Thousands Oppose Border Coal Mine as Texas Approves Permit

Thousands Call for Texas to Deny Dos Republicas Coal 

Mine Wastewater Permit

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Approval could further contaminate recreation, drinking water for border communities

By Vanessa Ramos

vanessa.ramos@sierraclub.org 
Matt Johnson matt.johnson@sierraclub.org

Censored News

AUSTIN, Texas -- Today, the Texas Commission on Environmental Quality (TCEQ) approved the wastewater discharge permit renewal and expansion for the Dos Republicas coal mine near Eagle Pass, Texas, despite thousands of Texans urging them to deny it.

Several Native groups, elected officials, as well as environmental and social justice advocates held a demonstration and press conference at the agency’s headquarters in Austin to speak out against the coal mine and its toxic wastewater. Local community members are concerned, after experiencing a fish kill and learning about coal mining pollution, that the Dos Republicas mine is contaminating Elm Creek and the Rio Grande River with toxic chemicals and heavy metals that make the water unsafe for drinking and recreation, and is damaging the local economy. In addition to polluting the water, the mine destroys the land, threatens wildlife, and causes air, light, and sound pollution to the City of Eagle Pass. All of the coal is sent to Mexico to be burned in some of the dirtiest power plants in the hemisphere.

“It is extremely sad and disappointing to witness the TCEQ rubber stamping this permit that basically makes it impossible for the people of Eagle Pass and Maverick County to preserve and protect their water,” said Tane Ward, Senior Organizing Manager for the Sierra Club’s Beyond Coal Campaign. “The TCEQ permitting process exists to protect these people from pollution, not put them at risk of exposure to toxic coal runoff.” 

A coalition of thousands of individuals have signed in opposition to the mine, including many elected officials of the City of Eagle Pass and Maverick County. Three thousand people signed a petition specifically asking the TCEQ to deny the wastewater discharge permit.

“Local opposition to this coal mine is very strong, and it is growing across Texas,” said Martha Baxter, a resident of Eagle Pass. “Our community relies on this water for recreating and drinking, so we just can’t sit back and watch this coal mine ruin it with its wastewater.”

  

In addition to its disastrous environmental impacts, Dos Republicas is near one of the oldest historical human settlement areas in all of the Americas and is ancestral territory to many Native Texans. More than 100 archaeological sites are under threat of destruction by dynamite blasting, surface mining, and toxic pollutants, which will completely destroy Native burials, historic artifacts, and sacred sites. In April, 2016, a historic gathering of Native Texans representing several tribes marched against the mine in Eagle Pass.

Watch videos:
https://www.facebook.com/TexasSierraClub/videos/10154298512097920/

https://www.facebook.com/TexasSierraClub/posts/10154298327042920

EAGLE PASS: Native Groups Lead Action Against Dos Republicas Coal Mine

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Native Groups Lead Historic Action Against Dos Republicas Coal Mine

By Matt Johnson and Olka Forster

Censored News

Dutch translation by Alice Holemans, NAIS at:

http://www.denaisgazet.be/nieuws/navajo-protest-peabody-coal-moet-betalen

EAGLE PASS, Texas -- Native American Groups gathered for a historic rally and march to protest the open-pit coal strip mine in Eagle Pass, Tex. The protesters called on the U.S. Army Corps of Engineers  to rescind the mine’s permit, halt expansion and protect the land from further destruction. 

The project, owned by Dos Republicas Coal Partnership, mines lignite coal, which is transported by train from Maverick County across the border to be burned in a Mexican coal-fired power plant. The mine began operating several months ago, despite widespread local public opposition, and is harming the ancestral homelands of many Native groups and damaging sacred lands and more than 100 archaeological sites.

“This mine has already caused irreparable damage, destroying multiple burial sites and erasing our cultural heritage in the process,” said Maria Torres, Tribal Chairwoman of the Pacuache Clan of Texas. “This land is our patrimonial heritage, and it holds the story of our ancient aboriginal people -- how we lived and how we died. When we lose access to our land and to the ancient wildlife of the area, from the jaguarundi and ocelot to crucial plant life, we lose part of our heritage and our connection with Mother Earth.”

Many Native groups say they were not properly consulted by Federal agencies as required prior to granting the permits necessary for the coal mine to open. The project also faced widespread local opposition. More than eight thousand Eagle Pass residents and allies signed a petition in opposition to the Dos Republicas mine before its opening.

