Vice President, Community and Public Affairs for BNSF Railway. anwje governing personsBNSF is the applicant for GPT’s interrelated Custer Spur project and would be the railway transporting coal mined in Montana and Wyoming to GPT. ANWJE’s website describes its group as a “non-profit trade organization that supports new export projects in Oregon and Washington State…”

BNSF Railway, SSA Marine, and Cloud Peak Energy are listed on the ANWJE’s membership list, which is comprised of companies and other entities which stand to benefit financially from the coal export terminal. So, this “non-profit trade organization” was created by the public relations firm hired by the GPT applicant, and it is governed by an employee of BNSF, the applicant for the interrelated Custer Spur project, and by an employee of Cloud Peak Energy, which has a 49% stake in SSA Marine/PIT’s GPT project.

NWJA’s attempt to drive public opinion against Lummi opposition to GPT

Whatcom Tea Party board member Kris Halterman hosts a local Whatcom County KGMI talk radio show, “Saturday Morning Live” (SML). On her September 12, 2015 SML show, Halterman hosted NWJA President Brad Owens, and together, they advanced an unsubstantiated, defamatory assertion that NWJA (the entity behind the Lynden Tribune op-ed) had previously purported in its August 20, 2015 letter to the Corps—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]

Joining in those activities against Lummi opposition to GPT, was the Political Action Committee SAVEWhatcom, headed up by Halterman, whose name pops up in most everything GPT-related. The SAVEWhatcom PAC was the vehicle for Gateway Pacific coal terminal interests to fund 2013 and 2014 local Whatcom County election political campaigns with over $160,000, which, if successful, would benefit those interests.

how ironic save whatcom

February 5, 2015 post from the SAVEWhatcom Facebook page

One month after the LIBC’s January 5, 2015 letter to the Corps, Halterman’s SAVEWhatcom placed a February 5 post on its Facebook page which disparaged the Lummi Nation and its Silver Reef Casino in what appeared to be an attempt to drive public opinion against the Lummi Nation’s strong oppositional stance to GPT.

Then, in an August 12, 2015 comment letter to the Whatcom County Planning Commission, NWJA seemed to pit “working families” who were characterized in the letter as “some of the very people who patronize Lummi enterprises”— against what was described as “tribal aspirations.” Echoing that previous tack of drawing attention to the Lummi Nation’s enterprises while at the same time denigrating the Nation with groundless claims, the NWJA referenced the Lummi Nation’s Silver Reef Casino in their December 23, 2015 Lynden Tribune op-ed. That excerpt read:

“And it saddens us to observe that the current leadership of the Lummi Nation has embarked upon a campaign against the working families of Whatcom County. These are some of the very families that patronize the Silver Reef Casino and other Lummi enterprises. Some thanks.”

Those specific repeated references to the Lummi Nation’s Silver Reef Casino and enterprises by SAVEWhatcom and the SSA Marine consultant-led NWJA, could be viewed as attempts to drive public opinion against the Lummi Nation’s Silver Reef enterprises—trying to change the minds of the Silver Reef’s loyal patrons who enjoy the hotel, spa, casino, entertainment/shows, multiple restaurants, convention and event venue, and more.

NWJA omits important statistics

NWJA’s December 23 opinion piece failed to mention that the Lummi Nation’s Silver Reef Hotel Casino & Spa employs 675 people. It also failed to mention any of the significant contributions from the Lummi Nation to Whatcom County’s community at large, which certainly have a positive impact on countless families and individuals in Whatcom County. For example, LIBC Chairman Tim Ballew stated in a May 2015 piece in The Bellingham Herald, that Lummi Nation was “humbled and honored to be able to give back to the people who work so hard to make our community thrive,” when referring to its Nation’s donations of over $600,000 awarded to 43 organizations. Some of those organizations include the Bellingham Food Bank, the Whatcom Literacy Council, and Whatcom County Fire District 8, to name a few.

