Tag Archives: kennecott

Law Firm Provides West Michigan Link to Sulfide Mining

Recently, Mediamouse.org learned that the law firm Warner Norcross & Judd, based in Grand Rapids, is representing Kennecott Minerals in its legal efforts to gain approval for a controversial sulfide mine in Michigan’s Upper Peninsula. Warner Norcross & Judd, located in the Fifth Third Building in downtown Grand Rapids, provides a West Michigan connection to the proposed sulfide mine.

Warner Norcross & Judd has been representing Kennecott for several years according to information found online. Currently the firm is representing Kennecott in a case challenging the Michigan Department of Environmental Quality’s (DEQ) decision to grant Kennecott a permit for the sulfide mine. Plaintiffs with the National Wildlife Federation, Huron Mountain Club, Yellow Dog Watershed Preserve, and the Keweenaw Bay Indian Community have charged that Kennecott’s mine has several technical deficiencies that will lead to pollution and destruction of the environment. The case, which has been ongoing for three weeks, is expected to take an additional two weeks according to media reports. Following the decision, it can be appealed to the Ingham County Circuit Court.

Two attorneys representing Kennecott, Eugue Smary and Dennis J. Donohue, wrote an article in 2006 in the Michigan Environmental Law Journal praising the regulations that allowed sulfide mining in Michigan. Smary had “significant involvement” in the passage of the regulations according to Warner Norcross & Judd’s website. While the regulations were written with input from environmentalists, environmentalists have said that the sulfide mine violates those regulations.

However, it is not just this sulfide mine that the Grand Rapids law firm has helped defend. Its website touts the fact that it acts as counsel to several mining companies both in the United States and internationally. Warner Norcross & Judd also represents the Michigan Aggregates Association, a trade group and political action committee (PAC) representing gravel and mineral interests. The law firm–along with Kennecott–is also part of the Michigan Chemistry Council, another business advocacy group that works on regulatory and legislative issues in Lansing.

Michigan DEQ Grants Preliminary Approval to Flawed Sulfide Application

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On Monday, the Michigan Department of Environmental Quality (DEQ) announced that it has approved a permit for a sulfide mine near Marquette in Michigan’s Upper Peninsula. The so-called “Eagle Project,” which would be operated by Kennecott Minerals, has drawn considerable public opposition over the past year and a half. Opponents of the mine have highlighted the environmental destructiveness of sulfide mining and warned that the mine threatens the unique ecosystem of the Yellow Dog Plains.

Earlier this year, the approval process for the mine was temporarily suspended after the DEQ realized that documents critical of the proposed mine had been withheld from the publicly released permit application. However, following an internal investigation that was widely criticized by opponents of the mine, the DEQ ruled the documents were only unintentionally withheld from the public. Despite calls for the removal of Michigan’s chief mining regulator by opposition groups, no officials were removed or strongly sanctioned as a result of the controversy. Instead, in a three-page document the DEQ explains that the mine will “not pollute, impair, or destroy the air, water, or other natural resources or the public trust in those resources” and must therefore be given approval pending public comment.

Save the Wild UP, one of the major organizations opposing the mine, criticized the decision on Monday, as did representatives of the Yellow Dog Watershed Preserve and the National Wildlife Federation. Opponents charge that there are still many deficiencies in the application and that the DEQ’s previous failures make it impossible to trust the agency. Dick Huey, co-founder of Save the Wild UP, stated:

Our Governor apparently buys a loose promise of short-term cash and turns a blind eye to the long-term environmental damage of every sulfide mine that has ever been. DEQ follows the political wind, with an eye on our Governor. Michigan citizens and anyone drinking Great Lakes water should fear long term elevated incidence of Alzheimer’s, birth defects and cancer if permitting this mine opens the door to a new sulfide mining district.

There was also criticism of the DEQ’s role in facilitating rather than regulating mining, with UP resident Philip Power stating:

At the start of all this, some of us actually believed the DEQ could handle review of Kennecott’s permit applications with integrity and impartiality. The agency’s record since then belies these hopes. The internal culture of the Office of Geological Survey is to facilitate mining, not regulate it. Documents have been suppressed, Freedom of Information requests ignored, and the commitments made by the agency to prevent pollution have been overthrown. Now the DEQ proposes to grant to Kennecott an air permit that allows the company to spew toxic copper and nickel dust all over the central UP. It’s increasingly clear the DEQ has neither the expertise nor the guts properly to review this project.

