Michigan’s DNRE announced that it would grant Kennecott all the permits needed for the reopening of the Humboldt Mill. Click Here to Read the DNRE Press Release Gabriel Caplett suggested a means to delay further pollution of the Humboldt site, which was employed against PolyMet. His suggestion was to file a law suit like this one Link to PolyMet Suit
Event to Help Locked-Out Rio Tinto Borax Workers
Event To Be Held Supporting Locked-Out Rio Tinto Borax Workers
Contact: Gabriel Caplett; gcaplett@gmail.com; 906.226.6649
Yellow Dog Summer will hold an event on February 15, at 7:00 pm, in the Chapel of Messiah Lutheran Church, located at 305 W. Magnetic St., Marquette, Michigan in support of the roughly 560 workers in the International Longshore and Warehouse Union Local 30 who were locked out of their jobs at Rio Tinto’s Borax mine, in southern California on January 31.
The event will feature informal speakers, a film showing and refreshments.
“With Rio Tinto trying to slip through the backdoor in our community, we must stand in solidarity with the Borax workers and demand that Rio Tinto finally make good on their claims to respect worker rights and labor laws wherever the company operates,” said Yellow Dog Summer organizer Teresa Bertossi.
The International Mining and Maritime Unions have called for “worldwide solidarity actions” to take place on February 15. The ILWU Local 30 is supported by the more than 20 million member International Federation of Chemical, Energy, Mine and General Workers’ Unions (ICEM), the Maritime Union of Australia, the Construction Forestry Mining and Energy Union – Mining and Energy division (CFMEU) and a number of other miners’ unions around the world.
In an October 15 support letter the Maritime Union and CFMEU said:
“While our Unions have had a long and bitter experience with Rio Tinto and their anti-union, anti-workforce tactics and policies here in Australia, we continue to be amazed at the way in which multi national corporations like Rio Tinto, demand and expect working men and women to sacrifice hard won conditions of employment in order to prop up already bloated corporate profits.”
Yellow Dog Summer is a citizen-based group focused on protecting the environmental and economic health and vitality of the upper Great Lakes region.
For further information please contact Gabriel Caplett at gcaplett@gmail.com or (906) 226-6649
Wall Street Journal Covers U.P. Mining
The Wall Street Journal published an article featuring the Eagle Project:
Permits Drag on U.S. Mining Projects
By ROBERT GUY MATTHEWS
Despite having vast reserves, the U.S. remains a major importer of metals and minerals.
Obtaining the permits and approvals needed to build a mine in the U.S. takes an average of seven years, among the longest wait time in the world. So despite having vast underground stores of raw materials, the U.S. is one of the last places miners go to start a project.
At the proposed Kennecott Eagle nickel mine in Michigan’s sparsely populated Upper Peninsula, the wait is at seven years and growing. Global miner Rio Tinto says the project would fill a raw-material gap in the U.S. economy, but the company has yet to produce an ounce of nickel there.
Last month, a state agency issued a final order making state water, air and mine permits effective, but Rio still needs a federal water permit. And the company expects challenges from environmental groups.
Overall, the U.S. is tied with Papua Guinea for the longest approval process among the 25 top mining countries in the world, according to Behre Dolbear Group, an international mining and mineral advisory group. In Australia, a huge mining center, the process takes an average of one to two years.
The length of the mine-approval process means that the U.S., while having the reserves as well as the market appetite for metals and minerals, remains one of the top importers of the materials from Australia, Brazil, Canada and Africa.
“We are becoming more and more dependent on metal imports in the U.S.,” said Luke Popovich, spokesman for the National Mining Association, an industry group. Imports into the U.S. for selected metals—including gold, copper and zinc—rose 8.7% from 1998 to 2008, according to the U.S. Geological Survey.
The time frame in the U.S. isn’t necessarily reflective of tougher laws. Australia and Canada have environmental laws for mine building that are on par with U.S. rules. But mine building often draws more opposition in the U.S. than in those countries. Part of that is due to mining’s checkered history and reputation for pollution, abandonment and sometimes-shoddy management. Mining companies in the U.S., have cleaned up their management for the most part, but reputations haven’t caught up.
Emily Bernhardt, ecologist and assistant professor at the biology department at Duke University, says a focus on the length of the permitting process in the U.S. is misplaced. “The length of time it takes for permitting is almost irrelevant because they are not always looking at the right issues,” she said.
This month, Ms. Bernhardt co-authored a scientific paper calling on the Environmental Protection Agency and the Army Corps of Engineers to stay all new mountaintop mining permits. One issue is the permits focus on mainly local mining-site environmental impacts but don’t take into account impacts far from the mine site, she said.
Minerals are critical to economies, as raw materials for power stations, bridges, cars, appliances and computers. They are limited by nature and can’t be mass produced. Having a domestic source means lower distribution and shipping costs. And mines generate jobs and taxes.
