The U.S. government must respond this month to a
citizens’ petition accusing one of its Army bases of helping to dry
up Arizona’s last free-flowing river, the San Pedro (HCN, 6/12/95).
The river boasts North America’s largest surviving expanse of
cottonwood and willow forest and serves as a migratory coridor for
many birds.

The petition took advantage of North
American Free Trade Agreement provisions that NAFTA members comply
with their own environmental laws. The 14-page document asserts
that a planned expansion of the 75,000-acre Fort Huachuca will harm
the San Pedro River and violate the National Environmental Policy
Act. The March deadline represents a first; never before has the
international NAFTA commission required a response from the U.S.
government.

Lawyers at Earthlaw, which filed the
petition for the Southwest Center for Biological Diversity, were
surprised by the ruling. “We didn’t think we would get the decision
we were looking for,” says law clerk Dawn McKnight. “We’re very
happy that they decided to look into this further.”

Nonetheless, the reaction of Robin Silver of
the Southwest Center was guarded. “In reality, there is no
enforceable structure to make a (NAFTA) member country keep its
promise,” he says. “But at least an international commission has
recognized that the United States government refuses to obey its
own laws.”


” Sarah
Dry

This article appeared in the print edition of the magazine with the headline Trade treaty may protect Arizona river.

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