Power Plants on Indian Reservations Get No Break on Emissions Rules

Four of the dirtiest plants, which sit on Native American soil, were expecting more lenient goals under the Clean Power Plan, but the EPA shifted gears.

By Naveena Sadasivam, Insideclimate News

The Navajo Generating Station is one of the country's dirtiest power plants. Credit: Wikipedia.
The Navajo Generating Station is one of the country’s dirtiest power plants. Credit: Wikipedia.

Four Western power plants that emit more carbon dioxide than the 20 fossil-fuel-fired plants in Massachusetts thought they would be getting a break under the Obama administration’s new carbon regulations––until the final rule ended up treating them just like all the other plants in the country.

The plants are located on Native American reservations, and under an earlier proposal, they were required to reduce emissions by less than 5 percent. But the final version of the rule, released earlier this month, has set a reduction target of about 20 percent.

A majority of the reductions are to come from two mammoth coal plants on the Navajo reservation in Arizona and New Mexico—the Navajo Generating Station and the Four Corners Power Plant. They provide power to half a million homes and have been pinpointed by the Environmental Protection Agency as a major source of pollution––and a cause for reduced visibility in the Grand Canyon.

These two plants alone emit more than 28 million tons of carbon dioxide each year, triple the emissions from facilities in Washington state, fueling a vicious cycle of drought and worsening climate change. The two other power plants are on the Fort Mojave Reservation in Arizona and the Uintah and Ouray Indian Reservation in Utah.

Environmental groups have charged  that the Navajo plants are responsible for premature deaths, hundreds of asthma attacks and hundreds of millions of dollars of annual health costs. The plants, which are owned by public utilities and the federal government, export a majority of the power out of the reservation to serve homes and businesses as far away as Las Vegas and help deliver Arizona’s share of the Colorado River water to Tucson and Phoenix. Meanwhile, a third of Navajo Nation residents remain without electricity in their homes.

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Tribal leaders contend that power plants on Indian land deserve special consideration.

“The Navajo Nation is a uniquely disadvantaged people and their unique situation justified some accommodation,” Ben Shelly, president of the Navajo Nation, wrote in a letter to the EPA. He contends that the region’s underdeveloped economy, high unemployment rates and reliance on coal are the result of policies enacted by the federal government over several decades. If the coal plants decrease power production to meet emissions targets, Navajos will lose jobs and its  government will receive less revenue, he said.

Many local groups, however, disagree.

“I don’t think we need special treatment,” said Colleen Cooley of the grassroots nonprofit Diné CARE. “We should be held to the same standards as the rest of the country.” (Diné means “the people” in Navajo, and CARE is an abbreviation for Citizens Against Ruining our Environment.)

Cooley’s Diné CARE and other grassroots groups say the Navajo leaders are not serving the best interest of the community. The Navajo lands have been mined for coal and uranium for decades, Cooley said, resulting in contamination of water sources and air pollution. She said it’s time to shift to new, less damaging power sources such as wind and solar.

The Obama administration’s carbon regulations for power plants aim to reduce emissions nationwide 32 percent by 2030 from 2005 levels. In its final version of the rule, the EPA set uniform standards for all fossil-fueled power plants in the country. A coal plant on tribal land is now expected to achieve the same emissions reductions as a coal plant in Kentucky or New York, a move that the EPA sees as more equitable. The result is that coal plants on tribal lands—and in coal heavy states such as Kentucky and West Virginia—are facing much more stringent targets than they expected.

The EPA has taken special efforts to ensure that the power plant rules don’t disproportionately affect minorities, including indigenous people. Because dirty power plants often exist in low-income communities, the EPA has laid out tools to assess how changes to the operation of the plants will affect emission levels in neighborhoods nearby. The EPA will also be assessing compliance plans to ensure the regulations do not increase air pollution in those communities.

The tribes do not have an ownership stake in any of the facilities, but they are allowed to coordinate a plan to reduce emissions while minimizing the impact on their economies. Tribes that want to submit a compliance plan must first apply for treatment as a state. If the EPA doesn’t approve, or the tribes decide not to submit a plan, the EPA will impose one.

