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Uranium exploration near Grand Canyon sparks battle with Bush administration

In the fight to protect the Grand Canyon from uranium mining and exploration, one battle is over, but another has just begun.

Last week, three environmental groups – the Center for Biological Diversity, the Sierra Club and the Grand Canyon Trust – announced they had reached a settlement with VANE Minerals, a U.K.-based minerals exploration firm that had previously received approval from the Forest Service to drill 39 exploratory holes in search of uranium deposits in the Kaibab National Forest, which borders both the north and south rims of the Grand Canyon.

Essentially, VANE is back at square one. If they still want to drill some holes, they will have to go through much more rigorous environmental review than they had previously faced.

Thanks to an injunction by a federal judge back in April, “the writing was on the wall that they were going to lose the case,” says Taylor McKinnon, public lands program director for the Center for Biological Diversity.

With the settlement, VANE essentially folded a losing hand.

It’s a big victory, but the issue is far from settled.

“This has been our flagship battle for a much, much larger war,” McKinnon says.

That’s because if mining companies like VANE are willing to go to the time and expense, they very well may be able to gain approval for exploratory drilling in the future.

While exploratory drilling causes relatively little damage in comparison to, say, a large heap-leach uranium strip mine, environmental groups like the CBD are determined to stop any exploration near the Canyon.

That’s because under the 1872 Mining Law, the bedrock of federal mining legislation, once a recoverable mineral deposit has been found, it gains a whole host of new legal rights and protections and becomes very difficult – and expensive – to stop.

So, until Congress gets around to reforming the 1872 Mining Act – hell, it’s only been 136 years – stopping exploration is the only way to really nip a mining project in the bud.

A few members of Congress have now gotten into the act, seeking to withdraw a huge section of land near the Grand Canyon from mineral exploration – using an emergency declaration that last three years and that federal law says the Department of the Interior is compelled to respect.

The declaration was passed on June 25, 2008, but has been ignored by Interior, prompting a new lawsuit by environmentalists – filed Monday – seeking to compel Secretary Dick Kempthorne to stop approving exploration projects within the withdrawal area.

TZR founder Adam Klawonn has the skinny here.

To Taylor McKinnon, it’s a classic power struggle between the executive and the legislative.

“I think that the Bush Administration objects to the power afforded Congress over the executive branch in this case,” he says.

The Bush Administration in a power grab? That’s shocking. Just shocking.

John Collins Rudolf

Lawsuit aims to block uranium mining near Grand Canyon

GRAND CANYON NATIONAL PARK — Three large environmental groups are suing the federal government for allegedly dragging its heels to protect almost 1.1 million acres near the Grand Canyon from uranium mining and other such projects.

The 19-page complaint in federal court in Tucson comes from the Tucson-based Center for Biological Diversity. The nonprofit has more than 40,000 members dedicated to the preservation and restoration of ecosystems and biodiversity worldwide.

It is joined by the Sierra Club and the Grand Canyon Trust, a Flagstaff-based nonprofit whose 3,500 members are bent on protecting the Colorado River Plateau.

Together, the three groups are asking U.S. District Court Judge Neil V. Wake — the same judge who upheld Arizona’s controversial employer sanctions law — to force the nation’s Interior department to seal off sensitive lands near Grand Canyon National Park, thwarting mining outfits’ plans in the process.

They claim a recently approved federal law grants these lands the proper protection, but that Interior Secretary Dirk Kempthorne has ignored it.

In March, the Grand Canyon Watersheds Protection Act of 2008 was introduced in Congress. It removes more than 1 million acres of public lands adjacent to the park from certain mining activities, the complaint states.

On June 25, the House Committee on Natural Resources issued an emergency resolution to compel Kempthorne to preserve these lands immediately. At the time, word was trickling out through news reports that a uranium-mining project near Grand Canyon National Park had been approved by the U.S. Forest Service.

Demand for uranium was skyrocketing due to an increased interest in nuclear power worldwide – especially in fast-growing developing countries. About 1,100 mining claims were believed to exist within 5 miles of the park, and forest officials had approved drilling for seven sites within three miles of the park boundaries.

