KBIC expresses "delight" yet "disappointment" with Judge's decision on Eagle Rock

BARAGA -- Susan J. LaFernier, vice-president of the Keweenaw Bay Indian Community (KBIC), announced today, Sept. 16, 2009, that KBIC was "delighted" that Administrative Law Judge Richard Patterson ruled it was necessary for Kennecott Mining Company to protect Eagle Rock as a traditional place of worship. However, she added disappointment with his decision to uphold mining and ground water permits previously approved for Kennecott by the Michigan Department of Environmental Quality (MDEQ) -- since the mine is expected to have potential adverse effects on the environment.

Susan LaFernier, KBIC vice-president, addresses the crowd at Eagle Rock during the Protect the Earth event on Aug. 2, 2009. Behind her are co-organizers Teresa Bertossi of Save the Wild UP and (hidden behind LaFernier) Emily Whittaker, executive director of the Yellow Dog Watershed Preserve. At left is musician Victor McManemy. (File photo © 2009 and courtesy Gabriel Caplett)

"The Keweenaw Bay Indian Community was delighted that Administrative Law Judge Patterson decided that it was necessary for Kennecott Mining Company to protect Eagle Rock from the adverse effects that would be caused to our traditional place of worship by Kennecott’s proposed fencing, dynamite blasting and tunneling in and around Eagle Rock and very much hope that (MDEQ) Director Chester will uphold that decision," LaFernier said.

Judge Patterson recently issued a Proposed Decision regarding the mining permit and ground water permit that Kennecott has requested from the Michigan Department of Environmental Quality. Judge Patterson held that "the excavation and drilling in the immediate area of Eagle Rock and fencing it off will materially affect its use as a place of worship. This should in some manner be accommodated, and would best be done so by relocating the access to the mine to a location that will not interfere with that function." Judge Patterson’s proposal for decision has been submitted to MDEQ Director Steven Chester for a final decision on numerous environmental issues concerning the permits requested by Kennecott.*

"Members of our Community and other tribes have used Eagle Rock, which we know as Migi zii wa sin, as a traditional cultural place of worship for many, many generations; and members of our Community testified at the hearing before Judge Paterson about how the proposed construction and operation of the mine would adversely affect our sacred Migi zii wa sin, so we were very satisfied with that part of Judge Patterson’s decision," stated LaFernier.

View from the top of Eagle Rock, a sacred site and traditional place of worship for Ojibwe peoples. (Keweenaw Now file photo)

"We were very disappointed, however, with Judge Patterson’s ruling on the environmental issues associated with the mining and ground water permits," she continued. "We have stated over and over during the past five years, to both state and federal agencies and to Rio Tinto, our numerous concerns about sulfide mining in general and, in particular, the adverse effect the Kennecott mine will have on the environment and natural resources in the Yellow Dog Plains. We have stated that we intend to preserve our land, water, air and natural resources within our Ceded Territory and also our treaty rights to hunt, fish, and gather that we reserved in the 1842 Treaty with the United States."

LaFernier also noted the judge's decision did not address long-term effects of sulfide mining on the environment and human health.

"We have major concerns about the long and adverse effects the mine will have on ground water and human health that were not addressed by Judge Patterson’s decision. The MDEQ mining review team did not apply the critical standard of the law which states that the company must prove it will not pollute, impair, or destroy natural resources and Judge Patterson did not correct those errors in his decision. We will be asking that Director Chester reverse these errors to protect the environment and natural resources of the Yellow Dog Plains," LaFernier said.

“We recognize that our area is economically depressed, especially Baraga County; and we want all people to be able to continue to live where they can survive and be happy, but we must also recognize that the temporary gains that may be produced by the proposed mining activities are far outweighed by the potential for permanent and severe damage to the environment in and around the Tribe’s ceded territory and Reservation. Many times in the past we have all turned our heads to the damage to the environment that has been caused by previous mining operations over the past 160 years, such as Keweenaw and Huron bays, Torch Lake, Portage Lake in downtown Hancock, and the Humboldt Mill site.

"The federal government, Indian Tribes and the states adjoining the Great Lakes are already in the process of spending millions and probably billions of dollars to 'cleanup' the lakes as a result of past environmental 'mistakes.' When will we learn that many of our actions will cause adverse affects on the environment and natural resources of our respective communities? Let us all share the responsibility and privilege to care for the Earth and not make any more environmental 'mistakes' so that we will continue to keep our Upper Peninsula the special place it is," LaFernier concluded.

*Editor's Notes: See our Aug. 19, 2009, article, "Updated: Judge upholds DEQ permits for mine, recommending protection for Eagle Rock."

See also our two articles on the Aug. 1-2 Protect the Earth event in Marquette, including the Walk to Eagle Rock -- Protect the Earth 2009: Part 1 and Protect the Earth Part 2: Walk to Eagle Rock.