Michigan LCV: The changing climate of climate change

From Michigan League of Conservation Voters
Posted on their Political Week in Review April 2, 2012

The legislature is on a two-week Spring Break, but while they're soaking up the sun, we're talking about climate change. Frankly, a break from some of the legislation that has been coming out of Lansing recently is pretty welcome on our side of things, too!

Americans are increasingly aware and concerned about climate change and, according to a prominent retired U.S. Navy admiral who testified in Lansing last week, it is with good reason. Fortunately, there are solutions. The EPA issued a historic set of carbon emission rules this week. Meanwhile cities like Grand Rapids are improving transportation options for their citizens while simultaneously cutting down on carbon emissions. Read more on Michigan LCV's Political Week in Review ...

Updated: Stand for the Land: Rio Tinto continues push for wilderness haul road

This map, displayed at the Sept. 19, 2011, Marquette County Road Commission meeting, shows the two possible haul routes for the Rio Tinto / Kennecott Eagle Mine. The red north-south route is an approximate projection of the proposed County Road 595, which would have ecological impacts, especially on wetlands. The longer route, in black, would use present roads: the Triple A Road (heading east from the mine site), CR 510, CR 550, and US 41 (heading west) to the Humboldt processing mill. Click on map for larger version. (Photo of map by Keweenaw Now)

From Stand for the Land
Posted Feb. 10, 2012
Reprinted with permission.

MARQUETTE -- Marquette County Engineer-Manager Jim Iwanicki scheduled meetings this week with staff from the offices of US Rep. Dan Benishek, US Senators Debbie Stabenow and Carl Levin, and Governor Rick Snyder.*

The purpose of his visit, as reported in the Marquette Mining Journal, was to make sure the lawmakers were "up to date" and to "provide them with any information they might need and ensure the road commission is doing everything it needs to do."

Michigan’s state legislators have passed several key laws recently that will benefit extractive industry in the State:

Road commissions and the Michigan Department of Transportation are now exempt from mitigation permit requirements for work within existing road right-of-ways.

Local government zoning ordinances may no longer prohibit the extraction, by mining, of valuable natural resources unless "very serious" environmental consequences would result.

The process for granting easements across state land has been revised, and it is now mandatory to grant an easement if certain conditions are met, primarily if it isn’t an "environmentally sensitive" area.

State regulatory officials, including DNR Director Rodney Stokes, are helping things along, also.

According to a Michigan Association of Timbermen May 2011 legislative update, "Michigan’s new director of the Department of Natural Resources (DNR) has stated on numerous occasions that he is reaching out to the state’s timber, oil/gas and mining industries to see if there are any state rules that create a hindrance toward them doing business in Michigan."

And Governor Snyder has made it clear that UP timber and mining offer key opportunities for filling Michigan’s coffers -- which leads us back to Kennecott’s haul road.

Never mind that a nearly identical route was submitted in 2009 and subsequently rejected by both state and federal regulators primarily due to adverse effects on wetlands.**

Kennecott’s parent company, Rio Tinto, in their arrogance, expects to get what they want.

The DEQ (Michigan Department of Environmental Quality) will hold a public hearing on the CR 595 proposal from 6 p.m. - 9 p.m. Tuesday, Feb. 21, at the Country Village Banquet and Conference Center in Ishpeming, Michigan. Concerned citizens may submit comments, both oral and written. Click here for more information.

Click here to read Big Bay resident Carla Champagne's letter,"Purpose is to haul."

Editor's Notes:

* In response to our inquiries on the Road Commission meetings in Washington this week, Keweenaw Now received this statement from Tara Andringa, Sen. Levin's press secretary, on Thursday, Feb. 9: "Senator Levin’s staff met today with members of the Marquette County Road Commission at the commission’s request. Among the topics discussed was the proposed County Road 595 project. Senator Levin’s office has heard from parties on both sides of this issue. At this stage in the process, the Michigan Department of Environmental Quality is the lead agency considering the project. MDEQ will hold a public hearing on February 21 where members of the public can register their opinions, and Senator Levin will monitor that process."

