Tag Archives: freshwater

Three Questions for the Michigan DEQ on the Back Forty Project

Earlier this month, the Michigan Department of Environmental Quality announced its intention to permit the Back Forty Project, an open-pit gold and zinc sulfide ore mine that Aquila Resources, a Canadian company, plans to develop near the headwaters of the Menominee River. In response to the MDEQ’s request for public comment by November 3rd, I’ve submitted these three questions. I’m posting them here so that others might consider them in the run up to the public meeting with the MDEQ in Stephenson, Michigan on October 6th.

  1. In determining that the Back Forty Project application meets the requirements for approval under Part 632, did MDEQ take into account the cumulative effects of sulfide mining throughout the Lake Superior watershed? We know that the Back Forty project poses a significant risk to the Menominee River all by itself. With the mine in close proximity to the river, a flood, berm collapse, subsidence or a slide could destroy the Menominee River; to answer these serious concerns by asking the company to add a “synthetic, manmade liner under their waste/tailing rock facility,” as the DEQ has proposed, is to trivialize them. Other development that the mine will inevitably bring, including haul routes, power lines, lights, fueling stations, exhaust and machine noise, will leave a large industrial footprint and disturb the Menominee River and its environs in countless ways. At the same time, this mine will heighten the risk, in the long term, of large-scale environmental destruction posed by the resurgence of sulfide mining not just in Michigan’s Upper Peninsula, but in Minnesota and Canada as well — all around the lake and throughout the Lake Superior watershed. Has the DEQ completed or participated with neighboring state agencies and tribal authorities in a scientific study of the cumulative impacts of sulfide mining around Lake Superior? Has the DEQ issued guidance on how cumulative environmental effects should factor into its decision-making process for permitting new mines in Michigan?
  2. Has MDEQ made any determination about the human rights implications of its decision to allow the Back Forty project to go forward? Human rights are not outside the DEQ’s bailiwick, no matter how hard it may try to exempt itself. Witness Flint. In the present case, the DEQ’s oversight is inextricably bound up with the state’s obligation to protect human rights abuses by third parties. Aquila’s Back Forty project is sure to disturb, and likely to desecrate, lands traditionally belonging to the Menominee and still held sacred by them; and making provisions for archaeological recovery and preservation of mounds and other sacred sites does not adequately address the basic human rights issues involved here. The headwaters of the Menominee River are central to the tribe’s creation story, marking the place where the Menominee people originated. Their very name derives from manoomin, or wild rice, which will not survive changes in sulfate levels or degradation of overall water quality. As tribal member Guy Reiter has said, “It’s no different than if an open-pit sulfide mine was put in Bethlehem for the Christians.” Seen from this perspective, the Back Forty is not only an affront to Menominee history; it also puts the cultural survival of the Menominee people at risk. How will the DEQ factor such human rights considerations into its decision-making process?
  3. What has the DEQ done to restore trust in its authority, and reassure the Menominee and people living downstream from the Back Forty project in Michigan and Wisconsin that it will exercise appropriate care? The Flint water crisis cast a long shadow, and reinforced the perception that “politics and poverty are big factors” in DEQ decision making. “The same attitude of disregard for citizens and the environment has repeated itself in DEQ decisions across our state for well over a decade,” said Marquette attorney Michelle Halley after news of the Flint water crisis broke; controversy over the renewed Groundwater Discharge Permit issued by MDEQ at Eagle Mine and legitimate concerns about lax oversight at Eagle East help make her case. Like all government agencies, the Michigan DEQ should operate in sunlight. Already, however, troubling questions have been raised about the transparency of the Back Forty permitting process. For example, Al Gedicks, Executive Secretary of the Wisconsin Resources Protection Council, asks why the DEQ appears to be in a “rush” to grant the Back Forty permit. So as things now stand, the DEQ enjoys de jure authority in Michigan under Part 632, but it is unclear whether the DEQ still enjoys de facto authority, which could only derive from demonstrations of regulatory competence. How does MDEQ intend to quell public concern that it is compromised or incompetent, and reassure the public that it is a responsible steward?

The Political Project of MCRC v. EPA, 1

First in a Series

oretrucksAAA

Ore trucks from Lundin Mining’s Eagle Mine make their way down the Triple A road.

No Labels

I’ve just gotten around to reading the complaint filed on July 8th in the U.S. District Court for the Western District of Michigan, Northern Division, by the Marquette County Road Commission against the EPA. The complaint alleges that the EPA’s repeated objections to County Road 595 — that the road will threaten and destroy wetlands, streams and protected wildlife in its way — are “arbitrary and capricious” and in violation of Section 404(J) of the Clean Water Act. The Road Commission asks the court to set aside the EPA’s Final Decision against the building of County Road 595, restore Michigan Department of Environmental Quality’s authority to permit the road, and bar the EPA from further interference in the matter.

