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

Why I’m Fasting to Halt Construction of the Eagle Mine

Friends,

On July 9, I began a water-only, open ended fast to protest the construction of the Eagle Mine that is being built in the Yellow Dog Plains of Marquette County by Kennecott Eagle Minerals.  Kennecott is a subsidiary of the London based mining giant, Rio Tinto. 

I’m undertaking the fast as a part of the U.P. Grassroots Campaign to Defend our Water and Stop the Eagle Mine organized by WAVE  (Water Action Vital Earth) and SWUP (Save the Wild UP).

The campaign. is urgently required. It may be our last, best chance to stop the mine.  Kennecott has indicated that it may begin blasting the mine’s portal in mid-September. 

The goal of the campaign is to arouse, inspire, and mobilize our citizens to make a renewed effort to block the mine.  Its specific objective is to convince Governor Snyder to issue an executive order to halt work on the mine and call for a complete third party impact study on every aspect of the Eagle Mine project. 

The mine is a badly flawed project. It is poorly designed and may collapse.  The review of the Kennecott application by the Michigan Department of Environmental Quality ignored the design deficiencies, suggesting that it was either incompetent or in collusion with Kennecott.  Furthermore, metallic sulfide mines are inherently risky.  There has never been one that hasn’t contaminated the surrounding water sources.

In March, Governor Snyder refused an earlier request by WAVE to halt construction on the mine and order an EIS.  In our letter we said:

Allowing the development of the Eagle mine to continue or to close the mine down is, quite simply, a question involving life and death choices.  Physicians and public health professionals have testified repeatedly that our health and the health of our children is being placed at great risk by the Eagle mine for generations to come. We think you would agree that we should not compromise the lives of our people for a short term economic gain.

I was morally outraged by his decision. The decision precipitated the Campaign 

I am fasting to support the goal of the campaign.  It is my way to say “NO” to the unknown and possibly devastating consequences of the mine and “YES” to protecting our water and assuring a sustainable future for our children. 

As a person of faith, I perceive the fast as a way of nonviolently placing myself between the Eagle Mine and our precious water resources and the people whose health and well being depend on them.  If the Governor will not take responsibility for these matters, then we-the-people must do so.    

Perhaps the Governor will listen and give some thought to his decision.  Perhaps his conscience will tell him that he should do the right thing and suspend work on the mine. 

And, hopefully, the people of Michigan will hear WAVE’s call to join the Campaign and condemn the mine, demanding that the Governor call for a halt in its construction.

I hope also that the campaign and my fast not only halt the Eagle Mine but serve as a catalyst for concerted action across the western UP to anticipate and resist strongly future mines that are planned for our region.  There has been and continues to be extensive exploration for new mines.  Recently Kennecott Minerals began exploratory drilling in the Ottawa National Forest.

One further thought.  I believe the mine is a symbol of the consequences of an alliance between the corporate sector of our economy, dominated by multi-national giants like Rio Tinto, and our state government that has effectively disenfranchised we-the-people and shredded the social contract.  We no longer have an effective voice in the most basic decisions that affect our health and well being.  How did this come about?. What is to be done about it?  How are we to regain a voice in these decisions at every level of government?  My conviction is that it can only be done by creating our own alliances, finding common ground, and working together to regain our voice.  I invite other thoughts about this.

I look forward to hearing from you.  Contact me at the email address above.  You can also find me Monday through Thursday at 4:30 PM in front of the main Marquette post office on the corner of Washington Ave. and  N.  Third St. 

In peace,

Scott Rutherford

Biodata
I’m a 77 year old resident of Hancock, Michigan.  I’m a graduate of Dartmouth College and served three years in the U.S. Navy.   After working for  A.I.D  for six years, I went to work for the Economic Development Administration from which I retired in 1986.  I am one of the founders of Omega House, a home for the terminally ill in Houghton.  I am married to the artist, Joyce Koskenmaki.  I have three children from a previous marriage and five grandchildren.  I am a member of Good Shepherd Lutheran Church in Houghton, Michigan..

Contact Information
Save the Wild UP
PO Box 562
Marquette MI 49855 
906.228.4444 
info@savethewildup.org
scottru33@yahoo.com 

Scott Rutherford and supporters

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.

 The group submitted the application earlier this year but was met with challenging opinions from local citizens, federal agencies, state biologists, and environmental groups like the Yellow Dog Watershed Preserve. During public hearings regarding this permit application, many individuals spoke out about the potential negative consequences of building a 22 mile haul road through a remote and wild section forest land. Issues ranged from the impacts on wetlands to habitat destruction/fragmentation and more. The majority of the concerns from federal agencies included a lack of analysis regarding alternative routes and wetland mitigation. To address the concerns, the group withdrew their permit right as the 90 day decision period was closing.

 As a group that has reviewed the application, submitted comments, and attended the public hearings, YDWP commends the U.S. EPA for taking a closer look and not simply rubber stamping this project. If such oversight was used during the permit review for the mining plan, we might be in an entirely different situation.

 Below is the document that was sent to the MDNRE from Woodland Road, LLC.

Memo to MDNRE

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.

Further detail about their comments can be viewed in this document
EPA_Comments_3-17-10[1]

 The MDNRE has 90 days to either get compliance from the applicant with their concerns or deny the permit. If the company can comply with these agencies’ concerns within the next 90 days these agencies may withdraw their objection and the wetlands permit may be approved.  If, however, the MDNRE approves this permit without these agenies withdrawal of their concerns – the applicant must file for a permit under Part 404 Clean Water Act with the Army Corp of Engineers.
  
The outcome is still to be determined, so we urge all citizens to again weigh in with their comments to the DNRE asking them to deny this wetlands permit. A simple email to Mr. Smolinski  supporting the EPA, U.S. Fish and Wildlife Service and the Army Corps of Engineers’ recommendations to NOT APPROVE the Woodland Road LLC wetland permit, with a cc: to Director Rebecca Humphries AND a little call to our Governor would be nice.  Keep it all nice and polite and urge them to DENY this permit.
 
Mr. Mike Smolinski – DNRE
 
SMOLINSKIM@michigan.gov
 
 cc: Director Rebecca Humphries – DNRE
Lansing MI
 
HUMPHRIR@michigan.gov
 
CALL:

Governor Jennifer M. Granholm
PHONE: (517) 373-3400
PHONE: (517) 335-7858 – Constituent Services

Written comments will be accepted 10 days after the scheduled hearing. Please make it to this meeting. This area should be left wild and building a haul road straight through it will endanger wildlife, plant ecosystems, opportunities for solitude, and water quality of 8 different waterways. We will keep you posted on more updates as the comment period approaches.

State threatened gentians could be impacted

NOTICE OF PUBLIC HEARING
The Board of County Road Commissioners of Marquette County, Michigan will hold a public hearing on September 28, 2009 at 6:00 p.m. EST. The hearing will be held at the Ishpeming Township Hall .
The purpose of the public hearing is to discuss the Woodland Road Transportation Plan.
Minutes for the above meeting will be filed and available for public use at the Road Commission Office during normal operating hours.