NWJA stated in its December 23 op-ed and its December 22 comment letter to the County Planning Commission, that “Whatcom County ranks 30th out of 39 counties for personal income growth [Bellingham Herald 11/19/15].” In reading The Bellingham Herald article cited as a source for that statistic, NWJA did not bother to inform readers that while the per capita personal income average in Whatcom County increased 3.2% from 2013 to 2014, placing it 30th out of 39 counties in the state, Whatcom County’s 2014 per capita income total ranks 16th highest out of Washington’s 39 counties.

lummi planning letter to county planning

Excerpt from December 10, 2015 comment letter submitted to Whatcom County Planning and Development by the Lummi Nation Planning Department

In its December 23 op-ed, and in its December 22 comment letter NWJA sent to the Planning Commission, Huntley and Owens referenced specific language from the December 10, 2015 comment letter from Lummi Nation’s Planning Department submitted to Whatcom County Planning and Development. The specific language was a new policy that Lummi Nation recommended be added to the County Comprehensive Plan:

“The shipment of coal, or crude oil, from any new shipping terminal or pier, or any existing terminal or pier, is prohibited.” Huntley and Owens said they were troubled by the Lummi Nation’s recommendation and wrote:

“This echoes previous requests that the Lummi have made to the County to begin phasing out the Cherry Point heavy industrial zone.” No evidence, however, was provided by the NWJA to show any previous, or even current, requests from Lummi Nation to begin phasing out the Cherry Point heavy industrial zone.

The underbelly of their reasoning

One particular statement NWJA made in its August 12, 2015 comment letter to the County Planning Commission revealed the underbelly of their reasoning:

“The Lummi occupy an important and unique role in our community, but they are just 1.5% of the County’s population.”

NWJA repeated similar statements in its August 27, 2015 email advertisement disseminated via its mailing list, and in its September 10, 2015 press release, potentially indicating to their audiences a reason to marginalize and dismiss Lummi Nation’s voice based on the Lummi’s minority population status.

Just as “Manifest Destiny” mandated that it was supposedly God’s providence that the U.S. should exercise hegemony over its neighbors—seeing North America as the new Promised Land, NWJA and the GPT corporate interests they advocate for, seem to believe that it’s their economic providence to exercise hegemony over the Lummi Nation—seeing Xwe’chi’eXen (Cherry Point) and its naturally occurring deep-water contours which allow for huge Capesize vessels stuffed with U.S. coal bound for Asia, as their new Promised Land.

The Lummi Nation, however, and countless people in the Pacific Northwest region, have a very different view of their destiny, and that view does not include the transporting, handling, and shipping of 48 million metric tons per year of coal to Asia, which is the plan for GPT.

Raising resentment of tribal treaty rights; encouraging the public and government officials to ignore tribal treaty rights; calling into question the motivation behind an Indian Nation’s exercising of its tribal treaty rights; interfering with the federal regulatory review process and the government to government relationship between a U.S. federal agency and Indian Tribes and Indian Nations; and making disparaging and unsubstantiated accusations against an Indian Nation and its leaders, are some of the various ways in which the Lummi Nation is being attacked as powerful corporations endeavor to realize their perceived manifest destinies, in pursuit of a coal export terminal at Xwe’chi’eXen.

Lummi Tribal Leaders Rally in D.C. Against Nation’s Largest Coal Terminal

Lummi Tribal Leaders Rally in D.C. Against Nation’s Largest Coal Terminal

Lummi tribal leaders and members gathered last Thursday in Washington, D.C. to express concerns about treaty violations related to the proposed coal terminal and train railway for Cherry Point, Washington.

In addition to the Lummi Nation, tribal members and leaders from the Tulalip, Swinomish, Quinault, Lower Elwha Klallam, Yakama, Hoopa Valley, Nooksack and Spokane nations were in attendance.

