By Klee Benally – Indigenousaction.org

Flagstaff, AZ — Owners of Arizona Snowbowl ski area have begun moving pipeline and construction equipment to the base of the holy San Francisco Peaks, located in Northern Arizona. The Peaks are central to the ways of life of more than 13 Indigenous Nations.

Snowbowl owner Eric Borowski plans on starting the development today.

Although currently challenged by a legal appeal in the 9th Circuit Court, the US Department of Agriculture (USDA) has permitted the ski area to begin development.

The Coconino National Forest, headed by the USDA,  manages the Peaks as public lands. Snowbowl has operated under a special use permit since the 1980′s, which was initially challenged by Indigenous Nations and environmentalists all the way up to the Supreme Court.

According to the Forest Service, “Construction is anticipated to begin this month along a segment of Snowbowl Road. . . Snowbowl Road will remain open; however, delays and temporary closures will occur throughout the duration of construction, approximately five months.”
The Forest Service also stated that Snowbowl Road will be closed each day from 8 p.m. to 6 a.m.

For more than a dozen years Indigenous Nations, environmental activists, and concerned community members have worked together to protect the holy site and surrounding area from further ecological destruction, public health threats, and spiritual desecration.

Snowbowl’s development plans include clear-cutting 74 acres of rare alpine habitat that is home to threatened species, making new runs and lifts, adding more parking lots and building a 14.8 mile buried pipeline to transport up to 180 million gallons (per season) of wastewater to make artificial snow on 205 acres.

Snowbowl Construction Equipment located at Hwy 180 and Snowbowl Rd

The wastewater, which would be purchased from the City of Flagstaff, has been proven by biologists to contain harmful contaminants such as pharmaceuticals and hormones. In their Environmental Impact Statement the Forest Service did not consider the impact of ingesting waste water in the form of artificial snow or from the storage pond by humans and animals.

This point is the basis of the Save the Peaks Coalition’s current lawsuit which is currently appealing a District Court decision in favor of Snowbowl’s proposed actions.

On April 1, 2011 the Ninth Circuit Court of Appeals denied an emergency motion by the Save the Peaks Coalition to stop Snowbowl ski area and the U.S. Department of Agriculture from cutting down approximately 30,000 trees.

In 2002, the Arizona Department of Environmental Quality, with no real public process, quietly decided to allow wastewater to be used for snowmaking purposes. Later that same year the Flagstaff Mayor and City Council signed a contract to allow the sale of sewage effluent for snowmaking on the holy mountain. The contract has since been renewed administratively, behind closed doors without any public input.

Snowbowl would be the only ski area in the world to use 100% wastewater for snowmaking purposes.

In 2010 Flagstaff City Manager Kevin Burke revealed a plan, secretly negotiated with the USDA, for use of Flagstaff’s drinking water instead of the sewage effluent. Snowbowl was offered 11 million tax payer’s dollars to subsidize the increased costs of using potable water. Stating that the US government believed drinking water snowmaking to be “less offensive” to Indigenous Nations, the plan was pushed without the consent of or any consultation with Indigenous Nations.

Facing overwhelming community and Tribal opposition, City of Flagstaff officials ultimately rejected the plan.

Following the failed attempt to use drinking water the USDA, while still aggressively battling the Save the Peaks Coalition in court, began listening sessions to hear Indigenous Peoples concerns on the protection of sacred places. Ironically, the sessions were initiated in part due to the Peaks controversy.
The USDA is expected to issue a report for policy changes sometime this year.

In response to threat of development, more than 150 people rallied outside of Flagstaff City Hall and held a march for protection of the holy San Francisco Peaks on April 16th.

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Web site: www.TrueSnow.org

NEWS RELEASE

Thursday, March 31, 2011

Court Denies Injunction to Halt Snowbowl Development

FLAGSTAFF, AZ — The Ninth Circuit Court of Appeals today denied an emergency motion to stop Snowbowl ski area and the U.S. Department of Agriculture from cutting down thousands of trees on the San Francisco Peaks, outside of Flagstaff, Arizona.

The Save the Peaks Coalition and other plaintiffs filed an appeal to the Ninth Circuit and sought an emergency injunction that would stop all tree cutting and construction in furtherance of snowmaking pending the outcome of the appeal.

Judge Murguia, at the District Court level, previously denied the Coalition any injunction pending appeal.

“The ski resort can start their destruction tomorrow and there isn’t a legal recourse that can be taken.” stated Jeneda Benally, a plaintiff in the case. “The legal system has failed to protect citizens and the delicate ecosystem of the San Francisco Peaks and instead compromised it’s ethics by protecting a single for profit business that has blatant disregard for our children’s health.”

According to Howard Shanker, the attorney for the Save the Peaks Coalition and other plaintiffs, “We are gravely disappointed in the decision not to grant an injunction but will vigorously pursue our appeal in any event.”  According to Shanker, “we remain hopeful that, at some point, the courts will properly apply the law to the facts of this case.”  Shanker previously represented a number of the Tribes and environmental organizations in the first round of litigation opposing snowmaking with reclaimed sewer water.

The Justice Department under the Obama Administration continues to vigorously fight to cut down trees and to spray reclaimed sewer water to make snow on the San Francisco Peaks while the Administration has held ‘listening sessions’ on sacred sites protection, including the San Francisco Peaks, across the country.