But mines also permanently change a landscape and community with new roads, heavy equipment and traffic. Their impact on water sources is increasingly being scrutinized both in local communities and through regulation and court processes. Environmentalists, conservationists and some scientists are studying whether minerals leaching into water systems can harm water purity or cause health problems. Other concerns for underground mining include the creation of sinkholes, soil contamination, loss of biodiversity and erosion.
Mining companies contend that laws and processes in place mitigate most of these concerns. They also say that a balance has to be struck between leaving land untouched and providing needed materials. But most people simply don’t want a mine near where they live.
“Folks say it is just a little mine, but it is a loss of a place that I find so compelling a reason to stand up for,” said Cynthia Pryor, a spokesman for the Yellow Dog Watershed Preserve, dedicated to stopping the Michigan nickel mine. “There is timber and blueberry and hunting and all the things that are of value to a local community.”
J. Murray Gillis, who teaches on mining issues at Michigan Technological University, says such concerns are often misplaced, noting that mining companies put up bond money to restore land.
“Mining companies have such great restrictions and everybody is watching them,” he said.
Ms. Bernhardt, the ecologist, said mining companies, in general, have done what they have been asked to do but that the permitting process is flawed. “What the permits are allowing to happen, as in mitigating damage from mining, is not in fact mitigating damage,” she said.
Seven years ago, Rio began working on developing the nickel reserve in the Upper Peninsula. It was considered ideal because it is concentrated in a relatively definable area. The 90-acre project anticipates 500 construction jobs and about 200 long-term jobs, both welcome in the Upper Peninsula, where unemployment stands at around 20%. The proposed mine is located underground, below a river bed.
Rio has obtained dozens of permits from several local, state and federal bodies that regulate water, air and pollution. Mining companies generally have to provide air- and water-quality samples, survey maps of potential water leaching, wastewater storage and plans for reclamation, such as reseeding of vegetation.
Rio says it will continue its efforts until the mine is opened. “Mining companies have to go where the minerals are,” said a spokeswoman for Rio’s Michigan project.
Write to Robert Guy Matthews at robertguy.matthews@wsj.com
Woodland Road Hearing: Permit Analysis
To help prepare yourself to attend the MDEQ’s public hearing for Kennecott’s proposed 22-mile haul ‘highway’ on Wednesday, February 10 at the Westwood High School, 7:00 pm, Please Read the Permit Analysis written by Cynthia Pryor.
Rio Tinto Locks Out 500 Union Workers
The LA TIMES reports that over 540 miners have been locked out of a Rio Rinto Mine in southern California. http://www.latimes.com/news/local/la-me-boron1-2010feb01,0,362036.story
Rio Tinto locks out over 540 Union Workers at the Borax Mine in California. Read More…
UPDATE Company Can’t Keep Story Straight After Lockout: tells union workers that they must sacrifice to keep company afloat, while company reports to investors that it is flush with cash. Read More…

Protesters Try to Slow Rio Tinto Buses Loaded with Non-Union Substitute Workers
All Things Kennecott Considered
In a ‘final hour’ dramatic sweep of events within the agency, the MIDEQ issued final permits to Kennecott Minerals which allows the company to proceed with their Eagle Mine. Immediately, Kennecott misled the public by announcing dates of mine construction and completion, boasting job creation and economic blessings. A few facts they failed to mention:
1. Through the appeal process, petitioners from the previous contested case will challenge the DEQ decision in Circuit Court.
2. Mining icon Jack Parker testified on the petitioner’s behalf, claiming serious rock structure instability and a flawed mine plan. The DEQ has ignored Parker’s research and has chosen to trust the company’s engineering plan.
3. Alger Delta Electric’s $8.5 million upgrade project along CR 550 is not covered in the permit and is therefore illegal. Amendments have not been filed with the DEQ. Also, this wasteful project has been a thorn in Granot Loma’s side as they have been threatened by Kennecott (A-Delta) with a lawsuit for refusing to grant them additional easements through 4 miles of private property.
4. The proposed ‘south road’ is also illegal due to Kennecott’s failure to follow permitting procedures with this proposed 23 mile long ‘haul road’ (90′ wide in some areas, making it a highway), or the fact that they plan to fill over 30 acres of wetlands, displace wildlife and endangered plants, and potentially contaminate numerous creeks, streams and rivers, while cutting an industrial gap through the last remaining undeveloped woodlands in Marquette County.
5. To build the mine, heavy trucking would be forced through Marquette City to CR 550 and 510/AAA for 2-3 years. The only traffic solution to that potential problem being, according to the city, is to push a truck route via McClellan Ave., through a quiet residential neighborhood, to Wright Street.
6. The EPA is expected to issue its draft decision on the Underground Injection Control Program that would allow Kennecott to dispose of 504,000 gallons/day of treated industrial waste water into a septic field. There will be a public hearing, 60 days of public comment and the option for appeal.
