St. Helens’ tribal significance marked

Mt S
Mount St Helens
source: Mountsthelens.com

Mountain given status of Traditional Cultural Property

By The Chronicle (Centralia)

September 19, 2013

 

For its significance to the Cowlitz Indian Tribe and the Confederated Tribes and Bands of the Yakama Nation, Mount St. Helens on Sept. 11 was designated a Traditional Cultural Property and listed in the National Register of Historic Places.

According to the Forest Service, Mount St. Helens’ qualified for listing in the register because of its position as a cultural landscape central to local tribes’ oral traditions and identities.

The listed area encompasses 12,501 acres of the Mount St. Helens National Volcanic Monument on the Gifford Pinchot National Forest.

“The Forest Service has profound respect for the cultural significance of the area,” Gifford Pinchot National Forest Supervisor Janine Clayton said. “This formal recognition further validates our deep and long-standing relationships with our tribal partners.”

The mountain is of particular importance to the Cowlitz Tribe; it falls within the area of their land claims made during treaty negotiations with the federal government in the 1850s.

An image of the volcano appears on the official seal and emblem of the Cowlitz Indian Tribe.

“For millennia, the mountain has been a place where Tribal members went to seek spiritual guidance,” Tribal Council Chairman William Iyall said. “She has erupted many times in our memory, but each time has rebuilt herself anew. She demonstrates that a slow and patient path of restoration is the successful one.”

The National Register is part of a program intended to coordinate and support efforts to protect America’s historic, archaeological and traditional cultural resources.

Mount St. Helens’ nomination process took several years and was a collaborative effort between the Gifford Pinchot and the Cowlitz, the Forest Service said in the news release.

Formal listing was recommended earlier this year.

This is the second Traditional Cultural Property listing in Washington State and one of the very few Traditional Cultural Property listings nationwide, according to by Allyson Brooks, Director of the Washington Department of Archaeology and Historic Preservation.

Obama takes on coal with first-ever carbon limits

 

Coal-power-plant
Coal power plant
Photo source: Wiki

September 19, 2013

By DINA CAPPIELLO — Associated Press

WASHINGTON — Linking global warming to public health, disease and extreme weather, the Obama administration pressed ahead Friday with tough requirements to limit carbon pollution from new power plants, despite protests from industry and from Republicans that it would mean a dim future for coal.

The proposal, which sets the first national limits on heat-trapping pollution from future power plants, would help reshape where Americans get electricity, moving from a coal-dependent past into a future fired by cleaner sources of energy. It’s also a key step in President Barack Obama’s global warming plans, because it would help end what he called “the limitless dumping of carbon pollution” from power plants.

Environmental Protection Agency administrator Gina McCarthy said in a speech Friday morning to announce the proposal that, rather than damage an industry, the proposed regulations would help the industry to grow.

McCarthy pressed her case by linking global warming to a suite of environmental problems, from severe weather to disease to worsening other types of air pollution.

“We know this is not just about melting glaciers,” McCarthy said. “Climate change – caused by carbon pollution – is one of the most significant public health threats of our time. That’s why EPA has been called to action.”

However, since the proposal deals with only new power plants it will have a limited effect on global emissions of heat-trapping pollution. A separate standard for the existing fleet of power plants, the largest source of carbon pollution, is due next summer.

Despite some tweaks, the rule packs the same punch as one announced last year, which was widely criticized by industry and by Republicans as effectively banning any new coal-fired power plants.

That’s because to meet the standard, new coal-fired power plants would need to install expensive technology to capture carbon dioxide and bury it underground. No coal-fired power plant has done that yet, in large part because of the cost.

Coal, which is already struggling to compete with cheap natural gas, accounts for 40 percent of U.S. electricity, a share that was already shrinking. And natural gas would need no additional pollution controls to comply.

“It is clear that the EPA is continuing to move forward with a strategy that will write off our huge, secure, affordable coal resources by essentially outlawing the construction of new coal plants,” said Bruce Josten, the vice president for government affairs at the U.S. Chamber of Commerce.

Follow Dina Cappiello on Twitter at http://www.twitter.com/dinacappiello

Tulalip focuses on suicide prevention

By Monica Brown, Tulalip New writer

gI_82357_Talk to Me - Social MediaTULALIP, Wash. – September is national Suicide Prevention month and the Tulalip community has come together to spread awareness about this misfortune. Studies by the National Institute of Mental Health have found that American Indians and Alaskan Natives have the highest rates of suicide with 14.3 per 100,000 compared to Non-Hispanic Whites 13.5, Hispanics 6.0, Non-Hispanic Blacks 5.1 Asian and Pacific Islanders 6.2.

