Fighting Big Oil

Lakota Law

I wish you a happy Earth Day! Here’s an anniversary (unlike some others) that I think we can all celebrate. We all care deeply about Unci Maka, our Grandmother Earth, and when I joined the Lakota Law staff a couple months back, part of the reason was because this organization is never afraid to take on the biggest environmental issues in Indian Country and beyond. Big Oil — which has been knowingly killing this world and lying about it to the public for decades — must be held accountable. Our methodology to make that happen doesn’t stop at resisting pipelines. We mean to end harmful extraction entirely.

I urge you to follow all the work of the Romero Institute — home to both Lakota Law and Let’s Green CA!, a statewide initiative which aims to make California a model of equitable climate action. You’ll see that we have an effective, multipronged approach to winning environmental justice. 

Lakota LawHere’s that all-too-familiar vista of another oil refinery belching toxic filth into the atmosphere. This is why we’re taking polluters to task and working to pass green legislation.

This week, Let’s Green CA! Is celebrating a big victory with the passage of SB 1230 out of the California Senate’s Committee on Environmental Quality. Romero’s staff — in partnership with legendary activist Dolores Huerta and the Dolores Huerta Foundation — has worked very hard to make this clean transportation legislation a reality, from the ground up. Sponsored by State Senator Monique Limón, the bill would rapidly cut greenhouse gas emissions, reduce toxic air pollution, and support green jobs by accelerating a just transition to clean cars in the largest state in our country and the fifth largest economy in the world. I applaud our sister program!

Meanwhile, the Romero Institute’s legal team is drafting a 300-page Racketeer Influenced Corrupt Organization Act (RICO) criminal complaint against the six major oil companies presently doing business in California. It’s designed to stimulate filings by state attorneys general and U.S. Attorneys against corporations, their CEOs, management officials, principal shareholders and financiers, and the American Petroleum Institute, which conspired with the oil leaders to lie to the American public about the known dangers of fossil fuel emissions causing climate change. I encourage you to watch this excellent, new documentary by PBS Frontline to learn more.

As you can see, we’re not taking our responsibilities to Unci Maka lightly. Our Lakota way is not to look at what we can do for ourselves, but to ask how we can be of service to our relatives — including this beautiful world that holds us all in her embrace. So, today, let’s celebrate her. Then, every day from here on, let’s make sure we’re doing better by her.

Wopila tanka — thank you for fighting for environmental justice!
DeCora Hawk
Field Organizer
The Lakota People’s Law Project

Our Ancestors Risked Their Lives

Mary Annette Pember
Indian Country Today

ODANAH, Wisconsin — It was the blue ceiling that got me.

Although St. Mary’s Catholic Church is tiny, its vaulted ceiling soars to an unexpected height. It’s an impossible robin’s egg blue or the hue of a blue sky that could never exist. Unexpectedly, it drove my heart into my throat, where it stayed for several minutes. That blue color obliterated journalistic objectivity, placing me back into a wordless, needy childhood.

I realized at last that the ceiling was the same color as the little blue Virgin Mary medal that lived between my mother’s breasts, fixed to her brassiere with a safety pin. That medal would gaze back at me when we laid down in bed together for afternoon naps, at bedtime or just to visit. Those were the times she told me the Sister School stories, her life at St. Mary’s Catholic Indian boarding school and her childhood on the Bad River Ojibwe Reservation in Wisconsin.

The little church is all that remains now of the mission school buildings. 

Read more the entire article at: https://indiancountrytoday.com/news/our-ancestors-risked-their-lives-and-freedom

Tribal Department of Child Welfare

Lakota Law

Aƞpétu wašté from the Cheyenne River Nation. As you know, the welfare of our children has been a longstanding issue for Native communities. Centuries of colonization means we’re always in the crosshairs. As I discuss with my granddaughter in today’s video, our people are marginalized — especially our young parents and grandparents — by the State of South Dakota and the Department of Social Services, and our children are taken from us at an alarming rate. 

Watch our video to learn more about our work for the children.

