Formal Complaint and Request for Action Against MCW Energy Group

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I submitted this complaint to the following agencies yesterday afternoon.

Utah Division of Air Quality, Utah Division of Water Quality, Utah Department of Environmental Quality, and Utah DOGM Minerals Regulatory Program.

I will post an update when I get some responses.

COMPLAINT:

This letter is a formal complaint and request for action by Raphael Cordray, personally, and behalf, Utah tar Sands Resistance (UTSR).

This complaint alleges that MCW Energy is operating a tar sands processing plant near Vernal in violation of State and Federal environmental laws and regulations. MCW Energy is performing unlawful activity by building and operating a tar processing facility without environmental permits.

My search of public records reveals that no current permits are existing as required by law and for public safety. This Tar Processing facility is adjacent a residential area putting homes and families at risk.

MCW has no Air pollution control permit.

MCW has no Storm Water discharge permit

MCW has no NPDES Process Water discharge permit

MCW has no permit for RCRA Waste Streams yet appears to create RCRA waste streams

There are chemicals and processes on site that require permitting and regulation yet the MCW facilities and tar processing operations are currently unpermitted and unregulated.

MCW stands to gain a huge financial benefit from this illegal activity by placing human health and the environment at risk.  MCW is defrauding investors by making numerous false claims on their website.

MCW has used public leaders including, Kevin Van Tassel and Governor Herbert to create an illusion of legitimacy for this illegal project.

I am aware that a Right Of Entry (ROE) permit 6166 was issued to MCW on February 2nd by SITLA.  I also reviewed the related “Final Agency Action” letter from Kevin Carter of SITLA to MCW dated Nov. 17 2015.

ROE 6166 executed contract

I am concerned about the content of the ROE.  The ROE claims to authorize the dumping of process water by MCW tar processing facility in unlined pits on the site.  Where is the public process and proper environmental impact research in an ROE?  A tar sands factory needs more than an ROE to operate yet state of Utah records indicate that MCW has been operating illegally on this site for years.

The ROE permit 6166 states:

“SITLA authorizes and approves Permittee’s use, storage and disposal of Produced Water on the Permitted Property.”

SITLA does not regulate produced water. How & Why are they “authorizing” it?

We request that you take immediate action and close this illegal operation.  We demand that the environmental impacts to our air, water and the land from this toxic experiment be disclosed and addressed. We formally request that  ALL relevant laws and rules be effectively applied and enforced to this project.

Please contact me if you need any further information.

I look forward to your responses.

Sincerely,

Raphael Cordray, personally and for,

Utah Tar Sands Resistance

We’ve Moved Our Vigil to SITLA!

BREAKING: Utah Tar Sands Resistance has moved our protest vigil to SITLA, the School and Institutional Trust Lands Administration, located in downtown Salt Lake City!

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That’s right, we rolled in with our water barrels, tents, and banners, and set up shop at high noon today.

Join us if you can. Bring food or coffee, and it will be a party.

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SITLA's dirty work banner

Read the press release:

Utah Tar Sands Resistance
Stages 24-Hour Vigil on Lawn of SITLA

FOR IMMEDIATE RELEASE
October 21, 2015

SALT LAKE CITY, UT: On October 21 at noon, members of Utah Tar Sands Resistance and supporters launched a 24-hour vigil in front of SITLA (School and Institutional Trust Lands Administration) in Salt Lake City. This summer and fall, beginning in mid-May, they have been holding an ongoing protest encampment in the Book Cliffs of eastern Utah, at the site where US Oil Sands is attempting to start the first commercial tar sands mine in the U.S. Now, they have brought their protest to the front doors of the agency responsible for leasing the lands, SITLA, located at 500 S/700 E, Salt Lake City.

The group chose to launch their vigil the day before SITLA’s next board meeting, which will take place at 9 a.m. on October 22. SITLA’s board is stacked with developers chosen by the governor, and its decisions to lease land for the world’s dirtiest energy sources—like tar sands and oil shale—stand in stark contrast to its mandate to never sacrifice short-term gains for the long-term wellbeing of Utah’s children.

