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Monday, May 06, 2024

As US spotlights those missing or dead in Native communities, prosecutors work to solve their cases

AP |
May 06, 2024 

As US spotlights those missing or dead in Native communities, prosecutors work to solve their cases


ALBUQUERQUE, N.M. — It was a frigid winter morning when authorities found a Native American man dead on a remote gravel road in western New Mexico. He was lying on his side, with only one sock on, his clothes gone and his shoes tossed in the snow.

As US spotlights those missing or dead in Native communities, prosecutors work to solve their cases

There were trails of blood on both sides of his body and it appeared he had been struck in the head.

Investigators retraced the man's steps, gathering security camera footage that showed him walking near a convenience store miles away in Gallup, an economic hub in an otherwise rural area bordered on one side by the Navajo Nation and Zuni Pueblo on the other.

Court records said the footage and cell phone records showed the victim — a Navajo man identified only as John Doe — was “on a collision course” with the man who would ultimately be accused of killing him.

A grand jury has indicted a man from Zuni Pueblo on a charge of second-degree murder in the Jan. 18 death, and prosecutors say more charges are likely as he is the prime suspect in a series of crimes targeting Native American men in Gallup, Zuni and Albuquerque. Investigators found several wallets, cell phones and clothing belonging to other men when searching his vehicle and two residences.

As people gathered around the nation on Sunday to spotlight the troubling number of disappearances and killings in Indian Country, authorities say the New Mexico case represents the kind of work the U.S. Department of Justice had aspired to when establishing its Missing and Murdered Indigenous Persons outreach program last summer.

Special teams of assistant U.S. attorneys and coordinators have been tasked with focusing on MMIP cases. Their goal: Improve communication and coordination across federal, tribal, state and local jurisdictions in hopes of bridging the gaps that have made solving violent crimes in Indian Country a generational challenge.

Some of the new federal prosecutors were participating in MMIP Awareness Day events. From the Arizona state capitol to a cultural center in Albuquerque and the Qualla Boundary in North Carolina, marches, symposiums, art exhibitions and candlelight vigils were planned for May 5, which is the birthday of Hanna Harris, who was only 21 when she was killed on the Northern Cheyenne Indian Reservation in Montana in 2013.

It was an emotional day in Albuquerque, where family members and advocates participated in a prayer walk. They chanted: “What do we want? Answers! What do we want? Justice!" There were tears and long embraces as they shared their stories and frustrations. They talked about feeling forgotten and the lack of resources in Native communities.

Geraldine Toya of Jemez Pueblo marched with other family members to bring awareness to the death of her daughter Shawna Toya in 2021. She said she and her husband are artists who make pottery and never dreamed they would end up being investigators in an effort to determine what happened to their daughter.

“Our journey has been rough, but you know what, we're going to make this journey successful for all of our people that are here in this same thing that we're struggling through right now,” she said, vowing to support other families through their heartbreak as they seek justice.

Alex Uballez, the U.S. attorney for the District of New Mexico, told The Associated Press on Friday that the outreach program is starting to pay dividends.

“Providing those bridges between those agencies is critical to seeing the patterns that affect all of our communities,” Uballez said. “None of our borders that we have drawn prevents the spillover of impacts on communities — across tribal communities, across states, across the nation, across international borders.”

Assistant U.S. Attorney Eliot Neal oversees MMIP cases for a region spanning New Mexico, Arizona, Colorado, Utah and Nevada.

Having law enforcement agencies and attorneys talking to each other can help head off other crimes that are often precursors to deadly violence. The other pieces of the puzzle are building relationships with Native American communities and making the justice system more accessible to the public, Neal said.

Part of Neal's work includes reviewing old cases: time-consuming work that can involve tracking down witnesses and resubmitting evidence for testing.

“We’re trying to flip that script a little bit and give those cases the time and attention they deserve,” he said, adding that communicating with family members about the process is a critical component for the MMIP attorneys and coordinators.

The DOJ over the past year also has awarded $268 million in grants to tribal justice systems for handling child abuse cases, combating domestic and sexual violence and bolstering victim services.

Assistant U.S. Attorney Bree Black Horse was dressed in red as she was sworn in Thursday during a ceremony in Yakima, Washington. The color is synonymous with raising awareness about the disproportionate number of Indigenous people who have been victims of violence.

She prosecutes MMIP cases in a five-state region across California and the Pacific Northwest to Montana. Her caseload is in the double digits, and she's working with advocacy groups to identify more unresolved cases and open lines of communication with law enforcement.

An enrolled member of the Seminole Nation of Oklahoma and a lawyer for more than a decade, Black Horse said having 10 assistant U.S. attorneys and coordinators focusing solely on MMIP cases is unprecedented.

“This is an issue that has touched not only my community but my friends and my family,” she said. “I see this as a way to help make sure that our future generations, our young people don’t experience these same kinds of disparities and this same kind of trauma.”

In New Mexico, Uballez acknowledged the federal government moves slowly and credited tribal communities with raising their voices, consistently showing up to protest and putting pressure on politicians to improve public safety in tribal communities.

Still, he and Neal said it will take a paradigm shift to undo the public perception that nothing is being done.

The man charged in the New Mexico case, Labar Tsethlikai, appeared in court Wednesday and pleaded not guilty while standing shackled next to his public defender. A victim advocate from Uballez's office was there, too, sitting with victims' family members.

Tsethlikai's attorney argued that evidence had yet to be presented tying her client to the alleged crimes spelled out in court documents. Assistant U.S. Attorney Matthew McGinley argued that no conditions of release would keep the community safe, pointing to cell phone data and DNA evidence allegedly showing Tsethlikai had preyed on people who were homeless or in need of alcohol so he could satisfy his sexual desires.

Tsethlikai will remain in custody pending trial as authorities continue to investigate. Court documents list at least 10 other victims along with five newly identified potential victims. McGinley said prosecutors wanted to focus on a few of the cases “to get him off the street" and prevent more violence.

Sunday, April 28, 2024

The Observer Billy Bragg  Interview

Billy Bragg: ‘There’s nothing like going out there singing your truth. That ain’t changed’

The singer-songwriter’s brand of stubborn protest songs with a strain of tenderness has kept him relevant for 40 years. Here he talks about why he’s fighting for trans rights, his late-night tweeting habit and his forthcoming tour – with his son


Tim Adams
Sun 28 Apr 2024 

Recently, Billy Bragg showed his two young granddaughters a little promo film he put together celebrating his 40 years of making records. The girls were nonplussed by the early scenes on picket lines and spiky festival stages, but towards the end, recognising an avuncular white-bearded bloke with a guitar, they brightened: “Look, it’s Grandad Bill!” they chorused. “It was actually all Grandad Bill,” their father pointed out, but they weren’t having any of it.

Meeting Bragg at the station car park in Weymouth – not far from where he lives along the Dorset coast – and heading up to a cafe on the headland overlooking the sweep of the bay, I sympathise a little bit with their sentiment. The first time I saw the singer in the flesh was sometime late in 1984, when he was giving it his full “one-man Clash” performance on student stages at miners’ benefits. Even at the time that felt like it might be a hard act to grow old with; yet here he is in the seaside retirement resort, still fighting the good fight.

View image in fullscreenOn stage at Victoria Palace theatre, London, 1984. 
Photograph: Peter Brooker/Shutterstock

You could never claim he has not put in the hard yards. As his old friend and former NME editor Neil Spencer says of their days together in Red Wedge, the mid-80s attempt to build youth opposition to the Thatcher government: “Billy was always first on the bus.” Bragg’s doing some concerts this summer, supported by his son, Jack Valero, also a singer-songwriter, to celebrate 20 years of the anti-Nazi collective Hope Not Hate. The promotion for those gigs gives a flavour of his commitment: “Bill’s words and actions have galvanised thousands of anti-fascists across the country,” the blurb states, going on to say: “During a difficult campaign against the fascist British National party in 2010, Billy delivered refreshments to hungry and tired activists – before performing a storming set on the eve of the elections. Barking and Dagenham was liberated, and the fascists were finally sent packing.”

Such billing brings pressures, not least that ever-present danger on the British left of looking like a 1980s tribute act. Bragg tells me he no longer plays what is perhaps his most easily parodied song of that era, Between the Wars: “I started to feel that my audience were becoming a bit nostalgic for the miners’ strike and Arthur Scargill and Margaret Thatcher. I wasn’t comfortable with that.”

Since his initial activist days, Bragg has found a solid international audience, particularly in the US and Australia. This began with his appearance at a Woody Guthrie tribute concert in Central Park in New York in 1992. After that performance, Guthrie’s daughter Nora approached Bragg to put music to some of her father’s unrecorded lyrics, which in turn led to a Grammy-nominated album of “new” Guthrie songs, Mermaid Avenue, performed by Bragg and the American rock band Wilco. Bragg remains the unofficial keeper of Guthrie’s radical flame; Nora gave him a Navajo blanket to sleep under in Dorset. He had a T-shirt bearing the question: “What would Woody do?” and you imagine it is a question that is never that far from his mind.
Some people sing about love, some about war, some about a better world to come. Well, I sing about all three


His most recent album, 2021’s The Million Things That Never Happened, featured the song Mid-Century Modern, a pointed attack on any complacency in his fans and himself:


It’s hard to get your bearings in a world that doesn’t care
Positions I took long ago feel comfy as an old armchair
But the kids that pull the statues down they challenge me to see
The gap between the man I am and the man I want to be

As he says: “If you are going to ask your audience to raise their fist in solidarity, you’ve also got to challenge them now and then.”

