Tribes Halt Major Copper Mine on Ancestral Lands in Arizona
By Alison Cagle
Rising above the Arizona desert, the Santa Rita Mountains cradle 10,000 years of Indigenous history. The Tohono O'odham Nation, Pascua Yaqui Tribe, and Hopi Tribe, among numerous other tribes, have worshipped, foraged, hunted and laid their ancestors to rest in the mountains for generations.
Mining corporation Hudbay Minerals proposed to dig a mile-wide open-pit copper mine in the Santa Ritas, burying dozens of sites sacred to the tribes under 1.8 billion tons of toxic waste. The mine's construction would raze ancestral Hohokam burial grounds, a historic Hohokam village and vital mountain springs.
Represented by Earthjustice, the Tohono O'odham fought Hudbay's ill-conceived mine in court, joined by the Hopi and Pascua Yaqui tribes. This summer, a judge ruled in favor of the three tribes, halting the mine in its tracks and directing the Forest Service to protect these public lands from the devastating impacts of the mine.
"Our relationship to the land is first and foremost," said Austin G. Nuñez, chairman of the Tohono O'odham Nation's San Xavier District in Tucson. "When our Hohokam ancestors' laid their loved ones in their final resting place, they never envisioned having them disturbed. We make every effort to not disturb them. We still feel their spirits today."
The proposed Rosemont Mine threatened Cienega Creek, where these children are playing. Thomas Wiewandt
Tohono O'odham families gather at the sacred sites to reinforce their connection to the desert that has sheltered them for generations. During these gatherings, tribal members will collect yucca, acorns, wild onion, plants for medicinal purposes, or bear grass for basket making.
"When our children were younger, we'd take them to the proposed Rosemont site and the desert to be with nature," said Nuñez. He laughs, remembering the calming effect of the environment. "It's amazing. When they were out there, the children wouldn't fight. They'd enjoy it. It's so peaceful."
The Santa Rita Mountains are one of Arizona's most biodiverse regions, with flora and fauna endemic to the Southwest. Undulating mountain ranges, part of the Sky Islands, frame a desert floor spotted with spiky yucca plants. The Santa Ritas are home to several endangered species, including the jaguar and southwestern willow flycatcher.
Critical to this desert ecosystem are freshwater streams, which nourish the land like capillaries through a body. The streams were the lifeblood of the Tohono O'odham's ancestors, and are considered holy by the tribe — making Hudbay's plans to pollute them with heavy metals and deplete the water table especially devastating.
The only way Hudbay could get away with creating a colossal mine on public lands was by an industry sleight-of-hand using an antiquated mining law.
The Mining Law of 1872 grants companies a right to use public lands on mining claims — if the land is discovered to contain a valuable mineral deposit. Hudbay filed patented claims overlying the proposed mine pit, which contained valuable minerals, including copper. They also filed hundreds of unpatented claims on adjacent lands with no mining value, where they intended to dump over a billion tons of toxic waste rock and tailings. The Forest Service acquiesced to this land grab, assuming Hudbay had a right to these unpatented claims without bothering to check whether Hudbay had discovered the requisite valuable mineral deposit on those claims.
This is a common abuse of the Mining Law, especially for gigantic open-pit mines like Rosemont. As mining companies began building massive industrial-scale operations in the 20th century, they twisted the law to fit their need for thousands of acres of additional public lands for waste dumps. The Forest Service has simply turned a blind eye on these baseless rights, letting companies run roughshod over our public lands.
In 2017, the Tohono O'odham turned to Earthjustice for help, after being sidelined by the Forest Service during the mine's development. Through this partnership, the tribe imparted the deep importance of the Santa Ritas to attorney Stu Gillespie.
"One of the most fulfilling parts of this case was sharing food with the Tohono O'odham leaders, [and] understanding their cultural ways of life and how important the sacred springs are," said Gillespie. People of all backgrounds can relate to the importance of preserving burial grounds, he noted, adding, "We wouldn't want someone building a mine in Arlington Cemetery."
The case moved slowly in the courts, but the company was moving quickly to start excavation. As Hudbay brazenly challenged the tribes by bringing machinery to the mine site, Gillespie could see that he needed to take the bold step of seeking a preliminary injunction to stop any digging from starting. Preliminary injunctions often aren't granted, because they're an exceptional remedy of last resort and parties must prove that they face immediate irreparable harm.
