ࡱ> WZVg FbjbjVV .dr<r<:x%pp8@D4 .". 0 0 0 0 0 0 $!$hT    T i nnn N. n . nnnPItXn  0 n$X$n$nUrn\#T T     $p : Environmentalism Across Cultural Borders: Social and Economic Challenges for Native Nation Building and Cultural Survival in a Coal Economy By Sarah S Works, J.D. ABSTRACT: This case examines competing views about environmental protection strategy among predominantly white, mainstream environmental advocacy groups and two major Indian tribes in the American Southwest. This case illustrates the complexities associated with nation building that relies on funds generated by natural resources development, and the dangers that exist when strategies for environmental protection collide between cultures. Specifically, this case presents the controversial decision of the Hopi Tribe to ban the Sierra Club and other mainstream environmental groups from its Reservation in 2009 and describes economic factors related to a coal economy that contributed to that decision. 1. Background The Hopi Tribe has approximately 7000 tribal members, and a reservation of roughly one and a half million acres in northeastern Arizona. The Hopi Reservation is positioned like an island within the larger Navajo Reservation, which creates interesting challenges for inter-tribal resource management and cooperation. Much of the Hopi Reservation is comprised of elevated desert land, known as mesas, rising to over 8,000 feet above sea level. Hopi villages sit on areas known as First Mesa, Second Mesa, and Third Mesa, all of which are part of the enormous mesa formation known as Black Mesa, which stretches into both the Hopi and Navajo Reservations. In several parts of Black Mesa, dark, black coal is abundant on the ground. The seams of coal running throughout Black Mesa make it one of the most abundant sources of coal in the United States. Hopi people embrace an ethic of peace and goodwill, with deep religious traditions related to the place of people within the natural environment. Traditional ceremonial cycles are celebrated in Hopi villages throughout the year, and are tied to instructions of Maasaw, the creator and caretaker of Earth. According to these instructions, Hopi people are to strive toward a state of reverence and respect for all things on Earth, and to live in peace with everything. In the Hopi way, the entire world benefits from the Hopi way of life and the balance that is brought about by celebration of the traditional cycle of Hopi ceremonies. By preserving practices that embrace traditional methods of farming and simple ways of living, American values related to materialism and convenience are rejected. In this sense, the Hopi take on a key role in the natural connections needed for a healthy environment for all living things. Spiritual teachings handed down from generation to generation in the oral tradition protect sacred knowledge about the interdependence among Hopi traditional practices, the natural environment, and the health of all living things. Because of the sacred teachings of Maasaw regarding the connection of people to the natural world, the value of land to Hopi people is integrated into a worldview of interdependence, respect and peace. The particular piece of land designated by the United States government as the Hopi Reservation is home to several traditional Hopi villages dating back at least 2000 years, including Old Oraibi, considered by many to be the oldest continuously inhabited village in North America. On September 28, 2009, the Hopi Tribal Council took the controversial action of banning the Sierra Club, the Natural Resources Defense Council, the National Parks Conservation Association, the Grand Canyon Trust and any organizations affiliated with these groups (hereafter, the Advocacy Groups) from Hopi tribal lands. This Tribal Council action was the result of lawsuits filed by the Advoacy Groups that were destroying the Hopis Tribes ability to fund its basic governmental operations. This action shocked many people who know of the Hopi