French plan to auction Hopi masks stirs furor

“Plans to auction the dramatic facial representations on April 12 spawned a protest from the Hopi Cultural Preservation Office and calls for the French government to intercede.”

A French auction house will auction off this Hopi kachina face depicting Crow Mother. Neret-Minet Tessier & Sarrou
A French auction house will auction off this Hopi kachina face depicting Crow Mother.
Neret-Minet Tessier & Sarrou
By Dennis Wagner

 

The Republic | azcentral.com

 

 

 

 

Tue Apr 2, 2013 11:36 PM

 

The Heard Museum and the Museum of Northern Arizona have joined Hopi cultural officials in urging a French auction house to cancel the planned sale this month of about 70 ceremonial kachina faces, known to tribal members as “friends.”

In Hopi theology, kachinas are supernatural messengers depicted in fantastical costumes worn during religious ceremonies. There are several hundred spirit characters in the pantheon representing wildlife, plants, human qualities, weather and other facets of nature or society.

Also known as katsinas, these characters are more commonly depicted in smaller form as carved doll-like figures.

Plans to auction the dramatic facial representations on April 12 spawned a protest from the Hopi Cultural Preservation Office and calls for the French government to intercede.

The Museum of Northern Arizona’s director, Robert Breunig, posted a letter Friday to the Paris auction house on Facebook, urging that the iconic, masklike visages be returned to Hopis of Arizona and the related New Mexico pueblos of Acoma, Zuni and Jemez.

“I can tell you from personal knowledge that the proposed sale of these katsina friends, and the international exposure of them, is causing outrage, sadness and stress among members of the affected tribes,” Breunig wrote. “For them, katsina friends are living beings. … To be displayed disembodied in your catalog, and on the Internet, is sacrilegious and offensive.”

The Heard Museum also posted a message on Facebook, which was e-mailed to the auctioneers in Paris: “This sale of items of significant religious and cultural importance to the Hopi Tribe is of extreme concern to our American Indian employees, particularly our Hopi employees.”

The Paris auction house, Neret-Minet Tessier & Sarrou, advertised plans to put the spiritual figureheads up for sale. Online promotions list combined estimated values exceeding $775,000.

One of the “Hopi masques” has a listed value of up to $64,000. Officials at the firm did not respond to e-mail or phone messages.

Last month, Hopi Cultural Preservation Office Director Leigh Kuwanwisiwma released a statement opposing the auction and asking Neret-Minet to “begin respectful discussions to return them back to the tribe.”

Kuwanwisiwma did not respond to an interview request, but a tribal representative said he received no response from Neret-Minet.

Sam Tenakhongva, Katsina Clan leader for the Hopi village of First Mesa, declined to be quoted unless The Arizona Republic agreed to prior censorship of stories about the controversy.

Micah Loma’omvaya, chief of staff to Hopi Chairman LeRoy Shingoitewa, said his boss and the Tribal Council have yet to address the matter.

The Hopi religion is so secretive, and the kachina spirit figures’ roles so crucial, that tribal officials oppose publication of photographs. They also object to the word “mask” as a description of the supernatural caricatures worn by Hopi men during ceremonies.

That cultural sensitivity may be confusing, however, because Hopi artisans commercially produce and sell thousands of wooden effigies depicting the same spiritual entities. In fact, a Katsina Doll Marketplace scheduled April 13 at the Heard Museum in Phoenix boasts 100 artisans and is touted as “the nation’s largest gathering of Hopi katsina doll carvers.”

According to a Neret-Minet catalog, the collection in Paris was assembled by “a connoisseur with peerless tastes” who lived in the United States for three decades and spent time with the tribe.

“By his own admission, you have to see the masks in dances to fully appreciate them,” the text says. “The art and history of the Hopi are intimately linked.”

Objects that date from the late 19th and early 20th centuries are made from leather, fur, plants, feathers and other natural materials. They depict benevolent characters such as Crow Mother (Angwusnasomtaqa), the matron of all kachinas, and Mud Head Clown (Kooyemsi), who is “both the supreme mediator between good and evil and an insolent buffoon prone to scatological pranks.”

Jose Villarreal, editor and publisher at artdaily.org, which announced the auction, said he has been bombarded with e-mail complaints from Hopis who are “very mad.” Villarreal said he contacted the Neret-Minet and was informed that the sale will go as planned because the kachina art was legally obtained.

