Indigenous Leaders Hail Biden’s Proposed Chaco Canyon Drilling Ban as ‘Important First Step’

Indigenous Leaders Hail Biden’s Proposed Chaco Canyon Drilling Ban as ‘Important First Step’

Editor’s note: We would hope that this action would be a turning point where the United States stops its management planning philosophy of “natural resources” and focuses on the protection of all living beings. Yet how tenative only 10-mile buffer for only 20 years and does not include all extractive industries. Basically less than undoing what Trump illegally did. After all they still have the Gulf of Mexico.


This story first appeared in Common Dreams.

“We are most hopeful that this action is a turning point where the United States natural resource management planning philosophy focuses on the protection of all living beings.”

November 15, 2021

A coalition of Southwestern Indigenous leaders on Monday applauded President Joe Biden and Interior Secretary Deb Haaland following the announcement of a proposed 20-year fossil fuel drilling ban around the sacred Chaco Canyon in northwestern New Mexico—even as the administration prepares to auction off tens of millions of acres in the Gulf of Mexico for oil and gas extraction later this week.

“While there is still work to be done, these efforts to safeguard tribes and communities will be essential to protect the region from the disastrous effects of oil and gas development.”

“Chaco Canyon is a sacred place that holds deep meaning for the Indigenous peoples whose ancestors lived, worked, and thrived in that high desert community,” Haaland—the first Native American Cabinet secretary in U.S. history—said in a statement Monday.

“Now is the time to consider more enduring protections for the living landscape that is Chaco, so that we can pass on this rich cultural legacy to future generations,” she added. “I value and appreciate the many tribal leaders, elected officials, and stakeholders who have persisted in their work to conserve this special area.”

Carol Davis, executive director of the group Diné Citizens Against Ruining Our Environment (Diné CARE), asserted that “the people in the Greater Chaco Landscape live by this maxim: What you do to the Earth; you do to the people.”

“Today President Biden is not just protecting and healing the earth and sky, he is protecting and healing the people,” she added. “We are most hopeful that this action is a turning point where the United States natural resource management planning philosophy focuses on the protection of all living beings.”

According to the Greater Chaco Coalition:

The Greater Chaco region is a living and ancient cultural landscape. A thousand years ago, Chaco Canyon in northern New Mexico was the ceremonial and economic center of the Chaco Cultural Landscape, an area encompassing more than 75,000 square miles of the Southwest in New Mexico, Arizona, Colorado, and Utah and sacred to Indigenous peoples.

Today, Chaco Canyon in northwestern New Mexico is a National Park and UNESCO World Heritage Site, considered one of the most important archaeological sites in the Americas, yet the vast majority of the area is leased to oil and gas activities. Indigenous people, primarily Pueblo and Navajo (Diné) peoples, sacred cultural sites, precious water resources, and the area’s biodiversity are all under a grave and growing threat from fracking.

“For over a century, the federal government has quite literally treated the Greater Chaco Landscape like a national energy sacrifice zone,” the coalition continued. “The region has been victim to large-scale resource exploitation, which includes a history of Navajo displacement and land repatriation that has carved the Greater Chaco Landscape into a complex checkerboard of federal, state, private, and Navajo allotment land.”

“A maze of federal and state agencies control the area, which has allowed oil, gas, and mining companies to exploit layers of law, regulations, and oversight agencies,” it added. “A recent boom of industrialized fracking across New Mexico has made it the second-biggest oil producer in the United States, with more than 91% of available lands in the Greater Chaco area leased for fracking.”

Diné Allottees Against Oil Exploitation (DAoX) said that “we and our heirs greatly welcome the action by President Biden to not just protect the 10-mile buffer surrounding the Chaco Canyon National Historic Park boundaries but to protect the Greater Chaco Landscape in its entirety. Our rights as landowners, our trustee relationship with the federal government, as well as our communities’ public health, has been greatly impacted by oil and gas industry fracking, alongside other extractive industries in the area, for decades.”

