2/5/04 The Desert Sun article:
"Group tries new tactic in landfill fight"

|

7/13/00 Wasington Post reports
land exchanges unfair to the public

|

"Strokes and Chokes"
Desert Post Weekly editorials

 
 

DESERT SUN ARTICLE
February 8, 2008
local copy of Palms Springs Desert Sun article

Mecca Living Contitions Questioned
 

 

PRESS-ENTERPRISE ARTICLE
December 7,2007
local copy of Press-Enterprise article

Let land swap stand, former owners urge
 

 

LA WEEKLY ARTICLE
July 22, 2007
local copy of LA Times article

Architecture As An Alternative
 


LA Times Article
Dec 9, 2006
local copy of LA Times article

2 Still Fighting Dump Near Joshua Tree
 

 

LA WEEKLY ARTICLE
April 5, 2006
local copy of LA Weekly article

Astroturf Wars — The fight is on to halt a subdivision near Joshua Tree
 


DESERT TRAIL EDITORIAL
Mar 15, 2006
local copy of Desert Trail editorial

Examples for All of Us to Follow
 

 

JOJOBA FARMERS WIN MINERVA HOYT AWARD
Staff reports
The Desert Sun
December 27, 2005

DESERT CENTER -- Some Desert Center jojoba farmers have been honored as guardians of the desert for work opposing potential threats to Joshua Tree National Park.

Donna and Larry Charpied will receive the 2005 Minerva Hoyt California Desert Conservation Award.

The 2-year-old award is from the Joshua Tree National Park Association, a nonprofit group that raises money to support the park.

The group selected the Charpieds, founders of Citizens for the Chuckwalla Valley, based on the couple's activism during the past 15 years.

They are primarily known for opposition to a proposal for a massive landfill at an old mine site near the southeastern portion of the park.

The landfill, which opponents say threatens the sanctity of the isolated park, would accept thousands of tons of trash daily for decades under the proposal.

However, a judge in a lawsuit filed by the Charpieds recently threw out a land deal with the Bureau of Land Management that is critical to developing the landfill.

The couple has also opposed plans to use an aquifer beneath the park to store Colorado River water and is running a campaign to increase the size of the park.

"It is utterly amazing and humbling to us to have our names mentioned in the same sentence with Minerva Hoyt and Susan Luckie Reilly, the first recipient of this award," the couple stated in an e-mail after the award announcement.

The Minerva Hoyt award is named after a 1920s-era Pasadena socialite whose activism is credited with preserving land that is now Joshua Tree National Park.



PALMS SPRINGS DESERT SUN ARTICLE
DEC 3, 2005
local copy of Palms Springs Desert Sun article

Ruling finally ends proposal for landfill outside of Joshua Tree
 

 

PDF OF JUDGE'S RULING ON THE EAGLE MOUNTAIN LAND EXCHANGE
dated September 20, 2005 (posted 12/23/05)


 

PRESS-ENTERPRISE ARTICLE
December 20,2005
local copy of Press-Enterprise article

Environmental efforts honored
 

 

PALO VERDE VALLEY TIMES ARTICLE
December 8,2005
local copy of Palo Verde Times article

Figueroa honored for efforts to halt Eagle Mountain landfill


 

HI-DESERT STAR ARTICLE
SEPTEMBER 24, 2005
local copy of Hi-Desert Star article

Judge derails mega-dump bordering national park
 

 

PRESS-ENTERPRISE ARTICLE
SEPTEMBER 21, 2005
local copy of The Press-Enterprise article

Court deals blow to landfill plans
The judge voids a needed BLM acreage swap. LA County's trash may go elsewhere.


 

PALMS SPRINGS DESERT SUN ARTICLE
JULY 3, 2005
http://www.thedesertsun.com/apps/pbcs.dll/article?AID=/20050703/NEWS07/507030309/-1/NEWS0101

Indian art fits legend, man says
Aztec empire may have roots in Joshua Tree if theory holds


  Benjamin Spillman
The Desert Sun
July 3, 2005

Truckers and tourists speeding between Coachella and Blythe on Interstate 10 won't see a billboard pointing to the cradle of Aztec civilization.

But somewhere between the George S. Patton Museum in Chiriaco Summit and the Desert Center plaque marking the birthplace of modern health insurance, Alfredo Acosta Figueroa says the bygone inhabitants of Aztlán left their own imprint on the landscape.

Figueroa credits ancestors of the Aztecs, builders of an indigenous empire that Spanish conquerors in the 16th century said rivaled Venice, with creating a network of rock carvings, intaglios and prehistoric trails roughly from Joshua Tree National Park to the Colorado River.

Archaeologists question the claims that amount to a life's work for Figueroa, 70.

The longtime Chicano activist, miner and descendant of Chemehuevi and Yaqui culture, however, bolsters his theory by cross-referencing local geography with Aztec codices, stories by tribal elders and his interpretation of ancient petroglyphs.

"I know the stories, that is why I can tell you," Figueroa said during a walk to a tableau of 1,000-year-old drawings in the southeast corner of Joshua Tree park.

The petroglyphs in the park are about 50 miles west of the Palo Verde Valley and the Colorado River, a place Figueroa calls "la Cuna de Aztlán."

  Alfredo Figueroa

Bejamin Spillman, The Desert Sun

Alfredo Figueroa, a Blythe man of Chemehuevi and Yaqui descent, says petroglyphs in Joshua Tree National Park are part of a broader network of clues that indicate the lower Colorado River Valley between Laughlin, Nev., and the Gulf of California is "la Cuna de Aztlán," the mythical origin of the ancestors of the Aztec people.

A THOUSAND YEARS OF SOLITUDE
A series of rock drawings throughout isolated areas of the desert are said to be indicators that the lower Colorado River valley between Laughlin and the Gulf of California is "la Cuna de Aztlán", the mythical origin of the Aztec people.

They include:

  • Petroglyphs in the southeastern portion of Joshua Tree National Park.
  • Giant intaglios on the desert floor near Blythe.
  • Mountains throughout the region that appear to match imagery in Aztec drawings called codices.
 
 

Archaeologists have known about the drawings, as well as hundreds of others in the broader region, for decades.

But so far no one in the scientific community has interpreted the art.

Aztec creation story

Figueroa said he was led to the pictures during an attempt to connect the local landscape with the Aztec creation story, a tale that describes the journey of the Aztec, or Toltec, people from their origin in Aztlán to the site of their civilization in the Valley of Mexico.

The creation story, told in drawings or codices, describes the creation of the Nahua people, linguistic ancestors of the Aztecs.

It describes the sun setting into a "V" formation on the Atzlán horizon.

"I saw the sun set in that V," said Figueroa, describing how he watched the sunset during the summer solstice about seven years ago.

Later, he followed the direction of the sun to the horizon and found petroglyphs depicting the event from the creation story and in the codices.

"I was just overjoyed," Figueroa said. "Everything that I had thought, it came true."

By making connections between the Southern California desert and the Aztecs, Figueroa is creating a confluence of indigenous philosophy, Chicano heritage and environmental awareness.

"I think Alfredo's work can help bridge that distance that people of color feel for the land," said Robert Gonzales Vasquez, director of the Inland Mexican Heritage program and a supporter of Figueroa's research. "It is important to know our history," he said. "As Americans we have a historical memory of about 30 seconds."