Chairman of the Lummi Nation Tim Ballew II expressed his concerns last Thursday in Washington, D.C. to express concerns about treaty violations related to the proposed coal terminal and train railway for Cherry Point, Washington.

Chairman of the Lummi Nation Tim Ballew II expressed his concerns last Thursday in Washington, D.C. to express concerns about treaty violations related to the proposed coal terminal and train railway for Cherry Point, Washington.

Chairman of the Lummi Nation Tim Ballew II came to the podium and told attendees and news crews that the 1855 U.S. treaty with Pacific Northwest Native American tribes, and associated rights for the fishing, hunting and sacred grounds was in jeopardy.

“We’re taking a united stand against corporate interests that interfere with our treaty-protected rights,” said Tim Ballew II, chairman of the Lummi Indian Business Council. “Tribes across the nation and world are facing challenges from corporations that are set on development at any cost to our communities.”

According to a release, for three years, Northwest treaty tribes, including Lummi Nation, Swinomish Indian Tribal Community, Tulalip Tribes, and Yakama Nation, and the Columbia River Intertribal Fisheries Commission have provided government agencies and elected officials detailed letters identifying the impacts the terminal would have on treaty fishing rights, the environment, natural resources and the health of Washington.

 Lummi tribal members and sisters Billy Kennedy Jefferson, 18, Danielle Kennedy Jefferson, 16, and Kathrine Jefferson, 15, all from the Lummi Nation in western Washington state Photo: Vincent Schilling

Lummi tribal members and sisters Billy Kennedy Jefferson, 18, Danielle Kennedy Jefferson, 16, and Kathrine Jefferson, 15, all from the Lummi Nation in western Washington state Photo: Vincent Schilling

Additionally, the Affiliated Tribes of Northwest Indians, representing 57 tribes, has taken action to oppose the increased transport of unrefined fossil fuels of coal, Bakken shale oil, and tar sand oil across the Northwest. The proposed Gateway Pacific Terminal would impact thousands of acres of treaty land and fishing along the rivers and mountains. Tribes across the Northwest have concluded that the impacts of significant increases in rail and vessel transportation cannot be mitigated to any level that would protect tribal treaty rights.

The proposed Gateway Pacific Terminal (a subsidy of SSA Marine) would serve as a gateway to markets in domestics companies and Asia. The terminal would handle 60 million tons of commodities, mostly coal – but the project’s location includes Lummi ancestral burial sites and ancestral fishing grounds.

“The location of the pier will take away fishing grounds and the increase in vessel traffic would impede access of our fishermen to fishing grounds throughout our usual and accustomed areas.”

“We soundly reject developments that desecrate our sacred places and call on Congress to uphold our treaty-protected rights,” said Ballew.

“I credit the current administration for every year building on our efforts to help us rebuild our nations and I encourage them to continue that,” Ballew said. “We really want them to give this issue its due respect. It’s a human rights issue, it’s a treaty rights issue, and we need our sacred sites protected.”

“For thousands of years, Washington tribes have fought to protect all that is important for those who call this great state home. We live in a pollution-based economy and we can no longer allow industry and business to destroy our resources, water and land. No mitigation can pay for the magnitude of destruction to treaty resources for today and generations from now. As leaders, we need to protect our treaty resources, our economies, and the health of our citizens and neighbors.” said Brian Cladoosby, Chair, Swinomish Indian Tribal Community and president of the National Congress on American Indians in DC.

“The ancestors of all, Native and non-Native, witness those who have lost their integrity; the people of the present acknowledge as much; and the future generations will ask ‘Why did those ones who did not honor their own words allow it to happen?’ The past is the present and the future is now. The treaty is their word, our people trusted that word. Now, it seems to be just words. Do they lack the honor and integrity of their ancestors?” said Dave Brown Eagle, Vice-Chair, Spokane Tribal Business Council.

