The California Valley Miwok Tribe
"The official and legitimate Tribe"
COMMUNITY OVERNIGHT PRAYER VIGIL POTLUCK
Help the California Valley Miwok Tribe
Keep Their Land — Stop The Eviction!
WHERE:
California Valley Miwok Tribe - Tribal Land
10601 Escondido Pl., Stockton, CA 95212
WHEN:
Friday, January 15 th, 2010
TIME:
Gathering at the Tribal property throughout the day followed with a
Candle light vigil to be held after sunset
1hour Press Conference starting at 3:00 pm
COME EARLY - STAY LATE
We humbly ask that everyone please bring your medicines, drums, candles, lighters,
wood, lawn chairs, and sleeping bags. Please dress warm. We are asking for singers,
dancers, storytellers and drummers. Also donations of water & non perishable foods,
flash lights, batteries, etc... (Need a portable generator with propane).
All Individuals, Media, Tribes, and/or Organizations are welcome
Our Tribe is facing the threat of a forced eviction on Jan 15 t1i, 2010
Please join us! We need community/public support!
For more information contact the
California Valley Miwok Tribe at (2091931-4567
http://www.califomiavalleyrniwoktribe-nsn.gov/
http:Hca hforniavalleym iwoktribe.us
California Valley Miwok Tribe (physical address) 10601 Escondido Pl., Stockton, CA 95212
UPDATE: Protest at the John Moss Federal Building
http://www.californiavalleymiwoktribe.us
SACRAMENTO -- The California Valley Miwok Tribe (located at 10601 Escondido Place, Stockton, CA 95212) held a two day protest, Jan. 6 --7, at the John Moss Federal Building - located at 650 Capital Mall, Sacramento, CA. This building houses the Central California Agency of the Bureau of Indian Affairs. The Superintendent in charge, Troy Burdick, is responsible for initiating all actions on behalf of the government in working with non-Indian, non-tribal members and powerful and politically connected developers to drive this sovereign tribe and its proud people into financial oblivion to be able to then seize the Tribe's inherent sovereign rights and exploit those rights for their own financial gain.
Due to the nefarious actions of developer-sponsored individuals and also officials within the BIA, the Tribe, is now facing a second threat of eviction on January 15th. One West Bank whom holds title to the tribal property, has patiently waited these long seven months in utter amazement that the federal government has been unable or unwilling to rectify the situation that they themselves have created. The bank now feels that they have no other alternative but to move forward with the proposed eviction.
This new and much more dire situation has not gone unnoticed by the community. The Tribe now has an abundance of organizations and supporters that came together to host and attend an event that not only addressed the disdain felt by all against Interior officials' ineptness but by their criminality against the California Valley Miwok Tribe and her people. The BIA/DOI has so violated the very existence of this Tribe that now it has come down to the question of violations against the members' very civil rights, but now with all the positive energy flowing, this proud tribal nation's search for Justice shall not be thwarted. Being supported by righteous organizations that fight for the betterment of all the peoples whom they represent and now all coming together for one cause. It is truly a strong and positive period in time in this Tribal people's history. This event is just the beginning and it was enhanced even further by the negative presence of the criminal factions attempt to also be there huddled in a little out of the way corner on the federal buildings grounds.
Many new supporters were made and existing relationships strengthened just by these individuals exposing whom they really are. They were so transparent that all whom came to attend in a good way could see their true nefarious and criminal intent. So we thank them also, for it strengthened the spirit and righteousness of the protest.
The winds of change are upon us and a positive river of support is now fully flowing in the Tribe's direction and as the writer of this article I will not taint this now positive force bestowed upon us by the Great Creator by even the mentioning of any of their names for fear of bringing forth the negativity of these criminals that if given the opportunity would steal the identity of this proud tribe so that they and their developer may have a casino that they have no right to.
We would like to thank the creator for giving us the strength to fight for these so many years, for the representation that has now come to assist the Tribe in acquiring legal justice, to all of the individuals who came forth to support the Tribe and to all of the organizations listed below that have assured the Tribe that they shall stand strong with us and that we shall endure.
United Native Americans Inc.
The United Hip-Hop Culture Coalition
Chicano Consortium
Save the Sacred Sites
Vallejo Inter-Tribal of California
The Modesto Anarcho
Justice Reform Coalition
Modesto Brown Berets
Affiliated Obsidian Nation
California Valley Miwok Tribe
Calaveras County Mountain Miwuk
Calaveras Band of Mi-Wuk Indians
Yung Buu Tee Village - Jackson Valley Reservation
San Joaquin First Nations Fellowship
Choinumni Tribal members
Poor Magazine
Revolutionary Hip-Hop Report
The Tribe gives thanks to the Great Creator for your support and allegiance in the continuing struggle to right the injustices wrought against it by those without moral or ethical conviction - together WE SHALL PREVAIL!