His own challenge is the restless motivation to keep finding the edge of political relevance. In recent years this has led him to various campaigning positions – on the train down to Dorset, I’ve been reading his thoughtful manifesto for reclaiming English nationalism from the right, The Progressive Patriot.

That desire for relevance also encouraged his response to Oliver Anthony’s viral folk song Rich Men North of Richmond, the adopted anthem of Donald Trump’s Republicans. Bragg wrote a quick version, Rich Men Earning North of a Million, to counter the way in which Oliver “shamefully punched down on people on welfare”.
View image in fullscreenBragg and Paul Weller promote Red Wedge, 1985. 
Photograph: Steve Rapport/Getty Images

And, of course, that need to be on the latest contested frontline has expressed itself in Bragg becoming a prominent late-night warrior in that most fevered of all contemporary arenas: tweets on X about trans rights. (His first forays into these debates so enraged gender-critical feminists that several adopted his name as an ironic moniker.) Though he might speak to me of the need for compromise, he is not temperamentally inclined to take a step back from that fray.


If “Which side are you on, boys?” intransigence were Bragg’s only trait, he would probably be crankily insufferable after four decades. Listening to that adult lifetime of music, however, the vehemence of the ballads of working-class anger is in tension with the strain of vulnerable tenderness that has always been a feature of his writing. “Some people sing about love, some people sing about war, some people sing about a better world to come. Well, I sing about all three,” he says. Or to quote perhaps his most famous lines: “I don’t want to change the world / I’m not looking for a new England / I’m just looking for another girl.”


How we made: Billy Bragg’s A New England

Read more


The rasping Bragg voice still has the capacity – like any Ken Loach film – to make a grown man’s lip tremble. This happened most recently in his pair of songs for his “sweetheart and life partner”, Juliet De Valero Wills, who was being treated for breast cancer during lockdown: I Will Be Your Shield – a poignant reference both to his and the NHS’s encircling care – and The Fourteenth of February, a beautiful little acoustic hymn to their 30 years together.

He’s chosen this cafe because it’s at one end of a favourite cliff walk that he and Juliet do (in answer to my question about her health, he says happily: “She’s doing well now, thanks”). I’d originally asked if we might meet at his home, but he declined because he didn’t want it identified (I suspect he also may be wary of the seafront villa backdrop complicating his image). Anyhow, sitting down, the first thing we talk about is the impossibility of the fact that he has been doing this stuff for so long. Could he have imagined it?


“I was in New York last week and I was talking to someone about [the American folk legend] Pete Seeger,” he says. “They’re doing a biopic. I realised I first met Pete at the Festival of Political Songs in East Berlin in 1986. I thought he was like the ancient old man of the mountains. He was 66.” He laughs. “Same fucking age as I am now.”

Bragg has lost none of his Essex accent in his singing, and in conversation little of it has been softened by a quarter-century in proximity to West Country vowels. Sitting in the cafe’s windswept conservatory eating bubble and squeak and a fried egg – in homage to a favourite from his childhood – he occasionally attracts alarmed glances from retired couples in anoraks when talking in suitably robust terms about, say, the scandal of the Rwanda flights. He unashamedly closes his concerts with the same line he always used: “My name is Billy Bragg. I’m from Barking, Essex,” and he insists that it feels as true to him now as it ever did.
There’s a rural union tradition in this country as well as an industrial one. Why Labour has little to say to this part of the world I have no idea

I wonder how that line is understood by audiences in Austin or Adelaide? “As a sort of useful explanation for everything you’ve just heard,” he says. “Particularly if you are sitting there thinking: ‘What the hell was that?’” But the line is also a kind of political shorthand for the brand of identity he advocates. “I’ve never bought into this whole bullshit divide between ‘people of somewhere’ and ‘people of nowhere’,” he says, referencing David Goodhart’s explanation of the Brexity attractions of populism in a globalist world. “You can be a person who both has a cosmopolitan view of things, but who also has a strong sense of belonging to this particular group in this particular place.”

With this in mind, one of his lockdown projects was to put together an internet book of family history for his cousins and nephews.
View image in fullscreenBilly Bragg with his father in 1960 in Barking. 
Photograph: Courtesy Billy Bragg

He gives me a quick potted history of the family tree. The Bragg side of things was mostly contained in a box of old pictures handed down from his great-grandfather, who ran a pub on Barking quay. His mum’s people were Italian immigrants, ice-cream sellers, who first settled on Cable Street in London’s East End, scene of the battle against Oswald Mosley’s Blackshirts. “The D’Ursos were all modern people, listening to Radio Luxembourg and all that. But the Braggs in Barking were stubbornly Victorian. My dad’s aunt was born in 1876, she lived round the corner from us; she still had gas lighting in her house when I was a kid.”

When he moved out of London in the millennium year, it might have looked as if he was distancing himself from some of his past, even selling out (that mortal fear of 1980s rebels), but that’s not how he viewed it.


“It was a commitment to spend more time with Juliet and Jack. And I’m glad I did it. It gave me a different perspective on this country. But I’m still a Londoner – I’ll always be a Londoner.”

Anyhow, he suggests, wherever you are in the world, you are never far from one frontline or another. He points to the fact that the Bibby Stockholm barge of asylum seekers is moored just around the bay. And that Richard Drax, whose £150m fortune originates in part from the family legacy in the slave trade, is the local MP. And that’s before you get to “the farmers and rural communities who have been sold down the river by Brexit”.

“We are a few miles down the road from Tolpuddle here, where it all started,” Bragg says. “There is a rural union tradition in this country, as well as an industrial one. Why Labour has little to say to this part of the world I have no idea.”

In this election year, Bragg has (once again) cut ties with the Labour party. What caused him to cut up his card on this occasion?

“All that ‘Israel has a right to defend itself,’” he says. “And to be fair, I felt I had put up with a lot. I voted for [Keir] Starmer as leader and I’ve still got on my desk his list of pledges. The nationalisation of utilities, the green New Deal, doing something on proportional representation. Those pledges suggested to me that Starmer was a development on [Jeremy] Corbyn, who was very much a 20th-century politician. And then you watch him just get rid of those pledges one after the other. The position on Gaza was the last straw for me.”skip past newsletter promotion




Bragg in 1985, watched by then Labour leader Neil Kinnock. The singer has recently cut ties with the party. Photograph: Richard Young/Rex Features


We briefly talk through that checklist of reasons not to be at all cheerful: Ukraine, Trump, the climate crisis. But he insists, despite everything, he is – raising his mineral water – a glass-half-full person. There’s a simple reason for that: “Because when I get depressed or cynical, I have the privilege of being able to go out in the dark and sing my songs, and when everyone claps, I don’t feel so bad. What I hope to do in my gigs is for the audience to feel like that too. That at least there’s this roomful of people in their town who do give a shit. Music can’t change the world, but it can do that.”

There is an entertaining authorised biography of Bragg, Still Suitable for Miners, by the journalist Andrew Collins, which details his steps towards his vocation. Born Stephen Bragg, he was badly bullied at school, he lost his dad when he was 18 and briefly joined the army before strapping on his guitar and finding other battles.

“The first Rock Against Racism concert [in 1978] was the spark for me,” he says now. “It was all there ready, but I needed to see those 80,000 kids just like me in Victoria Park [in east London]. On that day, my generation found our issue, as the previous generations had with Vietnam and CND. And it was to end discrimination of all kinds. Not just racism, but homophobia – we would be the generation that defeated apartheid and supported Pride.”
This isn’t something that comes from Twitter. [Being trans] is something that people feel inside

And he could immediately see a role for himself in that generational campaign? He smiles. “One thing was I had never met an out gay man until then. I’m sure I had met gay men in Barking but none of them were out. And then on stage Tom Robinson starting up with (Sing If You’re) Glad to Be Gay and all around me these blokes started kissing each other. I thought: ‘Fucking hell, what’s this?’ But it didn’t take me long to realise that it was a common cause – that the fascists are after anyone who is different, any minority. But you need those experiences to discover that solidarity.”

It’s a memory of that moment, I think, that has prompted his partisan anger on the issue of trans rights, his opposition to feminists such as JK Rowling, who argue for biological women’s right to their own protected spaces.

Speaking to the self-styled “luxury communist” Ash Sarkar earlier this year, Bragg suggested he was embarrassed to have come to the issue fairly late. His instincts went back to old ties of solidarity against discrimination. In particular, remembering the role that the campaigning group had played in gay and lesbian liberation during the 80s: “I wanted to start by saying it’s not a good idea to bring down Stonewall.”

The day we meet is the day after the Cass report on NHS gender identity services for children and young people has been published, which at the very least seems to offer sensible checks and balances to the position that the current incarnation of Stonewall has promoted and to the online and real-world efforts to cancel those who refuse it.


