BLACK MESA, AZ — The Department of Interior (DOI) has denied Peabody Coal Company’s expansion operations on Black Mesa, AZ.
Peabody had been planning to combine both their Kayenta and Black Mesa mines, pump more water for transporting coal, reactivate the Black Mesa mine, and acquire a “Life of Mine” permit.
Peabody’s expansion plans were initially approved in a Final Environmental Impact Statement (FEIS) by the Bush Administration.
Environmental groups appealed the FEIS on grounds that Indigenous People’s religious freedom would be violated, there was not enough outreach to impacted communities, and that the Office of Surface Mining (OSM) violated the National Environmental Policy Act (NEPA).
Judge Robert G. Holt’s decision stated, “OSM violated NEPA by not preparing a supplemental draft EIS (Environmental Impact Statement) when Peabody changed the proposed action. As a result, the Final EIS did not consider a reasonable range of alternatives to the new proposed action, described the wrong environmental baseline, and did not achieve the informed decision-making and meaningful public comment required by NEPA. Because of the defective Final EIS, OSM’s decision to issue a revised permit to Peabody must be vacated and remanded to OSM for further action.”
The DOI judge who reviewed the case did not rule on the religious freedom violation or other claims.
Peabody, the Navajo Nation & the Hopi Tribal Council still can appeal the decision.
Peabody Coal is still operating their Kayenta mine.
Peabody Coal has been operating on Black Mesa for more than 40 years. Since 1974 more than 14,000 Dine’ have been forcibly relocated from their ancestral homelands on Black Mesa due to mining interests.
OROVADA, NV — This morning, a group of Native American water protectors and allies used their bodies to non-violently block construction of the controversial Thacker Pass lithium mine in Nevada, turning back bulldozers and heavy equipment.
The dramatic scene unfolded this morning as workers attempting to dig trenches near Sentinel Rock were turned back by land defenders who ran and put their bodies between heavy equipment and the land.
Now they are being arrested and camp is being raided.
Northern Paiute and Western Shoshone people consider Thacker Pass to be sacred. So when they learned that the area was slated to become the biggest open-pit lithium mine in North America, they filed lawsuits, organized rallies, spoke at regulatory hearings, and organized in the community. But despite all efforts over the last three years, construction of the mine began in March.
That’s what led Native American elders, friends and family, water protectors, and their allies to establish what they call a “prayer camp and ceremonial fire” at Thacker Pass on May 11th, when they setup a tipi at dawn blocking construction of a water pipeline for the mine. A second tipi was erected several days later two miles east, where Lithium Nevada’s construction is defacing Sentinel Rock, one of their most important sacred sites.
Sentinel Rock is integral to many Nevada Tribes’ worldview and ceremony. The area was the site of two massacres of Paiute and Shoshone people. The first was an inter-tribal conflict that gave the area it’s Paiute name: Peehee Mu’huh, or rotten moon. The second was a surprise attack by the US Cavalry on September 12th, 1865, during which the US Army slaughtered dozens. One of the only survivors of the attack was a man named Ox Sam. It is some of Ox Sam’s descendants, the Grandmas, that formed Ox Sam Newe Momokonee Nokotun (Indigenous Women’s Camp) to protect this sacred land for the unborn, to honor and protect the remains of their ancestors, and to conduct ceremonies. Water protectors have been on-site in prayer for nearly a month.
On Monday, Lithium Nevada Corporation also attempted to breach the space occupied by the water protectors. As workers maneuvered trenching equipment into a valley between the two tipis, water protectors approached the attempted work site and peacefully forced workers and their excavator to back up and leave the area. According to one anonymous land defender, Lithium Nevada’s action was “an attempted show of force to fully do away with our tipi and prayer camp around Sentinel Rock.”
Ranchers, recreationists, and members of the public have been allowed to pass without incident and water protectors maintain friendly relationships with locals. Opposition to the mine is widespread in the area, and despite repeated warnings from the local Sheriff, there have been no arrests. Four people, including Dorece Sam Antonio of the Fort McDermitt Paiute-Shoshone Tribe (an Ox sam descendant) and Max Wilbert of Protect Thacker Pass, have been targeted by court orders barring them from the area. They await a court hearing in Humboldt County Justice Court.
“Lithium Nevada is fencing around the sacred site Sentinel Rock to disrupt our access and yesterday was an escalation to justify removal of our peaceful prayer camps,” said one anonymous water protector at Ox Sam Camp. “Lithium Nevada intends to desecrate and bulldoze the remains of the ancestors here. We are calling out to all water protectors, land defenders, attorneys, human rights experts, and representatives of Tribal Nations to come and stand with us.”
