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PRESS
RELEASE
April
6, 2007 “Court
Remands Archaeological Portion to Board”
“Uranium
Exploration Permit on Hold”
Rapid
City, SD (USA)- A
South Dakota state circuit court judge ordered the archaeological portion of a
uranium exploration permit back to the SD Board of Minerals and Environment, the
same Board who admits they sent the State Archaeologist to the wrong place. The
permit they issued is on hold until a valid permit is granted, although
opponents want an injunction until the appeal process is finished.
Two volunteer environmental organizations, ACTion for the Environment and
Defenders of the Black Hills filed an appeal to the state circuit court,
according to the SD Administrative Procedures Act, after attending a hearing
with the SD Board of Minerals and Environment on January 17 and 18, 2007. The
groups were appealing a decision by the Board granting a permit to Powertech
(USA) Inc., a Canadian company, to drill 155 additional deep exploratory wells
in the southwestern Black Hills for uranium. The company already has 4,000
wells in this specific area. The Black Hills are considered sacred to many
member of the Defenders organization, and also to many Native American nations
from the North American continent. The two organizations filed the
appeal citing due process of law and equal protection of the law from the South
Dakota laws and the US Constitution. Some of the issues presented to the court
in the appeal are:
-the
signing of the permit by the Board prior to the plaintiffs being given the
opportunity to present their objections,
-the
failure to consider the plaintiffs written exhibits that were given to the
Board,
-the
failure to provide interpreters in the Lakota language for two of the elderly
members of Defenders of the Black Hills, or for the Board to be able to
understand the concerns of these elders,
-and the Board‘s practice of allowing the mining company to present data on the
quality of the underground water when the mining process will contaminate the
water presenting a conflict of interest. It would be in the mining companies
best interest for the water to already be contaminated with uranium and
radioactive materials.
W.
Cindy Gillis from The Law Offices of Mario Gonzalez is the lead counsel for the
Defenders of the Black Hills and ACTion for the Environment courtesy of the
Oglala Sioux Tribe. The Tribe has already experienced pollution from past
uranium mining in the southwestern Black Hills.
The
Board is represented by SD Deputy Attorney General Roxanne Giedd, and Powetech
(USA) Inc. is represented by Max Main, attorney from Belle Fourche, SD. The
Board will conduct a hearing at 10:00 (CDST) on April 19, 2007, at the SD
Department of Environment and Natural Resources, 523 E. Capitol Ave., Pierre,
SD.
Contact:
Charmaine White Face, Coordinator, Defenders of the Black Hills, PO Box 2003,
Rapid City, SD 57709, Phone: 605- 399-1868 Email:
bhdefenders@msn.com
END
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