President Donald Trump’s sweeping tax bill is on its way to his desk for a signature after House Republicans passed the legislation with a vote of 218-214 on Thursday. As the administration celebrates, many Americans are contemplating its effects closer to home. With deep cuts to Medicaid, food stamps, and renewable energy projects, the bill is likely to have a devastating effect on low-income and rural communities across the country.
But while Republican governors in states that rely on those programs have largely remained silent about the bill’s effects, tribal leaders across the country are not mincing words about the upcoming fallout for their communities.
“These bills are an affront to our sovereignty, our lands, and our way of life. They would gut essential health and food security programs, roll back climate resilience funding, and allow the exploitation of our sacred homelands without even basic tribal consultation,” said Chalyee Éesh Richard Peterson, president of the Tlingit and Haida in Alaska, in a statement. “This is not just bad policy — it is a betrayal of the federal trust responsibility to tribal nations.”
Tribes across the country are particularly worried about the megabill’s hit to clean energy, complicating the development of critical wind and solar projects. According to the Department of Energy, tribal households face 6.5 times more electrical outages per year and a 28 percent higher energy burden compared to the average U.S. household. An estimated 54,000 people living on tribal lands have no electricity.
Under the 2022 Inflation Reduction Act, or IRA, the Biden administration opened up new federal funding opportunities, increased the loan authority of the Tribal Energy Loan Guarantee Program, and created new tax credits for wind energy, battery storage, large-scale solar farms, and programs to repurpose lands harmed by environmental degradation for related energy projects. When signed into law, Trump’s new bill will largely dismantle these programs.
Historically, tribes have had limited access to capital to fund clean energy projects. Through the IRA, new projects were driven by tribes to address community and infrastructure needs on their terms. According to tribes and energy advocacy groups, these projects not only help build energy infrastructure for each tribal nation but also create jobs, boost local economies, and affirm sovereignty.
Crystal Miller, a member of the Walker River Paiute Tribe, heads government affairs and policy at the Alliance for Tribal Clean Energy, underlined the existential outcomes for tribal communities. “It is extremely life or death if you’re talking about clean energy projects, in particular solar, which provide energy to homes, provide heat to homes that wouldn’t have it without because they don’t have lines run to their community,” she said.
Prior to the House vote, the Alliance for Tribal Clean Energy was part of a broader group that sent letters to Congress warning of the bill’s consequences for tribes, treaties, and domestic energy priorities. These “are not only economic but also environmental and humanitarian,” they wrote after the Senate narrowly approved the bill 51-50 earlier this week, with Vice President JD Vance casting the tie-breaking vote.
Miller pointed out that tribes weren’t consulted on the terms of the bill headed to Trump’s desk, yet they will be forced to live with the consequences. Tribal leaders across the United States warned the legislation could jeopardize projects critical to their communities’ energy needs: A tribal village in Alaska’s attempt to curb high electricity costs by establishing a tribal utility; the Cheyenne River Sioux’s efforts to navigate long, harsh winters in South Dakota; and California tribes’ development of microgrids to offset power outages due to wildfires. The Hopi Tribe in Arizona said the sovereign nation’s microgrid would fail after a historic transition from coal.
Tribal leaders also warned there could be widespread job losses across the 574 federally recognized tribal nations, an outcome at odds with Trump’s economic promises. “When we talk about bringing jobs back to America and keeping them here domestically, that also includes tribal nations,” Miller said.
Kimberly Yazzie, a Diné professor at the University of British Columbia whose previous research focused on tribal clean energy development, called the legislation a big setback — though not entirely unexpected. “Tribes have been presented with challenges in the past hundred years and this is a challenge we’ll have to face,” she said. “It will come down to the tribal, entity, and individual level, and how they want to best move forward.”
Earlier this month, the Trump Administration pulled the federal government out of the Resilient Columbia Basin Agreement — a deal struck in 2023 by the Biden administration between two states and four Indigenous nations aimed at restoring salmon populations and paving a way to remove four hydroelectric dams along the river system. The move is likely to revive decades-old lawsuits and further endanger already struggling salmon populations.
“Washington state has said it’s going to need to double the amount of electricity it uses by 2050,” said Kurt Miller, head of the Northwest Public Power Association representing 150 local utility companies. “And they released that before we started to see the really big data center forecast numbers.”
Indigenous nations, however, say ending the agreement undermines treaty rights. Through the 1855 treaty between the United States and the Yakama, Nez Perce, Umatilla and what is now the Confederated Tribes of the Warm Springs, Indigenous Nations ceded 12 million acres of land to the federal government in exchange for several provisions, including the right to hunt, gather and fish their traditional homelands. But in the 1960’s, the U.S. Army Corps of Engineers began construction of hydroelectric dams along the Lower Snake River – a tributary of the Columbia River – that had immediate impacts on salmon runs, sending Steelhead and Chinook populations into a tailspin.
That drop in salmon, the tribes have argued, violates the fishing clause of the 1855 treaty.
“It’s a contract right. They’re not a special public interest or private right or anything else. [The tribes] deserve to have, and demand to be, respected,” said Daniel Cordalis, a water rights attorney with the Native American Rights Fund. “They’re just not.”
After decades of lawsuits filed by the affected tribes, the 2023 Columbia Basin Agreement put a pause on litigation and opened up possibilities for salmon restoration and the possibility of removing the dams along the Snake River. With the Trump administration pulling out of the agreement, parties are back to where they started.
“The federal government’s historic river management approach is unsustainable and will lead to salmon extinction,” said Yakama Tribal Council Chairman Gerald Lewis. “This termination will severely disrupt vital fisheries restoration efforts, eliminate certainty for hydro operations, and likely result in increased energy costs and regional instability.”
To date, fish hatcheries have struggled to produce enough salmon and steelhead to meet recovery goals. The restoration efforts have been paid for by the Bonneville Power Administration, the federal agency responsible for maintaining the dams and marketing the power generated from 31 dams along the river system to local utilities. For the last decade, data collected by monitors such as the Fish Passage Center, a federal agency, has shown the Columbia River system’s average water temperature rising to temperatures that endanger salmon.
“For as long as these dams remain in place, the fish will continue to be threatened and endangered,” said Eric Crawford, Trout Unlimited’s Snake River director.
A 2022 report by the National Oceanographic and Atmospheric Administration, or NOAA, recommended dam removal as the best method to save salmon. In a Public Power Council statement, representing hydropower systems in the U.S, claimed operating costs for fish and wildlife mitigation comprise one-third of the bill to utility customers.
But Kurt Miller of the Northwest Public Power Association welcomed the Trump administration’s decision, saying that utility companies had been left out of the conversations that led to the agreement. That, coupled with an expected rise in electricity demand due to the construction of data centers and the Trump administration’s goal to “unleash” American energy, is likely to take precedence over salmon recovery efforts and legal contracts struck between Indigenous nations and the federal government.
“We have rights and interests that go through the whole United States,” said Daniel Cordalis. “We should be heard, we should be consulted, and we should be represented on all those interests too, not when convenient.”
For more than 30 years, the United Nations has helped support research positions at universities to delve into the most pressing issues facing humanity: climate change, sustainable development, peace, and human rights.
Nearly 1,000 UNESCO chair positions have been established in universities across 120 countries. But only a handful of them — fewer than 10 — have been explicitly dedicated to issues facing Indigenous peoples.
Now, two Indigenous researchers from Canada and India have been tapped to co-chair a new role dedicated to advancing Indigenous rights through strengthening data sovereignty, stemming language loss, and improving research practices. Amy Parent, a member of the Nisga’a Nation in British Colombia, and Sonajharia Minz of the Oraon Tribal Peoples in India have been named co-chairs of the UNESCO Chair in Transforming Indigenous Knowledge Research Governance and Rematriation.
Indigenous knowledge has long suffered under colonial rule, and now, Indigenous languages and ways of life are increasingly at risk due to climate change. More than half of the world’s 7,000 languages are on track for extinction, an end which could be hastened by the climate crisis. Sea level rise, storms, and rising heat are forcing Indigenous peoples to leave their homelands and making it harder for communities to maintain traditional languages, lifestyles, and cultural practices. Those same extreme weather events are exacerbating existing health risks for elders and other knowledge holders, some of whom are the last in their communities to be native language speakers. At the same time, traditional ecological knowledge, often captured within Indigenous languages, is increasingly seen as a climate solution.
“When we look at Indigenous knowledge systems, everything’s connected,” Parent said. “Language is connected to land, land is connected with language, it’s connected to thinking, it’s connected to health. It’s connected to how we learn. And so when we start damaging one, we damage everything.”
Grist spoke with Parent about Indigenous knowledge systems, their connection to climate change, and what she hopes she and Minz can accomplish in this new role.
This interview has been edited for length and clarity.
Q. One of your goals is help stem the loss of Indigenous languages, which are rapidly disappearing. How would you characterize what’s at stake?
A. Language is everything. Language teaches us how to think and how to know and how to connect with our land and with all living beings and teaches us our relationships with everything. If the languages continue to be taken, then we lose so much knowledge and so many values and ways of living within the world that can support us in ways where all of humanity can survive. I think we’re in a really critical moment and we need to do everything we can. If we don’t have our languages, they can’t teach us how to live well in the lands and the places where we currently reside.
For example, in my nation, we have five percent of fluent speakers left. And certainly, we are seeing a reawakening of Indigenous languages around the world. But it’s also a pressing priority for us to continue restoring and revitalizing them. So that’s something that we really want to continue in terms of our work supporting the goals of the U.N. decade for Indigenous languages and continuing to work with as many language champions and language educators and teachers as possible.
Q. Can you share more about the relationship between Indigenous languages, land, and climate?
A. In a Nisg̱a’a teachings — considered a “total way of life” — our seasonal calendar is more than a way to mark time, it is a governance framework encoded in language. Each month carries a land-based teaching that guides how we relate to land, water, and each other. For example, X̱maay — the month “to eat berries,” aligning with July — signals the time when salmonberries and other plants ripen. But this is not only about harvesting; it’s a land-based teaching that also marks the return of the salmon. The color of the salmonberry is a cue to prepare nets, clean our jars, and get our smokehouse ready. These signals are remembered and passed on through language, linking living ecological cycles to our collective responsibilities.
This is why Indigenous languages are inseparable from land. A single word like X̱maay contains generations of climate knowledge, laws, and cultural practices. When we revitalize our languages, we are not just preserving communication, we are restoring relational systems practiced across generations.
When Indigenous languages are lost, these intergenerational signals — our original “climate science” — are at risk of vanishing too. But when we respect, revitalize, and uphold Indigenous knowledge systems, we restore these living relationships and the teachings that uphold not only our lifeway but the renewal of Mother Earth.
Q. What needs to happen to prevent the extinguishing of Indigenous languages?
A. I think we need to start listening to Indigenous peoples and what’s being said first and foremost about our languages, why they’re important. We need to prioritize them in our education systems. Here in Canada, we have French and English as our dominant languages. When we look at French language funding, it is a healthy, thriving language that is disproportionately funded by the Canadian government compared to Indigenous languages. And I think sometimes as Indigenous peoples, we need to remind our own governments of the importance of our language in terms of priorities. It can be very challenging for our leaders when they’re grappling with funding issues, resource issues, health and healing crises amongst everything, that sometimes our languages get put on the back burner. And so I think it’s really important that we prioritize them in everything that we do.
Q. A decade ago, the United Nations adopted sustainable development goals to address poverty, hunger, climate change, and many other ambitious goals. Yet since then, the situation for Indigenous peoples has worsened, according to the International Work Group for Indigenous Affairs. What do you think about its conclusion, and what that says about the relationship between sustainable development goals and Indigenous ways of thinking?
A. It’s a necessary critique of the work right now. These U.N. bodies are doing their best but that’s a clear example of what happens when we don’t connect these green priorities with Indigenous systems and languages. Ultimately we’re just tapping something onto an existing framework: We’re not changing capitalism or questioning anything. We’re just perpetuating ongoing systems of inequality that keep on impacting the land, the roles of women, our language, and our future generations.
If you look at the conditions of Indigenous peoples around the world, they’ve gotten worse. That, to me, was more of an impetus for the work that we need to do. We can greenwash anything but we’re not going to change anything. Until we start to recognize the knowledge systems and the languages and the places from where we currently have the opportunity to reside and the privilege to reside, we’re not going to know how to live well within the living systems that we’re a part of and how to protect them and how to preserve them and promote them for future generations.
Q. You mentioned that you adopted the term “rematriation” rather than repatriation in part because the Nisga’a Nation is a matrilineal society. Now rematriation is part of your job as U.N. chair. What does rematriation mean to you?
A. Repatriation itself is really still about patriarchal authority, it’s still about reinforcing colonial logics, laws, and practices. And if we’re really to honor all of the amazing women that have gotten us to where we are today, then we need to change that term and make it more relevant. Rematriation has other dimensions, but most certainly it has to do with the restoring of our matriarchal authority within our own communities that’s been impacted by colonialism. I think it’s about honoring and recognizing that as Indigenous peoples. What, for me, rematriation represents is a balancing of all the roles in our communities with our men, with two-spirit gender diverse people, with their children, with our elders, with the matriarchs, with their chiefs, and it’s about trying to bring that balance back in that’s been disrupted by colonialism. And so, for me, it’s also a process of healing and restoring and reclaiming what was really never given up.
Q. How would you describe the significance of your new UNESCO role for Indigenous peoples?
A. It means that we have another door open to us to be able to talk to some of those who are in power who can make decisions and shape policies to allow us to create the space that we need to support our own languages and cultures. It’s a door that I’m still learning about because I haven’t been in those rooms. But it’s the door to further conversations that can support our people. It’s for everybody and anybody who feels that they’re a rights holder for Indigenous systems and for our ways of knowing, being, and doing.
Our roles are to keep that door open and to allow as many Indigenous peoples as possible to get into that room.
The American prairie was so vast, so alien, it shattered comprehension.
Newcomers to the seemingly endless grasslands that once spanned approximately a quarter of North America often hit a psychic wall, descending into fits of mania. Prairie madness, as the phenomenon came to be known, was recorded by the journalist E.V. Smalley in 1893 after a decade of observing life on the frontier: “An alarming amount of insanity occurs in the new Prairie States among farmers and their wives.”
America’s treeless, isolated expanse put early European settlers to the test. Drought, loneliness, and debt drove many to failure, forcing the homesteaders to retreat East.
But those who stayed unwittingly launched one of history’s largest terraforming projects, rewiring the land, the climate, and the future of the continent.
In Sea of Grass: The Conquest, Ruin, and Redemption of Nature on the American Prairie, longtime Minnesota journalists Dave Hage and Josephine Marcotty trace this staggering transformation.“The Europeans who colonized North America in the nineteenth century transformed the continent’s hydrology as thoroughly as the glaciers,” they write. “But, remarkably, they did it in less than one hundred years instead of tens of thousands.”
In putting hundreds of millions of acres of prairie to the plow, settlers not only forcibly displaced Indigenous nations, but completely altered the region’s ancient carbon and nitrogen cycles. They also turned the region into an agricultural powerhouse. The deep black soil once prevalent in the Midwest — the result of thousands of years of animal and plant decomposition depositing untold carbon stores into the ground — became the foundation of the modern food system. But the undoing of the American prairie also dismantled one of the Earth’s most effective climate defenses.
Grasses, like all plant life, inhale planet-warming carbon dioxide. As a result, “earth’s soils now contain one-third of the planet’s terrestrial carbon — more than the total released by human activity since the start of the Industrial Revolution,” Hage and Marcotty write. A 2020 Nature study found that restoring just 15 percent of the world’s plowed grasslands could absorb nearly a third of the carbon dioxide humans added to the atmosphere since the 1800s.
Today, the tallgrass prairie, which covered most of Illinois, Iowa, Minnesota, and the far eastern edge of the plains states, clings to about 1 percent of its former range. Even the hardier shortgrass prairie of the American West has been reduced by more than half.
“This is the paradox of the prairie,” the authors write. “Feared by pioneers, shunned by tourists, dismissed today as a wasteland best viewed from thirty thousand feet, the North American prairie is nonetheless one of the richest ecosystems on Earth.”
Americans, then as now, have struggled to make sense of the prairie. Hage and Martcotty spoke to Grist about the near collapse of the American prairie, and what its return would mean in an era of a rapidly warming climate.
The prairie has been misunderstood at our own peril. Why is that and how do you make people care about grass?
Josephine Marcotty: When European settlers first arrived, they were terrified by the open spaces and by the crazy weather that they encountered on the prairie. Wide open grasslands were not something they had ever experienced in Europe, which had been much more controlled by humans for a longer period of time.
David Hage: The areas were so remote and a lot of these immigrants had come from sweet little villages in Norway or Sweden or Germany. Here, they landed, and they might not have a neighbor within 10 or 15 miles. People really suffered from terrible loneliness and even mental illness from the isolation.
JM: But by the time Americans realized that the prairie was something to preserve, the tallgrass prairie was almost all gone. It had been plowed and turned into farmland. So the tallgrass prairie is almost something that we’ve never experienced. We don’t know what it is.
DH: We can talk about wildlife, we can talk about water, l but the thing that knocked me out is climate change. The world’s grasslands are one of the planet’s greatest buffers against climate change. When we plow open the grasslands, as we’re doing now, a million acres a year out West, you’re releasing huge amounts of carbon, you’re making climate change worse, and you’re taking out all those acres of grass that could sequester carbon in the future. One researcher we talked to, Tyler Lark, at the University of Wisconsin, said that the recent pace of plowing in the western grasslands is the climate change equivalent of adding 11 million cars to the roads every year. So it’s a climate change disaster.
Early settlers didn’t just plow the prairie. They also forcibly displace Native peoples to do it. How do you see large-scale prairie restoration as a means of reparations?
DM: We write about the bison herds out West on Native American reservations. There are now 25 or 30 of these wonderful tribal bison herds. This operation to rescue Yellowstone bison and distribute them to Native peoples has launched these tribal bison herds all the way from Alaska down to Texas. And it’s a triple win: It saves this endangered, magnificent animal; it’s good for the grasslands, because where bison graze, grass flourishes; and it’s a wonderful way of preserving the threatened cultural heritage of the Plains tribes in South Dakota. There’s also a great outfit called the Buffalo Grasslands Coalition, which is a tribal operation to raise money and restore grasslands and native ecosystems on tribe-managed land.
JM: A lot of the tribes have both a sacred herd that they use for their cultural and the religious ceremonies, and they also have livestock herds that they use to turn into meat that they sell, not only to their tribal members, but to others. It’s having that economic independence that grants a stronger sense of sovereignty. You can’t do it without economics.
The majority of the prairie is gone. Given its value, why does its destruction continue? Is it policy or profit or something else?
JM: Because corn pays more than cattle or bison.
DH: We came across an amazing statistic, that of all the major landscapes in America, grasslands were the last one to get their own national park. It didn’t happen until 30 or 40 years ago, and one of the reasons was to protect that grass, they would be competing with farmers and people who wanted to earn a living on that land.
JM: The EPA just raised the ethanol fuel mandate. In other words, they’re creating an even greater market for corn. And it was ethanol that really drove corn prices up, and they’ve been up ever since we started mandating the use of ethanol in fuel. That’s just going to continue as long as we don’t subsidize other kinds of farmers that actually grow food for us. Otherwise, grassland will never be able to compete.
The book makes the case that federal subsidies for ethanol have been disastrous for grasslands. Is it possible to dismantle a system that is both ecologically catastrophic and economically entrenched?
DH: It is a huge source of revenue for farmers in the Upper Midwest. We ran into a lot of farmers who said, “I wouldn’t be able to sell my corn crop if it weren’t for ethanol,” or “I didn’t make any money until ethanol came along.” So it’s very hard for politicians campaigning in the Midwest to stand up against ethanol. But it would only take very modest changes to the federal farm bill: Just wind down the ethanol mandate a bit, add a little more money to these proven federal conservation programs which reward farmers for conservation practices on working land.
JM: The economics are a false economy. It’s all driven by federal policy and not markets.
DH: We met wonderful people in the course of reporting this book, generous, hard working people, but they’re trapped in a system that’s not of their own making. We have this federal set of subsidies that just pushes farmers in the direction of plowing more land, planting more corn, using more chemicals, and they don’t have a lot of choice if they want to save the family farm and stay in business.
The book has an alternative vision for agriculture — one that saves soil and may even provide a lifeline for the prairie. What does that look like and where is it happening?
JM: It’s going to be different wherever you farm. It’s a lot easier to grow cover crops in southern Iowa than it is in North Dakota, simply because of the difference in the weather. A big piece here would be for farmers to plant more diverse crops. Nature does not like simplicity. Nature likes complexity, and if we had a more complex farm system, it would be better for everyone.
DH: There’s really good research coming out of Iowa State University and the University of Minnesota, which shows that when you have a slightly more diverse crop rotation, you have less flooding, less erosion, healthier soil, less diesel fuel and less fossil fuel-based fertilizers.
For the fewer than a hundred people that make up the entire population of Port Heiden, Alaska, fishing provides both a paycheck and a full dinner plate. Every summer, residents of the Alutiiq village set out on commercial boats to catch salmon swimming upstream in the nearby rivers of Bristol Bay.
John Christensen, Port Heiden’s tribal president, is currently making preparations for the annual trek. In a week’s time, he and his 17-year-old son will charter Queen Ann, the family’s 32-foot boat, eight hours north to brave some of the planet’s highest tides, extreme weather risks, and other treacherous conditions. The two will keep at it until August, hauling in thousands of pounds of fish each day that they later sell to seafood processing companies. It’s grueling work that burns a considerable amount of costly fossil fuel energy, and there are scarcely any other options.
Because of their location, diesel costs almost four times the national average — the Alaska Native community spent $900,000 on fuel in 2024 alone. Even Port Heiden’s diesel storage tanks are posing challenges. Coastal erosion has created a growing threat of leaks in the structures, which are damaging to the environment and expensive to repair, and forced the tribe to relocate them further inland. On top of it all, of course, diesel generators contribute to greenhouse gas emissions and are notoriously noisy.
“Everything costs more. Electricity goes up, diesel goes up, every year. And wages don’t,” Christensen said. “We live on the edge of the world. And it’s just tough.”
In 2015, the community built a fish processing plant that the tribe collectively owns; they envisioned a scenario in which tribal members would not need to share revenue with processing companies, would bring home considerably more money, and wouldn’t have to spend months at a time away from their families. But the building has remained nonoperational for an entire decade, because they simply can’t afford to power it.
Enormous amounts of diesel are needed, says Christensen, to run the filleting and gutting machines, separators and grinders, washing and scaling equipment, and even to store the sheer amount of fish the village catches every summer in freezers and refrigerators. They can already barely scrape together the budget needed to pay for the diesel that powers their boats, institutions, homes, and airport.
The onslaught of energy challenges that Port Heiden is facing, Christensen says, is linked to a corresponding population decline. Their fight for energy independence is a byproduct of colonial policies that have limited the resources and recourse that Alaska Native tribes like theirs have. “Power is 90 percent of the problem,” said Christensen. “Lack of people is the rest. But cheaper power would bring in more people.”
In 2023, Climate United, a national investment fund and coalition, submitted a proposal to participate in the Greenhouse Gas Reduction Fund, or GGRF — a $27 billion investment from the Inflation Reduction Act and administered by the Environmental Protection Agency to “mobilize financing and private capital to address the climate crisis.” Last April, the EPA announced it had chosen three organizations to disseminate the program’s funding; $6.97 billion was designated to go to Climate United.
Then, in the course of President Donald Trump’s sweeping federal disinvestment campaign, the Greenhouse Gas Reduction Fund was singled out as a poster child for what Trump’s EPA Administrator Lee Zeldin claimed was “criminal.”
“The days of irresponsibly shoveling boatloads of cash to far-left activist groups in the name of environmental justice and climate equity are over,” Zeldin said in February. He then endeavored on a crusade to get the money back. As the financial manager for GGRF, Citibank, the country’s third-largest financial institution, got caught in the middle.
The New York Times reported that investigations into Biden officials’ actions in creating the program and disbursing the funds had not found any “meaningful evidence” of criminal wrongdoing.
On March 4, Zeldin announced that the GGRF funding intended to go to Climate United and seven other organizations had been frozen. The following week, Climate United filed a joint lawsuit against the EPA, which they followed with a motion for a temporary restraining order against Zeldin, the EPA and Citibank from taking actions to implement the termination of the grants. On March 11, the EPA sent Climate United a letter of funding termination. In April, a federal D.C. district judge ruled that the EPA had terminated the grants unlawfully and blocked the EPA from clawing them back. The Trump administration then appealed the decision.
Climate United is still awaiting the outcome of that appeal. While they do, the $6.97 billion remains inaccessible.
Climate United’s money was intended to support a range of projects from Hawai’i to the East Coast, everything from utility-scale solar to energy-efficient community centers — and a renewable energy initiative in Port Heiden. The coalition had earmarked $6 million for the first round of a pre-development grant program aimed at nearly two dozen Native communities looking to adopt or expand renewable energy power sources.
“We made investments in those communities, and we don’t have the capital to support those projects,” said Climate United’s Chief Community Officer Krystal Langholz.
In response to an inquiry from Grist, an EPA spokesperson noted that “Unlike the Biden-Haris administration, this EPA is committed to being an exceptional steward of taxpayer dollars.” The spokesperson said that Zeldin had terminated $20 billion in grant agreements because of “substantial concerns regarding the Greenhouse Gas Reduction Fund program integrity, the award process, and programmatic waste and abuse, which collectively undermine the fundamental goals and statutory objectives of the award.”
A representative of Citibank declined to comment. The Bureau of the Fiscal Service did not respond to requests for comment.
Long before most others recognized climate change as an urgent existential crisis, the Alutiiq peoples of what is now known as Port Heiden, but was once called Meshik, were forced to relocate because of rising seawater. With its pumice-rich volcanic soils and exposed location on the peninsula that divides Bristol Bay from the Gulf of Alaska, the area is unusually vulnerable to tidal forces that erode land rapidly during storms. Beginning in 1981, disappearing sea ice engulfed buildings and homes.
The community eventually moved their village about a ten-minute drive further inland. No one lives at the old site anymore, but important structures still remain, including safe harbor for fishing boats.
The seas, of course, are still rising, creeping up to steal the land from right below the community’s feet. In a region that’s warming faster than just about any other place on the planet, much of the land is on the precipice of being swallowed by water. From 2017 to 2018, the old site lost between 35 and 65 feet of shoreline, as reported by the Bristol Bay Times. Even the local school situated on the newer site is affected by the shrinking shoreline — the institution and surrounding Alutiiq village, increasingly threatened by the encroaching sea.
Before the Trump administration moved to terminate their funding, Christensen’s dream of transitioning the Port Heiden community to renewable sources of energy, consequential for both maintaining its traditional lifestyle and ensuring its future, had briefly seemed within reach. He also saw it as a way to contribute to global solutions to the climate crisis.
“I don’t think [we are] the biggest contributor to global pollution, but if we could do our part and not pollute, maybe we won’t erode as fast,” he said. “I know we’re not very many people, but to us, that’s our community.”
The tribe planned to use a $300,000 grant from Climate United to pay for the topographic and waterway studies needed to design two run-of-the-river hydropower plants. In theory, the systems, which divert a portion of flowing water through turbines, would generate enough clean energy to power the entirety of Port Heiden, including the idle fish-processing facility. The community also envisioned channeling hydropower to run a local greenhouse, where they could expand what crops they raise and the growing season, further boosting local food access and sovereignty.
In even that short period of whiplash — from being awarded the grant to watching it vanish — the village’s needs have become increasingly urgent. Meeting the skyrocketing cost of diesel, according to Christensen, is no longer feasible. The community’s energy crisis and ensuing cost of living struggle have already started prompting an exodus, with the population declining at a rate of little over 3 percent every year — a noticeable loss when the town’s number rarely exceeds a hundred residents to begin with.
“It’s really expensive to live out here. And I don’t plan on moving anytime soon. And my kids, they don’t want to go either. So I have to make it better, make it easier to live here,” Christensen said.
Janine Bloomfield, grants specialist at 10Power, the organization that Port Heiden partnered with to help write their grant application, said they are currently waiting for a decision to be made in the lawsuit “that may lead to the money being unfrozen.” In the interim, she said, recipients have been asked to work with Climate United on paperwork “to be able to react quickly in the event that the funds are released.”
For its part, Climate United is also now exploring other funding strategies. The coalition is rehauling the structure of the money going to Port Heiden and other Native communities. Rather than awarding it as a grant, where recipients would have to pay the costs upfront and be reimbursed later, Climate United will now issue loans to the communities originally selected for the pre-development grants that don’t require upfront costs and will be forgiven upon completion of the agreed-upon deliverables. Their reason for the transition, according to Langholz, was “to increase security, decrease administrative burden on our partners, and create credit-building opportunities while still providing strong programmatic oversight.”
Still, there are downsides to consider with any loan, including being stuck with debt. In many cases, said Chéri Smith, a Mi’Kmaq descendant who founded and leads the nonprofit Alliance for Tribal Clean Energy, replacing a federal grant with a loan, even a forgivable one, “adds complexity and risk for Tribal governments.”
Forgivable loans “become a better option” in later stages of development or for income-generating infrastructure, said Smith, who is on the advisory board of Climate United, but are “rarely suitable for common pre-development needs.” That’s because pre-feasibility work, such as Port Heiden’s hydropower project, “is inherently speculative, and Tribes should not be expected to risk even conditional debt to validate whether their own resources can be developed.” This is especially true in Alaska, she added, where costs and logistical challenges are exponentially higher for the 229 federally recognized tribes than in the lower 48, and outcomes much less predictable.
Raina Thiele, Dena’ina Athabascan and Yup’ik, who formerly served in the Biden administration as senior adviser for Alaska affairs to Secretary of the Interior Deb Haaland and former tribal liaison to President Obama, said the lending situation is particularly unique when it comes to Alaska Native communities, because of how Congress historically wrote legislation relating to a land claim settlement which saw tribes deprived of control over resources and land. Because of that, it’s been incredibly difficult for communities to build capacity, she noted, making even a forgivable loan “a bit of a high-risk endeavor.” The question of trust also shows up — the promise of loan forgiveness, in particular, is understandably difficult for communities who have long faced exploitation and discrimination in public and privatized lending programs. “Grant programs are a lot more familiar,” she said.
Even so, the loan from Climate United would only be possible if the court rules in its favor and compels the EPA to release the money. If the court rules against Climate United, Langholz told Grist, the organization plans to pursue damage claims in another court and may seek philanthropic fundraising to help Port Heiden come up with the $300,000, in addition to the rest of the $6 million promised to the nearly two dozen Native communities originally selected for the grant program.
“These cuts can be a matter of life or death for many of these communities being able to heat their homes, essentially,” said Thiele.
While many different stakeholders wait to see how the federal funding crisis will play out, Christensen doesn’t know what to make of the proposed grant-to-loan shift for Port Heiden’s hydropower project. The landscape has changed so quickly and drastically, it has, however, prompted him to lose what little faith he had left in federal funding. He has already begun to brainstorm other ways to ditch diesel.
“We’ll figure it out,” he said. “I’ll find the money, if I have to. I’ll win the lottery, and spend the money on cheaper power.”
A federal judge issued an injunction Friday that further delays the transfer of Oak Flat, an Indigenous religious site in Arizona, to a multi-national company that would make it one of the largest copper mines in the world.
More than a week ago, the United States Supreme Court declined to hear an appeal in the case, allowing a lower court order to stand that approved the transfer. The district court judge in Phoenix called for a 60-day delay to allow advocates for Oak Flat to review an upcoming U.S. Forest Service environmental impact statement.
The motions for the delay came from the San Carlos Apache Tribe and a coalition of organizations such as the Center for Biological Diversity, a local Sierra Club Chapter, and Arizona’s Inter-Tribal Association.
The struggle over Oak Flat’s future has been going on for a decade. The final environmental review was released during the first Trump administration, but then halted during the Biden administration. Back in April, the current Trump administration said it would reissue its environmental review, expected June 16.
The review is necessary for the transfer of the land to Resolution Copper, a project from Rio Tinto and BHP, multinational mining companies.
There has been an issue with accessing this review before its publication. According to Marc Fink, an attorney for the Center of Biological Diversity, it’s customary to see such documents in a legal process.
That hasn’t been the case with Oak Flat.
“In my 30 years, I have never seen this occur,” he said.
The withholding of the review is seen by observers as a sign that the Trump administration wants to fast-track the mine, which would sit directly on top of sacred sites and would mine a thousand feet inside the earth.
The land in question is about 40 miles east of Phoenix in the Tonto National Forest. The Apaches consider it their land, based on the 1852 treaty signed between the nation and the U.S. government, as an outcome of the Mexican-American War a few years earlier.
Amid a current trade war between the United States and China, as indicated by Trump’s tariffs, proponents for Oak Flat are scratching their heads at conflicting national security interests. In a press release by the San Carlos Apache Tribe, chairman Terry Rambler, says that, “Resolution Copper is a major threat to U.S. national security given China’s significant financial influence over BHP and Rio Tinto.”
The United States has only two copper smelters — in Utah and Arizona — and both are at total capacity. Critics surmise that Resolution Copper will likely send raw material to China, where the world’s largest copper refineries exist.
Whether the profit margin is acceptable for Resolution Copper is also a question for the mining corporations. A feasibility study, which looks at whether the costs will scale for net profit gain, hasn’t been conducted yet according to Resolution Copper and can take years. However, if companies identify expenditures as too costly, it is unlikely they would return the title back to Apache homeland under the Forest Service.
The tribal organization Apache Stronghold also filed a separate injunction in the same Arizona court; it was their suit the Supreme Court declined to hear.
Luke Goodrich, Vice President at Becket, a religious rights legal institute who has represented Apache Stronghold, said the fight is far from over.
“The Apaches are never going to stop defending Oak Flat ,” he said. “And we’re continuing to press every possible opportunity in the courts, Congress, and with the President to make sure that this tragic destruction never takes place.”
“The Trump Administration is once again planning to violate federal laws and illegally transfer Oak Flat to the two largest foreign mining companies in the world,”said San Carlos Apache Tribe Chairman Terry Rambler in a press release.
. Back in April, the Trump administration announced they will reissue its final environmental impact statement, also known as EIS. The Biden administration halted the release of this review in 2021 but its publication is expected June 16. This controversial decision is considered as the final step before finalizing the land transfer to private title.
There has been an issue with accessing this review before its publication. According to the Center for Biological Diversity’s attorney, Marc Fink, the final EIS study and a feasibility study, which looks at the practical costs and management plan has not been shared to Link (biological) and other lawyers. “In my 30 years, I have never seen this occur,” he said.
Aside from land claims, based on the 1852 treaty signed between the Apache Nations and U.S. government, as an outcome of the Mexican-American War a few years earlier. In this legal document, according to the federal government, this is Apache Land.
Amid a current trade war with China, as indicated by consistent tariff setting by the Trump Administration, alongside land title, all parties are scratching their heads at conflicting national security interests. In a press release by the San Carlos Apache Tribe, chairman Terry Rambler, says that, “Resolution Copper is a major threat to U.S. national security given China’s significant financial influence over BHP and Rio Tinto.”
The United States has only two copper refiners in Philadelphia and Phoenix and are at total capacity. This means that Resolution Copper will likely send refining to China, where the world’s largest copper refineries exist. In an op-ed in Real Clear Energy, the executive director of HECHO, known as Hispanics Enjoying Camping, Hunting, and the Outdoors, she writes, “If reducing America’s reliance on hostile foreign powers for critical minerals is a national security priority—a goal that leaders across the political spectrum broadly support—then we should take a hard look at what’s happening at Oak Flat.”
Whether the profit margin is acceptable for Resolution Copper and Rio Tinto is also a question for the mining corporations. A feasibility study, which looks at whether the costs will scale for net profit gain, hasn’t been conducted yet according to Resolution Copper themselves. However, if companies identify expenditures as too costly, it is unlikely they will cease land title back to Apache homeland under the Forest Service.
Apache Stronghold has also filed a separate preliminary injunction in the same Arizona court for a separate date. Luke Goodrich, Vice President at Becket, a religious rights legal institute who has represented Apache Stronghold, says the fight is far from over and they’re also pursuing avenues through every branch of government including Congress and the White House. “This is not over. The Apaches are never going to stop defending Oak Flat and we’re continuing to press every possible opportunity in the courts, Congress, and with the President to make sure that this tragic destruction never takes place.”
More than 17,000 acres around the Klamath River in Northern California, including the lower Blue Creek watershed, have returned to the Yurok Tribe, completing the largest landback deal in California history.
The Yurok people have lived, fished, and hunted along the Klamath for millennia. But when the California gold rush began, the tribe lost 90 percent of its territory.
For the last two decades, the Yurok Tribe has been working with the nonprofit Western Rivers Conservancy to get its land back. The 17,000 acres composes the final parcel of a $56 million, 47,097-acre land transfer that effectively doubles the current land holdings of the Yurok Tribe.
The tribe has already designated the land as a salmon sanctuary and community forest and plans to eventually put it into a trust and care for it in perpetuity.
“No words can describe how we feel knowing that our land is coming back to the ownership of the Yurok people,” said Joseph James, the chairman of the Yurok Tribal Council, who is from the village of Shregon on the Klamath River. “The Klamath River is our highway. It is also our food source. And it takes care of us. And so it’s our job, our inherent right, to take care of the Klamath Basin and its river.”
The land transfer comes just months after the utility PacifiCorp removed four dams on the Klamath River, the largest dam removal project in U.S. history. The removal of the dams enabled coho and Chinook salmon that had been blocked to finally swim upstream to spawn for the first time in more than a century. The deal is also part of a broader push to revitalize the Klamath River Basin, where water diversions and pollution have long strained the wildlife and the Indigenous peoples who rely on them.
Multiple tributaries like this one feed into the Klamath River, where four privately owned dams were recently dismantled in the largest dam removal project in U.S. history.
Nathan Howard / AP Photo
Josh Kling, conservation director at the Western Rivers Conservancy, said the nonprofit acquired the land in pieces from Green Diamond, a timber company, and paid for it using a combination of private funding, tax credits, carbon credit sales, low-interest loans, revolving loans, federal revolving loan programs, and settlement funds. The project was also partially funded by the state of California, which returned 2,800 acres of state land along the Klamath River to the Shasta Indian Nation last year.
Kling said the 47,000 acres of land returned to the Yurok Tribe includes redwood forests that help protect against climate change and protect crucial habitat for birds such as the marbled murrelet, Humboldt marten. and northern spotted owl, just as the trees were becoming ripe for a fresh round of logging.
“The project was really timely to get in there before a new round of timber harvest and the associated road building,” said Kling. He is particularly excited about how Blue Creek, a cold-water tributary just 16 miles from the mouth of the river, is now protected because of how the tributary provides an essential place for salmon and steelhead to cool off before heading further upstream to spawn.
“The importance of Blue Creek to the larger Klamath system really can’t be overstated,” he said. “With the dam removals and the restoration of fish passage to over 400 miles of spawning habitat in the upper basin, none of that means anything if the fish can’t get there.”
James from the Yurok Tribe described Blue Creek as a high prayer area, a village site, and essential fishing grounds. In 2020, it was also where Yurok officials helped persuade PacifiCorp officials to move forward with dam removal after two decades of advocacy. James credited Troy Fletcher, a former executive director of the Yurok Tribe who played a key role in the dam removal campaign and who has since passed away, for helping to initiate the landback project.
Restoring the land will involve everything from stream restoration projects to road maintenance, James said: “We want to do everything we can to protect Mother Earth.”
Kling said the conservancy is increasingly working with tribal nations to facilitate land transfers and hopes to work with more. Studies have shown that conservation goals are more effectively met when Indigenous peoples manage their own territories.
“The more that we can partner with tribal stewards to achieve our conservation outcomes, those are durable lasting results,” Kling said.
James, too, hopes that the deal will be far from the last.
“Here’s a model that we can share with the Indian Country,” he said. “Indigenous people are the managers of the land, and they’re driving it.”
Miguel Guimaraes Vásquez fought for years to protect his homeland in the Peruvian Amazon from deforestation related to the cocaine trade, even laboring under death threats from drug traffickers.
A leader in an Indigenous rights group, Vasquez said such efforts were long supported by financial assistance from the U.S. Agency for International Development, or USAID, which spent billions of dollars starting in the 1980s to help farmers in Peru shift from growing coca for cocaine production to legal crops such as coffee and cacao for chocolate. The agency funded economic and agricultural training and technology, and helped farmers gain access to international markets.
But the Trump administration’s recent sweeping cuts to the agency have thrown that tradition of U.S. assistance into doubt, and Indigenous people in the Amazon worry that without American support there will be a resurgence of the cocaine market, increased threats to their land and potentially violent challenges to their human rights.
“We don’t have the U.S. government with us anymore. So it can get really dangerous,” said Vásquez, who belongs to the Shipibo-Konibo people and is vice president of the Interethnic Association for the Development of the Peruvian Rainforest. “We think the situation is going to get worse.”
Several Indigenous human rights defenders have been killed trying to protect their land, Vasquez said, and in some of those cases U.S. foreign aid provided money to help prosecute the slayings. “We really needed those resources,” he said.
Sweeping cuts began in January
When Elon Musk’s Department of Government Efficiency, or DOGE, began dismantling USAID shortly after President Donald Trump began his second term, it all but eliminated U.S. foreign aid spending, including decades of support to Indigenous peoples around the world.
USAID’s work with Indigenous peoples sought to address a variety of global issues affecting the U.S., according to former employees. Its economic development efforts created jobs in South America, easing the need for people to work in illicit drug markets and reducing the likelihood they would migrate to America seeking jobs and safety. And its support for the rights of Indigenous peoples to steward their own land offered opportunities to mitigate climate change.
That included Vásquez’s organization, which was about to receive a four-year, $2.5 million grant to continue fighting illicit activity that affects Indigenous people in the region. Vásquez said that grant was rescinded by the new administration.
In January, DOGE launched a sweeping effort empowered by Trump to fire government workers and cut trillions in government spending. USAID, which managed about $35 billion in appropriations in fiscal year 2024, was one of his prime targets. Critics say the aid programs are wasteful and promote a liberal agenda. Trump, Musk, and Republicans in Congress have accused the agency of advancing liberal social programs.
“Foreign assistance done right can advance our national interests, protect our borders, and strengthen our partnerships with key allies,” Secretary of State Marco Rubio said in a statement released in March. “Unfortunately, USAID strayed from its original mission long ago. As a result, the gains were too few and the costs were too high.”
Musk last week announced his departure from the Trump administration, marking the end of a turbulent chapter that included thousands of layoffs and reams of litigation.
Former USAID employees said political pressure from the U.S. often kept foreign governments from violating some Indigenous rights.
In the three months since thousands of foreign aid workers were fired and aid contracts canceled, the Peruvian government has moved quickly to strip Indigenous people of their land rights and to tighten controls on international organizations that document human rights abuses. It’s now a serious offense for a nonprofit to provide assistance to anyone working to bring lawsuits against the government.
The National Commission for Development and a Drug-free Lifestyle, the country’s agency that combats drug trafficking, did not respond to a request for comment.
“The impact was really, really strong, and we felt it really quickly when the Trump administration changed its stance about USAID,” Vásquez said.
The U.S. spends less than 1 percent of its budget on foreign assistance. Tim Rieser, a senior foreign policy aide in the Senate who works for Democratic Vermont Senator Peter Welch, called DOGE’s cuts to USAID a “mindless” setback to years of work.
The White House did not respond to a request for comment from The Associated Press.
Agency reached Indigenous communities worldwide
USAID’s work reached Indigenous communities around the world. It sought to mitigate the effects of human rights abuses in South America, created programs in Africa to enable Indigenous people to manage their own communities, and led the global U.S. effort to fight hunger.
One of the most recent additions to USAID’s work was incorporating international concepts of Indigenous rights into policy.
Rieser, for instance, was responsible for crafting legislation that created an adviser within USAID to protect the rights and address the needs of Indigenous peoples. The adviser advocated for Indigenous rights in foreign assistance programs, including actions by the World Bank.
“That provided Indigenous people everywhere with a way to be heard here in Washington,” Rieser said. “That has now been silenced.”
That adviser position remains unfilled.
Vy Lam, USAID’s adviser on Indigenous peoples, who said he was fired in March as part of the DOGE downsizing, said the idea of Indigenous rights, and the mandate to recognize them in foreign operations, was new to USAID. But it was gaining momentum under President Joe Biden’s administration.
Vy Lam, a former adviser on Indigenous peoples at USAID, at the United Nations during then-Interior Secretary Deb Haaland’s speech at the Permanent Forum on Indigenous Issues on April 17, 2023, in New York. Vy Lam via AP
He said concepts such as free, prior, and informed consent — the right of Indigenous people to give or withhold approval for any action that would affect their lands or rights — were slowly being implemented in American foreign policy.
One of the ways that happened, Lam said, came in the form of U.S. political pressure on foreign governments or private industry to negotiate mutually beneficial agreements between Indigenous peoples and their governments.
For instance, if an American company wanted to build a hotel in an area that could affect an Indigenous community, the U.S. could push for the deal to require Indigenous approval, or at least consultation.
“We had that convening power, and that is the thing that I grieve the most,” Lam said.
U.S. foreign aid workers were also able to facilitate the reporting of some human rights violations, such as when a human rights or an environmental defender is jailed without charges, or Indigenous peoples are forced off their land for the establishment of a protected area.
Money supported attendance at international meetings
In some cases, USAID supported travel to the United Nations, where Indigenous leaders and advocates could receive training to navigate international bodies and document abuses.
Last year under the Biden administration, USAID awarded a five-year grant to support Indigenous LGBTQIA people to the United Nations Voluntary Fund for Indigenous People, an agency that offers financial support to Indigenous peoples to participate in the U.N.
At $350,000 per year, it was the largest grant from any member state in the U.N., fund secretary Morse Flores said. The money would have supported attendance at international bodies to report human rights abuses and testify on areas of foreign policy and development that negatively impact their lives and communities.
In February, the fund received notice that the grant would be terminated. The State Department does not plan to fulfill its pledge to fund the remaining four years of the grant to help Indigenous peoples travel to the U.N. and other world bodies.
In most cases, people receiving assistance to attend major meetings “are actual victims of human rights violations,” Flores said. “For someone who’s unable to come and speak up, I mean, it’s really just an injustice.”
Sara Kehaulani Goo’s journey to save her family’s land on Maui began in 2019 with an email she read at her kitchen table in Washington, D.C.
“Sara, the Hāna property taxes went up 500%,” her dad wrote. “If we can’t find a way to pay, then the trust funds will be depleted in 7 years and we may be forced to sell it.”
Goo, who is Native Hawaiian, said it was the moment she realized she had to fight for her ancestral home, or risk it being lost forever.
In her new memoir, Kuleana — a Hawaiian word that loosely translates into both “privilege” and “responsibility” — Goo describes the efforts she and her relatives undertook to fight the tax increase and ensure that the land would remain in their family. But Kuleana is more than a story about rising taxes in Hawai’i, it’s about what it means to be Indigenous and reclaim identity in diaspora while highlighting the costs of colonial land theft and its continuing harm to Hawaiʻi. Goo challenges readers to think about what their responsibility to Hawaiʻi is in light of how Indigenous land loss has drastically altered Hawaiʻi’s environment and made the archipelago precariously dependent upon imported food.
Despite the U.S. overthrow of the Hawaiian Kingdom, Goo’s family had kept the title to their ancestral land that they’d received from Hawaiian royals, and they had the documents to prove it. They had setup a trust fund to pay for the property taxes, but despite those precautions, rising property taxes — partially driven by out-of-state millionaires and billionaires buying up land — threw the future of the family’s land into question.
Goo is a former staff writer at The Washington Post and former editor-in-chief of Axios. Gristspoke with her about what she learned writing her memoir, and what she hopes her readers take away from it. The following interview has been edited for length and clarity.
Q. Your memoir focuses on your fight to keep your family’s land. Can you tell us more about what that land meant to you and why it was so important to keep it?
