And now:Ish <[EMAIL PROTECTED]> writes: >Date: Mon, 01 Feb 1999 15:04:23 -0600 >From: Midwest Treaty Network <[EMAIL PROTECTED]> >Reply-To: [EMAIL PROTECTED] >X-Mailer: Mozilla 2.0 (Macintosh; U; PPC) >To: wisc-eco <[EMAIL PROTECTED]> >Subject: ACTION ALERT! Wisconsin reservation & township battling mine suits > >!!!!!!!!!!!!!!!!! ACTION ALERT !!!!!!!!!!!!!!!!! > >*******Post and distribute widely******* >Please distribute to groups without e-mail > > From the Midwest Treaty Network, > Wolf Watershed Educational Project, > Mining Impact Coalition of Wisconsin, > Wisconsin Resources Protection Council, > and EarthWINS Network > >Your support is needed NOW in critical legal cases >involving two northern Wisconsin communities >resisting Rio Algom's proposed Crandon metallic >sulfide mine. The mine would be located partly >within the Town of Nashville in Forest County >(about 100 miles northwest of Green Bay), which >includes the Mole Lake Sokaogon Chippewa >Reservation. > >Nashville and Mole Lake residents are concerned >about the future of their drinking water and wild >rice beds, if the shaft mine releases sulfuric >acid wastes or reduces the groundwater table. >(For background and maps on the Crandon mine, see >http://www.alphacdc.com/treaty/content.html , >including the state Mining Moratorium law at >http://www.alphacdc.com/treaty/minelaw.html ) > >*NASHVILLE voters in 1997 ousted their pro-mine >town board after it made a Local Agreement with >the mining company, and voted in a new town >board that voted to rescind the Agreement. The new >board has gone to court to prove that the Agreement >had been reached illegally, in violation of open- >meetings laws, and the company is expected to >sue the town in return. In a positive example of >interethnic cooperation, the Nashville board has >been working closely with the Mole Lake Chippewa-- >both to protect their common land and to secure >more appropriate economic development. (See >http://www.alphacdc.com/treaty/nash-twn.html ) > >*THE MOLE LAKE CHIPPEWA in 1995 secured >enhanced regulatory authority to protect their >reservation's water quality under the federal Clean >Water Act. The U.S. Environmental Protection Agency >(EPA) granted the tribe "Treatment-As-State" (TAS) >status, which gives the tribe to set its own water >quality standards and grant certain permits--powers >previously afforded only to states. Now, Wisconsin >Attorney General James E. Doyle is suing the EPA >to rescind Mole Lake's TAS status. In so doing, the >State 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 center of its ancient cultural heritage, and >should be a treasure for all citizens of the state. >The state's legal action singles out a small tribe >that is at potential risk from water contamination, >in a clear case of environmental racism. In Wisconsin, >cultural genocide is apparently not a relic of the past. >Citizens need to send a message that the state lawsuit >does not represent them, and only serves the >interests of mining companies. >(See Cultural Impacts of the Crandon Mine at >http://www.alphacdc.com/treaty/mtn-cnx3.html ) > >****************************************** > >If the Nashville town board or Mole Lake Chippewa >prevail in these two legal cases, their authority alone >may be able to stop the Crandon mine. We are asking >groups concerned about the environment, cultural >preservation, or human rights to IMMEDIATELY >take two actions: > >1. Please make a tax-deductible contribution to cover >costs of the Nashville lawsuit. Make the check out to >"Town of Nashville Legal Defense Fund" and send to: > > Town of Nashville Legal Defense Fund, > c/o Chuck Sleeter / Joanne Tacopina > P.O. Box 106 > Pickerel, WI 54465 > >Any donation would help, and benefits can also >help educate the public about the local battle >against the Crandon mine. > >2. Have your group sign on to the letter below >to State Attorney General James Doyle, urging him >to drop the lawsuit that would block Mole Lake's >power to protect its water quality and wild rice. >The letter will also be released to the media in >March. Send your group's name, contact person, >rough membership numbers, address, phone, >and e-mail BY MARCH 1st to: > > Wolf Watershed Educational Project > c/o Midwest Treaty Network > 731 State Street > Madison, WI 53703 > E-mail: [EMAIL PROTECTED] > Tel./Fax (608) 246-2256 [days] > >***************************************** > >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 >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. > &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