Grant money to advance Native American cancer study

An educational partnership aims not only to fight the disease among the Native American population, but to engage more students of native descent

By Charly Edsity, 12 News & The Arizona Republic

There isn’t a word for cancer in most indigenous languages, yet it affects Native Americans at an abnormally high rate.

The Partnership for Native American Cancer Prevention (NACP), a joint effort between Northern Arizona University and the University of Arizona Cancer Center, is the recipient of a $13 million grant from the National Cancer Institute, that will be split between the both universities.

“People die of cancer in Native American populations higher than other groups,” said Jani Ingram, associate professor of chemistry and biochemistry at NAU and member of the Navajo Nation.

According to the Intercultural Cancer Council, cancer is the third-leading cause of death among Native Americans, but there is no conclusive evidence to determine why.

Since 2002, NACP has worked to understand the reason cancer affects Native Americans, specifically tribes in the Southwest, at higher rates and seeks to engage Native American college students in entering science fields to help further research.

NAU’s program has 10 student researchers working under Ingram, some whom have been personally impacted by the deadly disease.

“It started with my grandfather, who worked in uranium mines and he died from lung cancer,” said NAU senior Erik Peaches, who is of Navajo descent.

Erik Peaches, NAU senior, works in lab as part of the Native American Cancer Prevention project at NAU.(Photo: 12 News)
Erik Peaches, NAU senior, works in lab as part of the Native American Cancer Prevention project at NAU.(Photo: 12 News)

In recent years, cancer spikes among older Navajos have been attributed to uranium exposure, a mining industry that boomed on the Navajo Reservation during the 1950s. The radioactive element still threatens communities surrounding abandoned mines and even contaminates drinking water.

NAU senior Ethan Paddock’s grandmother battled breast cancer that he says was caused by uranium exposure on the Navajo Nation.

“My family is from Cameron (Ariz.) and I know there is a huge uranium deposit over there,” Paddock said. “And it’s actually affected my grandmother and (she) got breast cancer.”

After a round of chemotherapy, Paddock’s grandmother has been declared cancer-free, but most with the disease don’t have the same outcome.

The grant money will continue the research being conducted in the Hopi, Navajo and Tohono O’odham communities, work that Ingram said more Native American students should consider.

“If it is a native student, a Navajo student, a Hopi student working on an issue that’s really important to their community, the passion is just right there,” Ingram said.

U.S. to pay Navajo Nation $554 million in largest settlement with single Indian tribe

 

By Sari Horwitz September 24, Washington Post

In the largest settlement with a single American Indian tribe, the Obama administration will pay the Navajo Nation $554 million to settle claims that the U.S. government has mismanaged funds and natural resources on the Navajo reservation for decades.

The settlement, to be signed in Window Rock, Ariz., on Friday, resolves a long-standing dispute between the Navajo Nation and the U.S. government, with some of the claims dating back more than 50 years.

The sprawling Navajo reservation, located in parts of Arizona, Utah and New Mexico, is the largest and most populous Indian reservation, with 14 million acres of trust lands, which are leased for farming, grazing and oil, gas and other mineral extraction. The land is also leased for businesses, rights-of-way, easements and housing.

“This landmark resolution ends protracted and burdensome litigation,” Attorney General Eric H. Holder Jr. said in a statement provided to The Washington Post on Wednesday. “This demonstrates the Justice Department’s firm commitment to strengthening our partnerships with tribal nations.”

Under the agreement, the Navajo Nation will dismiss its current lawsuit and forego further litigation against the U.S. government for its historic management and accounting of Navajo funds and resources held in trust by the government.

“The Navajo Nation has worked tirelessly for many years to bring this issue to a close,” said Ben Shelly, president of the Navajo Nation. “After a long, hard-won process, I am pleased that we have finally come to a resolution on this matter to receive fair and just compensation for the Navajo Nation.” Shelly said the tribe will host town hall meetings across the Navajo Nation to decide on how the funds can be used or invested.

Members of the Navajo Nation Council, the legislative branch of the Navajo Nation, said that the agreement doesn’t affect the tribe’s existing or potential claims regarding water and uranium pollution.

“It is very important for the Navajo people to understand that this agreement only addresses historical trust claims and does not prohibit or hinder our Nation from pursuing claims with respect to future conduct,” said Lorenzo Curley, the chairman of the council, who was involved in the negotiations with the Obama administration.

