From Deseret News archives:
Goshutes suing the feds
They are contesting tribal election and N-waste land issue
Several plaintiffs are asking for a "fair and formal election" to replace the current tribal officers, who were allegedly "recognized due to flaws in the procedures whereby they were elected or reaffirmed," according to court documents.
They also are asking that the decision regarding land-lease approval for a proposed nuclear waste site be reopened and allow public participation that would include the 124 enrolled members of the Skull Valley Band of Goshutes. The lawsuit says the plaintiffs were not allowed to participate in the lease-approval proceedings.
The lawsuit claims the group has been dealt with "unfairly" in issues surrounding the executive order of the band. Previous election disputes are affecting major decisions that could impact the condition of the area, the plaintiffs claim.
The primary issue at hand is the land lease that would permit the storage of high-level nuclear waste from a number of plants around the United States, where electric power is generated using nuclear fuel. As stated in the lawsuit, the plaintiffs are calling it a "genuine question of fact whether the lease was approved by the proper authority."
Plaintiffs in the suit allege the lease was negotiated unfairly and claim the decision to lease the land was made under "abused discretion." Other defendants include Gail A. Norton, secretary of the U.S. Department of the Interior; Wayne C. Nordwall, regional director of the Bureau of Indian Affairs; and Chester Mills, acting superintendent of the Uintah and Ouray Agency.
The plaintiffs say they are acting with strong interest and "deep concern about the proposal to store nuclear waste on the Skull Valley Reservation."
Reasons for the suit include the hazardous nature of the material, potential accidents and leakage, the uncertain status of a permanent repository and the distribution of financial benefits, according to court documents.
E-mail: wleonard@desnews.com
