Since first announcing plans for its nickel-copper Eagle Project mine, Kennecott Minerals – a subsidiary of London-based Rio Tinto – and the State of Michigan have tried to portray the mine as “a done deal.” At each step in the approval process, new information has been presented to the public, thus breaking up the full effects of Kennecott’s mining plans into smaller, presumably easier to digest, segments.
At the same time, science not conducive to an honest approval of Kennecott’s plans has been suppressed while public comment has been nearly entirely disregarded. The Department of Environmental Quality’s (DEQ) Deputy Director, Skip Pruss, has gone so far as to refer to public comment as “chaff.”
Keweenaw Bay Indian Community (KBIC) treaty rights with the US government have been equally disregarded, as well as KBIC’s concerns with blasting into and fencing-off Eagle Rock, a culturally sensitive and sacred rock outcropping on the Yellow Dog Plains.
State legislators and officials have assisted Kennecott by presenting approval of their mine as simply a legal and legislative process, disregarding the power of ordinary citizens to effectively stop development of an unpopular mining plan.
So….What IS the Deal?
For years prior to final DEQ approval of mining, groundwater and air permits for the Eagle Project Kennecott maintained it would operate “a small underground mine” covering “less than 90 acres” and having little impact on the ecology of the Yellow Dog Plains, claiming “the relatively small footprint of the project means less impact to the environment and community.”
Less than a week after the DEQ’s approval, in December, 2007, Rio Tinto announced plans to open up to six additional metallic mining projects within a 50 mile radius of Eagle. In November, Rio Tinto Copper CEO, Bret Clayton, told a group of Australian investors, “At Eagle we are also focused on six further adjacent prospects, which may give us the potential to extend the mine life beyond 30 years at its current scheduled production rate.”
One of the six additional projects, the sarcastically-named “Keweenaw BIC” deposit is located on KBIC reservation land, near the Copper Country State Forest.
Less than two weeks following Michigan Department of Natural Resources (DNR) approval of Kennecott’s reclamation plan and a surface use lease permit, the Alger-Delta Rural Electric Association and Kennecott issued a joint news release, “Powerline Upgrade Sparks Benefits for Big Bay and the Environment,” confirming that Alger-Delta would supply Kennecott with power for its Eagle Project mine.
Alger-Delta has already begun clearing timber for the $6.4 million power plan, despite lacking Champion Township approval to run the line to the mine site.
Even Tom Harrell, Alger-Delta’s General Manager, has played a role in presenting the mine as a “done deal.” In discussions with Alger-Delta members, Harrell claims that “Kennecott has received five out of five permits to build and operate the mine,” ignoring that Kennecott has yet to receive an Underground Injection Control permit from the US Environmental Protection Agency (EPA).
At a February 22, “Citizen Advisory Group” (CAG) meeting Kennecott planned a PR coup to announce plans for its processing facility, in Humboldt. Eagle Project manager, Jon Cherry, recently referred to Humboldt as a future “regional milling facility” and “industrial complex.”
Kennecott ended the meeting when local citizens, organized by Yellow Dog Summer, addressed the board and noted that the CAG did not adequately represent local opinion.
CAG member, Jessica Mistak, from the DNR’s Fisheries Division, commented that parts of the process have been defined by a “lack of transparency.” Mistak noted that she first heard about Kennecott’s power plans in the local newspaper and was never briefed on them during DNR discussions or negotiations with Kennecott.
Next Steps
Kennecott has claimed it would begin breaking ground in May, 2008, although a contested case hearing with the DEQ has not concluded and a court case on the DNR decision will not begin for weeks. Appeals of the decision are expected upon conclusion of the contested case.
The contested case is being heard by Administrative Law Judge Richard A. Patterson, a former DEQ employee. Following weeks of testimony, Patterson will present an opinion to DEQ Director, Steven Chester, who will likely continue with approval of the project. Prior to his DEQ appointment, Chester worked for a law firm that assists Dow Chemical in softening environmental regulations and reducing company liability regarding extensive dioxin contamination in the Saginaw/Midland area.
Further, the EPA has yet to consider Kennecott’s application for an injection permit. The company plans to inject 184,000,000 gallons of treated mine wastewater an aquifer considered one of the most easily-contaminated in the US. Once a preliminary decision is made, the EPA must hold public hearings before reaching a final decision.
Most importantly is the role that citizens will still play in opposing metallic sulfide mining. As citizens have already delayed the Eagle Project by 2 years, it is important to realize the effectiveness of a highly-committed grassroots effort in stopping or stalling major mining projects.
In spite of corrupt local and state government relationships with transnational mining companies, projects have been stopped by citizens around the world, including communities in Crandon, Wisconsin; Peru; Ecuador and Ontario. Citizens in West Papua are currently suing Rio Tinto in US District Court over human rights and environmental violations at the company’s Grasberg Mine.
LSMN
Eve Divine
doncorvette
