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June 15, 2007 News of the desert from Sierra Club California/Nevada Desert Committee www.desertreport.org



                                                       BY
 DAVID
 H OGAN


                    A SERIOUS THREAT TO THE NATURAL ENVIRONMENT



      Fight Is On Against “Sunrise Powerlink”

C
               onservative San Diego County                                            renewable energy super highway from the
               is not widely recognized for                                            Imperial Valley and reduce electricity costs
               any fervent resistance to                                               for San Diego ratepayers.
               corporate shenanigans. And                                                    The facts show that this is an
sleepy Borrego Springs, with its popula-                                               emperor bereft of not just clothes but an
tion of 2,500 and location fifty miles from                                            entire wardrobe. In a nutshell:
the nearest stoplight, may as well be Pluto                                            • The only energy crisis faced by San
for its distance from the seats of political                                           Diego is of the sort manufactured by the
power. Maybe that’s why the events of                                                  likes of Enron and SDG&E parent
February 8, 2007 were so impressive.                                                   company Sempra Energy in the early days
    On that night an exuberant crowd of                                                of the 21st Century – market manipulation
over four hundred people wore yellow                                                   cloaked in reduced supplies.i
bandanas, waved signs, and cheered                                                     • The Utility Consumer Action Network
speakers at a hearing of the California                                                in San Diego has exposed serious flaws in
State Parks Commission in an overflowing                                               the company’s cost savings projections.ii
room at the Borrego Springs Resort.                                                    • Improved local energy conservation in
Outstanding in the group were the average                                              San Diego would eliminate the energy
citizens, the seniors, and the children, all                                           reliably gap cited by SDG&E to justify the
there to speak of their abiding passion for                                            Powerlink. New efficient air conditioning
Anza-Borrego Desert State Park. Many braved a weeknight,          systems and a proposed ban on incandescent bulbs in California
four-hour drive over winding mountain roads to give voice to      by 2012 could reduce peak energy demand by 30%.iii
their overwhelming opposition to the proposed “Sunrise            • SDG&E has only recently admitted what tanned beach goers
Powerlink” transmission line through the heart of California’s    have known for years; There’s a lot of sun in San Diego. With the
largest state park.                                               right education and incentives like grants, loans, and tax breaks,
                                                                  energy from commercial and residential rooftop solar could
The World According to San Diego Gas and Electric                                                                continued on page 14
   The Sunrise Powerlink is a new, 150 mile long, high-voltage
electricity transmission line extending from El Centro in the
Imperial Valley west over the Peninsular mountain ranges to the                      I
 N
 S
 I
 D
 E T
 H
 I
 S I
 S
 S
 U
 E
north coastal portion of San Diego.
   According to San Diego Gas and Electric, the Powerlink is         How The BLM Makes
essential to alleviate a pending energy crisis in San Diego.           Decisions About
Company publicists claim that the line would become a
                                                                      Our Public Lands
Peninsular bighorn - along the Powerlink route                                                    See
 page
 3
BY
 CRAIG
 DEUTSCHE




                                                                                          FROM THE EDITOR


                                                         You Are
                                                      The Difference


                                                                                                                   T
                                                                                                                                   here is a theme running through this issue of
JUNE 15, 2007 IN THIS ISSUE                                                                                                        Desert Report, although none was planned
                                                                                                                                   originally. The articles and the issues which were
Fight Is On Against “Sunrise Powerlink” .................................................. 1                                       submitted all point, inevitably, to one conclusion:
                                                                                                                   You, the citizens, will determine our future. The article by Nada
From The Editor: You Are The Difference .................................................. 2
                                                                                                                   Culver, “Speak Your Mind and Be Heard,” outlines how the
How The BLM Makes Decisions: Speak Your Mind And Be Heard ............ 3                                           Bureau of Land Management (BLM) makes its decisions, but of
                                                                                                                   greater importance, it indicates very clearly when and where the
Balancing Economic & Ecological Sustainability In Coachella Valley ...... 4
                                                                                                                   public may influence these events. The BLM is mandated to
Mercury Emissions From Mines Under Pressure...................................... 6                                serve the public interest — it is not for the BLM to dictate it. A
                                                                                                                   second article, “Little People Who Do Big Things,” tells of three
                                                                                                                   ordinary citizens who refused to accept what seemed inevitable.
                                                                                                                   They started alone, organized their communities, and have
                                                                                                                   indeed obliged their respective governments to listen. With only
                                                                                                                   a few exceptions the longer articles as well as the items in the
                                                                                                                   “Current Issues” section all describe decisions and issues that will
                                                                                                                   affect the desert and will affect our futures. These articles show
                                                                                                                   where you, too, can “do big things.”


                                                                                                                   DESERT REPORT ONLINE
                                                                                                                   Desert Report is published at three month intervals. This means, that
                                                                                                                   some topics are out of date by the time they appear in the next printed
                                                                                                                   issue. In an effort to be more timely both the “Outings” section and the
                                                                                                                   “Current Issues” section are now updated regularly in the on-line edition
Little People Who Do Big Things .............................................................. 8                   of the Desert Report. You are encouraged to consult the website to find
Current Issues ..........................................................................................11        recently added outings and information on recently developing issues in
                                                                                                                   desert conservation.
                                                                                                                       Another feature which appears in the on-line version of Desert Report
                                                                                                                   is an index of articles and subjects published in past issues. This has been
                                                                                                                   created by Tom Budlong who is also keeping the index current. The Desert
                                                                                                                   Committee thanks Tom for undertaking this formidable task. The web
                                                                                                                   address for Desert Report is: http:www.desertreport.org.


                                                                                                                   DESERT COMMITTEE MEETINGS
                                                                                                                   We have four meetings a year, usually the second weekends of February,
                                                                                                                   May, August, and November. The site for the August meeting will be at the
                                                                                                                   Grandview Campground in the White Mountains, and the November
Sierra Club Works To Protect The Owyhee Canyonlands ..........................12                                   meeting will be in the Anza-Borrego Desert State Park. We especially
                                                                                                                   encourage local citizens in the area to attend, as many of the items on the
Outings ......................................................................................................16
                                                                                                                   agenda include local issues. Contact Tom Budlong at (310-476-1731),
Protecting Lands From ORV Abuse: A Call To Action ................................18                               tombudlong@roadrunner.com, to be put on the invitation list.


                                 {   2}                                                      DESERT REPORT JUNE 15, 2007
B Y 
 N A D A 
 C U L V
 E
 R




                     AN OVERVIEW OF HOW THE BLM MAKES DECISIONS
                           ABOUT USES OF OUR PUBLIC LANDS




                     Speak Your Mind And Be Heard
Editors Note: In an era when partisan politics seems to be driving                   In managing the public lands, the agency is re q u i red to
the decisions made by federal administrators, there is a tendency to            consider their many re s o u rces and values, recognizing that not all
discount the influence of an individual citizen on the workings of our          uses are appropriate in all places. The Santa Rosa National
government. A reminder is in order—that we each take personal                   Monument is pre s e rved for enjoyment of its natural beauty and
responsibility to fulfill the roles given to us by our laws.                    should not be an appropriate place for a gravel pit. Similarly the




T
                                                                                greatest possible economic re t u rn need not be the overriding
               he Bureau of Land Management (BLM) oversees                      factor in a decision. For example, the BLM can protect ancient
               approximately 261 million acres of our public lands              pictographs by closing an area to oil and gas development - decid-
               and is the primary landholder in the California                  ing that protecting history is as valuable as the rental fees and
               desert. The BLM decides what kind of uses can be                 royalties that the government might otherwise be paid. The BLM
made of those lands - and when and how those uses occur.                        is also re q u i red to minimize harm to natural, environmental,
   BLM’s land use decisions are framed by two major laws: The                   scientific, cultural and other re s o u rces and values (including fish
Federal Land Policy and Management Act of 1976 (FLPMA)                          and wildlife habitat). In order to fulfill all these responsibilities,
tells the BLM how to manage the vast opportunities on the                       FLPMA re q u i res the BLM to keep an inventory of the re s o u rc e s
public lands, ranging from wilderness to recreation to grazing to               of the public lands and, with public involvement, to develop
oil and gas development. The National Environmental Policy                      re s o u rce management plans to set out the management appro a c h .
Act (NEPA), enacted in 1969, ensures that all federal agencies                       NEPA guides the manner in which the BLM makes decisions,
make decisions with an “understanding of environmental                          by requiring that, prior to approving an action, the BLM must
consequences and take actions that protect, restore, and enhance                assess its environmental impact. BLM carries out its FLPMA
the environment.” Together, these two laws set out the reasons                  responsibilities by also looking at how its management decisions
that BLM makes decisions and the way that it makes them.                        will affect the environment.
   BLM’s decisions are made in two main types of documents: land                     In order to ensure that the BLM takes a “hard look” at the
use management plans known as re s o u rce management plans                     possible environmental consequences of its decisions, NEPA sets
(RMPs), and activity or implementation level decisions. The                     out a process for the agency to follow – looking at the direct,
agency’s legal obligations come into play in all decisions, but the             indirect and cumulative impacts of a proposed action. Using the
amount of public involvement in decision-making and the room to                 example of a road, the “direct” impacts would be the ground
change management decisions varies depending upon the situation.                                                                   continued on page 10

Legal framework:
    BLM’s mandate for managing the public lands is set out in
FLPMA. FLPMA requires the BLM to manage the public lands
under the principles of multiple use and sustained yield.
“Multiple uses” include recreation, grazing, timber, oil and gas,
watersheds, fish and wildlife, and natural, scenic, scien-
tific and historical values. “Sustained yield” means
that the BLM is supposed to ensure that
the lands can continue to support
these many uses for future
generations.




                                                                                                                    A major project - EIS required



                                                         DESERT REPORT JUNE 15, 2007                                     {   3}
B Y 
 D R . 
 C A M E R O N 
 B A
 R
 R
 O W S , 
 P H . D .




                                                        COACHELLA VALLEY



      Balancing Economic &
     Ecological Sustainability



T
                 he first Habitat Conservation                                                                    Identifying the carrot
                 Plan (HCP), designed and                                                                    Areas to be protected were identified based
                 implemented after such plans                                                              on whether there were intact ecological
                 were authorized by a 1982                                                                 processes to maintain sand movement into
amendment to the 1973 Endangered                                                                           the existing dune habitat. Areas where those
Species Act, was for the Coachella Valley                                                                  processes had already been blocked were
fringe-toed lizard, a species restricted to the                                                            destined to become unoccupied piles of sand
remaining sand dunes of that region. The                                                                   (from the standpoint of sand dune endemic
Coachella Valley plan’s participants includ-                                                               species). The potential development of
ed multiple cities (9), a county (Riverside),                                                              those areas where the ecological processes
multiple developers, and multiple conserva-                                                                were beyond repair became the “carrot” to
tion organizations. As such it laid the                                                                    maintain the interest and time donated to
groundwork for the complexity that would                                                                   this process by the local governments and
become the norm for virtually all HCPs that have followed.                           developers. The ultimate price tag was estimated to be $25
    The Coachella Valley HCP, signed in 1986, was the first to ask                   million—inexpensive by today’s standards, but pricey for conser-
those essential questions such as who would pay for land acquisi-                    vation in the early 1980s.
tion and management, and who would manage the protected                                  Initial Lizard Club negotiations ranged from having the fed-
lands. Due to the dynamic nature of the sand dune habitat it                         eral government pay for it all (“it is a federal law isn’t it?”) to hav-
aimed to protect, the Coachella Valley HCP was the first to                          ing the developers pay for it all (“we wouldn’t have a problem if
approach reserve design from an ecosystem, rather than from a                        not for those developers”). Ultimately, there was an acknowl-
more limited habitat, perspective.                                                   edgement that all parties would benefit, and so all would pay.
    A d d ressing questions posed by developing an ecosystem                             TNC applied their fund raising machine to the task and in
approach was a challenge for the self-named “Lizard Club,”                           fairly short order came up with $2 million. Then congressional
which included representatives from the California and Federal                       re p resentative, Al McCandless, squeezed $10 million from
wildlife agencies, local governments, developers, Building                           Congress. The California legislature came up with $1 million.
Industry Association (BIA), and two environmental groups, The                        The Bureau of Land Management, always land rich but cash
Nature Conservancy (TNC) and the Coachella Valley Ecological
Reserve Committee--a group made up of scientists associated
                                                                                     Coachella valley fringe-toed lizard: threatened but surviving
with U.C. Riverside--as well as local environmentalists.



Coachella Valley HCP                                                                                       Independent research con-           Planning begins for the
                                                                        San Bruno Mountain HCP             firms essential ecosystem           Coachella Valley Multiple
President Richard Nixon signs       Congress amends the ESA to          signed. Coachella Va l l e y       processes were not ade-             Species HCP.
the Endangered Species A c t        authorize HCP’s under Section       fringe-toed lizard HCP             q u ately protected under the
into federal law.                   10 (a)(1)(A).                       planning begins in earnest.        lizard HCP design.

 1973                                 1980           1982           1983                   1986                                               1993 1994

 Planning process begins to create a            Coachella Valley fringe-toed                      Coachella Valley fringe-toed lizard HCP signed, c r e ating the
 Habitat Conservation Plan (HCP) for the        lizard listed as federally                        Coachella Valley Preserve system comprised of three separate
 San Bruno Mountain blue butterfly.             threatened, State of California                   conserv ation areas: 1) W h i t e w ater Floodplain Preserve; 2) Edom
                                                listed it as endangered.                          H i l l - W i l l ow Hole Preserve; and 3) Thousand Palms Preserve.

