Case Study: Keweenaw Bay Indian Community and the Kennecott Eagle Mine. Imagine being unable to drink safe and clean water from your sink any

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1 Jacob Merten ES 600 Conaway, Hill Case Study Final Draft 3/16/15 Case Study: Keweenaw Bay Indian Community and the Kennecott Eagle Mine Introduction: Imagine being unable to drink safe and clean water from your sink any longer, the natural water sources laden with chemicals and dangerous to ingest. Many people in the L Anse Indian Reservation (the land base of the Keweenaw Bay Indian Community of the Lake Superior Bands of Chippewa Indians) and towns north of the new Kennecott Eagle Mine (Baraga, L Anse, Champion) may face that exact scenario in the coming years with the new underground copper and nickel mine being developed nearby. Marquette County in Michigan has been facing the possibility of Kennecott Eagle Mine since 2006 when it was first proposed, and finally lost to the mining company in 2014 after an eight-year battle. Mines are known to be dangerous to public and environmental health even when closely monitored, so when this underground mine was created it led to much outcry from local tribes and other Marquette Co. residents (Hutchins, 2005). The Kennecott Eagle mine adjacent to the L Anse reservation will likely degrade the environmental health of the area, threaten the sovereignty of the Keweenaw Bay Indian Community and ultimately put the tribal and non-tribal residents at risk. 1

2 Background: Mining can provide many materials that are needed by society, but the very nature of copper and nickel mining damages the environment and creates concern about its stability for the community members on and off reservation. The costs of mining are often more localized while the benefits are dispersed, so it is no surprise that with the rise of environmental awareness there has been more opposition to mining in local communities. This is the scenario that is taking place on the L Anse Reservation in the Upper Peninsula of Michigan along Lake Superior between the tribal and non-tribal community and Kennecott Eagle Mines. Margot Hutchins discusses how both discourses of the mining debate use science to support their claims but rarely agree on a scientific solution (2005). The mining company fails to see that the water they are endangering has nourished the Keweenaw Bay Indian Community (L Anse and Baraga Ojibwe) for hundreds of years. The Keweenaw Bay Indian Community (KBIC) now have to fight for their clean water and sacred sites while Kennecott Eagle Minerals begins to burrow thousands of feet under the earth to pull out ore. The L Anse Indian reservation is home to 1,030 people and is both the oldest and the largest reservation in Michigan. Bienkowski explains how the struggle of this small community in remote, northernmost Michigan mirrors that of its native ancestors, the KBIC respect all natural resources and treasure personal connections with the land (2012). Kennecott Eagle Minerals proposed for the mine s creation in 2006 and has been in a fierce debate with the Keweenaw Bay Indian Community since. For a KBIC tribal member, everything is at stake because water is a living 2

3 thing that provides for [them] physically and spiritually (Jessie Koski, quoted in Sacred Water, New Mine: A Michigan Tribe Battles A Global Corporation Environmental Health News ). The Kennecott Eagle Mine represents an environmental threat to a region where local tribal members have been, and continue to be, over-looked by the government. Policies affecting the case: The Kennecott Eagle Mine project has possibly infringed on reserved treaty rights and sovereignty that are essential for tribal members of the KBIC. Tribal sovereignty is federally recognized and tribes are considered domestic dependent nations; tribes have the right to govern themselves and there is a government-togovernment relationship that exists between tribes and the federal government (Bienkowski, 2012). By this reasoning, the KBIC should be respected by the federal government as an equal, and acknowledged when under duress with regard to environmental protection and sovereignty. There is a trust doctrine that the government should still help fight for tribes (Leadership Conference, 2015). The L Anse Indian Reservation is not being directly affected by the possible environmental pollution brought about by the Kennecott Eagle Mine, but they are still passively affected. If groundwater is polluted in the region then it could harm the whole watershed. Local wildlife that has been hunted by the tribal members may decrease in numbers if their environment is taken away or water quality declines. Hunting is a spiritual and culturally significant aspect of Ojibwa life, and they cannot stop watershed pollution without government intervention. 3

