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| March 3, 2008 |
Suit challenges legality of DNR, Kennecott lease
A failure by the Michigan Department of Natural Resources to follow state law will be challenged before the Ingham County Circuit Court as a result of a suit filed today by opponents seeking reversal of a land lease with Kennecott Eagle Minerals Company.
It has been three weeks since the MDNR granted approval to the unprecedented lease that grants KEMC, a for-profit company with no ties to Michigan, exclusive use of 120 acres of state-owned land for a period of decades. KEMC is planning to construct surface facilities for a sulfide mining operation on the Marquette County property. Those challenging the decision say it violates the Michigan Environmental Protection Act, the Michigan Revised Judicature Act, and Michigan's public trust doctrine.
Acting as co-petitioners in the suit, the National Wildlife Federation (NWF), Keweenaw Bay Indian Community, Huron Mountain Club and Yellow Dog Watershed Preserve are asking the court to declare the surface lease void, find that the conduct related to the surface lease would pollute, impair or destroy natural resources, and therefore instruct the MDNR and KEMC to halt any conduct related to the surface lease.
"The State of Michigan has never issued a lease of state lands similar in scope to this one in terms of the amount of land at issue, the period of years, the risky nature of the proposed activity and the long-term implications. This decision is a pivotal one for the future of Michigan's public lands and this flawed decision cannot go unchallenged," said Michelle Halley, attorney for NWF.
Halley and co-petitioners say that, by entering into the surface lease, MDNR violated its duty under state law to refrain from authorizing conduct that is likely to pollute, impair or destroy the air, water or other natural resources, or the public trust in those resources, if there is a feasible alternative. KEMC owns land in the vicinity that would meet the criteria of a feasible alternative.
The same petitioners have also filed suit challenging the Michigan Department of Environmental Quality's decision to grant mining, groundwater and air permits for the same project. The first of those challenges will be heard by an administrative law judge on April 28, 2008. |
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| February 26, 2008 |
Hello to you at Earthwork Music!
We at the Northern Michigan Environmental Action Council are gearing up to celebrate our annual Environmentalist of the Year Awards celebration on the eve of Earth Day, Friday, April 18. We're once again partnering with Great Lakes Bioneers to host our event, and I'm wondering if you have space to link up our save-the-date flyer for the event on your Website. We're also hosting a one-day (same day) Water Forum titled Great Lakes for Sale, to raise awareness of the water crisis issues we're facing here in Michigan.
Please let me know if you would care to put up a link, and I will gladly send you a Word doc or PDF of the flyer, or simply a description and link to NMEAC's Website.
Thanks for your time –
Heather
Heather R. Edwards
The Resource for Great Programs / NMEAC
West Michigan Field Office
1238 Mound Ave, NW
Grand Rapids, MI 49504
616-735-4825 (tel and fax)
_________________________________
Main Office
3055 Cass Road, Suite 102-B
Traverse City, MI 49684
231-947-3280 |
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Save the date!!
December 6 2007 |
IMPORTANT DATES
Water Flyer (.ppt) download
***** ACTION ALERT *******
NEW!! December 6th is the next Natural Resources Commission meeting in
Lansing, where there will be director discussion about the Eagle Mine
lease of the the 120 state land acres surrounding Eagle Rock.
We are hoping to get as many people as possible to the NRC session at
the Lansing Center, 333 E. Michigan, downtown Lansing - about three
blocks east of the capital building.
In order to get five minutes to testify you must sign up at least one
week in advance by contacting Theresa Gloden (NRC Secretary) at: glodent@michigan.gov and indicate that you wish to testify at the NRC
meeting on December 6th.
Public comment starts at 4:30 pm. Those who pre-sign up to testify
get 5 minutes. If you do pre-sign up, but wish to speak, you will be
allowed 3 minutes for your comments. Getting there early to hear
parts of the rest of the meeting are advised if possible.
Here is the NRC web site with agenda and minutes - note the agenda for
December 6 is not up yet:
Bullet items which seemed to resonate with Director Humphries when we
spoke last week:
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DEQ Web site says All comments, even DNR, are closed, and when one
attempts to send comments to the official email address, you receive a
canned message which says essentially, "too late".
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Safety issue - while KEX and some DNR staff say that accessing
through Eagle Rock is safer, there are 2 problems with this:
a) No one, DNR, DEQ, KEX has provided documents to demonstrate this,
and more importantly,
This assumes that access WILL happen, and that it is the
responsibility of the DNR to make it happen in the safest manner. If I
plan a business venture on my land, but it turns out that the DNR has
land better suited for the business, this doesn't mean that the DNR
should allow me to use public land.
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Unlike DEQ permit issues, this is discretionary - in order to turn
over public land to a private entity, there needs to be a CLEAR
benefit to the people of the state of Michigan, and so far,
there has been no demonstration of such.
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It is unclear where the authority is to authorize the DNR to lease
surface use on top of a mineral lease to access and process ore from
another mineral lease altogether.
