And now:Ish <[EMAIL PROTECTED]> writes:
Date: Tue, 04 May 1999 23:48:36 -0600
From: Midwest Treaty Network <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
***For immediate release***
FEDERAL COURT UPHOLDS TRIBAL WATER STANDARDS:
State of Wisconsin Loses Lawsuit against
Mole Lake Sokaogon Chippewa
and Environmental Protection Agency
Contacts:
*Chairman Roger McGeshick, Jr., Mole Lake Sokaogon
Chippewa Community, 715-478-7504
*Tina L. Van Zile, Mole Lake Chippewa Environmental Dep't.,
715-478-7605
*Glenn Stoddard, Garvey & Stoddard, S.C,
608-256-1003
*Tim Tynan, Mining Impact Coalition of Wisconsin,
608-245-1525, [EMAIL PROTECTED]
*Zoltan Grossman, Midwest Treaty Network,
608-246-2256, [EMAIL PROTECTED]
*Dave Blouin, Sierra Club,
608-233-8455, [EMAIL PROTECTED]
Crandon, Wisconsin -- In an April 28 decision, the U.S.
District Court dismissed a lawsuit by the State of
Wisconsin against the U.S. Environmental Protection Agency
(EPA) and the Mole Lake (Sokaogon) Chippewa. The suit was an
attempt to deny EPA's authority to grant "Treatment as State" (TAS)
status to Mole Lake Reservation. The EPA originally granted TAS
status to Mole Lake in 1995, to support Mole Lake's sovereign
authority to set its own water quality standards under the
federal Clean Water Act. The decision reaffirming the TAS
status has far-reaching implications not just for the Mole Lake
Chippewa, but for the controversial proposed Crandon mine,
and potentially for other Native American reservations
around the country.
The State of Wisconsin disputed Mole Lake's authority, claiming that
all navigable waters within Wisconsin could only be regulated by
the state. Yet the EPA, under the federal Clean Water Act, allows
for Indian tribes to be treated as states to regulate and manage
their own resources. State Attorney General James E. Doyle
challenged the federal law by suing both the EPA and Mole Lake.
A citizens' petition recently asked Doyle to drop the suit;
it was signed by 26 Wisconsin environmental groups, by
two neighboring townships, and by 454 individuals from
121 communities around the state. The letter is posted at
http://www.alphacdc.com/treaty/water.html
The District Court resoundingly rejected the state's logic and
dismissed the suit. Part of the state's underlying argument had
been that tribal governments in general have neither the technical
capacity nor the commitment to environmental protection, and
so the EPA should not treat them like states. Yet the federal
court decision praised Mole Lake's technical effort in
setting its water quality standards, and stated that the tribe
has stronger environmental protection regulations than those
contained in Wisconsin's environmental statutes.
Roger McGeshick, Jr., Chairman of the Mole Lake Sokaogon
Chippewa Community, said, "I believe this decision is going to
benefit our community and the tribes throughout the U.S..
In the past, history has proven the tribes have been taken
advantage of and the outcome of this lawsuit has given our
people more strength. Our Water Quality Standards will
never be negotiated!"
Tina L. Van Zile, a Mole Lake Sokaogon Chippewa Tribal
Council member, stated, "Within 90 days from when EPA
approved our water standards, the state filed the lawsuit.
We've been in court for three years; the decision has
brought some relief, although we know this is not going to
be the end. In the future, we'll be strengthening our water
quality standards even more."
Mole Lake immediately wrote Attorney General James Doyle
and asked him to not appeal the decision made by U.S. District
Court Judge Charles N. Clevert. Glenn Stoddard, Attorney for
the Sokaogon Chippewa, said, "This is a very good decision
for the Sokaogon Chippewa and for the environment in the
area that would be affected by the proposed Crandon mine.
We have encouraged Attorney General Doyle to not appeal
the decision and to respect the tribe's strong and legitimate
interest in protecting its very important natural
resources, including its historic rice beds. We hope Attorney
General Doyle will make the right decision and begin to work
with the tribe rather than against the tribe. But this issue
goes beyond even the State vs. the Sokaogon Chippewa
because it is directly related to the proposed mine and its
effect on the Wolf River and Wisconsin's environment."
Zoltan Grossman of the Midwest Treaty Network said,
"Tribal environmental powers based on federally backed
Native sovereignty can help protect the environment for
Indians and non-Indians alike. Many residents of
northeastern Wisconsin are trusting Native sovereignty to
protect their environmental and economic interests more
than the sovereignty of a pro-mining state government."
Grossman added, "As in the recent U.S. Supreme Court
decision in the Mille Lacs treaty rights case in Minnesota,
the District Court decision in the Mole Lake case significantly
undercut the 'equal footing doctrine' that states have tried
to use to prioritize States' Rights over federally backed
tribal sovereignty. The courts are clearly affirming the
nation-to-nation relationship that is the bedrock of U.S.
Indian policy."
Tim Tynan of the Mining Impact Coalition in Madison said,
"Wisconsin's current water quality and enforcement
standards are insufficient and will not adequately protect
the reservation's ancient wild rice beds from the
threats of metallic sulfide mining upstream. Rice Lake,
an enormous wild rice bed situated within their reservation
boundaries, lies a few thousand feet downstream from the
proposed Crandon mine."
