TUCSON, AZ— The Center for Biological Diversity and the Animal Welfare Institute today filed a lawsuit against the U.S. Department of Agriculture and the U.S. Fish and Wildlife Service to ensure that endangered ocelots aren’t inadvertently killed as part of the Department’s long-running program to kill coyotes, bears, bobcats and other wildlife in Arizona and Texas. The Department’s Wildlife Services program kills tens of thousands of animals in the two states every year using traps, snares and poisons.
“All the latest science shows Wildlife Services’ predator-control program is expensive, ineffective and inhumane,” said Collette Adkins, a Center attorney and biologist. “With fewer than 100 ocelots remaining in the United States, we’re trying to ensure that none will suffer and die in traps set for bobcats, coyotes and other predators targeted by Wildlife Services.”
Wildlife Services is required by the Endangered Species Act to consult with the U.S. Fish and Wildlife Service on its activities that may affect endangered species, including its predator-control activities. Because Wildlife Services kills wildlife within the range of the endangered ocelot, and given the similarity in size between ocelots and many of the targeted predators, the Fish and Wildlife Service warned Wildlife Services in a 2010 “biological opinion” document that ocelots could be harmed by its use of traps, snares and poisons (including baited M-44 devices that propel lethal doses of sodium cyanide into animals’ mouths).
Since that 2010 opinion, ocelots have been spotted in several additional locations in Arizona, including the Huachuca and Santa Rita mountains. New evidence also indicates that Wildlife Services has failed to comply with the document’s mandatory terms and conditions, intended to minimize risk to ocelots. This new information requires the program to reinitiate consultation with the Fish and Wildlife Service to examine risks to ocelots and develop risk-mitigation measures. The complaint also alleges that Wildlife Services must use recent science to supplement its outdated environmental analyses of its wildlife-killing program in Arizona, which were prepared in the 1990s under the National Environmental Policy Act.
“The ocelot population is crumbling at the feet of Wildlife Services’ indiscriminate and haphazard wildlife-killing activities,” said Tara Zuardo, a wildlife attorney with Animal Welfare Institute. “With this lawsuit, we are sending a message to Wildlife Services that its tactics should not come at the expense of the future of this critically endangered species.”
To protect ocelots while the Fish and Wildlife Service completes the required analysis, the groups are seeking a halt to Wildlife Services’ animal-killing activities throughout the ocelot’s range in southern Arizona and Texas.
Background
The ocelot has a tawny coat marked by elongated brown spots with black borders. It can weigh as much as 35 pounds and stretch to 4 feet in length (including the tail). Ocelots seem to prefer dense cover but use a variety of habitats. Hunting mostly at night, they target rabbits, birds, fish, rodents, snakes, lizards and other small- to medium-sized prey.
The ocelot’s range includes Texas, Arizona, Mexico and Central and South America. Monitoring of collared individuals has shown that ocelots travel as far as 10 miles outside their home ranges. Since 2009 ocelots have been detected at least five times in Arizona, including a road-killed ocelot near Globe in 2010, a treed ocelot in the Huachuca Mountains in 2011, and a male ocelot photographed in the Santa Rita Mountains in 2014.
Since 1982 the species has been designated as “endangered” under the Endangered Species Act. Although never abundant, ocelots were historically killed incidentally during the hunting, trapping and poisoning of coyotes, bobcats and other predators. Habitat loss also contributed to the animal’s decline; only a fraction of the less than 5 percent of original native vegetation remaining in the lower Rio Grande Valley is optimal habitat for the cats. Now continuing habitat loss, collisions with vehicles and inbreeding resulting from small and isolated groups are keeping the wildcat’s population numbers low.
See more about USDA Wildlife Services at this award-winning film:
Featured image: Bill Keebler, from his Facebook page. A federal felony complaint reveals that the feds are continuing to investigate right-wing extremism on US public lands.