'Cultural Crossroads'

Vasquez, 40, a resident of Redlands, is behind a presentation program called "I-10 & Aztlán: A Cultural Crossroads" that examines in part the impact of the Interstate 10 freeway on the Anglo, Mexican American and tribal communities it crosses.

It juxtaposes the freeway with the Colorado River, an earlier corridor for trading goods and ideas.

Gonzales said that by identifying Aztlán on a map, Figueroa is providing a boost to the Chicano cultural movement that celebrates the indigenous roots of Mexicans and Mexican-Americans.

"This isn't just one old guy in the desert who has been looking at the mountains too long," Gonzales said. "You are talking about identity politics."

Critics say Figueroa's claims placing the long-sought location of Aztlán near modern-day Blythe is a stretch based on the archaeological record.

They say Figueroa's political bent colored his research, and they question one of his primary archaeologist backers.

"What I see him doing is coming up with a theory and trying to fit the archeological data to that. It happens all the time," said Daniel McCarthy, a U.S. Forest Service archaeologist who has identified, cataloged and researched Southern California rock drawings for more than three decades.

McCarthy acknowledged that some of the rock art Figueroa cites in his arguments was probably drawn about 1,000 years ago, around 200 years before Toltec people are said to have arrived from the north in the valley that is now home to Mexico City.

But McCarthy also said modern tribal people, like the Mojave and the Quechan, along the lower Colorado River are part of an entirely different linguistic group than the Aztecs.

And the geographic expanse between the local desert and the Valley of Mexico, about 1,400 miles by air, has been traversed by countless people during the past millennium.

Varying accounts

The northern half of Mexico and southwestern United States are also home to many, many mountains, rivers, valleys and rock formations that could be matched up with Aztec art and history, he said.

"You can see whatever you want to see, like looking at clouds," McCarthy said.

Varying accounts place Aztlán in the Four Corners area of Arizona, Colorado, New Mexico and Utah and also in northern Mexico.

Still others refer to Aztlán only in the mythical sense.

It is often described as a state of mind for Chicano people who embrace their indigenous backgrounds.

Ken Hedges, former curator and "rock art specialist" at San Diego's Museum of Man, said Figueroa's take on the region's petroglyphs and topography isn't supported by academic research.

"He has got this interpretation of the landscape," Hedges said, describing research Figueroa has compiled into a presentation and a book. "They don't fit with what anthropologists and archeologists can find out in the area."

Academicians don't always appreciate the legitimacy of indigenous oral history and artistic accounts, say Figueroa's backers.

Matt Leivas Sr., a Chemehuevi man who is working to revive the Salt Songs of his ancestors, said he thinks Figueroa's work has merit.

Leivas said accepting Figueroa's connections requires patience and an open-minded stance to indigenous philosophy.

"It seems a little bit far-fetched at times," Leivas said. "But if you really sit down and put it together, it does begin to make sense."

'Sacred' landscape

Larry and Donna Charpied, jojoba growers and environmental activists in Desert Center, were with Figueroa when he first identified the Joshua Tree park drawings.

The couple, who are leading a fight against a proposed dump for Los Angeles trash, say the connection is one more reason to protect a landscape they believe is sacred.

Larry Charpied said he thinks the mysterious messages on the rocks provide needed insight into long-suppressed native philosophy.

"This is telling us the history of the human race so that future generations like us can see and learn from it," Charpied said.

Sam Cobb, a project coordinator for the Natural Resources Conservation Service, a branch of the U.S. Department of Agriculture, was moved enough by Figueroa's story to support funding to protect some of the sites.

Cobb, who works in Coachella, said he is working on a memorandum of understanding with the Yuma, Ariz., office of the Bureau of Land Management to find funds.

Cobb said the first level of funding would be used to better protect giant intaglios near Blythe from destruction by off-roaders and others.

"We just like the nature of it," said Cobb. "It promotes community. It is more than just you and me."

There for the viewing

Cobb said if the funding ever comes through, it would be the first community development project of its kind that he's been involved with.

"They are there for the whole country to see," he said of the intaglios, large figures depicting people and animals that are visible from the sky. "We are going to be encouraging people to go see them."

At the Joshua Tree park site, Figueroa, who has nine children and 26 grandchildren, jumps among references to his childhood in Blythe, stories from an activist background that includes everything from farmworker organizing to police beatings and fights against nuclear power, almost as quickly as he bounds among the rock drawings.

In addition to activist roots, Figueroa's ties to the Colorado River Indian Tribes Reservation date back six generations, and miners in his family have prospected in the desert since the La Paz gold rush in 1862.

He knows there are many people who doubt the connection he's drawn between the Southern California desert and the Aztec civilization.

But he's confident the connection is there.

"I have walked all of these mountains," Figueroa said. "I am not a cockroach from the library. I am a hillbilly. I lived in the caves."

 

The CA Democratic Council's Resolution of Opposition to the Eagle Mountain dump
June 19, 2005
http://www.ccaej.org/projects/desert_protection/opposition_resolution.html


Some things aren't for sale
June 24, 2005
By Mark Wheeler / Hi-Desert Star
http://www.hidesertstar.com/articles/2005/06/25/features/feature2.txt

Issues. Definition: "A point, matter or question to be disputed or decided."

Environmental. Definition: "All of the conditions, circumstances, etc. that surround and influence life on earth, including atmospheric conditions, food chains, and the water cycle."

Desert Landscape Forum. Definition: A recent gathering of activists in Desert Hot Springs, organized for the discussion of current and imminent environmental issues of concern in the desert southwest.

"Air," she said, and Penny Newman stepped to the mike with her announcement that, according to World Health Organization findings, parts of Riverside and San Bernardino counties have, "the worst small particulate air pollution problems in the world, only after cities such as Jakarta, Indonesia; Calcutta, India; and Bangkok, Thailand.

"Water," Newman went on to say, and announced how sources are being increasingly contaminated by a number of toxic substances, among them a chemical used in solid rocket propellant called "perchlorate," which research is strongly connecting to fetal and early childhood health problems, including retardation.

"Urbanization," the Center for Community Action and Environmental Justice executive director continued, and she asked how gratuitous mitigation fees could ever possibly pay for the environmental legacy of this country rapidly being plowed under in the interest of development and rampant profiteering. She answered the question herself - "It can't!" - and closed her address with the imperative. "Step forward. Be bold. Be daring."

Be informed

Organized by CCAEJ and the Citizens for Chuckwalla Valley, the Desert Landscape Forum's primary objective was to provide an opportunity for participants to share information. Approximately 150 people from all across the environmental-activist community in Southern California made acquaintance with one another, compared notes on their various projects, and traded insights each had learned from their own efforts to address challenges against environmental balance and health.

A full-day's schedule of speakers brought issues forward that spanned a continuum of interests. They provided detailed information on many subjects, among them the proposed megadump at Eagle Mountain, perchlorate contamination, windmill farm impacts, pressures on Joshua Tree National Park, and more.

Every presentation ended with open discussion and it was clear from the dialogue that activism, at least in the case of those activists present, has matured from the breast-beating of earlier, more emotional moods to a deadly-serious business of collecting credible information for use in very sophisticated protest.

