Judge says environmental studies followed the law and that the government has the right to err on the side of caution
FRISCO — A 20-year ban on uranium mining on lands surrounding the Grand Canyon withstood a legal challenge from industry interests and local governments this week, as U.S. District Court Judge David Campbell ruled in favor of the federal government.
“The Court can find no legal principle that prevents DOI from acting in the face of uncertainty. Nor can the Court conclude that the Secretary abused his discretion or acted arbitrarily, capriciously, or in violation of law when he chose to err on the side of caution in protecting a national treasure – Grand Canyon National Park,” Campbell wrote in his Sept. 30 ruling that dismissed the lawsuit.
Salazar announced his intent to withdraw the lands in 2009 and the decision was finalized in 2012 after extensive studies to assess the potential impacts to the environment. Overall, the reviews showed that there was low risk for serious contamination of water sources, but that the consequences could be serious.
A U.S. Geological Survey study found water from 15 springs and five wells in the region where dissolved uranium concentrations exceeded EPA maximu concentrations for drinking water. The agency was uncertain whether these concentrations resulted from mining, natural processes, or both.
The USGS also found that floods, flas floods, and debris flows caused by winter storms and intense summer thunderstorms transported substantial volumes of trace elements and radionuclides, and that fractures, faults, sinkholes, and breccia pipes occur throughout the area and are potential pathways for downward migration of contaminants.
Conservation groups and Arizona’s Havasupai Tribe praised the decision.
“The Havasupai support the withdrawal of the lands from mining for the protection of our homes and our water. The ruling today by Judge Campbell recognizes the unique and important resources on the lands south of Grand Canyon that are our aboriginal homelands and within the watershed that feeds our springs and flows into our canyon home,” said Havasupai Chairman Rex Tilousi.
The tribe and conservation helped to defend Interior’s decision to protect Grand Canyon’s springs and creeks, wildlife and vistas from new toxic uranium-mining pollution. The groups and tribe were represented by public-interest law firms Earthjustice and Western Mining Action Project.
“The lands surrounding Grand Canyon are full of natural beauty,” said Ted Zukoski, an Earthjustice staff attorney who helped represent the groups in the lawsuit. “The life-giving waters and deer, elk, condors, and other wildlife found there deserve protection from the toxic pollution and industrialization threatened by large-scale uranium mining. That is why it was critical to defend these lands from this self-serving attack by the uranium industry.”
The mining industry lawsuit asserted that the Interior Department’s exhaustive, 700-page evaluation of environmental impacts was inadequate.
“The court’s ruling affirms conclusions by five federal agencies, including scientists from the U.S. Geological Survey,” said Grand Canyon Trust’s Roger Clark. “Uranium mining poses unacceptable risks to Grand Canyon’s water, wildlife, and people. It should be permanently banned from our region.”
One of the great symbols of the American West, Grand Canyon was first protected as a national monument by Theodore Roosevelt in 1908, and is surrounded by millions of additional acres of public lands that include wilderness areas, two national monuments, lands designated to protect endangered species and cultural resources, and old-growth ponderosa pine forests.
The canyon area is also home to the Havasupai, Kaibab Band of Paiutes, Hualapai and Navajo tribes and has been designated a World Heritage site. The greater Grand Canyon region attracts about five million tourists and recreationists per year.
Interior’s study of the mining time-out showed that, without the withdrawal, 26 new uranium mines and 700 uranium exploration projects would be developed, resulting in more than 1,300 acres of surface disturbance and the consumption of 316 million gallons of water.
Under the ban, existing mine operations are projected to have about one-tenth of the surface impacts and one-third the water usage over a 20-year period. If new uranium mining were allowed, uranium levels in some springs could rise to twice the level of Environmental Protection Agency (EPA) drinking water standards and aquifers could be severely depleted, endangering public health and wildlife, and compromising the values of the tribes who consider the springs sacred.
The uranium mining companies have 60 days to appeal Judge Campbell’s decision to the Ninth Circuit Court of Appeals and are likely to do so, given their past statements.
“If the mining companies do appeal, we’ll be there to defend the Secretary’s – and Judge Campbell’s – prudent decisions,” said Zukoski.
Big Cypress National Preserve closes some motorized backcountry routes in response to environmental lawsuit
By Bob Berwyn
FRISCO —Florida panthers will get at least a temporary reprieve from dirt bikes and off-road vehicles, as the National Park Service agreed to cut motorized in Big Cypress National Preserve.
The agreement with conservation groups requires the park service to close an extensive network of motorized secondary and user-created trails until it conducts an environmental analysis. The park service must also work with the U.S. Fish and Wildlife Service to ensure protection for panthers and other rare species in the area. Continue reading
Filed under: biodiversity, endangered species, Environment, national parks, public lands | Tagged: Big Cypress National Preserve, Florida panther, National Park Service, OHV use, public lands | Leave a comment »
‘Stealth’ bill pending in House after passing committee without a hearing
By Bob Berwyn
FRISCO — In a classic bit of stealth lawmaking, House Resources Committee chairman Doc Hastings (R-WA) last month opened the door for more widespread recreation day use fees on federal lands.
Without a committee hearing, Hastings sent HR 5204 (The Federal Lands Recreation Enhancement Modernization Act of 2014) to the floor of the House, where it could, according to critics, become law without any public hearing at all as a rider to a budget bill. Continue reading
Missing chunk of sauropod leg bone spurs investigation
FRISCO — Dinosaur National Monument rangers are trying to track down information related to recent fossil damage and theft on the Fossil Discovery Trail. A tour leader first reported the damage to the large fossilized sauropod leg bone Sept. 2.
Rangers are requesting that anyone with information on the fossil damage to contact the monument at (435) 781-7715. A $750 reward will be provided for information that leads to a conviction. Continue reading
Slots for non-commercial guided tours up for grabs through early October
FRISCO — Strict limits on snowmobiling in Yellowstone National Park mean access is by permit only, and those permits are now available via a lottery, with spots available for non-commercially guided snowmobile trip into Yellowstone National Park this winter. Applications can be submitted online at http://recreation.gov through October 3, 2014. Continue reading
A little taste of high country heaven
FRISCO — Dylan and I had a chance to visit Rocky Mountain National Park as part of the crowdfunded Climate Ranger project, meeting with a team of scientists who are monitoring conditions in the park’s alpine tundra as part of the Colorado Natural Heritage Program. The monitoring is part of a global program aimed at trying to track climate-induced changes with long-term data, because we won’t know what climate change is doing unless we study it closely. We’ll do more reporting on this topic in the next few days, but for now, a few pics from the Park. Click on the panos to see the full-size versions. Continue reading
Some park lands seen as potential safe harbors from global warming
FRISCO — Scientists zooming in on the potential impacts of global warming found that up to 25 percent of the lands managed by the National Park Service in the U.S. are vulnerable to vegetation shifting up slope and northward. The findings, published in the journal Global Change Biology, show that habitat loss from the development of roads and other urbanization, agriculture and deforestation makes ecosystems more vulnerable to climate change.
“We already established that climate change and habitat loss affect national parks, but this scientific study links these negative effects and identifies just how much of the landscape is at risk,” National Park Service Director Jonathan B. Jarvis said. “The good news is that the study also identified areas of biodiversity that are refuges and wellsprings for species.” Continue reading