January 13, 2010
January 11, 2010
Rodriguez: Huehuetlahtolli (Ancient Gudiances) re Sheriff Arpaio
Column of the Americas
The Huehuetlahtolli (Ancient Guidances) re Sheriff Arpaio
January 11, 2009
By Roberto Dr. Cintli Rodriguez
Photo Arizona Indymedia
The Huehuetlahtolli (Ancient Guidances) re Sheriff Arpaio
January 11, 2009
By Roberto Dr. Cintli Rodriguez
Photo Arizona Indymedia
Beware of the new Sheriff in town; he’s actually an old coyote.
He denigrates, dehumanizes and belittles; he’s an eater of flesh.
pink underwear, pinstripes and ball and chains are his trademark.
He’s actually an old sheriff who lives in another century, in the Wild West.
This is Sheriff Arpaio, of Maricopa County, Apartheid Arizona,
Beware of lawmen who hide behind their badges.
Be aware of this man who abuses his badge.
Beware of men who flaunt the law.
Be aware of this man who takes the law into his own hands.
Beware of the most investigated lawman in the country.
Read more:
http://censored-news.blogspot.com/2010/01/rodriguez-huehuetlahtolli-ancient.html
January 10, 2010
Censored: Forgotten People on Black Mesa
Censored: Forgotten People on Black Mesa
By Brenda Norrell
Censored News
http://www.bsnorrell.blogspot.com
The mainstream media continued aiding and abetting the dirty coal industry this week, in the genocidal targeting of American Indian lands for toxic and polluting industries that the rest of humanity doesn't want in their backyards.
Hopi and Navajo fighting Peabody Coal mining on Black Mesa celebrated a victory this week when the US Interior Dept. rejected a coal mining permit for Peabody Coal on Black Mesa. It is a victory that the majority of the mainstream media is ignoring.
Hopi and Navajo have made it easy for even the laziest journalist, or the newspaper without a dime for travel, to cover the story. There are press statements online with abundant quotes from the Hopi and Navajo who took the action and live on the land. Their phone numbers are also on their press statements, so the mainstream media has no excuse. Censored News will even send the judge's order by e-mail to anyone that requests it.
It seems the mainstream media doesn't want to admit the truth about mining on Black Mesa. Journalists do not want to take the time to understand the facts. One of these facts is that the elected Navajo and Hopi tribal councils were created by the United States for the purpose of signing energy leases. These councils are not the traditional Navajo and Hopi forms of governance. Today, the revenues go to the tribal governments, while the people living on the land continue to fight to protect the land, air and water and live free from the diseases of these pollutants and the draining of their aquifers.
The Navajo Nation Council, in its own history published in the 1980s, stated that the Navajo government was established by the US for the purpose of signing energy leases. Hopi Dan Evehema, at the age of 104, stated that the Hopi Sinom never authorized or recognized the Hopi Tribal Council. These councils became "US puppet governments" to the people living on the land and fighting to protect the land and the people.
The number of diseases and deaths related to the coal-fired power plants, coal mining, oil and gas wells and Cold War uranium mining on the Navajo Nation have never been documented. Secrecy and censorship have aided in this crime against humanity.
Individual Hopi and Navajo, and organizations and chapters, fought Peabody's coal mining permit and won a victory.
Vernon Masayesva, Hopi, said it is a new day for Native peoples.
"A great new day is dawning for the Hopi and all Native peoples in this country," said Masayesva, executive director of the grassroots organization Black Mesa Trust. His comment came in response to the news that an Office of Surface Mining administrative law judge rejected the permit issued by OSM for the Black Mesa Complex. The permit would have allowed Peabody Coal to continue mining-as-usual at the Black Mesa and Kayenta Mines on Hopi and Navajo lands.
Masayesva and former Hopi Tribal Chairman Ben Nuvamsa met with Interior Secretary Ken Salazar's staff in November to ask that decision-makers at Interior be more responsive to Native American concerns and more mindful of their trust responsibilities for the 560-plus Indian tribes in the U.S.
"The Interior Secretary and the agencies under his oversight are to be commended," Masayesva said in a statement.