                     {   4}                                  DESERT REPORT JUNE 15, 2007
poor, came up with a land-trade arrangement that ultimately                      Lessons learned
contributed $5 million. The balance ($7 million and counting)                        As to be expected in any early effort at a new way to approach
came from developer mitigation fees set at $600/acre of                          conservation, there have been problems. Despite the ecosystem
graded land.                                                                     approach in the HCP design, entire ecosystems were not includ-
   Land acquisition was accomplished through willing-seller,                     ed in lands to be preserved and acquired. Those lands which were
fair market value transactions. The protected lands formed a                     not included (sand sources and transport corridors, via floods and
patchwork of ownerships that included a Federal National                         wind) were deemed in 1986 to be “not in the path of develop-
Wildlife Refuge, a California Department of Fish and Game                        ment” and the ecological processes could be maintained via low-
Ecological Reserve, a Bureau of Land Management Area of                          density zoning.
Critical Environmental Concern, California State Park lands,                         Including the additional lands could have doubled the cost of
TNC owned lands, and, more recently, lands owned by the                          the HCP and that threat may have kept it from being complet-
Center for Natural Lands Management, the Coachella                               ed. Of the two primary sand source-corridor regions that were
Mountains Conservancy, and a local non-profit, Friends of the                    not acquired, one was optioned by a developer in 2000 to build a
Desert Mountains.                                                                new 12 golf course, 7,000 home community. The zoning in por-
                                                                                 tions of the other was increased over time to allow projects that
Land ownership quilt                                                             could block all sand movement.
    With such a laundry list of land owners, who would be desig-                     If either sand transport process was blocked, the chance of
nated as the land manager? Every landowner managing their                        local extinctions would become very real. To resolve these prob-
lands independently would be the height of inefficiency and                      lems a new, Multiple Species HCP (MSHCP) planning effort
would add to the cost of implementing the HCP.                                   was initiated in 1994. With mounting pressure from enviro n m e n-
    Having one agency manage another’s land was unheard of,                      tal groups such as the Sierra Club, the owner of those lands that
against policy, and possibly illegal. The Lizard Club wrestled                   were destined to become that new 12 golf course community
with this issue and came up with another winning solution. The                   became a willing seller to a partnership of TNC, the Coachella
land ownership quilt would be managed by a committee made up                     Valley Mountains Conservancy, State Parks, the Department of Fish
of all land owners, and the day-to-day activities would be coordi-               and Game, and the Coachella Valley Association of Governments.
nated by a non-profit land manager. Originally, the non-profit                       About 50% that second sand corridor has been acquired for
land manager was TNC, but they have since opted to move their                    conservation as well. An important lesson learned here is that if
attention to other pressing conservation efforts and were                        protecting ecosystems processes is important--and it is--then the
replaced by the Center for Natural Lands Management. The                         needed lands must be acquired.
result has been nearly seamless management (with respect to land                     Another lesson learned is that when it comes to protecting
ownership and time) and an on-site land manager who is com-                      ecosystem processes, project-by-project mitigation doesn’t work.
pletely dedicated to the single, albeit complex, task of making the              Despite their critical importance, process corridors are often not
HCP a success.                                                                   occupied by threatened or endangered species and so lack the
    By most criteria the first HCP has been a success. The lands                 “stick” to require sufficient mitigation to offset the impacts of
originally designated to be preserved have essentially all been                  proposed developments. The only current tool for insuring that
acquired. Tens of thousands of visitors come to the Thousand                     those processes remain intact--and that overall fragmentation is
Palms Canyon visitor center annually for hiking, photography,                    minimized--is through the regional planning that HCPs allow
painting, picnicking, and nature appreciation. The Coachella                     and require.
Valley continues to be one of the fastest growing and prosperous                     The new MSHCP will protect about 240,000 additional acres
regions of the state and the nation.                                             (the original HCP focused on 13,000 acres) and will include
    The HCP management has continued to foster a level of                        peninsular bighorn sheep, desert tortoises, desert riparian birds,
cooperation that is a model for cooperative ventures elsewhere.                  and burrowing owls along with a suite of species restricted to the
Perhaps most importantly the Coachella Valley fringe-toed lizard                 sand dunes of the Coachella Valley.
still occurs and generally thrives on each of the three “preserves”                  C o n s e rvation in the Coachella Valley has been able to maintain
that were established. The lizards have since disappeared from all               the support of major developers, the BIA and most local politi-
those lands where sand processes were blocked, even in areas                     cians. When asked whether the BIA would support a renewed
where the lands remain undeveloped.                                              c o n s e rv
                                                                                            ation initiative, then Director Ed Kibbey replied that “we
                                                                                 have invested too much money in this eff o rt to have it fail now.”
                                                                                 The proposed MSHCP will be available for public review in the
                                                                                 spring of 2007 and will hopefully be signed by fall.
“Joshua Hills” development              The city of Desert Hot Springs rejects
proposed that would block sand          the Multiple Species HCP resulting in    Dr. Cameron Barrows, Ph.D. served as the first Manager of the
processes and wildlife corridors        an HCP re-design that excludes that      Coachella Valley Preserve System from 1986 through 2006. During
between the Thousand Pa l m s           city, removing them from the protec-     that time he worked for both The Nature Conservancy and the Center
Preserve and Joshua National Pa r k .   tions and benefits that HCP’s provide.
                                                                                 for Natural Lands Management. He currently holds an Assistant
                                                                                 R e s e a r ch Ecologist position with U. C. R i ve rs i d e ’s Center for
  2000                           2005            2006            2007
                                                                                 Conservation Biology. His research focus uses many of the insights and
A conservation coalition purchases           A final vote for the Coachella      data collected on the sand dunes to develop meaningful and responsive
the nearly 9,000 acres where the             Valley Multiple Species Habitat     measures of whether species are at risk of extinction.
Joshua Hills development was planned.        Conservation Plan is expected
                                             in the Fall of 2007.

                                                                 DESERT REPORT JUNE 15, 2007                                {   5}
BY
 DAN
 RANDOLPH




                                            GREAT BASIN MINE WATCH



                              Mercury Emissions From
                               Mines Under Pressure
G
                 reat Basin Mine Watch’s campaign to reduce the
                 mercury air emissions from Nevada’s precious
                 metal mines has succeeded in putting increasing
                 levels of pressure on both the mines and the
Nevada Division of Environmental Protection (NDEP).
Working in collaboration with Earthworks, Idaho Conservation
League, and Western Shoshone Defense Project, GBMW has
had significant success during the past year.

New regulations
   In March of 2006 NDEP passed the first regulations in the
nation regarding mercury emissions from mines. While the
regulations are significantly flawed, they none-the-less are a step
forward. The regulations are focused exclusively on the point-
source (exhaust pipes) emissions from the many various roasters,
autoclaves, and other equipment used during the gold and silver
milling process. They also focus on the installation of control
technology, rather than on specific amounts of mercury emis-
sions or reductions in emissions.                                      Ore roaster and mercury source
   GBMW and its allies had argued throughout the rulemaking
process that additional regulations were needed as well. Core          Sportsmen’s Group, Nevada Nurses Association, Western
arguments were that specific reduction goals must be set, that         Shoshone Defense Project, Great Basin Institute, Institute for
“fugitive” or non-point-source emissions must be included, and         Children’s Environmental Health, Earthworks, and Oxfam
that the amount of testing and monitoring of emissions in the          America, GBMW wrote a letter to the Nevada State Health
current regulations are woefully inadequate. Currently, the mines      Division requesting that it conduct fish tissue sampling to deter-
conduct only a single emissions test per year. This is despite the     mine the safety of Nevada’s sports fish for human consumption.
huge uncertainties inherent in how the many new control                The letter referred to tests conducted during the summer, which
technologies being used at the mines are affected by operational       showed high levels of mercury in fish from northeast Nevada.
variations. There is no monitoring of merc u ry in the air             The Associated Press story on this letter was picked up by over
surrounding the mines included at all.                                 50 newspapers around the nation, as well as internationally.
                                                                          The new year began with a major story in the Reno Gazette-
Reports and media                                                      Journal “Group calls for scrutiny of mercury emissions” (1-3-07),
    In August GBMW, Idaho Conservation League, and                     which was followed the next day by an editorial “Strong reasons to
Earthworks released two reports. One focused on three mines            regulate emissions”. Then in mid-February a University of Reno,
which were clearly underreporting their mercury releases, as           Nevada, (UNR) study was released. The study revealed atmos-
required by law. The second highlighted the dramatic increases         pheric air concentrations of mercury around several Nevada
in reported emissions from two other mines. Together these             mines that were much higher than concentrations in the air away
re p o rts brought attention to the lack of solid information          from the mines. The study, which was conducted by Patrick
regarding the actual releases from mines, a serious problem even       Joyce and Dr. Glenn Miller, was covered in a Las Vegas Sun
now. In addition, the reports reflected the weakness in the            article “Nevada’s Gold Diggers Mucking Up the Air”. The story and
argument utilized by NDEP that the older voluntary program             study got widespread attention, and the debate heated up.
had reduced emissions by 82%, when clearly no one knows the               In addition, in February, the Nevada Department of Wildlife
current emissions, much less the unregulated emissions.                came out with fish consumption advisories for many rivers, lakes,
    In December, working with a coalition that included Orsmby         and reservoirs in the state. The data released with the advisories

                    {   6}                             DESERT REPORT JUNE 15, 2007
w e re very similar to what was found in the small study                   We (GBMW) are hoping that the Nevada Division of
conducted by UNR in the summer of 2006. Confirming the real            Environmental Protection utilizes the new staff to increase the
threat to Nevada’s fish, as well as the angling community, it was      testing and monitoring of mercury emissions, verifies that the
now clear that there was a need for real action.                       controls that are in place or are being installed work as designed,
                                                                       and that major reductions in emissions are achieved.
On to the legislature                                                      We (GBMW) will be encouraging the Nevada Division of
   With the issue of mercury being constantly highlighted in the       Health to revise the fish consumption advisories. Currently there
media, and the mining industry feeling a lot of pressure to act,       are only advisories for fish species and locations with levels of
the action moved to the Nevada State Legislature.                      mercury above 1 part per million, while the EPA suggests
   Working with Assemblywoman Sheila Leslie (D-Reno),                  advisories for vulnerable populations (women of childbearing
GBMW had introduced Assembly Bill 115, which called for four           age, and young children) be enacted at mercury levels of 0.3 parts
changes to the states regulations.                                     per million, a threefold difference.
   1. Updating Worker Safety Regulations at precious metal                 In addition, we will begin to look at other sources of mercury
mines. The current regulations were drafted in the early 1970’s        emissions in the state, continue to push the mines to fully report
and aimed specifically at mercury mines. The need for revision         their emissions as well as reduce them as much as possible, and
was clear.                                                             bring more public pressure on the state to fully protect Nevada’s
   2. Additional testing of the “smoke stack” point sources,           air, water, fish and people from mercury pollution.
which under current regulations need only be tested once a year.
   3. Monitoring of mercury in the air surrounding the mines           1872 reform on the move
themselves. This is completely absent in the current regulations.         By the time this goes to the press, we (GBMW) expect a
   4. An increase in fees from the mines to pay for the                reform of the antiquated 1872 General Mining Law to be intro-
additional staff needs that these changes would require, as well as    duced in the House of Representatives. The 1872 Mining Law
supporting additional research into the issues.                        governs precious mineral development, such as gold, silver,
   Assemblywoman Leslie introduced AB 115, and then con-               copper, and uranium, on public lands. The law has remained
vened a meeting of all the interested parties. Through her lead-       essentially unchanged since it was passed in 1872 as a means of
ership, a compromise was reached which would do three things:          “opening” the west to development.
   1. Revise the Worker Safety Regulations through a Division of          The reform will be introduced by Representative Nick Rahall
Industrial Relations rulemaking process.                               (D-WV), a long time advocate for reforming the law. Key
   2. Add two additional staff positions to the Bureau of Air          provisions are expected to include:
Pollution Control’s mercury program.                                   • The ability of public land managers (BLM and Forest Service
   3. Increase the fees from the mines to pay for the                  primarily) to use their discretion on whether a proposed mine is
additional staff.                                                      appropriate; the ability to say no to a mine.
   At this point AB 115 has passed through the Assembly                • Water protections.
Commerce and Industry Committee unanimously, with the sup-             • Strengthened mine reclamation and closure bonding.
port of the Nevada Mining Association, Newmont, Barrick, the           • A royalty paid to the US government on minerals produced.
Governor’s office, and allies in the Legislature, Progressive          Currently there are no such royalties.
Leadership Alliance of Nevada, Sierra Club, and Nevada                    Western state Representatives and Senators will be key to
Conservation League. GBMW is hopeful that the bill will pass           the success of the reform effort. Please contact your
through the rest of the legislative process and be signed into law     representatives and urge them to join Representative Rahall in
by the Governor.                                                       this important work.

Next steps                                                             Dan Randolph, c u r rently Exe c u t i ve Director of Great Basin
   While AB 115, the fish consumption advisories, and the              Minewatch, has worked on mining, oil and gas, and coal issues
widespread acknowledgement of the problem are all major steps          with various conservation organizations since 1995. He resides in
forward, there are still issues that are in need of attention.         Reno, Nevada.




Billboard outside Reno, Nevada



                                                       DESERT REPORT JUNE 15, 2007                            {   7}
BY 
 C RA IG 
 D EU TSC HE




                                     ACCIDENTAL ENVIRONMENTALISTS



                        Little People
                      Who Do Big Things



T
                 his is not a story about environmentalists: These       federal agencies that hold responsibility.
                 are citizens. The issues with which they have               Sixteen miles north of Walters Camp, a waterway through the
                 become involved are waste disposal, housing             town of Palo Verde had also become shallow, non-navigable, and
                 development, and resource management, all com-          had acquired an elevated coliform bacterial count that made
plicated issues with many sides, but all impacting desert commu-         swimming unacceptable and fishing questionable. Within a mile
nities. Each of the following persons saw a problem looming for          of his home, the appearance of an immense trailer park seemed
their community, and each was unwilling to accept what seemed            probable, and as in all parts of the desert, problems of trash,
inevitable. In the process these persons acquired the label “envi-       dumping, and off-road vehicle damage were escalating.
ronmentalist,” but this was accidental. Their names are not the              Gary has been involved for years in protests, in formal nego-
real story. It is the lesson they teach about community involve-         tiations, and more recently in court actions with the federal reg-
ment that we need to remember.                                           ulatory agencies. Funding for publicity and legal assistance has
                                                                         been a matter of many solicitations from neighbors up and down
A sleepy river town                                                      the river and from NGO’s that make environmental grants.
    I first met Gary Niles while visiting a proposed site for wind       Organization of the rural communities for letter writing, public
turbine development in Imperial County. Gary, however, had               comments, and court testimony has become a constant in his life.
come to speak about environmental protections for a short                Most recently Gary has been the producer of a video showing
stretch of the lower Colorado River. Who has ever heard of the           conditions along the waterways. Beyond its documentary value,
town of Palo Verde, or for that matter, Walters Camp? These              the video will be submitted to the court in support of the asser-
                                    places were his concern,             tion that the Bureau of Reclamation has not fulfilled its legal
                                    although it would be several         obligations. These are new endeavors for a former Navy pilot.
                                    years before their problems          The goal is the protection of an environmental resource for res-
                                    would become public. [Desert         idents and for future visitors.
                                    Report, June 15, 2006]
                                       Gary finished college with        The desert is not a dump
                                    some training as a mechanical            Eight miles west of Barstow is Hinkley, California. It is a
                                    engineer but with a degree in        place, not even a town, but it was where Norman Diaz visited his
                                    economics. After six years as a      family’s ranch while growing up and where he and his wife now
                                    Navy pilot, he took a job            live. Their quiet life changed a year ago with a newspaper report
                                    working for a large industrial       of a proposed facility to process sewage sludge for San
                                    firm. During this period he          Bernardino and Riverside Counties. This was the beginning of a
                                    bought a small riverbank lot         journey to learn the ways of local government.
                                    on a side channel of the                 The proposed facility would compost sewage sludge on an
 Gary Niles                         Colorado River - between             open field, half a mile square. Sludge is the semi-solid material
                                    Blythe, CA, and Yuma, AZ.            that remains after water has been reclaimed from the municipal
This was one of thirteen parcels in the Tamarack Lagoon                  sewage stream. Over 178 truck loads a day would be delivered
Subdivision. It was a quiet place with a slower life away from the       along the local, gravel roads; the material would be mixed with
city. The original river channel had narrowed, filled with silt, and     green waste to aid the decomposition; this mixture would be
become choked with weeds, in spite of its designation as a navi-         turned over by tractors regularly. In an area with some of the
gable waterway and assurances in federal law that it would be            highest wind velocities in California, questions about particulate
maintained as such. This was the beginning of a twenty year              matter, bacterial contamination, invasive weed seeds, odors, and
involvement with land and water management issues and the                even ground water contamination come to mind. These concerns


