Minnesota legislators have been eagerly promoting sulfide
mining. They repeat mining-company statements and projections
without question. Many of them suppress, even condemn, anyone
who is more cautious. But Minnesotans need to keep asking
questions about sulfide mining.
The situation is reminiscent of the banking, mortgage, and
auto-industry problems we are dealing with today. It was a lack
of foresight and an opposition to scrutiny that set the stage
for the current bailouts. Those who tried to point out the risks
were ignored.
So here are a few of my questions, beginning with: Will
Minnesota's future include bailing out the sulfide mining
industry with millions of dollars of cleanup costs?
Why, what and where
Why did Rep. Jim Oberstar and Sen. Amy Klobuchar introduce the
Superior National Forest Adjustment Land Act, which mandates the
sale of 6,700 acres of federal land directly to PolyMet without
any environmental review? Is it because strip mining could not
legally be allowed on the Forest Service land? What is the
Forest Service's responsibility when clearly the land was not to
be used for strip mining?
Where is the line drawn between promoting an industry and
excluding the development of competing industries? In a 2001
State Master Agreement it was stated, "… the DNR will meet with
Cliffs Erie and Rainy River Energy Corporation to discuss the
status of non-ferrous metallic mining projects in this area and
ways to mitigate any development plans that would interfere with
non-ferrous metallic minerals mining."
Has disproportionate funding and support been given to mining
companies by organizations, agencies, and elected officials
charged with promoting the economic diversity essential to
building a strong economy in northern Minnesota?
A question of ethics
Ethical assurances are as important as financial assurances. Can
we entrust our waters to mining companies that have been sued
for pollution in other states, or involved in abuses in other
countries?
Teck Cominco was sued by the State of Washington for polluting
the Columbia River. Teck Cominco was sued for pollution at the
Red Dog Mine in Alaska, where the heavy metal contamination is
some of the highest in the nation. Teck is on a Canadian list of
"top 10" worst mining companies. In Minnesota Teck Cominco has a
one-time "back in" with its venture partner Franconia Minerals,
and is doing exploratory mining on its own leased land.
Can we afford to believe a company with its record will care
about our waters?
Kennecott is a wholly owned subsidiary of Rio Tinto. Norway's
state-run pension fund recently divested its $853 million Rio
Tinto stake to protest Rio Tinto's mining ethics. Why is
Minnesota welcoming it?
Hold companies accountable
Mining representatives say we have an obligation to mine in
Minnesota rather than in a place that has poor regulations.
However, if mining companies believe in "doing it right," as
they claim, why not do so regardless of where they mine or what
kind of regulations exist? The decision is theirs. The
obligation is theirs.
Mining representatives have said sulfide mining is safe in
Minnesota because we have strong laws. But is any law that is
not adhered to, or enforced, a strong law?
The following is a quote from a 1988 MPCA, Division of Water
Quality, memo to the MDNR Minerals Division: "We are becoming
increasingly uncomfortable with the DNR's apparent role as
advisor and advocate on behalf of the company in relation to
MPCA and our programs. While we understand and have no problem
with the DNR's statutory responsibilities to promote mineral
development we wish to make a distinction between that role and
one of acting as an advocate on behalf of LTV Steel regarding
the latter's dealings with MPCA. ... Moreover, MPCA has
exercised considerable forbearance over the past 15 years in
delaying enforcement action, while waiting for LTV to propose
mitigation methods for the Dunka problem."
In 2008, there is still a variance in place for Dunka.
State agencies allow mining companies to pollute by granting
variances. Is a regulation that can have a variance really a
regulation at all?
State agencies allow dilution as a means to meet pollution
standards for our waters. Is a standard that has been met using
dilution legitimate?
Can we entrust our waters to agencies that have not protected
them?
Within these agencies there are people who are also deeply
concerned about sulfide mining, but it is difficult for them.
The more questions we ask, the more public support they will
have for their positions.
The issue of leaching
Historically and consistently, sulfide mines have polluted
surrounding waters. New mines can take years before leaching
shows. By then the damage is done.
Sulfide mining will leave billions of tons of waste rock (99
percent is waste), whose toxic leaching will be treated with old
technology, including liners that can and do fail. According to
the mining industry's own experts, all liners eventually leak.
At the Red Dog mine in Alaska, part of the pollution problem
came from Teck Cominco's severely contaminated haul road. Will
Teck Cominco be transporting payloads differently in Minnesota?
Duluth Metals is planning to use the Dunka mine site again as a
depository for millions of tons of waste rock. How is that
feasible? In 1986 the Dunka River was in danger of migrating
into the pit. The following is from an MPCA memo: "Ultimately
river could migrate into pit … Erie considering a 'position
statement' on Dunka R. options … senses that co. feels diversion
is most desirable option … might involve Erie having to buy out
2 resorts nr mouth of Dunka R…. Walleye spawning migration in
river would probably be eliminated." (MPCA memo)
Today the Dunka pit is in danger of overflowing. "Eventually the
mine pit may fill to the point where an artificial discharge
point may need to be established to prevent inundation of
diversion ditches or stockpiles … will likely be constructed at
the north end of the pit and discharge to Flamingo Creek or
Birch Lake … projected to take place at some time subsequent to
the expiration of this reissued permit." (2005 MPCA permit)
Franconia Minerals is planning a sulfide mine beneath Birch
Lake. Franconia is planning an underground and an open-pit
sulfide mine adjacent to the Kawishiwi River. Are we willing to
trade the Kawishiwi River landscape for an open-pit acid mine?
