You have a mine site. It’s so dirty that it’s declared a Superfund site. There’s mercury and other heavy elements all over the place, they’re getting in the ground water, they’re getting people sick… clearly, something must be done. So, the EPA steps in and clears away all of the contaminated soil. Good job, right?
Not if you’re a Native American - courtesy of the San Francisco Chronicle. According to the article:
For decades, young members of the Elem Pomo tribe have broken out in skin rashes and elders have suffered kidney failure.
The Elem Pomos’ 50-acre reservation is adjacent to the Sulphur Bank Mine, one of the nation’s most polluted sites, and some Pomos believe the tribe’s health problems may be related to the federal government’s use of the mine’s toxic tailings to build reservation roads and house foundation pads 37 years ago.
Last year, after more than a decade of regulatory delays, the U.S. Environmental Protection Agency cleaned the contaminated soil and rock from the reservation and stabilized the mine site.
Yet many of the tribe’s 300-plus members are dissatisfied with the $20 million cleanup project, saying the EPA’s excavations may have damaged archaeological sites in violation of the 1966 National Historic Preservation Act.
The cleanup removed thousands of cubic yards of toxic waste, improved roads and water systems, provided five new homes and significantly reduced pollution from the mine site. But tribe members say the EPA ignored their demands to modify the work plan, exacerbating the archaeological damage.
Long story short, the EPA cleaned away the dirt that made it where the people would stop getting sick, thus making it possible for them to create new history, but, in the process of doing so, they may have cleared away some archaeological evidence of the tribe’s history… because, well, the open pit mine didn’t do that already. How much does the tribe want in compensation?
Parker said case law suggests a guideline for assessing damage to archaeological sites: $10,000 for every cubic meter of disturbed material.
“By my calculation, that amounts to about $70 million,” he said.
This brings up a wonderful quote from Atlas Shrugged that immediately pops into mind:
“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against… We’re after power and we mean it… There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.” (’Atlas Shrugged’ 1957)
Amusingly, the government is even fighting itself now - is environmentalism more important than preserving some arrowheads? Is the desire to preserve every last vestige of history more important than expediently removing toxic chemicals from your backyard? Which is more important - your past or your future?
I suppose when you have no future, you have to cling to the past.