                      {   8}                           DESERT REPORT JUNE 15, 2007
were heightened by the fact that company applying for the per-          ment was part-time, but following her decision to take a year’s
mit, Nursery Products LLC, was evicted from a similar (but              leave, she began working with SRVA nearly full time, distributing
much smaller) operation in Adelanto, California, and was denied         lemonade and factoids to hikers on the Mt. Whitney trail and
a related permit in Newbury Springs. Some account of the pro-           launching new fundraising and publicity campaigns, both of
posal in Hinkley has appeared previously in the Desert Report           which she knew little about before the effort started. I asked why
(Current Issues in Dec. 15, 2006, and Mar. 15, 2007). Efforts           she had chosen to invest so much time in this project despite the
which Norman has made on behalf of the local community also             fact that she makes no claim to being an environmentalist. Her
appear in these accounts.                                               reply is both an inspiration and a lesson:
   Few persons are aware of the regional Air Quality Control                “I think at some basic level I have a sense of this area (the eastern
Districts located throughout California, and few are aware of the       Sierra) and particularly that place (the Mt. Whitney viewshed) as a
authority of the regional Water Quality Boards. Norman                  sacred place that should be taken care of. It’s a completely intuitive sense
appeared before these boards and petitioned them to investigate         - I go there and I feel humbled and awed and relieved for no reason
                                    the environmental and health        other than that it’s beautiful and it feels like home to me. This area has
                                    consequences of the proposed        also been an important source of grounding for me during my time in
                                    facility. This was new territory    school, where people tend to forget about where they are, work incessant-
                                    for a person who made a living      ly, and lose sight of what’s most important to them. I also have layers of
                                    finding and arranging sites for     memories embedded on this place - running and climbing and identify-
                                    video and advertising firms to      ing plants and taking pictures and playing in the snow and spending
                                    conduct their photography.          time with friends. In a sense, I feel like this place is part of me, my iden-
                                    Eventually this involvement                                                  tity, and there f o re all of the
                                    forced Norman to significant-                                                defense mechanisms that kick in
                                    ly cut back on his business                                                  when I’m endangered also apply
                                    endeavors. While other citi-                                                 here—the two are intertwined.
                                    zens have assisted, ultimately                                                 “When my mom told me that a
                                    it was Norman who brought                                                    housing development was going to
                                    them into the campaign.                                                      be built alongside Whitney Portal
Norman Diaz                           W h e re does this all lead?                                               Road, I had an immediate sense
                                    Norman is very clear that his                                                that I needed to do something to
concern is no longer about the particular project near his home.                                                 protest it, mostly because I know
If a permit is ultimately denied, then other operators will apply                                                the politics of Lone Pine well
for permits near other towns where less public involvement is                                                    enough that I was pretty sure that
expected. The hope that Norman expresses is that the public                                                      if I didn’t do something, no one
agencies which regulate environmental and health concerns will                                                   else would. So, there’s that too--
establish standards for responsible waste disposal to be met in the     Christine Hancock                        the sense of responsibility that
future. If this happens then others may be spared some of the tur-                                               comes with the privilege of hav-
moil which has changed Norman’s life.                                   ing the skills and education to be able to step outside the day-to-day acts
                                                                        of living from time to time and look around.
Private homes and a public view                                             “And finally, there is the question of precedents - I’m very fearful
   Mount Whitney, portrayed in many pictures, is known all over         that if this development goes in, other places in the general vicinity that
the country. The nearby town of Lone Pine, California, is prob-         also hold special meaning for me will also be at risk. In my mind, this
ably familiar to only the few who drive through this rural area. It     case is a sort of landmark that will guide the course of development in
was truly a shock to Christine Hancock when she learned that a          the region for many years to come.”
housing development was planned at the foot of this mountain                We all have an investment in our futures.
where she had grown up. (Current Issues section in Desert Report,
Dec. 15, 2006) At the time Christine was home on vacation from          Craig Deutsche is publisher and managing editor of Desert Report.
medical school at the University of California, San Francisco.
   In the two years that followed, Christine organized citizens
throughout the Eastern Sierra area to protest the project to the
Inyo County Board of Supervisors. The goal was not to stop              REACHING YOUR SENATE OR HOUSE MEMBER
development but rather to create a plan that would preserve the
view while still allowing growth for the town. When county
                                                                        Snail mail letters can take up to three weeks to get through. If your
approval was given for the original development plan, another           contact is time critical, it is best to use faxes and even email.
community group was enlisted in the campaign, the Save Round
Valley Association (SRVA), which had previously been active far-        All Senate and House offices can be reached at 202 224-3121. Ask for the
ther to the north in Bishop. Ultimately lawsuits have challenged        office you want to contact and then ask that office for their fax or email
the process by which decisions were made. Most recently the             address.
Bureau of Land Management has initiated a planning process for
the nearby Alabama Hills Recreational Area which surrounds the
                                                                        Boxer
                                                                        Feinstein
                                                                                                      california
                                                                                      senator@boxer.senate.gov  Fax (202) 228-1338
                                                                                      senator@feinstein.senate.gov
                                                                                                                Fax (202) 228-3954

                                                                                                      nevada
proposed development. Planning for the entire southern end of
the Owens Valley is becoming a public issue.                            Reid          senator@reid.senate.gov   Fax (202) 224-7327
   In her first two years of medical school Christine’s involve-        Ensign        senator@ensign.senate.gov Fax (202) 228-2193


                                                        DESERT REPORT JUNE 15, 2007                                  {   9}
How The BLM Makes Decisions About Uses Of Our Public Lands
continued from page 3                                                       cumulative impacts of the specific activities under consideration.
disturbed by the road, the “indirect” impacts could include the                When the potential impacts of a proposed action are likely to
fragmentation (or dividing into smaller areas) of wildlife habitat,         be significant, such as a proposal to develop an extensive wind
and the “cumulative” impacts could include the air pollution                energy project, the BLM will prepare an EIS. In this case the
from the emissions of many cars driving on the road.                        agency will provide the opportunities for comment that have
     NEPA requires the BLM to take opportunities to encourage               already been described. If the agency believes that the impacts
effective public participation, generally by notifying the public of        will not be significant, such as a drilling permit for a single well
pending decisions, and giving the public a chance to review and             or the restoration of an illegal road to a more natural condition,
comment before the decision is made. The NEPA documents are                 then an EA is prepared. The BLM may follow many of the same
an environmental impact statement (EIS) and a shorter environ-              steps used in the more extensive EIS, but it is not obligated to do
mental assessment (EA). When a major federal action is likely to            so. The agency can decide not to give the public an opportunity
“significantly” affect the environment, then an EIS is prepared.            to review and comment on an EA, so that the only remedy would
The significance of an action’s effects is based on the context of          be a formal legal challenge. Generally, where there is scientific or
its effects (how great an area can be affected, in the short term           public controversy surrounding a decision, the proposed action is
and over the long term) and the intensity of those effects (how             unusual or could set a precedent, or the type of action is one
severe the impact might be). Where a proposed action may not                where an EIS might be prepared, then the BLM is supposed to
be significant, an EA is prepared.                                          give the public an opportunity to review and comment.
     For an EIS, the BLM must schedule a public comment period
on a draft for at least 45 days, formally respond to the public             Challenges of multiple use and guarantee of environmental analysis
comments, and then provide a 30-day review and protest period.                 While the required and actual steps taken in the EIS and EA
For an EA, the BLM has discretion on whether to schedule                    processes may differ, their goals are the same (to consider the
comments on a proposed “Finding of No Significant Impact,” and              potential environmental effects of a decision, as well as ways to
the comment period need only be 30 days. In this case there is no           avoid or lessen those effects), and the BLM carries them out in
f o rmal requirement for responding to comments, and there is no            the context of the management approach defined by FLPMA.
p rotest period. In either case, the BLM is re q u i red to look at a          The multiple use mandate presents the agency with challenges
range of alternatives, so that different options and their effects are      in trying to balance its decisions to support the many uses of the
considered and the best option, in terms of both management goals           public lands. The presence of potential environmental impacts on
and environmental consequences, can be selected. The number and             resources such as natural beauty may not ultimately result in a
types of alternatives considered are generally greater in an EIS.           decision to prohibit the development or use of other resources,
                                                                            such as oil and gas development. Nonetheless, where the agency
Land use decisions:                                                         has determined that protection of values such as fish or wildlife
    RMP’s are developed to guide management of a defined area               habitat is the best use of the land, other possibilities, such as off-
of public lands, often millions of acres, for a period of 15 to 20          road vehicle use, may be limited or prohibited.
years, and they set out decisions at a broad level. An RMP iden-               In the course of trying to balance these uses and simultane-
tifies appropriate uses for areas (such as those open to grazing or         ously preserve them for future generations, the BLM and the
closed to use of off-road vehicles), directs how uses occur (such           public are well-served by the guarantee that land use decisions are
as specifying ore recovery methods permitted in a mining opera-             made only after thorough consideration of possible consequences
tion), and sets boundaries for future uses (such as how many wind           and alternatives and with maximum public input.
turbines may be installed in an approved area). RMP’s are devel-
oped with an EIS and often take many years to complete, because             Nada Culver is Senior Counsel in The Wilderness Society’s Public
they involve so many decisions over a large area. RMP’s also pro-           Lands Campaign. She works in The Wilderness Society’s BLM Action
vide numerous opportunities for public involvement -- at the ini-           Center, which provides tools and trainings to help citizens participate in
tial “scoping” period when the public can identify issues that they         the land use planning process.
would like the BLM to consider in the plan, upon publication of
the Draft RMP, and upon publication of the final Proposed RMP.
    After the RMP is completed, the BLM still must consider
e n v i ronmental impacts of proposed actions, because the potential
consequences of a specific action (such as a proposal to pave a
c e rtain road or to renew a grazing allotment) will not have been
c o n s i d e red in depth in the RMP. The BLM’s actions in consider-
ing specific proposals (either for agency action, such as
c o n s t ructing a fence, or by third parties, such as testing wind
velocities) are often re f e rred to as implementation or activity level
decisions. In making these decisions, the BLM must be consistent
with the RMP (so that, for instance, a new ORV trail cannot be
c reated in an area that is closed to off - road vehicle use). Always the
                                                                            A fence to protect wilderness - EA required
BLM must comply with NEPA to look at the direct, indirect and

                      {   10 }                              DESERT REPORT JUNE 15, 2007
CURRENT ISSUES
$100 Million Mesquite Landfill                                                     deserts of southern California. Although there are many qualifications, one
Moving Forward                                                                     possible result is that if a state does not process an application for
  Imperial County may allow garbage from L.A. to be transported by truck           construction of an energy transmission facility sufficiently quickly, the
rather than by rail to the site of the old Mesquite Mine under a Conditional       Federal Energy Regulatory Commission may consider whether to issue a
Use Permit. The original EIR for this Imperial County landfill had stipulated      permit and to then authorize the construction of the facility. The conse-
that the trash would be moved to the County over rail. A new EIR should            quences of such an action are far reaching, difficult to predict, and may be
be required for this project because of the huge potential impact of truck         undesirable from a number of viewpoints.
traffic. These impacts include impaired air quality, noise and dust and traffic      A rather extensive website has been established which describes and
in the roadside communities, impacts to the North Algodones Dunes                  summarizes the import of the Federal Power Act and addresses frequently
Wilderness, and increased traffic in the area of highway 78 already congested      asked questions. This is important material: http://nietc.anl.gov.
by ORV traffic—especially from October through April. Between 4,000 and
20,000 tons of solid waste would be transported each day. Calls should be
made to Imperial County supervisors requesting a new EIR for this                  Proposed Geothermal
changed project.                                                                   Development In Ocotillo Wells
                                                                                   State Park, Imperial County
                                                                                     Comments on the Draft EIS on the potential development of Geothermal
Evaluating Wind-Energy                                                             Energy in the Truckhaven area of Imperial County were due April 30, 2007.
Proposals                                                                          This project would include 14,000 acres of land north of highway 78, south
  A committee of the National Research Council has released a report titled        of S-22, and west of highway 86 within the State Vehicular Recreation
“Environmental Impacts of Wind- Energy Projects.” This report documents            Area. There are many potential impacts to other cultural sites, plants, ani-
the increased use of wind energy in the United States; it outlines the             mals, view sheds and recreation from the ground disturbance of drilling
environmental benefits of this energy source; and it also highlights the           test wells, pads, roads and truck traffic, and from other geothermal ener-
potentially negative environmental impacts that are also associated with           gy-generating infrastructure including the building of power plants. The
these developments. Included in the report are recommendations for                 entire area is rich in cultural sites and cultural surveys of the area have not
e v a l u ating wind-energy projects. The list of elements to be considered is     been completed, risking loss of sites not yet discovered and documented.
extensive, and among the concerns are (1) impacts to wildlife, (2) human           Part of this area falls into the Flat-tailed Horned Lizard Research Area. The
health and well-being, (3) aesthetic values, (4) economic impacts, (5) and         Ocotillo Wells State Park archaeologist’s comments urge the BLM El Centro
c u m u l ative effects in combination with other wind projects and still other    to choose the “no-action” alternative. Public environmental review and
kinds of energy production facilities. The report emphasizes the importance        input will take place for each of the individual leases in the area if they are
of including public input into the permitting process by for these projects.       approved by the BLM for exploration and development. Mitigation of impacts
  Given the scope of these energy projects, it is incumbent upon legislat o r s,   would be included in all developments. Call or email Te r ry Weiner for more
regulators, and the public to understand the implications of decisions made        information: (619) 342-5524 or terryweiner@sbcglobal.net. You can view the
about these facilities. A very understandable summary of this report is            document on line: http://www.blm.gov/ca/elcentro.
available at : http://dels.nas.edu/dels/rpt_briefs/wind_energy_final.pdf.


