US Update

US Update

14th March 2006

A new report, commissioned by the US Congress, recommends coping with the fast-growing problem of coal ash (fly ash) from power plants, by dumping it in mines. Already in the US nearly 40% of these potentially toxic wastes are incorporated into cement and industrial products; most of the remainder goes into landfill.

Now the industry, backed by the National Academies (NA), is claiming that using coal ash as mine "infill" constitutes "reclamation".

Yet, admittedly little is known about the potential mine in-filling has, to adversely impact ground and surface waters over long time periods. So, the NA assessed potential risks by examining data on adverse environmental effects from surface impoundments and landfill sites. (Rather - one might think - like using mice to assess toxicity in humans.)

Not surprisingly, the NA has found that adverse environmental impacts can occur when coal ash containing toxic chemicals has "contact with water or when the residues are not properly covered." So it's recommending that minefills are designed to "minimise" movement of water through residues.

This hardly seems adequate - let alone in conformity with the basic precautionary principle.

Nor does it square with the urgent necessity to reclaim existing coal mines, and clean up existing watersheds: a measure which could cost nearly US$4 billion in Pennsylvania alone.

The Western Shoshone have secured a victory at the United Nations in their decades-long struggle to prevent the US federal government and mining companies ravaging their treaty land, across four states. The government now has until mid-July to report back on the action it has taken.

In southern California, four men have been convicted of "recycling" aluminium - twice over in some cases! The verdict is meant to send a signal to others tempted to commit similar frauds.

However, one might ask whether the alumininum industry itself hasn't been guilty, over many years, of a confidence trick - by claiming that it's squeaky "green."

Group pushes for more mine-cleanup funds

by A.J. Panian, TRIBUNE REVIEW, Pennsylvania

13th March 2006

Pennsylvania's $21 million share of federal money to clean up abandoned mines is too little to solve a widespread problem, according to a reclamation group. At that rate of spending, it would take about 200 years to erase Pennsylvania's abandoned mine legacy, said Bruce Golden, regional coordinator for the Western Pennsylvania Coalition for Abandoned Mine Reclamation.

"That's almost as long as the United States has been a country," said Golden, whose Greensburg, Westmoreland County-based organization is an alliance of 24 county conservation districts and other agencies. "I'm a patient man, but that's ridiculous."

The U.S. Office of Surface Mining estimates Pennsylvania has more than $1 billion worth of unfunded high-priority reclamation problems. That does not include watershed contamination problems that the agency estimates could require as much as $3.6 billion to address.

About 1.4 million Pennsylvanians live within a mile of such sites, and they must urge federal lawmakers to fight for more money, said Bev Braverman, executive director of Mountain Watershed Association, which fights to remedy acid mine discharges in Western Pennsylvania.

Of immediate concern is the June 30 deadline for Congress to reauthorize the fund. The fund requires mine operators nationwide to pay a tax on each ton of coal produced.

Since 2004, Congress has approved two one-year extensions. State officials hope for a longer extension that would provide more money to states.

"We want to be able to know the money is secure well into the future, but we also want a plan that allows usto deal with this problem in years rather than in decades," said Tom Rathbun, spokesman for the state Department of Environmental Protection.

Disagreement between U.S. Rep. Barbara Cubin, R-Wyoming, and lawmakers from eastern states has been a major obstacle to passing the legislation. Cubin has been pushing a bill that would reduce the per-ton fee for coal producers.

Wyoming produces more coal than any other state and gets the most money from the fund. Pennsylvania and West Virginia have declining coal production and the most abandoned mine land.

"We want to keep this issue on the front burner," said Ronald J. Rohall, vice chairman of the Westmoreland Conservation District. "We do have the largest amount of abandoned coal mine sites of any state in the nation."

The Eastern Pennsylvania Coalition for Abandoned Mine Reclamation has compiled a program about abandoned mine sites in the state, said John Dawes, administrator of the Western Pennsylvania Watershed Program.