The group continued:

Because of the absence of free, prior, and informed consent, nearly all of the rubber-stamping actions from federal management agencies across the Greater Chaco Landscape are textbook examples of the absence of meaningful tribal engagement, and represent the impacts of environmental and institutional racism. We were not adequately informed and did not consent to more than 40,000 oil and gas wells that already litter the Greater Chaco region.

The oil and gas industry is second to none when it comes to disrespecting tribal communities, furthering institutional and environmental racism against our people and across this landscape. Most reprehensible was the fact that federal agencies facilitated the destruction and contamination of our communities while a global pandemic raged.

“This federal racist injustice cannot be forgotten. President Biden and Secretary Haaland’s actions today start to turn this racist status quo on its head,” DAoX added. “We feel that the racial injustice that has been perpetrated on our communities has caused the coming of an unavoidable reckoning to the people who knowingly permitted the destruction of our communities.”

Raena Garcia, fossil fuels and lands campaigner at Friends of the Earth, called the administration’s Chaco Canyon announcement “an important first step towards permanent protection.”

“While there is still work to be done, these efforts to safeguard tribes and communities will be essential to protect the region from the disastrous effects of oil and gas development,” she added.

The Interior Department’s announcement arrives as the Biden administration—which has come under fire from Indigenous and environmental leaders for approving more fossil fuel drilling projects on public lands than either of its two predecessors—prepares to auction off more than 80 million acres in the Gulf of Mexico for fossil fuel extraction on Wednesday.

The lease sale will take place just days after the president pleaded with world leaders for “every nation to do its part” to combat the climate emergency at the recently concluded United Nations Climate Change Conference in Glasgow, Scotland.

“It’s hard to imagine a more dangerous, hypocritical action in the aftermath of the climate summit,” Kristen Monsell, a lawyer for the Center for Biological Diversity, told ABC News. “Holding this lease sale will only lead to more harmful oil spills, more toxic climate pollution, and more suffering for communities and wildlife along the Gulf Coast.”

Banner image: source (CC BY-SA 4.0)

‘Ecological Disaster on Massive Scale’: Hundreds of Thousands of Dead Migratory Birds in Southwest Linked to Wildfires, Climate Crisis

‘Ecological Disaster on Massive Scale’: Hundreds of Thousands of Dead Migratory Birds in Southwest Linked to Wildfires, Climate Crisis

‘Ecological Disaster on Massive Scale’: Hundreds of Thousands of Dead Migratory Birds in Southwest Linked to Wildfires, Climate Crisis

“The fact that we’re finding hundreds of these birds dying, just kind of falling out of the sky is extremely alarming.”

A combination of factors—all related to the climate crisis—is believed to be behind one of the largest mass bird die-off events in recent memory in the Southwest, according to biologists. Scientists say thousands of dead migratory birds have been found across states including New Mexico, Texas, and Colorado in recent weeks as the American West faces wildfires that have burned through millions of acres in matter of days.

Dr. Martha Desmond, a biology professor at New Mexico State University (NMSU), told The Guardian that the die-off, which was first detected in late August, is a “national tragedy.” “I collected over a dozen in just a two-mile stretch in front of my house,” Desmond told the newspaper. “To see this and to be picking up these carcasses and realizing how widespread this is, is personally devastating.”

Allison Salas, a graduate student at NMSU, reported on Twitter that the university is working with the U.S. Fish and Wildlife Service (USFWS) to understand the causes of the die-off, which ornithologists have linked to smoke from the wildfires as well as a drought in the Southwest.

“The fact that we’re finding hundreds of these birds dying, just kind of falling out of the sky is extremely alarming,” Salas told The Guardian. “The volume of carcasses that we have found has literally given me chills.”

“It’s different this year than other years. We’ve had plenty of hot summers but very few that have had these huge-scale fires combined with heat combined with drought.Dr. Andrew Farnsworth, Cornell Lab of Ornithology.  Researchers say the birds are mainly migratory birds—such as warblers, swallows, and flycatchers—which travel to Central and South America from Canada and Alaska each year as the weather grows colder. Resident bird species don’t appear to be affected.