Dave Brown Eagle, Vice-Chair, Spokane Tribal Business Council at the White House Tribal Nations Council last week. Photo: Vincent Schilling

Dave Brown Eagle, Vice-Chair, Spokane Tribal Business Council at the White House Tribal Nations Council last week. Photo: Vincent Schilling

“Our treaty rights are not for sale. The Gateway Pacific Terminal project threatens our treaty-reserved rights and we do not support actions that would compromise or diminish the resources for which our ancestors sacrificed so much. There is no mitigation for the loss of our way of life or culture,” said Melvin R. Sheldon Jr., Chair, Tulalip Tribes.

“This issue affects all of us, we’re connected in ways that the U.S cannot even imagine,” said Tyson Johnston, Vice-President of the Quinault Indian Nation.

The project is currently under review by the Seattle district U.S. Army Corps of Engineers.  The State of Washington Department of Ecology has an environmental review listed here.

 

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.  

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

Dahr Jamail interviewed by Derrick Jensen about US Navy’s Northern Edge

This interview was conducted by Derrick Jensen for his Resistance Radio series. Find options to listen to this interview, or any in the series, at the Resistance Radio archive.

Dahr Jamail is an award winning journalist and author who is a full-time staff reporter for Truthout.org. His work is currently focusing on Anthropogenic Climate Disruption. We discuss the harm caused by massive military maneuvers off of Alaska.

Derrick Jensen: Something terrible is happening off the coast of Alaska. Can you tell me about that?

Dahr Jamail: The Navy is poised to begin what they call Northern Edge, a huge, joint exercise they’re doing in conjunction with the Air Force, Marines and Army. The Navy’s aspect is going to focus in a huge area – over 8,000 square nautical miles, off the coast of Alaska, between Cordova and Kodiak. In this giant rectangle they’re permitted to conduct active and passive sonar, weapons testing, and live-fire exercises, including bombs, missiles, bullets and torpedoes. It starts June 15th and continues for at least two weeks. They’re permitted to continue doing this year after year. Plans are in the works for them to request permits up to 2030.

What’s really troubling about this, aside from the obvious, is that the area in question is critical habitat for all five Alaska salmon species, as well as almost a dozen whale species, including the highly endangered North Pacific Right Whale, of which there are only about 30 left. It also includes dolphins and sea lions and hundreds of other marine species in the area. There are a dozen native tribes living along coastal Alaska who are going to be directly impacted by their subsistence living being damaged and poisoned: destroyed. Some of those tribes include the Eskimo, the Eyak, the Athabaskans, Tlingit, and the Shungnak and Aleut tribes,

There have been and continue to be uprisings in the communities in coastal Alaska against this. For example, the cities of both Kodiak and Cordova have passed resolutions opposing the Navy’s plans, but the Navy has basically thumbed their noses at these voices of protest and are loading up their bombs.

D.J.: How is this going to harm the creatures who live there?

Dahr J.: The Navy is permitted to release as much as 352,000 pounds of what they call ‘expended material’ every year. That includes the live munitions that I mentioned ― missiles, bombs, torpedoes, etc. ― but also other types of things that will be released into the marine environment. Just by way of example, one of the propellants in one of the missiles and torpedoes they want to use contains cyanide. The EPA’s ‘allowable’ limit of cyanide is one part per billion, and the type of cyanide in the Navy torpedo is going to be introducing cyanide into the waters of Alaska in the range of 140 to 150 parts per billion.

Other impacts include ‘takes’, which are basically a military bureaucratic way of covering over a death. The Navy’s own Environmental Impact Statement estimates that over the five-year period that their war games are going to be conducted, there will be over 182,000 takes.

There are two ways they’ll be killing marine mammals. First is direct impact of them literally being exploded by bombs or shot by bullets or internally hemorrhaged by massive sonar. Secondarily, essential behaviors will be disrupted like surfacing or having babies or nursing.

Over a dozen large ships will be roaming the area, preventing fisherfolks from using it. Natives relying on that area for subsistence fishing and living will not be able to carry that out.

