Tulalip News

Great Lakes saved from nuke waste shipments!

Detroit News graphic of planned shipment route from Bruce nuclear power plant, Canada to Studsvik, Sweden radioactive waste “recycling” center.By Emma Lui, Intercontinental Cry

Communities and organizations around the Great Lakes received heartening news over the weekend. A plan to ship radioactive waste across the Lakes was officially cancelled after years of community opposition.

Swedish company Studsvik announced that the plan was annulled in its interim report for the first half of 2013.

As you may remember, Bruce Power had proposed shipping 16 bus-size radioactive steam generators across the Great Lakes and Atlantic Ocean to Sweden for the nuke waste to be decontaminated.

City mayors, U.S. Senators, environmental and nuclear groups, indigenous communities and other civil society groups raised many important concerns about this shipment including the potential for water contamination and the lack of adequate community consultation. The shipment would have passed through British, Danish and Swedish waters and many European organizations and communities spoke out against the shipments.

This is a huge victory for communities around the Great Lakes and shows what can be achieved when people come together with passion and purpose.

However, the need to protect the Great Lakes from nuclear waste is not over. We need to use this victory as fuel for stopping plans to bury nuclear waste in the Great Lakes Basin. Ontario Power Generation has proposed a plan to bury low and intermediate level waste on the shores of Lake Huron. And there are further plans to find a willing community in Ontario or Saskatchewan that would bear the brunt of a high-level nuke waste site.

Great Lakes Nuclear Hot Spots Map (Credit: Great Lakes United and the International Institute of Concern for Public Health)

Article Adapted for Intercontinental Cry under a Creative Commons (BY-NC-SA 3.0) license. Originally published at Canadians.org

Blaze at Colville Tribes headquarters appears to be accidental

Source: indianz.com

A fire that destroyed the headquarters of the Confederated Tribes of the Colville Reservation appears to have been an accident, The Wenatchee World reported.

The preliminary investigation didn’t turn up anything suspicious, the paper said. The fire apparently started in the basement before spreading to the rest of the building.

Cedar was used throughout the entire structure, which hastened its demise. The headquarters was 40 years old and was built before the tribe updated its fire code.

“Cedar is important to our people, and I understand why it was built from cedar,” Chairman Michael Finley told the paper. “But when you look at it from the perspective of a fire marshal, it may not be the best building material.”

The tribe lost an untold number of official records in the fire.

Michael Connor nominated for top post at Interior Department

Source: indianz.com

Michael L. Connor, a descendant of Taos Pueblo, will be nominated as deputy secretary of the Interior Department.

Connor has served as Commissioner for the Bureau of Reclamation since 2009. He has worked on negotiating and implementing several tribal water rights settlements.

“Mike will bring a wealth of knowledge and experience to the position after two decades in public service working on energy, conservation and water issues,” Interior Secretary Sally Jewell said in a press release.

“He has proven himself to be a thoughtful and collaborative leader on some of the toughest challenges at the Department – including finding sustainable solutions to water challenges in the West and resolving Indian water rights claims. Interior will be well served by his commonsense approach in the Deputy position.”

If confirmed by the Senate, Connor would be the first Native American descendant in the second-highest ranking post at DOI. He would succeed David Hayes, who left the Obama administration in June.

The Gloves Come Off: Civil Rights Suit Filed as Adoption of Veronica Finalized

Suzette Brewer, Indian Country Today Media Network

Before the adoption of Veronica Brown to Matt and Melanie Capobianco was finalized yesterday in a South Carolina courtroom, the Native American Rights Fund made good on its promised Civil Rights litigation, filing a complaint late Tuesday night in federal district court on behalf of the girl’s right to due process in a “meaningful hearing” to determine her best interest. The courts in South Carolina failed to “take into account or require any inquiry” regarding Veronica’s current circumstances before approving the transition plan provided by Matt and Melanie Capobianco of James Island.

Supreme Court Thwarts ICWA Intent in Baby Veronica Case

Anger Erupts Across Indian Country Over Baby Veronica Ruling

Native American Rights Fund: Stop the Forced Removal of Baby Veronica

Additionally, the suit (V.B. v. Daniel E. Martin, Family Court for the Ninth Judicial Circuit) declares that Veronica is a tribal member and remains an “Indian Child” under the Indian Child Welfare Act, and therefore she “possesses a federally protected right” to a best interest hearing under federal law.