Snowbowl threatens to clear-cut approximately 28,994 trees from 76.3 acres for construction of water impoundments, buildings, and trails. They would also begin cutting down 167 trees along the 14.8 mile snowmaking transmission line and approximately 800 trees in approximately 47.4 acres within the Agassiz and sunset trail areas.

In 2006, the Snowbowl Ski area, which operates under a permit on federal land, was granted permission by the U.S. Forest Service, part of the Department of Agriculture, to make snow using 100% reclaimed sewer water.  Something that is not done anywhere else in the world.  The project would use sewer water treated to Arizona A+ standards – A+ water in Arizona is known to contain endocrine disruptors, which block or mimic normal hormone activity.  It also contains a host of personal care products and pharmaceuticals, including things like steroids, antibiotics, and caffeine, which are neither tested for, nor adequately removed from the water during the treatment process.

The San Francisco Peaks, including the area used by Snowbowl, are sacred to 13 of the Native American Tribes in the southwestern United States.

In 2006, the Navajo Nation, the Hopi Tribe, the Yavapai-Apache Nation, the White Mountain Apache Tribe, the Havasupai Tribe and the Hualapai Tribe filed suit to stop the project which, they asserted, amounted to federally approved and sanctioned desecration of one of the best documented Native American sacred sites on record.  The tribes were joined by a number of individuals and organizations, including the Sierra Club and the Center for Biological Diversity.  After a unanimous ruling by a three judge panel of the Ninth Circuit Court of Appeals in favor of the tribes and environmental groups, the Ninth Circuit, however, agreed to re-hear the case en banc – something they only do about one or two percent of the time.  In an eight to three decision, the en banc panel reversed the prior panel decision and allowed Snowbowl and the Forest Service to go forward with the planned desecration of the area.

Shortly thereafter, a group of concerned citizens from the Flagstaff area, including the Save the Peaks Coalition, filed suit under the National Environmental Protection Act (NEPA) challenging the Forest Service’s review of the impacts associated with the potential ingestion of snow made from reclaimed sewer water.  The prior three-judge panel of the Ninth Circuit unanimously found that the Forest Service failed to adequately consider such impacts.  The en banc panel, however, vacated that decision without addressing the merits of the claim.  On review of the issue in the current litigation, District Court Judge Mary Murguia found, contrary to the prior Ninth circuit ruling, that the Forest Service review was adequate and that the case should not be allowed to go forward.

Initial approvals for the controversial project were made under the administration of George W. Bush.  It was initially the Bush Justice Department and Department of Agriculture that vigorously fought to spray potentially unsafe reclaimed sewer water onto the sacred site.  The Obama Administration, which has made a public show of respecting tribal sovereignty and sacred sites, was however, quick to pick up the mantle. Judge Murguia was nominated by Obama to go to the Ninth Circuit.  Shortly after ruling against the Save the Peaks Coalition, her appointment was confirmed.

It appears that the prior three-judge panel consisted of Democratically appointed judges.  The en banc panel appears to have split in its eight to three decision largely on political party lines.  With the three dissenting judges having been appointed by Democratic Presidents.  In any event, the Administration continues to expend resources and time fighting to disrupt a unique and sensitive ecosystem, which also happens to be sacred land to Native Americans.  All to provide Snowbowl, a private, for profit company that operates on federal land, a consistent and reliable operating season.

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FOR IMMEDIATE RELEASE

DATE:            Wednesday December 1, 2010

NOTE TO EDITORS: For a background, legal documents, photos, updates, and further information please visit: www.TrueSnow.org . Interviews can be arranged.

District Court Rules For USFS in Save the Peaks Case

Plaintiffs will Appeal the Court’s Decision to the Ninth Circuit Court

FLAGSTAFF, AZ — The case known as The Save the Peaks Coalition, et al. v. U.S. Forest Service (USFS) was heard before Honorable Judge Mary H. Murguia and today a decision was made.

The Court ruled against the plaintiffs claims that the final FEIS prepared by the USFS ignores thorough consideration of a number of critical health issues. The plaintiffs contend that a new and thorough FEIS should be filed by the USFS. If this reveals that the use of reclaimed sewage water is a public health risk then snowmaking should not be permitted for the Arizona Snowbowl on the San Francisco Peaks.

Howard Shanker, representing the Save the Peaks Coalition and additional plaintiffs, will file an appeal to the Ninth Circuit Court. According to Shanker, “ the decision misstates the facts of this case and misapplies the law.  That’s why there is an appeal process.” Further, according to Shanker, “it is remarkable that the Obama Administration is complicitous in this effort to put treated sewer water on the San Francisco Peaks.  Not only is the site sacred to Native Americans in the Southwestern United States, the Forest Service has, at best, no idea what the long term health impacts will be on people who ingest this snow made from treated effluent.  Who figured the Snowbowl ski area was ‘too big to fail’”.

Judge Mary Murguia ruled that plaintiffs were barred from bringing this action by the doctrine of latches largely because of the “near completion of the project”.

“This is remarkable in light of the fact that there was a stipulation in place until yesterday barring any ground clearing activities in furtherance of snowmaking and no final approvals were provided by the government until recently – none of which have been implemented on the ground.  That is the project is not “near completion” but rather has not even begun.” stated Shanker.

Judge Murguia also ruled that the Forest Service adequately considered that people would ingest snow made from reclaimed sewer water in the EIS.  “Notwithstanding that the only other court to rule on this issue substantively was the three judge panel of the Ninth Circuit, which found that the Forest Service failed to comply with NEPA and the fact that the EIS does not contain a discussion of the impacts.” stated Shanker.

