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.