Supported by dozens of tribes, civil rights and child welfare groups, adoption advocacy organizations, legal authorities and Native American groups, the complaint seeks federal jurisdiction over the case, as well as an injunction prohibiting South Carolina courts from further proceedings pending a full and “meaningful” best interest hearing.

Angel Smith, an Oklahoma attorney appointed by the Cherokee Nation to represent Veronica as a tribal member, filed the motion on the girl’s behalf.

The Cherokee Nation reacted swiftly to the finalization of the adoption and transition plan in South Carolina.

“Today, a Family Court in South Carolina finalized the adoption of an almost 4-year-old Cherokee child who has been living with her unquestionably fit, loving, biological father and large extended family, for one year and seven months, half a continent away in Oklahoma and Cherokee Nation,” said Chrissi Nimmo, assistant attorney general for the Cherokee Nation. “This decision was made without a hearing to determine what is in Veronica’s current best interests and comes almost two years after the same Family Court found that Dusten Brown was a fit, loving parent and it would be in Veronica’s best interests to be placed with her father. Every parent in America should be terrified.

Dusten Brown is an honorable man and a good father. Cherokee Nation will continue to support Dusten, Veronica and the entire Brown family in their attempt to keep their family whole.”

Dusten Brown, who is currently in training with the National Guard, also issued the following statement:

“Our family is shocked and deeply saddened that the South Carolina Supreme Court has refused to allow Veronica’s best interest to be considered. Even worse, that Court issued an order they acknowledge will cause my daughter to suffer harm. The Court gave its blessing to the transition plan offered by the Capobiancos that says upon transfer to them, Veronica will be ‘fearful, scared, anxious, confused,’” said Brown.

“They say she will likely become quiet and withdrawn and may cry herself to sleep. That the transfer will cause ‘grief’ and ‘loss’ and she will feel ‘rejected’ by me and her family. They say it will leave her with many ‘unanswered questions.’ I will not voluntarily let my child go through that, no parent would. I am her father and it is my job to protect her. My family and I continue to pray that the justice system bring justice to Veronica.”

But legal experts acknowledged that the fight over custody of Veronica is not only not over, but has now moved into a whole new level of litigation. In spite of South Carolina’s ruling yesterday, enforcement in Oklahoma courts will now be the focus of the case.

“Everything will now move to Washington County, Oklahoma, where Veronica now resides,” said a legal scholar who asked for anonymity because of the ongoing litigation. “But it will require a bit of time for any order to be domesticated in that state. You may have an order from South Carolina, but guess what? Veronica’s not in South Carolina. She’s been domiciled in Oklahoma for 19 months and there’s no way a court in Oklahoma is going to approve enforcement of this order without a normal, legal checklist of things that would be required for any other child up that’s been put up for adoption, not to mention a child who is a tribal member and is living with a biological parent.”

For example, the adoption was finalized without a current homestudy or psychological evaluation of any of the parties involved, which legal and child welfare experts say are standard operating procedures.

“It’s called giving ‘full faith and credit’ to another state’s order,” said the expert. “[The legal team] is going to go into court to argue that full faith and credit should not be given to the South Carolina order because the courts there did not follow the law. And Oklahoma, quite frankly, does not have to give full faith and credit if Veronica’s constitutional right to due process has been denied.”

Additionally, observers say that because jurisdiction has been shifted to Oklahoma, the gloves have now come off in a state that was originally founded as “Indian Territory.” With nearly 40 tribes, including the Cherokee Nation, Oklahoma has the second largest American Indian population in the United States. And they have watched the events in Adoptive Couple unfold in South Carolina with growing alarm and disgust.

“How is it that Paul Clement, who wasn’t even a party in this case, walks into the United States Supreme Court and insults every Indian tribe in the country by making this case about blood quantum and fiercely advocating for a ‘best interest’ hearing, only to have it shot down in South Carolina because the judges there think it’s too hard?” asks one Tulsa lawyer who works exclusively in ICWA cases. “It simply boggles the mind that any court would callously disregard the most important party in this case: Veronica herself. The fight is definitely not over.”