On the night of June 21, members of the Patriots Defense Force militia allegedly planted a bomb at a Bureau of Land Management cabin in Mount Trumbull, in northwest Arizona, with the intention of blowing the building apart. A Utah man, William Keebler, who leads the group, apparently orchestrated the failed attack in response to what he views as federal government overreach and the mismanagement of natural resources.
Undercover FBI agents first infiltrated the Stockton, Utah-based militia group several months ago. Agents apparently thwarted the attack by providing a faulty bomb, which failed to explode. FBI agents arrested Keebler on Wednesday in Nephi, Utah.
Deep Green Resistance (DGR) is dedicated to the fight against industrial civilization and its legacy of racism, patriarchy, and colonialism. For this reason, DGR would like to publicly state its support of the San Carlos Apache tribe and the residents of Superior, AZ in the fight to protect Oak Flat from the destructive and unethical practices of foreign mining giant Rio Tinto.
Background
For over a decade the San Carlos Apache tribe and supporters have been fighting against profit-driven attacks on their land by the Superior, AZ based company Resolution Copper (RC), a subsidiary of the international mining conglomerate Rio Tinto. The foreign Rio Tinto is an Anglo-Australian mining company with a shameful history of environmental degradation, human rights abuses, and consorting with oppressive regimes around the globe.
Resolution Copper plans a massive deep underground copper mine in the Oak Flat area using a technique called block caving, in which a shaft is drilled more than a mile deep into the earth and the material is excavated without any reinforcement of the extraction area. Block caving leaves the land above vulnerable to collapse.
Despite this, Resolution Copper is set to acquire 2,400 acres of the federally protected public land in the Tonto National Forest in southeast Arizona in exchange for 5,000 acres in parcels scattered around the state. The 2,400-acre land, part of San Carlos Apache’s aboriginal territory, includes Oak Flat, Devil’s Canyon, and nearby Apache Leap – a cliff where Apaches jumped to their death to avoid being killed by settlers in the late 19th century. The San Carlos Apaches and other Native people hold this land as sacred, where they conduct ceremonies, gather medicinal plants and foods, and continue to build connections with the land. The now public land is held in trust by the federal government and is also used by non-Native nature lovers for hiking, camping, bird watching and rock climbing, and is used for field trips by Boy Scout groups.
Recent Activity
On December 4, 2014 the House passed the National Defense Authorization Act (NDAA), which included the Oak Flat Land exchange as an attachment to the annual must-pass defense bill. This particular version of the land exchange included in the NDAA (the “Southeast Arizona Land Exchange and Conservation Act of 2013”) is the 13th version since the bill was first introduced in Congress in 2005 by former Congressman, Rick Renzi (later convicted in 2013 of multiple counts of corruption, including extortion, racketeering and other federal charges). AZ Senators McCain and Flake, responsible for sneaking this unrelated attachment into the NDAA, subverted the will not only of Native American Tribes, conservation organizations, the Superior Town Council, and others, but the will of the United States Congress which has forcefully rejected the land exchange for nearly 10 years. Flake, who previously worked for Rio Tinto at their uranium mine (co-owned by the Iranian government) in Namibia, acknowledged the bill could not pass the US Congress on its own merits.
Shortly after passing through the House, the NDAA was signed into law by President Obama on December 19, 2014, exactly 5 years after he signed the “Native American Apology Resolution,” a little-noticed expression of regret over how the U.S. had abused its power in the past.
The Southeast Arizona Land Exchange and Conservation Act demonstrates a total disregard for Native American concerns. Resolution Copper has also openly admitted to the fact that their process of mining would create significant land cracking and eventually subsidence. Another grave concern is the permanent damage to surface and groundwater. This mine will deplete enormous quantities of water and pollute it, which will devastate local communities.
Oak Flat is also a rare desert riparian area. Less than 10% of this type of habitat remains in Arizona. The land exchange would allow mining companies to avoid following our nation’s environmental and cultural laws and would bypass the permitting process all other mines in the country have followed. Since this mining would, by design, lead to the complete destruction of the Oak Flat area and potentially impact both Apache Leap and Gaan Canyon, the San Carlos Apache Tribe (along with over 500 other tribes across the country) strongly opposes it and the illegal land exchange.