“The Committee found that previous uranium mining operations near Grand Canyon National Park have left a legacy of debilitating illness and death among Native Peoples in the area, and resulted in contaminated soil and ground water that remains unremediated,” the complaint claims.

Three weeks after the committee declared the emergency, Kempthorne sent a letter in response indicating he will not protect the lands, according to the complaint. The Center for Biological Diversity waded into the fight, but Kempthorne did not respond to their petition either, the complaint claims.

On June 27, the federal Bureau of Land Management, an agency that oversees public lands, allowed the mining company to start drilling.

The resulting lawsuit asks Judge Wake to force Kempthorne to protect the lands immediately, shut down the remaining uranium-mining projects and prevent other such projects from popping up inside the 1.1 million-acre zone in the future.

The Center for Biological Diversity is being represented by lawyer Marc D. Fink of Duluth, Minn.; the Grand Canyon Trust is being represented by lawyer Neil Levine of Denver; and lawyer Roger Flynn of Lyons, Colo., is working with them on behalf of Western Mining Action Project.

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>>Email the editor at aklaw@zoniereport.com.

Tempe coffee startup gives caffeine crowd the jitters

TEMPE — It all started with a couple wanting to do something together as a family.

“We both love people,” Cartel Coffee Lab co-owner Amy Silberschlag says, referring to the shop’s other owner, husband Jason.

Jason Silberschlag started his quest to open a coffee shop when he decided to go to Guatemala to talk directly with coffee bean farmers.

His love for coffee has driven him to bring some of the best beans in the world to his shop at the southwest corner of University Drive and Ash Avenue in Tempe.

Jason Silberschlag trades directly with foreign farmers to ensure buying the best beans. Needless to say, the shop has attracted a loyal following in a caffeine-crazed college town.

“I think just the idea of having really good coffee makes the difference,” Jason Silberschlag said. “Any one who cares about quality I would say is our main customer.”

But the Silberschlags’ shop also has an eco-friendly approach to their business. The cups are made of a compostable cornstarch and are reusable due to the thickness of the material.

Cartel features a spacious and relaxing atmosphere, despite the slight hum from the big red coffee machine in the back of the shop.

“I love it,” said Jessica Clark, 19, a Cartel regular. “I appreciate the concept. (The shop) is less of selling your soul to the devil and more appreciating each other.”

Jason Silberschlag stated he wanted a place that created a community atmosphere and relationships based on a mutual meeting place. Matt Kenny says it works well.

“I’ve tried other coffee places and this one has won my heart,” said Kenny, 22, a transplant from Bellingham, Wash.  “I thought I would never find a place like this in Tempe.”

“(The) mixture of art makes a good atmosphere,” he added. “It has a real local feel.”

The quality of the Silberschlags’ product and welcoming spacious shop attracts a diverse customer base.

“I would say most people who come in have a respect for higher education,” Jason Silberschlag said. “(We attract) your average chase employee all the way to full-on sleeves of tattoos and piercings.”
The green direction and friendly environment of Cartel has also wooed potential employees.

“I was looking for a more eco-friendly business,” said Liana McNeil, a Cartel barista.  “It almost feels like a second home, I feel really comfortable here.”

The knowledge needed to be a successful barista at Cartel surpasses most major corporate coffee shops.

“It’s not just pushing a button here, it’s more of a skill and a knowledge of the machine,” said barista Melissa Marriott, who will be competing in a national barista contest in Austin.

Cartel staff welcome the competition. On Sept. 20, Jason Silberschlag went to Columbia with an organization called Cup of Excellence, which judges coffee from all over the world.

The winning coffee is sold to the highest bidder during an Internet auction. The winning roast can fetch up to $120 per pound, Jason Silberschlag said.

The Silberschlags actually sell a Cup of Excellence coffee in their shop, plus 3 other types of coffee. They are currently offering La Union Farm from Nicaragua, a top finisher from 2007.

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>>Email the editor at aklaw@zoniereport.com.