Lori Alvino McGill, the attorney for birth mother Christy Maldonado, today dismissed the federal suit to stop the finalization of the adoption as a “publicity stunt,” as tribes across the country continue to unify in support of Veronica and the Indian Child Welfare Act.

Baby Veronica’s Birth Mother Files Suit, Claims ICWA Unconstitutional

Meanwhile, on Tuesday the Capobiancos filed their response to Dusten Brown’s request to the U.S. Supreme Court that the South Carolina courts postpone finalization of the adoption until a best interest determination hearing could be held. Chief Justice John Roberts, an adoptive parent himself who sided with the majority against Brown, oversees emergency petitions for the Fourth Circuit Court of Appeals, which includes South Carolina.

Sources in Washington have pointed out that Alvino McGill’s role in Adoptive Couple is more than that of a spokesperson for Christy Maldonado. As it turns out, Chief Justice Roberts and former solicitor general Ted Olson, both of whom sided with the Capobiancos, attended Ms. Alvino McGill’s 2006 wedding to Matthew McGill who, coincidentally, was a clerk for John Roberts in the D.C. Circuit Court of Appeals. Therefore, given the cozy nature and small world influence in the Capitol’s legal circles, observers say it was no surprise when Adoptive Couple v. Baby Girl was granted petition of certiorari in January.

“Dusten Brown never had a chance,” said the source. “His biggest sin was that he got on the wrong side of the billion dollar U.S. adoption industry and he was winning. [The Supreme Court] knew this when they took cert on this case, otherwise, why would they bother with a custody dispute that should have been nipped in the bud four years ago? And the sad part is that he’s rehabilitated himself in every way in this case. He’s gone to every length to keep his child, he’s done everything asked of him. But it is a system that was stacked against him from the beginning. This is Worcester v. Georgia all over again.”

After the South Carolina court’s ruling finalizing the adoption of his daughter, Dusten Brown made a direct plea to the Capobiancos.

“To Matt and Melanie Capobianco I want to say this: Please, for Veronica’s sake, just stop. Stop, and ask yourself if you really believe this is best for her.”

Fate of Harvest Camp Postponed, Considered a Political Lightning Rod

Mary Annette Pember, Indian Country Today Media Network

The Iron County Board voted on July 30 to postpone action against the Penokee Hills Education Camp, referring the issue back to the Forestry Committee with instructions to work with county and LCO tribal attorneys to find a legal way to allow the camp to remain in the forest.

About 50 people gathered at the Penokee Harvest Camp immediately before the meeting for a flag raising ceremony and tobacco offering by Bad River tribal elder Joe Rose. Lac Courte Oreilles vice chairman Rusty Barber was on hand to personally raise the LCO flag and underscore the cultural and environmental significance of the Camp. “We want to tell our future generations how to use mother earth in the right way,” he said.

More than 100 people showed up at the Iron County courthouse Tuesday night in support of the camp, many carrying signs supporting the Harvest Camp and treaty rights.

The tiny county board meeting room was filled to capacity forcing many people to wait outside and in the hallway. Several people spoke during the public comment period before board members voted, most in opposition to the mine.

Several people giving public comments were overcome with tears as they spoke of the injustice of putting an open pit mine in the Penokees. Others described how the Harvest Camp had turned around their perceptions of Native people who are often scape goated by the mainstream community as opponents to progress and jobs. Aileen Potter of Montreal, a few miles from the proposed mine described how she was taught to fear Native people as a child. “My dad used to tell us to duck down in the car when we drove through the Bad River reservation,” she recalls.

Originally a mine supporter as a way to generate jobs in the community, she has since changed her opinion after learning more about the potential impact on the water and environment. Recently she worked up the courage to visit the Harvest Camp.

“It was scary for me to go out there. I was nervous but Mel (Mel Gaspar, camp leader) greeted me at the entrance and asked if I had come to learn about what was going on there,” she said.

Gaspar gave her a tour of the camp and described the work being done to identify plant species, teach people about traditional Ojibwe gathering methods and determine the potential impact of the mine on the area.

Potter has been trying to educate other people in her community about the dangers presented by the mine but opines that although many not support it, they are afraid to speak out against it. “They may be afraid of being penalized at work or becoming targets in the community, “ she speculated.

The boardroom debate became heated when board member James Lambert complained that the camp was not about treaty rights but was in fact a protest against the mine. “I don’t consider this to be a treaty rights issue at all,” he interjected during the public hearing portion of the meeting.

