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Suit Filed Against Expansion of Navajo Coal Mine Polluting Four Corners Region

Reblogged from Earth First! Newswire:

by the Center for Biological Diversity

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Navajo Mine, by Kelly Michals

After decades of coal pollution from the 2040-megawatt Four Corners Power Plant and BHP Billiton’s 13,000-acre Navajo Coal Mine that supplies it, Navajo and conservation groups filed suit against the federal government late Tuesday for improperly rubber-stamping a proposal to expand strip-mining without full consideration of the damage and risks to health and the environment.

“The Navajo mine has torn up the land, polluted the air, and contaminated waters that families depend on,” said Anna Frazier of Diné CARE. “Residents in the area deserve a full and thorough impact analysis that is translated into the Navajo language to provide for real public participation, not another whitewash for the coal industry.”

Navajo Mine is located in San Juan County, N.M., on the Navajo Nation. Four Corners Power Plant, built in 1962, provides electricity to California, Arizona, New Mexico and Texas and is the largest coal-fired power plant source of nitrogen oxides (NOx) in the United States. (NOx is associated with public-health impacts including respiratory disease, heart attacks and strokes). The legal action, brought under the National Environmental Policy Act, challenges the Office of Surface Mining’s decision to allow BHP Billiton to expand strip-mining operations into 714 acres of a portion of land designated “Area IV North” and the agency’s claim that the mine did not cause significant human health and environmental impacts.

The present Area IV mine expansion was proposed in the wake of Diné Citizens Against Ruining our Environment v. Klein (Diné CARE), 747 F. Supp. 2d 1234, 1263-64 (D. Colo. 2010). In that case, the U.S. District Court for the District of Colorado ruled that a previous proposal to strip-mine all 3,800 acres of Area IV North violated the National Environmental Policy Act and ordered OSM to revisit its analysis under the Act.

Unfortunately, OSM’s new analysis only exacerbates the deficiencies of its first analysis. OSM’s analysis justified a finding of no significant impact in a vacuum by focusing only on a cursory analysis of impacts within the mine expansion’s perimeter and ignoring indirect and cumulative impacts from mercury, selenium, ozone, and other air and water pollutants caused by the combustion of coal at the Four Corners Power Plant and the plant’s disposal of coal ash waste generated by the coal mined from the expansion area.

“The way the approval was rushed through and the way OSM put on blinders to the cumulative reality of coal operations at the mine and the power plant is an injustice,” said Mike Eisenfeld, New Mexico energy coordinator with the San Juan Citizens Alliance. “It hides the true magnitude of the damage going on with coal in our region and the risks of green-lighting more of the same with no change.”

“Mercury and selenium pollution from coal mining and combustion is driving endangered fish extinct in the San Juan River while it threatens people’s health in nearby communities,” said Taylor McKinnon, public lands campaigns director at the Center for Biological Diversity. “These are massive environmental problems facing the Four Corners region and people — problems the Office of Surface Mining can’t ignore any longer. ”

“Pollution and other impacts from coal mining and coal power plants broadly impact New Mexico’s rivers and streams, in particular the Chaco and San Juan rivers,” said Rachel Conn, projects director at Amigos Bravos. “These rivers must be better protected for agriculture, drinking water and fish.”

“Ultimately, we need to transition away from coal and towards clean, renewable energy from New Mexico’s abundant sun and wind,” said Nellis Kennedy-Howard with the Sierra Club. “As we make that transition, we need to account for the true magnitude of coal’s impact to human health and the environment.”

“When the federal government gets out the rubber stamp in a situation like this, where so much is at stake for clean air, vital waterways, and the people who depend on them, that leaves no alternative but legal action to try to ensure fairness and accountability,” said Erik Schlenker-Goodrich, an attorney with the Western Environmental Law Center who is representing the groups.

The lawsuit seeks a comprehensive analysis of the Navajo Mine and Four Corners Power Plant’s impacts to health and the environment to inform current and future coal-related decisions and help illuminate opportunities to transition away from coal toward clean, renewable energy generated by New Mexico’s abundant sun and wind.

Diné Citizens Against Ruining Our Environment (CARE), San Juan Citizens Alliance, Center for Biological Diversity, Amigos Bravos and the Sierra Club are represented in the case by the Western Environmental Law Center.

A copy of the filed lawsuit can be found here.

