Subject: FW: Southwest Biodiversity Alert #10

Subject: Southwest Biodiversity Alert #10

NOTICE our new email address. the old one still works.

*** Southwest Biodiversity Alert #10 ***

KAYENTA MINE PERMIT RENEWAL APPLICATION DENIED!

The Dineh Alliance (602-268-6110), a coalition of people from the Navajo
Reservation, scored a victory in their struggle to clean up Peabody
Coal Company's activities on their Reservation, in the area called
Big Mountain.

An appeal was made to the US Department of Interior against the
Office of Surface Mining, Reclamation and Enforcement, and Peabody
Western Coal Company, by the Dineh Alliance and Maxine Kescoli,
against the issuance of a permit to continue coal mining on Black
Mesa.

The Administrative Law Judge determined that:

        Kescoli and other petitioners are "surface owners" and thus need to
be consulted in the permitting process;         

        Applications for surface mining permit renewals are not
"categorically excluded" from NEPA...; and

        Peabody's mining activities have violated Surface Mining Control
and Reclamation Act of 1977 (violations sited are mining over of 4
sites containing 11 human burials, black grit in water supply, coal
dust contamination to water, sheep killed from drinking the water,
other liverstock is dying from contaminated water, blasting damage
to petitioners, air pollution has caused health detriment to
petitioners and their livestock, etc...);

Office of Surface Mining had many violations as well:

        Failure to conduct supplimental NEPA review for renewal;

        Failed to review current information;

        Failed to protect prehistoric burials; and

        Failed to determine if Peabody was in compliance with current
permit; etc...


Safford BLM Law Suit

The Safford BLM District has finally initiated consultation under the
ESA for its grazing allotments in Southeastern Arizona, as we have
requested.

We are currently continuing our suit for an injunction on grazing
in the district to protect Endangered Species until consultation is
complete. We are also continuing our claims of "take" of Endangered
Species under the ESA.