Ms. Andringa added later, "The staff has had communications with EPA on it."

** For background on the wetlands issue and the original role of the EPA in regulating this road, see Gabriel Caplett's March 11, 2011 article, "EPA to Respond to Levin, Stabenow’s Rio Tinto Road Request," in Headwaters News.

Update: See Gabriel Caplett's Feb. 12, 2012, letter to the editor, "Digging for truth," in today's Marquette Mining Journal.

Visit SavetheWildUP.org for important information and links concerning this road issue.

Visit the Marquette County Road Commission Web site for links to the permit application to the DEQ for County Road 595.

Opinion: Elected officials ignore potential health threats, cleanup costs from mining

By Margaret Comfort*

Recently, I received a tear-off flyer from a Michigan legislator, requesting that I "check off the issues that interest you": a. Social Security, b. Tax Reform, c. Second Amendment, d. Medicare, e. Economy and Jobs, f. Border Security.

My number one choice, "Environment and Clean Water," was not on his list.

If we do not include "Environment and Clean Water" in the top six, we will make little progress on "Economy and Jobs," "Social Security," and "Medicare." I question the wisdom of our current elected public servants' hell-bent obsession to board the run-away train for another "mining boom." It'll be a boom alright -- a boom right in the 'ol noggin. Some will get jobs for a few years, maybe even 10 years. But then what? Of course, these so-called public servants will be long out of office by then (hopefully sooner).

But why should they worry? Let the working man deal with it -- just like when greedy corporate executives sold off our manufacturing base and auto industry to other nations, where items could be produced cheaper (i.e., more money in the pockets of the big-whigs) and we were left standing in the unemployment line.

Ready for another round? Ready to sign up to be the third-world "colony" yet again?

Mining is inherently unsustainable. Minerals are NOT renewable. Any temporary gain (in terms of jobs) will serve only as a temporary stop-gap measure. Although some fortunate folks will jump for joy with that good-paying job, what are we going to do when the pot is empty? Furthermore, the potential for damage to the environment and our "new gold" (water -- soon to be more precious than gold) far outweighs the temporary economic benefits such industry will bring.

This is NOT grandpa's type of mining. This is sulfide hard-rock acid-mine-drainage (AMD) polluting mining. This pollution is difficult, if not impossible, to clean up. Do you want to drink it? What, no health insurance after you lost that temporary job? Well -- now that you are sick -- prove it. Prove that you were poisoned.

Good luck.

When concern is voiced to a legislator or public official, the Chatty-Cathy answer is: "Michigan has the toughest mining laws in the nation" and "well, our regulatory agencies are on top of it." No, we don't and, no, they aren't.

In fact, Michigan's non-ferrous mining law, known as part 632, has plenty of loop-holes. Companies are only required to conduct an in-house EIA (environmental impact assessment). No independent study is required. If a company is able to by-pass (skirt around the Spirit of the Law) the Clean Water Act, then its waste water only has to meet "safe drinking-water standards," which may not support aquatic resources such as juvenile fish. Many existing waters in our beloved U.P. far exceed this "standard." Would not it behoove us to promote legislation to safeguard the purity with which we are blessed?

Furthermore, the DEQ itself has admitted that it doesn't have the staff, financial resources, or technical expertise to do the job. The EPA, the Clean Water Act, the Clean Air Act are currently on the chopping block. Various entities are trying to decimate them.

It would also behoove us to inquire whether any of these multinational corporations (be it Kennecott, Orvana, HudBay, Aquila, others) intends to extract, if discovered, URANIUM. Let us recall the horrors suffered by thousands of Navajo -- genetic mutations, birth defects. The legacy goes on and on.

The western world's so-called magic bullet (our savior, technology) still hasn't cleaned up the water eminating from the Midnight Mine on the Spokane Tribe Reservation, the AMD from the Buck and Dober iron mines in Iron County, nor the dioxin-laced Tittabawassee River downstream from Midland. Our magnificent state already has plenty of Superfund sites and brownfields to go around. We do not need to create any more; nor do we need to try and mask or greenwash the ones we already have.