The suit asserts, among other things, that the FEIS ignores the possibility of human ingestion of snow made from treated sewage effluent. Snowbowl would be the only ski area in the world to use 100% wastewater to make snow. They would use 1.5 million gallons per day, storing and spraying this wastewater on a mountain that is holy to more than 13 Indigenous Nations.

“This case was filed because we insist that our children not be used as guinea pigs for the profit of a single private business operating on our public lands,” stated Jeneda Benally, a complainant in the lawsuit. “The Forest Service already has admitted that there was no consideration of the impacts if children consumed wastewater snow that they acknowledge contains untreated contaminants.”

Arizona Department of Environmental Quality regulations allow A+ class treated sewer water to contain fecal matter in three out of seven daily samples (R18-11-303 2a). Moreover, studies done by Dr. Catherine Propper, Professor of Biological Sciences at Northern Arizona University, on this same treated sewer water have concluded the waste water contains pharmaceuticals, hormones, endocrine disruptors, industrial pollutants such as pesticides and herbicides, and narcotics. David Norris, PhD, an integrative physiology professor at the University of Colorado at Boulder, found that pharmaceutical ethinylestradiol (an orally active semisynthetic steroidal estrogen) made it through the Boulder Wastewater Treatment Plant and into Boulder Creek. He reported that the percentage of native male fish in Boulder Creek decreased and that numerous intersex fish were found downstream of the wastewater treatment plant. He stated “the fish are a wake-up call; our bodies and those of the much more sensitive human fetus are being exposed everyday to a variety of chemicals that are capable of altering not only our development and physiology but that of future generations as well.”

In addition, according to biologist Dr. Paul Torrence, the treated sewage effluent may also contain antibiotics such as triclosan and triclocarban which break down into bio-accumulating cancerous dioxins when exposed to high altitude sunlight. Plaintiffs involved in this ongoing lawsuit have consistently insisted that the USFS take a hard look at what might happen to the people when they come in contact with or ingest snow made from treated sewage effluent. Under the National Environmental Policy Act, the USFS is obligated to consider these types of potential impacts on the quality of the human environment.

In 2007, a three-judge panel of the Ninth Circuit Court found that the USFS failed to adequately consider the possibility of human ingestion of snow made from treated sewage effluent. In Judge William Fletcher’s opinion, he concludes that “the FEIS does not contain a reasonably thorough discussion of the risks posed by possible human ingestion of artificial snow made from treated sewage effluent, and does not articulate why such discussion is unnecessary.” While the decision of the three-judge panel was later overturned on a technicality by an en banc panel of the Ninth Circuit, issues surrounding the completeness of the FEIS were left unresolved.

# # #

IMPORTANT: We have a critical opportunity to stop Snowbowl’s attempt to desecrate the Holy San Francisco Peaks on August 30th. Please join us for a VERY IMPORTANT public meeting on August 30th at 5:30PM at Sinagua High School in Flagstaff, AZ. The Flagstaff City Council will be voting on whether or not they will amend Snowbowl’s contract to sell drinking water for snowmaking.

Sinagua High School is located at 3950 East Butler Avenue Flagstaff, AZ.

Visit www.truesnow.org for more info.

If you cannot make it to this meeting (even if you can) please TAKE ACTION NOW:

URGENT: CALL FLAGSTAFF CITY COUNCIL TODAY! (928) 779-7600

To contact members of the City Council:

To email all: council@flagstaffaz.gov

For more information about your Mayor and Councilmembers or to contact individually click on one of the names below:

Mayor Sara Presler                      spresler@flagstaffaz.gov
Vice Mayor Celia Barotz              cbarotz@flagstaffaz.gov
Councilmember Art Babbott        ababbott@flagstaffaz.gov
Councilmember Karla Brewster    kbrewster@flagstaffaz.gov
Councilmember Coral Evans        cevans@flagstaffaz.gov
Councilmember Scott Overton     soverton@flagstaffaz.gov
Councilmember Al White             awhite@flagstaffaz.gov

To make an appointment with the Mayor or a Councilmember call (928) 779-7600.

Send Letters to the Editor of the Arizona Daily Sun:

Randy Wilson

CHIMAYO, NM—For too long, the US government and corporations have sacrificed the environmental integrity, the health, and the well-being of indigenous and poor communities to secure access to resources through the threat and use of force. We cannot reverse the course of a nuclear future unless we undo the legacy of racism and violence.

This week, young people from across the country are arrived at the Disarmament Summer Encampment to spend an exciting 10 days organizing for a nuclear-free world. Think Outside the Bomb (TOTB)—the nation’s largest youth-led network working for nuclear abolition—is hosting about 150 youth who have joined together to oppose the far reaching nuclear-industrial-complex.

The encampment is the culmination of TOTB’s Disarmament Summer Campaign, which has come at a time when the nation is spending more on the nuclear complex than ever before, including budgeting seven billion dollars to modernize facilities in New Mexico, Kansas City, and Tennessee—a series of projects that would give the U.S. the capability to make new new nuclear weapons. Los Alamos National Laboratory (LANL), in Los Alamos, New Mexico, stands to play a major role in this nuclear relapse as plans are advanced to construct a new Chemical Metallurgy Research and Replacement (CMRR) facility. The CMRR facility holds potential to increase LANL’s ability to construct new plutonium pits—the core and trigger mechanism of high-powered nuclear weapons. At a time when budget crises and funding cuts are all too familiar, the nation cannot afford to continue building these incredibly costly and potentially destructive weapons.