A. Some people might think of it as an inheritance, but it’s more than that. This was something that my grandmother talked about to our family as something that she promised to her mother and her grandma. That it was something that she wanted us to continue to carry on. So it was an intergenerational promise, and even before I knew the word, it was how I understood kuleana to be.
I was very aware of how far a distance there was between me and Hawaiʻi. That was uncomfortable for me, and I think that’s why sitting there reading that email in my home in Washington, D.C., felt so uncomfortable: It could be the end of the line, and I very much did not want that to end with me. So I realized I needed to act and it was more than just about money. It was more than being about me. I needed to act on behalf of my children. It was a big wake-up call about where I was in my life and where my generation was in our lives. We had drifted too far from Hawaiʻi in more ways than one.
Q. Climate change doesn’t figure heavily in this book, but it is something you acknowledge as an ongoing threat to the islands that compounds the trauma of colonialism. How do you see the relationship between Indigenous land ownership and climate change?
A. One thing I hope that people will take away from this book is that they will think about, “What is my kuleana?” Because I think that it is a word that Hawaiians can teach the world. The word gets boiled down to responsibility, but I don’t think it’s just that. The Western concept often feels like a burden, right? But the Hawaiian concept is much more than that, it is more about honor. It’s more about your role in society and being part of a whole. That concept was part of the Hawaiian way of life and it had to do with stewardship, not just my role and my responsibility, but how do I care for something? My stewardship and my responsibility for my part of an ahupua’a (land divisions, often from the mountains to the sea).
If you think about the way Hawaiians lived, that is something they’re trying to get back to today. You have a place that once was self-sustaining for up to 800,000 people in the middle of the ocean because they figured out how to sustain themselves with just the natural resources around them. And today, Hawaiʻi imports 90 percent of its food. Now Hawaiʻi’s looking at, How do we go back to that?
I think that Hawaiians can inspire future sustainability concepts by looking to the past. That’s not a crazy idea. I think it’s quite an inspired idea. And especially when you think about the Lahaina fires, you look at what has gone wrong and it’s not too hard to figure out. My book is not about policy, but I do think that it is about how you draw that line through history to understand a little more context for how we got here. That’s a big reason I wrote this book: It wasn’t really to tell a story about me. I really felt like as a journalist, the story of the Hawaiian people and the real story of their history was not accurately understood, even by people who visit Hawaiʻi and love Hawaiʻi. I felt like that story really needed to be better understood.
Q. Can you tell us more about what that real story of Hawaiʻi is that you say needs to be better understood?
A. Ten million people visit Hawaiʻi every year and they love it, and I think what’s missing is the real story about the economic crisis and displacement of the Hawaiian people. It’s not even just the Hawaiian people, it’s the local people: The economy is not working for them and hasn’t been working for them for quite a long time. It made a headline for a week, maybe, when the census in 2020 showed that more Native Hawaiians live outside of Hawaiʻi than live on the islands. But what is Hawaiʻi without Hawaiians? This has been a slow boil crisis that no one’s been paying attention to.
As a journalist, I’ve seen this happening where housing and real estate have been out of reach for a very long time. The housing that exists is of poor quality. It’s multiple generations of a family living under one roof and homes are unoccupied and owned by people who don’t live there: They’re owned by investors, they’re owned by people who live off-island. And you have no place that is worse than in Maui, where now you have thousands of people who have had to leave because of a fire. Meanwhile, you have all these homes available for them that are empty. But they’re not for them. They’re for wealthy vacationers. So who is Hawaiʻi for? It’s not for local people. Who is the food for? It’s not for local people. What is going on? We’re importing people, importing food — it doesn’t feel like a real place.
I wanted to tell a real story here about our most recent colonial experience that we still haven’t quite dealt with the aftermath of, and no one wants to talk about it because we just want to have a lovely vacation. I just have to bring up a really uncomfortable truth here because I’ve been seeing it and experiencing it for quite a long time, my whole life. This is the reality.
Q. One of the aspects of your experience was your frustration with government bureaucracy. How would you describe the role of government in your fight to keep your family’s land?
A. We were fighting just the latest version of this kind of faceless, shape-shifting bureaucracy when it came to this tax fight. We didn’t know who was on the other side. We didn’t know when we were going to hear back. We didn’t know what the timetable was. We didn’t know why any decision was made. It didn’t feel like we had any recourse. And I think what was interesting is that I would look through all the documents that my family had collected over the course of the 175 years this land had been in our family, and it felt like we were always fighting the same faceless bureaucracy.
We had all kinds of paper-trail evidence of court documents declaring that the land was deeded to us. We’ve been in this fight all along; this was just today’s modern version of it, and we’re always going to be in it. My kids are going to be in it too. At the end of the day, it didn’t matter who was on the other side: You feel powerless. You feel like you’re just at the mercy of some bureaucrat with a rubber stamp with an official set of documents, and it’s very frightening.
Q. Many other Indigenous people face similar experiences of feeling disconnected, either from their land, their culture, or their communities. What can they learn from your book?
A.We’re all given breadcrumbs of our family history and some of us have more and some of us have less. We all have a choice in what we choose to do with that. Some of us kind of let it go and others of us choose to investigate and are curious and we want to know more. And so that’s all up to you. For me, I was so curious and I was surprised to learn that even my cousins who lived in Hawaiʻi, some of them had the same insecurities that I did about being Hawaiian. And I realized if they’re feeling uncertain about their Hawaiian-ness and I’m feeling uncertain about my Hawaiian-ness, then who is anyone else to tell me how Hawaiian I am?
You either live your culture or you don’t. You either embrace it or you don’t. You either pass it on to your children or you don’t. It’s either part of you and speaks to you and brings you joy or it doesn’t, and you only have one life to live, so why worry about what other people think? I think that we all are on our own journeys and each person has to decide to either connect with their community or not, and how you want to do that. But you have to do so with intention.
Q. One of the most meaningful aspects of your book was your experience learning hula and how that anchored you in your Hawaiian culture. But there were challenges too: You wrote about how your children didn’t want to attend hula and how your daughter refused to wear a lei. What happened with that struggle after the book ended?
A. It has a happy ending. So my daughter Chloe is now in the eighth grade, and she has her eighth grade promotion next month. And she read the book and said, “Mom, I was young and I didn’t know, I didn’t understand.” And she said, “For my eighth grade promotion, will you make me a lei?” And I said, “Of course I will.”
So I feel like Hawaiʻi’s in their heart, you know? At some point you have to let your kids go and they will find their own way. You cannot force them. My kids have said, “Hula is not my thing,” but they have to find their thing. It may not be next year or the year after, but they have to find their own way. I just hope that I have given them enough. I’m grateful that I found myself and was able to teach them what I could and had surrounded them, I think, with enough other people in their lives to teach them, and that they will find their own way back to Hawaiʻi and the culture, and then it speaks to them. But that is up to them and their own journey. So I can just hope that it’s part of their journey. It means a lot to me, and I wrote this book for them.
Any time a federal agency wants to develop a project in Wyoming — an oil and gas lease, a pipeline, a dam, a transmission line, a solar array — it has to go through Crystal C’Bearing first. C’Bearing is Northern Arapaho and the tribal historic preservation officer, or THPO, for the Northern Arapaho tribe, so if a new wind farm is proposed, for example, she determines if any tribal areas will be impacted by the project.
“It’s a challenging job, but I feel like it’s really important work,” C’Bearing said. “I feel a sense of gratitude that I’m able to do this and that I’m able to try, in my best ability, to preserve and protect what we have.”
C’Bearing’s scope extends beyond her home on the Wind River Reservation, to any and all lands ceded by treaty, routes tribal members took during the removal process, burial sites, and religious places. That means she reviews projects across 16 states in addition to Wyoming, from Wisconsin to Montana, New Mexico to Arkansas, and all points in between — traditional homelands of the Northern Arapaho and other Indigenous nations, acquired by the United States as it forcefully expanded westward. Because of that range, hundreds of federal proposals and reports flood her email inbox every week, as is the case with 227 other THPOs working for their respective nations. Many have overlapping historic homelands and histories.
Tribal historic preservation officers, like C’Bearing, are often a first line of defense against destructive federal projects, and rely on a range of skills from traditional ecological knowledge to a cultural and historic knowledge of places and landscapes. Now, their work is under threat.
Michon Ebren, tribal historic preservation officer for the Reno-Sparks Indian Colony speaks during a news conference in 2023 in Reno, Nevada. Scott Sonner / AP Photo
In January, President Donald Trump declared a national energy emergency to speed the development of fossil fuel projects, mines, pipelines, and other energy-related infrastructure, cutting the amount of time federal agencies are required to notify Indigenous nations before starting a project. Now, as Trump’s proposed budget for 2026 works its way through Congress, the fund supporting the national THPO program is bracing for a 94 percent budget cut. On top of that, the Trump administration has yet to distribute THPO funds promised for 2025.
Traditionally, THPOs like C’Bearing have 30 days to review a project: 30 days to review federal reports, conduct site visits, identify artifacts or burial grounds, and collaborate with tribal members, sometimes from other tribes. According to C’Bearing, that window was already tight, but under Trump’s energy emergency, that deadline is now seven days. And as the year rolls on, C’Bearing’s budget is evaporating. If the administration doesn’t release the THPO funds already promised, she’ll be out of a job come September.
“If this is the moment that breaks the system, there’s not going to be anything there to catch the THPOs,” said Valerie Grussing, executive director of the National Association of Tribal Historic Preservation Officers.
The THPO program was born out of requirements established by the 1966 National Historic Preservation Act — the legislation responsible for preserving and protecting historic and archaeological resources in the United States. At the time, public concern about historic places being altered or destroyed by federally-funded infrastructure as well as urban renewal projects prompted the federal government to take legislative action. The act mandates that all federal agencies identify any impacts their projects might have on areas important to states and tribes, and notify the public about those impacts. But Indigenous nations hold a particularly important role: Agencies must consult with tribes regardless of whether the project is located on, or off, federally recognized Indian reservations. That caveat fits within a broader context of treaty law and rights, as well as the federal government’s trust responsibilities requiring that agencies put “good-faith effort” into consultations.
If a THPO conducts their analysis and finds there’s no risk of a federal project impacting cultural or historic resources, the plan moves forward. If a THPO finds there is a risk, the tribe, federal agency, and state work out a formal agreement explaining how the impacts will be resolved or mitigated. That part of the process can take years.
Shannon Wright, tribal historic preservation officer for the Ponca tribe of Nebraska, testifies before the Nebraska Public Service Commission in 2017 as part of a five-day public hearing to decide whether to approve the Keystone XL pipeline.
Nati Harnik / AP Photo
With a significantly shorter review period, however, THPOs will have to make hard choices about the hundreds of reports that come in every week, the existing backlog, and prioritizing “emergency” projects at the cost of others. That means tribes won’t have a voice in how projects are determined on their homelands, putting countless cultural and historical sites at risk. Many of those sites are undeveloped wilderness areas, like with Pe’Sla in the Black Hills — a sacred ceremonial site for the Sioux, Lakota, and other nations — now facing exploratory drilling for graphite. Many of the world’s most resilient forests, like Pe’Sla, are protected by Indigenous peoples and provide climate change mitigation benefits by storing carbon.
“A lot of times we still have to take a deeper look and double check and triple check some of these areas and then coordinate across tribes if needed,” said Raphael Wahwassuck, THPO for the Citizen Potawatomi Tribe. “It’s pretty unrealistic to have good work happen in that short of a window.”
“My worry is everybody is going to use the emergency declaration in one way or another on all of these projects and we’re just going to be bombarded with a ton of them,” C’Bearing said. “It’s just another added-on thing that we need to pay attention to, among the other hundreds of things that we do here.”
But beyond the truncated review timeline, funding is running out. Congressionally approved and appropriated funds for 2025 are still being held by the Office of Management and Budget, or OMB, awaiting additional review by the Trump administration. Neither the OMB nor the White House responded to requests for comments for this story. An official with the Department of Interior said that pending financial assistance obligations, including grants, are being reviewed for compliance with Trump’s recent executive orders.
“If this continues, oversight action should be taken—up to and including legal remedies to enforce the law. It’s not a suggestion. It’s not optional. The law requires these funds to be spent.,” Congresswoman Chellie Pingree, a Democratic representative from Maine, wrote in an email to Grist. She’s a member of the House Committee on Appropriations. “Holding up funding for tribal governments is wrong—morally and legally. Many tribes have been waiting for decades for basic investments in schools, housing, and infrastructure. And now, even when the funding has been approved by Congress, they’re being forced to wait again because of what appears to be a politically motivated delay that violates the law.”
Despite the outsized importance THPOs play for Indigenous nations, very few tribes can dedicate additional funds to maintain those roles. The majority rely entirely on federal funding, as the program was designed, Grussing said, and that allocation has only ever provided an average of one staff member per THPO office, per tribe.
“It’s been more difficult for tribes to prioritize historic preservation than usual. It’s usually pretty difficult, but now we’re seeing similar effects for tribal education, health, and housing,” Grussing said. Trump’s proposed 2026 budget cuts $911 million from the Bureau of Indian Affairs and the Bureau of Indian Education. “Expecting tribes to step up and prioritize historic preservation during this time is not realistic.”
With funding cuts across multiple points of tribal operations, tribes are having to make choices like funding their health and safety — or a THPO program. Wahwassuck’s concern is that if multiple tribes lose their THPOs and staff working on consultation requests, conditions will effectively go back to a pre-consultation period, as in the 1960s. In that world, tribal nations wouldn’t have opportunities to intervene or protect lands and cultural resources.
“There’s been a lot of profit made off of the blood and bones of our ancestors and off of the lands that our tribes have had to cede and be removed from,” Wahwassuck said. “I hear it mentioned pretty regularly that this administration wants to recognize tribal sovereignty and honor the trust and treaty responsibility. However, these funding actions directly go against those statements.”
The Tulsequah Glacier meanders down a broad valley in northwest British Columbia, 7 miles from the Alaska border. At the foot of the glacier sits a silty, gray lake, a reservoir of glacial runoff. The lake is vast, deeper than Seattle’s Space Needle is tall. But it didn’t exist a few decades ago, before 2 miles of ice had melted.
On an overcast day, a helicopter carrying three salmon scientists zoomed up the valley. As it neared the lake, the pilot banked to the right and flew over the south side of the basin, whirring over a narrow outlet where it drains into the Tulsequah River. He landed on a beach of small boulders and the researchers clambered out one by one.
“We don’t think there are fish here yet,” said one of them, Jon Moore, an aquatic ecologist at Simon Fraser University in Vancouver. “But there will be soon.” The lake, so new to the landscape that it doesn’t have an official name, is still too cold and murky for salmon. But that’s likely to change soon: As the Tulsequah Glacier above it retreats, the lake is getting warmer and clearer, becoming a more attractive environment for migrating fish. “It’s going to be popping off,” Moore said.
The Salmon Glacier near Stewart, British Columbia, is quickly melting, potentially boosting nearby mining prospects.
Max Graham / Grist
It’s among hundreds of ice-fed lakes, rivers, and streams in Alaska and western Canada that could turn into prime fish habitat as the planet gets hotter. These new salmon grounds could help counteract other threats to the fish from climate change, such as warming seas and drought. And they could bolster a commercial fishing industry that generates millions of dollars for the state each year.
The disappearance of glaciers is also creating opportunities for the multibillion-dollar mining industry. Like migrating salmon, mineral exploration companies are moving quickly into areas exposed by melting ice, hoping to strike the next big lode.
With gold prices booming and demand soaring for copper, a metal necessary for making solar panels and electric cars, mining corporations have backed a number of major projects in the region. The Canadian government is paying for roads and power lines to improve access to them.
This mineral rush promises jobs and revenue for some towns and First Nations in northern Canada. But it’s troubling to many Alaska fishermen, environmental advocates, and Indigenous leaders living downstream, near several salmon-rich rivers that start in Canada and head west across the international border. The Tulsequah River is a major tributary of the Taku River, which runs about 50 miles from British Columbia’s Coast Mountains to the Pacific Ocean just south of Juneau, Alaska. The Taku supports iconic runs of sockeye and coho salmon that power commercial fishing businesses in both countries. In 2023, Moore and other researchers warned in the journal Sciencethat, barring key policy reforms, future mines could impair future salmon habitat in glacier-fed watersheds like the Tulsequah and Taku.
Alaska Native leaders have called on British Columbia’s provincial government to clamp down on mining in the region, and some First Nations are working to restrict mineral exploration and development in their traditional territories. But Canadian officials largely support the proposed mines, and the Trump administration has stayed quiet on the issue of mining near the border, though Canada’s mineral riches have reportedly attracted President Donald Trump’s interest.
On the Tulsequah River, the stakes are clear. A few miles downstream from the new lake, a ribbon of rust-colored water flows into the waterway: acid runoff from a former gold mine. Contaminants from the Tulsequah Chief mine have been flowing into the river ever since the operation shut down in the 1950s. Alaska’s elected officials, salmon advocates, and Indigenous nations have urged British Columbia’s government and mining companies to clean it up for decades without success.
The pollution is confined to just a short stretch of river — and fish, including some salmon, still swim in the waters below it. Still, environmental groups often cite the uncontained acid drainage as an example of what can go wrong with mining.
Max Graham / Grist
Max Graham / Grist
The Tulsequah Chief mine stopped producing gold more than 60 years ago but still leaks acid drainage into the Tulsequah River. Environmental groups often cite the pollution, which is confined to a relatively short stretch of river, as an example of what can go wrong with hard rock mining. Max Graham / Grist
Max Graham / Grist
A small Vancouver-based company, Canagold, wants to reopen and expand a different gold mine on the other side of the river from the shuttered Tulsequah Chief. The opening of a new mine could coincide with the expansion of salmon grounds in the upper Tulsequah watershed. Moore and his colleagues hope that their projections of emerging fish habitat in the lake that drains into the Tulsequah River will be incorporated into environmental assessments for new mining proposals like Canagold’s.
In some watersheds, nearly all of the projected habitat lies within a few miles of mining claims. Even though no fish swim in those lakes and streams now, that could change in just 20 or 30 years, the lifespan of a typical mine, said Chris Sergeant, a freshwater ecologist at the University of Washington who works with Moore on the Tulsequah and nearby rivers. Sergeant wants regulators to consider this prospect before they approve a mine. Accounting for this future habitat is especially important, he added, “because there just aren’t that many places where salmon are doing well.”
News articles describing the effects of climate change on salmon usually tell an alarming story: Fast-warming oceans and rivers are threatening an iconic fish that thrives in cold water, while record droughts are drying up their streams.
Some of these grim effects were on display last September about 250 miles south of the Tulsequah Glacier at Meziadin Lake, a long basin ringed by hemlocks and firs, near the small mining town of Stewart, British Columbia. It’s one of the province’s most abundant spawning areas for sockeye salmon.
In a typical year, hundreds of thousands of sockeye fill Meziadin Lake and the surrounding creeks. Two creeks that feed the lake, Hanna and Tintina, have a reputation for being especially prolific. Each September they swell bank to bank with sockeye, splashing, spawning, and dying en masse. These runs can be so plentiful that wolf packs and grizzly bears sometimes catch fish within feet of each other.
But last year, during what should have been the peak of Tintina’s sockeye run, only a handful of salmon made it upstream. After a summer of high temperatures and drought, the creek was flowing at its lowest level in recent history, said Kevin Koch, a fish and wildlife biologist who works for the Gitanyow Hereditary Chiefs, a First Nation whose traditional territory encompasses the area. Below a highway bridge, the slow, sad creek looked more like a pond. A thick mat of algae blanketed its bottom.
Two years ago, “you would have seen hundreds of fish,” Koch said, looking down from the bridge on a crisp day last fall. He saw none.
Hanna Creek, a couple miles away, also trickled at a historic low, according to Koch — though some ruby-red fish still wriggled in its mucky water.
What’s happening at Hanna and Tintina is only part of the picture, though. As the planet warms, a third creek that flows into Meziadin Lake has also transformed in a stunning way, but one that’s actually helping salmon.
Kevin Koch, a biologist with the Gitanyow Hereditary Chiefs, watches salmon swim up Strohn Creek in September. Max Graham / Grist
For a long time, Strohn Creek gushed out of a huge glacier, and hardly any sockeye swam in its turbid water. While glacial runoff helps make some streams more habitable for salmon by keeping them cool, it also can have the opposite effect: Streams that flow directly from glaciers are often near freezing, too cold even for the cold-loving fish. And they’re full of silt, which blocks the sunlight that forms the basis of the food chain. Salmon eat insects and tiny marine animals called zooplankton; the insects and zooplankton eat algae; and the algae feeds off the sun.
As the glacier above Strohn shriveled up and retreated from a mountain pass in the second half of the 20th century, its runoff started to drain down the other side of the Coast Mountains, away from Strohn Creek. Without a torrent of ice melt, the creek lost its silt and warmed up enough that, after a few decades, salmon now spawn there in the thousands. “There was this huge shift happening before our eyes,” said Naxginkw Tara Marsden, who directs the Gitanyow Nation’s sustainability program.
Approaching Strohn Creek to observe the peak of last year’s sockeye run, Koch brushed aside alder branches and yelled to alert lurking brown bears.
“This spot is one of the most pain-in-the-ass spots for grizzlies, where I’m taking you,” Koch said. “So sorry about that.”
The stream came into view. Half-eaten fish carcasses were strewn along its banks, and dozens of bright-red salmon splashed in its shallow blue waters. Their tails slapped the surface as they fought against the current.
Sockeye salmon migrate up Strohn Creek in September. The creek became more suitable for the fish after a huge glacier above it receded. Max Graham / Grist
In some years, more sockeye return to Strohn than to Hanna or Tintina Creek. Scientists think it could be a bellwether: There are countless creeks like Strohn across Alaska and western Canada — glacial streams that could transform into salmon havens as the ice above them melts. Fish are turning up in these new spots surprisingly quickly. Hundreds of miles from Strohn Creek, scientists found pink salmon in a stream in Alaska’s Glacier Bay National Park less than a decade after it emerged in the wake of a receding glacier.
According to a paper in Nature that Moore co-authored in 2021, nearly 4,000 miles of new salmon streams could appear in Alaska and northwestern Canada by the end of the century. The gains could be “enormous,” Moore said.
And that estimate — one of the only published projections of emerging salmon habitat near glaciers — doesn’t account for new lakes, like the unnamed one below the Tulsequah Glacier, or streams or rivers that already support a handful of salmon but could boast a lot more. By one rough, unpublished estimate from Moore and his colleagues, the extent of lake habitat accessible to salmon in the 4.5-million-acre Taku River watershed could double over the next 100 years.
A projection showing glacial retreat and the emergence of new lakes and streams in the Tulsequah Valley, current to 2100. The projection is based on a middle-of-the-road climate scenario and preliminary data.
Analysis by Kara Pitman. Courtesy of Jon Moore.
This all sounds promising for a species under siege, but salmon researchers warn that the region’s mining boom could stand in the way.
In the Nass River watershed, which encompasses Strohn Creek and Meziadin Lake, some 99 percent of emerging salmon habitat is within roughly 3 miles of mineral claims, according to Moore and Sergeant’s study.
Around the same time that Gitanyow leaders first witnessed the salmon bonanza in Strohn Creek, about eight years ago, they also discovered that companies looking for valuable minerals had staked mining claims in the mountains upstream, including beneath some of the small glaciers and snowfields that drain into the creek.
It was a glimpse of the mineral rush that now spans hundreds of miles of British Columbia’s Coast Mountains, from Meziadin Lake in the south to the Tulsequah Glacier in the north. Nicknamed the Golden Triangle for its metal-rich rocks, the region first lured prospectors 150 years ago. They led horses across glaciers, and tunneled thousands of feet into the ice using steam-powered equipment and sleds.
The vast Tulsequah Glacier descends from the Juneau Icefield, topping the Coast Mountains on the border of Alaska and British Columbia in August 1961. Corbis via Getty Images
Today, they travel by truck and haul drills by helicopter. Driven by record-high gold prices and demand for copper, northwest British Columbia drew some $250 million in investments in mineral exploration last year, accounting for more than 60 percent of the industry’s total expenditures across the province, according to British Columbia’s Ministry of Mining and Critical Minerals. A government report in 2022 estimated that more than $900 billion worth of metals could be sitting beneath the Golden Triangle. That figure stands at well over $1 trillion with today’s record-high gold prices.
The mining industry’s mark on northwest British Columbia is hard to miss. Ore trucks thunder along the region’s main highway, hauling loads from a large copper mine, built a decade ago and now set to expand. A hefty 200-mile transmission line skirts the same road: a $500 million project developed in 2014 largely to power new mines with hydroelectricity. Large signs bearing the names of mining companies — Teck, Newmont, Skeena Resources — stand beside gated gravel roads that spur off the two-lane highway.
Deeper in the Coast Mountains, the gold and copper rush happens mostly out of sight, across roadless, heavily glaciated terrain. Roughly one-fifth of all the mining claims in northwest B.C. are covered by glaciers, according to a report released last year by the Environmental Investigation Agency, a global watchdog group. As those glaciers melt, they’re exposing outcrops of gold and copper that are luring mineral companies, whose geologists then drill into bedrock freshly exposed to the sun after thousands of years under ice. Mining companies are even staking claims beneath glaciers, poised to move in as soon as the ice melts.
“The glacier might melt at some point, and you want to be the first person” to see the rocks beneath it, said Matthew Reece, a U.S. Forest Service geologist based in Juneau who oversees mining in Alaska’s national forests.
Vancouver-based Scottie Resources Corp., one of the companies with claims in the mountains near Strohn Creek, has a few prospects that could attract more investors as nearby ice thaws. Hoping to find more gold, the company is drilling into the rock near a long-shuttered underground mine in a mountain partially covered by a glacier. Old tunnels, built decades ago, allowed miners to dig up just a sliver of the deposit. Scottie Resources is discovering more gold as the ice above it melts, according to Thomas Mumford, the company’s vice president of exploration.
“We are literally the first humans to look at those rocks,” Mumford told Grist. Not far from Scottie’s claims, another small Canadian firm, Goliath Resources, recently discovered gold and copper in a small island of rock surrounded by a massive ice field. “I get the question, ‘Why hadn’t someone drilled it before?’” Roger Rosmus, Goliath’s chief executive, said in an interview posted on YouTube last year. “It was actually buried under the glacier and permanent snowpack, which are no longer there. We got lucky.”
Haul trucks are parked near the port of Stewart, British Columbia. Mining trucks carry loads hundreds of miles between Stewart and two mines in northwest British Columbia, both built in the past decade. Max Graham / Grist
A sign pictured along the Granduc Road near the border of Hyder, Alaska, and Stewart, British Columbia. The area — not far from Meziadin Lake — is a hotspot of mining, melting glaciers, and salmon. Max Graham / Grist
Reviewing filings from Canadian securities regulators, corporate presentations, and marketing materials for investors, Grist identified more than 20 companies that tout the promise of melting glaciers in Alaska and British Columbia. That number, likely an undercount, could grow as demand increases for metals like copper, and as more ice disappears. Last year, a private company named B-ALL Syndicate, partly funded by Goliath, launched a “large-scale exploration and prospecting program” aimed specifically at melting snow and ice across the region.
Most of these companies, including Goliath and Scottie, are small and based in Canada, where they can take advantage of generous tax policies. They tend to be funded by investors who like taking risks, or are eager for tax write-offs. Just a tiny fraction of prospects ever become producing mines.
Government support can help boost their chances, though — and the industry in northwest British Columbia has received a good deal of it over the past decade. Just last year, Canada’s federal government and British Columbia’s provincial government committed $140 million to upgrade the region’s only major road, Highway 37, explicitly to support production of “critical minerals.” Those are elements, like copper, that Canadian officials have deemed essential for national security and renewable energy.Some Alaskans, including the state’s Republican U.S. senators have worried that funding for Canadian mines could also come from the U.S. government, potentially boosting mining upstream from Alaska and endangering the state’s fishing industry. The Biden administration directed tens of millions of dollars to mineralprojects in Canada, also in the name of national security and clean energy as it considered Canada akin to a domestic source.
The Trump administration has yet to say if that funding will continue. Trump himself has signaled strong support for mining on the American side of the border: On his first day in office in January, he signed an executive order to develop Alaska’s minerals and other resources “to the fullest extent possible.”
But Trump has also tried to unravel the 2022 Inflation Reduction Act, which established tax credits and other financial incentives that have spurred mining in both the U.S. and, indirectly, Canada. And some analysts have warned that certain tariffs Trump has threatened to put on Canadian goods could hamper Canada’s mining industry and the U.S. mineral supply chain.
Senator Lisa Murkowski, a Republican from Alaska, has called for a halt in sending U.S. taxpayer dollars to Canadian mines, citing past pollution, like the old, acid-leaking gold mine along the Tulsequah River. “I join many in Southeast Alaska who do not believe that our pristine waters are adequately protected,” she wrote to Biden in 2023.
Murkowski’s plea came even though she has supported mining elsewhere in the state. Earlier this year, she praised Trump’s Alaska-focused order.
Many Alaska Native leaders have also been lobbying against mining in Canada upstream from their communities. Worried about threats to salmon and other traditional food sources, the biggest Indigenous nation in Southeast Alaska — the Central Council of the Tlingit and Haida Indian Tribes of Alaska — wants the B.C. government to put a hold on mine permitting in transboundary watersheds until Canada and the U.S. agree to a framework for resolving mining disputes in the region. The council has also asked for a permanent ban on storing waste behind large dams above salmon-bearing rivers that cross into Alaska.
Are critical minerals “more critical than our lives?” Richard Peterson, president of the Tlingit and Haida government, asked an audience of tribal citizens, environmental advocates, and government officials at a conference in Juneau last year. “More critical than the fish?”
Richard Peterson, president of the Central Council of the Tlingit and Haida Indian Tribes of Alaska, gives a talk in Juneau at a conference about mining in transboundary watersheds. Max Graham / Grist
Government regulators and industry representatives contend that mining can be done safely, without harming salmon. All mining in British Columbia “is subject to a robust environmental review process, whereby any potential impact to wild salmon habitat must be avoided and mitigated,”according to a spokesperson for the province’s Ministry of Mining and Critical Minerals. Regulators in the province ensure that any activity in mountain watersheds “adheres to the highest standards of environmental protection,” he wrote in an email.
The mining industry is also a vital source of jobs and revenue for two First Nations in the region: the Nisga’a and Tahltan. Over the past two decades, those nations have made deals with mining corporations for production royalties or cash payments, as well as commitments to hire their citizens. Tahltan leaders have also signed a series of agreements with the provincial government that gives the Tahltan a voice in regulatory decisions on a few mining projects in the nation’s traditional territory.
While small Canadian companies have been scouring rocks near receding glaciers, publicly traded mining giants have also been investing in prospects across Alaska and B.C. One of North America’s biggest, Newmont Corp., bought a company with two operating mines in northwest B.C. in 2023, and it’s now seeking to develop a third, in partnership with another mining giant, Vancouver-based Teck Resources.
That development, Galore Creek, would be a massive open-pit copper and gold mine 25 miles from the Alaska border, in an area ringed by receding glaciers. In 2023, Teck and Newmont’s geologists discovered minerals in rocks there that had been covered by ice a few years before. Last year, Canada’s department of natural resources handed the companies $15 million to build a key access road to a proposed processing site.
A gated road to Galore Creek, considered one of the world’s largest undeveloped copper and gold deposits, spurs off the main highway in northwest British Columbia.
Max Graham / Grist
Galore Creek’s backers are marketing the mine as a climate solution: It’s sitting on an estimated 12 billion pounds of copper, enough to make it one of North America’s biggest sources of the mineral. Since copper is great at conducting electricity, it’s especially useful for building energy equipment like solar panels and transmission lines. S&P Global projected in 2022 that demand for the metal would double by 2035.
But Teck, Newmont, and other mining corporations that could benefit from copper subsidies aren’t just after copper. Most of them are also looking for gold, which is used mainly for jewelry and in financial markets and considered less important for developing renewable energy than copper and other minerals like lithium and cobalt. The Biden administration didn’t consider gold “critical” but Trump promoted it along with dozens of other minerals in an executive order he signed earlier this year to spur mining nationwide. In addition to the copper that Galore Creek’s owners like to advertise, their mine could yield some 9 million ounces of gold, worth roughly $29 billion at current prices.
Critics argue that huge corporations shouldn’t be getting clean energy subsidies to dig gold out of the ground. The mining industry’s marketing of critical minerals, while miners largely hunt for gold, is “one of the biggest greenwashing efforts on Earth,” said Mary Catharine Martin, a spokesperson for SalmonState, an Alaska-based mining watchdog group.
One company that’s focused primarily on gold is Canagold, with its proposal to resurrect a mine along the Tulsequah River, some 40 miles from Juneau and about 8 miles downstream from the future sockeye lake that Moore and Sergeant are studying. Canagold bought the site in the 1990s and still hasn’t started producing. Soaring gold prices, driven by Trump’s tariffs and global economic uncertainty, however, have injected new life into the project, known as New Polaris. Canagold has proposed shipping construction materials by barge up the Taku River from Alaska and building an airstrip where the company would load ore concentrate onto planes to fly out of the mountains.
The New Polaris mining project sits beside the Tulsequah River in northwest British Columbia, about 7 miles from the Alaska border. A Canadian company wants to resurrect a former gold mine at the site, which is near both existing and emerging salmon habitat. Max Graham / Grist
The success of New Polaris hinges in part on a unique agreement between Canagold and the Taku River Tlingit First Nation, whose traditional territory encompasses the site and the Tulsequah River. Their agreement, announced in 2023, gives the nation a say — by a vote of its citizens — in whether the mine gets built.
The Taku River Tlingit nation is also a key partner on Moore and Sergeant’s salmon research: The nation’s fisheries coordinator, Mark Connor, co-authored the 2023 policy analysis in Sciencethat first noted the prevalence of mining claims near future salmon habitat. (Marsden, with the Gitanyow nation, was also a co-author on that paper.)
To keep emerging fish habitat intact, Taku River Tlingit established their own protected area, prohibiting mining across 60 percent of the Taku River watershed. In the other 40 percent, the First Nation allows some development with its approval. New Polaris sits in that zone, and the nation’s leaders are confident that Taku River Tlingit citizens will have a say in whether a mine ultimately gets built.
“We already have verbal agreements with the company that they will not proceed with a mine should our citizens, or the majority of our citizens, not agree with that,” said Rodger Thorlakson, Taku River Tlingit First Nation’s lands and resources manager.
Canagold, however, doesn’t have similar agreements with Indigenous governments downstream in Alaska. Clarence Laiti, president of the Douglas Indian Association in Juneau, said he’s “very, very concerned” about mining in the Taku River watershed. For decades, Laiti caught salmon for a living at the mouth of the Taku, some 30 miles below New Polaris. “It’s everybody’s river,” he said.
Clarence Laiti, president of the Douglas Indian Association, sits at the tribal government’s office building in Juneau.Max Graham / Grist
A sockeye salmon takes its final breaths after being caught at the Gitanyow Hereditary Chiefs’ fish camp along the Meziadin River in northwest British Columbia.Max Graham / Grist
On the beach along the upper stretch of the Tulsequah River, 8 miles upriver from New Polaris, the three salmon scientists — Sergeant, Moore, and Brittany Milner, one of Moore’s doctoral students — unraveled a 30-foot seine fishing net. To learn more about the habitat, they catch, record, and release fish in dozens of spots along the river. They had never seen salmon this far up the river, this close to the new lake. They still sample the spot, though, because they think fish could appear any year as the water warms.
Milner grabbed one end of the long net and stood on shore. Moore took the other end and waded into the water, slowly walking in a circle to corral any fish that might have been lurking. Once again, they caught nothing.
About a week later, the researchers flew back to check a dozen small, cylindrical minnow traps that they had set in the lake itself. To their astonishment, they found a Dolly Varden, a common species of char, the first fish they’d ever seen in the new lake.
Chris Sergeant (center) and Brittany Milner (right) check on a temperature logger in the Tatsatua River. The Tatsatua, high in the Taku River watershed, is a prolific king salmon spawning area. Rodger Thorlakson (left), the Taku River Tlingit First Nation’s lands and resources manager, observes. Max Graham / Grist
“It was kind of surreal,” said Milner, who had set the trap in a shallow area near the mouth of a stream that was slightly warmer than the rest of the lake. Dolly Varden, which can tolerate very cold water, often move into glacial lakes and streams before other species.
“I’m assuming the fish was just in the lake swimming around and was able to find this pocket of a little bit warmer water,” Milner said. “I was really stoked.”
The rest of the traps came up empty: still no salmon. But to Milner and the other scientists, that one Dolly Varden sure looked like a sign of more to come.
Driving into the Black Hills National Forest, as the road gains elevation, raindrops hitting the windshield slow down and start swirling in the air. It’s snowing in late April, a welcome sight in an area that’s been in a climate change-linked drought.
Today, most visitors to the Black Hills will still see lots of big trees that are intentionally left standing by the highways — the “yellowbarks,” trunks lightened by age, standing guard like the buttresses of a cathedral. The Forest Service calls this “scenic integrity”; detractors call it a “green screen.”
That’s because if you pull off on side roads, you’ll soon come to wide plots of land that have been commercially logged. Whitetail deer are running freely; the landscape looks more like a field with a few trees than a forest with a few stumps. Invasive grassland species are creeping in, like bromegrass grass, leafy spurge, spotted knapweed, tansy, and Canada thistle.
Ponderosa pines, the dominant trees here, produce their most viable seeds when they are 60 years or older. That means overcutting, combined with climate change, can permanently change the landscape. In recent decades, the 1.5 million acres of forest sprawling across western South Dakota and eastern Wyoming have weathered a historic beetle infestation and a giant fire, both tied to a warming climate.
Now the land faces more threats from the Trump administration. Foresters are seeing their jobs cut as the Department of Government Efficiency, or DOGE, lays off federal workers; an executive order on March 1 ordered “immediate expansion” of timber production; and most recently, in April, came a USDA “emergency” directive to fast-track logging on nearly 60 percent of the Black Hills.
While “climate change” is a forbidden term in the Trump administration, wildfire risk reduction is one of the cited reasons behind the USDA order, with the directive designating almost half the Black Hills National Forest as being under “emergency” wildfire risk levels. This authorizes increased removal of trees. The memo also calls to “streamline, to the extent allowable by law, all processes related to timber production,” such as environmental review. Finally, the USDA has said the Forest Service will “issue new or updated guidance to increase timber production.” South Dakota’s congressional delegation, led by Senate Majority Leader John Thune, has been pushing for more logging too.
Logging in Custer State Park, South Dakota.
Mike Kline / Getty Images
Groups like NRDC and NDN Collective, a national Indigenous-rights nonprofit based in the Black Hills, call the directive a hastily constructed disaster. They claim that it mislabels millions of forest acres nationwide, including land that falls within reservation boundaries in many states. It also threatens at least 25 different endangered species nationwide, like the gray wolf, which has been spotted in the Black Hills, while potentially reducing the carbon storage capacity of the forest.
The directive also conflicts with a memorandum of understanding signed here just last year between the Forest Service and eight tribal nations of the Oceti Sakowin Oyate, which called for cooperative planning on forest management on issues ranging from climate protection and remediation to workforce development and the protection of cultural resources and sacred sites.
“It’s absolutely completely a U-turn,” says Taylor Gunhammer, a member of the Oglala Lakota Nation and a local environmental organizer with NDN Collective.
The timber industry is cheering. “The Intermountain Forest Association applauds the recent Executive Order and Secretarial Memo,” said Ben Wudtke of that trade association. “As an industry, we care deeply about the management and sustainability of forests and are proud to play a role in that process.”
Yet there’s a big irony: Trump’s push is unlikely to greatly increase timber production. The reason is simple: “We don’t have that many big trees left,” said Dave Mertz, who retired from the U.S. Forest Service in 2017 after 32 years and has since evolved into a conservationist.
The Lakota named the area Pahá Sápa — ”hills that are black” — for the looming, dark ponderosa pines that have been recorded to live as long as 700 years. When the Lakota and other tribes stewarded the land, they used controlled burns to clear underbrush and manage bison habitat. “Fire is natural, and the colonial mindset that it should adjust to human activity instead of the other way around is not correct,” said Gunhammer.
In the 1868 Treaty of Fort Laramie, the United States designated Pahá Sápa as “unceded Indian Territory” exclusively for use by Indigenous peoples. Just six years later General George Armstrong Custer violated the treaty and broke the law by leading an expedition into the Black Hills that spread true but exaggerated rumors of gold. Within the next quarter-century, white settlers, gold prospectors and miners followed Custer, breaking federal law in search of the metal and cutting down three-fourths of the standing trees.
The free-for-all came to an end in 1899 when Gifford Pinchot, the first chief of the Forest Service, negotiated the first regulated and contracted sale of timber from a national forest.
Homestake, the first mining company listed on the New York Stock Exchange, sought to preserve its access to timber, which it needed in large quantities for the insides of its mining shafts. To do so, it pushed Pinchot for regulated transactions to guard the resource from smaller “wildcatters” who were their would-be competitors. “It was one of those deals with the big boys in the smoky room,” said Mary Zimmerman of The Norbeck Society, a volunteer conservation group.
Homestake bought 14 million board feet — a unit of measurement used by the logging industry — on approximately 1,700 acres in the Black Hills, in a transaction known as Case No.1. Some of the heartwood of the original stumps from that cut can be seen today, gnarled and gray.
Since Case No. 1, selling timber has been part of the U.S. Forest Service’s job. The money goes to pay for forest maintenance, and logging companies also sometimes provide services like underbrush clearing in trade.
Foresters set an annual overall quota. They mark boundaries of specific “sales areas” on a map that look like big squares cut from the forest. Then they do an environmental review before the timber company can go in and cut.
Trees above nine inches in diameter are the main marketable product. Between five and nine inches, they’re good for maybe wood chips or fence posts. Below five inches, it’s “dog hair,” commercially worthless. Sometimes foresters mark specific large trees to be cut, leaving others alone to maintain a certain density. Other times it’s complete removal, taking every big enough and tall enough tree off the land.
“I was as aggressive at putting together timber sales as anybody. I didn’t feel guilty about it because I thought I was doing the right thing,” said Dave Mertz, the ex-forester.
Former U.S. Forest Service Deputy Chief Jim Furnish talks with retired agency employee Dave Mertz at a logging site in the Black Hills National Forest in 2021. Matthew Brown / AP Photo
The volume of timber grew far above historic levels thanks to decades of total fire suppression that followed — as thick as a “shag carpet,” says Zimmerman. The density made the timber industry happy but ultimately made the forest more vulnerable.
Right on cue, bugs and fire arrived. In 2000, the Jasper Fire claimed 83,508 acres. It was big and hot enough to form its own pyrocumulus clouds, which can form over volcanic eruptions and cause lightning storms.
A mountain pine beetle infestation between the mid-1990s and the mid-2010s eventually impacted 435,000 acres of the 1.5 million acres of forest. “I was standing under one of our trees as it was being attacked, and it sounded like a rain stick as they all flew in,” Zimmerman said. The beetle plague was directly linked both to the forest’s unnatural density and to climate change, since larvae will die off when the temperature stays at least 30 degrees below zero for at least five days.
The bugs were great news for loggers. Companies aggressively thinned stands of healthy trees to prevent spread. Foresters called it “beetlemania.” Timber production peaked in 2010.
But since then it’s been dropping. Foresters and conservationists say it’s because the big, easy easy-to-get trees are just gone.
A truck hauls trees from the Black Hills in South Dakota to a to a sawmill in 2012. Several trees are blue-stained, a sign of a fungus introduced into the tree by the mountain pine beetle. Veronica Zaragovia / AP Photo
In 2023 the Black Hills National Forest undertook an intensive Light Detection and Ranging, or LiDAR, project, flying over to map the land at public expense. “This forest probably has more data on it than any in the world,” said Zimmerman. Preliminary results show just what previous surveys have: that marketable trees remaining are few, far between, and small, averaging just over the minimum to be considered sawtimber at all. The remaining big trees are often on steep, rocky slopes, which require special, expensive equipment that might make it uneconomic to log them.
Neiman Enterprises, the biggest timber company in the area, closed one of its South Dakota sawmills in 2021 and laid off workers from the other one last year.
Loggers are also having to cover more area than they used to. Case No. 1, back in 1899, produced 1,500-1,600 cubic feet per acre, but recent sales were just 400 cubic feet an acre. Expanding sales areas mean carving out more logging roads, more disturbance of the soil and plant and animal species, and logging new, harder to reach and less productive areas. But still, in 2024, production was at a quarter of the peak, and well under the quota.
Yet the timber industry insists there are still more trees to cut than the Forest Service is allowing. Ben Wudtke, of the Intermountain Forest Association, provides data suggesting that the “standing live volume” of trees in the forest is high. Zimmerman and Mertz argue his numbers don’t account for the diameter of those trees.
“It’s almost like they’re flat-earthers,” said Mertz.
The Forest Service did not respond to requests for comment.
The forest now under threat doesn’t belong to the timber industry nor to the federal government. The Lakota won a 1980 Supreme Court case recognizing the theft of this unceded land. The court granted monetary damages, which now amount, with interest, to around $2 billion, but the nation hasn’t touched the money, instead insisting the government return the land. The United Nations also advocates for the U.S. to respect Indigenous rights to the land. “All the Sioux tribes have informed the United States since 1980 that ‘The Black Hills Are Not For Sale,’” Oglala Sioux Tribal President Frank Star Comes Out told the media in April of this year.
For Lakota people, a just future is clear: to bring all this land back under Indigenous stewardship, not just because of their legal standing, but because of their centuries of experience managing the forest. Around the world, landback and comanagement agreements have been at the forefront of conservation efforts.
In February 2021, several officials of the Oglala Sioux cosigned a letter with the Norbeck Society and other conservation groups to the Forest Service calling for less logging. “Due to past overharvesting and other factors, there are not enough trees left” to meet the timber industry’s allowed quota, they wrote. That winter, tribal leaders from 12 Great Plains Nations argued for the return and protection of the Black Hills in a two-hour closed-door meeting that tribal leaders called “unprecedented” and “historic,” with Interior Secretary Deb Haaland, the first Indigenous cabinet member. That meeting seemed to bear some fruit toward the end of Biden’s term when Haaland signed a 20-year ban on mining in a portion of the Black Hills.
Two weeks later, Donald Trump took office. Now what Gunhammer called the “U-turn” has begun. Not long after Trump’s Executive Order on forests, two “exploratory” drilling projects were proposed in a different part of the Black Hills for graphite and uranium mines. The proposed graphite project would impact a place called Pe’ Sla, a mountain meadow and religious area that Gunhammer compares to Mount Sinai or the Vatican.
A single slope of this forest holds the mark of untold centuries. The biggest trees overhead may have sprouted before the Treaty of Fort Laramie was signed. The unassuming tufts of chartreuse lichen underfoot — Letharia vulpina, the wolf poisoner — can live thousands of years.
“Our lifetime is shorter than the life of a forest,” says Zimmerman. “It’s spoken of as a renewable resource, but it’s such a long-term thing that in some ways, it’s not.”
It’s a sun-splashed morning at the Washoe Tribe of Nevada and California’s wood yard, a patch of land about the size of a football field, tucked in a valley about 20 miles east of Lake Tahoe’s south shore.
Magpies, black-and-white birds with blue-tinted wings, land on stacks of lumber and dig for insects. Chainsaws rev and roar and wood-cutting machines crank and squeak. A mist of sawdust hangs in the air.
Foreman Kenneth Cruz, wearing a white hard hat and neon yellow jacket, is watching crewmember Jacob Vann use a chainsaw to cut up logs of thick Tamarack pine.
“That looks dense,” says Cruz, craning his neck to look at the center, or heartwood, of the log Vann is working on.
“Yeah, it is – it’s really dense,” Vann says, tilting up his hard hat to wipe his brow. “You can tell the difference between this one and that cedar. Cut right through that cedar, but when it comes to this Tamarack? It takes a lot sometimes.”
