And now:Ish <[EMAIL PROTECTED]> writes:
Date: Tue, 23 Mar 1999 15:39:34 -0600
From: Wolf Watershed Educational Project <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
X-Mailer: Mozilla 2.0 (Macintosh; U; PPC)
MIME-Version: 1.0
To: wisc-eco <[EMAIL PROTECTED]>
Subject: Environmentalists demand Wisconsin drop tribal water suit
Content-Type: text/plain; charset=us-ascii
Content-Transfer-Encoding: 7bit
***FOR IMMEDIATE RELEASE***
CONTACT: Dave Anderson (715) 478-5179
[EMAIL PROTECTED] ;
Timothy Tynan (608) 245-1525 /
(608) 246-3340 x.13 [EMAIL PROTECTED] ;
Zoltan Grossman (608) 246-2256 [EMAIL PROTECTED] ;
Dave Blouin (608) 233-8455 [EMAIL PROTECTED] ;
Al Gedicks (608) 784-4399 [EMAIL PROTECTED]
ENVIRONMENTALISTS DEMAND THAT
WISCONSIN DROP MOLE LAKE WATER SUIT
In a March 24 letter to Wisconsin Attorney General
James E. Doyle, 28 Wisconsin groups and
280 individuals demanded that the State drop a lawsuit
against the U.S. Environmental Protection Agency (EPA),
for the agency's recognition of enhanced federal water
protection codes by the Sokaogon Chippewa Community
at Mole Lake (see below).
In 1995, the EPA granted Mole Lake "Treatment-As-State"
(TAS) status under the federal Clean Water Act, enabling
the tribe to strengthen protection of its reservation waters.
The Mole Lake Reservation is adjacent to the proposed
Crandon zinc-copper mine site in Forest County, and tribal
members have expressed fears that their wild rice beds and
drinking water would be affected by sulfide contamination
and groundwater reductions from the underground mine.
The letter marked the 10th anniversary of the Exxon Valdez
oil spill, which brought the company that initiated the Crandon
mine proposal under heavy environmental criticism; its former
partner Rio Algom, Ltd. now manages the project, though Exxon
would still share in the financial proceeds from the mine if it
went forward.
The letter was initiated by the Wolf Watershed Educational Project,
an alliance of environmentalists, sportfishing groups, Native
American nations, local residents, unionists, and students
opposed to the Crandon mine plans. It states that the
lawsuit "singles out" Mole Lake from other TAS-status tribes,
because the status could potentially affect the mine. It concludes
that preventing a Native American community from protecting its
natural and cultural treasures "fits the criteria of environmental
racism." Timothy Tynan of the Wolf Watershed Educational
Project and Mining Impact Coalition added that "dropping the
suit would be an act of environmental justice."
Dave Anderson, a water consultant to Mole Lake and an author
of the tribe's strengthened water standards, said, "It is time
for the State of Wisconsin to realize that using tax dollars to
sue over the rights of Native American people is wrong and
should end. The Attorney General's office should not be used
to further the interests of private mining companies."
Anderson added, "The Department of Natural Resources and
Attorney General must recognize the inherent rights of Native
peoples to protect their natural resources. If the DNR does
not agree that the tribe has sovereign authority to protect
resources on its own reservation, then it should at least
adopt water quality standards stringent enough to protect
the wild rice beds of the Sokaogon Chippewa."
The letter was signed by 28 Wisconsin groups, including the
Wolf Watershed Educational Project, Midwest Treaty Network,
Mining Impact Coalition, Wisconsin Resources Protection
Council, Great Lakes Regional Indigenous Environmental
Network, EarthWINS, and Wisconsin's Environmental Decade.
They were joined by environmental groups in Ashland, Hayward,
Minocqua, Green Bay, Sturgeon Bay, Shawano, White Lake,
Washburn, Oshkosh, Stevens Point, Superior, and elsewhere
around the state (see list below).
The letter was passed as a resolution by the town board of Nashville,
which covers half the proposed mine site and includes Mole Lake,
and by the town board of Ainsworth, which lies in Langlade County
immediately south of the mine site. A similar petition was signed
by 280 individuals from 86 Wisconsin communities, nearly all in the
northern part of the state. The letter was also signed by 13 groups
outside Wisconsin, including indigenous rights support groups
from Austria and Belgium.
-30-
*****************************************
March 24, 1999
Attorney General James E. Doyle
Room 114 East
State Capitol
Madison, WI 53702
Dear Attorney General Doyle,
We support the attempts by Wisconsin Indian tribes
to obtain and maintain Treatment-As-State (TAS)
environmental standards, and further respect the
authority granted by Congress to the EPA to recognize
TAS status. We insist that agreements entered into
by Wisconsin officials and tribes never undermine
the legal authority of tribal governments to protect
the health and well-being of their respective
tribal members or tribal lands, waters, or air. We
respectfully request you to drop all current state
lawsuits against the U.S. Environmental Protection
Agency (EPA) with respect to already granted TAS
status, and refrain from future lawsuits which
attempt to undermine the sovereignty of Wisconsin's
Native American nations.
Congress has acted under federal environmental
statutes to authorize the EPA to delegate to Indian
tribes specific enforcement and regulatory authority
to the same or a similar degree as is delegated by the
EPA to the states.