Additionally, the Michigan DEQ has resumed the public comment period and has scheduled upcoming public hearings on the mine application. Hearings will now take place in the Upper Peninsula near Marquette in Forsyth Township at the West Branch Community Center from September 11-13, and in the Lower Peninsula in Lansing at the Lansing Center on September 19. Written comments can be submitted via email to DEQ-Kennecott-comments@michigan.gov or via postal mail to:

DEQ/DNR Kennecott Comments

Office of Geological Survey

P.O. Box 30256

Lansing, Michigan 48909-7756

A final decision is expected on or before November 14, 2007.

Temporary Victory in Effort to Stop Upper Peninsula Sulfide Mining Project

Earlier today, the Michigan Department of Environmental Quality (DEQ) announced that they have withdrawn their proposed decision to approve a permit for Kennecott Eagle Minerals Company to open sulfide mine near Marquette in Michigan’s Upper Peninsula. The DEQ had previously issued a proposed decision supporting mine, but it decided to rescind that decision after discovering that two reports on the structural integrity of the mine were not made part of the public record, nor were they given a “comprehensive technical review.” With the discovery of this omission, the DEQ has postponed planned public hearings on the mine while it conducts a review of the reports examining their technical, legal, and policy impacts. Just a week ago, the proposed mine faced another hurdle when the Environmental Protection Agency (EPA) announced that additional permits would be needed before the mine can begin operating.

In addition to reviewing the technical merits of the reports, the Michigan DEQ is also “undertaking an extensive procedural review” to determine why the reports were not reviewed and why they were not made publicly available. The DEQ further stated that staff affected by the review will be assigned to other projects while the review is underway. Unfortunately, such oversights are commonplace in the mine permitting processes in the United States, according to a study released in December of 2006 by Earthworks. The group found that particularly with regard to water contamination, mines are frequently approved after regulators assert that they will not generate pollution only to find that they later generate considerable pollution.

Save the Wild UP, one of the primary organizations opposing the mine, described the decision as “a wonderful step in the right direction” and called on people to continue organizing to keep up momentum.

Michigan DEQ Announces Lansing Hearings on Proposed Sulfide Mine in the Upper Peninsula

On Friday, the Michigan Department of Environmental Quality announced that it will hold a hearing in Lansing on the Eagle Project sulfide mine. The mine, proposed for an area in Marquette County in the Upper Peninsula of Michigan known as the Yellow Dog Plains, has drawn considerable opposition from residents of the Upper Peninsula. The mine would be operated by an international mining company called Kennecott, who has a history of operating environmentally destructive mines. The metallic sulfide mining process in question has a high potential for environmental destruction and is a direct threat to the environment in the Upper Peninsula both because of this specific mine as well as Kennecott’s ownership of mineral deposits throughout the region (http://www.savethewildup.org/michigan-map/largemp.jpg) and the likelihood that they will try to open additional mines in the future. While receiving significant attention in the public and in the media in the Upper Peninsula, there has not been much discussion or opposition to the proposed mine in the Lower Peninsula. Hopefully, with the Lansing hearings scheduled for March 12 at 1:00pm and 6:00pm at the Lansing Center , this will change as it will offer opponents of the mine in the Lower Peninsula a chance to publicly state their opposition. Before the announcement of the hearings in Lansing, the DEQ had planned only to hold a series of hearings in Marquette with no opportunity for citizens in the Lower Peninsula to publicly address their concerns to the DEQ.

In January, the mine was given preliminary approval by the Michigan Department of Environmental Quality, who ruled that Kennecott’s application is complete and that their planned mine “provides for proper protection of the environment, natural resources, and public health and safety.” The DEQ issued their preliminary approval before the end of the public comment period, claiming that they will continue to listen to the public and may extend their deadline for making a decision pending issues raised by the public. Unfortunately, the press release announcing the Lansing hearings makes it clear that the DEQ wants to approve the mine, with the press release explaining that Kennecott would use “underground mining methods that are designed to avoid impacts to the nearby Salmon Trout River or adjacent lands” and would return the area to its “original condition” once they were done mining. The preliminary approval was granted despite Kennecott’s initial failure to provide all required information, serious questions about the environmental impacts of sulfide mining, Kennecott’s own history of operating polluting mines, and a recent study showing that mines are frequently approved without adequate review leading to widespread water pollution. The DEQ’s decision raises questions about how much it values the input of Michigan residents, especially in light of another recent decision in which it approved a water bottling and pumping operation in Osceola County but praised the fact that it would continue to accept public comment even though the decision had already been made.