These slices of cedar and pine will eventually be hauled over to the other end of the yard, where a firewood processor is splitting logs into even cuts of firewood.
They bought this heavy-duty machine and other equipment with a $1 million grant from the U.S. Forest Service in 2023. Now, the Washoe Tribe produces about a thousand cords of firewood a year. One cord, which consists of about 800 pieces of firewood, provides heating for about one month.
About one-third of the Washoe Tribe relies solely on firewood to heat their homes.
Kaleb Roedel / Mountain West News Bureau
Some surplus firewood ends up on shelves in local gas stations, grocery stores and area campgrounds’ supply shops. Customers who buy a bundle for their fireplace or campsite are also helping the Washoe Tribe’s energy initiative.
“The idea is that for every cord that is sold, that also pays to have a cord cut, split, and delivered to a tribal elder,” Cruz says.
It’s a program called Wood for Elders. It’s similar to a food bank. But instead of food, Cruz and his crew deliver firewood to about 110 Washoe elders – at no cost – so they can keep warm during the cold months. Although winters in the West are trending warmer, research shows that climate change can lead to more severe winter storms and cold snaps, conditions that make a well-heated home essential.
For years, the Washoe Tribe relied on volunteers to split wood from their forests and donate bundles to as many elders as possible. But, they didn’t have a consistent amount of volunteers – or wood.
Now, they have a paid crew that works year-round. That enables them to provide every elder with at least three cords of firewood each winter, which would normally cost someone about $900, Cruz says.
“Some rely solely on wood for their heat,” he notes. “That helps out those people that have a hard time through the winter.”
The Washoe Tribe says nearly three-fourths of members heat their homes with firewood and have the option of another form of fuel, like propane. But one-third heat their homes solely with firewood, said Washoe Tribal Chairman Serrell Smokey.
The Washoe Tribe produces about a thousand cords of firewood a year. Kaleb Roedel / Mountain West News Bureau
“They can’t afford to pay high prices of propane,” Smokey says. “And if we have long winters with snow, then the firewood is a way that everybody would heat their homes.”
Chairman Smokey says the tribe strategically removes logs from overgrown forests and areas previously scorched by wildfire and turns that timber into firewood. The tribe has a long history of forest stewardship, including the use of cultural fire, but colonial federal policies in the 1900s suppressed their sovereign ability to manage their forestlands. Over the last decade, however, federal fire officials have begun working with tribes and recognizing the value of Indigenous knowledge in environmental policy.
For its Wood for Elders program, the Washoe Tribe partners with the National Forest Foundation, the nonprofit branch of the U.S. Forest Service. The group hauls out damaged logs from forest thinning projects and donates them to the Washoe wood yard to use for their elders’ program.
“Our ability to remove some of this material and put it to good use while also coming up with solutions to address what to do with hazardous fuels, it really is a sort of a win-win in that sense,” says Sam Pankratz, the National Forest Foundation’s Rocky Mountain region manager.
Pankratz says these efforts are even more important as global temperatures rise and wildfires grow more frequent and severe.
Scientific research backs up that sentiment. A 2016 study found climate change had caused the number of large wildfires in the West to double between 1984 and 2015. A 2021 study concluded that climate change has been the main driver of the West’s increasing fire weather – when high temperatures, low humidity and strong winds combine.
“If we don’t take care of the forest, it will take care of itself, and not in a way that we want,” Smokey says. “It’s one lightning strike, one cigarette butt.”
In all, the National Forest Foundation’s Wood for Life program provides wood to tribes in Nevada, Idaho, Colorado, New Mexico, Montana, Arizona and California. The nonprofit partners with the Hopi, Ute Mountain Ute, Northern Arapaho, Shoshone-Paiute, Eastern Shoshone, Shoshone-Bannock Tribes, and Navajo Nation.
In the Navajo Nation, which stretches across parts of Arizona, Utah and New Mexico, more than 60 percent of households – thousands of families – use wood to heat their homes.
“It’s a huge benefit because it’s used for warming the home, cooking, and everyday needs,” said Rosanna Jumbo-Fitch, the Navajo Chinle Chapter president.
Back at the Washoe wood yard, Cruz is taking inventory of the different types of timber they have on hand.
“Most of it is Jeffrey pine,” says Cruz, scanning the stacks of logs around the yard. “We do have some sugar pine. We have some red fir, white fir, some oak, and we do have some cedar.”
All of it is more wood for their elders.
“To me, it’s a good feeling that I think we’re doing something good for our communities and for our people,” Cruz says.
He adds that the Washoe Tribe will sell firewood to other tribes across the region if they are low on this precious – and potentially life-saving – energy resource.
This story was also supported by the Indigenous Journalists Association and Solutions Journalism Network’s 2024-25 Health Equity Initiative.
This story was produced by the Mountain West News Bureau, a collaboration between Wyoming Public Media, Nevada Public Radio, Boise State Public Radio in Idaho, KUNR in Nevada, KUNC in Colorado and KANW in New Mexico, with support from affiliate stations across the region. Funding for the Mountain West News Bureau is provided in part by the Corporation for Public Broadcasting.
It was the last night of February and a 4×4 truck vaulted down the 103-mile winter road to Cat Lake First Nation in northern Ontario, a road made entirely of ice and snow. Only the light of the stars and the red and white truck lights illuminated the dense, snow-dusted spruce trees on either side of the road. From the passenger seat, Rachel Wesley, a member of the Ojibway community and its economic development officer, told the driver to stop.
The truck halted on a snow bridge over a wide creek — 1 of 5 made of snow along this road. It was wide enough for only one truck to cross at a time; its snowy surface barely 2 feet above the creek. Wesley zipped up her thick jacket and jumped out into the frigid night air. She looked at the creek and pointed at its open, flowing water. “That’s not normal,” she said, placing a cigarette between her lips.
Wesley, who wore glasses and a knit cap pulled over her shoulder-length hair, manages the crews that build the winter road — a vital supply route that the community of 650 people relies on to truck in lumber for housing, fuel, food, and bottled water. In the past, winters were so cold that she could walk on the ice that naturally formed over the creek. Now it no longer freezes, and neither do the human-made snow bridges. “It’s directly caused by global warming,” she said, lighting the cigarette.
Jessie Boulard / Grist
More than 50 First Nations in Canada — with 56,000 people total — depend on approximately 3,700 miles of winter roads. There are no paved roads connecting these Indigenous communities to the nearest cities. Most of the year, small planes are their only lifeline. But in winter, the lakes, creeks, and marshes around them freeze, allowing workers to build a vast network of ice roads for truck drivers to haul in supplies at a lower cost than flying them in.
Despite their isolation, the ice roads are community spaces. They guide hockey and broomball teams from small reserves to big cities to compete in tournaments. They enable families to stock up on cheap groceries. They bring people to medical appointments in cities and facilitate hunting and fishing trips with relatives in neighboring communities.
But the climate crisis is making it harder to build and maintainthe ice roads. Winter is arriving later, pushing back construction, and spring is appearing earlier, bringing even the most robust frozen highways to an abrupt end. Less snow is falling, making the bridges smaller and more vulnerable to collapse under heavy trucks.
The rising temperatures give trucks only a few short weeks to bring in supplies — and often with half-loads due to thin lake ice and fragile snow bridges. Last year, chiefs in northern Ontario declared a state of emergency when the winter roads failed to freeze on time, and in March this year, rain shut down the ice roads to five communities.
First Nations urgently need permanent roads, but it’s unclear who will pay for them. Government officials in Canada say it’s not their responsibility, and with price tags running into the hundreds of millions of dollars for each community, First Nations typically don’t have the money to fund them.
But there is a third, more complex option: Many communities that rely on disappearing ice roads sit atop lucrative minerals. And where mining is approved, road permits and government funding soon follow.
For nearly two decades, companies and governments have eyed a circular mining area in northern Ontario as a promise of economic prosperity. Named after the Johnny Cash song, the Ring of Fire spans 2,000 miles and contains chromite, nickel, copper, platinum, gold, and zinc, all of which can be used to make EV batteries, cell phones, and military equipment. Scattered across the north are dozens of mines that extract gold, iron, and other minerals, but none compare to the scale of the Ring of Fire.
But resistance by First Nations and a lack of paved roads has stalled extraction. Mining the region could threaten the fight against climate change: Ontario’s northern peatlands, for instance, sequester an estimated 39 billion tons of carbon that could be released if the land is mined. The proposed Ring of Fire mining area alone holds about 1.8 billion tons of carbon. To put that in perspective, the Amazon rainforest sequesters about 123 billion tons of carbon.
Ontario’s premier, Doug Ford, has longed for years to develop the Ring of Fire, even promising to “hop on a bulldozer” himself. The province, which is responsible for natural resources and road permitting, has committed 1 billion Canadian dollars ($740 million) to build permanent roads to open up mining, asking the federal government to kick in another CA$1 billion. Meanwhile, at least a dozen First Nations in Ontario are requesting government funding for all-season roads.
During the recent election, Ford vowed to “unlock” the Ring of Fire and has introduced legislation to fast-track development, actions that some First Nation leaders perceived as a threat. The Nishnawbe Aski Nation, or NAN for short, a regional Indigenous government representing 49 First Nations in northern Ontario, warned the province that it was overstepping its authority.
“The unilateral will of the day’s government will not dictate the speed of development on our lands, and continuing to disregard our legal rights serves to reinforce the colonial and racist approach that we have always had to fight against,” said NAN Grand Chief Alvin Fiddler in a statement. First Nations in the Ring of Fire area are not necessarily antidevelopment, but Fiddler said they must be engaged as partners under regional treaties.
Responding to the premier’s promise to get on a bulldozer, Eabametoong First Nation Chief Solomon Atlookan said, “Nobody’s gonna come without our consent.”
Located in the Ring of Fire region, Eabametoong relies on a winter road for supplies, including lumber for housing. The seasonal window for their ice road has shrunk so much that the community struggles to bring in enough materials to address a severe housing crisis. According to Atlookan, some homes have as many as 14 people living under one roof. Eabametoong used to haul fuel over the winter road, but it is now flown in at a much higher cost.
Atlookan said that building a permanent road could threaten traditional ways of life by bringing in tourists, allowing settlers more access to lands to build cottages, and increasing competition over hunting and fishing. But climate change and rising costs are forcing him to seriously consider a paved road. “We need to begin working on it now,” he said.
Atlookan is not against mining but knows there are trade-offs. His community’s traditional territories contain countless interwoven streams, lakes, and rivers, and mining upstream could contaminate nearby walleye spawning habitat. “They don’t realize how interconnected those tributaries are, where the fish spawn,” he said. ”It’ll destroy that livelihood for our communities. So there’s a lot at stake here.”
The province is motivated to build all-season roads to allow a more sustainable flow of goods as climate change threatens the ice roads, according to a spokesperson for Greg Rickford, Ontario’s minister of Indigenous affairs and First Nations economic reconciliation. They’re committed to “meaningful partnerships” to advance economic opportunities in the region, the spokesperson added.
But that’s not how Atlookan views the situation. He described a conversation he had with Rickford, who offered to build him an all-season road. He said he asked Rickford if he wanted access to minerals, and the minister denied that the road would be for mining access. “I said, ‘Rickford, that is what this is all about.’”
Jessie Boulard / Grist
While Eabametoong is located in the Ring of Fire region and shares a network of winter roads with a cluster of other communities, Cat Lake is in a different situation.
Cat Lake is 160 miles west of Eabametoong, as the crow flies. The reserve rests at the edge of a watershed where five major rivers flow in opposite directions, affording the community access to various rivers for travel, hunting, and living off the land. It is not located in the Ring of Fire region and has its own winter road that doesn’t connect to other communities.
Cat Lake is rushing to build an all-season road by 2030 at a cost of CA$125 million, which the community cannot afford on its own. Cat Lake is considering two routes for an all-season road. One option involves construction over the current 103-mile winter road. The other option is to piggyback on an all-season road that would be built to a gold mine, if it is approved. The Springpole mine site is 25 miles from Cat Lake, giving the community the option to build a shorter all-season road.
First Mining Gold wants to drain a lake and dig a 1-mile open-pit mine to reach the gold underneath. To access Springpole, the company needs to build an all-season road.
In past years, company vehicles reached the site by driving over a winter road that passed over a frozen lake. But several times those vehicles plunged through the thin ice due to warm weather, according to First Mining Gold’s 2023 ESG report. The company figured it was too risky to keep crossing the lake, so it asked the province for permits to build an overland winter road.
Ontario issued a permit for the company to build the winter road without Cat Lake’s consent, prompting the First Nation to request an injunction to stop construction. The community dropped its court case after reaching a settlement with the province last year. First Mining Gold did not reply when asked for comment.
In September 2020, as the company prepared to apply for permits, Wesley invited elders to a meeting to ask two questions: Did they support Springpole, and did they want an all-season road? “In order for us to get a road, we might have to let them open the mine,” Wesley explained. The elders said they don’t value gold but do value lake trout, and they believed the project would destroy fish habitat. Elders also said they wanted an all-season road that would allow young people to connect with the world while embracing their culture. “We said no to the mine, and we said yes to the road,” she said.
After the elders meeting, Wesley began to look for ways to fund a permanent road without relying on mining. She said the federal government is hesitant to fund an all-season road to only one community, and the province won’t talk to Cat Lake about an all-season road. To unlock funding, she began pursuing economic partnerships like working with PRT Growing Services on forest regeneration and a local bioeconomy that would involve a tree-seedling nursery in the community. Cat Lake is also partnering with Natural Resources Institute Finland to do an assessment of their forests.
“Relying on industry would mean that we would have to do mining with First Mining. And like I said, the community values land, air, and water. We don’t value gold,” she said.
The farther north you fly in Ontario, the fewer glimpses of infrastructure like power lines, cell towers, or paved roads. The winter landscape is composed of evergreen forests shot through with rivers and lakes, bright white from the snow resting on top. From a plane, the ice roads can be seen cutting through the trees and running over frozen lakes.
On a chilly, sunny afternoon on the Cat Lake winter road, Jonathan Williams drove a red truck with chains pulling heavy tires behind it. Known as “drags,” the tires smooth out the rough parts of the road. Warm weather makes the surface bumpy, requiring constant attention from workers like Williams, who has built winter roads for the last eight years.
“The year I started, it was minus 50 [degrees Celsius],” he said. “I was out fixing trucks on the road, and it was frickin’ crazy getting frostbite on your hands. After that, every year it’s been getting a little bit warmer, a little bit warmer.”
It costs about CA$500,000 ($358,800) each year to build and maintain Cat Lake’s winter road. The warming climate is taking a toll on the machines used on the road, but the budget no longer covers the expense of a CA$10,000 ($7,155) broken machine part.
Winter road construction, which splits the cost 50/50 between Indigenous Services Canada and Ontario’s Ministry of Northern Development, typically starts in November or early December. That’s when crews drive heavy machines over the earth to press it down. When snow arrives, they use grooming machines to pack it.
Like many reserves, driving over Cat Lake’s winter road requires passing over a lake with no bridge. When winter arrives and lake ice begins to form, crews repeatedly flood the lake to make the ice sturdy enough for heavy trucks. When the ice is ready, workers celebrate by spinning their grooming machines in circles on the frozen surface, a ritual called their “happy dance.”
To build the required snow bridges, crews use grooming machines to jam huge piles of snow into creeks. They let the snow settle for about 36 hours and then flood it to form icy crossings. The flowing water underneath naturally forms the ice into a culvert shape. “That’s why you need such a massive pile of snow to push out there, because all the water will take it away if there’s not enough,” Williams said.
A century ago, before planes and trucks became ubiquitous, remote reserves used tractor trains to pull supplies in sleds over the frozen landscape. “It’s a big bulldozer that pulls trailers behind them, sometimes 10 of them, and that’s where all the fuel came from, the groceries. Because they didn’t have big planes at the time,” explained Chief Atlookan of Eabametoong. “Back in the day, you didn’t worry about ice conditions — the ice was 40 inches thick.”
Jessie Boulard / Grist
The remoteness of reserves is a direct outcome of Canada’s colonial history. In 1867, the British Parliament claimed Canada as a colony by passing the British North America Act, which later became its constitution. It granted the federal government exclusive authority over “Indians and lands reserved for Indians” and gave provinces authority over certain issues that affect First Nations, like mining.
Since European settlement, massive land grabs and the creation of reserves have left Indigenous peoples in Canada with only 0.2 percent of their original territories. Reserves were often deliberately sited in remote locations, away from critical waterways and productive farmland. There was never any intention of connecting reserves to cities; instead, they operated like jails, preventing people from moving off-reserve or seeking economic opportunities.
The federal government has a fiduciary responsibility to First Nations, as affirmed by the Supreme Court of Canada. Similar to the U.S. government’s relationship with tribes, this means the government has a legal duty to act in the best interest of Indigenous people. “Since the [court’s] decision, they’ve been looking for ways to offload their fiduciary obligations,” said Russ Diabo, a First Nations policy analyst and member of the Mohawk Nation at Kahnawake.
Although the federal government is obligated to provide the necessities of life on the reserve, like housing and water systems, federal funding formulas are unregulated and up to the government’s discretion, explained Shiri Pasternak, professor at Toronto Metropolitan University. As a result, there are huge discrepancies between what is needed and what is approved. “The underfunding of reserves amounts to systematic impoverishment,” she said.
This chronic underfunding means many First Nations experience crowded homes and broken-down water treatment plants. Although the federal government has committed to ensuring clean drinking water on reserves, more than 30 First Nations currently have long-term drinking water advisories. This includes Neskantaga in northern Ontario, which has been under a boil water advisory for three decades. Last year, in response to a lawsuit over Canada’s failure to provide clean drinking water to First Nations, the federal government argued it has no legal duty to ensure First Nations have clean water.
Despite the federal government’s history of abandoning its duties to First Nations, more communities are looking to Indigenous Services Canada, or ISC, for road funding. Of the 53 First Nations that depend on winter roads, 32 have asked ISC for funding to develop all-season roads.
The sun’s pink light disappeared over the horizon and night fell over the frozen lake surrounding Wesley’s community. She sat in the driver’s seat of her 4×4 truck that was parked on the lake’s icy surface. She watched as workers, bundled up in coats, toques, and boots, drilled a hole in the ice and pumped murky lake water through a hose into a machine. The spout of the machine, pointed upward at a 40-degree angle, blasted a stream of snowflakes into the air.
A couple of years ago, Wesley asked her band council for a snowmaker. “They thought I was crazy,” she said. “The chief finally told me, ‘Go ahead and buy a snowmaker.’”
Wesley has managed winter road construction for the past eight years. Her dad was the community’s economic development officer before her and was also responsible for the winter road. She grew up crawling around big machines; she would climb them and pretend the floor was lava.
When she took over her father’s job, men cast doubt on her ability to oversee winter road construction. “She’s a girl, we don’t have to listen to her,” Wesley said, describing how they perceived her. “My dad told me, ‘You’re the boss. Tell them what to do.’” She said she proved herself, and now the workers respect her. They don’t ask questions, they do what she says.
The snowmaker is a short-term adaptation. Wesley said the community has asked the provincial and federal governments to support construction of its all-season road.
In an interview in March, ISC minister Patty Hajdu recognized the disappearing ice roads as an emergency. “‘Emergency’ doesn’t even feel strong enough [to describe the situation],” she said. “It’s so urgent that we do more together to figure out what this next stage of living with climate change looks like for, in particular, remote communities.”
But Hajdu stopped short of committing funding for specific all-season roads. Instead, she said the cost will likely be shared but that the federal government was committed to funding all-season roads. “In theory, yes, but it isn’t as simple as a yes or no — it is project by project,” she said. “I can’t speak about specific amounts. I can’t speak about specific routes.” She said the situation is more complex than it seems, and the province has complete control over which routes are prioritized and built.
ISC provided about CA$260,000 ($186,000) for Cat Lake’s feasibility study to confirm potential routes for an all-season road. Hajdu said this is “an important step to the finalization of any infrastructure funding.”
Hajdu vowed not to tie all-season road funding to the acceptance of mining projects. “We should not be increasing funding for First Nations in any realm as a condition of approval for anything. That is very coercive and it’s very colonial,” she said.
“I wouldn’t believe it, because they use money as a way to coerce decisions. They may not directly openly tie it,” said Diabo, the policy analyst.
Last year, ISC allocated CA$45 million ($32 million) for construction of a bridge and permanent road to Pikangikum First Nation, which has a winter road that crosses a lake. Although the government announcement did not mention mining, the road will also lead to a proposed lithium mine.
Each summer, more fires burn through northern forests, Diabo said. “We’re in a time of emergency, and the issue of the disappearing winter roads is part of that.” Under the dual pressures of climate emergencies and extractive industries, some communities will decide to go forward with mining to build all-season roads. “We’re seeing that already,” he added.
In October, Wesley visited the lake that First Mining wants to drain for its proposed Springpole project. The company’s open-pit mine is in the final stages of the permitting process, and the company expects to receive federal approval by the end of this year.
For Wesley, the area isn’t just beautiful, it’s a reminder of her connection as an Ojibway person to the water, trees, fish, and land. It’s a relationship she described by saying, “I belong to the land.”
“I was almost crying, because the land is forever going to be changed in that area,” she said. “We’re gonna have a hole in the ground that’s forever going to be there. I don’t know how not to be emotional about that. Those are my relatives.”
On a sweltering January day in 2018, Pope Francis addressed 100,000 of the faithful in Puerto Maldonado, Peru, not far from where gold mining had ravaged an expanse of Amazon rainforest about the size of Colorado. “The native Amazonian peoples have probably never been so threatened on their own lands as they are at present,” he told the crowd. He simultaneously condemned extractive industries and conservation efforts that “under the guise of preserving the forest, hoard great expanses of woodland and negotiate with them, leading to situations of oppression for the native peoples.”
Francis denounced the insatiable consumerism that drives the destruction of the Amazon, supported those who say Indigenous peoples’ guardianship of their own territories should be respected, and urged everyone to defend isolated tribes. “Their cosmic vision and their wisdom have much to teach those of us who are not part of their culture,” he said.
To Julio Cusurichi Palacios, an Indigenous leader who was in the stadium that day, the words from the head of the Catholic Church — which claims 1.4 billion members and has a long, sordid history of violence against Indigenous peoples worldwide — were welcome and momentous.
“Few world leaders have spoken about our issues, and the pope said publicly the rights of Indigenous peoples were historically violated,” he said after Pope Francis died last month. “Let us hope that the new pope is a person who can continue implementing the position the pope who passed away has been talking about.”
Pope Francis delivers a speech during a meeting with representatives of indigenous communities of the Amazon basin from Peru, Brazil and Bolivia, in the Peruvian city of Puerto Maldonado, on January 19, 2018.
Vincenzo Pinto / AFP via Getty Images
During his 12 years as pontiff, Francis radically reshaped how the world’s most powerful religious institution approached the moral and ethical call to protect the planet. Beyond his invocations for Indigenous rights, Francis acknowledged the Church’s role in colonization, and considered climate change a moral issue born of rampant consumption and materialism. As the Trump administration dismantles climate action and cuts funding to Indigenous peoples around the world — and far-right politics continues to rise globally — experts see the conclave’s selection of Robert Francis Prevost, or Pope Leo XIV as he is now known, as a clear beacon that the faith-based climate justice movement his predecessor led isn’t going anywhere.
In 2015, Pope Francis released his historic papal letter, or encyclical, titled Laudato si’. In the roughly 180-page document, he unequivocally identified planet-heating pollution as a pressing global issue disproportionately impacting the world’s poor, and condemned the outsize role wealthy countries like the U.S. have in contributing to the climate crisis. With it, Francis did what no pope had done before: He spoke with great clarity and urgency about human degradation of the environment being not just an environmental issue, but a social and moral one. Laudato si’ established the definitive connection between faith, climate change, and social justice, and made it a tenet of Catholic doctrine.
The lasting influence of Francis’ encyclical would be buoyed by his other writings, homilies, and his direct appeals to world leaders. He was, for example, credited with helping rally nearly 200 countries to sign the 2015 Paris Agreement, regularly urged cooperation at international climate summits, and released a follow-up to his pioneering encyclical in 2023 that sounded the alarm in the face of the climate crisis.
“Pope Francis routinely said that we have a throwaway society. We throw away people, we throw away nature … and that we really need a culture that’s much more based in care,” said Christopher Cox, executive director of the Seventh Generation Interfaith Coalition for Responsible Investment and a former priest. “That means care for people, especially the most poor, the most vulnerable, the most marginalized. And we also need much greater care for creation. We’ve been given a beautiful earth and we’re consuming it at a rate that goes far beyond what will be able to sustain life for the long term.”
The first Latin American pope, Francis was unique in implicitly embracing some elements of liberation theology, a Catholic social justice movement that calls for the liberation of marginalized peoples from oppression. Although Francis was occasionally critical of the doctrine’s Marxist elements and never fully supportive of it, many observers see his statements regarding poor and Indigenous peoples as reflective of the doctrine’s central values.
“Right from the beginning of his papacy, that outreach, that recognition of Indigenous ways of being Catholic and Indigenous language in Catholicism, heralded — up to that point — the most expansive official recognition of Indigenous contributions to Catholicism thus far,” said Eben Levey, an assistant professor of history at Alfred University who has studied the relationship between Catholic Church and Indigenous peoples in Latin America. In the centuries since conquistadores arrived in the Americas and forced Indigenous peoples to accept their religion, many Indigenous communities have made Catholicism their own, and a growing number of church leaders have embraced the idea that there are multiple ways of being Catholic and that Catholicism and Indigenous cultures can coexist.
Members of indigenous communities from Peru, Brasil and Bolivia gather during the assembly of the Amazonian church in Puerto Maldonado, before the arrival of Pope Francis, on January 18, 2018.
Ernesto Benavides / AFP via Getty Images
A year after becoming pope, Francis approved the use of two Mayan languages, Tzotzil and Tzeltal, in mass and sacraments like baptism and confession. In 2015 he expanded that list to include the Aztec language Nahuatl, and in 2016, during a visit to Mexico, he celebrated mass in Tzeltal, Tzotzil and Chol.
In 2022, Francis officially apologized to Canada for the residential schools that ripped Indigenous children from their families, leading to the deaths of many who were later buried in unmarked graves. The following year, he rejected the Doctrine of Discovery, a religious concept that colonizers used to justify the illegal seizure of land from Indigenous peoples and became part of an 1823 U.S. Supreme Court ruling that described Native Americans as “savages.”
Elder Fernie Marty, a Cree from the Papaschase First Nation, stands next to the portrait of Pope Francis placed on top of the white chair where the Pope sat during his 2022 visit, inside the Sacred Heart Church of the First Peoples.
Artur Widak / NurPhoto via Getty Images
“The Doctrine of Discovery is not part of the teaching of the Catholic Church,” Pope Francis said, adding that he strongly supports the global implementation of the United Nations Declaration on the Rights of Indigenous Peoples. He also drew a clear connection between those rights and climate action: In 2023, he made clear that Indigenous peoples are critical to fighting climate change when he said, “Ignoring the original communities in the safeguarding of the Earth is a serious mistake, not to say a great injustice.”
But Pope Francis’ progressivism had its limits. In 2019, he called for a meeting of church leaders, known as the Synod of Bishops, for the Pan-Amazon region to address issues affecting the Amazon Basin. Indigenous Catholics who attended brought up illegal logging and violence against land defenders and proposed reforms. “The ancestral wisdom of the aboriginal peoples affirms that mother earth has a feminine face,” reads the document that emerged from the gathering and urged the church to give women more leadership roles and allow married deacons to be ordained as priests. In his response, Francis condemned corporations that destroy the Amazon as committing “injustice and crime,” yet refused to embrace the proposals to make church leadership more inclusive of women and married men.
Francis’ climate activism was also riddled in constraint. He transformed how religious institutions viewed the climate crisis, framing a failure to act on it as a brutal injustice toward the most vulnerable, but could have implemented “more direct institutional action,” said Nadia Ahmad, a Barry University School of Law associate professor who has studied faith-based environmental action. Though the former pontiff publicly supported renewable energy adoption, called for fossil fuel disinvestment, and prompted churches across the world to go solar, he did not mandate what he deemed a “radical energy transition” across dioceses, schools, and hospitals. The work he accomplished “could have been amplified a bit more and had more accountability,” said Ahmad.
But that limitation, she noted, likely stemmed from contradictory politics playing out within the church — many traditional, conservative Catholics, particularly in the United States, resisted Francis’ progressive teachings. A 2021 study found that over a period of five years, most U.S. bishops were “nearly silent and sometimes even misleading,” in their official messaging to parishioners about climate change and the pope’s famed encyclical.
Though Pope Leo XIV has been lauded for his advocacy in defense of immigrants and worker rights — his namesake, Leo XIII, who reigned from 1878 until 1903 is known as a historical Catholic champion of social justice and equality — the new pope’s track record on engaging directly with climate change is sparse.
Still, Mary Evelyn Tucker, co-director of the Yale Forum on Religion and Ecology, sees comments the new pope made last year on the need to move “from words to action” as a promising sign that he will continue Francis’ commitment to communicating the urgency of a warming world. The timing of the conclave’s unprecedented decision to select the first pontiff from the United States, coming amid the Trump administration’s sweeping dismissal of climate action, elimination of environmental protections, and attacks on Indigenous rights, isn’t lost on her.
“It may be a signal to say ‘America, come back into the world community, come back into a planetary future where we collectively have been working to create a future worthy of our children and our children’s children,’” she said.
Dancers from Latin America celebrate the newly elected Pope Leo XIV in St. Peter’s square.
Valeria Ferraro / SOPA Images / LightRocket via Getty Images
Leo grew up in Chicago and is a citizen of both the U.S. and Peru, where he spent decades serving as a missionary and bishop before Francis made him a cardinal in 2023. He speaks five languages fluently and some Quechua, an Indigenous Incan language.
While he was working in Peru in the 1990s, Leo was critical of the government’s human rights abuses — though he refrained from explicitly taking sides in the political fight between Maoist rebels and the government of then-dictator Alberto Fujimori, according to Matthew Casey, a historian and clinical associate professor at Arizona State University based in Lima. Still, his reaction to the country’s authoritarianism could provide a glimpse of what stances he might take as pope, Casey said. “It doesn’t matter who was abusing human rights, he was on the side of the people,” he said.
In 2016, the would-be pontiff spoke at a conference in Brazil where attendees talked about threats to the Amazon rainforest and Indigenous peoples who lived there. He praised Francis’ encyclical, describing the document as “very important,” and representing “something new in terms of this explicit expression of the church’s concern for all of creation.” To Casey, that suggests Pope Leo XIV, like his predecessor, has an awareness of the issues affecting Indigenous peoples, such as the rampant degradation of the environment.
“Both Francis and Prevost are attuned to Indigeneity in ways that they couldn’t have been if they worked in Europe or the United States, because the politics of Indigeneity in Latin America are just so different,” Casey said. More than a week after the conclave that named him pope, communities across Peru are still celebrating the selection of Pope Leo XIV.
Francis and Leo’s shared experiences working with marginalized communities harmed by colonialism and climate change, and their commitment to the social justice aspects of the church’s mission, are particularly meaningful in this political moment, said Levey, the Alfred University historian.
“We are seeing a resurgence of ultra right wing politics globally, and the Catholic Church next to the United Nations is one of the few multilateral organizations perhaps capable of responding in some form or fashion to the questions of our modern age or contemporary moment,” he said.
On October 20, 2022, Jeffery Nang, chief of the Rumah Jeffrey people in Malaysia, went to a community meeting and was handed a letter by a government official in Sarawak, a state on the island of Borneo in Malaysia. The letter was an eviction notice for Nang and the 60-some members of Rumah Jeffrey, who are members of the broader Indigenous Iban people of Borneo.
Leave their forest within 30 days, the official notice said, or risk charges against anyone who remained.
The letter was dated six days earlier. The clock had already started ticking.
The notice contended the Rumah Jeffrey people were violating the law by living within a “protected forest.” They had less than a month to demolish all their crops, tear down their longhouse and remove all of their belongings, and get out.
But although the eviction notice cited the land as a “protected” area, Nang knew there was more to the story. Five months earlier, Nang had received a visit from an official from a company called Zedtee Sdn Bhd, a subsidiary of a logging company called Shin Yang Group. According to Nang, a company official told him they needed some of their forest for timber. Sarawak wood is often imported into countries like the United States, Japan and South Korea where it is sold as furniture, flooring, and wood pellets that are burned for fuel.
Nang said he never reached an agreement with Zedtee regarding the forest or any potential relocation or payment. Instead, for nearly three years, his people have been at a standoff with authorities, as they resist the eviction levied without their consent or compensation.
That’s according to a new investigation published last week by Human Rights Watch that concludes the Rumah Jeffrey community is being wrongly evicted, in violation of Malaysia’s laws, as well as in violation of their international rights as Indigenous peoples to consent to extractive projects on their land.
Various studies have shown that deforestation is a leading contributor to climate change, leading to less rainfall, more carbon dioxide in the atmosphere, and warmer temperatures. Research also indicates that protecting Indigenous land rights helps both save forests and protect biodiversity. But despite global pledges to stop deforestation, the problem continues to worsen.
Luciana Téllez Chávez, a senior researcher at Human Rights Watch, said the Rumah Jeffrey’s experience reflects a broader problem of Indigenous rights being disregarded in the region. There are relatively few legal protections for Indigenous peoples in Sarawak compared with other state governments, but her investigation found that even the few legal protections, such as requirements for companies to get certified, are not being met.
“There is a sense that a lot of the deforestation that happens in Sarawak is legal just because the law is so permissive of this type of activity,” she said. “What we’re trying to show is that even the modest protections that exist for Indigenous lands are not respected and this is one example of that.”
Indigenous peoples who want to stay on their land must prove their presence through a specific colonial-era aerial land survey, Chávez said. But the survey itself is classified.
“That’s just absurd,” she said. “It’s just incredibly difficult for communities to advocate for their rights because all this critical environmental information is secret.”
Chávez said Human Rights Watch worked with university researchers to access the survey data and prove that even by that arbitrary criterion, the Rumah Jeffrey have valid land claims.
Neither Zedtee nor the Shin Yang Group responded to messages seeking comment. The Sarawak Forest Department did not respond either to inquiries, but said in a letter to Human Rights Watch that it is committed to best practices in forest management.
“The Sarawak Government remains committed to Sustainable Forest Management through its forest management certification policy and best forest management practices,” the agency said. “This commitment applies to both natural and planted forests, ensuring adherence to strict standards and best practices.”
Despite not receiving consent from the Rumah Jeffrey people, Zedtee proceeded with removing trees from the forest, Human Rights Watch found. A study by researchers at the University of Maryland and the organization Global Forest Watch estimated that the subsequent logging removed nearly eight hectares of forest, or the size of nearly 20 American football fields.
Nicholas Mujah is the general secretary of the Sarawak Dayak Iban Association, a community group representing Indigenous Iban communities like the Rumah Jeffrey in Sarawak. Mujah said there are hundreds of court cases dealing with land disputes in Sarawak because evictions to make way for deforestation are growing more common.
“This type of modus operandi is very, very rampant in Sarawak,” he said.
So far, the Rumah Jeffrey community is resisting eviction. The village of about 60 people relies on the forest and nearby river for fishing, hunting, gathering, and growing food. Moving away would force them to leave two cemeteries where their ancestors and loved ones are buried, as well as a waterfall that they consider sacred.
“The land is very, very significant to the livelihood of the Iban people in Sarawak,” said Mujah.
Human Rights Watch investigators found that the Rumah Jeffrey people did not have an opportunity to provide input in the eviction process, nor do they have an avenue to overturn it.
Mujah hopes the international community helps provide some hope. At the end of this year, the European Union is putting into effect new regulations that will allow companies to be fined for deforestation on their product supply lines that occurred after 2020, whether or not it was technically legal. The law, Chávez says, is a “game-changer,” and could put pressure on the state of Sarawak and the Malaysian government more broadly to better respect Indigenous rights in order to protect a lucrative export industry.
Ideally, Chávez wants the Sarawak government to revoke its eviction notice. Human Rights Watch also called upon countries like the U.S. and Japan to enforce existing laws against importing wood that was felled through illegal deforestation or human rights violations. Finally, Chávez hopes Sarawak adopts stricter legal standards to protect communities like the Rumah Jeffrey.
“The Sarawak legal system is incredibly discriminatory against Indigenous peoples,” she said.”The local laws are not on par with the international standards with the rights of Indigenous peoples and they truly facilitate the appropriation of Indigenous land.”
Four years ago, Harvard University moved a long-planned solar geoengineering project from Arizona to Sápmi, the homelands of Sámi peoples across what is now Norway, Sweden, Finland, and Russia. The Sámi had no idea it was coming.
“We did not know about the plans until we got alerted by the [Indigenous Environmental Network] and they were saying, ‘You should be aware of this,’” said Sámi council member Åsa Larsson Blind.
Blind said that it’s unlikely Harvard deliberately ignored consulting the Sámi about the project before moving it to Kiruna, Sweden. More likely, she thinks, they weren’t aware that they needed to.
“But at the same time, you don’t need to do much research to know that Kiruna is in Sápmi, and that there is an Indigenous people,” Blind said. “There is one Indigenous people in Europe, and that’s the Sámi people, and we are not unknown.”
The idea behind solar geoengineering is that it combats global warming by reflecting sun rays back into space with chemical particles sprayed into the atmosphere. Known as the Stratospheric Controlled Perturbation Experiment, or SCoPEx, the Harvard project would have experimented with the dispersal of those chemicals over Sámi lands. But this kind of climate manipulation goes against Sámi traditional beliefs about caring for nature, the Sámi council wrote in an open letter to Harvard that called for an end to the program. Critically, Harvard also failed to inform the Sámi people of the project or obtain their consent before starting it, the council pointed out, violating their right to free, prior, and informed consent — rights enshrined in international law. Representatives with Harvard’s SCoPEx project did not return requests for comment.
The Sámi are not alone in experiencing such violations and joining the ranks of Indigenous peoples relying on international law to challenge “climate solutions” projects, like SCoPEx, in their territories.
For the third year running, Indigenous leaders have called for a permanent moratorium on carbon markets, carbon offsets, and geoengineering technologies at the United Nations Permanent Forum on Indigenous Issues, or UNPFII. They also demanded an end to all carbon market initiatives within the U.N., like the REDD+, a $5 billion payment scheme that aims to protect forests through private investment in the carbon market. That call, led by the Indigenous Environmental Network, or IEN, and supported by the American Indian Law Alliance, an Indigenous nonprofit, is now bolstered by an IEN report that documents multiple cases where carbon market, carbon offset, and geoengineering projects have violated Indigenous peoples’ rights, and Indigenous people have challenged them. As carbon markets expand into Indigenous homelands, advocates hope these fights for Indigenous rights, in Sápmi and beyond, offer a roadmap to stop a growing industry from exploiting Indigenous peoples.
Depending on how a carbon offset project works to mitigate climate change in design and scale, it generates a certain number of carbon credits — the currency of the carbon market. This allows polluters to offset their emissions by purchasing these credits — governments, businesses, and organizations pay to sequester or remove carbon with things like geoengineering or forest restoration and conservation. Indigenous peoples’ land is often targeted for these efforts, given that they manage or have tenure rights over about 40 percent of the world’s ecologically intact terrestrial landscapes. Because these healthy ecosystems are prime locations for such work, Indigenous peoples living there can quickly become entangled with or impacted by a developing carbon market — often without their knowledge or consent.
During the United Nations Permanent Forum on Indigenous Issues at the United Nations Headquarters in New York. April, 2025.
Taily Irvine / Grist
The IEN report details nine cases of “lawsuits, formal complaints, and public advocacy” where Indigenous peoples, like the Sámi, have invoked the U.N. Declaration on the Rights of Indigenous Peoples, known as UNDRIP, to confront and resist initiatives that threaten their lands and well-being.
“I do believe it’s positive that UNDRIP is being used,” Blind said. “Everytime it is cited and it gets recognition, that builds legitimacy. And when we use it boldly and with confidence and we do that together, that builds legitimacy.”
Passed in 2007 by the U.N., UNDRIP contains 46 articles that set the standard for the recognition, protection, and promotion of Indigenous peoples’ rights. The IEN study reveals that more than a third of them have been violated by climate solutions projects. Repeated infringements include a lack of transparency from companies, states, and organizations about the scale of their work, intentionally sowing division within Indigenous communities, increased violence and surveillance of Indigenous peoples, and violations to free, prior, and informed consent.
Francesca Hillery, a member of the Round Valley Indian Tribe in California, is partnerships director at the Indigenous Greenhouse Gas Removal Commission, or IGGRC, a collective of Indigenous nations in the U.S. working to mitigate climate change through the carbon market.
Hillery said carbon offset projects based in forest or ecosystem restoration often align with Indigenous values and benefit Indigenous communities. But the main benefit to tribes is the financial potential. Tribes in the U.S. need resources to run their governments, Hillery said, and carbon markets may present opportunities for economic growth. In 2015, California’s first forest carbon offset project on Indigenous land was developed on the Round Valley tribe’s land.
“I do understand that there’s this whole critique against the commodification of nature,” Hillery said. “I just think that tribes are looking for solutions for a bunch of different phenomena.”
But for other Indigenous communities, the expansion of carbon markets raises concerns, especially as some projects have already resulted inIndigenous peoples being evicted from their lands or promised financial compensation that doesn’t materialize. In Peru, for example, the Cordillera Azul National Park was created without the consent of the Kichwa people and other Indigenous communities whose territories it overlaps. Then, the Peruvian government and CIMA, the nonprofit set up to run the park, sold more than 28 million carbon credits for the project. According to IEN, the Peruvian government and CIMA refused to recognize Kichwa land claims while simultaneously profiting from carbon credit sales in the park. In an analysis of reports that detail carbon market impacts, the news outlet Carbon Brief found that more than 70 percent of the reports documented evidence of carbon offset projects harming Indigenous people as well as local communities.
All of the court cases outlined in the IEN report are of Indigenous people using UNDRIP to fight against carbon markets. But Joanna Cabello, a senior researcher with SOMO, a Netherlands-based organization that investigates multinational corporations and their impacts on people and environments, said rulings in support of Indigenous land rights are still a boon to communities who might welcome carbon projects. The same logic that upholds Indigenous land rights also affords them the right to choose what they want to do with that land, including joining the carbon market.
“The recognition of [Indigenous] rights is always a strong starting point for any type of [carbon market] project, as that would mean that they have the right to say no to the proposal as well as to hold the companies or organizations behind a project accountable,” Cabello said.
Cabello has studied carbon offset projects for over 20 years and said that while these markets infringing on Indigenous rights is “not news,” more courts are ruling in favor of Indigenous communities, which isn’t usually the case.
In 2020, the Kichwa sued the Peruvian government, contesting its refusal to recognize Indigenous territorial rights, the creation of the conservation project on their territory without consent, and the systematic exclusion from making decisions about or receiving financial benefits from carbon credit sales. In 2023 and 2024, the court agreed with the Kichwa, becoming the first judicial rulings in Peru to recognize and uphold Indigenous territorial rights.
“Hopefully, the more and more that communities are able to reach these verdicts, the more that also governments — even if it’s not at the national level, but municipal level or regional level — can start checking who is really benefiting from doing these projects in their territories,” Cabello said. “Hopefully some will side more with Indigenous peoples’ rights.”
Though it’s just one tool, Cabello said using UNDRIP like this shows Indigenous communities that denouncing abuse can be met with meaningful recognition — and tells industries that people are watching their work.
Similarly, the letter that the Sámi council issued to Harvard demanding an end to SCoPEx clarified the risks and violations associated with such a project. Not only is it required to obtain consent for activities on their lands, Indigenous people have the right, the Sámi council reminded the university, to maintain and strengthen their spiritual relationship to their traditional lands, uphold their responsibilities to future generations, and make decisions about the territories and resources under their stewardship, including air.
After continued opposition, Harvard’s solar geoengineering project was terminated in March 2024.
“That’s something, because we don’t have many other examples of a huge institution like Harvard backing down after critique from Indigenous peoples,” Blind said, noting that this issue was successfully addressed outside the court of law.
“It is significant to see that it is actually an option to halt something when you realize that it wasn’t done right.”
This story is part of a Grist package examining how President Trump’s first 100 days in office have reshaped climate and environmental policy in the U.S.
When Native Hawaiian combat veteran Joseph Guzman-Simpliciano got back home to Hawaiʻi from Afghanistan and Iraq, he was shocked at how the burnt-out, abandoned cars lying by the side of the road on the west side of Oʻahu reminded him of the war zone he had just left.
Joseph and his wife Carmen founded Kingdom Pathways to help empower their community to address environmental problems like water contamination and illegal dumping. “We founded Kingdom Pathways out of love for our land,” said Carmen, who is both Native Hawaiian and Cherokee.
By the end of last year, they had received a $3 million federal grant to help empower their community to shape environmental policy. The money would’ve enabled their organization to hire about a dozen people; train community members on citizen science, such as taking air quality and water samples; and help educate the community on longstanding environmental challenges like how to get rid of cesspools.
When she found out about the grant, Carmen was shocked. “I said, ‘What? Little old us?’” she said. “I’m just a mom trying to figure out how to keep my children safe in my community.”
Joseph and Carmen Guzman-Simpliciano started their organization Kingdom Pathways to give back to their community in West Oʻahu.
Courtesy of Carmen Guzman-Simpliciano
But her excitement was short-lived. Over the course of the first 100 days of his second term, President Donald Trump has been slashing millions of dollars in federal funding that supports Indigenous peoples and their environmental work. He has changed policies to make it easier for developers to fast-track energy projects and eliminated numerous federal jobs in agencies like Indian Health Services and the Bureau of Indian Affairs. More than $350 million has been frozen for tribal nations and Alaska Native communities, including money to replace asbestos-ridden homes for the Tyonek people in Alaska and upgrade their homes with solar panels to help them offset monthly electric bills that can range from $300 to $800, and funding to prevent an eroding riverbank from swallowing up the homes in the Alaska Native Village of Kipnuk.
The chaos is part of a broader pattern of the Trump administration to act quickly regardless of legality and reverse policies when needed, even at the cost of sowing confusion and wasting money. “It’s been a shitshow,” said Matthew Fletcher, a law professor at Michigan State University and member of the Little Traverse Bay Bands of Odawa Indians.
In his home state of Michigan, tribal nations like the Bay Mills Indian Community have experienced the twin effects of both loss of federal funding and consequences of Trump’s push to deregulate energy projects. Last year, Bay Mills received a multi-million dollar award to build up its solar infrastructure; in February, that funding was frozen. For years they have been fighting an expansion of the Line 5 oil pipeline that snakes through the Great Lakes; this year, Trump fast-tracked it, prompting Bay Mills and other tribal nations to withdraw from a federal consultation process.
Kingdom Pathways’ grant through the U.S. Environmental Protection Agency wasn’t specifically for Indigenous-led organizations, but it was slashed as part of a broader defunding of EPA’s Community Change grants that had sought to address climate and environmental justice. Within the past two weeks, a court ruled that the Trump administration violated the law in failing to pay out the grants promised to Guzman-Simpliciano’s and similar organizations. The money is now flowing again, but it’s not clear how long that’ll continue.
“There’s a lot of uncertainty,” said Gussie Lord, a managing attorney at the environmental law firm Earthjustice and a citizen of the Oneida Nation of Wisconsin. “People don’t know what is going on or how it’s going to impact their programs.”
The funding cuts have been so severe and widespread that more than 20 Native organizations banded together to form a new Coalition for Tribal Sovereignty to defend their rights amid Trump’s rapid-fire federal policy changes. Since February, they have written nearly two dozen letters to the Trump administration and Congress pushing back on budget cuts.
“We are not the cause of federal deficits, nor should federal savings be achieved to our detriment,” the coalition said in a letter to Interior Secretary Doug Burgum last month. “In fact, the U.S. should prioritize payment on debt to Tribal Nations as its original creditors.”