7. The already contaminated Humboldt Mill would remain contaminated to the tune of 3.5 million tons of additional tailings waste, just from Eagle. Once the sludge pit is full, tailings could be stored on land, where previous dumps have created potential health issues for anyone living downstream of the mill.
Alger-Delta Threatens Granot Loma Farms Over Utility Easements
For Immediate Release
January 26, 2010
Alger Delta Threatens Granot Loma Over Utility Easements
In an effort to complete Kennecott’s unpermitted power line to Big Bay and the Yellow Dog Plains, Alger-Delta Electric Co-op has filed a lawsuit against Granot Loma Farms for 15 easements along their 4-mile portion of the project. Co-op manager Tom Harrell refers to the lawsuit as a ‘legal complaint’ and is pressuring Loma Farms owner Tom Baldwin to give up his property beyond the legal right of way.
According to Baldwin, “The co-op’s original permit application allows construction within legal utility right of way. However most of the line is outside of the right of way. They (Alger-Delta) threatened to discontinue power to Loma Farms, which was designated an historical landmark in 1991”. He has been negotiating with Alger-Delta on behalf of Kennecott and the utility is handling the lawsuit.
As compensation Alger-Delta offered Baldwin an undisclosed amount of money for the additional property needed. “It’s about a property owner signing a fine print ‘contract’ with a utility which allows them to do whatever, wherever they want,” said Baldwin. “Alger-Delta expects me to pay property taxes on my land that Kennecott is using for free to earn themselves 10 billion dollars”.
Alger-Delta has an alternate plan to re-engineer the utility lines for Granot Loma that could cost Kennecott an additional $75,000. In retaliation, power lines and equipment could be taken off of Loma properties and Baldwin would be forced to pay back to the co-op the costs for reconnecting to the grid in the future. “Basically they are trying to bully me into being a good co-op member” said Baldwin.
Kennecott has financed the entire $8.4 million dollar project, allowing Alger Delta to contract the work and broker the electricity. “Alger-Delta is like Enron – they’re just a broker. A good question to ask is why are we in Powell Township paying some of the highest electric rates in the state?”
One reason, Baldwin said, is that Alger- Delta purchases 100% of their power from companies that sell wholesale electricity and they recently signed a 30-year contract with Wisconsin’s WPPI. The co-op claims that Kennecott’s ‘upgrade’ combined with a reliable power source like WPPI will keep Powell’s electric rates low. Baldwin disagrees, “We all know that’s not going to happen”.
In October Baldwin recommended that Kennecott finance the building of a small community wind farm for Powell Township. “Citizens of the community will not benefit from a mine project on the Yellow Dog Plains, much less the potential ecological disaster that is connected to the Eagle Project. This would give Kennecott a way to somehow payback the community for all the aggravation and distress which goes with what they’re doing here. It would be an environmentally friendly way to provide energy to the township,” Baldwin said.
Baldwin believes that given the current green energy climate the incentives being offered by both the federal government and the USDA for alternative energy projects are excellent. Kennecott could recoup 30% of its multi-million dollar investment if they would connect to an alternative energy source. Matt Johnson, spokesman for Kennecott said, ‘We’ve talked a little bit about this. It’s something we’d be interested in looking into”.
Baldwin has looked into it and recently acquired a zoning permit with Powell Township to install a wind turbine on his own property. “The more wind energy we put into the system, the less carbon we produce, and that’s good for everybody”.
Legal issues with Alger Delta and Granot Loma will be reviewed at a mid-February court hearing. In the meantime the wind continues to blow in Powell Township as Kennecott pushes heavy power lines to Big Bay.
National Wildlife Federation to Challenge Michigan’s Approval of Dangerous Mine
MARQUETTE, MICH. (January 15)—The National Wildlife Federation today vowed to challenge a Thursday decision by the Michigan Department of Environmental Quality to allow a controversial mine to proceed–even though the decision by the agency contradicts opinions by internal experts who have warned that the mine is unsafe and could result in a mine collapse.
“The mining plan is unsafe, and the DEQ’s decision to let it proceed is flawed, illegal and goes against the interests of the people of Michigan,” said Michelle Halley, an attorney representing the National Wildlife Federation. “We will challenge this decision to protect Michigan from this dangerous form of mining that has proven to be unsafe to people, communities and wildlife in other states.”
The decision to issue two permits for the Upper Peninsula mine—known as the Eagle Project—also flies in the face of a recent decision by an administrative law judge, who concluded that the grounds on which the mine would be constructed is a sacred site to native people that should be protected.
The National Wildlife Federation criticized the timing of the decision, which was made before an administrative law judge had finished reviewing new information that the DEQ itself had requested to evaluate the risk the mine could pose to people and water quality. The decision comes days before the authority to decide on the mining permits would have been shifted to the newly appointed director of the Michigan Department of Natural Resources and Environment.