Save the Wild UP, one of the most visible organizations opposing the sulfide mine, is continuing to organize a wide array of opposition to the mine. The organization is producing a 12-page insert that will be included in the Marquette Mining Journal on February 27, highlighting the threat of sulfide mining, the potential impacts on Marquette County, and an examination of the larger issue of mineral rights leasing in the Upper Peninsula. A workshop on preparing for the upcoming DEQ hearings in Marquette is also planned, offering those who are testifying important strategies for making their testimony more meaningful to DEQ regulators. In addition, Save the Wild UP also has an online action titled “5 Simple Things That You Can Do Now to Protect Michigan’s Water” to help facilitate the process of asking Governor Jennifer Granholm to fulfill her promise to protect Michigan’s environment by opposing sulfide mining, contacting your Representative and Senator, and even automating the process of sending letters to the editors of Michigan’s major newspapers.

Sulfide Mining Application Decision Deadline Extended

Save the Wild UP announced last week that the state of Michigan is extending its deadline for making a decision on whether or not to allow Kennecott Minerals to engage in environmentally destructive sulfide mining in Michigan’s Upper Peninsula. The Michigan Department of Environmental Quality (DEQ) has extended its deadline for making a decision on Kennecott’s application for a mining permit until January 9, 2007. As part of this process, the DEQ is accepting public comment on Kennecott’s response to 91 “deficiencies” in the corporation’s original mining application. Comments are being accepted until December 26, 2006 and after the DEQ announces its preliminary decision in January, it will announce a series of public hearings to take place regarding the mining application. According to Save the Wild UP, the hearings will likely take place in February and the DEQ is expected to consolidate hearings on a variety of issues pertaining to the mine including groundwater discharge and air quality into the same hearing.

Michigan Sulfide Mining Permit Process Stalled by Court Ruling

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

Legal Action Delays Decision on Michigan’s First Sulfide Mining Permit

An Ingham County Circuit Judge has delayed a decision on whether to grant a mining permit for the state’s first sulfide mine according to Mining Journal. The legal action has delayed a decision on the permit, which following a public comment period conducted by the Michigan Department of Environmental Quality (MDEQ), was expected by June 13. Judge Paula J.M. Manderfield of Lansing has since ordered MDEQ to postpone its decision pending the results of a June 22nd hearing on an appeal filed by the Keweenaw Bay Indian Community, the Huron Mountain Club, and the Yellow Dog Watershed Preserve, Inc. Their appeal seeks a formal hearing to determine whether the mining permit filed by Kennecott Minerals is complete and to halt any further processing of the application until the permit application is verified to be complete. The groups filing the lawsuit are arguing that the application is incomplete with Kennecott Mining failing to adequately address impacts on areas surrounding Kennecott’s proposed Eagle Mine. The appeal was filed following an administrative judge’s ruling that a petition filed in May with the state’s Office of Administrative Hearings ruling that it does not have jurisdiction to over the issue until the permit process is incomplete.

The 60-page petition filed in May charged that Kennecott’s application is missing or includes inadequate information on a variety of issues relating to the proposed mining project in the Upper Peninsula’s Marquette County. The mining project, dubbed the “Eagle Project” and planned by the international Kennecott Minerals Company, would be Michigan’s first sulfide mining operation. The area in which the proposed mine would be constructed is an ecologically important site called the Yellow Dog Plains near Big Bay, Michigan at the headwaters of the Salmon Trout and Yellow Dog Rivers. The information that is purportedly missing from the application includes details relating to groundwater and hydrogeologic data, surface water level and discharge rate data, groundwater and surface water quality data, meterological data, terrestrial flora and fauna data, and transportation plans and impacts. Such information could be critical in evaluating the project, as the metallic sulfide mining that Kennecott hopes to conduct at the site is environmentally destructive with a mining process that could potentially cause significant pollution of surface waters and underground water aquifers.

Another potential complication for Kennecott—aside from the court action and public opposition to the project—is the recent finding of a rare bird species in the Yellow Dog Plains. The bird, Kirtland’s Warbler is a federally listed endangered spices of which only 1,400 remain in ten Michigan counties. The bird is incredibly rare, with only eighteen birds being counted in 2005. The birds have limited habitats and nest only in stands of jack pines five to twenty feet tall and five to twenty years old. Such habitats may have been destroyed in a 6,000-acre fire in Huron National Forest, forcing the Warblers to move into the Yellow Dog Plains. Should the bird’s sighting be confirmed with the United State Fish and Wildlife Service to document, the Yellow Dog Plains Watershed Preserve could potentially seek legal action to protect the habitat.

