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Rally to Oppose Desert Rock Power Plant!
Feb 5, 2-3PM
Round House Rotunda

(northwest corner of Paseo de Peralta and Old Santa Fe Trail)

• Please Attend and help us show the Legislature we don't want this!
• Deliver a letter to your legislators.
• Come early, as parking near the Round House is very hard to find.

The 2007 New Mexico Legislative Session has begun, and one major, problematic bill that we expect to be introduced soon is a huge incentive for a giant coal-fired power plant in New Mexico.

This plant will spew over 10 million tons of greenhouse gases into the atmosphere each year, essentially wiping out New Mexico's attempts to reduce greenhouse gas emissions for decades to come.

Desert Rock is just one of over 150 coal-fired plants that the cynical coal industry is attempting to rush into construction before Congress imposes limits on greenhouse gas emissions. Protests have erupted across the US to stop these plants, including in conservative states like Texas, where an alliance of mayors is opposing 12 proposed plants.

The company proposing Desert Rock, Sithe Inc., claims the plant will be "clean". Such is not the case: It will still spew over 10 million tons of CO2 per year, and it appears that Sithe is hiding other pollution emissions with misleading analysis and taking credit for emission reductions at other plants.

This IS a renewable energy/energy efficiency issue: Serious development of large-scale "Concentrating Solar Power", or"CSP" is now possible and is finally beginning in the West. PV is really taking off. We believe a combination of CSP, PV, wind power, and strong efficiency programs could meet most or all of the load growth in the near term. But inappropriate plants such as Desert Rock will suppress that possibility by diverting rate payer money to the wrong places.

At the Rally you will:

• Hear environmental leaders describe why Desert Rock is bad news for New Mexico
• Help us demonstrate that New Mexican's don't want Desert Rock.
• Deliver your views to your legislators in person

We suggest bringing signed letters to the event. A template for these is given below. More information about Desert Rock is also given below.

For more information about the Rally, contact Robb Thomson ( robbm@toast.net )

Rally Coordinators are:
-Robb Thomson ( robbm@toast.net )
-Lori Goodman
-Ben Luce
-Holly Beaumont

Desert Rock Power Plant:
Summary of Issues

Both scientific studies (IPCC and others) and the economic study on global warming by Stern point to the next decade as being a crucial period during which serious green house gas mitigation must be instituted, or serious risks from global warming will result. Instead of initiating a path for decreasing green house gas emissions in the State, Desert Rock would INCREASE the total net emissions in the State by an estimated 16%. This magnitude of increase could not be counteracted by other mitigation policies for the better part of that crucial decade described above. And in particular, the savings proposed by the Governor to take action by 2012 are almost exactly the amount that Desert Rock will increase those emissions, once it is fully operational.

Mercury is a serious health hazard in NM, and mercury emissions by Desert Rock will not be controlled by present EPA stance. Uncontrolled, Desert Rock would increase mercury emissions in the state by about 40%. Overall levels of controlled pollutants will put the 4 Corners region over the top on EPA air quality standards if Desert Rock is built. The disposal of fly ash from pollution control processes could pose a serious health hazard, but is not a controlled standard.

The accuracy of all the submitted figures for pollutant control at Desert Rock have been seriously questioned by expert testimony from Dine Care, San Juan Citizens Alliance, et al. The EPA judges Desert Rock on the basis of “Best Available Control Technology”, but did not allow comparisons to Integrated Gasification Combined Cycle systems. IGCC is significantly better than the traditional Desert Rock plan ON ALL COUNTS. (For example, mercury can be practically eliminated entirely, CO2 emission is lower, and ultimate CO2 capture is fi- nancially feasible.) An IGCC plant would therefore significantly ameliorate the problems associated with building a new electric power plant in the 4 Corners.

An even better alternative to Desert Rock than IGCC is a concentrated solar power system, which has NO environmental downsides. It would also create jobs in the Navajo Nation, just as Desert Rock does.

Desert Rock Facts and Statistics

Owners: Sithe Global Power of Houston, TX.

Electricity Production: 1500 MW (two 750 MW units),

Expected electric energy produced per yr for Desert Rock is 11,169 GWh.

Total electric energy produced in NM in 2003 was 32,500 GWh.

Cost: $2.2 Billion

Fuel: Coal (mine mouth facility)

Location: 580 acres about 30 mi S of Shiprock

CO2 emissions: 10.5 MMtCO2e per year.