Marketing materials do not explain when or how the religious artworks were acquired. In past U.S. cases, some works have been secretly sold to collectors for a profit by tribal members.

The Hopi Cultural Preservation Office statement says, “It is our position that these sacred objects should never have left the jurisdiction of the Hopi Tribe. … No one, other than a Hopi tribal member, has a right to possess these ceremonial objects.”

The Native American Graves Protection and Repatriation Act of 1990 established a process for Indian tribes to reclaim funerary and sacred items within the U.S., but it carries no international authority.

The Heard Museum statement says France adopted provisions of the U.N. Declaration on the Rights of Indigenous Peoples and therefore should “take steps to return these ceremonial objects.”

In his letter to the auction house, Breunig noted that kachinas represent “a connection between the human world and the spirits of all living things and the ancestors” for tribal members. “I appeal to your sense of decency and humanity and request that you terminate the auction,” he added.

Numerous Hopis joined discussions of the controversy on museum Facebook pages, expressing outrage at the planned auction and at those who may have betrayed the tribe in the past by selling religious artifacts.

Reach the reporter at dennis.wagner@arizona republic.com or 602-444- 8874

Pechanga.net To Host First iGaming Conference

Source: Indian Country Today Media Network

Native news site Pechanga.net is hosting its first conference dedicated to iGaming for Indian tribes. “Indian Country Online: The 2013 Congress” will take place June 3-4 at Pechanga Resort and Casino in Temecula, California. Live registration is now available at www.indiancountryonline.net, and Pechanga.net is encouraging tribal leaders and gaming professionals to sign up now for “what is sure to be a transformative event in the history of tribal gaming.”

The conference will be co-presented by Pechanga.net and Spectrum Gaming Group, a gaming research and analysis firm. The one-day event, themed “No Tribe Left Behind,” will take a comprehensive look at the next wave of business opportunities that technology, e-commerce, and iGaming will create for the tribes and entrepreneurs of Indian country, states Pechanga.net. Industry experts will detail how to navigate the technological, financial and regulatory challenges facing tribes as they go online.

“I felt there was an urgent need for us to look beyond the current debate on online gaming and focus on the entire industry, including the myriad of business opportunities that will be created by iGaming and e-commerce,” said Victor Rocha, owner of Pechanga.net. “Creating this conference is my way of pulling back the curtains and demonstrating that every tribe in the country can have a role and an opportunity to benefit in some real and direct way. No tribe should be left behind!”

“With the prospect of online wagering, tribal councils face a combination of opportunities and challenges, along with a cacophony of opinions, interpretations, and legislative issues,” said Michael Pollock, managing director of Spectrum Gaming Group. “This conference has been structured to cut through the noise, identify the opportunities and chart some realistic pathways.”

A complete conference agenda and sponsorship opportunities will be available in coming weeks.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/04/03/pechanganet-host-first-igaming-conference-148505

Feature Film About Life of a Pow Wow Fancy Dancer Begins Filming This Summer

By Scott Barta, Indian Country Today Media Network

The first of its kind Hollywood film about American Indian life on the pow wow circuit is tentatively set to begin filming this July. The story will follow the life of a young men’s fancy dance contestant who travels and competes at pow wows held in Native communities across the Plains and Southwest. The production entitled, Dance Hard, is a behind-the-scenes look at pow-wow life and will take approximately four weeks to film. The film project will be employing local tradespeople and casting and lead actors and extras from among fresh, new local talent from many states, including New Mexico, South Dakota, and Montana, as well as Canada.

The writer, producer, and director of the project is Megan Clare Johnson, owner of the film production company Mama Simba Films, based in Los Angeles. She recently finished directing and producing a feature film she wrote called Stealing Roses, a comedy/drama about a couple struggling in a health care crisis. The film stars actors John Heard and Cindy Williams and is to be released ilater this year. Joining Johnson is producer Steve Beswick of POV Pictures, also based in Los Angeles.. Beswick is known for his work on the films The Hole, Starship Troopers 3, and Legion.

“We are extremely pleased to be the first filmmakers to cover such an amazing and thrilling American Indian art form and bring it into the living rooms and theaters of the American people.” said Beswick. “We will be employing local talent and featuring new faces on the big screen who are from the reservations in and near the states of New Mexico, South Dakota and Montana.”