Tribes deep commitment to protecting the planet and natural ways of living on it in harmony with all things. How could it be that a Native American tribe with such deeply held environmental ethics would banish Advocacy Groups who claim to have similar goals? The controversy that surfaced pits the legal strategies of mainstream Advocacy Groups against the economic survival of an Indian tribe whose very existence is necessary, in the eyes of many, for the survival of the planet and all who live on it. 2. Coal Mining on Black Mesa In the 1960s, Peabody Coal Company began to mine coal on Black Mesa under the terms of leases with both the Navajo Tribe and the Hopi Tribe that were put in place by the Bureau of Indian Affairs without meaningful tribal consent. These leases have been the subject of much controversy, including claims that the tribes were tricked into the leases by an attorney hired by Peabody Coal Company, John Sterling Boyden, who claimed to be representing the interests of the Hopi Tribe. Nonetheless, strip-mining activities took place on Black Mesa for over thirty years before operations at Black Mesa Mine were shut down on December 31, 2005. To understand the 2005 shut down, it is important to look at economic factors of supply and demand. The demand for Black Mesa coal came from Mohave Generating Station, located near Laughlin, Nevada, on the Arizona/California border. Mohave Generating Station burned the coal mined on Black Mesa to create electricity that powers the electric grid for many major cities in the Western United States. To create electricity using coal, a generating station burns coal to produce heat that boils water. The high pressure steam that is created expands in a turbine to rotate the turbine shaft, which drives a generator. That generator produces electricity that is transmitted across power lines to the electric grid, which eventually connects the electricity to power homes and businesses. In the process of burning coal, toxic smoke is created and carries into the air carbon dioxide, sulfur dioxide, nitrogen oxide, carbon monoxide, mercury, and arsenic. These toxic emissions cause respiratory illness, cancer, and global warming. In addition, the small airborne particles that are released in the smoke create haze that obstructs visibility and cause chronic bronchitis and aggravated asthma. Due to these impacts on air quality and health, the Advocacy Groups filed a lawsuit in 1998 claiming that the operations at Mohave Generating Station violated the federal Clean Air Act. Ultimately, that lawsuit led to a legal agreement, known as a Consent Decree, by which Mohave Generating Station agreed to either install expensive pollution controls for the plant, or shutdown operations altogether. Due to the high cost of the pollution controls, Mohave Generating Station ceased operations in December, 2005. The shutdown of Mohave Generating Station caused the shutdown of Black Mesa Mine. Royalties from coal extracted at Black Mesa Mine had provided a large amount of the funds needed to run the Hopi tribal government for decades, and had employed hundreds of tribal workers. The abrupt end to mining activities, then, decimated both governmental funding for the Hopi Tribe and personal income for hundreds of tribal families who relied on their salaries to pay for food, housing, and the other necessities of life. After the shutdown of Mohave Generating Station and Black Mesa Mine, the Hopi Tribe was left with just one customer from coal. Although it is not owned by the Navajo Nation, this lone remaining customer is known as the Navajo Generating Station and supplies energy to the Phoenix metropolitan area and is located in Northern Arizona near the town of Page. The Navajo Generating Station uses coal produced from the Kayenta Mine, which is near the Black Mesa Mine and, like the Black Mesa Mine, is operated by Peabody Coal Company through lease agreements that pay royalties on coal produced to both the Navajo Nation and the Hopi Tribe. 