Great Lakes United wins mining lawsuit

The Canadian Federal Court decision requires Environment Canada to make the mining industry annually report the toxic waste accumulating in tailings ponds and waste rock piles.

John Jackson

Great Lakes United

Great Lakes United and Mining Watch Canada, with the legal assistance of Ecojustice, have won a court case, forcing Environment Canada to require the mining industry to annually report the toxic substances put into tailings ponds and waste rock piles to a public inventory. This means that approximately 20 metal mining facilities located on the Canadian side of the Great Lakes basin will have to report their waste. This court decision will allow us to more completely understand threats to the Great Lakes basin as a result of mining activities.

Ecojustice launched the suit in November, 2007 on behalf of Great Lakes United and Mining Watch Canada. On April 23 2009 the Canadian Federal Court issued an order requiring the federal government to immediately begin publicly reporting mining pollution data from 2006 onward to the National Pollutant Release Inventory (NPRI).

The strongly worded decision described the government’s decision-making pace as “glacial” and chastised the government for turning a “blind eye” to the issue and dragging its feet for “more than 16 years”.

In response to the Canadian Minister of the Environment’s failure to require reporting, the Honourable Mr. Justice Russell concluded, “the result is that the people of Canada do not have a national inventory of releases of pollutants that will allow them to assess the state of the Canadian environment and take whatever measures they feel are appropriate to protect the environment and facilitate the protection of human health.”

In contrast, since 1998, the U.S. government has required mining companies to report all pollutants under the Toxics Release Inventory (TRI), the U.S. equivalent of the NPRI. In 2005, the 72 mines in the U.S. reporting to the TRI released more than 500 million kilograms of toxic substances to mine tailings and waste rock. This accounted for 27% of all U.S. pollutants reported. The addition of the Canadian data will give us a more complete picture of the mining threat in the Great Lakes.

Toxics leak through tailings ponds walls and evaporate into the air on an ongoing basis. As climate change threatens to bring more frequent and increasingly intense storms, the potential for tailings ponds’ walls to collapse increases. This means toxic tailings rushing out into the environment and into the lakes. Such devastating collapses of tailings ponds have already occurred in Europe and in the coal mining area of the U.S.

The decision also means that the public will have to be told about the devastating toxic discharges to the massive tailings ponds created by mining the tar sands in Alberta.   The product of tar sands development—one of the largest industrial undertakings in the world—is being touted as the source of oil for proposed expansions of oil refineries throughout the Great Lakes in locations such as Superior, Wisconsin, Gary, Indiana, Detroit, and Sarnia.

Now that we will have knowledge on the toxic contents of these tailings ponds and rock piles on both sides of the Great Lakes basin, we will be more capable of pressuring for action to protect the Great Lakes from these threats.

Environment Canada has stated that they will move quickly to implement the judge’s decision.

jjackson@glu.org

To read the entire legal judgement, click on http://www.glu.org/en/node/293.

Fun-raise with SWUP at our Walk/Paddle/Roll Events

Fun-raise with SWUP at our Walk/Paddle/Roll Events
What:  Great Lakes Walk, Paddle, and Roll Fundraising Event
When:     Saturday, August 22, 2009,  10:00 am
Where: Big Bay, MI
For More Information, Contact:
Save the Wild UP             Yellow Dog Watershed Preserve
Quentin Sprengelmeyer, 228-4444     Emily Whitacker, 345-9233
Website: savethewildup.org        Website: yellowdogwatershed.org

Join Save the Wild UP, Yellow Dog Watershed Preserve and Freshwater Future in a Great Lakes Walk, Paddle, and Roll Fundraising event, which culminates with a 20-mile off road mountain biking adventure on Saturday, August 22. All funds raised will be used to support environmental outreach and educational activities and similar efforts around the Great Lakes region.
Participants can either solicit pledges by
~picking up pledge envelopes at the SWUP or Yellow Dog offices or by
~setting up an individualized website on   http://www.firstgiving.com/freshwaterfuture.
Another option would be to donate directly to the organization. All gifts are tax deductible.
Local volunteers and avid trail riders will help organize and lead groups of bikers through logging trails and existing county roads of varied terrain with water views and scenic overlooks along the way. “The Big Bay area has miles of off road biking options. Our job is to encourage folks to challenge themselves by setting not only a substantial fundraising goal but a personal biking achievement. Our experienced tour leaders guarantee an awesome day of biking and camaraderie—all for a great cause!” says Kristi Mills of Save the Wild UP.

Here in Marquette County and across the western UP, the threat of sulfide and uranium mining continues with increased levels of exploration. Now, more than ever, it is critical that we work together to ensure the health of our community’s environment and the Great Lakes for our children, grandchildren and future generations.

We would like to thank all of our sponsors John G. Shedd Aquarium, Grand Traverse Casino and Resort, and Big Bay Outfitters.