The fancy dance is a most vibrant and crowd-pleasing category, featuring remarkably athletic and agile dancers who not only keep perfect beat but also can stop with the drum at anytime the singers decide to stop the beat. Three or more consecutive songs, lasting four minutes in length, are often sung for the fancy dancers so that selected judges can decide which order to place the winners based upon their talent, performance and overall dance aura.

In the film, an indigenous young man and his adopted non-Indian, Caucasian brother leave their Indian reservation and travel the country trying to make money for college as they compete in the summer pow wow dance competitions. On the road they confront relationships, bigotry, love and the different paths each must take.The film will also highlight reservation basketball (“rez ball”), as the two play and attend various games during their travels.

The producers are excited to be working with an expert and primary consultant on pow wows, Norman Roach, who hails from the Cheyenne River Reservation in South Dakota.

Roach was a fancy dance champion as a junior boy (ages 7-12), a teen (ages 13-17), and as an adult. He was a dancer and choreographer for years with the American Indian Dance Theater group that traveled the United States and numerous foreign countries sharing the various dances of Native nations. Roach was featured in the PBS Dance in America series and also in the American Indian Dance Theater production of Finding the Circle.

“I am honored to provide consultation for the making of this important film that will reveal to the citizens of the United States what magnificent talent and culture exists just outside their doors upon this Great Turtle Island.” said Roach, who is also an accomplished flute player and hoop dancer.

Norman Roach
Norman Roach

 

Roach is also known for his successful three-year direction of the only major pow wow to be held within the sacred Black Hills, the heart and center of the Lakota Nation and peoples. The NAHA Pow Wow brought in many champion dancers and drums to gorunds just south of Rapid City, South Dakota.  Roach was also instrumental in the founding of the Gathering of Nations Pow Wow, the largest in North America held each year in April in Albuquerque, New Mexico.

Roach is joined as a consultant by Robert “Tree” Cody, an enrolled member of the Salt River Pima-Maricopa Indian Community from Arizona, currently residing in Big Bear, California. Tree, given the name due to his 6′ 10” frame, is an expert flute player, winning Grammy award nominations and Native American Music Awards during his career. Cody has been a pow wow dancer since 1958 in fancy (believed to be the world’s tallest fancy dancer) and other categories.

Robert "Tree" Cody, master Native American flute player
Robert “Tree” Cody, master Native American flute player

 

Cody was featured playing his flute in an episode of the PBS series Reading Rainbow, entitled “The Gift of the Sacred Dog,” which was based on the book by Paul Goble. It was filmed at Montana’s Crow Reservation on June 17, 1983. He has released many albums with Canyon Records and has toured throughout the Americas, Europe, and East Asia. He performed the traditional carved wooden flute on several tracks of The Rippingtons’s 1999 album Topaz. His resume also includes a performance with Xavier Quijas Yxayotl, a master of Mayan and Aztec music, for the 2000 album Crossroads. Cody is also an excellent singer and pow-wow drummer. Both he and Roach have been on the pow wow “trail” since the late 1950s.

“Mr. Roach and Mr. Cody are essential for the success of this production.” said Johnson. “With their knowledge and expertise the story to be portrayed will undoubtedly be most authentic and appropriate, sharing on the screen such a rich and beautiful way of life.”

To learn more about the Dance Hard film project, click here.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/03/17/feature-film-about-life-pow-wow-fancy-dancer-begins-filming-summer-148216

Judge: Urban Outfitters Case Can Continue

Source: Indian Country Today Media Network

A couple of the products Urban Outfitters sold using the Navajo name.
A couple of the products Urban Outfitters sold using the Navajo name.

A federal judge has ruled that the Navajo Nation’s lawsuit against Urban Outfitters can proceed.

Senior U.S. District Judge LeRoy Hansen filed an order on March 26 stating that the court is still considering allegations by the Navajo Nation against the retailer. However, as a report from the Farmington Daily-Times has noted, the court has dismissed some elements of the lawsuit.

The lawsuit stems from Urban Outfitters’ use of the terms Navajo and Navaho in referring to products not made by the Navajo Nation. Court documents said that “The Navajo Nation alleges in its Amended Complaint that it and its members have been known by the name ‘Navajo’ since at least 1849, have continuously used the NAVAJO trademark in commerce, and have made the NAVAJO name and trademarks famous with numerous products.”

