Wisconsin Resources Protection Council

June 10, 2021

Dear WRPC Member and Friends of the Menominee River,

Ever since Aquila’s Wetlands Permit was overturned in a contested case last January, the company has been in a downward spiral that has drained its finances and called into question the future of the Back Forty mining project. Aquila’s recent announcement that they are planning to sell their interests in the Reef deposit in Marathon County and the Bend deposit in Taylor County (https://www.jsonline.com/story/news/local/wisconsin/2021/06/01/aquila-sell-wisconsin-mineral-interests-focus-back-forty-mine/5289825001/) is only a symptom of a much larger set of problems.

March 17, 2021

Dear WRPC Member and Friends of the Menominee River,

In a major victory for water protectors, a Michigan Administrative Law Judge has denied a disputed Wetlands Permit for Aquila Resources’ proposed Back Forty metallic sulfide mine in an exhaustive 76-page decision issued on January 4, 2021. The Michigan Department of Environmental Quality (now the Department of Environment, Great Lakes, and Energy or EGLE) provoked immediate controversy when it approved Aquila’s Wetlands Permit in 2018, over the objections of the agency’s own scientific staff who recommended to deny the permit.

December 10, 2020

Dear WRPC Member and Friends of the Menominee River,

Aquila Resources has submitted its Dam Safety Permit application to Michigan’s Department of Environment, Great Lakes and Energy (EGLE). However, the company has not yet submitted an Emergency Action Plan (EAP) in the event of a dam failure and the release of toxic mine waste into the Menominee River. In the absence of an EAP, the application is incomplete. This may explain why EGLE has not announced a timetable for a public hearing on the permit and a deadline for the submission of written comments.

August 20, 2020

Dear WRPC Member and Friends of the Menominee River,

Aquila Resources continues to provide misleading and inaccurate information about the status of the Back Forty project in its most recent financial report. The company’s June 2020 report states, “The Company has received the four primary permits required to commence construction and operations at Back Forty.”

Aquila has no Back Forty Dam Permit

However, the company has not yet submitted a revised Dam Safety Permit application since Michigan’s Department of Environment, Great Lakes and Energy (EGLE) rejected Aquila’s original application as incomplete and requested additional information. According to EGLE, “Aquila is not authorized to begin construction of the mine and will not be able to proceed until all permits, including the Dam Safety Permit have been approved by EGLE.”

January 9, 2020

Dear WRPC Member and Friends of the Menominee River,

January 25 marks the one-year anniversary of the Brazilian mine tailings dam rupture that released almost 3 billion gallons of toxic mine waste and killed 270 people in Brazil’s deadliest-ever mining accident. After the catastrophic failure, Brazil not only banned the upstream design at issue in the disaster for future mines, but mandated that every existing mine tailings dam of that design be decommissioned. As I’ve written in an extensive background report, why would Wisconsin and Michigan residents put up with what Brazil will not? The report is online at UrbanMilwaukee.com

September 18, 2019

Dear WRPC Member and Friends of the Menominee River,

Aquila’s Back Forty project is in deep trouble. Two federal lawsuits and two contested case administrative proceedings have challenged the proposed mine. Having failed to obtain a social license to operate a mine, Aquila has offered to fund the costs of reaching a “Community Agreement” if the community “agrees not to oppose the Mine or to take any action which would serve to unreasonably delay the construction of the Mine.” Not surprisingly, local communities have told Aquila “No thanks.”

June 5, 2019

Dear WRPC Member and Friends of the Menominee River,

Aquila Resources has failed in its attempt to prevent the Coalition to SAVE the Menominee River from challenging the company’s wetland permit in a contested case hearing. Aquila argued that the Coalition did not have legal “standing.” That means Coalition members did not have enough interest in the Menominee River to file suit. The judge ruled that the people that will be affected by this project have the right to challenge the permit issued by the Michigan Department of Environment, Great Lakes and Energy (EGLE) in June 2018.

April 3, 2019

Dear WRPC Member and Friends of the Menominee River,

Aquila’s full-page ad in the March 2, 2019 edition of the Eagle Herald sought to reassure the public about the safety of the Back Forty’s proposed tailings storage facility in light of the recent Brazilian tailings dam disaster that killed over 200 people with an estimated 91 others still missing and presumed buried under mud. This is Brazil’s deadliest-ever mining accident. A steady stream of letters to the editor of the Eagle Herald have expressed serious public concerns about the safety of Aquila’s tailings dam design.

January 23, 2019

Dear WRPC Member and Friends of the Menominee River,

Aquila’s “Final Permit” isn’t Final at all

The Michigan Department of Environmental Quality (DEQ) issued the “final permit” needed for Aquila’s Back Forty open pit mine in June 2018. Aquila spokesperson Dan Blondeau said the decision was “a major milestone” for the project that would allow the project to move forward.

However, instead of moving forward, the DEQ has determined that because the project footprint has expanded by 200 acres, including the enlargement of the tailings and waste rock structures, Aquila is required to submit a Mining Permit Amendment Application (MPAA) and an associated Environmental Impact Assessment Amendment (EIAA). The timing of this announcement and the difficulty of accessing the 904 pages of the application have created serious obstacles for citizens, tribal members and environmental groups wishing to participate in the review and public comment on Aquila’s latest mine plan.

October 24, 2018

Dear WRPC Member and Friends of the Menominee River,

Aquila Resources needs to convince its investors that the Back Forty project is moving forward in order to raise the pre-production capital cost, estimated at $294 million. Aquila has celebrated Michigan Department of Environmental Quality (MDEQ)’s issuance of a controversial wetland permit while downplaying the 28 pages of special conditions attached to the permit because of serious hydrological concerns that were overlooked in Aquila’s incomplete application.