"This project is the worst example of environmental injustice I've seen,” said Dr. Jonathan Hook, former Director of Environmental Justice and Tribal Affairs for the EPA, Cherokee Nation citizen and Maverick County resident. “Everything about it is wrong. Given the incomplete processes and potential damage to one of the most vulnerable communities in the country, the Dos Republicas mine should have been stopped before it even started."

Representatives from the Lipan Apache Band of Texas, Pacuache Band Coahuiltecan Nation, Carrizo-Comecrudo Tribe of Texas, and American Indian Movement of Central Texas were present at the Saturday event, which included Native drumming, and other cultural expressions along with large banners, signs, and puppets.

“Native leaders, tribal members and allies from across the country are uniting here today, and they join thousands from the area who are standing up against this disastrous project," said Dr. Tane Ward, and Native and decolonial organizer working with the Sierra Club. "It’s unclear why the state of Texas has been so supportive of the controversial mining project. Not only does it harm culturally rich and historic land, the Dos Republicas mine threatens the safety and livelihood of those who live nearby all so the coal can be shipped to Mexico and burned in coal plants. It's time for this dangerous project to be stopped, once and for all."

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Photo above Pablo Mancias

Most Censored in Indian Country April 2016

O'odham battle the US Border Patrol, militarization and encroachment

Censored News through the years

The news in Indian country remains censored and distorted, as reporters stay home and plagiarize, and fail to show up to cover news stories. Censored are issues that conflict with the agenda of media owners and the US government.

By Brenda Norrell
Censored News

Censored News has original content that those gagged by their dependence on advertising dollars, politicians and media owners, do not want you to know.

Here's some of our original articles that have been censored, or the facts distorted, in mainstream news in Indian country. 

We begin with this breaking news from Eagle Pass, Texas:
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Eagle Pass, Texas: Native Groups Lead Action against Coal Mine

"Native American Groups gathered for a historic rally and march to protest the open-pit coal strip mine in Eagle Pass, Tex. The protesters called on the U.S. Army Corps of Engineers  to rescind the mine’s permit, halt expansion and protect the land from further destruction.The project, owned by Dos Republicas Coal Partnership, mines lignite coal, which is transported by train from Maverick County across the border to be burned in a Mexican coal-fired power plant. The mine began operating several months ago, despite widespread local public opposition, and is harming the ancestral homelands of many Native groups and damaging sacred lands and more than 100 archaeological sites." http://bsnorrell.blogspot.com/2016/04/eagle-pass-native-groups-lead-action.html

In breaking news, the new Goldman Environmental Prizes reveal Newmont mining in Colorado beating unconscious an Indigenous grandmother protecting her land in Peru from gold and copper mining.
This is the same Newmont mining protested by Western Shoshone for mining and desecrating their sacred land.
Earlier, Wikileaks exposed the formation of a five country coalition to push mining in Peru, at the same time Indigenous were being beaten and killed defending their land from mining.
The US Ambassador reported directly to US Sec. of State Hillary Clinton, according to leaked cables.
Hillary's Ambassador and the Canadian Ambassador met with Newmont and other mining companies to orchestrate mining as Indigenous were dying.
More at Censored News:
http://bsnorrell.blogspot.com/2011/02/wikileaks-peru-us-feared-return-of.html

The Israeli Apartheid corporation Elbit Systems obtained the US border contract and is now constructing US/Israeli spy towers on the sovereign Tohono O'odham land. The Gu-Vo District said, 'No!' as it protects burial places of O'odham which are now targeted by these border spy towers. Elbit Systems also maintains the Apartheid security surrounding Palestine. A Censored News exclusive:
US Israeli Pacts Targets Traditional O'odham
http://bsnorrell.blogspot.com/2015/09/us-israeli-pact-targets-traditional.html

O'odham in Mexico cut border fence on traditional route. Thank you to Ofelia Rivas, O'odham, for these authentic photos which reveal the cutting of this fence at The Gate, south of Sells, Arizona, which is a traditional crossing of O'odham. Don't be fooled by others who try and take credit for this action, or articles written by other reporters who were not present and have distorted the facts. 
Here is the authentic news at Censored News:
O'odham Cut Border Fence Restricing Traditional Route:
http://bsnorrell.blogspot.com/2016/03/oodham-cut-border-fence-restricting.html