Although the board charged the Forestry committee to work out a way for the camp to remain in the forest, it is unclear if such an arrangement is possible under current Wisconsin state statutes. Corporation counsel for the Iron County board Michael Pope expressed concern about ensuring that any agreements between the county and LCO tribe met with the Wisconsin Department of Natural Resources approval. If the county does not conform to DNR statues, it runs the risk of losing financial support and grant monies administrated by the DNR.

Paul DeMain, spokesperson for the Harvest Camp was pleased with the county’s action and hopeful that the attorneys can arrive at a decision that both sides can agree on.

“This decision gets the issue back where it needs to be in order to find a middle ground,” he observed.

Joseph Pinardi, Iron County board chairman was clearly eager to get Iron County out of the national spotlight and return to “business as usual” as he described the work for the normally sparsely attended meetings in this small county.

He told a reporter that the controversy surrounding the Harvest Camp was “seriously blown out of proportion.”

The camp has become a political lightning rod and will continue to draw fire from both sides.

In June Wisconsin Rep. Mark Honadel (R-South Milwaukee) rallied fellow Republicans to introduce a bill into the state budget that would restrict public access to mining sites under the auspices of concern for public safety. He told the Milwaukee Journal Sentinel that public access is already restricted from areas where mining is going on. “It just makes common sense,” he said.

The bill didn’t pass however because it was “too rushed” according to Honadel. He told the Daily Reporter, however, that the state assembly should act quickly to introduce a separate bill that restricts public access.

After visiting the Harvest Camp in July, however, state Senators Bob Jauch (D-Poplar) Dale Schultz (R-Richland Center) and Tim Cullen (D-Janesville) announced that they will introduce legislation to address workplace safety and ensure public access to open managed forest land. The proposed Gogebic Taconite (GTAC) mine is located on such land.

Public access and public gatherings have been a sore spot for the Gov. Scott Walker administration. Harkening back to the 1960’s Vietnam protests, groups have gathered in the capital rotunda daily to sing protest songs. The Solidarity Sing Alongs held at the capitol building in Madison protesting the Walker administration since 2011 have grown in size. In response, Walkers administration revised the buildings public access policy, requiring groups to get permits for organized activities. Last week, over a three-day period, police arrested nearly 100 people for singing in the capital rotunda including a mother who was led away in handcuffs as her young daughter stood by. Protesters were issued citations in the amount of $200.00.

The Walker administration described the sing-alongs as disruptive and claimed that the gatherings discouraged others from visiting the building. Protesters, however, maintain that it is their constitutional right to gather and petition their government. Earlier in July, a federal judge upheld Walkers change in access policy.

On July 30, Walker supporters occupied the capital rotunda leaving protesters to gather on the lawn outside the building. The Wisconsin State Journal described the gatherings as “dueling protests.”

Several opponents to the GTAC mine have also participated in the sing-alongs including Rebecca Kemble of The Progressive Magazine whose parents were arrested for their participation last week. Tom and Joan Kemble are 85 and 80 years old.

As for the Harvest Camp, it’s time to “hunker down” according to DeMain. Camp organizers will continue with their work of educating the public about the cultural and environment significance of the Penokee Hills and hope to expand to create a public market for Native artists. “If we build it, they will come,” DeMain said.

RELATED: Wisconsin Mining War

Feeling our pain: Seattle named most miserable sports city in America

Forbes Magazine has named Seattle America's most miserable sports city for our lack of titles and loss of the Sonics. (AP image) — Forbes Magazine has named Seattle America’s most miserable sports city for our lack of titles and loss of the Sonics. (AP image)

BY JOSH KERNS on July 31, 2013

MyNorthwest.com

Whether it’s a decade of futility from the Mariners, the failed efforts to bring the NBA back to town or last season’s heart-breaking, season-ending Seahawks playoff loss in the final minutes to Atlanta, Seattle sports fans know misery. And now Forbes is making sure the rest of the country feels our pain, naming Seattle the most miserable sports city in America.

The annual ranking isn’t solely about absolute futility, Forbes says. Coming up short in the playoffs can cause even greater agony, like the Seahawks’ 2005 Super Bowl loss to Pittsburgh.