                                                                                   Eastern San Diego County
Are We A National Interest                                                         Draft Resource Management
Electric Transmission                                                              Plan And Draft EIS
Corridor?                                                                            This planning area contains 103,303 acres of public land ranging from
  The Federal Power Act (created by the Energy Policy Act of 2005) permits         pine forests to palm oases and high desert. The planning area includes
the Department of Energy to designate geographic areas within the United           Table Mountain and the Jacumba Wilderness as well as several Wilderness
States where electric transmission congestion or constraints adversely             Study Areas. This resource management plan update is 20 plus years
affect consumers. One of the two identified areas includes most of the                                                                      continued on page 13


                                                                 DESERT REPORT JUNE 15, 2007                                     {   11 }
B Y 
 E D W I N A 
 A L L E N 
 and C
 L
 A Y
 T O N 
 D A U
 G
 H
 E
 N
 B A U
 G
 H




                         Sierra Club Works To Protect
                           The Owyhee Canyonlands

Editors Note: This article presents an alter-                                                             Idaho Guides and Outfitters, the Shoshone-
nate view to the one which appeared in the                                                                Paiute Tribes, and others-to craft a framework
p revious issue of the Desert Report. This                                                                for legislation. After six years of negotiation,
represents the official position of the Sierra                                                            education, and input from the public, Senator
Club concerning the Owyhee Initiative.                                                                    Crapo has now introduced the product of




P
                                                                                                          those deliberations.
               rotection of the Owyhee                                                                      The Owyhee Initiative Implementation Act,
               Canyonlands has been a pri-                                                                S 802, gives us an opportunity to safeguard
               ority for the Northern                                                                     many of these lands, now and forever. This
               Rockies Chapter and other                                                                  legislation will designate over 517,000 acres of
parts of the Sierra Club for over 25 years. Our local volunteers                     Wilderness and over 300 miles of Wild and Scenic Rivers. It
and staff have been on-the-ground and in the trenches fighting to                    requires implementation within three years of a travel manage-
protect these marvelous lands in every arena possible. We helped                     ment plan for the county that will restrict travel to designated
defeat huge Air Force bombing range expansions into areas now                        routes, and provide enforcement support. It will immediately
proposed for Wilderness. We have led outings, turned out                             make cross-country travel illegal. It will close 200 miles of motor-
hundreds of people at hearings and for rallies, gone door to door                    ized trails in areas designated as wilderness. It will eliminate over
and phone-banked in our communities and worked to educate                            18,000 AUM’s of grazing, including designation of 55,000 acres
the public and policy makers about these incredible canyons                          of wilderness that will not be grazed by livestock. It will provide
and rivers.
   The Owyhee Canyonlands of southwest Idaho are spectacular
high desert country. Vast stretches of what has been described as
“sagebrush sea” are abruptly cut by deep, sheer-walled river
canyons. This remote, biologically diverse area is home to
bighorn sheep, pronghorn antelope, sage grouse, red band trout,
raptors, and many other species. Public lands here provide
recreation, hunting, hiking, bird watching, and unparalleled
opportunities for solitude. But rapidly increasing off-road vehicle
abuse threatens to shatter the silence and tear up the fragile
landscape, creating a permanent scar on the land and embedding
a level of use that would be impossible to remove in the future.
Overgrazing of many areas also remains a challenge that will need
to be addressed as well.
   At the end of his term, President Clinton came very close to
designating an Owyhee National Monument. This was an
impetus for local people to work together to develop a solution
that would resolve their long-standing conflicts and protect the
land. In 2001 Senator Crapo (ID) agreed to support an open
                                                                                    Top: Owyhee county. Above: Owyhee river - potential
collaborative process among the various interest groups-environ-                    wilderness area
mentalists (including the Sierra Club), ranchers, Owyhee County,


                    {   12 }                                DESERT REPORT JUNE 15, 2007
protection for cultural resources. Providing further protection of
the wilderness, Owyhee County has agreed to initiate proceed-          Current Issues
ings to relinquish RS2477 assertions in the wilderness complex.
Combined, these provisions will scale back and restrict rapidly
expanding off-road vehicle damage and provide a positive prece-
dent for reducing damaging livestock grazing within wilderness          continued from page 11
designations. The Sierra Club volunteers and staff worked               overdue. Issues which the plan will address include conflicts between
hard to create public support for this protection and also
                                                                        motorized and non-motorized recreation, grazing impacts, protection of
engaged in the deliberations that led to the creation of this
protection package.                                                     sensitive natural and cultural resources including the bighorn sheep and
   It is not a perfect bill. Consequently, the Sierra Club, after       a number of other endangered plant and animal species, proposed energy
much consideration, has voted to give this legislation qualified
                                                                        developments and their impacts on visual resources. One of the most
support. We have identified some areas that we will seek to
improve as it moves through the legislative process.                    controversial items is the BLM proposal to change the classification of
   The legislation needs to designate river corridor boundaries         some areas, under the Visual Resource Management System, thereby
consistent with the Wild and Scenic Rivers Act. There needs to          opening up these unspoiled viewsheds to the possibility of placement of
be a fair and independent market appraisal of the private lands
(chosen for important ecological values) within Wilderness areas        industrial renewable energy infrastructure. Comments were due on the
that are proposed for exchange for less pristine BLM lands              draft for this plan by May 31st. When the comments have been
located nearer to developed areas. After years of building demand       reviewed, the final plan with alternatives for action will be published and
for protection for the remote and beautiful rivers, canyons, and
wild sagebrush uplands of Owyhee Canyonlands, we are now                available for public comment once again. A CD of the Draft RMP& EIS
working with Senator Crapo and Congress to seek these and other         can be obtained by calling BLM El Centro (760) 337-4400, or you can
i m p rovements in this legislation and to gain passage of S 802.       view the document on their web site http://www.blm.gov/ca/elcentro.

Edwina Allen is chair of the Northern Rockies Chapter. Clayton
Daughenbaugh is chair of Sierra Club National Wildlands Committee.
                                                                        Before You Build A Campfire In
    Proposed Wilderness Designations                                    The Desert
Proposed Wild and Scenic River Designations:                              Rising temperatures combined with dry vegetation has created
                                                                        significant fire hazard conditions throughout the California desert region.
    Recreational        Wild        Scenic
                                                                        On May 15 the Bureau of Land Management (BLM) implemented Stage I
                                                                        fire restrictions on all BLM-managed public lands within the California
                                                                        Desert District (CDD). These restrictions require a permit before building
                                                                        a campfire or using a barbeque. More stringent restrictions apply to
                                                                        some BLM-managed lands within Los Angeles, San Bernardino,
                                                                        Riverside, and San Diego counties. These Stage II level restrictions
                                                                        prohibit campfires and barbecues outside developed recreation sites.
                                                                        Controlled flame devices such as portable stoves are allowed by permit.
                                                                          For more information or to obtain a permit contact the BLM’s
                                                                        California Desert District Office at (951) 697-5200 or local field offices
                                                                        in Barstow (760) 252-6000, El Centro (760) 337-4400, Needles (760)
                                                                        326-7000, Palm Springs-South Coast (760) 251-4800 or Ridgecrest
                                                                        (760) 384-5400.
                                                OWYHEE
                                                COUNTY                  www.sierraclub.org/membership

                                                                        WHEN YOU JOIN the Sierra Club you will have the satisfaction of
                                                                        knowing that you are helping to preserve irreplaceable wildlands,
                                                                        save endangered and threatened wildlife, and protect this fragile
                                                                        environment we call home. You can be sure that your voice will be
                                                                        heard through congressional lobbying and grassroots action on the
The Owyhee initiative                                                   environmental issues that matter to you most.



                                                      DESERT REPORT JUNE 15, 2007                                  {   13 }
Fight Is On Against “Sunrise Powerlink”

                                                                                                                    Proposed Project
                                                                                                                    Alternate Routes


                                                                                                         The land areas indicated in the different
                                                                                                         shades of gray include state and
                                                                                                         county parks, wildlife preserves, federal
                                                                                                         wilderness areas, national forests, and
                                                                                                         Areas of Critical Environmental
                                                                                                         Concern—all public lands protected for
                                                                                                         their natural values.




continued from page 1                                                  considered for approval only after all opportunities for efficiency,
reasonably exceed existing demand when it’s needed most on hot         local renewables, and new local conventional generation have all
summer days.iv                                                         been exhausted.
• Dedicated expansion of solar energy production in San Diego
would reduce or eliminate the need for harmful transmission            In harms way
lines from the distant Imperial Valley. Dispersed local generation        The Powerlink poses an obvious and serious threat to the
would also reduce energy companies’ stampede to claim desert           natural environment, not to mention cultural, historical, and
land for giant industrial solar, geothermal and other renewable        other resources:
energy projects. A third benefit would be to put an important          • Many raptors such as hawks, owls, eagles, and migratory birds
dent in the region’s greenhouse gas emissions.                         are killed by electrocution when they land on or collide with high
• In 2010 a sweetheart energy transmission deal between Sempra         voltage wires or towers;
and the California Department of Water Resources will expire. It       • The Powerlink will provide a very long linear access route
dates from the manipulated California energy shortage a few            for the spread of exotic plants into many relatively pristine
years ago. The expiration will free significant capacity on an         natural areas;
existing high voltage line. The line, which also connects the          • Maintained Powerlink access roads will attract off-highway
Imperial Valley and San Diego, could be employed in the event          vehicle users with the usual accompanying resource damage
of a need for future transmission capacity.                            and noise;
   Indeed, California state law requires v (and SDG&E has prom-        • Transmission line construction, access roads, and maintenance
ised local San Diego governments) that new transmission lines be       will plague Peninsular bighorn sheep, threaten California gnat-

                   {   14 }                           DESERT REPORT JUNE 15, 2007
catchers and their coastal sage scrub, flatten Flat-tailed horned        the west. Scenic views from five other protected natural areas
lizards and Arroyo toads, scatter Southwestern willow flycatch-          would be marred by the preferred route. Alternative routes would
ers and Least Bell’s vireos, and harass Hermes copper butterflies.       harm more than a dozen other protected areas, including existing
    But few are aware of the project’s related, subtle yet enormous      and proposed wilderness areas of the Cleveland National Forest.
threat to people and property – wildfire. The Powerlink and its
corridor can be expected to become a major new source of                 Will the real Powerlink please stand up?
wildfire ignitions in a region that has already suffered too many            So why did SDG&E elect to ignore its agreements with San
disastrous conflagrations. In a sad irony, the Cedar Fire of 2003        Diego governments and insist on the state park route? And why
burned 273,000 acres, 2,200 homes, killed fourteen people, and           is it that the Powerlink consists of 500 kv lines from the Imperial
converted thousands of acres from native chaparral and sage              Substation pointing northwest to the middle of nowhere near
scrub to exotic grasslands along a swath closely tracking the            Warner Springs, with only two smaller power lines to San Diego?
western portion of the Powerlink route.                                      Many believe the answer lies in Sempra Energy’s existing and
    Transmission lines are frequently a direct cause of wildfire         planned Mexicali power plants, the Los Angeles megalopolis, and
when wires fall in high winds or aircraft collide with towers or         the distance to be bridged between them. Company documents
wires. New and improved roads along the Powerlink would open             reveal that the Powerlink is just phase one of a master plan by
remote areas to people who start fires, either deliberately or by        SDG&E and parent Sempra Energy to extend the larger 500 kv
accident. Critical time is lost when firefighters working near live      line north to Greater Los Angeles, likely as a means to expand the
transmission lines must wait for companies to shut down power            California market for imported cheap, polluting, fossil-fuel
so they can proceed. Firefighting aircraft must divert away from         power from Sempra plants and others in Mexico.
these areas because of collision danger even after the power is                                                          continued on page 17
turned off.
    Downed power lines in the San Diego backcountry started
two of the worst wildfires in California history, the Pines fire of
2002 and the Laguna fire of 1970. The Cedar fire taught us that
wildfires in the backcountry can become urban fires in a matter
of hours.
    The Powerlink would ultimately slice through some of the
most pristine desert, forest, and Mediterranean landscapes in the
state, marring miles of sublime views, drowning nature’s quiet
with an electric soulless hum, trashing cultural sites, and bisect-
ing popular recreation areas.

Parks provide path of least resistance
    Residential areas and communities will usually mount a
vigorous defense against giant new transmission lines near their
homes and businesses, so it is not surprising that the current
proposal (no pun intended) follows a path of least political
resistance. The proposed alignment passes through some of the
last undeveloped land in San Diego County – a myriad of parks
and preserves established to protect nature and provide a respite
for weary urbanites.
    Still, SDG&E may have pushed too far when it proposed
construction of roughly 22 miles of the Powerlink through the
heart of Anza-Borrego Desert State Park, including designated
state wilderness.
    Construction of the Powerlink along the preferred route
would require an extraordinary precedent – the de-designation
of state wilderness for the first time in California history. If legal
protections for wilderness are cracked here, it can and likely will
happen anywhere corporations seek to locate their projects on
protected natural lands.
    A n z a - B o rrego is just the highest profile park target of
SDG&E’s scheme. The company’s preferred route would bisect
at least nine other existing parks or preserves – protected land
ranging from the home of the Flat-tailed horned lizard and
Native America intaglios in the Yuha Basin near El Centro, to
                                                                         To build or not to build?
bucolic grasslands in the Los Penasquitos Canyon Preserve in


                                                         DESERT REPORT JUNE 15, 2007                            {   15 }
California/Nevada Regional Conservation Committee
Desert Committee

