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Scripps Lays Out Plan to Protect Michigan’s Waters
Placing waters in the public trust will protect the Great Lakes
— September 02, 2009
GLEN ARBOR – Speaking to a gathering of citizen activists, State Representative Dan Scripps (D-Leland) laid out his vision for protecting all of Michigan’s waters, including lakes, rivers, streams and groundwater, by affirming they should be clearly defined as a public resource, giving them the same protections against privatization as the Great Lakes and all surface water.
“We’re surrounded by 20 percent of the world’s fresh water, and with that blessing comes an incredible responsibility,” Scripps said. “We must act as responsible stewards of our waters and preserve our lakes, rivers and beaches for future generations. Our waters are not only part of our heritage, but a key part of creating and protecting thousands of jobs across Northwest Michigan and a cornerstone of Michigan’s tourism industry.”
Scripps will introduce legislation this week to clarify that Michigan’s waters are subject to the public trust, placing them under the shared ownership of the people of Michigan for the benefit of present and future generations.
“This legislation will erase any doubt that the waters of Michigan belong to the citizens of Michigan,” Scripps said, “and that Michigan citizens must continue to have a say in protecting this resource.”
Scripps spoke at a luncheon for the Leelanau Independent Women for Democratic Action.
“Our state relies on healthy waters to sustain jobs in our three largest industries,” Scripps said. “We need to protect these jobs as we work to pull Michigan out of this economic slump. But this plan is about more than that. The Great Lakes are part of what makes us who we are here in Michigan. They’re a defining part of our state – Michigan’s crown jewels – and that’s a history and legacy we must fight to preserve.”
Environmental Writer Dave Dempsey Wins 2009 Michigan Author Award
| Contact: Sarah Lapshan (517) 241-1736 Agency: History, Arts and Libraries |
| Aug. 24, 2009
The Michigan Center for the Book today announced Dave Dempsey – author of award-winning books on conservation and environmental issues critical to Michigan – as the winner of the 2009 Michigan Author Award. Sponsored jointly by the Michigan Center for the Book (a program of the Library of Michigan), Sleeping Bear Press and the Michigan Library Association, this annual award honors a Michigan writer for his or her contributions to literature based on an outstanding published body of work. This year’s award will be presented this fall at the Michigan Library Association’s “Ready Set Go!” conference at the Lansing Center and Radisson Hotel in Lansing. Tickets ($25) are available to hear Dave Dempsey speak at the award-presentation luncheon on Friday, Nov. 6. For more information and to access the conference registration, visit the Michigan Library Association Web site at www.mla.lib.mi.us/events/annual. “It’s both humbling and exciting to receive this award, since Michigan is my home and the source of my writing inspiration. Its land, water, wildlife and people are an amazing tableau,” said Dempsey. “In both the writing I’ve done and the writing I hope to do, I want to tell stories about people who made a difference and the places that shaped them. The Library of Michigan is a remarkable public asset that has made such research possible.” For 25 years Dempsey’s writings have helped shape conservation and Great Lakes policy, issues that are an integral part of Michigan’s history and character as a state. His newest book is Great Lakes for Sale: From Whitecaps to Bottlecaps. This book poses – and answers – important questions about the export and diversion of Great Lakes water. He has co-authored The Waters of Michigan, a collection of stewardship essays combined with photographs of David Lubbers that presents a truly unique view and understanding of the waters of Michigan. His other titles include: Ruins and Recovery: Michigan’s Rise as a Conservation Leader, which is an environmental history of Michigan since its statehood in 1837; a biography of former governor and environmental champion William Milliken, William G. Milliken: Michigan’s Passionate Moderate, which was named a 2007 Michigan Notable Book; and On the Brink: the Great Lakes in the 21st Century, a history of and a look forward to the state of the world’s largest freshwater ecosystem, which was a 2005 Michigan Notable Book winner. “Dave Dempsey’s books have illustrated the heart of Michigan, our great lakes,” said Karren Reish, Michigan Center for the Book coordinator. “In paying tribute to this gifted author, we are also able to spotlight the conservation and environmental issues that are his passion.” Dempsey has been active in environmental matters since 1982, serving as an advisor to Gov. James Blanchard, working as the program director of Clean Water Action, and is currently serving as senior policy director of the Michigan Environmental Council. He also served under President Clinton on the Great Lakes Fishery Commission. Previous winners of the Michigan Author Award include Tom