For More Information Contact:

Save the Wild UP
Kristi Mills 228-4444
Website: www.savethewildup.org
Yellow Dog Watershed Preserve
Emily Whittaker, 345-9223
Website: www.yellowdogwatershed.org
wpr

Michigan Water Week 2009

To celebrate Michigan’s vast and precious water resources, Governor Granholm has declared June 6 – June 14 as Water Week 2009.

Let the Governor know how you feel about protecting our fresh water resources from the threat of sulfide mining in the Upper Peninsula. Click here for the full announcement and contact information

Rio Tinto/Chinalco Deal Scrapped

Rio Tinto Group has scrapped a planned $19.5 billion investment by Aluminum Corp. of China, or Chinalco, and will instead seek to raise $21 billion from a share sale and by selling iron ore assets to BHP Billiton Ltd.

The world’s No. 3 miner announced the new deal Friday, after the Chinese-state owned steelmaker rejected amendments to its initial agreement, leading to a breakdown in talks.

Click here to read the entire article

Kirtlands Warbler Survey Scheduled

The annual Kirtland’s Warbler singing male survey of the US Fish & Wildlife Service will be conducted June 6th through June 15th for the entire Upper Peninsula.

Interested volunteers for the Yellow Dog Plains survey can contact Nancy Moran by calling the Yellow Dog Watershed Preserve at 906-345-9223. Surveyors will meet daily at 7:00 am at the intersection of Co Rd 510 and the AAA Road. Maps of the survey area and instructions will be provided. (Water, bug spray, and a compass/GPS are recommended supplies)

The survey is conducted by driving or hiking this large area, listening for birds and investigating singing warblers.

If you are interested in participating in the survey of other areas of the UP, contact Christie Deloria at USFW, 906-226-1240.

Adult Description of the Kirtland’s Warbler

* Small songbird; large warbler.

* Bluish gray face and back.

* Yellow throat, chest, and belly.

* Black stripes down sides.

* White crescents above and below eyes.

* Constantly pumps its tail.

* Two white wingbars.

Immature Description

Similar to adult female, but duller, and with black spotting across chest.

A rare bird of the Michigan jack pine forests, the Kirtland’s Warbler is dependant upon fire to provide the small trees and open areas that meet its rigid habitat requirements for nesting.

SWUP is 5 Years Young!

Save the Wild U.P. Celebrates 5 years
Group plans summer of fundraising

By CHRISTOPHER DIEM Journal Staff Writer
POSTED: May 14, 2009

MARQUETTE -Members of the environmental group Save the Wild UP are celebrating the organization’s fifth anniversary by enjoying that which they strive to protect – the Upper Peninsula wilderness.
Members and supporters of Save the Wild UP -along with partner organizations Yellow Dog Watershed Preserve and Freshwater Future -are putting on a summerlong fundraising event called Great Lakes Walk, Paddle and Roll.
The event kicks off on June 6 with a 5-mile paddle around Lake Independence, continues on July 12 with an orienteering event in Big Bay and a biking event in August in Marquette.
“It’s a really positive way to get people out and enjoying the out-of-doors,” said Kristi Mills, director of Save the Wild UP.
She said participants can either solicit pledges by setting up a Web site at www.firstgiving.com/freshwaterfuture or donate directly to the organizations. All proceeds will support environmental outreach and educational activities around the Great Lakes region.
Babette Welch, board president and co-founder of Save the Wild U.P., said she and Dick Huey of Marquette started the organization to protect the open land and access to water, hunting, fishing, biking and hiking widely available in the U.P.
“We saw that that was becoming at risk … because many of the large tracts of land were coming up for sale and being sold. We were also concerned when we saw this proposed proliferation of mines,” Welch said.
The organization is strongly opposed to Kennecott’s proposed Eagle Mine on the Yellow Dog Plains. In February, Kennecott’s parent company, Rio Tinto, deferred the mine project until market conditions improve.
Welch said members of the organization will continue to oppose the mine project but will also begin new efforts to preserve the water and land in the area, encourage activity in the outdoors and try to promote economic development while protecting the environment.
“Everyone recognizes water is going to be one of the next real in-demand resources on the planet, and preserving the quality of the water in the Great Lakes is critical,” Welch said.
Save the Wild U.P. staff compiled data from Michigan courthouses and environmental protection advocacy Web sites in assembling a Lake Superior-area map showing the locations of proposed metallic sulfide mining sites and proposed metallic sulfide/uranium exploration and mining sites.
“These are all near watersheds too, so that’s a big concern,” Mills said about the exploration sites.
Mills said there is uranium mining exploration going on near the Ottawa National Forest.
“That’s some scary stuff to a lot of people who know a little bit about the dangers of radioactive materials and the handling of those,” she said.
Welch said the organization also wants to educate the public about surface-owners’ rights.
“The rights of surface owners have been divorced from the mineral rights and right now mineral rights trump surface owners,” she said, adding people’s homes and camps could be affected. “If mining companies want to develop the mineral rights underneath them, mining companies can come in and build a road, put a building, put a vent shaft, whatever they need to access those minerals.”
Members of Save the Wild U.P. support only non-violent opposition to Kennecott’s and other proposed mining activities. In a recent news release, the organization said it will not condone or tolerate violence and will take legal action if the organization or its members are targets of violence.