“It’s time for our country to begin stepping toward real change, which cannot be done as long as we are throwing billions of dollars into the furnace that is the nuclear-industrial-complex,” said Jono Kinkade, TOTB media contact. “People are demanding better jobs and renewable energy, and in order to head in that direction we need to send our policy makers a sobering wake up call.”

During the encampment, participants will paint the expansive picture of the nuclear-industrial-complex through workshops, informative first-hand stories, and an ongoing discussion about why nuclearism still plagues this country and how we can put an end to it.

“We came to terms with assortment of expensive and toxic problems of nuclear weapons and nuclear power decades ago, and yet the industry is pushing like never before to take us into a nuclear relapse,” said Liz Woodruff, TOTB media contact and organizer with the Snake River Alliance in Boise, Idaho. “We can do so much better than to waste billions of dollars on a dangerous and obsolete energy source.”

Attendees of the encampment hail from all over the map—spanning from Washington State to South Carolina, as well as the Marshall Islands to right here in New Mexico. This diversity of geographical origins and the wide array of backgrounds makes Think Outside the Bomb truly unique. This rich, interwoven character creates the perfect atmosphere for resistance to the pervasive negative effects of the nuclear-industrial-complex. Uranium mining, enrichment, nuclear power, weapons, waste and haphazard disposal are all on TOTB’s map, and throughout the week we will be highlighting each one of these stages in more detail.

“This encampment is the active creation of a nuclear weapons free world” explained Steve Stormoen, a member of TOTB and a leader in the construction of the encampment. “It would be shortsighted to base our resistance only on opposition to bombs. Instead, we are focused on building a culture to combat the bomb-making mentality. A nuclear-free future is possible today, here and now, by building community, creating a space for sustainable living, and engaging in direct acts of resistance to nuclearism.”

The encampment infrastructure was built by TOTB and local allies, including students from Northern New Mexico College; residents of Santa Fe and Pojoaque; and members of TEWA Women United. After spending a few days addressing the slew of nuclear topics, participants will head into Los Alamos, NM on Friday, August 6, to commemorate the U.S. attack on Hiroshima and Nagasaki in Japan. After a rally at Ashley Pond in downtown Los Alamos, TOTB will march toward the entrance of Los Alamos National Labs.

Come join us to learn the deeper details of the nuclear complex and hear personal stories of people affected by the toxic legacy of nuclearism.

More information, visit http://www.thinkoutsidethebomb.org

Directions to the Encampment:
From Santa Fe: Take US-285 N/US-84 W for about 23 miles. After the Long John Silver’s, make a right at 76. Stay on 76 for about 7 miles until you pass the Family Dollar. Soon after the Family Dollar, take a sharp right on Country Road 102. At the end of Country Road 102, make a right (ignore the left arrow sign), and go into the 2nd driveway on the left marked 6A.

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Who we are:
Think Outside the Bomb is a cross-cultural alliance of youth working together to reignite hope from below and build a grassroots, consensus-based, nonviolent direct action movement. In partnership with the Tribal Environmental Watch Alliance, TEWA Women United, the Multicultural Alliance for a Safe Environment, Products of Atzlan youth group, and the Southwest Indigenous Uranium Forum, we are committed to collective liberation, a sustainable future, and an end to the cycle of nuclear violence.

Please spread the word. If you cannot make it to Phoenix or Flagstaff please consider organizing a vigil, rally or event in your community!
If you would like to help with outreach you can pick up posters at Taala Hooghan infoshop in Flagstaff (1700 N 2nd St. near Rt 66 and 4th St.) or you can print your own from www.truesnow.org. Volunteer support is also needed, contact phxrally@TrueSnow.org.

SAVE THE PEAKS!
July 15th – 16th, 2010
PHOENIX, AZ
Prayer Vigil • March • Rally

Arizona Snowbowl is attempting to expand development on the San Francisco Peaks and make fake snow out of treated sewage effluent on our public lands. This wastewater has been proven to contain harmful contaminants such as pharmaceuticals, hormones and cancer causing agents.

The US Forest Service has ignored public health concerns and approved this development without any tests to determine the health effects if our children eat the wastewater snow.

Snowbowl would be the only ski area in the world to use 100% wastewater to make snow. They would use 1.5 million gallons per day, storing and spraying this wastewater on a mountain that is holy to more than 13 Indigenous Nations. Read the rest of this entry »

Anti-immigration bills such as SB 1070 rest on the “securing” of the borders in order to manage the flow of migration. This securing includes and is not limited to a physical wall to be made on Indigenous land (Tohono O’odham/Lipan Apache to name a few). The state’s power to waive pre-existing laws (such as NEPA, NAGPRA) in the name of security, directly attacks Indigenous autonomy/sovereignty. The “political” solution will bring forced removal and relocation of the many Indigenous nations that span “their” borders by means of a reinforced physical barrier. In addition, the peoples who will be primarily targeted for racial profiling will be Indigenous peoples on both sides of the U.S/Mexico border. The passage of HB 2281 further contributes to the cultural genocide of Indigenous peoples by criminalizing the histories of Indigenous peoples in our own lands within the Arizona public school system. The immigration struggle is also an Indigenous struggle.

PROTEST

US Immigration Court

160 North Stone Avenue

Tucson, AZ 85701-1584

Friday, 5/21

11am – 1pm.

For those attending the NAISA conference, please gather in the lobby of Westin at 10:15am.

