At its 75th annual convention in Denver this week, leaders of the National Congress of American Indians spoke strongly against the Trump administration's decision to halt the restoration of ancestral lands to the Mashpee Wampanoag tribe of Massachusetts, invoking a return to the disastrous policies of the "termination era." At issue are 321 acres in the towns of Mashpee and Taunton, where the Wampanoag sought to build a casino. The US Interior Department issued a decision in 2015 to take the lands into trust for the tribe, to be added to their reservation. Ground was broken on the casino the following year. But opponents of the casino challenged the land transfer in the courts. In April 2016, US District Court Judge William Young found the 2015 Interior decision had bypassed the Supreme Court's 2009 ruling in Carcieri v Salazar, concerning a land recovery effort by the Narragansett Indian Nation of Rhode Island. In the Carcieri case, the high court ruled that the federal government had no power to grant land in trust for tribes recognized after passage of the Indian Reorganization Act of 1934. In September of this year, the Interior decision was reversed by Tara Sweeney, the new assistant secretary for Indian Affairs in the Trump administration. Sweeney determined that the Mashpee Wampanoag-—whose ancestors welcomed some of the first settlers to the Americas more than 300 years ago—could not have their homelands restored because they were only federally recognized in 2007.

The Supreme Court of Canada ruled Oct. 11 that the federal government does not have a responsibility to consult with First Nations before introducing legislation, even in cases when it would impact their lands and livelihood. The 7-2 ruling in Chief Steve Courtoreille et al vs Governor in Council et al ends a challenge by the Mikisew Cree First Nation of Alberta to a 2013 reform of Canada's environmental laws by the administration of then-prime minister Stephen Harper. The reform altered the Canadian Environmental Assessment Act, the Fisheries Act, the Species at Risk Act, and the Navigable Waters Protection Act, reducing the number of projects that require environmental assessment studies and narrowing the scope of those assessments. The Mikisew Cree contended that the reform violated constitutionally-protected treaty rights of Canada's indigenous First Nations.

In Episode 18 of the CounterVortex podcast, Bill Weinberg looks back at the Nevada-Semipalatinsk movement of the closing years of the Cold War, when the Western Shoshone people, whose traditional lands were being contaminated by the nuclear blasts at the US government's Nevada Test Site, made common cause with the Kazakh people of Central Asia who opposed Soviet nuclear testing at the Semipalatinsk site. Kazakh activists travelled to Nevada to join protests at the Test Site, while Western Shoshone leaders travelled to Kazakhstan to join protests at Semipalatinsk. This initiative eventually evolved into the Abolition 2000 Global Network to Eliminate Nuclear Weapons, which as recently as 2016 held an International Conference on Building a Nuclear-Weapon-Free World in Astana, Kazakhstan, again attended by Western Shoshone leaders. The story of indigenous peoples impacted by nuclear testing on their usurped lands has come to us from several places around the world, including the French test site at Gerboise Bleue in Algeria—known to the local Tuareg nomads as Tanezrouft. Other examples are the Chinese test site at Lop Nur, on lands of the Uighur people in Xinjiang, and British testing on Aboriginal lands at Maralinga, in the Australian outback. The Nevada-Semipalatinsk movement provides an inspiring example of indigenous peoples and their supporters building solidarity across hostile international borders and superpower influence spheres. Listen on SoundCloud, and support our podcast via Patreon.

In Episode 17 of the CounterVortex podcast, Bill Weinberg discusses growing repression against the Tatar people of the Crimea, and the abrogation of their autonomous government by the Russian authorities since Moscow's illegal annexation of the peninsula. This is a clear parallel to violation of the territorial rights of the Lakota people in the United States through construction of the Dakota Access Pipeline, and the legal persecution of indigenous leaders who stood against it. The parallel is even clearer in the cases of the Evenks and Telengit, indigenous peoples of Siberia, resisting Russian construction of pipelines through their traditional lands. Yet the US State Department's Radio Free Europe aggressively covers the Tatar struggle, while Kremlin propaganda organ Russia Today (RT) aggressively covered the Dakota Access protests. Indigenous struggles are exploited in the propaganda game played by the rival superpowers. With the struggles of the Tsleil-Waututh people of British Columbia against the Trans Mountain Pipeline and the Red Lake Band of Ojibwe in Minnesota against the Line 3 Pipeline now heating up, it is imperative that indigenous peoples and their allies overcome the divide-and-rule game and build solidarity across borders and influence spheres. Listen on SoundCloud, and support our podcast via Patreon.

Canada's Federal Court of Appeal on Aug. 30 overturned (PDF) the government's approval of the Trans Mountain pipeline expansion. A number of groups challenged the approval, including several First Nations and two municipalities, asserting that the First Nations were not adequately consulted on the project. The court found that Canada failed "to engage, dialogue meaningfully and grapple with the concerns expressed to it in good faith by the Indigenous applicants so as to explore possible accommodation of those concerns." The court also found that the National Energy Board's review process on the project failed to include the impacts of tanker traffic releated to the pipeloine expansion. The decision stated that the "unjustified exclusion of marine shipping from the scope of the Project led to successive, unacceptable deficiencies in the Board’s report and recommendations." The government's approval of the pipeline expansion was nullified, halting construction. (Jurist)

In what the New York Times somewhat hyperbolically calls a "clash," US Border Patrol vessels have over the past two weeks stopped at least 10 Canadian fishing boats near Machias Seal Island between Maine and New Brunswick. Canada has responded by beefing up its Coast Guard patrols in what is being termed a "disputed gray zone" between the two countries' territories. "There is no illegal immigration going on there," a bewildered Canadian fisherman told the Times. "It seems silly." Most observers see it as related to the current bitter trade dispute between Washington and Ottawa. The Canadian Broadcasting Corporation says the US Border Patrol has stopped over 20 Canadian vessels so far this year in "contested waters" in the Bay of Fundy, and "has no intention of stopping." The so-called Grey Zone consists of some 700 square kilometers of lucrative lobster waters where the Bay of Fundy meets the Gulf of Maine, although few actually live in it. Machias Seal Island is a migratory bird sanctuary maintained by the government of Canada, but is otherwise uninhabited.

In Episode Four of the CounterVortex podcast, Bill Weinberg makes the case that the Second Amendment is a non-grammatical muddle of obfuscation—because the issue was just as contentious in 1789 as it is today, and the Framers fudged it. That's why both the "gun control" and "gun rights" advocates can claim they have the correct interpretation—as they each advocate solutions that, in their own way, escalate the police state. In the wake of the latest school massacre, youth activists are pressing the issue, and this is long overdue. But the discussion that needs to be had would explore the social and cultural roots of this peculiarly American pathology. Listen on SoundCloud, and support our podcast via Patreon.

As a part of the Republican tax overhaul bill, Congress voted Dec. 20 to open Alaska's Arctic National Wildlife Refuge (ANWR) to oil and natural gas drilling, after more than four decades of contestation on the matter. The House voted 224-201 to pass the bill, mostly along party lines. This finalizes the legislation, as the Senate version was passed by a 51-48 party-line vote earlier in the day. Once President Trump signs the law, the oil industry will have finally achieved a long-sought goal. "We're going to start drilling in ANWR, one of the largest oil reserves in the world, that for 40 years this country was unable to touch. That by itself would be a massive bill," Trump boasted. "They've been trying to get that, the Bushes, everybody. All the way back to Reagan, Reagan tried to get it. Bush tried to get it. Everybody tried to get it. They couldn't get it passed. That just happens to be here."