We have worked to solve this problem for decades, and we have specifically confronted issues surrounding the Indian Child Welfare Act. In my work with Lakota Law, I’ve seen a lot of grandparents raising their grandchildren. This ultimately spurred me and others to create the Wasagiya Najin (Standing Strong) Grandmother’s Group at Cheyenne River. Wasagiya Najin focuses on what’s happening to our grandchildren, and we dedicate our time to improving our communities’ health and wellbeing from a Lakota perspective.

Our vision encompasses both a Children’s Village on Cheyenne River and a plan to create a Tribal Department of Child Welfare. I’m happy to share with you that we’re well on our way with the village — a place where siblings can stay together and children won’t be lost to the system or worry about aging out. We already have three homes and kinship parents (we don’t use the term “foster parents”). We’re doing all this with support from the tribe, but it is a community-based and operated children’s village, not run by our tribal government.

A tribally-run Department of Child Welfare will be the next big step for us. A centrally-located, multi-service center, it would offer needed support for our parents and grandparents. Right now, it’s far too complicated for parents to access services and resources from the State of South Dakota, which is the only entity handling foster care and adoption on the rez. Our vision will make things easier, give tribal members more autonomy, and also hold us accountable. It’s not our way to terminate parental rights. Instead, we promote family restoration. Children want to be with their families and their people. If we approach it from a Lakota perspective, we can make that happen for many young ones.

We take the pandemic seriously out here, and that has slowed things down. But right now, we’re organizing on the ground and distributing a one-page, anonymous survey identifying family circumstances and gathering feedback about the potential for a tribally-run Child Welfare Office. This data will help us request a reservation-wide hearing and present effectively to our tribal government, which is willing to work with organizers and hear testimony. We’re not looking for approval or permission. We grandmothers have heart for our people and our children, and that’s all we need to get it done!

It’s an exciting time, with positive change happening now and more on the horizon. We’ll have much more to tell you as we move ahead, so please stay with us.

Wopila tanka — thank you for supporting our children!
Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

Lakota People's Law Project

Lakota People’s Law Project
547 South 7th Street #149
Bismarck, ND 58504-5859

Water

The key to life and liberty is access to water, Water is Life. The clue to what is happening across the world as a certain class seeks to totally control is what is being done in Standing Rock. There, in 2016, the government was able to try out their new military-grade weapons to control the peaceful protest. There in Standing Rock, we witnessed a rehearsal for complete control and domination. Now, the water is being confiscated.

This is environmental warfare.

Lakota Law

The Dakota Access pipeline’s threat level is at an all time high for the people of the Standing Rock Nation. In a new video we made in partnership with Standing Rock, you’ll see the distressingly low water levels in the Mni Sose, our sacred Missouri River. You’ll also hear Chairwoman Janet Alkire address the oil company’s lack of adequate emergency response planning for the pipeline’s inevitable spill. It’s critical you stay with us and be ready to assist as soon as the Army Corps of Engineers releases DAPL’s Environmental Impact Statement (EIS).

Standing Rock Chairwoman Janet Alkire addresses DAPL’s inadequate emergency plan, the Missouri River’s low water levels, and the elevated threat to her people.

As you heard a few weeks back, an Army representative came to Standing Rock to meet with tribal leaders from across the Oceti Sakowin. He listened to presidents and chairpersons, elders and community members, and he told us he heard our concerns. We hope that’s true. But since that day, it’s been a game of wait and see, with no movement from the Army and no release of the EIS — which, of course, was prepared by a pro-oil firm. It’s almost as if they know we’re not going to be happy unless the pipeline is shut down, and that we have a legion of supporters ready to engage in favor of an honest process.

In my dual capacities as Lakota Law’s co-director and a special consultant to the chairwoman’s office, I’m here to amplify your voices and those of my people. Lakota Law’s communications and technical teams have been hard at work for months helping the Alkire administration upgrade the tribe’s digital infrastructure and outreach capabilities. As part of that, we also collaborated with the tribe’s Game and Fish Department to access remote areas of the reservation and film 30 miles of the river, capturing first-of-its-kind, comprehensive drone footage near DAPL’s crossing. As you’ll see, the footage shows clearly that water levels are dangerously low, and that any spill would pose a special threat right now.

We will continue to do whatever we can to support Standing Rock and all those within the Great Sioux Nation to push back against Big Extraction. And, of course, we’ll keep you updated on developments. Please stay tuned and ready to take action!

