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 on: April 07, 2010, 02:10:52 AM 
Started by manyhands - Last post by manyhands
Here's another press release about the snag in Peabody's expansion plans.
Peabody Coal’s Permit for Black Mesa Mining Complex Rejected
Black Mesa Trust Press Release
Jan. 8, 2009
For more information, contact Vernon Masayesva, 928/255-2356
Peabody Coal’s Permit for Black Mesa Mining Complex Rejected
A new day for Native peoples
“A great new day is dawning for the Hopi and all Native peoples in this country,” said Vernon Masayesva, executive director of the grCabooseroots organization Black Mesa Trust, in response to the news that an Office of Surface Mining administrative law judge has rejected the permit issued by OSM for the Black Mesa Complex that would have allowed Peabody Coal to continue mining-as-usual at the Black Mesa and Kayenta Mines on Hopi and Navajo lands in northern Arizona.
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,” said Masayesva. “They have taken prompt and appropriate action to begin to undo centuries of federal decision-making disrespectful of Indians and their rightful place in this nation. We look forward to a productive and amicable working relationship with Joe Pizarchik, the Office of Surface Mining and Reclamation Enforcement’s new director.”
Administrative Law Judge Robert G. Holt wrote in his Jan. 5 order: “I have decided to grant Nutumya’s NEPA Motion [submitted by Kendall Nutumya et al. asking that the permit be rejected] because it demonstrates that OSM violated NEPA [the National Environmental Protection Act] by not preparing a supplemental draft environmental statement (EIS) when Peabody changed the proposed action. As a result the Final EIS did not consider a reasonable range of alternatives, described the wrong affected environmental baseline, and did not achieve the informed decision-making and meaningful public comment required by NEPA. Because the Final EIS does not satisfy NEPA, the decision must be vacated and remanded to OSM for further action.”
That the Hopi people did not have an adequate opportunity to comment during the EIS process has long been an issue in the Hopi villages.  Last year Victor Masayesva, Jr., circulated a petition in the Village of Hotevilla asking OSM to cancel the environmental impact statement on just those grounds. The petition, bearing 117 signatures, was delivered to OSM in Denver , Colo. , in Dec. 2008.
In 2004, Peabody submitted to OSM a mining application that would have combined the Black Mesa and Kayenta Mines, which have been in operation since the early 1970s, into one mining operation under one permit, rebuilt the coal slurry pipeline that carried water from the Black Mesa Mine to the Mohave Generating Station in Laughlin, Nev., and built a new water-supply system to supply the mine. This last point was the critical one for Black Mesa Trust because Peabody had been using 4,400 acre feet a year of pristine drinking water pumped from the N-aquifer for the coal slurry pipeline and its other mining operations on Black Mesa . Black Mesa Trust was founded in 1999 to stop Peabody ’s use of N-aquifer water, the birthright of the Hopi and Navajo living on Black Mesa . Incontrovertible evidence showed that Peabody ’s pumping of the aquifer was not only wasting sole source drinking water but also destroying the aquifer itself.
OSM performed an EIS for the Peabody permit application and issued a draft that identified a preferred alternative that approved the application and construction projects. But after the draft EIS was published and before a final EIS was issued, Peabody changed its permit application, deleting the development of a new water system for the mining operation, as well as several other components of the original plan. OSM announced that in response to Peabody’s revised application, it had chosen Alternative B, rather than Alternative A, as the preferred alternative. OSM reopened the comment period on the draft EIS, but did not conduct additional scoping meetings or change the topics that the EIS would analyze, even though Peabody had radically modified its application.
OSM selected Alternative B, and approved Peabody ’s application, issuing a its decision in December 2008.
The Administrative Law Judge found that Peabody’s revision of its application contained substantial changes related to environmental concerns and that OSM should at least have prepared a supplemental draft EIS. “At a minimum, the new proposed action would change the impacts on water resources, soils, vegetation, wildlife, and cultural resources,” wrote the judge, adding, “Because the change was so substantial, OSM may also have considered whether to terminate the NEPA compliance process on Peabody ’s original application and start anew on Peabody ’s latest revised application.” [Italics added.]
Sean Gnant, one of the people who prepared the legal work that led to this decision, pointed out that the judge’s order does not stop mining on Black Mesa . It does probably mean that OSM will have to prepare a new EIS, at which point the Hopi people could ask — during the scoping process — that OSM include an alternative that would put require Peabody to replace the water that it has pumped from the N-aquifer.
Sean Hecht, director of UCLA’s Frank G. Wells Environmental Law Clinic, and his students did extensive work on the Nutumya motion in collaboration with Gnant and Nuvamsa. “Every year our students work on a variety of issues,” said Hecht, and I jumped at the chance to have them take on this effort. It was a significant legal issue, the work was challenging for the students, the clients were compelling, and I knew we could do a good job on it. The students really put their hearts into it.” Hecht said he would be happy to continue to work with the Hopi people if Peabody or OSM appealed the ruling to a higher administrative level or took it to court.
The legal work was prepared by David Abney, Sean Gnant, and students at the UCLA Frank G. Wells Environmental Law Clinic under the direction of Sean B. Hecht. Additional motions on behalf of the Hopi people were prepared by Californians for Renewable Energy’s Michael Boyd and Martin Homec. Verrin Kewenvoyouma, Esq., Victor Masayesva, Jr., Black Mesa Water Coalition, and the Navajo groups The Forgotten People and the Coal Mine, Leupp, and Tonalea Chapters of the Navajo Nation were involved in this effort. The Black Mesa Trust Board of Directors offers its sincere gratitude to these people and groups and to everyone whose prayers and good thoughts have brought us to this day.
This entry was posted on Monday, January 18th, 2010 at 12:08 am and is filed under Breaking News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

 on: March 24, 2010, 12:01:50 AM 
Started by manyhands - Last post by manyhands
Due to the income from the silent auction and other fundraising events coming in at about  1/3 from last years efforts, we will postpone the Service learning trip until June...