Widely censored when it happened, Censored News republishes this courageous act of the Navajo, Hopi and Lakota delegation that took on Peabody Coal and challenged its stockholders in New York in 2001. Most of the delegation are now in the Spirit World. 
Peabody Coal has now declared bankruptcy in April 2016, but who will do the cleanup and pay for the damages?
A Censored News exclusive:
Tribute to Navajo, Hopi and Lakota who Took on Peabody Coal
http://www.bsnorrell.blogspot.com/2016/04/tribute-navajo-hopi-and-lakota-took-on.html

While Peabody Coal was declaring bankruptcy in April, a fresh assault was made on Dine' (Navajos) at Big Mountain who have resisted relocation for 40 years. These Dine' resisters have endured harsh lives and were just subjected to another attack by the US, the BIA and its forces, the seizure of their cattle.
Louise Benally: Big Mountain Terrorized as Peabody Coal goes Bankrupt
http://bsnorrell.blogspot.com/2016/04/louise-benally-big-mountain-terrorized.html
Peabody Coal's 40-Year Holocaust of Navajos
http://bsnorrell.blogspot.com/2016/04/peabody-coals-40-year-holocaust-for.html

In the latest news, Lakota establish a new camp, Sacred Stone Camp, on Standing Rock in North Dakota, to fight the Dakota Access pipeline.
http://bsnorrell.blogspot.com/2016/04/spirit-camp-defenders-ride-into.html

Please see the latest on justice for Dine' (Navajo) Loreal Tsinigne, murdered by Winslow, Arizona, police.
Indigenous Action Media:
http://www.indigenousaction.org/

The latest from Mohawk Nation News:
http://www.mohawknationnews.com

Owe Aku International Justice Project fighting uranium mining, and battling for clean water, in Lakota country:
http://www.oweakuinternational.org/

Please scroll through Censored News' 10 years of archives, revealing what the other media doesn't want you to know. From the protection of Oak Flat by San Carlos Apaches, to the resistance and building of communities in Chiapas, to the exposure of the crimes of the US government, Censored News continues.

www.bsnorrell.blogspot.com


Censored News is now in its 10th year, published with no advertising, adwords, grants or revenues.

Tribute: Navajo, Hopi and Lakota took on Peabody Coal, New York 2001

Roberta Blackgoat
Flagstaff Arizona protest
of Peabody water slurry
Photo Brenda Norrell (c)

Navajo, Hopi and Lakota delegation warned Lehman Brothers of consequences of mining sacred Black Mesa

By Brenda Norrell

Censored News copyright
French translation by Christine Prat at:

http://www.chrisp.lautre.net/wpblog/?p=3378

The following article is being republished following Peabody Coal's bankruptcy this week.

In 2001, a delegation of Navajo, Hopi and Lakota stood united before Peabody Coal stockholders in New York and challenged the corporate monster.

Most of the delegation are now in the Spirit World. Arlene Hamilton bought two stocks in Peabody Coal in order for the delegation to address the stockholders. As a result, Arlene said her life was threatened. She died in a car accident. Roberta Blackgoat, known around the world for resisting relocation, died during the time of Hamilton’s memorial. Leonard Benally, longtime resistor with his sister and brother Louise and John Benally on Big Mountain, and Arlene’s husband, died of illness.

Those who stood together in New York included Hopi and Lakota elders.

NEW YORK -- A delegation of Navajo, Hopi and Lakota warned Lehman

Brothers stockholders of the dire consequences of their actions in

2001. In a rare move, censored by most media, the Navajo, Hopi and

Lakota delegation warned Lehman Brothers, after it acquired the

financial interests of Peabody Coal, of the spiritual consequences of

mining coal on sacred Black Mesa and the aftermath of Peabody Coal's

machinations that led to the so-called Navajo Hopi Land Dispute.

Later, Lehman Brothers declared bankruptcy.

Peabody Coal's 40 Year Holocaust for Navajos

By Brenda Norrell
Censored News
French translation by Christine Prat at:
http://bsnorrell.blogspot.fr/2016/04/tribute-navajo-hopi-and-lakota-took-on.html