Wahleah Johns, co-director of Black Mesa Water Coalition, one of the petitioners in the appeal, responded to Judge Robert G. Holt's ruling. "As a community member of Black Mesa I am grateful for Judge Holt's decision. For 40 years our sacred homelands and people have borne the brunt of coal mining impacts, from relocation to depletion of our only drinking water source. This ruling is an important step towards restorative justice for Indigenous communities who have suffered at the hands of multinational companies like Peabody Energy. This decision is also precedent-setting for all other communities who struggle with the complexities of NEPA laws and OSM procedures in regards to environmental protection. However, we also cannot ignore that irreversible damage of coal mining industries continues on the land, water, air, people and all living things."
The Administrative Law Judge's order decides issues raised by members of the Hopi Nation in one of many appeals brought in response to OSM's final permit, which was issued in the waning days of the Bush Administration. The "life of mine" permit issued by OSM authorized and expanded mining operations at Black Mesa beyond the year 2026 for the remaining portion of an estimated total of 670 million tons of coal. The order cited violations of the National Environmental Policy Act (NEPA,) the Sierra Club, Center for Biological Diversity and Black Mesa Water Coalition said in a joint statement.
"This is a huge victory for the communities of Black Mesa impacted by coal mining and proof that Peabody can't have its way on Black Mesa anymore," said Sierra Club's Hertha Woody, a member of the Navajo Nation. "Coal is a dirty, dangerous and outdated energy source that devastates communities, jeopardizes drinking water and destroys wildlife habitats. This decision is yet another example of why it no longer makes sense to burn coal to get electricity."
The Black Mesa Coal Mine Complex has a long history of controversy stemming from concerns about air and water pollution, impacts to local residents, the drying of aquifers and sacred springs, and coal's contribution to global warming. Heavy metals and pollutants that result from mining operations are toxic to humans and harmful to wildlife.
On the Navajo Nation, The Forgotten People, a Navajo group working toward human rights, raised new questions about the dangerous and unregulated coal transport train that passes through their communities enroute to the Navajo Generating Station at Page, Ariz., one of the coal-fired power plants on the Navajo Nation.
The Forgotten People and three Chapters, Tonalea Chapter, Coal Mine Canyon Chapter and Leupp Chapter joined Californians for Renewable energy, Kendall Nutumya, Victor Masayesva, Jr., and Black Mesa Water Coalition to oppose the U.S. Department of the Interior's Office of Surface Mining decision to approve a controversial life-of-mine permit for Peabody Coal Company's Black Mesa mine in the final days of the Bush Administration.
Chester Claw, President of Tonalea Chapter said, "All these years our people suffered from adverse health effects and pollution of the environment. I am speechless, at a loss for words about what Forgotten People and the other groups are doing against a big company while all the Navajo Nation has done for decades is think about money and forget about the people's health and the environment. This is 'David v. Goliath' and David prevailed."
"Now we need to focus on Salt River Project and Navajo Generating Station so they get a transportation permit to carry Peabody's Kayenta coal like they do at all other mines to ensure safety. SRP and NGS must install warning lights and barrier arms so no more people and livestock die at the railroad crossings," Claw said.
Don Yellowman, President of Forgotten People said, "What SRP and NGS are doing with an unpermitted railroad is equivalent to an unsafe semi truck driving on a highway without warning lights and improperly functioning brakes. Are they doing this because the life of our people and livestock are less important?"
The Forgotten People said that in light of US EPA initiatives, the uncertainty of the NGS, and an increasing awareness of climate change, they are urging the Navajo Nation Council to take action. The Council was urged to hold a public hearing on the Kayenta mine in a Hogan in Black Mesa, Vote No to an extension of Peabody's Kayenta mine lease, develop an alternative energy policy, and "Go Green."
While most of the electricity produced in coal-fired power plants on the Navajo Nation goes to Southwest cities, many Navajos continue to live without electricity. Many Navajos living beneath dangerous electric transmission lines which transport power to Phoenix, Tucson and Los Angeles, have only the light produced by kerosene or battery-operated lanterns.
While Peabody Coal mining drains the aquifer, many Navajos live without running water. Hauling water is expensive and requires transporation. For elderly, there is often no one to haul water for them over the rutted dirt roads, roads often impassable in winter and during rains.
For those struggling to protect the aquifer and sacred springs, the Interior ruling came as good news.
"It is good news that our concerns were heard. Water is very precious that should not be used for coal mining but instead should be used for our people. I am pleased with this outcome," said Calvin Johnson of the grassroots organization C-Aquifer for Dine'.
"Dine' C.A.R.E. commends DOI Judge Holt," said Anna Frazier of Dine' C.A.R.E. "This is a hopeful step toward a better consultation with OSM and other regulatory entities. The ultimate goals for our people and our land are for OSM to withdraw the life of mine permit, as there is no purpose and need for it, to move toward permanent closure of the existing Kayenta Mine and transportation complex and to begin total reclamation on Black Mesa."
