This note discusses the changing legal landscape in Guatemala and the positive impact of non-violent community resistance on protecting the environmental, social, cultural, political, and economic interests of indigenous groups. Examples of Maya resistance against the Kappas and Cassiday & Associates El Tambor gold mine and the Goldcorp Marlin Gold mine show that community resistance movements can play a role in effecting meaningful change. These indigenous movements have shown that resilient and peaceful protests by communities are having an effect on the behavior of transnational mining corporations that are polluting the environment and committing human rights abuses. The indigenous peoples of Guatemala, most of whom are Maya, have experienced decades of violence and oppression. However, recent Court rulings in favor of indigenous communities in cases against these two mines are hopeful signs that Guatemala is building a strong judiciary that is able enforce the existing laws that should protect indigenous peoples’ rights and the environmental integrity of the country. Communities are peacefully resisting violence and oppression, and fighting for their rights to protect and control their communal lands. Slowly but surely these movements are drawing international attention and pushing the government to meaningfully address corruption and instability.

The federal government manages an estimated 643 million acres of public lands across the United States. Roughly 93 percent of those acres lie in 12 western states: Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. Starting in Utah in 2012, a movement calling for the transfer of federal lands gained traction in the other western states and with their representatives in Congress. Senator Orrin Hatch (RUT) vocally supported the Sagebrush Rebellion of the 1970’s and has continued to call for the transfer of federal lands to the states. Focusing on two states’ legislative actions, this article explores the similarities between the Sagebrush Rebellion and the current transfer movement. It posits that this movement is nothing new, but merely an extension of the decades-old debate over public lands ownership. The article then suggests solutions to the frustration in the West which are less permanent than transferring title to the states.