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DNR has repeatedly stated that they will not make a decision on the
lease until "all other permits are in hand" - but there are
-
many
permits not in hand, including EPA, MSHA, etc.
READ THE LETTER FROM THE SIERRA CLUB TO THE MICHIGAN DNR HEAD (PDF) |
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September 30, 2007 |
NEW!! Save the Yellow Dog, Write Letters to our Michigan Politicians |
March 6, 2007 |
DEQ / KENNECOTT DECISION PRESS
LINKS
Record-Eagle
Detroit
Free Press
Oakland
Press
Detroit
Free Press |
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JUST IN!! |
DEQ Withdraws Proposed Decision
on Kennecott Mining Application
March 1, 2007
The Department of Environmental Quality announced today
that it has withdrawn its proposed decision to approve a
permit for the Kennecott Eagle Minerals Company to conduct
mining operations at the proposed Eagle Project Mine. The
decision was made after discovering that two reports on
the structural integrity of the mine were not properly made
part of the public record or given a comprehensive technical
review.
As a result, there has been an insufficient opportunity
for the entire mining team and DEQ management to review
the additional technical reports and determine their significance
from a technical, legal, and policy perspective.
"This department has committed itself to making this
process as open and transparent as possible," said
DEQ Director Steven E. Chester. "In light of this information,
we must allow the needed time for ourselves, as well as
the public, to give it the appropriate review."
Director Chester also announced that the public hearings,
scheduled for March 6-8 in Marquette and March 12 in Lansing,
will be postponed and rescheduled at a later date.
"I regret that canceling the hearings at this time
may create an inconvenience for those who were planning
to attend, but it is critical for us to gain a better understanding
of the situation before we engage in that important part
of this process," added Director Chester.
In addition to a technical review of the reports, the department
will be undertaking an extensive procedural review to determine
how these documents were not immediately given the proper
consideration and to ensure that there is a complete public
record of information related to the mining proposal and
its review. During this review, affected staff will be reassigned
to other projects.
The DEQ will share the findings of its review with the
public as that information becomes available, and the technical
reports will be posted on the DEQ's Web site at www.michigan.gov/deqogs,
then click on Kennecott Eagle Project. |
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March 12, 2007 |
Check out the organization Michigan Citizens for
Water Conservation. They are leading the battle in
Michigan against the diversion and sale of water. The most
recent threat is Ice Mountain/Nestle's plan to start pumping
150 gallons a minute of water from Evart, Michigan. Check
out www.savemiwater.org to learn more. The DEQ will be accepting
comments until March 12, 2007. |
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March 3, 2007 |
Everyone is invited to a public workshop on March 3 sponsored
by Sierra Club, MEC, MLCV, and NWF that will be held at NMU's
University Center from 1 to 4 pm, Cadillac/Brule rooms. The
workshop is offered for those who wish to learn more about
the permit deficiencies and methods of making their testimony
more meaningful to the DEQ regulators. Even if you are planing
to submit your testimony in writing, this free workshop will
provide useful information. Please join us
The DEQ will hear comments for:
1. DEQ Air Use Permit
2. DEQ draft Groundwater Discharge Permit
3. DEQ proposed decision to grant the mining permit
4. DNR draft Surface Lease
5. DNR draft Reclamation Plan |
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March 6-8, 2007
1-4:30 and 6-9pm |
DEQ Public Hearing POSTPONED
Northern Michigan University
Don Bottum University Center
Michigan & Huron Rooms
The Department of Environmental Quality
will hold hearings on the proposed mine from 1 to 10 p.m.
March 6-8 at the University Center at Northern Michigan
University in Marquette.
The DEQ plans to make a final decision
in May. Public commentary is welcome and encouraged.
For more info call (517) 373-7917.
Kennecott Sulfide Mining in Michigan
Important Dates, Sample Letter and Background
Info |
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March 12, 2007
1-4:30pm and 6-9pm |
DEQ Public Hearing POSTPONED
Lansing Center
333 E. Michigan Ave
Lansing, MI 48933
BONUS: The Michigan League of Conservation
Voters will be at the Lansing Center during the hearing
to help debrief and prepare people for public comment. They
will be providing food and refreshments as well! |
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April 5, 2007 |
DEQ/Kennecott End Public Comment
(send written comments by this date) |
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May 3, 2007 |
DEQ/Kennecott Potential
Final Decision |
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| xxxxxxxx |
**Send your written comments
to the DEQ and Governor Granhom!!
Steven E. Wilson
MDEQ, Geological Survey
Minerals & Mapping Unit Supervisor
525 W. Allegan, P. O. Box 30256
Lansing, MI 48909-7756
wilsonse@michigan.gov
The Honorable Jennifer M. Granholm, Governor
P.O. Box 30013
Lansing, Michigan 48909
Phone: (517) 373-3400
Phone: (517) 335-7858 - Constituent Services
Fax:(517) 335-6863
*You can also send your comments by cutting
and pasting the sample letter below to the Governor via
"Share Your Opinion" on the Michigan Government's
website. LINK |
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