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SCOTUS Restricts Water Rights for Navajo Nation

Photo credit: Leah Hogsten \ The Salt Lake Tribune

By Hunter Marion

On June 22nd, 2023, the U.S. Supreme Court ruled in Arizona v. Navajo Nation (2023) that the United States was not responsible for securing access to clean, fresh water for the Diné people. This is yet another blatant attack on citizens’ rights to clean water, such as what happened in Sackett v. EPA (2023), and another harmful decision in a string of highly controversial rulings this last month.

The argument at the heart of the case was whether an 1868 treaty signed between the Navajo Nation and the U.S. government included providing the Diné with direct, reliable access to the Colorado River watershed. The treaty specified that the Nation would be given sufficient resources that allowed for suitable agriculture in their “new, permanent home.” The Diné rightly assumed that this would include infrastructure that accessed the river’s water.

The Navajo Nation has rights to ~700,000 acre-feet of water annually from the Colorado River. However, it does not have the infrastructure necessary to access their owed amount of water. This leaves about 40% of all Diné households without water. To put this into perspective, 99.2% of the entire U.S. population has continuous access to potable drinking water, whereas only 48% of the U.S. Indigenous populace has such access. For the 82 gallons of water accessed by the average non-Indigenous U.S. citizen per day, an average Indigenous citizen accesses only 7 gallons. Global warming has also decimated water levels in the Southwest region, particularly exacerbating tribal nations’ already limited water access.

By voiding any responsibility of the U.S. government to build water infrastructure in the Nation in this ruling, the U.S. has once again broken another contract between the Nation. The ruling also perpetuates the centuries-long discrimination that disproportionately exposes Indigenous peoples to environmental contaminants, radiation, extractive and polluting enterprises on tribal lands, and denies them continuous access to health,  education, and clean water.

Navajo Nation President Buu Nygren, although disappointed, “remain[ed] undeterred” and vouched that he will continue fighting to “represent and protect the Navajo people, [their] land, and [their] future.” The Native American Rights Fund also voiced that they “will continue to assert their water rights” despite the Court’s ruling.

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Homepage Water News

PFAS From Fire Suppression Foam Spill in Farmington River, Connecticut

PFAS are toxic chemicals that are used commonly in packaging and other household products. They tend to accumulate in the environment rather than break down, so PFAS contamination is common in water systems throughout the US. This is particularly dangerous because PFAS consumption has been linked to increased risk of cancer.
Last month, PFAS containing foam spilled into the Farmington River in Connecticut, near Windsor. Residents were upset and concerned about the implications of the contamination for their water systems.
One of the most common uses of PFAS is in the foam firefighters use in order to put out fires. While there are alternatives products, firefighters are currently required to use PFAS foam in their trucks. The spill in question was caused by a firefighting hangar at Bradley International Airport dumping foam into the river. <Read more>

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Backyard Talk

Stepping Out of Your Comfort Zone

It has been almost 40 years since the residents at Love Canal felt frustrated and angry that the newest scientific study found families had abnormal chromosome breakage, “a very rare observation in any population,” according to scientists. Not only does abnormal chromosome breakage indicate a higher risk of cancer, but also genetic damage in adults and children. However, the White House didn’t feel as though these anomalies were significant enough to warrant resident relocation.
That’s when residents decided to really step out of their comfort zone. They invited two EPA officials into their office building and closed the door. “You cannot leave until the White House evacuates us,” they told the officials.
Hundreds of people encircled the building (an abandoned home) and sat down: a non-violent action that received massive media attention. The media defined the action as the first domestic hostage taking, but the residents considered it to be detaining the EPA representatives to protect them from the angry crowd outside. Residents of Love Canal detained the EPA representatives for five hours before letting them go. An ultimatum was sent to the White House – “relocate residents by noon Wednesday or what we did here today will look like a Sesame Street picnic.
Precisely at noon on Wednesday the White House announced that everyone who wished to be moved could leave with federal government funding. Later the polluter Occidental Chemical reimbursed the government. No criminal charges were filed. One of the “hostages” sent a telegram saying, “I miss your oatmeal cookies, best wishes from your friendly hostage, Frank Napal.”
I am sharing this story to say sometimes you must do things outside of your comfort zone. No, I am not suggesting anyone ever detain federal officials. What I am saying is that all too often, leaders are not willing to do things that raise the bar and are risky. Even carrying signs in front of city hall or an EPA hearing is considered to be too risky for them. However, if you play by the rules, you are almost guaranteed to lose.
Why? Because the rules are defined by those in power to control everyday people. There is nothing, for example in a state or our country’s constitution, that says citizens can only speak for three minutes at a public hearing while their opponents generally get plenty of time, loosely disguised as explaining the project/plan.
Today, there is a big push by corporate power to make it a felony to protest even in a nonviolent, peaceful manner. In Texas, some legislature members are trying to push a measure that would subject those who trespass, damage or destroy a facility, or impair or interrupt operations to a third-degree felony including two to ten years in prison. Organizations found guilty of breaking the law would face a fine of up to $500,000 under another provision in the bill.
Finding creative ways around the “rules” is often the only way to make your voice heard, along with applying pressure to those you need to move to resolve the problem. But most of the time, that involves stepping out of your comfort zone. Here are some examples.