Part of the reason Indigenous peoples are particularly affected by federal upheaval is because tribal nations necessarily deal with the federal government more so than non-Indigenous peoples, Lord said. That’s because many tribal nations have treaties with the U.S. that establish ongoing trust responsibilities between the U.S. and Indigenous peoples and guarantee certain rights.
Many live on federal Indian reservations, land heavily regulated by U.S. agencies like the Bureau of Indian Affairs. Their children go to schools funded by the U.S. Department of Education or they receive health care from the federally funded Indian Health Service. Indigenous peoples in Alaska and the Pacific region also rely on federal funding, and in the U.S. territories, they lack voting representation in Congress and the ability to vote for president.
Allison Neswood, an attorney at the Native American Rights Fund, said the cuts are particularly painful because tribal services have been perpetually underfunded — for example, public safety and justice programs are funded at 13 percent of the estimated need, and health care is funded at half. Because of this, in addition to advocacy and litigation, tribal leaders are also finding ways to work with the Trump administration to resolve their concerns.
“I think this is very existential for tribes. You can’t just walk away from the administration,” Neswood said. “These are life-and-death, existential issues. So I think there’s a real effort to see where we can find some shared priorities or shared interests with the administration.”
The Trump administration says it’s acting in line with its commitment to efficient spending.
“As with any change in Administration, the agency is reviewing its awarded grants to ensure each is an appropriate use of taxpayer dollars and to understand how those programs align with Administration priorities,” the EPA said in a statement to Grist. “Projects are being individually assessed by period of performance, criticality, and other criteria,” the Bureau of Indian Affairs echoed.
Lord from Earthjustice said her immediate concern goes beyond funding cuts. An Interior Department announcement last week revealed the agency will shorten environmental impact analyses timelines that can take as long as two years down to 28 days.
“Things like mines, pipelines, big oil and gas leases, things that can really impact a huge area of land, and a large watershed — those environmental reviews have been arbitrarily truncated,” she said. “It really covers a broad swath of industrial activities.”
Fletcher from Michigan State University said such deregulation might benefit a small percentage of tribes who have oil reserves, but that many others will find themselves shut out from decision-making on projects affecting their communities. Trump signed an executive order earlier this year to fast-track energy projects, and is jump-starting a copper mine at Oak Flat to meet growing demand for critical mineral mining over the objections of the Western Apache people.
“We’re finding that much of the legal and political infrastructure we’ve established vis-a-vis the federal government is being systematically dismantled,” he said.
This story is part of a Grist package examining how President Trump’s first 100 days in office have reshaped climate and environmental policy in the U.S., and is made possible through a partnership with Grist and Interlochen Public Radio in Northern Michigan.
When President Donald Trump declared a national energy emergency on his first day in office, he directed the U.S. Army Corps of Engineers to use emergency permitting for projects to boost energy supplies, including oil, natural gas, uranium, coal, biofuels, geothermal heat, hydropower, and critical minerals.
Doing so effectively created a new class of emergency permit to fast track energy projects across the country. But environmental advocates worry this will harm the ability of the public to weigh in on projects that will contribute to climate change and harm sensitive ecosystems.
Speeding up permitting for high-profile proposals will likely gain attention and trigger lawsuits, said David Bookbinder, director of law and policy at the nonprofit Environmental Integrity Project. But he worries that under the order, there will be less scrutiny paid to less well-known projects.
“The one thing that is clear is they’re cutting back,” he said. “They’re shortening the amount of time for public comment.”
The agency typically uses emergency permitting for projects that prevent risk to human life, property, or of unexpected and significant economic hardship, such as rebuilding infrastructure after a hurricane. Creating emergency procedures to address energy supplies is new. And according to Bookbinder, it’s illegal.
The corps has allowed the president to amend its regulation without going through the required process, he said, “And the president can’t do that.”
Emergency procedures will be determined by each Army Corps district, a process Bookbinder called “rather opaque.” For instance, he said, it’s not clear whether or how the corps will go through the environmental analysis required by the National Environmental Policy Act, or NEPA. The landmark 1970 law requires the federal government to account for environmental impacts before permitting a project, and is sometimes the only opportunity for people to weigh in on projects that will affect them.
This is part of a much larger effort to increase energy production, including through drilling and mining; last week the Interior Department announced it would fast-track such projects on public lands. The Trump administration has also moved to unravel and decentralize how NEPA is implemented.
Doug Garman, a spokesperson with the agency headquarters, said in an email the Army Corps is still required to comply with “all applicable laws and regulations,” including NEPA, and that “coordination of these reviews will be subject to the emergency declared under [the executive order.]”
Garman said current regulations do allow the agency to respond to the declared emergency in this manner.
The Army Corps also announced it will speed up its review of a contentious tunnel under the Great Lakes that would house a section of the Line 5 pipeline, which carries oil and natural gas liquids from Wisconsin to Ontario. The 72-year-old pipeline currently runs about four miles underwater in the straits between lakes Michigan and Huron.
Shane McCoy, a regulatory branch chief with the corps’ Detroit District, told reporters the emergency procedures “truncated” its timeline but that they weren’t “eliminating any of the steps” in the process. The corps said the project qualifies as an emergency and that a faster review will allow it “to address an energy supply situation” which would risk life, property, and unexpected and significant economic hardship.
The pipeline’s owner, Canada-based Enbridge, first applied for a federal permit to build the tunnel in 2020. It says doing so would make the pipeline safer by reducing the risk of an oil spill and calls it “critical energy infrastructure.”
But the permitting process had been deeply flawed even before it had been fast tracked, according to seven tribal nations in Michigan that withdrew from federal talks on the tunnel.
“The Straits of Mackinac is spiritually, culturally, and economically vital to Tribal Nations,” tribal leaders wrote in a letter to the corps, saying that the agency’s environmental review process “disregards this deep place-based connection and instead seems designed to ensure that oil — and its associated threats — will continue to exist throughout the treaty ceded territory, including in the Great Lakes and the Straits.”
The decision to speed up that review was the “final straw,” according to Whitney Gravelle, president of the Bay Mills Indian Community.
“We will continue to defend the rights of the Great Lakes. See you in court,” she said in an emailed statement after the change was announced.
A group of protestors paddle out into the waters off St. Ignace in Michigan as part of a protest against the Line 5 pipeline in August 2024.
Izzy Ross / Grist
There’s also the matter of the energy emergency itself. The executive order holds that the country’s “insufficient energy production, transportation, refining, and generation constitutes an unusual and extraordinary threat to our Nation’s economy, national security, and foreign policy.” But many energy experts have said that isn’t accurate, adding to numerous legal questions surrounding the order.
Under former President Joe Biden, the United States produced record amounts of oil and gas, and remained the world’s largest liquid natural gas exporter, though that administration cut back on leasing federal lands for drilling and slowed some gas exports.
The White House did not respond to an emailed request for comment.
“Overall, our production levels for fossil fuels were quite high,” said David Spence, a professor of energy law at the University of Texas at Austin. “So on the oil and gas side of things, to the extent that the Trump administration wants to increase production, it’s going to be incremental at best because the market will only take as much as the market wants, and we were doing a pretty good job of satisfying that demand beforehand.”
Faster permitting will likely benefit individual projects, Spence said, along with oil companies and exporters of products like liquefied natural gas.
While Trump’s executive order doesn’t directly mention wind or solar, it implied that such energy made the grid unreliable. It also includes critical minerals in its push for domestic extraction — minerals used in renewable technologies. Spence said the supply of critical minerals is less secure because the U.S. relies on foreign imports. “If that’s what the emergency is aimed at, then you can sort of make that case with more of a straight face.”
Still, he said in an email, “I generally think that ‘energy independence’ is a silly idea. Trade happens because it benefits both parties. Getting in the way of that takes away those benefits.”
Editor’s note: Enbridge is among IPR’s financial sponsors. Financial sponsors have no influence on IPR’s news coverage.
This story is published through the Indigenous News Alliance.
During the opening day of this year’s United Nations Permanent Forum on Indigenous Issues, or UNPFII, one speech took a striking turn. Indigenous leaders and representatives of nation states delivered 3-minute monologues about the plight and importance of Indigenous women around the globe. Most were followed by ripples of applause from the speakers’ peers, or sometimes thunderous ovation if the statement was particularly rousing.
Notably, an hour or so in, when the U.S. counselor for economic and social affairs, Edward Heartney, delivered his statement, he used his time to tout President Donald Trump as a protector of Indigenous women.
“The United States remains committed to promoting the rights and well-being of Indigenous women and girls,” said Heartney. “During President Trump’s first administration, he supported initiatives aimed at promoting economic development and entrepreneurship among Indigenous women.” Heartney mentioned violence against Indigenous women, and gave examples that he said “demonstrate the administration’s ongoing commitment to delivering accountability and justice for American Indian and Alaska Native nations and communities.”
No one clapped. You could hear a pin drop.
Presiding over the three hours of interventions, which would continue into the next day, was Aluki Kotierk (Inuit), newly-elected chair of the UNPFII. Representatives of Indigenous communities around the world described the progress certain countries have made to protect Indigenous women, and the considerable work still left to do.
Chile, for example, has adopted laws against gender-based violence and has a new law going through Parliament that aims to protect cultural heritage. The president of Mexico, Claudia Sheinbaum, declared 2025 to be the “Year of the Indigenous Woman.” Colombia approved a formal development plan recognizing Indigenous women as key defenders of land, food sovereignty and knowledge systems.
“Colombia understands that Indigenous women are the owners of our territories – not guardians,” said Colombia’s Minister of Environment Lena Estrada Anokazi (Uitoto Minɨka). Anokazi is the first Indigenous woman to hold this office in Colombia.
But it’s not enough, she said, that her nation has implemented traditional Indigenous knowledge in development and policy. “We need to fight, because traditional knowledge systems are there and always have been, but they need to be appreciated on the same level as scientific knowledge,” Anokazi said.
By her characterization, Indigenous women are leaders living at “the dangerous nexus of multiple and intersectional discrimination due to their gender and their Indigenous identity,” but who nevertheless protect the land and the cultural understanding of how to care for it.
More and more, traditional cultural knowledge is revealing itself as essential to fighting climate change and engineering new ways of living that don’t destroy the earth. This positions Indigenous women as among the most impacted by climate change, and also likely the most capable of solving it. Without Indigenous women, Anokazi said, we can’t even talk about sustainable development.
Interventions by some non-Native representatives painted a slightly different picture of Indigenous women: one that focused almost exclusively on the violence, dispossession and dismissal they face, without the context that they are knowledge- and culture-bearers, intentionally vulnerable in a hardening world as stalwart servants of their ecosystems and communities.
The differing views of Indigenous women was not lost on forum attendees. An Inuit representative took time from her three minutes to assert that Indigenous women are not simply passive victims of colonization, which is a key distinction highlighting fundamentally differing worldviews. Quechua activist and forum panelist Tarcila Rivera Zea re-grounded the discussion with an Indigenous women’s view on Indigenous women: “We’re not complaining. We’re not begging,” she asserted. “We’re acting.”
In the context of this conversation, Heartney’s pro-Trump statement felt abrupt and out of place to attendees. It echoed messaging from right-wing think tanks, which use economic development, job creation and even so-called protection as Trojan horses for resource extraction.
Heartney framed economic empowerment – not preservation of culture and biodiversity, nor justice for murdered and missing Indigenous women (MMIW) as others did — as “a cornerstone” of the United States’ approach to Indigenous women’s well-being. As for their safety, he cited legislation passed during the first Trump administration to address the MMIW crisis, and the FBI’s Operation Not Forgotten.
In the silence that followed, Heartney briskly gathered his things and slipped out the door. Had he stayed, he would have heard the next statement, delivered by fashion model and land protector — a term used to describe a lifelong commitment to one’s homelands — Quannah ChasingHorse (Hän Gwich’in and Sicangu Oglala Lakota) on behalf of the Gwich’in Steering Committee.
“The U.S. has opened the coastal plain to oil and gas leasing, threatening our very survival,” ChasingHorse said. Though ChasingHorse’s statement was written in advance, it read like a direct rebuff to Heartney’s message. The coastal plain in question is Iizhik Gwats’an Gwandaii Goodlit, “the Sacred Place Where Life Begins.”
“The Gwich’in have never given consent for development, and our right to self-determination is being violated by interests that view our lands as a commodity,” ChasingHorse continued. “I am outraged that decisions about my people’s future are being made without us at the table.”
Last month Heartney announced in a General Assembly session the United States’ rejection of the UN’s sustainable development goals. “Put simply, globalist endeavors like Agenda 2030 and the SDGs lost at the ballot box,” he said. High Country News reached out to Heartney for comment through his colleagues and through an online contact form, but as of press time has not received a response.
On Tuesday, during a discussion on the right of Indigenous people to consent to decisions impacting their lands, Chickaloon Village Traditional Chief Gary Harrison put a fine point on things. His community, he said, has particularly high rates of MMIW cases. “I find it a little bit strange that you have governments taking up Indigenous peoples’ time,” he said, spending precious seconds of his three minutes to directly question the forum chair. “If everything’s okay in their countries, why are we here?” The room thundered with applause.
For the last week, Indigenous leaders from around the world have converged in New York for the United Nations Permanent Forum on Indigenous Issues, or UNPFI. It’s the largest global gathering of Indigenous peoples and the Forum provides space for participants to bring their issues to international authorities, often when their own governments have refused to take action. This year’s Forum focuses on how U.N. member states’ have, or have not, protected the rights of Indigenous peoples, and conversations range from the environmental effects of extractive industries, to climate change, and violence against women.
The Forum is an intergenerational space. Young people in attendance often work alongside elders and leaders to come up with solutions and address ongoing challenges. Grist interviewed seven Indigenous youth attending UNPFII this year hailing from Africa, the Pacific, North and South America, Asia, Eastern Europe, and the Arctic.
Joshua Amponsem, 33, is Asante from Ghana and the founder of Green Africa Youth Organization, a youth-led group in Africa that promotes energy sustainability. He also is the co-director of the Youth Climate Justice Fund which provides funding opportunities to bolster youth participation in climate change solutions.
Since the Trump administration pulled all the funding from the U.S. Agency for International Development, or USAID, Amponsem has seen the people and groups he works with suffer from the loss of financial help.
Courtesy of Joshua Amponsem
It’s already hard to be a young person fighting climate change. Less than one percent of climate grants go to youth-led programs, according to the Youth Climate Justice Fund.
“I think everyone is very much worried,” he said. “That is leading to a lot of anxiety.”
Amponsem specifically mentioned the importance of groups like Africa Youth Pastoralist Initiatives — a coalition of youth who raise animals like sheep or cattle. Pastoralists need support to address climate change because the work of herding sheep and cattle gets more difficult as drought and resource scarcity persist, according to one report.
“No matter what happens we will stand and we will fight, and we will keep pushing for solutions,” he said.
Janell Dymus-Kurei, 32, is Māori from the East Coast of Aotearoa New Zealand. She is a fellow with the Commonwealth Fund, a group that promotes better access to healthcare for vulnerable populations.
At this year’s UNPFII, Dymus-Kurei hopes to bring attention to legislation aimed at diminishing Māori treaty rights. While one piece of legislation died this month, she doesn’t think it’s going to stop there.
She hopes to remind people about the attempted legislation that would have given exclusive Maori rights to everyone in New Zealand.
Courtesy of Janell Dymus-Kurei
The issue gained international attention last Fall when politician Hana-Rawhiti Maipi-Clarke performed a Haka during parliament, a traditional dance that was often done before battle. The demonstration set off other large-scale Māori protests in the country.
“They are bound by the Treaty of Waitangi,” she said. Countries can address the forum, but New Zealand didn’t make it to the UNPFII.
“You would show up if you thought it was important to show up and defend your actions in one way, shape, or form,” she said.
This year, she’s brought her two young children — TeAio Nitana, which means “peace and divinity” and Te Haumarangai, or “forceful wind”. Dymus-Kurei said it’s important for children to be a part of the forum, especially with so much focus on Indigenous women.
“Parenting is political in every sense of the word,” she said.
Avery Doxtator, 22, is Oneida, Anishinaabe and Dakota and the president of the National Association of Friendship Centres, or NAFC, which promotes cultural awareness and resources for urban Indigenous youth throughout Canada’s territories. She attended this year’s Forum to raise awareness about the rights of Indigenous peoples living in urban spaces.
The NAFC brought 23 delegates from Canada this year representing all of the country’s regions. It’s the biggest group they’ve ever had, but Doxtator said everyone attending was concerned when crossing the border into the United States due to the Trump Administration’s border and immigration restrictions.
Taylar Dawn Stagner
“It’s a safety threat that we face as Indigenous peoples coming into a country that does not necessarily want us here,” she said. “That was our number one concern. Making sure youth are safe being in the city, but also crossing the border because of the color of our skin.”
The United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP, protects Indigenous peoples fundamental rights of self-determination, and these rights extend to those living in cities, perhaps away from their territories.
She said that she just finished her 5th year on the University of Toronto’s Water Polo Team, and will be playing on a professional team in Barcelona next year.
Liudmyla Korotkykh, 26, is Crimean Tatar from Kyiv, one of the Indigenous peoples of Ukraine. She spoke at UNPFII about the effects of the Ukraine war on her Indigenous community. She is a manager and attorney at the Crimean Tatar Resource Center.
The history of the Crimean Tatars are similar to other Indigenous populations. They have survived colonial oppression from both the Russian Empire and the Soviet Union — and as a result their language and way of life is constantly under threat. Crimea is a country that was annexed by Russia around a decade ago.
Taylar Dawn Stagner
In 2021, President Zelensky passed legislation to establish better rights for Indigenous peoples, but months later Russia continued its campaign against Ukraine.
Korotkykh said Crimean Tatars have been conscripted to fight for Russia against the Tatars that are now in Ukraine.
“Now we are in the situation where our peoples are divided by a frontline and our peoples are fighting against each other because some of us joined the Russian army and some joined the Ukrainian army,” she said.
Korotkykh said even though many, including the Trump Administration, consider Crimea a part of Russia, hopes that Crimean Tatars won’t be left out of future discussions of their homes.
“This is a homeland of Indigenous peoples. We don’t accept the Russian occupation,” she said. “So, when the [Trump] administration starts to discuss how we can recognize Crimea as a part of Russia, it is not acceptable to us.”
Toni Chiran, 30, is Garo from Bangladesh, and a member of the Bangladesh Indigenous Youth Forum, an organization focused on protecting young Indigenous people. The country has 54 distinct Indigenous peoples, and their constitution does not recognize Indigenous rights.
In January, Chiran was part of a protest in Dhaka, the capital of Bangladesh, where he and other Indigenous people were protesting how the state was erasing the word “Indigenous” — or Adivasi in Hindi — from text books. Chiran says the move is a part of an ongoing assault by the state to erase Indigenous peoples from Bangladesh.
Courtesy of Toni Chiran
He said that he sustained injuries to his head and chest during the protest as counter protesters assaulted their group, and 13 protesters sustained injuries. He hopes bringing that incident, and more, to the attention of Forum members will help in the fight for Indigenous rights in Bangladesh.
“There is an extreme level of human rights violations in my country due to the land related conflicts because our government still does not recognize Indigenous peoples,” he said.
The student group Students for Sovereignty were accused of attacking Chiran and his fellow protesters. During a following protest a few days later in support of Chiran and the others injured Bangladesh police used tear gas and batons to disperse the crowd.
“We are still demanding justice on these issues,” he said.
Aviaaija Baadsgaard, 27, is Inuit and a member of the Inuit Circumpolar Council Youth Engagement Program, a group that aims to empower the next generation of leaders in the Arctic. Baadsgaard is originally from Nuunukuu, the capital of Greenland, and this is her first year attending the UNPFII. Just last week she graduated from the University of Copenhagen with her law degree. She originally began studying law to help protect the rights of the Inuit of Greenland..
Recently, Greenland has been a global focal point due to the Trump Administration’s interest in acquiring the land and its resources – including minerals needed for the green transition like lithium and neodymium: both crucial for electric vehicles.
“For me, it’s really important to speak on behalf of the Inuit of Greenland,” Baadsgaard said.
Taylar Dawn Stagner
Greenland is around 80 percent Indigenous, and a vast majority of the population there do not want the Greenland is around 80 percent Indigenous, and a vast majority of the population there do not want the U.S. to wrest control of the country from the Kingdom of Denmark. Many more want to be completely independent.
“I don’t want any administration to mess with our sovereignty,” she said.
Baadsgaard said her first time at the forum has connected her to a broader discussion about global Indigenous rights — a conversation she is excited to join. She wants to learn more about the complex system at the United Nations, so this trip is about getting ready for the future.
Cindy Sisa Andy Aguinda, 30, is Kitchwa from Ecuador in the Amazon. She is in New York to talk about climate change, women’s health and the climate crisis. She spoke on a panel with a group of other Indigenous women about how the patriarchy and colonial violence affect women at a time of growing global unrest. Especially in the Amazon where deforestation is devastating the forests important to the Kitchwa tribe.
She said international funding is how many protect the Amazon Rainforest. As an example, last year the United States agreed to send around 40 million dollars to the country through USAID — but then the Trump administration terminated most of the department in March.
Courtesy of Cindy Sisa Andy Aguinda
“To continue working and caring for our lands, the rainforest, and our people, we need help,” she said through a translator. Even when international funding goes into other countries for the purposes to protect Indigenous land, only around 17 percent ends up in the hands of Indigenous-led initiatives. “In my country, it’s difficult for the authorities to take us into account,” she said.
She said despite that she had hope for the future and hopes to make it to COP30 in Brazil, the international gathering that addresses climate change, though she will probably have to foot the bill herself. She said that Indigenous tribes of the Amazon are the ones fighting everyday to protect their territories, and she said those with this relationship with the forest need to share ancestral knowledge with the world at places like the UNPFII and COP30.
“We can’t stop if we want to live well, if we want our cultural identity to remain alive,” she said.
Jason Baldes drove down a dusty, sagebrush highway earlier this month, pulling 11 young buffalo in a trailer up from Colorado to the Wind River Reservation in Wyoming. His blue truck has painted on the side a drawing of buffalo and a calf. As the executive director of the Wind River Buffalo Initiative and Eastern Shoshone tribal member, he’s helped grow the number of buffalo on the reservation for the last decade. The latest count: the Northern Arapaho tribe have 97 and the Eastern Shoshone have 118.
“Tribes have an important role in restoring buffalo for food sovereignty, culture and nutrition, but also for overall bison recovery,” he said.
The Eastern Shoshone this month voted to classify buffalo as wildlife instead of livestock as a way to treat them more like elk or deer rather than like cattle. Because the two tribes share the same landbase, the Northern Arapaho are expected to vote on the distinction as well. The vote indicates a growing interest to both restore buffalo on the landscape and challenge the relationship between animal and product.
Three bulls rest in the the Eastern Shoshone Buffalo Enclosure on Friday, April 11, 2025, on the Wind River Reservation near Morton, Wyoming.
Amber Baesler / AP Photo
Like cows, buffalo emit methane, a powerful greenhouse gas, by belching, though it’s not clear if buffalo give off the same levels.
While buffalo can contribute to climate change, what they bring in increased biodiversity can promote drought resistance and some buffalo herds have been shown to help store carbon.
The scale of cattle on the landscape and how they are managed contributes to climate change. Baldes argues buffalo should be able to roam on the plains to bolster biodiversity and restore ecological health of the landscape — but that has to come with a change in relationship.
A new bull wanders during the buffalo release at the Eastern Shoshone Buffalo Enclosure on Friday, April 11, 2025, on the Wind River Reservation near Morton, Wyoming.
Amber Baesler / AP Photo
“Buffalo as wildlife allows the animals to exist on the landscape,” Baldes said. “Rather than livestock based on economic and Western paradigms.”
Wildlife is broadly defined as all living organisms, like plants and animals that exist outside the direct control of humans. When it comes to how different states define wildlife, the definition can vary. But a good rule of thumb is animals that are not domesticated — as in selectively bred for human consumption or companionship — are typically classified as wildlife.
“Bison have a complex history since their near extinction over 100 years ago,” said Lisa Shipley, a professor at Washington State University who studies management of wild ungulates which are large mammals with hooves that include buffalo. Tribes and locals tend to say buffalo while scientists use bison to describe the animal.
Oakley Boycott, left, embraces Ori Downer, 8, during the buffalo release at the Eastern Shoshone Buffalo Enclosure on Friday, April 11, 2025, on the Wind River Reservation near Morton, Wyoming.Amber Baesler / AP Photo
Beadwork dangles from a rearview mirror in a vehicle used by the Wind River Tribal Buffalo Initiative during the buffalo release at the Eastern Shoshone Buffalo Enclosure on Friday, April 11, 2025, on the Wind River Reservation near Morton, Wyoming.Amber Baesler / AP Photo
During the western expansion of settlers a combination of overhunting, habitat destruction, and government policy aimed at killing Indigenous peoples food supplies eradicated the animal from the landscape.
Around eight million buffalo were in the United States in 1870 and then in the span of 20 years there were less than 500. Today, in North America there are roughly 20,000 wild plains bison — like the ones Baldes works to put on the Wind River. But most buffalo reside in privately owned operations, where many buffalo are raised for the growing bison meat industry. In 2023, around 85,000 bison were processed for meat consumption in the United States, compared to the 36 million head of cattle. It’s not a lot compared to cattle but some producers see buffalo as an interesting new addition to the global meat market.
The numbers are similar for other kinds of wildlife — there are typically more livestock on the land than wildlife. According to one study, if all the livestock of the world were weighed, the livestock would be 30 times heavier than the weight of all the wildlife on the Earth.
Reducing the world’s collective reliance on cows — a popular variety of livestock — has been a way many see as a path forward to combating climate change. Eating less beef and dairy products can be good for the planet; cows account for around 10 percent of green house gas emissions. And having too many cows on a small patch of pasture can have negative effects on the environment by causing soil erosion and affecting the amount of carbon the land can absorb.
Buffalo are good to have on a landscape because they tend to move around if given enough room. One study saw that cattle spent half their time grazing, while buffalo only around a quarter of the time — buffalo even moved faster and had an affinity for more varieties of grasses to munch on. But even buffalo can damage the landscape if they are managed like cattle.
A bull relocated from the Soapstone Prairie in Colorado wanders its new home at the Eastern Shoshone Buffalo Enclosure on Friday, April 11, 2025, on the Wind River Reservation near Morton, Wyoming.
Amber Baesler / AP Photo
“Too many animals on the landscape can lead to rangeland degradation and health concerns,” said Justin Binfet, wildlife management coordinator for Wyoming Game and Fish Department. The state has classified the buffalo as both livestock and wildlife, which means they can be privately owned or managed in conservation herds. However, different places in the state have different rules regarding the animal. Currently, Wyoming issues around 70 buffalo hunting tags a year.
The National Park Services manages the oldest untouched population of buffalo in Yellowstone National Park, which intersects with both Wyoming and Montana. Montana has sued the National Park over their buffalo management plan citing potential negative effects as the park grows the herd and an interest in letting the buffalo push the boundaries in the park like other wildlife do. The Montana Stockgrowers Association – a group that advocates for the sale of beef – said the management plan in the National Park for buffalo “did not adequately represent all management options that should be considered” like more population control and increased tribal hunting.
Ranchers in Wyoming and Montana, including tribal members who raise cattle, often cite the disease brucellosis as a reason to keep buffalo and cattle strictly away from each other. The management plan for buffalo in says that there has not been a recorded case of bison-to-cattle.
Wyoming has a history of contesting tribal hunting rights. In the 2019 United States Supreme Court Case Herrera vs. Wyoming, the court ruled in favor of treaty protected hunting rights within the state. But how this history will intersect with buffalo’s classification as wildlife remains to be seen.
On the Wind River Reservation, the tribes have control of wildlife management and hunting regulations. The choice to designate buffalo as wildlife is a matter of tribal sovereignty, tribes making decisions on their homelands.
Big Wind Singers Lyle Oldman, from left, Wayland Bonatsie and Jake Hill perform a Sun Dance song during the buffalo release at the Eastern Shoshone Buffalo Enclosure on Friday, April 11, 2025, on the Wind River Reservation near Morton, Wyoming.
Amber Baesler / AP Photo
For Baldes, he wants to eventually hunt buffalo like someone would any other wildlife. He’s in the process of buying property to allow buffalo to roam like they did before Western expansion. He doesn’t like when people call the Wind River Buffalo Initiative a ‘ranch’, because it has too much of an association with cows, and cattle – and he says buffalo should be treated like they were before settler contact.
“Bringing the buffalo back is about our relationship with them, not domination over them,” Baldes said.
This coverage is made possible through a partnership with Grist and Interlochen Public Radio in Northern Michigan.
Seven Indigenous nations have withdrawn from discussions over an oil and gas liquids pipeline in Michigan, citing federal agencies’ failure to adequately engage with tribal governments during the process.
The move is expected to trigger lawsuits the tribes hope will block the controversial Line 5 project, a 645 mile pipeline that carries over half-a-million barrels of crude oil and natural gas liquids per day and runs between the United States and Canada. Enbridge, the company behind Line 5, has proposed a tunnel under the Great Lakes in order to replace a section of the 72-year-old pipeline.
The tribal nations have been involved with the permitting process since 2020, when Enbridge applied to build the underground tunnel for the pipeline, but have grown increasingly dissatisfied with negotiations they say ignored tribal expertise, input, and concerns, and undermined treaty rights.
On March 20, tribes say the Army Corps of Engineers, the agency assessing the project and its environmental impacts, informed them that it would likely soon grant Enbridge a fast-tracked permit for the tunnel under President Donald Trump’s energy emergency declaration, which effectively created a new class of permit to boost energy supplies. That announcement, the tribes say, prompted the withdrawal.
“Tribal Nations are no longer willing to expend their time and resources as Cooperating Agencies just so their participation may be used by the Corps to lend credibility to a flawed [Environmental Impact Statement] process and document,” they wrote in a March 21 letter to the Corps.
Whitney Gravelle, president of the Bay Mills Indian Community, said the tunnel would destroy “not only the Great Lakes, but also an Indigenous people’s way of life, my way of life, for all Great Lakes Anishinaabe.”
“We’ll do what we need to do now moving forward, not participating in that process,” she added.
Tribal nations in Michigan — and others across the country — have long argued that the pipeline is unsafe, and that the tunnel would further threaten their way of life by extending the possibility of an oil spill into the Straits of Mackinac, which connect lakes Michigan and Huron, and potentially contaminating the largest source of fresh water in North America.
In an email, Enbridge spokesperson Ryan Duffy said the tunnel would “make a safe pipeline safer while also ensuring the continued safe, secure, and affordable delivery of essential energy to the Great Lakes region.” But critics say that risk has yet to be properly analyzed and the Army Corps maintains that considering the risk of oil spills, or their impacts, is beyond the scope of its authority and should be conducted by the Pipeline and Hazardous Materials Safety Administration. Despite that stance, in early January an assistant secretary with the Department of Defense directed the Army Corps to carry out that assessment. That will now likely be ignored under the Trump administration’s executive order, according to attorneys with the tribes.
In an email, Army Corps spokesperson Carrie Fox said the agency is reviewing the tribes’ letter and relying on existing regulations to speed up permitting for eligible projects under Trump’s executive order, adding that new procedures will be posted publicly.
The odds are heavily weighted toward Enbridge, according to Matthew Fletcher, a citizen of the Grand Traverse Band of Ottawa and Chippewa Indians and a professor of law at the University of Michigan.
“The rule of law is basically dead. Enbridge and the feds are not acting in good faith,” he said in an email. “It must be apparent to the tribes that, in this administration, no matter what the tribes say or do, or evidence they provide, etc., Enbridge will get absolutely anything it wants from the United States.”
The tribes aren’t alone. The United Nations Permanent Forum on Indigenous Issues has repeatedly called for the suspension of pipeline operations until the free, prior, and informed consent, or FPIC, of affected Indigenous nations has been secured. FPIC, a right guaranteed under international law that says countries must consult with Indigenous peoples in good faith and obtain consent for development projects on their land, is rarely enforced and the U.S. has yet to codify the obligation.
“Any law that requires consent, or even consultation, of Indians and tribes, is a threat to this entire industry,” Fletcher said. “I guarantee this administration will ignore and/or denigrate all of these laws on behalf of their climate change-inducing and pollution-generating constituents.”
But even adhering to the Trump administration’s “America First” priorities, the tunnel project shouldn’t receive a fast-tracked permit, said David Gover, an attorney for the Native American Rights Fund which is representing Bay Mills. “You’re talking about a project, Line 5, that serves Canadian companies and Canadian interest,” he said.
While much of the pipeline’s oil and gas products pass through Michigan and on to Canadian refineries, Enbridge says the pipeline provides jobs and other benefits to the state, including more than half of Michigan’s propane. Those benefits won’t pay off in the long run, according to opponents, and experts have said the pipeline’s continued operation would generate tens of billions of dollars in climate damages. Moreover, replacing that section of pipeline wouldn’t create more capacity, Gover said, “So there’s no extension or expansion of meeting those energy needs here in America.”
The White House did not immediately respond to a request for comment.
“We are multifaceted governments, and not all tribes oppose oil. But all tribes in the state of Michigan have stood up to say that this is a bad project,” said President Gravelle. “If we wanted to protect one of our most precious resources, which is the Great Lakes themselves, we would decommission this for those future generations.”
Editor’s note: Earthjustice, one of the law firms representing the Bay Mills Indian Community, is an advertiser with Grist. Advertisers have no role in Grist’s editorial decisions.
Jill Falcon Ramaker couldn’t believe what she was hearing on the video call. All $5 million dollars of her and her colleagues’ food sovereignty grants were frozen. She watched the faces of her colleagues drop.
Ramaker is Turtle Mountain Anishinaabe and the director of Buffalo Nations Food Sovereignty at Montana State University – a program that supports Indigenous foodways in the Rocky Mountains and trains food systems professionals – and is supported by the United States Department of Agriculture, or USDA.
“The funding that we had for training and infrastructure leading to raising our own foods that are healthy and not highly processed and culturally appropriate, has stopped.” Ramaker said. “We don’t have any information on when, or if, it will resume.”
In his first two months in office, President Trump has signed over 100 executive orders, many specifically targeting grants for termination that engage with diversity, equity, and inclusion initiatives and climate-related projects associated with the Inflation Reduction Act. Climate change destroys the places and practices central to Indigenous peoples in the United States, and is exacerbated by droughts and floods that also affect foods essential to Native cultures. Food sovereignty programs play a crucial role in fighting the effects of climate change by creating access to locally grown fruits, vegetables, and animal products.
“It feels like we’re just getting started in so many ways,” Ramaker said.
The funding freeze from the USDA is sending shockwaves throughout the nation’s agriculture sector, but their effect on tribal food initiatives raises even larger questions about what the federal government’s commitments are to Indigenous nations. That commitment, known as the federal Indian trust responsibility, is a legally enforceable obligation by the federal government to protect Indigenous lands, assets, resources and rights. It is grounded in treaties made with Indigenous nations in exchange for the vast tracts of land that allowed America to expand westward.
“That general trust responsibility I think absolutely encompasses food sovereignty and tribes ability to cultivate their lands,” said Diné attorney Heather Tanana at the University of California Irvine.
As the U.S. gained territory in the 19th century, Indigenous nations were largely successful at resisting incursions by settlers. Because tribes were typically more powerful, militarily, then American forces, federal officials turned to peace treaties with tribes. Often, these treaties signed away large areas of territory but reserved certain areas for tribal use, now known as federal Indian reservations, in exchange for guarantees like medical aid, protection, and food. Some tribes specifically negotiated to preserve traditional food practices in their treaty rights. Examples include the right to hunt in the Fort Bridger Treaty for tribes in the mountain west, the right to fish in the Medicine Creek Treaty in the pacific northwest, and the right to gather plant medicines.
“It would be odd not to consider the federal responsibility of including food security along with water access and healthcare services,” Tanana said.
But the United States has failed to uphold those obligations, taking land and then ignoring legal responsibilities, including provisions for food and sustenance. Hunting, fishing and gathering rights weren’t upheld and in the mid-1800s rations designed to replace traditional foods that were delivered to reservations were “low cost and shelf-stable” while many arrived to reservations rotten. Combined with federal policies that prevented tribal citizens from leaving their reservations to hunt and gather, malnutrition was widespread. For instance, a quarter of those on the Blackfoot reservation in Montana died of starvation in the winter of 1884.
In 1974, the USDA began its Food Distribution Program on Indian Reservations. The monthly package of foods like flour, beef, and coffee, colloquially known as “commodities” or “commods,” was meant to provide Indigenous households with breads, fats, and sugars. But many of the foods provided by the USDA were, and remain, low in nutritional value, contributing to high rates of obesity-related diseases and other health issues. In 2023, around 50,000 Indigenous people per month accessed the program.
“That’s what we are trying to address with Buffalo Nations,” Jill Falcon Ramaker said. “Our communities have gone through a lot.”
Last year the Biden administration announced new initiatives aimed at strengthening tribal food sovereignty. This included funding meat processing facilities, support for Indigenous children’s nutrition in schools, and food and agriculture internships for those in higher education. The administration’s goal was to directly address the adverse effects of climate change on Indigenous peoples, as tribes are often “disadvantaged communities that are marginalized by underinvestment and overburdened by pollution.”
However, it’s unclear just how many programs the Biden administration funded or how much money went to those efforts. A request to the USDA for a list of food sovereignty grants was not answered.
“USDA is reviewing the programs for which payments have been on hold to ensure they align with the Department’s goals and priorities,” a spokesperson said in an email statement. “Secretary Rollins understands that farmers and ranchers, and other grant-funded entities that serve them, have made decisions based on these funding opportunities, and that some have been waiting on payments during this government-wide review. She is working to make determinations as quickly as possible.”
Earlier this month, the Pueblo of Iseta, Prairie Band Potawatomi Nation, and Cheyenne Arapaho Tribes along with five Indigenous students sued the Trump administration for violation of trust and treaty responsibilities after cutting funding to the Bureau of Indian Education. The cuts resulted in staff reductions at tribal colleges like Haskell Indian Nations University and Southwestern Polytechnic Institute and the lawsuit alleges that the move is a violation of federal trust obligations.
“Tribes have not historically had a good experience hearing from the government,” said Carly Griffith Hotvedt, an attorney and director of the Indigenous Food and Agriculture Initiative and member of the Cherokee Nation. “That doesn’t always work out for us.”
Hotvedt added the way the Trump administration is playing whack-a-mole with funding tribal food programs will continue to erode the little trust Indian country has in the federal government.
In Montana, Jill Ramaker said Buffalo Nations had planned to build a Food Laboratory in partnership with local tribes. The project would have developed infrastructure and research for plains Indigenous food systems. That plan is now permanently on hold for the foreseeable future.
“We are used to and good at adapting,” said Ramaker. “But it’s going to come at a tremendous cost in our communities.”
In the main square of Peine, a village of low houses and dirt streets in Chile’s northern Atacama Desert, there is barely any movement. It’s midday and the sun beats down from a cloudless sky. At this hour, the streets remain largely empty. Every now and then, a truck interrupts the silence of its steep and cracked streets. But it’s not always this quiet. Although this small town has just over 300 residents, its population can quadruple after 6 p.m. when workers from across the country return from mining lithium — the mineral that has turned this remote village into a crucial link in the global energy transition.
Peine sits on the edge of the nearly 1,200-square-mile Atacama Salt Flat, or Salar de Atacama. Sitting beneath its surface, dissolved in underground saline waters called brine, is one of the largest, most concentrated reserves of lithium in the world.
The mineral is used in everything from air-conditioning, computers, ceramics, and mood-stabilizing medication to, most recently, electric vehicle batteries and renewable energy storage. As countries and industries around the globe race to adopt more climate-friendly technology, demand for lithium has spiked. The Atacama Salt Flat is an epicenter of this growth. The region contains an estimated 8.3 million tons of lithium and now supplies 30 percent of global demand annually. Chile has a national plan to increase production even more.
But this boom has reshaped the fragile Atacama ecosystem as well as the life of the 18 Indigenous settlements — which are home to the Lickanantay, or the Atacameño people — that surround the salt flat.
Trucks, heavy machinery, and pipelines now crisscross the desert landscape, transporting lithium-laden brine extracted from underground wells to a network of evaporation ponds. Under the blazing Atacama sun, water evaporates from the mixture, leaving behind piles of salt and lithium.
After evaporation, the lithium chloride from the Salar de Atacama is loaded on to trucks and carried across the desert, kicking up dust along the route to the Chilean coast. In the town of Antofagasta, the material is delivered to a chemical plant to be refined into lithium carbonate and lithium hydroxide. It is then bagged, sent 40 miles north to the Port of Angamos in Mejillones, and shipped off to destinations such as China, Korea, Japan, and the United States.
Peine — once a town of “peaceful and healthy living,” according to Sergio Cubillos, president of the community — has become a thoroughfare for contractors’ trucks and buses in the evening. Residents, newly concerned for their safety, have installed bars on their windows and gates around their patios. “There are truck thefts, and there’s drug and alcohol use. People tend to keep to themselves more,” Cubillos said. Black flags on the facades of some homes in Peine reflect the residents’ discontent.
In several communities surrounding the Atacama Salt Flat, black flags on building facades reflect residents’ discontent with the future of lithium extraction. Muriel Alarcon / Grist
According to the president of the Peine Community, Sergio Cubillos, this locality has become a transit route for trucks and contractor buses. In several communities surrounding the Atacama Salt Flat, black flags on building facades reflect residents’ discontent with the future of lithium extraction. Muriel Alarcon / Grist
According to the president of the Peine Community, Sergio Cubillos, this locality has become a transit route for trucks and contractor buses. Muriel Alarcon / Grist
Then there is the critical problem of water. Mining in northern Chile “uses volumes of water comparable to the flows of the Loa River,” the longest waterway in the country and the main water source for the region, said Christian Herrera, an expert in hydrogeology in arid areas at the Catholic University of the North in Chile. One recent study found that the Atacama region where lithium-rich brine is pumped is sinking at a rate of up to 0.8 inches per year. It is also where groundwater levels have decreased the most.
The surrounding towns have seen their already scarce drinking supplies decline as the lithium mines boom. Toconao, a community east of the salt flat, and some towns surrounding San Pedro de Atacama have reported experiencing water shortages. Every night, households in Peine have their water cut off to refill the tanks that supply the city.
Cubillos understands that lithium is essential for a world without fossil fuels, but he wants to see more regulation. “[I hope] the time never comes when someone says: ‘You know what? You’ll have to leave because there is no more water, no more land left,’” he said.
The Lickanantay have inhabited the world’s driest nonpolar desert for millennia. They lived as hunters, herders, and farmers. In Kunza, the native language of the Atacameños, the land, or Mother Earth, is called Patta Hoiri and water, puri.
Among the most common fauna of the desert are llamas, which coexist with the Lickanantay, or Atacameño people, who have inhabited the world’s driest nonpolar desert for millennia. Muriel Alarcon / Grist
The region also happens to be rich in minerals: Volcanic and magmatic activity millions of years ago deposited them, and the Atacama’s exceptionally arid climate preserved them. As one biologist put it, the Atacama Desert is a “geological photograph.”
Mining companies first flocked to the region in the early 20th century in search of copper. Soon, mining camps and entire towns rose up around extraction sites. The industry pumped money into the rural economy: Mining helped build the chapel of the San Roque Church in Peine, the local school, and a soccer field. It has also been a critical source of formal employment for residents.
But the recent demand for lithium has far outpaced the region’s previous extraction rates, leaving local residents grappling with the environmental and societal impact of a rapidly growing industry — with little oversight from the nation’s regulators.
The country of Chile owns the mining rights to the Atacama Salt Flat. The Chilean Economic Development Agency, or Corfo, manages the agreements and leases with private companies operating and producing lithium in the region: Albemarle and SQM, which has among its shareholders the Chinese company Tianqi Lithium and the Ponce Lerou family, the latter which has ties to former Chilean dictator Augusto Pinochet. A new public-private partnership between SQM and Codelco, the state-owned copper company, will also operate in the Atacama Salt Flat from 2025 to 2060, with Codelco holding a 50 percent stake plus one share.
According to the Chilean Copper Commission, which is responsible for generating statistics and reports on mining in Chile, global lithium demand is expected to reach 3.8 million metric tons of lithium carbonate equivalent (a standardized measurement of lithium) by 2035 — up from just 310,000 metric tons in 2020. That represents a twelvefold jump.
In 2023, Chilean President Gabriel Boric introduced the National Lithium Strategy to tap into this surging market. The plan seeks to increase lithium production in the country by 70 percent by 2030 and to restore Chile as the world’s leading producer of the mineral, a position it held until 2017 when it was outpaced by Australia.
“No one denies that there has been so-called ‘development,’” said Cubillos, referring to how mining has long contributed to the local Atacama economy. “But the main complaint here is the lack of government support.”
Unlike Australia, where lithium is mined from hard rock using complex and costly chemicals, in Chile the process involves brine extraction, “aided by the exceptional arid and sunny climate,” explained Hugo Romero, an expert in geography and climatology at the University of Chile.
Mining trucks load lithium sulfate, as seen in Chile’s Atacama Salt Flat on July 29, 2024. Aguayo Araos / Anadolu via Getty Images
These conditions are what make the Atacama Salt Flat ideal for low-cost extraction, economically speaking, “because the inputs are almost entirely natural,” he said. But he cautions that the water extracted with the brine evaporates and is lost to the atmosphere, disrupting the socio-ecological and hydro-social balance of the area. Simply put, lithium mining “is drying out the desert,” said Mauricio Lorca, who researches lithium and its impact on Indigenous communities at the University of Talca.
Three decades ago, an influx of mining companies prompted local Indigenous leaders like Cubillos, to organize under the Council of Atacameño Peoples, or CPA in Spanish, representing the 18 communities surrounding the salt flat. The CPA has become the key negotiator with mining companies and employs legal advisers to defend its territory.
Some agreements, however, have sparked tensions. A decade ago, CPA signed an unprecedented cooperation, sustainability, and mutual benefit agreement, under which Albemarle committed to delivering 3.5 percent of its annual sales to the Atacameño people. While some believe the communities should economically benefit from the mining happening in the region, others “want to return to their previous, peaceful way of life,” Cubillos explained. Lorca, from the University of Talca, observes that “these transactional, albeit redistributive, relationships are transforming the interethnic relations of Indigenous communities into economic ones.”
Alexis Romero, a prominent figure and former president of the Council of Atacameño Peoples, has become a central figure in the debate. From the community of Solor, located in the northern part of the salt flat, he emphasized that the CPA has resolved “not to be partners or part of lithium production, to promote territorial unity, and to occupy every decision-making space concerning lithium” — though it has not dissuaded individuals from working in the mines.
Alexis Romero has become a prominent figure in the Council of Atacameño Peoples, an organization that defends the interests of the communities living around the Atacama Salt Flat. Council of Atacameño Peoples,
The CPA is also demanding guaranteed access to water. They are asking state entities, such as the Ministry of Science and the General Directorate of Water, which manages and regulates Chile’s water resources, for studies on the impact of the projected extraction on their land through 2060. As Romero put it, “Our ancestral ways of life are now at serious risk of disappearing precisely because of the lack of water.”
In 2017, the CPA convened environmental representatives from all 18 communities to form a volunteer group focused on studying water availability in the desert. By 2019, this group had formalized, trained field technicians, recruited Atacameños and non-Atacameño water experts, and transformed into the CPA’s environmental unit. “The dream [was] that the communities could have their own data to debate with companies and the state,” explained Francisco Mondaca, an environmental engineer from Toconao who leads the initiative.
For Mondaca, who as a child helped his grandmother plant crops in the Atacama, a fair and sustainable transition to clean energy must be responsible and respect the fragility of this environment. “Otherwise, the much heralded energy transition will mean the extermination of an ancient nature and culture,” he said.
“Not all of us are against mining, but we do want to know the state of health of our basin,” said Edwin Erazo, a pharmacist from the community of Cúcuter, who is part of the CPA’s environmental unit. “We don’t want to be a sacrifice zone.”