Wopila tanka — thank you for always standing with Standing Rock.
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

Protect the Indian Child Welfare Act

Lakota Law

As we’ve been reporting to you for some time, Big Oil’s most powerful attorneys are attacking the Indian Child Welfare Act (ICWA) at the Supreme Court level. The legal effort is being led by Gibson Dunn, a firm notorious for helping fossil fuel goliaths evade environmental protections. With the Brackeen v. Haaland lawsuit, Gibson Dunn is attempting to eliminate tribes’ rights to keep Native kids in Native care. As you know, Lakota Law is fighting back against this frightening attack on Indigenous sovereignty.

We’re preparing an amicus curiae brief — more details on that below — for the Supreme Court’s consideration during its next session. We also recently had a strategy meeting in New York City with attorney Steven Donziger, another of Gibson Dunn’s targets. On behalf of Indigenous People in the Amazon, Donziger won a landmark judgment against Chevron for dumping billions of gallons of toxic waste into the rainforest. Gibson Dunn then used every dirty trick in the book to turn the tables on him, and now he’s been under house arrest for years. We’ll work to connect Steven to resources that can help him find solutions to his legal problems.

Lakota Law

In South America and North America alike, as Indigenous people, we’ve seen a blatant disregard for our lives played out for hundreds of years. That’s why we’re doing everything we can to ensure ICWA is protected, right now. We know this law inside and out. Former South Dakota Senator James Abourezk, who chairs Lakota Law’s Board of Advisors, was the principal author of ICWA, and a decade ago we were contacted by the Justice Department to propose implementation guidelines.

Our amicus brief will make three arguments designed to counter flawed positions taken by Gibson Dunn and the rest of the opposition’s legal team. First, our lawyers will explain that granting tribes the sovereign right to determine what happens to their children is not reverse racism. Second, we will say there is no violation of the U.S. Constitution or the Tenth Amendment when states are required to enforce federal law. And finally, federal, executive branch agencies — in this case, the Bureau of Indian Affairs — must be able to publish and enforce rules and regulations under their purview.

ICWA is a well-intentioned, well-written law with enforcement guidelines we know to be solid. Since going into effect more than 40 years ago, it has helped countless children remain with family, live healthy lives, and maintain a deep understanding of who they are and where they’re from. We can’t go back to the days of government-mandated mass cultural erasure. We must continue to stand together for the Earth and our future generations against the fossil fuel industry and its high-powered attorneys, whatever the costs. It’s up to all of us, and your friendship and care mean we can keep fighting for justice, every day.

Wopila tanka — thank you for supporting our legal work!
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

Alert System

https://indiancountrytoday.com/news/state-approves-1st-alert-system-for-missing-indigenous-people

Chris Aadland
Underscore.newsand Indian Country Today

Beginning soon, when Indigenous people go missing in Washington, social media, radio airwaves and highways will be blanketed with their information to hopefully lead to them being found — the first state in the U.S. where that will be guaranteed.

That’s because Gov. Jay Inslee on March 31 signed House Bill 1725, creating the nation’s first statewide alert system for missing Indigenous people during a ceremony on the Tulalip Reservation in front of tribal leaders and community members, state officials and lawmakers. The bill was proposed by Washington Attorney General Bob Ferguson and sponsored by Rep. Debra Lekanoff, Tlingit and Aleut.

When operational, the system — similar to the state’s “silver alert” for missing vulnerable adults — will help identify and locate missing Indigenous people, who, especially women, go missing at disproportionately high rates and face higher rates of violence and murder compared to other ethnic groups in the U.S.

Advocates like Lekanoff say the measure is just one step in addressing the complex crisis, but it’s another signal to “Native Americans who have said no one is doing anything to stop the crisis of our missing and murdered Indigenous people” that policymakers are acknowledging the problem and working to address it.

“There’s no one solution to help us in our Native American community address the crisis that’s happened to our women and our people,” Lekanoff, a Democrat and the only tribal citizen in the state Legislature, said in a March 30 interview before the signing ceremony. “This is one of many tools in the toolbox.”