  • One strategy you can implement is to hold a news conference ½ hour before a public hearing at the same place (or sidewalk nearby). Explain to reporters your objections to the format, the solution/problem the hearing is about and provide the reporters with questions they can ask of elected representatives, the corporation that benefits and offer community people to provide the “human impact” side of the story. Reporters are better prepared when interviewing people with real, targeted questions.
  • In Georgia, in the black belt region, the community wanted to speak out against a proposed facility that threatened their air, water and land. However, every time someone did speak out in opposition, their car tires or personal property were vandalized. The message was clear: if you speak up, there will be retaliation. The solution to this problem is to stop speaking out as individuals; instead, speak as a group. At the next public hearing, 250 African American residents filled the auditorium. That alone frightened the corporation because they had never had so many local residents attend. Then, when the first speaker from the residents group went to the podium to speak, he broke into a church hymn. All 250 residents stood up and sang along with him. When the second person went to the podium, she sang a church hymn as well and everyone stood up and sang with her. The tables were turned as the local people began to take back their power and started feeling strong.

There are many ways to take back our democracy and have our voices heard, but simply writing letters, signing petitions, and playing by the rules is not enough. To make real, tangible change, you need to step out of your comfort zone and do something creative, together, and always non-violent.
Captura de pantalla 2019-06-06 a las 3.33.34 PM
 

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Backyard Talk

What is “Fridays for Future,” and why are youth protesting outside their parliaments across the world? By Maddelene Karlsson

Since August 2018 a climate change movement known as “Fridays for Future” has grown significantly fast. It all started with the now 16-year old Swedish Greta Thunberg, who learned about the devastating effects of climate change in school. She felt so taken by what she had learned and thought that interventions on a global level need to happen sooner rather then later. Greta started to protest outside of the Swedish parliament every Friday during normal school hours arguing “why study for a future which may not be there.” The goal of her protests was to demand political leaders improve current climate policies for a sustainable future. Greta also argues “why spend a lot of effort to become educated, when our governments are not listening to the educated?”. Like the snowball effect, Greta’s protesting went from her protesting alone to large school “strikes” together with thousands of people across the world every Friday.
Fridays for future Greta Thunberg
 

(Photo: Michael Campanella/The Guardian)

In mid-March 2019, the largest strike so far took place in more than 125 countries with at least 1.6 million participants, all demanding action against climate change. Recently, on May 24, another large school strike was organized with similar participation rates, as featured in The Washington Post. The group Youth Climate Strike US, is the lead youth climate action organization in the U.S. They are advocating for the New Green Deal, a stop to new construction of fossil fuel infrastructure, evidence-based policymaking in the government, a declaration of national emergency on climate change, comprehensive climate change education in primary schools, improved preservation of public lands and wildlife habitats and clean water actions.
Fridays for future protest

(Photo: Justin Lane/EPA-EFE/Shutterstock)

The main goal of the school strikes is to urge political leaders globally to comply with the recommendations of the United Nation’s Intergovernmental Panel on Climate Change (IPCC). It’s stated in their latest report that in order to prevent and reverse the predicted devastating impacts of climate change on planet earth and human health, global CO2 emissions need to be cut by 45% by 2030. While political leaders are responsible for implementing sustainable policies, such as fulfilling the pledges they made in the Paris agreement for 2030, all people can do their part with small lifestyle changes as well. If we don’t act now, we put ourselves and all wildlife at risk for a mass extinction.
The devastating effects of climate change is not limited to melting icecaps and rising sea levels. Climate change has also caused an increased number and intensity of extreme weather conditions such as hurricanes, tornados and rainfall in the U.S. In the 2009 CHEJ publication “In the Eye of the Storm,” the impact of extreme weathers near or at Superfund sites is explored. Superfund sites are already toxic and put human health at risk. With the increased number of storms and flooding, toxins migrate in soil and water and pose a greater risk than originally, making the cleanup processes more difficult and costly too.
 