The CPA does not act alone in defending the salt flat and its waters; Atacameños activists have teamed up with researchers and scientists to advocate for the region’s cultural, environmental, and biological significance.
Back in the early 2000s, Sonia Ramos, a Lickanantay healer from Chuquicamata, watched as her community lost access to its water due to the construction of a reservoir that charged farmers unaffordable prices. Confronted with this crisis, she felt compelled to act.
“From that point on, I realized that without this kind of stance and critical thinking, the next generation could be forced to migrate,” said Ramos from her home in San Pedro de Atacama, outside of the salt flat. Over time, her resistance made her a national figure in water defense.
In 2009, she walked 978 miles — almost the equivalent of walking from New York to Miami — to Chile’s capital city, Santiago, demanding the permanent cancellation of permits for a geothermal plant operating at the El Tatio geysers. The site is the largest geyser field in the Southern Hemisphere, known for its steam columns and fumaroles, and holds Indigenous significance as a ceremonial site.
“I thought it would set an example for my people, but I was wrong,” she said. She hoped her actions and the movement she led would change her community’s priorities around natural resources. But soon after her march, the CPA signed its cost-sharing agreement with mining companies. “Our people have had no other opportunities. The state has never viewed our land through any lens other than extraction,” she explained. “Here, it’s the transnationals who govern.”
Sonia Ramos, a Lickanantay healer born in Chuquicamata, has risen as a defender of water in the Atacama Desert. Council of Atacameño Peoples,
She founded Ayllus sin Fronteras, an organization “uniting people in harmony between ancestral and non-ancestral ways” to preserve Atacameño cultural heritage and promote the idea that the Atacama Salt Flat is more than just a resource reserve — it is the grandfather heart (abuelo corazón) of Lickanantay culture. “It irrigates the entire greater Atacama with its underground rivers,” Ramos said. Her organization has put together various resistance strategies against natural resource extraction, ranging from summer schools and research projects with local and international universities that integrate science and ancestral knowledge to signature-collecting campaigns and public demonstrations.
Often invited to speak at forums, Ramos, whose father worked for the mining industry, has been connecting with researchers to study alternatives to natural resource extraction. “The desert holds great answers for humanity,” she said. “The groundwater holds the memory of all planetary processes.”
Her leadership has drawn researchers like Manuel Tironi, a sociologist at the Institute for Sustainable Development at the Catholic University of Chile, who has collaborated with Ramos on studies about how extractive industries disrupt the water balance and biodiversity, as well as the cultural and spiritual integrity of the Lickanantay world.
Ramos has also collaborated with Chilean biologist Cristina Dorador, an associate professor at the University of Antofagasta and principal researcher at the Center for Biotechnology and Bioengineering. Dorador’s research studies the biodiversity of Chile’s salt flats and their microbial richness. Her team’s recent findings warn that increased lithium extraction has led to declining flamingo populations, particularly among endemic species.
In 2020, during her participation in Chile’s Constitutional Convention, which aimed to draft a new constitution for the country, Dorador tried amending the draft constitution article that classifies salt flats as “mines” under Chilean law. “Salt flats aren’t mines; they’re ecosystems,” she said. While her edited text made it into the draft, the proposed new constitution was ultimately rejected by an overwhelming majority of the Chilean population.
Despite the setback, Dorador has continued to advocate for the region’s vital ecological role. “I knew it was urgent to study the salt flats, at least to preserve a record of what they once were,” she said. She eventually left her lab and switched full-time to fighting to preserve Chile’s salt flats.
Trucks drive alongside lithium mining pits in the Atacama Salt Flat, Chile, on July 29, 2024. Lucas Aguayo Araos / Anadolu via Getty Images
Mining continues to ramp up under Chile’s National Lithium Strategy, with companies exploring previously untouched parts of the Atacama and other salt flats in the country.
The SQM and Codelco partnership is promoting the “Salar Futuro” project, which commits to “building a governance model to foster a sustained relationship with the communities around the salt flat” and to implementing new extraction methods that achieve “a more efficient and sustainable production, that is, producing more lithium with less brine and no use of continental water.” In a statement for Grist, SQM and Codelco assured that among other things, this partnership “protects the local ecosystems of the salt flat and the surrounding communities.”
But even as the government has made funds available for studying these ecosystems, concerns remain about how mining expansion will impact the region. Dorador and her colleagues secured one of these grants and, over the next three years, will study the potential of salt flat microorganisms for everything from storing greenhouse gas emissions to benefiting human health, including as a source of antibiotics, anticancer compounds, and bacteria that break down plastics. “There’s almost no information about these basins; this is a chance to generate knowledge to appreciate ecosystems without exploiting them, as spaces for study,” she said.
In the past, Atacameños practiced the ritual of walking to the salt flat to gather flamingo eggs. The tradition, carried out collectively, provided food for families and facilitated trade with neighboring agricultural communities. To preserve the species, local customs dictated that some eggs should always be left in the nests. Flamingo feathers played a role in traditional ceremonies, including Talatur, a ritual still practiced today, “so that we don’t lose the water,” according to Cubillos. During the ceremony, participants clear irrigation channels and chant to the water in Kunza.
Today, this ecosystem has disappeared, the landscape is desiccated, and the flamingos no longer arrive.
The severe water shortage led Peine to file a lawsuit against Minera Escondida, a leading copper extraction company, in 2022. Later, the Consejo de Defensa del Estado, or State Defense Council — tasked in Chile with representing and safeguarding the public interest in environmental litigation — joined the case, adding Albemarle and the mining company Zaldívar. The companies were accused of continuously extracting water resources from the Monturaqui-Negrillar-Tilopozo Aquifer, a key source of groundwater in the Atacama Desert, vital for recharging ecosystems like Las Vegas de Tilopozo, a sacred space for the Atacameño people. A scientific study in which Mondaca’s environmental unit participated was presented as evidence in the lawsuit.
In December, the First Environmental Court of Antofagasta approved a settlement agreement between Peine, the State Defense Council, and the mining companies over responsibility for the environmental damage to the aquifer and Las Vegas de Tilopozo, which had profoundly affected the way of life and customs of the Indigenous community. Under the agreement, the mining companies must take measures to restore the aquifer and Las Vegas de Tilopozo, as well as compensate the residents of Peine for social, economic, and environmental damages.
“It’s not right for the world to benefit from these resources while we’re the ones paying the price,” Cubillos said. He added: “We want Peine to exist for future generations.”
Solomon Kahoʻohalahala steadied himself on the double-hulled voyaging canoe called Hōkūleʻa as a 15-foot swell rose and the vessel took off under the midday sun. He had been paddling since dawn along the south shore of Molokaʻi, and his arms were tired. As the canoe reached the notoriously gusty channel between Molokaʻi and Oʻahu, the crew unfurled her sails. Suddenly Hōkūleʻa was racing, surfing waves that rose so high they blocked the view of Diamond Head Crater, a high volcanic cone on Oʻahu.
It was the summer of 1975, and Kahoʻohalahala was a 24-year-old Native Hawaiian man from the island of Lanaʻi who had grown up speaking English, learning about American history, and knowing little about his Indigenous language, culture, or political history. He was just learning about how Pacific peoples had navigated the ocean, guided by constellations, to find their islands. Hōkūleʻa was the first double-hulled voyaging canoe he had seen, a vessel built by Hawaiians eager to reconnect with knowledge that had been taken from them.
“This is how we got here,” Kahoʻohalahala thought as he gripped the rails of Hōkūleʻa that day and looked up at the sails. “I am part of these islands because I came on a canoe.”
As he inhaled the salty air and felt the immensity of the ocean stretching out around him, Kahoʻohalahala realized what it meant not just to be Hawaiian, but to be Indigenous to the Pacific, peoples whose lives and genealogies owe everything to the sea.
“That was a defining moment for me,” said Kahoʻohalahala, now 73.
Solomon Kahoʻohalahala holds a rope on Hōkūleʻa during a sail from Tahiti to Marquesas in 1987. The sail was called Hōkūleʻa’s “Voyage of Re-discovery.”Courtesy of Solomon Kahoʻohalahala
Solomon Kaho’ohalahala speaks during a launch event for the Greenpeace report “30×30: From Global Ocean Treaty to Protection at Sea,” aboard the Greenpeace ship Arctic Sunrise in Long Beach, California, in 2023. Patrick T. Fallon / AFP via Getty Images
Today, the ocean that Kahoʻohalahala and so many other Indigenous peoples crossed, cared for, and survived on is on track to be mined for polymetallic nodules — potato-sized nodes that contain critical minerals necessary to power cell phones, electric vehicles, renewable energy, and weapons. The nodules are full of cobalt, nickel, copper, and other minerals, and were formed millimeter by millimeter over millions of years. Some are tens of millions of years old. The process to collect those nodules, called deep-sea mining, has been described as “a $20 trillion opportunity.” More than 500,000 square miles of ocean globally have been approved for mining — an area nearly twice the size of Texas — although only a fraction of that area actually has mineral deposits.
Mining for polymetallic nodules will require lowering massive tractors the size of houses more than 2 miles down to the seafloor where the vast majority of species are unknown and have yet to be named by humans. There, the machines will scrape the seabed, dredging up both sediment and nodules, carrying the latter up to the surface while releasing plumes of silt into the sea. Animals that aren’t crushed when the machines suck them up will likely be killed by the changing temperatures and atmospheric pressure that their bodies aren’t designed to exist in. Lifting the nodules to the surface could create sediment plumes that plunge downward, blanketing and smothering corals, sponges, and other animals that can’t escape. Depending on the depth where the plumes are released, their metallic contents might get absorbed by tuna fish and other sea creatures, contaminating essential food sources.
“There’s going to be damage at a very large scale,” said Jeffrey Drazen, an oceanographer at the University of Hawaiʻi who has received funding from a deep-sea mining company to research the environmental impacts of the practice. “It’s a matter of how much.”
Types of deep-sea mining Amelia K. Bates / Grist
The United Nations body in charge of overseeing mineral extraction from the international seafloor, known as the International Seabed Authority, or ISA, is in the midst of a yearslong process of finalizing regulations to allow countries and companies to excavate the deep sea. If passed, the rules could allow groups to tear the crusts off undersea mountains, rip nodules from the seafloor, and cut into chimney-like hydrothermal vents in the deepest, darkest parts of the ocean. Beyond the environmental harms, there are concerns that the process will violate the rights of Indigenous peoples who hold complex views and beliefs about the ocean and depend on it for their cultural, spiritual, and physical well-being and survival.
The current international rules that govern the high seas and allow countries to claim sections of them for mining date back to the 1982 United Nations Convention on the Law of the Sea, a treaty that manages what happens in areas of oceans deemed outside national jurisdictions.
“The law of the sea basically colonized [Pacific peoples’] ocean,” said Frank Murphy, a resident of French Polynesia who along with his wife, Teurumereariki Hinano Murphy, has advocated with Kahoʻohalahala against seabed mining. “The law of the sea allowed the global community to say we have rights over this ocean including these high seas.”
Teurumereariki Hinano Murphy said visiting the headquarters of the International Seabed Authority in Jamaica made her realize how little control Pacific peoples have over what happens in their ocean.
“I realized that the future of our ocean is decided there,” she said, “far away from our people and our community, and without us being aware of what these nations are deciding for their benefit.”
Polymetallic sea nodules collected from a deep-sea mining expedition in the Indian Ocean. Pallava Bagla / Corbis via Getty Images
Fifty years after his life-changing canoe voyage, Kahoʻohalahala is leading a group of Indigenous advocates, including the Murphys, to save the ocean from deep-sea mining. They are pushing the ISA to ensure that the regulations it finalizes explicitly state that any mining venture must obtain the free, prior, and informed consent of Indigenous peoples ahead of commencing any commercial operations. It’s among several proposals that he and other advocates are fighting for, including ensuring that Indigenous peoples — whose territories are made up of far more water than land — are permitted full participation in discussions and decisions about deep-sea mining.
And the clock is ticking. The ISA has been working on seabed mining regulations since 2014, and in 2021, the country of Nauru formally requested that the ISA adopt regulations to govern seabed mining by triggering a treaty provision, which sets a two-year deadline for the authority to do so. If it doesn’t, Nauru’s plan to mine in the Clarion Kipperton Zone, nodule-rich international waters south of Hawaiʻi, will be “provisionally approved.” The regulations haven’t been finalized, and Nauru hasn’t moved ahead yet with mining, but an application could be submitted as soon as this year. Norway’s Parliament last year voted to open an area of its seabed for mining licenses before ditching the plan after heavy criticism, but countries are still snapping up exploratory licenses from the ISA to mine in international waters — with China in the lead. Meanwhile, the vacuum of knowledge about the seafloor has prompted hundreds of scientists and dozens of countries to call for a moratorium on deep-sea mining until its potential environmental effects are better understood, including how the practice will impact fisheries that overlap with the underwater sites.
In the Pacific, Nauru isn’t the only country eyeing the new industry. Although many, such as Fiji and Palau, have called for a moratorium on mining, in Tonga and the Cook Islands Indigenous peoples are wrestling with the pressure to develop their economies and how doing so could irrevocably change their island homes that are already stressed by the effects of climate change.
“We’re experiencing this because we have already created an imbalance in our ecosystems, in our Earth, and now we are feeling the consequences of that,” Kahoʻohalahala said. “Do we continue to just move in that vein of continuous colonization, continuous extraction?”
Solomon Kahoʻohalahala speaks at the International Seabed Authority in Jamaica. He was invited to attend by Greenpeace and received the advocacy organization’s observer status. Courtesy of Solomon Kahoʻohalahala
The Kumulipo is the Hawaiian chant that describes the creation of the world: “At the time that turned the heat of the Earth, at the time when the heavens turned and changed, at the time when the light of the sun was subdued to cause light to break forth.”
The song describes the ocean as the source of all living things, starting with sea creatures in the darkness and ending with an extensive Hawaiian genealogy connecting the people to the sea.
“We’re ocean people,” Kahoʻohalahala said. “We are related to the ocean because we are the seafarers and we came by way of canoe to inhabit the largest ocean on earth.”
Other Pacific peoples have similar creation stories, and the sacredness of the ocean isn’t limited to the birth of life, it also has a major role in death: “That’s where the soul of our ancestors, when they leave this world, they go into the deep,” said Teurumereariki Hinano Murphy from French Polynesia, an advocate alongside Kahoʻohalahala at the International Seabed Authority. Cecilio Raiukiulipiy, a traditional navigator from the Federated States of Micronesia, said until the 1970s, when Western influence changed burial practices, all of his relatives were laid to rest at sea. “Deep-sea mining, that’s like you’re digging up the grave of my ancestors,” he said.
Yet despite this cultural tie to the ocean, some Pacific countries like Nauru and the Cook Islands are at the forefront of exploring the potential of deep-sea mining.
“The greatest risk we face is not the potential environmental impacts of mineral recovery but the risk of inaction,” Nauru’s president David Adeang said at the U.N. General Assembly last fall. “There is a risk of failing to seize the opportunity to transform to renewable energy and decarbonize our planet.”
In the Cook Islands, Prime Minister Mark Brown, who is Māori, has described the pursuit of seabed mining within the islands’ surrounding waters as part of the country’s “journey of sovereign independence” and compared it to how Cook Islanders first navigated across the ocean using their knowledge of constellations and waves to find and settle islands like Rarotonga.
“We discovered the islands hundreds of years ago that today we call home. We had a capability that nobody else had,” he told a television reporter last year. “Today we choose now to take a journey that’s not across our ocean, but down into the deep ocean.”
Brown just signed a new agreement with China in February regarding seabed minerals, with details yet to be released. But he has promised that mining won’t proceed if it’s environmentally harmful. “If the extraction method is going to damage the ocean, then we’re not going to go ahead with it,” he said.
Drazen, the oceanographer from the University of Hawaiʻi, said some degree of environmental harm is guaranteed — the question is just how much. At the bottom of the sea, the ground has barely been disrupted for millions of years, and populations of sea creatures could take decades to recover. Heavy equipment is expected to hit and kill sea creatures upon impact. Among other ecological impacts of deep-sea mining, Drazen has studied how the plumes of sediment that mining is expected to generate could affect sea life closer to the surface, and suggested that mining companies consider releasing the plumes at lower depths to minimize impacts on fisheries.
And while Brown refers to seabed mining as “harvesting,” a commonly used descriptor by proponents of the practice, Drazen doesn’t think that term is accurate. Harvesting implies that nodules are a renewable resource, which they aren’t, he said.
Kahoʻohalahala thinks the reality is no Pacific nation is truly independent of one another: Any decision the Cook Islands makes, that Tonga makes, will affect the same ocean that also belongs to Hawaiʻi, to Guam, to Fiji, to Papua New Guinea, and beyond.
“Drawing circles around our islands to identify where our authority is doesn’t fit with the way we manage our places. There are no such divisions in the ocean that separate our responsibility,” Kahoʻohalahala said. “The ocean knows no barriers. Our resources move across the entirety of the ocean.”
Solomon Kahoʻohalaha talks to reporters about his concerns over deep-sea mining at a press conference in Honolulu in December 2023.Anita Hofschneider / Grist
Dozens gather to protest deep-sea mining in Hawaiʻi in December 2023.Anita Hofschneider / Grist
In order for their sovereignty to be recognized internationally, Indigenous Pacific peoples had to adopt the nation-state structure created by imperial powers, conform to geographic boundaries carved by their colonizers, and enter a global economic order that prizes extractive industries. Pacific peoples were effectively told, “‘You have to look like us in order for us to recognize you,’” said Tarcisius Kabutaulaka, a political scientist at the University of Hawaiʻi from the Solomon Islands.
Establishing a nation-state might seem like liberation, but in other ways it was a reentry into a Western political and economic order defined by colonial powers. “States function in particular ways,” Kabutaulaka said. “They do not always function on behalf of Indigenous peoples.”
Many Pacific island nations achieved their current political statuses in the wave of decolonization that marked the early years of the United Nations. Back then, Western powers were shifting their imperial strategies away from expansive empires and toward specific strategic strongholds. In the decades since, island governments have sought to compete in the global economy as they watch their residents out-migrate for jobs, schools, and medical care they can’t get back home. But that’s often involved embracing foreign investors and industries that have left a litany of environmental and social problems in their wake.
“Independence is not decolonization,” Kabutaulaka said. “Inherently, the act of independence is an act of recolonizing.”
Nauru is an example: Under German rule, phosphate was discovered and mined on the island at the beginning of the 20th century. By the end of WWI, more than 600,000 tons of the mineral were taken and sold to make commercial fertilizer in other countries, with the Indigenous people of Nauru receiving far less than 1 percent of its value. The mining continued for another 50 years after ownership of the island was passed to Britain, New Zealand, and then Australia. After independence in 1968, the country continued phosphate mining. Now, 80 percent of its territory has been stripped, its dusty, rocky inland area is now uninhabitable and unable to be farmed.
Workers mine phosphate on Nauru in the late 1960s.
Bettmann / Getty Images
The country has since shifted to selling fishing rights and detaining refugees and asylum-seekers for Australia. One analysis for The Metals Company suggested mining could bring in $7.2 billion in royalties for both Nauru and the International Seabed Authority, with more than $30 billion in net revenue.
In the Cook Islands, deep-sea revenue could be “transformational,” Prime Minister Mark Brown told reporters last year. A 2019 study suggested that deep-sea mining could be a multibillion dollar industry within the Cook Islands alone, which is estimated to have the worldʻs largest collection of manganese nodules within its surrounding waters. The country is home to fewer than 17,000 people who earn a median annual income of just over $10,000 U.S. dollars.
That kind of revenue would be alluring to most, but not to Teina Rongo, the first Cook Islander to get a doctorate in marine biology. “When I went abroad to study, seeing what’s happening in other parts of the Pacific, I started realizing the value of this way of life and what it brings to us,” he said.
Teina Rongo is the first Cook Islander to receive a PhD in marine biology. He worries about his countryʻs push toward westernization and thinks the environment and community would be better served by maintaining traditional practices of fishing and farming. Courtesy of Teina Rongo
Rongo grew up Rongo grew up fishing, farming, and speaking his Māori language. But when he visited New Zealand, also known by the Māori name Aotearoa, and Hawaiʻi, he saw how easily Indigenous peoples can be marginalized in their own lands. It’s something he’s already seeing in his home in Rarotonga in the Cook Islands: More westernization has meant more reliance on unhealthy imported foods and more people getting sick and moving away to access medical care like dialysis. More development has meant the paving over of wetlands that once held taro fields, and more industrial fishing has led to fewer and fewer fish for local fishers.
Rongo sees his people’s choice as a binary one: There is no deep-sea mining that doesnʻt disturb the seafloor, or harm its inhabitants. And while many see the Cook Islands’ quest for more revenue as a given, Rongo isn’t one of them.
“We don’t need to go in the same colonial pathway,” he said. “My concern is that if mining becomes a revenue generator for us, it’s just going to push us quicker in that direction. … And then we are going to lose who we are.”
Last summer, he flew to Honolulu with the Cook Islands delegation to a Pacific cultural festival. He and his fellow delegates later learned their journey was partially sponsored by the deep-sea mining industry. Over lunch in a mall in Waikiki, with luxury shops and a Tesla showroom, Rongo looked up at the towering buildings and said it felt like a warning of what Rarotonga could become if his people continued on a path to become a “developed” nation.
Imogen Ingram, another Cook Islands resident who helped Kahoʻohalahala petition the ISA to safeguard Indigenous heritage, is skeptical that mining will be as lucrative for her islands as many hope. Mining that far down in the ocean requires millions in upfront costs to pay for engineers and equipment. Companies like Tesla are creating electric vehicle batteries with little to no cobalt. The prices of metals have been volatile, with copper rising but manganese falling recently.
Imogen Ingram from the Cook Islands said she’s fighting to defend the ocean from deep-sea mining. “It’s cared for us for generations, we should show the same respect,” she said. Courtesy of Imogen Ingram
Rashid Sumaila, a professor of ocean economics at the University of British Columbia, said deep-sea mining might lead to short-term profits for mining companies and some financial benefits for countries like the Cook Islands, but the long-term costs are significant in part because of the risks of environmental harm that could lead to expensive litigation. In 2019, a failed deep-sea mining venture in Papua New Guinea’s waters saddled the country’s government with a $120 million debt when the mining company it had invested in, Nautilus Minerals, went bankrupt. One of Nautilus’ former leading investors is now the CEO of The Metals Company.
Under international law, Indigenous peoples have the right to free, prior, and informed consent for all projects within their territories. Their approval needs to be given freely before practices begin, and the people need to be fully aware of an activity’s implications.
But even if her Indigenous-led government consents to deep-sea mining, Ingram worries about whether the information her people are receiving about the industry is accurate and whether the leaders’ perspectives truly reflect the views of the people. For years, mining companies have been supporting community events and lobbying the country’s leaders. Ingram hears a lot about what benefits the mining will bring, but she doesn’t think there’s enough discussion in her community about its risks.
“Free, prior, and informed — it’s the ‘informed’ part that we’re not getting,” she said.
The Metals Company workers disembark from a research vessel recently returned from the Clarion Clipperton Zone of the Pacific Ocean. During the 2021 voyage, soil, water, and wildlife samples were obtained from deep in the ocean as part of the research to see the effects mining will have on the environment. Carolyn Cole / Los Angeles Times via Getty Images
On a recent day in February, Rongo held up a handful of soft, springy seaweed to 30 schoolchildren surrounding him on a beach in the Cook Islands. “Boodlea,” Rongo said, stating the seaweed’s scientific name and explaining it can be used for fertilizer. It’s part of his work leading a nonprofit helping connect Indigenous youth to traditional ecological knowledge before it’s lost.
“If our kids have no connection and relationship with their environment, they won’t value it,” Rongo said. “They’ll give it to anyone who comes here and wants to develop a mine or fish; they won’t care, they’ll just give it.”
He understands that some of his elders feel like they worked so hard to escape the hardships of traditional living and don’t want to go back, but he sees it as a climate solution: a way to lessen the insatiable consumerism and growth driving the climate crisis.
“If we live this life, we are actually adapting to climate change,” he said. “We live our simple life, we are doing our bit at the local level.”
Kahoʻohalahala feels the same. Since that first sail on Hōkūleʻa, he has traveled across Polynesia and to Micronesia and realized that the ocean unites far more than it divides Pacific peoples.
“In Oceania it took us a long time to understand that even though we’re colonized by different nations, we’re actually the same people and we have always been the same people,” he said. “All of us collectively as the people of Oceania, we have a connection to this ocean, which has inherent responsibility for its care.”
Rachel Reeves contributed reporting for this story.
Mining — whether for fossil fuels or, increasingly, the critical minerals in high demand today — has a long history of perpetuating violence against Indigenous people. Forcibly removing tribal communities to get to natural resources tied to their homelands has been the rule, not the exception, for centuries.
Today, more than half of the mineral deposits needed for a global energy transition — including lithium, cobalt, copper, and nickel to make things like batteries and solar panels — are found near or beneath Indigenous lands.
In 2007, the United Nations adopted a resolution called the Declaration on the Rights of Indigenous Peoples that included the right to free, prior, and informed consent to the use of their lands, a concept known as FPIC. This principle protects Indigenous peoples from being forcibly relocated, provides suitable avenues for redress of past injustices, and gives tribes and communities the right to consent to — and the right to refuse — extractive industry projects like mining.
There’s a lot at stake: When followed, FPIC promises a process that gives Indigenous peoples a voice in how their homelands are used, as well as the right to say no to development altogether. And when it’s not, which is the vast majority of the time, tribal communities are further disenfranchised, facing violence and forced relocation as their sovereignty and rights are ignored.
There are an estimated 5,000 tribal communities around the world, encompassing roughly 476 million people across 90 countries, according to the U.N. Different tribes have different opinions on mining, but rarely is their legal right to refuse extraction projects recognized, even under the 2007 declaration.
Grist talked with five experts to better understand what free, prior, and informed consent should look like in this new era of mineral extraction. Their responses have been edited for length and clarity.
Kate Finn, Osage, founder and executive director of the Tallgrass Institute
Originally an attorney, Finn now works with tribal communities and those in the mining industry to better implement FPIC. The Tallgrass Institute provides training and resources about the importance of tribal sovereignty.
Through one of our close partnerships, the SIRGE Coalition, we published an FPIC guide for Indigenous leaders. The goal of this resource is to provide information for Indigenous leaders who want to start putting together their own protocols for FPIC. I get to see a lot of innovation in this way from my desk and in my role as leading a global nongovernmental organization. But I know Indigenous leaders are always looking for what others are doing and what is working and what isn’t, so our best hope is that this guide helps provide information to build knowledge.
With investors, we provide resources and tools that not only help them to understand the breadth and depth of Indigenous peoples’ expertise and knowledge, but also to implement rights-based engagements. This is exactly what we want with our Free, Prior and Informed Consent Due Diligence questionnaire. This tool helps investors parse all the ways and steps that lead to a better engagement with Indigenous peoples.
What is FPIC?
Free, prior, and informed consent, or FPIC, reflects Indigenous peoples’ right to give or withhold consent on anything that affects their lands or resources. FPIC is embedded in the U.N.’s Declaration on the Rights of Indigenous Peoples, requiring the 147 countries that signed it to make laws that give it legal standing.
However, implementation is often left to corporations and government agencies, and there are major power imbalances and policies that can derail negotiations between tribes, governments, and investors.
How can I advocate for FPIC?
1) Indigenous peoples are protected groups with rights that protect land and its original inhabitants through documents like treaties. Familiarize yourself with those that affect your area, and advocate for tribal consent and self-determination.
2) Learn as much as you can about FPIC and talk directly to community leaders about developing a plan to have in place if a mining project is proposed on or near your land.
3) State and federal agencies have differing policies based on tribal consultation, so the burden of communication lies largely with tribes. Because tribes can create their own policies around FPIC, talk to community leaders about what that process looks like.
4) Learn the names of international, large-scale mining companies that might be operating in your area, such as Solaris Resources, Rio Tinto, Vale S.A., and Glencore.
5) When possible, build relationships with other communities protected by FPIC that have fought against mines around the world, so that you can learn from them and share strategies.
There is a lot of opportunity in this area. Shareholder engagement provides a pathway for Indigenous peoples to join collaboratively with allied investors to shift corporate behavior in a way that is aligned with Indigenous peoples’ priorities and self-determined goals. This can be a critical and necessary strategy when countries’ substandard policies allow corporations to operate with impacts to Indigenous peoples, whether operating in their own jurisdictions or internationally.
One powerful memory is a shareholder training we did with Indigenous youth at the U.N. Permanent Forum of Indigenous Peoples in 2024. We asked a room full of young people — all new to the idea of speaking to a shareholder or to the heads of a corporation — to craft a three-minute presentation that conveyed the priorities and concerns of their communities. The enthusiasm, readiness, eloquence, and precision that these young leaders brought to the exercise was breathtaking. It gave me delight and inspiration to witness future leadership in this field, and it opened my eyes to the potential for a generational approach to shareholder advocacy.
Richard Luarkie, Laguna of Pueblo, director of the Native American Mining and Energy Sovereignty Initiative
Luarkie works to give tribes interested in pursuing mining opportunities the power to leverage their resources while asserting themselves as sovereign nations.
In 1952, our tribe entered into mining uranium. I read back on some of those council minutes, and it was very interesting because the discussion was about: “How do we do this? How do we provide for our people in the best way that we can?” We went from a few hundred thousand dollars in our bank account in the early ’50s to having millions at the end of the ’50s. Leapfrog to the late ’80s, and when I started college my bachelor’s was paid for with a scholarship — mining paid for my education.
I see all this need for critical minerals. The U.S. Department of Interior manages 55 million acres of surface land for tribes, and 57 million acres of subsurface minerals for tribes. Yet we are the poorest people in the country.
We need to go from sovereignty to significance. That’s how nations behave. We need to be significant. I believe that energy — because of the vast amount that is on or near our tribal lands across the country — is going to catapult us to significance.
I think our role is going to be bringing those tribes that have an interest, or curiosity, to engage in discussions. It’s not going to be all 574 tribes in the U.S., but I bet you if we could get 10 that’s going to be pretty big. They are going to be multibillion-dollar tribes. Those are going to be your sovereigns.
Aaron Mintzes, senior policy counsel at Earthworks
Mintzes looks at federal hard rock mining policy to advocate for better protections for the environment and tribes.
There are sales pitches from mining companies saying, “We’ll give you a job, and we’ll buy you a school, and we’ll build some roads and provide some infrastructure.” I’m not denying those things happen. But there is a difference between earning consent from a community — because you’ve shaped the mine operation in the way that meets their needs and shares revenue and benefits — versus just saying, “I’m giving you a benefit, take it or leave it.”
Mining companies may put up money upfront for some kind of security or financial assurance for when they need to clean up after a mine closes. The Interior Department keeps those bonds, and they are supposed to be sufficient, but they rarely are in our experience. We can point to examples of so-called modern mines that have been permitted under current rules, with current bonding levels. The mine goes belly-up and is unable to pay to clean things up.
The bonds that are insufficient, I think of them as glorified dirt-moving bonding money to pay for the recontouring of a slope or planting some grass. The bonds you really need to care about are the “shit just hit the fan” bond: A climate change event we weren’t expecting. There is a flood or hurricane. Fires. A dam bursts. We need sufficient bonds for that. There are ways to do it, we just need governments to hold companies accountable.
Recently, the U.S. launched our nation’s first-ever fund for cleaning up abandoned hard rock mines — but there’s only $5 million that’s been appropriated for that every year since 2022. That’s not nearly enough. The total liabilities are about $50 billion.
Fermina Stevens, Western Shoshone, executive director of the Western Shoshone Defense Project
Stevens and the Western Shoshone Defense Project have fought against deceptive mining development for decades in Nevada by promoting tribal jurisdiction over lands granted by an 1863 treaty.
The Western Shoshone Defense Project has been up and going since the early ’90s, so we’re a little over 30 years in of trying to protect our treaty territory. We’ve been dealing with gold extraction, and just trying to bring light to the harm that it causes the land and water.
Recently, we’ve been working to understand lithium and the green energy transition. We do a lot of international work regarding our unceded treaty. The United Nations’ Committee on the Elimination of Racial Discrimination did a 10-year review of our case and determined that our [the Western Shoshone’s] human rights were violated in the so-called taking of our land through gradual encroachment. Those violations are where we make our stance, but the United States has basically ignored all that.
Doing this work, we’ve come to the conclusion there are no laws that really protect the things that are important: land, air, water, sun. The laws are written to give corporations the go-ahead to do whatever they choose. Free, prior, and informed consent is something that we’ve been screaming. In my view, [the United States] thumbs its nose at international law.
Dov Korff-Korn, legal director at Sacred Defense Fund
The Sacred Defense Fund’s mission is to promote Indigenous sovereignty and fight for environmental justice for tribes.
It’s important to start with the U.N.’s Declaration on the Rights of Indigenous Peoples and FPIC, because it shows that tribal nations in the U.S. are separate nations. Non-Native people have been colonized to think that that is untrue. We’re supposed to think of tribes like people practicing their culture, but not like they have legal or jurisdictional authority. We know they do. The [U.S.] Constitution says so. It’s been upheld numerous times, over 200 years of Supreme Court precedent that tribes have legal authority and jurisdiction over their lands.
But the question then becomes: What are tribal lands? Dispossession and colonization reduced tribal lands from vast areas of territory. About 90 percent of extraction is happening within 30 miles of reservations, and what these corporations do is they know exactly where tribal jurisdiction ends. So tribes have to look to other laws that don’t really regard tribal sovereignty on lands held or owned by a tribe, but pertain to cultural resources or artifacts, where then there’s a whole other realm of questions that come up.
Like in northern Nevada, where lithium and other heavy metals are needed for the renewable energy transition, the mines are being built adjacent to tribal lands. So even if they are going to impact the air and water, it’s very hard for tribes to step up when tribes are underresourced.
A jury in North Dakota ordered Greenpeace to pay more than $660 million in damages to Energy Transfer, the company behind the Dakota Access Pipeline. Energy Transfer sued Greenpeace in 2019, alleging that it had orchestrated a vast conspiracy against the company by organizing historic protests on the Standing Rock Sioux reservation in 2016 and 2017.
In its lawsuit, Energy Transfer Partners accused three Greenpeace entities — two in the U.S. and one based in Amsterdam — of violating North Dakota trespassing and defamation laws, and of coordinating protests aimed to stop the 1,172-mile pipeline from transporting oil from North Dakota’s Bakken oil fields to a terminal in Illinois. Greenpeace maintained it played only a minor supporting role in the Indigenous-led movement.
“This was obviously a test case meant to scare others from exercising their First Amendment rights to free speech and peaceful protest,” said Deepa Padmanabha, a senior legal adviser for Greenpeace USA. “They’re trying to buy silence; that silence is not for sale.”
Legal and Indigenous experts said the lawsuit was a“textbook” example of a “strategic lawsuit against public participation,” known colloquially as a SLAPP suit, a tactic used by corporations and wealthy individuals to drown their critics in legal fees. They also criticized Energy Transfer for using the lawsuit to undermine tribes’ treaty rights by exaggerating the role of out-of-state agitators.
The three Greenpeace entities named in the lawsuit — Greenpeace Inc., a U.S.-based advocacy arm; Greenpeace Funds, which raises money and is also based in the U.S.; and Greenpeace International, based in the Netherlands — are now planning their next moves, including an appeal to the North Dakota Supreme Court and a separate countersuit in the European Union.
As part of a previous appeal to move the trial more impartial court, Greenpeace submitted a 33-page document to the state Supreme Court explaining that the jurors in Morton County, North Dakota — where the trial occurred — would likely be biased against the defendants, since they were drawn from the same area where the anti-pipeline protests had taken place and disrupted daily life.
The request included results from a 2022 survey of 150 potential jurors in Morton County conducted by the National Jury Project, a litigation consulting company, which found 97 percent of residents said they could not be a fair or impartial juror in the lawsuit. Greenpeace also pointed out that nine of the 20 final jurors had either “direct personal experience” with the protests, or a friend or family member with direct personal experience.
Deepa Padmanabha, a Greenpeace staff attorney, outside the Morton County Memorial Courthouse in North Dakota.
Stephanie Keith / Greenpeace
Pat Parenteau, an emeritus professor at the Vermont Law and Graduate School, said the chances that the North Dakota Supreme Court will overturn the lower court’s verdict are “probably less than 50 percent.” What may be more likely, he said, is that the Supreme Court will reduce the “outrageous” amount of money charged by the Morton County jury, which includes various penalties that doubled the $300 million in damages that Energy Transfer had originally claimed.
“The court does have a lot of discretion in reducing the amount of damages,” he said. He called the Morton County verdict “beyond punitive. This is scorched Earth, what we’re seeing here.”
Depending on what happens at the North Dakota Supreme Court, Parenteau also said there’s a basis for appealing the case to the U.S. Supreme Court, based on the First Amendment free speech issues involved. But, he added, the move could be “a really dangerous proposition,” with the court’s conservative supermajority and the precedent such a case could set. A federal decision in favor of Energy Transfer could limit any organizations’ ability to protest nationwide — and not just against pipelines.
Amsterdam-based Greenpeace International, which coordinates 24 independent Greenpeace chapters around the world but is legally separate from them, is also fighting back. It countersued Energy Partners in the Netherlands in February, making use of a new anti-SLAPP directive in the EU that went into effect in May 2024.
Greenpeace International is only on the hook for a tiny fraction of the more than $600 million charged against the three Greenpeace bodies by the Morton County jury. Its countersuit in the EU wouldn’t change what has happened in U.S. courts. Instead, it seeks to recover costs incurred by the Amsterdam-based branch during its years-long fights against the Morton County lawsuit and an earlier, federal case in 2017 that was eventually dismissed.
Greenpeace International’s trial will begin in Dutch courts in July and is the first test of the EU’s anti-SLAPP directive. According to Kristen Casper, general counsel for Greenpeace International, the branch in the EU has a strong case because the only action it took in support of the anti-pipeline protests was to sign an open letter — what she described as a clear case of protected public participation. Eric Heinze, a free speech expert and professor of law and humanities at Queen Mary University of London, said the case appeared “black and white.”
“Normally I don’t like to predict,” he said, “but if I had to put money on this I would bet for Greenpeace to win.”
While Greenpeace’s various entities may have to pay damages as ordered by U.S. courts, the result of the case in the EU, Casper said a victory would send an international message against “corporate bullying and weaponization of the law.” Padmanabha said that regardless of the damages that the Greenpeace USA incurs, the organization isn’t going away any time soon. “You can’t bankrupt the movement,” she said. “What we work on, our campaigns and our commitments — that is not going to change.”
In response to request for comment, Energy Transfer said the Morton County jury’s decision was a victory for the people of Mandan and “for all law-abiding Americans who understand the difference between the right to free speech and breaking the law. That Greenpeace has been held responsible is a win for all of us.”
Nick Estes, a professor of American Indian studies at the University of Minnesota and member of the Lower Brule Sioux Tribe who wrote a book about the Dakota Access Pipeline protests, said the case was about more than just punishing Greenpeace — it was a proxy attack on the water protectors at Standing Rock and the broader environmental justice movement. He said it showed what could happen “if you step outside the path of what they consider as an acceptable form of protest.”
“They had to sidestep the actual context of the entire movement, around treaty rights, land rights, water rights, and tribal sovereignty because they couldn’t win that fight,” he said. “They had to go a circuitous route, and find a sympathetic court to attack the environmental movement.”
Janet Alkire, the chair of the Standing Rock Sioux Tribe, said in a March 3 statement that the Morton County case was “frivolously alleging defamation and seeking money damages, designed to shut down all voices supporting Standing Rock.” She said the company also used propaganda to discredit the tribe during and after the protests.
“Part of the attack on our tribe is to attack our allies,” Alkire wrote. “The Standing Rock Sioux Tribe will not be silenced.”
At 17 years old, Jeff Mitchell couldn’t have known that an evening of deer hunting would change his life — and the history of the Klamath River — forever.
Over Thanksgiving week in 1974, Mitchell and three friends were driving home to Klamath Falls, Oregon, when their truck hit black ice, careened off the road, crashed into a ditch, and rolled over violently, throwing Mitchell from the vehicle and knocking him unconscious. When he woke up, Mitchell’s leg was pinned underneath the pickup truck, and he could feel liquid pooling around him. At first he thought it was blood. Then he smelled the gasoline. A concerned bystander walked up to him with a lit cigarette in his mouth. “My god, I’m going to burn up,” Mitchell thought. The crash put two of his friends in comas, while the third had emerged unscathed.
If not for the black ice that nearly killed him, Mitchell might never have helped launch one of the biggest victories for Indigenous rights and the contemporary environmental movement in North American history: the demolition of four hydroelectric dams on the Klamath River, a degraded 263-mile waterway that winds through Mitchell’s ancestral homeland and that of four other Indigenous nations. He might never have witnessed the fruit of that victory, the largest dam removal in United States history, when nearly 1.5 million cubic yards of earth and concrete finally came down in October of last year, more than 100 years after the first dam was built. He might never have seen the restoration of one of the largest salmon runs on the West Coast, an event that set a profound new precedent for how the U.S. manages its water.
As climate change causes more extreme swings between wet and dry weather, straining scarce water resources and threatening the survival of endangered species, it has forced a reckoning for the thousands of dams erected on waterways across the country. These dams were built to produce cheap power and store water with little regard for Indigenous rights or river ecosystems, and they continue to threaten the survival of vulnerable species and deprive tribes of foodways and cultural heritage — while in many cases only providing negligible amounts of electricity to power grids. For decades, Indigenous peoples and environmentalists have highlighted how these structures destroy natural river environments in order to generate electricity or store irrigation water, but only recently have state politicians, utilities, and bureaucrats begun to give serious credence to the notion that they should come down.
The Copco 1 dam on the Klamath River outside Hornbrook, California. The construction of four hydroelectric dams on the Klamath degraded hundreds of miles of salmon habitat. Jeff Barnard / AP Photo
The removal of the four dams on the Klamath, which were owned by the power utility PacifiCorp, represents the first real attempt at the kind of river restoration that Indigenous nations and environmentalists have long demanded. It is the result of an improbable campaign that spanned close to half a century, roped in thousands of people, and came within an inch of collapse several times. Interviews with dozens of people on all sides of the dam removal fight, some of whom have never spoken publicly about their roles, reveal a collaborative achievement with few clear parallels in contemporary activism.
The fight began, however improbably, with Mitchell’s accident.
After several surgeries, he found he couldn’t get to his university classes on crutches, so he moved back home to Klamath Falls. Not knowing what else to do, Mitchell, an enrolled citizen of the Klamath Tribes, trained to be a paralegal and began attending council meetings for his tribal government. His job was to take notes during meetings at the tribe’s office, a repurposed beauty shop in the town of Chiloquin along the Klamath River.
But a year later, a resignation on the tribal council thrust Mitchell into the leadership body. Suddenly, the 18-year-old was a full-fledged tribal council member, setting policy for the entire nation and getting a crash course in Klamath history.
“I wanted answers,” he said. “I wanted to know why my homelands were gone.”
The free-flowing Klamath River near Orleans, California, before the construction of the hydroelectric dams. The power utility that built the dams promised to provide passage facilities for salmon but never built them. Nextrecord Archives / Getty Images
The Klamath, Modoc, and Yahooskin-Paiute tribes had been forced to cede 22 million acres of land to the United States in 1864, after settlers violently claimed their territory. The 1864 treaty established a 2.2 million-acre reservation in what is currently Oregon and secured the tribes’ fishing, hunting, and trapping rights, but that reservation got whittled down further over the years due to fraud and mistakes in federal land surveys.
By 1954 — three years before Mitchell was born — the Klamath Tribes no longer existed on paper. In the 1950s and 1960s, the United States “terminated” the Klamath and more than 100 other tribes. The bipartisan termination movement aimed to assimilate Indigenous peoples by eliminating their status as sovereign nations, removing their land from federal trusts, and converting tribal citizens into Americans. Much of what remained of the Klamath’s ancestral homelands was taken by the federal officials and turned into national forests or sold to private interests.
By the time Mitchell joined the tribal council in 1975, the Klamath Tribes were about to head to court, arguing that the federal government’s termination policy had no effect on their fishing, hunting, or trapping rights. They were also fighting for their rights to Klamath River water. “Marshes were drying up because water was being taken and diverted,” Mitchell said. “We had to protect water rights so we could protect fish and animals and plants and other resources that we depended on.”
The Klamath River had once hosted one of the West Coast’s largest salmon runs, with thousands of adult Chinooks swimming upstream every autumn. But in 1911, a local power utility called the California-Oregon Power Company began to build a hydroelectric dam along the river, erecting a 10-story wall of tiered concrete that looked like the side of a coliseum. Over the next few decades, the company built three more dams to generate added power as its customer base grew in the farm and timber towns of the Pacific Northwest.
Together these four dams blocked off 400 miles of the Chinook salmon’s old spawning habitat, depriving them of access to the rippling streams and channels where they had once laid eggs in cool water. Before the dams, nearly a quarter of the Klamath Tribes’ diet came from wild salmon.
“In a blink of an eye, you’re talking about losing one-quarter of all your food source,” Mitchell said. “I just sit back and think, It must have been one hell of an impact on my people.”
Jeff Mitchell got his start as a paralegal-in-training before joining the Klamath Tribal Council in 1975. Courtesy of Jeff Mitchell
In 1981, six years after Mitchell joined his tribal council, a report crossed his desk, which had been relocated from its makeshift beauty parlor digs to those of an old movie theater. The study, conducted for the federal Department of the Interior, provided official confirmation for what Indigenous leaders and tribal members already knew: The dams were responsible for the missing salmon.
“Although the builders of the dam promised to provide fish-passage facilities, none were built,” the report read. “There is no evidence that any consideration was given to the fish loss suffered by the Indians of the Klamath Indian Reservation despite continued protests by the Indians and by officials of the Bureau of Indian Affairs on behalf of the Indians.”
The Klamath Tribes were still busy in court defending their water rights, and they were making headway in their fight to regain their status as a federally recognized tribe. When Mitchell discussed the report with other tribal council members, they agreed that they probably had grounds to sue either the utility that built the dams or the federal government that allowed construction to happen. But suing over the missing salmon would mean spending money that the nation didn’t have.
So Mitchell filed the report away and moved on with his life. He got married, had kids, and the Klamath Tribes regained their federal recognition in 1986. Government services like health care and housing were rebuilt from the ground up, and the tribes successfully gained endangered species protections for two Klamath Basin suckerfish that were critical to tribal tradition. But the river’s water quality continued to decline, and the Klamath Tribes continued to fight for its water rights in the court system with no end in sight.
By the turn of the century, Mitchell was in his 40s and serving as tribal chairman. It was then that he received a letter from PacifiCorp, the company that had absorbed the California-Oregon Power Company and now owned the dams: Would the Klamath Tribes like to join meetings to provide input on the company’s application for a new dam license?
Mitchell didn’t have to think about it. He said yes.
II.
The Klamath River watershed begins as a large lake in what is currently southern Oregon. It winds its way south through the northern edges of the Sierra Nevada mountain range for more than 250 miles before emptying into the Pacific Ocean in what is now northwest California. The lake provides a haven for C’waam and Koptu — gray suckerfish with round, blunt noses that exist nowhere else on the planet — and its vast expanse of surrounding marshes are a stopover for migrating tchikash, such as geese and ducks. Every fall for thousands of years, as the mountain forests flashed gold and red, tchíalash, or salmon, raced upstream through the cold mountain waters and laid their eggs, feeding the people who lived along the riverbanks.
In 1901, a local newspaper called the Klamath Republican said the fish were so plentiful that they could be caught with bare hands: “Five minutes’ walk from Main Street brings one to the shores of Klamath rapids, where every little nook, bay, and tributary creek is so crowded with mullets that their backs stick out of the water. … Mullets, rainbow trout, and salmon — splendid fish, giants of their size, and apparently anxious to be caught.”