Although the Crandon mine is not directly mentioned in
the legal decision, the proposed mine must now comply
with Mole Lake's regulatory authority.
"We are also pleased with this decision," said Dave Blouin,
Sierra Club spokesman, "The Sierra Club supports Mole
Lake's right and authority to protect its people and
resources from unsafe metallic sulfide mining.
We ask Wisconsin citizens to call on Attorney General
Doyle not to appeal the decision and to stop wasting
taxpayers' dollars on frivolous lawsuits
on behalf of mining companies such as Rio Algom."
The case is: State of Wisconsin v. United States
Environmental Protection Agency and Carol Browner
and Sokaogon Chippewa Community, the United
States District Court, Eastern District Court of
Wisconsin; Case No. 96-C-90. It may soon be posted on
the United States Law Week site at http://lw.bna.com/lw
-30-
+++++++++++++++++++++++
MIDWEST TREATY NETWORK
731 State St., Madison WI 53703 USA
Toll-free Hotline: (800) 445-8615
Tel./Fax: (608) 246-2256
E-mail: [EMAIL PROTECTED]
BACKGROUND ON THE CRANDON MINE:
http://www.alphacdc.com/treaty/content.html
+++++++++++++++++++++++++
IN THE MEANTIME,
the Crandon mine battle continues next door in
Nashville township. See background at
http://www.alphacdc.com/treaty/nash-twn.html
MINING COMPANY SUES TOWN OF NASHVILLE
Town of Nashville, PO Box 106, Pickerel, WI 54465
Press Release--For immediate release; Please distribute widely
Re: Nicolet Minerals Company v. Town of Nashville Case No. 99-cv-32
Today (April 30, 1999) the town was served notice that
Nicolet Minerals company has filed a lawsuit challenging
the rescission of the Local Agreement.
On December 12, 1996, a former town board signed a
Local Agreement with Crandon Mining Company (AKA
Nicolet Minerals Company, owned by Rio Algom
Ltd., of Canada) over objections of local residents. The
opposition to the signing of that agreement was by a
margin of four to one. Residents were outraged at the
Local Agreement. It offered no protection to town
residents, yet granted restricted future town boards from
protecting the health, safety and welfare of its citizens, etc.
In short, the Local Agreement was considered unconscionable
in that all the power was given to the mining company and that
the agreement itself was negotiated behind closed doors without
allowing the public to participate. (Although several who had
been part of the closed door negotiation had held personal
leases with the mining company and had taken money from
them over the years.) The former board is awaiting a June trial
date for allegedly violating the open meetings law in regard to those
closed door negotiations.
Shortly after this Local Agreement was signed the entire
former town board was voted out of office and Chuck
Sleeter was elected Town Chairman. Mole Lake tribal member
Robert Van Zile and Duane Marshall were elected Town
Supervisors after they vowed to undo the Local Agreement
contract. After nearly two years of careful research, the
current Town Board rescinded the Local Agreement
based on its legal deficiencies, and is confident its recission
will be upheld in a court of law.
Nicolet Minerals Company (NMC) has sent two mailings
to town residents which in essence, threatened to
bankrupt the town if they didn't retract their rescission;
the most recent mailing was sent just before the April 6
election. In spite of NMC's efforts the current town
board won re-election by easily defeating their pro-mining
opponents on April 6. The residents have spoken loud
and clear in the past three elections (pro-mining
opponents tried unsuccessfully to oust Chairman Chuck
Sleeter in a recall last summer). The town residents
refuse to be bullied and threatened by a large
foreign corporation.
NMC has stated that they will take whatever steps are
necessary to protect their interests and their investments.
Nashville residents have responded by saying that we
have already taken the steps necessary to protect our
interests and our investments by rescinding this
unconscionable Local Agreement that is certainly
not in our best interest.
Chairman Chuck Sleeter stated, "This is America, not
some foreign country. Rio Algom is going to learn that
Americans have the right to protect their
home from the siege of a foreign company's greed.
Rio Algom certainly has more money than our 973
residents in this small rural community, however,
Rio Algom cannot buy the law or the merits of this
case and that is how we intend to win. Our forefathers
made sure that the whim of a foreign multinational
corporation cannot prevail over the will of the
people. The law is on our side. Nashville residents
are not afraid of NMC's lawsuit and look forward to
the opportunity to expose this Local Agreement
for what it is and what is not, as well as exposing the truth
behind its negotiation in the months ahead."
The town set up a web site at
http:// www.nashvillewiundersiege.com
last February in anticipation of this lawsuit.
The town has created a Legal Defense Fund for
accepting donations from groups and
individuals who wish to help the town in its defense.
You Can Help Stop the Siege!
Send your tax-deductible contribution to
Town of Nashville Legal Defense Fund
P.O. Box 106
Pickerel, WI 54465
[EMAIL PROTECTED]
http://www.nashvillewiundersiege.com/
Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
&&&&&&&&&&&&&&&&&&&&&&&&&&
Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
&&&&&&&&&&&&&&&&&&&&&&&&&&