The coalition of tribal and environmental groups who filed a related appeal of OSM's permit included the Black Mesa Water Coalition, Diné C.A.R.E., Dine Hataalii Association, Inc., Center for Biological Diversity, Natural Resources Defense Council.
Earlier, in the 1970s, Peabody Coal orchestrated the so-called Navajo Hopi land dispute, to remove Navajos and make way for coal mining. The US relocated more than 14,000 Navajos. While coal mining destroyed the land and poisoned the air at Black Mesa, water was drained from the aquifer.
Coal-fired power plants are cited as a primary reason for global warming. US coal-fired power plants -- including those on the Navajo Nation at Page, Ariz., and in the Four Corners region -- are a primary reason for global warming, resulting in the melting Arctic ice and destruction of Arctic homelands for Indigenous Peoples and wildlife.
Peabody Coal orchestrated the so-called Navajo Hopi land dispute and coal mining on Black Mesa, carried out without a proper EIS or permits. Peabody Coal, attorneys, US senators, including John McCain, and tribal councilmen, cut backdoor deals which has resulted in more than 30 years of suffering for Navajos living on Black Mesa. Navajos resisting relocation live without basic necessities, with no one to turn to when they are cold, hungry and sick. Ultimately, the Navajo Nation government abandoned its own people on Black Mesa in favor of revenues from coal mining.
The complete copy of order is available from brendanorrell@gmail.com
The complete statements from Hopi and Navajo are at Censored News: http://www.bsnorrell.blogspot.com
Excerpts from order:
United States Department of the Interior
Office of Hearing and Appeals
Departmental Hearings Division
405 South Main Street, Suite 400
Salt Lake City, Utah 84111
Telephone: (801) 524-5344
Facsimile: (801) 524-5539
January 5, 2010
ORDER
In Re Black Mesa Complex Permit Revision.
DV 2009-1-PR thru DV 2009-8-PR
Significant Permit Revision
Permit No. AZ-001D
NUTUMYA'S NEPA MOTION GRANTED
(Docket No. DV 2009-4-PRJ)
OSM DECISION VACATED
OTHER PENDING MOTIONS DENIED AS MOOT
OTHER REQUESTS FOR REVIEW DISMISSED AS MOOT
(Docket Nos. DV 2009-1-PR, DV ... DV 2009-8-PR)
HEARING CANCELLED.
Conclusion
OSM violated NEPA by not preparing a supplemental draft EIS when Peabody changed the proposed action. As a result the Final EIS did not consider a reasonable range of alternatives to the new proposed action, described the wrong environmental baseline, and did not achieve the informed decision-making and meaningful public comment required by NEPA. Because of the defective Final EIS, OSM's decision to issue a revised permit to Peabody must be vacated and remanded to OSM for further action.
Having considered the motion, the other papers on file, and for good cause, it is ordered that:
1. The Motino by Petitioners, Kendall Nutumy, et.all, in Docket No. DV 2009-4-PR, for Summary Disposition Based on OSM's Violation of the National Environmental Policy Act (NEPA), is granted.
2. The Decision, dated December 22, 2008, of the Office of Surface Mining Reclamation and Enforcement, approving the Application for Significant Permit Revision (Project AZ-001-E-P-01)(Permit AZ-001D) filed by Peabody Western coal Company for the Black Mesa Complex, is vacated.
3. The other pending motions in this consolidated preceding are denied as moot or not ripe for review.
4. The request for review filed by the following applicants are dismissed as moot.
Californians for Renewable Energy
Victor Masayesva, Jr.
Black Mesa Water Coalition
The Forgotten People
Coal Mine Canyon Chapter
Tonalea Chapter
Leupp Chapter
5. The prehearing conference scheduled for March 9, 2010, and the hearing scheduled for March 16, 2010, are cancelled.
Appeal Rights
Any party aggrieved by this decision may file a petition for discretionary review with the Interior Board of Land Appeal, or seek judicial review pursuant to the provisions in 43 CFR Section 4.1369.
--Robert G. Holt
By Brenda Norrell
Censored News
http://www.bsnorrell.blogspot.com
The mainstream media continued aiding and abetting the dirty coal industry this week, in the genocidal targeting of American Indian lands for toxic and polluting industries that the rest of humanity doesn't want in their backyards.