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When activated, the first-of-its-kind alert will broadcast information about missing Indigenous people on electronic highway signs, through radio messages and across social media. An activation will also include the state alerting local and regional media through press releases. The bill is also meant to lead to better communication and coordination among law enforcement departments and other agencies in investigating cases, Lekanoff said.

The state Legislature unanimously approved the legislation earlier in March, reflecting a trend of Washington, other states, tribal governments and organizations, and the federal government increasingly working to address the crisis of missing and murdered Indigenous people.

Washington Gov. Jay Inslee signed a bill that creates a first-in-the-nation statewide alert system for missing Indigenous people on March 31, 2022.

Washington Gov. Jay Inslee signed a bill that creates a first-in-the-nation statewide alert system for missing Indigenous people on March 31, 2022.

In Washington, those efforts include a Missing and Murdered Indigenous Women and People Task Force created by the state Legislature last year to come up with recommendations of how to address the crisis in the state. The group began meeting late last year.

The 23-member group includes tribal nation leaders and community members, tribal advocacy organization representatives, state lawmakers, law enforcement officials and others. The task force is meant to build on the previous work of tribal nations and advocates in identifying the problem and potential solutions in Washington — where, according to the Urban Indian Health Institute (UIHI), Indigenous women are more than four times more likely to go missing than white women — and elsewhere.

Related:
Legal system fuels missing relative crisis
‘Bring Her Home’: New film features MMIW activists
Violence against Indigenous women is a crisis, report finds

In Washington, the problem is among the worst in the country. According to a 2018 report from UIHI, the group found that more than 5,700 Indigenous women or girls were reported as missing or murdered in 2016. The organization, which is a division of the Seattle Indian Health Board, also examined more than 500 cases from 71 U.S. cities, finding that Washington had the second most cases as a state, with Seattle having the most among the cities studied. Tacoma had the seventh most cases.

During the ceremony, Ferguson, the state attorney general, said the legislation was one of the first accomplishments the task force could point to and said other states could look to Washington’s alert system as a model to tackle the problem.

He also pledged that the alert system wouldn’t be the last reform “to ensure that we bring everybody back home” and that cases involving missing Indigenous people should include “accountability and justice.”

The Washington State Patrol will be responsible for operating the system, but Lekanoff said the missing and murdered Indigenous person task force, as well as broadcasters and the state Office of the Attorney General, will work together to develop and implement the plan. She said she hoped the system would be designed and implemented soon.

“Missing and murdered Indigenous women and peoples is not just an Indian issue; it’s not just an Indian responsibility,” Lekanoff said during the March 31 ceremony, adding that the bill “brings together all of our governing bodies to collaborate, to take care (of) those who have been taken, those who have been lost and those yet to come.”

The ceremony also included Gov. Inslee signing several other bills affecting tribal nations and Indigenous people, like one strengthening tribal consultation guidelines in spending money for climate protection actions and another allowing Indigenous people serving sentences in tribal jails to be transferred to a state prison, where inmates have better access to rehabilitative programs, services and training.

In legislative hearings earlier this year before the bill was passed, and during the signing ceremony, supporters said the cases of missing Indigenous people often don’t receive the same level of attention or urgency as cases involving people of other groups. That means the burden of raising awareness about a missing person frequently falls on family members and friends.

Tulalip Tribes Chairwoman Teri Gobin said at the signing event that the lack of awareness contributed to perpetuating a feeling among Indigenous people that they “didn’t matter.”

“We’re finally getting to that place where we’re righting some of those wrongs,” she said.

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This story is co-published by Underscore.news and Indian Country Today, a news partnership that covers Indigenous communities in the Pacific Northwest. Funding is provided in part by Meyer Memorial Trust.

Underscore is a nonprofit collaborative reporting team in Portland focused on investigative reporting and Indian Country coverage. We are supported by foundations, corporate sponsors and donor contributions. Follow Underscore on Facebook and Twitter.