While it may take the court some time to decide whether MCRC v. EPA has any legal merit, the complaint is written to serve other ends as well: political objectives. The complaint is aligned with efforts in Michigan, Wisconsin and elsewhere, to ease regulations, subvert the legal authority of the EPA and whip up anger against the federal government; and the plaintiffs appear to be connected, through their attorneys, to one of the most powerful Republican party fundraisers and a network of ultra-wealthy political donors.

The MCRC complaint directs ire against a familiar cadre of enemies — environmental “activists,” overreaching federal bureaucrats and the area’s indigenous community; and it pretends to discover a dark conspiracy, in which these groups meet “surreptitiously,” write “sarcastically” about mining interests, and collude to block economic development. In fact, it’s often hard to decide whether the arguments and evidence assembled in this complaint are meant to serve as legal fodder or support political posturing. So I thought I would try to sort through them in a short series of posts on the CR 595 lawsuit.

There is the tiresome pretense throughout the complaint that CR 595 would serve as something other than a haul route from the Eagle Mine to the Humboldt Mill, and that the road will benefit the public as much as the mining company. While the mining company says it is committed to making do with current infrastructure, the public clearly deserves some relief: trucks hauling ore on a makeshift route from Eagle have already been involved in a few scary accidents, and it remains a question whether cars can safely share the same road, especially an icy winter road, with ore trucks trying to beat the clock. People are understandably concerned, too, about big trucks loaded with sulfide ore barreling through the city of Marquette.

The public has another cause for grievance, and it makes for some angry foot stomping in the complaint: the MCRC spent millions to prepare for EPA reviews of the CR 595 application and failed repeatedly to win approval. Both time and money were wasted, the complaint says, not due to incompetence, stubbornness or denial, but because the EPA was never going to give the Road Commission a fair hearing. It’s in this connection that the complaint tries to lay out an “anti-mining” conspiracy between the EPA and environmental activists and the indigenous community in the Great Lakes Basin, and where the arguments become specious and contorted.

In subsequent posts I’ll address some of the ways MCRC v. EPA constructs this anti-mining strawman in order to mount a political offensive; and throughout this series, I’m going to be asking whether the “anti-mining” label correctly characterizes the evidence brought by the MCRC. I think it’s fair to say from the outset that it does not accurately represent the priorities and commitments of people and groups concerned about the construction of CR 595. It’s reductive, and turns road skeptics into industry opponents. To be against this particular haul road — or hold its planners to the letter of the law — is not necessarily to pit yourself against the entire mining industry.

The anti-mining label deliberately confuses haul-road opposition with opposition to the mining industry in order to coerce people into going along with the haul road or risk losing their livelihood, or at least the jobs and economic prosperity promised when mining projects are pitched. The MCRC complaint goes even further: it conflates mining with economic development — or reduces all economic development in the region to mining — and so runs roughshod over the thoughtful arguments of people like Thomas M. Power, who has studied the ways mining can restrict and quash sustainable economic development.

The anti-mining label fences ordinary people in, distorts and exaggerates their legitimate concerns, and does not recognize that people might come to the CR 595 discussion from all different places. Most don’t arrive as members of some anti-industry coalition; they are fishermen, residents, property owners, teachers, hunters, parents, hikers, snowmobilers, birdwatchers, loggers, parishioners, kayakers, merchants, and so on. Some are many of these things all at once.

The label is fundamentally disrespectful: it refuses to meet people on their own terms and fails to ask what any of the people who oppose CR 595 actually stand for. What do they want for the area? What do they value and love? What do they envision for the future? Where do they have shared interests? Where do they have real differences? How can we work together? The anti-mining label forecloses all those questions. Instead, people are divided. The label demands that everybody take one side or the other (and, as I learned in the course of my work on 1913 Massacre, in the Upper Peninsula that demand has deep historical roots in the labor conflicts of the early twentieth century; but, no worries, in this series of posts I’ll try to stay focused on the present).

I have always had trouble with the idea that “anti-” and “pro-” mining positions should govern the way we talk about the environmental regulation of mining. I myself can easily slip into this way of talking. But as I tried to explain in an exchange on this blog with Dan Blondeau of Eagle Mine, that way of thinking impedes and short-circuits important conversations about the ethics of mining. Playing the anti-mining card reduces the questions of whether and how mining can be done responsibly — in this place, by that company, at this time — to mere pro and contra. It’s a dangerous ruse: instead of identifying risks and addressing responsibilities, it generates social conflict.

Can Mining Be Saved?

TeslaGigafactory

The Tesla Gigafactory, currently under construction in Storey County, Nevada.

Andrew Critchlow, Commodities Editor at The Telegraph, speculates in a recent article that Elon Musk and Tesla might “save the mining industry” by ushering in a new age of renewable energy. Domestic battery power production at the Tesla Gigafactory (now scheduled to go into production in 2016) is bound to create such demand for lithium, nickel and copper, Critchlow thinks, that the mining industry will find a way out of its current (price) slump and into new growth, or possibly a new supercycle.