Know what's at stake

Not just a scold fest, the forum's speaker schedule proceeded with each participant describing how his or her subject of interest involves very real potential for not only unsettling natural balances, but for unsettling also the quality of human life that depends at least somewhat on those balances.

Perchlorate contamination of water supplies, an example of an unsettling environmental interest that almost speaks for itself, has raised very active debate on federal and state levels, the audience was told. Individual communities, especially in the southwest and including some in Riverside County, are testing their wells and learning everything they can about how exposure to this chemical affects health.

Speaking on behalf of Joshua Tree National Park, chief naturalist Joe Zarki noted that these lands are part of the nation's heritage and are held in public trust for all to enjoy. The trespass and encroachment against them from social activities like off-road abuse, from industrial activities which foul the air, and from commercial activities hoping to establish high impact facilities and operations on the park's very borders, Zarki said could profoundly undermine the nation's monetary and inheritance investment in itself.

Take action

All speakers called for the public to take action. National Park Conservation Association program manager Howard Gross described his agency's efforts to persuade Congress to address funding shortfalls and maintenance backlogs in the national park system by 2016. He urged support for a bipartisan House bill, H.R. 1124, the National Park Centennial Act, drafted for just this purpose by 32 representatives led by Rep. Mark Souder (R-IN) and Rep. Brian Baird (D-WA).

Following Gross was Donna Charpied, jojoba farmer and 18-year fierce opponent of Kaiser Venture's plans to establish a 20,000 ton-per-day megadump on property in the Eagle Mountains which is bordered on three sides by JTNP. Citing a 1952 congressional law enacted to permit then-Kaiser Steel to operate a mine in the area, Charpied read a condition of that law which stipulated the lands would revert to public domain if Kaiser suspended mining or mining activities for any period of seven consecutive years.

Corporate decision closed the mine in 1983. Subsequent bankruptcy of Kaiser Steel and its reformation as Kaiser Ventures led to the company's proposal for use of the lands as a dump. Charpied and numerous other legal and watchdog groups cry "Foul!" accusing Kaiser of failing the conditions of the 1952 law and demanding the government take the lands back.

Making an argument that the government must, in the interest of public confidence, uphold its own decrees, and arguing on the basis of environmental studies identifying major impacts the dump would have on JTNP's ecosystems, Charpied called for new recruits to her "Give It Back!" campaign. "Get on our mailing list; write your Congressman," she urged, and the cheer of support and addition of new signatures to her list showed her speech had hit home.

Grass-roots hold fast

Some of the people present at the forum represented powerful organizations with connections going all the way to Washington, D.C. Most, however, were interested individuals and members of small, grass-roots groups whose connections don't extend much father than the local zip code. Yet, Peggy Newman, whose CCAEJ can take credit for some significant environmental victories over some not-so-insignificant opposition, says that grass-roots efforts are the heart of environmental activism.

"People know what they have and what they want," she declared and added for emphasis, "there is wisdom in the community." What Newman firmly believes is that much of the environmental destruction and social pollution carried on in the purported name of progress is readily recognized by many as an out-and-out assault against them and everything they hold dear. If they would organize, she advised, they would find they possess between them a most surprising array of skills which, if strategically oriented, could have most effective results.

Just exactly what people have and what they want is, of course, the crux of most disputes which have an "environmental" character. At least it is in this culture, or so it was implied in much of the general commentary at the forum.

The activists there did clearly recognize that for many people, the environment is worth no more than the value of its extractable resources, and air and water pollution are merely the "reasonable" risks we run in pursuit of prosperity. Newman's comment, then, that "people know what they have and what they want ..." would appear to beg the question: "Which people know and want what's best?"

A publication widely distributed at the gathering, published by the Political Economy Research Institute at University of Massachusetts-Amherst and titled, "The New Environmental Activists," identified this polarity between people in the book's forward as the single, most demanding challenge to the environmental activist's goals.

Describing the current state of affairs as one powerfully manipulated by those who "continue to claim we must sacrifice our environment, and trade our rights to clean water, air and land in exchange for paychecks and a strong industrial economy," the forward flatly rejects this kind of thinking. Arguing that our cultural beliefs are largely determined by those who manage our affairs, the forward goes on to call for leadership which will decide in favor of sustainable resource and economic management.

Those at the Desert Landscape Forum were only a few of the many all over the nation who are discussing this issue. They are organizing and mobilizing a leadership movement which has no stomach for poison in its water, pollution in its air, or trash on its national heritage. "Confront the power," Newman urged the audience. "Some things aren't for sale," the audience called back in reply.

Copyright © 2005 Hi Desert Star


RIVERSIDE PRESS-ENTERPRISE ARTICLE
APR 22, 2005
http://www.pe.com/localnews/inland/stories/PE_News_Local_P_earth22.58721.html


Desert warriors fight to halt landfill

They oppose a planned landfill.

12:45 AM PDT on Friday, April 22, 2005

By JENNIFER BOWLES / The Press-Enterprise

Earth Day

When: Today

What it does: Marks the anniversary of the modern environmental movement.

First Earth Day: Occurred in 1970, proposed by then-Wisconsin Sen. Gaylord Nelson as a nationwide grass-roots demonstration on behalf of the environment to force the issue onto the national agenda.

In the remote reaches of Riverside County, environmental activists from across the Inland region gathered on a crisp, sunny morning inside a shed on an organic jojoba farm.

The seed press and oil bottles were hard to spot in what really served as a war room of sorts, stacked with boxes containing thousands of pages documenting a 17-year battle against a proposed landfill near Joshua Tree National Park.

Farmer Donna Charpied has argued against seasoned lawyers to save a little-seen patch of desert at the center of controversy. On this morning, she and her husband, Larry, have invited members of the Sierra Club and other groups to get a close look at what they've spent much of their time protecting all these years.

Donna Charpied told them how she sees it.

"Our county is at a precipice,"

A nearby abandoned mine, she said, is slated to become one of the nation's largest landfills, taking in garbage from Los Angeles County for at least the next 90 years in canyons within a few miles of the park's most-pristine wilderness.

Or, if her vision comes true, the mine's boarded-up town would evolve into an educational center where visiting students would learn about astronomy, geology and other natural resources in the area.

"And when the students leave, the land will still be the same -- or we can be LA's toilet," Charpied said. Ontario-based Kaiser Ventures decided in 1988 to turn its former iron ore pits into a landfill capable of taking in 20,000 tons of garbage a day by train. Since then, the company and its subsidiary, Mine Reclamation Corp., have received all the necessary federal, state and county permits.

Los Angeles County agreed to buy the landfill for $41 million nearly five years ago but won't take ownership until lawsuits filed by Charpied and others are resolved.

"We don't want to turn over any money until we know that's certain," said Don Nellor, an assistant head at the Sanitation Districts of Los Angeles County. The site's fate will be known soon enough. U.S. District Judge Robert Timlin said he will issue rulings before he moves from Riverside this fall.

Desert Protectors

Donna and Larry Charpied, who live in a trailer on their 10-acre farm, have become the eyes and ears of a scrub-covered valley between Indio and Blythe, hugged by mountains that glimmer with waterfalls after a good rain.