Based on the large volumes of dead birds found throughout the region since August 20, when the first group was found at White Sands Missile Range in southern New Mexico, ornithologists believe thousands of birds could already be dead. Desmond told the Las Cruces Sun News that “hundreds of thousands, if not millions, of migratory birds” could be lost in the die-off.

When migrating from Canada, bird species must stop every few days to gather food, drink water, and rest. With wildfires overwhelming the West Coast, scientists say birds may have been pushed into desert areas in New Mexico—which has been suffering from a drought—where food and water sources are scarce.

Changes in the birds’ northern habitat, caused by the heating of the planet, may also have pushed the species to begin their migration earlier than usual this year, before building up fat reserves which would have helped sustain them on the journey.

“We’re kind of coming at them from all sides,” Salas told The Guardian. “If we don’t do anything to protect their habitat we’re going to lose large numbers of the populations of several species.” Desmond told WBUR that upon arriving in the drought-stricken Southwest, “a lot of birds up north were probably caught off guard.”

Since August 20, two doctoral candidates at the University of New Mexico discovered 305 dead birds in the northern part of the state and linked the deaths to starvation. Trish Cutler, a wildlife biologist at White Sands Missile Range, told KOB, a local TV station in Albuquerque, that “a couple of hundred” dead birds were found at the weapons testing site last week, compared with the fewer than half a dozen carcasses that are found there on a weekly basis.

Dr. Andrew Farnsworth of the Cornell Lab of Ornithology told the New York Times that extremely poor air quality in the West, caused by the wildfires, is likely a contributing factor to the die-off as well. “It’s different this year than other years,” Farnsworth told the Times. “We’ve had plenty of hot summers but very few that have had these huge-scale fires combined with heat combined with drought.” Environmental justice advocates on social media decried the “ecological disaster” detected in the Southwest.

“The signs are everywhere,” tweeted consumer advocate Erin Brockovich. “Mother Nature is done with us, and who can blame her?”


You can find the original article here: https://www.commondreams.org/news/2020/09/16/ecological-disaster-massive-scale-hundreds-thousands-dead-migratory-birds-southwest

From Pinyon-Juniper to Revolution

From Pinyon-Juniper to Revolution

via The Pinyon-Juniper Alliance

The Pinyon-Juniper Alliance was formed several years ago to protect Pinyon-Pine and Juniper forests from destruction under the BLM’s and Forest Service’s misguided “restoration” plan. Since that time, we have attended public meetings, organized petitions, talked with politicians and locals, coordinated with other groups, written articles and given presentations, and commented on public policy.

Things now are worse than ever. The latest project we’ve seen aims to remove PJ forest from more than 130,000 acres of Grand Staircase-Escalante National Monument. That’s more than 200 square miles in one project.

Everywhere we go, we see juniper trees cut. Most recently, just this past weekend in Eastern Oregon, an entire mountainside was littered with chainsawed juniper trees. Earlier today, one of our organizers spoke with an elder from the Ely-Shoshone Tribe. She told us about two conversations she had with agency employees who referred to old pinyon-pines as “useless” trees that needed to be removed. She responded by saying “I wouldn’t be here without those trees,” and told them about the importance of pine nuts to Great Basin indigenous people.

And still the mass destruction continues.

However, looming behind these atrocities is an even bigger threat. Due to global warming, drought is becoming almost continuous throughout most of the intermountain West. The possibility of a permanent dust bowl in the region appears increasingly likely as governments worldwide have done nothing to avert climate catastrophe.

Pinyon-Pine and Juniper are falling to the chainsaw. However, they have been able to survive the saws of men for two hundred years. It is unlikely they will be able to survive two hundred years of unabated global warming.