In reality, SITLA contributes just 1–2% of the public schools’ budget. What do SITLA’s choices actually give the residents of Utah? The high rate of infant mortality in the Uintah Basin and the red air days in the Salt Lake Valley during which children and pregnant women are told to stay indoors, for starters. Human health will be jeopardized even more if the world’s dirtiest projects are allowed to take root in Utah. Along with decimated ecosystems, dwindling watersheds, and climate chaos, these realities show that SITLA’s choices are giving our children a toxic and frightening future, leaving them to cope with previous generations’ mistakes.

Jill Merritt, a mother of four and a grandmother, says, “SITLA’s choices put my grandchildren and future generations in grave danger, leaving them with a world torn apart by climate chaos, poisoned rivers, and toxic air. We call on SITLA to immediately rescind their leases for tar sands and oil shale, and start focusing on the long-term wellbeing of our children.”

Utah Tar Sands Resistance encourages all concerned members of the public to join them in standing up for a livable future. Their vigil is a family-friendly environment that they hope will serve as a public forum in which people can discuss their concerns about the management of public lands and resources. They will be recording stories on the site for a video project on this issue, and they invite kids, parents, and other members of the public to come share about their concerns for the environment and their love of Utah’s public lands.

Our 2015 Permanent Protest Vigil Has Launched!

Two weeks ago, tar sands resisters returned to the East Tavaputs Plateau to set up an ongoing protest vigil on the land leased for tar sands extraction. We came to witness, to document, to show people the land and inspire them to stand against tar sands, oil shale, and all extreme extraction.

We are now excited to tell the world that we’re back, and we’re not leaving until US Oil Sands gives up and goes home.

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In this remote area of the Book Cliffs, a start-up company called US Oil Sands has leased 32,000 acres of land managed by the School and Institutional Trust Lands Administration (SITLA) for tar sands mining. Based in Alberta, Canada, US Oil Sands is a striking example of how corporations pay no mind to the same borders through which regular people are so often denied access. The company says it plans to begin commercial production in late 2015.

Tar sands mining would turn this lush wilderness into a bleak moonscape of gray rubble. It would level the canyons teeming with life, and send toxins into the waterways that feed the Colorado River, which 40 million people rely on for survival. And because tar sands refining is an incredibly dirty process–even compared to refining of regular crude–it would also pump toxins into the air of people in Salt Lake City. All this would support the production of a low-grade fuel that would never even be feasible without heavy subsidies, because it takes much more energy to extract than regular crude.

UTSR Vigil 2Last year, our ongoing protest vigil lasted through US Oil Sands’ work season, from mid-May through late October. We hosted numerous groups and individuals at our public gatherings, giving people tours of the land and inviting them to become part of the popular resistance against tar sands mining and for a livable future.

We’re thrilled to be returning to the land we love so deeply. It’s a land with a rich history, part of the Uintah Ute Band’s homeland and their traditional hunting grounds. It’s a land filled with bears, cougars, coyotes, and countless other species. So far this year, we’ve seen deer, elk, turkeys, and a coyote. And lately, it’s been a land of rolling thunder and sudden downpours, but fortunately we spent last summer practicing our tarping skills. 

Please DONATE to this effort to help make our protest vigil a huge success!

Things seemed quiet on US Oil Sands’ work site at first, though we witnessed some activity this week. We know it’s awfully hard for those big machines to work on muddy ground–the East Tavaputs Plateau has been holding her own against the ongoing violence enacted against her.

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This vigil–and the many direct actions that various groups and individuals have taken against the tar sands mine–are necessary because we don’t seem likely to win this battle through the court system. On June 12, 2014, the EPA issued an order to US Oil Sands demanding that they gain additional permitting to deal with stormwater runoff before continuing with their project, because they are operating on an area deemed “Indian Country” under federal law. The company continued bulldozing, and nobody made them stop–that is, until 80 folks took direct action in July, shutting them down for a week. But during that action, the police worked to arrest the folks taking action and protect the company, paying no mind to the fact that they were operating illegally.

Living Rivers is pursuing a legal challenge to the mine. Their first case was dismissed on a technicality by the Utah Supreme Court in June 2014, but they recently filed another suit that cites more recent evidence of how US Oil Sands would pollute the watershed of the Green and Colorado Rivers. We fully support Living Rivers and believe this is necessary work, but we aren’t banking on the court system–and we hope you aren’t either.