Missing And MurderedMissing And Murdered IndigenousMissing Relatives

Chris Aadland

By

Chris Aadland

Chris Aadland, Red Lake and Leech Lake Ojibwe, is a reporter for Indian Country Today and Underscore.news. Follow him on Twitter: @cjaadland

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SB 181

Lakota Law

In 2016 and ‘17, when tens of thousands of people showed up at Standing Rock to protest the Dakota Access pipeline, our rallying cry was “mni wiconi” — water is life. Many of us hail from river tribes, and this saying isn’t just some trite slogan for us; it is our reality as Lakota People. We’re all connected by our ties as human beings, just as water systems are connected above and underground. That’s why, in February — in the same spirit as NoDAPL — representatives from many Great Plains tribes gathered together to bring one voice to the halls of power in South Dakota in support of SB 181. 

This legislation, proposed by Lakota State Senator Red Dawn Foster, would require our Department of Agriculture and Natural Resources to assemble a task force to study the adoption of a comprehensive and sustainable watershed ecosystems management approach. Please watch our new video, a co-production by Lakota Law and Uniting Resilience, the nonprofit I run with my partner, Felipa De Leon. It depicts highlights from our presentations and the real impression we made on the senators.

Watch: Lakota Law’s Chase Iron Eyes joined a host of Lakota leaders in addressing the SD State Senate about the importance of SB 181. 

The day was a victory, though the legislation didn’t pass this go-round. The senators listened closely and showed real appreciation for our dedication to achieving environmental justice through legislative channels. Tamar Stands And Looks Back made a presentation in Lakota; Chief John Spotted Tail impressed with his words and ceremonial headdress; Lakota Law’s Madonna Thunder Hawk and Chase Iron Eyes made key points that shook the room; and we also heard from the new Standing Rock Sioux Tribe Chairwoman, Janet Alkire, and many others. In the end, senators from both parties spoke in favor of Red Dawn’s legislation and encouraged us to come back with the bill next session.

That’s exactly what we’ll do. We’re ready to show the power of tribal unity until the bill passes. This legislation is important, because the groundwater and aquifers that connect Lakota Country must be protected. As a study I did in cooperation with Lakota Law shows, the long history of uranium mining throughout South Dakota means our people often rely on toxic water. That’s not acceptable, and we will change it. I invite you to stay connected with us. Only by working and showing up together can we make the right impressions, overcome historical barriers, and improve the health and safety of our communities.

Wopila tanka — thank you for helping us protect our homelands and water!
Monique “Muffie” Mousseau
Via the Lakota People’s Law Project

Lakota People's Law Project

Lakota People’s Law Project
547 South 7th Street #149
Bismarck, ND 58504-5859

The Lakota People’s Law Project is part of the Romero Institute, a nonprofit 501(c)(3) law and policy center. All donations are tax-deductible.

DAPL Shut it Down

Carina Dominguez
Indian Country Today

NDN Collective released a damning climate justice report Tuesday on the controversial Dakota Access Pipeline, the same day as World Water Day.

In a detailed analysis, the Climate Justice Campaign calls on the Biden administration to drain and shut down the pipeline, which the roughly 200-page report argues would protect the nation’s longest river, the Missouri River, and its basin. The report is drawn from court documents, treaties, government documents, news stories, congressional hearings and more.

The purpose of the “Faulty Infrastructure and the Impacts of the North Dakota Access Pipeline” report is to inform and engage industry decision makers, policy makers and the public on the facts and nuances around three major areas:

  1. Tribal treaty rights;
  2. Engineering and construction flaws of DAPL that threaten tribal sovereignty; and
  3. Six continuous years of failed U.S. Army Corps of Engineers processes.

“The vision of this report is to hold accountable these agencies to their own regulations, to their own laws, to their own climate agendas, but also to support our communities in understanding the regulatory processes and the laws so that we can push against them, or hold these agency accountable to their own laws,” said NDN Collective’s Climate Justice Campaign Director Jade Begay, Diné. Begay also sits on the White House Environmental Justice Advisory Council.

Begay noted how the Standing Rock Sioux Tribe opted out as a cooperating agency in the environmental review process. This happened after the tribe was repeatedly denied access to information, which the report details.

The tribal nation didn’t immediately respond to Indian Country Today’s attempts for a comment.

Related stories:
Judge refuses to delay release of DAPL documents
Enbridge Line 3 divides Indigenous lands, people
A spiritual perspective on climate changeIndigenous youth rally against pipelines in DC

NDN Collective Climate Justice Organizer Kailea Frederick, Tahltan and Kaska, said draining and shutting down the pipeline would send a clear message to its operator, Energy Transfer, and other companies like it: It’s not okay to violate treaties or environmental protection laws. People, water and the land must be respected, Frederick said.

