In Major Win for Indigenous Rights, Supreme Court Rules Much of Eastern Oklahoma Is Still a Reservation
Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday.
The 5-4 decision, which The New York Times said was possibly the biggest legal victory for Indigenous Americans in decades, affirmed that lands granted to the Muscogee (Creek) Nation by Congress in the 19th century remained theirs after Oklahoma became a state.
"This is a historic day," Principal Muscogee (Creek) Chief David Hill told The New York Times. "This is amazing. It's never too late to make things right."
The decision comes after a long and painful history of forced removals and broken treaties endured by Native Americans at the hands of the U.S. government. The land in what is now Oklahoma was granted to the Creek in the first place following their forced relocation from their homes in Georgia and Alabama in the 1830s. This is something that Justice Neil Gorsuch acknowledged in writing the majority opinion.
"On the far end of the Trail of Tears was a promise," he wrote.
Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined him in the majority, while Chief Justice John Roberts wrote the minority opinion, according to the SCOTUS blog.
The case that led to the ruling, McGirt v. Oklahoma, involved a Seminole man named Jimcy McGirt who was convicted of sex crimes against a child on Creek land, NPR explained. After he was convicted, he argued that his case should be retried in federal court because the state court lacked jurisdiction: Congress had never disbanded the Creek reservation, so the tribe retained sovereignty, according to NPR and The New York Times.
The Supreme Court agreed.
"When our tribes were removed west of the Mississippi, to what is now Oklahoma, we were promised that this land would be ours for as long as the grass grew and the waters ran. That commitment from the United States was more than just a promise — it was the law. For more than a century, Oklahoma ignored the law and stepped on our treaty rights. Today, the Supreme Court said no more," Cherokee Nation citizen Rebecca Nagle said in an article published by Indigenous Rising Media.
Today the US Supreme Court effectively ruled a portion of Oklahoma is indeed Indian Territory. It is a great day to… https://t.co/HCV7gXXnTu— Indigenous Environmental Network (@Indigenous Environmental Network)1594374581.0
The ruling has two main implications, according to NPR.
- Native Americans accused of major crimes committed on reservation land will now be tried in federal court, while those accused of minor offenses will be tried in tribal courts.
- Native Americans tried and convicted by the state of Oklahoma in the past will have grounds to challenge these convictions.
The decision impacts the Muscogee (Creek) and four other nations with similar treaties: the Cherokee, Chickasaw, Choctaw and Seminole.
In his minority opinion, Roberts worried this would lead to confusion for the state's criminal justice system.
"The state's ability to prosecute serious crimes will be hobbled and decades of past convictions could well be thrown out," Roberts wrote, according to The New York Times. "On top of that, the court has profoundly destabilized the governance of eastern Oklahoma."
However, United States Attorneys for the Northern, Eastern and Western Districts of Oklahoma said they were confident they could handle the new arrangement.
"As Oklahoma's United States Attorneys, we are confident tribal, state, local, and federal law enforcement will work together to continue providing exceptional public safety under this new ruling by the United States Supreme Court," they said in a statement reported by Mvskoke Media.
There is also a chance the ruling could impact oil and gas operations in Eastern Oklahoma, E&E News explained. That's because those operations will now be taking place on federal land, rather than state land, and could be subject to tougher regulations.
"The status of land is a really big point in determining who has regulatory authority, and that's why it has broad implications," Elizabeth Kronk Warner, dean of the S.J. Quinney College of Law at the University of Utah, told E&E News. "Anytime there is oil and gas development on federal land, you have to go through the federal government to get your permitting and everything, and that's true for development in Indian Country."
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EcoWatch Daily Newsletter
Coronavirus Shines Light on Zoos as Danger Zones for Deadly Disease Transmission Between Humans and Animals
By Marilyn Kroplick
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By Kate Whiting
Bernice Dapaah calls bamboo "a miracle plant," because it grows so fast and absorbs carbon. But it can also work wonders for children's education and women's employment – as she's discovered.