“Major mining companies are already ‘future proofing’ their businesses for climate change by focusing more investment into commodities that will be required by the renewable energy industry,” writes Critchlow; and the “smart commodity investor” will follow suit, with investments in “leading producers” such as — this is Critchlow’s list — Freeport-McMoRan, Lundin Mining and Fortune Minerals.

It’s a credible scenario, but it’s also terribly short-sighted. The big switch over to domestic solar power and battery storage Musk is hyping in the run up to the opening of the Gigafactory would no doubt give miners a short-term boost, but it will also take a lasting toll on the places where copper and nickel are mined, raise serious human rights concerns, and put even more pressure on the world’s freshwater resources.

After all, the copper and nickel used to make Tesla’s batteries are going to come from places like the Democratic Republic of Congo, where Lundin and Freeport-McMoRan operate a joint venture at Tenke Fungurume, and which has been at the center of the recent debate in the EU parliament over conflict minerals; Peru, where protests against Southern Copper Corporation’s Tia Maria project led the government to declare a state of emergency in the province of Islay just last Friday; or the nickel and copper mining operations around Lake Superior that I’ve been following here, where there are ongoing conflicts over free, prior and informed consent, serious concerns that sulfide mining will damage freshwater ecosystems and compromise one of the largest freshwater lakes in the world, fights over haul routes, and repeated complaints of lax regulatory oversight and political corruption.

Rice farmers clash with riot police in Cocachacra, Peru. The fight is over water. (AP Photo/Martin Mejia)

These are just a few examples that come readily to mind. It wouldn’t take much effort to name others (Oyu Tolgoi, Oak Flat, Bougainville) and to see that the same problems arise, to a greater or lesser degree, no matter where copper and nickel mining — sulfide mining — is done.

The mining industry and commodities investors have historically tended to minimize and marginalize the environmental and social costs of sulfide mining; so it’s really no surprise that Critchlow should argue that increased demand by battery producers is all it will take to “save” mining. Leave it to others, I guess, to save the world.

But the supply and demand model is reductive and misleading, even for those looking to make a fast buck. A recent Harvard study of company-community conflict in the extractive sector summarized by John Ruggie in Just Business suggests just how costly conflict can be. A mining operation with start-up capital expenditures in the $3-5 billion range will suffer losses of roughly $2 million for every day of delayed production; the original study goes even further, and fixes the number at roughly $20 million per week. Miners without authentic social license to operate lose money, full stop. So Critchlow’s is at best a flawed and myopic investment strategy that ignores significant risks. It also appears to shrug off legitimate human rights claims, and turn a blind eye to environmental degradation, and deadly violence of the kind we’re seeing in Peru right now. That’s irresponsible, if not downright reprehensible.

A Macquarie Research report cited by Critchlow claims that the switch away from fossil fuels to battery power in the home is all but inevitable. But if we make the switch to renewables and fail — once again — to address the ethics of mining, what exactly will we have saved?

The Boom Starts With A Rush

Overturned Eagle Mine TruckThe news that an ore truck overturned last week on its way from Eagle Mine to Humboldt Mill brought me back to a conversation some friends and I had in the lobby of the Landmark Inn this past October. Earlier that day we’d been touring the Yellow Dog Plains on the smooth wide roads that the Marquette County Road Commission cut through the wilderness for the mining company, keeping count of the big trucks we saw. All the trucks were outfitted with double loads — two side-dump trailers worth of ore — and the ore was covered with black tarps, neatly tied down.

The ties caught my attention. I wondered how long it would be before human nature set in, and workers started getting lackadaisical about how they tied down the tarps, or stopped bothering to secure and check each tie.

I was not even thinking of anything so scientific as studies by Ludovic Moulin, which find that over sixty percent of industrial accidents can be attributed to “organizational and human factors.” I had in mind something closer to the line about the field of the slothful in Proverbs: “yet a little sleep, a little slumber, a little folding of the hands to sleep,” and disaster can ensue. Eventually, someone in the course of the day was going to shrug and say to himself, “good enough,” slacken his attention, or hurry off to a break, I thought, and things could go downhill from there. A loosely tied load might spill on the highway or on the roadside, even if the driver was taking every precaution on his route. Repeat that small human error enough times, and you have a trail of sulfide ore from the mine to the mill, running through the Yellow Dog Plains and right through the center of Marquette.

Turns out I’d failed to fully grasp the reality of the situation. I didn’t imagine at the time that the tarps used to tie down the ore on the Eagle Mine trucks would rip in the case of an accident. In this case, the tarp of the second trailer was “torn open,” according to Save the Wild UP; Yellow Dog Watershed Preserve has a photograph of the torn cover here. I was also unaware that the Michigan Department of Environmental Quality allowed these soft-cover tarps only after Eagle Mine had requested a special amendment to its permit. Hard covers would take longer to remove; with soft covers, the trucks could be more easily unloaded. Time is money.