“The current routing of the Dakota Access Pipeline is a blatant suppression of treaty rights and free, prior and informed consent,” Frederick said.

A recent U.N. report states climate change is already “causing widespread disruption in nature and affecting the lives of billions of people around the world” and calls for urgent action to adapt to climate change and to make deep cuts in greenhouse gas emissions.

(Related: UN report: Climate change is already major disruption)

“It is actually a conversation on life and death,” Frederick said. “The other voices in the room that continue to try to dominate the conversation are trying to give an illusion that we have more options and more time than we do. And the reality of climate change is that we actually have very few options and we have very limited time to get it right.”

There’s been years of community resistance against the Dakota Access pipeline and recently the Standing Rock Sioux Tribe claimed a legal victory in the case.

Indigenous water protectors and allies blocked the pipeline for months starting in 2016 and were met with violence.

The Standing Rock Sioux Tribe sued Energy Transfer over National Environmental Policy Act violations. A district court judge ruled a new Environmental Impact Statement would be required by the company. The Supreme Court denied Energy Transfer’s bid to thwart environmental oversight.

The new environmental impact statement is due in September and a public comment period will open up after that.

NDN Collective will issue a call to action at that time and help the public navigate the public comment requirements because comments must meet strict guidelines that specifically deal with the underwater pipeline crossing on Lake Oahe.

But the possibility of shutting down the pipeline entirely is left up to the executive branch and the Biden administration has so far refused to do so.

Begay questions if the policies and proposals in the Build Back Better Plan and the Green New Deal will be enough to help with a needed paradigm shift.

“The paradigm shift of not consuming as much, staying home more, being more localized, valuing getting around and living our lives without fossil fuels – and plastics,” Begay said.

Frederick said “we don’t have a choice at this moment in time other than to think about how we’re going to live our lives differently and how we’re going to descale.”

NDN Collective releases Dakota Access Pipeline report on World Water Day. The organization worked on the report for over a year. It offers the most thorough, and critical, analysis of the DAPL project yet. (Courtesy of NDN Collective)

NDN Collective releases Dakota Access Pipeline report on World Water Day. The organization worked on the report for over a year. It offers the most thorough, and critical, analysis of the DAPL project yet. (Courtesy of NDN Collective)

“Indigenous peoples need to see the government acting in good faith and so one action towards that is taking action around DAPL and reducing the flow and eventually abandoning the pipeline. That’s our demand,” Begay said.

The NDN Collective report took more than a year to develop in “consultation with an array of skilled and respected industry Indigenous and non-Indigenous specialists who also possess intimate knowledge of the DAPL.”

“It feels like a very big responsibility to get it right, on many different levels,” Frederick said.

The environmental impact statement requires the public’s participation to determine its contents but the report found that didn’t happen with the DAPL project.

“Previously, through the EIS process, there was a time that they would sit down with tribes and strategize together and this process was called scoping. And with the DAPL process, this did not happen,” Frederick said.

The report is critical of how the Army Corps of Engineers has carried out “flawed” processes.

“The way that the entirety of the DAPL process has gone even just now that this pipeline is operating illegally without the right permitting, it really sets the precedent for the other future types of projects,” Frederick said. “If this specific issue around DAPL is not corrected and if this pipeline is not drained and shut down, that it lets other agencies know or companies know that it’s okay to operate in this way with our people on our lands. And the truth is that it’s not okay. And that it is a true violation of treaties.”

The report states the Army Corps lacks “transparency by continuing to withhold critical technical information requested repeatedly by the Tribes while hiding under the guise of “national security”.

One of the major concerns listed in the report is an “independent third-party.” A contractor that is meant to be neutral in the environmental review process has blatant financial ties to the oil and gas industry through membership in the American Petroleum Institute, according to the report.

The report calls for transparency and diligent assessments on the impact of the DAPL project.

