June 2021 Newsletter
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.
Aquila drops appeal of wetland permit denial and withdraws from mining permit contested case
After Judge Pulter’s decision to deny Aquila’s Wetlands Permit, the company issued a press release (January 5, 2021) that strongly disagreed with the Judge’s decision “which is based in significant part on what the Company believes is a misunderstanding of the information concerning the potential for indirect wetlands impacts associated with the Back Forty Project.”
There was no “misunderstanding” in Judge Pulter’s decision. The law states an application for a wetland permit “must contain a reliable identification of wetland impacts.” The Water Resources Division of Michigan’s DEQ made numerous requests for information regarding wetlands effects from pit dewatering. Aquila’s failure to provide this information meant that the application was incomplete and the permit was denied.
After appealing the wetland permit denial to EGLE’s environmental review panel, Aquila suddenly withdrew from the panel on May 11 saying they won’t appeal their wetland permit denial after all.
On April 23, a Michigan Circuit Court Judge ruled that the Menominee Indian Tribe of Wisconsin should be allowed to enter new evidence from the wetland case about the mine’s potential impacts on groundwater. Shortly afterwards Aquila announced they would withdraw from the contested case on their mining permit.
Aquila’s spin on wetland appeal withdrawal and mining permit withdrawal
Rather than risk the negative publicity that would come after further rejection of Aquila’s wetland and mining permits, the company explained their permit withdrawals as simply a change of plans “in light of the fact that Aquila intends to submit a redesigned mine plan later this year that will substantially reduce the size of the open pit and include an underground mine component.”
Aquila lied about underground mining in its original mine permit application
The Mining Action Group of the Upper Peninsula Environmental Coalition was the first to point out that Aquila clearly and repeatedly lied about underground mining plans. Aquila flatly stated in their permit application that “underground mining was considered but rejected…underground mining is not a prudent alternative for this ore body.” However, from 2015 through 2020 Aquila claimed a 16 year life of the mine and mill, including both open pit and underground mining. This claim was included in Aquila’s press releases and investor statements. As a result of this deception, the true extent of groundwater drawdown, wetland impacts, and tailings dam risk were significantly underestimated.
Don’t let Aquila rush through a new permit process for the Back Forty Mine
Aquila’s expansion of the scope of the mine operation means that every aspect of the project has the potential for significant and unacceptable impacts to wetlands, air and water quality, groundwater, sacred sites and the safety of the enormous quantity and toxicity of the mine waste in the tailings dam.
To minimize the cost and delay of submitting completely new mining, wetlands, air quality, wastewater discharge and dam safety permit applications, Aquila would like to submit a consolidated mining permit that would “compress the timeline to permit issuances.” This would place an unfair financial burden on citizens and the Menominee Tribe to review the thousands of pages of technical studies in a short time period. A sequential process that provides adequate time for scientific review of each permit, as has been the case in the past, would allow for greater public participation and transparency in the process.
Aquila’s assertion that an expanded mine operation will avoid direct impacts to wetlands is scientific nonsense. These issues cannot be addressed in a rushed and haphazard manner to accommodate Aquila’s promises to its investors.
Mark your calendar for a “Water Celebration” on Stephenson Island for July 16, 2021
The Coalition to SAVE the Menominee River will host a “Water Celebration” next to the Menominee River on Friday, July 16. (see flyer below). The event will feature speakers, music, a raffle drawing and a bridge walk.
“ WATER CELEBRATION “
FRIDAY, JULY 16, 2021
STEPHENSON ISLAND, WISCONSIN
12:00 Noon: Event Opening
Bring Your Lawn Chairs
1:30 pm: Special Guest Speaker:
Dr. Al Gedicks
1:50 pm: Western Mining Action
Network (WMAN) Speech
2:10 pm: Menominee Nation Speech
2:30 pm: BLESSING OF THE WATERS
CEREMONY
3:30 pm: “River’s Edge Trio”
Performance & Raffle Drawing
Custom-Built Guitars appraised at
$4,500.00
4:00 pm Bridge Walk w/ Signs To
the demonstration site
6:00 pm: Return to Stephenson Island to
Adjourn, with our Thanks !!
Sponsored By: Coalition to SAVE the
Menominee River, Inc.
website: www.jointherivercoalition.org
email: jointherivercoalition@gmail.com
Online articles about the Back Forty opposition
My article, “Fight Over Proposed Mine by Menominee River has Brought Together Unlikely Allies” can be downloaded from: https://www.earthisland.org/journal/index.php/articles/entry/fight-proposed-mine-menominee-river-unlikely-allies
https://lacrossetribune.com/opinion/columnists/al-gedicks-climate-change-threatens-wisconsin-s-dams/article_20dc8246-c504-5f64-828d-d85b0bf8a9e0.html
Also, see Michele Bourdieu’s article “Menominee Indian Tribe of Wisconsin prevails in another legal victory against Back Forty Mine,”
https://keweenawnow.blogspot.com/2021/05/menominee-indian-tribe-of-wisconsin.html
Stay tuned,
Al Gedicks, Executive Secretary