4 At the local level, officials claimed that the mine did not benefit the regions of Marquette County and the KBIC as much as it could harm it, primarily in an economic sense (Magnuson, 2012). State officials reported that jobs would open up for a region prone to unemployment and poverty, giving a boost to the economy of the KBIC, but did not mention environmental consequences, instead allowing the EPA to deal with that issue. In 2010 the EPA eventually determined that the redesigned Treated Water Infiltration System did not need an Underground Injection Control permit even though it is generally required. This waiving of environmental regulations and the inattention from state and federal government resulted in Kennecott Eagle Minerals Company to begin mining in This occurred after the tribe sent the Chief of the Underground Injection Control (UIC) Branch a letter discussing how Kennecott Eagle Mining Company s monitoring and contingency systems are inadequate to protect the bedrock underground source of drinking water (Polito, 2009). The argument the EPA gave states that mine shafts and workings are not regulated under the UIC program and that backfill material is not a regulated fluid according to this same rule set. The outcome seems hard to believe since anything affecting groundwater should logically be included in underground injection rules, to protect against pollution of drinking water. Magnuson describes how frustrated citizens, opposed to Kennecott s lack of transparency and wary of the state s lack of oversight, have pledged an ongoing commitment to monitor the mining company s operation (2012). Lax legislation and possible oversight by state and federal 4

5 governments (as well as the EPA) has led to an issue of environmental justice and the likely deterioration of environmental health in the L Anse Indian Reservation. Analysis: Both the environmental justice deserved by the Keweenaw Bay Indian Community along with the environmental health, public health, and economy of Marquette County and the L Anse Reservation are factors relating to the Kennecott Eagle Mine. On September 22, 2011 while awaiting a final judgment on the mine, Kennecott Eagle Minerals Company began dynamiting the area that was adjacent to Eagle Rock to open an entrance for their mining operations (Magnuson, 2012). This action went unpunished by the federal or state government and underlined a point of contention: the environmental justice of the KBIC. Bienkowski points out that tribal members can be more vulnerable than other groups because of their cultural attachment to natural resources like the water they are fighting over (2012). The KBIC have a strong connection to water both in its healing qualities and its use in harvest of culturally valuable food like wild rice. Since 1999 the KBIC has planted thousands of pounds of wild rice seed at 13 sites in Baraga County (adjacent to L Anse Indian Reservation) and degradation of water quality can affect resource yield (Gingras, 2005). The EPA defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, sex, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations, and policies (Polito, 2009). The tribal members of the KBIC did not seem to slow 5

6 the establishment of the Kennecott Eagle Mine no matter how much they protested and fought. The top environmental justice issues are still plaguing many tribes in the form of a lack of healthy foods and clean water, with no protection of sacred sites (Bienkowski, 2012). The public health of the KBIC will be a focal point in determining how the Kennecott Eagle Mine affects the region. Gingras mentions how physicians and public health professionals have testified repeatedly that both the KBIC health and the health of their children are being placed at a great risk by the mining operation for generations to come (2005). Underground mining can release many hazardous pollutants and chemicals (heavy metals) into the surrounding groundwater, including the drinking and recreational water source. Concerns with methyl mercury exposure are understandable, because mercury in the water will affect fish and anyone with high fish ingestion. Mercury poisoning can lead to neurological damage, harm fetal growth in pregnant women, and other problems (Polito, 2009). This chemical is a significant issue in the KBIC area since members are very active in fishing and fish consumption. Overall, many heavy metals that are by-products of mining can increase the risk of cancer if ingested, and must be kept out of local water sources. Gingras claims that Michigan will soon have a stronger economy largely based on water (2005). Water is quickly becoming the most precious commodity in the world and the small economic benefits that a copper and nickel mine will produce are outweighed by the risks. The mine being built in the central Upper Peninsula could make the area less desirable for tourism, ultimately hurting the 6