The biggest threat to Pinyon-Juniper forests isn’t chainsaws or the BLM. The biggest threat is the continuation of industrial civilization, which is leading to climate meltdown. Stopping industrial civilization would limit this threat, and would also stop the flow of fossil fuels that powers the ATVs and Masticators and Chainsaws currently decimating Pinyon-Juniper forests.

Derrick Jensen has said that often people who start out trying to protect a certain forest or meadow end up questioning the foundations of western civilization. We have undergone this process ourselves.

Given our limited time, energy, and resources, our responsibility is to focus on what we see as the larger threats. Therefore, the founders of the Pinyon-Juniper Alliance have turned to focus on revolutionary work aimed at overturning the broader “culture of empire” and the global industrial economy that powers it. We are not leaving the PJ struggle behind. If you are engaged in this fight, please reach out to us. We need to network, share information, and work together to have a chance of success. We are shifting the form of our struggle. If this struggle is won, it will result in a world that Pinyon-Juniper forest can inhabit and spread across freely once again. And if it’s lost, our work at the local level is unlikely to matter. There are few revolutionaries in the world today, and we have a responsibility to do what is necessary.

Lawsuit Launched to Protect Threatened Songbird’s Habitat in Arizona, New Mexico, California

Lawsuit Launched to Protect Threatened Songbird’s Habitat in Arizona, New Mexico, California

Featured image by Seabamirum/Flickr.

    by Center for Biological Diversity

LOS ANGELES— The Center for Biological Diversity notified the U.S. Fish and Wildlife Service today of its intent to sue the agency for failing to protect lifesaving critical habitat for the western yellow-billed cuckoo.

The songbird once ranged widely in the western United States but has declined to as few as 350 pairs concentrated in Arizona, New Mexico and California. The Center has worked for its protection for two decades, first submitting a scientific petition to list it under the Endangered Species Act in 1998.

After more than a decade of delay, the Service finally listed the western cuckoo as threatened in 2014. The agency also proposed the protection of more than half a million acres of the species’ critical habitat, but it has failed to finalize the designation.

“After many years of delay, it’s time for the Fish and Wildlife Service to protect the cottonwoods and willows and other streamside homes of this tenacious songbird,” said Brian Segee, a senior attorney at the Center. “Caring for our western rivers is essential to the cuckoo’s survival. And river restoration also has huge benefits for people and communities that need healthy waterways.”

The yellow-billed cuckoo depends on healthy streamside areas for breeding, nesting and feeding. Its disappearance from vast expanses of its former habitat is due largely to damming of rivers, water withdrawal and livestock grazing. Climate change threatens the cuckoo with increased drought, and pesticide use and collisions with communication towers and other tall structures further imperil the bird.

Critical habitat designation would help address these threats by requiring federal agencies to consult with the Service when their actions may result in damage or destruction of the bird’s habitat.

“The cuckoo has to get critical habitat designated immediately if we hope to continue to hear its call along our western rivers and streams,” said Segee.

In an announcement last month, the Service issued a positive 90-day finding that a petition to delist the western cuckoo submitted by livestock, mining and extremist property-rights interests “may be warranted,” the first step toward potential delisting of the species. The Center is separately opposing that proposal.

Background
The western yellow-billed cuckoo winters in South America and summers in the western United States and parts of Mexico and Canada. Its range has drastically shrunk with the species no longer occurring in most of the northern half of its range in the West.

Today the bird survives in scattered locations in small numbers, including along California’s Sacramento, Eel and Kern rivers; the Colorado, Gila, Verde and San Pedro rivers in Arizona; New Mexico’s Gila and Rio Grande rivers; and scattered locations in Colorado, Idaho, Nevada, Texas, Wyoming and Utah. Historically it was common from the shores of Lake Washington in Seattle to the mouth of the Colorado River.

The cuckoo is a visually striking bird with a long tail with flashy white markings. It breeds in streamside forests of cottonwood and willow and is one of the few species that can eat spiny caterpillars, such as tent caterpillars, which the adult birds and their chicks gorge on in the spring and summer.

