Tag Archives: administrative record

What Is Sonny Perdue Hiding?

Why did Secretary of Agriculture Sonny Perdue abruptly cancel the planned two-year mineral withdrawal study in Superior National Forest? Why has he so far failed, or refused, to turn over findings from the first twenty months of that study, despite repeated requests from congressional leaders? If, as Perdue claims, the study “did not reveal new scientific information,” what’s there to hide?

The administrative record is being deliberately kept from us, it seems. Congress has yet to see the documents and analysis the Secretary of Agriculture is supposed to have consulted before issuing his decision to clear the way for copper mining on the edge of the Boundary Waters. The American public has no assurance that Perdue or the Trump administration “acted in good faith,” as the editors of the Star Tribune put it over the weekend, or even, I would add, in compliance with administrative law. As things stand, “disturbing questions remain about whether [an] industry-friendly outcome was driven by science or politics. If there’s nothing to hide, there should be no delays in providing this information to the public.”

At a hearing of the House Appropriations Committee on Tuesday, April 9th, Representative Betty McCollum asked the Secretary of Agriculture to address some of those concerns. (The video is cued to the start of McCollum’s question time.)

Some highlights.

Back in May of 2017, Secretary Perdue had reassured McCollum and an Interior subcommittee that he would “absolutely” allow the planned two-year study to go forward. But his words, McCollum says, have been “completely belied by [his] actions.”

You failed to live up to your words when you announced in September the abrupt cancellation of the mineral withdrawal study. Twenty months into a twenty-four month study review. Twenty months of collecting public input. Twenty months of science-based assessment. And all you released was a one-page press release. And that’s completely inadequate. We still have not seen any of the science behind the science-based decision. I have sent multiple letters, first in November and then again on March 1st, along with the Chair of the Natural Resources Committee, asking your agency to release the relevant documentation from the twenty-month review. Your own press release said the review included …”a mineral resource report, a biological and economic impact assessment, potential impacts to water resources, wilderness areas, and cultural resources.” Secretary Perdue, were all those reports completed as part of the environmental assessment?

Perdue: I can’t answer that question directly, Ma’am.

McCollum: So if you don’t have complete scientific reports to review before making your decision to cancel the withdrawal, one has to ask what your decision was based on. Do you have any idea what your decision was based on, sir?

Perdue says he does have an idea, but in the exchange that follows, he manages only a jumbled statement.

When I learned that Minnesota really has the last vote on this as a state government, and where the governor had determined already that he was not going to allow this to go forward, it made no sense to me to proceed to — certainly, there’s been not one permit issued, there will not be one permit issued until it’s a complete environmental impact statement and study, based on that, and it looked to me it would be duplicative after I realized that, after my statement to you in May of 17 at my first hearing, and therefore the state of Minnesota has the last vote on this, and I would expect them to do what the citizens of Minnesota would decide.

If I may venture a paraphrase: the Secretary of Agriculture cancelled the scientific study of mineral withdrawal, because — try to follow the reasoning here — once Superior National Forest is no longer subject to withdrawal, and the permitting process for new mining can get underway in earnest, there will be environmental impact assessments done. Those assessments will involve science, or “study.” Why finish the two-year study to determine whether any mining should be done at all, when we’re just going to do more scientific study later, in order to issue mining permits? And since the governor and the people of Minnesota seem to be against the whole thing anyway, science is irrelevant.

This is arrant nonsense, and shows an utter disregard for administrative procedure and a lack of preparation that borders on contempt of Congress. Still, it might help settle the question whether Perdue’s decision was driven by “science or politics.” Secretary Perdue seems not even to understand the role scientific study plays in the Forest Service’s disposition of public lands, or he just doesn’t care. Consider his attitude toward scientific study in the press release he issued back in September of 2018. There, Perdue boasted that by cancelling the two-year study he had removed a “major obstacle,” a “roadblock,” to mineral leasing on the edge of the Boundary Waters. Now, “interested companies may seek to lease minerals in the watershed.”

McCollum was not satisfied with any of this — why should she be? — and she reminded Perdue that his actions have already had serious consequences.

Well, sir, I respectfully disagree with your analysis of this. Once the Forest Service didn’t go forward on the study, BLM started moving forward on lease renewal. Once the study wasn’t completed and I asked for all the information on it, taxpayers paid for it, I have not received it. So sir, I feel that the Forest Service did not fulfill its congressional obligation by moving forward with the full two-year study, and the watershed that the Boundary Waters is in, all water’s precious, but it makes no sense to me at all that the Forest Service abandoned its due diligence research… Your stopping the study started a rollercoaster of events that will lead, possibly, to the destruction of these pristine waters.

McCollum has once again raised the alarm. Where are the whistleblowers?

Read more posts about the Boundary Waters reversal here.