Cultures of Resistance

The book Deep Green Resistance studies the American Civil Rights Movement, the British Women’s Social and Political Union, and the Movement for the Emancipation of the Niger Delta. All these “cultures of resistance” provide loyal support for their members, so they may do the difficult work of demanding social and political change. I’ve looked into a few other such cultures and offer them here:

An excellent example is the diverse resistance put up by many ethnic minorities to Burma’s military dictatorship. The State Law and Restoration Council (SLORC), a military junta of General Ne Win, took control of Burma in 1962 and renamed it Myanmar. Already troubled by decades of British colonialism and a 1942 Japanese invasion, Burma’s diverse peoples—Rohingya, Karen, Padaung, Mons, Kachins, Akha, many more—were subjected to enslavement, rape, forced prostitution, all the usual manner of violence committed by the powerful against the powerless.

The military government also (as usual) sold off great swaths of forest to foreign timber companies, and seized slaves and land for other economic enterprises like railroads and agriculture. The Burmese human-rights disaster is somewhat well-known for the politician Aung San Suu Kyi, kept under arrest by the SLORC despite her overwhelming 1990 election win. The movie Beyond Rangoon also has publicized this struggle. Though exactly the sort of entrenched oppression supposedly condemned by the West, the very opposite of democracy, no serious intervention was ever mounted from outside Burma. One reason, perhaps, is that the SLORC’s business partners were familiar to anyone in the US: Amoco, Texaco, and PepsiCo, then owners of Pepsi-Cola, Taco Bell, Frito Lay, Kentucky Fried Chicken and Pizza Hut. Admiring the bravery of Aung San Suu Kyi is one thing—she won a Nobel Peace Prize in 1991 for her devoted, nonviolent activism—divesting from an obscure overseas horror when there’s cash to be made, quite another.

Though there were some UN efforts to alleviate the suffering in Burma, by and large the people were on their own. There would be no cavalcade of outraged freedom fighters taking on the SLORC or its army, the Tatmadaw, on behalf of the 300,000 Rohingya refugees forcibly displaced into desperate camps in neighboring Bangladesh. It’s frankly impossible for most people in the US to imagine just how terrifying this sort of frontier resource warfare really is; I surely can’t begin to grasp it. Human rights activist Edith T. Mirante writes: “[T]he Refugees described a systematic campaign of terror-rape by the Tatmadaw. A military buildup in the area had apparently been accompanied by one of the largest-scale uses of tactical rape in Asia since Japan’s 1937 occupation of Nanking, China. It is worth noting that present-day [1993] Burma is ruled by a general trained under that same Japanese fascist military.” Women and young girls from the frontier zones were also abducted and sold to Thai brothels. They were advertised as being “AIDS free,” but as Mirante writes, “they don’t remain AIDS free for long.”

Women traditionally held positions of respect within their pre-colonial communities, and this carried forward into the resistance to the military dictatorship. The Shan people believed a woman’s bullet could defeat an enemy’s defensive magic, and I daresay they were right. Mon women—the Mon are a Buddhist people—served in the rebel army in combat roles, “perhaps inspired by Chama Devi, queen of an ancient Mon empire.” There was scarcely anything so fearsome to Burma’s tribal people as a tattooed woman with a gun. A well-organized, complementary non-violent strategy played an important role, as well: “[E]thnic minority women in exile have worked tirelessly to make people in other countries aware of Burma’s plight. Shan, Karen, Kachins, Pa-O, and other female activists have organized demonstrations around the world, lobbied governments and international organizations for refugee aid, and publicized issues like the destruction of Burma’s rain forests and the threats of AIDS and forced prostitution.”

A similar coalition of indigenous peoples in Canada has recently formed to fight tar sands pipelines and oil tanker traffic in the lands and waters that have sustained them for thousands of years. In a rare, breathtaking show of solidarity, “more than 130 First Nations governments in western Canada have firmly declared that they do not support the Enbridge Northern Gateway Project and that they will not support such projects anywhere in the traditional territories of opposed First Nations; as a result, there is unprecedented unified opposition to both the Enbridge and the Kinder Morgan pipeline and tanker projects,” according to West Coast Environmental Law. Canada’s tar sands mines are so outrageously destructive, so obviously the last desperate grasping of the end of the oil age, that opposition is finally beginning to match the scale of the psychopathology driving such activity. The coalition-building and superb organizing is a model to be admired and duplicated.

In a very different part of the world, the alliance Moskitia Asia Takanka has defended the tropical Moskitia rainforest and Patuca River from the occupying Honduran government for thirty-five years. As the international human rights group Cultural Survival notes, “For 3,000 years, Indigenous people have plied their dugout canoes up and down the Patuca River, the central artery of Honduras’ vast Moskitia lowland rainforest. On its rich floodplain they grow cocoa, oranges, rice, beans, cassava, and other crops for subsistence and sale, and its fish provide a vital source of protein. ‘The river is our life,’ says Lorenzo Tinglas, president of the Tawahka people’s governing council. ‘Any threat to the Patuca is a threat to four Indigenous Peoples—the Tawahka, Pech, Miskitu, and Garifuna—and we will fight to the death to protect it.’”