The claims dismissed by the court were those that condemned the merchandise itself as “derogatory, scandalous, and contrary to the Navajo Nation’s principles” and labeled the alternate spelling “Navaho” as “scandalous.” The products that precipitated the lawsuit, which were re-labeled or pulled from stores altogether, included the “Navajo Hipster Panty” and the “Navajo Print Fabric Wrapped Flask.”

The Daily-Times adds that the Navajo Nation has until the end of the week to file a revised amended complaint.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/04/03/judge-urban-outfitters-case-can-continue-148520

Washington’s Prison Pow Wows Are Good for Inmates and Their Families

By Jack McNeel, Indian Country Today Media Network

There are no tipis, no horse parades, no trailers selling frybread. There’s not even any grass or dirt, but there’s no question that this is a pow wow—an important, meaningful pow wow. The smiles on the faces of the inmates, the laughter, the hugs and kisses, the families mixing freely with the prisoners—all this makes you momentarily forget that you are in a Washington state prison, in a large concrete room, surrounded by iron bars and razor wire.

What made the 2012 pow wow even better than the previous year’s is the kids, who were for the first time allowed to attend. The printed program provided at Airway Heights Corrections Center says: “This ceremony is dedicated to the shorties. We love you.”

In 2010 the state of Washington removed various traditional practices and religious rights from Native inmates because of budget constraints. One of those was access to pow wows. Some of those rights were reinstated in 2011, thanks to the work of tribal leaders and tribal lawyers. Common sense also prevailed, with people recognizing that the rehabilitation of inmates would be enhanced if these religious and cultural practices were permitted.

The Pacific Islanders bring the noise at Coyote Ridge Corrections Center. (Jack McNeel)
The Pacific Islanders bring the noise at Coyote Ridge Corrections Center. (Jack McNeel)

A new organization was formed to help Native prisoners receive better opportunities for cultural and religious activities aimed at rehabilitation. It’s called Huy, from a Coast Salish word meaning “See you again / We never say good-bye.” Gabriel S. Galanda, chairman of the board for that group, says, “Our imprisoned relatives are virtually forgotten, even by tribal communities. Huy intends to keep them in our hearts and minds, and to improve their tribal ways of life behind bars.

Minty LongEarth, an enrolled Santee Indian Nation of South Carolina tribal member, is the Native American Religious Services program director with the United Indians of All Tribes Foundation in Seattle. She basically oversees all the prison pow wows throughout the state. “There are 12 Washington prisons and at those 12 there are 20 Native circles,” she said.

An inmate from Montana who is a member of the Gros Ventre Tribe is at Airway Heights Corrections Center. He is grateful that someone had brought the pow wow back to his prison. “It’s a beautiful thing—all of us gathered together,” he says. “It’s a gathering of all our family, loved ones.… We’re one family, one circle. We dance and we sing and we pray and everything comes together.”

His nephew grabs a bite of food as his mother adjusts his regalia. He then joins his uncle in the dance area, moving to the beat of the drum, very much at ease despite the prison’s concrete walls. “It’s sharing,” he says. “Sharing gifts, stories, meeting new people, new tribes, different nations, different people. I take this walk seriously, this red road seriously. I’m a true believer in everything—the sweat lodge, pow wow, anything sacred.

“I had to come to prison, but prison isn’t always a bad thing. There’s good that comes with it—like this. It helps me get through the year. It’s the happiest I’ve been for a while. I can’t thank the Creator enough for this time and opportunity to be with my family and share this moment. I carry this deep within my soul, my heart, my spirit.”

Another inmate, from Fort Peck, Montana, also treasures the pow wows. “You can’t really put into words how much this means to us,” he says. “It’s the one day of the year that we’re able to show our families we’re better than what they saw us out there doing. Today was the first time that I’ve seen so many grown men in here shed a tear—[that happened] when they saw the little shorties out there dancing.” He says he still has a long time left on his sentence, 25 years, but, “this will help me get through the whole next year. Right after today we’ll start planning and looking forward to the next one.”