Call for Solidarity
Indigenous peoples have always been at the forefront of the struggle against the dominant culture’s ecocidal violence. Beneath the violations of US law lies the glaring threat of sacred Apache land being further harmed and colonized. If RC is allowed to follow through with its mining plan, not only would this land be stolen from the Apaches, but it would be rendered unrecognizable.
There is a monumental need for solidarity work to save Oak Flat. The only acceptable action on the part of Resolution Copper is immediate cessation of any and all plans to mine in the ancestral home of the Apache people; anything else will be met with resistance, and DGR will lend whatever support it can to those on the front lines. The time to act is now!
**DGR recognizes that members of settler culture are living on stolen land in the midst of a current and ongoing genocide of indigenous people and culture. We encourage those who wish to be effective allies to indigenous people to read our Indigenous Solidarity Guidelines.
For the second time in as many decades, operations to open the Canyon uranium mine six miles south of Grand Canyon National Park have been suspended. The Havasu Tribe, which had previously challenged the mine, and conservation groups have been working to stop this mine because of potential harm to waters and wildlife of Grand Canyon, as well as cultural resources.
Pursuant to an agreement with the Havasupai Tribe and conservation groups, and citing “business reasons,” Energy Fuels Resources, Inc. decided to place the mine in non-operational, stand by status on Tuesday. Uranium prices have dropped to a five-year low during the last three months. The mine was previously placed on stand by in 1992, after uranium prices plunged to record lows. The company resumed shaft-sinking operations in early 2013; the current cessation will last at least until a pending district court ruling or Dec. 31, 2014.
“The Canyon Mine threatens irreversible damage to the Havasupai people and Grand Canyon’s water, wildlife, and tourism economy, so this closure is very good news,” said Roger Clark with the Grand Canyon Trust. “The closure is temporary. Under current policy, federal agencies will permit this mine— like other “zombie mines” across the region— to reopen next year, or 10 or 20 years from now without any new environmental analysis or reclamation. That needs to change.”
The Havasupai Tribe and conservation groups sued the U.S. Forest Service in March over its 2012 decision to allow the controversial mine to open without adequate tribal consultation and without updating a 1986 federal environmental review. The mine is within the Red Butte Traditional Cultural Property, which the Forest Service designated in 2010 for its religious and cultural importance to tribes, especially Havasupai. It threatens cultural values, wildlife, and water, including aquifers feeding Grand Canyon’s springs. The lawsuit charges the Forest Service with violating the National Historic Preservation Act for not consulting with the Havasupai Tribe to determine whether impacts of the mine on Red Butte could be avoided prior to approving mining. It also alleges violations of the National Environmental Policy Act for failing to analyze new circumstances and science since the mine’s outdated 1986 environmental impact statement. Those include the designation of the Red Butte Traditional Cultural Property, reintroduction of the endangered California condor, and new science showing the potential for uranium mining to contaminate deep aquifers and Grand Canyon seeps and springs.
“It’s been clear for years that the public doesn’t want uranium mining around the Grand Canyon. Now that this mine has been put on hold, the Forest Service has yet another opportunity to do the right thing: protect people, wildlife and this incredible landscape from industrial-scale mining and all the pollution and destruction that come with it,” said Robin Silver of the Center for Biological Diversity.
The mine falls within the million-acre “mineral withdrawal” zone approved by the Obama administration in January 2012 to protect Grand Canyon’s watershed from new uranium mining impacts. The withdrawal prohibits new mining claims and mine development on old claims lacking “valid existing rights” to mine. In April 2012 the Forest Service made a determination that there were valid existing rights for the Canyon mine, and in June it issued a report justifying its decision to allow the mine to open without updating the 27-year-old environmental review.