When not tending to their jojoba bushes, the Charpieds drive along back roads looking for environmental hazards and hike into the rugged canyons where the landfill would be built. In courtroom battles, Donna has pleaded her own case and won key arguments against seasoned lawyers.

"If it weren't for Donna, the dump would already be there," said Penny Newman, executive director of the Center for Community Action and Environmental Justice in Glen Avon.

Amanda Lucidon / The
Press-Enterprise

"This is one of the cleanest parts in Riverside County and it needs to be defended," says Donna Charpied, of Desert Center, a long-time opponent of a proposed landfill.

"It has been her perseverance, her stubbornness and her commitment to her community despite all odds that has kept the battle going," Newman said.

The Charpieds believe the trash from the landfill will lure ravens and other predators of the threatened desert tortoise that are struggling to survive in the valley, and change the makeup of the national park by having trash-hauling trains pass within hearing distance of its southern border.

Riverside County Supervisor Roy Wilson said precautionary measures will prevent environmental damage. While he disagrees with the Charpieds, he said he respects the couple for sticking to their convictions.

"Both of the Charpieds are truly committed to the cause, they believe in what they're doing," Wilson said. Riverside County last approved the dump in 1997. Once operating, the county will get tipping fees up to $5 for each ton of garbage hauled across the county line and $1 per ton to buy wildlife habitat as part of the Coachella Valley's growth plan, Wilson said.

Becoming Active

Charpied, who grew up in Pittsburgh, got her first taste of activism as a teen-ager by pressing for pollution controls at steel mills. She spent four days in jail in 1979 after protesting a nuclear power plant on California's central coast.

She and her husband moved to Riverside County to learn about jojoba, which grows wild in the desert, so they could begin their farm. It didn't take long for them to get involved in the landfill debate.

"This is one of the cleanest parts in Riverside County and it needs to be defended," Charpied said. "Just as a human being I can't sit back and not do anything."

Charpied remembers when the first Earth Day, which is today, occurred in 1970 to galvanize a national environmental movement.

"I thought to myself 'there is something incredibly wrong here to set aside a day to celebrate the Earth and protect her,' " Charpied said. With humor and passion these days, she and her husband conduct tours of the landfill area, calling them "The Great Terrain Robbery Tour" and "The Trash Train to Disaster."

During an outing last month, they drove other activists by the railroad line that will haul the trash, revealing tracks so badly twisted they look more like a roller coaster. Charpied showed them how the trains will pass close to a school, and how tortoises threatened with extinction can get stuck on the tracks.

They drove by culverts below the tracks that dropped 20 feet on one side, giving any tortoise that happens to wonder in a potentially deadly fall.

"I didn't realize it was that bad," said Terry Wold, a Sierra Club member in Riverside, after the tour.

Nellor, of Los Angeles County, said the railway will be improved and drainage protections installed once and if the project gets underway.

Charpied hopes she can sell the idea of turning the abandoned town into an academic facility. Architects in Redlands are drawing blueprints, she said.

"To develop that into a world-class educational center would be a big plus for us," Charpied said, noting that jobs would be created for residents who recently lost their main employer, a private prison.

Despite what she said are financial offers to give up the landfill fight, Charpied said it won't happen.

But once it's over, all those boxed-up papers in her shed will be put to good use.

"I'll put them all in an industrial shredder and use it for packing orders," she said, adding her infectious laugh.

Reach Jennifer Bowles at 951-368-9548 or jbowles@pe.com


Desert Landscape: A Community Forum On Issues Affecting Our Desert Environment
June 11, 2005
Invitation
More Information


Desert Watch Newsletter
February 2005


The Hi-Desert Star's view: Battle against a mega-disaster
Monday January 31, 2005
Editorial Opinion / Hi-Desert Star
http://www.hidesertstar.com/articles/2005/01/29/editorial/opinion1.txt

The world needs people like Larry and Donna Charpied.

Seventeen years of adversity in the courtrooms and deal-making in corporate offices have not deterred the Charpieds from their original goal: protecting Joshua Tree National Park from a mega-dump.

Only the Charpieds know what their battle has cost in time, money and emotion. What is clear to the rest of us is they possess something rare: an unswerving allegiance to their personal convictions.

There are those who would have conceded the battle long ago. Maybe after the first decade. Maybe after it began to look like the government agencies sworn to protect the land seemed more interested in actually paving the way for a mega-dump than in preserving a national treasure and the wildlife therein.

There would have been little shame then in quitting.

But the Charpieds, once called "two hippies from Berkeley" by a government group's spokesperson, turned out to be a little more than that.

They have gone up against powerful Kaiser Resources and government agencies who stood to make a profit from the mega-dump in their back yard - and they have won.

There have always been losses, and permeating the tale of the fight for Eagle Mountain is the frightening possibility that fight might be lost.

But it is a battle worth waging, and one in which all of us who live in the desert should be invested.

After all, much of the nation would look at Chuckwalla Valley, Eagle Mountain and indeed Joshua Tree National Park and think "desert wasteland."

There are many who look at our home and say they are looking at nothing at all - empty land. Who cares if someone wants to fill that emptiness with trash?

It is for all of us who see a lively ecosystem and sanctuary where others see merely nothingness to guard the desert, to stand up and declare there is something here more valuable than the possibility for a dump.

If dumping 20,000 tons of trash each day every day for 117 years is deemed an appropriate use for land next to Joshua Tree National Park, imagine what might be deemed appropriate for the "empty" land near Joshua Tree, Yucca Valley, Morongo Valley, Johnson Valley or Flamingo Heights.

In having Donna and Larry Charpied as our spokespeople, we are blessed - but it's time for all the people of the desert to take a stand against the mega-dump. It's time for all of us to say, "Not in the national park's back yard."


Jojoba Warriors
January 29, 2005
by Mark Wheeler / The Hi-Desert Star


True Grit
January 29, 2005
by Mark Wheeler / The Hi-Desert Star


The Fight Against Eagle Mountain Dump
January 22, 2005
by Mark Wheeler / Hi-Desert Star
http://www.hidesertstar.com/articles/2005/01/22/features/feature1.txt

Take 20,000 tons of Los Angeles County Sanitation District garbage per day for 117 years, add an old mining site and some courtroom drama, stir in a liberal dose of jojoba oil and what you get is a small but important and most eloquent battle between the interests of profit and expedience, and those of homestead protection and environmental preservation.

Since 1987, various subsidiaries of the Kaiser Corporation have been obstructed in a plan to develop the old Kaiser Mine site near Desert Center as a behemoth trash dump. Standing determinedly in that plan's way have been two people, once identified by a spokesperson for Southern California Associated Governments as "two hippies from Berkeley."

In actuality, Larry and Donna Charpied have never even been to Berkeley, but they have been to Chuckwalla Valley. This is a desert byway of about 250 permanent residents just off of Highway 10, and it's where Kaiser's latest subsidiary, Mine Reclamation Corporation (MRC), wants to build what could very well turn out to be the biggest dump in the United States. The Charpieds object, and have objected since the beginning, because the Chuckwalla Valley is where they live.