Adding to the urgency, Hudbay planned to hastily clear all of the lands that are burial grounds for the Tohono O'odham Nation's ancestors – the Hohokam. In the 1980s, another company prepared to mine the same site and encountered the burial grounds. The Anamax Mining Company soon went bankrupt and abandoned the site, leaving graves and the ancient village grounds open to the elements. Some of the tribes' ancestral remains were shipped to the University of Arizona, where they were warehoused for thirty years while the tribes fought to repatriate them. They were only returned to the Tohono O'odham Nation several years ago. The tribes were adamant about preventing a repeat of history.
Yellow-billed cuckoos are declining in number, but Cienega Creek provides a safe haven for them. Steve Baranoff
Instead of granting a preliminary injunction, the judge went a step further and definitively ruled on the merits of the tribes' case itself. The Court held that the Forest Service made a "crucial error" by assuming Hudbay had a right to use public lands without any evidence of a valuable mineral deposit, and that this error "tainted the Forest Service's evaluation of the Rosemont Mine from the start." With this argument, he prevented any mining activities from going forward, and called out the Forest Service for abdicating its duty to protect our public lands.
The judge in the case "identified the fatal flaw in the Forest Service's reasoning," said Gillespie. "He laid out an unbroken line of Supreme Court decisions, saying, 'No, you don't have rights under the Mining Law to pollute this land under billions of tons of waste rock, without evidence of valuable minerals.'"
The Santa Rita mountains loom over the desert in southern Arizona. Frank Walsh / Save the Scenic Santa Ritas
The judge's ruling could set a precedent among similar mining claims that abuse the Mining Law. By clearly identifying the Forest Service's obligation to regulate unpatented mining claims, this victory could make it harder for giant mining companies to exploit ancestral lands for Native American tribes and pollute precious ecosystems.
"The federal government and Hudbay tried to put up as many arguments as possible, but it was all smoke and mirrors," said Gillespie. "The judge cut through that really clearly. It's a powerful decision that stands for the proposition that nobody should get a free pass to wreak havoc on our public lands."
The victory is deeply felt among the Tohono O'odham, who see in this ruling a validation of Indigenous sovereignty over corporate schemes to desecrate their ancestral land.
"The judge's ruling shows that there is hope in the system," said Chairman Nuñez. "There are good people who believe in the sovereignty of Native nations, and their fundamental, inherent right to land and water. It has reinforced our vow to protect and enhance the lands we do have. We prayed that that mine would never be built. So it felt like our prayers had been answered."
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By Matthew J. Landry and Heather Eicher-Miller
When university presidents were surveyed in spring of 2020 about what they felt were the most pressing concerns of COVID-19, college students going hungry didn't rank very high.
Why It Matters<p>This is not just a matter of growling stomachs. This is a straight-up education and health issue.</p><p>When students don't really know if they'll be able to get enough to eat, it can lead to a series of problems that make it harder to stay in school. For instance, it can affect <a href="https://doi.org/10.1177%2F1359105318783028" target="_blank">academic performance</a> and <a href="https://doi.org/10.1186/s12889-019-6943-6" target="_blank" rel="noopener noreferrer">sleep quality</a>. It can also lead to <a href="https://doi.org/10.1177/1359105318783028" target="_blank" rel="noopener noreferrer">poor mental and physical health</a> outcomes for college students.</p><p>Food insecurity can also result in disrupted eating patterns if there is <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6627945/" target="_blank" rel="noopener noreferrer">not enough food or the variety</a> or <a href="https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-019-6943-6" target="_blank" rel="noopener noreferrer">quality of what someone eats</a> is low.</p>