Disturbingly, there is increasing intelligence data indicating these multinationals may intend to do just that: find a way to extract economically viable quantities of uranium compound from these ore bodies. Has triuranium octoxide been discovered in your neighborhood? near your camp? near your favourite fishing hole? near our beloved Lake Superior or Lake Michigan?

Get smart. Get informed! What are the chemical compositions of a representative sample of the company's drilled cores? Does the DEQ know? Shouldn't the DEQ know? They are supposed to be the regulatory agency! Such information should NOT be deemed a "company secret."

Furthermore, if corporations stand to profit BILLIONS from these "projects," would not it behoove the state of Michigan to demand a fair share of the pie? Shouldn't we DEMAND adequate financial assurance from the parent corporations (not just from their subsidiaries)? They must have a very strong incentive to do their utmost to not leave us and future generations of Michiganders with a big mess and a big bill. We are so hopelessly desperate right now that we foolishly settle for a few measley ten-twenty million rather than hundreds of millions in assurance.

A messy clean-up could end up costing millions per day.

Who is going to insure US -- the citizens of Michigan? What is the legal liability to us, the taxpayer? Have you, citizen, considered this? Remember: hindsight is 20/20. Turn on your brain, open your mouth, ask questions and demand answers. Do NOT settle for mediocrity. The corporation is hoping you will. Fool them! Wake up and smell the coffee!

While well-greased, politically savvy, and slick multinational corporations wine and dine our public servants, become their good buddies, and are deemed "stakeholders" to our regulatory agencies and departments, we, the EVERLASTING TRUE STAKEHOLDERS of the land and water, can't even get an answer to our questions -- nor can we get our elected officials to think, probe, and examine!

Our elected officials owe it to the People of the great State of Michigan to examine the facts, point out and question deficiencies, demand appropriate a priori financial assurances, and promote the development of a sustainable future for all citizens.

Wake up Michiganders! Demand it!

*Margaret Comfort, author of this article, is a resident of Marquette County.

At Houghton Town Hall meeting local elected officials attack federal regulation of gas drilling, mining

By Michele Bourdieu

State Sen. Tom Casperson (left, standing) and State Rep. Matt Huuki address a mostly supportive crowd at the April 23 Town Hall meeting held in Michigan Tech’s Isle Royale Ballroom in the Memorial Union. (Photo by Keweenaw Now)

HOUGHTON -- The Town Hall meeting with State Senator Tom Casperson (R-Escanaba) and State Representative Matt Huuki (R-Atlantic Mine) on Saturday, April 23, at Michigan Tech began with a discussion on budget cuts, the need for jobs and tax base, and proposed development of natural resources -- which led to criticism of federal regulation to protect those resources.

Casperson appeared to be sympathetic in his answer to a question by a special education teacher on Medicaid cuts affecting wheel chairs for severely impaired students and people in nursing homes, saying he would be willing to bring a wheel chair up north himself if the issue weren't complicated by the need for it to be fitted to the user.

"I'm going to go to the appropriations chair in the Senate, and I'm going to bring that up with them," he said.

State Sen. Tom Casperson, left, answers a question from the audience at the April 23 Town Hall meeting at Michigan Tech. Casperson and Rep. Matt Huuki, right, took turns answering questions. (Photo © 2011 and courtesy Allan Baker)

Huuki said this problem was an example of "the magnitude of the issues we're facing right now" --a $ 1.4 billion deficit. "Surface" arguments over whose piece of the pie gets cut will not solve the problem, he added.

Huuki expressed his concern about the budget cuts, especially to schools.

"We're dealing with major issues with our schools," Huuki said. "Trust me. I've got stomach aches about our schools and what we're facing there."

Huuki noted he had introduced legislation to help Upper Peninsula schools by allowing smaller schools to save money from administration and put it into classroom use.

"We've got to get to the root of our issues, and the root of our issues is the lack of jobs. That is what I've been focusing on," Huuki said. "How are we going to get employment back here to get the tax base back to enable us to have the services that we need here in Michigan?"

