Right call (but late) on Sand Creek Massacre exhibit

 

History Colorado has made the right decision by closing, temporarily at least, its exhibit on the Sand Creek Massacre while officials consult with the Cheyenne and Arapaho tribes. We’re just sorry it had to come to this.

By The Denver Post Editorial Board
August 30, 2013

 

The clear lesson from this episode is that museum officials should have reached out earlier to the tribes and given them fuller opportunities to voice their concerns.

And their concerns, outlined in reporting by Westword’s Patricia Calhoun over the last several months, were many.

The History Colorado Center closed its Sand Creek Massacre exhibit earlier this year while it consults with tribal families. (Brennan Linsley, The Associated Press)
The History Colorado Center closed its Sand Creek Massacre exhibit earlier this year while it consults with tribal families. (Brennan Linsley, The Associated Press)

First, the very name of the exhibit, “Collision: The Sand Creek Massacre,” was offensive to many tribal members, who believed the event was being portrayed as an inevitable clash of cultures rather than an indefensible massacre.

On Nov. 29, 1864, U.S. Army soldiers led by Col. John M. Chivington attacked a village along Sand Creek in southeastern Colorado. Soldiers savagely butchered more than 160 Cheyenne and Arapaho, the bulk of them women, children and the elderly.

The massacre was defended at the time as revenge for Indian attacks on white settlers, including the bloody murders and mutilations of a family near present-day Elizabeth.

Nevertheless, a congressional commission later labeled the Sand Creek attack as “foul, dastardly and cruel.”

One of the most damning eyewitness accounts of the massacre came not from the survivors, but from Capt. Silas Soule, who wrote to Gen. Edward Wynkoop afterward.

“I tell you Ned it was hard to see little children on their knees have their brains beat out by men professing to be civilized,” Soule wrote. “One squaw was wounded and a fellow took a hatchet to finish her, and he cut one arm off, and held the other with one hand and dashed the hatchet through her brain.”

Soule, who refused to participate in the massacre, was branded a coward and murdered the following year.

Originally, only an excerpt of his letter was included in the exhibit. The full letter was added after complaints from tribal representatives.

But tribal members still say they wanted more time to discuss the exhibit, which was opened over their objections.

The museum now says it is committed to working with the tribes on how to appropriately depict one of the most tragic events in American history.

That’s a good idea. However, the end product must reflect the best historical consensus of experts.

For the sake of history, and to respect those murdered and their descendants, we hope the museum gets it right this time.

 

The History Colorado Center closed its Sand Creek Massacre exhibit earlier this year while it consults with tribal families. (Brennan Linsley, The Associated Press)

Dozens of summer chinook stolen from Chief Joseph Hatchery

by K.C. Mehaffey The Wenatchee World

Aug. 30, 2013

 

BRIDGEPORT — Two months after the Confederated Tribes of the Colville Reservation opened the Chief Joseph Hatchery, thieves made off with dozens of summer chinook being held for broodstock.

Losing an estimated 42 adult fish that were ready to produce more than 73,000 young salmon for later release was bad enough.

But even worse, tribal officials are warning that whoever took the fish have exposed themselves to a cancer-causing chemical.

The fish, in a broodstock pen below the hatchery, were treated with Formalin and should not be handled or eaten, a notice posted on the Colville Tribes’ website says.

“If you believe you have consumed or handled these fish, then it is recommended that you should immediately seek medical attention,” it says.

HatcheryColville Tribal Police are offering a $500 reward for information leading to conviction of the poachers.

Tribal Chairman said he people are cautious of any salmon that may have come from an unlikely source to be wary, and contact tribal officials.

“We’ve done all we can on our end to try to educate the public that those fish aren’t safe,” he said.

The loss of these fish is also significant to the tribes’ effort to bring more fish to the upper Columbia River for both tribal and non-tribal fishermen.

“There’s no doubt it’s going to set us back,” Finley said.

Salmon are collected all season and held until they’re ready to be spawned. To get a good sampling of salmon that are likely to return at different times of the spring, summer and fall, the adults from which the eggs are taken should also be gathered from different times of the spawning season, he said.

“We literally have to wait until next year” to get salmon that will return at the same time, he said.