While the settlement marks the largest ever with one tribe, the Obama administration has made several other multimillion-dollar agreements with tribes since 2009 to settle long-standing grievances by Native Americans.

Along with the Navajo Nation, the administration has negotiated settlements resulting in a total of $2.61 billion paid to 80 tribes since 2010 for tribal trust accounting and trust management claims. The Interior Department manages almost 56 million acres of trust lands for federally recognized tribes and more than 100,000 leases on those lands. The department also manages about 2,500 tribal trust accounts for more than 250 tribes.

In the fall of 2009, attorneys for many of the tribes with litigation pending against the U.S. government wrote to President Obama and asked his administration to expedite settlement discussions. In April 2010, Obama administration officials, including then-Associate Attorney General Tom Perrelli, met with the attorneys and started a settlement process.

“From his first days in office, President Obama has worked to honor the government-to-government relationships between the United States and tribal governments,” said Sam Hirsch, acting assistant attorney general for the Justice Department’s Environment and Natural Resources Division, a key member of the department’s Indian country team. “It reflects my personal commitment to resolving long-standing lawsuits rather than wasting the time and resources of both the United States and Indian tribes in contentious litigation.”

In 2011, the administration agreed to pay $380 million to settle a long-running lawsuit by the Osage Tribe of Oklahoma regarding the government’s accounting and management of the tribe’s trust accounts, trust lands and other natural resources.

The next year, Holder and then-Interior Secretary Ken Salazar announced a $1 billion settlement of lawsuits filed by 41 federally recognized tribes across the country with claims dating back 100 years.

In addition, the Obama administration in 2009 settled the highly contentious Cobell class-action lawsuit regarding the government’s trust management and accounting of over 3,000 individual American Indian trust accounts. The lawsuit, which involved several hundred thousand plaintiffs, was filed by Elouise Cobell in 1996 in the U.S. District Court for the District of Columbia and included hundreds of motions, dozens of rulings and appeals, and several trials over 13 years.

“The landmark Cobell settlement and resolution of 80 other tribal trust management lawsuits under President Obama has opened a new chapter in federal trust relations with tribes and individual Indian beneficiaries,” Interior Secretary Sally Jewell said.

Colleges aim to attract more Native American students

Colleges are introducing new programs targeting prospective Native American students, hoping to show that higher education and their cultural identities can complement each other.

Few Native Americans go to college and most of those who do never graduate. To improve those statistics, more colleges are offering camps where teens from different tribes are exposed to college life. In this image, Native American, Brandon Duran plays during a drum circle before workshop sessions at University of California, Riverside on Thursday, June 26. Photo/ Chris Carlson, AP
Few Native Americans go to college and most of those who do never graduate. To improve those statistics, more colleges are offering camps where teens from different tribes are exposed to college life. In this image, Native American, Brandon Duran plays during a drum circle before workshop sessions at University of California, Riverside on Thursday, June 26.
Photo/ Chris Carlson, AP

By Krysta Fauria, Associated Press

Elijah Watson knows he wants to go to college. He also knows that it will be difficult to leave home on the Navajo reservation if he does.

The 17-year-old was reminded of the tough decision he’ll face next year when he participated in a weeklong celebration in March of his cousin’s Kinaalda, a hallowed Navajo ceremony marking a girl’s transition into womanhood.

“I’m afraid because it’s really hard to leave my family,” he said, noting that college would mean he’d be away from taking part in the same rite for his little sister and participating in other important tribal ceremonies.

To reach students like Watson with higher education aspirations, a growing number of universities are offering programs to recruit and prepare Native American students for a transition to college life that can bring on a wrenching emotional conflict as they straddle two worlds.

Many young Native Americans find themselves divided by their desire for a higher education and the drive to stay close to home to hold onto a critical part of their identity. Sometimes, families discourage children from pursuing college, fearing once they leave the reservation they won’t come back.

That was the case with Watson’s mother — his grandmother encouraged her to stay home and carry on the family tradition of pottery-making.

“These students could be in a classroom with hundreds of kids and no one will be like them so it’s really good for these programs to pull all of these kids together,” said Ahniwake Rose, the director of the National Indian Education Association.