Special amendments and exceptions seem to be the rule when it comes to Eagle. For instance, though Lundin Mining CEO Paul Conibear has repeatedly boasted to investors about the great transportation infrastructure already in place at Eagle when Lundin bought the property from Rio Tinto, the truth is that the current haul route for Eagle Mine was never part of the plan. It was a last minute concoction — an “upgrade” of roads hastily authorized by the Marquette County Road Commission. No surprise, then, that a full environmental assessment of the haul route — as required by Part 632 of the Michigan Nonferrous Metallic Mining Law — has never been made.

Last week’s accident might be yet another sign that Eagle Mine was not actually ready for prime time when Lundin announced, at the end of November, that Eagle had entered commercial production ahead of schedule. But consider things from the company’s point of view. Lundin had acquired the Candelaria copper mine from Freeport only a month earlier for $1.8 billion — taking on huge debt — and by the end of November copper prices were declining precipitously. That made it all the more urgent to start delivering nickel at Eagle. After all, analysts expect “Lundin to introduce a dividend in 2015 once its Eagle mine is ramped up.”  Pressure is mounting. The Lake Superior mining boom appears to have gotten underway in a slightly panicked rush.

A Postscript on Weird Timing and Pending Collapse

Since I wrote my last post on Eagle Mine, I’ve been thinking about the thing I most wanted to say and never managed to say. I’d hoped in that post to call attention to the weird timing of Conibear’s announcement, but I couldn’t quite figure out how to do that. The company announced the start of mining operations in the Yellow Dog Plains right in the wake of the People’s Climate March, and during a week when world leaders were gathered at the UN to discuss the global climate crisis and acknowledge the fragile condition of the biosphere.

The Eagle announcement never takes any of that into account. It makes some predictable noises about environmental responsibility. You don’t have to listen very hard to hear the dissonance.

Hands up during the 12:58 moment of silence at the People's Climate March. Just before this, a group led a chant that went something like: "Keep the tar sands in the ground / Close the mines and shut them down." Other than that I didn't hear too much talk about mining at the march.

Hands up during the 12:58 moment of silence at the People’s Climate March. Just before this, a group led a chant that went something like: “Keep the tar sands in the ground / Close the mines and shut them down.” Other than that I didn’t hear too much talk about mining at the march.

That this mining operation poses an immediate threat to the Yellow Dog watershed hardly needs saying. As I mentioned in my last post, Lundin Mining cannot point to a nickel and copper mining operation in the U.S. or Canada that has not polluted groundwater or surrounding waters, and there is no reason to believe that Eagle will be the magical exception — despite the company’s claims that the water they are discharging is drinkable. No one who makes that statement should be taken seriously, let alone believed, unless he follows it with a nice big glass of minewater, and fetches one for the kids while he’s at it.

Eagle is just the start. The bigger mining, leasing and exploration boom all around Lake Superior only magnifies the threat. One of the busiest mining operations in the world is about to be staged around one of the largest freshwater lakes in the world. The timing couldn’t be worse. Freshwater ecosystems are under greater pressure than ever before. Just this week, the Living Planet Index reported a 76 percent decline in freshwater species since 1970. That alarming statistic is one very clear indication of pending environmental collapse, and reason enough to protect Lake Superior from any further encroachments by risky mining operations.

It’s disconcerting, too, that the new mining around Lake Superior was spurred, in no small part, by Chinese growth and urbanization, which put a new premium on copper and nickel; and of course urbanization in China — which starts with pouring cement and raising stainless steel — will only aggravate emissions, further compromise China’s freshwater resources, and hasten environmental collapse. It is hard to see how this can end well, and it’s difficult for me to understand why anyone would pretend it is sustainable.

The weirdest twist in all this may be that this new mining operation goes into production just as China appears to be slowing down, after two decades of heady growth. As a result, “money managers are bearish on copper,” reports Bloomberg’s Luzi Ann Javier in a review of commodity ETFs; and “global inventories of nickel tracked by the London Metal Exchange are at an all-time high.” There is a glut. The warehouses are full. Right now, at least, it looks as if the rush is over.

Mine? What Mine?

Haul road construction for Eagle Mine has already polluted the Salmon Trout River, but unless you’ve been following the Eagle Mine story closely you wouldn’t know that after reading in the local paper about this minor disaster: a road crew’s accidental “exposure” — or rupture — of a perched groundwater seep. “Dirty Roadside Runoff,” by John Pepin, a Marquette Mining Journal staff writer, never once mentions Eagle Mine or Eagle’s parent company, Lundin Mining. Pepin is scrupulous at least in this regard: he keeps the mining company clean.

(The Mining Journal is available online to subscribers only, but you can read it on a phone or tablet if you download the paper’s free app).

The front page item sidesteps any mention of Eagle, laying the “unlawful discharge of sediment and turbid water to a wetland ravine” — which violates the Natural Resources and Environmental Protection Act — at the feet of the Marquette County Road Commission. The Michigan DEQ sent a violation notice directly to the Road Commission on August 4th; to date, so far as I can tell, Lundin Mining and Eagle Mine were not put on notice either by the DEQ or the EPA. Nor, it seems, will the local press hold the mining company accountable. Instead, the Journal seems to have taken pains to keep the company’s name out of the dirt, and keep the reading public in denial. (Those looking for a more honest and more informative account will find it here, on the Yellow Dog Watershed Preserve’s site).

