U.S. Court Halts Mount Graham Construction
4/25/95
*******************************
RELAYED TEXT STARTS HERE:
/** list.forest: 88.0 **/
** Topic: Mt. Graham astronomers forced to re **
** Written 10:39 AM Apr 25, 1995 by silver@indirect.com in
cdp:list.forest **
From: silver@indirect.com (Robin Silver by way of
silver@indirect.com (Robin Silver))
Subject: Mt. Graham astronomers forced to respect
environment/Native Americans
NEWS RELEASE: April 24, 1995, by a coalition of many groups
(enclosed) opposing the Mount Graham telescopes
U.S COURT HALTS MOUNT GRAHAM CONSTRUCTION
Court finds U. of Arizona-Italian-German telescope in violation of
U.S. cultural, religious and environmental protection laws.
The 9th Circuit Court of Appeals in San Francisco today confirmed
that the University of Arizona and their European collaborators'
Dec. 7, 1993 habitat destruction on Mt. Graham was illegal. The
court determined that for the Columbus binocular project, to be
exempted from all U.S. environmental, cultural and religious
protection laws, it had to built within the boundaries prescribed
by Congress. The court ruled the astronomers did not follow
Congress' law. The astronomers destroyed habitat illegally.
After 15 years of evasion, astronomers will now be required to
perform Native American cultural studies on this most sacred
Apache mountain. They must also perform required biological and
environmental studies on the impact of the project on one of the
most endangered small mammals in North America, the Mount Graham
Red Squirrel.
The University of Arizona, in collaboration with their Italian,
German (Max Planck) and Vatican partners, has spent millions of
dollars lobbying and litigating in their efforts to evade and
avoid U.S. Native American cultural protection and U.S.
environmental laws. These laws would have prevented desecration
of the Apache mountain and destruction to a unique cradle of
evolution having 18 plants and animals found nowhere else in the
world. All former U.S. partners in this scandal, some 28
institutions, have abandoned or rejected it either because of its
poor astrophysical quality or because they did not wish to be part
of the first project exempted from all Native American religious
protection laws and U.S. environmental laws.
Wendsler Nosie, co-chairperson of the Apaches For Cultural
Preservation, and recently returned to the reservation from
visiting German and Italian parliament members, said, "I was
heartened to learn that the Italian parliament is going to
consider a resolution opposing Italian government funding for the
Columbus binocular telescope." Nosie went on to say "Apache
people will be pleased by this court victory. For the first time
in the many years of planning of this project Native American
cultural and religious protection laws must be observed. Now the
government must obey the laws which include meaningful
consultation and communication with traditional Apache people here
on the reservation."
Ola Cassadore Davis, Chairperson of the Apache Survival Coalition
was also in Germany and Italy recently. She said, "I was very
saddened to learn that Max Planck and other German astronomers are
even considering investing in a project so profoundly
disrespectful to the Apache people. Even more surprising to me is
that they would consider a project which the U.S. courts
have repeatedly over the past many months ruled illegal and in
violation of U.S. religious and cultural protection laws. Why is
it that German, Italian and Vatican astronomers show no respect
for either our religious beliefs or our U.S. laws?"
Robin Silver, conservation committee member of the Maricopa
Audubon Society of Phoenix stated, "At long last respect for the
environment and respect for Indian people will be enforced within
the astronomy community and the University of Arizona."
Dr. Elizabeth Brandt, Arizona State University, Department of
Anthropology, Tempe, Arizona, pointed out that the Mt. Graham
victory bodes well for recognition for traditional Native American
cultural values. Brandt pointed out that a recent separate
Appeals Court ruling in Albuquerque, NM of the Pueblo of Sandia
vs. U.S. Forest Service, on March 14, 1995, called attention to
Forest Service studies which were ruled by the court to be
"neither reasonable nor in good faith." Brandt said, "On Mt.
Graham the Forest Service has failed to perform any studies of
sites which have historic, traditional or religious significance.
Now they no longer can avoid them."
All logging and deforestation by the UofA, Italian and German
astronomers has been halted since summer 1994. The court
injunction will continue until such time as the U.S. cultural and
environmental requirements have been lawfully performed. Thus
far, two small, relatively inexpensive instruments, Vatican and
Max Planck telescopes, have been built. They were built exempt
from all U.S. environmental and religious protection laws.
For info: Ola Cassadore Davis, Apache Survival Coalition, San
Carlos, Arizona, 520 475-2543; Wendsler Nosie, Sr., Apaches For
Cultural Preservation, San Carlos Arizona 520 475-2545, or 475-
2494; Robin Silver, Maricopa Audubon Society 602 246- 4170;
Elizabeth Brandt, Tempe, Arizona 602 965-5992, 968-9505