The Western Shoshone National Council has filed this lawsuit against the<br>plan of the United States Department of Energy to make Yucca Mountain the<br>dump for nuclear waste from the United States and from forty-one other<br>countries around the world. Yucca Mountain is located in the Territory of<br>the Western Shoshone Nation, as described in Article 5 of the 1863 Treaty of<br>Peace and Friendship entered into between the Western Shoshone Nation and<br>the United States, at Baa Gaa Zoo (also now called Ruby Valley, Nevada).<br><br>Article 6 of the U. S. Constitution states that (T)reaties are the supreme<br>law of the land. This Treaty, then, overrides all other U.S. laws. Under the<br>Treaty, there were five uses which the United States of America and the<br>Western Shoshone Nation agreed could occur on Western Shoshone Territory.<br>Those five uses are the establishment of (1) settlements, (2) mines, and (3)<br>ranches, and the construction of a (4) railroad, and of (5) roads. The agent<br>of the United States of America who negotiated and signed the Treaty, the<br>United States Congress which ratified the Treaty, and the Western Shoshone<br>Nation all agreed that those were the only five uses which would ever occur<br>on Western Shoshone Territory. If any other uses are contemplated, they can<br>not occur unless the Treaty is modified by the consent of both the Western<br>Shoshone Nation and the United States.<br><br>All across this country, U.S. Federal District Courts have found that<br>Treaties with the Indian Nations remain in full force and effect as binding<br>contracts. The Western Shoshone Nation has always abided by the Treaty and<br>regarded the Treaty as a binding, enforceable agreement between the Nation<br>and the United States. We seek by this lawsuit to have the Treaty of Ruby<br>Valley enforced to stop this project which threatens to desecrate our sacred<br>lands.<br><br>The Western Shoshone Nation does not consent to the use of Yucca Mountain as<br>a dump for the most toxic substance ever created by man. We have a sacred<br>duty to stop this plan by the United States and its Energy Department<br>officials to make Yucca Mountain the storage place for high level nuclear<br>waste from all over the world.<br><br>Mother Earth is sacred to all humans. The Western Shoshone Nation holds<br>Mother Earth as such. High level nuclear waste must not be stored in the<br>breast of Mother Earth at Yucca Mountain.<br><br><br><br>