“Moving to college for these kids is taking them so far away from their homes. On top of that, we still have so many first generation students and their parents can’t give them any idea of what college is like,” Ms. Rose said.

Dozens have implemented mini-college boot camps, including the University of California, Los Angeles, Yale, and Duke. Last week, Watson found himself at the University of California, Riverside, where he was joined by other students, including some as young as 12.

The programs challenge the idea that tribal customs and higher education don’t mix, said Joshua Gonzalez, the director of Native American Student Programs at the university 60 miles east of Los Angeles and hundreds of miles from Watson’s home on the Navajo Nation.

Throughout their week at Riverside, students got a taste of the college experience by attending classroom lectures, eating in the cafeteria and sleeping in the dorms. The 30 students also participated in cultural activities like prayer circles and beading workshops.

“We encourage having your culture and traditions as well as academics,” said Mr. Gonzalez, whose program has a roughly 90 percent success rate in getting Native Americans to go to college.

“To be able to know your language, to be able to sing the songs, to know the creation stories — those are things that are really important,” he said.

Upon completion of Riverside’s program, students are given access to the university’s resources and staff to assist with the application process.

Pamela Agoyo, the director of American Indian Student Services at the University of New Mexico, said many programs are introducing kids to the idea of college as early as middle school to give them the time to embrace the possibility and plan for it.

“Institutions are realizing that you don’t start planning for college your freshman year of college,” Ms. Agoyo said, noting that students need to plan and prepare for their experience beforehand.

Rose said the boot camps are critical to college success because they help identify peers and mentors who can guide students through rough patches.

Few go on to college and when they do, most drop out.

Only 12 percent of Native Americans between 25 and 34 have four-year degrees, compared to 37 percent of whites, according to a 2012 report by the National Center for Education Statistics. Of the students who do go to college, less than 40 percent graduate, compared to 60 percent of whites.

Jordan Thomas, a member of the Lummi Tribe, attended Riverside’s program and will be a freshman there this fall. She was born on a reservation in Washington state and at age 2 moved with her family to Southern California because there were more educational opportunities.

Lummi cultural traditions are important to her family — she once missed eight weeks of middle school to attend her grandfather’s burial ceremony — and the Riverside program gave her confidence that she can attend school and not lose her Native American identity.

“I learned that it’s all about balance,” she said. “This program has truly helped me.”

Amid Toxic Waste, a Navajo Village Could Lose Its Land

A contaminated pile near the community of Red Water Pond Road holds a million cubic yards of waste from the Old Northeast Church Rock Mine. Mark Holm for The New York Times
A contaminated pile near the community of Red Water Pond Road holds a million cubic yards of waste from the Old Northeast Church Rock Mine. Mark Holm for The New York Times

 

CHURCH ROCK, N.M. — In this dusty corner of the Navajo reservation, where seven generations of families have been raised among the arroyos and mesas, Bertha Nez is facing the prospect of having to leave her land forever.

The uranium pollution is so bad that it is unsafe for people to live here long term, environmental officials say. Although the uranium mines that once pocked the hillsides were shut down decades ago, mounds of toxic waste are still piled atop the dirt, raising concerns about radioactive dust and runoff.

And as cleanup efforts continue, Ms. Nez and dozens of other residents of the Red Water Pond Road community, who have already had to leave their homes at least twice since 2007 because of the contamination, are now facing a more permanent relocation. Although their village represents only a small sliver of the larger Navajo nation, home to nearly 300,000 people, they are bearing the brunt of the environmental problems.

“It feels like we are being pushed around,” said Ms. Nez, 67, a retired health care worker, who recalled the weeks and months spent in motel rooms in nearby Gallup as crews hauled away radioactive soil from the community’s backyards and roadsides.

“This is where we’re used to being, traditionally, culturally” she said. “Nobody told us it was unsafe. Nobody warned us we would be living all this time with this risk.”

These days, this sprawling reservation, about the size of West Virginia, is considered one of the largest uranium-contaminated areas in United States history, according to officials at the Environmental Protection Agency. The agency has been in the throes of an expansive effort to remove waste from around this tiny and remote Navajo village, and clean up more than 500 abandoned mine areas that dot the reservation.