The proposed mine has been met with considerable grassroots organizing in the Upper Peninsula. A variety of organizations—Eagle Alliance, Save the Wild UP, Northwoods Wilderness Recovery, Wolf Pack, and other groups—have organized in opposition to the mine. According to an email sent out recently by Save the Wild UP, all Michigan native tribes have passed a resolution opposing sulfide mining in the state, as has the Green Party of Michigan. Land Owners Opposed to Sulfide Mining has also grown to 320 supporters.

International Mining Company to Request First Permit under Michigan’s New Sulfide Mining Regulations

Kennecott Eagle Minerals Company, an mining international company located in Salt Lake City and a subsidiary of Rio Tinto of London, England, applied Tuesday for the first mining permits under Michigan’s recently passed sulfide mining regulations. The permits are being sought by Kennecott for a mining endeavor called the Eagle Project in the Upper Peninsula’s (UP) Yellow Dog Plains near Big Bay, Michigan near the headwaters of two important rivers, the Salmon Trout and the Yellow Dog. Kennecott applied for a total of three permits for drilling, ground water removal, and diesel emissions and Michigan’s Department of Environmental Equality (DEQ) has 210 days to rule on the permit during which time one public hearing will be held on the issue.

The type of mining that Kennecott wants to conduct, metallic sulfide mining, differs substantially from the iron mining that occurs at other mines in the UP and has not previously been done in the UP. In order to obtain these sulfides, the company will mine ores, that, when they come in contact with air and water, start an anti-oxidizing process that creates sulfuric acid, other potentially toxic dissolved metals, and acid mine drainage (a term referring to the outflow of acidic water from mines). Consequently, all waters from a sulfide mining operation must be contained in lined holding pits and must be treated before being reintroduced to the environment. The pits run the risk of overflowing and flooding which then results in the introduction of acid mine drainage into surface waters and the underground aquifers. Kennecott has had problems with other mines it runs and acid mine drainage, most notably with its Green’s Creek Mine in Juneau, Alaska and the Flambeau Mine in Ladysmith, Wisconsin. According to research conducted by the Eagle Alliance, Kennecott tops the Environmental Protection Agency’s (EPA) list of corporations with the highest toxic release in the United States.

Due to the possibility of pollution from the proposed mine, several groups in the UP have organized in opposition to the mining project, including the Eagle Alliance, Save the Wild UP, and Northwoods Wilderness Recovery. While obviously focusing on the environmental impacts, the groups have also been organizing around the Michigan DEQ’s failure to enforce regulations as well as around labor issues, both in terms how many jobs might be provided by the mining project as well as Kennecott’s parent company’s dismal labor relations record (Kennecott has actively tried to prevent unions from forming in its mines). Activists have been quick to point out that while the project will create between one-hundred and two-hundred jobs, the jobs will be of temporary nature, lasting an expected five to seven years. Moreover, if one looks at Kennecott’s Flambeau Mine in Wisconsin, a mine that is roughly the same size as the one proposed for the UP, only 20 to 25% of the employees were local with the majority coming from outside the state. Similarly, while the mine may bring up to $100 million in investment, the ore body may be worth up to $2.8 billion and 90% of the profits will leave Michigan.

While the new sulfide mining laws are “probably…the strictest in the nation” according to spokesperson Bob McCann of the Michigan Department of Environmental Quality, many residents of the Upper Peninsula and environmental activists are raising concerns that the new project will result in irreversible environmental harm, the full extent of which may be unknown to the public until after the mine is closed. Activists have pointed out that the sulfide mining regulations do not identify places where mining is inappropriate, for example those where erosion, landslides, and water pollution cannot be prevented, nor do they require companies to provide examples of other mines they have operated without harming the environment. There are also questions of transparency, as a confidentiality clause in contracts between the State of Michigan and lessee corporations makes it so that companies such as Kennecott are not required to reveal exactly what they are looking for, although they have publicly stated that they are hoping to mine nickel, copper, gold, zinc, and other base minerals. The US Geological Survey has identified the Lake Superior region as having great potential for Nickel and Copper Sulfide deposits, and as a result, activist groups are raising concerns that the UP may see a significant increase in mining and are citing the fact that in the last similar mining upsurge in the western United States, 40% of the groundwater became polluted by mining. Additionally, the infrastructure needed to support the mining project will require the construction of paved roads in previously unpaved areas, power grid expansions, and railroad expansion.

Already Kennecott owns 462,000 acres of mineral rights in the Upper Penninsula in Marquette and Baraga counties and leases an additional 4,200 acres from the state of Michigan and 5,500 from private mineral owners. Much of the land where Kenecott has mineral rights are located in the Ottawa and National Forest and the Escanaba River State Forest.

Save the Wild UP has prepared a number of action ideas for those interested in working on the issue and are encouraging people to contact their legislators and Governor Granholm.