MARQUETTE — After today’s three scheduled environmental witnesses, testimony in a downstate contested case hearing is expected to shift to witnesses for the Kennecott Eagle Minerals Company and the Michigan Department of Environmental Quality.
The hearing, which is entering its third week of testimony in Lansing, is considering a challenge to a DEQ decision to grant Kennecott permits for its nickel and copper mine in northern Marquette County.
The National Wildlife Federation, Huron Mountain Club, Yellow Dog Watershed Preserve and Keweenaw Bay Indian Community are challenging the DEQ issuance of those mining and groundwater permits.
“At the conclusion of week two, we feel very confident about our case,” said Michelle Halley, an attorney with the National Wildlife Federation. “We’ve demonstrated that there will be a lot of pollutants that Kennecott has not considered and they will spread beyond the boundaries predicted by Kennecott.”
Friday’s testimony concluded with Mac Strand, a stream ecologist. Strand testified about the potential impacts to stream ecosystems, including fish and insects.
“Dr. Strand testified about potential impacts to the whole aquatic system of the Salmon Trout River,” Halley said. “He said the Yellow Dog River would be in a vulnerable position as well.”
Jon Cherry, general manager of the Eagle Project, said since the inception of the proposed mining project, “Kennecott has prepared for the building, operation and reclamation of the mine using the highest standards and most advanced technologies available for mineral resource development in the world today.”
“In seeking permits from the state of Michigan for the Eagle project, Kennecott demonstrated that the proposed design met or exceeded stringent standards established in the new state law and regulations,” Cherry said.
Witnesses scheduled to testify today for the plaintiffs include Glen Miller, who will discuss the purported inability of the mine’s proposed wastewater treatment plant to handle the quality or quantity of water going into it.
Miller will be followed by Alex Lindsay who will address the impact on birds and Dr. John Ejnik, an environmental chemist.
One final witness for the plaintiffs is expected to testify Wednesday because of a scheduling conflict. John Coleman will take the stand. His expertise is stormwater management.
The contested case hearing is expected to take another two weeks to complete. Administrative Law Judge Richard A. Patterson is presiding.
John Pepin Marquette Mining Journal
Could you direct me to an outline of the process of mine approval? If the DNR approves Kennecott’s proposal, if the hearing goes in Kennecott’s favor, what would the next step be? Gov. Granholm has stated that she would not let the mine open if she was convinced it would be dangerous. I realize that there’s lots of waffle room in that statement; what I wonder is how much say she would have.
Hi there Lisa,
We don’t have an outline at the moment. However, we can give you some idea of what to expect. First of all, the DNR has already approved the process, but this approval will be taken to court like the DEQ’s approval has been. We expect a decision in late May early June about the current contested case against the DEQ. The Supreme Court is also an option. There are a number of additional roadblocks Kennecott is still facing. Kennecott still has to get an Underground Injection Control Permit from the EPA. Currently the EPA is meeting with a number of Indigenous tribes to determine the cultural significance of Eagle Rock and the Yellow Dog Plains, so a permit from the EPA could be a while. I would assume late July or early August. The EPA will also probably hold a public hearing. Moreover, the coaster brook trout are also being considered to be listed as an endangered species. Furthermore, there is always an opportunity to get the issue on a ballot…many groups are looking at a possible ballot initiative. As for Jennifer Granholm…she certainly has the power to stop these projects in the State of Michigan…although I have very little faith in her. I hope this helps…