 on: March 23, 2010, 11:07:18 PM 
Started by manyhands - Last post by manyhands
Due to inappropriate spammers, we will need to add members through invitations and by admin approval...

thanks and sorry for the inconvenience.

 on: March 20, 2010, 11:22:01 PM 
Started by harryridgwa - Last post by manyhands
This is ManyHands , how can I help?

 on: March 20, 2010, 07:02:59 PM 
Started by harryridgwa - Last post by harryridgwa
I need help

 on: October 15, 2009, 05:16:37 PM 
Started by manyhands - Last post by sierra rose
wow. that is amazing, you are truly a gifted writer and soul Manyhands! Smiley just reading that poem put many things in my life into perspective. wow.
     i love you, i hope to see more of your work on here. Grin

 on: September 30, 2009, 04:58:23 PM 
Started by manyhands - Last post by manyhands
The Invitation

It doesn’t interest me what you do for a living.
I want to know what you ache for
and if you dare to dream of meeting your heart’s

It doesn’t interest me how old you are.
I want to know if you will risk looking like a fool
for love
for your dream
for the adventure of being alive.

It doesn’t interest me what planets are squaring your
I want to know if you have touched the center of your
own sorrow
if you have been opened by life’s betrayals
or have become shriveled and closed
from fear of further pain.

I want to know if you can sit with pain
mine or your own
without moving to hide it
or fade it
or fix it.

I want to know if you can be with joy
mine or your own
if you can dance with wildness
and let the ecstasy fill you to the tips of your
fingers and toes
without cautioning us
to be careful
to be realistic
to remember the limitations of being human.

It doesn’t interest me if the story you are telling me
is true.
I want to know if you can
disappoint another
to be true to yourself.
If you can bear the accusation of betrayal
and not betray your own soul.
If you can be faithless
and therefore trustworthy.

I want to know if you can see Beauty
even when it is not pretty
every day.
And if you can source your own life
from its presence.

I want to know if you can live with failure
yours and mine
and still stand at the edge of the lake
and shout to the silver of the full moon,

It doesn’t interest me
to know where you live or how much money you have.
I want to know if you can get up
after the night of grief and despair
weary and bruised to the bone
and do what needs to be done
to feed the children.

It doesn’t interest me who you know
or how you came to be here.
I want to know if you will stand
in the center of the fire
with me
and not shrink back.

It doesn’t interest me where or what or with whom
you have studied.
I want to know what sustains you
from the inside
when all else falls away.

I want to know if you can be alone
with yourself
and if you truly like the company you keep
in the empty moments.

 on: September 30, 2009, 04:55:28 PM 
Started by manyhands - Last post by manyhands
"We do not walk alone. Great Being walks beside us. Know this and be grateful."
--Polingaysi Q“yawayma, HOPI
Many religions have different names for these Beings. Some are called angels, some are called spirits. These Spirit Beings are helpers. They guide us, protect us and will help us during our times of need. Sometimes they give us dreams. We need not be afraid when these Spirit Helpers come. We need to understand they are the Creator's helpers.

"The way of knowledge.is like our old way of hunting. You begin with a mere trail -- a footprint. If you follow that faithfully, it may lead you to a clearer train-a track- a road. Later on there will be many tracks, crossing and diverging one from the other. Then you must be careful, for success lies in the choice of the right road."
--Many Lightenings Eastman, SANTEE SIOUX
An entire apple tree is initially contained in the seed. Visions are initially contained in the idea. If you trace the path of a blooming flower backwards, it goes from the blooming flower back to a bud, back to a stem, back to a seed. So it is in the way of knowledge. Often we will experience a hunch or a feeling that we are supposed to do something. At first it may not make any sense. This is the seed stage. Once we start to investigate, more gets revealed. As more is revealed, the more knowledge we get. This is the way the Great Spirit guides us.

Great Spirit, help me to choose the right choices.
"Our religion seems foolish to you, but so does yours to me. The Baptists and Methodists and Presbyterians and the Catholics all have a different God. Why cannot we have one of our own?"
The Creator gave each culture a path to God. To the Indian people, he revealed that the Creator is in everything. Everything is alive with the Spirit of God. The water is alive. The trees are alive. The woods are alive. The mountains are alive. The wind is alive. The Great Spirit's breath is in everything and that's why it's alive. All of nature is our church, we eat with our families in church, we go to sleep in church.

My Creator, let us leave people to worship You in the way You have taught them.

 on: September 30, 2009, 04:51:19 PM 
Started by manyhands - Last post by manyhands
Ralph Waldo Emerson:
We as for long life, but 'tis deep life, or noble moments that signify. Let the measure of time be spiritual, not mechanical

Ramona L. Anderson:
People spend a lifetime searching for happiness; looking for peace. They chase idle dreams, addictions, religions, even other people, hoping to fill the emptiness that plagues them. The irony is the only place they ever needed to search was within.

 on: September 30, 2009, 04:50:11 PM 
Started by manyhands - Last post by manyhands
"Many religions have been brought to this land. And the way my religion is, they teach me, and they taught me, and told me to resect all religions. And I still do that."
--Horace Axtell, NEZ PERCE
The Creator put on this Earth many different religions which represent different roads to walk to God. All religions are right and good if the path is the path to God. Should we be judging which road is better or worse than the other? When we accept each other's way we can stand in a circle, hold hands and listen to each other as we pray to God. Let us be more accepting of the religions of others.

Great Spirit - God, Grandfather, Grandmother, Lord - let me know peace.

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