“It is time to halt this mine — permanently,” said Sandy Bahr, director of the Sierra Club’s Grand Canyon Chapter. “It was a bad idea 27 years ago when the now-dated environmental impact statement was issued, it is a bad idea today, and it will certainly be a bad idea tomorrow. Now we know even more about how much Canyon Mine threatens the water, wildlife and cultural resources of Grand Canyon.”
Plaintiffs on the litigation include Havasupai Tribe, Grand Canyon Trust, the Center for Biological Diversity and Sierra Club.
Background
The Canyon Mine is located on the Kaibab National Forest, six miles south of Grand Canyon National Park. The mine’s original approval in 1986 was the subject of protests and lawsuits by the Havasupai Tribe and others objecting to potential uranium mining impacts on regional groundwater, springs, creeks, ecosystems and cultural values associated with Red Butte.
Aboveground infrastructure was built in the early 1990s, but a crash in uranium prices caused the mine’s closure in 1992 before the shaft or ore bodies could be excavated. Pre-mining exploratory drilling drained groundwater beneath the mine site, eliminating an estimated 1.3 million gallons per year from the region’s springs that are fed by groundwater. A 2010 U.S. Geological Survey report noted that past samples of groundwater beneath the mine exhibited dissolved uranium concentrations in excess of EPA drinking water standards. Groundwater threatened by the mine feeds municipal wells and seeps and springs in Grand Canyon, including Havasu Springs and Havasu Creek. Aquifer Protection Permits issued for the mine by Arizona Department of Environmental Quality do not require monitoring of deep aquifers and do not include remediation plans or bonding to correct deep aquifer contamination.
Originally owned by Energy Fuels Nuclear, the mine was purchased by Denison Mines in 1997 and by Energy Fuels Resources Inc., which currently owns the mine, in 2012. Energy Fuels has been operating the mine since April 2013, sinking the shaft and preparing the facility for uranium ore excavation.
A group of Diné and Hopi people ( including traditional people and elders) upset by the latest colonial attack on indigenous peoples water rights, gathered to protest the visits of two US Senators to the Navajo Nation today. The people had gathered to say “no deal” to s2109, the bill that would allow for more water to flow into Arizona for the benefit of companies and urban growth.
Protesters chanted “water is life”, “free indian water ends now”, “let the water flow”, “sewage water for McCain and Kyl”, other chants were said in Diné.
Protesters waited for Navajo president Ben Shelly and US senators McCain and Kyl to exit the meeting in Tuba City, on the Navajo Nation. Earlier protesters marched in the streets of Tuba City, as Navajo Nation president Ben Shelly met with the senators to discuss the further dismantling of Navajo and Hopi water rights. Navajo Nation president Ben Shelly has left the meeting and said that there is no deal yet made, and that they are going to hear input from 7 of the 111 chapter houses (similar to districts) and council delegates.
Senators McCain and Kyl were in Tuba City to gain official support from the Tribal governments for their bill, Senate Bill 2109, described in a Native News Network article as:
Senate Bill 2109 45; the “Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012″ was introduced by Kyl and McCain on February 14, 2012, and is on a fast track to give Arizona corporations and water interests a “100th birthday present” that will close the door forever on Navajo and Hopi food and water sovereignty, security and self-reliance.
S.2109 asks the Navajo and Hopi peoples to waive their priority Water Rights to the surface waters of the Little Colorado River “from time immemorial and thereafter, forever” in return for the shallow promise of uncertain federal appropriations to supply minimal amounts of drinking water to a handful of reservation communities.
The Bill – and the “Settlement Agreement” it ratifies – do not quantify Navajo and Hopi water rights – the foundation of all other southwestern Indian Water Rights settlements to date – thereby denying the Tribes the economic market value of their water rights, and forcing them into perpetual dependence on uncertain federal funding for any water projects.
The fight for Diné and Hopi water rights continues as several indigenous struggles persist across Arizona to protect sacred sites, stop cultural genocide, and prevent further destruction of the earth and its people for corporate profit.