The Clean Water Act sets the standards governing the
water quality that must be maintained or achieved in
rivers and other navigable waters, and requires
dischargers into these waters to obtain permits
imposing maximum levels of allowable pollutants.
In 1987, Congress amended the Act and authorized
the EPA to delegate to a qualifying tribe regulatory
authority to set water quality standards under
Section 303, to grant permits for dredging and
filling under Section 404, and grant discharge permits
under the National Pollutant Discharge Elimination
System. In 1986, Congress had similarly amended the
Safe Water Drinking Act to allow the EPA to to delegate
to a tribe primary enforcement authority over
underground injection well regulation or other
program enforcement.
The Clean Air Act is the principal federal statute
regulating emissions into the nation's air, and
functions primarily by requiring sources of air
pollutants to obtain new source or operating permits.
In 1990, Congress amended the Act to authorize the
EPA Administrator to treat tribes as states whenever
tribes are capable of carrying out those functions.
Many of Wisconsin's 11 federally recognized tribes
are seeking or have obtained TAS status from the EPA,
in an attempt to protect their reservation waters or
air from polluting industries such as mines, coal-
burning power plants, and paper mills. Yet state
agencies and officials appear to prefer economic
interests over the human and sovereign rights of
indigenous peoples, their traditional means of
subsistence, their right to development, and their
sacred relationship with the land, water, and air.
We ask you, Governor Tommy Thompson, and
Department of Natural Resources Secretary George
Meyer to stop blocking attempts by Wisconsin tribes
to obtain or maintain TAS status. We oppose any
pressure on the tribes to give up their pursuit of
TAS status in return for gaming rights. We feel
that you are wrongly representing Wisconsin
citizens by vowing to sue the EPA when any tribe
successfully achieves TAS status, and by claiming
that only the state government has sovereign
authority over the air and navigable waters of
Indian reservations.
We particularly oppose your lawsuit against EPA
for granting TAS status in 1995 to the Mole Lake
Sokaogon Chippewa Community. The tribe is
attempting to protect its drinking water and
wild rice beds from the potential threat of acid
mine drainage and groundwater drawdown. We
feel that the lawsuit represents only the interests
of the Rio Algom mining company in opening its
proposed Crandon mine adjacent to the reservation.
The State of Wisconsin is attempting to prevent
one of its own communities from protecting its
clean water and cultural resources. The tribe's
wild rice beds are the mainstay of its ancient
cultural heritage, and should be a treasure
for all citizens of the state. Your legal action
singles out a small tribe that is at potential
risk from water contamination, and in doing so
fits the criteria of environmental racism.
We strongly feel that Wisconsin should initiate
a respectful government-to-government
relationship with tribes to protect our
common resources. In the 21st century,
we should not be repeating the cultural
genocide of the 19th century.
Sincerely,
Amik Sisters, Milwaukee
Anishinaabe Niijii, Hayward
Chequamegon Audubon Society, Ashland
Citizens for Safe Water Around Badger, Merrimac
Clean Water Action Council, Green Bay
Door County Environmental Council, Sturgeon Bay
EarthWINS Network, Shawano
Environmental Studies Student Association, Madison
Environmentally Concerned Citizens of Lakeland Areas
(ECCOLA), Minocqua
Great Lakes Regional Indigenous Environmental Network
Green Onion Resource Center, Washburn
Lake Superior Greens, Superior
Madison Treaty Rights Support Group, Madison
Midwest Treaty Network, Statewide
Mining Impact Coalition of Wisconsin, Statewide
Progressive Action Coalition, Stevens Point
Protect Our Wolf River (POW'R), Shawano
Student Environmental Action Coalition, Oshkosh
Town of Ainsworth, Langlade County
Town of Nashville, Forest County
University of Wisconsin Greens, Madison
Watershed Alliance To End Environmental Racism,
Springbrook
Wisconsin Greens, Statewide
Wisconsin Indian Educational Association,
Indian Mascot and Logo Taskforce, Mosinee
Wisconsin Resources Protection Council, Statewide
Wisconsin's Environmental Decade, Madison
Wolf Watershed Educational Project, Statewide
Wolf River Watershed Alliance, White Lake
Association Working Against Keweenaw Exploitation
(AWAKE), Mohawk MI
Bastrop County Environmental Network, Bastrop TX
Bison Land Resource Center, Brookings SD
Boalt Hall Environmental Law Society, Berkeley CA
Dark Night Notes, Chicago IL
Earth First!, Eugene OR
Indigenous Support Coalition of Oregon, Eugene OR
KOLA International Campaign Office, Brussels, Belgium
Native Ecology Initiative, Brookline Village MA
North American Water Office, Lake Elmo, MN
People's Alliance, Berkeley CA
Society for Endangered Peoples, Vienna, Austria
Women in Black Berkeley, Berkeley CA
******************************************
WOLF WATERSHED EDUCATION PROJECT
731 State Street, Madison, WI 53703 USA;
Tel./Fax (608) 246-2256
Toll-free Hotline: (800) 445-8615;
E-mail: [EMAIL PROTECTED]
Web: http://www.alphacdc.com/treaty/wwep.html
&&&&&&&&&&&&&&&&&&&&&&&&&&
Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
&&&&&&&&&&&&&&&&&&&&&&&&&&