Joseph Luce, the chaplain at Airway Heights, also praises the monthly opportunities for Native inmates to engage in cultural activities: “Once a week they get to go out to the sweat lodge area. Twice a month they’ll sweat. The weeks they’re not sweating, they’ll go out and do a pipe ceremony outside. Once a week they’ll be drumming. They get together on average a couple times a week. We also offer special classes to work on drum skills and work on beading skills.”

The pow wow at the Coyote Ridge prison has a slightly different feel from the one at Airway Heights. Security seems a little tighter, but the smiles are equally broad and the drums equally busy.

“These kids coming to prison now are getting younger and younger,” says one inmate who has spent many years in prison. “How are we going to change that cycle? Inside prison, through this program, we’re able to bring up the younger kids, the 18-, 19- and 20-year-old kids and change their lives around by giving them a tool, by giving them a skill. Having them interact with United Indians of All Tribes. Just maybe through that collaboration they’ll be able to get some kind of help when they do get out.

“This is the biggest event of the year for the prison,” he says. “Without this event, life would really suck. This is a really happy event. You see all the men with smiles on their face. There’s a lot of unity here. Unfortunately, in the cells, that unity isn’t there. Here we come together as a family, as a fellowship. We can look at each other and think, That‘s my brother, my friend. This is almost like being free.”

 

Read more at http://indiancountrytodaymedianetwork.com/2013/04/03/washingtons-prison-pow-wows-are-good-inmates-and-their-families-148509

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Seattle, Sacramento will make their cases for the Kings

Groups from Seattle and Sacramento will be in New York City on Wednesday to discuss their plans for the Kings. Each group will present its plan to a combined NBA relocation and finance committee.

By Rob Condotta, The Seattle Times

Investor Chris Hansen leads the Seattle contingent.
Investor Chris Hansen leads the Seattle contingent.

NEW YORK — In a Manhattan hotel on Wednesday, the months-long battle over the fate of the Sacramento Kings will turn into a daylong debate.

It looms as the most critical date yet in this saga. Representatives of a Seattle group hoping to buy the Kings and move them to Seattle and a Sacramento contingent attempting to keep the team there will take turns making their cases to a combined NBA relocation and finance committee.

Each side will present its plan, and likely poke holes in the other city’s efforts. The relocation/finance committee will talk afterward, then send a recommendation to the NBA’s Board of Governors. The board will cast a final vote on the matter when it meets in New York April 18-19.

“This is one of the biggest days of my life and a seminal moment for our city,” wrote Chris Hansen, who will lead the Seattle contingent, in a note on sonicsarena.com Tuesday afternoon.

Hansen also wrote that 44,000 Sonics fans put their names on a priority ticket waitlist established three weeks ago, including 32,000 in the first 24 hours. He said 268 put their names on a list for suites, and 983 businesses expressed interest in sponsorship opportunities.

Those figures will be part of Seattle’s presentation by a group that will include Microsoft CEO Steve Ballmer, mayor Mike McGinn and King County executive Dow Constantine.

“This is indeed a fairly important presentation,” McGinn said Tuesday in New York.

Sacramento’s presentation will be led by Mayor Kevin Johnson as well as several members of the ownership group he has assembled in an attempt to keep the team. The Kings’ franchise will be represented by members of the current controlling owners, the Maloof family.

The Maloofs reached a deal to sell the team to the Hansen/Ballmer group in January. Sales of NBA teams, however, must be approved by the NBA Board of Governors. And since news of the sale, Johnson has led a feverish attempt to assemble an ownership group and arena plan, hoping to convince the NBA to disallow the sale of the Kings and force them to stay in Sacramento.

The two committees that will hear the presentations were merged for the purposes of this topic because it involves both a sale and a request for relocation (sales require 75 percent owner approval, relocation 50 percent).

Among the members of the committee are Clay Bennett, who bought the Sonics in 2006 and moved them to Oklahoma City in 2008. Bennett, in fact, is head of the relocation committee. But the fact the committees have been merged, sources said, lessens Bennett’s role.

Michael McCann, a legal analyst for NBA-TV, said the NBA is not like the NFL, where powerful individual owners can often step in and sway a decision. Instead, “the NBA really is run through David Stern.” McCann said if history is any guide, Stern will try to build a consensus.

Hansen’s presentation is expected to include a comparison of the arena deals of the cities, emphasizing that Seattle’s is further along. Hansen and city and county officials pieced together a $490 million arena deal last fall, including a $290 million contribution from Hansen.