D.J.: You mentioned sonar. Can you talk more about that?

Dahr J.: It’s not your average sonar that a transport vessel or a fisherperson might use to navigate or to track the depth of the water. We’re talking about weapons grade sonar. The Navy regularly conducts underwater sonar weapons testing. They’re developing different types of sonar that they’ve weaponized to use to knock out communications and electronics, and I think they’re aiming towards killing humans in Navy vessels from other countries.

The NRDC won a lawsuit against the Navy down off Southern California for using this type of sonar. They showed the Navy was knowingly, deleteriously impacting over nine million different marine biota ― fish, whales, etc. ― by the use of this sonar. There are well-documented cases around the globe of pods of whales, dolphins, etc., that get hit by this sonar, and then these mammals wash up on the shore. A lot of times you’ll see their ear drums are exploded and it causes internal hemorrhaging. There have been cases of dolphins washing up, literally with blood coming out of their heads because they happened to have been where the Navy is using this type of weapons grade sonar.

To be clear, this sonar is powerful enough to literally explode the eardrums of whales and dolphins. That is how these mammals communicate; that is how they navigate; having that ability destroyed or compromised in any way basically means these mammals are going to die. And when the Navy is using it in a way that literally explodes their internal organs to the point where blood is coming out of their head that gives you an idea of how powerful it is.

D.J.: Here is something I wrote in Endgame about a National Science Foundation ship that was using air guns to fire sonic blasts of up to 260 dB, to use for mapping the ocean floor: “Damage to human hearing begins at 85 dB, a police siren at 30 meters is 100 dB. And decibels are logarithmic, meaning that every 10 dB increase translates to ten times more intensity. And sounds ― because human perception is also logarithmic ― twice as loud.

So what that means is that the blast from those research vessels was ten quadrillion times more intense than a siren at 30 meters, and would sound to humans 16,384 times as loud. The sound of a jet taking off at 600 meters is 110 dB, a rock concert is 120 dB, and whales and other creatures are subjected to sounds 100 trillion times more intense than that. The threshold at which humans die from sound is 160dB.”

Dahr J.: That gives people an idea of what we’re talking about: the military developing sound to use it as a weapon. As though the oceans aren’t already suffering enough, from the extreme amount of plastic pollution you’ve written and talked about for decades that’s now insidious around all the oceans on the planet, to acidification from rising temperatures.

And now on top of that, the military decides to go and use bombs and use sound weapons up in some of the most pristine waters on the planet outside of Antarctica. Bear in mind, these waters are at the end of an undersea current that is an upwelling, and this water is a thousand years old. This is why Alaska salmon are so prized, because they are a clean fish, they’re pure, and the Alaska salmon brand relies on it. Not to commercialize this, but it’s important to think about in regards to the people in Alaska relying so heavily on the salmon for both subsistence and to earn a living up there. All of that is being compromised.

The Navy’s action is creating some interesting collaborations between people across the political spectrum that normally wouldn’t mix.

D.J.: Leaving aside this culture’s death urge, why is the military doing this? What is their rationale?

Dahr J.: I mentioned in my article, Destroying What Remains: How the US Navy Plans to War Game the Arctic, that the Navy is increasingly focused on possible climate change wars up in the melting waters of the Arctic. In that context, it has no intentions of caretaking the environment when conducting its military exercises.

This connection was made amazingly clear to me in the course of writing this piece. I was in Alaska getting the ground data for this story, doing interviews. I went to Cordova, went over to Kodiak, passed through Anchorage, talking to people all along the way, and then I came back home to Washington State to write.

I live on Puget Sound, right on the Strait of Juan de Fuca. I’m writing this story about the impending Naval exercise up in the Gulf of Alaska, the largest of its kind in the more than 30 years the Navy has been doing them in that area. Meanwhile, about two miles from my house, out on the Strait of Juan de Fuca, Shell is bringing their giant drilling rig over to the port of Seattle where it’s going to tie up. So we have the military exercises at the same time they’re positioning these rigs in Seattle, getting them ready to take up to Alaska to start drilling.