Nothing Spoils Like Trash

The two jojoba farmers aren't afraid to admit their original interest in the matter was personal. They moved to remote Chuckwalla Valley to get away from metropolitan America with, in their opinions, its unrestrained expansion, monetary single-mindedness, and its inclination to waste more than it should. When they learned this metroarchy wanted to use their home as a dumpground for its discards and refuse, they reacted at the gut level and defiance rose in their voices to shout: "Not in our backyard!"

In addition to concerns for their neighborhood, the Charpieds were and still are lovers of natural desert landscape. They are firm believers in the need for sensible land stewardship and consider desert lands are as worthy of our best conservation and preservation efforts as are any other natural landscapes. At the very least, they insist, the desert should not be treated simply as a default zone for our metropolitan trash.

Fortunately for them, they are joined enthusiastically in this belief by a large number of other environmental defenders, among them some which are powerfully organized and connected. For these groups, the fight for Eagle Mountain, where the original mine dug it iron ore, has nothing to do with the Charpied's backyard. It has everything to do with environmental protection, and with holding even the greatest forces of corporate and metropolitan interest subject to the law of the land.

Raised in unison, the voices of opposition soundly denounce the proposed dump as an assault against community, a spoiler of desert-mountain lands, an encroachment on the fragile ecosystem of Joshua Tree National Park, and as a flagrant violation of the Endangered Species Act and the intent of that law to protect native habitat.

These many reasons for protest have been recently written into court language and argued in legal proceedings. The dump's progress is currently stalled in Federal Court and promises to be further challenged in the Ninth Circuit Court of Appeals pending the Federal Court's decision. Both sides in the case have been fully represented by accomplished legal counsel. However, it wasn't always so. In the beginning there were just "two hippies from Berkeley."

Taking sides

A relative newcomer to Chuckwalla Valley, having moved there with Larry in 1982, Donna decided to sit in on a citizen's evaluation committee meeting organized in 1987 to review a project proposed by what was known at that time as Kaiser Ventures. The idea was a megadump, to be owned and operated by the company, and to serve all comers.

At first, Donna didn't know what to think about the project. It could, she supposed, bring some sorely needed economic prosperity to the valley and, so far as she could assume, the company did own the land involved.

With further study, though, she and Larry came to realize the land in question wasn't really an open-and-shut case of private-property ownership. Instead, there was strong reason to believe the land actually belonged to the public. Furthermore, and of more immediate importance, a close reading of the environmental impact report showed numerous weaknesses in the project's plans for impact mitigation. To Donna's and Larry's unskilled but nevertheless keen eyes, the EIR was far from thorough in its completion and, therefore, was also highly suspect in its conclusions.

She and Larry took their observations to the Riverside County planning commission meetings where, between 1990-1992, the project was discussed in open hearings. During the process, the Charpied's comments developed into vigorous arguments against the proposal.

After 12 marathon sessions, the commission decided a megadump in the area would require too much water for operation and voted four to one to reject it. The county board of supervisors, on the other hand, disagreed. In Sept. 92, it voted in a 3-2 decision to approve Kaiser's application.

Kaiser Ventures and its landfill partner at that time, Browning-Ferris Industries, thought they had reason for celebration. What they didn't count on was a law suit filed the very next month in Superior Court of California at San Diego by the Charpieds. By then the couple had determined the dump was one bad idea that would never see the light of day if they could do anything to stop it.

How-to lawyers

Looking back on the '92 lawsuit, the Charpieds now laugh at their audacity.

"We couldn't afford legal counsel," Donna recalls, "so we decided to represent ourselves."

Considering Kaiser and BFI between them had the money for the best legal counsel, and considering Riverside County, with all its political muscle, stood to make a commission on every ton of trash deposited in the dump, it did seem somewhat unrealistic for two desert farmers to presume they could win anything in court against such opponents but ignominious defeat.

Yet, win they did.

Donna found a book called, "Reversing a Development Approval in the California Courts." She went to libraries and studied case records and attended public hearings to learn about courtroom protocol and formality.

For his part, Larry read up on lawsuit documentation and applied himself to typing their case's briefs and notes-of-record.

The substance of their case rested on the EIR. Project proponents argued that the report showed all impacts from the dump itself and from the large-scale system needed for trash transport could be effectively mitigated. Challenging this conclusion, the Charpieds opened the report to page after page and asked: "Where is there any study evidence in this document or any authoritative evaluation to support the claims?"

No such evidence could be found. After searching for it until 1996, the judge finally declared the EIR unsatisfactory. In addition, she rendered all construction and operation permits already issued by Riverside County, "null and void." The Charpieds breathed a sigh of hard-won relief.

Down but not out

Having spent a small fortune on the court case, BFI, which at that time was the project's bankroll, pulled out. Left to its own devices, Kaiser's MRC completed another EIR and applied for and received new permits. Moreover, the company had a new plan. Instead of owning and operating the dump itself, it would sell the land and the project to LACSD, which agency leaped at a chance to clean up its own backyard, and to make money in the process by selling access to its landfill to neighboring counties.

This plan looked like a dump-deal made in Heaven, until the nettlesome Charpieds once again stood in the way. They weren't alone this time, though. By now, they had allies, and their protest had a new argument.

In 1999, they brought suit in Federal Court charging the company and federal land use agencies with violation of Congressional Law. By terms of their case, the lands in question belonged to the public domain.

(To catch up with the Eagle Mountain battle's current status, see next Saturday's paper.)

Copyright © 2005 Hi Desert Star


ARTICLE FROM THE DESERT'S GLBT PUBLICATION -- THE BOTTOM LINE
November 2004
Taking The Pulse of the Desert:
The California Protection Act turns 10
http://www.psbottomline.com/current/feature4.html


Photos by
H. Gross/NPCA & NPS

CALIFORNIA
DESERT PROTECTION ACT
Signed into law October 31, 1994

• Designated Joshua Tree and Death Valley as national parks

• Added 1.2 million acres of land to Death Valley National Park

• Added 234,000 acres of land to Joshua Tree National Park

• Created 1.4 million acre Mojave National Preserve

• Protects 6.37 million acres of land managed by BLM

• Designated nearly 3.5 million acres of BLM land as wilderness


By Steve Brown
Photos by H. Gross/NPCA & NPS

It’s been 10 years since Senator Diane Feinstein saw the first piece of legislation she penned passed by Congress after being kept in committees for seven years. Senator Alan Cranston had created an earlier version of a bill that became the foundation for Feinstein’s California Desert Protection Act, passed On October 31, 1994.
The act still stands as a major landmark in attempts at preserving the stunning vistas and diverse life of the state’s deserts. It changed Death Valley and Joshua Tree national monuments to national parks, created the Mojave National Preserve and established numerous federal wilderness areas. The act protects 6.37 million acres of land managed by the Bureau of Land Management.
As celebrations take place across the desert marking the 10th year anniversary of the passage of the act, how do those involved in conservation efforts view the act 10 years down the road? Has it been a panacea that assures the continued survival of California’s desert lands and the threatened and endangered plants and animals dependent upon its fragile ecosystem? Or has the act’s weaknesses and omissions become more obvious — and serious?
If such a thing is possible, it may be that the act, a bold and ambitious move to protect our desert lands, has been an unqualified qualified success that has engendered additional victories for conservation beyond what was foreseeable a decade ago.
“It has done many amazing things,” said George Barnes. Barnes is the Sierra Club’s chair of the club’s California/Nevada off-road vehicle task force and the Death Valley task force of the California/Nevada Desert Committee. “But it has a long way to go. There have been numerous individual success stories from our perspective, with the expansion of the National Park Service units clearly front and center.”
Barnes noted there are challenges that continue to rise, challenging the ongoing success of the act, including the severe under-funding of the management agencies overseeing the implementation of the act, the BLM and NPS, that hampers their ability to properly execute their mission under the act. The issue of a lack of funding for these agencies is one echoed by many of Barnes’ colleagues, and is a concern for those within them as well.