Yellow Dog Watershed Preserve's site features this photo -- data August 6th -- and other photos of the perched seep's destruction.

Yellow Dog Watershed Preserve’s site features this photo — dated August 6th — and other photos of the perched seep’s destruction.

Let’s be clear. The Road Commission has undertaken this “upgrade” of County Road AAA for the mining company; there is no other reason for the work, and no other reason to advertise the work as an upgrade except to pretend that the Eagle Mine haul route will benefit the public in some way. The truth could have been stated in a single sentence: Lundin will be the primary if not the sole beneficiary of the road work on the AAA.

Pepin’s article never comes close to stating that one simple fact, and never even hints at the controversy over the haul route that led to this disaster. But this is about more than shoddy journalism or what might even be a case of corporate capture at the editorial offices of the Mining Journal.

As Lundin prepares to bring Eagle online, and as the mining boom proceeds all around Lake Superior, clear lines of accountability are critical — and need to be carefully drawn. Big miners continue to “de-diversify” and juniors are trying to scale up: in the turmoil, we’ve seen mine properties around Lake Superior flipped (e.g., Copperwood, or Eagle itself); others, like Twin Metals, thrown into limbo; and who can tell what effects Lundin’s big South American acquisition of Freeport’s Candelaria (in partnership with Franco-Nevada) will have in this northern district?

In a situation like this, where ownership stakes are changing hands and companies are exerting undue influence over public officials, accountability can get blurry and responsibilities neglected. The last thing we need — when the future of Lake Superior itself is at stake — is a compliant and servile press adding to the confusion.

A World of Chinese Boxes

“Total use for greater wealth.” That was the triumphant banner under which the newly formed Bureau of Reclamation would parcel out and industrialize the water resources of the western United States at the beginning of the twentieth century. Now, as we are forced to appreciate just how scarce and precious freshwater and other resources really are, and as industrial civilization itself verges on collapse, it reads more like a fool’s epitaph.

We are, of course, still in the grip of the old industrial-era logic. I see it clearly in the arguments advanced in support of Lake Superior mining. When not pushing the jobs argument — or when an economist like Thomas Power calls their bluff — mining industry proponents and apologists regularly appeal to the utility (and the necessity) of mining around Lake Superior.

“These minerals,” one Michigan labor leader explained to me, “are gonna be extracted at some time. They have to be,” he continued, because they are “important for a lot of uses.” An imperative, mining carries certain duties with it: “The world needs the minerals” of the UP, he went on to explain, “and I think we have a responsibility to develop it right, extract it right, and share it.”

At least he acknowledges that the ore extracted from Lake Superior mining operations is destined for international markets. On the Public Television show Almanac a couple of months ago, at the start of the comment period on the Polymet EIS, Executive Director of Mining Minnesota Frank Ongaro asked us to pretend that mining Minnesota “copper, nickel, platinum” would somehow make us less “import-dependent” on those metals “for everything we use, every day in our life.” That was pure jingoism, and these arguments are misleading.

Just consider the news lately around the falling price of copper, which hit an eight-month low last week. The biggest story by far has to do less with slowing Chinese demand for manufacturing and building, and more with the “use” to which copper imports are now put by Chinese players in the commodities market. According to a Reuters story focusing on these “secretive” Chinese funds, “traders estimate more than half of copper imports into China were to raise funds using the metal as collateral over the past two years.” In a tweet that Aaron Klemz shared with me, CNBC’s Deirdre Wang Morris said it was more like sixty to eighty percent of all Chinese copper imports that were being “used as loan collateral.”

A March 13 Reuters article on the last week’s sell-off of copper by Polly Yam, Fayen Wong and Melanie Burton quotes “traders who structure financing deals” saying that “the selling of copper was due to speculators not breaches of financing deals. ‘Speculators are the main driver.'” I suppose that’s meant to be reassuring.

In a typical copper financing deal, an importer puts down nearly the full value of the copper in yuan as a deposit to a bank for a letter of credit.
The importer resells the copper into the domestic market to raise cash that can be used for other investments such as real estate.
The importer can also strike a hedged deal where the metal is stored in a bonded [or LME] warehouse in China or overseas in return for a loan from a foreign bank. In both cases, the importers no longer are exposed to the copper price.