During Tulalip’s community meeting on Friday, September 13th, the focus was on suicide prevention awareness and motivational speaker Arnold W. Thomas was asked to attend and share his life changing experience in an effort to highlight the warning signs and steps to take when someone may be having suicidal thoughts.

In 1988 Thomas attempted suicide, an event that left him alive yet permanently disabled. Due to the extensive damage from his suicide attempt he was left permanently scared, blind and unable to speak for many years.

“I should have died on that night. I lost a lot of blood, swallowed a lot of blood into my lungs, “said Thomas about the night he tried to take his life. Thomas was 18yrs old in high school, playing basketball and going through many confusing emotions about the suicide of his father two years prior. At a time of deep emotional turmoil, Thomas was using drugs and alcohol and began thinking that no one cared and instead of talking to someone or asking for help he put a gun to his head.

Thomas believes that suicide is not the problem, the real problem is, “Our inability to express our thoughts and our feelings in manner which helps us to feel at peace in our head and our heart.”

“Tell them you love them,” explained Thomas, on how important it is to talk to people close to you about your feelings and show gratitude to your family and friends. “All the bones in my face were shattered and I spent two years not being able to speak. I saw how I hurt my family. I made a commitment to go through any and all surgeries to reconstruct my face and maybe one day I’d be able to talk again.”

Thomas is a Shoshone-Paiute native and has prevailed over his depression and physical disabilities. He has undergone 30 surgeries and completed a rehabilitation program that allows him to live independently. Thomas has earned a degree in psychology, a masters in social work and owns a consulting business called White Buffalo Knife that allows him to travel all over the country to share his story of perseverance.

According to Global Mental Health, mental health disorders have become a global issue that currently affects 450 million people worldwide*. Tulalip Family services is working hard to inform the community about the prevalence of suicide among young people and especially Native people in hopes that it will inspire others to care and help someone that is dealing with depression.

The National Suicide Prevention  Line is 1-800-273-8255. For help with depression or help to speak with someone about depression please call Tulalip Family Services at 360-716-4400 or go to save.org. For more information about Arnold Thomas please visit www.whitebuffaloknife.com

Arnold W. Thomas in native dress.Photo from WhiteBuffaloKnife.com
Arnold W. Thomas in native dress.
Photo from WhiteBuffaloKnife.com

Rain gardens at Tulalip admin building are decreasing pollution runoff

Admin building rain gardens, expect to see hundreds of blooms next spring.Photo by Monica Brown
Admin building rain gardens, expect to see hundreds of blooms next spring.
Photo by Monica Brown

By Monica Brown, Tulalip News writer

TULALIP, Wash. – The rain gardens at the Tulalip administration building have had a year to flourish, and flourish they have.  When you drive through the parking lot you see trees in the garden strips along with some shrubs, but towards the back you can see a spray of green areas that are roped off.  Some people are not aware that these roped off garden areas are not weeds, but are native vegetation and they were chosen specifically for their ability to remove pollutants.

“It’s a menagerie, but that’s how it was designed, to be low growing and provide a green landscape that would help filter out the pollutants,” said Derek Marks of Tulalip Natural Resources.

Last year, the Natural Resources department was able to take a few garden areas within the admin building parking lot and turn them into rain gardens. Shortly after it was completed it had been sprayed with herbicides, a major no-no when it comes to rain gardens. “You don’t build a rain garden to manage it with herbicides,” said Derek. “The rain garden themselves filter the pollutants; we’re not supposed to add pollutants to them.”

The gardens contain mainly different species of sedge, rush, woodrush and grass along with western buttercup, great camas and chocolate Lily. This last spring there weren’t many blooming camas or chocolate lily because the time between when they were planted and when they bloom in spring was too short for them to become established.

Chocolate lilyPhoto By Derek Marks
Chocolate lily
Photo By Derek Marks

“We’re expecting a lot more to bloom next spring. You’ll probably see several hundred camas plants out here blooming,” commented Derek, about the shortage of blooms this last spring.

Derek explains that, “the rain gardens are filter strips.” And, “the plants and microbes work hand in hand to break down the pollutants.” They remove toxins, oils and heavy metals that are in water runoff from the parking lot. Without the rain garden the pollutants in the water runoff would make their way out and contaminate the Puget Sound. The possibility of turning other garden strips within the parking area into more rain gardens has come up, but nothing has been decided on as of yet.