Tribal police are investigating the case, and the tribe will close the North Shore Access Road at Chief Joseph Hatchery at sunset every day due to the theft.

Anyone with information can contact tribal police at 634-2472.

We should add climate change to the civil rights agenda

By Phaedra Ellis-Lamkins, Source: Grist

This week, tens of thousands of people from across America streamed into the nation’s capital to observe the 50th anniversary of the 1963 March on Washington — and Green for All was among them.

We marched against the recent attack on voting rights. We demanded justice in the face of Stand Your Ground laws and racial profiling. We marched to raise awareness on unemployment, poverty, gun violence, immigration, and gay rights. And we called for action on climate change.

Chances are, when you think about civil rights, environmental issues aren’t on the radar screen. But stop and think about it. Remember Hurricane Katrina?

The hurricane that leveled New Orleans showed that severe weather in low-income neighborhoods and communities of color is a matter of life and death. The images from the storm are hard to forget: bodies floating in water for days and thousands of people stranded without shelter, waiting for help that was too slow to come.

It’s not difficult to see how injustice and inequality played out during Hurricane Katrina. Thousands of people were subjected to needless loss, suffering, even death — just because they didn’t have the resources to prepare and escape the storm.

What’s harder to see is the imminent threat that severe weather — occurring with increased frequency and voracity — poses to our communities. We should never again witness the kind of devastation and preventable suffering we saw during Katrina. That’s why we have to add climate change to our retooled list of what the civil rights movement stands for.

Climate change isn’t just an environmental issue; it’s about keeping our communities safe. It’s a matter of justice. Because when it comes to disasters — from extreme temperatures to storms like Katrina — people of color are consistently hit first and worst.

African-Americans living in L.A. are more than twice as likely to die in a heat wave as other residents in the city, thanks to an abundance of pavement and lack of shade, cars, and air conditioning in neighborhoods with the fewest resources. Factor in a steady rise in temperature — last year was the hottest year on record in the U.S. — and we’re looking at an urgent problem.

Meanwhile, our communities are at the tip of the spear when it comes to pollution. Fumes from coal plants don’t just accelerate climate change — they cause asthma, heart disease and cancer, leading to 13,000 premature deaths a year. And people of color are once again most vulnerable; 68 percent of African-Americans live within 30 miles of a toxic coal plant. That might help explain why one out of six black kids suffers from asthma, compared with one in 10 nationwide.

But that’s not the only reason we should pay attention. Fighting global warming  – the right way — will get us closer to achieving the dream Martin Luther King Jr. spoke about on that day in Washington 50 years ago.

The solutions to climate change won’t just make us safer and healthier — they are one of the best chances we’ve had in a long time to cultivate economic justice in our communities. Clean energy, green infrastructure, and sustainable industries are already creating jobs and opportunity. There’s a cleantech boom unfolding right now that is on par with the tech boom that made Silicon Valley. And this time, we don’t want to miss the boat.

If we do this right, we can make sure the steps we take to fight pollution also build pathways into the middle class for folks who have been locked out and left behind. These green jobs are real — 3.1 million Americans already have them. And because they pay more (13 percent above the median wage) while requiring less formal education, they are exactly what’s needed to eradicate poverty in our communities.

We have work to do to make sure more people of color have access to the opportunities created by responding to climate change. But if we are successful, we will help create a world where our kids can breathe clean air and drink clean water; where we’re safe and resilient in the face of storms; where more of us share in the nation’s prosperity.

This is Dr. King’s dream reborn. And fighting climate change helps get us there.

So, even as we confront the pressing dangers and injustices that cry for an immediate response — like attacks on our right to vote or racial profiling — we can’t lose sight of the future. We need to respond to climate change today to ensure safe, healthy, prosperous lives for our kids tomorrow.