“I’m being threatened with arrest for protecting the graves of my ancestors,” says Dorece Sam Antonio. “My great-great Grandfather Ox Sam was one of the survivors of the 1865 Thacker Pass massacre that took place here. His family was killed right here as they ran away from the U.S. Army. They were never buried. They’re still here. And now these bulldozers are tearing up this place.”
Another spiritual leader on the front lines has been Dean Barlese, a spiritual leader from the Pyramid Lake Paiute Tribe. Despite being confined to a wheelchair, Barlese led prayers at the site on April 25th (shutting down construction for a day) and returned on May 11th.
“I’m asking people to come to Peehee Mu’huh,” Barlese said. “We need more prayerful people. I’m here because I have connections to these places. My great-great-great grandfathers fought and shed blood in these lands. We’re defending the sacred. Water is sacred. Without water, there is no life. And one day, you’ll find out you can’t eat money.”
The 1865 Thacker Pass massacre is well documented in historical sources, books, newspapers, and oral histories. Despite the evidence but unsurprisingly, the Federal Government has not protected Thacker Pass or even slowed construction of the mine to allow for consultation to take place with Tribes. In late February, the Federal Government recognized tribal arguments that Thacker Pass is a “Traditional Cultural District” eligible for the National Register of Historic Places. But that didn’t stop construction from commencing.
“This is not a protest, it’s a prayer,” said Barlese. “But they’re still scared of me. They’re scared of all of us elders, because they know we’re right and they’re wrong.”
Raymond Mattia of the Tohono O’odham Nation was executed by US border patrol agents on May 18th at his home. He was reportedly shot 38 times.
A peaceful gathering to support all victims of the unmonitored violent actions of the Border Patrol and other agencies will be held at The Border Patrol Station in Why, Az, and Tucson on Golf Links Road this Saturday, May 27th, from 10:00am-Noon.
We have been trying to find the strength to write this statement. This tragedy is so grievous because it is apparent what had happened. Raymond called for help and, in turn, was shot down at his doorstep. Raymond’s rights were violated by the authorities whom we trust to protect our Nation. Improper and unprofessional actions of the agencies involved were witnessed by family members present near the crime scene. Loved ones sat in agony, not knowing of Raymond’s condition until they were told that he had passed hours later. Raymond lay in front of his home for seven hours before a coroner from Tucson arrived. In our eyes and hearts, we believe that Raymond was approached with excessive and deadly force that took his life. He was a father, brother, uncle, friend, and an involved community member. Raymond always fought for what was right, and he will continue to fight even after his death. This is not an isolated incident, but it should bring awareness of the oppression our people live through. We want to thank so many of you for your condolences and support. A GoFundMe for defense funds will be available soon. A peaceful gathering to support all victims of the unmonitored violent actions of the Border Patrol and other agencies will be held at The Border Patrol Station in Why, Az, and Tucson on Golf Links Road this Saturday, May 27th, from 10:00am-Noon.
Contact for support: justiceforraymattia@gmail.com
Occupied Kinłani, May 5, 2023 — Tonight a fierce crew held a vigil and rally then took to the streets of occupied Flagstaff on the national day of awareness for missing and murdered Indigenous women, girls, two-spirit, and trans relatives. Family members and friends of Arielisa Bryant & Nicole Joe spoke about the injustices they had faced at the hands of law enforcement. Others shared their stories with five families speaking out about their missing or murdered relatives. Speakers connected the desecration of sacred sites as violence against the land being violence against our bodies. After a moment of silence (which was turned into a moment of rage), the group headed through the crowded streets. Intersections were held. A round dance was done. Chants echoed, “No More Stolen Sisters!” “No Justice No Peace, Fuck the Police!” and “Who keeps us safe? We keep us safe!” while relatives of MMIWG2ST spoke. At one point the group stopped near where Vanessa Lee was found (2018) and created a memorial. After the action, the massive red dress banner that was carried through the streets was dropped.
This action came as U.S. Secretary of the Interior Secretary Deb Haaland prepares to hold a “Not Invisible Act Commission” hearing in Flagstaff on May 9th at a so far unannounced location with little community outreach. The commission is filled with cops, judges, and politicians who seek to further colonial policing and laws over Indigenous lands. Haaland is also complicit in allowing the Willow Project to proceed which furthers resource colonial violence that is directly linked to #MMIWG2ST.