Save
Medicine Lake Highlands
By Michelle
Berditschevsky and Peggy Risch
The Medicine Lake Highlands encompass one of those remote high places
where the bald eagle, fisher, coyote and fox are still in their natural
habitat,
and where
human
intrusions
are
mostly
unnoticeable.
You can stand on one of the mountains that form the rim of the
Caldera and view a sea of blue-green forested hills, lava flows,
the shining gem of Medicine Lake, and nothing else, all the way to
Mount Shasta.
Located on the next volcano over from Mount Shasta, some 30 crow
miles away. The Highlands comprise the largest shield volcano in
the U.S. This mysterious, geologically unique area is threatened
with industrial-scale geothermal development, which our research
has revealed to be neither clean nor green nor renewable.
The aquifer underlying the Medicine Lake Highlands is the source
of the largest fresh water spring system in California, feeding the
Fall River, Pit River and Sacramento. We must protect these pure
water sources, the fountainhead of life!
Since 1996, together with Native American allies, we've been in
the forefront of an intensive struggle to protect this superlative
landscape, and have filed the only lawsuit in the matter.
LAWSUIT
COURT DATE SET FOR SEPTEMBER 10TH
U.S. District
Court in Sacramento is the venue for the court hearing on our lawsuit
challenging
the approval of the Fourmile Hill geothermal
project in the Medicine Lake
Highlands.
On
September 10th at 9 a.m., Judge David Levi will hear both sides
of the arguments on nine points of law, and hopefully will grant
the relief we are seeking:
invalidation of the geothermal Save Medicine Lake Highlands
leases that were illegally awarded and renewed, and reversal of the
record of decision.
The Fourmile
Hill project was approved in May 2000, and following lengthy appeals,
Deborah Sivas of Earthjustice
Legal Defense Fund filed the lawsuit in June
2002 on behalf of the Mount Shasta Bioregional Ecology Center, Pit River
Tribe, and Native Coalition for Medicine Lake Highlands Defense.
The lawsuit alleges
violations of the National Environmental Policy Act, National Historic Preservation
Act, and Federal Trust Responsibility to Indian Tribes by the Bureau of Land
Management, the US Forest Service, and Calpine Corporation.
TELEPHONE FLAT LAWSUIT IN PREPARATION
Meanwhile, we've
been researching legal issues on the Telephone Flat geothermal
project,
and expect Earthjustice to file our coalition
lawsuit on the Telephone Flat geothermal project sometime in September.
In November 2002, under the new administration, BLM and the Forest
Service reversed their original decision on the Telephone Flat project,
denied in May 2000 because of its adverse environmental and cultural
impacts in a recognized recreational and cultural area. The reversal
followed a $100 million "takings" lawsuit by Calpine. We
filed an admin-istrative appeal of the reversal in February 2003,
which was subsequently denied by the agencies.
If we do not prevail in these two court cases, we plan to appeal
to the Ninth Circuit Court.
UPCOMING
WATER PERMIT HEARING
Another high
area of our concern is the water permit for these projects under
consideration by the
Regional Water Board. Water issues are right at the top
of reasons to oppose these projects, which pose high risks to the largest
fresh water spring system in California, feeding the Fall, Pit
and Sacramento Rivers.
We produced a two-inch-thick document to comment on the draft permit. The
public hearing will be in the fall, at a date still to be determined. CALIFORNIA ENERGY POLICY
CEC
SUBSIDIES - In the State of California arena, we have also
been challenging the rate-payer-funded subsidies of nearly $50 million
conditionally awarded to Calpine Corporation by the California Energy
Commission (CEC). We are weighing in heavily to demonstrate to the
CEC that Calpine has not met the conditions under which the awards
were granted and extended in 2002, and that CEC is justified in canceling
the subsidies. At present writing, CEC has not completed its review,
which may result in a public hearing in the next month or two.
THE
RENEWABLE PORTFOLIO STANDARD is a California bill requiring
renewable energy to provide 20% of the state's power by the year
2017. The California Energy Commission must report to the legislature
on how the state will meet this objective. The current draft proposal
has Siskiyou County targeted to provide about 1000 megawatts from
geothermal power, presumably from the Medicine Lake Highlands. At
current permitted power plant levels this would result in 180 tons
per year of the toxic hydrogen sulfide gas going into our airshed!
The proposal also calls for over 500 megawatts from biomass. We support
non-smokestack forms of renewable energy-like home generated solar
and wind power. Needless to say, we are also busy in other arenas,
working to influence this siting process and to protect our pure
air and water resources in Siskiyou County.
BACKGROUND
Despite the
Medicine Lake Highlands' widely recognized significance and sensitive
environment, Calpine Corporation has received government
approval for two 50-megawatt geothermal power plants that threaten
to transform this area into an industrial zone.
Each development
would cover up to eight square miles with power plant facilities.
Both projects combined would result in an initial 40 wells, million-gallon
toxic sump pools at each well pad, steam plumes, new roads, two transmission
line corridors, cutting a 1000-foot-wide swath through the forests for over
37 miles, and two 10-story high cooling towers spewing emissions laced with
heavy metals and toxic gases.
Calpine owns
66 square miles of leases in the Highlands and has publicly announced
plans to develop capacity for up to1000 megawatts, ten times the two currently-proposed
power plants! NATIVE AMERICAN
TRADITIONAL CULTURAL DISTRICT
With this campaign, as with our SAVE
MOUNT SHASTA project, we have
built a strong coalition with the Native American Tribes of our region
and beyond. Together we were instrumen-tal in obtaining a 1999 designation
by the National Register of Historic Places for the Medicine Lake
Caldera as a Traditional Cultural District covering 32 square miles.
A supplemental ethnographic study is currently underway to study
a larger area, with the result that the Traditional Cultural District
may end up encompassing more of the Highlands. The Ecology Center
has been providing a portion of the infrastructure for Native American
participation.
The Tribes are
currently working on a Cultural Management Plan for the Medicine
Lake Highlands, in cooperation with the US Forest
Service. The purpose of the plan is to define the values that will
protect traditional cultural uses of the Highlands and identify management
prescriptions to carry the protections out. The Tribes are also negotiating
a Participating Agreement for collaborative management and restoration
projects in the Highlands.
An extensive
Native Coalition is forming in support of protection for the Medicine
Lake Highlands. It includes the prestigious National Congress of American
Indians, Indigenous Environmental Network, Seventh Generation,
and International Indian
Treaty Council.
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