Keystone XL decision likely delayed until 2014

CUSHING, OK - MARCH 22: U.S. President Barack Obama speaks at the southern site of the Keystone XL pipeline on March 22, 2012 in Cushing, Oklahoma. Obama is pressing federal agencies to expedite the section of the Keystone XL pipeline between Oklahoma and the Gulf Coast. (Photo by Tom Pennington/Getty Images)
CUSHING, OK – MARCH 22: U.S. President Barack Obama speaks at the southern site of the Keystone XL pipeline on March 22, 2012 in Cushing, Oklahoma. Obama is pressing federal agencies to expedite the section of the Keystone XL pipeline between Oklahoma and the Gulf Coast. (Photo by Tom Pennington/Getty Images)

Kate Sheppard, Huffington Post

A decision on the fate of the proposed Keystone XL pipeline will likely be delayed until after the release of an inspector general investigation into conflict of interest complaints, a process that will take at least until early 2014, The Hill reported Friday., env

The Office of Inspector General is looking into complaints that Environmental Resources Management (ERM), the contractor that prepared the most recent environmental impact statement on Keystone XL, failed to disclose potential conflicts of interest. ERM had previously done work for TransCanada, the company seeking to build the pipeline, and other oil companies that could stand to benefit from it. The connections prompted environmental groups to call for an IG investigation.

A State Department official did not directly respond to The Huffington Post’s request for comment about whether and for how long the IG report may delay a final decision on Keystone XL. The official, who would only comment on background, said that the IG’s review “will provide independent and impartial assessment” of the Keystone XL review process. The department is cooperating fully, the official said, and is “committed to a rigorous, transparent, and efficient federal review of the Keystone XL application.”

But given the attention that the Keystone pipeline has attracted, it is unlikely that the State Department will make a decision on the pipeline before the IG report is finalized. Because the proposed pipeline would cross an international border, the State Department is the agency with the authority to approve or reject Keystone XL.

Before this latest news, the State Department had been expected to issue a final environmental impact analysis on the pipeline sometime this fall. The environmental assessment will inform the State Department’s decision on whether to approve permits for the construction of the pipeline.

Environmental groups cheered the delay, but said they want the Obama administration to reject the pipeline right away. “President Obama doesn’t need to wait for the results of the investigation into Environmental Resources Management,” said Ross Hammond, a senior campaigner at Friends of the Earth. “He has all the evidence he needs to deny the permit right now.”

The IG’s office previously evaluated the department’s handling of Keystone XL in 2011, after environmental groups and some members of Congress raised conflict-of-interest concerns about another contractor working on the project. That evaluationdid not find any significant problems with the State Department’s process.

MicroGREEN Polymers Raises $10M From Increasingly Active Tribal Investors

 

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Benjamin Romano 8/29/13

The cup that holds your morning coffee is a seemingly simple item to be used and discarded. It probably hasn’t changed much over the years. No big deal, except that Americans go through 137 billion disposable beverage cups each, generating a tremendous amount of waste.

That looks like a huge opportunity toMicroGREEN Polymers, a company with a distinctly Pacific Northwest mix of technology, innovators, customers, and investors, now including two American Indian groups, which represent a new source of venture capital and private equity nationally.

The Arlington, WA-based manufacturer is raising $10 million from investors including theConfederated Tribes of the Grand Ronde. The financing is part of a $20 million round, which began early this year with a $5 million investment from the Stillaguamish Tribe, and is expected to close with another $5 million investment, also from American Indian tribes, says MicroGREEN president and CEO Tom Malone. The company plans to use the cash to expand its line of recycled and recyclable hot and cold beverage cups, and to increase production capacity.

The Stillaguamish and Grand Ronde are part of a growing number of American Indian tribes putting their newfound casino wealth to work in more sophisticated ways, including through direct investment in local companies focused on long-term sustainability, among other values that match their own.

MicroGREEN aims to make up to 500 million InCycle cups a year—still just a drop in the bucket of the disposable cup market, which is expected to grow to 159 billion units by 2016, according to the company, which cites research from The Freedonia Group. That would generate around $25 million in sales, and the company forecasts it will turn profitable by mid-2014, “largely because this round of financing enables us to put in place the final production equipment to hit that full capacity,” Malone says.

It plans to nearly double its staff to 100 people by the end of the first quarter of 2014, with a third shift to be added “almost immediately,” he says.