These are the world's most bicycle-friendly cities. Statista<p>"The reason we use bamboo to manufacture bicycles is because it's found abundantly in Ghana and this is not a material we're going to import," says Dapaah, one of the World Economic Forum's Young Global Leaders.</p><p>"It's a new innovation. There were no existing bamboo bike builders in our country, so we were the first people trying to see how best we could utilize the abundant bamboo in Ghana."</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="a335b5dffdd806bd6bb4debea90c2045"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/dxsb9c4HMn0?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
Supporting Students<p>Besides encouraging Ghanaians to swap vehicles for affordable bikes, Ghana Bamboo Bikes Initiative is helping students save time on walking to school so they have more time to learn.</p><p>Each time they sell a bike, they donate a bike to a schoolchild in a rural community, who might otherwise have to walk for hours to get to school.</p><p>Dapaah knows how transformative a shorter journey to school can be to academic performance. She grew up living with her <a href="https://www.youtube.com/watch?v=sb3joGYmx9A&feature=emb_logo" target="_blank">grandpa, a forester in a rural part of the country</a>.</p><p>"We had to walk three and a half hours every day before I could go to school. He later bought me a bike, so I finished senior high and wanted to go to university."</p><p>The experience inspired her to launch Ghana Bamboo Bikes Initiative with two other students at college.</p><p>"When we started this initiative, I looked back and said, when I was young, I had to walk miles before I could get to school, and sometimes if I was late, I was punished.</p><p>"Why don't we donate bikes for students to encourage them to study and so they can have enough time to be on books."</p><p>To date, they have sold more than 3,000 road, mountain and children's bikes – and Dapaah says they plan to donate <a href="https://www.entrepreneur.com/video/350343" target="_blank">10,000 bikes to schoolchildren over five years</a>.</p>
Empowering Women<p>The enterprise is also providing local jobs. It teaches young people to build bikes, particularly women and those in rural communities, where jobs can be scarce. More than 50% of people they have trained are women.</p><p>Dapaah says they want to boost the number of people they employ to 250 over the next five years and they are looking to partner with NGOs to build a childcare facility so mothers can continue to work.</p>
Reducing Emissions<p>By promoting a cycling culture in Ghana, Dapaah says they're also committed to reducing emissions in the transport sector and contributing to the UN's Sustainable Development Goals.</p><p>"I love the idea of reusing bamboo to promote sustainable cycling. People want to go green, low-carbon, lean-energy efficient," she says.</p>
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Deforestation coupled with the rampant destruction of natural resources will soon have devastating effects on the future of society as we know it, according to two theoretical physicists who study complex systems and have concluded that greed has put us on a path to irreversible collapse within the next two to four decades, as VICE reported.
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By Kristen Pope
Melting and crumbling glaciers are largely responsible for rising sea levels, so learning more about how glaciers shrink is vital to those who hope to save coastal cities and preserve wildlife.
Groans, Creaks, Icebergs’ Calving Splashes<p>Oskar Glowacki already knew that melting glacial ice sounds like frying bacon. As ice bubbles burst, anyone nearby can hear crackling and popping, said Glowacki, a postdoctoral scholar at the Scripps Institution of Oceanography. Using hydrophones, he and other scientists now can make more nuanced measurements of how a changing climate sounds underwater, from the groans, creaks and splashes of a calving iceberg to the changes in whale songs as the ocean warms.</p><p>Glowacki recently used a pair of hydrophones to study the underwater world of glaciers, publishing his findings in <a href="https://www.the-cryosphere.net/14/1025/2020/" target="_blank">The Cryosphere</a>. He and co-author Grant B. Deane measured glacier retreat by <a href="https://yaleclimateconnections.org/2020/07/melting-glaciers-sound-like-frying-bacon/" target="_blank">recording the sounds of ice</a> – from small chunks to enormous slabs – falling off the glacier and splashing into the water.</p><p>During the summer of 2016, Glowacki's team placed two hydrophones near Hansbreen Glacier in Hornsund Fjord, Svalbard. For a month and a half, they recorded sounds, also using three time-lapse cameras to collect images – including the "drop height" (how far the ice fell into the water) – so they could compare photos to the recordings. The team created a formula to represent the relationship between the size of a piece of ice falling from a glacier and the sound it makes underwater, also accounting for the pieces of ice falling from varying heights. (Hear an example of the sound an iceberg makes while calving <a href="https://soundcloud.com/user-248456662/iceberg-calving-hansbreen-glacier" target="_blank">here</a>.)</p>