Navajo Communities Still Struggle After Mining Disaster

Navajo Communities Still Struggle After Mining Disaster

Featured image: The San Juan River still turns a muddy orange after a heavy rain, as sediments from the Gold King Mine spill are stirred up from the bottom.  Suzette Brewer

     by Suzette Brewer / Indian Country Today Media Network

SHIPROCK, New Mexico—On Friday, as the Obama administration temporarily halted construction of the Dakota Access pipeline due to concerns of the Standing Rock Sioux Tribe, another water-related human tragedy continued to unfold within the Navajo Reservation in New Mexico.

A year after the Gold King Mine spill that turned the San Juan River bright orange with millions of gallons of toxic chemicals, Navajo families continue to struggle against the ongoing, catastrophic effects on their water supply that threaten both their health and the economic stability of an already fragile community. On a daily basis, tribal members along the San Juan River say, they are still confronting the environmental, agricultural, health and spiritual fallout from the disaster that has pushed some to the brink of despair and left many others teetering on poverty.

In August 2015, more than three million gallons of toxic acid sludge and heavy metals, including lead, mercury, cadmium, beryllium, arsenic and dozens of other dangerous contaminants, was released into the Animas River at its headwaters in Silverton, Colorado, the largest tributary to the San Juan River.

Home to Shiprock, the most populous community in the Navajo Nation, the San Juan supplies water to nearly 1,500 farms and 1,200 ranches that have been devastated in the wake of what the Navajo Nation contends was “a preventable tragedy.”

The disaster, which resulted from abandoned and poorly maintained mines, has left many tribal members depressed and fearful, saying they don’t trust that the waterways are safe for them, their crops or their livestock. This leaves hundreds of farmers and ranchers without the means to earn a living in one of the poorest regions in the United States.

Meanwhile, Navajo leaders say their communities situated along the river have been “torn apart” over whether to use the water from the San Juan for their irrigation canals, livestock and ceremonial purposes. They have been left stranded, the leaders say, with no clear answers or assurances that the river upon which they have lived and survived for thousands of years will ever be restored.

“It’s hard to even gauge the scale and significance of what the Gold King spill has done to our communities,” Shiprock Chapter president Duane Yazzie told Indian Country Today Media Network. “They began mining in the 1870s, so the net effect in the last 150 years is that these mining companies can inflict any damage they want without any liability whatsoever. Congress, who has the authority to fix this, has been asked to do so for nearly a century, but they won’t. And yet we’re left to clean up the mess.”

Experts agree that there are hundreds of abandoned mines in and around Silverton, Colorado, many of which interconnect and flow into the headwaters of the Animas River—which feeds into the San Juan and directly into the tribe’s irrigation canals. For decades, said Yazzie, it was public knowledge that the mines were being improperly managed with bulwarks that had been poorly conceived and constructed, causing a massive buildup of water pressure within the mines.

When subcontractors went in to do maintenance, the mine blew out a massive cocktail of toxic water that polluted rivers and waterways for dozens of communities downstream. The tribe, however, maintains that its communities are particularly vulnerable and the most at-risk because of their unique cultural, historical, agricultural, geographic and economic dependence on the San Juan River.

Although the Environmental Protection Agency (EPA) has conceded responsibility, the Navajo Nation says the agency’s response has been “slow and inadequate.” They say the mine owners continue to squabble and engage in finger-pointing and blame-shifting after one of the worst environmental disasters in U.S. history.

The ensuing domino effect of the spill has led to a bitter legal imbroglio involving the Navajo Nation, New Mexico, Colorado, the mine owners and the EPA. Subsequently, New Mexico has sued Colorado, for example, and both states have sued the EPA.