Coaster Brook Trout Protection Denied by the USFWS

The U.S. Fish and Wildlife Service announced a 12-month finding on a petition to list the coaster brook trout (Salvelinus fontinalis) as endangered under the Endangered Species Act of 1973, as amended (Act). The petition also asked that critical habitat be designated for the species. From the USFWS: “After review of all available scientific and commercial information, we find that the coaster brook trout is not a listable entity under the Act, and therefore, listing is not warranted. We ask the public to continue to submit to us any new information that becomes available concerning the taxonomy, biology, ecology, and status of coaster brook trout and to support cooperative conservation of coaster brook trout within its historical range in the Great Lakes.”

For further media coverage:
http://www.duluthnewstribune.com/event/article/id/120559/

Rio Tintos Response to KBICs Letter from the Annual General Meeting in London

In April (2009) Lutheran pastor Jon Magnuson, from Marquette, Michigan, and Gabriel Caplett, of Dukes Farm in Skandia, Michigan, attended the Rio Tinto Annual General Meeting to represent citizens from Michigan’s Upper Peninsula who are opposed to a metallic sulfide mine on the Yellow Dog Plains.  One document they delivered to the Rio Tinto Board, was a letter from the Keweenaw Bay Indian Community.  Recently, The Business and Human Rights Resource Center obtained a response to KBIC’s letter from Rio Tinto.  You can access it by clicking here

According to one paragraph of the letter, “Rio Tinto has earned significant community support for the Eagle mine project over the last five years. Notably, this support has been demonstrated by townships near the mine, as well as other organisations, passing resolutions welcoming Kennecott Eagle Minerals Company, their families and contractors to their communities to live and work. A coalition of six counties has enacted
support resolutions, written letters of support and has testified at public hearings in support of the project.”

Apparently Rio Tinto thinks the majority of people in Michigan’s Upper Peninsula support the Eagle Project. And, it seems our township and county officials are speaking for themselves and not for the citizens they represent.  We encourage you to continue to contact your representatives, attend township and county meetings, and let your representatives know that if they want your vote, they need to represent the citizens of the UP and not their own self interests.  We must speak up louder before it is too late.

Mineral Exploration in Ottawa National Forest

Chuck Glossenger’s letter to the editor of the Mining Journal on mineral exploration in the Ottawa Forest.

To the editor:

The Ottawa National Forest in Ironwood is accepting comments during the public input process on whether to grant Kennecott three permits to do exploratory drilling on federal land.

One of their permit requests is the Bates parcel, a 395 acre site right on the shore of Perch Lake. The immediate question is, do we want a sulfide mine on the shores of an inland lake? What about one of the Great Lakes?

Kennecott already has the controversial Eagle Project nickel mine beneath the headwaters of the Salmon Trout River, and now they want our lakes?
Trans Superior, Inc. wants to drill near the Sturgeon River Gorge Wilderness, next to Pricket Lake and the Sturgeon River. Do you want a sulfide mine in this area?

My concern is that Kennecott will want to do sub-aqueous tailings disposal at these inland lakes, like they want to do at the Humboldt Mill facility. This is exactly what Coeur Alaska Inc. wants to do at their proposed Kensington Gold Mine in the Tongass National Forest at Lower Slate Lake.

They will kill off the fish and aquatic life and then replant fish when the mine life is over. This case has now been submitted for a ruling by the United States Supreme Court.

Meanwhile, the United States Environmental Protection Agency has signaled it is going to crack down on mountain top removal coal mining. Mountain streams are being used for deposit of overburden and entire valleys are being filled. So far, over 500 mountains in Appalachia have been decapitated with dangerous heavy metals being placed in aquifers.

The problem is that mining is the largest producer of solid waste in the world!

For example, the Kennecott Eagle Project ore body is 3.68 percent nickel, 3.06 percent copper and gold, palladium and platinum at one-tenth of an ounce per ton. This means that 92 percent of the mining is WASTE – such as arsenic, boron, mercury and other carcinogens.

Due to lax interpretation of the Clean Water Act during the Bush era, the subject of mining waste and its toxic legacy was ignored. Now President Obama wants science to trump politics at the EPA. I urge all to call the Ottawa National Forest at 906-932-1330 and urge them to halt their prospecting permit process until the Supreme Court and EPA decide their cases.

Chuck Glossenger

Big Bay