By then, white settlers had spent decades seizing land and water from the tribes and manipulating the landscape. Once they had established a permanent hold on the Klamath River, the settlers set about draining lakes and diverting streams to service industries like agriculture, mining, and timber. The federal Bureau of Reclamation then established a massive irrigation project at the head of the river and, within a few years, settlers cultivated thousands of acres of alfalfa nourished with irrigation water. Today, the basin produces mostly beets and potatoes, the latter often used for french fries.
Farmers in Klamath County, Oregon, preparing potatoes for shipment. The U.S. Bureau of Reclamation built a large canal system to deliver irrigation water to potato farms in the area. Dorothea Lange / Heritage Art / Heritage Images / Getty Images
The four dams constructed over the first half of the 20th century held back water from the lower reaches of the Klamath, forcing salmon to navigate a smaller and weaker river. Salmon also need oxygen-rich cold water to thrive, but the water of the Klamath grew hotter as it sat in stagnant reservoirs and flowed shallower down toward the Pacific, which made it harder for salmon to breathe and reproduce. This warm water also encouraged the growth of toxic algae and bristleworms that emitted microscopic parasites.
The dams blocked off the upstream Klamath, making it impossible for adult salmon to swim back to their ancestral tributaries. As they raced upstream toward the frigid mountain waters, they ran into the earthen wall of Iron Gate, the southernmost dam on the river, flopping against it futilely. Over the decades, these conditions drove the fish toward extinction, threatening the survival of a species that was central to the Yurok, Karuk, and Shasta peoples who had lived around the downstream Klamath Basin for thousands of years.
This might have remained true forever were it not for a quirk of federal bureaucracy. In order to run dams, power companies in the U.S. must secure a license from the Federal Energy Regulatory Commission, or FERC, the nation’s independent energy regulator, and those licenses have to be renewed every 30 to 50 years. In 1999, the license for the Klamath dams was less than a decade away from expiring.
The California-Oregon Power Company, the utility that built the dams, had passed through a series of mergers and acquisitions since its founding in 1882, eventually becoming part of a for-profit regional company known as PacifiCorp, which owned power plants across the Pacific Northwest. In order to keep running the Klamath dams, PacifiCorp needed to secure new state water permits, get operational clearance from federal fish regulators, and solicit feedback from local residents, including the Klamath Tribes, which again had federal recognition. For most hydroelectric dams, the process was lengthy but uncontroversial.
Jeff Mitchell had other ideas. He wanted the company to install fish ladders, essentially elevators that would allow the salmon to pass through the dams. The power company had promised to build them nearly a hundred years before, when construction was still underway, but had never followed through. He wasn’t the only one who was frustrated. While the Klamath Tribes lived farthest upstream and no longer had access to salmon, there were other tribes on Klamath tributaries — the Karuk, the Hoopa, and the Yurok — who could still fish but had been watching their water quality decline and salmon runs dwindle.
The Hoopa and Yurok tribes had spent years in court fighting each other over land. But when they all crowded into windowless hotel conference rooms to hear PacifiCorp’s plans, the tribal representatives quickly realized they had the same concerns.
There was Leaf Hillman, the head of the Department of Natural Resources for the Karuk Tribe, who had grown up eating salmon amid increasingly thin fish runs. “It was a struggle,” he said, recalling the meager amounts of fish he and his uncle would catch on the river. “Frequently all the fish that we got were given away or went to ceremonies before any of them ever got home.”
There was Ronnie Pierce, a short, no-nonsense, chain-smoking Squamish woman who was trained as a biologist and structural engineer and now worked as a fisheries biology consultant for the Karuk Tribe. Pierce had short, slicked-back hair, wore champagne-colored glasses and black leather boots, and had zero patience for corporate-speak. “I went through your draft application, and I can’t tell if a goddamn salmon even lives in the Klamath River,” she once told company executives.
Ronnie Pierce stands beside a stack of binders containing PacifiCorp’s draft application to relicense its dams on the Klamath River. Courtesy of Leaf Hillman
Then there was Troy Fletcher, executive director of the Yurok Tribe. A tall, charismatic man with a resemblance to Tony Soprano, Fletcher had spent years building up a Yurok program for studying and managing the river’s fish population before taking the helm of the tribal government. Fletcher knew the fishery was one of the only economic drivers for the Yurok nation, and a decline in salmon meant unemployment, exodus, and, eventually, cultural collapse. “As one of our elders put it, the Klamath River is our identity as Yurok people,” Fletcher said.
The group quickly noticed a pattern: Company executives’ eyes would glaze over when the tribes discussed the cultural importance of salmon. In March of 2001, during a public comment process that lasted more than a year, Mitchell submitted a formal comment to PacifiCorp that argued, “Fish passage on the Klamath River has been ‘blocked’ and interferes with the property rights and interests of the tribe.” The company responded to his comment in an official report by saying, “Comment noted.”
Pierce took to storming out of the room every time she got fed up with the company. Once, she got so upset at a meeting in Yreka, California, that she slammed her binder shut and drove several hours home to McKinley Grove, California, more than 400 miles away. She had little tolerance for the ignorance some PacifiCorp executives revealed about the landscape their dams had remade. “Where’s Blue Creek?” one of them asked in one meeting, clearly unfamiliar with the sacred tributary within Yurok territory. The pristine tributary, which flowed through conifer-covered mountains and across expanses of smooth rock on its way toward the Klamath main stem, was one of the most beautiful places in the entire river basin, and the first refuge that salmon encountered as they entered from the Pacific.
“‘Blue Creek? Where is Blue Creek?’” Pierce snapped. “You are really asking that? You dammed our river, killed our fish, attacked our culture, and now you ask where Blue Creek is?”
As the license meetings continued, Pierce wanted the group to take a harder line. She invited Hillman, Fletcher, and other tribal officials to dinner at her home in California. Over drinks, the group strategized about how to deal with PacifiCorp.
“You guys are fools if you go for anything but all four dams out,” Pierce said. “You’ve got to start with all four — and now — and the company pays for it all. That’s got to be the starting position.”
It was a radical idea, and one with no clear precedent in American history. Hillman, the Karuk leader who worked with Pierce, knew that for many farmers and politicians in the West, dams symbolized American conquest and the taming of the wilderness. He couldn’t see anyone giving that up. But he felt inspired by Pierce, who was so hardheaded that the Interior Department once threatened to pull the Karuk Tribe’s funding if the nation kept employing her, according to one dam removal campaigner.
Pierce’s vision that evening propelled the dam removal campaign to ambitions that would have been unimaginable just a few years earlier, but she wouldn’t live to see it realized. She soon received a terminal cancer diagnosis, and just a few years later she would find herself sitting with Hillman and others around that same table, making them promise to get the job done. She wanted them to scatter her ashes on Bluff Creek along the Klamath River after the dams were removed, no matter how many years it took.
“A lot of us tried to emulate her, how she was,” Hillman said. “There was no surrender.” The campaign would need Pierce’s determination to survive after her death. The fight was only heating up.
III.
The year 2001 arrived at the start of a megadrought that would last more than two decades and transform the American West, sapping massive rivers like the Colorado and driving farms and cities across the region to dramatically curtail their water use. This drought, which scientists say would be impossible without climate change, delivered the worst dry spell in the Klamath’s recorded history. All along the river’s banks, forests turned brown and wildfires sprang up. Small towns lost their drinking water. A reporter for the Los Angeles Times wrote at the time that “signs of desperation are everywhere … birds are dying as ponds dry up in wildlife refuges … sheep grazing on bare ground run toward the road when a car stops, baaing furiously and wrapping their mouths around the strands of barbed-wire fence.”
That spring, the federal government shut off water deliveries to Klamath farmers in order to protect endangered salmon and suckerfish on the river. The once-green fields of the basin, which had bloomed thanks to irrigation water from the vulnerable river, turned to dust. The earth cracked.
With no water, farmers were forced to abandon their beet and potato fields. More than 200,000 acres of crops shriveled, wiping out as much as $47 million in farm revenue and driving up potato prices as the harvest in the Klamath collapsed. Dozens of farmers filed for bankruptcy, school enrollments plummeted, businesses closed as farm families fled the region, and reports of depression and suicide skyrocketed.
Farmers and their supporters gathered by the thousands to stage a series of protests at the federal canal that released water from Upper Klamath Lake. First, they organized a ceremonial “bucket brigade,” led by girls from the local 4-H agriculture club, stretching 16 blocks from the lake into an irrigation canal. On multiple occasions, including the Fourth of July, protestors used a chainsaw and blowtorch to force open the headgates of the canal and siphon a small amount of water. It wasn’t enough to save anybody’s farm, but it was enough to prove they were serious.
When local authorities sympathetic to the farmers refused to intervene, U.S. marshals were brought in to guard the canal and quell protests. For the rest of the summer, locals loudly floated the idea of open revolt to overthrow the government.
Protestors try to open a Bureau of Reclamation head gate on the Klamath River to release irrigation water to farms in Oregon. The federal government shut down water deliveries to farmers in 2001 in order to protect endangered salmon and suckerfish on the river. Don Ryan / AP Photo
“The battle of Klamath Falls will go down in history as the last stand for rural America,” said one resident in an interview with The Guardian. The New York Times adopted the same narrative: An article that summer described the endangered animals as “all-but-inedible, bottom-feeding suckerfish” and framed the fight as one between environmentalists and hardworking farmers, erasing the tribes from the narrative altogether.
At Klamath Tribes’ headquarters in Chiloquin, half an hour from the headgates of the Bureau of Reclamation canal, Jeff Mitchell and other tribal leaders warned tribal citizens not to go into town. There had always been tensions with settlers over water, but now the farmers were blaming the tribes for the death of their crops, since the tribes were the ones that advocated for the protection of the endangered fish.
One afternoon that December, three drunk men drove through Chiloquin in a metallic gold pickup truck and used a shotgun to fire shots at the town. “Sucker lovers, come out and fight!” they yelled. They shot above the head of a child after asking him if he was Indian.
In 2002, Vice President Dick Cheney intervened. The former congressman from Wyoming maneuvered to open the headgates and divert a full share of irrigation water to the farms, regardless of how little water would be left in the Klamath for salmon and suckerfish. The 2002 diversion dried out the lower reaches of the Klamath just as salmon were starting to swim upstream from the Pacific Ocean to spawn. The low water levels resulting from Cheney’s decision heated up the river even more and made conditions prime for a gill rot disease, a fungal infection that thrives in warmer temperatures. As the salmon crowded into these small stretches of water, packed more densely than usual, they contracted the disease and gasped for air. Cheney’s water diversion was a violation of the Endangered Species Act, and Congress would later ask the vice president to speak about his role in the fish kill. He declined.
The Yurok saw the effects first. Adult salmon weighing as much as 35 pounds surfaced with their noses up and mouths open in the hot, shallow drifts. After they dove back down, they then rose to the surface belly-up. Hundreds of dead salmon appeared in the river, then thousands. Within weeks, tens of thousands of dead salmon piled up on the riverbanks and became food for flies as their flesh baked in the sun. When their bodies turned gray and their skin ruptured, meat bubbled out, and birds pecked at their eyeballs. The stench was overwhelming.
“It was a moment of existential crisis, it was a form of ecocide,” said Amy Cordalis, a Yurok Tribe member who was a college student working on the river that year.
A week earlier, a judge had sentenced the three men who shot their guns at the child in Chiloquin. They admitted their attack was motivated by racism and received 30 days behind bars and community service.
IV.
As the fight in the Klamath unfolded, PacifiCorp had continued to slog away on its attempt to relicense the four Klamath dams. After years of back-and-forth, the company closed in on finishing its draft application. It mailed copies to everyone involved in the more than 200 meetings held by the company. The application was so long that it filled several binders in multiple cardboard boxes. When Ronnie Pierce stacked the binders on top of one another, they were taller than she was.
The application was comprehensive, but Pierce, Mitchell, Fletcher, and others noticed that despite the massive die-off of salmon they’d just witnessed, the company still had not committed to build the fish ladders it had promised almost a century earlier.
“That’s when we decided to go to war with PacifiCorp,” said Mitchell.
On January 16, 2004, more than 80 years after the first dam was built, members of the Karuk, Yurok, Klamath, and Hoopa tribes gathered at the Red Lion in Redding, California, a two-star hotel off the freeway with a Denny’s and trailer parking in the back. They were joined by Friends of the River, a tiny nonprofit and the only environmental organization willing to stand with the tribes at the time.
As the tribes and farmers fought with PacifiCorp and the George W. Bush administration, one major player had escaped notice altogether, ducking responsibility for destroying the river’s ecosystem and remaining largely in the shadows. That was PacifiCorp’s parent company, ScottishPower, which owned the utility from across the Atlantic Ocean, thousands of miles away.
Leaf Hillman had learned about ScottishPower during a meeting with a PacifiCorp executive in the company’s Portland, Oregon, headquarters. Frustrated that she wouldn’t consider dam removal, Hillman asked to speak to the executive’s boss. “If you’re going to talk to my boss, you’re going to have to go to Scotland,” she replied, laughing. As he sat in the meeting at the Red Lion, he could still hear her laughter.
Six months later, Hillman and his allies walked through immigration atGlasgow Airport. A United Kingdom customs officer asked them to state the purpose of their visit.
“We’re here to get those damn dams off the Klamath River,” Dickie Myers of the Yurok Tribe replied.
Part 2
A Business Decision
V.
In the summer of 2004, water flowed through the 90-foot-wide gates of a hydropower dam along the Tummel River in Perthshire, Scotland. Salmon and sea trout swam safely past the turbines on their way upstream, wiggling up and down the fish ladders required by Scottish law.
The difference wasn’t lost on Jeff Mitchell, who was visiting the dam for a press conference highlighting how ScottishPower’s subsidiary, PacifiCorp, had refused to install those same fish ladders in their dams on the Klamath River.
As they toured Scotland demanding that the company remove its subsidiary’s dams in Oregon and California, Mitchell and his allies from the Klamath River Basin were surprised to meet an outpouring of empathy and support. The Scottish people knew and loved salmon — so much so that Glasgow’s coat of arms had two salmon on it. A local Green Party leader embraced their cause, filing a parliamentary motion criticizing ScottishPower for its hypocrisy. At one point,The Herald, Scotland’s longest-running newspaper,even gave ScottishPower’s CEO a nickname: “Stops Salmon Leaping.”
“If it wasn’t for these fish I wouldn’t be here today. My people would have died off a long time ago,” Mitchell told reporters during their visit. “We can’t walk away from this and we will not walk away from this.”
Members of the Yurok tribe protest outside ScottishPower’s annual general meeting in Edinburgh, Scotland. The tribes sought to force the utility, which owned the dams until 2005, to install fish passage facilities that would save endangered salmon. Maurice McDonald / PA Images / Getty Images
The pressure campaign produced immediate results, with left-wing members of the Scottish Parliament calling on political leaders to intervene in favor of the tribes. After the tribes’ visit in July, PacifiCorp’s chief executive officer, Judi Johansen, had told news media that “all options [were] on the table, including dam removal.”
But the momentum did not last. The following spring, ScottishPower executives decided to pivot back to a focus on United Kingdom energy markets and offload some of their assets. They sold PacifiCorp for $5.1 billion, washing their hands of the Klamath River crisis.
The new owner of the dams was a far more familiar face. The firm that now owned PacifiCorp was called MidAmerican Energy Holdings, and it was controlled by Berkshire Hathaway, the massive conglomerate owned by billionaire Warren Buffett.
VI.
Mitchell, Troy Fletcher, and their fellow tribal leaders knew at once that they had to adjust their strategy. During their campaign in Scotland, they had tried to stir up moral outrage over the death of the Klamath salmon, arguing to ScottishPower executives and Scottish citizens that the company needed to put the needs of the fish above its own profits. That argument didn’t seem like the right fit for Buffett, whose reputation was that of American capitalism personified: He made his fortune riding the swings of the free market, and every year thousands of Berkshire shareholders converged on the company’s Nebraska headquarters to get stock tips from the so-called “Oracle of Omaha.”
After doing some digging, Craig Tucker, a spokesman for the Karuk Tribe, discovered that Buffett’s family seemed to have an affinity for Indigenous people. Buffett’s youngest son, Peter, was a composer who had written music for the 1990 film Dances With Wolves, plus an eight-hour documentary on Native Americans helmed by Kevin Costner. Tucker also discovered that Peter and his brother, Howard, had co-sponsored the Buffett Award for Indigenous Leadership, a cash prize recognizing Indigenous leaders.
In an attempt to get Buffett’s attention, Tucker nominated Leaf Hillman for the award for his work restoring salmon on the Klamath. Hillman made it to the final round, but in the days leading up to the awards ceremony, Tucker got ahead of himself and told a few journalists that Hillman was being considered for the Buffett prize. The flurry of media attention scuttled Hillman’s chances, Tucker said.
The tribes’ strategy was multipronged, combining loud protests with quiet legal maneuvering. In 2007, Hillman and his son, Chook Chook Hillman, drove to Omaha to disrupt Berkshire’sannual shareholders meeting. When they arrived, local police pulled their RV over and told them to behave. “We’ll be watching you,” Chook Chook recalled one officer saying. The Hillmans were required to stand in a designated “free speech” spot for protestors down the road from the auditorium as Buffett fans walked by. “Get a job!” one passerby shouted. Another woman spit on them.
The hostile response inspired Chook Chook to train with the Indigenous Peoples Power Project, which schooled Native activists in nonviolent protest, to strengthen his civil disobedience skills. The following year, he managed to address Buffett directly during Buffett’s annual town hall before thousands of Berkshire shareholders, but the tycoon rebuffed Chook Chook and the other protestors, telling them the government and not Berkshire would determine the dams’ fate. The protests in Omaha became so disruptive that Berkshire representatives flew to the Klamath Basin to ask Chook Chook and the other activists to stay away from Nebraska.
But Mitchell, Fletcher, and the others had discovered an argument that Buffet couldn’t dismiss so easily. They’d spent years immersing themselves in the intimate details of how the dams operated, poring over company filings and utility commission reports. They found that by the turn of the 21st century, the dams had become, in Mitchell’s phrasing, “losers.” The dams generated at most around 163 megawatts of electricity during the wettest years, or enough to power 120,000 homes, far less than the average coal or gas plant. That was just a small percentage of the power that PacifiCorp generated across its six-state fleet — and even less in dry years, when the turbines couldn’t run at full capacity. Even with recent renewable energy requirements in California and Oregon, the dams didn’t really move the needle compared to the more powerful solar, wind, and natural gas assets the company was adding.
PacifiCorp’s relicensing fight at the Federal Energy Regulatory Commission had been playing out for almost seven years. But tribal leaders were simultaneously pursuing another strategy: persuading federal fish agencies to impose new environmental rules on the company’s license. This would make the dams even more expensive to operate, leading to thinner margins, and open up PacifiCorp to pressure from its utility customers to consider dam removal.
“If anything would change Berkshire Hathaway’s mind,” said Mitchell, “it would be a good business decision.”
Thanks to the dogged work of advocates like the late Ronnie Pierce, there were years of documentation of the devastating ecological effects of the Klamath dams, and state and federal governments had ample evidence that the dams had been in violation of the Endangered Species Act as well as the Clean Water Act. In early 2006, responding to the dire state of the river’s fish population, the U.S. Fish and Wildlife Service and National Marine Fisheries Service mandated that PacifiCorp build fish ladders around the dams in order to avoid killing off the salmon altogether. California and Oregon then told the company that they would not grant it permits under the Clean Water Act unless it cleaned up its reservoirs, which were contaminated with toxic algae.
These decisions meant hundreds of millions of dollars of added costs for PacifiCorp — the bill for the fish ladders alone would exceed $300 million. The company contested them, leading to a lengthy FERC hearing that pitted almost a dozen tribes, government agencies, and environmental groups against the utility. During the hearing, PacifiCorp argued it could trap adult fish below the dams and transport them upstream on the river by truck instead of building fish ladders. The company also argued that salmon had never swam that far upstream before the dams existed.
The tribes believed that the company’s proposals for handling the salmon were ludicrous, but they also knew they would need more than studies and statistics to persuade the judge in the FERC hearing to rule against the company. That summer, the tribal leaders took the hearing judge and executives from PacifiCorp on a boat ride up the river to give them a firsthand look at what the dams had done. The day was so hot that they almost cut the trip short, but Mike Belchik, the Yurok Tribe’s biologist, insisted that the judge see the Williamson River, which drains into Klamath Lake, far upstream from the PacifiCorp’s dams. When they arrived, the water in the undammed river was cool, and large trout were leaping in droves.
“Your Honor, this is where the salmon are going to. This is the prize right here,” Belchik remembers the group telling the judge. “This place will sustain salmon.”
The judge in the FERC hearing ruled against PacifiCorp in September of 2006. The company would have to pay for the costly dam improvements, and the tribes now had the leverage they’d been working for. The company could keep operating the dams in the meantime with a series of one-year license extensions, but it had to fix the issues on the river if it wanted a new license.
”This is going to be the thing that really motivates PacifiCorp to negotiate,” said Craig Tucker, the Karuk Tribe’s spokesman, in a statement at the time.
Faced with the mounting cost of running the dams and an onslaught of negative press, PacifiCorp brass deputized Andrea Kelly, a trusted company veteran and an expert in utility law, to find a solution. Company leaders tasked her with exploring potential settlements that would maximize revenue for PacifiCorp while minimizing the costs of regulatory paperwork, lawyers’ fees, and public-image maintenance.
‘If anything would change Berkshire Hathaway’s mind, it would be a good business decision.’
Kelly had read all the same paperwork as Fletcher, Mitchell, and Pierce, and after PacifiCorp’s regulatory losses, she came to the same conclusion that the tribes had — it might be cheaper to remove the dams. But she didn’t say so just yet. First, in late 2007, PacifiCorp commissioned a confidential study that compared the cost of dam removal to that of the fish ladders and river cleanup that the federal agencies were demanding. The analysis, which has never been made public in full, found that meeting the agencies’ fish and water conditions would be significantly more expensive than the cost of removing the dams, provided the company didn’t have to cover the whole removal bill.
The study also found that trying to relicense the dams was a massive financial risk. The tribes’ campaign had made the dams so controversial that Oregon and California were almost certain to keep opposing the license. The inevitability of additional protests and litigation meant that PacifiCorp would likely need to spend hundreds of millions more to get through the FERC process. Even then, there was no guarantee it would get its new license.
To protect its customers and investors from the costs of a protracted fight over the Klamath, PacifiCorp’s best option was no longer trying to keep the dams up, but figuring out how to get them down.
VII.
As the tribes worked to put PacifiCorp on defense, they were also trying to forge a truce with an aggressive adversary: the farmers of the Klamath Basin, who just years earlier had been on the brink of starting an all-out armed conflict with the tribes and the federal government to control the basin’s scarce water.
Troy Fletcher, the Yurok Tribe executive director and longtime tribal leader, had spent decades fighting with farmers for the water the tribe needed — and was legally owed — to build up its struggling fisheries. But Fletcher was also amiable by nature, and as years of conflict passed, he realized that the animosity between the tribes and the farmers wasn’t serving either of them. The tribes had spent millions of dollars on litigation and lobbying against the farmers’ interests — and had blasted them in the news media for years — but had no more water to show for it.
“It didn’t make any of us sleep any better, because the big issues were still out there, and we still had to resolve them,” he said.
In 2005, as the FERC dam relicensing process rolled on, Fletcher and other tribal leaders found themselves stuck in another series of meetings with farmers and ranchers from around the Klamath Basin. The Bush administration had brought the groups together in an effort to achieve a long-term resolution to the contentious water issues and avoid more violence. For once, tribal members and agricultural interests weren’t meeting at protests or sparring in the press, but rather sitting across the table from one another in the same windowless conference rooms, eating the same bad food, and filling their coffees from the same pots.
During one meeting, in a room full of tribal leaders and farmers, Fletcher decided to propose a truce: Why didn’t the two sides stop criticizing each other publicly, and start talking?
In the months that followed, Fletcher befriended veteran farm lobbyist Greg Addington, whom the Klamath farmers had hired after the 2001 water war to serve as their advocate. Addington had spent almost his entire career lobbying on behalf of farming interests, but he knew the farmers could not afford a repeat of their standoff with the government. He and Fletcher started talking over beers in the evening and playing golf. It wasn’t long before Klamath water issues came up.
Farmers had gotten cheap power from the hydroelectric dams for decades, but now PacifiCorp, which wasn’t making much money off the systems, was trying to raise their rates. Fletcher was getting pressure from his environmentalist friends to support the rate increase because it would hurt the farmers who were sapping the river, but he didn’t like the idea of the farmers going bankrupt. He decided to strike out on his own: In private conversations with Addington, he vowed that the Yurok would support continued power subsidies for the farmers if Addington and the farmers supported the removal of the dams. PacifiCorp was screwing the tribes and the farmers, he told Addington — so why didn’t the two join together?
Troy Fletcher was frustrated with how tribal officials like himself were excluded from negotiations between the feds and PacifiCorp and urged Interior officials to get dam removal done. Courtesy of Matt Mais / Yurok Tribe
“Nothing brings people together like a common enemy,” Fletcher said. “We’ve been in the fight for ages, but we can’t afford to litigate for decades and watch our fish continue to die.” The farmers began to back the tribes’ campaign for dam removal, and in return the tribes backed them on the power-rate issue.
“I believed that Troy cared about the ag community in the Klamath Basin, and it made me really want to care about the tribal community,” Addington said.
The truce soon opened up a broader dialogue between the farmers, the tribes, environmentalists, and fish advocacy organizations on the Klamath. The stakeholders on the river had been trying to solve each of these crises on its own, suing each other whenever their interests came into conflict, but now they began to talk about a comprehensive settlement deal that would put an end to the litigation. Everyone would have to give up something, but everyone would get something they needed.
VIII.
The final piece to the Klamath puzzle was the Bush administration, which controlled Klamath irrigation through a canal system run by the Bureau of Reclamation and would play a key role in any water settlement. Both farmers and Indigenous nations had come to detest the administration — the farmers for the 2001 water shutoff and the tribes for the subsequent fish kill caused by Vice President Dick Cheney’s emergency diversion of water to the farmers.
The crisis was a stain on the administration’s record in the water-stressed West, and Bush was desperate to resolve the tensions in the Klamath. The president directed Dirk Kempthorne, a compromise-oriented Idaho governor brought in to run the Interior Department during Bush’s second term, to defuse the Klamath conflict — even if it meant departing from the traditional Republican line on water issues, which was unconditional support for dams and agriculture.
President George W. Bush looks on as Idaho Governor Dirk Kempthorne is sworn in as Secretary of the Interior. After years of conflict in the Klamath basin, Kempthorne and his staff helped negotiate a settlement that led to dam removal. Chip Somodevilla / Getty Images
Kempthorne and his deputies flew to the Klamath Basin to join the settlement talks, but they got a frosty reception. Despite Fletcher and Addington’s breakthroughs, the alliance was still fragile.
In early 2008, Fletcher, Mitchell, and Hillman met with senior Interior officials at Klamath Falls, near the headquarters of the Klamath Tribes. John Bezdek, a senior Interior Department lawyer, asked for tribal leaders’ thoughts on a long list of items in the proposed settlement, including water deliveries to farmers and ecosystem restoration.
But Fletcher wanted something more from them. Staring at the Interior bureaucrats from across the table, he laid it out for them straight. The negotiations had made progress, he said, but without a guaranteed agreement to remove the dams, a larger water settlement was impossible. Somebody would need to force PacifiCorp’s hand.
“You guys need to get this done for us,” Fletcher told the two Bush administration officials.
Bezdek said he would try. He and another Interior bureaucrat, Michael Bogert, flew to Portland to visit Robert Lasich, the president of PacifiCorp and the boss of the company’s Klamath czar, Andrea Kelly. The two government officials felt like they had momentum: With federal agencies insisting that the company provide fish passage, and the once-rebellious farmers now calling for dam removal as well, it seemed like the company would have to acquiesce.
But as soon as they entered Lasich’s office, the PacifiCorp executive rebuffed them, saying the utility would never abandon the dams unless Interior came up with a deal that worked for the company.
“You’re asking us to voluntarily walk away from revenue-generating assets,” he told them, Bezdek recalled. “If you want this to happen, you two need to man up and put something real on the table.” Bogert later made Bezdek a T-shirt that said, “MAN UP.”
In a last-ditch effort to work out a deal, Bezdek called a meeting with PacifiCorp’s Andrea Kelly and representatives from the two states at a federal conservation training center in Shepherdstown, West Virginia — a site so remote that negotiators had to walk 15 minutes to a bridge and stand on its railing to get cell service.
Bezdek also invited three lawyers representing the Yurok Tribe and a few conservation groups, but they didn’t get to join the settlement talks until the last day, when most points had already been decided. PacifiCorp’s Kelly was the only woman there, and there were no tribal leaders present, a fact for which Fletcher, of the Yurok Tribe, would later upbraid Bezdek and the Interior bureaucrats.
Behind closed doors in Shepherdstown, Kelly reiterated the company’s conditions for dam removal. The company did not want to spend more than $200 million, she said. It also wanted full protection from any legal liability that resulted from the dam removal project, which would detonate dynamite on century-old structures and release millions of tons of sediment and algae into a fragile river ecosystem.
For three days, Bezdek and Kelly hashed out how dam removal would work. The solution to the money problem came from California Governor Arnold Schwarzenegger, who agreed to issue a state bond that would raise $250 million. That money, combined with $200 million PacifiCorp would get from its customers in Oregon, would cover the costs. The liability problem was harder: PacifiCorp refused to conduct the dam removal itself. In order to appease the company, the parties ended up settling on the idea that the federal Bureau of Reclamation itself would remove the dams and assume the risk.
‘If you want this to happen, you two need to man up and put something real on the table.’
After days of exhausting talks, the parties brought the framework to Interior Secretary Kempthorne, who secured Bush’s blessing to approve it. This was a stunning reversal from six years earlier, when Cheney had caused the fish kill to protect the interests of Klamath farmers. The Bush administration and the states were able to tout the deal as a solid business decision — Oregon’s governor called the deal “a model … of how the federal and state governments and private industry can work together.”
“President Bush made clear to me that we were there to solve problems,” said Kempthorne. “We never took a position other than to say that we supported a business decision.” At the Bush administration’s final White House Christmas party in December of 2008, the president shook hands with Michael Bogert, one of the senior Interior officials who had worked on the negotiations.
“It’s a good deal,” Bush told Bogert.
The 2008 accord represented a triumph of diplomacy and compromise in a region that just a few years earlier had been on the verge of war. The settlement, finalized across two legal agreements, not only promised to remove all four PacifiCorp dams from the Klamath River, but also called for a billion dollars in federal funding to restore the decaying parts of the river ecosystem, undoing a century of damage.
The deal guaranteed water deliveries to the Oregon farmers during all but the driest periods, laid out a plan to protect salmon and suckerfish during droughts, and returned 90,000 acres of forest land to the Klamath Tribes. The basin tribes, environmental nonprofits, commercial fishing groups, and irrigators all endorsed it. The state governments of California and Oregon gave it their blessing in a matter of months as well.
But not everyone was happy: The residents of conservative Siskiyou County, California, which was home to three of the dams, were angry that PacifiCorp was going to drain the reservoirs that gave them lakefront property and a place to water ski. Some farmers around Upper Klamath Lake hadn’t received the water guarantees they were seeking. And the Hoopa Tribe, a nation that had also campaigned for dam removal, walked away from the settlement talks, frustrated that PacifiCorp would not have to bear the whole cost of dam removal.
Mitchell, too, had reservations about the company walking away with its hands clean, and about the fact that the deal had come together with no tribal leaders present. But in his eyes, the benefits far outweighed the costs.
“This gave us the pathway of getting these dams out and restoring this watershed more quickly than fighting a much longer battle where fish may not survive,” he said. “If it took us another 10, 15 years to do this, we may lose those fish completely.”
The only step left was to get Congress’ approval for the settlement deal, which would unlock a billion-dollar infusion of restoration funding. After so many years of hard-fought negotiations, the campaigners, assured by their federal allies, thought that passing a settlement bill through Congress would be straightforward by comparison.
They had no idea what lay ahead.
Part 3
The Backup Plan
IX.
In February of 2010, Jeff Mitchell shook California Governor Arnold Schwarzenegger’s hand before reporters at the state capitol building in Salem, Oregon, with the governor of Oregon and the secretary of the interior looking on.
“Hasta la vista, Klamath dams,” Schwarzenegger said as he leaned over to sign the agreement to demolish the four dams, settle rights to the river’s water, and return land to the Klamath Tribes. Beneath the capitol dome, the former bodybuilder joked that, even for him, the deal had been “a big lift” to get over the finish line.
The mood in Salem that day was ecstatic. After years of protest and negotiation, the entire basin — the Yurok, Karuk, and Klamath tribes, the region’s conservative farmers, and environmentalists — had come together behind a plan to take the dams down, and they’d brought both the federal Department of the Interior and the dams’ corporate owner over to their side. Because the deal hinged on millions in federal restoration funding, as well as a legal directive to let Interior take the lead on dam removal, the last remaining step was for Congress to pass a bill that authorized the demolition and allocate money to restore the river to its original undammed state.
Later that year, the Republican Party scored a resounding victory in the 2010 midterm elections, riding a wave of backlash against the election of Barack Obama two years prior. Many of those elected to the congressional majority that emerged in the House of Representatives were partisans of the far-right Tea Party movement. They advocated a scorched-earth opposition to the Obama administration’s entire agenda, rejecting bipartisan achievements like the Klamath deal, despite its origins in the Bush administration.
“I think there was a whole lot of just blocking of anything that could be a potential positive legacy for the Obama administration,” said Leaf Hillman, the former vice chairman of the Karuk Tribal Council. “Congress was hell-bent on making sure he got nothing to be proud of.”
Like many legal settlements, the Klamath deal had an expiration date at the end of 2012. If Congress didn’t ratify the deal and the settlement lapsed, the parties had to start all over again to negotiate a new one. After the 2010 election, a few years suddenly didn’t seem like much time at all.
The Republican resurgence also elevated a man Mitchell knew well: Greg Walden, a longtime congressman for the Oregon side of the Klamath Basin and now an influential leader in the House Republican caucus. For years, Mitchell had known Walden as a fierce advocate for the state’s agricultural interests and a critic of the Endangered Species Act. The two men had spoken about fish issues on the river, but Mitchell had never felt like Walden cared much about what he had to say. Still, Walden had expressed his support for the Klamath settlement when it came together in 2008, saying that the negotiators “deserved a medal.”
“He kept saying, ‘If you guys can develop an agreement, I’ll do my job and I’ll get it through Congress and get it funded,’” recalled Mitchell.
Walden had been engaged on Klamath issues since the 2001 water crisis, and had secured funding for financial relief and infrastructure in the basin. He had even enabled the dismantling of a very small dam on a tributary in Chiloquin, Oregon. As a high-ranking Republican and the member representing Oregon’s side of the basin, he seemed to be in an ideal position to advance a bill that would ratify the settlement. But despite urging from farmers, tribal leaders, and other elected officials, Walden failed to push for the settlement — a decision that many advocates saw as an attempt to block dam removal. Before long, he became public enemy number one for the settlement parties, who soon found themselves forced to extend the ratification deadline to the end of 2015.
Representative Greg Walden, center, walks in the U.S. Capitol in early 2011, just after Republicans retook the majority in the House of Representatives. Walden, who represented the Oregon side of the Klamath in Congress, was seen as a major obstacle to dam removal. Bill Clark / Roll Call / Getty Images
In the summer of 2013, after multiple years of stagnation in Congress, Oregon Democratic Senator Ron Wyden held a public hearing on the Klamath deal in an attempt to generate some forward momentum. Mitchell, Hillman, and Troy Fletcher of the Yurok Tribe came to Washington to testify in support of the deal and urge legislators to pass it.
“We hope that you will work with us to make sure that [the settlement] gets passed,” said Fletcher in his impassioned remarks to the Senate natural resources committee. “People have got to move off their entrenched positions.”
Part of the reason for Walden’s resistance to moving the agreement through the House was that the landmark Klamath agreement, which brought together dozens of parties, was still not inclusive enough for his tastes. The settlement, he said, had left a number of groups out, including local residents who lived around the dams. Most important to him were a small group of farmers and ranchers that worked land upstream of Upper Klamath Lake and had walked away from initial settlement talks.
In an attempt to satisfy Walden, Oregon’s governor deputized Richard Whitman, the state’s lead environmental official, to work out a separate deal that would resolve a water conflict between these farmers and the Klamath Tribes. Over the next two years, with the other campaigners waiting in the background, Whitman dutifully managed to negotiate an irrigation settlement the holdouts could accept.
Walden praised the settlement and suggested he would help push through the broader Klamath deal, including the dam removal, according to Whitman. Then he never did.
“Congressman Walden refused to move legislation notwithstanding that we had satisfied his conditions,” said Whitman. “He never lived up to that commitment.”
Walden said he did not recall making this commitment to Whitman and defended his engagement on the settlement. He said that even if he had backed the settlement, it would never have made it through Congress with a dam removal provision. There were a slew of dam supporters in charge of House committees at the time, and since 2013 Walden’s counterpart on the California side of the basin had been the far-right Doug LaMalfa, a former rice farmer and stalwart supporter of western agriculture. LaMalfa was dead-set against the dam removal agreement, and his constituents were on his side — residents of Siskiyou County, California, which was home to three of the dams, had voted 4-to-1 against dam removal in a symbolic local referendum.
“It just hit a brick wall, and that brick wall was just the realities of control of Congress,” said Walden. “I kept saying … ‘I realize you want to blame me, but tell me the path.’”
As the extended deadline got closer, Fletcher, Mitchell, Hillman and other dam removal advocates escalated their pressure campaign. They held a rally in Portland, boosted an anti-dam campaign in Brazil, and organized countless meetings between irrigators, tribal leaders, and elected officials. But nothing happened in Congress. When Senator Wyden introduced a Klamath bill in the Senate in early 2015, with just months to go until the settlement expired, it went nowhere, failing to secure even a hearing in the chamber’s energy committee.
“In my lifetime, I’ve seen moments where Congress could really do bipartisan stuff, and try to really solve problems,” said Chuck Bonham, who participated in Klamath negotiations first as a lawyer for the fish advocacy organization Trout Unlimited, and later as California’s top fish and wildlife official. “When the negotiations started, that was the prevailing theory. By the time we got there, that was impossible.”
X.
By the start of 2015, campaigners had been trying to pass the settlement for almost five years. Senior officials at the Department of the Interior, which had brought the deal together under the Bush administration, were desperate to get something through Congress before the uncertainty of the following year’s election.
That fall, then-Interior Secretary Sally Jewell and longtime Interior lawyer John Bezdek decided to try a last-second gambit. They conveyed to Walden they would support a broader Klamath settlement bill without a dam removal provision. The bill would provide hundreds of millions of dollars to restore the river and settle the water conflict between the Klamath Tribes and the farmers, and it would even preserve the Klamath Tribes’ land restoration agreement — but it would allow the dam agreement to expire, leaving the basin with no guarantee that PacifiCorp’s dams would come down.
”We couldn’t let the perfect be the enemy of the good,” Jewell said.
Meeting with Bezdek in a side room in the U.S. Capitol, Walden again sounded an optimistic note. If the dam removal mandate disappeared, he thought the rest of the settlement could pass, despite hesitance from other Republicans. But it took him until the final month of 2015 to introduce a settlement bill, and that bill stood no chance of passing — it opened up thousands of acres of federal forest land to new logging operations, a carve out that Democrats and Indigenous nations dismissed as unacceptable. The bill went nowhere.
Walden said he didn’t remember the specific conversation with Bezdek, but said he thought his final bill had a chance of passing.
“This one got away,” he said. “I couldn’t figure out how to do it.”
Mist rises after a rain at Blue Creek, a tributary of the Klamath River in California. The creek is the first spawning place for salmon that arrive from the Pacific Ocean and is a sacred place for the Yurok Tribe and other Indigenous communities in the Klamath basin. Brian van der Brug / Los Angeles Times / Getty Images
With the settlement’s expiration imminent, the fragile coalition that had come together around the dams’ removal began to fall apart. Leaders from the Yurok, Karuk, and Klamath Tribes had put decades of work into the negotiations, and some tribal leaders, like Fletcher, had made removing the dams their life’s work. Watching all that progress vanish due to Congress’s inaction felt like an echo of previous betrayals.
“There was a sense of extreme frustration, because these agreements were very difficult to negotiate,” said Amy Cordalis, a Yurok Tribe member who came on as its lead counsel in 2014. Cordalis had decided to go to law school after witnessing the mass die-off of salmon on the river in 2002. Most of her work since then had led up to this moment, and now it was about to vanish.
In September of 2015, the leadership of the Yurok Tribe announced that it was withdrawing from the Klamath deal, essentially dooming the watered-down agreement. In a press release, the tribe said that the “benefits of the agreements have become unachievable.” The Karuk and Klamath tribes said they would follow suit by the end of the year if Congress didn’t act.
A few weeks after Yurok leadership announced they were pulling out of the deal, Yurok Tribe biologist Mike Belchik met up with Fletcher on a scorching day while the Yurok director was hitting golf balls. Belchik was frustrated with Fletcher for abandoning the deal, but Fletcher was adamant that the move was a strategic maneuver designed to bring everyone back to the table.
“The dam removal deal won’t die,” he told Belchik. “It’s got too much life in it. It’s going to happen.”
Two weeks later, during a meeting on Klamath water issues on the Yurok reservation, Fletcher suffered a fatal heart attack. His sudden death at age 53 was a blow not only to the Yurok Tribe but to the entire Klamath Basin: The breakthrough deal to restore the river was no more, and the man who had done so much to bring it together was gone.
“It was just such a terrible shock, it was awful,” said Belchik, who had spent countless hours with Fletcher — driving to and from PacifiCorp meetings, playing poker and golf, and strategizing about how to bring the dams down.
“He really in a lot of ways gave his life to Klamath dam removal and to the river,” said Cordalis.
XI.
With Fletcher gone and Congress having failed to pass the settlement into law, it seemed like there was just one strategy left for the Klamath, albeit one that negotiators had rejected a decade earlier.
PacifiCorp’s overriding priority was that some other entity — any other entity — take responsibility for demolition of its dams, allowing the company to avoid legal liability for the removal process. The Klamath settlement deal had come together around the appealing idea that the federal government would be that entity — having the Interior Department take the dams down had always made the most sense, given the federal government’s sheer size, expertise, and funding.
As Congress stalled, longtime dam opponent and tribal counsel Richard Roos-Collins thought back to the early days of the settlement talks. He had been involved in Klamath negotiations for more than 10 years, and had been one of the tribes’ only representatives at the tense West Virginia talks back in 2008. He recalled that, during those early stages, before the Bush administration had signed on to the deal, environmental groups had proposed that PacifiCorp transfer the dams to a new corporation run by the tribes or by the states — essentially a holding company that would accept the dams only to destroy them using money from PacifiCorp and the states.
At the time, PacifiCorp had rejected the idea as ridiculous and unproven, and negotiators had given up on it, putting their hopes in the Interior Department. But Roos-Collins remembered that a group of environmentalists and local organizations in Maine had created a nonprofit trust to purchase two dams on the Penobscot River back in 2004. The trust had since destroyed those dams, reopening the river for fish migrations. He thought there might be a chance that the same idea could work with PacifiCorp: The utility would apply to the Federal Energy Regulatory Commission for permission to transfer the hydroelectric dams to a nonprofit entity, and that nonprofit would take them down, shielding PacifiCorp from liability and costs.
It was still an outlandish plan. The Klamath dams were several times the size of the ones in Maine, and far larger than any other dams that had ever come down in the United States. FERC had a history of support for hydropower, and there was no way to know if it would endorse the idea of demolishing an active power facility if the Interior Department wasn’t the one doing it. Neither the states, the tribes, nor the environmental groups wanted to take ownership of the dams, which meant the “removal entity” would have to be a bespoke nonprofit created for that express purpose.
“There was resignation, and kind of a demoralization, that was, ‘Well, we only have one option left, and that is FERC,’” said Chuck Bonham, who had helped negotiate the original settlement at Trout Unlimited and was now the lead Klamath negotiator for the state of California.
PacifiCorp executives worried the system was a Trojan horse to keep the utility involved: If the process cost more than projected, would the dam removal entity come back to the company for more money? If the sediment that got released from behind the dams turned out to be toxic enough to kill off downstream wildlife, would lawsuits drive the removal company into bankruptcy? Federal, state, and company negotiators went back and forth over the details for months toward the end of 2015 as the settlement fell apart in Congress. They made little progress.
Remembering his meeting with Fletcher back in 2008, when Fletcher demanded that the Bush administration bring PacifiCorp to the table on dam removal, Interior lawyer John Bezdek called another closed-door meeting at the same remote site in Shepherdstown, West Virginia. Once again, he bartered with PacifiCorp official Andrea Kelly late into the night, pushing her to endorse the idea of transferring ownership of the dams. She refused to commit: The proposal left PacifiCorp too exposed to liability.
As Kelly and Bezdek debated utility law, they grew increasingly frustrated. After dinner one evening, the two got into an argument and stormed off to their respective dormitories, fed up with one another.
“I actually thought for sure it was done,” Bezdek said. “I went back to my room, and I called my wife, and I said, ‘I think it’s done. I don’t think we can get there.’”
Some time after midnight, Bezdek got a call from Kelly, who couldn’t sleep either. They threw on their coats, met on a bench outside the dormitories, and started talking again. Bezdek emphasized that the entire Klamath Basin, from the tribes to the farmers, had come together in the belief that the dams needed to go. It was time for PacifiCorp to do the same; the fight would never be over until the company let go.
By the time the sun came up, Kelly had agreed to the new plan. California and Oregon would endow a joint nonprofit dedicated to the dams’ removal, and PacifiCorp would apply to FERC for permission to transfer the dams to that nonprofit. Bezdek took the agreement to his boss at Interior, Sally Jewell, who approved it. There was no need, with this new arrangement, to get Congress involved.
Walden said he wishes he had known it was possible for the dam removal to take place without Congress’ involvement. If he had, he said, he would have pushed to pass the rest of the Klamath settlement and advocated for the FERC path toward dam removal, potentially saving the settlement and speeding up removal by several years.
“Had I understood that, dam removal would never have been a federal issue, because it didn’t need to be, and we might have been able to find a different solution,” he said. “That’s my fault.”
A few months after the second Shepherdstown summit, on a hot April day at the mouth of the Klamath River in Requa, California, tribal leaders gathered with Jewell, Bezdek, and the governors of California and Oregon to celebrate the revived dam removal agreement. They signed the documents on a traditional Yurok fish-cleaning table, a long white plank of stone that tribal members had cleaned for the occasion. Then the dam removal advocates took the group on a boat up to Blue Creek, the same part of the river where the devastating fish kill had occurred in 2002.
U.S. Interior Secretary Sally Jewell, center, poses with representatives from California, Oregon, PacifiCorp, and the Yurok and Karuk tribes at an event in April of 2016. The federal government, the states, and PacifiCorp agreed in 2016 to pursue dam removal through an alternative path after Congress failed to ratify an earlier settlement agreement. U.S. Department of the Interior
There was a notable absence: Jeff Mitchell of the Klamath Tribes was not part of the celebratory photo op at the fish table. There was still a path toward dam removal, but the broader Klamath settlement had died in Congress, dashing hopes for a water accord between the Klamath Tribes and the irrigators. The Klamath Tribes did not sign the amended dam removal agreement because it did not have the same protections for their treaty rights as the original deal.
“I wish that we would’ve been able to work through that,” Mitchell said. “The price that we paid for that was pretty, pretty deep — pretty, pretty big price — because it took us away from the table.”
For the other tribal leaders who had been fighting for dam removal, the day felt momentous.
“I was naively stoked,” said Amy Cordalis. To her, the memory of the dead salmon was still fresh, even 15 years later — she could still smell the rotting flesh. It had been a moment of clarity of her life’s purpose.
“I felt like my great-grandmother, who had passed away when I was 6, came to me and was like, ‘You need to make sure that this never happens again,’” she said. Cordalis was part of a new generation of tribal leaders and their allies who were determined to carry on the fight.