Bragg tells me he welcomes Dr Hilary Cass’s findings, at least up to a point: “I’m 100% behind a holistic approach to supporting kids,” he says. But he considers Cass to put too strong an emphasis on social media. “That’s just victim blaming,” he says.
A Stop the War demonstration in London, 21 January 1991, with Emma Thompson (far left), Jeremy Corbyn (third from left) and Ken Livingston and Billy Bragg (centre). Photograph: Mirrorpix/Getty Images

Though he recognises the potential harm of early medical intervention in dysmorphia cases, he fears that the report will give strength to those who “say that trans kids don’t exist. They tried to do that with section 28 with gays and lesbians. But this isn’t something that comes from Twitter. This is something that people feel inside. This is a serious problem that people need help with. And when we say trans kids, we mean people up to the age of 16; not – as Cass weirdly seems to say – people up to age 25.”

There are plenty of voices out there that rebut that latter interpretation, and a subsequent Q&A between Cass and LGBTQ+ groups clarified some of those contentions. My own strongest feeling, I tell him – I reported on the cultish-seeming evangelism of the Mermaids group lobbying for the untested certainties of hormone treatment way back in 2016 – was that if ever there was an issue that social media is ill-equipped to debate, it is this one. I haven’t seen evidence for Bragg’s assertion that his most prominent opponents are “saying that trans people don’t exist”. Surely it is more the case that we are talking about different complex views in a genuine conflict of rights.

“My problem with people like Rowling, like Julie Bindel, is really who they are lined up with,” he says. “[Rowling and Bindel] are people who I agree with about women’s rights. I agree with them about abortion. But we don’t agree on this. It reminds me of a TV debate I did back with Red Wedge; on one side of the table was me, Jerry Dammers and Clare Short, and on the other Stewart Copeland, a Tory MP called Greg Knight and Chris Dean from the Redskins. Now, me and Chris had toured during the miners’ strike, but I looked at Chris, and pointed to who he was sitting with, and told him he was on the wrong side of the table. And that’s what I see with Rowling and the others: they are on the wrong side of the table.”

His argument is that some of his opponents on the issue appear to be giving strength to anti-trans campaigns on the fundamentalist religious right in the US and elsewhere – that if any ground is given “the next thing will be an assault on equal marriage and abortion”. But of course there is no suggestion at all that Rowling or Bindel have any sympathy with those groups so, again, isn’t that a problem of social media platforms themselves, which are engineered to promote simple binaries over nuanced argument, and which reinforce “which side are you on” tribalism.

He seems to agree, when we talk, that it might be better to aim fire at those extremist reactionary groups but reserves his right to defend his corner if “people are spitting at him” on X. We go around the houses on this for a while, before finding a bit of neutral ground in the idea that it is partly the job of our generation to “get out of the way” and let the young find their solutions. Subsequently, he sends me one or two extreme tweets (not from any of his prominent “opponents”) that confirm his view that there are people out there who argue trans children do not exist. Last week he was still firing off threads – all rigorously refuted – that cast doubt on Cass’s conclusions.


In our interview, though, talk of future generations brings us off the subject and on to discussing how he feels about performing alongside his son, Jack, on his forthcoming mini tour. I ask what advice he’s given him about following in the family trade?
Billy Bragg with his son, Jack Valero, who goes on tour with him in May. Photograph: Jill Furmanovsky

“I wouldn’t dare to tell him how to write songs – that’s not my place at all,” he says. “And he learned to play guitar by playing Guitar Hero. What he doesn’t have is any illusions. I came into this job with lots of fabulous preconceptions about limousines and playing Wembley stadium. Jack’s grown up seeing what it’s like behind the curtain. It’s a very different landscape now. But still there’s nothing better than going out there singing your truth. That ain’t changed.”

We talk a bit about the challenges faced by that generation in terms of mental health – how social media has fractured collective identities.

“The thing is,” Bragg says, “my therapy group was me and my friends sitting around playing guitars in my mum’s back room. Not only did they save me from getting my arse kicked in Barking, it also gave me the confidence to express myself. And going out on stage on my own, not as Stephen Bragg but as Billy, was my final proof to myself that I wasn’t afraid of anything.”

He regrets not standing up a bit more to bullies as a kid, but he’d like to think he’s made up for that since.

“Stephen Bragg was this sad guy I went to school with,” he says. “I feel so sorry for him when I see photographs of him – he was a good lad and he didn’t stand a fucking chance. I like to think Billy Bragg put his arm around him and said: ‘Listen, stick with the guitar player; we’re gonna be OK.’ I sort of think they are two completely different people, but my old friends would probably disagree. They’d say: ‘It’s just that these days’” – as his granddaughters understand – “‘one of them’s got grey hair and a beard.’”

Billy Bragg is on tour from 8 May

Thursday, April 18, 2024

U$A
Red state coal towns still power the West Coast. We can't just let them die


Sammy Roth
 Los Angeles Times
Tue, April 16, 2024 

The Colstrip coal plant lights up the night, generating power mostly for Oregon and Washington. 


LONG READ


In the early mornng light, it's easy to mistake the towering gray mounds for an odd-looking mountain range — pale and dull and devoid of life, some pine trees and shrublands in the foreground with lazy blue skies extending up beyond the peaks.

But the mounds aren't mountains.

They're enormous piles of dirt, torn from the ground by crane-like machines called draglines to open paths to the rich coal seams beneath. And even though we're in rural southeastern Montana, more than 800 miles from the Pacific Ocean, West Coast cities are largely to blame for the destruction of this landscape.


Workers at the Rosebud Mine load coal onto a conveyor belt, which carries the planet-wrecking fuel to a power plant in the small town next door. Plant operators in Colstrip burn the coal to produce electricity, much of which is shipped by power line to homes and businesses in the Portland and Seattle areas. It's been that way for decades.

"The West Coast markets are what created this," Anne Hedges says, as we watch a dragline move dirt.


An aerial view of the coal mine outside Colstrip that feeds the town's power plant. 

She sounds frustrated, and with good reason.

Hedges and her fellow Montana environmentalists were happy when Oregon and Washington passed laws requiring 100% clean energy in the next two decades. But they're furious that electric utilities in those states are planning to stick with coal for as long as the laws allow, and in some cases making deals to give away their Colstrip shares to co-owners who seem determined to keep the plant running long into the future.

"Coal is not dead yet," Hedges says. "It's still alive and well."

That's an uncomfortable reality for West Coasters critical of red-state environmental policies but not in the habit of urging their politicians to work across state lines to change them — especially when doing so might involve compromise with Republicans.

One example: California lawmakers have refused to pass bills that would make it easier to share clean electricity across the West, passing up the chance to spur renewable energy development in windy red states such as Montana and Wyoming — and to show them it's possible to create construction jobs and tax revenues with renewable energy, not just fossil fuels.

Instead, California has prioritized in-state wind and solar farms, bowing to the will of labor unions that want those jobs.

It's hard to blame Golden State politicians, and voters, for taking the easy path.

But global warming is a global problem — and whether we like it or not, the electric grid is a giant, interconnected machine. Coal plants in conservative states help fuel the ever-deadlier heat waves, fires and storms battering California and other progressive bastions. The electrons generated by those plants flow into a network of wires that keep the lights on across the American West.

Also important: Montana and other sparsely populated conservative states control two U.S. Senate seats each, and at least three electoral votes apiece in presidential elections. Additional federal support for clean energy rests partly in their hands.

Those are the practical considerations. Then there are the ethical ones.

For years, the West's biggest cities exported their emissions, building distant coal generators to fuel their explosive growth. Los Angeles looked to Delta, Utah. Phoenix turned to the Navajo Nation. Albuquerque turned to the Four Corners region.

That wave of coal plants — some still standing, some demolished — created well-paying jobs, lots of tax payments and a thriving way of life for rural towns and Native American tribes. All are now struggling to map out a future without fossil fuels.


Mule deer roam through the town of Colstrip, not far from the power plant.

What do big cities owe those towns and tribes for producing our power and living with our air and water pollution? Can we get climate change under control without putting them out of business? What's their role in the clean energy transition?

If they refuse to join the transition, how should we respond?

A team of Los Angeles Times journalists spent a week in Montana trying to answer those questions.

We explored the town of Colstrip, hearing from residents about how the coal plant and mine have made their prosperous lives possible. We talked with environmental activists who detailed the damage coal has caused, and with a fourth-generation rancher whose father fought in vain to stop the power plant from getting built — and wrote poems about his struggle.

Coal is going to die, sooner or later. For the sake of myself and other young people, I hope it's sooner.

And for the sake of places like Colstrip, I hope it's the beginning of a new chapter, not the end of the story.


Coal pays the bills. For now

For a community of 2,000 people, Colstrip doesn't lack for nice things.

The city is home to 32 public parks and a gorgeous community center, complete with child care, gym, spin classes, tanning booth and water slide. The spacious health clinic employs three nurses and two physical therapists, with a doctor coming to visit once a week. There's an artificial lake filled with Yellowstone River water and circled by a three-mile walking and biking trail.