Stanton (2008), Sarah Stewart (2007), Steve Hamilton (2006), Christopher Paul Curtis (2005), Patricia Polacco (2004), Diane Wakoski (2003), Nicholas Delbanco (2002), Thomas Lynch (2001), Janie Lynn Panagopoulos (2000), Jerry Dennis (1999), Gloria Whelan (1998), Loren Estleman (1997), Elmore Leonard (1996), Janet Kauffman (1995), Nancy Willard (1994), Charles Baxter (1993) and Dan Gerber (1992). The Michigan Center for the Book, a program of the Library of Michigan and the center’s affiliates, aims to promote an awareness of books, reading, literacy, authors and Michigan’s rich literary heritage. New affiliates are welcome. For more information about the Michigan Center for the Book and its programs, visit www.michigan.gov/mcfb. The Library of Michigan is part of the Department of History, Arts and Libraries (HAL). Dedicated to enriching quality of life and strengthening the economy by providing access to information, preserving and promoting Michigan’s heritage and fostering cultural creativity, the department also includes the Mackinac Island State Park Commission, the Michigan Council for Arts and Cultural Affairs and the Michigan Historical Center. For more information, visit www.michigan.gov/hal. Read more press releases from the Department of History, Arts and Libraries (HAL). |
Kennecott Eagle Mine Project Update by Cynthia Pryor
Due to the extreme complexity of this issue and the many fronts going on simultaneously, here is an update of events that have taken place in the past year to date:
February 14, 2009. Rio Tinto officially defers the Kennecott Eagle Project until commodity prices rise. There has been little to no Kennecott activity on the Yellow Dog Plains since December, 2008.
February, 2009. Rio Tinto enters into an agreement with Chinese owned company Chinalco which meets huge opposition from stockholders and regulatory bodies alike. Rio Tinto has acquired huge debt due to the purchase of aluminum company (ALCAN) and is $39 billion in debt. Chinalco would give Rio Tinto the billions needed in exchange for minority interests in many mining operations and two board seats on the Rio Tinto Executive Board of Directors.
May, 2009. The Coaster Brook Trout Threatened and Endangered petition was denied by the U.S. Fish and Wildlife Service. Sierra Club and the Huron Mountain Club are still assessing an appeal.
June, 2009. Rio Tinto backs out of Chinalco deal and angers the Chinese. Rio enters into a joint venture with BHP Billeton in the mining of west end Australian Iron mines which will give Rio $6 billion dollars. Rio also issues a “rights” stock option to raise $20 billion to pay off debt. Rio also continues to sell many assets.
June 19, 2009. DEQ indicates that the Humboldt Mill permit decision will be indefinitely postponed until late fall – no date set.
July, 2009. The Chinese government arrests four Rio Tinto employees for spying of state secrets and bribing iron ore smelter officials to obtain strategic information critical to China’s negotiation with Rio Tinto in the setting of iron ore prices in China.
July, 2009. Judge Paula Manderfield dismisses DNR Public Trust case due to lack of Jurisdiction. This decision has been appealed by the petitioners (National Wildlife Federation, Keweenaw Bay Indian Community, Huron Mountain Club and the Yellow Dog Watershed Preserve, Inc) to the Michigan Court of Appeals.
August 19, 2009. Kennecott submits DEQ wetlands permit applications for wetland fill for their “south road” now called “Woodsland Road”. The DEQ indicated there will be public meetings and public comment taken. The road is proposed to exit the mine site onto the AAA, to the Clowery road and cross the Yellow Dog heading south, crossing several streams, rivers and wetland areas, including the headwaters of the Mulligan Creek, Dead River, Escanaba River and their associated tributaries and wetlands. The road would pass through Wildcat Canyon and join the Wolf Lake Road to Humboldt and US 41 and the proposed Humboldt Mill site. Kennecott and their partners (A.Lindberg and Sons, the Michigan Forest Products Council and John Jilbert) will host a public meeting on September 28th, 7:00 pm at the Ishpeming Township Hall). Kennecott will additionally need to file an addendum to their existing mining permit, obtain permission before continuing with the construction of this road. This should involve public comment.
August 17, 2009. Joe Cram, a local businessman in Big Bay, gathers petition signatures and convinces Powell Township to write a letter to the Marquette County Road Commission to not cut the tree canopies along CR 510 and the AAA due to the installation of electric to service the Kennecott Eagle Mine. The Marquette County Road Commission voted unanimously to support the resolution that any electric run to the Eagle Mine site will be buried in the roadway, thus saving the tree canopy. The community of Big Bay was in support of buried service to keep the canopy in place for aesthetics and tourism interests. A letter written in September 2008 to the DEQ and the DNR, assured that Kennecott must submit addendums to their mining permit for any new haul road and electric run to the mine site.
