Tag Archives: Great Lakes

Eagle Rock Honored, Small Homeland Victories

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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.

Protect the Earth August 1st and 2nd

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Protect the Earth Agenda
Saturday August 1st

Workshops, Dance and Music: Northern MI University, Whitman Building, Whitman Commons (Rooms 122 and 124), and West Science Building, Mead Auditorium, Marquette, MI, 12-4 pm and 6-8 pm (See Details Below)

Workshop Speakers Include, Saturday 12-4 pm, Whitman Building, Whitman  Commons,  Rooms 122 and 124:

Lorraine Rekmans: Serpent River First Nation (Uranium Mining)

Al Gedicks: University of LaCrosse WI, Wisconsin Resources Protection Council, Author and Filmmaker (WI Grassroots Multicultural Movements)

Laura Furtman: Author (Pollution at Kennecott’s Flambeau Mine, WI)

Stuart Kirsch: Anthropologist, University of MI (Indigenous Movements, Papua New Guinea)

Eric Hansen: Writer and Traveler (The Upper Peninsula, A Spiritual Homeland)

Lee Sprague: Sierra Club Clean Energy Campaign Manager and Former Ogemaw of the Little River Band of Ottawa Indians

Mike Collins: Michigan Student Sustainability Coalition

Tim DeChristopher: University of Utah student, Oil and Gas Drilling

Music 12-4pm Throughout Workshops and 15 Minute Breaks, Whitman Building, Whitman Commons Room:

Victor McManemy: Citizens for Alternatives to Chemical Contamination, Musician

Skip Jones: Wisconsin Folksinger, Educator and Social Activist

Music and Dance:Whitman Commons,  6-7:30pm

Megan Tucker: Anishinaabe Fancy Shawl and Hoop Dancer

Bobby “Bullet” St. Germaine: Ojibwe Folksinger

Movie demo: Mead Auditorium, New Science Facility NMU: 7:40-8:00pm

“Yoopers vs. Giant Mining Corporation”, NMU Mead Auditorium, Right Across from the Whitman Building, 7:30-8 pm

Sunday August 2nd

Walk to Eagle Rock (2 miles): Meet and Park at the Clowry Trail, Follow the Signs from County Rd. 510, 10:30 am
Bring your blueberry pails! (Rides will be provided back to your vehicles, and if you cannot walk the two miles please meet at Eagle Rock for lunch and speakers at 12pm) (Also, see directions below)

Lunch,Speakers,Ceremony: Eagle Rock, 12-2pm

Fred Ackley, Fran Van Zile, Jerry Burnett: Mole Lake Sokaogon Chippewa

Jessica Koski: Keweenaw Bay Indian Community (Sacred Sites)

Lee Sprague: Little River Band of Ottawa Indians

Al Gedicks: WI Resources Protection Council

Eric Hansen: Traveler, Author

Lorraine Rekmans: Serpent River

Bobby “Bullet” St. Germaine: Lac du Flambeau

Kenn Pitawanakwat: Manitoulin Island

Tom Williams: Lac Vieux Desert

Visit yellowdogsummer.wordpress.com for more information or call 906.942.7325

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Great Lakes United wins mining lawsuit

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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

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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
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Canada’s toxic mine tailings secret goes to court: Information on toxic pollution from mines being hidden from public

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TORONTO – Canada’s Federal Court heard a lawsuit case on Monday against the Minister of the Environment for failing to ensure that Canada’s mining industry publicly reports the hundreds of millions of kilograms of toxic pollution it generates each year.

The lawsuit was filed in Federal Court in late 2007 by Ecojustice (formerly Sierra Legal Defense Fund) on behalf of Mining Watch Canada and Great Lakes United. The Application for Judicial review alleges that the Minister broke the law when he directed mining companies to not report huge amounts of pollution sent to tailings ponds and waste rock piles to the National Pollutant Release Inventory (NPRI).

“We are arguing that the Minister has ignored his legal duties under the Canadian Environmental Protection Act to provide the public with the full extent of pollutants released by mining companies in Canada,” said Justin Duncan, Staff Lawyer with Ecojustice. “The Canadian public – and especially residents living downstream from mining operations – have the right to scrutinize the environmental and health hazards these mining companies continue to create”

In stark contrast, for more than a decade the U.S. government has required mining companies to report the amount of pollutants they release under the American equivalent of the NPRI, the U.S. Toxics Release Inventory (TRI).

In 2005, in the United States, mining operations represented less than one-half a percent of all industries reporting to the TRI; however, they accounted for 27% of all pollutants released – more than 530 million kilograms of toxic materials.

Pollution in the form of mine tailings and waste rock – the data being withheld from the Canadian public – accounted for more than 97% of the total pollutants reported by the U.S. mining industry.

“Given the enormous amounts of carcinogens and heavy metals like lead and mercury reported in U.S. mine tailings, it is absurd that Canadian mines are being let off the hook and not reporting this massive form of toxic pollution,” said MiningWatch Canada spokesman Jamie Kneen. “Whether you live in Smithers, British Columbia, Voisey’s Bay, Newfoundland and Labrador, or anywhere in between, Canadians have a right to know what poisons industry is releasing into our air, water, and soil.”

“There are at least 80 facilities across the country not reporting their tailings and waste rock pollution to the NPRI. If the U.S. figures are any indication, this could be many millions of kilograms of toxic pollution,” said John Jackson, Director of Clean Production and Toxics for Great Lakes United. “But, so long as the Minister of the Environment continues to direct the mining industry to break the law and conceal these figures, we’ll never know.”

For further information please visit www.ecojustce.ca or contact:

Justin Duncan or Marlene Cashin, Ecojustice (416) 368-7533 ext.22 or ext. 31 John Jackson, Great Lakes United, (519) 744-7503 or 519-591-7503 (cell) Jamie Kneen, MiningWatch Canada (613) 569-3439