But neither Sally Jewell, nor the governors of California and Oregon, nor the tribal activists knew whether or not FERC, a government body that operates independently of the presidential administration, would accept the new transfer proposal. It would take years to refine the details of the new agreement, and it was far from certain that the coalition would hold together: Not only was Fletcher gone, but PacifiCorp’s Kelly was about to retire. Bezdek was about to leave the negotiations as well, since the Interior Department would no longer have direct involvement in the dam removal.
More than a decade after the fight to remove the Klamath dams began, none of the campaigners could have known that the new agreement would next have to survive a global pandemic.
Part 4
Blue Creek
XII.
Amy Cordalis was on maternity leave, but she spent her days on phone calls and in Zoom meetings. The deal to remove the four Klamath River dams, which had inspired her life’s work for nearly two decades, was falling apart. Again.
It was late summer 2020, just months after the COVID-19 pandemic forced massive shutdowns across the globe. Millions of people were out of work and more than 100,000 people in the United States alone had died from the novel coronavirus. On the Yurok Tribe’s reservation in northern California, the nation had closed all government offices and schools and barred nonessential visitors from entry. A record-setting wildfire season heightened the community’s challenges, as thick wildfire smoke turned the sky orange and made every hour feel like dusk. Swaths of forest in the Klamath Basin burned.
Cordalis’ days were a blur of blur of breastfeeding, interrupted sleep, and troubleshooting her newborn’s cries. But when she learned that the dams’ owner, PacifiCorp, was threatening to pull out of the agreement to transfer its dams to a state-backed entity for demolition, she knew she needed to return to her role as the tribe’s lawyer.
For four years, Cordalis and other tribal attorneys had been working on finalizing PacifiCorp’s dam removal plan with FERC, the Federal Energy Regulatory Commission. But the agency’s makeup had changed after Donald Trump was elected president in 2016. The new commissioners decided that PacifiCorp, and the states that the Klamath ran through, needed to put up more money to fund dam removal on top of the $450 million they had already pledged. The commission also contended the company needed to keep its name on the dam licenses — a requirement PacifiCorp had long rejected, fearing it would subject the utility to potential lawsuits if anything went wrong during removal.
“Here we go again,” Cordalis thought.
Without PacifiCorp, the tribes would have to restart the relicensing process they’d been pursuing in the early 2000s.
The process had gone on so long that many of the people at PacifiCorp and in the federal government who had negotiated the original 2016 deal were no longer around. That left Richard Whitman and Chuck Bonham, the lead environmental officials for Oregon and California, to try to hold together the collapsing dam removal settlement. The two bureaucrats raced to come up with a new legal arrangement that would satisfy both FERC and PacifiCorp, even offering more money from their two states for dam removal if the company would match it. But PacifiCorp refused to give any more than the $200 million it had already promised. California Governor Gavin Newsom even wrote an open letter to Warren Buffett, head of Berkshire Hathaway, and urged him not to pull out of the deal, but the company’s position did not change.
In a last-ditch effort at diplomacy, leaders of the Yurok Tribe, Karuk Tribe, and Klamath Tribes emailed Buffett to invite him to the Yurok reservation to talk. Buffett declined, but he agreed to send a cadre of his top executives, including Greg Abel, vice chairman of Berkshire Hathaway and former CEO of Berkshire Hathaway Energy; Bill Fehrman, the president and CEO of Berkshire Hathaway Energy; Stefan Bird, the CEO of PacifiCorp’s power plant unit; and Scott Bolton, a PacifiCorp vice president. The Yurok Tribal Council passed a resolution to open the COVID locked-down reservation just for the executives.
Cordalis and the others came up with a plan for the meeting: They would take the executives up to Blue Creek — the southernmost cold-water tributary on the Klamath, the first stop for salmon heading upstream, and one of the most precious places on the river. There, they would persuade them to re-sign the deal. It would’ve been easier to meet at the reservation’s hotel, but they felt like they needed to do more to win over company officials. The executives needed to see the kind of ecosystem that the dams had destroyed.
The executives agreed to go up the river.
XIII.
Chook Chook Hillman, a Karuk Tribe citizen, knew Berkshire Hathaway well. He had been 23 years old when he confronted Warren Buffett at the 2008 Berkshire shareholders’ meeting in Omaha. Company representatives had come to his house in California and asked him to stay away from the annual gatherings while PacifiCorp hashed out the details of the dam settlement.
Chook Chook and other activists had toned down their Omaha protests slightly after that. But they remained committed to their goal, forming a group called the Klamath Justice Coalition. “Direct action is the logical, consistent method of anarchism,” they wrote on their Facebook page, quoting the Lithuanian-born author and anarchist Emma Goldman, who embraced confronting injustice with uncompromising force.
While tribal officials negotiated with federal bureaucrats in conference rooms, Chook Chook and other activists trained youth in nonviolent direct action and spoke at public hearings about Klamath water issues. In 2014, several members even flew down to Brazil to show solidarity with Indigenous peoples of the Amazon fighting against the construction of a dam.
Chook Chook Hillman, a member of the Karuk tribe, sits along the banks of the Klamath River. Hillman and a group of other young Indigenous activists spent years pushing PacifiCorp and its parent company Berkshire Hathaway Energy to remove the dams on the Klamath. Gillian Flaccus / AP Photo
By 2020, Chook Chook was 35 with a family of his own, and had spent countless hours bringing his kids to meetings and protests over the years. He was not about to let the dam removal deal fall apart. Tribal leadership had not invited him and his fellow Klamath Justice activists to the meeting on the river, a move that Chook Chook saw as an attempt to appease Berkshire’s executives. But he knew when and where the meeting on the river would take place, and that was information enough. They decided to make their presence known, invitation or not.
“They’re not going to meet with us as people, then we’ve got to do what we got to do,” he said.
The executives’ planned tour of the river immediately went awry. Just a quarter-mile into their trip to Blue Creek, the boat carrying Cordalis and some of the masked-up Berkshire Hathaway executives broke down, right in front of Cordalis’ family fishing hole. Another boat carrying PacifiCorp executives Bird and Bolton as well as Yurok biologist Mike Belchik ran aground in shallow waters and started overheating. Both groups had to hop in other Yurok tribe boats in order to continue up the river.
After another mile and a half, they were forced to stop again: The river was blockaded by protestors from the Klamath Justice Coalition who had draped a rope across it and stood in their boats holding signs saying, “Undam the Klamath.” Balanced defiantly on their boats, the activists put themselves face-to-face with Abel, Fehrman, and the other Berkshire and PacifiCorp executives.
Chook Chook’s son approached the executives first. The 11-year-old handed them a white flag. Chook Chook reminded them that his son had been just a week old when PacifiCorp executives first visited and promised to remove the dams.
“We’ve kept up our end of the bargain, we’ve given you 11 years to do it,” Chook Chook said. “I don’t know what you guys are going to decide at your meeting, but what needs to happen, has to happen. We don’t have any more time.”
Activists handed Fehrman a jug filled with foul-smelling river water. “Take the lid off and smell it,” said Annelia Hillman, a Yurok Tribe citizen and Chook Chook’s wife at the time. The Berkshire executive opened the bottle and sniffed the algae-tainted water.
PacifiCorp executives smell a bottle of toxic algae-infused water taken from the Klamath River during a standoff with Klamath Justice Coalition activists in 2020. Courtesy of Sammy Gensaw III
“Our fish are drinking that,” said Dania Rose Colegrove from the Hoopa Valley Tribe. “They have to swim in that.”
“We understand that’s a challenge,” one of the executives replied. Sammy Gensaw III, one of the Yurok youth activists, implored the executives to understand the stakes.
“This isn’t just about the Klamath River. What goes down in the Klamath Basin will be echoed throughout generations,” Gensaw said. “The rest of history will look at the decisions that we make here today.”
Gensaw’s younger brother, Jon Luke Gensaw, spoke next. “If this doesn’t end, you’re going to see more of us,” he said, surrounded by hundreds of people from all of the Klamath’s tribes. “I take my mask off because I want you to remember my face, because you’ll see me again.”
Frankie Myers, the vice chairman of the Yurok Tribe, who was on the boat with the executives, reminded the younger activists that the tribal leaders shared their goals, and that they had a schedule to keep with the company. Myers’ father, Dickie, had been one of the original dam removal campaigners who had traveled to Scotland more than a decade earlier. Chook Chook and the others felt they had made their message clear, and decided to let the executives through.
“We’re sorry we had to do this, but you know, this is what we do,” Colegrove said as they parted. “We didn’t get invited to the meeting, so we invited ourselves. You have to hear the people — it’s just how it is.”
‘What goes down in the Klamath Basin will be echoed throughout generations.’
The executives and tribal leaders finally made their way to Blue Creek. Myers urged them not to abandon the deal, and Cordalis presented an offer from the states and tribes to provide additional insurance and funding. Abel and the other PacifiCorp executives agreed to take a term sheet from the tribal campaigners, and responded to their entreaties politely, but they did not commit to meeting FERC’s new demands.
It was a beautiful day: Salmon were swimming in the cool waters, and a bald eagle flew over Abel as he defended the company’s position. Tribal leaders could not have picked a more serene place to make their case for what was at stake, but PacifiCorp didn’t concede. After lunch, the group drove their boats back to the reservation and thanked the executives for coming. At the Yurok Tribe’s debriefing meeting, the disappointment was so profound that some broke down in tears.
But a few days later, Cordalis got a call from Bill Fehrman, the Berkshire Hathaway Energy executive who had gone to Blue Creek. The voice on the other end of the line said something that stopped her in her tracks.
“Let’s talk, we need to get the dams out,” Fehrman said, according to Cordalis’ recollection.
A few months later, PacifiCorp and the two states announced that they had come to an agreement: The company and the states would each provide an additional $15 million, helping meet FERC’s demand for backup cash, and California and Oregon would add their names to the dam licenses, resolving the company’s demands about liability. Those two moves were enough to appease FERC once and for all.
For Cordalis, for Leaf Hillman, and for Jeff Mitchell, the fight was over at last. The dams were coming down.
XIV.
In January of 2024, almost a quarter-century after the dam removal campaign began in earnest, construction crews began draining the reservoir behind Iron Gate Dam, the southernmost dam on the Klamath River. The official dam removal had begun the previous year with the dismantling of Copco 2, which was by far the smallest of the four dams, but the emptying of Iron Gate marked the real beginning of the end.
Belchik arrived early to watch the moment with Cordalis, who had wanted to get there at sunrise to pray. As Belchik waited for the drawdown to proceed, he noticed the group of PacifiCorp executives standing nearby. He thought they looked a little forlorn. Belchik approached one of them and started a conversation.
The executive revealed to Belchik what had happened after the trip to Blue Creek, which many campaigners had seen as the final blow for dam removal. After the executives boarded their company jet and left the river behind, Greg Abel, the vice chairman of Berkshire Hathaway, had turned to his employees and said that they needed to figure out how to get the dams off of the river.
Belchik had never understood until that moment why the company had made such an abrupt about-face, but now it made sense to him. “Blue Creek changes people,” he said. At the start of the dam removal campaign, Ronnie Pierce had berated PacifiCorp executives for not knowing where the waterway was, and 20 years later, the company’s leaders had fallen under its spell.
Leaf Hillman, left, hugs his family as construction crews remove the final portion of Iron Gate Dam, the lowest dam on the Klamath River, in August 2024. The river flowed freely in 2024 for the first time in more than a century. Carlos Avila Gonzalez / San Francisco Chronicle / Getty Images
In a statement, a representative for PacifiCorp said the company “remained steadfast in its goals to come to a resolution agreeable to all parties and reach the ultimate successful outcome.”
The dam removal process took the better part of last year. The first step was for engineers to drain all the reservoirs behind the Klamath dams, sending millions of tons of long-stagnant sediment downstream toward the Pacific. As crews opened these dams one by one, the river grew cloudy and brown before clearing up again. Demolition teams then used 800 pounds of dynamite to blast apart Copco 1, hauling away the wreckage with bulldozers. They carved apart the earthen mass of J.C. Boyle, the highest dam on the river and the closest to the Klamath Tribes, dismantling it one scoop of dirt at a time. They started to break apart Iron Gate, the downstream dam closest to the Yurok reservation and the last barrier to salmon passage.
Only then, in the fall of 2024, did tribal leaders get to watch the Klamath flow uninterrupted once more. The water tumbled downstream, from Upper Klamath Lake, where Jeff Mitchell had first joined his tribal government in 1975 and where the C’waam and Koptu suckerfish swam through placid water, to the forested mountainsides of the Yurok Tribe, where Cordalis had watched fish die in 2002 along the warm, weak waters of the lower river. From there, the Klamath wound to the vastness of the Pacific, where the salmon were waiting to come home.
Part 5
Homecoming
XV.
Last November, two months after the final dam fell, Jeff Mitchell heard that salmon were spotted in Spencer Creek along the upper Klamath River in Oregon. He drove to the creek, which fed into the river just upstream from where the concrete behemoth of J.C. Boyle Dam had once stood.
Staring into the shallow Klamath River waters, Mitchell couldn’t see any salmon at first. Then he spotted a few carcasses resting on the bottom of the river. Anyone else might have been disappointed to find only dead fish. But to Mitchell, it felt like a glimpse of the salmon completing their life cycles after spawning, resting peacefully in an area that for so long had been denied to them.
“They’re telling me that they have come home,” he said. “And they also told me that there is work to do.”
Here was a shift, a tangible correction, to more than a century of theft, injustice, and cultural and environmental harm. Just a few weeks after the dams came down, salmon arriving from the Pacific had pushed through the reconnected river and returned to the frigid upstream tributaries that had been closed to them for decades, navigating the same rills and rapids that their ancestors did. Yurok Tribe members captured videos of spotted gray fish dashing and flopping back and forth in the reopened waterways. The waters of the Klamath, which had been depleted and laden with algae and parasites, were now flowing free, replenishing their formerly barren channels. For the first time in more than a century, the fish were spawning their eggs in a reopened river.
The fight to undam the Klamath only succeeded thanks to the tenacity of the tribes in the Klamath Basin. But it took thousands of people to make it happen — everyone from fish scientists and Bush administration bureaucrats to utility executives and environmental activists.
Many of these people may never be recognized for their roles in the campaign, but their contributions were essential. These were people like Kathy Hill, a Klamath Tribes citizen who coined the slogan, “Bring the salmon home,” that became the campaign’s rallying cry; Ron Reed, a Karuk Tribe member who had sought to persuade PacifiCorp executives of the cultural importance of salmon; and environmentalists like Kelly Catlett, who attended that first campaign meeting in Redding in 2004, and Glen Spain, who supported the agreement on behalf of deep-sea commercial fishermen.
Countless staffers working behind the scenes in tribal, state, and federal governments, as well as environmental organizations like Trout Unlimited, helped ensure the dam removal agreement survived when politicians and executives threatened to kill it. Many people who were critical to the cause never lived to see the dams come down, like Howard McConnell, a Yurok Tribe chairman, and Elwood Miller of Klamath Tribes — or Ronnie Pierce and Troy Fletcher, who had started the campaign.
Today there is a new generation of tribal members — some of them the children and grandchildren of the original dam removal advocates — who are stepping up to be stewards of the river. They are drawing their inspiration from the success of the dam removal campaign, a victory as significant as the derailment of the Keystone XL pipeline proposal.
“It just wouldn’t have happened if the Indigenous people didn’t have that vision,” said Amy Cordalis of the Yurok Tribe.
But to Mitchell, now 67, the victory is bittersweet. Throughout the past 25 years, the Earth has grown warmer, and water is becoming scarcer. He isn’t sure how he feels about passing down the responsibility for protecting the fish to his children and grandchildren. He and his fellow campaigners freed the river from the PacifiCorp dams, but they weren’t able to protect it from the ravages of climate change and water scarcity.
“Honestly, I just want them to enjoy this land and enjoy life,” he said. “I didn’t want to have to have them fight like I had to fight.”
Young members of the Yurok Tribe gather at the mouth of the Klamath River, where it meets the Pacific Ocean. The tribe is working to restore the land around the old dam sites and monitor salmon populations as they return upstream. Michael Macor / The San Francisco Chronicle / Getty Images
The Klamath River Basin has no shortage of challenges, even with the dams down. The former reservoir land will have to be replanted and preserved, which will require years of stewardship by the Yurok and Karuk tribes. The waters of Upper Klamath Lake in Oregon are still contaminated with runoff from farms and ranches in the area, and the lake often sees toxic algal blooms like those that once occurred in the PacifiCorp reservoirs. Relationships between farmers and tribal communities are back to being “tenuous,” according to a lead advocate for the Klamath farmers, and the comity established between Troy Fletcher and Greg Addington has long since faded.
The biggest remaining conflict on the river is over water, the same issue that supercharged the dam removal campaign after the 2002 fish kill. The U.S. Bureau of Reclamation still controls a large dam and canal system at the top of the river, which it uses to deliver irrigation water to potato farmers in the Klamath. During dry years, the bureau must choose between leaving water in Upper Klamath Lake for C’waam and Koptu suckerfish, releasing it to the farmers, or letting it flow down the Klamath River for the salmon to swim in.
Dam removal took PacifiCorp out of the Klamath and opened up hundreds of miles of former salmon habitat, but it did not resolve the question of where the government should send water during years when there is not enough of it. That was the promise of the original Klamath settlement agreement, which died in Congress owing to inaction from former Oregon Representative Greg Walden and other Republican leaders.
Neither farmers nor tribal nations are benefiting from this stalemate. Recent water shortages, which have been intensified by climate-fueled drought, have forced farms in the basin to downsize crop production. Populations of C’waam and Koptu have shrunk as well, despite restrictions on water deliveries to Klamath Basin farmers. Klamath Tribes and the Yurok Tribe are still in the middle of long-running fights over this water crisis. The Klamath Tribes want to protect rights to water from Upper Klamath Lake, and Cordalis and the Yurok Tribe are trying to compel the government to ensure endangered salmon always have enough water to swim upstream, even if it means cutting irrigation for farmers.
“We have been spending millions and millions and millions of dollars [on the lawsuits] and neglecting other areas that we need to be paying attention to to help our people,” said Mitchell. “But we understood and knew that if we didn’t fight this fight, we could lose all of our resources. Everything needs water. And all we wanted was enough water.”
Mitchell isn’t sure how long it will take to resolve these cases, or whether he’ll live to see them come to a conclusion. As he sees it, the outlook for the river is grim: With Donald Trump in office again and already moving to gut the Endangered Species Act, it’s possible that the suckerfish in Upper Klamath Lake may fall even closer to extinction. Farmers and tribes reached an agreement under Joe Biden’s administration to restore degraded river ecosystems, but that agreement depends on funding from the Inflation Reduction Act that Trump may withhold.
But nothing, not even the Trump administration, can put the PacifiCorp dams back up on the Klamath, or take away the victory that the dam removal campaigners achieved. The precedent has been set: For more than a century, governments and private utilities built dams with impunity, blocking forest streams from the mountains of Appalachia to massive waterways like the Colorado River. Today, Indigenous youth are planning to paddle the full length of the Klamath River for the first time.
The dam removal is a victory in itself, but it also ensures that tribes will never stop fighting for the Klamath and other rivers like it, said Cordalis. That will be true no matter how many setbacks they face.
“Dam removal is just the beginning,” she said.
Credits
This story was reported and written by Anita Hofschneider and Jake Bittle. Illustration was done by Jackie Fawn, with art direction and design by Mia Torres. Development by Parker Ziegler. Meredith Clark handled fact checking.
The project was edited by Tristan Ahtone, John Thomason, Katherine Lanpher, and Katherine Bagley. Teresa Chin provided design edits. Jaime Buerger managed production. Megan Merrigan and Justin Ray handled promotion. Rachel Glickhouse coordinated partnerships.
About the Artist
Jackie Fawn (Yurok/Washoe/Filipina) is a graphic illustrator from Del Norte County, California. She currently lives in Akwesasne, Mohawk territory in New York with her husband and daughter.
At 17 years old, Jeff Mitchell couldn’t have known that an evening of deer hunting would change his life — and the history of the Klamath River — forever.
Over Thanksgiving week in 1974, Mitchell and three friends were driving home to Klamath Falls, Oregon, when their truck hit black ice, careened off the road, crashed into a ditch, and rolled over violently, throwing Mitchell from the vehicle and knocking him unconscious. When he woke up, Mitchell’s leg was pinned underneath the pickup truck, and he could feel liquid pooling around him. At first he thought it was blood. Then he smelled the gasoline. A concerned bystander walked up to him with a lit cigarette in his mouth. “My god, I’m going to burn up,” Mitchell thought. The crash put two of his friends in comas, while the third had emerged unscathed.
If not for the black ice that nearly killed him, Mitchell might never have helped launch one of the biggest victories for Indigenous rights and the contemporary environmental movement in North American history: the demolition of four hydroelectric dams on the Klamath River, a degraded 263-mile waterway that winds through Mitchell’s ancestral homeland and that of four other Indigenous nations. He might never have witnessed the fruit of that victory, the largest dam removal in United States history, when nearly 1.5 million cubic yards of earth and concrete finally came down in October of last year, more than 100 years after the first dam was built. He might never have seen the restoration of one of the largest salmon runs on the West Coast, an event that set a profound new precedent for how the U.S. manages its water.
As climate change causes more extreme swings between wet and dry weather, straining scarce water resources and threatening the survival of endangered species, it has forced a reckoning for the thousands of dams erected on waterways across the country. These dams were built to produce cheap power and store water with little regard for Indigenous rights or river ecosystems, and they continue to threaten the survival of vulnerable species and deprive tribes of foodways and cultural heritage — while in many cases only providing negligible amounts of electricity to power grids. For decades, Indigenous peoples and environmentalists have highlighted how these structures destroy natural river environments in order to generate electricity or store irrigation water, but only recently have state politicians, utilities, and bureaucrats begun to give serious credence to the notion that they should come down.
The Copco 1 dam on the Klamath River outside Hornbrook, California. The construction of four hydroelectric dams on the Klamath degraded hundreds of miles of salmon habitat. Jeff Barnard / AP Photo
The removal of the four dams on the Klamath, which were owned by the power utility PacifiCorp, represents the first real attempt at the kind of river restoration that Indigenous nations and environmentalists have long demanded. It is the result of an improbable campaign that spanned close to half a century, roped in thousands of people, and came within an inch of collapse several times. Interviews with dozens of people on all sides of the dam removal fight, some of whom have never spoken publicly about their roles, reveal a collaborative achievement with few clear parallels in contemporary activism.
The fight began, however improbably, with Mitchell’s accident.
After several surgeries, he found he couldn’t get to his university classes on crutches, so he moved back home to Klamath Falls. Not knowing what else to do, Mitchell, an enrolled citizen of the Klamath Tribes, trained to be a paralegal and began attending council meetings for his tribal government. His job was to take notes during meetings at the tribe’s office, a repurposed beauty shop in the town of Chiloquin along the Klamath River.
But a year later, a resignation on the tribal council thrust Mitchell into the leadership body. Suddenly, the 18-year-old was a full-fledged tribal council member, setting policy for the entire nation and getting a crash course in Klamath history.
“I wanted answers,” he said. “I wanted to know why my homelands were gone.”
The free-flowing Klamath River near Orleans, California, before the construction of the hydroelectric dams. The power utility that built the dams promised to provide passage facilities for salmon but never built them. Nextrecord Archives / Getty Images
The Klamath, Modoc, and Yahooskin-Paiute tribes had been forced to cede 22 million acres of land to the United States in 1864, after settlers violently claimed their territory. The 1864 treaty established a 2.2 million-acre reservation in what is currently Oregon and secured the tribes’ fishing, hunting, and trapping rights, but that reservation got whittled down further over the years due to fraud and mistakes in federal land surveys.
By 1954 — three years before Mitchell was born — the Klamath Tribes no longer existed on paper. In the 1950s and 1960s, the United States “terminated” the Klamath and more than 100 other tribes. The bipartisan termination movement aimed to assimilate Indigenous peoples by eliminating their status as sovereign nations, removing their land from federal trusts, and converting tribal citizens into Americans. Much of what remained of the Klamath’s ancestral homelands was taken by the federal officials and turned into national forests or sold to private interests.
By the time Mitchell joined the tribal council in 1975, the Klamath Tribes were about to head to court, arguing that the federal government’s termination policy had no effect on their fishing, hunting, or trapping rights. They were also fighting for their rights to Klamath River water. “Marshes were drying up because water was being taken and diverted,” Mitchell said. “We had to protect water rights so we could protect fish and animals and plants and other resources that we depended on.”
The Klamath River had once hosted one of the West Coast’s largest salmon runs, with thousands of adult Chinooks swimming upstream every autumn. But in 1911, a local power utility called the California-Oregon Power Company began to build a hydroelectric dam along the river, erecting a 10-story wall of tiered concrete that looked like the side of a coliseum. Over the next few decades, the company built three more dams to generate added power as its customer base grew in the farm and timber towns of the Pacific Northwest.
Together these four dams blocked off 400 miles of the Chinook salmon’s old spawning habitat, depriving them of access to the rippling streams and channels where they had once laid eggs in cool water. Before the dams, nearly a quarter of the Klamath Tribes’ diet came from wild salmon.
“In a blink of an eye, you’re talking about losing one-quarter of all your food source,” Mitchell said. “I just sit back and think, It must have been one hell of an impact on my people.”
Jeff Mitchell got his start as a paralegal-in-training before joining the Klamath Tribal Council in 1975. Courtesy of Jeff Mitchell
In 1981, six years after Mitchell joined his tribal council, a report crossed his desk, which had been relocated from its makeshift beauty parlor digs to those of an old movie theater. The study, conducted for the federal Department of the Interior, provided official confirmation for what Indigenous leaders and tribal members already knew: The dams were responsible for the missing salmon.
“Although the builders of the dam promised to provide fish-passage facilities, none were built,” the report read. “There is no evidence that any consideration was given to the fish loss suffered by the Indians of the Klamath Indian Reservation despite continued protests by the Indians and by officials of the Bureau of Indian Affairs on behalf of the Indians.”
The Klamath Tribes were still busy in court defending their water rights, and they were making headway in their fight to regain their status as a federally recognized tribe. When Mitchell discussed the report with other tribal council members, they agreed that they probably had grounds to sue either the utility that built the dams or the federal government that allowed construction to happen. But suing over the missing salmon would mean spending money that the nation didn’t have.
So Mitchell filed the report away and moved on with his life. He got married, had kids, and the Klamath Tribes regained their federal recognition in 1986. Government services like health care and housing were rebuilt from the ground up, and the tribes successfully gained endangered species protections for two Klamath Basin suckerfish that were critical to tribal tradition. But the river’s water quality continued to decline, and the Klamath Tribes continued to fight for its water rights in the court system with no end in sight.
By the turn of the century, Mitchell was in his 40s and serving as tribal chairman. It was then that he received a letter from PacifiCorp, the company that had absorbed the California-Oregon Power Company and now owned the dams: Would the Klamath Tribes like to join meetings to provide input on the company’s application for a new dam license?
Mitchell didn’t have to think about it. He said yes.
II.
The Klamath River watershed begins as a large lake in what is currently southern Oregon. It winds its way south through the northern edges of the Sierra Nevada mountain range for more than 250 miles before emptying into the Pacific Ocean in what is now northwest California. The lake provides a haven for C’waam and Koptu — gray suckerfish with round, blunt noses that exist nowhere else on the planet — and its vast expanse of surrounding marshes are a stopover for migrating tchikash, such as geese and ducks. Every fall for thousands of years, as the mountain forests flashed gold and red, tchíalash, or salmon, raced upstream through the cold mountain waters and laid their eggs, feeding the people who lived along the riverbanks.
In 1901, a local newspaper called the Klamath Republican said the fish were so plentiful that they could be caught with bare hands: “Five minutes’ walk from Main Street brings one to the shores of Klamath rapids, where every little nook, bay, and tributary creek is so crowded with mullets that their backs stick out of the water. … Mullets, rainbow trout, and salmon — splendid fish, giants of their size, and apparently anxious to be caught.”
By then, white settlers had spent decades seizing land and water from the tribes and manipulating the landscape. Once they had established a permanent hold on the Klamath River, the settlers set about draining lakes and diverting streams to service industries like agriculture, mining, and timber. The federal Bureau of Reclamation then established a massive irrigation project at the head of the river and, within a few years, settlers cultivated thousands of acres of alfalfa nourished with irrigation water. Today, the basin produces mostly beets and potatoes, the latter often used for french fries.
Farmers in Klamath County, Oregon, preparing potatoes for shipment. The U.S. Bureau of Reclamation built a large canal system to deliver irrigation water to potato farms in the area. Dorothea Lange / Heritage Art / Heritage Images / Getty Images
The four dams constructed over the first half of the 20th century held back water from the lower reaches of the Klamath, forcing salmon to navigate a smaller and weaker river. Salmon also need oxygen-rich cold water to thrive, but the water of the Klamath grew hotter as it sat in stagnant reservoirs and flowed shallower down toward the Pacific, which made it harder for salmon to breathe and reproduce. This warm water also encouraged the growth of toxic algae and bristleworms that emitted microscopic parasites.
The dams blocked off the upstream Klamath, making it impossible for adult salmon to swim back to their ancestral tributaries. As they raced upstream toward the frigid mountain waters, they ran into the earthen wall of Iron Gate, the southernmost dam on the river, flopping against it futilely. Over the decades, these conditions drove the fish toward extinction, threatening the survival of a species that was central to the Yurok, Karuk, and Shasta peoples who had lived around the downstream Klamath Basin for thousands of years.
This might have remained true forever were it not for a quirk of federal bureaucracy. In order to run dams, power companies in the U.S. must secure a license from the Federal Energy Regulatory Commission, or FERC, the nation’s independent energy regulator, and those licenses have to be renewed every 30 to 50 years. In 1999, the license for the Klamath dams was less than a decade away from expiring.
The California-Oregon Power Company, the utility that built the dams, had passed through a series of mergers and acquisitions since its founding in 1882, eventually becoming part of a for-profit regional company known as PacifiCorp, which owned power plants across the Pacific Northwest. In order to keep running the Klamath dams, PacifiCorp needed to secure new state water permits, get operational clearance from federal fish regulators, and solicit feedback from local residents, including the Klamath Tribes, which again had federal recognition. For most hydroelectric dams, the process was lengthy but uncontroversial.
Jeff Mitchell had other ideas. He wanted the company to install fish ladders, essentially elevators that would allow the salmon to pass through the dams. The power company had promised to build them nearly a hundred years before, when construction was still underway, but had never followed through. He wasn’t the only one who was frustrated. While the Klamath Tribes lived farthest upstream and no longer had access to salmon, there were other tribes on Klamath tributaries — the Karuk, the Hoopa, and the Yurok — who could still fish but had been watching their water quality decline and salmon runs dwindle.
The Hoopa and Yurok tribes had spent years in court fighting each other over land. But when they all crowded into windowless hotel conference rooms to hear PacifiCorp’s plans, the tribal representatives quickly realized they had the same concerns.
There was Leaf Hillman, the head of the Department of Natural Resources for the Karuk Tribe, who had grown up eating salmon amid increasingly thin fish runs. “It was a struggle,” he said, recalling the meager amounts of fish he and his uncle would catch on the river. “Frequently all the fish that we got were given away or went to ceremonies before any of them ever got home.”
There was Ronnie Pierce, a short, no-nonsense, chain-smoking Squamish woman who was trained as a biologist and structural engineer and now worked as a fisheries biology consultant for the Karuk Tribe. Pierce had short, slicked-back hair, wore champagne-colored glasses and black leather boots, and had zero patience for corporate-speak. “I went through your draft application, and I can’t tell if a goddamn salmon even lives in the Klamath River,” she once told company executives.
Ronnie Pierce stands beside a stack of binders containing PacifiCorp’s draft application to relicense its dams on the Klamath River. Courtesy of Leaf Hillman
Then there was Troy Fletcher, executive director of the Yurok Tribe. A tall, charismatic man with a resemblance to Tony Soprano, Fletcher had spent years building up a Yurok program for studying and managing the river’s fish population before taking the helm of the tribal government. Fletcher knew the fishery was one of the only economic drivers for the Yurok nation, and a decline in salmon meant unemployment, exodus, and, eventually, cultural collapse. “As one of our elders put it, the Klamath River is our identity as Yurok people,” Fletcher said.
The group quickly noticed a pattern: Company executives’ eyes would glaze over when the tribes discussed the cultural importance of salmon. In March of 2001, during a public comment process that lasted more than a year, Mitchell submitted a formal comment to PacifiCorp that argued, “Fish passage on the Klamath River has been ‘blocked’ and interferes with the property rights and interests of the tribe.” The company responded to his comment in an official report by saying, “Comment noted.”
Pierce took to storming out of the room every time she got fed up with the company. Once, she got so upset at a meeting in Yreka, California, that she slammed her binder shut and drove several hours home to McKinley Grove, California, more than 400 miles away. She had little tolerance for the ignorance some PacifiCorp executives revealed about the landscape their dams had remade. “Where’s Blue Creek?” one of them asked in one meeting, clearly unfamiliar with the sacred tributary within Yurok territory. The pristine tributary, which flowed through conifer-covered mountains and across expanses of smooth rock on its way toward the Klamath main stem, was one of the most beautiful places in the entire river basin, and the first refuge that salmon encountered as they entered from the Pacific.
“‘Blue Creek? Where is Blue Creek?’” Pierce snapped. “You are really asking that? You dammed our river, killed our fish, attacked our culture, and now you ask where Blue Creek is?”
As the license meetings continued, Pierce wanted the group to take a harder line. She invited Hillman, Fletcher, and other tribal officials to dinner at her home in California. Over drinks, the group strategized about how to deal with PacifiCorp.
“You guys are fools if you go for anything but all four dams out,” Pierce said. “You’ve got to start with all four — and now — and the company pays for it all. That’s got to be the starting position.”
It was a radical idea, and one with no clear precedent in American history. Hillman, the Karuk leader who worked with Pierce, knew that for many farmers and politicians in the West, dams symbolized American conquest and the taming of the wilderness. He couldn’t see anyone giving that up. But he felt inspired by Pierce, who was so hardheaded that the Interior Department once threatened to pull the Karuk Tribe’s funding if the nation kept employing her, according to one dam removal campaigner.
Pierce’s vision that evening propelled the dam removal campaign to ambitions that would have been unimaginable just a few years earlier, but she wouldn’t live to see it realized. She soon received a terminal cancer diagnosis, and just a few years later she would find herself sitting with Hillman and others around that same table, making them promise to get the job done. She wanted them to scatter her ashes on Bluff Creek along the Klamath River after the dams were removed, no matter how many years it took.
“A lot of us tried to emulate her, how she was,” Hillman said. “There was no surrender.” The campaign would need Pierce’s determination to survive after her death. The fight was only heating up.
III.
The year 2001 arrived at the start of a megadrought that would last more than two decades and transform the American West, sapping massive rivers like the Colorado and driving farms and cities across the region to dramatically curtail their water use. This drought, which scientists say would be impossible without climate change, delivered the worst dry spell in the Klamath’s recorded history. All along the river’s banks, forests turned brown and wildfires sprang up. Small towns lost their drinking water. A reporter for the Los Angeles Times wrote at the time that “signs of desperation are everywhere … birds are dying as ponds dry up in wildlife refuges … sheep grazing on bare ground run toward the road when a car stops, baaing furiously and wrapping their mouths around the strands of barbed-wire fence.”
That spring, the federal government shut off water deliveries to Klamath farmers in order to protect endangered salmon and suckerfish on the river. The once-green fields of the basin, which had bloomed thanks to irrigation water from the vulnerable river, turned to dust. The earth cracked.
With no water, farmers were forced to abandon their beet and potato fields. More than 200,000 acres of crops shriveled, wiping out as much as $47 million in farm revenue and driving up potato prices as the harvest in the Klamath collapsed. Dozens of farmers filed for bankruptcy, school enrollments plummeted, businesses closed as farm families fled the region, and reports of depression and suicide skyrocketed.
Farmers and their supporters gathered by the thousands to stage a series of protests at the federal canal that released water from Upper Klamath Lake. First, they organized a ceremonial “bucket brigade,” led by girls from the local 4-H agriculture club, stretching 16 blocks from the lake into an irrigation canal. On multiple occasions, including the Fourth of July, protestors used a chainsaw and blowtorch to force open the headgates of the canal and siphon a small amount of water. It wasn’t enough to save anybody’s farm, but it was enough to prove they were serious.
When local authorities sympathetic to the farmers refused to intervene, U.S. marshals were brought in to guard the canal and quell protests. For the rest of the summer, locals loudly floated the idea of open revolt to overthrow the government.
Protestors try to open a Bureau of Reclamation head gate on the Klamath River to release irrigation water to farms in Oregon. The federal government shut down water deliveries to farmers in 2001 in order to protect endangered salmon and suckerfish on the river. Don Ryan / AP Photo
“The battle of Klamath Falls will go down in history as the last stand for rural America,” said one resident in an interview with The Guardian. The New York Times adopted the same narrative: An article that summer described the endangered animals as “all-but-inedible, bottom-feeding suckerfish” and framed the fight as one between environmentalists and hardworking farmers, erasing the tribes from the narrative altogether.
At Klamath Tribes’ headquarters in Chiloquin, half an hour from the headgates of the Bureau of Reclamation canal, Jeff Mitchell and other tribal leaders warned tribal citizens not to go into town. There had always been tensions with settlers over water, but now the farmers were blaming the tribes for the death of their crops, since the tribes were the ones that advocated for the protection of the endangered fish.
One afternoon that December, three drunk men drove through Chiloquin in a metallic gold pickup truck and used a shotgun to fire shots at the town. “Sucker lovers, come out and fight!” they yelled. They shot above the head of a child after asking him if he was Indian.
In 2002, Vice President Dick Cheney intervened. The former congressman from Wyoming maneuvered to open the headgates and divert a full share of irrigation water to the farms, regardless of how little water would be left in the Klamath for salmon and suckerfish. The 2002 diversion dried out the lower reaches of the Klamath just as salmon were starting to swim upstream from the Pacific Ocean to spawn. The low water levels resulting from Cheney’s decision heated up the river even more and made conditions prime for a gill rot disease, a fungal infection that thrives in warmer temperatures. As the salmon crowded into these small stretches of water, packed more densely than usual, they contracted the disease and gasped for air. Cheney’s water diversion was a violation of the Endangered Species Act, and Congress would later ask the vice president to speak about his role in the fish kill. He declined.
The Yurok saw the effects first. Adult salmon weighing as much as 35 pounds surfaced with their noses up and mouths open in the hot, shallow drifts. After they dove back down, they then rose to the surface belly-up. Hundreds of dead salmon appeared in the river, then thousands. Within weeks, tens of thousands of dead salmon piled up on the riverbanks and became food for flies as their flesh baked in the sun. When their bodies turned gray and their skin ruptured, meat bubbled out, and birds pecked at their eyeballs. The stench was overwhelming.
“It was a moment of existential crisis, it was a form of ecocide,” said Amy Cordalis, a Yurok Tribe member who was a college student working on the river that year.
A week earlier, a judge had sentenced the three men who shot their guns at the child in Chiloquin. They admitted their attack was motivated by racism and received 30 days behind bars and community service.
IV.
As the fight in the Klamath unfolded, PacifiCorp had continued to slog away on its attempt to relicense the four Klamath dams. After years of back-and-forth, the company closed in on finishing its draft application. It mailed copies to everyone involved in the more than 200 meetings held by the company. The application was so long that it filled several binders in multiple cardboard boxes. When Ronnie Pierce stacked the binders on top of one another, they were taller than she was.
The application was comprehensive, but Pierce, Mitchell, Fletcher, and others noticed that despite the massive die-off of salmon they’d just witnessed, the company still had not committed to build the fish ladders it had promised almost a century earlier.
“That’s when we decided to go to war with PacifiCorp,” said Mitchell.
On January 16, 2004, more than 80 years after the first dam was built, members of the Karuk, Yurok, Klamath, and Hoopa tribes gathered at the Red Lion in Redding, California, a two-star hotel off the freeway with a Denny’s and trailer parking in the back. They were joined by Friends of the River, a tiny nonprofit and the only environmental organization willing to stand with the tribes at the time.
As the tribes and farmers fought with PacifiCorp and the George W. Bush administration, one major player had escaped notice altogether, ducking responsibility for destroying the river’s ecosystem and remaining largely in the shadows. That was PacifiCorp’s parent company, ScottishPower, which owned the utility from across the Atlantic Ocean, thousands of miles away.
Leaf Hillman had learned about ScottishPower during a meeting with a PacifiCorp executive in the company’s Portland, Oregon, headquarters. Frustrated that she wouldn’t consider dam removal, Hillman asked to speak to the executive’s boss. “If you’re going to talk to my boss, you’re going to have to go to Scotland,” she replied, laughing. As he sat in the meeting at the Red Lion, he could still hear her laughter.
Six months later, Hillman and his allies walked through immigration atGlasgow Airport. A United Kingdom customs officer asked them to state the purpose of their visit.
“We’re here to get those damn dams off the Klamath River,” Dickie Myers of the Yurok Tribe replied.
Part 2
A Business Decision
V.
In the summer of 2004, water flowed through the 90-foot-wide gates of a hydropower dam along the Tummel River in Perthshire, Scotland. Salmon and sea trout swam safely past the turbines on their way upstream, wiggling up and down the fish ladders required by Scottish law.
The difference wasn’t lost on Jeff Mitchell, who was visiting the dam for a press conference highlighting how ScottishPower’s subsidiary, PacifiCorp, had refused to install those same fish ladders in their dams on the Klamath River.
As they toured Scotland demanding that the company remove its subsidiary’s dams in Oregon and California, Mitchell and his allies from the Klamath River Basin were surprised to meet an outpouring of empathy and support. The Scottish people knew and loved salmon — so much so that Glasgow’s coat of arms had two salmon on it. A local Green Party leader embraced their cause, filing a parliamentary motion criticizing ScottishPower for its hypocrisy. At one point,The Herald, Scotland’s longest-running newspaper,even gave ScottishPower’s CEO a nickname: “Stops Salmon Leaping.”
“If it wasn’t for these fish I wouldn’t be here today. My people would have died off a long time ago,” Mitchell told reporters during their visit. “We can’t walk away from this and we will not walk away from this.”
Members of the Yurok tribe protest outside ScottishPower’s annual general meeting in Edinburgh, Scotland. The tribes sought to force the utility, which owned the dams until 2005, to install fish passage facilities that would save endangered salmon. Maurice McDonald / PA Images / Getty Images
The pressure campaign produced immediate results, with left-wing members of the Scottish Parliament calling on political leaders to intervene in favor of the tribes. After the tribes’ visit in July, PacifiCorp’s chief executive officer, Judi Johansen, had told news media that “all options [were] on the table, including dam removal.”
But the momentum did not last. The following spring, ScottishPower executives decided to pivot back to a focus on United Kingdom energy markets and offload some of their assets. They sold PacifiCorp for $5.1 billion, washing their hands of the Klamath River crisis.
The new owner of the dams was a far more familiar face. The firm that now owned PacifiCorp was called MidAmerican Energy Holdings, and it was controlled by Berkshire Hathaway, the massive conglomerate owned by billionaire Warren Buffett.
VI.
Mitchell, Troy Fletcher, and their fellow tribal leaders knew at once that they had to adjust their strategy. During their campaign in Scotland, they had tried to stir up moral outrage over the death of the Klamath salmon, arguing to ScottishPower executives and Scottish citizens that the company needed to put the needs of the fish above its own profits. That argument didn’t seem like the right fit for Buffett, whose reputation was that of American capitalism personified: He made his fortune riding the swings of the free market, and every year thousands of Berkshire shareholders converged on the company’s Nebraska headquarters to get stock tips from the so-called “Oracle of Omaha.”
After doing some digging, Craig Tucker, a spokesman for the Karuk Tribe, discovered that Buffett’s family seemed to have an affinity for Indigenous people. Buffett’s youngest son, Peter, was a composer who had written music for the 1990 film Dances With Wolves, plus an eight-hour documentary on Native Americans helmed by Kevin Costner. Tucker also discovered that Peter and his brother, Howard, had co-sponsored the Buffett Award for Indigenous Leadership, a cash prize recognizing Indigenous leaders.
In an attempt to get Buffett’s attention, Tucker nominated Leaf Hillman for the award for his work restoring salmon on the Klamath. Hillman made it to the final round, but in the days leading up to the awards ceremony, Tucker got ahead of himself and told a few journalists that Hillman was being considered for the Buffett prize. The flurry of media attention scuttled Hillman’s chances, Tucker said.
The tribes’ strategy was multipronged, combining loud protests with quiet legal maneuvering. In 2007, Hillman and his son, Chook Chook Hillman, drove to Omaha to disrupt Berkshire’sannual shareholders meeting. When they arrived, local police pulled their RV over and told them to behave. “We’ll be watching you,” Chook Chook recalled one officer saying. The Hillmans were required to stand in a designated “free speech” spot for protestors down the road from the auditorium as Buffett fans walked by. “Get a job!” one passerby shouted. Another woman spit on them.
The hostile response inspired Chook Chook to train with the Indigenous Peoples Power Project, which schooled Native activists in nonviolent protest, to strengthen his civil disobedience skills. The following year, he managed to address Buffett directly during Buffett’s annual town hall before thousands of Berkshire shareholders, but the tycoon rebuffed Chook Chook and the other protestors, telling them the government and not Berkshire would determine the dams’ fate. The protests in Omaha became so disruptive that Berkshire representatives flew to the Klamath Basin to ask Chook Chook and the other activists to stay away from Nebraska.
But Mitchell, Fletcher, and the others had discovered an argument that Buffet couldn’t dismiss so easily. They’d spent years immersing themselves in the intimate details of how the dams operated, poring over company filings and utility commission reports. They found that by the turn of the 21st century, the dams had become, in Mitchell’s phrasing, “losers.” The dams generated at most around 163 megawatts of electricity during the wettest years, or enough to power 120,000 homes, far less than the average coal or gas plant. That was just a small percentage of the power that PacifiCorp generated across its six-state fleet — and even less in dry years, when the turbines couldn’t run at full capacity. Even with recent renewable energy requirements in California and Oregon, the dams didn’t really move the needle compared to the more powerful solar, wind, and natural gas assets the company was adding.
PacifiCorp’s relicensing fight at the Federal Energy Regulatory Commission had been playing out for almost seven years. But tribal leaders were simultaneously pursuing another strategy: persuading federal fish agencies to impose new environmental rules on the company’s license. This would make the dams even more expensive to operate, leading to thinner margins, and open up PacifiCorp to pressure from its utility customers to consider dam removal.
“If anything would change Berkshire Hathaway’s mind,” said Mitchell, “it would be a good business decision.”
Thanks to the dogged work of advocates like the late Ronnie Pierce, there were years of documentation of the devastating ecological effects of the Klamath dams, and state and federal governments had ample evidence that the dams had been in violation of the Endangered Species Act as well as the Clean Water Act. In early 2006, responding to the dire state of the river’s fish population, the U.S. Fish and Wildlife Service and National Marine Fisheries Service mandated that PacifiCorp build fish ladders around the dams in order to avoid killing off the salmon altogether. California and Oregon then told the company that they would not grant it permits under the Clean Water Act unless it cleaned up its reservoirs, which were contaminated with toxic algae.
These decisions meant hundreds of millions of dollars of added costs for PacifiCorp — the bill for the fish ladders alone would exceed $300 million. The company contested them, leading to a lengthy FERC hearing that pitted almost a dozen tribes, government agencies, and environmental groups against the utility. During the hearing, PacifiCorp argued it could trap adult fish below the dams and transport them upstream on the river by truck instead of building fish ladders. The company also argued that salmon had never swam that far upstream before the dams existed.