As Peabody Coal declares bankruptcy, it is important to remember the lives lost to heartbreak, respiratory disease and cancer, the homes that were destroyed, and the aquifer and spring waters that were drained and poisoned.
One elderly Navajo man laid down and died from heartbreak when he was relocated. 
It was Peabody Coal and its attorney John Boyden that orchestrated the so-called Navajo Hopi land dispute. Peabody's purpose was to clear Navajos off Black Mesa for coal mining. 
It has been a 40 year Holocaust for the people of Black Mesa. More than 14,000 Navajos were relocated to make way for Peabody Coal mining. 
The resisters of relocation lived harsh lives and many died during the long years of struggle. 
Peabody Coal was aided by corrupt Congressmen who pushed through legislation, and the media that promoted the lies and censored the truth. 
Peabody Coal feeds the Navajo Generating Station, one of the dirtiest coal fired power plants in the world. It lights up southern Arizona while poisoning Navajos. 
The genocidal effects of Navajo relocation are far reaching. 
Sanders, Arizona, to the east of Black Mesa, is at the mid-mark of two Holocausts: The Church Rock, N.M., uranium spill of 1979, and relocation. The uranium spill is flowing down the Rio Puerco wash, and the radiation is now in the drinking water at Sanders.
In Sanders, there is the trail of heartbreak, like a long mourning song in the land, from those relocated here. 
This 40 Year Holocaust must be documented and remembered, so it will never happen again. The Congressmen, Peabody Coal, the attorneys and the media should be exposed and held accountable. 
Never again.
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Navajo water contamination more horrific than Flint's

Coal mining, power plants, uranium mines and uranium spills have poisoned the Navajo Nation water

By Brenda Norrell
Censored News copyright

Navajo water has long been contaminated by Peabody Coal mining on Black Mesa, Cold War uranium spills and strewn radioactive tailings.
Recently, the US EPA poisoned the Animas and San Juan Rivers with a gold mine spill. The spill devastated Navajo farmers who depend on the water to irrigate their crops.
Further, the US government knew when it relocated Navajos from Black Mesa to the Sanders, Arizona, area that radiation from the Church Rock, N.M. uranium spill on July 16, 1979, would poison the water when it flowed down the Rio Puerco wash to Navajo Nation and Arizona communities.
Today, tests confirm the radioactivity in the drinking water in the Sanders area.
In the Four Corners region on the Navajo Nation, three dirty coal fired power plants poison the water with runoffs, near Page, Arizona, and Farmington, N.M.
The dirty coal electricity lights up Phoenix, Tucson and other cities. Meanwhile, Navajos suffer from the coal mining and power plant pollution. Many Navajos have no running water and are forced to haul their water long distances.
The media, both in Indian country and the mainstream media, have failed to expose the truth.
The public remains unaware of the extensive pollution and corporate exploitation on the Navajo Nation.

From Robert Seals:

Photo Louise Benally speaking in DC
English, French and Dutch
French translation by Christine Prat
http://www.chrisp.lautre.net/wpblog/?p=3167

Dutch translation by Alice Holemans, NAIS
http://www.denaisgazet.be/nieuws/navajo-watervervuiling-gruwelijker-dan-dat-van-flint

My name is Robert Seals. I have been following the Flint, Michigan water crisis story and wish to shine a light on another water contamination story that is much older and just as horrific as Flint's.

The Navajo Black Mesa water supply has, for decades, been destroyed by Peabody Mining Company. The wells have been drained to make slurry in order to pipeline coal and the remaining water supply is contaminated with uranium which is now leaching into the Colorado river. This is the short version of the little known story that desperately needs to be told. There has been no potable water on the reservation for decades. When a city like Flint is in crisis, everyone gets agitated/involved. However, there is no one talking about the tragic situation that has been taking place on the Navajo Black Mesa and no one is being held accountable for this travesty. The spokesperson for Black Mesa is Louise Benally. She will give you the complete story. (louisebenally6@gmail.com)

Here is a brief statement from Louise: "Our water has been impacted since the 1950's on to today. When different minerals were discovered on the Navajo Reservation in the 1940s-1950- through to this day (now 2016), ground water has been used to extract uranium. The ground and surface waters have been used and released back into holding ponds and/or released into the surface waters. Coal Mining on Black Mesa used water to transport coal for 276 miles and continued pumping ground water for pushing Black Mesa Coal to Laughlin, Nevada. Today there are holding ponds that are not monitored at Black Mesa which seep into the run offs/into the surface waterways- headwaters.

There is a lot of contamination on our reservation, in most of the regions- New Lands- Sanders, Arizona. There is no water that is safe for people to drink. In the western agency area, there has been no safe drinking water since the 1950's, after the uranium companies have moved on. Black Mesa water is being pumped for Peabody Coal Company's mining operation. The contamination is currently seeping into the Colorado River."

https://en.wikipedia.org/wiki/Black_Mesa_Peabody_Coal_controversy

Thank you immensely for taking the time to further investigate and expose this dire situation.

