September 2019 Newsletter
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.”
Public opposition to Back Forty permits
Over 300 people from both sides of the Menominee River attended the June 25th consolidated public hearing on three pending Back Forty permits at the Stephenson High School gymnasium. Most of the 60 people who provided testimony to officials from the Department of Environment, Great Lakes and Energy (EGLE) spoke in opposition to the project. A majority of those in attendance wore blue t-shirts expressing opposition to the proposed mine.
At the beginning of his public testimony, Guy Anahkwet Reiter, a Menominee tribal community organizer, asked everyone wearing a blue shirt to stand up. When several hundred people stood up, he addressed the EGLE officials: “I want you to see what you’re going to see if they are going to try to build this thing. This is what you’re going to look at. This is what’s going to happen.”
Aquila’s Back Forty project still lacks required permits
Prior to the June 25th public hearing, Aquila had issued a press release stating that “EGLE issued all of the permits necessary to construct and operate the mine.” The timing of the press release may have been intended to discourage concerned citizens from attending the hearing and expressing their concerns about the proposed mine and tailings dam just 50 yards from the Menominee River.
According to Dale Burie, president of the Coalition to SAVE the Menominee River, Inc., “Recent news reports that Aquila has all the required permits for their Back Forty metallic sulfide mine are completely inaccurate. In their rush to obtain all the necessary permits for mining, the company has submitted incomplete, out of date and inaccurate information on the proposed project and this has necessitated an amended mine permit application, an amended air quality application and a dam safety permit application.”
When Adam Wygant, division director of the Oil, Gas and Minerals Division of EGLE was asked about Aquila’s claim, he said this was “obviously not the case. As part of the process here, we’re reviewing one permit amendment; we’re reviewing two other permits for Air Quality and Dam Safety. They have two permits that are currently being challenged. I just want to let the public know that from the perspective of EGLE, there’s additional permits that are required.”
Back Forty Mine Permit Amendment Application is Still Incomplete
On August 9, 2019, EGLE informed Aquila that “Additional information is requested regarding the assessment of risk to the environment or public health and safety associated with potential embankment failure of the Contact Water Basin and Tailings Management Facility (TMF) and the response measures that shall be followed for such an event. Provide an evaluation of potential failure modes of both the TMF and Contact Water Basin. This analysis should include an assessment of likelihood of the various failure modes as well as flooding and environmental impact associated with failure of these facilities. Based on this analysis, provide an estimated cost to implement response measures for a potential failure.”
Let’s be absolutely clear about this request. None of this information was provided to the public in Aquila’s mine permit application. If citizens and tribal members had not insisted on the disclosure of this critical information at the June 25th public hearing and in subsequent written comments, EGLE would not have requested this information from Aquila. As of this date, Aquila has not provided this information.
Misleading headline: “Mine approved despite concerns”
On August 13, 2019 the Detroit Free Press published an excellent expose of how the former director of the Michigan Department of Environmental Quality (DEQ) approved a wetland permit for the Back Forty project over strong objections from the DEQ’s own scientific staff in the Water Resources Division. Downstate media interest in the case was sparked by the disclosure of agency documents and scientific staff testimony presented as evidence in the contested wetland case before an administrative law judge in Lansing.
Unfortunately, the headline of the story misled many to believe that the wetland permit was the final permit for the mine. “Upper Peninsula mine approved despite major concerns from DEQ and EPA staff, records show.” The story was widely reprinted in many Michigan and Wisconsin newspapers with the equally misleading headline “Mine approved despite concerns.”
These misleading headlines, combined with Aquila’s deceptive advertising on TV-6, Marquette; TV-5, Green Bay; and TV-11 Green Bay, has convinced many that “the mine is a done deal” and that there is no further reason to object to the proposed mine.
Federal lawsuits and contested cases are ongoing
The wetland permit contested case hearing heard testimony from witnesses in June and early August. The case will begin again on October 22 in Lansing. No matter which side wins the contested case, there will be an appeal.
All this is separate from the federal lawsuit against the EPA by the Coalition to SAVE the Menominee River, Inc. and the Menominee Indian Tribe of Wisconsin. Both groups allege that the EPA and the U.S. Army Corps of Engineers were “arbitrary and capricious” in withdrawing objections to a wetland permit for Aquila Resources. The tribe’s initial claim was thrown out in Green Bay federal district court. The tribe has appealed that decision to the Seventh Circuit Court of Appeals in Chicago and presented oral arguments on September 5, 2019. The Seventh Circuit will rule on the case within the next year.
Permitting delays can erode the value of a mining project
Aquila’s false claim that they have all of the permits necessary to construct and operate the Back Forty project not only deceives the public but it also deceives investors in the project who might otherwise direct their investment to less financially risky projects.
Luke Russell, vice president, external affairs for Hecla Mining Company testified before the U.S. Senate Committee on Energy and Natural Resources about the financial consequences of permitting delays: “A typical mining project loses over one-third of its economic value as a result of protracted delays in receiving the numerous permits needed to begin production. The longer the wait, the more the value of the investment is eroded, even to the extent that the project becomes an unviable investment.” Jesse Morton, “Mining for America Becomes Local Politics,” Engineering and Mining Journal, February 2018: 219:2).
Upcoming Coalition Events
On Saturday, September 21 the Coalition to SAVE the Menominee River, Inc. will visit three locations in Door County to help protect the Menominee River with speakers and music by “The River Boys.” They will hand out brochures, talk about the mission of the Coalition and entertain with sing-a-long River songs. “Dewey the Dewdrop” (Door County) and “Wally the Waterdrop” (Coalition) will be meeting for the first time to show unity in opposition to the Back Forty project.
There are 50 seats on the tour bus – sold out when full. Cost $25. To reserve your seat, please call Dale or Lea Jane Burie. Dale (615) 512-3506; Lea Jane (615) 516-2939.
On Sunday, October 6, the Coalition will host their Annual River Rally at Embers 1871 in Peshtigo, WI.
Membership Renewal Reminder
If the date of your mailing label is anytime before 9/19, it means your annual membership is due ($15 for regular or $5 for senior/low income). Thank you for your support in our efforts to protect our precious waters.
Stay tuned,
Al Gedicks, Executive Secretary