Hopi and Navajo fighting Peabody Coal mining on Black Mesa celebrated a victory this week when the US Interior Dept. rejected a coal mining permit for Peabody Coal on Black Mesa. It is a victory that the majority of the mainstream media is ignoring.
Hopi and Navajo have made it easy for even the laziest journalist, or the newspaper without a dime for travel, to cover the story. There are press statements online with abundant quotes from the Hopi and Navajo who took the action and live on the land. Their phone numbers are also on their press statements, so the mainstream media has no excuse. Censored News will even send the judge's order by e-mail to anyone that requests it.
It seems the mainstream media doesn't want to admit the truth about mining on Black Mesa. Journalists do not want to take the time to understand the facts. One of these facts is that the elected Navajo and Hopi tribal councils were created by the United States for the purpose of signing energy leases. These councils are not the traditional Navajo and Hopi forms of governance. Today, the revenues go to the tribal governments, while the people living on the land continue to fight to protect the land, air and water and live free from the diseases of these pollutants and the draining of their aquifers.
The Navajo Nation Council, in its own history published in the 1980s, stated that the Navajo government was established by the US for the purpose of signing energy leases. Hopi Dan Evehema, at the age of 104, stated that the Hopi Sinom never authorized or recognized the Hopi Tribal Council. These councils became "US puppet governments" to the people living on the land and fighting to protect the land and the people.
The number of diseases and deaths related to the coal-fired power plants, coal mining, oil and gas wells and Cold War uranium mining on the Navajo Nation have never been documented. Secrecy and censorship have aided in this crime against humanity.
Individual Hopi and Navajo, and organizations and chapters, fought Peabody's coal mining permit and won a victory.
Vernon Masayesva, Hopi, said it is a new day for Native peoples.
"A great new day is dawning for the Hopi and all Native peoples in this country," said Masayesva, executive director of the grassroots organization Black Mesa Trust. His comment came in response to the news that an Office of Surface Mining administrative law judge rejected the permit issued by OSM for the Black Mesa Complex. The permit would have allowed Peabody Coal to continue mining-as-usual at the Black Mesa and Kayenta Mines on Hopi and Navajo lands.
Masayesva and former Hopi Tribal Chairman Ben Nuvamsa met with Interior Secretary Ken Salazar's staff in November to ask that decision-makers at Interior be more responsive to Native American concerns and more mindful of their trust responsibilities for the 560-plus Indian tribes in the U.S.
"The Interior Secretary and the agencies under his oversight are to be commended," Masayesva said in a statement.
Wahleah Johns, co-director of Black Mesa Water Coalition, one of the petitioners in the appeal, responded to Judge Robert G. Holt's ruling. "As a community member of Black Mesa I am grateful for Judge Holt's decision. For 40 years our sacred homelands and people have borne the brunt of coal mining impacts, from relocation to depletion of our only drinking water source. This ruling is an important step towards restorative justice for Indigenous communities who have suffered at the hands of multinational companies like Peabody Energy. This decision is also precedent-setting for all other communities who struggle with the complexities of NEPA laws and OSM procedures in regards to environmental protection. However, we also cannot ignore that irreversible damage of coal mining industries continues on the land, water, air, people and all living things."
The Administrative Law Judge's order decides issues raised by members of the Hopi Nation in one of many appeals brought in response to OSM's final permit, which was issued in the waning days of the Bush Administration. The "life of mine" permit issued by OSM authorized and expanded mining operations at Black Mesa beyond the year 2026 for the remaining portion of an estimated total of 670 million tons of coal. The order cited violations of the National Environmental Policy Act (NEPA,) the Sierra Club, Center for Biological Diversity and Black Mesa Water Coalition said in a joint statement.
"This is a huge victory for the communities of Black Mesa impacted by coal mining and proof that Peabody can't have its way on Black Mesa anymore," said Sierra Club's Hertha Woody, a member of the Navajo Nation. "Coal is a dirty, dangerous and outdated energy source that devastates communities, jeopardizes drinking water and destroys wildlife habitats. This decision is yet another example of why it no longer makes sense to burn coal to get electricity."
The Black Mesa Coal Mine Complex has a long history of controversy stemming from concerns about air and water pollution, impacts to local residents, the drying of aquifers and sacred springs, and coal's contribution to global warming. Heavy metals and pollutants that result from mining operations are toxic to humans and harmful to wildlife.
On the Navajo Nation, The Forgotten People, a Navajo group working toward human rights, raised new questions about the dangerous and unregulated coal transport train that passes through their communities enroute to the Navajo Generating Station at Page, Ariz., one of the coal-fired power plants on the Navajo Nation.
