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Editorial from Rep. Stupak: Gulf spill holds lessons for protecting Michigan waters, Great Lakes from drilling, sulfide mining

June 26, 2010

By U. S. Congressman Bart Stupak (D-Menominee)

WASHINGTON, D. C. — It is difficult to think of northern Michigan without also thinking about the Great Lakes. These waters are vital to our economy and are relied upon by 45 million people for drinking water, fishing, recreation, agriculture, industry and shipping.

That is why, in 2005, I fought to pass a federal ban on oil and gas drilling in and under our Great Lakes. As we are witnessing right now in the Gulf of Mexico, oil spills know no boundaries. Without a federal policy, all of the Great Lakes states could have different laws on drilling in our shared waters, putting us all at risk. As the tragedy in the Gulf unfolds, the importance of this ban on drilling in the Great Lakes takes on a greater significance.

In my investigations as chairman of the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations, we have uncovered thousands of pages of documents showing BP was willing to cut corners on safety in order to save time and money — this despite the fact that BP’s own engineers described the well as a “nightmare well.”

This mismanagement has continued in BP’s response to contain the leak and clean up the spilled oil. The latest report estimates 35,000 to 65,000 barrels of oil are leaking into the Gulf daily — up to 12 times more than BP’s original estimate of 5,000 barrels a day. Even BP admits the earliest the spill will be stopped is August when drilling of relief wells is completed. In the meantime oil continues to flow, contaminating marshlands and beaches and killing the fish and seafood that much of the Gulf’s economy depends on.

While drilling for oil and gas is banned in the Great Lakes, other actions still threaten our waters. Mining has been done safely to the benefit of the Upper Peninsula economy for generations, but the sulfide mine proposed in Marquette County by the Kennecott Minerals Company raises concerns that have yet to be adequately addressed.

Both BP and Kennecott’s parent company, London-based Rio Tinto, have earned reputations for their willingness to cut corners on safety and environmental safeguards to improve their bottom lines.

BP reached an agreement with the President to set up an independent escrow fund to ensure the residents of the Gulf receive the claims they deserve in a timely manner. I remain concerned that Kennecott’s $17 million assurance bond does not provide nearly enough funding to address potential contamination that may continue years after Kennecott leaves the U.P. Like BP, Kennecott — not the taxpayers — should be responsible for the cost of cleaning up any pollution they create.

Unfortunately Michigan’s mining laws fall short of holding Kennecott accountable. State permits were approved without requiring an Environmental Impact Statement and without independent baseline hydrological and geological studies. Because there is no evidence of the environment’s condition before Kennecott starts mining, there is no way to prove what damage they cause.

We should heed the lessons we have learned from the Gulf spill. Weak state regulations in place for sulfide mining are worthless without proper enforcement. Given Michigan’s continuing budget problems, it seems unlikely the Michigan Department of Natural Resources and Environment will have adequate resources to ensure Kennecott is complying with safety and environmental standards. Kennecott should be responsible for providing the state with the funding needed for these inspectors.

The U.S. Environmental Protection Agency (EPA) will announce by the end of the month whether federal permits are necessary for the mine to move forward. Kennecott deserves a timely answer from the EPA just as the people of Michigan deserve stronger safeguards and greater financial assurances from Kennecott.

Oil companies have been engaged in deepwater drilling for 30 years, yet they have been completely unprepared to handle a worst-case scenario. Sulfide mining has never been done — much less done safely — in our region. I have little confidence that the proper precautions and contingency plans are in place to prevent contamination of our streams, rivers and the Great Lakes. The financial protections put in place for taxpayers are symbolic at best. As we have seen in the Gulf spill, if we wait until a problem occurs to find a solution it is already too late.

In contrast, Jason Allen, a contender for Bat Stupak’s congressional seat,  calls for reduced regulation of mining and forestry in Michigan.

By Eartha Jane Melzer 6/22/10

While many are calling for increased federal oversight of mines in the wake of the Massey mine disaster, and of industrial processes generally as BP’s oil rig continues to leak into the Gulf, Jason Allen — a major Republican contender for the congressional seat long held by Bart Stupak — is saying that he would use his seat to roll back federal environmental regulation.