Unlocking Information About Antarctic Ice Shelf<p>Other researchers also are using hydrophones to learn more about crumbling glaciers. Bob Dziak, research oceanographer with the NOAA/Pacific Marine Environmental Laboratory <a href="https://www.pmel.noaa.gov/acoustics" target="_blank">acoustics research group</a>, captured a massive calving event of the Nansen Ice Shelf in Antarctica with a hydrophone. He published the results with colleagues in <a href="https://www.frontiersin.org/articles/10.3389/feart.2019.00183/full" target="_blank">Frontiers in Earth Science</a></p><p>On April 7, 2016, satellite images showed a massive calving event had occurred on the ice shelf. The paper described it as the "first large scale calving event in >30 years."</p><p>However, once Dziak and colleagues delved into the data from three hydrophones deployed 60 kilometers east of the ice shelf, they uncovered a series of "icequakes" from January to early March 2016. He and other researchers believe that much of the ice actually broke free in mid-January to February, but it remained in the same location until an April storm – which their paper described as the "largest low-pressure storm recorded in the previous seven months" – broke the ice free.</p><p>"We suspected that the icebergs broke apart but remained in place – kind of pinned in place – until a major storm with high winds passed through the area and, finally, it was that last push that pushed the icebergs out to sea," Dziak says.</p><p>He and his co-authors wrote that "fortuitous timing and proximity of the hydrophone deployment presented a rare opportunity to study cryogenic signals and ocean ambient sounds of a large-scale ice shelf calving and iceberg formation event."</p>
Listening to Songs of Humpback Whales<p><a href="https://www.mbari.org/" target="_blank">Monterey Bay Aquarium Research Institute</a> studies the ocean, including its acoustics. One of the institute's projects involves examining the soundscape of California's Monterey Bay, including sounds from animals, humans, weather, and geologic processes like earthquakes. The researchers once even recorded an under-sea landslide. They also focus on recording and analyzing the <a href="http://www.mbari.org/humpback-song/" target="_blank">songs of humpback whales</a>. Male humpback whales' songs can be over 15 minutes in length, and they can be repeated for long periods of time – even hours. Listening to these songs and analyzing them can provide unique insights into the lives of these complex animals.</p><p>"Any time we want to study marine mammals, sound gives us a window into their lives because they use sound for all of their essential life activities, really," says institute biological oceanographer John Ryan. "Communication, foraging, reproduction, navigation – depending on the species, of course."</p><p>Previously, scientists had thought singing occurred only during courtship and mating, but now they think whales may also use song while migrating and hunting. They know song has a crucial role in the whales' lives.</p><p>"There's a whole other dimension to humpback whale song," Ryan says. "It is a mode of cultural transmission in this species. They learn songs from each other. They share songs as a population, and when populations mix and mingle, they learn new ideas, they explore with their song, improvise, and it's a real essential part of their culture."</p>
By William S. Lynn, Arian Wallach and Francisco J. Santiago-Ávila
A number of conservationists claim cats are a zombie apocalypse for biodiversity that need to be removed from the outdoors by "any means necessary" – coded language for shooting, trapping and poisoning. Various media outlets have portrayed cats as murderous superpredators. Australia has even declared an official "war" against cats.
Faulty Scientific Reasoning<p>In our <a href="https://doi.org/10.1111/cobi.13527" target="_blank">most recent publication</a> in the journal Conservation Biology, we examine an error of reasoning that props up the moral panic over cats.</p><p>Scientists do not simply collect data and analyze the results. They also establish a logical argument to explain what they observe. Thus, the reasoning behind a factual claim is equally important to the observations used to make that claim. And it is this reasoning about cats where claims about their threat to global biodiversity founder. In our analysis, we found it happens because many scientists take specific, local studies and overgeneralize those findings to the world at large.</p><p>Even when specific studies are good overall, projecting the combined "results" onto the world at large can cause unscientific overgeneralizations, particularly when <a href="https://doi.org/10.1016/j.tree.2015.01.003" target="_blank">ecological context is ignored</a>. It is akin to pulling a quote out of context and then assuming you understand its meaning.</p>
Ways Forward<p>So how might citizens and scientists chart a way forward to a more nuanced understanding of cat ecology and conservation?</p><p>First, those examining this issue on all sides can acknowledge that both the well-being of cats and the survival of threatened species are legitimate concerns.</p><p>Second, cats, like any other predator, affect their ecological communities. Whether that impact is good or bad is a complex value judgment, not a scientific fact.</p><p>Third, there is a need for a more rigorous approach to the study of cats. Such an approach must be mindful of the importance of ecological context and avoid the pitfalls of faulty reasoning. It also means resisting <a href="https://doi.org/10.1111/cobi.13126" target="_blank">the siren call of a silver (lethal) bullet</a>.</p>
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