UW Technology

MicroGREEN’s manufacturing process—developed by Greg Branch and Krishna Nadella as graduate students in the University of Washington mechanical engineering department more than a decade ago—injects food-grade carbon dioxide into recycled polyethylene terephthalate (PET) plastic inside a pressure vessel. The polymer is then heated, allowing billions of tiny bubbles to form in the core of the plastic, expanding it into a material that can be made into insulated beverage cups marketed as InCycle.

The cups have 30 percent the density of solid plastic cups, Malone says, reducing the cost and global-warming impact of the end product. Moreover, the cup is easily recyclable at the end of its life—adhering to “cradle to cradle” design principles—unlike plastic-lined paper cups found in many coffee shops, which are difficult to recycle in most conventional municipal systems.

“All we’re doing is allowing recycled plastic to take another trip through the economy,” Malone says.

And since the MicroGREEN process gives the cups great insulation properties, there’s no need to grab a second cup or sleeve to protect hands from the hot drink inside.

“We can compete against all the legacy producers in a way that enables us to give the consumer what they’re looking for and for us to make a profit,” Malone says.

The company names customers including Redhook Brewery and Alaska Airlines, which will begin using InCycle cups for beverage service on flights beginning Oct. 1. Other airline orders are also in the works, Malone says.

The Alaska deal has helped expose the company to one of the world’s biggest users of disposable cups: Starbucks, whose coffee is served by Alaska and, according to Malone, has approved the InCycle cup to hold its brew. (Starbucks, which uses 4 billion cups a year globally, has a goal of making 100 percent of them reusable or recyclable by 2015. It’s actually a quite complex problem, as explained in this post updating the coffee giant’s progress.)

With this latest investment, MicroGREEN has raised $42 million. Earlier investors include WRF CapitalNorthwest Energy Angels, and Waste Management, the garbage giant.

Tribal Investment

The story of MicroGREEN’s investment from American Indian tribes starts with proximity. After receiving an order from the Stillaguamish-owned Angel of the Winds in Arlington, MicroGREEN invited tribal representatives to visit its factory.

Koran Andrews, CEO of the Stillaguamish Tribal Enterprise Corporation, took a tour last year and recognized an investment opportunity in keeping with her organization’s goals of economic diversification and long-term sustainability. Bill Lomax, president of the Native American Finance Officers Association (NAFOA), says of the Stillaguamish: “For one of the smaller tribes in the country that maybe doesn’t get out into the national media as much, they’re probably one of the savviest.”

Malone says Andrews opened his eyes to the opportunity presented by the growing economic might of American Indian tribes. And it was the Stillaguamish who introduced MicroGREEN to the Confederated Tribes of the Grand Ronde at a conference in Seattle earlier this year, says Titu Asghar, director of economic development for the Oregon-based group of 27 tribes and bands.

“MicroGREEN’s philosophy aligns with the tribe’s philosophy of returning back to the Earth, being ecologically sustainable, looking into green investments,” Asghar says.

Those goals inform the Tribe’s investment focus, along with a geographic concentration on historic lands forcibly ceded in the mid-19th century, which stretched from Northern California, through the mid-Willamette Valley, to southwest Washington.

The Confederated Tribes formed an economic development arm in 2011 as a way to diversify and invest revenues from casino and timber operations. It made direct equity investments in two other companies in 2012 and is exploring a few more opportunities currently, Asghar says. The Confederated Tribes target investments in the $5 million to $10 million range, in companies that are sustainable environmentally and economically, with stable management and cash flows. He would not disclose the size of the fund to be invested.

Rather than investing as a limited partner in an existing private equity or venture capital fund, the Confederated Tribes decided to keep their investing activities in house, performing their own due diligence and relying on existing legal, finance, and public relations capabilities. That’s part of being good stewards of tribal dollars, a responsibility the Tribal Council—which has final say in all investments—would never leave to outsiders, says public affairs director Siobhan Taylor.

Malone says companies seeking investment from tribes must be aware that each one is different.

“One step is getting to know the tribe, getting to know particularly the decision-making process and the leadership council,” he says. “It’s also an investment based not only on due diligence, but also on trust in the management team. Getting to know them, them getting to know us—that’s very important to both parties.”