Sincerely, Robert Seals

Mother Nature's Temple

www.mothernaturestemple.org

mothernaturestemple www.mothernaturestemple.org Mother Natures Temple is an earth-based faith, reconnecting people with Nature & the Divinity of Nature.

BKIN/Bringing Kids Into Nature

www.bkin.org

honorthetreaty@hotmail.com

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New Lawsuit Challenges Approval of More Navajoland Coal Pollution at Four Corners

Lawsuit to Challenge Feds’ Approval of Decades More Coal Pollution at Four Corners

By Shiloh Hernandez, Western Environmental Law Center

Colleen Cooley, Diné C.A.R.E.
Mike Eisenfeld, San Juan Citizens Alliance
Rachel Conn, Amigos Bravos
Taylor McKinnon, Center for Biological Diversity

Nellis Kennedy-Howard, Sierra Club

PHOENIX — After years of refusal by U.S. government agencies to address coal pollution damage from the Four Corners Power Plant and Navajo Mine, Diné (Navajo), regional and national conservation groups today took joint legal action to seek justice for impacts to communities, the climate and endangered species.

Today the groups filed a 60-day notice of intent to sue the Office of Surface Mining, U.S. Fish and Wildlife Service and other federal agencies for approving the Four Corners Power Plant and Navajo Mine Energy Project in July. The approval prolongs the 52-year-old power plant and coal mine – among the most notorious for coal contamination in the country – through 2041 despite impacts from coal toxins to communities, the San Juan River Basin, its ecosystems and endangered species.

“While the rest of the world is transitioning to alternative forms of energy, the Four Corners Power Plant continues to burn coal and will do so for the next 25 years,” said Colleen Cooley with Diné Citizens Against Ruining Our Environment. “Prolonging coal not only condemns our health and the water, air, and land around us, it undermines our community’s economic future because we are not investing and transitioning to clean energy. Even former owner of the Navajo Mine, BHP Billiton has exited many coal contracts across the globe because coal is no longer economically feasible.”

Community and conservation groups have exposed gaping deficiencies in the U.S. government’s impact study of Four Corners Power Plant and Navajo Mine, including inadequate analysis of clean energy alternatives to prolonged operation of the coal plant and insufficient consideration of carbon pollution impacts, public health problems, threats to endangered species, water contamination from coal ash waste, and impacts to Navajo culture.

“The U.S. government supposedly sees the importance of the transition to the clean energy economy nowadays, so it’s really an affront to Four Corners area residents when the feds won’t even provide honest evaluation of pollution or solar and wind alternatives at Four Corners Power Plant and Navajo Mine,” said Mike Eisenfeld with San Juan Citizens Alliance. “All of us in the Southwest deserve at least an honest expert analysis.”

Today’s notice cites violations of the Endangered Species Act, and will be followed in 60 days by additional claims under the National Environmental Policy Act relating to pollution impacts on climate, people and local communities.

"Mercury is the top cause of water quality impairment in New Mexico lakes and reservoirs,” said Rachel Conn, interim executive director for Amigos Bravos. “Over 60,000 acres of New Mexican lakes and reservoirs are polluted with Mercury. It is unacceptable that in over half of the State's lakes and reservoirs, New Mexicans can no longer fish without worrying about poisoning their families.”

“Decades of deadly coal pollution in the San Juan Basin have poisoned people, the San Juan River and its endangered fish,” said Taylor McKinnon with the Center for Biological Diversity. “Our laws require the government to recover endangered species, but more coal pollution will push San Juan River fish toward extinction. The time for a just transition to clean, renewable energy is now.”

“Federal agencies must assure that coal operations follow the law. What agencies can’t do is bend the law to accommodate coal operations, but that’s just what they did here,” said Western Environmental Law Center Attorney Shiloh Hernandez. “What this really shows is the outdated and heavily polluting Navajo Mine and Four Corners Power Plant can’t operate in compliance with the law. These facilities are obsolete and need to transition.”

“This toxic, outdated facility has been wreaking havoc on the health of people and ecosystems for far too long,” said Nellis Kennedy-Howard, senior campaign representative for the Sierra Club’s Beyond Coal campaign. “The Office of Surface Mining and U.S. Fish and Wildlife Service ignored the obvious environmental impacts of this facility when they approved extending its life.” 