Writer Tom Van Riper came up with the list based on a misery index, giving the most misery points for the worst records in pro-sports championship round play. That includes the Super Bowl, World Series, NBA Finals and NHL Finals. Teams then get fewer points for futility in preceding playoff rounds. All told, only major U.S. sports towns with at least 75 cumulative NFL, MLB, NBA and NHL seasons are eligible.

Close, but no cigar isn’t the only criteria. Van Riper also gives points for championship droughts, adding points based on how long it’s been since the last title (Seattle’s last was the Sonics in 1979, as the WNBA isn’t counted in his rankings.)

The index also gives bonus points for cities that lost a team to relocation. We certainly know how painful that is with the Sonics move to Oklahoma City.

The new rankings could spark plenty of arguments from fans in other cities who’ve certainly suffered more than their fair share. Atlanta comes in just behind Seattle, thanks to a regular pattern of playoff disappointment from the Braves, the Falcons frequent playoff losses and the city losing its NHL franchise twice.

Fans in Phoenix have experienced plenty of playoff pain with the NBA Suns making it to nine western conference finals and two NBA Finals without a title. In Buffalo, the faithful have suffered four Super Bowl losses by the Bills while the NHL Sabres have yet to win the Stanley Cup despite making the playoffs 29 times since 1973.

As they say, misery loves company. So I guess we can take some comfort knowing we’re not alone. And with Super Bowl hopes so high for the Seahawks, maybe we’ll get off the list by this time next year. Or at the very least, we can solidify our spot atop the index. We certainly spend plenty of time there. Seattle was most miserable in 2011, slipping to number two a year ago before reclaiming the top spot.

Forbes most miserable sports cities:

1. Seattle

2. Atlanta

3. Phoenix

4. Buffalo

5. San Diego

6. Cleveland

7. Kansas City

8. Houston

9. Washington, DC

10. Denver

Huge whale carcass washes up on Washington beach

Researchers perform a necropsy on a gray whale that washed up on the Washington coast near Westport. (David Haviland/KBKW image)

BY JOSH KERNS on July 31, 2013

MyNorthwest.com

A dead gray whale that washed up on the Washington coast overnight Sunday was likely killed in a collision with a ship, researchers determined after a preliminary necropsy. And you’ll soon be able to see the skeleton up close.

The 39-foot adult female was found Sunday night on the beach in Grayland near Westport. Its carcass will be stripped and the skeleton sent to the Westport Aquarium, the owner of the aquarium told KBKW in Aberdeen. Marc Myrcell says he plans to put it on display in the future.

Jessie Huggins, with Cascadia Research, says the whale suffered broken bones and bruising in front of the blowhole, near the whale’s jaw. “It’s like the bridge of the nose near the cheek” on a human, though that comparison is not exactly equivalent, Huggins tells theDaily World.

Myrcell plans to get a backhoe to drag the carcass about 1,000 feet up the beach in the next couple of days to private, wooded land, where it will be allowed to decompose.

The whale is the second to wash up on the Washington coast in the last month. A fin whale was found dead on the beach near Ocean Shores in early June. Its carcass eventually washed out to sea. In April, another fin whale was found on the shore in Burien. Wildlife officials towed it to another beach where it was allowed to decompose.

Senecas give state of New York $349 million check

31 Jul 2013 Ed Drantch

NIAGARA FALLS, N.Y. (WIVB) – Casino cash is flowing once again into Western New York now that the financial standoff between New York State and the Seneca Nation has ended.

On Wednesday, the Senecas delivered a check for more than $300 million, putting those disagreements in the past. Niagara Falls Mayor Paul Dyster says without this money there would have been big budget problems by November. And Governor Andrew Cuomo says he’s unsure how the city even managed to make ends meet.
“The Seneca agreement is one of the best pieces of news we’ve received in a very, very long time,” Mayor Dyster said.

Governor Cuomo added, “I think it’s a new day today in Niagara Falls. I think it’s been a new day for Western New York and I think today is just emblematic of that.”
The $89 million given to Niagara Falls is part of a larger pot of $349 million presented to the state. The money was withheld after years of back and forth over exclusivity rights and the establishment of “racinos.”

Seneca Nation President Barry Snyder said, it’s all in the past.
“We’re going to keep this compact intact cause we’re going to communicate and we’re going to move forward,” he assured.

