[Bhpbilliton] Judge Suspends Navajo Mining Permit

[Andy Whitmore]

Judge Suspends Navajo Mining Permit
//
Mireya Navarro
/
New York Times (Green Blog)

1 November  2010
/
In a significant legal victory for Navajo campaigners, a federal judge 
has voided a permit for the expansion of one of two operating mines on 
the Navajo reservation, calling for a more thorough review of the 
project's impact on the environment and on cultural sites.

In a decision issued Friday, Judge John L. Kane of United States 
District Court for the District of Colorado ordered the federal Office 
of Surface Mining Reclamation and Enforcement, part of the federal 
Department of Interior, to reassess the proposed expansion of the Navajo 
Mine on tribal land in New Mexico.

The agency granted the permit for the expansion of mining by 4,800 acres 
in 2005 after an environmental assessment found that the proposal would 
have no significant environmental impact.

Navajo groups have long complained of lax oversight of coal operations, 
one of the largest sources of revenue for the Navajo Nation government. 
Judge Kane said the federal agency did not comply with the requirements 
of the National Environmental Policy Act to fully assess potential 
environmental, cultural and economic effects, like disturbing burial 
grounds or having to relocate residents.

The judge also ordered "meaningful public notice," like radio ads in 
both English and Navajo, to ensure public participation in decisions on 
mine permits.

The Navajo Mine, operated by BHP Billiton, feeds the Four Corners Power 
Plant, also on Navajo land in New Mexico. The federal Environmental 
Protection Agency deems Four Corners one of the most polluting 
coal-fired power plants in the nation and recently announced that it 
planned to require the plant to install $717 million in pollution 
controls to curb emissions.

Friday's court decision came in response to a lawsuit filed by two 
conservation groups, the San Juan Citizens Alliance and Dine Citizens 
Against Ruining Our Environment. Brad Bartlett, their attorney, said the 
decision amounted to "a significant rebuke of the federal agency charged 
with protecting communities, land and water from the harms of Western 
coal mining."

"This whole area has been utilized for thousands of years by indigenous 
people," said Mr. Bartlett, a lawyer at the nonprofit Energy Minerals 
Law Center in Durango, Colo. "This is where people have buried kin."

The decision "sends a very clear signal that it's time for this agency 
to do its job," he added.

Christopher J. Holmes, a spokesman for the federal Office of Surface 
Mining Reclamation and Enforcement, said the agency's legal staff was 
reviewing the decision "and of course, we intend to follow the law." He 
said he could not answer for decisions made under the previous 
administration and that the agency's current leadership had met with 
tribal leaders and "we take our duties very seriously."

Officials from BHP Billiton said in a statement that they were reviewing 
the judge's order and had temporarily suspended mining operations in an 
area covered by the disputed permit.

"At this time, BHP Billiton does not know the specific impacts this 
decision may have on Navajo Mine," the statement said.


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