A comment from the audience on "all that natural gas under Lake Michigan" was met with some applause from the audience -- and followed by a negative comment about the "green movement."

State Rep. Matt Huuki tells a Houghton audience "the root of the problem" of the state's budget deficit is "jobs." He points out the possibility of drilling for natural gas under the Great Lakes as Canada has done. (Video clip © 2011 and courtesy Allan Baker)

Huuki noted Canada is doing well because they've accessed their natural resources (and possibly ours) by drilling under the Great Lakes. He said we could do this "responsibly" ourselves instead of buying the gas from them. Huuki said we need to "unshackle ourselves" -- apparently a reference to easing environmental regulation -- so that we can access these natural resources.

Casperson noted, aside from the Great Lakes sources, natural gas deposits on state land below the bridge, north of the Gaylord area, could possibly earn the state $100,000,000 a year for the Natural Resources Trust Fund.

"It's our money. It's the people's money," Casperson said.

Neither Casperson nor Huuki nor anyone in the audience brought up the current concern about the hydraulic fracturing or "fracking" method of obtaining natural gas and the dangers it poses to drinking water.

An April 19, 2011, article in the Michigan Messenger notes a recent congressional report that "the nation's 14 leading natural gas drilling service companies used hydraulic fracturing fluids containing 29 different chemicals regulated under the Safe Drinking Water Act (SDWA) as potential human carcinogens." The article adds that Michigan auctioned off 120,000 acres of state land for hydrofracking and plans to auction off half a million more acres soon. In addition thousands of acres of private land have been leased to gas companies for this process.*

Neither elected official mentioned specifically how accessing natural gas below the Mackinac Bridge would provide jobs for people above the bridge. Neither one mentioned sustainable jobs or non-fossil-fuel alternative energy potential.

To a question on whether the federal government was preventing natural gas development, Casperson said he didn't know as far as natural gas was concerned, but the EPA (Environmental Protection Agency) had limited industry's access to other resources.

State Sen. Tom Casperson answers a question on government regulation by attacking efforts by the Environmental Protection Agency (EPA) to protect wetlands that would be destroyed by the proposed haul road for the Kennecott mine. Casperson did not mention "Kennecott" but his mention of County Road 595 alluded to the mine. (Video clip © 2011 and courtesy Allan Baker)

Casperson referred -- without naming it -- to Rio Tinto-Kennecott's Eagle Mine for nickel and copper when he said the EPA had halted the construction of County Road 595 intended as a haul road for the mine.

"It was EPA who literally stepped in and has halted the project," Casperson said.

He didn't explain to this audience -- or perhaps he meant to oversimplify the issue -- that the EPA and two other federal agencies -- the Army Corps of Engineers and the U.S. Fish and Wildlife Commission -- had objected to the original Woodland Road (a private Kennecott road) proposed last year. Local Marquette officials then came up with County Road 595, which would be a public road, but intended for Kennecott's haul trucks. Since then, Kennecott is proposing two haul road plans.**

Casperson said the proposed road affected 22 acres of wetlands over a 22-mile stretch of road.

"I personally don't see where that can't be overcome," Casperson said.

He went on to explain that he and Huuki had sent a letter from "the entire Michigan delegation" to U.S. Senator Carl Levin and the U.S. Congressional delegation urging them to tell the EPA not to regulate this (Kennecott) project.

"Senator Levin has been working in his office pretty hard to try and help this project along," Casperson said.

Editor's Notes:

* See the Michigan Messenger Apr. 19, 2011, article, "Congressional probe finds 29 human carcinogens in hydraulic fracturing fluids."

** See Catherine Parker's Feb. 7, 2011, Letter to the Editor, "Road to somewhere" on County Road 595, and accompanying links.

See also the Marquette Mining Journal Feb. 12, 2011, article, "Two-fold approach," on Kennecott's haul road plans.

This is the first in a series of articles with video clips on the topics covered at the Apr. 23 Town Hall meeting.

Update: See the second article in this series, posted May 12, 2011: "EFMs, schools concern residents at April Town Hall with Casperson, Huuki."