Outings

Following is a listing of Desert Committee Outings. There are                   Leaders wanted! Would you like to lead trips for the Desert Committee?
carcamps, tours, day hikes, backpacks and service trips; as well as             We are looking for certified Sierra Club leaders to conduct service trips
ones that combine two or more or those activities. Outings are not              with the BLM and National Park Service. There are more opportunities for
rated, distance and elevation gain can give you an indication of the            service trips than our current leaders are able to sponsor. Service trips can
suitability of a trip, but the condition of the trail, or lack of a trail can   be one day, a weekend or several days. Much of the planning will be done
change the degree of difficulty. An eight mile, 900’ elevation gain             by the entity for which the work is being done.
hike on a good trail would be easy to moderate, the same hike cross-
country could be strenuous. Please call the leader and ask about the            Trips wanted! To all Sierra Club Leaders: do you have a trip planned that
suitability of the outing given your conditioning, particularly if it is        you might like to see in the Desert Report? Desert Committee outings are
your first time on that type of trip.                                           sent to every chapter newsletter in California and Nevada. Listing with the
     If you have not participated in a service trip, give it some thought.      Committee can increase participation - and gives you chance to meet
They certainly involve work, but they are also a lot of fun. You have           people from outside your local group. Please contact Kate Allen at
an opportunity to not only help the environment, but to meet new                kjallen@qnet.com or 661-944-4056 for further information.
people and to work with staff who are knowledgeable about the
area. Trips frequently include a hike the next day that may explore a           Other sources of desert trips Other organizations sponsor desert trips.
little known or seldom visited area, or even perhaps one that is                Among these are the Desert Survivors, Friends of the Nevada Wilderness
generally off limits to the public.                                             and Utah Backcountry Volunteers. These are not Sierra Club organizations,
     For questions about a particular outing or to sign up, please              nor are their trips necessarily endorsed by the Sierra Club; the information
contact the leader listed in the write-up. For questions about Desert           is given because it may be of interest to readers. It is up to individuals to
Committee Outings in general, or to receive the outings list by                 determine the suitability of trips offered by other organizations.
e-mail, please contact Kate Allen at kjallen@qnet.com or                            Desert Survivors: http://www.desert-survivors.org. Must be a member
661-944-4056.                                                                   to participate. Name implies rugged, strenuous trips, and some of them
     Like nearly all organizations that sponsor outdoor travel, the             are, but there are also some more moderate trips. Check ‘em out.
Sierra Club is now obliged to require participants to sign a standard               Friends of the Nevada Wilderness: http://www.nevadawilderness.org
liability waiver at the beginning of each trip. If you would like to read       Friends of Nevada Wilderness organizes volunteer restoration trips to help
the Liability Waiver before you choose to participate on an outing,             wild landscapes recover from noxious weeds, illegal vehicle use and other
please go to: http://www. s i e r r a club.org/outings/chapter/forms/           impacts. You can explore scenic Nevada and help keep it wild at the same
or contact the Outings Department at (415) 977-5528 for a                       time! Our trips are free, and the beautiful wild areas you get to enjoy are
printed version.                                                                priceless! Please check the Friends website or their blogspot at
                                                                                http://nevadawild.blogspot.com for a list of upcoming trips.
                                                                                    Utah Backcountry Volunteers: www.utahbackcountry.org Partners
                                                                                with agencies such as the Forest Service, Bureau of Land Management,
                                                                                and Park Service to identify on-the-ground projects and then conduct
8th Annual Ruby Rendezvous, Car-camp
                                                                                service trips that restore, repair and maintain our public lands.
June 29-July 2 Friday-Monday
Join us for one of the most memorable car camp/day hiking trips
of the year. Visit snow-laden cirques and alpine lakes in the heart
of the Ruby Mtns Wilderness Area in Northern Nevada. Four                       canyon of brilliant red rock and sheer walls. Shady areas frequent.
days car camping with day hikes up various canyons. Evening                     Lots of wading. See lots of bright lights flashing after dark.
entertainment by acclaimed Cowgirl Poet, Merilee Wright and                     About 28 miles round trip with pack, additional miles of day
friends. Twelve course Basque feast in nearby Elko. Group share                 hiking. To reserve, send $20 made to 'Sierra Club' (refundable
of expenses. For more information on past trips, visit                          deposit) to David Hardy, Box 99, Blue Diamond, NV 89004. 702
www.climber.org. For signups contact leader: Allen Tatomer,                     875-4549. E-mail (preferred) hardyhikers@juno.com. CNRCC
allentatomer@hotmail.com, (925-439-0434). SF Bay Chap/                          Desert Committee
Desert Committee
                                                                                Mazourka Canyon Carcamp
Grand Staircase National Monument Escalante                                     July 13-15, Friday-Sunday
Coyote Gulch Backpack                                                           Escape from the heat of the cities and the crowds of the Sierras.
June 29-July 4, Friday-Wednesday                                                This canyon ascends from Independence, CA, into the highest
Backpack in the Escalante Grand Staircase NM, Coyote Gulch                      parts of the Inyo Mountains with sage flats, ponderosa pines, and
to Escalante River. Enjoy waterfalls and swimming at this time                  old mine sites. Saturday will feature a hike (M/S) to Wacouba
of year. Hot season but pleasant along tree-lined creek in deep                 Peak, the highest in the range, and on Sunday we drive out to the


                      {   16 }                                 DESERT REPORT JUNE 15, 2007
June 2007 Desert Report, CNCC Desert Committee
June 2007 Desert Report, CNCC Desert Committee
June 2007 Desert Report, CNCC Desert Committee
June 2007 Desert Report, CNCC Desert Committee