“At the level we think as professional managers we should be managing to, the business plan done in 2001 points out we’re $2.6 million short, from an operating budget of $4 million to $6.2 million,” said Joshua Tree National Park Superintendent Curt Sauer. “We have the support of Congress, but it’s a balancing act and a matter of priorities… We’re Band-Aiding it together… We are holding this operation with 13 to 15 vacant positions… We could employ another 13 people here over and above the 13 positions that are vacant. Easily.”
Un-funded pay raises and other personnel costs along with Homeland Security costs stretch Joshua Tree’s operating budget thin. Leaving positions dark is a creative move that allows money that would have been used for salaries to cover these costs. It may provide a quick fix for now, but over the long run, national parks, and those who visit them, suffer.
“The California Desert Protection Act has been great for the desert parks, but we have to provide them with the funding needed to ensure national park staff can adequately manage them to ensure their resources remain unimpaired for future generations,” said Howard Gross, a field representative for the National Parks Conservation Association based in Joshua Tree. “Their budgets have remained flat since Fiscal Year 2001, but at the same time we’ve had inflation, cost of living increases and un-funded mandates. Their ability to do their jobs is quickly eroding.”
Still, Sauer is optimistic about the possibilities of what can be done at the park. With about a quarter of a million acres added to the park through the act, and 25 percent more visitors since the transition from national monument to national park, he sees reasons to be positive. He said he remains convinced that if the park had the funds to implement its programs properly, many local residents would jump at the chance to help work to restore Joshua Tree.
“But what I see as the most impactive to Joshua Tree National Park is the local citizens’ pride of ownership,” Sauer noted. “The people that live here still refer to Joshua Tree as “the monument,” but are well aware that it’s a national park that deserves to be preserved. I think our four-day celebration (for the park’s 10th anniversary) demonstrates how wide the support is – chambers of commerce, city governments, groups from the innkeepers to other businesses are all actively planning these celebratory events. The other thing that really impresses me are the people who work at this park. They are committed. I’ve been trying to get them to slow down and celebrate a little bit, but they want to get on to the next project.”
Elden Hughes, the chair of the Sierra Club’s California/Nevada Desert Committee, was the voice of the California Desert Protection Act during and after its battle to become law. Hughes intimately knows the lands preserved by the act. He also knows the stunning successes of the act, and its shortcomings.
“It certainly is only partially implemented,” Hughes said of the act. “Yes, they’ve done Herculean efforts marking the boundaries of the wilderness areas, but there is still trespassing. The BLM are experts on making routes [into wilderness areas] disappear, which helps people stay on the intended route. The main problem has been funding for the BLM and NPS. Under neither the Clinton or Bush administrations have they been adequately funded, though it has been a lot worse lately. But that’s the main problem: funding, so the laws can be implemented and enforced. It’s no manner of failure, it’s just not what it could be.”
The fact that the act even passed in Congress is “amazing,” according to Hughes. And the implementation of it, however imperfect, has had some very positive side effects, he noted.
“The railroads got the point where they wanted to sell their lands in the desert,” Hughes explained. “In Arizona, they sold to developers who cut them up into 40-acre ranchos, almost certainly wiping out wildlife and closing the dirt roads we love. In California, because of the act, The Wildlands Conservancy, over about three years, purchased about 650,000 acres [for preservation]. It creates a wildlife corridor from Joshua Tree to Death Valley 100 miles wide. This is amazing. The biggest success of the act is trying to keep the desert we all love in the form we all love.”
Hughes added there were items left out of the legislation that became the act. Potential wilderness areas were omitted because of the possible expansion of Fort Irwin. That expansion has been resolved since, and Hughes said those wilderness areas should now move forward. Other areas have also had issues preventing them from becoming wilderness a decade ago resolved, leaving them candidates for wilderness designation now.
“It’s failed to be fully implemented, but it will happen,” Hughes said. “I’m not disappointed.”
As for implementation of the act?
“That’s ongoing,” he explained. “Should we be celebrating? You bet.”


What’s left out?
On the southern border of Joshua Tree National Park stands the scarred hills that are reminders of the Kaiser iron mining operation at Eagle Mountain. The lands surrounding the mine are the site of an enormous planned landfill that could accept up to 20,000 tons daily of Los Angeles County and local garbage by rail and truck, for up to 117 years. The potential for a variety of serious environmental problems stemming from the Eagle Mountain dump, from groundwater, air, light and noise pollution, to desert tortoise predation by an increase of ravens caused by plentiful pickings at the dump, have been a cause worth fighting for by Donna and Larry Charpied, organic jojoba growers who live nearby. They have fought the dump for 17 years.
“The California Desert Protection Act really needed to take it a step further,” Donna Charpied observed. “It really should have included that 29,000 acres of land that was originally part of the [Joshua Tree National] Monument.”
Charpied noted that opposition to the dump that has prevented it from becoming operational has prevented 85,000 tons of air pollution over the 17-year span, along with 21 gallons of “garbage juice” per acre per day that would likely leak through flaws in the dump’s lining materials.
The Charpieds, who have often used their own funds to carry on the battle to return the mining lands to the national park, as a pair of 1950s-era laws indicate should happen after the conclusion of mining activity, are now assisted in their “Give It Back” campaign by grants from the Ben & Jerry Foundation, Common Cause and the Center for Community Action and Environmental Justice. The National Parks Conservation Association is also battling to stop the dump.
Whether the dump ever becomes operational remains up in the air. The Charpieds have met a number of times with Senators Diane Feinstein and Barbara Boxer’s offices and are optimistic the land in question may revert, rightfully and legally so, they say, back to the national park for preservation.


What was left undone
If there is one example of what was left undone after the passage of the California Desert Protection Act, it is the endangered desert tortoise. The tortoise, the official state reptile, has been declining throughout the past decade, with no real sign of turnaround.
“At best it [the CDPA] has had a neutral impact on the tortoise,” said Mike Connor, executive director of the Desert Tortoise Preserve Committee. “On the good side, it’s protected some habitat, but only a small amount. Under the CDPA, a lot of areas were designated as wilderness, but unfortunately that wilderness tends to be mountain tops — not good tortoise habitat.”
Tortoises prefer to live in the broad desert valleys, which puts them in direct competition with people who find them attractive. Housing, off-road vehicle recreation and highways all take their toll on the tortoise.
Connor supports the construction of tortoise fencing along the roadways that cross the Mojave National Preserve and serve as the back roads for Californians on their way to Las Vegas. The 18-inch fencing would prevent unnecessary tortoise deaths, as well as cutting back on general highway road kill. This in itself has a beneficial effect on the tortoise population as less road kill provides less food for the raven population. Ravens prey on the tortoise young. Less of them means less tortoise predation.
Off-road vehicle users are also fighting for access to the same lands the tortoise calls home. Some governmental ecological plans to help the tortoise recover have been waiting for implementation for years, while the tortoise continues to vanish.
“Heavy vehicle use means no tortoises,” Connor explained. “One problem is tortoises tend to be attracted to roads. You get [water]runoff on the side of the road so there are weeds growing there. The tortoises know about that and come to the road. When we propose reducing route density or closing routes, we get the off-road vehicle people up in arms. The auto industry is pretty big. The tortoise has its lobby, but it’s pretty limited.
“If you have a species listed under the Endangered Species Act, the whole point of listing it is not to have scientists stand there and watch as it goes extinct, but to work to recover it so you can take it off the list,” he added. “That’s what we want — the species to recover. It’s not going to recover unless we take some of these basic steps.”