It doesn’t take a genius to see the writing on the wall as to the timings of these. It’s not a coincidence. The Navy is getting ready to protect so-called US interests to go up into the Arctic. They’re racing Russia; they’re racing Scandinavian countries. Basically anyone who has any kind of border with the Arctic is in full preparation to go up there, in a race for what’s left, to try to tap into the oil that’s been inaccessible under the ice.

Over a year ago I wrote about the Navy conducting their own study and estimating we would see ice-free periods in the summer in the Arctic starting by 2016. A couple of weeks ago, the current satellite data mapping Arctic ice, both in extent and volume, showed Arctic ice at its lowest volume on record. So it’s certainly possible that by late summer of 2016, meaning late August, early September, we’ll see ice-free periods.

So that’s the context in which all of this is happening. The military is getting ready. That’s why there’s this massive uptick in war-gaming across the entire country ― not just the Navy, but on land, the Air Force is doing things, the Marines are doing things ― because the military is positioning itself for potential war against Russia and China, but also, the race for the Arctic resources is clearly very high on their agenda.

D.J.: This is a great example of something I’ve long thought: that this culture will not have a voluntary transformation to a sane and sustainable way of living. Instead of being horrified that the Arctic will soon be ice-free, they are looking at it with what can only be deemed ‘lust’ for the resources that will be made available. I find it impossible to express through words the disgust, contempt, and hatred that that makes me feel.

Dahr J.: One reason I wanted to do this article was that I lived up in Anchorage for ten years. That’s where I was living when the Iraq war broke out, and my work as a journalist is ultimately what brought me to move out of Alaska. But I love the state, meaning I love the nature there, and I loved going into the mountains and camping and climbing, and going out on boats with people into the waters. I reveled in the powerful natural beauty of the state. And of course, that includes the oceans and the marine mammals. When I learned of the Navy’s plans, I wanted to go up there and report on it, kind of out of a protective urge for this place that is so close to my heart. And when I was up there working on this story and talking to all these people who were going to be impacted by these Navy exercises, I felt that same kind of anger.

Or maybe first I just felt mystified: not only are we going off the cliff as a species, because of the industrial growth society and what it’s done to the planet and what it’s doing and continues to do, but we’re accelerating! The planet is showing us every distress signal it possibly can; we’re watching huge parts of the ecosystem die, increasingly vast numbers of species go extinct, even more and more public awareness of the possibility of our own species rendering itself extinct; but instead of taking a precautionary approach, slowing down, pausing a minute to think that maybe what we’re doing isn’t the best thing, it’s ‘let’s accelerate as fast as possible’ into this dark, death-giving future of ‘we’re going to war game, we’re going to drop more ordinance, we’re going to get ready to go into one of the most pristine areas left on the planet, pollute it like it’s never been polluted before, all for the sake of drilling it, sucking out more oil that shouldn’t even be burned in the first place, because it’s only going to further accelerate what we’re already doing to the planet!’ It really is stupefying; it’s almost beyond imagination. It’s something out of a really bad sci-fi novel, but, unfortunately, it’s the reality.

D.J.: Can we talk now about some of those surprising alliances you mentioned?

Dahr J.: There have been many. For example, the commercial fishing community in Alaska aren’t known for being ‘lefty/greeny’ environmentalists. They’re there to catch the maximum amount of fish allowed by law every season, and make as much money as they can. But when this news of the Navy’s plans started to spread around coastal Alaska, people from these very, very politically conservative fisherfolk across two different unions in the state started to band together, and literally everyone I spoke with about the Navy exercise ― every fisherperson, every person in the fishermen’s union across the state ― was opposed to the Navy’s plans.