Campaigning at a luncheon hosted by the Antrim County Republican Women in Elk Rapids on Monday Allen blamed both state and federal environmental regulation for Michigan’s high jobless rate.

He said that he would fight the U.S. Environmental Protection Agency as well as state regulators to ensure that the nickel sulfide mine planned by Kennecott Eagle Minerals Company gets built on the Yellow Dog Plains west of Marquette.

This spring Kennecott declared that it did not need a federal water permit for the project and began construction of the mine without approval from the EPA.

The mine has Upper Peninsula groups including the Keweenaw Bay Indian Community are suing state agencies over the approval of permits for the project, arguing that it will harm the watershed with acid mine run off and damage cultural resources.

“Places like Baraga are running at 23-24 percent unemployment,” Allen said, “and we have to get those people back to work in the mines.”

“We will continue to fight the EPA and continue to fight what is going on with the [Michigan Dept. of Natural Resources and Environment] to get that mine licensed because that provides good solid jobs to get our people back to work and that is how we feed America.”

Allen also said that as a U.S. congressman he would fight to expand timber harvest on federal land.

“They are only harvesting about 18 or 15 percent of the entire available forest on federal lands,” he said. “We also will try to use federal lands for anything we can do as far as mining, timber harvesting, reducing regulation.”

Allen also vowed to reduce air quality regulation and support the development of new power plants.

“We are going to do everything in our power to get things like the Rogers city power plant built and stop the massive amount of regulation laid out by this current president and his current administration and we will continue to fight for those types of projects.” (It should be noted that no new environmental regulations have been passed since President Obama took office)

The Michigan Public Service Commission and the Department of Natural Resources and Environment recently rejected plans by Wolverine Power Cooperative to build a petroleum coke and coal fired power plant in Rogers City. The regulators said that the plant is not needed and that building it would increase the cost of electricity.

Allen is competing against five other Republicans for the party’s nomination in the August 3 primary.

The other candidates are: Dr. Dan Benishek of Crystal Falls, Linda Goldthorpe of Curtis, Don Hooper of Iron River, Tom Stillings of Torch Lake, and Patrick Donlon of St. Ignace.

Allen is seen as the front runner, and if he managed to beat Democrat State Rep. Gary McDowell and take the seat in the general election, there could be some significant changes in the way the first district is represented.

While Allen says he will fight EPA and state regulators to allow the Kennecott mine, Stupak has warned that the state did not thoroughly review the mine before issuing permits and that the state might not have sufficient resources to provide oversight for the mine.

“I am not opposed to mining. I remain very supportive of mining in the U.P. However, these permits represent the first time the state is allowing sulfide mining. State officials must take their time and make sure sulfide mining is safe. It is critical that comprehensive independent studies be completed before additional permits are issued. Once permitted, I am fearful as many as six additional sulfide mines will be allowed to operate on the shores of the Great Lakes, jeopardizing the world’s largest body of fresh water.”

“The Kennecott Company has yet to prove the sulfide mine will not degrade the community, watershed, air quality or ecology of the area,“ Stupak said. “I will continue to urge EPA and DNR to thoroughly review this proposed sulfide mine.”

Allen’s discussion of environmental issues contrasts with the approach taken by Republican gubernatorial candidate Rick Snyder, who also spoke at the Antrim County Republican event.

A former trustee of the Nature Conservancy, Synder has said that as governor he will increase the resources available to state environmental regulators.

Synder said that Michigan must preserve its environment so that people will want to live here.

“I tell people I am a good green Republican. We need to work on getting people to look at environmental issues in a different context than they traditionally have,“ he said. “Too often people say there are environmental things and then there are economic things. I disagree with anyone who takes that position. In my view they are absolutely intertwined.”

“Quality of place” is essential to retaining and attracting young people, he said, “and a key part of quality of place is a thriving sustainable environment.”

“We as a party need to get our act together .”