For more information on the protest, contact:

NAISA members: contact Mishuana Goeman, Southern California Native Feminist Group, at mishuana@gmail.com
Support the following Indigenous groups organizing against SB 1070:

O’odham Solidarity Against Borders Collective
http://oodhamsolidarity.blogspot.com/

Lipan Apache Women’s Defense http://lipanapachecommunitydefense.blogspot.com/

O’odham Voices Against the Wall,
http://www.solidarity-project.org/

Council Advocating an Indigenous Manifesto
indigenize@gmail.com

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FOR IMMEDIATE RELEASE
May 19, 2010

Indigenous and American Indian Studies Scholars Speak Out Against SB1070, Call for an Economic Boycott of Arizona

TUCSON—Indigenous and American Indian studies scholars are condemning Arizona Senate Bill 1070 and related legislation.
“Clearly, and bluntly, the state law is racist and discriminatory against so-called ‘illegal immigrants’ crossing the borders from the South, namely from Mexico,” said Simon Ortiz, a Native American studies professor at Arizona State University, in reference to SB 1070. “Many of the border crossers are Indigenous peoples who are directly affected. Without any doubt, the law is wrong-headed; it targets people who fit a certain profile.”

Indigenous and American Indian Studies scholars say that SB 1070 and the recent passage into law of HB 2281, which bans the teaching of ethnic studies in public schools, are violations of human rights. Scholars from nearly 50 universities and communities have signed a statement calling for an economic boycott of Arizona.

“As Native intellectuals, it is important that we not enable this legislative activity,” said Julia Good Fox, who signed the statement. “I’m disappointed in the Native American and Indigenous Studies Association officers because they have chosen to disregard the boycott. SB 1070 and HB 2281 are dangerous for Indian Country so I hope that Tribal governments and organizations will honor the boycott and put pressure on Arizona to overturn these laws.”

These scholars are not alone in calling for a boycott. Since the passage of SB 1070, Alpha Phi Alpha Fraternity Inc., the oldest African American Greek-lettered fraternity, has moved its July 2010 meeting out of Arizona. SACNAS, an association of Hispanic/Chicano and Native American scientists, has formally removed Phoenix from its shortlist of potential 2012 conference sites. In addition, the cities of San Francisco, Seattle, and Los Angeles have approved boycotts of Arizona until the new law is overturned.

Scholars who reside in Arizona or neighboring Tribal Lands plan to attend the “Indigenous Peoples Against SB 1070/HB228” rally scheduled for 11:00 AM – 1:00 PM, Friday, May 21, 2010 at the U.S. Immigration Court, 160 North Stone Ave., Tucson, AZ. This event is open to the public.

(Attached: “Indigenous and Native Studies Scholars of Conscience Statement.” Signatures are in the following order: Name, Institution and/or Community, and Date.)

INDIGENOUS AND NATIVE STUDIES  
SCHOLARS OF CONSCIENCE STATEMENT
We, scholars in Indigenous and Native studies, vigorously protest SB 1070, its amendment HB 2162, and HB 2281, a law that prohibits ethnic studies.  Because these Arizona laws instigate vicious attacks on the human rights of Indigenous, immigrant, and peoples of color communities, we seek to honor the economic boycott of the state of Arizona.
Name, Institution and/or Community, Date
1. Joyce Rain Anderson, Bridgewater State College, May 14, 2010
2. Dr. Elizabeth Archuleta, Arizona State University, Women & Gender Studies, May 14, 2010
3. Sonya Atalay, Indiana University Dept. of Anthropology/Anishinabe-Ojibwe, May 17, 2010
4. Laura Beebe, UC San Diego, 05/14/2010
5. Tammy Bluewolf-Kennedy, Syracuse University, Oneida Nation, Wolf Clan, Haudenosaunee Confederacy, May 14, 2010
6. Kevin Bruyneel, Associate Professor of Politics, Babson College,  May 14, 2010
7. Anne Carter Walker, PhD Candidate, Claremont School of Theology, May 14, 2010
8. Venida S. Chenault, Prairie Band Potawatomi/Kickapoo, May 14, 2010
9. Dr. Glen Coulthard (Yellowknives Dene First Nation), First Nations Studies Program and Department of Political Science, University of British Columbia, May 14, 2010
10. Jennifer Nez Denetdale, Ph.D.. Diné, Associate Professor, Northern Arizona University, May 15, 2010
11. Dr. Joanne R. DiNova, Ryerson University, Toronto, Canada, May 16, 2010
12. CJ Dosch, Syracuse University, May 14
13. Qwo-Li Driskill, Texas A&M University, May 15, 2010
14. Roxanne Dunbar-Ortiz, Professor Emeritus, Department of Ethnic Studies/Native American Studies, California State University East Bay
15. Larry Emerson, Diné  , Diné (Navajo) scholar, artist and farmer, May 14, 2010
16. Michelle Erai, Assistant Professor, Women’s Studies, University of California, Los Angeles
17. Paul GhostHorse, May 16, 2010
18. Inez GhostHorse, May 16, 2010
19. Zae GhostHorse, May 16, 2010
20. Julia Good Fox, Indigenous and American Indian Studies scholar, Pawnee Nation, 14 May 2010
21. Bryan James Gordon, MA, Joint PhD Program in Linguistics and Anthropology, University of Arizona, 5-16-10
22. Benjamin Grimshaw, Unemployed Scholar in Detroit, 5-15-201
23. Rev. Clyde E. Grubbs, Unitarian Universalist Minister, May 14, 2010
24. Suzan Shown Harjo (Cheyenne & Hodulgee Muscogee), President, The Morning Star Institute, Washington, DC, May 14, 2010
25. Mattie Harper (Anishinaabe – Bois Forte Band), UC Berkeley, May 14, 2010
26. George Hartley, Ohio University, May 14, 2010
27. Patricia Penn Hilden, Professor Emerita, Native American History/Comparative Ethnic Studies,  University of California, Berkeley, May 16, 2010
28. Dr. Robert J. Hill, University of Georgia, Institute of Native American Studies, May 16, 2010 
 