And when the Navy played the national security card, saying they’re doing this to protect the state and the waters, the people in Alaska called B.S. Not just environmentalists, but people from all these other groups from the Alaska Marine Conservation Council to the Alaskans First! Coalition to fishermen’s unions to everyone banding together and saying look, we’re absolutely opposed to this.

It’s hard to find a silver lining to this story, but if there is one, that might be it: we’re starting to witness a coalescing of groups across the political spectrum who are seeing the madness perpetrated by the industrial growth society and who are starting to stand up against it together.

D.J.: Are people making that connection between these destructive activities and the industrial growth society? And were they making the connections that you were making, about how we’re going over a cliff and just accelerating?

Dahr J.: Not so much, unfortunately.. One of the most important voices in the story, however, does. Emily Stolarcyk works for the Eyak Preservation Council out of Cordova. It’s an environmental and social justice non-profit with a primary aim to protect wild salmon habitat, period.

Emily sees the bigger picture. She’s gone out of her way to sound the alarm bell on this and has therefore, of course, been targeted by the government of Alaska and the Navy itself. People are really coming after her now.

Unfortunately, the average person I spoke with tended not to see beyond the immediate economic impact. For a lot of folks, their prime motivation was not losing the Alaska salmon brand, in that they can’t have news come out that the salmon are contaminated in any way, because if that market tanks, they’re in big trouble.

D.J.: How is she being targeted?

Dahr J.: For example, the Navy has tried to discredit her, even though she has gone out of her way to quote directly from the Navy’s own Environmental Impact Statement. It’s online, people can look it up themselves, and she literally is using quotes. The Navy tells people she is not giving accurate information, that she’s inflating figures, and so on. The military is deified by mainstream America and by the corporate media as a benevolent force that is only there to protect us. Of course that’s absolute nonsense, but because of that misperception, most people still tend to believe the military.

Emily has also been targeted by Senator Lisa Murkowski, a hardcore right-wing, anti-environment, pro-corporate profit, pro-fossil fuel industry, pro-military senator up there in Alaska. She sent the state fisheries person down to meet with Emily. The fisheries person called Emily on her personal cell phone at night to cuss her out and threaten her. It was bad enough he later emailed her an apology for it. So there have been bellicose threats, bellicose language used against her from this person, and from the Navy itself.

The Navy has found anyone in these communities who could potentially be on their side and actively worked to turn them against Emily Stolarcyk and the Eyak Preservation Council. They’ve demonized them, putting out false statements, trying to make it seem the Eyak Preservation Council isn’t actually working for their stated purpose of preserving critical salmon habitat. Basically negative propaganda campaigns run against her and the organization she works for.

D.J.: How can people support her?

Dahr J: Other people need to take up the fight against the Navy. They need to get up on the facts of the story, understand what the Navy is planning on doing, and join in the fight. They don’t necessarily need to come work alongside Emily Stolarcyk, but to understand the relevance of her work and the importance of it. These types of Navy war games are happening off the coast of Alaska, Washington, Oregon and California, and have been for a long time. So, anyone in proximity to those coasts, this is our fight, too. And all of us need to be talking about this, all of us need to be getting this into the media and getting as many activists involved as possible, people who might have other ideas about how they can help.

D.J.: You mentioned Lisa Murkowski. Is the problem there individual politicians, that if she were replaced these atrocities might not occur? Or is the problem more institutional, and widespread?

Dahr J.: Lisa Murkowski is of course terrible, as is Congressman Don Young. No matter what, those two are always full steam ahead with anything the military and the fossil fuel industry want. They are villains in this story: they are actively working against the interest of nature and the planet in every possible, conceivable way. But the problem really is institutional.

Let’s use Washington state as a case study. Governor Jay Inslee paints himself as the ‘green’ governor, and when I first moved here I thought, ‘yeah, this guy is doing a lot of good stuff. He’s taking the climate change issue head on, he’s saying a lot of the right things and sometimes doing some of the right things.’

