Native America
Canada high court to hear prior consultation case
The Supreme Court of Canada announced March 10 will review two decisions of the National Energy Board related to aboriginal consultation. One case challenges a board decision to allow seismic testing in the waters off the east coast of Baffin Island, which is opposed by the Inuit village of Clyde River, Nunavut. The other is an appeal by the Chippewa of the Thames First Nation in southern Ontario of a ruling that approved the expansion of Enbridge corporation's Line 9 pipeline from the Alberta oil sands to a Montreal refinery. Both Clyde River and the Thames First Nation say they were not adequately consulted on the respective projects. Under Canada's Constitution, the Crown has a "duty to consult" and accommodate, wherever possible, indigenous peoples on any actions that may adversely affect their aboriginal and treaty rights. (Al Jazeera, March 20; CTV, March 10)
Mohawks threaten to block Energy East pipeline
The Mohawk nation is threatening to do everything legally in its power to block TransCanada's Energy East pipeline project, calling it a threat to their way of life. Mohawk Kanesatake Grand Chief Serge "Otsi" Simon warned in a March 9 letter to Quebec Premier Philippe Couillard that the project to move 1.1 million barrels of crude and shale oil a day from Alberta to refineries in Canada's east is "risky and dangerous" for First Nations and a threat to their lands, waters and very survival. "Indeed an alliance of indigenous nations, from coast to coast, is being formed against all the pipeline, rail and tanker projects that would make possible the continued expansion of tar sands," Simon wrote. "One thing for sure, we the Mohawks of Kanesatake will not be brushed aside any longer and we wish to press upon you that we reserve the right to take legal action if necessary to prevent the abuse of our inherent rights."
Louisiana tribe becomes first US 'climate refugees'
The Weather Channel reports that a French-speaking Indian tribe who live deep in the Louisiana bayou, some 50 miles south of New Orleans, became the United States' first official "climate refugees" last month when the federal government awarded them $48 million to relocate. The Biloxi-Chitimacha-Choctaw tribe has inhabited Isle de Jean Charles for centuries, but because of a slow-moving disaster caused by sinking land, climate change and oil exploration, they've all but lost the land they call home. With more than 1,900 square miles of land vanishing in the past 80 years, Isle de Jean Charles has been reduced from 11 miles long and five miles wide in the 1950s, to around two miles long and a quarter-mile wide today. The monies are part of $92 million awarded to Louisiana by the Department of Housing and Urban Development as part of a National Disaster Resilience Competition the state won, according to Indian Country Today.
Paiute land at issue in Oregon militia showdown
A group of self-styled "militiamen" made headlines over the weekend when they took over the Malheur National Wildlife Refuge headquarters building in eastern Oregon's Harney Basin. They are evidently led by Ammon Bundy, son of Cliven Bundy, the Nevada rancher known for his 2014 standoff with the federal government (over unpaid grazing fees to the Bureau of Land Management). They say they are acting on behalf of Dwight and Steven Hammond, father and son of a local ranching family, who were sentenced to five years in prison for setting a fire on BLM land after the Ninth Circuit upheld the mandatory minimum for arson on federal lands. By various accounts, the fire was ostensibly set to clear invasive plants, or as a "backfire" (or "controlled burn") to keep a brush-fire from spreading to their property. But the Justice Department press release on the sentencing portrays a reckless act intentionally designed as a provocation to the feds. In any case, the Hammonds don't seem too enthusiastic about the action taken on their behalf. The right-wing militant Idaho 3 Percent was instrumental in the take-over, according to an early account on Central Oregon's KTVZ.
Retreat on Arctic drilling —push to open ANWR
This year has seen the rise and fall of Shell Oil's plan to begin offshore Arcitc drilling in Alaskan waters. Now, the Interior Department has announced the cancellation of two pending Arctic offshore lease sales that were scheduled under the current five-year offshore leasing program for 2012-2017—Chukchi Sea Lease Sale 237 and Beaufort Sea Lease Sale 242. Additionally, the Department announced denial or requests from Shell and Statoil for extensions that would have allowed for retention of their leases beyond their primary terms of 10 years. DoI stated that "the companies did not demonstrate a reasonable schedule of work for exploration and development under the leases, a regulatory requirement necessary for BSEE [Bureau of Safety and Environmental Enforcement] to grant a suspension." But in justifying the decisions, Secretary Sally Jewell openly stated that in light of "current market conditions, it does not make sense to prepare for lease sales in the Arctic in the next year and a half." (Alaska Native News, Oct. 16) This amounts to a virtual admission that the idea here is "banking" the oil under the sea, until currently depressed prices start to rise again.
9-11 at fourteen: spectacle commodified
Last night, this blogger visited the 9-11 Museum—invited by a friend who got free passes that evening because she worked in the area of the disaster in September 2001. I certainly was not going to pay the absurd $24 entrance fee. There was also a surreal irony to the fact that entering the museum entailed a full airport-style security check, complete with X-rays, full-body metal-detector scans, complete emptying of pockets, removal of belts, and so on. And this at a supposed memorial to American freedom. Talk about the "terrorists win." The museum itself is in many ways impressive—starting with its sheer scale. It is actually built in the World Trade Center "Bathtub," the huge foundation pit with reinforced walls to keep the waters of the Hudson River at bay. These walls are left visible, loaning an atmosphere of stark industrial majesty. The Mohawk iron workers who risked their lives in the construction of the WTC are, at least, briefly mentioned. There is inevitably a lot of maudlin and/or bellicose patriotism on display, but any honest presentation would have to reflect that, and it is generally shown with a sense of objectivity.
British Columbia mine waste spill: one year later
One year after a catastrophic dam breach at the Mount Polley Mine in the interior of British Columbia, the facility has passed the first phase of remediation and resumed operations—with certain restrictions. The August 2014 disaster sent millions of cubic meters of water contaminated with mine waste into the local Hazeltine Creek, which ultimately flows into the Fraser River. Water-use bans were issued for several local towns, and the spill prompted the government to toughen mine permitting requirements. Imperial Metals Corp has completed a "Phase 1" clean-up overseen by the BC Ministry of Environment. The company has supposedly ensured that water entering Quesnel Lake, which Hazeltine Creek flows through on its way to the Fraser, meets provincial quality standards. The provincial government issued the conditional permit allowing the Mount Polley mine to reopen earlier this month. However, the company cannot discharge water until it receives a second conditional permit, likely in the early fall. (Globe & Mail, July 29, 2015; ThinkProgress, Aug. 5, 2014)
Four Corners haze: harbinger of climate change
Just weeks before President Obama announced details of his climate change action plan, federal officials approved a deal to allow expanded mining of coal on Navajo lands and its continued burning at the Four Corners Power Plant near Farmington, NM. The deal extends the lease on the plant by 25 years, and allows for an expansion of the Navajo Mine that supplies it. It came less than a month after operators of the Four Corners plant (chiefly Arizona Public Service) agreed to settle a lawsuit by federal officials and environmental groups that claimed plant emissions violated the Clean Air Act. Under the settlement, operators agreed to spend up to $160 million on equipment to reduce harmful emissions, and to set aside millions more for health and environmental programs. The regional haze produced by the plant and others ringing the Navajo reservation has long drawn protest. Under pressure from the EPA, the plant in 2013 shut down the oldest and dirtiest three of the five generating units to help the facility meet emission standards. But many locals are not appeased. "Our Mother Earth is being ruined," said Mary Lane, president of the Forgotten People, a grassroots Navajo organization. "We don't want the power plant to go on. It's ruining all the environment, the air, the water." (Navajo-Hopi Observer, July 21)












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