Everybody knows where the good fortune comes from.

The high school pays homage to the source of Colstrip's wealth with the hashtag #MTCOAL emblazoned on the basketball court's sparkling floor. A sign over the entrance to campus celebrates the town's 2023 centennial: "100 Years of Colstrip. Powered by Coal, Strengthened by People."

"We have nothing to hide," Jim Atchison tells me. "We just hope that you give us a fair shake."


Jim Atchison steps out of his office in Colstrip. 

I couldn't have asked for a better tour guide than Atchison, who for 22 years has lived in Colstrip and led the Southeast Montana Economic Development Corp. He's soft-spoken and meticulous, with a detailed itinerary for our day and a less ironclad allegiance to coal than many of the locals we'll meet.

They include Bill Neumiller, a former environmental engineer at the power plant. We start our day with him, watching the sun rise over the smokestacks across the lake. He moved to Colstrip 40 years ago, when the coal plant was being built. He enjoys fishing in the well-stocked lake and teaching kids about its history, in his role as president of the parks district.

The plant, he says, pays the vast majority of the city's property taxes.

"It's been a great place to raise a family," he says.

So many people have similar stories — the general manager of a local electrical contractor, the administrator of the health clinic. I especially enjoy chatting with Amber and Gary Ramsey, who have run a Subway sandwich shop here for 30 years.

"It takes us two to three hours to get through the grocery store, because you know everybody," Gary says.

He didn't plan to spend his life here. Sitting at a table at Subway, he tells us he grew up in South Dakota and went to college in North Dakota before taking a job teaching math and coaching wrestling in Colstrip. He planned to stay for a year or two.

Then he met Amber, who was working part-time as a bartender and doing payroll at the coal plant.

"Forty years later, I'm still here," he says. "We raised our kids here."


The power plant's smokestacks are visible from miles away in the town of Colstrip. 


John Williams was one of the first Montana Power Co. employees to move to Colstrip, as planning for the plant's construction got started. Today he's the mayor. He's well-versed in local history, from the first coal mining in the 1920s — which supplied railroads that later switched to diesel — to the economic revitalization when the Portland and Seattle areas came calling.

Unlike many of the other Colstrip lifers who share their stories, several of Williams' kids have left town. But one of his sons lives in a part of Washington where some of the electricity comes from Colstrip. Same for another son who lives in Idaho.

It's hard for Williams to imagine a viable future for his home without the power plant.

"I believe they are intimately tied together," he says.

And what about climate change, I ask?

Nearly everyone in Colstrip has a version of the same answer: Even if it's real, it's not nearly as bad as liberals claim. And without coal power, blackouts will reign. West Coast city-dwellers don't understand how badly they need us here in Montana.

Atchison is an exception.

Yes, he's dubious about climate science. And yes, he wants to save the mine and power plant. His office is plastered with pro-coal messages — a sign that says, "Coal Pays the Bills," a magnet reading, "Prove you're against coal mining: Turn off your electricity."

But he knows the market for coal is shrinking as the nation's most populous cities and most profitable companies increasingly demand climate-friendly energy. So he's preparing for a future in which Colstrip has no choice but to start providing it.

"We have one horse in the barn now," Atchison says. "We need to add two or three more horses to the barn."


A conveyor belts carries coal from the Rosebud Mine to the Colstrip power plant. 

Ever since President Obama started trying to tighten regulations on coal power, Atchison has been developing and implementing an economic diversification strategy for Colstrip. It involves expanding broadband capacity, building a business innovation center and broadening the local energy economy beyond coal. The transmission lines connecting Colstrip with the Pacific Northwest are an especially valuable asset, capable of sending huge amounts of clean electricity to the Pacific coast.

"Colstrip is evolving from a coal community into an energy community," Atchison says. "We're changing. We're not closing."

Already, Montana's biggest wind farm is shipping electricity west via the Colstrip lines. A Houston company is planning another power line that would run from Colstrip to North Dakota. Federal researchers are studying whether Colstrip's coal units could be replaced with advanced nuclear reactors, or with a gas-fired power plant capable of capturing and storing its climate pollution.

West Coast voters and politicians could speed up the evolution, for Colstrip and other coal towns. Instead of just congratulating themselves for getting out of coal, they could fund training programs and invest in clean energy projects in those towns.

They'll never fully replace the ample jobs, salaries and tax revenues currently provided by coal. But nothing lasts forever. One hundred years is a pretty good run.


Some inconvenient truths


"Great God, how we're doin'! We're rolling in dough,

As they tear and they ravage The Earth.

And nobody knows...or nobody cares...

About things of intrinsic worth."

—Wally McRae, "Things of Intrinsic Worth" (1989)

Growing up outside Colstrip in the 1970s could lead to strange moments for Clint McRae, the son of a cowboy poet.

He was a teenager then, and Montana Power Co. was working to build public support for Units 3 and 4 of the coal plant. One day his eighth-grade teacher instructed everyone who supported the new coal-fired generators to stand on one side of the classroom. Everyone opposed should stand on the other side.

McRae was the only student opposed.

"And then [the teacher] gave a lecture about how important the construction of these plants was and handed out bumper stickers that said, 'Support Colstrip Units 3 and 4,'" McRae tells me, shaking his head. "It was terribly uncomfortable."


Rancher Clint McRae was raised outside Colstrip and has followed in his father's footsteps. 

Later, his mom was doing laundry and found a pro-coal bumper sticker in his pants pocket. She showed it to his cattle rancher father, Wally, "and I guess he went over there [to the school] and kicked ass and took names," McRae says with a laugh.

Fifty years later, he's carrying on his dad's legacy.

We spend a morning in the Colstrip area on McRae's sprawling ranch, admiring sandstone rock formations and herds of black angus cows. The scenery is harsh but elegant, rolling hills and pale green grasses and pink-streaked horizon lines.

"This country has a sharp edge to it," McRae says, quoting a photographer who visited the property years ago.

The land has been in his family since the 1880s, when his great-grandfather immigrated from Scotland. He hopes his youngest daughter — who recently moved back home with her husband — will be the fifth generation to raise cattle here.

"And we just had a grandchild seven months ago, and she's the sixth," he says.


Rancher Clint McRae contemplates the environmental threats facing his family's land. 

McRae wears a cowboy hat and drives a pickup truck. He tells me right away that he's "not the kind of person who participates in government programs unless I absolutely have to." He's certainly got no qualms about making a living selling beef.

But McRae and his forebears defy stereotypes.

His father, Wally, not only raised cows but was also a celebrated poet, appointed by President Clinton to the National Council on the Arts. In the 1970s, he joined with other ranchers to help found Northern Plains Resource Council, an advocacy group. They were moved to act by a utility industry plan for nearly two dozen coal plants between Colstrip and Gillette, Wyo.

"I and others like me will not allow our land to be destroyed merely because it is convenient for the coal company to tear it up," Wally McRae said, as quoted in a 50th-anniversary book published by Northern Plains.

Now in his late 80s and retired from the ranch, Wally's got every reason to be proud of his son.

Clint has fought to limit pollution from the coal plant his dad couldn't stop — and to ensure the cleanup of dangerous chemicals already emitted by the plant and mine. He's written articles calling for stronger regulation of coal waste, and slamming laws that critics say would let coal companies pollute water with impunity. Like his father, he's a member of Northern Plains.

McRae wants me to know that even though he and his dad "damn sure have a difference of opinion" with many of the people who live in town, "it was never personal." The coal-plant employees are friends of his. He doesn't want them to lose their jobs.

"Our kids went to school together, played sports together," he says.

Rancher Clint McRae opens a gate on his family's land outside Colstrip.

But even though McRae believes "we can have it both ways" — coal generation coupled with environmental protection — he's not optimistic. And history suggests he's right to be skeptical. Various analyses have found rampant groundwater contamination from coal plants, including Colstrip. Air pollution is another deadly concern. A peer-reviewed study last year estimated that fine-particle emissions from coal plants killed 460,000 Americans between 1999 and 2020.

Then there's the climate crisis.

McRae doesn't want to talk about global warming — "that's not my bag," he says. But he's seen firsthand what it can look like.

In August 2021, the Richard Spring fire tore across 171,000 acres, devastating much of his ranch and nearly torching both of his family's houses. He was on the front lines of the fast-moving blaze as part of the local volunteer firefighting crew. Temperatures topped 100 degrees, adding to the strain of dry conditions and fierce winds. McRae had never seen anything like it.

Two and a half years later, he's still building back up his cattle numbers and letting the grass regrow.

"It burned all of our hay. It was awful," he says.

McRae has a strong sense of history. As we drive toward the Tongue River, which forms a boundary of his ranch, he points out where members of the Arapaho, Lakota Sioux and Northern Cheyenne tribes camped before the Battle of the Little Bighorn in 1876, a few years ahead of his great-grandfather's arrival in Montana. A few minutes later he stops to show off a series of tipi rings — artifacts of Indigenous life that he's promised local tribes he'll protect.

McRae is acutely aware that this wasn't always ranchland — and that it probably won't be forever.

"It's gonna change," he says. "Whether we embrace it or not."

