GREAT NEWS -- Wild Rice Standard Upheld in Court!

WATERLEGACY PRESS RELEASEManoomin miinawaa nooskaachinaagan (wild rice and fanning basket) Photo by Jim Northrup
MEDIA CONTACT: 
Paula Maccabee (ph: 651-646-8890  c: 651-775-7128)
 
JUDGE DISMISSES MN CHAMBER OF COMMERCE LAWSUIT
WILD RICE SULFATE STANDARD UPHELD
WaterLegacy, MPCA Motions for Summary Judgment Granted

ST. PAUL, MN, May 11, 2012: Ramsey County District Court Judge Margaret M. Marrinan has denied all claims made by the Minnesota Chamber of Commerce in its lawsuit challenging Minnesota’s wild rice sulfate standard. On May 10, the Judge granted motions for summary judgment made by intervenor WaterLegacy and by the Minnesota Pollution Control Agency (MPCA) and upheld Minnesota’s rule protecting natural stands of wild rice from sulfate pollution in excess of 10 milligrams per liter.

In her decision, Judge Marrinan ruled, “The Wild Rice Rule does not violate due process. It is not unconstitutionally vague, nor is the application of the rule arbitrary and capricious.” The Court noted, “In approving the wild rice standard, the EPA concluded that the standard is consistent with the federal Clean Water Act. Plaintiff’s [Minnesota Chamber of Commerce’s] assertion that the wild rice sulfate standard is in any way inconsistent with the Clean Water Act lacks merit.” Judge Marrinan ruled that the Minnesota Chamber of Commerce Complaint should be dismissed “in its entirety with prejudice and on the merits.” (See Judge Marrinan’s Decision)

“We are pleased with Judge Marrinan’s clear ruling upholding the wild rice sulfate standard,” said environmental attorney Paula Maccabee, Counsel for intervenor WaterLegacy.  “Now it’s time for the mining industry to comply with water quality standards that protect wild rice, fish and drinking water, rather than trying to strike them down so industry can keep polluting Minnesota streams, lakes and rivers.”

The Minnesota Chamber of Commerce filed its lawsuit on December 17, 2010. Motions for summary judgment by WaterLegacy and the MPCA were filed on January 31, 2012 and heard by the Court on March 1, 2012. 

Manoomin miinawaa nooskaachinaagan
(wild rice and fanning basket)
Photo by Jim Northrup


Welcome to WaterLegacy, a grassroots citizens’ group formed in response to the threat of the first sulfide mine proposed in the State of Minnesota.

We have leadership in Northern Minnesota and in the Twin Cities Area and thousands of active members. We welcome you to become a member free of charge and receive updates on opportunities to take action and protect Minnesota waters from harms caused by sulfide mining.
seal
 
Recognized strength: A national organization that advises donors on the most effective non-profits in which to invest, Philanthropedia, has selected WaterLegacy as the #1 Most Promising Environmental Non-profit Start-up in Minnesota.
 
Mission: Protect Minnesota’s water resources and the communities (human and ecological) that depend on that water from environmental degradation, particularly that caused by sulfide mining.
 
Vision:  We value fresh, clean water as a legacy for generations to come. We believe Minnesota’s freshwater is a precious ecological resource and is essential to the health of local communities and regional economies.  
 
Strategies: 
  • WaterLegacy conducts non-partisan legal and technical research pertaining to sulfide mining, engages in regulatory and permitting processes, and provides training;
  • WaterLegacy collaborates with and shares our work with citizens, tribes and with other non-profit organizations;
  • WaterLegacy recruits citizen experts and encourages and coaches citizen participation and self-advocacy in regulatory and environmental review processes to protect water resources, habitats and environmental justice;
  • WaterLegacy works with federal and state agency staff to prevent the weakening of environmental standards and to ensure that sulfide mining projects cannot circumvent requirements of statutes and rules.
 
“How we treat the water is how the water will treat us.”
-- Eddie Benton Benais, Anishinaabe (Ojibwe) Spiritual elder

WaterLegacy’s Advocacy Includes:

How can you contribute to this important work?

==>   Become a member of WaterLegacy free of charge and receive updates on opportunities to take Action and protect Minnesota waters from harms caused by sulfide mining.
==>   Donate to support WaterLegacy’s work to protect Minnesota waters and the communities – human and ecological – that rely on them.  Your donations are tax-deductible, and every dollar goes to support advocacy and organizing.  Quick, easy, secure online donation.
==>  Begin your own involvement through WaterLegacy to protect Minnesota waters. Check out our Citizen Engagement Pages for current opportunities to send petitions and comments, attend and participate in educational and outreach events.

Minnesota Water News

What’s new in Minnesota?
Sulfide Mining: Agencies are preparing a supplemental draft EIS and considering a new alternative project for PolyMet NorthMet proposed sulfide mine. The most recent PolyMet draft alternative summary eliminates some of the processing at the NorthMet site, meaning fewer jobs. The supplemental draft EIS is planned for release in 2012.

Wild Rice Sulfate Standard Applies to Minnesota Mine

Although compliance is likely to take too long, U. S. Steel’s water pollution permit approved on October 25, 2011 by the Minnesota Pollution Control Agency Citizen’s Board is the first permit to require a mining project to comply with Minnesota’s 10 mg/L limit for sulfate pollution in wild rice waters. U.S. Steel will be required to return every year to report their progress on reducing sulfate pollution and justify the continuation of the permit. Read the Star Tribune story.

What's new across the United States?

Tests find Toxins at Flambeau Mine (Journal Sentinel, Nov. 1, 2011)
While lawmakers consider easing restrictions on mining, monitoring shows elevated copper and zinc levels in a stream receiving disgharge after open pit was covered over. This "model" copper mine in Wisconsin has been held up by the industry as a glowing example of a clean, safe sulfide minerals mine.  But after a decade of incomplete closure, toxic pollution is still reaching the Flambeau River.  Read the full article.

JOIN WaterLegacy!