Yellow Dog Watershed Preserve » mdnr

MDEQ gives permits “final” approval

elimywhit — Mon, 18 Jan 2010 16:15:19 +0000

Two days before the Michigan Department of Environmental Quality ceases to exist, a statement was issued giving “final approval” of mining permits that were being contested by Huron Mountain Club, National Wildlife Federation, Yellow Dog Watershed Preserve, and Keweenaw Bay Indian Community. The approval was given before the administrative law judge had submitted a clarification of his ruling. The MDEQ stated the judge’s ruling was not needed since it pertained to Eagle Rock as a place of worship. They believe that a place of worship must be a building and therefore negates comments that were not in favor of the mining company.
The four co-petitioners have indicated that an appeal to circuit court will be made. However, the company purports that construction and clearing will begin this year, even though they do NOT have their Underground Injection Control permit from the U.S Environmental Protection Agency. The former MDNR stated that they cannot begin construction until Kennecott has received this permit.
Cynthia Pryor, of the Yellow Dog Watershed Preserve, stated, ” This is an egregious act that now will absolutely require appeal to a higher court and should require an appeal to the new DNRE Director Rebecca Humphries and the Governor of this state. We should not sit by and accept such action as the accepted mode of “lawfulness” in this state.”

Please call the office of the Governor and lodge your complaint: 517 373-3400 or 517 335-7858.
Letters can be sent to:
Governor Jennifer M. Granholm
P.O. Box 30013
Lansing, Michigan 48909
PHONE: (517) 373-3400
PHONE: (517) 335-7858 – Constituent Services
FAX:(517) 335-6863

MDEQ and MDNR merge

elimywhit — Mon, 12 Oct 2009 13:34:07 +0000

According to state officials, the creation of a new Department of Natural Resources and Environment (DNRE) will take effect on January 17, 2010. The department’s mission will be a familiar one to our state government family: To conserve, manage, protect and promote Michigan’s natural resources, environment and related economic interests for current and future generations. This includes implementing an ecosystem-based strategy for resource management, effectively using natural resources in a sustainable manner, and providing for continuous improvements in Michigan’s air, water and soils while facilitating and encouraging economic growth.

Here are some proposed changes.

Natural Resources Commission. The Commission of Natural Resources will be transferred, intact, to the new DNRE but will be renamed the Natural Resources Commission (NRC). Commission members will continue to serve through the end of their existing terms, and vacancies will continue to be filled by the governor with the advice and consent of the Senate. The NRC will retain existing authority to regulate the taking of game, establish periods of validity for hunting and fishing licenses, and regulate the feeding of deer and elk, without review by or appeal to, the DNRE director. The NRC will also assume functions currently performed by the Citizens Committee for Michigan State Parks and the Water Resources Conservation Advisory Council to further reduce administrative overhead. However, the governor, not the commission, will appoint the department director.

Trails Advisory Council. A seven-member Trails Advisory Council will be established under the executive order, and the functions of the existing Snowmobile Advisory Council and Michigan Trailways Advisory Council, which are being abolished under the order, will be given to this council. The Michigan Trails Advisory Council will focus on the creation, development, operation, and maintenance of snowmobile, equestrian, hiking, skiing, and off-road vehicle trails.

Environmental Science Board. The director of the DNRE will be authorized to convene a seven-member Environmental Science Review Board (ESRB) to advise the DNRE on scientific issues affecting the protection and management of Michigan’s environment and natural resources. The ESRB will be comprised of individuals with expertise in biological sciences, chemistry, ecological science, geology, risk assessment, and other related disciplines. The Site Review Board process under Part 111 of the NREPA is being eliminated for greater efficiency in environmental proceedings.

Agriculture. The executive order also impacts the Michigan Department of Agriculture by giving the governor responsibility for appointing the Agriculture director, a responsibility that is currently held by the Agriculture Commission. The Office of Racing Commissioner will be transferred to the Michigan Gaming Control Board and the Racing Commissioner’s position will be abolished. The executive director of the control board will assume the commissioner’s duties. Several boards and commissions within the Department of Agriculture are also being abolished.

The Governor is appointing Bruce Rasher to serve as transition manager to implement the order and begin building the new department with our help. Bruce has a degree in fisheries and wildlife management from Michigan State University and worked for many years at Consumers Energy, where he was actively engaged in issues related to brownfield redevelopment, energy efficiency and environmental management. He served as mayor of the city of Marshall from 1995 to 1998.

Petitioners appeal MDEQ decision

elimywhit — Mon, 24 Aug 2009 15:54:36 +0000

FOR IMMEDIATE RELEASE
August 21, 2009
Contact: Michelle Halley, NWF – 906-361-0520
Preserving public access at heart of mine opponents’ appeal

MARQUETTE, MI — Wrongfully putting a private company’s profit margin before the public’s interest is at the heart of a Notice of Appeal filed in the Michigan Court of Appeals today by the National Wildlife Federation and three other local organizations.

Earlier this month, Ingham County Circuit Court Judge Paula Manderfield said her court did not have jurisdiction to determine whether the Michigan Department of Natural Resources erred in its decision to lease 120 acres of State of Michigan lands to Kennecott Eagle Minerals Company for mining facilities. Opponents of a risky metallic sulfide mine proposed by Kennecott believe the lease is illegal.

Eagle Rock, a sacred outcropping visited by Native Americans for generations, is at the heart of the debate. Earlier this week, an administrative law judge recommended to the Michigan Department of Environmental Quality that the mine’s entry portal be moved away from the sacred rock. In his decision, the judge stated that Kennecott and the MDEQ “did not properly address the impact on the sacred rock outcrop known as Eagle Rock.”

Availing themselves of the next step in the judicial process, NWF, Keweenaw Bay Indian Community, Huron Mountain Club, and Yellow Dog Watershed Preserve are pursuing their right to present evidence and be heard on whether denying the public access to public lands, including the rock sacred to local Native American tribes, is a violation of the public trust doctrine.

“The practical implication of the judge’s decision is that we could not present evidence regarding the public trust doctrine. We believe that having a hearing on the merits is the only fair way for this matter to proceed. This ruling eviscerates the public’s ability to implement the doctrine that requires that assets held by the State must be managed for the good of the public,” explained Michelle Halley, attorney for the National Wildlife Federation.

“Our challenge of the DNR lease dovetails with the administrative law judge’s finding that the MDEQ did not properly consider Eagle Rock’s use as a place of worship. The MDNR neglected to do so as well,” said the NWF attorney.

In addition to Eagle Rock, the portion of the Yellow Dog Plains that would be off limits to the public if the mine is allowed has historically been used by local hunters, anglers, hikers, and berry pickers.

“The public trust doctrine takes into consideration the historical use of the area, as well as public access. In this case, the public not only had access to the area for centuries, but actively used the lands for a variety of purposes. Now the State wants to take it away from the public and give it to a private, foreign-owned company for private gain. We deserve the chance to make our case and have it decided on merits. We are confident,” Halley said.

Judge’s decision on mining application made

elimywhit — Wed, 19 Aug 2009 14:47:08 +0000

FOR IMMEDIATE RELEASE
August 18, 2009

Contact: Michelle Halley, NWF – 906-361-0520

Mine opponents find both good and bad in judge’s decision
NWF and partners pleased with Eagle Rock protection, will appeal remainder of decision

MARQUETTE, MICH – Administrative Law Judge Richard Patterson announced today that he will uphold permits issued to Kennecott Eagle Minerals Company by the Michigan Department of Environmental Quality in 2007, with one critical exception that could nix the project or at the very least require a major overhaul of the mining plan. Nonetheless, the petitioners in the case will likely appeal the portions of the permits not struck down or modified. Attorneys say the contested case record provides a remarkably strong basis for appeal.

In his decision, Patterson recommended moving the mine’s portal, or entryway, from Eagle Rock, a sacred outcropping with spiritual importance to local Native American tribes. Patterson stated that Kennecott and the MDEQ “did not properly address the impact on the sacred rock outcrop known as Eagle Rock” and suggested moving the mine’s entry portal away from the rock.

Michelle Halley, attorney for the National Wildlife Federation, said “Kennecott has claimed for years that Eagle Rock is the only possible location for the mine’s portal. Without that option, this mine could be halted or, at the very least, require a complete overhaul of the mining plan. We are pleased that Eagle Rock will be protected, assuming MDEQ Director Steve Chester follows the judge’s recommendations on this issue.”

Patterson’s decision comes in the form of a recommendation to Chester. According to law, the parties in the case will have an opportunity to file exceptions to the judge’s recommendations by submitting a written document outlining those components with which they agree or disagree. Once Chester has received the exceptions, he will issue his final decision. Chester is not obligated to follow Patterson’s recommendations.

“While the protection of Eagle Rock is fantastic, it doesn’t address most of the technical deficiencies we outlined in the course of the contested case. Therefore we will almost certainly appeal the final agency decision should Director Chester adopt the judge’s recommendations on the remaining issues,” Halley stated.

The decision is the latest development in a series of legal challenges to prevent a foreign mining company with a deeply troubled environmental and human rights history from blasting a risky metallic sulfide mine beneath the Salmon Trout River in the central Upper Peninsula. Petitioners in the case are the Keweenaw Bay Indian Community, Huron Mountain Club, National Wildlife Federation and Yellow Dog Watershed Preserve.

In most areas, the judge’s recommendations failed to address issues that are important to protect workers and the environment. Halley, who said she is still reviewing all of the specifics of the decision, went on to say that NWF will address its concerns in written exceptions presented to the MDEQ and ultimately through appealing Chester’s final decision if it comes to that.

“We put on a solid case and created a factual record that will support appealing the remainder of the permit provisions that Judge Patterson left unaddressed. Many of those are too important to be overlooked and if they should remain unaddressed by Director Chester, we are prepared to appeal,” Halley stated.

“This ruling does not change our firm belief that the decision to permit this mine violates the law,” said Andy Buchsbaum, regional executive director of the National Wildlife Federation’s Great Lakes Regional Center. “We remain committed to protecting the people, economy and wildlife of Michigan from this risky type of mine that has proven deadly to rivers, streams and communities in other states.”

During oral arguments in the summer of 2008, NWF and its partners presented more than two dozen witnesses in a variety of technical disciplines. At the time, Halley remarked “the testimony in this case has done nothing but demonstrate Kennecott’s substandard job in preparing the application and the slipshod review by the DEQ. Testimony at the hearing from Kennecott, MDEQ and our experts proves time and time again that the proposed mine is unsafe for humans and the environment.”

Perhaps most stunning was the admission of MDEQ employee Joe Maki, leader of the mining review team that ultimately recommended approval of the mining permit. Asked under oath if he had applied mining law Part 632’s critical standard which states that the company must prove it will not pollute, impair, or destroy natural resources, Maki stated simply “I did not.” Asked if the mining review team had applied that standard, he said “I don’t believe so, no.”

Should MDEQ Director Chester act on Patterson’s recommendation regarding Eagle Rock, Kennecott will remain stymied and cannot conduct mining operations until a new mining plan is submitted and approved. In addition, the U.S. Environmental Protection Agency must still decide whether the company could obtain necessary federal permits.