“Instead of leveling with the people of Michigan, the Granholm Administration has chosen to push a controversial decision forward without a full accounting,” said Halley. “The result is a decision that short-changes the people, wildlife and economy of Michigan. We will appeal this decision and seek justice elsewhere.”
The National Wildlife Federation’s Halley said that groups opposed to the mine—including the Huron Mountain Club, Keweenaw Bay Indian Community and Yellow Dog Watershed Preserve—intend to appeal the decision.
The permits allow a controversial mining project to move forward that would fence off a documented indigenous sacred site and allow the discharge of pollutants to ground water and surface water. The mine would change the nature of the region from valuable wildlife habitat to an industrial park.
The Eagle Mine is the first mine in Michigan that aims to extract metals from sulfide ore bodies. This type of mining—known as hard rock mining in the West—often produces, as a byproduct, sulfuric acid that can prove deadly to rivers, streams, fish and wildlife for decades after closure of the mine.
The Eagle Mine would be adjacent to the Salmon Trout River—one of the last mainland U.S. rivers used as spawning grounds by the Coaster Brook Trout.
“Any final decision on this mine and the fate of the Great Lakes is a long way off,” said Cynthia Pryor of the Yellow Dog Watershed Preserve, a local group opposing the mine. “We will fight this project, because it is unsafe and because the process has been perverted, for as long as we can.”
DEQ Grants Final Kennecott Permit – Ignores Native Rights
The DEQ has granted Kennecott the final permit for the Eagle Mine project on the Yellow Dog Plains, ignoring Judge Richard Patterson ruling that Eagle Rock be honored as a Native American sacred site.
Eartha Jane Melzer writes: http://michiganmessenger.com/33340/controversial-kennecott-mine-permits-okd-at-11th-hour
For further information, read article by Gabriel Caplett
Comments from Cynthia Pryor, YDWP Sulfide Mining Campaign Director, 360-2414
What just happened here? The DEQ, as party to a State of Michigan Administrative Contested Case process, just unilaterally bypassed both the legal process and Administrative Law Judge Patterson in making a sweeping declaration and finding of law. This sweeping “judgment” was made not by Judge Patterson, not by past DEQ Director Stephen Chester, not by the interim DEQ Director Jim Sygo, but by a Senior Policy Advisor within the DEQ. This was done as a final DEQ action on the matter – on the day before the DEQ was to be dissolved and the new DNRE Director was to take office.
How blatant can this be? This is the dramatic action of a DEQ that hopes as a last ditch effort to resolve the Kennecott issue and allow this mine on the Yellow Dog Plains – before their authority is superseded by a new agency. Delegation of DEQ Director ‘final decision’ on the matter, was given to Senior Policy Advisor Frank J. Ruswick, Jr. two weeks ago. There was no known correspondence from Judge Patterson to the DEQ, Kennecott or the petitioners during this time frame. But out of the blue, a day before DEQ dissolution, this DEQ policy advisor made a judgment, ruling and order granting Kennecott both a Part 632 mining permit and a ground water discharge permit AND vacating a remand order made by then Director Stephen Chester concerning Eagle Rock as a “place of worship”. A policy advisor of the DEQ became a Judge and a DEQ Director and has so ruled – and we must accept that?
This is an egregious act that now will absolutely require appeal to a higher court and should require an appeal to the new DNRE Director Rebecca Humphries and the Governor of this state. We should not sit by and accept such action as the accepted mode of “lawfulness” in this state.
Please call the office of the Governor and lodge your complaint: 517 373-3400 or 517 335-7858.
I would expect letters of protest by every environmental group in the state and we will certainly be writing the Governor. Her contact information is:
Governor Jennifer M. Granholm
P.O. Box 30013
Lansing, Michigan 48909
PHONE: (517) 373-3400
PHONE: (517) 335-7858 – Constituent Services
FAX:(517) 335-6863
South Road – Wetlands Destruction Permit (Public Hearing)
Please Attend Public Hearing: February 10th, 7:00pm, at the Westwood Auditorium, the DEQ will hold a public hearing to decide if they will approve Kennecott’s "Woodland south road". The Application calls for the destruction of 31 acres of wetlands, and the cut of a 22.3 mile industrial haul road through the undeveloped Michigamme Highlands area.
The road will cross 100 year flood plains of a number of rivers, and there is no plan in place for dealing with fugitive dust. Not only will this road open up beautiful tracts of undeveloped land to commercial use, but will subject sensitive wetland areas and wildlife habitat to heavy metal pollution through fugitive dust.
Article on The Proposed South Road from The Ojibwe Mazina’igan
Click Here For Public Hearing Announcement
Click Here to Read the Permit Application submitted by John Cherry of Kennecott