The "Geographic Systems Inventory" lists sites by their acreage, reclamation status and the priority placed on reclaiming them, Dawes said. It also shows mine drainage, dangerous high walls, water-filled pits, landslides, underground fires, stream impoundment and subsidence.

"The inventory demonstrates visually, rather than just as a listing, the magnitude of the problem here," Dawes said.

Rohall said he'd like to see Congress extend the mine-cleanup program for at least 20 years.

Rathbun said the state must be prepared to find money on its own.

"We're not going to wait around for federal money to continue addressing these problems. We're looking at other options," Rathbun said.

Federal Standards Needed for Refilling Mines with Coal Ash

by ENS, WASHINGTON, DC

3rd March 2006

Coal combustion in the United States leaves behind enough coal ash residue to fill a million railroad coal cars each year, and the volume continues to grow along with rising energy demands and improved pollution control measures.

Filling mines with those residues is a viable way to dispose of these materials, provided they are placed so as to avoid adverse health and environmental effects, says a new congressionally mandated report from the National Academies' National Research Council. Enforceable federal standards are needed to guide the placement of coal ash in mines to minimize health and environmental risks, the report says.

The residues left after coal is burned to generate power - called coal ash - consist of noncombustible coal matter and material trapped by pollution control devices.

Most of this ash is disposed of in landfills and surface impoundments, but it is increasingly being used in mine reclamation. In addition, about 38 percent of the residues are currently used to make cement, wall board, and other products.

The report encourages the continued use of some residues in industrial applications as a way to reduce the amount requiring disposal.

"Because the amount of coal combustion residues is large and increasing, we should pursue productive uses for them," said Perry Hagenstein, chair of the committee that wrote the report and president of the Institute for Forest Analysis, Planning, and Policy in Wayland, Massachusetts.

"When such uses are not feasible, putting residues in mines as part of reclamation provides an alternative to landfills and surface impoundments, although potential health and environmental risks must be addressed," he said.

The residues provide filler for mine reclamation efforts that restore land use conditions at a site, and putting these residues in mines lessens the need for new landfills. The residues may also neutralize acid mine drainage, lessening the potential for some contaminants from mines to enter the environment, the committee said.

Little is known about the potential for minefilling to adversely impact groundwater and surface water over long time periods. Because information from minefilling sites is limited, the committee assessed potential risks by examining data on adverse environmental effects from surface impoundments and landfill sites.

They found that adverse environmental impacts can occur when coal ash containing toxic chemicals has contact with water or when the residues are not properly covered. The report recommends that minefills be designed so that movement of water through residues is minimized.

The committee recommends improved characterization of mine sites and of the residues before they are placed into mines - testing the potential for hazardous chemicals to leach into the environment, and developing a clear understanding of groundwater flow patterns in mine sites.

The report also recommends a stronger monitoring program for mine sites where coal residues have been placed.

Under the federal Surface Mining Control and Reclamation Act, states are responsible for regulating the management of coal combustion residues during mine reclamation. While general enough to cover putting residues in mines, the Act does not specifically regulate the practice, leading some states to say they lack the power for more explicit regulation.

The committee recommended development of enforceable federal standards that would give the states such authority, while allowing sufficient flexibility for adapting requirements to local conditions.

US found guilty of violating Shoshone human rights

Western Shoshone were victorious Friday at UN, as the US was found in violation of human rights of Native Americans and urged to take immediate action

by Spero News

10th March 2006

Bernice Lalo says the Shoshone Nation is being "threatened by extinction." But a landmark decision Friday by a UN committee is causing some Western Shoshone's to have hope,

The United States was urged to "freeze", "desist" and "stop" actions being taken or threatened to be taken against the Western Shoshone Peoples of the Western Shoshone Nation, in a Friday decision by the UN Committee on the Elimination of Racial Discrimination (CERD). The U.S. has until July 15, 2006 to provide the UN committee with information on the action it had taken.

This action challenges the US government's assertion of federal ownership of nearly 90 percent of Western Shoshone lands.