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Back at the home front, we’ve been preparing for upcoming gatherings like the June 19-21 Intergeneration Campout. We look forward to sharing this summer and fall with new and old friends, witnessing all the plateau’s seasons along with the growth of our vibrant community of resistance. We hope to see you soon on the East Tavaputs Plateau!

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Please DONATE to this effort! Thank you for all of your help and support.

 

Words too powerful for the court?

We had prepared and arranged for one of the defendants to give a customary statement to the court on behalf of the defendants about why they did what we did, why we do what we do, and why we must continue.  The judge denied us his audience.  Instead this statement was read to the news media outside the courtroom. 

The Moral Imperative to Halt Tar Sands Mining

Last summer, twenty-five people were arrested for participating in acts of civil disobedience to halt construction of U.S. Oil Sands’ tar sands mine. We felt we had no choice but to take such action because of the blatant human rights violations that tar sands mining causes.

Tar sands is essentially naturally occurring asphalt. Extracting a low-grade oil out of it demands a tremendous amount of energy and water, making it a massive contributor to climate change as well as water and air pollution. Separating the bitumen from the rock mobilizes dangerous toxins that are present in substantial amounts, like mercury and arsenic.

In Canada, where tar sands mining has destroyed an area the size of Florida, it has polluted the Athabasca River with substances causing cancer, birth defects, and mutations in parts per trillion.

Indigenous people in the community downriver are getting rare cancers at an alarming rate, with cases occurring at a 30% higher rate than expected. Marginalized communities typically face the most severe environmental injustices, and we fear that this will be the case for indigenous communities who rely on the Colorado River and live downstream from the tar sands mines.

These communities are already dealing with many violations of their human rights from uranium extraction, water depletion, and a multitude of other issues. Their right to health, along with that of the 40 million water drinkers who rely on the Colorado, is being sacrificed for corporate profit. The same will happen to those in the airshed of the mining area and the refineries in Salt Lake City where the bitumen is expected to be processed.

Tar sands mining also uses copious amounts of water. The state of Utah takes at face value U.S. Oil Sands’ claims that it will use minimal water, when every tar sands project in existence uses massive amounts of water. Meanwhile, U.S. Oil Sands is already using precious deep aquifer water for its operations—water that should be reserved for sustaining life in a drying world. It has been well-documented that the Colorado’s flow is steadily dwindling, due to catastrophic climate change, which tar sands mining itself exacerbates. We can’t allocate more water to industrial use when the river has less water to give every year. We need to think of all the people downriver who rely on that water for sustenance. Because 15% of our nation’s food is grown using Colorado River water, giving more of our water to industry would endanger our food security as well.

Further, catastrophic climate change is real. Virtually all of the scientific community accepts it, yet our government continues to permit and subsidize projects that send us further toward climate collapse. Tar sands has a more detrimental climate impact than just about any other project, producing three times as much greenhouse gas as regular crude. It doesn’t matter if the School and Institutional Trust Lands Administration (SITLA) manages to raise 2% of the public school budget this year if we’re leaving our children with a doomed world.

Once the land is strip-mined, its complex ecosystems will take perhaps centuries to return. We believe we must not leave a vast area of the East Tavaputs Plateau a tar sands wasteland. Despite U.S. Oil Sands’ claims, there is no way they can bring the land back with anything close to the complexity of this diverse high desert and canyon ecosystem. We maintain that corporations have no right to destroy places like Utah’s Book Cliffs forever.

On June 12, 2014, the EPA issued a directive to U.S. Oil Sands saying that USOS needs additional permitting because the strip mine is on traditional Uintah and Ouray Reservation land.

Nobody has held U.S. Oil Sands to this requirement—on the contrary, the company has continued clear-cutting, blasting, and bulldozing the land without securing the required permits.

After careful consideration, we came to the conclusion that we have the moral imperative, as residents who rely on the air, water, and land of this region, to protect these resources when our government refuses to serve as steward of them on behalf of the people.

We believe we must protect this land and these resources for future generations. SITLA is entrusted with managing this land for the long-term benefit of the public schools, but instead is sacrificing it for short-term gains, which stands in diametrical opposition to its mission. Over the past several years, we and various other organizations have pursued legal solutions such as a challenge to U.S. Oil Sands’ wastewater dumping permit, discussions with SITLA, and public rallies, to no avail. Our government’s insistence on looking the other way as tar sands strip mining in Utah jeopardizes our future led us to take civil disobedience in order to persuade our government to protect human rights over corporate profits. Only after serious deliberation did we choose to jeopardize our own liberty by using the age-old tactic of nonviolent civil disobedience for the sake of our future and all the generations to come.