29. Lynne Horiuchi, Visiting Scholar, Institute of Governmental Studies, University of California at Berkeley May 16, 2010
30. Michelle Jacob, University of San Diego/Yakama, 5-14-10
31. Daniel Morley Johnson, University of Alberta, 14 May 2010
32. Val Natonabah Jones, University of New Mexico (NAS/BUS), 5/15/10
33. Neal Keating, Ph.D., Assistant Professor, Dept. of Anthropology, SUNY Brockport May 14, 2010
34. Penelope Kelsey, Associate Professor, English Department, University of Colorado, May 15, 2010
35. Lloyd L. Lee, Ph.D.. University of New Mexico, May 15, 2010
36. Amy Lonetree, University of California, Santa Cruz, Ho-Chunk Nation, May 14, 2010
37. Sarah Lozo, Syracuse University, May 14
38. Scott Richard Lyons, Syracuse University, May 14
39. Glenabah Martinez, Associate Professor of Education, University of New Mexico College of Education, Taos Pueblo and Navajo Nation, May 14, 2010
40. Erin McCarley, May 15, 2010
41. Lily Mendoza, Oakland  University, May 15, 2010
42. Michael Miller, Syracuse University, May 14, 2010
43. Angela Morrill, PhD Candidate, Ethnic Studies Department at UC San Diego, 5/14/2010
44. Jenell Navarro, Claremont Graduate University, May 16, 2010
45. Jose Navarro, University of Southern California, May 16, 2010
46. Lucia Orth, Indigenous and American Indian Studies scholar, May 16, 2010
47. Simon J. Ortiz, Arizona State University, May 14, 2010
48. James W. Perkinson, Intercultural Communication Studies , Oakland  University, May 15, 2010
49. Renya Ramirez, Native American Studies, UC Santa Cruz, May 16, 2010
50. Debbie Reese, Nambe Pueblo, Assistant Professor, American Indian Studies, University of Illinois
51. Michelle Richmond-Saravia, Anishinabek Nation, M’Ed. Candidate, Lakehead University, Thunder Bay, Ontario Canada, May 15, 2010
52. Kimberly Robertson (Muscogee) , University of California, Los Angeles
53. Dylan Rodríguez, Professor and Chair, Dept. of Ethnic Studies, University of California, Riverside, 5-14-10
54. Kimberly Robertson, UCLA, May 17, 2010
55. Dean Itsuji Saranillio, University of California, Riverside, May 16, 2010
56. Dr. Jeffrey P. Shepherd, University of Texas at El Paso, May 16, 2010
57. Michael W. Simpson, Citizen of the Universe, Brother to All beings, May 15, 2010
58. Andrea Smith, Media and Cultural Studies/Ethnic Studies – UC Riverside, May 14, 2010
59. Dr. Lisa Tatonetti, Associate Professor, English Department, Kansas State University, May 16, 2010
60. Daphne Taylor-García, Postdoctoral Fellow, University of California, Santa Barbara, May 15, 2010
61. Christopher B. Teuton, University of Denver, Citizen of the Cherokee Nation, 5/14/2010
62. Patricia Torres, UCLA Urban Planning PhD Student, INCITE! LA member, 5/14/2010
63. Dr. Edward Valandra, (Sicangu Lakota Oyate), Associate Professor and Chair, American Indian Studies, University of South Dakota, May 14, 2010
64. Myla Vicenti Carpio, Jicarilla Apache, Arizona State University, May 15, 2010
65. Jace Weaver, Cherokee, University of Georgia, May 14, 2010
66. Laura Adams Weaver, Department of English and Inst. of Native American Studies, University of Georgia, May 15, 2010
67. Tisa Wenger, Assistant Professor of American Religious History, Yale University Divinity School, May 17 2010
- 30 -

UPDATE: COURT DATE MOVED TO JULY 16 - Read the News Release Here.

Phoenix, AZ—At 1:30 p.m. (MST-AZ) on Monday, June 14th a U.S. District Court Judge will hear oral arguments in a lawsuit challenging the proposed use of treated sewage effluent on the San Francisco Peaks located in Northern Arizona. This case  addresses whether or not a private, for-profit business, Arizona Snowbowl Resort Limited Partnership (ASR), which operates on public land managed by the United States Forest Service (USFS), will be permitted to make fake snow using treated sewage water. The current legal challenge has forced the ski business to agree not to begin development.

The case known as The Save the Peaks Coalition, et al. v. U.S. Forest Service will be heard before Honorable Judge Mary H. Murguia. The suit asserts, among other things, that the Final Environmental Impact Statement (FEIS) prepared by the USFS ignores the possibility of human ingestion of snow made from treated sewage effluent.

