Forgotten People: Victory for Black Mesa : AZ IMC

A Victory for Black Mesa - David v. Goliath
By The Forgotten People

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 is doing against a big company while all the Navajo Nation, for decades only thought about was money and they forgot 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 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."

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 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 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 their hard work and quality representation.

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'.