August 18, 2009. DEQ Contested Case decision made by Judge Patterson. The judge sided with Kennecott and the DEQ on all matters except the use of Eagle Rock as the portal for the mine. He has recommended that the portal be moved elsewhere and that the Rock not be fenced in and therefore, accessible by native and non-native alike. He indicated the Rock was sacred to the Keweenaw Bay Indian Community and should not be used as a mine portal. The petitioners, (NWF, HMC, KBIC, YDWP) have until October 2nd to submit their written exceptions to Judge Patterson’s rulings. These, along with the Judge’s recommendations, will be forwarded to DEQ Director Steven Chester for his final ruling. If he concurs, Kennecott must develop a new mining plan moving their portal from Eagle Rock. The petitioners, in all likelihood, will file an appeal of this judge’s ruling to Ingham County Circuit Court.
September, 2009. The U.S. EPA has not yet set dates for Kennecott to obtain UIC permits for the proposed Eagle Mine. KBIC, along with several Midwest tribes, have entered into consultation with the EPA concerning Eagle Rock. The EPA has to issue a proposed decision on any permits and have public comment before issuing them to Kennecott. The DNR has stipulated that the project cannot continue on state land until all permits are obtained, including the EPA permits.
Rio Tinto, China Strikes Back
Still smarting from its failed attempt to buy into the Australian mining giant, Beijing makes a new bid to secure its supply of iron ore.
By Bill Powell, senior writer
Last Updated: August 24, 2009: 11:54 AM ET
NEW YORK (Fortune) — After officials in Beijing last month arrested four Rio Tinto executives for allegedly stealing secrets from Chinese steel companies, China took a brutal public relations beating internationally.
The outcry increased when China said that the businessmen — including the head of Rio Tinto’s iron-ore division in Shanghai, Australian passport-holder Stern Hu — had been seized by the State Security Bureau and were suspected of stealing “state secrets.” That meant they could be tried in secret and, more than likely, not even be able to offer any defense.
Then, on August 11, China announced formally that the four had been arrested, but it had dropped the “state secrets” charge and will apparently base the case on commercial bribery allegations. This was, correctly, viewed as something of a climb down, a tacit admission by authorities that they had overreached.
But it didn’t mean Beijing still wasn’t angry about Rio Tinto (RTP) having turned away from a $19.5 billion investment that Chinalco — the state-owned aluminum company — had planned to make in the Anglo-Australian miner. Beijing’s tack now is not just to get mad. It’s to get even.
Opponents Appeal Kennecott Mine Decision
Next stop is the Michigan Court of Appeals
Friday, August 21, 2009 at 6:07 p.m.
The legal battle over Kennecott’s proposed nickel and copper mine in Marquette County isn’t ending anytime soon.
The National Wildlife Federation and three other local groups filed notice Friday that they will take the case to the Michigan Court of Appeals.
A few days ago, a downstate judge refused to overturn the DNR’s decision to lease state land to Kennecott for the proposed mine.
Eagle Rock Honored, Small Homeland Victories
August 18, 2009
Contact: Michelle Halley, NWF – 906-361-0520
NWF and partners pleased with Eagle Rock protection, will appeal remainder of decision
MARQUETTE, MICH – Administrative Law Judge Richard Patterson announced today that he will uphold permits issued to Kennecott Eagle Minerals Company by the Michigan Department of Environmental Quality in 2007, with one critical exception that could nix the project or at the very least require a major overhaul of the mining plan. Nonetheless, the petitioners in the case will likely appeal the portions of the permits not struck down or modified. Attorneys say the contested case record provides a remarkably strong basis for appeal.
In his decision, Patterson recommended moving the mine’s portal, or entryway, from Eagle Rock, a sacred outcropping with spiritual importance to local Native American tribes. Patterson stated that Kennecott and the MDEQ “did not properly address the impact on the sacred rock outcrop known as Eagle Rock” and suggested moving the mine’s entry portal away from the rock.
Michelle Halley, attorney for the National Wildlife Federation, said “Kennecott has claimed for years that Eagle Rock is the only possible location for the mine’s portal. Without that option, this mine could be halted or, at the very least, require a complete overhaul of the mining plan. We are pleased that Eagle Rock will be protected, assuming MDEQ Director Steve Chester follows the judge’s recommendations on this issue.”
