Hearing begins in Reno on disputed gold mine by Sandra Chereb, MercuryNews.com January 20th, 2009 |
Western Shoshone tribal
members packed a Reno courtroom Tuesday, trying to persuade a federal
judge to halt at least part of a huge gold mine they claim would
desecrate a sacred landmark.
Lawyers for Toronto-based Barrick Gold
Corp. and the federal government disagreed with their claims that
mining on Mount Tenabo in northeast Nevada would prevent the Shoshone
from practicing their religion. The hearing before U.S. District Judge Larry Hicks was to continue Wednesday. Roger
Flynn, an attorney representing members of the Western Shoshone and the
environmental group Great Basin Resource Watch, said Barrick's Cortez
Hills Project near Crescent Valley some 250 miles east of Reno would
cause irreparable harm to the mountain. Western Shoshone and
environmentalists are seeking a preliminary injunction to block
construction of the planned 6,700-acre project until a trial can be
held on the merits of the tribe's claims. Among other things,
they argue the U.S. Bureau of Land Management used flawed environmental
studies when it approved the project, which would include a 900-acre
open pit, 2,000 feet deep. Opponents also claim the approval
violates the Religious Freedom Restoration Act because the say the mine
will prevent Western Shoshone from practicing their religion. Shawn
Collins, a member of the Te-Moak band of Western Shoshone and a third
generation miner, said his ancestors were born on Mount Tenabo, which
he described as the source of the family's "puha," or life force. A
heavy equipment operator for Newmont Mining Corp., Collins said he does
not oppose mining, but objects to the work planned on Tenabo. Collins
testified he also was concerned about groundwater levels that
environmental studies projected could drop several hundred feet if the
mine goes forward. The water, he said, "is like the veins in our body ... the earth blood." "If you do pump the water, you're taking the life from the mountain," he said. Francis
Wikstrom, a lawyer for Barrick, said in his opening statement that the
mountain has been mined for more than century, and the mine would not
prevent Western Shoshone from practicing their beliefs. Western Shoshone "consider all of the land, all of the air, all of the water sacred," he said, not just Mount Tenabo. "They can conduct religious services anywhere," he said. Justice
Department lawyer Sara Costello, representing the BLM, agreed with
Wikstrom's argument that the Western Shoshone were misinterpreting the
religious freedom law. They maintained the act prevents actions that
would force members of a religion to do something contradictory to
their faith. In the case of the mine, Western Shoshone would still able to adhere to their religious practices, Wikstrom said. Wikstrom also argued that stopping the mine would cause economic harm to the company and workers. Later
in the day, Ted Howard, cultural resource director for the Duck Valley
Indian Reservation on the Nevada-Oregon line, said creationism stories
surrounding Mount Tenabo have been handed down in oral histories from
generation to generation. "I understand that spirits dwell there on that big mountain," he said. "The spirits of our ancestors still reside there." Under
questioning by Wikstrom, Howard agreed there are other religious sites
in the area, and while Western Shoshone believe in the sanctity of all
life and nature, "there are special places that are more significant
than others." Wikstrom noted that in three books written by experts on Western Shoshone culture, not one mentions Mount Tenabo. "You can't always rely on books when it comes to significant places," Howard responded. Outside
the federal courthouse, about three dozen Western Shoshone and others
demonstrated early in the day. Some beat drums while others held signs
reading, "Gold is not worth more than water," and "Gold is not above
life and culture." |