Hansen also is expected to sell the fact that Seattle is a larger TV market (12th to Sacramento’s 20th) and emphasize the prospect for a lucrative regional cable television package. The NBA’s national TV deals expire following the 2015-16 season.

“I think that would be a big deal,” McCann said of the TV market advantage for Seattle. “The NBA wants to see teams able to enter into as lucrative as possible television contracts because that also puts other teams in a situation where they should be able to get more in their local TV deals.”

Another Seattle selling point is its larger corporate base, including eight Fortune 500 companies. There are none in Sacramento.

Constantine said he thinks the proposal Seattle will present is “very difficult to argue with … there are a lot of things going in our favor.”

A hearing in the lawsuit arguing that the arena deal violates Seattle Initiative 91 is set for April 12. That suit asks the court to invalidate the agreement with Hansen to build a new arena with up to $200 million in public funds because the deal doesn’t ensure an adequate financial return to the city, as required by the initiative.

Another legal challenge was rejected in February, but lawyers for the longshore workers union have filed an appeal and continue to argue that an environmental review of the Sodo site should have been completed before the arena agreements were signed.

The Longshore workers have argued that the Sodo location will add to congestion and threaten operations at nearby Port of Seattle shipping terminals. Seattle attorney Peter Goldman, who represents the longshore workers, said the two legal challenges must be considered by the NBA in weighing the strength of Seattle’s arena deal.

“The issues raised by these lawsuits contrast markedly with what’s being said in New York right now about the Sodo arena deal being in the bag,” Goldman said.

McGinn and Constantine said they don’t see the lawsuit or the appeal by the longshore workers as insurmountable problems.

Sacramento’s pitch might focus on loyalty and emotion. Johnson has said repeatedly that the city has done everything it has been asked to do by the NBA and that it would be “unprecedented” for the NBA not to reward the city for its efforts.

Also on Sacramento’s side could be the fact that its arena proposal features more public financing — an estimated $258 million of its $447 million total. The NBA likes the precedent of owners getting as much help as possible for arenas, McCann said.

Sacramento also is expected to unveil a new bid for the team. An offer made in March was deemed by Stern not to be worthy of consideration.

McCann said the process could help Seattle. While the owners might be comparing the cities, they will technically vote on just the issues of approving the sale of the team to the Hansen group and its relocation to Seattle.

“The board is voting on one offer, which has been accepted by the Maloofs, and it’s the Hansen offer,” McCann said. “I think that can be an underrated point in this. They have to reject the Hansen offer to get to the point where the Maloofs will consider an alternative offer. And then it is on what grounds do they reject the Hansen and Ballmer offer?”

The NBA rarely disapproves sales. One notable exception came in 1994 when the NBA denied a sale of the Minnesota Timberwolves to a group that was proposing to move the team to New Orleans. Then, however, there were concerns about the financial backing of the ownership group (which proved well-founded when the group declared bankruptcy a year later).

The fact each side appears willing to pay the most ever for an NBA team — that has a 27-47 record — has likely caught the league off-guard, McCann said.

“I think if they were honest, they would say they are a bit surprised there is so much money going toward the Kings,” he said.

McCann said he thinks there could be discussion of expansion coming from these meetings, though Stern has insisted that’s not an option.

Environmentalists signal they’ll sue BNSF over coal dust

The Sierra Club and four other environmental groups Tuesday said they intend to file a federal lawsuit to force BNSF Railway and six coal companies to better contain the coal being shipped in open-topped trains.

By Hal Bernton

The Sierra Club and four other environmental groups Tuesday said they intend to file a federal lawsuit to force BNSF Railway and six coal companies to better contain the coal being shipped in open-topped train cars.

In a legal notice sent to the companies, the environmental groups contend that the trains are spewing coal dust and chunks of debris into the Columbia River, the Lake Washington Ship Canal and other Northwest waterways in violation of the federal Clean Water Act.

The legal challenge comes as environmental groups are campaigning against proposals to build new coal-export terminals in Washington and Oregon that would greatly increase the amount of coal trains moving through the Northwest.

“This action today seeks to stop illegal pollution and keep our river free of dirty coal,” said Brett VandenHeuvel, executive director of the Columbia Riverkeeper. “The threat of coal export makes this lawsuit even timelier.”