And in all cases, copper — mined everywhere at great risk to water, watersheds, wetlands and the surrounding environment — is not being put to anything like the productive uses that most people imagine, or mining companies promote. From this angle, Polymet looks like Glencore’s bid to bring Minnesota into a Chinese collateral game. Things get even weirder when you consider the case of Eagle Mine in Michigan, where Lundin Mining has secured a $600 million credit facility to mine Lake Superior copper that will ship to LME warehouses owned by big commodity players and banks, and then serve as an object of financial speculation or as collateral in return for loans. It’s a world of Chinese nested boxes: credit swaps and derivatives will be spun around loans to mine copper to back loans in a huge urbanization scheme designed to move the Chinese toward a consumer society — and so on. It’s an unsustainable scheme, and after last week some analysts believe it’s already unraveling.

Orwell wrote in the industrial era about the critical role of mining in the “metabolism” of civilization. Now, in our post-industrial world, it appears that new mining will only hasten the cancer of financialization.

Update, 19 March 2014: For more on this theme, see Tyler Durden’s discussion of copper and “hot money” flows into China, here and here

A Reply to Dan Blondeau

When I sat down to reply to a comment from Dan Blondeau of Eagle Mine on my Mining Renaissance post, I found that I’d written what is, essentially, a new post. So I’m running my reply here instead of in the comments thread.

Here is Dan’s comment:

Louis and others commenting here – is there any way you would support mining anywhere? I highly doubt it. Large, long-life deposits are few and far between now. Smaller projects such as Eagle, Polymet and so on are becoming the typical scale of mining. Instead of just bashing the industry and focusing on events that happened decades ago, perhaps you could take a more positive and collaborative approach to your concerns. Thank you

Here’s my reply:

I take it that by “events that happened decades ago,” you are referring to the story told in my film 1913 Massacre. That story from what you correctly characterize as a bygone era of mining first drew me to the Upper Peninsula, and it would be dishonest or disingenuous to say that it doesn’t still color my thinking. But since completing that project I’ve tried to stay focused on what’s happening in the area now.

At the same time, the unresolved past and the present are not so easily kept apart. For example, the conversation after our screening of 1913 Massacre at the DeVos Art Museum last October went almost directly and without any prompting to the new mining up around Big Bay and across the Peninsula. I believe the film resonates with people in the UP (and in other parts of the country) not just because the immigrant experience it documents is the quintessential American experience, but also because the basic questions it raises are still very much alive today.

That aside, I am not sure why you read me as “bashing the industry” here. My post focused on sloppy and hopelessly compromised journalism. I don’t think of mining as something I would “support” or not support.  It would never occur to me to put it that way, and I’m not for or against mining per se. In some of my posts, especially those on Shefa Siegel’s work, I try to acknowledge mining’s crucial role in what Orwell calls “the metabolism of civilization”; and I’m trying to understand how bigger changes in the commodities markets and the global economic picture are driving the new mining around Lake Superior. But I also think it’s important to appreciate the real risks and the potential cost of copper and nickel mining operations in the Lake Superior watershed, and to question whether it really will create lasting prosperity for the UP or the Lake Superior region. Those are (for me) the big issues the new mining raises, and I think they are issues that any honest conversation about mining (or the development that mining brings) needs to take into account.

As I tried to suggest in my post, Kocazek just ignores them, and I wondered why she didn’t try to take them on – especially since she writes for a publication dedicated to water issues. And not just any publication: Circle of Blue, which was founded by J. Carl Ganter (who served as vice-chairman of the World Economic Forum Global Agenda Council on Water Security) and which has ties to – it is a “non-profit affiliate” of – the prestigious Pacific Institute.

As for taking “a more positive and collaborative approach,” I am all for it, or at least I am all for genuine collaboration. I don’t really know what a “positive…approach” would entail in this case apart from boosterism. As I say, I don’t consider myself a mining booster or a mining basher, but an observer, still (and no doubt always) an outsider, despite my many trips to the UP, exploring a place and trying my best to document what’s happening there. I’m open to having my views challenged and being shown where I am wrong or where there’s a better way to talk about or do things. (And for that reason I appreciate you taking the time to comment here.) I don’t think there can be any collaboration unless each party is willing and able to listen and – this is important – ready to yield to the other. In other words, listening goes beyond making concessions to the other in conversation: it means doing things differently in response to the other’s demands. (This is a theme I’ve been exploring in my posts on The Power of Asking, and one that I come up against over and over again when I write about mining issues.)

Am I often critical of what mining companies are doing in the UP and around Lake Superior? Sure, and I am troubled, as well, by the almost hubristic level of confidence the mining industry places in technology and engineering, even in the face of disasters like the Bingham Canyon collapse; its worrisome record on environmental and human rights issues nearly everywhere in the world mining is done; and the power and distorting influence it exerts on politicians and public debate – in the UP and elsewhere.

I still think there’s plenty of opportunity for collaboration and dialogue. If I did not, I would just call it quits; but giving up on dialogue is tantamount to giving up on people. In the area of human rights, for instance, I believe there’s still opportunity for collaboration around the Ruggie principles (despite the doubts I’ve expressed about them) and – in the Lake Superior region – around the United Nations Declaration on Indigenous Rights. Both frameworks (as well as the work done by the Lake Superior Binational Forum on Responsible Mining in the Lake Superior Basin) are decent places to start enumerating in a serious way the responsibilities and obligations that mining companies have in a region where human rights concerns and freshwater issues are intertwined.