The Navajo Nation, however, infuriated by the EPA for its “reckless negligence” and its unwillingness to reimburse the tribe for the more than $2 million incurred in costs related to the catastrophe, sued the agency along with the mine owners in August. In its petition, the tribe alleges that, collectively, “Defendants failed at virtually every step, in most instances advancing their own interests,” and were negligent in their maintenance of mines that were “known and substantial risks.” The EPA did not respond to requests for comment on this story.

RELATED: Navajo Nation Sues EPA Over Gold King Mine Disaster

The Navajo Nation also named Gold King Mines, Sunnyside Gold, Kinross Gold, Harrison Western, and Environmental Restoration in the lawsuit in seeking redress for the enormous amount of economic, agricultural and cultural damage done to the Navajo communities who rely on the San Juan River for their entire way of life. The 48-page petition alleges that the EPA, its subcontractor and the mine owners “consistently acted improperly, shirked responsibility, and failed to fulfill their moral and legal obligations… [and] must be held accountable for the harms caused to the San Juan River, the Nation, and to the Navajo people.”

The damage to the Navajo communities that depend on the San Juan River, Yazzie concurs, has become incalculable.

“Indians have been expendable for a long time, it doesn’t matter what damage we’re subjected to,” said Yazzie, a hint of anger flashing in his eyes. “Our people are torn [about using the water], but what choice do we have? Just like the people from Flint, Michigan, it’s a disaster, but what choice do they have?

“The Gold King spill is so massive that we don’t even know if it’s possible to clean up.”

Something Happened to the Water”

Allen and Bertha Etsitty were caught off guard. On August 7, 2015, two full days after the spill, the Etsittys were one their way to Shiprock when they heard over the Navajo radio station, KTNN, that “something had happened to the water.”

The Etsittys, who have been married for nearly 50 years, are retired and live on Social Security. At approximately 19 acres, theirs is one of the largest family farms on the Navajo Reservation—the income from which they use to survive throughout the year.

“We’ve been farming ever since we got married,” said Allen.

“Our parents and grandparents were farmers, too,” Bertha said, as Allen nodded. “We learned to farm from them. The river is sacred for us, it was here ever since we were kids. The river is so important to us, and it provides the food we need.”

Allen and Bertha Etsitty attend a workshop for farmers and ranchers in Shiprock, New Mexico, to get assistance in filing their EPA claims from the Gold King Mine Spill. (Photo: Suzette Brewer)

Allen and Bertha Etsitty attend a workshop for farmers and ranchers in Shiprock, New Mexico, to get assistance in filing their EPA claims from the Gold King Mine Spill. (Photo: Suzette Brewer)

Later that day, they received a call from Martin Duncan, president of the San Juan Dineh Water Users, informing them that there had been a toxic mine spill in Colorado and that the tribe would be shutting off the main gate to the irrigation canals. That night, the Etsittys, who are in their 70s, set up camp in their fields with their son, Huron, as the three of them worked around the clock to irrigate their crops with what clean water was left before the main gate was closed.

“We flooded the fields,” said Allen. “We did everything we could do.”

Over the next several weeks, the Etsittys loaded their vehicles with 325 gallon water tanks and drove back and forth nearly 100 miles a day to get water from the tanks that had been set up by the tribe in Shiprock. All told, the elderly couple hauled more than 60,000 gallons of water in a desperate attempt to save their crops.

“We only had our regular vehicles, which aren’t built for that kind of thing,” said Allen. “We went through brakes, drums, pads, transmissions, everything, trying to keep our fields watered and save what we could.”

But it was not to be. As time dragged on and the growing season stalled, the Etsittys could only watch as their crops withered away—along with their income at fall harvest.

“Our corn didn’t even make it past the tassels. We only produced about one-quarter of what we normally grow,” Allen said, adjusting the cap on his head. “It hit us hard.”

“Our corn pollen is sacred to us for prayers and offerings,” Bertha said. “It was a loss to our traditional medicine men. Everybody was looking for corn pollen this year, and we didn’t have any.”