Our Statements

Today 25 people arrested during 2014 protest actions resolved their criminal cases. No contest pleas to misdemeanor charges were received by the court from all defendants after lengthy negotiations between prosecutors and the land defenders’ attorneys. The heavy-handed and ridiculous felony charges mentioned below were all eliminated and reduced during plea negotiations. These 25 land defenders are now on probation but vow to continue the fight to protect the Colorado Plateau from extreme energy projects! Below are two personal statements regarding the persecution, from Victor Puertas and Camila Ibanez, two of the most fearless forces of nature that we’ve ever met. 

Victor Puertas:

Finally after so many months, tomorrow is our court date. 6 months after and the consequences are finally clear: A charge of third-degree felony riot punishable by up to five years in prison. I’m also charged with interference with an arresting officer, which is a class-A misdemeanor punishable by up to a year in jail. I’m on the watch-list of this corporation as a ”dangerous, radical environmentalist” (lol), lawyers of this corporation are telling the government that I should be deported out of the country.

I have been through a lot of BS, attacks and criticism from people that don’t have the same level of commitment, people that don’t understand our sacred duty as children of the PachaMama. People that talk a lot but at the end they will never risk their own safety or privileges. Some of them weren’t even there but of course as ”radicals” they feel qualified to criticize me, our actions and our event that day.

I truly believe that our three years campaign in defense of this land and against tar-sands on the Tavaputs Plateau, our events, actions and our strong commitment are crucial to the problems that US Oil Sands is having right now, their stocks are going down, they’re losing a lot of money.

In the end I’m just guilty of protecting this land and stand up for my people, my compas. I don’t regret not even a single second of that day. I took my chances, I face the consequences but I always keep my head up, for me this is a physical battle but also a spiritual one and the only important thing is to honor this land and to honor my ancestors, to be worthy of their warrior spirit.

So whatever happens, this struggle continues and we only just begun, we are here for the long run!!

Wañuylla, wañuy wañucha, amaraq aparuwaychu, karuraqmi puririnay, runaykunatan maskani, karuraqmi puririnay. No Tar-Sands on Indigenous Land!!!

Camila Ibanez: 

6 months later, today is my court day for the alleged actions against the first-ever tar sand mine in the United States. Alongside of 24 other land defenders, I am one of the six people being accused of third-degree riot felony, along with a class A misdemeanor. US Oil sands is quick to label us as criminals, and terrorist. They are saying whatever they can in attempt to get the community to see us as so. The legislators, CEOs, and other fat takers have no intention in seeing themselves as criminals, “domestic terrorists”, destroyers of the lands.

Utah is one of the states that oil corporations have lobbied hard for in order to pass legislation that heightens charges against protestors. Which makes sense when you look at how many tar sands deposits lie in Utah.

As we struggle for black liberation and indigenous resistance, we must also fight to free Pachamama, who is suffering from white supremacy and capitalism. Our communities hold wisdom and answers and we find them when we redefine wealth, value, love.

For all y’all that know. I’ll be headed back to the plateau in so called Utah in a few months to resume the work that needs to be done to stop the tar sands extraction.

So let’s take my sister Sabaah’s solid advice and let’s get free. Cause there is no justice on stolen lands for stolen bodies. We need to work together.

Press release: Utah tar sands opponents to be sentenced

FOR IMMEDIATE RELEASE

Utah tar sands opponents to be sentenced

VERNAL–Plea agreements reached between the Uintah County Attorney’s office and 25 tar sands opponents arrested in July and September, some charged with felonies, will be revealed in 8th District Court Thursday at 9 AM.

Can’t make it to Vernal?
A representative of the defendants will be available for interviews and on-camera comments
at 2:30 pm Thursday, January 8
in front of the Matheson Courthouse in Salt Lake City immediately following the hearing

Construction of the US Oil Sands tar sands strip mine in the Book Cliffs of Utah was halted for one week in July due to protesters’ efforts to stop the project. They say all levels of government and corporate investors have failed to stop the misguided project and so everyday people have had to step in.