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  • 1. June 15, 2007 News of the desert from Sierra Club California/Nevada Desert Committee www.desertreport.org BY
 DAVID
 H OGAN A SERIOUS THREAT TO THE NATURAL ENVIRONMENT Fight Is On Against “Sunrise Powerlink” C onservative San Diego County renewable energy super highway from the is not widely recognized for Imperial Valley and reduce electricity costs any fervent resistance to for San Diego ratepayers. corporate shenanigans. And The facts show that this is an sleepy Borrego Springs, with its popula- emperor bereft of not just clothes but an tion of 2,500 and location fifty miles from entire wardrobe. In a nutshell: the nearest stoplight, may as well be Pluto • The only energy crisis faced by San for its distance from the seats of political Diego is of the sort manufactured by the power. Maybe that’s why the events of likes of Enron and SDG&E parent February 8, 2007 were so impressive. company Sempra Energy in the early days On that night an exuberant crowd of of the 21st Century – market manipulation over four hundred people wore yellow cloaked in reduced supplies.i bandanas, waved signs, and cheered • The Utility Consumer Action Network speakers at a hearing of the California in San Diego has exposed serious flaws in State Parks Commission in an overflowing the company’s cost savings projections.ii room at the Borrego Springs Resort. • Improved local energy conservation in Outstanding in the group were the average San Diego would eliminate the energy citizens, the seniors, and the children, all reliably gap cited by SDG&E to justify the there to speak of their abiding passion for Powerlink. New efficient air conditioning Anza-Borrego Desert State Park. Many braved a weeknight, systems and a proposed ban on incandescent bulbs in California four-hour drive over winding mountain roads to give voice to by 2012 could reduce peak energy demand by 30%.iii their overwhelming opposition to the proposed “Sunrise • SDG&E has only recently admitted what tanned beach goers Powerlink” transmission line through the heart of California’s have known for years; There’s a lot of sun in San Diego. With the largest state park. right education and incentives like grants, loans, and tax breaks, energy from commercial and residential rooftop solar could The World According to San Diego Gas and Electric continued on page 14 The Sunrise Powerlink is a new, 150 mile long, high-voltage electricity transmission line extending from El Centro in the Imperial Valley west over the Peninsular mountain ranges to the I
 N
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 I
 D
 E T
 H
 I
 S I
 S
 S
 U
 E north coastal portion of San Diego. According to San Diego Gas and Electric, the Powerlink is How The BLM Makes essential to alleviate a pending energy crisis in San Diego. Decisions About Company publicists claim that the line would become a Our Public Lands Peninsular bighorn - along the Powerlink route See
 page
 3
  • 2. BY
 CRAIG
 DEUTSCHE FROM THE EDITOR You Are The Difference T here is a theme running through this issue of JUNE 15, 2007 IN THIS ISSUE Desert Report, although none was planned originally. The articles and the issues which were Fight Is On Against “Sunrise Powerlink” .................................................. 1 submitted all point, inevitably, to one conclusion: You, the citizens, will determine our future. The article by Nada From The Editor: You Are The Difference .................................................. 2 Culver, “Speak Your Mind and Be Heard,” outlines how the How The BLM Makes Decisions: Speak Your Mind And Be Heard ............ 3 Bureau of Land Management (BLM) makes its decisions, but of greater importance, it indicates very clearly when and where the Balancing Economic & Ecological Sustainability In Coachella Valley ...... 4 public may influence these events. The BLM is mandated to Mercury Emissions From Mines Under Pressure...................................... 6 serve the public interest — it is not for the BLM to dictate it. A second article, “Little People Who Do Big Things,” tells of three ordinary citizens who refused to accept what seemed inevitable. They started alone, organized their communities, and have indeed obliged their respective governments to listen. With only a few exceptions the longer articles as well as the items in the “Current Issues” section all describe decisions and issues that will affect the desert and will affect our futures. These articles show where you, too, can “do big things.” DESERT REPORT ONLINE Desert Report is published at three month intervals. This means, that some topics are out of date by the time they appear in the next printed issue. In an effort to be more timely both the “Outings” section and the “Current Issues” section are now updated regularly in the on-line edition Little People Who Do Big Things .............................................................. 8 of the Desert Report. You are encouraged to consult the website to find Current Issues ..........................................................................................11 recently added outings and information on recently developing issues in desert conservation. Another feature which appears in the on-line version of Desert Report is an index of articles and subjects published in past issues. This has been created by Tom Budlong who is also keeping the index current. The Desert Committee thanks Tom for undertaking this formidable task. The web address for Desert Report is: http:www.desertreport.org. DESERT COMMITTEE MEETINGS We have four meetings a year, usually the second weekends of February, May, August, and November. The site for the August meeting will be at the Grandview Campground in the White Mountains, and the November Sierra Club Works To Protect The Owyhee Canyonlands ..........................12 meeting will be in the Anza-Borrego Desert State Park. We especially encourage local citizens in the area to attend, as many of the items on the Outings ......................................................................................................16 agenda include local issues. Contact Tom Budlong at (310-476-1731), Protecting Lands From ORV Abuse: A Call To Action ................................18 tombudlong@roadrunner.com, to be put on the invitation list. { 2} DESERT REPORT JUNE 15, 2007
  • 3. B Y 
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 R AN OVERVIEW OF HOW THE BLM MAKES DECISIONS ABOUT USES OF OUR PUBLIC LANDS Speak Your Mind And Be Heard Editors Note: In an era when partisan politics seems to be driving In managing the public lands, the agency is re q u i red to the decisions made by federal administrators, there is a tendency to consider their many re s o u rces and values, recognizing that not all discount the influence of an individual citizen on the workings of our uses are appropriate in all places. The Santa Rosa National government. A reminder is in order—that we each take personal Monument is pre s e rved for enjoyment of its natural beauty and responsibility to fulfill the roles given to us by our laws. should not be an appropriate place for a gravel pit. Similarly the T greatest possible economic re t u rn need not be the overriding he Bureau of Land Management (BLM) oversees factor in a decision. For example, the BLM can protect ancient approximately 261 million acres of our public lands pictographs by closing an area to oil and gas development - decid- and is the primary landholder in the California ing that protecting history is as valuable as the rental fees and desert. The BLM decides what kind of uses can be royalties that the government might otherwise be paid. The BLM made of those lands - and when and how those uses occur. is also re q u i red to minimize harm to natural, environmental, BLM’s land use decisions are framed by two major laws: The scientific, cultural and other re s o u rces and values (including fish Federal Land Policy and Management Act of 1976 (FLPMA) and wildlife habitat). In order to fulfill all these responsibilities, tells the BLM how to manage the vast opportunities on the FLPMA re q u i res the BLM to keep an inventory of the re s o u rc e s public lands, ranging from wilderness to recreation to grazing to of the public lands and, with public involvement, to develop oil and gas development. The National Environmental Policy re s o u rce management plans to set out the management appro a c h . Act (NEPA), enacted in 1969, ensures that all federal agencies NEPA guides the manner in which the BLM makes decisions, make decisions with an “understanding of environmental by requiring that, prior to approving an action, the BLM must consequences and take actions that protect, restore, and enhance assess its environmental impact. BLM carries out its FLPMA the environment.” Together, these two laws set out the reasons responsibilities by also looking at how its management decisions that BLM makes decisions and the way that it makes them. will affect the environment. BLM’s decisions are made in two main types of documents: land In order to ensure that the BLM takes a “hard look” at the use management plans known as re s o u rce management plans possible environmental consequences of its decisions, NEPA sets (RMPs), and activity or implementation level decisions. The out a process for the agency to follow – looking at the direct, agency’s legal obligations come into play in all decisions, but the indirect and cumulative impacts of a proposed action. Using the amount of public involvement in decision-making and the room to example of a road, the “direct” impacts would be the ground change management decisions varies depending upon the situation. continued on page 10 Legal framework: BLM’s mandate for managing the public lands is set out in FLPMA. FLPMA requires the BLM to manage the public lands under the principles of multiple use and sustained yield. “Multiple uses” include recreation, grazing, timber, oil and gas, watersheds, fish and wildlife, and natural, scenic, scien- tific and historical values. “Sustained yield” means that the BLM is supposed to ensure that the lands can continue to support these many uses for future generations. A major project - EIS required DESERT REPORT JUNE 15, 2007 { 3}
  • 4. B Y 
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 P H . D . COACHELLA VALLEY Balancing Economic & Ecological Sustainability T he first Habitat Conservation Identifying the carrot Plan (HCP), designed and Areas to be protected were identified based implemented after such plans on whether there were intact ecological were authorized by a 1982 processes to maintain sand movement into amendment to the 1973 Endangered the existing dune habitat. Areas where those Species Act, was for the Coachella Valley processes had already been blocked were fringe-toed lizard, a species restricted to the destined to become unoccupied piles of sand remaining sand dunes of that region. The (from the standpoint of sand dune endemic Coachella Valley plan’s participants includ- species). The potential development of ed multiple cities (9), a county (Riverside), those areas where the ecological processes multiple developers, and multiple conserva- were beyond repair became the “carrot” to tion organizations. As such it laid the maintain the interest and time donated to groundwork for the complexity that would this process by the local governments and become the norm for virtually all HCPs that have followed. developers. The ultimate price tag was estimated to be $25 The Coachella Valley HCP, signed in 1986, was the first to ask million—inexpensive by today’s standards, but pricey for conser- those essential questions such as who would pay for land acquisi- vation in the early 1980s. tion and management, and who would manage the protected Initial Lizard Club negotiations ranged from having the fed- lands. Due to the dynamic nature of the sand dune habitat it eral government pay for it all (“it is a federal law isn’t it?”) to hav- aimed to protect, the Coachella Valley HCP was the first to ing the developers pay for it all (“we wouldn’t have a problem if approach reserve design from an ecosystem, rather than from a not for those developers”). Ultimately, there was an acknowl- more limited habitat, perspective. edgement that all parties would benefit, and so all would pay. A d d ressing questions posed by developing an ecosystem TNC applied their fund raising machine to the task and in approach was a challenge for the self-named “Lizard Club,” fairly short order came up with $2 million. Then congressional which included representatives from the California and Federal re p resentative, Al McCandless, squeezed $10 million from wildlife agencies, local governments, developers, Building Congress. The California legislature came up with $1 million. Industry Association (BIA), and two environmental groups, The The Bureau of Land Management, always land rich but cash Nature Conservancy (TNC) and the Coachella Valley Ecological Reserve Committee--a group made up of scientists associated Coachella valley fringe-toed lizard: threatened but surviving with U.C. Riverside--as well as local environmentalists. Coachella Valley HCP Independent research con- Planning begins for the San Bruno Mountain HCP firms essential ecosystem Coachella Valley Multiple President Richard Nixon signs Congress amends the ESA to signed. Coachella Va l l e y processes were not ade- Species HCP. the Endangered Species A c t authorize HCP’s under Section fringe-toed lizard HCP q u ately protected under the into federal law. 10 (a)(1)(A). planning begins in earnest. lizard HCP design. 1973 1980 1982 1983 1986 1993 1994 Planning process begins to create a Coachella Valley fringe-toed Coachella Valley fringe-toed lizard HCP signed, c r e ating the Habitat Conservation Plan (HCP) for the lizard listed as federally Coachella Valley Preserve system comprised of three separate San Bruno Mountain blue butterfly. threatened, State of California conserv ation areas: 1) W h i t e w ater Floodplain Preserve; 2) Edom listed it as endangered. H i l l - W i l l ow Hole Preserve; and 3) Thousand Palms Preserve. { 4} DESERT REPORT JUNE 15, 2007
  • 5. poor, came up with a land-trade arrangement that ultimately Lessons learned contributed $5 million. The balance ($7 million and counting) As to be expected in any early effort at a new way to approach came from developer mitigation fees set at $600/acre of conservation, there have been problems. Despite the ecosystem graded land. approach in the HCP design, entire ecosystems were not includ- Land acquisition was accomplished through willing-seller, ed in lands to be preserved and acquired. Those lands which were fair market value transactions. The protected lands formed a not included (sand sources and transport corridors, via floods and patchwork of ownerships that included a Federal National wind) were deemed in 1986 to be “not in the path of develop- Wildlife Refuge, a California Department of Fish and Game ment” and the ecological processes could be maintained via low- Ecological Reserve, a Bureau of Land Management Area of density zoning. Critical Environmental Concern, California State Park lands, Including the additional lands could have doubled the cost of TNC owned lands, and, more recently, lands owned by the the HCP and that threat may have kept it from being complet- Center for Natural Lands Management, the Coachella ed. Of the two primary sand source-corridor regions that were Mountains Conservancy, and a local non-profit, Friends of the not acquired, one was optioned by a developer in 2000 to build a Desert Mountains. new 12 golf course, 7,000 home community. The zoning in por- tions of the other was increased over time to allow projects that Land ownership quilt could block all sand movement. With such a laundry list of land owners, who would be desig- If either sand transport process was blocked, the chance of nated as the land manager? Every landowner managing their local extinctions would become very real. To resolve these prob- lands independently would be the height of inefficiency and lems a new, Multiple Species HCP (MSHCP) planning effort would add to the cost of implementing the HCP. was initiated in 1994. With mounting pressure from enviro n m e n- Having one agency manage another’s land was unheard of, tal groups such as the Sierra Club, the owner of those lands that against policy, and possibly illegal. The Lizard Club wrestled were destined to become that new 12 golf course community with this issue and came up with another winning solution. The became a willing seller to a partnership of TNC, the Coachella land ownership quilt would be managed by a committee made up Valley Mountains Conservancy, State Parks, the Department of Fish of all land owners, and the day-to-day activities would be coordi- and Game, and the Coachella Valley Association of Governments. nated by a non-profit land manager. Originally, the non-profit About 50% that second sand corridor has been acquired for land manager was TNC, but they have since opted to move their conservation as well. An important lesson learned here is that if attention to other pressing conservation efforts and were protecting ecosystems processes is important--and it is--then the replaced by the Center for Natural Lands Management. The needed lands must be acquired. result has been nearly seamless management (with respect to land Another lesson learned is that when it comes to protecting ownership and time) and an on-site land manager who is com- ecosystem processes, project-by-project mitigation doesn’t work. pletely dedicated to the single, albeit complex, task of making the Despite their critical importance, process corridors are often not HCP a success. occupied by threatened or endangered species and so lack the By most criteria the first HCP has been a success. The lands “stick” to require sufficient mitigation to offset the impacts of originally designated to be preserved have essentially all been proposed developments. The only current tool for insuring that acquired. Tens of thousands of visitors come to the Thousand those processes remain intact--and that overall fragmentation is Palms Canyon visitor center annually for hiking, photography, minimized--is through the regional planning that HCPs allow painting, picnicking, and nature appreciation. The Coachella and require. Valley continues to be one of the fastest growing and prosperous The new MSHCP will protect about 240,000 additional acres regions of the state and the nation. (the original HCP focused on 13,000 acres) and will include The HCP management has continued to foster a level of peninsular bighorn sheep, desert tortoises, desert riparian birds, cooperation that is a model for cooperative ventures elsewhere. and burrowing owls along with a suite of species restricted to the Perhaps most importantly the Coachella Valley fringe-toed lizard sand dunes of the Coachella Valley. still occurs and generally thrives on each of the three “preserves” C o n s e rvation in the Coachella Valley has been able to maintain that were established. The lizards have since disappeared from all the support of major developers, the BIA and most local politi- those lands where sand processes were blocked, even in areas cians. When asked whether the BIA would support a renewed where the lands remain undeveloped. c o n s e rv ation initiative, then Director Ed Kibbey replied that “we have invested too much money in this eff o rt to have it fail now.” The proposed MSHCP will be available for public review in the spring of 2007 and will hopefully be signed by fall. “Joshua Hills” development The city of Desert Hot Springs rejects proposed that would block sand the Multiple Species HCP resulting in Dr. Cameron Barrows, Ph.D. served as the first Manager of the processes and wildlife corridors an HCP re-design that excludes that Coachella Valley Preserve System from 1986 through 2006. During between the Thousand Pa l m s city, removing them from the protec- that time he worked for both The Nature Conservancy and the Center Preserve and Joshua National Pa r k . tions and benefits that HCP’s provide. for Natural Lands Management. He currently holds an Assistant R e s e a r ch Ecologist position with U. C. R i ve rs i d e ’s Center for 2000 2005 2006 2007 Conservation Biology. His research focus uses many of the insights and A conservation coalition purchases A final vote for the Coachella data collected on the sand dunes to develop meaningful and responsive the nearly 9,000 acres where the Valley Multiple Species Habitat measures of whether species are at risk of extinction. Joshua Hills development was planned. Conservation Plan is expected in the Fall of 2007. DESERT REPORT JUNE 15, 2007 { 5}
  • 6. BY
 DAN
 RANDOLPH GREAT BASIN MINE WATCH Mercury Emissions From Mines Under Pressure G reat Basin Mine Watch’s campaign to reduce the mercury air emissions from Nevada’s precious metal mines has succeeded in putting increasing levels of pressure on both the mines and the Nevada Division of Environmental Protection (NDEP). Working in collaboration with Earthworks, Idaho Conservation League, and Western Shoshone Defense Project, GBMW has had significant success during the past year. New regulations In March of 2006 NDEP passed the first regulations in the nation regarding mercury emissions from mines. While the regulations are significantly flawed, they none-the-less are a step forward. The regulations are focused exclusively on the point- source (exhaust pipes) emissions from the many various roasters, autoclaves, and other equipment used during the gold and silver milling process. They also focus on the installation of control technology, rather than on specific amounts of mercury emis- sions or reductions in emissions. Ore roaster and mercury source GBMW and its allies had argued throughout the rulemaking process that additional regulations were needed as well. Core Sportsmen’s Group, Nevada Nurses Association, Western arguments were that specific reduction goals must be set, that Shoshone Defense Project, Great Basin Institute, Institute for “fugitive” or non-point-source emissions must be included, and Children’s Environmental Health, Earthworks, and Oxfam that the amount of testing and monitoring of emissions in the America, GBMW wrote a letter to the Nevada State Health current regulations are woefully inadequate. Currently, the mines Division requesting that it conduct fish tissue sampling to deter- conduct only a single emissions test per year. This is despite the mine the safety of Nevada’s sports fish for human consumption. huge uncertainties inherent in how the many new control The letter referred to tests conducted during the summer, which technologies being used at the mines are affected by operational showed high levels of mercury in fish from northeast Nevada. variations. There is no monitoring of merc u ry in the air The Associated Press story on this letter was picked up by over surrounding the mines included at all. 50 newspapers around the nation, as well as internationally. The new year began with a major story in the Reno Gazette- Reports and media Journal “Group calls for scrutiny of mercury emissions” (1-3-07), In August GBMW, Idaho Conservation League, and which was followed the next day by an editorial “Strong reasons to Earthworks released two reports. One focused on three mines regulate emissions”. Then in mid-February a University of Reno, which were clearly underreporting their mercury releases, as Nevada, (UNR) study was released. The study revealed atmos- required by law. The second highlighted the dramatic increases pheric air concentrations of mercury around several Nevada in reported emissions from two other mines. Together these mines that were much higher than concentrations in the air away re p o rts brought attention to the lack of solid information from the mines. The study, which was conducted by Patrick regarding the actual releases from mines, a serious problem even Joyce and Dr. Glenn Miller, was covered in a Las Vegas Sun now. In addition, the reports reflected the weakness in the article “Nevada’s Gold Diggers Mucking Up the Air”. The story and argument utilized by NDEP that the older voluntary program study got widespread attention, and the debate heated up. had reduced emissions by 82%, when clearly no one knows the In addition, in February, the Nevada Department of Wildlife current emissions, much less the unregulated emissions. came out with fish consumption advisories for many rivers, lakes, In December, working with a coalition that included Orsmby and reservoirs in the state. The data released with the advisories { 6} DESERT REPORT JUNE 15, 2007