While they may indicate the beginnings of a trend, the Stillaguamish and Confederated Tribes’ direct investments in a cleantech manufacturer remain relatively uncommon nationally, says Lomax, of the NAFOA. “We haven’t seen necessarily a lot of investments like that to my knowledge,” he says. “We’ve certainly seen a big interest in clean energy.”

In the past, few tribes had much extra money, so venture capital investing wasn’t relevant. “And then the casinos came along and that created wealth for a great number of tribes,” he says.

In 2012, Indian gaming revenue was $27.9 billion, according to the National Indian Gaming Commission.

“We’ve seen a real evolution in the tribal acumen when it comes to investing over the last 10 to 15 years,” Lomax says. Over that time, tribes have accumulated significant wealth from their casinos and associated businesses. They are now looking to broaden their portfolios beyond plain vanilla investments in stocks and bonds, he says.

One of the most sophisticated efforts is Growth Fund Private Equity, the Durango, CO-based business investing arm of the Southern Ute Indian Tribe, which has invested in technology companies including Seattle-based RFID systems makerImpinj.

“I think generally, a lot of tribes are now starting to make allocation to passive private equity and venture-type investments,” Lomax says, though he cautions that tribes aren’t moving to this kind of investing en masse.

As in the case of MicroGREEN, tribes tend to focus investments locally, which makes them a promising emerging source to support local innovation, particularly in sustainability and cleantech, he says.

Obama administration to press case on Syria but support for strikes wavers

Congressional leaders to be briefed on chemical weapons evidence as White House resists comparisons with Iraq war

The briefings with congressional leaders would be given by the secretary of state John Kerry, and secretary of defence Chuck Hagel, officials said. Photo: Reuters
The briefings with congressional leaders would be given by the secretary of state John Kerry, and secretary of defence Chuck Hagel, officials said. Photo: Reuters

Paul Lewis and Spencer Ackerman, The Guardian

Senior US intelligence officials were seeking to persuade Congress on Thursday that the Syrian government was responsible for chemical weapons attacks, as the White House resisted comparisons with intelligence failures in the run-up to the Iraq war.

Leaders of key congressional committees were due to participate in “unclassified briefing” by telephone on Thursday, amid signs that some of the support for military strikes against Syria is fading.

A separate, unclassified report on the US intelligence assessment is being prepared for release to the public before the end of the week.

The UK released an intelligence assessment on Thursday that said it was “highly likely” that the regime of Bashar al-Assad was responsible for a chemical attack that killed hundreds in a Damascus suburb last week.

However, the document contained few specifics, and failure by the US and UK to say with absolute certainty that the attacks were conducted by the Syrian government have prompted challenging questions in Congress and led to signs of growing anxiety among traditional US allies.

It has also prompted comparisons with Iraq in 2003, when the US launched an invasion on the pretext of weapons of mass destructions that were never found. “As it relates to the situation in Iraq, I don’t agree these are similar situations,” deputy press secretary Josh Earnest told reporters Thursday.

“What we saw in that circumstance that an administration was searching high and low to produce evidence to justify a military invasion, an open-ended military invasion of another country, with the final goal being regime change,” he said. “That was the articulated policy of the previous administration.”

Earnest said any strikes carried out by the US and its allies would be “discreet and limited”.

In a sign of the importance the White House is attaching to support from Capitol Hill, the briefings with “congressional leaders and the chairs and ranking members of national security committees” would be given by the secretary of state John Kerry, and secretary of defence Chuck Hagel.

Obama’s national security adviser Susan Rice and director of national intelligence James Clapper will also participate in the briefing.

Separately, Obama personally briefed the Republican leader of the House of Representatives, John Boenher. A spokesman for Boenher said in a statement he had raised the question of the legality for any military strike and pressed him to consult further with Congress.

Republican senator Jim Inhofe, the ranking member of armed services committee, said he was opposed to using force in Syria when military resources are depleted and there was insufficient evidence of regional backing. “It is vital we avoid short-sighted military action that would have little impact on the long-term trajectory of the conflict,” he said. “We can’t simply launch a few missiles and hope for the best.”

Obama was criticised for failing to consult Congress sufficiently before air strikes in Libya in 2011. However, there is no sign the White House would seek a Congressional before launching strikes.

