Wiggle Worm: How Kennecott Got Off-the-Hook

January 25, 2009

by Gabriel Caplett

Marquette County, MichiganNew information has surfaced suggesting that the Michigan Department of Environmental Quality (DEQ) assisted Kennecott-Rio Tinto by forgoing proper procedure in allowing the company to reconstruct a road crossing in Fall of 2004.  With Kennecott’s persistence, the DEQ approved an ill-designed plan to install a new culvert on the Triple A Road where a branch of the Salmon Trout River flows.  Kennecott was contracting with Pete O’Dovero, of Associated Contractors, to rehabilitate the road crossing. Read the rest of this entry »


Oversight Issues at the Michigan DEQ

October 24, 2008

Gabriel Caplett – LSMN Editor

Our local state representatives have washed their hands of any decision-making role regarding Kennecott’s Eagle Mine Project and maintain that a decision rests with the Michigan Department of Environmental Quality and science.

But what is this science?  The DEQ relied entirely on Kennecott’s data to approve the mine, denying citizen requests for independent data collection.  Basically, Kennecott said the mine would be safe, so the DEQ said it would be safe and approved it.

Joe Maki is a geologist with the DEQ’s Office of Geological Survey and head of the agency’s mine review team that was responsible for reviewing Kennecott’s permit and recommending a final approval.  In court proceedings regarding the DEQ’s approval, Maki admitted under oath that neither he nor his review team applied a central tenet of Michigan’s new metallic mining law in approving Kennecott’s application. Read the rest of this entry »


Kennecott Legally Required to File for Permit Changes

August 27, 2008

by Gabriel Caplett

Kennecott and the DEQ attempted to bypass Michigan’s “Part 632” metallic mining law by contracting construction of a haul road from the Yellow Dog Plains to the old HumboldtMine (where Kennecott intends to build a processing facility) and running power to its proposed mine along county roads’ 550, 510 and AAA.

Plans for a haul road and electric power were only revealed to the public after the DEQ approved Kennecott’s proposed Eagle Mine plans and were not considered in the permit. Because Part 632 considers metallic “mining activity” to include “construction of haul roads” and construction of utilities or extension of existing utilities,” Kennecott is legally required to submit an amendment request to the DEQ for recent changes to its permit. Read the rest of this entry »


Sulfide Mining: Not a Done Deal

June 25, 2008

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. Read the rest of this entry »


DEQ Sued Over Kennecott Approval

December 20, 2007

by Gabriel Caplett

One week after a controversial decision by the Michigan Department of Environmental Quality to permit a sulfide mine in the central Upper Peninsula, the National Wildlife Federation, Keweenaw Bay Indian Community, Huron Mountain Club and Yellow Dog Watershed Preserve today filed a contested case petition and a lawsuit against the MDEQ as the first step in a legal challenge to halt the mine.

“The opponents of the mine have presented MDEQ with over 1000 pages of unequivocal evidence that Kennecott’s proposed sulfide mine does not meet the state’s legal requirements and would result in profound pollution, impairment, and destruction of air, water and other natural resources,” Michelle Halley, attorney for NWF and the other co-petitioners explained. “The MDEQ has issued permits that are based upon defective, inadequate and incomplete applications and are therefore illegal,” she added. Read the rest of this entry »


DEQ, Governor’s Office Under EPA Scrutiny

December 16, 2007

by Gabriel Caplett

In November, 2007, Dow Chemical reported to the Environmental Protection Agency (EPA) a dioxin concentration of 1.6 million parts per trillion (ppt) in river-bottom sediment adjacent Wickes Park, in Saginaw, MI.  This represents the most concentrated amount of dioxins in the Saginaw River since testing began in 1978 and is the single highest level of dioxin ever reported to the EPA.  The highest level previously found in the Saginaw River measured much less, at 32,000ppt.

Dioxin is a dangerous toxin affecting the nervous and reproductive systems, causes numerous cancers and also affects childhood and fetal development.  Read the rest of this entry »


The Soundest Science Money Can Buy: Drilling, Dioxin and Skullduggery at Michigan’s DEQ

April 2, 2007

by Gabriel Caplett

On March 1, 2007, the Michigan DEQ (MDEQ) withdrew its proposed approval of Kennecott Eagle Minerals Co.’s permit application.[1] The decision was made following the exposure of the DEQ’s failure to publicly disclose a crucial report regarding the crown pillar subsidence and hydrologic stability of Kennecott’s Eagle Project.

DEQ Hears Public Comment, Lansing, December 2005 photo courtesy Doug Cornett

DEQ Hears Public Comment, Lansing, December 2005; Photo courtesy Doug Cornett

The National Wildlife Federation (NWF) had submitted Freedom of Information Act (FOIA) requests to the DEQ, attempting to retrieve a report regarding crown pillar subsidence and the hydrologic stability of the Eagle Project. NWF lawyer, Michelle Halley, stated that the DEQ initially ignored the requests then submitted only partial information before finally releasing the report.

In a phone interview, Steven Wilson, in the DEQ’s Office of Geological Survey, noted that, at the agency, “many reports get lost or shredded.”[2] Read the rest of this entry »


Mines and Communities: Refusing to Play by Company Rules

February 7, 2007

by Gabriel Caplett

On January 9, 2007, the Michigan Department of Environmental Quality (DEQ) granted preliminary approval of Kennecott Mineral’s Eagle Mine permit. The potential metallic sulfide mine is on the Yellow Dog Plains, within a few miles of the shores of Lake Superior. This decision should not have come as a surprise to anyone. According to one member of the DEQ, “the DEQ [is] leaning toward approving the application regardless of any deficiencies.” This fact was already clear to anyone that has attended DEQ hearings/public forums on the issue. To be as polite as possible, the DEQ has found it difficult to mask their disregard for us Yoopers and citizens of Michigan.

Citizens rally in front of Michigan Capitol Building, December 2005

Citizens rally in front of Michigan Capitol Building, December 2005; Photo courtesy Andy Gregg

Read the rest of this entry »


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