The wind and the water


Sturgeon. Bubbles. Salamander. Jimmy Neutron.

Those are "call signs" for some of the 13 employees at the Clearwater wind farm, where 131 turbines are spread across 94 square miles of Montana ranchland a few hours north of Colstrip. The nicknames are scrawled on a whiteboard in the trailer office.

Raptor. Goose. Sandman.

Clearly, they have fun here. And it's an industry where you can make good money.


Turbines spin at sundown at NextEra Energy's Clearwater wind farm, which sends power from Montana to Oregon and Washington.

Clearwater's operator, Florida-based NextEra Energy, won't disclose a salary range. But as of 2022, the median annual wage for a U.S. wind turbine technician working in electric power was $59,890, compared with $46,310 for all occupations nationally.

"If someone wants to stay close to home and still have a good career, we provide them that opportunity," Alex Vineyard says.

Vineyard lives in nearby Miles City and manages Clearwater for NextEra, America's largest renewable energy company. Clad in a hard hat, sweater vest and orange work gloves, he drives to a nearby turbine and walks up a staircase to show us the machinery inside. The tower is 374 feet high, meaning the tips of the blades reach 582 feet into the air.

Not far from here, hundreds of construction laborers are finishing the next two phases of the Clearwater project.


Alex Vineyard manages the Clearwater wind farm for NextEra, America's largest renewable energy company.

"You can see where we build wind sites. It's not downtown L.A.," Vineyard says, the sunset casting a brilliant orange glow behind him. "Generally it's rural areas — and there are limited opportunities for kids in those areas. Not a lot of great careers."

Wind will never replace coal. The construction jobs are temporary, the permanent jobs far fewer.

But they're better than nothing. A lot better.

As much as West Coast megacities owe it to coal towns like Colstrip to bring them along for the clean energy ride, coal towns like Colstrip owe it to themselves to take what they can get — and not let stubbornness or politics condemn them to oblivion.

Fortunately, they've got the power grid on their side.

In today's highly regulated, thoroughly litigated world, long-distance power lines are incredibly hard to build. They can take years if not decades to secure all the necessary approvals — if they can get those approvals at all. As a result, wind and solar developers prize existing transmission lines, like those built to carry power from Colstrip and other coal plants to big cities.

The Clearwater wind farm offers a telling case study.

Two of Colstrip's four coal units shut down in 2020 due to poor economics, opening up precious space on the plant's power lines. That open space made it easier for NextEra to sign contracts to sell hundreds of megawatts of wind power to two of Colstrip's co-owners, Portland General Electric and Puget Sound Energy — and thus get Clearwater built.


An electrical substation flanks the Colstrip power plant. 

Montana wind is especially useful for Oregon and Washington because it blows strongest during winter, when those states need lots of energy to stay warm. On that front, Clearwater has been a huge success. During its first winter, it had a capacity factor of 60%, meaning it produced 60% of all the power it could possibly produce, if there were enough wind 24/7.

Sixty percent is a lot — "like a home run," Puget Sound Energy executive Ron Roberts says.

He and his colleagues want more. Puget Sound plans to build more Montana wind turbines to serve its Washington customers — again taking advantage of the Colstrip power lines.

West Coast states need to keep investing in exactly this type of project if they hope to persuade their conservative neighbors to stop fighting to save coal. The more they can bring the benefits of wind and solar power to the rest of the West, the better.

And what about those low-wind, cloudy days when wind turbines and solar panels aren't enough to avoid blackouts?

Carl Borgquist has a plan for that.

I meet up with him near Gordon Butte — a flat-topped landmass that juts up 1,025 feet from the floor of Montana's Musselshell River valley, four hours west of Colstrip but just over five miles from the coal plant's power lines. There are already wind turbines atop the butte, built by the landowning Galt family with Borgquist's help.

Borgquist assures me as we drive to the top that I'll soon understand why this steep butte is perfect for energy storage.

"It will intuitively make sense, the elegance and simplicity of gravity as a storage medium," he says.


Carl Borgquist admires the views from atop Gordon Butte, where he's got plans for a pumped storage project to augment Montana wind power. 


There will be two reservoirs — one up on the butte, another 1,000 feet below. They'll be filled with water from a nearby creek.

During times of day when there's extra power on the Western electric grid — maybe temperatures are moderate in Portland and Seattle, but Montana winds are blowing strong — the Gordon Butte project will use that extra juice to pump water uphill, from the lower reservoir to the upper reservoir. During times of day when the grid needs more power — maybe there's a record heat wave, and not enough wind to go around — Gordon Butte will let water flow downhill, generating electricity.

It's called pumped storage, and it's not a new concept. But compared with other proposals across the parched West, this one is almost miraculously noncontroversial. No environmentalists making hay over water use. No nearby residents crying foul.

Borgquist still needs to sign up a utility customer, or he would have already flipped Gordon Butte to a developer better suited to build the $1.5-billion project, which will employ 300 to 500 people during construction. But Borgquist is confident that before too long, one or two of the Pacific Northwest electric utilities preparing to ditch Colstrip will see the light.

"I've been waiting for the market to catch up to me," he says.

Let's hope it catches up soon. Because even though pumped storage won't keep us heated and cooled and well-lit every hour of every day, neither will wind, or solar, or batteries, or anything else. No one technology will solve all our climate problems.

The sooner we learn that lesson, the sooner we can move on to the hard part.


The Colstrip power lines run near Gordon Butte, carrying coal-fired electricity — and increasingly wind energy — from Montana to Oregon and Washington.


The art of the deal


I find myself wandering the halls of the state Capitol in Helena. Christmas is a few weeks away, and there's a spectacular tree beneath the massive dome, flanked by murals of white settlers and Indigenous Americans.

On a whim, I step into Gov. Greg Gianforte's office and ask if he's in. Gianforte has fought to keep the Colstrip plant open, and I want to ask him about it. I'm also curious to meet a man who easily won election despite having assaulted a journalist.

One of his representatives takes down my contact info. I never get an interview.

Despite the state's deep-red turn in recent years, Montanans have a history of environmental consciousness, owing to their love of fishing, hunting and the great outdoors (as seen in the film "A River Runs Through It"). They approved a new state constitution in 1972 that enshrined the right to a "clean and healthful environment in Montana for present and future generations."

To the frustration of Gianforte and his supporters, that right may include a stable climate.

This time last year, a Montana judge revoked the permit for a gas-fired power plant being built by the state's largest electric utility, NorthWestern Energy, along the banks of the Yellowstone River. The judge ruled that the state agency charged with approving the gas plant had failed to consider how the facility's heat-trapping carbon emissions would contribute to the climate crisis.


NorthWestern Energy says this gas-fired power plant on the Yellowstone River is needed to help keep the lights on for homes and businesses. 

Legislators responded by rushing to pass a law that barred state agencies from considering climate impacts.

The Yellowstone River gas plant moved forward, but the law didn't last long. A few months after it passed, another judge ruled in favor of 16 young people suing the state over global warming, agreeing that the legislation violated their constitutional right to a clean and healthful environment.

"This is such a solvable problem," says Hedges, the Montana environmentalist critical of coal mining. "It's just that nobody wants to solve it."

Hedges is a leader of the Montana Environmental Information Center, where she's spent three decades battling for clean air, clean water and a healthy climate. It was her advocacy group, along with the Sierra Club, that sued Montana over the state's approval of the Yellowstone River gas plant, setting off the chain of increasingly consequential court rulings.

But as mad as she is at Gianforte — and at the local utility company executives who insist they need coal to keep the lights on in Montana — Hedges is at her most caustic when discussing the Pacific Northwest environmentalists who, in her view, have failed to do everything they can to get the Colstrip power plant shut down.

That includes the Sierra Club, which, Hedges says, has shifted its focus too quickly from shutting down coal plants to blocking the construction of new gas plants — even in places such as Montana, where coal, the dirtiest fossil fuel, isn't dead yet.

Hedges' frustration also includes the Washington state lawmakers who passed a much-lauded bill, signed by Gov. Jay Inslee, requiring electric utilities to stop buying coal power by 2025 — only to sit idly by as some of those utilities then made arrangements to give away their shares in the Colstrip plant to coal-friendly co-owners rather than negotiate agreements to shut the coal units.

"So they're not actually decreasing carbon dioxide emissions even a little tiny bit. They are allowing this plant to continue, instead of using their vote to close this source of pollution. It's maddening," Hedges says.


A lone tumbleweed blows through piles of coal at the Rosebud Mine outside Colstrip, a few miles from the power plant. Coal is prepped for transport at the mine. Coal is transferred to a truck at the mine. 

Washington officials say they tried to get Colstrip shut down but were stymied by the plant's complicated six-company ownership structure, and by the Montana Legislature's staunch support for coal. Sierra Club activists, meanwhile, say they're still pushing for Colstrip's closure, and for coal shutdowns across the country — even as they also oppose the construction of gas plants.

"From a climate perspective, gas is just as bad as coal," says Laurie Williams, director of the Sierra Club's Beyond Coal campaign.

To avoid a future of ever-more-dangerous fires, floods and heat, we need to ditch both fossil fuels — fast.