Campus Food Pantries<p>Previous strategies by <a href="https://www.gao.gov/assets/700/696254.pdf" target="_blank">colleges and universities</a> to fight hunger in their student bodies have varied widely. They include campus food pantries, emergency cash assistance and nutrition education through noncredit classes or workshopse.</p><p>These strategies were put to the test during the spring 2020 semester, when nearly <a href="https://hope4college.com/wp-content/uploads/2020/06/Hopecenter_RealCollegeDuringthePandemic.pdf" target="_blank">three in five students</a> said they had trouble meeting their own basic needs during the pandemic.</p><p>College food pantries saw <a href="https://www.utrgv.edu/newsroom/2020/05/01-utrgv-student-food-pantry-seeing-recent-increase-in-demand-during-covid-19.htm" target="_blank" rel="noopener noreferrer">big increases</a> in demand. Others said they <a href="https://www.theprospectordaily.com/2020/09/22/uteps-food-pantry-is-running-out-of-food/" target="_blank" rel="noopener noreferrer">were getting less donated food</a>. This made it even harder to meet the rising food needs of students.</p><p>Campus food pantries largely rely on local or regional food banks, which have been dealing with <a href="https://www.indystar.com/story/news/local/2020/10/04/indiana-food-banks-call-more-food-stamps-meet-publics-need/3523683001/" target="_blank" rel="noopener noreferrer">greater demand</a> than they are able to meet during the pandemic.</p><p>The many students who are attending college remotely will, of course, have less access to campus resources like food pantries.</p>
Federal Help<p>Other potential ways to get more food are government programs like the <a href="https://www.fns.usda.gov/snap/recipient/eligibility" target="_blank">Supplemental Nutrition Assistance Program</a>, known as SNAP. Yet the majority of able-bodied students are not eligible. Long-standing restrictions, like the <a href="https://www.fns.usda.gov/snap/students" target="_blank">college SNAP rule</a>, prevent full-time students from receiving these benefits.</p><p>Such regulatory hurdles were created under the assumption that most students can rely on their parents to get enough to eat. However, college students have vastly different levels of financial support. Some students can rely on their parents for everything and others cannot rely on their parents for anything.</p><p>Decreased reliance on parental financial support is <a href="https://ir.library.louisville.edu/jsfa/vol47/iss3/5/" target="_blank">especially common</a> for first-generation students and students of color, who now make up <a href="https://1xfsu31b52d33idlp13twtos-wpengine.netdna-ssl.com/wp-content/uploads/2019/02/Race-and-Ethnicity-in-Higher-Education.pdf" target="_blank" rel="noopener noreferrer">45% of enrolled college students</a>.</p><p>Under normal circumstances, many college students might rely on part-time jobs to pay for their food.</p>
Short-Term Solutions<p>Universities and colleges can make it a priority to ensure students are aware of all available campus resources and services. They can also potentially help students apply for federal assistance benefits.</p><p>Campus food pantries are not a fully effective and efficacious solution for the scale of college food insecurity, but they can be a good interim solution to increase access to food for students.</p><p>Campuses without food pantries can start one, making use of resources the <a href="https://cufba.org/resources/" target="_blank">College and University Food Bank Alliance</a> provides. Schools with food pantries can try to get them to <a href="https://www.swipehunger.org/5campuspantry/" target="_blank" rel="noopener noreferrer">reach more students</a>.</p><p>Universities and colleges can also lean on one another for support. The <a href="http://wp.auburn.edu/endchildhungeral/alabama-campus-coalition-for-basic-needs/" target="_blank" rel="noopener noreferrer">Alabama Campus Coalition for Basic Needs</a> is a great example of this. It brings together 10 universities across the state of Alabama collectively working to address student food insecurity.</p>
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Is More CBD Really Better?<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDU2ODQyNC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYzMzYxMDMzN30.6B08i5QYW_Iq5bUf3qtm8oK8o6FKsRUZ74gdakgJ_TY/img.jpg?width=980" id="0ef5b" class="rm-shortcode" data-rm-shortcode-id="bac86abf3ce246742b18b0dc4052f4dd" data-rm-shortcode-name="rebelmouse-image" />
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By Dr. Kate Raynes-Goldie
Of all the plastic we've ever produced, only 9% has been recycled. So what happened to all that plastic you've put in the recycling bin over the years?