This pilot rain garden project was developed by Tulalip’s Natural Resources’, Valerie Streeter and Derek Marks. They caution that although some of these plants are known for being harvestable, these particular plants, and any that may reside in other rain gardens, are not harvestable because they are full of toxins.

Camas bloom Photo by Derek Marks
Camas bloom
Photo by Derek Marks

For those that would like to start their own rain garden, Washington State University and Stewardship Partners have begun a campaign to install 12,000 rain gardens in the Puget Sound area by the year 2016. The website for the campaign has videos to explain the whole process of putting in a rain garden and lists the many resources available to someone interested in installing one. Please visit 12000raingardens.org for more information about rain garden installation.

Whiteclay clashes continue

Sept 11, 2013 By KERRI REMPP

RapidCityJournal

Protestors continue to rally against alcohol sales in Whiteclay, with the situation escalating last week.

Incidents began on Labor Day when protestors marched into the small town just south of the South Dakota state line.

“That day, basically, they were pretty calm, except they went to some of the beer stores and squirted some substance in to the locks. It appeared to be some kind of glue,” said Sheridan County Sheriff Terry Robbins. Store owners had to replace the locks.

The next day, authorities and protestors confronted each other again during weekly beer deliveries by Budweiser.

The protestors hid behind a building on the South Dakota side of the border until the trucks arrived and then attempted to gain access to the beer stores, engaging in confrontations with authorities, Robbins said. A female individual also allegedly spray painted a Whiteclay building. As authorities tried to arrest her, other protestors began shoving, hitting and spitting on the officers, which included Robbins, one of his deputies and two Nebraska State Patrol troopers. Robbins and the NSP troopers each requested additional help from their respective agencies.

The protestors eventually moved back in to South Dakota. An NSP report indicated that there they set up four cars across the road and refused to allow traffic entry to South Dakota.

The Budweiser delivery was halted Sept. 3, and the trucks told to “back out of town” until the matter was under control, Robbins said. Delivery was never completed that day, but all three distributors that serve the town were able to make deliveries without issue on Thursday. Budweiser also visited Whiteclay again this week without problems.

“The sad part about this is that very few of these people (the protestors) actually live in Shannon County, and very few are tribal members,” Robbins said. Many of the protestors are from other areas of the country, and many do not appear to be Native American, he added.

The Pine Ridge Reservation recently voted to allow alcohol sales on what has traditionally been a dry reservation. The tribal council must still formulate the regulations and policies that will guide alcohol sales and consumption on the reservation. Robbins said he’s visited with tribal members who are for and against allowing alcohol on the reservation.

‘Fort McMurray is a wasteland’: Neil Young slams oil patch, Keystone plans

 

Video: Neil Young says Fort McMurray looks like ‘Hiroshima’

 

Paul Koring and Kelly Cryderman

WASHINGTON/CALGARY — The Globe and Mail

Sep. 10 2013

 

Canadian rocker Neil Young has waded into the bitter debate over Alberta’s vast oil sands and the controversial Keystone XL pipeline planned to funnel one million barrels a day of Canadian crude to huge refineries in Texas and Louisiana.

Mr. Young said in a news conference on Monday that oil sands extraction was killing native peoples, igniting a new firestorm in the ongoing battle between proponents who want the massive reserves extracted and an array of opponents who argue that burning the carbon-heavy crude will seriously exacerbate global warming that threatens the planet.

Neil Young arrives for the film "Neil Young Journeys" at the Toronto International Film Festival in Toronto on Sept. 12, 2011.(Nathan Denette/THE CANADIAN PRESS)
Neil Young arrives for the film “Neil Young Journeys” at the Toronto International Film Festival in Toronto on Sept. 12, 2011.
(Nathan Denette/THE CANADIAN PRESS)

“The fact is, Fort McMurray looks like Hiroshima,” Mr. Young said in Washington. “Fort McMurray is a wasteland. The Indians up there and the native peoples are dying.”

Keystone opponents were quick to cheer Mr. Young’s blunt intervention.

Sierra Club spokesman Eddie Scher said: “Neil Young has been expressing and exposing hard truths his whole career,” adding: “Looks like he’s at it again.”

Natural Resources Minister Joe Oliver – who was in Washington himself on the same day for a meeting with U.S. Energy Secretary Ernest Moniz, took a different view.

“I am a big fan of Neil Young’s music,” Mr. Oliver told the Globe. “But on this matter we disagree because Keystone XL will displace heavy oil from Venezuela which has the same or higher greenhouse gas emissions, with a stable and secure source of Canadian oil.”