This is the hard part. This is the part that will require compromise — for conservatives who believe anything smacking of climate change is woke liberal propaganda, and for liberals who want nothing to do with conservatives spouting that belief.

So how do we do it? How do we stop clashing and start cooperating?

First off, West Coasters need to engage in good faith with the people who have supplied their power for decades — and strike deals that might persuade those red staters to move on from coal. Deals like building more wind farms in Montana and not as many back home, even if that means fewer union jobs and lower tax revenues for California, Oregon and Washington.

It's great that the coastal states are targeting 100% clean energy, but it's not enough. They must bring the rest of the West along for the ride, or it won't matter. Every solar farm in California is undermined by every ton of coal burned at Colstrip.

The lesson for folks who live in Colstrip and other Western coal towns, might be even more difficult to swallow.

L.A. and Phoenix and Portland have funded your comfortable lifestyles a long time. Now they want something different.


If Colstrip wants to stick around, it needs to start offering something different.


Climate activist Anne Hedges stands in a public park near the Colstrip power plant. 


It's easy to see why that's a scary prospect. After we finish exploring the coal mine with Hedges, we drive into town and stop at one of the immaculately maintained public parks. The power plant's two active smokestacks aren't far, looming 692 feet over a swing set and red-and-blue bench with the letters "USA" carved into the backing.

"The climate doesn't care who owns the power plant," Hedges says, as steam and carbon and soot spew from the stacks.

The climate won't care any more when Houston-based Talen Energy — which operates the plant, and which didn't respond to requests for a tour or interview — becomes the facility's largest owner next year, acquiring Puget Sound Energy's shares.

Our ability to solve this problem doesn't depend on which company is profiting off all that coal.

What it does depend on is our willingness to make hard choices, ranchers and miners and activists setting aside their differences and writing the West's next chapter together, rather than fighting so long and so hard that the tale ends badly for everyone.

Change is scary. But it's inevitable. Cowboy poet Wally McRae learned that the hard way.

Maybe 50 years from now, his great-grandchildren will wax poetic about the beauty of Colstrip without coal.

The early-morning sky glows red over the town of Colstrip. 

(PHOTOS: Robert Gauthier / Los Angeles Times)

This story originally appeared in Los Angeles Times.

Sunday, April 14, 2024

 

Mapped: 33 new big game migrations across American West


Migration maps help developers limit impacts on wildlife from infrastructure and assist wildlife managers to conserve big game.


Peer-Reviewed Publication

U.S. GEOLOGICAL SURVEY

​​​​​​




RESTON, Va. — A new set of maps that document the movements of ungulates was published today in the fourth volume of the Ungulate Migrations of the Western United States. The maps in this collaborative U.S. Geological Survey report series reveal the migration routes and critical ranges used by ungulates, or hooved mammals, in the western U.S., furthering scientists’ understanding of the geography of big game migrations.

The new volume, “Ungulate Migrations of the Western United States: Volume 4,” documents 33 mule deer, pronghorn and elk herd migrations in collaboration with the wildlife agencies of Arizona, California, Nevada, New Mexico, Utah, Washington, Wind River Reservation, Wyoming and, for the first time, the states of Oregon and Colorado and the Pueblo of Tesuque in New Mexico. With this latest volume, the report series includes details and maps of the migrations and seasonal ranges for a total of 182 unique herds across 10 states.

“We’ve now mapped nearly two hundred migrations of mule deer, pronghorn, elk and other ungulates across diverse landscapes, from the high alpine Rocky Mountains to the temperate rainforest of the Pacific Northwest and the desert ecosystems of the American Southwest,” said Matt Kauffman, the report’s lead author and a wildlife biologist with the USGS Wyoming Cooperative Fish and Wildlife Research Unit at the University of Wyoming. “I’m impressed with how the team has worked together to adopt a standard set of methods to create robust migration maps of these ungulates across the West.”

Ungulates migrate throughout the American West each spring and fall to access the most nutritious plants and avoid deep snow. But as the human footprint in the West expands, these species increasingly face obstacles such as new subdivisions, energy development, impermeable fences and high-traffic roads on their long journeys. By mapping their migrations, scientists provide critical information—like where migrations overlap with existing and potential obstacles—to managers, policymakers, NGOs and private landowners working to minimize impacts on wildlife.

“To best conserve and protect the habitat used by migrating elk, mule deer, moose and pronghorn, we have to know exactly where these species move across the landscape,” said Blake Henning, chief conservation officer at the Rocky Mountain Elk Foundation. “That’s why this mapping work is so important—it’s to ensure their future health and well-being. We support and greatly appreciate the USGS and collaborating states and Tribes for leading this highly collaborative and globally significant effort.”

The new report highlights how migration maps can be used for conservation and management amid changing landscapes. For example, when solar farms are built in an ungulate’s range, they can negatively impact habitat and create barriers to movement for resident and migratory animals. The maps featured in the report series have previously been used to inform leasing decisions for oil and gas development, and they can also provide a key resource to help site future renewable energy projects that minimize effects to critical habitat.

“By using these migration maps and data, the Arizona Game and Fish Department was able to have informed conversations with landowners and solar developers about managing for wildlife corridors through a planned solar facility,” says Jeff Gagnon, statewide connectivity biologist at the Arizona Game and Fish Department. “These efforts will hopefully allow ungulates to continue their seasonal migrations.”

In addition to managers from the respective state wildlife agencies, co-authors on the fourth volume include the U.S. Forest Service, U.S. Fish and Wildlife Service, National Park Service, Bureau of Land Management, Navajo Nation Department of Fish and Wildlife, Pueblo of Tesuque Department of Environment and Natural Resources, and Shoshone & Arapaho Tribes Fish and Game, among other partners. Maps of each herd were produced in collaboration with state and Tribal experts by cartographers from the USGS and the InfoGraphics Lab at the University of Oregon. Thanks to funding from the USGS and the Rocky Mountain Elk Foundation, mapping by partners is ongoing, with a fifth volume of migration maps currently in preparation.

The Corridor Mapping Team, established in 2018 in response to Department of the Interior Secretary’s Order 3362, is a state-Tribal-federal partnership working to map ungulate migration corridors with standard techniques. The first three volumes in the Ungulate Migrations of the Western United States report series were published in 2020 and 2022.

To explore migration routes and ranges, visit the interactive www.westernmigrations.net portal, or download the map files from www.sciencebase.gov.

# # #

The USGS provides science for a changing world. Learn more at www.usgs.gov or follow us on Facebook @USGeologicalSurvey, YouTube @USGS, Instagram @USGS, or Twitter @USGS.

Wednesday, March 13, 2024

FREE LEONARD PELTIER!

Unequal Before the Law
Native Americans serve astoundingly longer prison sentences—because they are Native.

STEPHANIE WOODARD 
MARCH 11, 2024


Federal charges ordinarily cover matters of national reach: immigration, voting rights, racketeering. Not in Indian Country. Tribal members frequently find themselves in federal court for all sorts of allegations— not just serious crimes, such as murder, but lesser offenses, like burglary. Once in federal court, they face sentencing guidelines that are stiffer than if they were tried in state court, where non-Native cases are generally heard. Diversion, probation and other mitigation actions, typical of state courts, are also less common, as is a jury that includes their peers, which is to say, other Natives.

As a result, Native Americans receive significantly longer sentences than non-Natives for similar crimes and many sources have cited a statistic indicating they are 38% more likely to be behind bars than anyone else. Native detainees are also, on average, younger, more likely to be women and have less criminal history than the federal prison population at large.

More than two decades ago, the U.S. Sentencing Commission — the independent agency within the Department of Justice (DOJ) that defines sentencing policies and practices for federal courts — first met to address these disparities. The differences are baked in by laws and Supreme Court decisions that date back more than a century — in particular, to the Major Crimes Act of 1885.

Still on the books, the Major Crimes Act established federal jurisdiction over a swath of on-reservation crimes — if the defendant is Native. This jurisdiction, which results in many crimes by Natives on reservations being tried in federal court, effectively ensures greater sentences for Natives than non-Natives committing similar crimes. It’s one of the clearest manifestations of the U.S. government’s long and ongoing efforts to dominate Indigenous nations.

The Sentencing Commission found, for example, that, on average, an assault conviction in a South Dakota state court that carried a 29-month sentence got 39 months in a federal court. The spread in New Mexico was wider: six months versus 54. Similarly, the state court sentence for a sexual-abuse conviction in South Dakota could be 81 months, as opposed to 96 in federal court. In New Mexico, it averaged 25 months versus 86.


A rare image of the jury in Crow Dog’s trial in Deadwood, S.D.
COURTESY OF DEADWOOD HISTORY, INC., ADAMS MUSEUM COLLECTION, DEADWOOD S.D.


CROW DOG AND THE MAJOR CRIMES ACT

On Aug. 5, 1881, gunfire rang out on the Rosebud Sioux Indian Reservation, Dakota Territory, as Kangi Sunka, or Crow Dog, shot dead rival tribal leader Sinte Gleska, or Spotted Tail, as the latter was leaving a tribal council meeting. Local newspapers covered the story continuously — and in great detail — from the initial incident through the final court decision two years later.