Triangle of Mistruths<p>The myth created around plastic recycling has been one of simplicity. We look for the familiar triangle arrows, then pop the waste in the recycling bin so it can be reused.</p><p>But the true purpose of those triangles has been misunderstood by the general public ever since their invention in the 1980s.</p><p>These triangles were actually created by the plastics industry and, according to a report provided to them in July 1993, <a href="https://www.npr.org/transcripts/912150085" target="_blank">were creating "unrealistic expectations"</a> about what could be recycled. But they decided to keep using the codes.</p><p>Which is why many people still believe that these triangular symbols (also known as a <a href="https://sustainablepackaging.org/101-resin-identification-codes/" target="_blank" rel="noopener noreferrer">resin identifier code</a> or RIC) means something is recyclable.</p><p>But according to the American Society for Testing and Materials International (ASTM) – which controls the RIC system – the numbered triangles "<a href="https://www.astm.org/Standards/D7611.htm" target="_blank" rel="noopener noreferrer">are not recycle codes</a>." In fact, they weren't created for the general public at all. They were made for the post-consumer plastic industry.</p><p>In other words, the symbols make it easier to sort the different types of plastics, some of which cannot be recycled – <a href="https://www.ecobin.com.au/understand-recycling-codes/" target="_blank" rel="noopener noreferrer">depending on the recycling facility</a>.</p><p>"Unfortunately, just placing your plastic into the recycling bin doesn't mean it will get recycled," says Lara Camilla Pinho. She is an architect and lecturer at the UWA School of Design who is researching novel uses of plastic waste.</p><p>"The recycling system is complicated and often dictated by market demand. Not all plastic is recyclable. We cannot recycle plastic bags or straws for example."</p>
Behind the Scenes<p>So, what makes recycling plastics so difficult?</p><p>"Essentially, there are two types of plastics – thermoplastics and thermosets. While thermoplastics can be re-melted and re-molded, thermosets contain cross-linked polymers that cannot be separated meaning they cannot be recycled," says Lara.</p><p>"Even thermoplastics have a limit to the amount of times we can recycle them, as each time they are recycled they downgrade in quality."</p><p>Even when plastics are recyclable, it is <a href="https://www.theguardian.com/environment/2019/oct/13/war-on-plastic-waste-faces-setback-as-cost-of-recycled-material-soars" target="_blank">often more costly</a> than simply making new plastics.</p>
Sugar, Seaweed and Mushrooms<p>If the conventional recycling system isn't working, what else can we do with all the plastic we've created?</p><p>Lara is looking for ways to add value to recycled plastics such as using it in the design and development of architectural products. She hopes to use these architectural products to help underserved communities that are disproportionately affected by plastic waste.</p><p>In addition to recycling, we also need to find ways to reduce our use of virgin petroleum-based plastics.</p><p>Bioplastic is one such product that has been getting a lot of hype over the last few years. And although they're better than petroleum-based plastics, bioplastics also come with their own <a href="https://phys.org/news/2017-12-truth-bioplastics.html" target="_blank">set of challenges</a>.</p><p>"There are already a lot of bio-based alternatives to plastic, such as bagasse – a byproduct of sugar cane processing," says Lara.</p><p><a href="https://blogs.scientificamerican.com/observations/the-mycelium-revolution-is-upon-us/" target="_blank" rel="noopener noreferrer">Mycelium</a>, a type of fungi we most often associate with mushrooms, are also providing an interesting plastic alternative.</p><p>"In the field of architecture, mycelium is starting to be used as an alternative to plastic insulation, but also as compostable packaging and bricks," says Lara.</p><p>"The bricks take around five days to make and are strong, durable, water resistant and compostable at the end of their use."</p><p><a href="https://www.arup.com/news-and-events/hyfi-reinvents-the-brick" target="_blank" rel="noopener noreferrer">Hy-Fi Tower</a>, created by <a href="http://www.thelivingnewyork.com/living_about.html" target="_blank" rel="noopener noreferrer">The Living</a>, is an example of a building made from these bricks.</p><p>And finally, there's seaweed.</p><p>"[Seaweed is] cheap and can reproduce itself quickly without fertilizers. In architecture, there is use for seaweed as an alternative to plastic insulation but also as cladding," says Lara.</p>
More Money, More Problems<p>While all these alternatives are great, the main cause of our plastic dilemma is not scientific or technological, but economic.</p><p>As long as it remains <a href="https://engineering.mit.edu/engage/ask-an-engineer/why-is-it-cheaper-to-make-new-plastic-bottles-than-to-recycle-old-ones/" target="_blank">cheaper to create new plastics</a> from fossil fuels rather than from bioplastics or from recycling, we're going to be stuck with plastic garbage islands floating in our oceans.</p><p>The true cost to our health and our environment has yet to be included in the equation. But once it is, maybe that is when the real shift will happen.</p>
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