And now:Ish <[EMAIL PROTECTED]> writes: Message-ID: <[EMAIL PROTECTED]> Date: Thu, 15 Apr 1999 09:13:14 -0700 From: Tom Schlosser <[EMAIL PROTECTED]> Organization: Morisset Schlosser Ayer & Jozwial, 801 2d Ave., Suite 1115, Seattle, WA 98104 tel 206 386 5300, fax 206 386 7322 X-Mailer: Mozilla 4.05 [en] (Win95; I) MIME-Version: 1.0 To: Triballaw mailing list <[EMAIL PROTECTED]> Subject: BIA lease review won't include role for Utah Content-Type: multipart/mixed; boundary="------------5107F77B87873679B64DF380" http://www.sltrib.com:80/1999/apr/04131999/utah/97613.htm Content-Type: text/plain; charset=iso-8859-1; name="goshute.txt" Content-Disposition: inline; filename="goshute.txt" X-MIME-Autoconverted: from 8bit to quoted-printable by cambridge1-smrly1.gtei.net id AAA14985 Judge Won't Let Utah Review Goshute Lease for N-Dump BY JIM WOOLF [imageField] THE SALT LAKE TRIBUNE Utah will not participate in the federal review of a lease the Skull Valley Band of Goshutes signed with a private company proposing to store high-level radioactive waste on their land, a federal judge has ruled. But U.S. District Court Judge Dale A. Kimball said he wants to hear more arguments before ruling on the state's request to make public the terms of that lease between the tribe and Private Fuel Storage (PFS) -- a consortium of eight electric utilities with nuclear-power plants. Copies of the lease obtained under the Freedom of Information Act have the amount the tribe will be paid blacked out. Federal officials claim this is private business information exempt from public release. Kimball also agreed to combine the state's lawsuit with a similar suit filed by another group of Goshutes angry about their leaders' decision to lease land for the storage of such dangerous material. The dissident Goshutes also want to know how much the tribe is being paid by PFS. Philip C. Pugsley, an attorney for the state, said he "disagrees strongly" with Kimball's decision to prevent Utah from participating in the review of the Goshute lease. "We'll probably appeal that in due course." Utah Gov. Mike Leavitt has been outspoken in his opposition to the storage facility, throwing as many obstacles as state officials can dream up. Participation in the federal lease review would give state officials another forum to voice their concerns. Although the lease was signed by the Skull Valley Band of Goshutes and PFS, it must be approved by the U.S. Bureau of Indian Affairs. That agency has given its preliminary approval to the lease. But final approval will be conditional on the completion of an environmental impact statement and a decision by the U.S. Nuclear Regulatory Commission that the waste can be handled safely at the site. In arguments before the court, attorneys for the state said they wanted to be involved when the Bureau of Indian Affairs makes its final decision on the lease. They want the agency to be very careful and demanding in its review. But federal attorneys said Utahns can voice their concerns during the environmental review and the safety study. If they don't like the results, the decision can be challenged in court. They said it would be unfair to let state officials sit with federal regulators when they make the final lease decision. Kimball, in a decision issued Friday, agreed with the federal attorneys and excluded the state from these deliberations. ------------------------------------------------------------------------ © Copyright 1999, The Salt Lake Tribune &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
