And now:Ish <[EMAIL PROTECTED]> writes:

From: [EMAIL PROTECTED]

Source:
<A HREF="http://www.desnews.com/dn/print/1%2C1442%2C70001074%2C00.html?+">

http://www.desnews.com/dn/print/1,1442,70001074,00.html?
========================================================
March 11, 1999

No N-waste, Goshutes say

25 join suit to have lease declared void

By Joe Costanzo
Deseret News staff writer

More than half of the Goshutes living on the Skull Valley Reservation have
joined in a lawsuit to have the tribe's lease with a nuclear waste storage
firm declared null and void.

Filed Wednesday in U.S. District Court in Salt Lake City, the lawsuit charges
that the Department of Interior, Bureau of Indian Affairs and Private Fuel
Storage didn't follow the law or consider environmental factors when they
approved and executed the lease.

According to the lawsuit, the Bureau of Indian Affairs approved the 25-year
lease just three days after it was signed in May 1997 even though it was aware
of improprieties, "including indications of conflict of interest, lack of
authority and/or unlawful acts."

The tribal leaders who signed the documents "acted without authority" because
it was never approved by the Tribal General Council, the lawsuit said. Most of
the council members have never even seen a copy of the lease, it added.

The lawsuit was filed as a "private attorney general action" in which the
plaintiffs sue as parties in interest under the name of the United States of
America. The plaintiffs include 25 tribal members � including 15 of the 25
people who actually live on the Skull Valley reservation � and the
Confederated Tribes of the Goshute Reservation.

The Confederated Tribes has about 450 members and is based about 65 miles west
of the Skull Valley reservation.

Attorney Duncan F. Steadman said his clients include tribal members and
leaders who are "absolutely opposed" to the embattled project as well as
members who are undecided but who want more information.

When concerned tribal members demanded to see a copy of the lease under the
Freedom of Information Act, they were given an edited copy "with virtually
every bit of essential information eliminated," Steadman said.

The plaintiffs contend that the lease is not a legal document because it was
executed without following all the legally required steps, including
environmental impact studies and the "careful involvement" of the Department
of the Interior.

"Void means it was never there," Steadman said. "It's our position that there
was never a lease."

Private Fuel Storage, a consortium of utility companies, has been working with
members of the Goshute Tribe for several years to overcome a growing number of
obstacles to the controversial project. Most recently, the Utah Legislature
approved a bill transferring control of the roads around the reservation from
the county to the state, effectively creating a "moat" around the proposed
nuclear waste storage site.

Gov. Mike Leavitt has been one of the fiercest opponents of the project,
saying he doesn't want Utah to become the nuclear dumping ground for the rest
of the nation.


The federal lawsuit bolsters the growing opposition to the project by adding
the voices of a significant number of the Goshutes themselves. It could also
drag the issue through the federal courts for years.

The lawsuit said the lease will "directly involve, or effectively impair, the
use of approximately one half of the reservation's easily accessible and
commercially useful land area and have an enormous effect on the (plaintiffs)
as well as other members of the tribe, its members and the residents of its
reservation."

    =====================================================

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