But because of how deeply embedded the military is in this state and how much money the state gets from their presence, this is a governor who knowingly accepts what the Navy is doing here. He refuses to take a stance directly against the wargaming that’s already going on here or against future wargame plans for the state of Washington, and is basically in their back pocket. The same for Derek Kilmer, one of the representatives here. And the same is true for numerous other political so-called representatives.

I’m sure the same can be said for California. I think many people hear about these military exercises, and think, “The Democrats are in charge, and they wouldn’t do this.” But political party is irrelevant in this story with the military. The military is so embedded in these states and there’s so much money being brought into the states by their presence that you’d be hard-pressed to find a political so-called representative who is not on the take. That gives you an idea why there isn’t any real political pushback against these exercises.

D.J.: We all know that the military is a form for massive corporate welfare. It’s a giant Keynesian stimulus. And we all know capitalism relies on subsidies. But that always leads to the question: why can’t they just subsidize nice things instead of bad things?

During the 1970s, liberal George McGovern asked somebody at one of the military contractors, “Since all you care about is making money, could we just subsidize your corporation to make school buses instead of bombers? Would you do that?”

The military contractor said, “Sure!” and then they both burst out laughing because they knew that Congress would never allow that in the budget.

Dahr J.: At this point the US military is in the final stage of empire. When we look through history, empires use numerous ways to maintain control and power. There’s the economy, there’s propaganda, there are appeals to people’s morality, etc. The final stage – and the weakest and the shortest – is using military might, pushing the military frontiers out as far as possible and putting all their resources into maintaining and growing the military. Then they collapse relatively shortly thereafter. That’s exactly what the US is doing.

Today, while we do this interview, we have news of them setting up yet another new US base in Iraq and sending more troops over there. Domestic military exercises are pushing new bounds of what’s ever been done before, looking at expanding up into the Arctic, and preparing for war gaming against Russia and China in the future.

Over 50% of all US taxpayer money is going directly to the Pentagon in one way or another. I think that underscores what you just said, Derrick, about the preposterous idea that something could be done differently. I don’t think anyone in the government could really take seriously any attempts to significantly defund the military. At this stage of the game everyone understands the military is the final weapon the US government is using geopolitically at this point. I think anyone who challenges that and thinks they’re going to change how the government and economy function at this stage of the game is not living in reality.

D.J.: Apart from the environmental degradation, do we know the numbers on how much this military exercise is going to cost?

Dahr J.: No. The military is very careful not to release total figures of these types of exercises. You always have to try to puzzle figures out from hints. For example, the Navy is trying to push through electromagnetic warfare training out on the Olympic Peninsula, planning on starting early next year. They want to use these jet aircraft called Growlers, maybe because they’re the loudest aircraft ever built. Extremely loud – ear-splittingly loud.

To fly one of those costs over $12,000 an hour. That’s just one jet. That’s not a war ship. It’s difficult to get the numbers, but I think it’s safe to say that a two-week joint military exercise involving a dozen ships, however many aircraft are going to be on those ships, all the personnel, all the weapons that are going to be used, all the fuel burned, will very easily cost hundreds of millions of dollars.

D.J.: What can people do if they are in Alaska or elsewhere, to prevent this from happening again?

Dahr J.: People need to recognize this is happening not just in and around Alaska, but all over. There’s a massive domestic military expansion happening everywhere. People need to become aware of this and make others aware of it. They need to get this information out there. And then they need to start raising hell. They need to start fighting it.

We’re starting to see people standing up, and we’re starting to see them work together.

This whole struggle dovetails with what’s happening in the battles against the pipelines and against fracking that we’re seeing down in Texas now, and across the Midwest, where really interesting alliances are being formed between some pretty right-wing political groups as well as some pretty hard-core left-leaning groups of environmentalists and other activists.

Just like those movements draw these alliances, people who are opposed to this military expansion—and that should be all of us—need to work together to stop this. People need to get involved. The sooner the better.