After the shooting, the tribe directed Crow Dog to re-establish community harmony by giving Spotted Tail’s family horses, money and a blanket. When federal officials called for his arrest, Crow Dog, accompanied by a Rosebud chief, turned himself in at a nearby Army fort and was arraigned in Territorial Court in the town of Deadwood.

Prosecutors alleged Crow Dog ambushed Spotted Tail, shooting him from the cover of his wagon. For his part, Crow Dog testified he was behind the wagon because he was fixing its undercarriage. Spotted Tail apparently thought Crow Dog was lying in wait and aimed his pistol. Crow Dog saw this, grabbed his rifle and fired.

Meanwhile, Crow Dog’s wife and baby were on the wagon’s seat during the incident — which raises the question: Who brings their family to a gunfight?

Crow Dog’s lawyer, who worked most of the case in return for a few ponies, filed a plea of self-defense. He also challenged the Territorial Court’s jurisdiction over on-reservation offenses committed by tribal members. How the trial ended and the ensuing political maneuvers reverberate to this day.

As Crow Dog’s trial progressed, many Deadwood residents came to believe that Crow Dog had not set out to kill Spotted Tail. Instead, they thought the two men had defended themselves simultaneously in a confusing and fast-moving event. Crow Dog was simply faster. They thought he would be acquitted or, at worst, found guilty of manslaughter. Instead, Crow Dog was convicted of murder and sentenced to hang.

Meanwhile, the Bureau of Indian Affairs and other federal officials had been case-shopping, according to City University of New York law professor Sidney L. Harring in the American Indian Law Review. In particular, they wanted a situation that would give the United States control of tribal justice. A few cases were considered, but Crow Dog’s seemed most likely to spur Congress to act: Spotted Tail was a prominent tribal leader who was widely understood to support negotiation with the federal government on important matters, and his death could be sold as a loss to the United States.

At the same time, the United States was looking for cheaper ways than war to separate Indigenous people from their land. By the estimate of Carl Schurz, a Union Army general who became Interior Department secretary in the late 1800s, the government spent $1 million per death in training, equipping and fielding an army for its battles against Natives. The 1883 Congressional Record shows Congress allocated just $1,000 for the Crow Dog case. After this minimal outlay, the confinement, incarceration and execution of Natives would be established in federal law.

Though 19th-century Deadwood was a tiny frontier town on the western edge of present-day South Dakota, it was well acquainted with celebrities and celebrity trials. Calamity Jane, Wild Bill Hickock and other notorious gunfighters lived, loved and shot each other there. In 1876, a drifter named Jack McCall was tried in Deadwood for killing Wild Bill in a poker game. Five years later, local newspapers were ready — and eager — for Crow Dog’s trial.

About a month after the shooting, the Black Hills Weekly Pioneer reported ​“at least one hundred pairs of eyes” had gathered to watch Crow Dog arrive at the Deadwood jail. Weeks of thrilling ​“fake news” in the Weekly Pioneer and Black Hills Daily Times postulated just how the killing could have — must have — occurred. Both tribal leaders were given disparaging nicknames, ​“the old dog” and ​“old spot.” Onlookers were expecting a fearsome scoundrel.

Then, Crow Dog appeared. Immediately described by the media as handsome with a pleasant smile, he was quickly re-labeled the ​“distinguished Sioux” and lauded as brave, reliable and honest. His good looks should impress the jury, confided the Black Hills Daily Times. Held in the Deadwood lockup, Crow Dog enjoyed ample meals ​“well cooked and cleanly served” and was allowed dinner guests, according to the newspaper. He whiled away his time by making scrapbooks and issuing much admired Deadwood weather predictions.

In a prequel to today’s red-carpet coverage, readers learned that one day Crow Dog wore to court a Native-style shirt, leggings and matching blanket. On another, he sported an outfit fashionable today — dark blue sports jacket over dark blue shirt and trousers, no tie. The newspapers carefully recounted the testimony, attorneys’ objections and judge’s rulings, along with overtly racist comments from the jury. One jurist declared the testimony of one white man was worth more than ​“one hundred Indians.” Another said he had ​“been pretty badly scared by them.”

Some courtroom attendees were pleased that Crow Dog would pay for the shooting with his life. Others hoped the verdict would establish federal jurisdiction and hasten the Dakota Territory’s transition to statehood. Many were shocked by what they saw as double jeopardy, which the Constitution’s Fifth Amendment forbids. The tribe had already resolved the tragedy according to its own law with Crow Dog’s restitution to Spotted Tail’s family. How could the United States try Crow Dog again?

After Crow Dog was sentenced to hang, his lawyer filed an appeal. In 1883, the Supreme Court vacated the conviction, opining that tribes retained the right— as an attribute of their sovereignty — to be governed by their own laws. When Crow Dog was released, he walked through Deadwood, shaking hands with his many well-wishers and accepting gifts: winter boots, woolen socks, a heavy coat and more. He dined with his lawyer and the lawyer’s wife.

None of them saw the trap. Deadwood had little communication with the East Coast in those days, and officials in Washington felt free to falsely claim there had been a ​“public outcry” when the Supreme Court freed Crow Dog, according to Harring. Interior Department officials lobbied Congress for more power over tribal nations, describing them as lawless and ruled by ​“blood revenge,” according to Chickasaw tribal citizen Kevin Washburn, dean of the University of Iowa College of Law and former assistant secretary of the Interior for Indian Affairs. They claimed federal legal oversight would provide tribes with increased public safety. ​“Though this justification was based on false and misleading information, it has proven the most durable,” Washburn explains in an article in the North Carolina Law Review.

When the Major Crimes Act became law, in 1885, it let the federal government reach deep into tribal nations, control their judicial systems, degrade public safety and destabilize their communities. The list of crimes covered has lengthened through the years, and the law has been bolstered by Supreme Court decisions declaring that Natives have no jurisdiction over non-Natives.

THE ONGOING STRUGGLE

The aggressive attempt to assimilate tribal members that followed the Ex parte Crow Dog decision ​“ranks as one of the great legal atrocities in the United States, equal to the Dred Scott case and the internment of U.S. citizens of Japanese descent in concentration camps,” writes Harring. A high-profile example of the vast disparities in sentencing that result, cited by the Sentencing Commission and others, followed the death of a baby on a North Dakota reservation in the late 1990s. The baby’s mother was convicted of second-degree murder and received a 10-year federal-prison sentence, which was affirmed on appeal — but not unanimously.

In dissent, Judge Myron Bright, of the 8th Circuit, argued passionately that the circumstances surrounding the child’s mother — who wrestled with mental illness and had endured constant and even near-deadly physical and sexual abuse since age 5— meant the death should not have been charged as ​“murder,” but as ​“neonaticide,” a crime that takes the mother’s state of mind into account. ​“Now her lifetime of travail becomes magnified by an unjust and improper prison sentence,” Bright wrote.

Bright also insisted that, had the child and mother not been Native and the death not occurred on a reservation, the mother would not have gone to prison. Indeed, a nonNative North Dakota college student, who was convicted in state court for her role in her child’s death at about the same time and did not appear to have suffered many of the extreme experiences the Native mother had, received a sentence of three years’ probation. ​“I find it gut-wrenching when I am asked by a family member of a [Native] person I have sentenced why Indians [receive] longer sentences than white people who commit the same crimes in the same location,” says Judge Ralph R. Erickson, the chief District Court judge in North Dakota, who helped lead the Sentencing Commission’s research efforts in 2015. But, he wrote in a later report, ​“differences between state and federal sentencing law mandate the difference.”

The U.S. justice system has long operated differently for different groups. The Black Lives Matter movement put that issue on the national agenda, asserting that people of color and those from marginalized populations face separate and unequal judicial hurdles and impacts. It stands true for Indigenous communities, whose history of exclusion is so little understood, whose contemporary struggles are so little covered in the media, and who have the law applied to them in such complicated ways. For Native Americans accused of crimes, like Black Americans and others, the judicial system is punitive, capricious and unrelated to conventional notions of justice.

Mind-boggling jurisdictional convolutions, along with lack of data, help drive the confusion around Indigenous sentencing. Laws regarding Indian Country justice accreted over the centuries such that who is in charge of a case (the federal government, a state or a tribe) now depends on the Native or non-Native status of the alleged offender and victim, the type of offense and where it is said to have occurred, among other factors. Fair, impartial and clearly defined judgments are absent, and judges openly acknowledge it. ​“Ask virtually any United States District Judge presiding over cases from Indian Country whether the Federal Sentencing Guidelines are fair … and I believe the answer would largely be the same: No,” U.S. District Court Judge Charles B. Kornmann wrote in an article in the Marquette Law Review.

“I find it gut-wrenching when I am asked by a family member of a [Native] person I have sentenced why Indians [receive] longer sentences than white people who commit the same crimes in the same location,” says Judge Ralph R. Erickson.


