Letter: OSM ruling won't correct the past 25 years

To the editor,

The petition by 40 individual Hopi and Tewa people (Kendall Nutumya, et. al) challenging the U.S. Office of Surface Mining (OSM) decision approving the Black Mesa Project Environmental Impact Statement, Alternative B was the only motion upheld by the DOI Administrative Law Judge Robert G. Holt.

All other motions for dismissals and motions for summary disposition was denied. This means the Nutumya petitioner won, not the organizations patting themselves on the back and getting all the credits. They did, however, contribute to the favorable decision and for that they deserve our gratitude.

Judge Holt's ruling, although a great victory, falls short of correcting 25 years of violations of the National Environmental Policy Act (NEPA) and Surface Mining Control and Reclamation Act (SMCRA) laws by OSM officials who are captured by Peabody.

Remanding the EIS back to OSM will not cure years of abuse, unless the Department of Interior Secretary is persuaded to abandon the current EIS and order a brand new EIS if Peabody decides to submit yet another revised application to secure rights to develop all coal reserves on Black Mesa Mine. No more revisions or supplemental statements. Any future EIS must start with a clean slate, this time with genuine participation by the stakeholders.

The Nutumya petitioners are represented by a private attorney, David Abney and assisted by Sean Gnant and law students at UCLA Environmental Law Clinic under the guidance of Sean Hecht, and Victor Masayesva Jr., who representative certain members of the Coyote Clan.

Black Mesa Trust did not file a challenge instead we chose to provide advice, research and logistical support to the Nutumya respondents and their attorneys.

Vernon Masayesva

Kykotsmovi, Ariz.

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