The High Country Report, High Country Citizens’ Alliance’s newsletter is produced semi-annually. You may read the text from individual articles from the most current newsletter by using one of the program area selections on the left, or you may view the entire Autumn 2009 Newsletter. If you'd like to read past issues of our newsletter, you'll find an online archive of them at this link.

In early August 2009, a film produced by High Country Citizens' Alliance about the Mt. Emmons mining controversy began arriving in mailboxes across the country. Red Lady: The Battle For Your Mountains is a short film directed by Jeremy Rubingh that highlights the three decade fight to prevent the impacts of mining on Mt. Emmons. Supported by a generous individual donation, the film features interviews with local officials, industry representatives, mining experts and those impacted by mining in other areas of the country. Imagery of Mt. Emmons (known locally as Red Lady) and the surrounding area provides a stunning backdrop for the film and allows the viewer to grasp the issues at the heart of one of the country's longest running mine fights.

We are excited to be able to share this information and these points of view with a broad audience and to be able to do so in a visual format. Jeremy has created a compelling film that is important for people to see in order to understand how critical the Mt. Emmons issue is to the future of our area.

The DVD was distributed to nearly 10,000 individuals, reaching people in Gunnison County as well as across the country, including government officials in Denver and Washington D.C. High Country Citizens' Alliance seeks to promote reform of the 1872 Mining Law through the film as well as raise awareness about the Mt. Emmons issue.

A letter from our 32nd Red Lady-Dana Bradley

I want to tell you how honored I am to be your 32nd Red Lady. Wow! It is my hope that in this new administration that we all take a moment to honor ourselves and our neighbors, for it is a time to be grateful and get back to the basics of sharing and caring and fighting for what we all believe in. Times are tough but I feel that it is an opportunity to find new strength, ideas, hope, and a stewardship to push us forward to the world we all want to see. That means not having a mine in our backyard. Lets us come together in what ever capacity that we can to continue the fight for our valley and Save Red Lady. I am truly blessed and honored to represent this community as your Red Lady.

Forever Red,
Dana

Efforts to reform the 1872 Mining Law have come and gone for the past twenty years. However, recent efforts to achieve real reform of the Mining Law have progressed beyond the failed attempts of the past. Congress is currently considering two bills - one in the Senate and one in the House of Representatives - to reform the antiquated mining law. While the two bills differ, both would include provisions to eliminate the patenting process (converting federal lands to private ownership) as well as strengthen the authority of federal agencies to deny a mine based on environmental impacts. In addition, both versions of mining reform would include provisions to allow state and local governments to petition for certain areas, such as municipal watersheds, to be off-limits to mining.

High Country Citizens' Alliance worked with other organizations interested in the mining law to generate public support for mining reform in advance of a recent Senate Committee hearing on the reform package. Colorado Senator Mark Udall served as chair of the hearing, demonstrating his interest in the issue and willingness to represent the interests of Coloradoans concerned about mining impacts. Following this hearing, efforts continue in both the House of Representatives and Senate to shape reform of the package.

As always, politics continues to play a significant role in the future of reform. Senate Majority Leader Harry Reid from Nevada has long been identified as playing a key role in 1872 reform. His home state of Nevada hosts many of the country's most productive mines and is home to many supporters of mining. Senator Reid is likely to try to address the interests of his constituents as mining law reform progresses. Ultimately, Senator Reid's control over floor time for Senate bills will determine whether or not mining reform will take place in this congress or not. High Country Citizens' Alliance will continue to advocate for reform and monitor progress on bringing the1872 Mining Law up to date. When significant developments occur we will update our membership.