Desert Rock is proposed by Sithe in partnership with Dine Power Authority (a Navajo nation enterprise). It will be a “market plant” which means it will sell power to other buyers. Sithe claims prospective buyers will be APS the Salt River Project and PNM (PNM denies they will buy power from Desert Rock). The land is leased to Dine Power and subleased to Sithe. Sithe has brokered a 67% reduction of taxes from the Nation, and is in negotiation with the County for additional tax breaks. A bill is expected to be introduced in the Legislature for substantial relief from State taxes. (Last year, the total amount of such tax relief requested was $60M over a period of about 5 years.)

SAMPLE LETTER

February 5, 2007

The Honorable ________
NM State Senate/House of Representatives
State Capitol
Santa Fe, NM 87501

Dear Senator/Rep _____

I am one of your constituents, and write regarding my opposition to the building of a large new coal fired electric plant at Desert Rock.

I have been delighted by the leadership the Legislature has provided our state in the area of global warming, and your support of proposals to mitigate the growth of green house gases. And in particular, I am pleased by the Governor's recently announced program, based on the recommendations of his Climate Change Advisory Group.

But the plan to build the Desert Rock power facility will deal a fatal blow to the Governor's program, because it will totally wipe out the planned savings in green house emissions in 2012 relative to the reference year 2000. According to climate change experts, we have about a decade to deal effectively with green house gas emissions in a serious way, before we risk serious consequences to the climate. If Desert Rock is built, in New Mexico, we will have lost most of that decade.

In addition to the emission of green house gases, Desert Rock is also a matter of concern to New Mexicans because of the damage it will do to an already stressed environment in the 4Corners region. And more particularly, we are concerned by the emission of mercury from the stacks. Mercury is already a serious health issue in the state, and the additional 40% burden from Desert Rock would be unacceptable, in my opinion.

The major benefit quoted by the supporters of the plant is the economic benefit to the Navajo Nation and its citizens, but there are alternative ways to build new power capacity in the State without causing unacceptable environmental harm to the State and all its citizens.

Thus, I believe that the Desert Rock plant, as proposed, will be harmful to the people of the State, represents bad public policy, and should not be built. I respectfully request that you oppose the granting of tax credits or any other benefits to the builders and owners by the State in any way you can.

Very sincerely yours,

PRINTABLE PAGE

Update from the Dooda! Desert Rock Committee
Friday, January 5, 2007

Voices from the Land

Burnham, New Mexico (Navajo Nation Territories)

On January 3, 2007, we received a court order that defines legal actions and participation at the site of a proposed Desert Rock Power Plant. The people of the Dooda Desert Rock Committee will abide by the order in a spirit of full cooperation. At the same time, we would like point out, as the presence of the order makes clear, according to Diné law, that we have a full right and responsibility to remain near the site in order to monitor activities that take place there. As Diné we are keepers and caretakers of this land, and the elders who have been at the site since December 12th are doing nothing more than engaging in that duty. It has been part of our way of life since long before foreign corporations began claiming our land for profit.

The Diné have always been guided and protected by the immutable laws provided by the Diyin Dine' e, Nahasdzaa and Yadilhil; these laws have not only provided sanctuary for the Diné Life Way but has guided, sustained and protected the Dine' as they journeyed upon and off the sacred lands upon which they were placed since time immemorial. According to the following principles, laid down in Navajo common law, we claim our right to remain at the site in a spirit of witness to this duty to protect the land:

HAZHO'OGO
1. Navajo common law has a duty of care toward others when advising them of matters affecting their rights called hazho'ogo.

2. The duty in dealing with others is to give them information on their rights and responsibilities in a way they can understand and using respectful communications.

3. The plaintiffs did not exercise that standard of care in communicating with the defendants about their rights and privileges, so injunctive relief was denied.

FREEDOM OF SPEECH, ASSOCIATION, ASSEMBLY AND PETITION

4. The defendants were, and are, exercising rights to freedom of speech, association, assembly and to petition government for a redress of grievances, all protected by 1 N.N.C. § 4 (2005).

PRIVILEGED CONDUCT UNDER NAVAJO NATURAL LAW

7. The defendants are Dine, and "The Dine have the sacred obligation and duty to respect, preserve and protect all that was provided for we were designated as the steward for these relatives [i.e. "All
creation, from Mother Earth and Father Sky to the animals, those who live in the water, those who fly and plant life"] through our use of the sacred gifts of language and thinking." 1 N.N.C. §§ 205(D), (C) (2005).