Danielle DeLuca writes in Cultural Survival Quarterly: “Despite years of protest from local Indigenous Peoples and international environmental groups, in January 2011 the Honduras government signed a contract with a Chinese company to start construction on the first of three dams that would have many irreversible consequences in the Moskitia, Central America’s most biologically diverse tropical wilderness…[C]ommunities are fighting for their futures as dam construction gets underway.”

There are plenty more examples: The 1980s militant resistance of the Bougainville islanders to a copper and gold mine owned by industrial giant Rio Tinto-Zinc and the Papua New Guinean government, that successfully closed the mine. This struggle was popularized in the documentary film The Coconut Revolution, and is fascinating not only because the small Bougainville population took on the Papua New Guinea Army and won, using resources like coconut oil for diesel fuel, but for its tidy representation of every facet of the global situation: their landbase was being destroyed for a limited resource they themselves had no use for, their water was being poisoned and they had nowhere else to go. Unfortunately, commodity prices are pressuring the mine to reopen.

Endnotes

http://mendnigerdelta.com/ Accessed 3/7/12.

McBay, Aric; Keith, Lierre; and Jensen, Derrick. (2011.) Deep Green Resistance: Strategy to Save the Planet. New York, NY.: Seven Stories Press. 113-192.

http://en.wikipedia.org/wiki/Aung_San_Suu_Kyi Accessed 3/2/12.

Another story of women’s important role in armed struggle is the Nepalese People’s Liberation Army, “Maoist guerrillas, who were waging an underground war to abolish monarchy in Nepal and promulgate a constitution of, by and for the people.” http://ipsnews.net/news.asp?idnews=106139 Accessed 2/21/12. Thanks to Premadasi Amada for bringing this to my attention.

Mirante, Edith T. (1993.) Burma’s Ethnic Minority Women: From Abuse to Resistance. In: Miller, Marc S., editor. (1993.) State of the Peoples: a global human rights report on societies in danger. Boston, MA.: Beacon Press. 7-14.

Mirante, Edith T. (1993.) Burmese Looking Glass: A Human Rights Adventure and a Jungle Revolution. New York, NY.: Atlantic Monthly Press.

http://wcel.org/resources/environmental-law-alert/first-nations-north-south-and-interior-stand-against-oil-tankers Accessed 3/3/12.

http://www.vancouverobserver.com/politics/2012/02/13/nation-building-how-enbridge-pipeline-issue-unified-northern-bc Accessed 3/3/12.

http://www.youtube.com/watch?v=4G5KtqPSW8Q Accessed 3/3/12.

http://www.vancouverobserver.com/sustainability/2012/01/17/enbridge-northern-gateway-joint-review-panel-smithers-finds-100-opposition Accessed 3/3/12.

http://www.marketwire.com/press-release/enbridge-pipeline-first-nation-says-an-oil-spill-is-inevitable-and-would-wipe-out-their-1627405.htm Accessed 3/3/12.

http://www.vancouverobserver.com/politics/2012/02/13/nation-building-how-enbridge-pipeline-issue-unified-northern-bc Accessed 3/3/12.

http://www.culturalsurvival.org/take-action/honduras-dont-dam-patuca-river Accessed 7/8/11.

http://www.culturalsurvival.org/publications/cultural-survival-quarterly/pursuit-autonomy-indigenous-peoples-oppose-dam-construction Accessed 3/4/12.

http://www.youtube.com/watch?v=LDpvxQe_Jhg&feature=gv Accessed 3/4/12. See also: http://en.wikipedia.org/wiki/Bougainville_%E2%80%93_Our_Island_Our_Fight Accessed 3/4/12.

http://www.theaustralian.com.au/business/bougainville-president-backs-panguna-mine/story-e6frg8zx-1226058523408 Accessed 2/19/12.

http://www.abc.net.au/correspondents/content/2010/s2900363.htm Accessed 2/19/12.

http://www.mpi.org.au/1new-page.aspx Accessed 2/19/12. See also: http://www.mpi.org.au/about-mpi.aspx

What you can do: organize and resist.

As Gas Drilling Spreads, Towns Stand Ground Over Control

SOUTH FAYETTE, Pa. — As energy companies move to drill in densely populated areas from Pennsylvania to Texas, battles are breaking out over who will have the final say in managing the shale gas boom.

The fight, which pits towns and cities against energy companies and states eager for growth, has raised a fundamental question about the role of local government: How much authority should communities have over the use of their land?

Read more…