In the spring of 2007, press releases from the companies hoping to develop a mine on Mt. Emmons announced that the State of Colorado had approved a massive new mine tunnel at the project site. Many in the Gunnison Valley wondered how the approval could have happened without at least some amount of public notice and comment on a project with so many potential impacts and such a high level of public concern. As it turned out, Colorado mining law allowed certain types of mine related activities to be classified as "prospecting", thereby allowing approval without any public involvement. High Country Citizens' Alliance understood that the construction of a new mining tunnel should not have been described as prospecting, and promptly began the process of protest and litigation necessary to bring about proper public notice and comment opportunities for this sort of project.

The wheels of justice turn slowly, however, and HCCA continues to pursue the issue in Colorado District Court. During the summer of 2009 the court issued a strongly worded opinion denying requests by the State and US Energy Corp to have our case dismissed. The court's ruling gave a positive indication that Colorado citizens have the right to comment on mining approvals and that our case on the approval of the mine tunnel will uphold that right. As of 2009, no work has begun on the mine tunnel. HCCA will continue to pursue the ability to comment on this approval and others like it.

In conjunction with High Country Citizens' Alliance's effort to overturn the State of Colorado's illegal approval of the mine tunnel on Mt. Emmons, we have been at the forefront of an effort to modify the Colorado mining law to eliminate the confidentiality associated with certain types of mining activities. Senate Bill 228 was signed into law in 2008 and requires the Colorado Division of Reclamation Mining and Safety to develop and implement new procedures for public notice and comment on mineral prospecting activities. The State has begun a rulemaking process to institute Senate Bill 228 and HCCA has been an active participant. Along with participation by HCCA staff, we are represented at the rulemaking by our attorneys at Western Mining Action Project.

During the initial portion of this complex process we have achieved real progress in convincing the State to allow the public to appeal certain types of mine permit decisions. We are also actively pursuing requirements for strong environmental protections and the opportunity for the public to voice concerns that would be considered in designing environmental requirements for every mine permit. Our goal throughout this process is to avoid future situations like the surprise 2007 approval of the mine tunnel on Mt. Emmons. The State will continue the rulemaking with a series of public hearings held in Denver during the fall of 2009. The ultimate decision on which new rules to approve and implement will fall to a citizen advisory board called the Mined Land Reclamation Board. HCCA hopes the new rules will be in effect no later than 2010.

In an effort to bring about positivism, unity and awareness, the community was asked to think of how they would like to see Red Lady, rather than encumbered by a massive mining operation. What came forth were over 100 prayers written for Red Lady by a diverse palette of individuals. Six local artists: Angela Carroll, Debbie Phelps, Lucille Lucas and Sarah Bartow on a collaborative flag, Bob Wojtalik and Kent Cowherd, set the words to art. This outpouring of spirit has truly been a community-wide project.

Tibetan prayer flags date back several thousand years as a means of sending prayers to the deities. They were created from and are meant to fly in high places, such as mountains. As they flutter in the wind, the prayers are sent to the heavens. Traditionally, they are five separate colors, representing the five elements. The Red Lady Prayer Flags are all red. For the elements, red symbolizes fire.

These flags demonstrate the diversity of our community under this one collective voice of keeping Mt. Emmons moly-mine free. Our goal is to have these flags hanging from every business and home in Crested Butte, emitting a positive message of why this land means so much to us.

We encourage you to buy multiple strings of Red Lady Prayer Flags. Hang them high, hang them outside. From your rooftops, in front of your doorways and windows. Only by being visible will they demonstrate the solidarity of the community behind this issue. Only in being touched by the mountains’ wind will they be able to send their message.

A string of 5 flags costs $12; or if you buy 3 or more they are $10 a piece. You may download an order form from our website at www.hccaonline.org, stop by the HCCA office or purchase flags at the following businesses in Crested Butte: Mountain Earth Whole Foods, Pooh’s Corner, Blue Moon Books, Pema Dawa, Crested Butte Mountain Heritage Museum, Lucille Lucas Gallery or Yoga for the People, and in Gunnison at the Gunnison Brewery. Proceeds from the Prayer Flag Project benefit HCCA’s Red Lady Defense Fund.