BP Regulatory Issues:  http://www.adn.com/2010/06/26/1342800/bp-helped-state-investigate-itself.html

Update: “Protecting the Water” Camp on the Yellow Dog Plains

June 25, 2010

Charlotte reluctantly packed up her campsite Thursday night and returned to her home in Baraga for the long weekend. She and her family camped in the rain, sun and bugs this past week on state land adjacent to the Kennecott fence line.  Machinery and lights could be seen and heard on a regular basis and vehicles traveled the camp’s access road all hours of the day.

After her arrest for trespassing on May 27, Charlotte planned on re-setting camp on the Yellow Dog Plains to be near Eagle Rock- a sacred site to the Anishinaabe people. Her goal was to bring closure to her month long experience that began on April 23, when she first spent the night in her car at the base of Eagle Rock.   “I feel better now. This has been more  of a spiritual time for me. No stress. Quiet. I don’t want to leave, but there are things I need to do,”  said Loonsfoot.

Please pray for Charlotte and her family, Chris Chosa, Cynthia and others who have spent countless hours on the plains tending the garden, moving firewood, visiting and supplying the camp, and monitoring Kennecott’s activities. We will “Stand for the Land” as long as we are able!

Equipment and supplies for the camp remain in storage until further notice. Please contact the SWUP office, 228-4444 or Big Bay Outfitters, 345-9399 if you need to access personal belongings.

6-19-10
From Charlotte Loonsfoot and her family, daughter Shauna, sons Virgil, Robert and Christian and friend Jerry Buch. The campsite is just outside the Kennecott fence on the northeast corner and the sacred fire was lit Sunday night.

DIRECTIONS: From Marquette, just past the green 12-mile marker there is an intersection with a large yellow trucking sign planted at the entrance.Turn right on this road and drive back about 1/3 mile and watch for sign/ribbons at an intersection and take that road left. Then watch for camp sign.
From Baraga, take a left on the first road past the main mine entry, then same as above.

The camp is on state land just outside of K’not fence, not leased. Camping permits have been obtained.

Please copy and distribute the following invitation:
Boozhoo,

I am going out to set up a new camp by Eagle Rock, (not on Kennecott’s property) tomorrow.(Sunday)  I received a sign the other day telling me to get this camp set up right away.  We will post where the new camp will be at with a map as soon as we can. I want to go out there and get it set up first before hand and if its a surprise to them the better.  I learned a lot from the first camp and it was a lesson learned but we have to move forward and do it better the next time…thats how we learn in a good way.
Guidelines for “Protecting The Water” camp….
1. NO Drinking, Drugs, or Violence.
2. Treat people and live by the seven teachings…Love, Respect, Honor, Humility, Courage, Wisdom, and Trust.
3. NO Arguing, Bickering, or Negativity.
4. Don’t get to Hungry, Angry,  Lonely, or Tired.
5. Recycle, Reuse, Reduce.
6. Focus on our Purpose.
7. These guidlines are for keeping the peace between everyone that is involved, if you dont feel you can follow these guidelines please do not enter the sacred grounds as we are trying to have a peaceful camp.
I am formally inviting everyone to come out to the new camp, all colors and races that feel strongly about our cause “Protecting The Water”.
Miiqwich,                                                                                                           Charlotte

June 26: “Hands Across the Sand” Event on Presque Isle

Say YES to clean energy! Hit the Beach this Saturday and join hands with your neighbors and the nation.

Where: Presque Isle Park across from the Pavillion

When: Gather at 11:00 a.m. at the Pavillion.  The “line of hands” will be joined on the beach below at 11:50 a.m. for 15 minutes.

For more information:

http://handsacrossthesand.org/organize.php?state=Michigan

Road Forum Scheduled for June 30

Marquette County Road Funding Forum

Are you concerned about:

  • a potential ‘Woodland Road’ through serene northern Marquette County
  • safety issues along US 41 West
  • the lack of a safe N/S truck route through Marquette

Wednesday, June 30th at 3:00 pm at the Negaunee Township Hall located at 42 M-35, Negaunee, MI 49866.