Five key elements are:

1. Challenge the legitimacy of the DAPL on Indian land – Treaty Rights
2. Approval of DAPL continues as modern-day dispossession of Indigenous people
3. Army Corps and the Trump era NEPA
4. Major DAPL routing, engineering, spill risk, and safety issues
5. Failure to adequately address environmental justice

“We feel really grateful that our campaign has been able to steward this report coming out into the world,” Frederick said.

She’s looking forward to seeing how tribes and other organizations utilize the material compiled in the report.

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Protect Thacker Pass

In January, a fellow LGBTQ2S person who had taken a trip to California contacted me and my partner, Felipa. On her way back to the Dakotas, she’d stopped at Winnemucca in Nevada, where she realized the battle over the lithium mine at Thacker Pass was making life extremely hard for Native populations. She asked us, “Can you and Felipa help these tribes? Everything is in despair.”

If you’ve been receiving Lakota Law newsletters for some time, you know that Felipa and I take our responsibilities as Native Two-Spirit and environmental advocates seriously. When our friend asked us to help at Thacker Pass, we knew we had to take action. We contacted Lakota Law and other friends and planned a roadtrip to deepen our understanding and see what we could do to bring attention to the plight of the Winnemucca and other relatives on Paiute and Shoshone homelands in Nevada.

Today, I urge you to act with us. Tell U.S. Department of the Interior Secretary Deb Haaland to revoke the permits for the Thacker Pass lithium mine, and ask House Natural Resources Committee Chair Raúl Grijalva to investigate the crimes being committed at Thacker Pass against Native American tribes.

Above: a protest camp set up to protect Thacker Pass. Please watch our interview with our new friend, Daranda, who told us about the Native-led resistance to safeguard this beautiful place, then take action to protect Thacker Pass!

Like so many other Native communities on the frontlines of environmental racism, our relatives near Thacker Pass have been ignored and railroaded in the name of Big Extraction. Because the area is home to the largest lithium deposit in the U.S., mining companies are coming for it fast. And despite resistance led by local tribes, the government has given the go-ahead to rip this beautiful place apart.

In February, the Winnemucca Colony joined a lawsuit against federal agencies — including the Bureau of Land Management, which manages the land. Of course, at no point did these agencies properly consult Native communities before moving ahead with the mine, which will almost certainly contaminate groundwater essential for the survival of both the region’s people and its diversity of animal life. 
 
As a key component of batteries that power solar arrays and electric vehicles, lithium may be essential to the transition to a clean energy economy. Still, we must make that transition responsibly — with input from all affected populations. A recent study found that, just like fossil fuel extraction, mining lithium and other metals has an outsized negative impact on Native communities. It should come as no surprise that in the U.S., 97% of nickel, 89% of copper, 79% percent of lithium and 68% of cobalt mines are located within just 35 miles of Indian reservations.

The situation at Winnemucca is particularly scary. Many of its people were afraid to talk to us, or they didn’t want their names revealed. One elder woman told us, “We cannot go on like this.” The Bureau of Indian Affairs (BIA) is leveling their territory, ejecting more than 500 people, and making room for a mancamp to house construction workers. We all know where that will lead: to a new frontier for the epidemic of Missing and Murdered Native Women and People.

It’s also bad in surrounding communities. At the Fort McDermitt tribal nation — whose people are closely related to Winnemucca’s — they have the second highest violent crime rate out of all 576 tribes in the U.S. The BIA is in charge of law enforcement, but the people are suffering at the hands of a constant stream of new, rookie officers. Community elders are subject to routine violence, and most people carry loaded weapons. Many Fort McDermitt youth have been killed by BIA cops. From what I saw, I believe it’s possible that neither Winnemucca nor Fort McDermitt will even exist as communities a year from now.

There is so much more to report from our trip, but for the moment, I believe it’s most important that you know what’s happening at Thacker Pass. Standing Rock’s NoDAPL resistance may have been an inflection point that brought many of us together — but it was not unique. We still have a ton of work to do to hold the government and extractive industry accountable for their many sins against our communities all across Turtle Island. Please start by helping to protect Thacker Pass today!

Wopila tanka — thank you for your friendship. We’re all in this together!
Monique “Muffie” Mousseau
Via the Lakota People’s Law Project

Lakota People’s Law Project
547 South 7th Street #149
Bismarck, ND 58504-5859