The singer is among a growing number of well-known activists speaking out against Keystone XL “Neil Young is speaking for all of us fighting to stop the Keystone XL,” said Jane Kleeb, Executive Director of Bold Nebraska, a coalition of landowners and others opposed to the $5.3-billion Keystone XL pipeline. “When you see the pollution already caused by the reckless expansion of tar sands, you only have one choice and that is to act.”

Mr. Young, one of Canada’s best-known singer-songwriters since the 1960s, told a conference in Washington Monday that he recently travelled to Alberta, where “much of the oil comes from, much of the oil that we’re using here, which they call ethical oil because it’s not from Saudi Arabia or some country that may be at war with us.”

As for Keystone, Mr. Young lampooned claims that it would create lots of jobs.

“Yeah it’s going to put a lot of people to work, I’ve heard that, and I’ve seen a lot of people that would dig a hole that’s so deep that they couldn’t get out of it, and that’s a job too, and I think that’s the jobs that we are talking about there with the Keystone pipeline,” he said.

He spoke at the U.S. National Farmers Union conference in Washington, intended to support alternative fuels, such as ethanol, which he did at length, slamming Big Oil and talking about his own LincVolt, an old Continental that runs on ethanol and electricity.

Young said he drove the 1959 Lincoln, which runs on ethanol and electricity, to Fort McMurray while traversing the continent from his California home to Washington over the last two and half weeks.

At the same time, Canada’s Natural Resources Minister Joe Oliver was making the latest in a long series of lobbying visits by ministers and premiers intended to sway President Barack Obama to approve the long-delayed pipeline.

Ms. Kleeb wasn’t impressed. “Prime Minister Harper can write all the memos he wants, Joe Oliver can say anything but the reality is people are dying and the alliance between cowboys and Indians is stronger than any K Street lobbyists Canada hires.”

All Risk, No Rewards, another group opposed to Keystone XL also echoed Mr. Young’s comments.

“Canada’s First Nations know all too well the risks of Keystone XL and the risks of expanding the tar sands,” said Rachel Wolf, a spokeswoman for the group. Ranchers in Nebraska and First Nations peoples in Canada have more in common than one might think: they’re ‘Ordinary People’ who share a common goal to protect their land and protect their water, and they both know that these tar sands expansion projects are all risk and no reward.”

Mr. Young described his recent visit graphically. “The fuel’s all over – the fumes everywhere – you can smell it when you get to town. The closest place to Fort McMurray that is doing the tar sands work is 25 or 30 miles out of town and you can taste it when you get to Fort McMurray. People are sick. People are dying of cancer because of this. All the First Nations people up there are threatened by this.”

Mr. Young’s comments don’t sit well with Fort McMurray’s mayor, who called them “blatantly false.”

Melissa Blake, mayor of the Regional Municipality of Wood Buffalo, which includes Fort McMurray, said she has no problem with people having environmental interests at heart.

But she said Fort McMurray is totally different from Mr. Young’s characterization. With his power in the music industry, she’s disappointed “there wasn’t more rationality to it.”

“When people say it’s a wasteland, it really and truly isn’t,” Ms. Blake said. “When it comes to the community of Fort McMurray, you’re overwhelmed frankly by the beauty of it. You’ve got an incredible boreal environment that’s all around you. You proceed further north into the oil sands and inevitably, there’s mining operations that will draw your attention because they take up large chunks of land.”

The mayor said she always invites outsiders to the region to see the landscape, and to see oil sands companies’ reclamation efforts.

Danielle Droitsch, director of the National Resources Defense Council, said “Seeing tar sands development up close is shocking” adding “these are massive operations and industry hopes to triple its production over the next 20 years.”

Blocking Keystone XL will thwart expansion of oil sands production, according to the NRDC, but Mr. Oliver says Canada will just export its reserves elsewhere.

With files from Steven Chase and The Canadian Press

Redskins remorse?

washington redskins

Sports columnist Peter King refuses to use controversial name of Washington’s NFL team

By John Luciew

Penn News September 10, 2013

 

The Washington Redskins could have bigger problems than their 33-27 loss to Coach Chip Kelly’s no-huddle, quick-strike Philadelphia Eagles last night. Once again, outrage is brewing over the Redskins name. And now one of the nation’s most respected NFL journalists has joined the side who believes Washington’s team name is an affront to Native Americans.