Representatives of local units of government will be on hand along with Mr. Randy Van Portfliet, Superior Region Engineer/Michigan Department of Transportation, and Mr. Jim Iwanicki, Engineer-Manager, Marquette County Road Commission, to provide information about the current status of their budgets and how funding changes might affect residents and businesses in Marquette County.

Topics that will be covered include:

• maintaining the current road system

• planning for future road transportation development

• state/county/and local government budget constraints

Sponsored by the Lake Superior Community Partnership

If you plan to attend, please RSVP via email to lscp@marquette.org or call 226-9658.

You are welcome to share this invitation with other interested parties.

Pryor Found Guilty – Letter From Her

Hello to all – today I was found GUILTY for Misdemeanor Trespass. Our case revolved around the requirement for Kennecott to have the final decision on all permits as the foundation for the reason why I felt I did not trespass on state and public property. The Prosecutor introduced a motion that did not allow for ANY discussion of permit issues, leases unfilled etc. and got the judge to agree that only the basics of trespass were to be discussed. We lost that motion.

So despite the fact that the EPA has indicated that they have not given the final decision on the UIC permit – we were not able to use that in court. Despite the fact that others were able to move freely in and out of the property without being arrested – Kennecott indicated that all those people were their guests and they were free to pick and chose who they wanted on the property. Despite the fact there were no signs posted indicating either No Trespass or Work in Progress or any other public notification that public was no longer allowed on the site – Kennecott was able to tell me to leave because they had the lease agreement with the State of Michigan The case ultimately came down to three things that Judge Kangas directed the jury to think about:

Was she on Kennecott (controlled) Land?
Was she asked to Leave?
Did she refuse to Leave?

If you answer yes to these things, she is to be found guilty. Well, that was a no-brainer! Guilty as charged by all six jurors.

I am so grateful to all the folks who came to the court to share a long day with me. I am grateful to all who have supported me personally and to the many, many who BELIEVE in justice and want it done – here and in many places around the world where people go up against the strong arm of Corporate and Government pacts.

Glad to at least be able to go home to my place on the hill – where trees surround and embrace me and my husband and dog both say – I love you anyway!

Sentencing in a few weeks. Never fear though – justice will come – maybe in a way we least expect.

Ever hopeful (What! Are you wacked???),

Cynthia

Civil disobedience, ‘Yooper’ style has lengthy history

By John Saari

June 13, 2010

Civil disobedience is commonly associated with historical struggles for basic human rights, a citizen recourse in situations where government has gone badly off course.

After Cynthia Pryor’s arrest near Eagle Rock, it is not surprising that some have linked her name with Rosa Parks, a notable civil rights era personality. Both openly refused to give up a seat, one on a segregated public bus, the other on a stump on contested public land.

But there is a home-grown tradition of civil disobedience in the Upper Peninsula that is perhaps more fitting as a comparison than the epic struggles over basic human rights. That is the tradition of standing up for one’s rights on the land, often in hidden resistance to authority.

Residents resent being told by the state, or any other outsider, what they can or cannot do, if their actions seem reasonable in their own eyes. Poaching game during hard times is a U.P. tradition tolerated in public opinion when tied to family and personal subsistence. My Uncle Vernon (Ironwood-Hurley) helped support his family during the Depression years by catching brook trout. Nothing went to waste, but he observed no creel limits. The illegal shooting of wolves today is another sign of a backwoods ethic that short-circuits the law.

Some hunters have taken the law into their own hands, convinced that wolves are killing “their” deer, or are a danger to children, pets or domestic animals. A conspiracy of silence seals lips, and this silence in itself is a type of resistance to state authority.

The 1980s and 1990s saw a strong push for landowner’s rights, sometimes called the property rights movement. Signs appeared in the backwoods of the western U.P.: “DNR KEEP OUT.” Some people resented, and resisted, DNR/DEQ restrictions on land use and resource management.

Richard Delene (Baraga) was perhaps the most notorious case. He was prosecuted and eventually banned from Michigan for contempt of court after controversial dredging and ditching on his Baraga Plains land. Many felt he did not get a fair hearing.

