On Thursday of last week, Lansing Judge Paula J.M. Manderfield sent back Kennecott Eagle Minerals’ request for the state’s first sulfide mining permit to the Office of Administrative Hearings and Rulings. The ruling overturned a ruling made in May by administrative Judge Richard Lacasse who rejected a petition by the Keweenaw Bay Indian Community, four tribal members, the Huron Mountain Club, and the Yellow Dog Preserve Inc. who allegied that the permit application filed by Kennecott was incomplete and that the Michigan Department of Environmental Quality (DEQ) ruled in error when it determined that Kennecott’s application was “administratively complete.” Judge Manderfield further ordered that the hearing on the status of Kennecott’s application—which has not yet been scheduled—be heard by a different judge as Manderfield said that Lacasse created a conflict of interest in contacting the DEQ for advice on how to proceed with the petition filed by opponents of the mine.

The ruling last week prompted Save the Wild UP, a group organizing against the sulfide mine, to send out an email titled “We are Winning” in which Cynthia Pryor of the Yellow Dog Watershed Preserve stated that “the perception of ‘winning’ is in our favor.” Pryor’s email explained that until there is a new hearing on the contested permit, the application process is stayed and that Kennecott will not be able to commence mining. At this point, no judge has been appointed nor has a hearing date been chosen. The DEQ also submitted a letter to Kennecott outlining 91 areas where additional information is needed before a permit can be issued. The DEQ is seeking more information from Kennecott on a variety of issues including planned transportation routes, impact on endangered species, impact on groundwater, and mine crown stability.

Background information on sulfide mining in Michigan | Petition against sulfide mining