CASES IN POINT


Attorney Charles Abourezk, now chief judge of the Rosebud Sioux Tribe Supreme Court in South Dakota, was part of a legal team that successfully defended tribal council members of the nearby Pine Ridge Indian Reservation. U.S. authorities had charged the council members in the early 2000s with ​“felony failure to pay rent,” arrested them very publicly, and dragged them out in ankle chains, Abourezk said. If convicted, each faced as many as 25 years in federal prison. At issue was how the council members had calculated rent for on-reservation properties, some of which they rented themselves. The members calculated prices according to market value, but the federal government claimed they should have figured the charges based on a renter’s income. If they had, they would have likely owed more for the properties they were renting. According to the federal government, they were in arrears and should be imprisoned.

To non-Natives, the melodrama of the charges, threatened sentences and arrests may sound preposterous. They’re not, says Joseph Holley, chairman of the Te-Moak Tribe of Western Shoshone Indians in Elko, Nev. Because a tribe’s reservation is held in trust by the federal government, Holley explains, something seemingly innocuous can be magnified into a federal offense. After years of drama, a judge dismissed the charges against the Pine Ridge tribal council members, noting the United States abolished debtors’ prisons long ago. The U.S. Attorney’s Office in South Dakota declined to comment, according to victim witness specialist Ace Crawford.

In a 2021 report from DOJ, ​“Indian Country Investigations and Prosecutions,” Attorney General Merrick Garland declares the department is ​“committed to partnering with Tribal communities, governments, courts, and law enforcement agencies to help reduce crime and support victims.” To this end, DOJ has given tribes grants, access to national information resources and more. The DOJ report also describes the impossibility of accurately documenting the efforts or determining their impact on Native people. When the Sentencing Commission met recently, it noted that crafting solutions required data it didn’t have— especially from states with large Native populations. So it would be impossible ​“to complete a robust comparison of the sentences received or served by non-Indian and Indian defendants in federal and state courts,” according to the commission’s Tribal Issues Advisory Group.

Addressing sentencing disparities would also require addressing the justice system’s vengeful approach to Indigenous people. Consider the cases of Lezmond Mitchell and Leonard Peltier. After a trial beset by investigative and procedural failures, the federal government convicted Navajo Nation citizen Mitchell of ​“carjacking resulting in death” in 2001. In August 2020, the United States executed Mitchell. Mitchell’s tribe opposes the death penalty on cultural grounds and had asked for Mitchell to be sentenced to life without parole. Instead, he was caught up in the Trump administration’s execution binge. In resuming federal executions after a 17-year hiatus, the administration killed more prisoners than any other administration in the previous 120 years.

The case of prominent Native activist Leonard Peltier is another debacle. With fabricated evidence and shifting charges, Peltier was convicted in 1977 of aiding and abetting murderers who had themselves been acquitted. Peltier, who is of Anishinaabe, Lakota and Dakota descent, was sent to federal prison. He has remained there for nearly half a century. Pope Francis, the late Archbishop Desmond Tutu, the Dalai Lama and others worldwide have called for Peltier’s release.

In 2021, retired U.S. Attorney James Reynolds, who prosecuted Peltier, wrote to President Joe Biden, saying he now realizes Peltier’s conviction was shaped by ​“the prevailing view of Native Americans at the time.” He urged the president to grant Peltier clemency and ​“take a step towards healing a wound that I had a part in making.” Peltier’s petition for clemency is again under review, according to DOJ’s Office of the Pardon Attorney. Peltier’s attorney, Kevin Sharp, says he is ​“more hopeful than ever that something positive will happen.” Sharp credits his optimism to recent public outcries for clemency, along with publicity for gatherings outside the White House in September 2023 for Peltier’s 79th birthday.


JURISDICTIONAL ANOMALIES


While the federal government pursues Natives with allegations of even minor crimes, it ignores many serious crimes occurring on their homelands. Joseph Holley of the Te-Moak Tribe of Western Shoshone Indians puts it plainly: ​“There’s no definitive line about how [Native] people are going to be treated by the law.” This unpredictability destroys confidence in the justice system, says Tanya Reynolds, council member of the Te-Moak Tribe’s South Fork Reservation, in Spring Creek, Nev.

Restrictions on tribal jurisdiction have made Native nations into crime magnets, attracting non-Native criminals expecting to operate without scrutiny. American Indians and Alaska Natives are more than twice as likely as all other races to be victims of violent crime, often at the hands of non-Natives, according to the Association of American Indian Affairs and the National Institute of Justice. Amnesty International has found that about 30% of Native women are raped in their lifetime and are more than twice as likely to be raped as white women; about 86% of the perpetrators are non-Native men. Wyn Hornbuckle, deputy director of DOJ’s Office of Public Affairs, wrote in an email to In These Times that the justice department’s ​“efforts to enhance public safety and sovereignty of Native Americans … accelerated significantly after the passage of the Tribal Law and Order Act in 2010 and continue today.” That law aims to, among other things, increase the number of law enforcement officers on tribal lands.

Luella Brien, the Apsáalooke founder and editorin-chief of Four Points Press, covers news on her Crow Reservation, in southeastern Montana. She knows of dangerous non-Native perpetrators — drug dealers, human traffickers and more — hiding out on reservations. Thanks to limits on tribal jurisdiction, she says, ​“Non-Native criminals feel safer on the reservation.” William Main, of the Aaniiih and a former chairman and tribal-court lay advocate of the Fort Belknap Indian Community in north-central Montana, reports that non-Natives tell him, ​“reservations are havens for criminals.” He agrees, explaining ​“It’s not the Indians [they’re] a haven for.” There aren’t enough federal agents, says Main, and they are slow to respond to emergencies. The Oglala Sioux Tribe, of the 3.1-million-acre Pine Ridge Indian Reservation, sued the Bureau of Indian Affairs (BIA) in 2023 over inadequate policing for its 30,000 members. Only about 30 officers and seven criminal investigators patrol an area nearly the size of Connecticut. The business committee of the Ute Tribe, of the Uintah and Ouray Reservation, tells In These Times that, at most, three BIA officers patrol its 4.5 million acres in Utah.

The Supreme Court upheld the limitations on tribal jurisdiction in 2021 in United States v. Cooley. The lawsuit was based on the events of a cold February night, when a tribal police officer came upon a truck stopped on a lonely Crow reservation highway. The officer wondered if the vehicle’s occupants needed assistance. What he found was a non-Native driver with red eyes, slurred speech, bags of meth, wads of cash, loaded guns and a toddler. The officer contacted state and federal officials, and the driver was eventually charged in federal court with drug trafficking. His lawyers convinced lower courts that the tribal officer had exceeded his authority. The Supreme Court disagreed, saying the tribal officer could apprehend the driver — as long as he handed him over for further investigation. In sum, the federal government doesn’t protect tribal communities, and the tribes aren’t allowed to, according to attorney Brett Lee Shelton, responsible for the Indigenous Peacemaking Initiative of the Native American Rights Fund. ​“Undoing the Major Crimes Act and related laws and court decisions is essential,” says Shelton, who is from the Oceti Sakowin Oyate (Great Sioux Nation) and enrolled in the Oglala Sioux Tribe. Getting the federal government to reverse course will not be easy. For decades, it has supported tribal self-determination in education, healthcare, environmental regulations and more — but not criminal law, Shelton says, adding that determining the needed resources for that would be a massive, community-by-community effort.
Amnesty International has found that about 30% of Native women are raped in their lifetime and are more than twice as likely to be raped as white women; about 86% of the perpetrators are non-Native men.

CIRCLES OF TRADITIONAL JUSTICE

The way the Rosebud Sioux Nation handled the killing of Spotted Tail — before the U.S. government got involved — is an example of Indigenous justice. Also known as peacemaking, Shelton says these approaches prioritize healing. They were once emblematic of Native communities worldwide, and many — in the United States, Canada, Australia, New Zealand and beyond — are reviving them as far as national law allows. ​“We tend not to throw people away — to throw them into prison,” says Shelton. He adds that Indigenous cultures understand that a misdeed arises from imbalance, which can be corrected through restitution, apologies and community service. ​“We ask what we can all do together to help each of the people involved.” The goal is healing perpetrator, victim and community.

The success of this approach is apparent when comparing recidivism rates between recipients of federal sentencing and of traditional Indigenous justice. The Federal Bureau of Prisons reports 45% of released prisoners are back in custody within a few years. In contrast, Shelton says, compliance rates in the United States for peacemaking participants tend to be in the 90% range. Laurie Vilas is a peacemaker with the Mille Lacs Band of Ojibwe in Minnesota. A citizen of the White Earth Nation, also in Minnesota, Vilas welcomes those involved in a case into a circle. This approach is based on time-honored Indigenous talking circles, in which each person talks in turn, uninterrupted, then the group seeks consensus. She encourages participants to craft their collaborative decision making with essential Indigenous values — love, respect, courage, honesty, humility, wisdom and truth. By holding onto their traditional values, Indigenous communities have endured unimaginable depredations. ​“They’ve tried in every way, shape and form to get rid of Natives,” says Reynolds of South Fork. ​“They have not succeeded.”

The Native American Rights Fund and Indigenous Peacemaking Institute provided source material for this article.

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STEPHANIE WOODARD is an award-winning human-rights reporter and author of American Apartheid: The Native American Struggle for Self-Determination and Inclusion.