Seven years after the EPA accidentally released some 3m of acid mine water, poisoning waterways that carry water to fields, farmers are still waiting for compensation
On 7 August 2015, crews from the Navajo Nation Irrigation Office in Shiprock rushed to close the main gates of two irrigation canals that carry water from the San Juan River toward the fields of hundreds of Navajo farmers.. Some 12,000 acres of crops had been planted. And a disaster was threatening all of them.
Though the agency has settled lawsuits with state and tribal governments for some $331m, the Department of Justice, which represents the EPA in court, asserts that individual Navajos – who together are asking for $49m – have no right to sue. Among those weeping was Bertha Etsitty, a 71-year-old farmer who with her husband, Allen, works about 20 acres near Shiprock. Their fields are fed by the Hogback ditch, and their views are framed by the silhouettes of distant peaks – Ute Mountain in Colorado, the Carrizos in Arizona, and Shiprock itself.
– people said in Navajo.” His neighbor, Ernest Benally, who grows alfalfa on 12 acres, says that, even now, some people are still “skeptical of things grown around here. I sell to commercial beef growers, and they wouldn’t buy from me for a couple of years.” Navajo herself, she led research teams that assessed the environmental impact of the spill, communicated their findings to farmers, and tried to understand how the community perceived the risks posed to their health and way of life.“Their connection to the world, their sense of balance in the world, is related to the river. So when the spill happened, that balance, thatwas disrupted. Everything related to the river was also out of balance – it’s a complete system, all interconnected.
Kate Ferlic, the lead attorney for the plaintiffs, argues that immunity does not apply in this case, pointing out that the government isn’t shielded from lawsuits when employees violate policies that they are bound to follow. “Griswold was reckless and ended up poisoning a river system,” she said. “If immunity is granted under these circumstances, plans designed to protect public safety become meaningless.
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