In fact, I think genuine and ongoing collaboration on these efforts is essential, because I don’t think the mining industry can do it alone, or is the appropriate party to set the agenda here.

A Mining Renaissance?

On the Almanac program I discussed in yesterday’s post, Kathryn Hoffman cited “42 exceedances of water quality standards” at Eagle Mine to make the point that reverse-osmosis technology isn’t as effective as mining proponents in Minnesota make it out to be. I was expecting some rundown of those exceedances in Codi Kozacek’s January 8th article about Eagle Mine on Circle of Blue; but Kozacek focuses, instead, on the Eagle Mine water-monitoring agreement Rio Tinto struck with Superior Watershed Partnership and Land Trust two years ago.

It’s not hard to see why. Kozacek seems to have traveled from Hawaii (where she’s based) to the UP to do some interviews and take some photographs: it appears she was there in summertime. But so far as I can tell she’s based her article on a “case study” jointly commissioned by Rio Tinto and the Superior Watershed Partnership, a piece of bespoke research entitled Unity of Place: Giving Birth to Community Environmental Monitoring.

In fact, the opening of Kozacek’s article documenting – or should I say celebrating? — this “unprecedented” water-monitoring agreement seems to be nothing more than a loose paraphrase of that publication, which tells the story of how the community around Eagle Mine gained “a measure of power over the mine. And it was Rio Tinto that gave it to them.”

Leave aside for the moment the preposterous idea that that power was Rio Tinto’s to give in the first place: the Unity of Place case study simply asks us to accept that business can and will decide the power society has over it, and Kozacek seems untroubled by the notion. That Rio Tinto sold Eagle Mine to Lundin Mining after descending from the heights to strike this unprecedented power-sharing agreement with the little people living around the mine does not give her pause, or raise questions about the mining giant’s good faith or much-touted commitment to the community around Eagle; and Kozacek only gets around to mentioning the sale to Lundin 28 paragraphs into her 34-paragraph story.

For the sake of balance, she includes a couple of interviews with “skeptics,” people who remain, to this day, distrustful of the water monitoring agreement but express the hope that it will have some good effect. She mentions the uranium leakage discovered at Eagle last year, which she offers as proof of the success of the program in alerting “the public to potential water quality threats,” quoting the Superior Watershed Partnership’s Jerry Maynard (who is also featured prominently in Unity of Place): the monitoring program, he says, “is gaining the trust and respect of the community….We want this to get out there—we want other mining communities to say ‘we want this too.’” But she fails to mention any other exceedances or violations – I guess she missed that episode of Almanac before filing her story — and apparently didn’t bother looking into the new water story now unfolding around Eagle Mine: the renewal of the mine’s groundwater discharge permit. (Michele Bourdieu has that story over at Keweenaw Now.)

My guess is that Kozacek is unfazed by any of these questions and complications, because the real story she wants to tell here is the story of a mining “renaissance”: she uses the word a few times in her article, once as a header and then twice in the body:

The Eagle Mine is viewed as either on the leading edge or the troubling future of a mining renaissance in Michigan’s Upper Peninsula, a region that has seen more mining bust than boom in the past 50 years. Just as in the oil and gas industry, improvements in mining technology are making previously overlooked ore bodies economically attractive. Rapidly developing countries, particularly China and Brazil, are driving demand for iron, copper, nickel, silver, and gold.

But many of the once booming mine communities in the U.P. and northern Wisconsin, operating with a fraction of their historical populations and downtowns darkened by empty storefronts, are eager for a mining renaissance.

Not a return of mining. Not a re-opening of the mines. Not a new mineral leasing, exploration and mining boom (which would have to be followed by yet another bust). A mining renaissance. It’s an odd word for someone writing about water issues to choose. I wonder if the ungainly use of the word “birth” in the subtitle of the Rio Tinto-Superior Watershed case study inspired Kozacek here: with the “Birth” of “Community Environmental Monitoring” advertised on the cover and on every recto page of that pamphlet, why not imagine a rebirth – and wouldn’t the word “renaissance” be so much more elegant? – of mining?

MinersAtVillanders

Renaissance miners, in the early 16th-century stained glass window of the Villanders parish church.

It’s at best an ugly parody of historical discourse, but I take it that it’s intended to give the new mining around Lake Superior a historical stature that it would otherwise seem to lack. In the second of the two paragraphs I’ve quoted here, Kozacek even imagines the area longing to emerge from a kind of Dark Age, or at least “darkened” downtowns, into renewed prosperity.

But in the first of those paragraphs, I must admit, she does a pretty good job of spelling things out. New extractive technologies have made it not only possible but “economically attractive” (read: highly profitable) for large multinational players to mine previously neglected or abandoned ore deposits, extract oil from tar sands and drill for natural gas by fracking. Chinese urbanization and rapid development in the BRIC countries continue to drive and raise demand for minerals and fossil fuels, as economic power shifts away from developed, Western economies.