In London, prime minister David Cameron laid out Britain’s case for possible military intervention in a parliamentary debate, but doubts remain over whether the House of Commons would approve a joint action with the US. In an attempt to prevent a parliamentary defeat, Cameron committed to a second vote after UN inspectors have completed their report on the chemical attacks in Damascus.

France has also called for a delay to any military action until the UN inspectors complete their work.

The UN secretary general, Ban Ki-moon, instructed the 20-strong inspection team in Damascus to leave on Saturday, a day before they had expected to leave. Ban also announced the team would report to him immediately on departure.

Military and foreign policy experts were split over whether the US would forge ahead with cruise missile strikes against Syria. Obama, who has long been reluctant to be engaged militarily in the Middle East, is now considering the prospect of taking military action with less international support than George Bush’s 2003 invasion of in Iraq.

However, Earnest, the White House deputy spokesman, seemed to confirm that was a possibility when he was asked whether the US would “go it alone”.

Earnest repeatedly said it was in US “core national security interests” to enforce international chemical weapons norms. “The president of the United States is elected with the duty to protect the national security interests of America,” he said. “The decisions he makes about our foreign policy is with our national security interests front and centre.”

Analysts said that with the Arab League condemning Syria but not backing military action, and no prospect of a UN security council mandate, reluctance on the part of Britain and France could prove a problem for the US.

Michael O’Hanlon, the director of foreign policy research at the Brookings Institution, said fading international support was “regrettable”, the Obama administration was unlikely to pull back from the brink at this stage.

Sean Kay, a Nato expert at Ohio Wesleyan University, said it looked likely that the US would attack Syria with or without the UK. “I think they’re trying to make it clear they’re determined to move forward,” he said.

Many in Washington believe military action is a fait accompli. UN weapons inspections were ordered to leave Syria ahead of schedule on Thursday ahead of schedule amid mounting anticipation of US-led military strikes. But others argue that doubts over intelligence and lack of support from key allies could delay or even lead to the abandonment of military action.

Doug Bandow, a senior fellow at the Cato Institute, detected that “caution has grown” in the White House over the last 24 hours.

“I think they’ve found over the last couple of days both a lack of support at home, both among the American people and Congress, and then they look internationally and suddenly they don’t feel quite so surrounded by friends,” he said.

Bandow said that an “embarrassing backdown” by the US remained a possibility, and predicted that doubt in Britain, and lack of support elsewhere, would delay any strikes.

Britain’s joint intelligence committee (JIC) concluded it is “highly likely” that the regime of Bashar al-Assad was responsible for the chemical weapon attacks in Syria. But the assessment was mainly based on “open source” evidence such as video footage of the victims, and a judgment that the opposition does not have the capability to launch such an attack. It described the evidence base of a deliberate attack to clear opposition from suburbs in Damascus as only “limited but growing”.

Chairs and ranking members of key congressional committees, who have been briefed on the intelligence, have endorsed the view that Assad’s forces were responsible for the attack.

But all have stopped short of saying the evidence is unequivocal.

Citing “multiple US officials”, the Associated Press reported on Monday that there were gaps in the US intelligence picture, which was “thick with caveats”.

Greg Thielmann, a former State Department intelligence analyst, said the Syria crisis reminded him of the one preceding the Iraq war. “There are enough similarities that it makes one very nervous,” he said. “This rhymes with what happened over Iraq WMD.”

One of the few voices of caution inside the US intelligence agencies when compiling the infamously erroneous 2002 National Intelligence Estimate on Iraq, Thielmann said that post-Iraq intelligence reforms give him confidence that the spy agencies are not overstating their case.

But he raised questions about the seeming vagueness in the intelligence. “I would have thought there would be incentives inside the intelligence community to find out what’s going on that the US would have gotten some samples and established a chain of custody,” he said.

Ken Pollack, a former CIA analyst now at the Saban Centre for Middle East Policy, said that with continuing uncertainty over the intelligence picture, and no obvious legal mandate for military action, the US will be desperate to secure more international backing to argue intervention is “legitimate”.

“If the administration can’t even count of the full-throated support of our closest ally, the country that stuck by us even during the worst days of Iraq, that legitimacy is going to be called into question,” he said.

