Court challenge could weaken Clean Water Act; Native Nations weigh in to keep it strong

The Fond du Lac Band of Lake Superior Chippewa and 16 other Native Nations have filed an amicus (friend-of-the-court) brief with the U.S. Supreme Court in a case that could weaken the federal Clean Water Act.

The case being contested is small in the grand scheme of things, but the precedent it could set is huge. An adverse ruling would mean “thousands of miles of streams and wetlands—many critical to the Tribes—would lose longstanding Clean Water Act protections,” the Tribes said.

In January, the Supreme Court agreed to hear the case, Sackett v. EPA, in its upcoming session.

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EPA puts PolyMet permit in serious doubt based on mine’s projected harms to Fond du Lac Band waters, and more

In this post:

  • EPA comes out against PolyMet mine based on threats to Fond du Lac Reservation waters
  • Indigenous women push Biden,Army Corps to stop Enbridge Line 5
  • Online presentation: Networks among colonial elites who profited as treaty signers
  • Indian Country in particular threatened should Supreme Court overturn Roe v. Wade
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Federal government requires MPCA to enforce wild rice protections, overriding state laws

The environmental group WaterLegacy and the Fond du Lac and Grand Portage Bands of Lake Superior Chippewa scored a major victory to enforce state water quality rules that protect wild rice.

It’s a huge ruling. It should affect the MPCA’s oversight of existing projects, such as the MinnTac Mine (which has never complied with wild rice water quality standards). It should affect the MPCA’s review of projects in the queue, such as the proposed PolyMet copper-nickel mine.

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Fond du Lac Band court victory helps all Minnesotans concerned with clean water

The PolyMet ruling forces EPA, MPCA to do their jobs

The Fond du Lac Band of Lake Superior Chippewa won a big court victory in February in its ongoing effort to stop multinational corporate giant Glencore from building the PolyMet copper mine upstream from its reservation.

The Band has significant and legitimate concerns that the PolyMet mine would worsen an already bad problem of mercury-contaminated fish and water for its community. The U.S. Environmental Protection Agency (EPA) knew of the problem and was supposed to notify Fond du Lac so it could participate in the permitting process.

The court ruled the EPA failed to follow the law. As a result, the U.S. Army Corps of Engineers has suspended PolyMet’s permit to fill or dredge a large area of wetlands for its mine. “It also means that five major permits for the $1 billion PolyMet project are now stayed or under review,” the Star Tribune wrote.

“The move spotlights the Band’s groundbreaking effort to assert Indigenous water quality standards as a ‘downstream state’ under the Clean Water Act,” it said.

The court ruling also spotlights lax environmental oversight by the Minnesota Pollution Control Agency (MPCA) and the EPA.

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Court rulings on mining pollution highlight MPCA failings

Minnesotans value our state’s clean waters. As the Land of 10,000 Lakes, it’s core to our identity.

When European settlers started arriving here, the waters were 100 percent pristine. Now 200 years later, most of our lakes and streams are considered impaired to some degree, according the Minnesota Pollution Control Agency (MPCA’s). Some 65 percent our 27,329 miles of streams are impaired by at least one factor, according to the MPCA’s 2020 report to Congress. Nearly 90 percent of our acreage of lakes are likewise impaired.

The MPCA is supposed to be the state’s leading environmental protection agency, the guardian of our precious clean water.

It is not. Turns out, that award goes to the Minnesota court system.

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Minnesota’s lead environmental protection agency has failed to protect our water and wild rice: A Minntac Case Study

A recent U.S. Supreme Court decision could require the MPCA to enforce tougher water quality standards on pollution discharged from U.S. Steel’s Minntac mine

Part I in a series which explores how the Minnesota Pollution Control Agency (MPCA) has failed for decades to enforce water quality standards against U.S. Steel and its Minntac mine in northern Minnesota.

Wild rice is a sacred food to the Ojibwe and Dakota peoples, holding spiritual and cultural value. For some Anishinaabe in northern Minnesota, it’s also source of income. It’s Minnesota’s state grain and important to the state’s identity.

It’s also very sensitive to water pollution, notably sulfates.

Minnesotans care about clean water. In 1967, the Minnesota Legislature created the Minnesota Pollution Control Agency (MPCA), giving it a “unique challenge and a demanding responsibility: to protect the air, waters and land of our great state.”

In 1973, Minnesota created a rule limiting sulfate pollution in wild rice waters, known as the Wild Rice Rule. The U.S. Environmental Protection Agency (EPA) approved the rule under the federal Clean Water Act.

The problem is, the MPCA has rarely enforced the Wild Rice Rule. The agency first applied it in 1975, regarding wastewater discharge from Minnesota Power’s Clay Boswell coal-fired power plant, court records say. The agency didn’t apply the rule again until 2010, 35 years later. Continue reading

Faith leaders asking for more scrutiny of the PolyMet mine proposal in northern Minnesota

Our friends at  Minnesota Interfaith Power and Light are asking faith leaders of all traditions to add their names to a sign-on letter asking for better scrutiny of the PolyMet mine proposal in northern Minnesota.

Specifically, the letter asks Gov. Tim Walz and key agency heads to “accept the Court of Appeals decision that a fair and open contested case process is needed now for the PolyMet sulfide mine.”

Some 200 faith leaders already have signed the letter and it will be delivered to Gov. Walz’s office tomorrow, Tuesday, Feb. 11 at 11 a.m. Minnesota Interfaith Power and Light will continue gathering faith leader signatures in the coming months, so it’s not too late to sign. Continue reading

PUC Commissioner makes strong case against Line 3 plan and strengthens legal cases poised to stop it

Commissioner Matt Schuerger.

After years of research, testimony, organizing, letter writing, pleas, protests, and other public pressure by Indigenous Nations, environmental groups and regular citizens, one Minnesota Public Utilities Commission (PUC) Commissioner came around to vote “no” on Enbridge’s proposed Line 3 tar sands pipeline expansion.

Commissioner Matthew Schuerger’s lone “no” vote Monday didn’t change the outcome; the PUC approved Line 3’s Certificate of Need and Route Permit on 3-1 votes. Significantly, however, Schuerger’s arguments will lend credibility to the pending lawsuits seeking to overturn the PUC’s ill-considered decisions. Continue reading

Anishinaabe ‘Rights of Manoomin’ Laws Create Legal Basis to Protect Sacred Wild Rice

‘This would be the first law to recognize the legal rights of a plant species

The White Earth Band of Ojibwe and the 1855 Treaty Authority are taking action to address the growing threats to native wild rice, such as potential crude oil pipeline spills or the spread of genetically modified wild rice. They are establishing new laws and claiming treaty rights to protect their culture and sacred food.

The 1855 Treaty Alliance was established to protect the treaty rights of Leech Lake, Mille Lacs, White Earth, East Lake and Sandy Lake bands. The Alliance covers those lands the Anishinaabe ceded as part of their 1855 Treaty with the United States. (Among those treaty rights, bands claim the right to hunt, fish and gather — including harvesting wild rice — on ceded lands.)

According to a media statement from the 1855 Treaty Alliance:

Recently the White Earth Band of Ojibwe and the 1855 Treaty Alliance adopted Rights of Manoomn for on and off reservation protection of wild rice and the clean, fresh water resources and habitats in which it thrives. The Rights of Manoomin were adopted because “it has become necessary to provide a legal basis to protect wild rice and fresh water resources as part of our primary treaty foods for future generations” …

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