Patterson’s decision comes in the form of a recommendation to Chester. According to law, the parties in the case will have an opportunity to file exceptions to the judge’s recommendations by submitting a written document outlining those components with which they agree or disagree. Once Chester has received the exceptions, he will issue his final decision. Chester is not obligated to follow Patterson’s recommendations.
“While the protection of Eagle Rock is fantastic, it doesn’t address most of the technical deficiencies we outlined in the course of the contested case. Therefore we will almost certainly appeal the final agency decision should Director Chester adopt the judge’s recommendations on the remaining issues,” Halley stated.
The decision is the latest development in a series of legal challenges to prevent a foreign mining company with a deeply troubled environmental and human rights history from blasting a risky metallic sulfide mine beneath the Salmon Trout River in the central Upper Peninsula. Petitioners in the case are the Keweenaw Bay Indian Community, Huron Mountain Club, National Wildlife Federation and Yellow Dog Watershed Preserve.
In most areas, the judge’s recommendations failed to address issues that are important to protect workers and the environment. Halley, who said she is still reviewing all of the specifics of the decision, went on to say that NWF will address its concerns in written exceptions presented to the MDEQ and ultimately through appealing Chester’s final decision if it comes to that.
“We put on a solid case and created a factual record that will support appealing the remainder of the permit provisions that Judge Patterson left unaddressed. Many of those are too important to be overlooked and if they should remain unaddressed by Director Chester, we are prepared to appeal,” Halley stated.
“This ruling does not change our firm belief that the decision to permit this mine violates the law,” said Andy Buchsbaum, regional executive director of the National Wildlife Federation’s Great Lakes Regional Center. “We remain committed to protecting the people, economy and wildlife of Michigan from this risky type of mine that has proven deadly to rivers, streams and communities in other states.”
During oral arguments in the summer of 2008, NWF and its partners presented more than two dozen witnesses in a variety of technical disciplines. At the time, Halley remarked “the testimony in this case has done nothing but demonstrate Kennecott’s substandard job in preparing the application and the slipshod review by the DEQ. Testimony at the hearing from Kennecott, MDEQ and our experts proves time and time again that the proposed mine is unsafe for humans and the environment.”
Perhaps most stunning was the admission of MDEQ employee Joe Maki, leader of the mining review team that ultimately recommended approval of the mining permit. Asked under oath if he had applied mining law Part 632’s critical standard which states that the company must prove it will not pollute, impair, or destroy natural resources, Maki stated simply “I did not.” Asked if the mining review team had applied that standard, he said “I don’t believe so, no.”
Should MDEQ Director Chester act on Patterson’s recommendation regarding Eagle Rock, Kennecott will remain stymied and cannot conduct mining operations until a new mining plan is submitted and approved. In addition, the U.S. Environmental Protection Agency must still decide whether the company could obtain necessary federal permits.
Proposed Mining in Menominee: Aquila Teams Up with HudBay
TORONTO, ONTARIO — (Marketwire) — 08/13/09 — AQUILA RESOURCES INC. (TSX: AQA)(FRANKFURT: JM4A) (“Aquila” or the “Company”) is pleased to announce that it has completed a private placement of 12,141,051 common shares of the Company to HudBay Minerals Inc. (“HudBay”) (TSX: HBM). This offering was completed pursuant to a previously announced Subscription, Option and Joint Venture Agreement dated August 6, 2009 between HudBay and the Company.
Rio Tinto’s Troubles in China
The arrest and detention in China of Rio Tinto Ltd. (RIO.AU) executive Stern Hu and other employees isn’t hurting Australia’s relationship with China but could in due course affect the way business is done with China, according to Australian Trade Minister Simon Crean.
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Kennecott’s Proposed South Road
MARQUETTE COUNTY — Kennecott Minerals announced its plans Monday for an alternative road from its proposed mine site to its mill in Humboldt.
It’s called Woodland Road and Kennecott has teamed up with A. Lindberg and Sons, The Michigan Forest Products Council and business and landowner, John Jilbert, to form Woodland Road LLC.
The proposed 22 mile road will start on the AAA road near the mine site, then will use existing logging and snowmobile trails to connect to Wolf Lake Road, then to County Rd. AAD and finally to County Rd. FY, where it hits US-41 one mile east of M-95 and near Kennecott’s proposed Humboldt Mill.