3. Hopi Action Challenges by the Advocacy Groups to the operating permit for Kayenta Mine created questions about whether or not the Hopi tribal government would have revenues from selling coal from Kayenta Mine to the Navajo Generating Station in the future. In the eyes of many, the economic survival of the Hopi Tribe in the modern era was at issue. How could the tribal government continue to function without the revenue generated by selling coal to its last remaining customer? On Monday, September 28, 2009, the Hopi Tribal Council had enough of the litigation strategies of Advocacy Groups that would destroy the Hopi coal economy, and announced that the Sierra Club, the Natural Resources Defense Council, the National Parks Conservation Association, the Grand Canyon Trust and any organizations affiliated with these groups were no longer welcome on Hopi land. The Hopi Tribal Council made its announcement in a Tribal Council Resolution, approved with twelve Council Members in favor and none opposed, stating that these environmental groups intended to deprive the Hopi Tribe of markets for its coal resources and to take away coal revenues needed to sustain governmental service, provide jobs for tribal members and safeguard Hopi culture and tradition. The Hopi Tribal Council expressed its concern that the Tribes only remaining coal customer, Navajo Generating Station, was being threatened by the actions of the banned environmental groups, and such actions could lead to the total economic collapse of the tribe. (Navajo-Hopi Observer 2009). In the view of the Hopi Tribal Council, [t]he Mohave closure did little more than balance the politically expedient needs of these environmental organizations on the already impoverished backs of the Hopi and the Navajo peoplewithout providing any reasonable means of replacing the tribal revenues lost to the closure. (Navajo-Hopi Observer 2009). In addition to hurting the Hopi people, the Tribal Council stated a concern about the truth of information being spread by the banned environmental groups, stating that such groups have manufactured and spread misinformation concerning the water and energy resources of the Hopi Tribe in an effort to instill unfounded fears into the hearts and minds of the Hopi public. (Smith 2009). 4. The Navajo Response In a show of solidarity, Navajo Nation President Joe Shirley, Jr. voiced his support for the Hopi Tribes resolution declaring local and national groups unwelcome on tribal lands. I stand with the Hopi Nation, President Shirley said. Unlike ever before, environmental activists and organizations are among the greatest threats to tribal sovereignty, tribal self-determination, and our quest for independence. (Hardeen 2009). At the same time, President Shirley voiced his support for the positive goals of many environmental endeavors, including the Navajo Nation Natural Resources Protection Act of 2005, efforts of the Navajo Nation to create a green economy, and the recognition of the Navajo Nation Environmental Protection Agency for its 30 year partnership with the United States Environmental Protection Agency in the development of tribal environmental programs. (Hardeen 2009). In the view of President Shirley, [e]nvironmentalists are good at identifying problems but poor at identifying feasible solutions. Most often they dont try to work with us but against us, giving aid and comfort to those opposed to the sovereign decision-making of tribes. They support tribes only when tribes are aligned with their agenda, such as our opposition to renewed uranium mining in the Grand Canyon and on Native Land. (Hardeen 2009). The problem, as he saw it, is that the environmental groups banned from the Hopi Reservation did not care about, or make any accommodation for, the negative financial impact that their actions had on tribal families and tribal governmental programs. Environmentalist actions let to the demise of Navajo logging and the closure of our sawmill at Navajo, New Mexico but did