“This tar sands mine isn’t safe for drinking water, it’s a huge contribution to climate catastrophe, it’s destroying vital animal habitat, it’s destroying Mother Earth seized from indigenous people, and will make the region’s air even more toxic for everyone,” said Raphael Cordray of Utah Tar Sands Resistance. “It’s not even safe for investors who are exposed to so much litigation risk attached to all those dangerous factors that violate the public trust.”

State and county government have strongly supported the development of tar sands and oil shale strip mines, in part by funding and building a 70-mile highway–named Seep Ridge Road–without which the tar sands project would be financially unfeasible. Court challenges were unsuccessful.

Protesters say the heavy-handed charges have drawn more attention to the campaign and attracted even more eager supporters. “The urgency to stop this project continues despite the repression from the state and police,” Cordray said. “This project is life-threatening and violent. As more people learn about, more people are inspired to do what they can to stop it. This project is so awful that resistance is inevitable.”

In the largest protest action, on July 21, about 80 protesters in pre-dawn hours swarmed a fenced equipment yard. Several locked their bodies to construction equipment and blocked entrance to the yard and hung a banner reading “U are Tresspassing on Ute Land.” After about 11 people were extracted and arrested there, a second segment of people sat in the roadway temporarily blocking police vehicles from leaving. In all, 21 people were arrested that day, seven of whom were charged with felonies including rioting.

On Septmeber 23, disguised in chipmunk masks, a group of just five people were able to shut down work at the sprawling 200-acre construction site.

In all during 2014, police arrested 26 people for various actions that disrupted the tar sands mine’s activity. Many disruptive actions occurred in which police were able to arrest no one. Thursday’s hearing will conclude the last of the court cases attached to 2014 actions against the tar sands mine construction.

Media Contact
Raphael Cordray
801-503-2149

Protester “chipmunks” obstruct work at Utah tar sands mine; 5 arrested

Chipmunk preserving their home.

Sept. 30, 2014 | For Immediate Release

PR SPRINGS, Utah–Protesters again stopped work at the construction site of the first tar sands mine in the US.  Five people were later arrested and jailed but the campaign to stop the mine said the resistance will not relent until all tar sands plans are canceled.

By moving quickly through the site to obstruct numerous construction vehicles, just a handful of speedy protesters were able to shut down the enormous construction project on a sprawling 213 acres in Utah’s Book Cliffs.

The action took place Sept. 23.

“Direct, physical intervention is necessary to halt the completion of this toxic project,” said one protester. “If just five percent of those people at the People’s Climate March in New York City came to Utah, we could shut down tar sands construction for good–and probably get away with it.”

bulldozers stopped.

A playful video of the action released by Utah Tar Sands Resistance shows protesters donning chipmunk masks, running, dancing and posing for pictures among the many halted machines.

Despite the humor, protesters say Utah tar sands development threatens the safety of drinking water for 40 million people and would cause irreparable damage to the land, including clear-cutting of old-growth juniper, fir and pine forest.

US Oil Sands began major construction of their strip mine in 2014 and hopes for commercial sales beginning sometime in 2015. Hundreds of people have participated in actions disrupting construction work this year, vowing to prevent functioning of the mine. Including the new five defendants, 27 people from Utah and throughout the Americas are facing criminal charges in connection with protest actions.

Construction of the mine is scheduled to end this month due to oncoming winter conditions. Protesters have vowed to return in the spring.

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Utah Tar Sands Resistance received the following communique from the “chipmunks”:

The tar sands industry is not threatened by symbolic media actions. Direct physical intervention is necessary to halt the completion of this toxic project. What we did was necessary, but it was not enough. We need more people to intervene to roll back US Oil Sands’ assault on land, water, plants, animals and indigenous sovereignty. We encourage everyone to act to halt construction and note that it is no one’s duty to hand themselves over to the state each time they disrupt dangerous projects. We knew we were risking arrest of ourselves or nearby friends who weren’t even involved in this action, and we do not regret our actions. But please, anyone who is able: disrupt the tar sands industry, halt construction and operations and get away with it! Hundreds of thousands of people Sept. 21 marched in New York City just to have a parade for the media. If just 5 percent of those people came to Utah and engaged in direct action, we could shut down tar sands construction for good–and probably get away with it. Our friends who were arrested were subjected to abuse and trasmisogyny from police and jailers that left all of us in a state of terror regarding the welfare of our trans woman friend who was kept in solitary confinement–where the jailers had ample access to abuse her without witnesses, a regular occurrence for incarcerated trans people. No justice seeker should feel compelled to subject themselves or their friends to this kind of state-sponsored abuse that comes with arrest and jail just to live up to some class-privileged individuals’ problematic views on what types of protest deserve respect. Lastly, the video of the chipmunk work stoppage on US Oil Sands’ strip mine project–occurring on stolen Ute land–demonstrates this company’s blatant disregard for the life and safety of people on the work site. US Oil Sands CEO Cameron Todd made claims in the media that workers stop work immediately if anyone is present on the worksite–a requirement of federal safety regulations. But the video shows what we’ve seen again and again: rampant deviation from this guidance and thus rampant violations of safety regulations. KBR-contracted Stubbs and Stubbs’ reaction to our presence echoes their disregard for the amazing ecosystems of the Book Cliffs and beyond, and the lives that they are systematically poisoning and destroying. 

 

Faces of the grassroots climate movement: rowdy and rowdier

Marches around the country this week show ideological diversity among a new cohort of activists.

by Cally Carswell

(This article has been re-posted from High Country News)

Protesters march toward U.S. Oil Sands’ test pit, on the East Tavaputs Plateau in Utah’s Book Cliffs. The company is moving toward opening the first commercial tar sands mine in the U.S., and began clearing a site for a processing facility down the road this summer.

Last Sunday, under a pocket of blue sky, some 30 people spilled out of vehicles onto Seep Ridge Road, a wide thoroughfare that traverses a remote spine of eastern Utah’s Book Cliffs, and is in the process of being paved. Many in the group wore hats or wrapped their heads with scarves, then tied bandanas over their noses and mouths. They looked tough, hard-edged, but not without a sense of humor. One woman carried a shepherd’s cane, one man wore a clown mask, and another played tunes like “This Land is Our Land” on a saxophone. The wind whipped them energetically.

The guises were defenses not against the weather, but against the cops and a security camera trained on a test pit for what could soon become the first commercial tar sands mine in the U.S. Tar sands contain an unconventional crude called bitumen, that with a great deal of water and energy can be extracted from sand and rock, and refined into fuel. The industry is big business in Alberta, Canada, and one of the most carbon-intense fossil fuels. U.S. environmentalists have fiercely opposed the Keystone XL pipeline, which would transport Canadian tar sands crude to U.S. refineries, in a bid to influence further development to the north. Less known, and less opposed nationally, is the push to develop Utah’s own tar sands deposits.

The protesters were here to say “no” to the development, because as one explained earlier in the day, “These days, if you’re not saying ‘no,’ you’re saying ‘yes’.” It felt good to say “no,” another told me, and to do so publicly.

After all, the politer approaches to solving the climate crisis, the attempts by big environmental groups to work inside the halls of Congress, to compromise, and to wield science to compel action, had failed. It was time, the protesters believed, to confront the problem at its source – carbon spewing projects like this one – and to do so loudly. A few among them unfurled a banner declaring “Together and Everywhere We Rise Up for Climate Justice.” The group began to march toward the test pit. Continue reading

Five Land Defenders Arrested at Utah Tar Sands Protest

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BREAKING: Five Land defenders were arrested yesterday morning at the construction site of US Oil Sands’ tar sands strip-mine in Utah. The Canadian company’s 32,000 acre lease-holding are on state-managed land in the Book Cliffs, on the East Tavaputs Plateau, though the land is traditional Ute land, and lays within Indian country, with sections of the tar sands project straddling the boundary of the Uintah & Ouray Reservation.

Currently, the land defenders (including the media team) are being held on Class A Trespassing charges, with a total bail estimated at $10,500.

One of those arrested is a trans woman, and at this time we are unsure if she is being held in solitary, or if she is being housed with the male population. Neither situation is acceptable, we are extremely concerned about the dangers she may be facing.

We will provide updates and media here as they become available.

Donate to the land defenders’ legal support fund using this secure link or with the form below: