Arguments were made in June 2011 by petitioners and respondents of the appeals case. The decision to uphold the issuance of the permits came with a lengthy document regarding the judge’s opinion. It is attached below.

Upon reviewing the opinion, YDWP staff found the verbage to be less than unbiased. Many arguments that the petitioners made were simply considered null and void because there was a counter argument by the respondents. Additionally, for almost each argument the petitioners made, the opinion statement contained the counterargument, as well as information from cross-examination of only the petitioner’s witnesses.

For those of us who live here and will be left to deal with the actual outcomes, the court’s opinions of the Kirtland’s Warbler as a “handful of birds not nesting in the area” are demeaning. The court also agreed with Kennecott’s biologist that the Yellow Dog Plains contain no critical habitat for the Kirtland’s Warbler. Yet many of the surrounding jack pine forests on the plains are specifically managed for the warbler’s habitat.

YDWP encourages supporters to read the opinion for themselves and to assess whether a fair and impartial trial took place.

Final_Appellate_Decision_11-23-11

Attempts to halt the drilling were made by co-petitioners in the Ingham County Circuit Court. A motion of stay was requested of Judge Paula Manderfield, who is currently reviewing two appeals cases from the petitioners. The stay was requested in order to prevent damage to the site before a ruling on the appeals case was made. Judge Manderfield did not grant the stay, citing that Eagle Rock was not a religious site. The appeals case is still open and is expected to be ruled on sometime this fall.

Michelle Halley, an attorney for the National Wildlife Federation, said Manderfielddid not consider the rock outcropping near the mine portal, known as Eagle Rock, a sacred site. Emily Whittaker, of the Yellow Dog Watershed Preserve, said, “This denial, to me, reflects more on the state of the judicial system and its ability to be swayed by politics than a decision made through unbiased justice.”

The groups will continue to work to preserve the area as well as await a decision in the appeals case.

The Huron Mountain Club, Keweenaw Bay Indian Community, National Wildlife Federation, and Yellow Dog Watershed Preserve filed the motion to stay Rio Tinto’s permits  with the Ingham County Circuit Court. If granted, the stay would prohibit Rio Tinto from blasting Eagle Rock—a sacred site that sits over a proposed nickel mine.

Extracting nickel from the site poses extreme risks to water quality, wildlife and recreation. The metals are embedded in sulfide ores, which produce sulfuric acid when exposed to moisture and air. The so-called acid mine drainage has devastated natural resources in other parts of the country. And the company overseeing the project—Rio Tinto—has broken Clean Water Act laws dozens of times in mines they have controlled in other states.

Community and conservation partners have challenged the mine in court, arguing that it presents  unacceptable risks to water and air quality—and that it could collapse, endangering workers and the river it is underneath. The court challenge is currently under appeal. The motion for a stay is necessary because the mining company intends to blast into Eagle Rock on or near September 14, 2011, even though the judge has not issued a final ruling on the appeal.

Commenting on the motion to stay, conservation groups said: “Without this emergency stay, Rio Tinto could begin blasting Eagle Rock before the judge has had a chance to determine whether the mine is safe,” said Andy Buchsbaum, regional executive director of the National Wildlife Federation’s Great Lakes office. “The serious questions we have about this mine need to be addressed—and allowing the company to blast away in one of Michigan’s most pristine and important areas will only further jeopardize the region’s water quality, tourism industry, wildlife and quality of life.”

“My people have prayed and held ceremonies at Eagle Rock since time immemorial,” said Susan LaFerniere, a member of the Keweenaw Bay Indian Community.  No one should be allowed to blast it apart.  I hope the judge grants this request.” 

Eagle Project as of 8-4-2011

DEFEND OUR WATER and STOP THE EAGLE MINE: Save the Wild UP/WAVE Campaign Kickoff this Saturday, July 9, at 1:00 PM. Speakers, activities, and informational table will be at Marquette County Court House. The day will continue with a RALLY at the Mine Site Gate at 4:30 pm and Food and Social in Big Bay. Fireworks will be at 10:30 pm on Squaw Beach.

Ceremoninal Long Walk on the Yellow Dog Plains: On Sunday, July 17 at noon, there will be a commemoration of Eagle Rock as a sacred site – both to Tribal Nations and to the people who have long held Eagle Rock as a symbol of this effort to stop this mine on public lands.  We need people to gather and give one step, one half mile, two miles, four miles, or whatever they are able, to the effort to walk around this site three times. More details can be found by clicking on the document below.

Long_Walk_of_the_Drum,_7-15-11[1]

From Marquette: Travel up County Road 550 from the Dead River bridge and continue for approximately 22 miles until you reach County Road 510. Turn left on County Road 510 and continue for 3 miles. Take a right onto County Road AAA and continue for 8.7 until you reach the Clowery Trail. From there, follow the signs that will be posted roadside. If you have questions, call 362-8521.

Now, here we are. Please look through the pictures and videos. This is not the time to give up. Keep checking back for more information as the situation unfolds. Keep everyone in your mind and help when you can. We will keep everyone up to speed.

Sacred Fire and Tobacco

Officer leading the arrest

Cop car blocking County Road AAA

Watch the video of arrested individual being taken away

http://www.youtube.com/watch?v=9pJLU08Rvns

http://www.uppermichiganssource.com/news/video.aspx?id=453744

http://www.miningjournal.net/page/content.detail/id/543839.html?nav=5006

http://www.standfortheland.com/

In addition, there will be a small drumming circle on Eagle Rock next Tuesday evening with local group Log Jam. If you are interested in coming up, bring your drum and some friends around 5:30pm.

Yellow Dog Watershed Preserve
P.O. Box 5
Big Bay, MI 49808

Letter to Governor Granholm
This letter explains our and hopefully your viewpoint through the lense of environmental justice. Please read through it, print it out, and sign your name. Feel free to make changes so the letter can be in your own words.

Principals of Environmental Justice
These principles are accepted by the federal government as the tenets of environmental justice. Although the wording indicates it applies to people of color, environmental justices is for all.

Principals Violated
This document is a synopsis of what principles of environmental justice were violated. Please read through this and print it out for all to see.

Petition Copy
We ask that each person collect 50 signatures. Please read through the petition language, print it out, and collect signatures! Do not have people sign more than one time. If this file type does not download, try the format below.