The Forgotten People and three Chapters, Tonalea Chapter, Coal Mine Canyon Chapter and Leupp Chapter joined Californians for Renewable energy, Kendall Nutumya, Victor Masayesva, Jr., and Black Mesa Water Coalition to oppose the U.S. Department of the Interior's Office of Surface Mining decision to approve a controversial life-of-mine permit for Peabody Coal Company's Black Mesa mine in the final days of the Bush Administration.
Chester Claw, President of Tonalea Chapter said, "All these years our people suffered from adverse health effects and pollution of the environment. I am speechless, at a loss for words about what Forgotten People and the other groups are doing against a big company while all the Navajo Nation has done for decades is think about money and forget about the people's health and the environment. This is 'David v. Goliath' and David prevailed."
"Now we need to focus on Salt River Project and Navajo Generating Station so they get a transportation permit to carry Peabody's Kayenta coal like they do at all other mines to ensure safety. SRP and NGS must install warning lights and barrier arms so no more people and livestock die at the railroad crossings," Claw said.
Don Yellowman, President of Forgotten People said, "What SRP and NGS are doing with an unpermitted railroad is equivalent to an unsafe semi truck driving on a highway without warning lights and improperly functioning brakes. Are they doing this because the life of our people and livestock are less important?"
The Forgotten People said that in light of US EPA initiatives, the uncertainty of the NGS, and an increasing awareness of climate change, they are urging the Navajo Nation Council to take action. The Council was urged to hold a public hearing on the Kayenta mine in a Hogan in Black Mesa, Vote No to an extension of Peabody's Kayenta mine lease, develop an alternative energy policy, and "Go Green."
While most of the electricity produced in coal-fired power plants on the Navajo Nation goes to Southwest cities, many Navajos continue to live without electricity. Many Navajos living beneath dangerous electric transmission lines which transport power to Phoenix, Tucson and Los Angeles, have only the light produced by kerosene or battery-operated lanterns.
While Peabody Coal mining drains the aquifer, many Navajos live without running water. Hauling water is expensive and requires transporation. For elderly, there is often no one to haul water for them over the rutted dirt roads, roads often impassable in winter and during rains.
For those struggling to protect the aquifer and sacred springs, the Interior ruling came as good news.
"It is good news that our concerns were heard. Water is very precious that should not be used for coal mining but instead should be used for our people. I am pleased with this outcome," said Calvin Johnson of the grassroots organization C-Aquifer for Dine'.
"Dine' C.A.R.E. commends DOI Judge Holt," said Anna Frazier of Dine' C.A.R.E. "This is a hopeful step toward a better consultation with OSM and other regulatory entities. The ultimate goals for our people and our land are for OSM to withdraw the life of mine permit, as there is no purpose and need for it, to move toward permanent closure of the existing Kayenta Mine and transportation complex and to begin total reclamation on Black Mesa."
The coalition of tribal and environmental groups who filed a related appeal of OSM's permit included the Black Mesa Water Coalition, Diné C.A.R.E., Dine Hataalii Association, Inc., Center for Biological Diversity, Natural Resources Defense Council.
Earlier, in the 1970s, Peabody Coal orchestrated the so-called Navajo Hopi land dispute, to remove Navajos and make way for coal mining. The US relocated more than 14,000 Navajos. While coal mining destroyed the land and poisoned the air at Black Mesa, water was drained from the aquifer.
Coal-fired power plants are cited as a primary reason for global warming. US coal-fired power plants -- including those on the Navajo Nation at Page, Ariz., and in the Four Corners region -- are a primary reason for global warming, resulting in the melting Arctic ice and destruction of Arctic homelands for Indigenous Peoples and wildlife.
Peabody Coal orchestrated the so-called Navajo Hopi land dispute and coal mining on Black Mesa, carried out without a proper EIS or permits. Peabody Coal, attorneys, US senators, including John McCain, and tribal councilmen, cut backdoor deals which has resulted in more than 30 years of suffering for Navajos living on Black Mesa. Navajos resisting relocation live without basic necessities, with no one to turn to when they are cold, hungry and sick. Ultimately, the Navajo Nation government abandoned its own people on Black Mesa in favor of revenues from coal mining.
The complete copy of order is available from brendanorrell@gmail.com
The complete statements from Hopi and Navajo are at Censored News: http://www.bsnorrell.blogspot.com
Excerpts from order:
United States Department of the Interior
Office of Hearing and Appeals
Departmental Hearings Division
405 South Main Street, Suite 400
Salt Lake City, Utah 84111
Telephone: (801) 524-5344
Facsimile: (801) 524-5539
January 5, 2010
ORDER
In Re Black Mesa Complex Permit Revision.
