An E-mail forwarded to webmaster by John Fadden, Onchiota, NY

She:kon Everyone:

On Friday, March 12, 1999. Atlantic States Legal Foundation, Inc. (A Not-For-Profit Environmental organization) and Mohawks Agree on Safe Health (MASH) mailed a notice of intent to sue letter to Rick Hamelin and the St. Regis Mohawk Tribe. The letter is in response to the destruction of wetlands between the Akwesasne Casino and Speedway Convenience Store.

The letter charges that 15 acres of wetland were destroyed by discharging dredge and fill material into it without a National Pollutant Discharge Elimination System (NPDES) Permit. This is a violation of the federal Clean Water Act. The letter also charges that they have changed the use of the wetland without a permit to do so.

The letter notes that these wetlands were productive and home to hawks, herons, muskrats, and other wildlife, and to cattails and other flora. It charges that ASLF and MASH have lost the benefits of these wetlands.

The letter states that ASLF and MASH intend to request a court order to require and abatement and cleanup of the wetlands by Rick Hamelin and the St. Regis Mohawk Tribe. They will request that the court require Rick Hamelin and the St. Regis Mohawk Tribe to pay civil penalties at the
maximum daily penalty of $25,000 per violation per day. They will also seek litigation costs and attorney fees from Rick Hamelin and the St. Regis Mohawk Tribe.

This notice of intent to sue is required to be filed 60-days before any court action can be taken and allows for a negotiation to take place.

MASH is a grass-roots community group formed in the 1980's during our struggles with General Motors pollution problems. It is composed of Akwesasne residents and the President of the group is Leona Barnes.

This represents the first legal response to the harm the St. Regis Mohawk Tribe, Casino operators, and others have caused to the community. Additional letters will be sent over the next two weeks and I will keep you advised as they are sent.

This first notice letter should become public knowledge by mid-week.

Jim Ransom

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Last modified May 8, 2000