Sources:
https://www.fridaysforfuture.org/
https://www.youthclimatestrikeus.org/platform
https://www.theguardian.com/world/2019/mar/11/greta-thunberg-schoolgirl-climate-change-warrior-some-people-can-let-things-go-i-cant
https://www.theguardian.com/environment/2018/oct/08/global-warming-must-not-exceed-15c-warns-landmark-un-report
https://www.bbc.com/news/world-48392551
https://www.bbc.com/news/science-environment-45775309
https://www.washingtonpost.com/education/2019/05/24/students-around-world-skip-school-protest-demand-action-climate-change/?utm_term=.70f4b6758731

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Backyard Talk

Did you hear that the Flint water crisis is over?

Did you hear that the Flint water crisis is over?  Nothing could be further from the truth. President Obama’s attempt to prove the water’s safety by drinking it on national television left many Flint residents confused and angry.  Right now, pregnant women and children under age six are still being warned not to drink the water.  How safe is it? Many Flint residents are relying on bottled water to bathe, cook, and brush teeth.  Flint’s old leaded pipes are a long way from being replaced.  The chemicals being used to seal pipes are showing problems. Flint’s residents are rightly anxious about the safety of the water.
 
The early signs which concerned moms and dads noticed included hair loss, sudden skin rashes, abdominal pain.  They knew something was wrong, but for many parents, learning that the child was lead poisoned was much worse than anything else they had imagined.  The heartbreak continued as they found that their kids were now at high risk for ADHD, low IQ, among other long-term health effects. Here is one mother’s story:
 
‘I’m not taking a bath . . . it hurts my skin.’ The evening struggle begins again for a mom whose child refuses to bathe. The contaminated water was causing her young son’s rash. ‘I took him to the doctors. I was told to keep his skin clean and to bathe him every night. The doctor said he had contact dermatitis from something like laundry soap, bar soap, or something else he comes in contact with. I never thought water from my faucet could be hurting my baby.”  
 
Oversight responsibility over city water is the local government’s job. Local government is required to report to the state, which is overseen by the federal EPA water division.  One breakdown in oversight is bad, but a break down at every level means somebody or everybody is slacking on the job and does not care.  
 
Sasha Khokha, a journalist from California National Public Radio has a different distressing story.  After she heard about the water crisis in Flint, she decided to check her tap water. When she reviewed her water bill from the city of Fresno, she read the “consumer confidence report” for drinking water.  Sasha read the footnote in small print: ‘123 Trichloropropane (1,2,3 TCP) has been detected in 29 wells in Fresno…. Some people who use water containing it over many years may have an increased risk of getting cancer, based on studies in laboratory animals.’
 
Fearing for her two children, she decided to get her water tested for the presence of chemicals.  The sample from Sasha’s kitchen tap showed 2.2 parts per trillion, three times the state’s public health goal for 1,2,3-TCP.   Twenty-five years after California declared 1,2,3-TCP to be a carcinogen, drinking water regulators are only now planning to set a standard for drinking water.
 
And it’s not just Fresno. According to the State Water Resources Control Board, the chemical has been found in about a hundred public water systems across California, mostly in the Central Valley, but also in counties like Santa Cruz, Monterey, Sacramento, and Los Angeles.  
 
We have do better as a country, every person deserves safe drinking water – it is a human right.

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News Archive

Clean water crisis threatens US

UnknownThe United States is on the verge of a national crisis that could mean the end of clean, cheap water.

Hundreds of cities and towns are at risk of sudden and severe shortages, either because available water is not safe to drink or because there simply isn’t enough of it.
The situation has grown so dire the U.S. Office of the Director of National Intelligence now ranks water scarcity as a major threat to national security alongside terrorism.The problem is being felt most acutely in the West, where drought conditions and increased water use have helped turn lush agricultural areas to dust.
But dangers also lurk underground, in antiquated water systems that are increasingly likely to break down or spread contaminants like lead.
The crisis gripping Flint, Mich., where the water supply has been rendered undrinkable, is just a preview of what’s to come in towns and cities nationwide, some warn.
“We are billions of dollars behind where we could and should be,” said Rep. Jared Huffman (D-Calif.), who spent 12 years on a municipal water board before running for state office. “People in the clean-water world would tell you they’ve been shouting about this for a long time.”
“For much of the U.S., most people don’t perceive any shortage,” he added. “But we’re going to talk a lot about shortages now.”
Read more from the Hill