DV 2009-1-PR thru DV 2009-8-PR
Significant Permit Revision
Permit No. AZ-001D
NUTUMYA'S NEPA MOTION GRANTED
(Docket No. DV 2009-4-PRJ)
OSM DECISION VACATED
OTHER PENDING MOTIONS DENIED AS MOOT
OTHER REQUESTS FOR REVIEW DISMISSED AS MOOT
(Docket Nos. DV 2009-1-PR, DV ... DV 2009-8-PR)
HEARING CANCELLED.
Conclusion
OSM violated NEPA by not preparing a supplemental draft EIS when Peabody changed the proposed action. As a result the Final EIS did not consider a reasonable range of alternatives to the new proposed action, described the wrong environmental baseline, and did not achieve the informed decision-making and meaningful public comment required by NEPA. Because of the defective Final EIS, OSM's decision to issue a revised permit to Peabody must be vacated and remanded to OSM for further action.
Having considered the motion, the other papers on file, and for good cause, it is ordered that:
1. The Motino by Petitioners, Kendall Nutumy, et.all, in Docket No. DV 2009-4-PR, for Summary Disposition Based on OSM's Violation of the National Environmental Policy Act (NEPA), is granted.
2. The Decision, dated December 22, 2008, of the Office of Surface Mining Reclamation and Enforcement, approving the Application for Significant Permit Revision (Project AZ-001-E-P-01)(Permit AZ-001D) filed by Peabody Western coal Company for the Black Mesa Complex, is vacated.
3. The other pending motions in this consolidated preceding are denied as moot or not ripe for review.
4. The request for review filed by the following applicants are dismissed as moot.
Californians for Renewable Energy
Victor Masayesva, Jr.
Black Mesa Water Coalition
The Forgotten People
Coal Mine Canyon Chapter
Tonalea Chapter
Leupp Chapter
5. The prehearing conference scheduled for March 9, 2010, and the hearing scheduled for March 16, 2010, are cancelled.
Appeal Rights
Any party aggrieved by this decision may file a petition for discretionary review with the Interior Board of Land Appeal, or seek judicial review pursuant to the provisions in 43 CFR Section 4.1369.
--Robert G. Holt
January 9, 2010
Forgotten People: Victory for Black Mesa
FORGOTTEN PEOPLE
Dine' Be' Iina' na' hil naa
Don Yellowman, President
P.O. Box 1661
Tuba City, AZ 86045
(928) 401-1777
http://www.forgottennavajopeople.org
Dine' Be' Iina' na' hil naa
Don Yellowman, President
P.O. Box 1661
Tuba City, AZ 86045
(928) 401-1777
http://www.forgottennavajopeople.org
Photo courtesy Forgotten People.
forgottenpeoplecdc@gmail.com
A Victory for Black Mesa - David v. Goliath
forgottenpeoplecdc@gmail.com
A Victory for Black Mesa - David v. Goliath
By The Forgotten People
A Victory for Black Mesa - David v. Goliath
update Jan. 10, 2010 5 pm
BLACK MESA, Ariz. -- On January 20, 2009, Forgotten People and three Chapters, Tonalea Chapter, Coal Mine Canyon Chapter and Leupp Chapter joined Californians for Renewable energy, Kendall Nutumya, Victor Masayesva, Jr., and Black Mesa Water Coalition to oppose the U.S. Department of the Interior's Office of Surface Mining (OSM) decision to approve a controversial life-of-mine permit for Peabody Coal Company's Black Mesa mine in the final days of the Bush Administration.
On January 5, 2010, Administrative Law Judge Robert Holt issued an order vacating Office of Surface Mining's (OSM's) approval of Peabody Coal Company's proposed permit modification based on violations of National Environmental Policy Act (NEPA). These NEPA violations were pointed out by the Nutumya's plaintiffs in their successful motion for summary judgment, and these same NEPA issues and others were also the subject of Forgotten People's appeal. The NEPA errors found by Judge Holt included a failure by OSM to prepare a new supplemental EIS and a failure to provide for meaningful public comment and review. The Judge also found OSM failed to develop and consider reasonable alternatives to the proposed action.
Judge Holt said "OSM prepared a final E1S, after making "substantial changes in the proposed action" in violation of NEPA and failed to "provide full and fair discussion of significant environmental impacts." And, "Having considered Kenall Nutumya's motion, the other papers on file, and for good cause vacated OSM's decision to approve the permit. The March 15, 2010 hearing is canceled."
