Welcome to Biocentric, a newsletter about sustainability, greenwashing, and resistance to empire from author and organizer Max Wilbert. If you want to follow, you can subscribe for free. Myself and my friend Will Falk are currently facing $49,890.13 in fines from the Bureau of Land Management for putting up a temporary composting pit toilet and wind break to support native elders praying at Peehee Mu’huh, a sacred site to Numu (Northern Paiute) people. We are challenging this fine in Federal Court and are asking for community support to raise $5,000 for a retainer to pay a local lawyer to assist with the case. Normally, this type of lawsuit would cost tens of thousands of dollars, but we’ve secured pro bono legal representation. We just need to pay what’s called “local counsel” — a lawyer licensed to practice in the jurisdiction at hand — to make this lawsuit possible. Please support if you are able by visiting our fundraising page and making a donation, or sharing. Thank you to those who have already donated! The video shared here was live streamed on July 30th. In it, Will and I discuss: * The $49,890.13 fine and our ongoing fight to contest it * Will’s perspective as an attorney on how laws like the National Environmental Policy Act, Endangered Species Act, and National Historic Preservation Act fail to protect the natural world and significant indigenous cultural sites, and thus how legal challenges are generally only sufficient to delay projects * The necessity of direct action and other methods revealed by these legal inadequacies * Liberal vs. radical, education vs. action, and a discussion of the themes in my essay from last week, Too Much Awareness, Not Enough Action. Forest defense side note: Following my previous invitation, on August 2nd, a group of 30 forest defenders and community allies gathered in an old-growth forest near Eugene, OR to get to know an ecosystem threatened with clearcut logging and strategize opposition. On August 30th, we’ll be gathering in the forest once again. I’ll write a formal invitation soon, but until then, mark your calendars for August 30th and if you’d like to attend, RSVP by contacting me or emailing: Background to the fine In 2021, Will Falk and myself launched “Protect Thacker Pass” with an encampment on the side of a mountain in Northern Nevada. While the campaign originally aimed to stop the Thacker Pass lithium mine for environmental reasons — the destruction of a biodiverse habitat — and to push back against greenwashing (the mine is for lithium, which some believe will help solve global warming), it soon expanded as local indigenous peoples became aware of the issue and shared that the site was sacred to the Numu people and was the location of several historical massacres. As resistance to the mine grew, Will represented several tribes in federal lawsuits aiming to stop the mine, and him and I both participated in direct action to stop construction. This led to a lawsuit against us and five other people (four of them indigenous). That lawsuit has since been settled, but Will and I still face this nearly $50k fine. Specifically, the fine is based on allegations of unlawful occupation and development of public land. We think we have good arguments to fight this in court, including constitutional protections and the relevant fact that we asked BLM how to apply for a permit no less than seven times. We were ignored in every case. Please support us in fighting this fine! Will is an environmental attorney with a part time non-profit job which pays far less than the average, but which allows him to engage in radical land defense work. He still has significant student debt from law school, but has chosen to prioritize defending the planet over financial stability. I am a grassroots organizer, also working part-time for a non-profit and supporting a family of three on a single wage after my partner was laid off due to educational budget cuts. Please give what you can! Transcript (This transcript was auto-generated and may contain errors) Max: Will, do you want to introduce yourself? We’re probably going to, we can just shoot the breeze a little bit here as we wait for people to chime in. Because I know we’re going to be talking about the fine, the $50,000 fine that you and I are facing from the federal government. That’s the main reason we’re having this conversation today. But to start, do you want to just tell us viewers who might not know you who you are and your background? Will: Yeah, my name is Will Falk. I am an attorney and a grassroots activist and a writer. But I think for the most pertinent aspects of me for this conversation are, along with you, Max, in 2021, January 2021, we set up a protest camp of the Thacker Pass open pit lithium mine in northern Nevada. And, you know, we lived there for most of a year, but in the summer of 2021, I began representing several tribes that were affected by the mine project and helped them litigate a couple of cases against the Bureau of Land Management for failing to properly consult with tribes over the mine. And as part of that, we were fined for trespass for erecting some composting toilets in the middle of where the open pit mine would actually go. I guess I can wait to go into more detail, but that’s who I am. Max: I know this all already but for folks who don’t tell me a little bit more about your background and how you got involved in this work like what led you to when I called you up and said hey do you want to camp on the side of the mountain in January with me what led you say to say yeah that sounds like a reasonable thing to do and and then represent the tribes and go through the whole process of fighting this project and and your other work that you’re involved in now Will: um well i guess it it goes back to um really to 2013 which was a pretty bad year for me i was working as a public defender uh in kenosha wisconsin um i found the work to be incredibly hard um in terms of just caseload and how much you had to be in court and how many cases a day you had to take. But long story short, I developed a major case of depression and ended up trying to kill myself twice. And as I was recovering from the suicide attempts, I spent every morning along the shore of Lake Michigan, where I lived in Milwaukee, Wisconsin. And I just spent a lot of time listening to the lake, listening to the birds, listening to the bugs, listening to the kids playing, listening to the way the water broke, the wind. And that was one of the best mindfulness exercises that I knew of at the time. And it also really helped me get out of my own head and calm some of the anxiety that I feel. But through that, I realized that not only has the natural world given me my life and supported my life the whole time I’ve been in this world. But the natural world also saved my life and continues to save my life as I can go and do this whenever I really need some help with my mental health. And so because of that, I took a vow to spend the rest of my life working to try and save as much of the natural world as I possibly can. And that has come through the form of frontline land defense. As a lawyer, I understand that a lot of environmental law is actually ineffective at stopping the destruction of the natural world. And I’ve realized that a lot of times the best hope we have for stopping projects, destructive things like mines or pipelines or clear cuts is direct action. And so I use my law license and service of direct action campaigns while trying to organize direct action. And at that time in my life, the end of 2020, when you asked me to come out to Thacker Pass, it was just a perfect time in my life where I had the space to do that. I think I originally told you I’d only be there for two weeks because I was working on something else. But once I got out there and realized how beautiful that land was and got to spend some time with the creatures on that land, I realized this is what I’m going to be doing. trying to stop this mine. Max: Yeah. Yeah. Thanks for sharing that. And I know you’re always vulnerable with sharing the mental health struggles and the suicide attempt and, and, um, and everything that you have been through and continue to go through. And I really appreciate that. I know others do too, because it’s a lot of people just keep that stuff buried, you know, the, the psychological weight to which, you know, I don’t have clinically diagnosed depression, but I think all of us who have a heart and have, you know, have eyes to see and can perceive what’s happening in the world around us today and just live in this culture that’s so inhuman, dehumanizing and degrading in so many different ways, you know, feel that weight to one degree or another. And I know you feel it more more uh heavily than most um so i’m glad you’re here with us um uh with me still um and doing this work together we met i think it was it was either later in 2013 or early or in 2014 Will: yeah i believe it was 2014 Max: and will’s been a good friend ever since um but just to expand on i want to dive into this a little bit before we really get to focus on the fine and Thacker Pass and what’s happening now with that, which is partly the focus of this conversation. And pardon me, because I’m battling some sort of sinus issue or something, so I’m very hoarse and I might cough. But I sent you an email a couple days ago. I don’t know if you saw it, but it was about how the Trump administration is currently in some ways laying a trap for mainstream environmental organizations by doing things like shrinking the Bears Ears National Monument. And I forget the name of the other one down there in the southern Utah or Four Corners area that got shrunk. Do you remember it? And the trap is that these organizations have now sued to contest the shrinking of these national monuments. And this argument was