  • 7. w e re very similar to what was found in the small study We (GBMW) are hoping that the Nevada Division of conducted by UNR in the summer of 2006. Confirming the real Environmental Protection utilizes the new staff to increase the threat to Nevada’s fish, as well as the angling community, it was testing and monitoring of mercury emissions, verifies that the now clear that there was a need for real action. controls that are in place or are being installed work as designed, and that major reductions in emissions are achieved. On to the legislature We (GBMW) will be encouraging the Nevada Division of With the issue of mercury being constantly highlighted in the Health to revise the fish consumption advisories. Currently there media, and the mining industry feeling a lot of pressure to act, are only advisories for fish species and locations with levels of the action moved to the Nevada State Legislature. mercury above 1 part per million, while the EPA suggests Working with Assemblywoman Sheila Leslie (D-Reno), advisories for vulnerable populations (women of childbearing GBMW had introduced Assembly Bill 115, which called for four age, and young children) be enacted at mercury levels of 0.3 parts changes to the states regulations. per million, a threefold difference. 1. Updating Worker Safety Regulations at precious metal In addition, we will begin to look at other sources of mercury mines. The current regulations were drafted in the early 1970’s emissions in the state, continue to push the mines to fully report and aimed specifically at mercury mines. The need for revision their emissions as well as reduce them as much as possible, and was clear. bring more public pressure on the state to fully protect Nevada’s 2. Additional testing of the “smoke stack” point sources, air, water, fish and people from mercury pollution. which under current regulations need only be tested once a year. 3. Monitoring of mercury in the air surrounding the mines 1872 reform on the move themselves. This is completely absent in the current regulations. By the time this goes to the press, we (GBMW) expect a 4. An increase in fees from the mines to pay for the reform of the antiquated 1872 General Mining Law to be intro- additional staff needs that these changes would require, as well as duced in the House of Representatives. The 1872 Mining Law supporting additional research into the issues. governs precious mineral development, such as gold, silver, Assemblywoman Leslie introduced AB 115, and then con- copper, and uranium, on public lands. The law has remained vened a meeting of all the interested parties. Through her lead- essentially unchanged since it was passed in 1872 as a means of ership, a compromise was reached which would do three things: “opening” the west to development. 1. Revise the Worker Safety Regulations through a Division of The reform will be introduced by Representative Nick Rahall Industrial Relations rulemaking process. (D-WV), a long time advocate for reforming the law. Key 2. Add two additional staff positions to the Bureau of Air provisions are expected to include: Pollution Control’s mercury program. • The ability of public land managers (BLM and Forest Service 3. Increase the fees from the mines to pay for the primarily) to use their discretion on whether a proposed mine is additional staff. appropriate; the ability to say no to a mine. At this point AB 115 has passed through the Assembly • Water protections. Commerce and Industry Committee unanimously, with the sup- • Strengthened mine reclamation and closure bonding. port of the Nevada Mining Association, Newmont, Barrick, the • A royalty paid to the US government on minerals produced. Governor’s office, and allies in the Legislature, Progressive Currently there are no such royalties. Leadership Alliance of Nevada, Sierra Club, and Nevada Western state Representatives and Senators will be key to Conservation League. GBMW is hopeful that the bill will pass the success of the reform effort. Please contact your through the rest of the legislative process and be signed into law representatives and urge them to join Representative Rahall in by the Governor. this important work. Next steps Dan Randolph, c u r rently Exe c u t i ve Director of Great Basin While AB 115, the fish consumption advisories, and the Minewatch, has worked on mining, oil and gas, and coal issues widespread acknowledgement of the problem are all major steps with various conservation organizations since 1995. He resides in forward, there are still issues that are in need of attention. Reno, Nevada. Billboard outside Reno, Nevada DESERT REPORT JUNE 15, 2007 { 7}
  • 8. BY 
 C RA IG 
 D EU TSC HE ACCIDENTAL ENVIRONMENTALISTS Little People Who Do Big Things T his is not a story about environmentalists: These federal agencies that hold responsibility. are citizens. The issues with which they have Sixteen miles north of Walters Camp, a waterway through the become involved are waste disposal, housing town of Palo Verde had also become shallow, non-navigable, and development, and resource management, all com- had acquired an elevated coliform bacterial count that made plicated issues with many sides, but all impacting desert commu- swimming unacceptable and fishing questionable. Within a mile nities. Each of the following persons saw a problem looming for of his home, the appearance of an immense trailer park seemed their community, and each was unwilling to accept what seemed probable, and as in all parts of the desert, problems of trash, inevitable. In the process these persons acquired the label “envi- dumping, and off-road vehicle damage were escalating. ronmentalist,” but this was accidental. Their names are not the Gary has been involved for years in protests, in formal nego- real story. It is the lesson they teach about community involve- tiations, and more recently in court actions with the federal reg- ment that we need to remember. ulatory agencies. Funding for publicity and legal assistance has been a matter of many solicitations from neighbors up and down A sleepy river town the river and from NGO’s that make environmental grants. I first met Gary Niles while visiting a proposed site for wind Organization of the rural communities for letter writing, public turbine development in Imperial County. Gary, however, had comments, and court testimony has become a constant in his life. come to speak about environmental protections for a short Most recently Gary has been the producer of a video showing stretch of the lower Colorado River. Who has ever heard of the conditions along the waterways. Beyond its documentary value, town of Palo Verde, or for that matter, Walters Camp? These the video will be submitted to the court in support of the asser- places were his concern, tion that the Bureau of Reclamation has not fulfilled its legal although it would be several obligations. These are new endeavors for a former Navy pilot. years before their problems The goal is the protection of an environmental resource for res- would become public. [Desert idents and for future visitors. Report, June 15, 2006] Gary finished college with The desert is not a dump some training as a mechanical Eight miles west of Barstow is Hinkley, California. It is a engineer but with a degree in place, not even a town, but it was where Norman Diaz visited his economics. After six years as a family’s ranch while growing up and where he and his wife now Navy pilot, he took a job live. Their quiet life changed a year ago with a newspaper report working for a large industrial of a proposed facility to process sewage sludge for San firm. During this period he Bernardino and Riverside Counties. This was the beginning of a bought a small riverbank lot journey to learn the ways of local government. on a side channel of the The proposed facility would compost sewage sludge on an Gary Niles Colorado River - between open field, half a mile square. Sludge is the semi-solid material Blythe, CA, and Yuma, AZ. that remains after water has been reclaimed from the municipal This was one of thirteen parcels in the Tamarack Lagoon sewage stream. Over 178 truck loads a day would be delivered Subdivision. It was a quiet place with a slower life away from the along the local, gravel roads; the material would be mixed with city. The original river channel had narrowed, filled with silt, and green waste to aid the decomposition; this mixture would be become choked with weeds, in spite of its designation as a navi- turned over by tractors regularly. In an area with some of the gable waterway and assurances in federal law that it would be highest wind velocities in California, questions about particulate maintained as such. This was the beginning of a twenty year matter, bacterial contamination, invasive weed seeds, odors, and involvement with land and water management issues and the even ground water contamination come to mind. These concerns { 8} DESERT REPORT JUNE 15, 2007
  • 9. were heightened by the fact that company applying for the per- ment was part-time, but following her decision to take a year’s mit, Nursery Products LLC, was evicted from a similar (but leave, she began working with SRVA nearly full time, distributing much smaller) operation in Adelanto, California, and was denied lemonade and factoids to hikers on the Mt. Whitney trail and a related permit in Newbury Springs. Some account of the pro- launching new fundraising and publicity campaigns, both of posal in Hinkley has appeared previously in the Desert Report which she knew little about before the effort started. I asked why (Current Issues in Dec. 15, 2006, and Mar. 15, 2007). Efforts she had chosen to invest so much time in this project despite the which Norman has made on behalf of the local community also fact that she makes no claim to being an environmentalist. Her appear in these accounts. reply is both an inspiration and a lesson: Few persons are aware of the regional Air Quality Control “I think at some basic level I have a sense of this area (the eastern Districts located throughout California, and few are aware of the Sierra) and particularly that place (the Mt. Whitney viewshed) as a authority of the regional Water Quality Boards. Norman sacred place that should be taken care of. It’s a completely intuitive sense appeared before these boards and petitioned them to investigate - I go there and I feel humbled and awed and relieved for no reason the environmental and health other than that it’s beautiful and it feels like home to me. This area has consequences of the proposed also been an important source of grounding for me during my time in facility. This was new territory school, where people tend to forget about where they are, work incessant- for a person who made a living ly, and lose sight of what’s most important to them. I also have layers of finding and arranging sites for memories embedded on this place - running and climbing and identify- video and advertising firms to ing plants and taking pictures and playing in the snow and spending conduct their photography. time with friends. In a sense, I feel like this place is part of me, my iden- Eventually this involvement tity, and there f o re all of the forced Norman to significant- defense mechanisms that kick in ly cut back on his business when I’m endangered also apply endeavors. While other citi- here—the two are intertwined. zens have assisted, ultimately “When my mom told me that a it was Norman who brought housing development was going to them into the campaign. be built alongside Whitney Portal Norman Diaz W h e re does this all lead? Road, I had an immediate sense Norman is very clear that his that I needed to do something to concern is no longer about the particular project near his home. protest it, mostly because I know If a permit is ultimately denied, then other operators will apply the politics of Lone Pine well for permits near other towns where less public involvement is enough that I was pretty sure that expected. The hope that Norman expresses is that the public if I didn’t do something, no one agencies which regulate environmental and health concerns will else would. So, there’s that too-- establish standards for responsible waste disposal to be met in the Christine Hancock the sense of responsibility that future. If this happens then others may be spared some of the tur- comes with the privilege of hav- moil which has changed Norman’s life. ing the skills and education to be able to step outside the day-to-day acts of living from time to time and look around. Private homes and a public view “And finally, there is the question of precedents - I’m very fearful Mount Whitney, portrayed in many pictures, is known all over that if this development goes in, other places in the general vicinity that the country. The nearby town of Lone Pine, California, is prob- also hold special meaning for me will also be at risk. In my mind, this ably familiar to only the few who drive through this rural area. It case is a sort of landmark that will guide the course of development in was truly a shock to Christine Hancock when she learned that a the region for many years to come.” housing development was planned at the foot of this mountain We all have an investment in our futures. where she had grown up. (Current Issues section in Desert Report, Dec. 15, 2006) At the time Christine was home on vacation from Craig Deutsche is publisher and managing editor of Desert Report. medical school at the University of California, San Francisco. In the two years that followed, Christine organized citizens throughout the Eastern Sierra area to protest the project to the Inyo County Board of Supervisors. The goal was not to stop REACHING YOUR SENATE OR HOUSE MEMBER development but rather to create a plan that would preserve the view while still allowing growth for the town. When county Snail mail letters can take up to three weeks to get through. If your approval was given for the original development plan, another contact is time critical, it is best to use faxes and even email. community group was enlisted in the campaign, the Save Round Valley Association (SRVA), which had previously been active far- All Senate and House offices can be reached at 202 224-3121. Ask for the ther to the north in Bishop. Ultimately lawsuits have challenged office you want to contact and then ask that office for their fax or email the process by which decisions were made. Most recently the address. Bureau of Land Management has initiated a planning process for the nearby Alabama Hills Recreational Area which surrounds the Boxer Feinstein california senator@boxer.senate.gov Fax (202) 228-1338 senator@feinstein.senate.gov Fax (202) 228-3954 nevada proposed development. Planning for the entire southern end of the Owens Valley is becoming a public issue. Reid senator@reid.senate.gov Fax (202) 224-7327 In her first two years of medical school Christine’s involve- Ensign senator@ensign.senate.gov Fax (202) 228-2193 DESERT REPORT JUNE 15, 2007 { 9}
  • 10. How The BLM Makes Decisions About Uses Of Our Public Lands continued from page 3 cumulative impacts of the specific activities under consideration. disturbed by the road, the “indirect” impacts could include the When the potential impacts of a proposed action are likely to fragmentation (or dividing into smaller areas) of wildlife habitat, be significant, such as a proposal to develop an extensive wind and the “cumulative” impacts could include the air pollution energy project, the BLM will prepare an EIS. In this case the from the emissions of many cars driving on the road. agency will provide the opportunities for comment that have NEPA requires the BLM to take opportunities to encourage already been described. If the agency believes that the impacts effective public participation, generally by notifying the public of will not be significant, such as a drilling permit for a single well pending decisions, and giving the public a chance to review and or the restoration of an illegal road to a more natural condition, comment before the decision is made. The NEPA documents are then an EA is prepared. The BLM may follow many of the same an environmental impact statement (EIS) and a shorter environ- steps used in the more extensive EIS, but it is not obligated to do mental assessment (EA). When a major federal action is likely to so. The agency can decide not to give the public an opportunity “significantly” affect the environment, then an EIS is prepared. to review and comment on an EA, so that the only remedy would The significance of an action’s effects is based on the context of be a formal legal challenge. Generally, where there is scientific or its effects (how great an area can be affected, in the short term public controversy surrounding a decision, the proposed action is and over the long term) and the intensity of those effects (how unusual or could set a precedent, or the type of action is one severe the impact might be). Where a proposed action may not where an EIS might be prepared, then the BLM is supposed to be significant, an EA is prepared. give the public an opportunity to review and comment. For an EIS, the BLM must schedule a public comment period on a draft for at least 45 days, formally respond to the public Challenges of multiple use and guarantee of environmental analysis comments, and then provide a 30-day review and protest period. While the required and actual steps taken in the EIS and EA For an EA, the BLM has discretion on whether to schedule processes may differ, their goals are the same (to consider the comments on a proposed “Finding of No Significant Impact,” and potential environmental effects of a decision, as well as ways to the comment period need only be 30 days. In this case there is no avoid or lessen those effects), and the BLM carries them out in f o rmal requirement for responding to comments, and there is no the context of the management approach defined by FLPMA. p rotest period. In either case, the BLM is re q u i red to look at a The multiple use mandate presents the agency with challenges range of alternatives, so that different options and their effects are in trying to balance its decisions to support the many uses of the considered and the best option, in terms of both management goals public lands. The presence of potential environmental impacts on and environmental consequences, can be selected. The number and resources such as natural beauty may not ultimately result in a types of alternatives considered are generally greater in an EIS. decision to prohibit the development or use of other resources, such as oil and gas development. Nonetheless, where the agency Land use decisions: has determined that protection of values such as fish or wildlife RMP’s are developed to guide management of a defined area habitat is the best use of the land, other possibilities, such as off- of public lands, often millions of acres, for a period of 15 to 20 road vehicle use, may be limited or prohibited. years, and they set out decisions at a broad level. An RMP iden- In the course of trying to balance these uses and simultane- tifies appropriate uses for areas (such as those open to grazing or ously preserve them for future generations, the BLM and the closed to use of off-road vehicles), directs how uses occur (such public are well-served by the guarantee that land use decisions are as specifying ore recovery methods permitted in a mining opera- made only after thorough consideration of possible consequences tion), and sets boundaries for future uses (such as how many wind and alternatives and with maximum public input. turbines may be installed in an approved area). RMP’s are devel- oped with an EIS and often take many years to complete, because Nada Culver is Senior Counsel in The Wilderness Society’s Public they involve so many decisions over a large area. RMP’s also pro- Lands Campaign. She works in The Wilderness Society’s BLM Action vide numerous opportunities for public involvement -- at the ini- Center, which provides tools and trainings to help citizens participate in tial “scoping” period when the public can identify issues that they the land use planning process. would like the BLM to consider in the plan, upon publication of the Draft RMP, and upon publication of the final Proposed RMP. After the RMP is completed, the BLM still must consider e n v i ronmental impacts of proposed actions, because the potential consequences of a specific action (such as a proposal to pave a c e rtain road or to renew a grazing allotment) will not have been c o n s i d e red in depth in the RMP. The BLM’s actions in consider- ing specific proposals (either for agency action, such as c o n s t ructing a fence, or by third parties, such as testing wind velocities) are often re f e rred to as implementation or activity level decisions. In making these decisions, the BLM must be consistent with the RMP (so that, for instance, a new ORV trail cannot be c reated in an area that is closed to off - road vehicle use). Always the A fence to protect wilderness - EA required BLM must comply with NEPA to look at the direct, indirect and { 10 } DESERT REPORT JUNE 15, 2007