Puget Soundkeeper Alliance, Friends of the Columbia Gorge and RE Sources for Sustainable Communities also signed on to the intent-to-sue letter.

In a statement released Tuesday, BNSF said that the railroad has ”safely hauled coal in Washington for decades. Yet despite the movement of so much coal over such a long period of time, we were not aware of a single coal dust complaint lodged with a state agency in the Northwest or with the railroad until the recent interest in coal export terminals.”

“This is nothing more than the threat of a nuisance lawsuit without merit, that is part of an ongoing campaign to designed to create headlines to influence the review process for proposed export terminals,” the statement said.

In Washington state, major new export terminals are proposed for Longview and Cherry Point near Bellingham to send Montana and Wyoming coal to Asian markets. Some coal already is being shipped through Washington for export from British Columbia, and some is shipped to coal-fired plant near Centralia.

That legal notice was accompanied by a listing of more than 20 sites in Washington where coal has spilled since the beginning of 2011.

The document also includes photographs that depict coal dust blowing off a train as it passes along the Columbia River near Horsethief Lake. They also show what appear to be nuggets or chunks of coal at other locations, including near the Hiram M. Chittenden Locks in Seattle.

In a teleconference with reporters, several Washington residents spoke about their experiences with coal from the trains. Don McDermott, of Dallesport, Klickitat County, says that coal dust has blown off the trains and settled on his grapevines that grow beside the railroad track in a fish pond.

“My primary concern is that there is trespass on my property,” McDermott said. “The railroads need to contain their loads. The shippers need to contain their loads.”

The legal notice by environmental groups cited industry studies that indicated from 250 to 700 pounds of coal were lost from each rail car during transport.

Courtney Wallace, the BNSF spokeswoman, said that past studies were rough estimates, and indicated the coal losses fluctuated, primarily while the trains were within the Powder River Basin in southeast Montana and northeast Wyoming.

She said the studies were done before 2011, when new regulations to reduce coal dust were put in place.

Wallace says the new coal-loading rules require shippers to take added measures to address coal loss, including putting chemicals known as “topper agents” on the coal that reduce most of the coal-dust loss.

The chemicals also have stirred some concern.

In a Jan. 22 letter to agencies that will prepare the environmental-impact statement for the proposed Cherry Point terminal, the Washington Department of Natural Resources notes that one of these chemicals used in cleaning up the 2010 Gulf Oil spill has “been implicated in subsequent fish and shellfish deformities.”

I-5 lane to be closed Wednesday north of Stanwood

By Bill Sheets, The Hreald

One lane of northbound I-5 north of Stanwood is scheduled to be closed most of the day Wednesday.

Crews plan to inspect roadway panels that could be damaged and need repair or replacement this summer.

The right lane between mileposts 214 and 216 is scheduled to close 7:30 a.m. and reopen at 3 p.m. This is about two miles north of the Highway 532 interchange, near the Washington State Patrol weigh station.

Wal-Mart criticized on its staffing

More complaints have been lodged that the big-box retailer’s shelves at many stores aren’t adequately stocked and lines are long at registers.

By Renee Dudley, Bloomberg News

More than 1,000 emailed complaints signal that Wal-Mart stores’s restocking challenges are more widespread than the world’s largest retailer has said.

Wal-Mart customers from Hawaii to Florida and from Texas to Vermont wrote to express their frustration after Bloomberg News reported March 26 that there aren’t enough workers in the stores to keep shelves stocked, cash registers manned and shoppers’ questions answered. In response to the original article, Wal-Mart spokeswoman Brooke Buchanan said in part, “The premise of this story, which is based on the comments of a handful of people, is inaccurate and not representative of what is happening in our stores across the country.”

The emails began arriving shortly after the article was published and were still coming a week later. Most were from previously loyal Wal-Mart customers befuddled by what had happened to service at a company they’d once admired for its low prices and wide assortment. Many said they were paying more and driving farther to avoid the local Wal-Mart. Some had developed shopping strategies, including waiting until the last minute to grab ice cream, lest it melt in the lengthy checkout lines.

Wal-Mart founder “Sam Walton must be rolling over in his grave to see what has become of his business,” said Tony Martin, 54, a forklift driver who once frequented a store in Glen Carbon, Ill.

