At a hearing yesterday of the House Appropriations Committee, Representative Betty McCollum asked newly confirmed Secretary of the Interior David Bernhardt —again — for documents regarding the decisions and actions taken on the Boundary Waters. Bernhardt was politely evasive, but made it clear that Interior is more likely to comply with the mining company’s plans than with Congressional demands.
The full exchange is cued up here:
A few notes.
We should take a moment to appreciate that Representative McCollum used some of her time to talk about the recent report from the UN Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES). This global assessment brought alarming news. McCollum started by asking whether it was being taken seriously at Interior, and how Interior could possibly continue to advance Trump’s “energy dominance” agenda in light of the report’s findings:
The UN Report also stated that the health of the ecosystems that we and other species depend on is deteriorating more rapidly than ever. We are eroding the very foundations of our economies, our livelihoods, food security, health and quality of life worldwide. Around one million plant and animal species are now threatened with extinction, many within decades, more than ever before in human history.
So, Mr. Secretary, like the Fourth National Climate Assessment, this information is very sobering, and I believe it’s a call for action. So with the release of this information will the Department of Interior take a pause in its approach to energy development, to reexamine the impacts of these operations on ecosystems, species, and habitats, to see if there are better approaches?
Without waiting for a reply, McCollum continued:
The report also states that the abundance of native species in most land — major land based habitats has declined by 20 percent. And so I want to know how the Department is going to work to sustain native plants on public lands, and …the last thing that I’ll mention that the report highlights is the impact of greenhouse gas emissions on nature. With those impacts projected to increase over the coming decades. So I believe, and I believe many Americans would agree with me, that we can’t continue a business as usual approach. So how’s the Department going to incorporate this science into your everyday operations and long range planning? In other words, what are you doing to make sure the United States is a leader, and not a contributor, in the eroding of the foundations of our economies, our livelihoods, and the health and quality of life not only here in America but worldwide?
These remarks set the tone and context for the whole hearing, and for the brief exchange over the Boundary Waters. “The UN Report is on a lot more than just on climate change,” McCollum reminds Bernhardt at the beginning of the clip I’ve included above, “it’s also about pollution, mining, and land use.”
Indeed, the IPBES report notes that mining has “increased dramatically” in recent decades, and that it has already had “significant negative impacts on biodiversity, emissions of highly toxic pollutants, water quality and water distribution, and human health.” It adds that mining has had “strong negative effects on soil, freshwater and marine water quality and the global atmosphere.” As currently practiced, mining even jeopardizes responsible stewardship, as it has frequently led to “indigenous peoples or local communities [being] expelled from or threatened upon their lands.” In light of all this, the report recommends, among other things, “guiding and limiting the expansion of unsustainable agriculture and mining” to protect water and wetlands, which are under more pressure from human activity than ever before.
A thoughtful approach, but Bernhardt’s response was not even remotely satisfactory. He made some noises about how much he respected and appreciated McCollum’s question, but he was careful not to commit to handing over the requested documents. He left himself lots of wiggle room, basically claiming deliberative process privilege. Given his refusal, it was somewhat gratifying to hear that one of the documents I obtained through FOIA — an email to David Bernhardt on October 3rd, 2017, about a briefing on the Boundary Waters — was helpful to McCollum; but it was also frustrating to watch Bernhardt stonewall a Congressional committee.
Like Secretary of Agriculture Sonny Perdue, Bernhardt assured Representative McCollum in the most earnest tones he could muster that once the mining permit process is underway, he’ll be open to public comment. By then, of course, it will be way too late. “There’s lots of opportunity for comment, review. There’s no way we’re going to approve something that’s destructive to the Boundary Waters. But there are processes we go through to analyze that.” This would be reassuring were it not for the fact that those “processes to analyze” had already been set in place — with the finding by US Forest Service Chief Tom Tidwell that sulfide mining posed an “unacceptable risk” to the Boundary Waters; with the issuing of Solicitor Tompkins’ M-Opinion; and with the mineral withdrawal study in Superior National Forest — and Bernhardt, Perdue, and other Trump political appointees abruptly cancelled and reversed all of them.
Why? We don’t know. They refuse to say.
If you listen closely to Bernhardt, his true position becomes clear. “If the applicant” — namely, Antofagasta Plc — “were to go forward, there are lots of opportunities for comment and review.” He’s leaving all discretion to the mining company. He refuses to grapple with the fact that reversals of Obama era protections — the reinstatement of the mineral leases — were unlawful, as McCollum points out here.
We know from the documents we have that Interior basically followed the mining company’s lead, and worked closely and behind closed doors with mining company lobbyists, in making this unlawful reversal. What else is Bernhardt holding back from the public?
Update, 15 May 2019. At today’s hearing of the House Natural Resources Committee, Representative Alan Lowenthal again pressed Bernhardt on the Boundary Waters leases, and asked about the Briefing Memo and the Withdrawal Options document identified in the email correspondence I obtained through FOIA.
At the end of last week, the Committee received thousands of pages in response to their request for documents. This document dump consisted mostly of duplicates and materials that had already been made public through FOIA, and some pages were filled with garbage characters — what Lowenthal called “jibberish.” The Briefing Memo and the Withdrawal Options documents were included, but fully redacted, as they are in the documents I received.
The whole exchange is here.
Bernhardt was non-committal and evasive, as before. But today he had an ace up his sleeve. Toward the end of the hearing, the Bureau of Land Management announced that it had renewed Antofagasta’s copper-nickel mining leases near the Boundary Waters. This is an important step forward for the Twin Metals project.
Read more about the Boundary Waters reversal here.