"The mines are polluting our waters, destroying hot springs and exploding sacred mountains-our burials along with them--attempting to erase our signature on the land," says Lalo. "We are coerced and threatened by mining and Federal agencies when we seek to continue spiritual prayers for traditional food or medicine on Shoshone land."

According to Lalo, "We have endured murder of our Newe people for centuries, as chronicled in military records, but now we are asked to endure a more painful death from the U.S. governmental agencies -- a separation from land and spiritual renewal."

The decision expressed particular concern that the U.S.' basis for claiming federal title to Western Shoshone land rests on a theory of "gradual encroachment" through a "compensation" process in the Indian Claims Commission.

Joe Kennedy, also a Western Shoshone insists that "we have rights to protect our homelands and stop the destruction of our land, water, and air by the abuses of the United States government and the multinational corporations. He says "the situation is outrageous and we're glad the United Nations Committee agrees with us."

"Our people have suffered more nuclear testing than anywhere else in the world and they're continuing underground testing despite our protests. Yucca Mountain is being hollowed out in order to store nuclear waste. We cannot stand for it," Kennedy claims, adding "this earth, the air, the water are sacred. People of all races must stop this insanity now in order to secure a safe future for all."

The decision is historic in that it is the first time a United Nations Committee has issued a full decision against the U.S. in respect to its highly controversial Federal Indian law and policy.

CERD stressed the "nature and urgency" of the Shoshone situation informing the U.S. that it goes "well beyond" the normal reporting process and warrants immediate attention under the Committee's Early Warning and Urgent Action Procedure.

The land base covers approximately 60 million acres, stretching across what is now referred to as the states of Nevada, Idaho, Utah and California.

Western Shoshone rights to the land -- which they continue to use, care for, and occupy today -- were recognized by the United States in 1863 by the Treaty of Ruby Valley. The U.S. now claims these same lands as "public" or federal lands through an agency process and has denied Western Shoshone fair access to U.S. courts through that same process.

The land base has been and continues to be used by the United States for military testing, open pit cyanide heap leach gold mining and nuclear waste disposal planning. The U.S. has engaged in military style seizures of Shoshone livestock, trespass fines in the millions of dollars and ongoing armed surveillance of Western Shoshone who continue to assert their original and treaty rights.

"While others are allowed the freedom of religion, we are kept from the very same right. The Newe (people) use this ancestral land for sacred ceremonies. The federal agencies prevent our access to some of these important areas. Our ancestors' burials are being dug up and placed into local museums' basement storage areas because of surge of gold mines and nuclear developments. This is an outrage to our people," said Judy Rojo. "We pray for the healing of our peoples, the land and the harassment and destruction to stop."

Steven Brady, also a Western Shoshone, said that "this battle has been going on for quite some time, but we've seen a dramatic increase in the federal government and the companies' rush to finalize what they consider a settlement in order to get a hold of our lands for activities that are contaminating our water and our air."

Based upon these actions and a dramatic escalation of new actions threatening irreparable harm to Western Shoshone and their environment, last year, with the support of the Univ. of Arizona Indigenous Law and Policy Program, the Western Shoshone filed a renewed legal action at the United Nations CERD.

In addition to evidence, the Western Shoshone delegation also delivered over 13,000 signatures from citizens across the United States of America supporting the Western Shoshone action to CERD. This petition was a result of a campaign organized by the rights-based development organization Oxfam America to demonstrate the widespread concern for the Western Shoshone peoples to the United Nations.

CERD rejected the U.S.' argument that the situation was not "novel" and therefore should wait to be reviewed until the U.S. submits its Periodic Report -- past due since 2003.

The Committee informed the U.S. that "(a)lthough these are indeed long-standing issues...they warrant immediate and effective action... (and) should be dealt with as a matter of priority." The United States was "urged to pay particular attention to the right to health and cultural rights of the Western Shoshone...which may be infringed upon by activities threatening their environment and/or disregarding the spiritual and cultural significance they give to their ancestral lands."