Groups party to today’s notice include Diné Citizens Against Ruining Our Environment, San Juan Citizens Alliance, Amigos Bravos, Center for Biological Diversity, and Sierra Club. They are represented by attorneys Shiloh Hernandez, Matt Kenna, Kyle Tisdel and Laura King of the Western Environmental Law Center, John Barth, and Michael Saul of Center for Biological Diversity.

Download a copy of today’s notice here.

For Immediate Release, December 21, 2015

Collusion by Feds Uncovered on Navajo Coal Plant Deal

MONDAY, OCTOBER 26, 2015

CONTACTS:

·         Nicole Horseherder, To' Nizhoni Ani, nhorseherder@gmail.com

·         Jihan Gearon, Black Mesa Water Coalition, jihan.gearon@gmail.com

·         Mallory Kindsfather, DU Environmental Law Clinic, mkindsfather17@law.du.edu

Illegal government collusion and secrecy uncovered in EPA and Dept. of Interior deal on air pollution control at Navajo Generating Station

Navajo community groups file civil action to address harmful smokestack emissions without delay

BLACK MESA, Ariz. – One of the nation's oldest and dirtiest coal-burning power plants will be able to continue dumping pollution into the skies above the Navajo Nation for another three decades because of a plan that was hatched in secrecy by government agencies, a coalition of Navajo groups claim in a complaint filed on Oct. 26, 2015.

The Navajo community organizations, To' Nizhoni Ani, Black Mesa Water Coalition, and Diné Citizens Against Ruining our Environment ("Diné CARE") say that newly uncovered evidence shows the Environmental Protection Agency and U.S. Department of the Interior colluded on a plan that will delay cleaning up harmful air pollution from the Navajo Generating Station ("NGS"), located on Navajo land near Page, Ariz. and Lake Powell.

"This is discrimination and genocide for our people and way of life. Our people still make a living off the land, and we have a right to participate in meetings that affect our future. This plan was brokered in secret," said Nicole Horseherder, a Black Mesa resident and founding member of To' Nizhoni Ani. "We didn't know these agencies were concocting a plan until they had already reached a final agreement that completely ignores the health and livelihoods of those who live in the shadow of the plant's smokestacks."

The Navajo Generating Station was built 40 years ago, and as the fifth largest power plant in the nation is also one of America's biggest polluters. Nowhere is the impact of the plant's toxic emissions felt greater than on the Navajo Nation, which suffers some of the highest rates of asthma and other lung problems in any community in the country.

In February 2013, the EPA proposed requiring cuts of 85 percent in the plant's harmful smog-forming nitrogen oxide emissions over the next five years in order to meet clean air safeguards. Documents obtained by the groups, however, show that from March to July of that year, a working group that included the EPA and DOI met in secret to develop a plan that skirted most of the EPA's initial recommendations.

Federal open government and accountability laws require agencies to conduct their work in public. But the working group met in secret without providing any notice of its meetings or opening them to the public. To the surprise of the Navajo groups, the EPA adopted a final plan in July 2013 that will allow NGS to continue polluting the air with high levels of smog-forming nitrogen oxides for at least another 30 years, long past the expected operational life for a coal-fired power plant. 

"EPA and DOI deceived the public by lying about their involvement in the working group," said Mallory Kindsfather, one of three student attorneys working on the case for the Environmental Law Clinic at the University of Denver. "The federal government has been shutting tribal communities out of decision-making for a very long time. These violations underscore the lengths to which federal agencies are willing to go in order to silence indigenous voices."

The groups assert that what emerged from the improper and illegal behind-closed-door Federal Government agency collusion was a deal that excused the one power plant in the U.S. owned by the U.S. Government from the same kinds of timely air pollution cleanup within five years, measures being required for coal plants across the region and the country. 

The groups filed their complaint with the U.S. District Court for the Northern District of California, in San Francisco, where EPA Region 9 issues its regulations – more than 800 miles from the Navajo Nation. They are asking the court to overturn the plan under the grounds that it violates the Federal Advisory Committee Act.  The facts and law at the center of this complaint are as follows:

·         Through a request for public information, tribal conservation organizations uncovered emails and other correspondences pointing to the Federal Government's collusion and secrecy in establishing an advisory committee for the sole purpose of offering regulatory recommendations.

·         This information supports an inference that EPA participated in the advisory committee meetings, advised along the way, and provided assurances that the advisory committee's end product would be approved.

·         The advisory committee did not provide public notice of its meetings or open them to the public.  

·         EPA and Interior violated FACA by establishing and utilizing an advisory committee without abiding by these transparency safeguards.

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