8. "It is the duty and responsibility of the Dine to protect and preserve the beauty of the natural world fore future generations," and the defendants were carrying out that duty pursuant to 1 N.N.C. § 205(G) (2006).

9. Those duties under Navajo Natural Law are higher duties that take priority over rights asserted by the plaintiffs Sithe Global Energy & DinéPower Authority.

There is a need to have an observation post to monitor and document what is taking place at the site. The people are committed to this and will remain at the site, according to the principles outlined above. We still question the categorical exclusion provided for a project of this magnitude - this should be part of the EIS. Our lawyers have filed a FOIA request for documents which they should be getting within next 8 days, according to NEPA rules. Our understanding is that geophysical assessments are more readily approved for Categorical Exclusion, but that geotechnical assessments, which involve deeper drilling, might not be. At this time there is major work happening at the site that is legally questionable.

For More Information:

Elouise Brown
Doodá Desert Rock President
505.947.6159
thebrownmachine@hotmail.com

HK Dixon
DDR Media Contact
505.360.1615
thebrownmachine@hotmail.com

The resistance Camp is still running strong. It is now being called a Vigil. IEN was able to send in a technical dude with a bus that has set-up a low-watt radio system and is now web-casting / streaming through the web. The camp is now radio broadcasting to the surrounding communities, and getting 35 mile coverage. They are broadcasting information about the proposed coal-fired power plant from sunrise to sunset. The energy is provided by solar, with limited battery storage at this time. Communicating as an organizing tool out to the remote areas of the Navajo reservation is a priority.

People throughout the world can tune into the broadcasts and web casts by going to www.earthcycles.net

The resisters and supporters spent Christmas huddled around a campfire. Since the police and rangers came into the Camp last week (the 21st) they have kept some tribal police there. The Camp is constantly being watched 24 hours/day. It has been pretty quiet this week. There has been a steady stream of support people coming and going. The Dine’ people that are resisting this proposed coal-fired power plant NEED YOUR SUPPORT! They are inviting supporters to come to the Vigil to stand with them. A Fire has been burning day and night, with many Prayer Ceremonies taking place. The Resisters have vowed to be at the Camp for the long-haul.

The DOODA Desert Rock Committee members are preparing for Court on January 3rd. This is related to the injunction filed against them. A lawyer has been retained and doing a good job. Dine’ Power Authority (DPA) and Sithe Global Power, LLC sought the injunction and have their attorneys all lined up. We are calling Sithe Global Power, the “SITHE LORDS” (Star Wars – Dark Force peeps).

Since the police came in on December 21st and moved the Camp, there has been constant activity across the way with semi-trucks and other company vehicles getting ready to do drilling for water testing and road building crews. The police are reported to play with their night vision stuff at night. The Camp now has a dog and there have been no attempts lately by the police to enter the Camp at night snooping around.

Last Friday, Grandma Lucy Willie butchered a sheep and the youth supporters learned the techniques of meat cutting and learned of the various dishes that mutton can make. Lucy walked around proudly because it was a time to build bridges between the young and the old. She taught the younger ones the importance of the fight for the traditional ways of the Dine’ to protect Mother Earth. They now know what it means to be part of the land; not only as an individual but as a community protecting what is sacred and what is rightfully theirs.

During the past week, the Navajo Nation Communications Office of the President has been waging a media-campaign to discredit the Dooda Desert Rock Committee and its supporters. The stakes are high. The Resisters are dealing with an energy development that has big bucks and the big boys behind it.

More information about what is going on can be found on the http://www.desert-rock-blog.com

A second site is being put together now, it will be at http://www.doodadesertrock.org

An open letter from the members of the Dooda Desert Rock Committee to the Navajo Nation Government and Sithe Global Power.

Friday, December 22, 2006

We are writing this letter to you in the hopes that there is still the possibility for genuine understanding. There are reasons for both our opposition to the location of a coal-burning power plant in our midst, and for the vigil we have undertaken at the proposed construction site since December 12th. We are not doing this because we enjoy it, or enjoy causing trouble. We are doing this because, as grandmothers, mothers, and children of Diné heritage, we feel compelled to act to protect our land, our children, and our way of life.