According to Howard Shanker, attorney for the Save the Peaks Coalition and the other plaintiffs,
“The Forest Service failed to adequately consider the impacts of potential human ingestion of snow made from reclaimed sewer water as required by applicable law. Our government should not be approving such projects without some sort of understanding of the anticipated impacts. By approving treated sewage effluent for snow making without adequate analysis, the government essentially turns the ski area into a test facility with our children as the laboratory rats. That is unconscionable.” Mr. Shanker, a former congressional candidate in Arizona Congressional District 1, represented a number of tribes and environmental organizations in prior litigation over Snowbowl’s proposed expansion and threatened use of treated sewage effluent.

Arizona Department of Environmental Quality regulations allow A+ class treated sewer water to contain fecal matter in three out of seven daily samples (R18-11-303 2a). Moreover, studies done by Dr. Catherine Propper, Professor of Biological Sciences at Northern Arizona University, on this same treated sewer water have concluded the waste water contains pharmaceuticals, hormones, endocrine disruptors, industrial pollutants like pesticides and herbicides, and narcotics. Additionally, according to biologist Dr. Paul Torrence the treated sewage effluent may also contain antibiotics, such as triclosan and triclocarban which can break down into bio-accumulating cancerous dioxins when exposed to the high altitude sunlight of the peaks. There have also been documented cases of treated sewage released into the Colorado river that have caused numerous outbreaks of norovirus among Grand Canyon rafters. Plaintiffs involved in this ongoing  lawsuit have consistently insisted that the USFS take a hard look at what might happen to the people when they come in contact with or ingest snow made from treated sewage effluent.
Under the National Environmental Policy Act, the USFS is obligated to consider these types of potential impacts on the quality of the human environment. In 2007 a three-judge panel of the Ninth Circuit Court found that the USFS failed to adequately consider the possibility of human ingestion of snow made from treated sewage effluent. In Judge William Fletcher’s opinion, he concludes “the FEIS does not contain a reasonably thorough discussion of the risks posed by possible human ingestion of artificial snow made from treated sewage effluent, and does not articulate why such discussion is unnecessary.” The holding of the three-judge panel was later overturned on a technicality by an en banc panel of the Ninth Circuit.

Despite these public health threats and widespread public opposition to ASR’s proposed development, the City of Flagstaff maintains a contract to sell up to 180 million gallons of treated sewage to ARS. Arizona Senators John McCain and Jon Kyl have also attempted to pressure the USFS to move the plans forward. McCain even threatened to roadblock Obama appointees to the Department of Agriculture if ASR was not allowed to begin construction for snowmaking with reclaimed sewer water immediately.

“It’s disturbing to know that our elected officials care more about a single for profit business’ interests than public health, ecological integrity, and religious freedom” said Berta Benally, a plaintiff in the case and a volunteer supporter of the Save the Peaks Coalition. Berta Benally continued, “These politicians are completely disconnected from our community. Would they endanger their own children’s health by putting them at risk of being immersed in fake snow made from recycled sewage?”

Even Arizona Congresswoman (CD1) Anne Kirkpatrick’s endorsement of using subsidized taxpayer funds to divert scarce freshwater resources toward snowmaking has come under criticism from local environmental groups and Indigenous Nations.

“The City of Flagstaff is trying desperately to find a new water source based on projections that there will not be enough fresh water to sustain us by 2050. I wonder if it is smart choice for Representative Kirkpatrick to subsidize the theft of clean drinking water from our grandchildren’s mouths” said Avi Henn, Graduate Student in Environmental Sciences at NAU.

Volunteer supporters of the Save the Peaks Coalition are organizing a caravan from Northern Arizona, and rally and march at the Sandra Day O’Conner Federal Court House in Phoenix on June 14th.

“We want to build public awareness and participation in the protection of public health and ecological integrity of the Holy San Francisco Peaks” stated Alberta Nells, a volunteer supporter of the Save the Peaks Coalition. “We are working with local environmental groups, Indigenous Nations and concerned citizens to promote a unified voice for environmental justice, cultural survival and sacred sites.” The San Francisco Peaks are held holy by more than 13 Indigenous Nations from throughout the Southwestern United States.

For a full background, legal documents, photos, and further information on the Save the Peaks Coalition please visit: www.savethepeaks.org.

# # #

BLACK MESA, AZ — The Department of Interior (DOI) has denied Peabody Coal Company’s expansion operations on Black Mesa, AZ.

Peabody had been planning to combine both their Kayenta and Black Mesa mines, pump more water for transporting coal, reactivate the Black Mesa mine, and acquire a “Life of Mine” permit.
Peabody’s expansion plans were initially approved in a Final Environmental Impact Statement (FEIS) by the Bush Administration.

Environmental groups appealed the FEIS on grounds that Indigenous People’s religious freedom would be violated, there was not enough outreach to impacted communities, and that the Office of Surface Mining (OSM) violated the National Environmental Policy Act (NEPA).

Judge Robert G. Holt’s decision stated, “OSM violated NEPA by not preparing a supplemental draft EIS (Environmental Impact Statement) 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.”

The DOI judge who reviewed the case did not rule on the religious freedom violation or other claims.

Peabody, the Navajo Nation & the Hopi Tribal Council still can appeal the decision.
Peabody Coal is still operating their Kayenta mine.

Peabody Coal has been operating on Black Mesa for more than 40 years. Since 1974 more than 14,000 Dine’ have been forcibly relocated from their ancestral homelands on Black Mesa due to mining interests.

Read more here: Black Mesa Water Coalition News Release, Forgotten People: Victory for Black Mesa, Censored News, Black Mesa Indigenous Support

(Also posted at www.arizona.indymedia.org)

Stop Snowbowl! Protest Sat. Dec. 19 At Flagstaff City Hall!