Communities in the Upper Peninsula and all around Lake Superior are now feeling the pressures of these bigger changes. Whether they will bring renewal — or more boom and bust, or just catastrophic demise – is another question altogether.

The Times Correction of Jim Harrison’s “My Upper Peninsula” Falls Short In Three Ways

The Travel section of the November 29th edition of the New York Times featured an article by Jim Harrison about traveling Michigan’s Upper Peninsula called “My Upper Peninsula.” It turns out Harrison’s Upper Peninsula is a place more fondly remembered than accurately observed, and the Times has had to make a number of corrections to his piece.

Probably the most egregious error in the original piece comes just a few paragraphs in, where Harrison explains to prospective travelers to the UP that “you can drink the water directly from Lake Superior,” as he himself used to do on his “long beach walks.” The water of Lake Superior is clean, he wrote in that first version, because “there is little or no industry, and all of the mines are closed.”

I was probably not the only person to send a letter to the editors reminding them that some UP mines are still open and that the Times itself had published a report, in May of 2012, on the new mining boom in the Upper Peninsula. My letter went on to say that the new sulfide mining (the mining of nickel and copper) along with new gold and uranium mining projects in the UP — and all around Lake Superior — pose a very serious risk to the big freshwater lake.

Just one project, the Polymet mine near Hoyt Lakes, Minnesota, will require water pollution treatment for a minimum of 500 years.

Last week, the Times published this correction:

Correction: December 4, 2013
An earlier version of this article misstated the state of mining in the Upper Peninsula; there are indeed some mines operating in the area — it is not true that all the mines are closed.

The passage about long beach walks now reads:

While camping I would study maps to try to figure out where I was other than within a cloud of mosquitoes and black flies, that irritating species that depends on clean water, of which there is a great deal in the U.P. There is little or no industry; therefore you could drink the water directly from Lake Superior — at least I always did on my long beach walks.

This new version tries to skirt the issue by consigning it to the past. Where Harrison originally wrote “you can drink,” now we are told “you could drink” the water. There is still “a great deal” of clean water in the UP, but this version takes refuge in “at least I always did,” to qualify the drinking. It could all have been a mistake.

But this correction doesn’t do the trick, for at least three reasons.

First, it doesn’t even come close to capturing what’s really going on these days. We still have no no reference to the Times original report on the boom. “It is not true that all the mines are closed” is a far cry from “many new mines are opening, and there is a mining and leasing boom” – which is a lot closer to the what the Times reported in 2012 and a lot closer to the facts: just look at the map of Lake Superior Mines, Mineral Exploration and Mineral Leasing published by the Great Lakes Indian Fish and Wildlife Commission. The problem here is only compounded by a couple of sentences near the end of the Harrison piece, which the editors let stand: “It’s not easy to cheerlead for the Upper Peninsula now after the extractive logging and mining. That bleakness is now mostly overgrown by forests except for a few slag piles.” Overgrown? Simply put, the bleakness that Harrison buries in the past is coming back to the UP.

Second – and this is a curious oversight for the Travel section – the new mining is going to endanger, or at least dramatically change, UP tourism, which is in large part about unimpeded access to wilderness areas and especially the freshwater wilderness of Lake Superior. Though tourism has been a growing sector of the UP economy, on its own it’s hardly enough to sustain the region (or any region for that matter). Mining proponents are usually quick to point this out. Most are very careful to say that they “don’t go around tearing down the tourism industry,” as one UP labor leader put it to me. Some are openly scornful of the contribution tourism makes to the regional economy. All acknowledge, as Harrison himself acknowledges, a tension between extractive industry and tourism; and doesn’t that tension belong at the center of any article about traveling to the UP?

Third, the corrected paragraph now makes very little sense. The editors have chosen to omit Harrison’s earlier statements about the disappearance of mining and recognize, in their correction, “some mines operating” in the Upper Peninsula. The paragraph about long beach walks simply states that “there is little or no industry” in the UP. I am not sure what this is supposed to mean: I guess “some” is supposed to be the equivalent of “little” or “none,” or mining doesn’t count as an industry. Be that as it may, the larger omission here has to do with the industrialization the new mining has already brought – the drilling, clear cutting, haul roads, and mine construction already underway are just the start — and how that will add to mounting industrial pressures on the lake: for example, the plan put forward by Enbridge to build a network of oil pipelines carrying diluted bitumen across the Great Lakes region, and to transport crude oil by barge across Lake Superior.

I realize, of course, that none of these observations are likely to find a place in the Travel section. Readers go there to encounter a world where nature is picturesque, and history and culture are placed on quaint and colorful exhibition. Advertisers count on it. The Travel section presents an exotic world, in the most literal sense, a world outside ordinary lived experience, fully exteriorized, a fantasy of escape. I suppose readers should look elsewhere in the paper of record to correct that impression, and to see the world as it really is.