The science of it
Desert ecologist Daniel Patterson works for the Center for Biological Diversity, a science and law-based environmental organization known for its aggressive attempts to get government agencies to enforce conservation-oriented laws. Patterson said he sees the main problem with implementation of the act as poor management and lack of funds to properly fulfill its mission.
“The biggest challenge to me is just poor on-the-ground management, largely from the BLM,” Patterson explained. “They have a lack of adequate staffing and funding dedicated toward natural resource protection projects and an overemphasis on recreation like off-road vehicles that are very damaging and resource intensive to try to manage. The BLM could really use a slap in the face wake-up call to pay attention that it [the desert] is a conservation area. The California desert was designated by Congress as a conservation area in 1976 — long before the CDPA ever passed. The BLM still, I don’t think, has come close to living up to that conservation mandate.”
Patterson ranks poorly managed off-road vehicle use and urban sprawl as two of the biggest threats to the desert’s ecological well-being.
“You’ve got 20 million people in Southern California living very close to these conservation lands in the California desert, and you can’t ignore Las Vegas with millions of people living there,” he noted. “You’ve got a fragile landscape that is in high demand and should be accessible to the public, but accessible doesn’t mean you can drive on every square inch of it.”
The plight of the tortoise and other species also worries Patterson.
“The desert tortoise is really in a steep, steep decline,” he explained. “There are big parts now of the California desert where the tortoise has largely been extirpated and lost in huge areas of its range… Especially in the Coachella Valley area, the flat-tailed horned lizard still has not been granted protection under the Endangered Species Act despite its severe decline in many areas.”
So, why hasn’t the lizard been listed under the ESA?
“It’s just pure blatant politics,” Patterson said. “The Secretary of the Interior doesn’t want to list any species under the ESA because when they get listed that’s when the actually get protected. Absent a listing, endangered species, all they get is lip service… It’s a real problem, so we end up having to go to court and getting court orders for them to do their job… We’ve got these government-sponsored criminals really, who are consistently violating the law. It’s the same people doing it over and over again… We need to find a way to hold these bureaucrats responsible.”
With all the threats to the desert remaining, Patterson said he remains hopeful.
“I have to be,” he noted. “If I didn’t feel like we’d have a chance of protecting the ecosystems of the Southwest deserts or recovering the desert tortoise, I’d be wasting my time. It’s a hard job to have some days… Long term, the desert’s going to be there. There are always going to be pretty big areas of the desert that are undevelopable. Whether or not we’ve got the same web of life, the same wildlife out there, that’s the real question.
“The California Desert Protection Act? I’d call it a big success. The main people pushing the bill and got it made into law didn’t think the act was going to be the be-all, end-all of efforts to protect the California desert. I don’t think they think that now.
“It has very much helped to change the landscape socially and politically in the California desert, but 10 years is really not a lot of time to see the big shifts the CDPA has helped to start make happen,” Patterson concluded. “I think the next 10 years could even say more about what the real effect of the act has been.”


Joshua Tree to mark milestone -- 10th birthday: The national park's new superintendent pledges to protect nature's gift.
November 12, 2004
http://www.pe.com/localnews/corona/stories/PE_News_Local_park12.57e57.html


Survey Team Examines Give It Back! Lands
July 2004
survey.html


LA WEEKLY ARTICLE
July 9-15, 2004
The Fight for Eagle Mountain
http://www.laweekly.com/ink/04/33/features-lewis2.php


LA WEEKLY ARTICLE
July 9-15, 2004
What's Killing Joshua Tree National Park?
http://www.laweekly.com/ink/04/33/features-lewis.php


RIVERSIDE PRESS-ENTERPRISE ARTICLE
FEB 5, 2004
http://www.pe.com/localnews/desertpass/stories/PE_News_Local_joshua05.59e8f.html


Push to reclaim mining pit begins

JOSHUA TREE: Supporters want to prevent the federal government-owned site from becoming a landfill.

12:02 PM PST on Thursday, February 5, 2004

By JENNIFER BOWLES / The Press-Enterprise

Claiming that two 50-year-old laws are on their side, environmental groups launched a campaign Wednesday seeking the return of 30,000 acres to Joshua Tree National Park.

The goal of the campaign is to get Congress to preserve the land under park ownership and, by doing so, stop an iron-ore pit on the land - within a few miles of the park's wilderness areas - from becoming one of the nation's largest landfills.

"It's just so inappropriate," said Donna Charpied of Citizens for the Chuckwalla Valley. "So we're saying just give it back."

The 30,000 acres, mostly public land overseen by the U.S. Bureau of Land Management, once was inside the boundaries of the parkland, then known as Joshua Tree National Monument, Charpied said. A law passed by Congress in 1950 omitted the land from the monument area to permit mining, but stated the land should revert to Joshua Tree if not used for mineral purposes, Charpied said. A second law in 1952 said the land would revert to public ownership if operations were halted for seven years in a row, she added.

Ontario-based Kaiser Ventures, whose former company, Kaiser Steel, operated the iron-ore pit until 1983, and its landfill developer, Mine Reclamation Corp. of Palm Desert, said the trigger to return the land hasn't occurred.

Some mining and related activities have continued since 1983, said Kay Hazen, spokeswoman for Mine Reclamation. The company sold the landfill to Los Angeles County, which is waiting for legal challenges to be settled before taking ownership.

"There's no way a garbage dump can be construed as mining," Charpied said.

Joe Zarki, a park spokesman, said the National Park Service first would have to determine if the land is suitable and safe before even considering if it would want the land.

But Zarki said, "There is this law out there, and at some point it will need to be addressed."

The environmental campaign also is supported by the National Parks Conservation Association and the Center for Community Action and Environmental Justice in Glen Avon.

Reach Jennifer Bowles at 909-368-9548 or jbowles@pe.com

 

PALMS SPRINGS DESERT SUN ARTICLE
FEB 5, 2004
http://www.thedesertsun.com/news/stories2004/local/20040205004520.shtml

Group tries new tactic in landfill fight
Old laws call for acreage to go to Joshua Tree National Park

By Benjamin Spillman
The Desert Sun
February 5th, 2004


EAGLE MOUNTAIN -- Environmentalists opposed to a planned landfill near Joshua Tree National Park are dusting off legislation more than five decades old to aid their cause.