CERD presented its decision to the Western Shoshone this morning. The decision details the U.S.' actions against the Western Shoshone and calls upon the United States to immediately:

-- Respect and protect the human rights of the Western Shoshone peoples;

-- Initiate a dialogue with the representatives of the Western Shoshone peoples in order to find a solution acceptable to them, and which complies with their rights;

-- Adopt the following measures until a final decision or settlement is reached on the status, use and occupation of Western Shoshone ancestral lands in accordance with due process of law and the U.S.' obligations under the Convention;

-- Freeze all efforts to privatize Western Shoshone ancestral lands for transfer to multinational extractive industries and energy developers;

-- Desist from all activities planned and/or conducted on Western Shoshone ancestral lands;

-- Stop imposing grazing fees, livestock impoundments, hunting, fishing and gathering restrictions and rescind all notices already made.

The decision highlights that this same process was found by the Inter-American Commission on Human Rights to violate "international human rights norms, principles and standards that govern determination of indigenous property interests."

When the U.S. last appeared before the Committee in 2001, Committee members expressed alarm and concern that U.S. laws regarding indigenous peoples continue to be based on the outdated, colonial era "doctrine of discovery."

The decision issued today demonstrates a solid commitment by the United Nations human rights system to make the Western Shoshone's struggle a priority. Whereas indigenous peoples have been active at the United Nations for several decades, the decision today also brings a breath of hope to indigenous communities across the U.S. and globally where the negative effects of U.S. policy and influence reach. In its decision, the Committee drew particular attention to its General recommendation 23 (1997) on the rights of indigenous peoples, in particular their right to own, develop, control and use their communal lands, territories and resources.

"The Western Shoshone Nation is very thankful to the Committee members for their decision affirming U.S. discrimination and destructive policies do not go on unaccounted for. Truth is what it is -- that can never change," said Judy Rojo.

Southern California Recycling Fraud Ring Busted

by ENS, SACRAMENTO, California

13th March 2006

Four Southern California men have been charged with defrauding the state's beverage container recycling program by using their recycling center to falsely redeem more than $6 million worth of ineligible cans and bottles.

"These con artists stole millions of dollars from California's recycling program, which is nationally renowned for its success in getting consumers to recycle more bottles and cans," said California Attorney General Bill Lockyer. "This kind of fraud endangers the program's great success, and I will prosecute lawbreakers to the fullest extent."

The Environmental Crimes Unit of the DOJ's Bureau of Investigation arrested two of the men earlier this month, while two others are still at large.

The arrests are the result of an investigation that began in 2004. The scheme involved Alameda Metal Recycling, a Los Angeles based recycling center owned by D. Robert Schwartz, run by Santos Saenz and associates Jose De Luna and Jose Freddie De Luna, that allegedly was used to launder large amounts of ineligible materials to defraud the container recycling fund.

The alleged fraud was accomplished in two ways. First, ineligible containers transported from outside California were brought to Alameda Metal Recycling and then transferred to Bestway Recycling, a certified processor, for redemption of California Redemption Value (CRV).

Second, previously redeemed material was brought to Alameda Metal Recycling and was immediately transferred to Bestway for a second, illegal CRV reimbursement.

Saenz, 38, was arrested and is being held at the Los Angeles County Jail on a five million dollar bail. Jose Freddie De Luna, 23 was arrested in Desert Hot Springs and is being held at the Riverside County Jail in Indio on five million dollars bail.

All four men are charged with four felony counts of grand theft, recycling fraud and conspiracy. Agents also seized more than $50,000 in cash, two handguns, numerous semi-trucks, trailers and personal vehicles.

"Recycling is important for California because it saves energy, provides valuable raw materials and conserves our natural resources," said Bridgett Luther, director of the Department of Conservation, which oversees the state's beverage container recycling program. "We take recycling fraud seriously and applaud the efforts of law enforcement officials to make sure that those who cheat the system face the consequences of their actio