Our opposition to this plant has been open and pointed for nearly three full years. No one has addressed our primary concerns, including:

1. Pollution and our health: no matter how clean it is purported to be, the Desert Rock plant will add to what have already been characterized by the EPA as some of the worst emissions in the United States from the two existing power plants in our area (San Juan and Four Corners Power Plants). You will excuse us for being suspicious of your promises when we have asthma rates far in excess of national averages, cancer rates in excess of national averages, reproductive disorders and other health related concerns that are attributable to pollution from coal-burning power plants.

2. Lack of real economic benefit: We are told that this plant will bring “hundreds of jobs” to Navajo workers. This is a promise we’ve heard many times before, with regards to oil and gas development, uranium mining, forestry, and various other coal mining and burning operations. In each case, the costs to our people in terms of health and loss of traditional livelihood have far outweighed any economic development from added jobs. Therefore the “jobs” argument is invalid.

3. Infrastructure issues: You will also excuse us for being suspicious of the promises that this plant will somehow benefit those members of the Navajo Nation who lack access to electricity. The Navajo Nation is already a net exporter of electricity, and many of our people still lack access to the electrical grid. How, exactly, will the presence of this plant change that situation? It will not. Lack of electricity supply is not the problem on the Navajo Nation. Lack of will or resources to connect our people is the problem.

4. Failure of political participation: We have been forced to accept this plant as a “done deal” since the plan’s first inception. Members of our community were bought out of traditional use access for dollar amounts that were orders of magnitude below fair value – as if these people had the ability to just move anyway. The people of the affected areas were bullied, lied to and coerced into accepting this arrangement. And yet our leadership insists it is the will of the people.

5. Impact to Diné livelihoods: The proposed plant, and related mining activities, will disrupt large portions of land that are sensitive

6. Provides no progress to real development. We have attempted dialogue with our Navajo Nation government, to suggest that there are alternative pathways to energy development and economic prosperity on Navajo land. Sadly, there has been too severe a lack of vision, imagination and leadership to consider any alternatives. Foreign energy companies with no sense of Diné values for the land, no grounding in our cultural traditions, and no concern at all for our people are dictating energy policy in the Diné homeland. This should not be happening.

For all these reasons, we have continued to oppose the plant. We were forced to escalate our opposition to this plant, to stage a protest vigil at the site of the proposed construction, for the following reasons.

1. We were never informed of what was going on. Elouise Brown, a member of the community, encountered a worker in a truck on December 12 and had no idea what he was going there for. She knew that no authorization for development had been given to the parties involved, that no cultural heritage or environmental impact assessment had been conducted. She believed, in absence of any notification being given, that illegal development activity was taking place.

2. We continue to be kept in the dark as to what is going on there. Responsibility falls on the BIA and Navajo Nation to explain why these activities aren't covered under the EIS, and on a project of this magnitude, why a Categorical Exclusion was accomplished through back-channel processes, rather than out in the open in a transparent, responsible manner. We have submitted a Freedom of Information Act (“FOIA”) request, after unsuccessful attempts to see these documents, despite repeated requests.

3. Only after our blockade, did we receive copies of the Categorical Exclusion document. However, we received an anonymous call warning us the documents were doctored.

4. We question whether the activity at the site is actually permitted under the Categorical Exclusion. Our understanding is that geophysical assessments are more readily approved for Categorical Exclusion, but that geotechnical assessments, which involve deeper drilling, might not be. We also understand that this aquifer assessment will involve deep drilling. We therefore wonder why it was granted the exclusion.

5. We have been careful, per instructions from our lawyer, not to interfere with any of the work activities going on at the site, despite the fact that we disagree with their legality. The “temporary restraining order” delivered on December 19th does not prohibit our presence at the site. We have obeyed that order, and have not physically interfered.

6. Despite that, we have been harassed. Contrary to the allegations that President Shirley and others have made, the police at the site have not been doing everything possible to make us comfortable.

These are the reasons we oppose the plant, and continue to post a vigil to observe the dealings and activities going on at the proposed site. Our government, and Sithe Global, have proven time and again that they can not be trusted to act in any interests other than that of making money for themselves. We will not sit by, or disperse, and let our land be destroyed by unscrupulous outsiders bent only on making a quick profit. We will remain here to give witness to our opposition, to observe and report what we see as long as we are needed.