Federal officials say they have been amazed at the extent of the uranium contamination on the reservation, a vestige of a burst of mining activity here during the Cold War. In every pocket of Navajo country, tribal members have reported finding mines that the agency did not know existed. In some cases, the mines were discovered only after people fell down old shafts.

“It is shocking — it’s all over the reservation,” said Jared Blumenfeld, the E.P.A.’s regional administrator for the Pacific Southwest. “I think everyone, even the Navajos themselves, have been shocked about the number of mines that were both active and abandoned.”

Between 2008 and 2012, federal agencies spent $100 million on the cleanup, according to the E.P.A.; an additional $17 million has been spent by energy companies determined to be responsible for some of the waste.

But the scope of the problem is worse than anyone had thought. The E.P.A. has said that it could take at least eight years to dispose of a huge pile of uranium mine waste that has sat near Red Water Pond Road since the 1980s — waste that must be removed before the area can finally be free of contamination.

“The community is frustrated, I know I’m frustrated — we’d like it to go quickly,” Mr. Blumenfeld said.

But before the latest round of cleanup can begin, an application to remove the waste pile must be submitted to the Nuclear Regulatory Commission, which will then conduct environmental and safety reviews. That process will probably take two years, and there is the possibility that public hearings on the plan could extend the process several more years, said Drew Persinko, a deputy director for the commission.

That time frame seems unreasonably long for tribal members, who said that spending so long living away from the reservation has been difficult. So far, the E.P.A. has spent $1 million on temporary housing for residents of Red Water Pond Road; much of that cost will be reimbursed by General Electric, which acquired the old Northeast Church Rock Mine site in 1997, and also its subsidiary company, United Nuclear Corporation, which operated the mine.

As in the past, the relocations will be voluntary. Some residents wondered — as they have for years now — if the land will ever really be clean.

“Our umbilical cords are buried here, our children’s umbilical cords are buried here. It’s like a homing device,” said Tony Hood, 64, who once worked in the mines and is now a Navajo interpreter for the Indian Medical Center in Gallup. “This is our connection to Mother Earth. We were born here. We will come back here eventually.”

Residents still remember seeing livestock drinking from mine runoff, men using mine materials to build their homes and Navajo children playing in contaminated water that ran through the arroyo. Today, the site near Red Water Pond Road holds one million cubic yards of waste from the Northeast Church Rock Mine, making it the largest and most daunting area of contamination on the reservation.

The waste does not pose any immediate health risk, Mr. Blumenfeld said, but there are concerns about radioactive dust being carried by the wind, runoff from rain, and the area’s accessibility to children, who can slip in easily through a fence.

Under a plan being developed by General Electric and the E.P.A., the waste would be transported to a former uranium mill just off the reservation — already considered a Superfund site — and stored in a fortified repository. The estimated cost is nearly $45 million.

“General Electric and United Nuclear Corporation are committed to continue to work cooperatively with the U.S. government, Navajo Nation, state of New Mexico and local residents to carry out interim cleanups and reach agreement on the remedy for the mine,” said Megan Parker, a spokeswoman for General Electric.

The Navajo E.P.A., which is an arm of the tribe’s own government, for years has been calling for a widespread cleanup of abandoned mines. Stephen Etsitty, the executive director of the agency, said he was hopeful that progress was finally being made, but acknowledged that the scope and technical complexity of the operation at Red Water Pond Road was unprecedented.

“We’re pushing and doing as much as we can to keep the process going as fast as we can,” Mr. Etsitty said. “It’s just taken so long to get there.”

On a recent day, Ms. Nez and several other residents stood on a bluff near a cluster of small homes and traditional Navajo hogan dwellings as the wind whipped across a valley that once bustled with mining activity.

The group talked of their grandparents — medicine men who were alive when the mines first opened — and wondered what they would think about Red Water Pond Road today.

“They would say ‘How did this happen? They ruined our land,’ ” Ms. Nez said. “ ‘How come you haven’t prayed to have this all fixed up?’ ”

A version of this article appears in print on February 20, 2014, on page A10 of the New York edition with the headline: Nestled Amid Toxic Waste, a Navajo Village Faces Losing Its Land Forever. Order Reprints|Today’s Paper|Subscribe