None other than Peter King, the Monday Morning Quarterback, himself, is swearing off using the term “Redskins” ever again in his blanket-like coverage of the NFL. King made the announcement on his Monday Morning Quarterback website, a multi-page overview of all things NFL.

“I’ve decided to stop using the Washington team nickname. It’s a name you won’t see me use anymore. The simple reason is that for the last two or three years, I’ve been uneasy when I sat down to write about the team and had to use the nickname. In some stories I’ve tried to use it sparingly. But this year, I decided to stop entirely because it offends too many people, and I don’t want to add to the offensiveness. Some people, and some Native American organizations—such as the highly respected American Indian Movement—think the nickname is a slur. Obviously, the team feels it isn’t a slur, and there are several prominent Native American leaders who agree. But I can do my job without using it, and I will.”

 

And just to prove it, King pointed to a 2,400-word feature on Washington’s offensive coordinator, Kyle Shanahan, that never once mentions the team’s name.

For his part, Redskin’s owner Daniel Snyder has said repeatedly that he has no intention of ever changing his team’s name, despite protests from Native American groups and a growing legion of sports journalists, who like King, will not say or write the team name.

Snyder has emphasized the word “never” when ruling out such a name change, instructing reporters to print the word in all-caps.

Judge orders Marysville to pay Cedar Grove $143,000

A judge finds that the city failed to turn over emails requested by Cedar Grove Composting as public records.

 

September10, 2013
By Bill Sheets, Herald Writer

EVERETT — The city of Marysville was ordered Monday by a judge to pay more than $143,000 to Cedar Grove Composting for violations of the state public disclosure law.

The Everett composting company last year sued Marysville in Snohomish County Superior Court over the city’s withholding of emails between it and a consultant.

In an unusual move, Judge Richard T. Okrent also ruled that the city should have disclosed emails related to Cedar Grove that were sent internally at the consulting firm, Strategies 360.

Cedar Grove officials did not respond Monday to an email seeking comment.

The city of Marysville, the Tulalip Tribes and many who live in Marysville and Everett have been battling Cedar Grove for several years over allegations that the company’s Smith Island plant has been emitting offensive odors in the area.

Strategies 360 was performing public relations work for Marysville related to the issue.

The consulting firm already had been hired by the city to lobby on transportation and other issues and had been paid a flat rate of $7,500 per year for all the combined work, according to city administrator Gloria Hirashima.

Last year, Cedar Grove filed a public disclosure request with the city for all written communications with Strategies 360 related to the composting company. The city supplied most of the emails but withheld a number of them, claiming they were exempt from public disclosure because of attorney-client privilege. The emails contained discussions of legal strategy, Hirashima said.

Okrent ruled that 15 of those emails did not meet that standard. Though Marysville released the emails before Cedar Grove filed the lawsuit, the city should have released them sooner, the judge ruled.

The emails contained possible strategies and approaches, some of which the city used and some it didn’t, Hirashima said. For example, the city acted on the consultants’ suggestion to have city and Tulalip tribal leaders send letters to elected officials, she said.

The emails also revealed that the city and Strategies 360 helped residents write letters to newspapers and with other activities, such as applying for grants, according to the original complaint by Cedar Grove.

Hirashima said there’s nothing wrong with that in itself.

“We had literally hundreds of citizens asking us for help on this issue,” she said.

Mike Davis, leader of the Cedar Grove opposition group Citizens for a Smell Free Snohomish County, acknowledged he had help with letter writing but said he took the initiative.

“Any implications that we were created by the city of Marysville or that they ran the citizens group is not true,” he said. “I went to my elected officials as any citizen should. We were offered and gladly accepted help from the city. Fix the smell, I go away, it’s that simple.”

Also, Okrent ruled the city was negligent in failing to track down 19 other emails in response to Cedar Grove’s disclosure request.

Marysville also should have released internal Strategies 360 emails pertaining to Cedar Grove, the judge wrote in the ruling signed on Monday. The firm was acting as an employee of the city on the matter, he said.

“Marysville knew what Strategies was doing, paid them for those activities, was generally aware that there were documents in Strategies’ possession created during those activities, and discussed the contents of some of those documents with Strategies,” Okrent wrote.

The attorney working on the case for Marysville, Jeff Myers of Olympia, said the ruling broke new legal ground.

“I think it caught everyone by surprise that the court did what we thought was an unprecedented extension of the public records act to records the city never had,” Myers said. “Those were things the city never saw, didn’t possess and some of it was done for other clients.”