When: Saturday, December 19th starting at 10AM

Where: Flagstaff City Hall on the Rt. 66 side

The struggle to protect the Holy San Francisco Peaks and community health from ski resort expansion and wastewater snowmaking continues.

Although a current lawsuit filed by the Save the Peaks Coalition and community members has halted the ski business’ efforts to make sewage snow, community support is still needed.

In the face of political pressure from the State of Arizona’s Congressional Delegation, (more) the US Forest Service approved a component of the ski area’s proposed development that is not associated with snowmaking. 

Regardless of the approval Snowbowl cannot currently expand due to the lawsuit.

While it is unclear as to how long the court case will stop Snowbowl from expanding and making sewer water snow, in the context of the legal battle the Obama administration is doing everything in their power to put wastewater snow on the holy San Francisco Peaks. 

When the Arizona Snowbowl Ski Resort opened on Thursday, a small group of protesters held signs and banners to ensure that skiers were aware of public health threats and the desecration of the sacred mountain.

Arizona Snowbowl employees called the Forest Service and County Sheriffs in an attempt to have the protesters and others with them arrested for “trespassing” on public lands. No charges were made.

You can join us in our stand for the protection of sacred places and community health.

PROTEST SNOWBOWL!

When: Saturday, December 19th starting at 10AM

Where: Flagstaff City Hall on the Rt. 66 side

If you can’t join us please visit www.savethepeaks.org for more information on what you can do to help stop Snowbowl and protect sacred places!

You can contact Congress and urge them to convene immediate hearings on the protection of Sacred Places.

Contact info is included below. 

Klee Benally

indigenousaction@gmail.com

Online database of current US Congress contacts: http://www.visi.com/juan/congress/

Ann Kirkpatrick, Arizona (D)

1123 Longworth HOB, Washington, D.C. 20515
Phone: (202) 225-2315 Fax: (202) 226-9739
https://forms.house.gov/kirkpatrick/dc-contact-form.shtml

Flagstaff Office

1515 East Cedar Avenue, A6, Flagstaff, AZ 86004

Phone: (928) 226-6914  Fax: (928) 226-2876

John Kyle, Arizona (R)

730 Hart Senate Building, Washington, D.C. 20510

Phone: (202) 224-4521 Fax: (202) 224-2207

http://kyl.senate.gov/contact.cfm

John McCain, Arizona (R)

241 Russell Senate Office Building
, Washington, D.C. 20510-0303
  Phone: 202-224-2235  
Fax: 202-228-2862

http://mccain.senate.gov/index.cfm?fuseaction=Contact.Home

John Conyers, Jr., Michigan, (D)
House Committee on the Judiciary, Chair

2426 Rayburn House Office Building,
Washington, DC 20515
Phone: 202-225-5126
  Fax: 202-225-0072

Email: john.conyers@mail.house.gov

NOTE: On July 11, 2008, more than 1,000 Native rights and environmental justice advocates arrived in Washington, DC after walking across the US to raise awareness about key issues affecting Native peoples and the environment. The successful journey, known as the Longest Walk 2, delivered a 30-page manifesto and list of demands to Congress, which included the protection of sacred places.

House Judiciary Chair, US Representative John Conyers (D-MI) promised representatives from the Longest Walk 2 that their issues would be addressed but set no timetable. “The Committee on the Judiciary will hold hearings on each one of these items that you have outlined here,” stated Rep. Conyers.

To read the Longest Walk resolutions go to: www.longestwalk.org

Two years ago community members and an Indigenous youth empowerment media collective called “Outta Your Backpack Media” (OYBM) came together with a vision to establish a space that cultivates active resistance to capitalism, environmental & social injustices in and around our community of Flagstaff. Since then Taala Hooghan infoshop has hosted all ages shows, film screenings of hard to find political movies, the Free Free Market, silkscreening, D.I.Y. art skill shares, and provided meeting and event space for other organizations. OYBM has worked with more than 300 youth and produced dozens of short films at free youth workshops, some of which have been screened nationally and internationally at film festivals. Read the rest of this entry »

This is a response to news releases sent out by Navajo Nation President Joe Shirley & the Hopi Tribal Council.
Read the news and releases below this statement.

(Friday, October 2nd, 2009) Window Rock, AZ — In a recent proclamation the President of the Navajo Nation, Joe Shirley Jr., sided with the Hopi Tribal Council in an attack on democratic rights of the Dine’ people to protect their environment and health of their communities.

Shirley stated that “Local and national environmental groups [are] unwelcome” on reservation lands.

Read the rest of this entry »

FOR  IMMEDIATE RELEASE 
September 25, 2009  | Contact: Elouise Brown, Dooda (NO) Desert Rock Committee President – www.doodadesertrock.com

DOODA (NO) DESERT ROCK RELIEF AT US EPA  ENVIRONMENTAL 
APPEALS  BOARD  PSD PERMIT DECISION  

“We are relieved to hear that the US EPA Environmental Appeals Board finally granted the agency’s request to take back the clean air permit for the failed Desert Rock Power Plant.   It confirms our position that the initial permit grant was ill-considered and premature,” said Elouise Brown, President of Dooda Desert Rock.  The organization, a grassroots Navajo effort to block a third coal-fired power plant in the Four Corners area, continues to resist and have a very active encampment for almost three years.  Read the rest of this entry »