Customary road access on private lands has become a big current issue, as metal gates sprout up everywhere. New second home owners, often city folk from downstate or out-of-state, bring their urban values and fears with them. It’s the fence-me-in fence-you-out mentality. Vandalism of gates, signs, and property is not uncommon.

When Kennecott/ Rio Tinto began putting up fences on public land with “No Trespassing” signs, a shock of finality hit many mine opponents. Cynthia Pryor’s arrest for stubbornly sitting on a stump was a catalyst for a deeper emotional reaction: This is wrong. Tracts of public land should not be locked away for decades for private profit.

The recent Native American encampment on Eagle Rock lies within this Yooper tradition of civil disobedience over land rights. Treaties with the U.S. government in the nineteenth century secured them the right to hunt, gather and fish in the ceded territories.

Some of them have chosen to stand by their rights on these lands, in the face of controversial efforts by the state of Michigan and an international corporation to diminish those rights.

While Kennecott/Rio Tinto seemed prepared to negotiate some limited Native access to Eagle Rock as a religious site, the company’s bottom line was to secure its own access, by armed state police if necessary, to Eagle Rock as the mine portal.

Despite the fences, the signs and the bulldozed encampment, Eagle Rock will continue to be a place of resistance, symbolic or otherwise, to this mine. From a legal perspective, the protestors may seem to be in the wrong, however peaceful their stance. But in their guts many U.P. residents will understand where Cynthia Pryor and Charlotte Loonsfoot are coming from in this unequal face-off with corporate and state power.

They are standing by their land, whether it is public land or ceded territory, come what may.

Note:  Jon Saari is president of the Upper Peninsula Environmental Coalition and a member of Save the Wild U.P.

EPA Responds to UIC Permit Questions

According to the attached letter from the EPA to one of our citizens, not only has the EPA not made a final decision on the UIC permit but they state emphatically that state officials were notified of that fact. (See page 1, para 2)

We have not yet completed consultation with the Tribe regarding Agency regulation of the redesigned TWIS and will not make A FINAL DECISION on regulation of that system until after further communication with the Tribe. EPA has informed state officials that no decision has been made about the applicability of the UIC regulations to the redesigned TWIS.

For the full letter, CLICK HERE

Superior Ride – Journal and Photo Updates

June 19 National Sacred Places Prayer Day: Honoring our Water

National Sacred Places Prayer Day:
Honoring our Water
All Welcome
June 19, 2010

Water Ceremony
Sunrise
Little Presque Isle Point
Marquette, MI

Print a poster and distribute!  PrayerBiishFlyer

Community Potluck Picnic and Gathering
12 Noon
Baraga Powwow Grounds Pavilion
Baraga, Michigan
Please join us on Saturday, June 19, 2010 for a day of prayer to protect Native American sacred places.  We will gather at sunrise at Little Presque Isle Point on the shores of Lake Superior to pray for threatened sacred places and to honor the sacredness of the water and Mother Earth.

Eagle Rock, a sacred place to Anishinaabe people, is currently threatened as the proposed mine portal for the Rio Tinto/Kennecott Eagle Mine on the Yellow Dog Plains.  Our fresh groundwater, waterways and Lake Superior are threatened by the Eagle Mine and increasing sulfide and uranium mining interests throughout the Great Lakes region.

Native and non-Native people nationwide will gather at this time for Solstice ceremonies and to honor sacred places, with a special emphasis on the need for Congress to build a door to the courts for Native nations to protect our traditional churches.

We ask that all women who wish to participate wear a skirt in order to honor our traditional way.    Women are also welcome to bring blue prayer ties and blue shawls for the water.

A community potluck picnic and gathering in honor of National Sacred Places Prayer Day will follow at the Powwow Grounds Pavilion in Baraga, MI at 12 noon.  Please join to show your support, ask questions and learn how you can help be a part of the movement to protect our sacred places, water and way of life for future generations.

Directions to Little Presque Isle Point:

From Marquette, Michigan, take 550 North towards Big Bay.  Turn right at the Blue Flag for Little Presque Isle Point.