nothing to replace the 600 jobs that were lost. Environmentalist actions led to the closure of Mojave Generating Station and the shutdown of the Black Mesa Mine but did nothing to replace the 400 paychecks that were lost or the tribal revenue that was not replaced. (Hardeen 2009). President Shirley voiced his concern that the Advocacy Groups banned on the Hopi Reservation were also targeting developments that would bring new revenue to the Navajo Nation. Now, environmentalists are doing all they can to prevent the development of the Desert Rock Energy Project, which includes misleading the public by saying Navajos oppose it and failing to mention it is the cleanest coal plan the EPA has ever evaluated, or that its twin is being build right now in Duisburg, Germany, one of the greenest countries in Europe. (Hardeen 2009). His central concern was that the actions of these environmental groups cause great harm on a practical level to the lives of Navajo people and would essentially prevent the Navajo Nation government from being able to take care of its tribal members with necessary governmental programs. In the words of President Shirley, The independence of the Navajo Nation is dependent on our financial independence, and our financial independence rests largely with the development of Desert Rock. Almost on a daily basis, our people die as a result of poverty which manifests as social problems like alcoholism, drunk driving, drug abuse, child neglect, child abuse, domestic violence, divorce, teen pregnancy, gangs and lethal violence. Poverty on Navajoland is rampant and one does not have far to look to see it. The solution is employment so our people can put a better roof over their heads, food on the table, shoes on little feet, improve the quality of their lives, and so our families can know the pride that comes from providing for their families now. (Hardeen 2009). How would you balance the financial needs for cultural survival against the need to comply with federal environmental laws that aim to protect air quality by limiting emissions from coal fired electric plants? Does the federal governments trust responsibility to manage and develop natural resources for Indian tribes require the federal government to advocate in favor of more or less coal mining? What responsibility do environmental advocacy groups have to consider the economic impacts of their legal strategies on the welfare of Indian people? References Hardeen, G. (2009) Navajos, Hopi stand in opposition to environmental groups. Navajo Nation Communications (October 1, 2009). Navajo-Hopi Observer (2009) Hopi Tribal Council bans environmental groups (September 28, 2009). Smith, M. (2009) Progressive Face-Off: Native American Tribes and Environmentalists at Impasse Over Coal. The Buzzflash Blog (October 7, 2009)  Copyright (2011) held by AV. Please use appropriate attribution when using and quoting this case. Cases are available at the Native Cases website at http://nativecases.evergreen.edu. This material is based upon work supported by the National Science Foundation under Grant No. 0817624. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the National Science Foundation.  Sarah Works is a lawyer and an educator. She is a former shareholder in the law firm of Williams & Works, P.A., and has served as the Attorney General for both the Hualapai Tribe and the Yavapai-Apache Nation.  See Brown, J. & Trahant, N. Should the Navajo Nation Build a Coal-Fired Power Plant? Enduring Legacies Native Cases website http://nativecases.evergreen.edu     PAGE  PAGE 1 67efp r u  ùù×ÁwmcYOh0JB*phh^0JB*phhn0JB*phhoJB0JB*phhV,0JB*phh0JB*phh|K00J>*B*phh|K00JB*phhf0J6B*phhn0J6B*phhn0JB*phhk:q0JB*phhnhl}jhn0JUhrhl}5hrhL5hrhd5hrh-57fq r ^_jkSTGH`gd?gdgdk:qgdn$a$gd88gdh$a$gdL?F[_iklRST$FHqtyz{|ù}sisi]h|K00J>*B*phh|K00JB*phh,\'0JB*phh]0JB*phhO$0JB*phh0JB*phh_50JB*phh.0JB*phh.V0JB*phh80JB*phhm0JB*phh?0JB*phhj0JB*phhz&0JB*phhLH0JB*phh0JB*ph"{| <= ""$$e'f'g'i'y'z'R)S)gdL.`gdckgd@gdk:q! ;=s !""""