The City of Buffalo also received $15.5 million and $34.5 million was given to Salamanca. But of all the host cities, Niagara Falls was impacted the most.
“Tens of millions of dollars that we had budgeted for our schools, our roads, our infrastructure were held back because the state and the Senecas couldn’t reach common ground. It was a very difficult time, but somehow we got through it,” Mayor Dyster said.

The governor praised the mayor, saying he rose to the occasion under rough economic conditions. Cuomo said he believes state government failed Niagara Falls, but this agreement will move them forward.
“It’s good for the Seneca Nation; it’s good for Niagara Falls; it’s good for Western New York; it’s good for the entire state. This is a symbol of a new day and a new relationship,” Governor Cuomo said.

The governor says all the money due to New York State by the Seneca Nation been paid, both past and present, and they’ll continue to make regular payments.

The $89 million check given to Mayor Dyster will be on display in City Hall.

Sioux Students Kindle Solar Knowledge

It started with a spark — an interest in green energy. This glimmer of curiosity led Lyle Wilson, an instructor at Oglala Lakota College in South Dakota and U.S. Army veteran, to start researching renewable energy technologies such as solar, wind and geothermal. Now sparked by Lyle’s interest, members of the Oglala Sioux Tribe of the Pine Ridge Reservation are finding new possibilities in their clean energy capabilities.

Students and instructors at Oglala Lakota College designed, connected and built a mobile solar energy system over the course of two days. | Photo courtesy of Oglala Lakota College.<br /><br />

July 24, 2013 Energy.gov

Minh Le

Program Manager, Solar Program

As part of his work at Oglala Lakota College, Lyle works with students in the applied sciences department to construct houses for members of the tribe. He envisioned taking the work a step further by integrating solar panels into new homes to help reduce power bills. To make it happen, Lyle reached out to Solar Energy International (SEI), which helps coordinate solar training courses for the Energy Department’s Solar Instructor Training Network.

From there, a group of students and instructors at the college signed on for SEI’s Photovoltaic (PV) 101: Solar Design and Installation course, in which they set up their first grid-tied photovoltaic system. This introduction served as fuel for their solar fire. Next, about 20 people took part in SEI’s PV 203: Solar Electric Design (Battery-Based) class. This course allowed them to install two 250-watt solar panels on their construction trailer.

“Most kids don’t want to sit in class — they want to get out and do things,” said Lyle. “We did a short one-day lesson in the classroom then went down to the yard and designed, connected, and built the system over two days. Our students were actually sort of stunned to learn how easy it is to do something like this once they understand the fundamental concepts.”

The mobile solar energy system built through the PV 203 course now provides enough power to run electric tools at construction sites, supports community service projects and serves as an educational resource for school-aged children.

Lyle sees these accomplishments as just the start. With more knowledge, more possibilities come into focus. Up next, the students hope to take another SITN course on setting up their own power grid. This would offer potential savings for the tribe, provide a degree of energy independence and empower students by bringing new job skills into the community.

“We could install 40 panels as a test to see how much money we could save by getting power from the sun,” said Lyle. “Then we could pass that information on to the tribe.”

Progress against 2 big Washington wildfires

Published: July 31, 201

The Associated Press

WENATCHEE, WASH. — Firefighters are making progress against two big wildfires burning near Wenatchee and Goldendale in Eastern Washington.

They have completed a line around the fire that burned about 35 square miles around Satus Pass, about 15 miles northeast of Goldendale. Spokesman Dam Omdal says more than 1,300 firefighters are mopping up hot spots and strengthening the lines. Evacuations have been lifted. Highway 97 remains closed between Goldendale and Toppenish.

At the 93-square mile fire south of Wenatchee, spokeswoman Linden Lampman says fire retardant drops Tuesday and about 80 hot shot firefighters working overnight prevented the fire from spreading south into Kittitas County where some residents have been evacuated. Nearly 400 firefighters are on the scene.

This Monday, July 29, 2013 photo shows the Colockum Pass fire burning in the mountains which has also burned its way down to the banks of the Columbia River. The Colockum Pass fire has grown to more than 10 square miles burning 5 five homes in addition to other structures 20 miles south of Wenatchee. (AP Photo/The Seattle Times, Steve Ringman)

The fire danger remains high through Thursday with the threat of lightning strikes from thunderstorms.