Allen says that prior to the disaster, they planted every square inch of their acreage with crops that included several varieties of traditional Navajo corns, squash, watermelons, cantaloupe, Navajo winter melons, and a wide variety of vegetables and fruit trees. This year, they said they did not plant the same volume because of the stigma that is now associated with crops grown with potentially contaminated water. As a result, people are buying their produce elsewhere.

“People used to come from all over the rez to buy our corn,” she said. “But now we can’t grow everything we normally would because people might not buy it, so we just planted what we could.”

Additionally, the Etsittys had to give away their pigs and sell all of their sheep, livestock and horses because they simply did not have the food and water to maintain them.

“This has been stressful for everyone here,” said Bertha, with a tired smile. “This has been very stressful for us, but we do the best we can. This River is so important to us because we need that water. But with this contamination people don’t really trust the water anymore. My grandchildren ask, ‘Grandma, where are the peaches? Where are the squash?’ We don’t have any.”

The Dark Legacy of Mining”

Since the early 1990s, the residents of Silverton, Colorado, which had based its tourism on its historical ties to the mining industry, had vigorously rejected EPA efforts to list the area as a “Superfund site,” according to the Associated Press. Fearful that such a designation would impact the town’s tourism, Silverton and San Juan County fought federal funding and assistance, even though it would have allowed mitigation for the clean-up of toxic acid leakage and hundreds of other contaminants in what has been described as one of the “worst clusters of toxic mines” in the country.

In the subsequent decades, however, water pressure behind the cheap, poorly constructed bulkheads put in place by the now-defunct mining companies continued to build—until they inevitably burst open last year, creating an unprecedented environmental disaster. In February of this year, after national outcry over the spill, the city of Silverton and San Juan County reversed their position and asked the state of Colorado to declare the area a “disaster zone” to seek federal money for clean up.

On September 7, the EPA officially announced that Silverton will become a Superfund site under the official name of “Bonita Peak Mining District.”

RELATED: Activists, Tribes Hail EPA’s Superfund Designation for Gold King Mine

Even so, the tribe continues to suffer. Last month, the Navajo Nation Attorney General’s office hosted a workshop at the Shiprock Chapter House for local farmers and ranchers to assist them with filing their claims with the EPA. One by one, tribal members filed in and quietly took their seats in the small auditorium, hoping to get answers, legal advice—anything that might help them navigate the complicated, bureaucratic maze of a government that they feel has let them down too many times to count. The exhaustion and weariness from a year-long struggle to survive was palpable.

Ethel Branch, the attorney general for the Navajo Nation, had driven up from Window Rock to facilitate the workshop. Dressed in jeans and boots, Branch introduced herself to the small audience in Navajo. In English, she then explained that the tribe was offering this assistance out of recognition that many tribal members have no legal experience or representation and needed help with filing their claims.

Branch, who was born in Tuba City and grew up in Leupp, is a Harvard-trained lawyer and is barred in the Navajo Nation, Arizona, Oregon and Washington State. The suit against the EPA and the other defendants, she said, goes far beyond financial compensation.

“At bottom, the purpose of the litigation is to make the Navajo Nation and the Navajo people whole, to clean up our river, to restore our river to its role as a life giver and protector, and to shield us from the ongoing threat of future upstream sediment suspension and hard rock mine drainage and bursts,” Branch told ICTMN. “Our farmers and ranchers deserve to be able to continue pursuing their livelihoods undisturbed―livelihoods that trace us to our ancestors, going back to time immemorial. Our people also deserve to have the food, water and financial security they enjoyed prior to the spill.”

To that end, she says the tribe has suffered tolls on their mental, physical and spiritual health from which it will be difficult to recover. Gold King, she said, was yet another in a long list of environmental incursions on the Navajo people.

“We also want to send a strong message that the Navajo Nation is not a National Sacrifice Area,” Branch said. “Assaults on our land won’t go ignored, regardless of who commits them. This is our homeland—our sacred space—and our people will not leave it. Whatever happens to the land happens to us as a people. In the past the federal government has paid no heed to our timeless connection to our land. It has left it peppered with over 500 abandoned uranium mines and mills that continue to poison our land, our water, and our people. This is unacceptable and must stop. The filing of this lawsuit is our line in the sand saying that we will hold people accountable for their violations on Navajo land and of Navajo people.”