Myers said he’s specialized in public disclosure law for nearly 10 years and “it’s the first time to my knowledge it’s been done anywhere,” he said of the ruling.

Hirashima said the ruling sets an ominous precedent in terms of how the city and other government agencies must respond to disclosure requests in the future.

“This is a distraction from trying to get the (odor) issue addressed,” she said. “There are tools Cedar Grove has to inflict punishment back.”

Cedar Grove two years ago was fined $119,000 by the Puget Sound Clean Air Agency for odor violations at its plants in Everett and Maple Valley in King County.

That amount was applied toward Cedar Grove’s $200,000 contribution to a $375,000 study of odors in the Snohomish River Delta run by the Clean Air Agency.

The city of Seattle and King County, both of which send yard and food waste to Cedar Grove, put up $100,000 and $50,000, respectively. The Clean Air Agency is spending $25,000.

Bill Sheets: 425-339-3439; sheets@heraldnet.com.

Feds give final approval to owl-killing experiment

 

Northern Spotted OwlPhoto source: Wikipedia
Northern Spotted Owl
Photo source: Wikipedia
Barred OwlPhoto Source: Wikipedia
Barred Owl
Photo Source: Wikipedia

September 10, 2013 @ 9:14 am

 

GRANTS PASS, Oregon (AP) – Federal wildlife officials are moving ahead with an experiment to see if killing a rival owl will help save the northern spotted owl from extinction.

The U.S. Fish and Wildlife Service said Tuesday it gave final approval to a plan to send trained hunters into the woods to shoot barred owls.

Barred owls migrated from the East and arrived in spotted owl territory in 1959. The agency says they have since become the biggest threat to spotted owl survival.

Plans are to kill or capture barred owls in four study areas in Washington, Oregon and Northern California over the next four years.

The spotted owl forced big changes in management of national forests when environmentalists won lawsuits to protect the old growth forests where the owls live from logging.

 

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

Coeur d’Alene Tribe fights sewage disposal on reservation land

September 7, 2013

Kip Hill The Spokesman-Review

 

 

A company hauling human waste from Spokane into Idaho as fertilizer has sparked a legal fight with the Coeur d’Alene Tribe.

Gobers Pumping and Repair, with business partner St. Isidore Farms, will have to prove that injecting 54,000 gallons of sewage from septic tanks and portable toilets into a 150-acre patch of privately owned farmland just inside the reservation boundary near Plummer poses no health risk.

The case has prompted a visceral reaction from tribal leadership and pits expert witnesses testifying to the safety of the interstate sludge against worried hunters and anglers.

“It makes me sick just thinking about it,” said Chief Allan, chairman of the Coeur d’Alene Tribal Council.

The tribe filed suit against the two companies in its own tribal courts earlier this year seeking to ban the delivery of waste onto St. Isidore property. While the farm’s property lies outside tribe-owned lands, it is on the reservation, the tribe contended, and the injection process was feared to pose a health risk to grazing animals near the site hunted by tribal members.

In March, the tribal council passed a resolution aimed at forcing the fertilization process off reservation lands by limiting solid waste disposal to council-approved locations.

St. Isidore and Gobers took the dispute to U.S. District Court and used testimony from Tom Hess, a professor of biological and agricultural engineering at the University of Idaho.

“The land treatment is … one of the main ways they treat septage,” Hess said, referring to the semisolid waste that is pumped from residential retention tanks. The process is particularly common on the East Coast, he said.

Hess visited the St. Isidore site in June, gathering soil samples and testing for the presence of disease-causing bacteria in the soil. He determined the site “poses neither threat nor harm to the health and welfare of the Coeur d’Alene Tribe or its members,” according to court records.

Scott Fields, Water Resource Program administrator for the tribe, disagreed.

After reviewing the St. Isidore application approved by the Department of Environmental Quality, Fields expressed concern that the waste posed “a risk to the water quality of the Coeur d’Alene Tribe of Indians’ Reservation.”

Several tribal members also offered declarations expressing concern about the animals grazing nearby.

The injection process shoots the sewage into the ground about eight inches beneath the surface, said Gregg Smith, lead counsel for St. Isidore and Gobers. Hess also concluded the sewage posed no risk to wildlife.

Returning the case to the tribal court to settle the health risk, U.S. District Judge Edward Lodge said the question of whether a threat exists “must be analyzed objectively based on all the facts available.”

Smith called the ruling “frustrating,” disputing many of the claims made by the tribe in response to the ruling. A determination has not yet been made whether to pursue an appeal in federal court or take the argument back to the tribal court in Plummer.