South Carolina officers in Oklahoma for Indian custody case

 

Charleston County Sheriff Al Cannon sends deputies, SLED agent to Oklahoma in Veronica case

 

Glenn Smith The Post and Courier

August 29, 2013

 

Charleston County Sheriff Al Cannon confirmed today that he has sent two of his deputies and a State Law Enforcement Division agent to Oklahoma in connection with the contentious custody case concerning 3-year-old Veronica.

Cannon confirmed the information in response to questions from The Post and Courier. He said the team, which left this morning, was dispatched as a precautionary measure in the event their assistance was needed in connection with upcoming court proceedings in the case.

The sheriff stressed that he has not been informed of any major development or action in the case. Rather, his office has been in ongoing contact with a variety of law enforcement agencies in Oklahoma and felt a responsibility to have some presence on hand to provide assistance, he said.

Cannon would not say when hearings in the case have been scheduled or what specific proceedings deputies planned to attend.

On Aug. 16, an Oklahoma judge barred attorneys and their clients from discussing the dispute pitting Veronica’s adoptive parents Matt and Melanie Capobianco of James Island, against her biological father, Dusten Brown of Nowata, Okla. A mediation agreement was reached during a three-hour hearing that day, but the details have remained under seal.

The Capobiancos flew to Oklahoma earlier this month and have remained there ever since. It appears they have been allowed to visit with the girl who lived with them for 27 months, but it’s unclear when or how often that has occurred, The Tulsa World reported this week.

The newspaper also reported that an attorney appointed to represent Veronica’s interests has asked a Cherokee County court to suspend those visits until further hearings can be held.

Adding to the confusion, Holli Wells, the judge who brought the two sides together for the April 16 hearing and imposed the gag order, recently filed an “order of recusal,” removing herself from the case, The Tulsa World reported.

Brown, a member of the Cherokee tribe, used the heritage he shares with Veronica to get custody in late 2011 through the Indian Child Welfare Act. The 1978 law was meant to keep Indian children connected to their native cultures.

But the U.S. Supreme Court ruled this summer that the ICWA didn’t apply to him because he hadn’t been in Veronica’s life. He has argued that the child’s mother had refused his attempts to get involved when she brushed off his marriage wishes.

Courts in South Carolina later finalized the Capobiancos’ adoption of Veronica, but Brown has refused to give up the girl. His attorneys said he should be allowed to challenge the decree’s enforcement in Oklahoma, where Veronica has lived for the past 19 months.

Brown is wanted on a Charleston County custodial interference warrant for failing to turn over Veronica to the Capobiancos. His attorney has said he plans to challenge the legality of that warrant.

Oklahoma Gov. Mary Fallin has said she would speed along Brown’s extradition to Charleston if he didn’t let the Capobiancos see the girl.

Reach Glenn Smith at 937-5556 or Twitter.com/glennsmith5.

Colorado, Washington get OK from feds on marijuana

Steve Benen, The Maddow Blog

When voters in Colorado and Washington approved the legalization of marijuana possession for adults, it was a policy breakthrough, but there was a problem: the newly approved state laws conflicted with federal law.

Under the Controlled Substances Act, federal law bans marijuana use, so Colorado and Washington were left wondering whether the Justice Department would intervene and block the measures approved by state voters.

Today, as Ryan J. Reilly and Ryan Grim reported, Colorado and Washington got their answer.

The United States government took an historic step back from its long-running drug war on Thursday, when Attorney General Eric Holder informed the governors of Washington and Colorado that the Department of Justice would allow the states to create a regime that would regulate and implement the ballot initiatives that legalized the use of marijuana for adults.

A Justice Department official said that Holder told the governors in a joint phone call early Thursday afternoon that the department would take a “trust but verify approach” to the state laws.

That last part is important. The DOJ is effectively letting the states know that they can proceed on their current course, but if federal law enforcement has reason to believe in the future that Colorado and Washington are failing to be responsible, the feds can revisit the new policy.

In the meantime, though, that means these states — and any others that choose to follow their lead — can move forward on legalization.

After watching the “war on drugs” move in only one direction for the majority of my life, this strikes me as a pretty amazing development. Up until fairly recently, it would have been unimaginable.