7 economy more than it is helping. Headwater Economics led a study that found that approximately 75% of jobs in Keweenaw are in travel and tourism, over 35% more than any other region in the Upper Peninsula (2013). Summer tourism could see a decline if the clean water of the Keweenaw Bay area is significantly polluted; this reduced tourism in the region may have a profound effect on the largely tourismbased economy. Hunting and fishing and the connection that tribal members of the KBIC have with the environment and natural resources of the watershed are in jeopardy if the Kennecott Eagle Mine pollutes valuable sources of water. Applications: Kennecott tried to steadily counter the anti-mining message in the media and attempted to promote claims of success at the Flambeau Mine in Wisconsin as well as other mines in the Lake Superior area. This approach could be employed by Gogebic Taconite (GTAC) referencing the success of the Kennecott Eagle Mine that just opened last year. The problem with praising the qualities of a new mine is that it is impossible to see how mining operations will affect the environment and public health for years or even decades. Campbell and Roberts reference how Kennecott used television and radio commercials to confuse local residents and keep them fighting among themselves and ignore the mine (2010). This tactic is used by many mining companies because it helps take pressure off of them and focuses locals against each other. As of March 2015, GTAC has withdrawn their application for their iron ore mine near the Bad River Reservation. A key factor in a mine failing to get established 7

8 is that permitting success is unlikely if there is already a large anti-mining local community as the permitting process starts because their opinions are not likely to be changed (2010). The trick for anti-mining groups would be to voice concerns early and loudly and to combat any advances by companies trying to integrate into their local community. Tribal members in the Bad River community did an admirable job in rejection of the GTAC Mine, stressing wetland destruction that could come from a mine in the Penokee Hills. Ashland, Bad River, and the surrounding watershed will more than likely benefit from a mine-free environment. The Bad River Band of Lake Superior Tribe of Chippewa Indians relies on rivers and Lake Superior for an important part of their diet. There are not many commercial fishermen on the Bad River Reservation; most are subsistence fishermen that take only what they need to feed their families (Campbell and Roberts, 2010). Harming the watershed that feeds into these rivers could harm the fish, and way of life of Bad River tribal members. Conclusion: There has never been a completely clean or environmentally neutral mine. The Kennecott Eagle Mine is already operational and in the next few years, many people will be looking at L Anse to see how their health and water quality are affected. Lawsuits and negotiations with local, state, and Federal governments have been useless and expensive. Nonetheless, it is essential for tribes to push industry and government to respect their beliefs, land, water, and rights. Tribal sovereignty is important because the tribal members have difficulty governing mines outside of 8

9 their reservation, but are still affected negatively from it. The federal government needs to play a more active role with tribal governments. The fight against Kennecott Eagle Mines may have turned for the worse, but Bad River tribal members can learn from both their mistakes and successes and continue to protect their sacred homeland from mining development. References: Hutchins, Margot J. et al. Corporate Social Responsibility. Greener Management International (2005): Web. 22 Feb Bienkowski, Brian. Sacred Water, New Mine: A Michigan Tribe Battles A Global Corporation Environmental Health News. Environmental Health News Web. 22 Feb Leadership Conference, The. Tribal Sovereignty. Civil and Human Rights & The Leadership Conference Education Fund Web. 03 Mar Magnuson, Jon. Witness: A personal account of local efforts to stop Kennecott Eagle Project mine. Marquette Monthly 21 Jan Web. 26 Feb Polito, Joseph M. Kennecott Eagle Minerals Company: Underground Injection Wells Web. 22 Feb Gingras, Paul. Mining Operation May Have Major U.P. Impact. The St. Ignace News 03 Nov Web. 27 Feb Headwater Economics. The Upper Peninsula s Economy and a Changing Climate Web. 28 Mar Campbell, Gary, and Mark Roberts. Permitting A New Mine: Insights From The Community Debate. Resources Policy 35.3 (2010): Web. 22 Feb