Wal-Mart’s restocking challenges stem from a thinly spread labor force struggling to keep up with all the work that needs to be done, said Colin McGranahan, an analyst at Sanford C. Bernstein & Co. in New York. The Bentonville, Ark.-based retailer’s work force at its namesake and Sam’s Club warehouse chains in the U.S. fell by about 120,000 employees between 2008 and Jan. 31, according to a securities filing on March 26. The company now has about 1.3 million U.S. workers. In the same period, it has added about 455 U.S. Wal-Mart stores, bringing its total to 4,005.

McGranahan said he has talked to workers who say they’re being asked to do more than they can accomplish in a shift.

“Stuff gets backed up, and they’re forced to respond as best they can,” said McGranahan, who rates Wal-Mart market perform, the equivalent of a hold. “The result is an increasing amount of customer-encountered out-of-stocks.”

Those items are missing at a crucial time for Wal-Mart, when the U.S. economy already is restraining its shoppers’ spending. Same-store sales for Wal-Mart’s U.S. locations in the 13 weeks ending April 26 will be little changed, Bill Simon, chief executive officer of Wal-Mart U.S., said on a Feb. 21 earnings call.

Wal-Mart said the customers complaining to Bloomberg aren’t a sufficient sample size and don’t represent shoppers’ impressions of its stores nationwide. The company surveys more than 500,000 customers a month, asking them about checkout lines, store cleanliness and the helpfulness of workers, Buchanan said Monday in emailed statement.

“These customers continue to tell us they have had a positive shopping experience and those numbers have trended upward over the past two years,” she said. “Our in-stock shelf availability is at historically high levels and averages between 90 and 95 percent. We will continue to work hard for our customers and meet their expectations by offering them everyday low prices on the broadest assortment of merchandise.”

Wal-Mart U.S. had sales of about $274.5 billion in the year ended Jan. 31, more than the total sales of Target and Costco Wholesale combined in their comparable periods. Wal-Mart says two-thirds of Americans shop at Wal-Mart each month. The company also had 6.6 billion visits to its U.S. stores in the last year, up 23 million from a year earlier, Buchanan said.

Still, investors have lost some enthusiasm for Wal-Mart. It closed at a 0.2 percent discount to Target on a price-to- earnings basis Monday, compared with an average 7.3 percent premium during the past year. Wal-Mart on March 20 traded at a 3.2 percent discount to its smaller rival, the lowest in more than a year.

Martin, the forklift driver, said Wal-Mart’s low prices don’t matter because it’s no longer a one-stop shopping destination.

“As much as I need to take advantage of the low prices that Wal-Mart has to offer, the money I would save” is spent on gas to drive to other stores to buy the items that were missing at Wal-Mart, he said. “So it is easier to just shop elsewhere.”

Bob Shank Jr., 68, of Tucson, Ariz., said there are two Wal-Mart stores in his area. At the older one, there are “different items left on shelves where they don’t belong, items on the floor not replaced, empty shelves.” The new store has “bare shelves” and “few employees visible, especially at the check-out counters.”

Shank tried several times to buy his favorite rum and eventually asked whether the brand had been discontinued. He got the same response at both stores: ” ‘No’, they said, ‘we just haven’t had time to re-stock.’ ”

Mike Grimes, 61, said he and his wife expect to wait at the Wal-Mart supercenter in Sikeston, Mo.

“We wait until we’re about to put items on the conveyer belt, then one of us will run back and get the ice cream,” said Grimes, who operates a furniture and appliance store. “Otherwise it will melt. We know we’ll be standing in line 20 minutes or more.”

Barry Hastings, 65, said he rarely completes his shopping list at the Wal-Mart in Fredericksburg, Va.

“They run out of Simply Lemonade. No stock on Dr Pepper seven-ounce cans. No ground pork, no onions, no green beans, and the list goes on and on,” said Hastings, who photographs the empty shelves and shows them to store managers as proof of the problem.

Rosemary Alvino-Ditmore, 63, of Sierra Vista, Ariz., a self-employed writer who shops at Wal-Mart at least twice a month, keeps a running list of items she’s been unable to find over the past year: oatmeal, nutrition bars, Suave shampoo, clothing patches, distilled water, drapes, sweatpants, knee-highs and more.

“Why have this huge Wal-Mart if you always have pegs empty or empty shelves?” she said.