The tribes believed that the company’s proposals for handling the salmon were ludicrous, but they also knew they would need more than studies and statistics to persuade the judge in the FERC hearing to rule against the company. That summer, the tribal leaders took the hearing judge and executives from PacifiCorp on a boat ride up the river to give them a firsthand look at what the dams had done. The day was so hot that they almost cut the trip short, but Mike Belchik, the Yurok Tribe’s biologist, insisted that the judge see the Williamson River, which drains into Klamath Lake, far upstream from the PacifiCorp’s dams. When they arrived, the water in the undammed river was cool, and large trout were leaping in droves.
“Your Honor, this is where the salmon are going to. This is the prize right here,” Belchik remembers the group telling the judge. “This place will sustain salmon.”
The judge in the FERC hearing ruled against PacifiCorp in September of 2006. The company would have to pay for the costly dam improvements, and the tribes now had the leverage they’d been working for. The company could keep operating the dams in the meantime with a series of one-year license extensions, but it had to fix the issues on the river if it wanted a new license.
”This is going to be the thing that really motivates PacifiCorp to negotiate,” said Craig Tucker, the Karuk Tribe’s spokesman, in a statement at the time.
Faced with the mounting cost of running the dams and an onslaught of negative press, PacifiCorp brass deputized Andrea Kelly, a trusted company veteran and an expert in utility law, to find a solution. Company leaders tasked her with exploring potential settlements that would maximize revenue for PacifiCorp while minimizing the costs of regulatory paperwork, lawyers’ fees, and public-image maintenance.
‘If anything would change Berkshire Hathaway’s mind, it would be a good business decision.’
Kelly had read all the same paperwork as Fletcher, Mitchell, and Pierce, and after PacifiCorp’s regulatory losses, she came to the same conclusion that the tribes had — it might be cheaper to remove the dams. But she didn’t say so just yet. First, in late 2007, PacifiCorp commissioned a confidential study that compared the cost of dam removal to that of the fish ladders and river cleanup that the federal agencies were demanding. The analysis, which has never been made public in full, found that meeting the agencies’ fish and water conditions would be significantly more expensive than the cost of removing the dams, provided the company didn’t have to cover the whole removal bill.
The study also found that trying to relicense the dams was a massive financial risk. The tribes’ campaign had made the dams so controversial that Oregon and California were almost certain to keep opposing the license. The inevitability of additional protests and litigation meant that PacifiCorp would likely need to spend hundreds of millions more to get through the FERC process. Even then, there was no guarantee it would get its new license.
To protect its customers and investors from the costs of a protracted fight over the Klamath, PacifiCorp’s best option was no longer trying to keep the dams up, but figuring out how to get them down.
VII.
As the tribes worked to put PacifiCorp on defense, they were also trying to forge a truce with an aggressive adversary: the farmers of the Klamath Basin, who just years earlier had been on the brink of starting an all-out armed conflict with the tribes and the federal government to control the basin’s scarce water.
Troy Fletcher, the Yurok Tribe executive director and longtime tribal leader, had spent decades fighting with farmers for the water the tribe needed — and was legally owed — to build up its struggling fisheries. But Fletcher was also amiable by nature, and as years of conflict passed, he realized that the animosity between the tribes and the farmers wasn’t serving either of them. The tribes had spent millions of dollars on litigation and lobbying against the farmers’ interests — and had blasted them in the news media for years — but had no more water to show for it.
“It didn’t make any of us sleep any better, because the big issues were still out there, and we still had to resolve them,” he said.
In 2005, as the FERC dam relicensing process rolled on, Fletcher and other tribal leaders found themselves stuck in another series of meetings with farmers and ranchers from around the Klamath Basin. The Bush administration had brought the groups together in an effort to achieve a long-term resolution to the contentious water issues and avoid more violence. For once, tribal members and agricultural interests weren’t meeting at protests or sparring in the press, but rather sitting across the table from one another in the same windowless conference rooms, eating the same bad food, and filling their coffees from the same pots.
During one meeting, in a room full of tribal leaders and farmers, Fletcher decided to propose a truce: Why didn’t the two sides stop criticizing each other publicly, and start talking?
In the months that followed, Fletcher befriended veteran farm lobbyist Greg Addington, whom the Klamath farmers had hired after the 2001 water war to serve as their advocate. Addington had spent almost his entire career lobbying on behalf of farming interests, but he knew the farmers could not afford a repeat of their standoff with the government. He and Fletcher started talking over beers in the evening and playing golf. It wasn’t long before Klamath water issues came up.
Farmers had gotten cheap power from the hydroelectric dams for decades, but now PacifiCorp, which wasn’t making much money off the systems, was trying to raise their rates. Fletcher was getting pressure from his environmentalist friends to support the rate increase because it would hurt the farmers who were sapping the river, but he didn’t like the idea of the farmers going bankrupt. He decided to strike out on his own: In private conversations with Addington, he vowed that the Yurok would support continued power subsidies for the farmers if Addington and the farmers supported the removal of the dams. PacifiCorp was screwing the tribes and the farmers, he told Addington — so why didn’t the two join together?
Troy Fletcher was frustrated with how tribal officials like himself were excluded from negotiations between the feds and PacifiCorp and urged Interior officials to get dam removal done. Courtesy of Matt Mais / Yurok Tribe
“Nothing brings people together like a common enemy,” Fletcher said. “We’ve been in the fight for ages, but we can’t afford to litigate for decades and watch our fish continue to die.” The farmers began to back the tribes’ campaign for dam removal, and in return the tribes backed them on the power-rate issue.
“I believed that Troy cared about the ag community in the Klamath Basin, and it made me really want to care about the tribal community,” Addington said.
The truce soon opened up a broader dialogue between the farmers, the tribes, environmentalists, and fish advocacy organizations on the Klamath. The stakeholders on the river had been trying to solve each of these crises on its own, suing each other whenever their interests came into conflict, but now they began to talk about a comprehensive settlement deal that would put an end to the litigation. Everyone would have to give up something, but everyone would get something they needed.
VIII.
The final piece to the Klamath puzzle was the Bush administration, which controlled Klamath irrigation through a canal system run by the Bureau of Reclamation and would play a key role in any water settlement. Both farmers and Indigenous nations had come to detest the administration — the farmers for the 2001 water shutoff and the tribes for the subsequent fish kill caused by Vice President Dick Cheney’s emergency diversion of water to the farmers.
The crisis was a stain on the administration’s record in the water-stressed West, and Bush was desperate to resolve the tensions in the Klamath. The president directed Dirk Kempthorne, a compromise-oriented Idaho governor brought in to run the Interior Department during Bush’s second term, to defuse the Klamath conflict — even if it meant departing from the traditional Republican line on water issues, which was unconditional support for dams and agriculture.
President George W. Bush looks on as Idaho Governor Dirk Kempthorne is sworn in as Secretary of the Interior. After years of conflict in the Klamath basin, Kempthorne and his staff helped negotiate a settlement that led to dam removal. Chip Somodevilla / Getty Images
Kempthorne and his deputies flew to the Klamath Basin to join the settlement talks, but they got a frosty reception. Despite Fletcher and Addington’s breakthroughs, the alliance was still fragile.
In early 2008, Fletcher, Mitchell, and Hillman met with senior Interior officials at Klamath Falls, near the headquarters of the Klamath Tribes. John Bezdek, a senior Interior Department lawyer, asked for tribal leaders’ thoughts on a long list of items in the proposed settlement, including water deliveries to farmers and ecosystem restoration.
But Fletcher wanted something more from them. Staring at the Interior bureaucrats from across the table, he laid it out for them straight. The negotiations had made progress, he said, but without a guaranteed agreement to remove the dams, a larger water settlement was impossible. Somebody would need to force PacifiCorp’s hand.
“You guys need to get this done for us,” Fletcher told the two Bush administration officials.
Bezdek said he would try. He and another Interior bureaucrat, Michael Bogert, flew to Portland to visit Robert Lasich, the president of PacifiCorp and the boss of the company’s Klamath czar, Andrea Kelly. The two government officials felt like they had momentum: With federal agencies insisting that the company provide fish passage, and the once-rebellious farmers now calling for dam removal as well, it seemed like the company would have to acquiesce.
But as soon as they entered Lasich’s office, the PacifiCorp executive rebuffed them, saying the utility would never abandon the dams unless Interior came up with a deal that worked for the company.
“You’re asking us to voluntarily walk away from revenue-generating assets,” he told them, Bezdek recalled. “If you want this to happen, you two need to man up and put something real on the table.” Bogert later made Bezdek a T-shirt that said, “MAN UP.”
In a last-ditch effort to work out a deal, Bezdek called a meeting with PacifiCorp’s Andrea Kelly and representatives from the two states at a federal conservation training center in Shepherdstown, West Virginia — a site so remote that negotiators had to walk 15 minutes to a bridge and stand on its railing to get cell service.
Bezdek also invited three lawyers representing the Yurok Tribe and a few conservation groups, but they didn’t get to join the settlement talks until the last day, when most points had already been decided. PacifiCorp’s Kelly was the only woman there, and there were no tribal leaders present, a fact for which Fletcher, of the Yurok Tribe, would later upbraid Bezdek and the Interior bureaucrats.
Behind closed doors in Shepherdstown, Kelly reiterated the company’s conditions for dam removal. The company did not want to spend more than $200 million, she said. It also wanted full protection from any legal liability that resulted from the dam removal project, which would detonate dynamite on century-old structures and release millions of tons of sediment and algae into a fragile river ecosystem.
For three days, Bezdek and Kelly hashed out how dam removal would work. The solution to the money problem came from California Governor Arnold Schwarzenegger, who agreed to issue a state bond that would raise $250 million. That money, combined with $200 million PacifiCorp would get from its customers in Oregon, would cover the costs. The liability problem was harder: PacifiCorp refused to conduct the dam removal itself. In order to appease the company, the parties ended up settling on the idea that the federal Bureau of Reclamation itself would remove the dams and assume the risk.
‘If you want this to happen, you two need to man up and put something real on the table.’
After days of exhausting talks, the parties brought the framework to Interior Secretary Kempthorne, who secured Bush’s blessing to approve it. This was a stunning reversal from six years earlier, when Cheney had caused the fish kill to protect the interests of Klamath farmers. The Bush administration and the states were able to tout the deal as a solid business decision — Oregon’s governor called the deal “a model … of how the federal and state governments and private industry can work together.”
“President Bush made clear to me that we were there to solve problems,” said Kempthorne. “We never took a position other than to say that we supported a business decision.” At the Bush administration’s final White House Christmas party in December of 2008, the president shook hands with Michael Bogert, one of the senior Interior officials who had worked on the negotiations.
“It’s a good deal,” Bush told Bogert.
The 2008 accord represented a triumph of diplomacy and compromise in a region that just a few years earlier had been on the verge of war. The settlement, finalized across two legal agreements, not only promised to remove all four PacifiCorp dams from the Klamath River, but also called for a billion dollars in federal funding to restore the decaying parts of the river ecosystem, undoing a century of damage.
The deal guaranteed water deliveries to the Oregon farmers during all but the driest periods, laid out a plan to protect salmon and suckerfish during droughts, and returned 90,000 acres of forest land to the Klamath Tribes. The basin tribes, environmental nonprofits, commercial fishing groups, and irrigators all endorsed it. The state governments of California and Oregon gave it their blessing in a matter of months as well.
But not everyone was happy: The residents of conservative Siskiyou County, California, which was home to three of the dams, were angry that PacifiCorp was going to drain the reservoirs that gave them lakefront property and a place to water ski. Some farmers around Upper Klamath Lake hadn’t received the water guarantees they were seeking. And the Hoopa Tribe, a nation that had also campaigned for dam removal, walked away from the settlement talks, frustrated that PacifiCorp would not have to bear the whole cost of dam removal.
Mitchell, too, had reservations about the company walking away with its hands clean, and about the fact that the deal had come together with no tribal leaders present. But in his eyes, the benefits far outweighed the costs.
“This gave us the pathway of getting these dams out and restoring this watershed more quickly than fighting a much longer battle where fish may not survive,” he said. “If it took us another 10, 15 years to do this, we may lose those fish completely.”
The only step left was to get Congress’ approval for the settlement deal, which would unlock a billion-dollar infusion of restoration funding. After so many years of hard-fought negotiations, the campaigners, assured by their federal allies, thought that passing a settlement bill through Congress would be straightforward by comparison.
They had no idea what lay ahead.
Part 3
The Backup Plan
IX.
In February of 2010, Jeff Mitchell shook California Governor Arnold Schwarzenegger’s hand before reporters at the state capitol building in Salem, Oregon, with the governor of Oregon and the secretary of the interior looking on.
“Hasta la vista, Klamath dams,” Schwarzenegger said as he leaned over to sign the agreement to demolish the four dams, settle rights to the river’s water, and return land to the Klamath Tribes. Beneath the capitol dome, the former bodybuilder joked that, even for him, the deal had been “a big lift” to get over the finish line.
The mood in Salem that day was ecstatic. After years of protest and negotiation, the entire basin — the Yurok, Karuk, and Klamath tribes, the region’s conservative farmers, and environmentalists — had come together behind a plan to take the dams down, and they’d brought both the federal Department of the Interior and the dams’ corporate owner over to their side. Because the deal hinged on millions in federal restoration funding, as well as a legal directive to let Interior take the lead on dam removal, the last remaining step was for Congress to pass a bill that authorized the demolition and allocate money to restore the river to its original undammed state.
Later that year, the Republican Party scored a resounding victory in the 2010 midterm elections, riding a wave of backlash against the election of Barack Obama two years prior. Many of those elected to the congressional majority that emerged in the House of Representatives were partisans of the far-right Tea Party movement. They advocated a scorched-earth opposition to the Obama administration’s entire agenda, rejecting bipartisan achievements like the Klamath deal, despite its origins in the Bush administration.
“I think there was a whole lot of just blocking of anything that could be a potential positive legacy for the Obama administration,” said Leaf Hillman, the former vice chairman of the Karuk Tribal Council. “Congress was hell-bent on making sure he got nothing to be proud of.”
Like many legal settlements, the Klamath deal had an expiration date at the end of 2012. If Congress didn’t ratify the deal and the settlement lapsed, the parties had to start all over again to negotiate a new one. After the 2010 election, a few years suddenly didn’t seem like much time at all.
The Republican resurgence also elevated a man Mitchell knew well: Greg Walden, a longtime congressman for the Oregon side of the Klamath Basin and now an influential leader in the House Republican caucus. For years, Mitchell had known Walden as a fierce advocate for the state’s agricultural interests and a critic of the Endangered Species Act. The two men had spoken about fish issues on the river, but Mitchell had never felt like Walden cared much about what he had to say. Still, Walden had expressed his support for the Klamath settlement when it came together in 2008, saying that the negotiators “deserved a medal.”
“He kept saying, ‘If you guys can develop an agreement, I’ll do my job and I’ll get it through Congress and get it funded,’” recalled Mitchell.
Walden had been engaged on Klamath issues since the 2001 water crisis, and had secured funding for financial relief and infrastructure in the basin. He had even enabled the dismantling of a very small dam on a tributary in Chiloquin, Oregon. As a high-ranking Republican and the member representing Oregon’s side of the basin, he seemed to be in an ideal position to advance a bill that would ratify the settlement. But despite urging from farmers, tribal leaders, and other elected officials, Walden failed to push for the settlement — a decision that many advocates saw as an attempt to block dam removal. Before long, he became public enemy number one for the settlement parties, who soon found themselves forced to extend the ratification deadline to the end of 2015.
Representative Greg Walden, center, walks in the U.S. Capitol in early 2011, just after Republicans retook the majority in the House of Representatives. Walden, who represented the Oregon side of the Klamath in Congress, was seen as a major obstacle to dam removal. Bill Clark / Roll Call / Getty Images
In the summer of 2013, after multiple years of stagnation in Congress, Oregon Democratic Senator Ron Wyden held a public hearing on the Klamath deal in an attempt to generate some forward momentum. Mitchell, Hillman, and Troy Fletcher of the Yurok Tribe came to Washington to testify in support of the deal and urge legislators to pass it.
“We hope that you will work with us to make sure that [the settlement] gets passed,” said Fletcher in his impassioned remarks to the Senate natural resources committee. “People have got to move off their entrenched positions.”
Part of the reason for Walden’s resistance to moving the agreement through the House was that the landmark Klamath agreement, which brought together dozens of parties, was still not inclusive enough for his tastes. The settlement, he said, had left a number of groups out, including local residents who lived around the dams. Most important to him were a small group of farmers and ranchers that worked land upstream of Upper Klamath Lake and had walked away from initial settlement talks.
In an attempt to satisfy Walden, Oregon’s governor deputized Richard Whitman, the state’s lead environmental official, to work out a separate deal that would resolve a water conflict between these farmers and the Klamath Tribes. Over the next two years, with the other campaigners waiting in the background, Whitman dutifully managed to negotiate an irrigation settlement the holdouts could accept.
Walden praised the settlement and suggested he would help push through the broader Klamath deal, including the dam removal, according to Whitman. Then he never did.
“Congressman Walden refused to move legislation notwithstanding that we had satisfied his conditions,” said Whitman. “He never lived up to that commitment.”
Walden said he did not recall making this commitment to Whitman and defended his engagement on the settlement. He said that even if he had backed the settlement, it would never have made it through Congress with a dam removal provision. There were a slew of dam supporters in charge of House committees at the time, and since 2013 Walden’s counterpart on the California side of the basin had been the far-right Doug LaMalfa, a former rice farmer and stalwart supporter of western agriculture. LaMalfa was dead-set against the dam removal agreement, and his constituents were on his side — residents of Siskiyou County, California, which was home to three of the dams, had voted 4-to-1 against dam removal in a symbolic local referendum.
“It just hit a brick wall, and that brick wall was just the realities of control of Congress,” said Walden. “I kept saying … ‘I realize you want to blame me, but tell me the path.’”
As the extended deadline got closer, Fletcher, Mitchell, Hillman and other dam removal advocates escalated their pressure campaign. They held a rally in Portland, boosted an anti-dam campaign in Brazil, and organized countless meetings between irrigators, tribal leaders, and elected officials. But nothing happened in Congress. When Senator Wyden introduced a Klamath bill in the Senate in early 2015, with just months to go until the settlement expired, it went nowhere, failing to secure even a hearing in the chamber’s energy committee.
“In my lifetime, I’ve seen moments where Congress could really do bipartisan stuff, and try to really solve problems,” said Chuck Bonham, who participated in Klamath negotiations first as a lawyer for the fish advocacy organization Trout Unlimited, and later as California’s top fish and wildlife official. “When the negotiations started, that was the prevailing theory. By the time we got there, that was impossible.”
X.
By the start of 2015, campaigners had been trying to pass the settlement for almost five years. Senior officials at the Department of the Interior, which had brought the deal together under the Bush administration, were desperate to get something through Congress before the uncertainty of the following year’s election.
That fall, then-Interior Secretary Sally Jewell and longtime Interior lawyer John Bezdek decided to try a last-second gambit. They conveyed to Walden they would support a broader Klamath settlement bill without a dam removal provision. The bill would provide hundreds of millions of dollars to restore the river and settle the water conflict between the Klamath Tribes and the farmers, and it would even preserve the Klamath Tribes’ land restoration agreement — but it would allow the dam agreement to expire, leaving the basin with no guarantee that PacifiCorp’s dams would come down.
”We couldn’t let the perfect be the enemy of the good,” Jewell said.
Meeting with Bezdek in a side room in the U.S. Capitol, Walden again sounded an optimistic note. If the dam removal mandate disappeared, he thought the rest of the settlement could pass, despite hesitance from other Republicans. But it took him until the final month of 2015 to introduce a settlement bill, and that bill stood no chance of passing — it opened up thousands of acres of federal forest land to new logging operations, a carve out that Democrats and Indigenous nations dismissed as unacceptable. The bill went nowhere.
Walden said he didn’t remember the specific conversation with Bezdek, but said he thought his final bill had a chance of passing.
“This one got away,” he said. “I couldn’t figure out how to do it.”
Mist rises after a rain at Blue Creek, a tributary of the Klamath River in California. The creek is the first spawning place for salmon that arrive from the Pacific Ocean and is a sacred place for the Yurok Tribe and other Indigenous communities in the Klamath basin. Brian van der Brug / Los Angeles Times / Getty Images
With the settlement’s expiration imminent, the fragile coalition that had come together around the dams’ removal began to fall apart. Leaders from the Yurok, Karuk, and Klamath Tribes had put decades of work into the negotiations, and some tribal leaders, like Fletcher, had made removing the dams their life’s work. Watching all that progress vanish due to Congress’s inaction felt like an echo of previous betrayals.
“There was a sense of extreme frustration, because these agreements were very difficult to negotiate,” said Amy Cordalis, a Yurok Tribe member who came on as its lead counsel in 2014. Cordalis had decided to go to law school after witnessing the mass die-off of salmon on the river in 2002. Most of her work since then had led up to this moment, and now it was about to vanish.
In September of 2015, the leadership of the Yurok Tribe announced that it was withdrawing from the Klamath deal, essentially dooming the watered-down agreement. In a press release, the tribe said that the “benefits of the agreements have become unachievable.” The Karuk and Klamath tribes said they would follow suit by the end of the year if Congress didn’t act.
A few weeks after Yurok leadership announced they were pulling out of the deal, Yurok Tribe biologist Mike Belchik met up with Fletcher on a scorching day while the Yurok director was hitting golf balls. Belchik was frustrated with Fletcher for abandoning the deal, but Fletcher was adamant that the move was a strategic maneuver designed to bring everyone back to the table.
“The dam removal deal won’t die,” he told Belchik. “It’s got too much life in it. It’s going to happen.”
Two weeks later, during a meeting on Klamath water issues on the Yurok reservation, Fletcher suffered a fatal heart attack. His sudden death at age 53 was a blow not only to the Yurok Tribe but to the entire Klamath Basin: The breakthrough deal to restore the river was no more, and the man who had done so much to bring it together was gone.
“It was just such a terrible shock, it was awful,” said Belchik, who had spent countless hours with Fletcher — driving to and from PacifiCorp meetings, playing poker and golf, and strategizing about how to bring the dams down.
“He really in a lot of ways gave his life to Klamath dam removal and to the river,” said Cordalis.
XI.
With Fletcher gone and Congress having failed to pass the settlement into law, it seemed like there was just one strategy left for the Klamath, albeit one that negotiators had rejected a decade earlier.
PacifiCorp’s overriding priority was that some other entity — any other entity — take responsibility for demolition of its dams, allowing the company to avoid legal liability for the removal process. The Klamath settlement deal had come together around the appealing idea that the federal government would be that entity — having the Interior Department take the dams down had always made the most sense, given the federal government’s sheer size, expertise, and funding.
As Congress stalled, longtime dam opponent and tribal counsel Richard Roos-Collins thought back to the early days of the settlement talks. He had been involved in Klamath negotiations for more than 10 years, and had been one of the tribes’ only representatives at the tense West Virginia talks back in 2008. He recalled that, during those early stages, before the Bush administration had signed on to the deal, environmental groups had proposed that PacifiCorp transfer the dams to a new corporation run by the tribes or by the states — essentially a holding company that would accept the dams only to destroy them using money from PacifiCorp and the states.
At the time, PacifiCorp had rejected the idea as ridiculous and unproven, and negotiators had given up on it, putting their hopes in the Interior Department. But Roos-Collins remembered that a group of environmentalists and local organizations in Maine had created a nonprofit trust to purchase two dams on the Penobscot River back in 2004. The trust had since destroyed those dams, reopening the river for fish migrations. He thought there might be a chance that the same idea could work with PacifiCorp: The utility would apply to the Federal Energy Regulatory Commission for permission to transfer the hydroelectric dams to a nonprofit entity, and that nonprofit would take them down, shielding PacifiCorp from liability and costs.
It was still an outlandish plan. The Klamath dams were several times the size of the ones in Maine, and far larger than any other dams that had ever come down in the United States. FERC had a history of support for hydropower, and there was no way to know if it would endorse the idea of demolishing an active power facility if the Interior Department wasn’t the one doing it. Neither the states, the tribes, nor the environmental groups wanted to take ownership of the dams, which meant the “removal entity” would have to be a bespoke nonprofit created for that express purpose.
“There was resignation, and kind of a demoralization, that was, ‘Well, we only have one option left, and that is FERC,’” said Chuck Bonham, who had helped negotiate the original settlement at Trout Unlimited and was now the lead Klamath negotiator for the state of California.
PacifiCorp executives worried the system was a Trojan horse to keep the utility involved: If the process cost more than projected, would the dam removal entity come back to the company for more money? If the sediment that got released from behind the dams turned out to be toxic enough to kill off downstream wildlife, would lawsuits drive the removal company into bankruptcy? Federal, state, and company negotiators went back and forth over the details for months toward the end of 2015 as the settlement fell apart in Congress. They made little progress.
Remembering his meeting with Fletcher back in 2008, when Fletcher demanded that the Bush administration bring PacifiCorp to the table on dam removal, Interior lawyer John Bezdek called another closed-door meeting at the same remote site in Shepherdstown, West Virginia. Once again, he bartered with PacifiCorp official Andrea Kelly late into the night, pushing her to endorse the idea of transferring ownership of the dams. She refused to commit: The proposal left PacifiCorp too exposed to liability.
As Kelly and Bezdek debated utility law, they grew increasingly frustrated. After dinner one evening, the two got into an argument and stormed off to their respective dormitories, fed up with one another.
“I actually thought for sure it was done,” Bezdek said. “I went back to my room, and I called my wife, and I said, ‘I think it’s done. I don’t think we can get there.’”
Some time after midnight, Bezdek got a call from Kelly, who couldn’t sleep either. They threw on their coats, met on a bench outside the dormitories, and started talking again. Bezdek emphasized that the entire Klamath Basin, from the tribes to the farmers, had come together in the belief that the dams needed to go. It was time for PacifiCorp to do the same; the fight would never be over until the company let go.
By the time the sun came up, Kelly had agreed to the new plan. California and Oregon would endow a joint nonprofit dedicated to the dams’ removal, and PacifiCorp would apply to FERC for permission to transfer the dams to that nonprofit. Bezdek took the agreement to his boss at Interior, Sally Jewell, who approved it. There was no need, with this new arrangement, to get Congress involved.
Walden said he wishes he had known it was possible for the dam removal to take place without Congress’ involvement. If he had, he said, he would have pushed to pass the rest of the Klamath settlement and advocated for the FERC path toward dam removal, potentially saving the settlement and speeding up removal by several years.
“Had I understood that, dam removal would never have been a federal issue, because it didn’t need to be, and we might have been able to find a different solution,” he said. “That’s my fault.”
A few months after the second Shepherdstown summit, on a hot April day at the mouth of the Klamath River in Requa, California, tribal leaders gathered with Jewell, Bezdek, and the governors of California and Oregon to celebrate the revived dam removal agreement. They signed the documents on a traditional Yurok fish-cleaning table, a long white plank of stone that tribal members had cleaned for the occasion. Then the dam removal advocates took the group on a boat up to Blue Creek, the same part of the river where the devastating fish kill had occurred in 2002.
U.S. Interior Secretary Sally Jewell, center, poses with representatives from California, Oregon, PacifiCorp, and the Yurok and Karuk tribes at an event in April of 2016. The federal government, the states, and PacifiCorp agreed in 2016 to pursue dam removal through an alternative path after Congress failed to ratify an earlier settlement agreement. U.S. Department of the Interior
There was a notable absence: Jeff Mitchell of the Klamath Tribes was not part of the celebratory photo op at the fish table. There was still a path toward dam removal, but the broader Klamath settlement had died in Congress, dashing hopes for a water accord between the Klamath Tribes and the irrigators. The Klamath Tribes did not sign the amended dam removal agreement because it did not have the same protections for their treaty rights as the original deal.
“I wish that we would’ve been able to work through that,” Mitchell said. “The price that we paid for that was pretty, pretty deep — pretty, pretty big price — because it took us away from the table.”
For the other tribal leaders who had been fighting for dam removal, the day felt momentous.
“I was naively stoked,” said Amy Cordalis. To her, the memory of the dead salmon was still fresh, even 15 years later — she could still smell the rotting flesh. It had been a moment of clarity of her life’s purpose.
“I felt like my great-grandmother, who had passed away when I was 6, came to me and was like, ‘You need to make sure that this never happens again,’” she said. Cordalis was part of a new generation of tribal leaders and their allies who were determined to carry on the fight.
But neither Sally Jewell, nor the governors of California and Oregon, nor the tribal activists knew whether or not FERC, a government body that operates independently of the presidential administration, would accept the new transfer proposal. It would take years to refine the details of the new agreement, and it was far from certain that the coalition would hold together: Not only was Fletcher gone, but PacifiCorp’s Kelly was about to retire. Bezdek was about to leave the negotiations as well, since the Interior Department would no longer have direct involvement in the dam removal.
More than a decade after the fight to remove the Klamath dams began, none of the campaigners could have known that the new agreement would next have to survive a global pandemic.
Part 4
Blue Creek
XII.
Amy Cordalis was on maternity leave, but she spent her days on phone calls and in Zoom meetings. The deal to remove the four Klamath River dams, which had inspired her life’s work for nearly two decades, was falling apart. Again.
It was late summer 2020, just months after the COVID-19 pandemic forced massive shutdowns across the globe. Millions of people were out of work and more than 100,000 people in the United States alone had died from the novel coronavirus. On the Yurok Tribe’s reservation in northern California, the nation had closed all government offices and schools and barred nonessential visitors from entry. A record-setting wildfire season heightened the community’s challenges, as thick wildfire smoke turned the sky orange and made every hour feel like dusk. Swaths of forest in the Klamath Basin burned.
Cordalis’ days were a blur of blur of breastfeeding, interrupted sleep, and troubleshooting her newborn’s cries. But when she learned that the dams’ owner, PacifiCorp, was threatening to pull out of the agreement to transfer its dams to a state-backed entity for demolition, she knew she needed to return to her role as the tribe’s lawyer.
For four years, Cordalis and other tribal attorneys had been working on finalizing PacifiCorp’s dam removal plan with FERC, the Federal Energy Regulatory Commission. But the agency’s makeup had changed after Donald Trump was elected president in 2016. The new commissioners decided that PacifiCorp, and the states that the Klamath ran through, needed to put up more money to fund dam removal on top of the $450 million they had already pledged. The commission also contended the company needed to keep its name on the dam licenses — a requirement PacifiCorp had long rejected, fearing it would subject the utility to potential lawsuits if anything went wrong during removal.
“Here we go again,” Cordalis thought.
Without PacifiCorp, the tribes would have to restart the relicensing process they’d been pursuing in the early 2000s.
The process had gone on so long that many of the people at PacifiCorp and in the federal government who had negotiated the original 2016 deal were no longer around. That left Richard Whitman and Chuck Bonham, the lead environmental officials for Oregon and California, to try to hold together the collapsing dam removal settlement. The two bureaucrats raced to come up with a new legal arrangement that would satisfy both FERC and PacifiCorp, even offering more money from their two states for dam removal if the company would match it. But PacifiCorp refused to give any more than the $200 million it had already promised. California Governor Gavin Newsom even wrote an open letter to Warren Buffett, head of Berkshire Hathaway, and urged him not to pull out of the deal, but the company’s position did not change.
In a last-ditch effort at diplomacy, leaders of the Yurok Tribe, Karuk Tribe, and Klamath Tribes emailed Buffett to invite him to the Yurok reservation to talk. Buffett declined, but he agreed to send a cadre of his top executives, including Greg Abel, vice chairman of Berkshire Hathaway and former CEO of Berkshire Hathaway Energy; Bill Fehrman, the president and CEO of Berkshire Hathaway Energy; Stefan Bird, the CEO of PacifiCorp’s power plant unit; and Scott Bolton, a PacifiCorp vice president. The Yurok Tribal Council passed a resolution to open the COVID locked-down reservation just for the executives.
Cordalis and the others came up with a plan for the meeting: They would take the executives up to Blue Creek — the southernmost cold-water tributary on the Klamath, the first stop for salmon heading upstream, and one of the most precious places on the river. There, they would persuade them to re-sign the deal. It would’ve been easier to meet at the reservation’s hotel, but they felt like they needed to do more to win over company officials. The executives needed to see the kind of ecosystem that the dams had destroyed.
The executives agreed to go up the river.
XIII.
Chook Chook Hillman, a Karuk Tribe citizen, knew Berkshire Hathaway well. He had been 23 years old when he confronted Warren Buffett at the 2008 Berkshire shareholders’ meeting in Omaha. Company representatives had come to his house in California and asked him to stay away from the annual gatherings while PacifiCorp hashed out the details of the dam settlement.
Chook Chook and other activists had toned down their Omaha protests slightly after that. But they remained committed to their goal, forming a group called the Klamath Justice Coalition. “Direct action is the logical, consistent method of anarchism,” they wrote on their Facebook page, quoting the Lithuanian-born author and anarchist Emma Goldman, who embraced confronting injustice with uncompromising force.
While tribal officials negotiated with federal bureaucrats in conference rooms, Chook Chook and other activists trained youth in nonviolent direct action and spoke at public hearings about Klamath water issues. In 2014, several members even flew down to Brazil to show solidarity with Indigenous peoples of the Amazon fighting against the construction of a dam.
Chook Chook Hillman, a member of the Karuk tribe, sits along the banks of the Klamath River. Hillman and a group of other young Indigenous activists spent years pushing PacifiCorp and its parent company Berkshire Hathaway Energy to remove the dams on the Klamath. Gillian Flaccus / AP Photo
By 2020, Chook Chook was 35 with a family of his own, and had spent countless hours bringing his kids to meetings and protests over the years. He was not about to let the dam removal deal fall apart. Tribal leadership had not invited him and his fellow Klamath Justice activists to the meeting on the river, a move that Chook Chook saw as an attempt to appease Berkshire’s executives. But he knew when and where the meeting on the river would take place, and that was information enough. They decided to make their presence known, invitation or not.
“They’re not going to meet with us as people, then we’ve got to do what we got to do,” he said.
The executives’ planned tour of the river immediately went awry. Just a quarter-mile into their trip to Blue Creek, the boat carrying Cordalis and some of the masked-up Berkshire Hathaway executives broke down, right in front of Cordalis’ family fishing hole. Another boat carrying PacifiCorp executives Bird and Bolton as well as Yurok biologist Mike Belchik ran aground in shallow waters and started overheating. Both groups had to hop in other Yurok tribe boats in order to continue up the river.
After another mile and a half, they were forced to stop again: The river was blockaded by protestors from the Klamath Justice Coalition who had draped a rope across it and stood in their boats holding signs saying, “Undam the Klamath.” Balanced defiantly on their boats, the activists put themselves face-to-face with Abel, Fehrman, and the other Berkshire and PacifiCorp executives.
Chook Chook’s son approached the executives first. The 11-year-old handed them a white flag. Chook Chook reminded them that his son had been just a week old when PacifiCorp executives first visited and promised to remove the dams.
“We’ve kept up our end of the bargain, we’ve given you 11 years to do it,” Chook Chook said. “I don’t know what you guys are going to decide at your meeting, but what needs to happen, has to happen. We don’t have any more time.”
Activists handed Fehrman a jug filled with foul-smelling river water. “Take the lid off and smell it,” said Annelia Hillman, a Yurok Tribe citizen and Chook Chook’s wife at the time. The Berkshire executive opened the bottle and sniffed the algae-tainted water.
PacifiCorp executives smell a bottle of toxic algae-infused water taken from the Klamath River during a standoff with Klamath Justice Coalition activists in 2020. Courtesy of Sammy Gensaw III
“Our fish are drinking that,” said Dania Rose Colegrove from the Hoopa Valley Tribe. “They have to swim in that.”
“We understand that’s a challenge,” one of the executives replied. Sammy Gensaw III, one of the Yurok youth activists, implored the executives to understand the stakes.
“This isn’t just about the Klamath River. What goes down in the Klamath Basin will be echoed throughout generations,” Gensaw said. “The rest of history will look at the decisions that we make here today.”
Gensaw’s younger brother, Jon Luke Gensaw, spoke next. “If this doesn’t end, you’re going to see more of us,” he said, surrounded by hundreds of people from all of the Klamath’s tribes. “I take my mask off because I want you to remember my face, because you’ll see me again.”
Frankie Myers, the vice chairman of the Yurok Tribe, who was on the boat with the executives, reminded the younger activists that the tribal leaders shared their goals, and that they had a schedule to keep with the company. Myers’ father, Dickie, had been one of the original dam removal campaigners who had traveled to Scotland more than a decade earlier. Chook Chook and the others felt they had made their message clear, and decided to let the executives through.
“We’re sorry we had to do this, but you know, this is what we do,” Colegrove said as they parted. “We didn’t get invited to the meeting, so we invited ourselves. You have to hear the people — it’s just how it is.”
‘What goes down in the Klamath Basin will be echoed throughout generations.’
The executives and tribal leaders finally made their way to Blue Creek. Myers urged them not to abandon the deal, and Cordalis presented an offer from the states and tribes to provide additional insurance and funding. Abel and the other PacifiCorp executives agreed to take a term sheet from the tribal campaigners, and responded to their entreaties politely, but they did not commit to meeting FERC’s new demands.
It was a beautiful day: Salmon were swimming in the cool waters, and a bald eagle flew over Abel as he defended the company’s position. Tribal leaders could not have picked a more serene place to make their case for what was at stake, but PacifiCorp didn’t concede. After lunch, the group drove their boats back to the reservation and thanked the executives for coming. At the Yurok Tribe’s debriefing meeting, the disappointment was so profound that some broke down in tears.
But a few days later, Cordalis got a call from Bill Fehrman, the Berkshire Hathaway Energy executive who had gone to Blue Creek. The voice on the other end of the line said something that stopped her in her tracks.
“Let’s talk, we need to get the dams out,” Fehrman said, according to Cordalis’ recollection.
A few months later, PacifiCorp and the two states announced that they had come to an agreement: The company and the states would each provide an additional $15 million, helping meet FERC’s demand for backup cash, and California and Oregon would add their names to the dam licenses, resolving the company’s demands about liability. Those two moves were enough to appease FERC once and for all.
For Cordalis, for Leaf Hillman, and for Jeff Mitchell, the fight was over at last. The dams were coming down.
XIV.
In January of 2024, almost a quarter-century after the dam removal campaign began in earnest, construction crews began draining the reservoir behind Iron Gate Dam, the southernmost dam on the Klamath River. The official dam removal had begun the previous year with the dismantling of Copco 2, which was by far the smallest of the four dams, but the emptying of Iron Gate marked the real beginning of the end.
Belchik arrived early to watch the moment with Cordalis, who had wanted to get there at sunrise to pray. As Belchik waited for the drawdown to proceed, he noticed the group of PacifiCorp executives standing nearby. He thought they looked a little forlorn. Belchik approached one of them and started a conversation.
The executive revealed to Belchik what had happened after the trip to Blue Creek, which many campaigners had seen as the final blow for dam removal. After the executives boarded their company jet and left the river behind, Greg Abel, the vice chairman of Berkshire Hathaway, had turned to his employees and said that they needed to figure out how to get the dams off of the river.
Belchik had never understood until that moment why the company had made such an abrupt about-face, but now it made sense to him. “Blue Creek changes people,” he said. At the start of the dam removal campaign, Ronnie Pierce had berated PacifiCorp executives for not knowing where the waterway was, and 20 years later, the company’s leaders had fallen under its spell.
Leaf Hillman, left, hugs his family as construction crews remove the final portion of Iron Gate Dam, the lowest dam on the Klamath River, in August 2024. The river flowed freely in 2024 for the first time in more than a century. Carlos Avila Gonzalez / San Francisco Chronicle / Getty Images
In a statement, a representative for PacifiCorp said the company “remained steadfast in its goals to come to a resolution agreeable to all parties and reach the ultimate successful outcome.”
The dam removal process took the better part of last year. The first step was for engineers to drain all the reservoirs behind the Klamath dams, sending millions of tons of long-stagnant sediment downstream toward the Pacific. As crews opened these dams one by one, the river grew cloudy and brown before clearing up again. Demolition teams then used 800 pounds of dynamite to blast apart Copco 1, hauling away the wreckage with bulldozers. They carved apart the earthen mass of J.C. Boyle, the highest dam on the river and the closest to the Klamath Tribes, dismantling it one scoop of dirt at a time. They started to break apart Iron Gate, the downstream dam closest to the Yurok reservation and the last barrier to salmon passage.
Only then, in the fall of 2024, did tribal leaders get to watch the Klamath flow uninterrupted once more. The water tumbled downstream, from Upper Klamath Lake, where Jeff Mitchell had first joined his tribal government in 1975 and where the C’waam and Koptu suckerfish swam through placid water, to the forested mountainsides of the Yurok Tribe, where Cordalis had watched fish die in 2002 along the warm, weak waters of the lower river. From there, the Klamath wound to the vastness of the Pacific, where the salmon were waiting to come home.
Part 5
Homecoming
XV.
Last November, two months after the final dam fell, Jeff Mitchell heard that salmon were spotted in Spencer Creek along the upper Klamath River in Oregon. He drove to the creek, which fed into the river just upstream from where the concrete behemoth of J.C. Boyle Dam had once stood.
Staring into the shallow Klamath River waters, Mitchell couldn’t see any salmon at first. Then he spotted a few carcasses resting on the bottom of the river. Anyone else might have been disappointed to find only dead fish. But to Mitchell, it felt like a glimpse of the salmon completing their life cycles after spawning, resting peacefully in an area that for so long had been denied to them.
“They’re telling me that they have come home,” he said. “And they also told me that there is work to do.”
Here was a shift, a tangible correction, to more than a century of theft, injustice, and cultural and environmental harm. Just a few weeks after the dams came down, salmon arriving from the Pacific had pushed through the reconnected river and returned to the frigid upstream tributaries that had been closed to them for decades, navigating the same rills and rapids that their ancestors did. Yurok Tribe members captured videos of spotted gray fish dashing and flopping back and forth in the reopened waterways. The waters of the Klamath, which had been depleted and laden with algae and parasites, were now flowing free, replenishing their formerly barren channels. For the first time in more than a century, the fish were spawning their eggs in a reopened river.
The fight to undam the Klamath only succeeded thanks to the tenacity of the tribes in the Klamath Basin. But it took thousands of people to make it happen — everyone from fish scientists and Bush administration bureaucrats to utility executives and environmental activists.
Many of these people may never be recognized for their roles in the campaign, but their contributions were essential. These were people like Kathy Hill, a Klamath Tribes citizen who coined the slogan, “Bring the salmon home,” that became the campaign’s rallying cry; Ron Reed, a Karuk Tribe member who had sought to persuade PacifiCorp executives of the cultural importance of salmon; and environmentalists like Kelly Catlett, who attended that first campaign meeting in Redding in 2004, and Glen Spain, who supported the agreement on behalf of deep-sea commercial fishermen.
Countless staffers working behind the scenes in tribal, state, and federal governments, as well as environmental organizations like Trout Unlimited, helped ensure the dam removal agreement survived when politicians and executives threatened to kill it. Many people who were critical to the cause never lived to see the dams come down, like Howard McConnell, a Yurok Tribe chairman, and Elwood Miller of Klamath Tribes — or Ronnie Pierce and Troy Fletcher, who had started the campaign.
Today there is a new generation of tribal members — some of them the children and grandchildren of the original dam removal advocates — who are stepping up to be stewards of the river. They are drawing their inspiration from the success of the dam removal campaign, a victory as significant as the derailment of the Keystone XL pipeline proposal.
“It just wouldn’t have happened if the Indigenous people didn’t have that vision,” said Amy Cordalis of the Yurok Tribe.
But to Mitchell, now 67, the victory is bittersweet. Throughout the past 25 years, the Earth has grown warmer, and water is becoming scarcer. He isn’t sure how he feels about passing down the responsibility for protecting the fish to his children and grandchildren. He and his fellow campaigners freed the river from the PacifiCorp dams, but they weren’t able to protect it from the ravages of climate change and water scarcity.
“Honestly, I just want them to enjoy this land and enjoy life,” he said. “I didn’t want to have to have them fight like I had to fight.”
Young members of the Yurok Tribe gather at the mouth of the Klamath River, where it meets the Pacific Ocean. The tribe is working to restore the land around the old dam sites and monitor salmon populations as they return upstream. Michael Macor / The San Francisco Chronicle / Getty Images
The Klamath River Basin has no shortage of challenges, even with the dams down. The former reservoir land will have to be replanted and preserved, which will require years of stewardship by the Yurok and Karuk tribes. The waters of Upper Klamath Lake in Oregon are still contaminated with runoff from farms and ranches in the area, and the lake often sees toxic algal blooms like those that once occurred in the PacifiCorp reservoirs. Relationships between farmers and tribal communities are back to being “tenuous,” according to a lead advocate for the Klamath farmers, and the comity established between Troy Fletcher and Greg Addington has long since faded.
The biggest remaining conflict on the river is over water, the same issue that supercharged the dam removal campaign after the 2002 fish kill. The U.S. Bureau of Reclamation still controls a large dam and canal system at the top of the river, which it uses to deliver irrigation water to potato farmers in the Klamath. During dry years, the bureau must choose between leaving water in Upper Klamath Lake for C’waam and Koptu suckerfish, releasing it to the farmers, or letting it flow down the Klamath River for the salmon to swim in.
Dam removal took PacifiCorp out of the Klamath and opened up hundreds of miles of former salmon habitat, but it did not resolve the question of where the government should send water during years when there is not enough of it. That was the promise of the original Klamath settlement agreement, which died in Congress owing to inaction from former Oregon Representative Greg Walden and other Republican leaders.
Neither farmers nor tribal nations are benefiting from this stalemate. Recent water shortages, which have been intensified by climate-fueled drought, have forced farms in the basin to downsize crop production. Populations of C’waam and Koptu have shrunk as well, despite restrictions on water deliveries to Klamath Basin farmers. Klamath Tribes and the Yurok Tribe are still in the middle of long-running fights over this water crisis. The Klamath Tribes want to protect rights to water from Upper Klamath Lake, and Cordalis and the Yurok Tribe are trying to compel the government to ensure endangered salmon always have enough water to swim upstream, even if it means cutting irrigation for farmers.
“We have been spending millions and millions and millions of dollars [on the lawsuits] and neglecting other areas that we need to be paying attention to to help our people,” said Mitchell. “But we understood and knew that if we didn’t fight this fight, we could lose all of our resources. Everything needs water. And all we wanted was enough water.”
Mitchell isn’t sure how long it will take to resolve these cases, or whether he’ll live to see them come to a conclusion. As he sees it, the outlook for the river is grim: With Donald Trump in office again and already moving to gut the Endangered Species Act, it’s possible that the suckerfish in Upper Klamath Lake may fall even closer to extinction. Farmers and tribes reached an agreement under Joe Biden’s administration to restore degraded river ecosystems, but that agreement depends on funding from the Inflation Reduction Act that Trump may withhold.
But nothing, not even the Trump administration, can put the PacifiCorp dams back up on the Klamath, or take away the victory that the dam removal campaigners achieved. The precedent has been set: For more than a century, governments and private utilities built dams with impunity, blocking forest streams from the mountains of Appalachia to massive waterways like the Colorado River. Today, Indigenous youth are planning to paddle the full length of the Klamath River for the first time.
The dam removal is a victory in itself, but it also ensures that tribes will never stop fighting for the Klamath and other rivers like it, said Cordalis. That will be true no matter how many setbacks they face.
“Dam removal is just the beginning,” she said.
Credits
This story was reported and written by Anita Hofschneider and Jake Bittle. Illustration was done by Jackie Fawn, with art direction and design by Mia Torres. Development by Parker Ziegler. Meredith Clark handled fact checking.
The project was edited by Tristan Ahtone, John Thomason, Katherine Lanpher, and Katherine Bagley. Teresa Chin provided design edits. Jaime Buerger managed production. Megan Merrigan and Justin Ray handled promotion. Rachel Glickhouse coordinated partnerships.
About the Artist
Jackie Fawn (Yurok/Washoe/Filipina) is a graphic illustrator from Del Norte County, California. She currently lives in Akwesasne, Mohawk territory in New York with her husband and daughter.