Dooda Desert Rock Committee
Elouise Brown
President
505-947-6159
E-mail: thebrownmachine@hotmail.com

Thursday, December 21, 2006

UPDATE DINE' BLOCKADE - NO ONE ARRESTED - YOUR CALLS WORKED
- UPDATE AS OF TONIGHT

Update of the Navajo Nation Desert Rock Blockade (9:30 p.m. MST, 12/21/06)
Update posted by Tom Goldtooth, Director, Indigenous Environmental Network

All your calls to the Navajo Nation today have been working! As of this late evening, we heard from the people at the Blockade that the Navajo police have NOT made any arrests (yet).

All the supporters must understand that from late morning to early afternoon today, the elders and resisters at the Blockade, for all intensions and purposes, actually were thinking they were going to be arrested. Reports came in from the Blockade that there were up to 21 numerous types of police, ambulance and tribal ranger vehicles ascending on the site. According to Dailan Jake Long, the media contact at the Blockade, some of the tribal police came all the way from Tuba City, Arizona, in addition to local Shiprock, New Mexico police vehicles.

Dine' CARE was trying to maintain constant contact with the Blockade resisters during this very tense and critical time today. During a time period, all cell phone contact was cut-off. In the best interest of the elder grandmothers, a decision was made to post a message that Dine' grandmas were being arrested and for supporters to immediately call the Navajo Nation President's office. The posting stated that if elders and supporters have been arrested, to ask the police to release them. At the time, the situation called for immediate action, and from sporadic reports from the Blockade, it appeared arrests were being made. That's when an action was posted through electronic mail and other means.

After some time, cell phone connection was reestablished between Lori Goodman of Dine' CARE and the Dooda resisters. According to Dine' CARE, who talked with people at the Blockade, the elders were given five minutes to make a decision to leave or get arrested. The report was that many of the elders and resisters were being intimidated by the large police force. According to Dailan Jake Long, some of the grandmothers got scared.

The elders and resisters were doing a prayer ceremony when police finally drove up and disrupted the ceremony. According to Dailan Jake Long, the police dismantled the camp, tossing tents and everything into a huge truck and moved it across the road away from the blockade area. No one had any access to any of the supplies, nor the food. The elders and resisters were refused access to the portable toilets.

The police have posted police at the blockade entrance and two at the proposed drilling sites. The police now have 4 cops there, guarding east and west entrances.

Communication is very much needed. The area is remote, with no electricity nor running water. The Dooda resisters are doing the best they can to maintain communication with the outside world. Native support groups like Dine' CARE, Black Mesa Water Coalition, Indigenous Environmental Network, Indigenous Media, and others are trying as best as we can to provide support and information.

It has come to the attention of the Dooda resisters, Dine' CARE, Black Mesa Water Coalition, Indigenous Environmental Network and our support groups that the director of the Navajo Nation Division of Public Safety has issued a statement today to correct misinformation being disseminated online that arrests of Navajo grandmothers are occurring at the Desert Rock Energy Project site. Like we explained above, we understand that after everything that took place earlier today, no arrests were made. However, it is our opinion that if people from throughout the country had not made calls to the Navajo Nation today, arrests could have taken place. Again, according to the reports directly from the people at the Blockade, the police were ready and equipped to make arrests. They had paddy wagons, which are vehicles to haul people to jail. The director of the Navajo Nation Division of Public Safety further says that "the officers there are doing a good job and are providing the direct service that the elderly need out there. They've been helping with moving firewood provided by the Navajo Nation, and are employing 120 percent diplomacy in dealing with the situation."

The Dooda resisters and elders did NOT experience the police as providing help nor exercising diplomacy.

He said "online reports that there are 21 officers on the site are inaccurate. He said there are two Navajo Nation officers, one lieutenant and two Navajo rangers assisting the people."

Again, this is not what the Dooda resisters have experienced. The resisters are the ones that witnessed the numerous police vehicles. They counted up to 21 vehicles today.

It is reported tonight the police had tossed their food and belongings all alongside the road and the Dooda members were just putting their new Camp back together. Students from Fort Lewis College have arrived to help out and will doing video taping. More people are to be coming from Save the Peaks from Flagstaff tonight and a man from Taos brought firewood.

FOR MORE INFO (and photos) CHEQUE OUT THE BLOG: www.desert-rock-blog.com