The Kawishiwi River is a part of the Rainy River Watershed,
which includes the BWCAW and Voyageurs National Park.
What are the ramifications? Bedrock fracturing? Structural
failure? Leaching? Migration? Site degradation? What risks are
we taking with some of the most beautiful waterways in the state
and in the nation? Those waterways are what make Minnesota a
special place to live.
The minerals are not going anywhere. Why put our waters at risk
before it is proven that this kind of mining, new to Minnesota,
can be done safely? Do we even have regulations that will cover
the hazards associated with this type of mining? Why have we not
been able to clean up the numerous polluted mining sites we now
have?
Different projections needed
We have projections from the mining companies of the money and
jobs that sulfide mining will bring to the region. We need
projections of the money and jobs that will be lost. What are
the dollar figures for how much the local economy stands to lose
from sulfide mining?
Permitting PolyMet would open the door to intensive sulfide
mining in what is now essentially a lake district. What will
happen to the recreation industry when lakes are damaged by acid
mine drainage? What happens to the many businesses, large and
small, that are connected to the recreation industry?
What happens if our drinking water is contaminated? Many people
use lake water systems; acid mine drainage can migrate into
water wells.
What about miners' health? What about air quality and emissions?
What are the health implications and costs to the state from
sulfide mining?
Sulfide mining will leave limited options
Eventually, the mining companies will leave, with the landscape
denuded, our waters needing perpetual treatment, and wetlands
destroyed at a time when we need every wetland to offset global
warming.
Northern Minnesota has a strong mining heritage. Iron Rangers
have a right to be proud of their contribution to our country.
But that contribution came at a price. One effect of mining has
been the corresponding removal of other employment options. When
the minerals are gone, the mines close, and there is little
reason for other businesses to locate in areas stripped of a
landscape that draws people to a community. Mining is the only
option, but without minerals that option no longer exists
either.
Sulfide mining will not bring stability. The minerals are
finite. When they are gone the mining areas will again be left
struggling to find viable options. And this time our lakes will
need perpetual treatment for acid and toxic heavy metals. Is
this what we want for future generations?
Economic considerations alone are not enough
Sulfide mining, as it exists today, is not safe. Minnesota could
learn from the disasters that have occurred in other states and
in other countries. Or are we required to have our own disaster?
Why not wait until sulfide mining can be proven safe and done
without damaging our waters?
If the answer is money, our legislators and agencies need to
read Minnesota Statute 116D.04, Environmental Impact Statements,
Subd. 6, Prohibitions: "No state action significantly affecting
the quality of the environment shall be allowed, nor shall any
permit for natural resources management and development be
granted, where such action or permit has caused or is likely to
cause pollution, impairment, or destruction of the air, water,
land or other natural resources located within the state, so
long as there is a feasible and prudent alternative consistent
with the reasonable requirements of the public health, safety,
and welfare and the state's paramount concern for the protection
of its air, water, land and other natural resources from
pollution, impairment, or destruction. Economic considerations
alone shall not justify such conduct."
In 1997 our neighboring state of Wisconsin passed the "Mining
Moratorium Law" (Act 171), which requires a mining company to
provide examples of a sulfide mining operation in the U.S. or
Canada that has not polluted the water with acid mine drainage
or heavy metals. No sulfide mine has been permitted in Wisconsin
since this law was passed.
Is this the place to experiment?
Our northern Minnesota legislators and those supporting sulfide
mining do not seem to seriously consider the implications of
sulfide mining and its effects on the waters of Minnesota, a
state that is known for its "10,000 Lakes." Our lakes, rivers,
and streams define us. Will we show the rest of the world the
protection of our waters comes first?
Asking questions is not about being against mining or jobs. It
is about being for the lakes.
Rep. Tom Rukavina was mistaken when he said, "This is a
policy issue and not something for citizens to decide." Who has
more right to decide than the citizens of Minnesota?
What we decide has far reaching implications. Three watersheds
originate in this area. We have a national responsibility as
well as a state responsibility to see that these watersheds are
protected by promoting jobs that are safely compatible with our
most valuable resource, our waters.
C.A. Arneson lives on a lake in the Ely area that is part of the
White Iron Chain, which will be directly affected by whatever
happens to the Kawishiwi River.
Sierra lawsuit against Forest Service dismissed
Duluth News Tribune
27 Jan, 2009
A federal judge has dismissed a lawsuit by the Sierra Club and
other groups that challenged parts of the long-term plan for the
Superior National Forest. (more)