A coalition led by long-time landfill opponents says the old laws call for the Bureau of Land Management to return nearly 30,000 acres of land to the park rather than sell it as a repository for trash from Los Angeles County and the Coachella Valley.

Landfill developers say the property is already sold and, save for a pending lawsuit, ready for construction of the massive dump.

The environmentalists’ legal retrenchment is part of an ongoing war of attrition they hope will discourage the Sanitation Districts of Los Angeles County from its pursuit of Eagle Mountain Landfill.

They argue laws passed in 1950 and 1952 that set aside about 265,000 acres of desert for mineral exploration also called for the land to be returned for preservation once mining stopped for at least seven years.

The Desert Protection Act of 1994 conserved most of the former mining land but not about 30,000 acres that includes the defunct Kaiser mine, surrounding ghost town and the proposed landfill site.

"Just give it back," said Donna Charpied, a Desert Center jojoba grower who for years has led opposition to the landfill proposal. "It is not going to cost taxpayers anything."

But landfill backers say not only is it too late to invoke the so-called "reverter" provision in the old laws, abandoning the landfill would be a setback to environmental and trash management efforts throughout Southern California.

Besides, said Gary Johnson, a director for Mine Reclamation LLC of Ontario, the company that operated the mine hasn’t abandoned the site for seven years, even though iron ore mining there ceased in the 1980s.

"Kaiser has sent cars down the rail line at least once every seven years to do maintenance on the rail lines," Johnson said. "It is just a bogus claim."

Johnson also cited a laundry list of permits and approvals for the project as well as the millions of dollars it would yield for everything from Riverside County’s general fund to acquiring land for conservation in the Coachella Valley.

At peak capacity, the Sanitation Districts of Los Angeles County envisions

Eagle Mountain swallowing 20,000 tons of trash per day. That is about half of what is generated in Los Angeles County, according to Don Nellor, of the waste management department in the Los Angeles district.

But achieving that goal would require more environmental studies and approvals.

Johnson said the volume is important locally because Riverside County stands to gain $2.75 to $5 for every ton of Los Angeles County trash hauled to the landfill. Johnson said the landfill would also generate another $1 per ton for an environmental trust account that could go toward enacting the Coachella Valley Multiple Species Habitat Conservation Plan.

That plan is a proposed 75-year map that would balance growth and environmental protection in the valley.

Another 10 cents per ton would go to a non-profit organization that would support Joshua Tree National Park, Johnson said.

"My mind is boggled by the Charpieds’ opposition," Roy Wilson, Riverside County Fourth District supervisor, said of Donna Charpied and her husband, Larry. "The impacts are virtually non-existent."

Wilson, a landfill supporter, accused the Charpieds and other opponents of juxtaposing the notion of an uncontrolled landfill with the pristine nature of the park.

"They’ve created a lot of hysteria," Wilson said. "Conceptually, it just sounds bad."

Despite the proposed use of cutting-edge landfill technology at the proposed dump, there are new concerns about the impact it could have on the endangered desert tortoise.

A study published last year indicated that juvenile tortoises near landfills are more likely to be attacked by ravens than those living in open desert or even near known raven nests.

Among fake tortoises planted by researcher around the Mojave Desert, 100 percent of those placed within about two miles of landfills were pecked by ravens. Near raven nests, the rate was about 50 percent and in open desert it was, "close to zero."

"Even though there is a lot of food at landfills, the ravens will still be wandering away from the landfill looking for food," said William I. Boarman, an author of the study.

The latest challenge to Eagle Mountain comes as people on both sides await a judicial ruling on the legitimacy of the land deal between the BLM and the landfill developers.

Howard Gross, a spokesman for the Joshua Tree branch of the National Parks Conservation Association, said landfill opponents won’t give up the 17-year-old fight.

"The longer we can keep up the fight, the better off we will be," Gross said.

------------------------------------------------------------------------

Benjamin Spillman can be reached at 778-4643 or by .

------------------------------------------------------------------------

 

PRESS ADVISORY

WASHINGTON POST REPORTS LAND EXCHANGES UNFAIR TO PUBLIC

JULY 13, 2000

Contact: Donna Charpied (760) 392-4722 * Penny Newman (909) 360-8451

Taxpayers are being swindled by millions of dollars through land exchanges, like the one involving the Eagle Mountain dump, according to a report released by the General Accounting Office.

Land exchanges between Federal Agencies and private entities are suppose to incur a large public benefit. But, the "program is so riddled with problems and abuses that Congress should consider banning trades altogether, the report from the General Accounting Office concludes", reports the Washington Post.

The land exchange for the Eagle Mountain dump is between the Bureau of Land Management (BLM) and Kaiser Ventures/Mine Reclamation Corporation (Kaiser/MRC). The trade involves the BLM giving the developers some 3,500 acres of land that are in close proximity to Joshua Tree National Park, and a complete 460 acre town. To make the exchange "even" in accordance to Federal regulations, the developers will give the BLM some 2,800 acres comprised of 10 separate tracts of land, each of which bisect a dormant railroad that will be reactivated to haul 20,000 tons of garbage daily for the next 100 years. It has been recently discovered that a portion of the lands the public receives lie inside and abut the Chocolate Mountain Gunnery Range (i.e. live bombing range).

The GAO report comes as no big surprise to Donna Charpied, who along with her husband Larry, The Desert Protection Society, and the Center For Community Action and Environmental Justice (CCAEJ), have filed a Federal lawsuit to among other things, reverse the land exchange.

"This only reinforces what community activists and environmental organizations have been saying all along, says Donna Charpied, Coordinator for CCAEJ Desert Protection Project. Giving the polluter's land next to Joshua Tree National Park in exchange for lands bisecting a railroad let alone in and abutting a bombing range, flies in the face of logic. It's no wonder people are losing faith in Government".

With reference to the Group of lands the public gets in and abutting the bombing range, the BLM state in the 1997 Record of Decision, "Consolidation of Federal lands in this area would simplify management and enhance recreational opportunities?". The lands in question actually complicate their management and deters recreational opportunities.

"We have been diligently trying to make decision makers realize that this exchange of lands is nothing more than a taxpayer's rip-off. I hope Congress heeds the GAO's recommendation to impose an immediate moratorium on land exchanges. That moratorium ought to also reverse exchanges that are pending in the federal court system", Larry Charpied stated from his Eagle Mountain certified organic jojoba farm.

Among problems with BLM approving the land exchange

  • Increases probability of a derailment with approximately 10 miles of trash train track inside the live bombing range.
  • Sanctions reactivating a railroad to transport 40 million pounds of garbage daily, mere 2600 yards from to Joshua Tree National Park.
  • Allows railroad construction in the Salt Creek area exacerbating the extinction of the endangered desert pupfish.
  • 14 scheduled train trips daily ripping through designated critical habitat for the desert tortoise, a listed threatened species.
  • Reactivating the railroad will disrupt the migration paths of the majestic Bighorn Sheep and the prehistoric desert tortoise to probable extinction of the species in the area.
  • Disturb the endangered Yumma Clapper Rail that migrates through the area.
  • Facilitates 5000 tons of air pollution to be pumped into the region annually
  • Destroys forever, precious resources of Joshua Tree National Park
  • And on and on