The Huffington Post added that Deputy Attorney General James Cole also issued a three-and-a-half page memo to U.S. attorneys outlining eight priorities for federal prosecutors enforcing marijuana laws. These are the areas where prosecutions will continue:

* the distribution of marijuana to minors;

* revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels;

* the diversion of marijuana from states where it is legal under state law in some form to other states;

* state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;

* violence and the use of firearms in the cultivation and distribution of marijuana

* drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;

* growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands;

* preventing marijuana possession or use on federal property.

But note that this leaves a whole lot of recreational pot use that federal prosecutors will no longer feel the need to pursue.

Undercover officers to patrol Seahawks games

 

August 29, 2013

The Associated Press

 

SEATTLE — Seattle police say they will deploy undercover police officers at Seahawks games this year after multiple reports of unruly fans last season.

The department says patrols will begin with Thursday’s pre-season game against the Oakland Raiders. Officials say police received complaints about fan-on-fan violence and harassment in and out of the stadium, some of which was witnessed by off-duty officers attending the games, last year.

One of those episodes involved two off-duty Bellevue police officers who used profanity at a uniformed Seattle police officer and stadium workers and were later escorted out.

Police officials say officers will be looking for people taking team rivalries too far.

Yurok Scientific Knowledge Sways Court Decision to Increase Klamath River Flows

Nanette Bradley Deetz, Native News Network

FRESNO, CALIFORNIA – On August 22, the Yurok Tribe received some excellent news. A federal court judge acknowledged the biological importance of supplemental water flows for Klamath River salmon. This was a far-reaching legal case between the Bureau of Reclamation, the Yurok tribe, as well as other tribes in the region against central California industrial agriculture.

Yurok Tribe

Yurok tribal members Pete Thompson and Bob Ray cast a drift net into the Klamath River on the Yurok Reservation.

 

The Yurok Tribe of Klamath, California is the largest federally recognized tribe in California and is the single largest harvester of Klamath River salmon.

The Yurok reservation spans one mile on both sides of the Klamath River for 44 miles. The tribe requested 2,800 cubic feet per second of water flow to be released. This is the same rate of water flow per second that the Yurok fisheries experts defended in their scientific case in a Fresno, California courtroom. Originally the Bureau of Reclamation (at the Yurok tribe’s request) made additional water available in order to avert another fish kill. In 2002 a large fish kill occurred on the Yurok reservation in river conditions eerily similar to this year’s.

Yurok Tribe

Above, Salmon is cooked in a traditional Yurok way. At least 272,000 Fall-run salmon are expected to return to the river.

 

“In 2002 more than 33,000 Chinook and Coho salmon died before reaching spawning grounds. It was heartbreaking to see the fish floating upside down on the river by the thousands. We learned from that tragedy. This year, when the water temperature was so high, and we knew we were expecting the 2nd or 3rd highest volume of returning salmon predicted in decades, we asked the Department of the Interior to increase water flow. But then the injunction was filed by agribusiness to stop it,”

said Yurok tribal Chairman Thomas O’Rourke, Sr.

In early August, Westlands Water District and San Luis and Delta Mendota Water Authority, which represent a large portion of California’s multibillion dollar agricultural industry, filed suit to stop the water flow from being released.

The Yurok tribe presented key science testimony to the court by two witnesses, Senior Fisheries Biologist Michael Belchik and Dr. Joshua Strange.

“Yurok science of the Klamath River basin is renowned not only in this nation, but abroad. This a western science that allows us to substantiate our claims,”

said Chairman O’Rourke, Sr.

At least 272,000 Fall-run salmon are expected to return to the river this year, almost 1.7 times the number that returned in 2002.

There is also a contingency plan in place. At the first sign that the salmon look diseased or distressed, the tribe will seek to have flows doubled for up to seven days. They will not allow the combination of low, warm river water and inadequate water flows to jeopardize the salmon.

“There is knowledge passed down from our ancestors to take care of our resources so that they will take care of us. We must ensure its continuance for future generations to come. The river is our lifeline,”

said Yurok Chairman Thomas O’Rourke Sr.