The Navajo Nation continues to struggle with the effects of uranium mining, among other issues related to resource extraction. (Photo: Suzette Brewer)

The Navajo Nation continues to struggle with the effects of uranium mining, among other issues related to resource extraction. (Photo: Suzette Brewer)

Branch echoes the sentiments of many tribal communities across the country who continue to suffer the deleterious effects of mining and other forms of resource extraction on their water sources and lands. Tribal scientists and environmental experts say that the primary difference between tribes and their non-Indian neighbors is that they are culturally, spiritually, historically, legally and physically connected to their lands and can be “sitting ducks” for ecological disasters.

Karletta Chief is an assistant professor and assistant specialist in the Department of Soil, Water and Environmental Sciences at the University of Arizona at Tucson. Chief, a member of the Navajo Nation from Black Mesa, became a co-principal investigator of a National Institutes of Health (NIH) grant to examine the exposures and risk perceptions following the Gold King Mine spill.

“It’s devastating to see the San Juan contaminated knowing all the ways our people use it,” says Chief, a graduate of Stanford University. “It just breaks my heart to hear how deeply wounded they are from the spill, not just financially but also spiritually and emotionally. It has definitely fueled me and driven me to do this work on behalf of our people.”

As a part of her NIH research, Chief has taken thousands of samples from the Navajo communities along the San Juan, including water from the river and soil from the banks and fields, as well as tap water and food, measuring varying river flows and testing for contaminants—chiefly, arsenic and lead. Additionally, she and her team of researchers have been conducting focus groups, as well as house-to-house interviews to assess the complexity of the impact of the spill on their lives.

In collaboration with the tribe, other investigators have also conducted blood and urine sampling of the Navajo residents to test for arsenic, mercury and heavy metal poisoning, the results of which are not yet completed. Other projects include a dietitian, a bio-statistician, a chemist and a social scientist, all working to establish the full measure of the disaster on the tribe.

“The object was to look at all the ways people might have been exposed and affected,” Chief said. “What we found is that there are 40 different ways that tribal members used the river. So it’s much more nuanced and complex than, say, a hiker, or someone who is using it for recreational purposes. That river is everything to these communities.”

Back in Shiprock, as the EPA claim workshop began to wind down, the simple human impact of the contamination of the San Juan was apparent. Frank John, a rancher who lives in Beclabito, had questions for the lawyers in attendance. He had filed a claim with the EPA last fall, he said, but gotten no response.

Frank John, a Navajo rancher, seeks information from attorneys in filing his EPA claim. (Photo: Suzette Brewer)

Frank John, a Navajo rancher, seeks information from attorneys in filing his EPA claim. (Photo: Suzette Brewer)

“Their lack of response is their response,” came the reply. “If they did not respond, then they have denied your claim.”

The attorney hired by the tribe to assist the attendees encouraged John to refile his claim online. But like many residents in his community, John said he has no internet, does not own a computer, and does not know how to use one, which puts him at a grave disadvantage in the modern era of instant technology.

After the workshop, John told ICTMN that after the spill, he hauled more than 250 gallons of water a day to water his cattle and sheep, to which he is now barely hanging on. He is tired and cannot understand why the EPA has ignored his claim. And he is more than a little suspicious of the federal government and its response to this and other environmental crises on the Navajo Reservation.

“Our fathers worked at the uranium mine—and they’re suffering,” he said. “And we didn’t cause this problem, but we have to live with it. And it’s ruined the river that I used to swim at when I was little, and I don’t go down there anymore.”

He stopped and looked away, wiping tears from his eyes.

“This is my home, and I’m not moving. The river is the most important thing. It’s sacred. It is our life.”