##h##$$ɿyooeeye[hL.0JB*phhwK0JB*phh( 0JB*phhx 0JB*phh3x:0JB*phhck0JB*phhE0JB*phh0JB*phh\/0JB*phhE"0JB*phhC0JB*phh*e0JB*phh@0JB*phhu'0JB*phh,\'0JB*phh,\'hu'0J>*B*ph $C%%%&&H&K&d'e'f'g'i'm'x'y'{'''(!(3(?(`(q(S)^)j)))))K*g*~****g+ùÊÊÊÊvlÊlblblbvhaq0JB*phh:%k0JB*phh'l=0JB*phhW-0JB*phh]0JB*phhD+0JB*phh|K0h10J>*B*phh|K00J>*B*phh|K00JB*phh$}H0JB*phh10JB*phhJ=0JB*phhT0JB*phh,\'0JB*phhP0JB*ph&S)**--..w0x000B2C24494:45566l8m8 9!9`gdck^gdT`gdTgdL.`gd]g+f,h,i,m,r,s---...h0v0w0x0z0{000+1C1/202@2B2444:4555566Żϻϱ둇}sssf\shg0JB*phh:%khaq0JB*phhaq0JB*phh320JB*phh320JB*phh:%k0JB*phh:%k0J>**󴥰00*󴳳0*Z0*+0*32*u0*0*g0*<0JB*ph#6[8k8l8889!9::::;;;;;&=>>>>>??g@@@Ϣώρwk_kSGhn0J6B*phhx 0J6B*phh}"0J6B*phh2M%0J6B*phh}"t0JB*phh|K0hE0JB*phhx0JB*phh 0JB*phh}"0JB*phh320JB*phjhc0JB*UphhT0JB*phhl0JB*phhx 0JB*phh( 0JB*phh32B*phhc0JB*ph!9::;;;;;;;>>>>??f@g@@@@ A AAgdMFA$a$gdMFAgd88gd@^gd `gdck^gdT@@ A A AAAWAAAAAAAAAAAAAAUBXB^B}B~BBB2CSC}D~DDDIESETEUEVEEEEǼǼϧǧǧǼ|x|njjh32jhJA+0JUhNIhkhoJBhnjhn0JUhThTB*phhT6B*phhMFAB*phhMFAhMFA6B*phhMFAhMFAB*phhTB*phhMFA0JB*phh32hMFA0J>*B*phhT0J>*B*phhMFA0J6B*ph)AAAA~BBBB|D}DTEUEEEEEEEEFFFFFFF &`#$gd3x:gdc$a$gdMFAgdMFAEEEEEEEEFFFFF F FFFFFFFFFFFFhMFAB*phhPS0JmHnHu hJA+0JjhJA+0JUjh#Uh#hJA+hoJBFFFFFF$a$gdMFA &`#$gd3x:,1h/ =!"#$% ^ 666666666vvvvvvvvv666666>6666666666666666666666666666666666666666666666666hH6666666666666666666666666666666666666666666666666666666666666666662 0@P`p2( 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p8XV~_HmH nH sH tH @`@ NormalCJ_HaJmH sH tH DA`D Default Paragraph FontRiR  Table Normal4 l4a (k (No List 8O8 88apple-style-span4 @4 3x:Footer  !.)@. 3x: Page Number>@"> < Footnote TextCJaJ@&`1@ <Footnote ReferenceH*6U`A6 n0 Hyperlink >*B*phH@RH Q0 Balloon TextCJOJQJ^JaJNoaN Q0Balloon Text CharCJOJQJ^JaJPK![Content_Types].xmlN0EH-J@%ǎǢ|ș$زULTB l,3;rØJB+$G]7O٭V$ !)O^rC$y@/yH*񄴽)޵߻UDb`}"qۋJחX^)I`nEp)liV[]1M<OP6r=zgbIguSebORD۫qu gZo~ٺlAplxpT0+[}`jzAV2Fi@qv֬5\|ʜ̭NleXdsjcs7f W+Ն7`g ȘJj|h(KD- dXiJ؇(x$( :;˹! I_TS 1?E??ZBΪmU/?~xY'y5g&΋/ɋ>GMGeD3Vq%'#q$8K)fw9:ĵ x}rxwr:\TZaG*y8IjbRc|XŻǿI u3KGnD1NIBs RuK>V.EL+M2#'fi ~V vl{u8zH *:(W☕ ~JTe\O*tHGHY}KNP*ݾ˦TѼ9/#A7qZ$*c?qUnwN%Oi4 =3N)cbJ uV4(Tn 7_?m-ٛ{UBwznʜ"Z xJZp; {/<P;,)''KQk5qpN8KGbe Sd̛\17 pa>SR! 3K4'+rzQ TTIIvt]Kc⫲K#v5+|D~O@%\w_nN[L9KqgVhn R!y+Un;*&/HrT >>\ t=.Tġ S; Z~!P9giCڧ!# B,;X=ۻ,I2UWV9$lk=Aj;{AP79|s*Y;̠[MCۿhf]o{oY=1kyVV5E8Vk+֜\80X4D)!!?*|fv u"xA@T_q64)kڬuV7 t '%;i9s9x,ڎ-45xd8?ǘd/Y|t &LILJ`& -Gt/PK! ѐ'theme/theme/_rels/themeManager.xml.relsM 0wooӺ&݈Э5 6?$Q ,.aic21h:qm@RN;d`o7gK(M&$R(.1r'JЊT8V"AȻHu}|$b{P8g/]QAsم(#L[PK-![Content_Types].xmlPK-!֧6 0_rels/.relsPK-!kytheme/theme/themeManager.xmlPK-!0C)theme/theme/theme1.xmlPK-! ѐ' theme/theme/_rels/themeManager.xml.relsPK] 2>wz>d $$$'$g+6@EF$&()+,.0S)!9AFF%'*-/1  '!!8@0(  B S  ? ܀ ݀ ހ ߀        f f A V! >  s s N p! > 8*urn:schemas-microsoft-com:office:smarttagsCity9*urn:schemas-microsoft-com:office:smarttagsState8*urn:schemas-microsoft-com:office:smarttagsdateB *urn:schemas-microsoft-com:office:smarttagscountry-region9 *urn:schemas-microsoft-com:office:smarttagsplace # 122005200928319DayMonthYear    3 : 2*9*, ,=,M,--]0d0225566 99]:f:::g=n=========>>>> >>>> >fit%%&&i(v(1*@*,,--'/2/\0k02266 9X99V::=====>>>>> >33333333333333399::U=W=======>>>>> >99::U=W========>>>>> >wKt)C3[zJ= ( N  l~ *^H \/u']z-)nx9 <oQBy E"}"#P#$2M%z&,\'(D+JA+,V,W-L.F{/|K0Se12_5oz6d 888h8{w:3x:i;'l=)P?MFAoJBDGDOFfH$}HNIPST>AT.V%rWf_Z)\FS\@]]^Z^cc; e*efsh:%kck5lmnnnk:qh.r}"twvn {}8S.ZL1@O@Pyg?d] -S4czOZo9L`sLHkS<[ BdgWrEO$&l}/+aqPx uif-32lE2J_?sq)j H2o>l}::@>p@UnknownG*Ax Times New Roman5Symbol3. *Cx Arial5. .[`)TahomaA$BCambria Math"1ho&1j1j!24d:d:3HP ?2!xx  Hopi Tribe vs WW Law LaptopWendyOh+'0T     (4<DLHopi Tribe vsWW Law LaptopNormalWendy2Microsoft Office Word@F#@yEkf@6Ֆt@6Ֆt1՜.+,0 hp  Williams & Works, P.A.jd: Hopi Tribe vs Title  !"#$%&'()*+,-./012456789:;<=>?@ABCDEGHIJKLMOPQRSTUXY\Root Entry FMt[1Table3$WordDocument .dSummaryInformation(FDocumentSummaryInformation8NMsoDataStoreptPIt2JMUF3LJDXA==2ptPItItem PropertiesUCompObj r   F Microsoft Word 97-2003 Document MSWordDocWord.Document.89q