Chester Claw, President of Tonalea Chapter House said "All these years our people suffered from adverse health effects and pollution of the environment. I am speechless, at a loss for words about what Forgotten People and the other groups are doing against a big company while all the Navajo Nation has done for decades is think about money and forget about the people's health and the environment. This is 'David v. Goliath' and David prevailed."
Chester Claw continues, "Now we need to focus on Salt River Project and NGS so they get a transportation permit to carry Peabody's Kayenta coal like they do at all other mines to ensure safety. SRP and NGS must install warning lights and barrier arms so no more people and livestock die at the railroad crossings."
Don Yellowman, President of Forgotten People continues, "What SRP and NGS are doing with an unpermitted railroad is equivalent to an unsafe semi truck driving on a highway without warning lights and improperly functioning brakes. Are they doing this because the life of our people and livestock are less important?"
Forgotten People believes Judge Holt's decision to vacate Peabody's life of mine permit is a major collective victory. Forgotten People congratulates the Nutumya plaintiffs and their counsel and also expresses their appreciation for the good work of Forgotten People's attorney's, Mick Harrison, S. Dennison Smith, paralegal Marsha Monestersky and their colleagues at GreenFire Consulting for drafting a high quality appeal and for excellent trial preparation and discovery responses. Forgotten People and their legal team are prepared to defend this decision on appeal. Forgotten People also expresses their appreciation for attorney's David Abney, Sea Gnant, Sean Hecht and UCLA School of law for putting forth detailed NEPA and SMCRA arguments.
In light of US EPA initiatives, the uncertainty of the NGS, and an increasing awareness of climate change, Forgotten People urges the Navajo Nation Council to hold a public hearing on the Kayenta mine in a Hogan in Black Mesa, 'Vote No' to an extension of Peabody's Kayenta mine lease, develop an alternative energy policy, and 'Go Green'.
On January 5, 2010, Administrative Law Judge Robert Holt issued an order vacating Office of Surface Mining's (OSM's) approval of Peabody Coal Company's proposed permit modification based on violations of National Environmental Policy Act (NEPA). These NEPA violations were pointed out by the Nutumya's plaintiffs in their successful motion for summary judgment, and these same NEPA issues and others were also the subject of Forgotten People's appeal. The NEPA errors found by Judge Holt included a failure by OSM to prepare a new supplemental EIS and a failure to provide for meaningful public comment and review. The Judge also found OSM failed to develop and consider reasonable alternatives to the proposed action.
Judge Holt said "OSM prepared a final E1S, after making "substantial changes in the proposed action" in violation of NEPA and failed to "provide full and fair discussion of significant environmental impacts." And, "Having considered Kenall Nutumya's motion, the other papers on file, and for good cause vacated OSM's decision to approve the permit. The March 15, 2010 hearing is canceled."
Chester Claw, President of Tonalea Chapter House said "All these years our people suffered from adverse health effects and pollution of the environment. I am speechless, at a loss for words about what Forgotten People and the other groups are doing against a big company while all the Navajo Nation has done for decades is think about money and forget about the people's health and the environment. This is 'David v. Goliath' and David prevailed."
Chester Claw continues, "Now we need to focus on Salt River Project and NGS so they get a transportation permit to carry Peabody's Kayenta coal like they do at all other mines to ensure safety. SRP and NGS must install warning lights and barrier arms so no more people and livestock die at the railroad crossings."
Don Yellowman, President of Forgotten People continues, "What SRP and NGS are doing with an unpermitted railroad is equivalent to an unsafe semi truck driving on a highway without warning lights and improperly functioning brakes. Are they doing this because the life of our people and livestock are less important?"
Forgotten People believes Judge Holt's decision to vacate Peabody's life of mine permit is a major collective victory. Forgotten People congratulates the Nutumya plaintiffs and their counsel and also expresses their appreciation for the good work of Forgotten People's attorney's, Mick Harrison, S. Dennison Smith, paralegal Marsha Monestersky and their colleagues at GreenFire Consulting for drafting a high quality appeal and for excellent trial preparation and discovery responses. Forgotten People and their legal team are prepared to defend this decision on appeal. Forgotten People also expresses their appreciation for attorney's David Abney, Sea Gnant, Sean Hecht and UCLA School of law for putting forth detailed NEPA and SMCRA arguments.
In light of US EPA initiatives, the uncertainty of the NGS, and an increasing awareness of climate change, Forgotten People urges the Navajo Nation Council to hold a public hearing on the Kayenta mine in a Hogan in Black Mesa, 'Vote No' to an extension of Peabody's Kayenta mine lease, develop an alternative energy policy, and 'Go Green'.
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