Directions to Baraga Powwow Grounds Pavilion:

From L’Anse, Michigan take US 41 North towards Houghton.  Turn right at the Powwow Grounds sign.  Turn left at the red building and follow the road to the first pavilion.

Please contact jlkoski@gmail.com or 715.550.0124 if any questions.

Hosted by the Stand for the Land and Oshki Ogitchidaawin Aki (New Warriors for the Earth or NWE) which is a new Native/non-Native environmental organization grounded in Anishinaabe traditions with a mission to educate and empower our communities to take action on mining and other social-ecological issues facing our communities.

Coming soon: Michigan’s version of the BP disaster

By Andy Buchsbaum of the National Wildlife Federation

From “Great Lakes on the Ground”         http://greatlakesontheground.com/

A company with a history of polluting that wants to take valuable resources from deep underground.

An industrial  extraction operation with high risks to hundreds of miles of coastline, spectacular waters, a vibrant fishery…. and human life.

An agency that promotes the industry rather than regulating it.

No contingency plan if (when) the operation goes wrong.

Sound familiar?

I’m not just talking about the BP oil spill. The same scenario is playing out right here in Michigan. Kennecott Eagle Minerals Corp. is about to start digging for nickel and other minerals underneath the headwaters of the U.P’s Salmon Trout River, which runs through the largest stand of old growth forest east of the Mississippi and into Lake Superior. Kennecott plans to blast through a sacred Native American site, Eagle Rock, into sulfide ore bodies that produce acid mine drainage when they come into contact with air and water….. which inevitably they will do. This operation not only is likely to scar this magnificent landscape for hundreds of years. It also has a significant risk –according to the state’s own experts – of a mine collapse, endangering human life and draining the river.

What’s Kennecott’s plan if any of these disasters come to pass? It doesn’t have one.

This mine was vetted and recommended for approval by the Michigan Office of Geological Survey, part of the DNRE and the state equivalent of the now-infamous U.S. Minerals Management Service.

Why?

Well, the head of the Survey’s mining team called the mining project “my baby” and identified Kennecott as his “customer.”

During the application process, he admitted that he concealed an expert memorandum that reported on the risk of mine collapse, after which he was suspended …. and then reinstated as head of the mining team after an internal state investigation said he was motivated by ignorance, not malfeasance. (Well, that’s a relief, right?) Another member of the state’s mining team formed a business partnership with Kennecott employees to offer mining services to the private sector (the partnership was dissolved after it became public).  Finally, the Governor’s UP representative who helped her formulate her position on the mine has also left government service to work for….. you guessed it:  Kennecott. The mining team recommended approval to the Michigan DEQ before it merged with the DNR to form the DNRE. And just days before that merger – perhaps to avoid tarring the new DNRE with this terrible decision – a mid-level DEQ staff member gave final approval to the operation of the mine.

And we thought MMS was corrupt.

NWF and its partner organizations (Yellow Dog Preserve, Keewenaw Bay Indian Community, and Huron Mountain Club) have filed multiple lawsuits to stop the mine.  So far, we’ve only slowed it down, but the major litigation is just beginning.

Meanwhile, members of the tribe and local residents are taking matters into their own hands, camping on Eagle Rock to stop Kennecott from destroying it. Several have been arrested, but they keep at it. And yesterday, over 100 people rallied against the mine on the steps of the state capitol building. Read the latest on these activists at www.StandfortheLand.com. Or check out Save the Wild UP’s website, www.SavetheWildUP.org.

I’ll be writing about this travesty more often, now that the state has approved it and the action on the ground is heating up. To read a more detailed history, check out NWF’s sulfide mining web page.

Or even better, watch the movie! NWF has co-produced an award-winning documentary on the mine called Mining Madness, Water Wars: Great Lakes in the Balance.

This mine is a massive disaster waiting to happen, and the state’s complicity is an outrage. Call your elected state officials and the Governor to let them know.

Tags: sulfide mining, Kennecott, Michigan Upper Peninsula, Kennecott Eagle Mine, Lake Superior



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