  • 11. CURRENT ISSUES $100 Million Mesquite Landfill deserts of southern California. Although there are many qualifications, one Moving Forward possible result is that if a state does not process an application for Imperial County may allow garbage from L.A. to be transported by truck construction of an energy transmission facility sufficiently quickly, the rather than by rail to the site of the old Mesquite Mine under a Conditional Federal Energy Regulatory Commission may consider whether to issue a Use Permit. The original EIR for this Imperial County landfill had stipulated permit and to then authorize the construction of the facility. The conse- that the trash would be moved to the County over rail. A new EIR should quences of such an action are far reaching, difficult to predict, and may be be required for this project because of the huge potential impact of truck undesirable from a number of viewpoints. traffic. These impacts include impaired air quality, noise and dust and traffic A rather extensive website has been established which describes and in the roadside communities, impacts to the North Algodones Dunes summarizes the import of the Federal Power Act and addresses frequently Wilderness, and increased traffic in the area of highway 78 already congested asked questions. This is important material: http://nietc.anl.gov. by ORV traffic—especially from October through April. Between 4,000 and 20,000 tons of solid waste would be transported each day. Calls should be made to Imperial County supervisors requesting a new EIR for this Proposed Geothermal changed project. Development In Ocotillo Wells State Park, Imperial County Comments on the Draft EIS on the potential development of Geothermal Evaluating Wind-Energy Energy in the Truckhaven area of Imperial County were due April 30, 2007. Proposals This project would include 14,000 acres of land north of highway 78, south A committee of the National Research Council has released a report titled of S-22, and west of highway 86 within the State Vehicular Recreation “Environmental Impacts of Wind- Energy Projects.” This report documents Area. There are many potential impacts to other cultural sites, plants, ani- the increased use of wind energy in the United States; it outlines the mals, view sheds and recreation from the ground disturbance of drilling environmental benefits of this energy source; and it also highlights the test wells, pads, roads and truck traffic, and from other geothermal ener- potentially negative environmental impacts that are also associated with gy-generating infrastructure including the building of power plants. The these developments. Included in the report are recommendations for entire area is rich in cultural sites and cultural surveys of the area have not e v a l u ating wind-energy projects. The list of elements to be considered is been completed, risking loss of sites not yet discovered and documented. extensive, and among the concerns are (1) impacts to wildlife, (2) human Part of this area falls into the Flat-tailed Horned Lizard Research Area. The health and well-being, (3) aesthetic values, (4) economic impacts, (5) and Ocotillo Wells State Park archaeologist’s comments urge the BLM El Centro c u m u l ative effects in combination with other wind projects and still other to choose the “no-action” alternative. Public environmental review and kinds of energy production facilities. The report emphasizes the importance input will take place for each of the individual leases in the area if they are of including public input into the permitting process by for these projects. approved by the BLM for exploration and development. Mitigation of impacts Given the scope of these energy projects, it is incumbent upon legislat o r s, would be included in all developments. Call or email Te r ry Weiner for more regulators, and the public to understand the implications of decisions made information: (619) 342-5524 or terryweiner@sbcglobal.net. You can view the about these facilities. A very understandable summary of this report is document on line: http://www.blm.gov/ca/elcentro. available at : http://dels.nas.edu/dels/rpt_briefs/wind_energy_final.pdf. Eastern San Diego County Are We A National Interest Draft Resource Management Electric Transmission Plan And Draft EIS Corridor? This planning area contains 103,303 acres of public land ranging from The Federal Power Act (created by the Energy Policy Act of 2005) permits pine forests to palm oases and high desert. The planning area includes the Department of Energy to designate geographic areas within the United Table Mountain and the Jacumba Wilderness as well as several Wilderness States where electric transmission congestion or constraints adversely Study Areas. This resource management plan update is 20 plus years affect consumers. One of the two identified areas includes most of the continued on page 13 DESERT REPORT JUNE 15, 2007 { 11 }
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 H Sierra Club Works To Protect The Owyhee Canyonlands Editors Note: This article presents an alter- Idaho Guides and Outfitters, the Shoshone- nate view to the one which appeared in the Paiute Tribes, and others-to craft a framework p revious issue of the Desert Report. This for legislation. After six years of negotiation, represents the official position of the Sierra education, and input from the public, Senator Club concerning the Owyhee Initiative. Crapo has now introduced the product of P those deliberations. rotection of the Owyhee The Owyhee Initiative Implementation Act, Canyonlands has been a pri- S 802, gives us an opportunity to safeguard ority for the Northern many of these lands, now and forever. This Rockies Chapter and other legislation will designate over 517,000 acres of parts of the Sierra Club for over 25 years. Our local volunteers Wilderness and over 300 miles of Wild and Scenic Rivers. It and staff have been on-the-ground and in the trenches fighting to requires implementation within three years of a travel manage- protect these marvelous lands in every arena possible. We helped ment plan for the county that will restrict travel to designated defeat huge Air Force bombing range expansions into areas now routes, and provide enforcement support. It will immediately proposed for Wilderness. We have led outings, turned out make cross-country travel illegal. It will close 200 miles of motor- hundreds of people at hearings and for rallies, gone door to door ized trails in areas designated as wilderness. It will eliminate over and phone-banked in our communities and worked to educate 18,000 AUM’s of grazing, including designation of 55,000 acres the public and policy makers about these incredible canyons of wilderness that will not be grazed by livestock. It will provide and rivers. The Owyhee Canyonlands of southwest Idaho are spectacular high desert country. Vast stretches of what has been described as “sagebrush sea” are abruptly cut by deep, sheer-walled river canyons. This remote, biologically diverse area is home to bighorn sheep, pronghorn antelope, sage grouse, red band trout, raptors, and many other species. Public lands here provide recreation, hunting, hiking, bird watching, and unparalleled opportunities for solitude. But rapidly increasing off-road vehicle abuse threatens to shatter the silence and tear up the fragile landscape, creating a permanent scar on the land and embedding a level of use that would be impossible to remove in the future. Overgrazing of many areas also remains a challenge that will need to be addressed as well. At the end of his term, President Clinton came very close to designating an Owyhee National Monument. This was an impetus for local people to work together to develop a solution that would resolve their long-standing conflicts and protect the land. In 2001 Senator Crapo (ID) agreed to support an open Top: Owyhee county. Above: Owyhee river - potential collaborative process among the various interest groups-environ- wilderness area mentalists (including the Sierra Club), ranchers, Owyhee County, { 12 } DESERT REPORT JUNE 15, 2007
  • 13. protection for cultural resources. Providing further protection of the wilderness, Owyhee County has agreed to initiate proceed- Current Issues ings to relinquish RS2477 assertions in the wilderness complex. Combined, these provisions will scale back and restrict rapidly expanding off-road vehicle damage and provide a positive prece- dent for reducing damaging livestock grazing within wilderness continued from page 11 designations. The Sierra Club volunteers and staff worked overdue. Issues which the plan will address include conflicts between hard to create public support for this protection and also motorized and non-motorized recreation, grazing impacts, protection of engaged in the deliberations that led to the creation of this protection package. sensitive natural and cultural resources including the bighorn sheep and It is not a perfect bill. Consequently, the Sierra Club, after a number of other endangered plant and animal species, proposed energy much consideration, has voted to give this legislation qualified developments and their impacts on visual resources. One of the most support. We have identified some areas that we will seek to improve as it moves through the legislative process. controversial items is the BLM proposal to change the classification of The legislation needs to designate river corridor boundaries some areas, under the Visual Resource Management System, thereby consistent with the Wild and Scenic Rivers Act. There needs to opening up these unspoiled viewsheds to the possibility of placement of be a fair and independent market appraisal of the private lands (chosen for important ecological values) within Wilderness areas industrial renewable energy infrastructure. Comments were due on the that are proposed for exchange for less pristine BLM lands draft for this plan by May 31st. When the comments have been located nearer to developed areas. After years of building demand reviewed, the final plan with alternatives for action will be published and for protection for the remote and beautiful rivers, canyons, and wild sagebrush uplands of Owyhee Canyonlands, we are now available for public comment once again. A CD of the Draft RMP& EIS working with Senator Crapo and Congress to seek these and other can be obtained by calling BLM El Centro (760) 337-4400, or you can i m p rovements in this legislation and to gain passage of S 802. view the document on their web site http://www.blm.gov/ca/elcentro. Edwina Allen is chair of the Northern Rockies Chapter. Clayton Daughenbaugh is chair of Sierra Club National Wildlands Committee. Before You Build A Campfire In Proposed Wilderness Designations The Desert Proposed Wild and Scenic River Designations: Rising temperatures combined with dry vegetation has created significant fire hazard conditions throughout the California desert region. Recreational Wild Scenic On May 15 the Bureau of Land Management (BLM) implemented Stage I fire restrictions on all BLM-managed public lands within the California Desert District (CDD). These restrictions require a permit before building a campfire or using a barbeque. More stringent restrictions apply to some BLM-managed lands within Los Angeles, San Bernardino, Riverside, and San Diego counties. These Stage II level restrictions prohibit campfires and barbecues outside developed recreation sites. Controlled flame devices such as portable stoves are allowed by permit. For more information or to obtain a permit contact the BLM’s California Desert District Office at (951) 697-5200 or local field offices in Barstow (760) 252-6000, El Centro (760) 337-4400, Needles (760) 326-7000, Palm Springs-South Coast (760) 251-4800 or Ridgecrest (760) 384-5400. OWYHEE COUNTY www.sierraclub.org/membership WHEN YOU JOIN the Sierra Club you will have the satisfaction of knowing that you are helping to preserve irreplaceable wildlands, save endangered and threatened wildlife, and protect this fragile environment we call home. You can be sure that your voice will be heard through congressional lobbying and grassroots action on the The Owyhee initiative environmental issues that matter to you most. DESERT REPORT JUNE 15, 2007 { 13 }
  • 14. Fight Is On Against “Sunrise Powerlink” Proposed Project Alternate Routes The land areas indicated in the different shades of gray include state and county parks, wildlife preserves, federal wilderness areas, national forests, and Areas of Critical Environmental Concern—all public lands protected for their natural values. continued from page 1 considered for approval only after all opportunities for efficiency, reasonably exceed existing demand when it’s needed most on hot local renewables, and new local conventional generation have all summer days.iv been exhausted. • Dedicated expansion of solar energy production in San Diego would reduce or eliminate the need for harmful transmission In harms way lines from the distant Imperial Valley. Dispersed local generation The Powerlink poses an obvious and serious threat to the would also reduce energy companies’ stampede to claim desert natural environment, not to mention cultural, historical, and land for giant industrial solar, geothermal and other renewable other resources: energy projects. A third benefit would be to put an important • Many raptors such as hawks, owls, eagles, and migratory birds dent in the region’s greenhouse gas emissions. are killed by electrocution when they land on or collide with high • In 2010 a sweetheart energy transmission deal between Sempra voltage wires or towers; and the California Department of Water Resources will expire. It • The Powerlink will provide a very long linear access route dates from the manipulated California energy shortage a few for the spread of exotic plants into many relatively pristine years ago. The expiration will free significant capacity on an natural areas; existing high voltage line. The line, which also connects the • Maintained Powerlink access roads will attract off-highway Imperial Valley and San Diego, could be employed in the event vehicle users with the usual accompanying resource damage of a need for future transmission capacity. and noise; Indeed, California state law requires v (and SDG&E has prom- • Transmission line construction, access roads, and maintenance ised local San Diego governments) that new transmission lines be will plague Peninsular bighorn sheep, threaten California gnat- { 14 } DESERT REPORT JUNE 15, 2007
  • 15. catchers and their coastal sage scrub, flatten Flat-tailed horned the west. Scenic views from five other protected natural areas lizards and Arroyo toads, scatter Southwestern willow flycatch- would be marred by the preferred route. Alternative routes would ers and Least Bell’s vireos, and harass Hermes copper butterflies. harm more than a dozen other protected areas, including existing But few are aware of the project’s related, subtle yet enormous and proposed wilderness areas of the Cleveland National Forest. threat to people and property – wildfire. The Powerlink and its corridor can be expected to become a major new source of Will the real Powerlink please stand up? wildfire ignitions in a region that has already suffered too many So why did SDG&E elect to ignore its agreements with San disastrous conflagrations. In a sad irony, the Cedar Fire of 2003 Diego governments and insist on the state park route? And why burned 273,000 acres, 2,200 homes, killed fourteen people, and is it that the Powerlink consists of 500 kv lines from the Imperial converted thousands of acres from native chaparral and sage Substation pointing northwest to the middle of nowhere near scrub to exotic grasslands along a swath closely tracking the Warner Springs, with only two smaller power lines to San Diego? western portion of the Powerlink route. Many believe the answer lies in Sempra Energy’s existing and Transmission lines are frequently a direct cause of wildfire planned Mexicali power plants, the Los Angeles megalopolis, and when wires fall in high winds or aircraft collide with towers or the distance to be bridged between them. Company documents wires. New and improved roads along the Powerlink would open reveal that the Powerlink is just phase one of a master plan by remote areas to people who start fires, either deliberately or by SDG&E and parent Sempra Energy to extend the larger 500 kv accident. Critical time is lost when firefighters working near live line north to Greater Los Angeles, likely as a means to expand the transmission lines must wait for companies to shut down power California market for imported cheap, polluting, fossil-fuel so they can proceed. Firefighting aircraft must divert away from power from Sempra plants and others in Mexico. these areas because of collision danger even after the power is continued on page 17 turned off. Downed power lines in the San Diego backcountry started two of the worst wildfires in California history, the Pines fire of 2002 and the Laguna fire of 1970. The Cedar fire taught us that wildfires in the backcountry can become urban fires in a matter of hours. The Powerlink would ultimately slice through some of the most pristine desert, forest, and Mediterranean landscapes in the state, marring miles of sublime views, drowning nature’s quiet with an electric soulless hum, trashing cultural sites, and bisect- ing popular recreation areas. Parks provide path of least resistance Residential areas and communities will usually mount a vigorous defense against giant new transmission lines near their homes and businesses, so it is not surprising that the current proposal (no pun intended) follows a path of least political resistance. The proposed alignment passes through some of the last undeveloped land in San Diego County – a myriad of parks and preserves established to protect nature and provide a respite for weary urbanites. Still, SDG&E may have pushed too far when it proposed construction of roughly 22 miles of the Powerlink through the heart of Anza-Borrego Desert State Park, including designated state wilderness. Construction of the Powerlink along the preferred route would require an extraordinary precedent – the de-designation of state wilderness for the first time in California history. If legal protections for wilderness are cracked here, it can and likely will happen anywhere corporations seek to locate their projects on protected natural lands. A n z a - B o rrego is just the highest profile park target of SDG&E’s scheme. The company’s preferred route would bisect at least nine other existing parks or preserves – protected land ranging from the home of the Flat-tailed horned lizard and Native America intaglios in the Yuha Basin near El Centro, to To build or not to build? bucolic grasslands in the Los Penasquitos Canyon Preserve in DESERT REPORT JUNE 15, 2007 { 15 }
  • 16. California/Nevada Regional Conservation Committee Desert Committee Outings Following is a listing of Desert Committee Outings. There are Leaders wanted! Would you like to lead trips for the Desert Committee? carcamps, tours, day hikes, backpacks and service trips; as well as We are looking for certified Sierra Club leaders to conduct service trips ones that combine two or more or those activities. Outings are not with the BLM and National Park Service. There are more opportunities for rated, distance and elevation gain can give you an indication of the service trips than our current leaders are able to sponsor. Service trips can suitability of a trip, but the condition of the trail, or lack of a trail can be one day, a weekend or several days. Much of the planning will be done change the degree of difficulty. An eight mile, 900’ elevation gain by the entity for which the work is being done. hike on a good trail would be easy to moderate, the same hike cross- country could be strenuous. Please call the leader and ask about the Trips wanted! To all Sierra Club Leaders: do you have a trip planned that suitability of the outing given your conditioning, particularly if it is you might like to see in the Desert Report? Desert Committee outings are your first time on that type of trip. sent to every chapter newsletter in California and Nevada. Listing with the If you have not participated in a service trip, give it some thought. Committee can increase participation - and gives you chance to meet They certainly involve work, but they are also a lot of fun. You have people from outside your local group. Please contact Kate Allen at an opportunity to not only help the environment, but to meet new kjallen@qnet.com or 661-944-4056 for further information. people and to work with staff who are knowledgeable about the area. Trips frequently include a hike the next day that may explore a Other sources of desert trips Other organizations sponsor desert trips. little known or seldom visited area, or even perhaps one that is Among these are the Desert Survivors, Friends of the Nevada Wilderness generally off limits to the public. and Utah Backcountry Volunteers. These are not Sierra Club organizations, For questions about a particular outing or to sign up, please nor are their trips necessarily endorsed by the Sierra Club; the information contact the leader listed in the write-up. For questions about Desert is given because it may be of interest to readers. It is up to individuals to Committee Outings in general, or to receive the outings list by determine the suitability of trips offered by other organizations. e-mail, please contact Kate Allen at kjallen@qnet.com or Desert Survivors: http://www.desert-survivors.org. Must be a member 661-944-4056. to participate. Name implies rugged, strenuous trips, and some of them Like nearly all organizations that sponsor outdoor travel, the are, but there are also some more moderate trips. Check ‘em out. Sierra Club is now obliged to require participants to sign a standard Friends of the Nevada Wilderness: http://www.nevadawilderness.org liability waiver at the beginning of each trip. If you would like to read Friends of Nevada Wilderness organizes volunteer restoration trips to help the Liability Waiver before you choose to participate on an outing, wild landscapes recover from noxious weeds, illegal vehicle use and other please go to: http://www. s i e r r a club.org/outings/chapter/forms/ impacts. You can explore scenic Nevada and help keep it wild at the same or contact the Outings Department at (415) 977-5528 for a time! Our trips are free, and the beautiful wild areas you get to enjoy are printed version. priceless! Please check the Friends website or their blogspot at http://nevadawild.blogspot.com for a list of upcoming trips. Utah Backcountry Volunteers: www.utahbackcountry.org Partners with agencies such as the Forest Service, Bureau of Land Management, and Park Service to identify on-the-ground projects and then conduct 8th Annual Ruby Rendezvous, Car-camp service trips that restore, repair and maintain our public lands. June 29-July 2 Friday-Monday Join us for one of the most memorable car camp/day hiking trips of the year. Visit snow-laden cirques and alpine lakes in the heart of the Ruby Mtns Wilderness Area in Northern Nevada. Four canyon of brilliant red rock and sheer walls. Shady areas frequent. days car camping with day hikes up various canyons. Evening Lots of wading. See lots of bright lights flashing after dark. entertainment by acclaimed Cowgirl Poet, Merilee Wright and About 28 miles round trip with pack, additional miles of day friends. Twelve course Basque feast in nearby Elko. Group share hiking. To reserve, send $20 made to 'Sierra Club' (refundable of expenses. For more information on past trips, visit deposit) to David Hardy, Box 99, Blue Diamond, NV 89004. 702 www.climber.org. For signups contact leader: Allen Tatomer, 875-4549. E-mail (preferred) hardyhikers@juno.com. CNRCC allentatomer@hotmail.com, (925-439-0434). SF Bay Chap/ Desert Committee Desert Committee Mazourka Canyon Carcamp Grand Staircase National Monument Escalante July 13-15, Friday-Sunday Coyote Gulch Backpack Escape from the heat of the cities and the crowds of the Sierras. June 29-July 4, Friday-Wednesday This canyon ascends from Independence, CA, into the highest Backpack in the Escalante Grand Staircase NM, Coyote Gulch parts of the Inyo Mountains with sage flats, ponderosa pines, and to Escalante River. Enjoy waterfalls and swimming at this time old mine sites. Saturday will feature a hike (M/S) to Wacouba of year. Hot season but pleasant along tree-lined creek in deep Peak, the highest in the range, and on Sunday we drive out to the { 16 } DESERT REPORT JUNE 15, 2007