May 11th, 2012 | 
AnonymousGREAT NEWS -- Wild Rice Standard Upheld in Court!
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.
Welcome to WaterLegacy, a grassroots citizens’ group formed in response to the threat of the first sulfide mine proposed in the State of Minnesota.
- 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;
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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.
WaterLegacy’s Advocacy Includes:
- PolyMet NorthMet Proposed Sulfide Mine: WaterLegacy provided detailed Comments on the PolyMet Draft Environmental Impact Statement (DEIS) critical of the project and publicized the U.S. Environmental Protection Agency's failing grade for the PolyMet DEIS. WaterLegacy has commented on the possible Land Exchange pertaining to the PolyMet Project. We are following up with various agency staff to prepare for release of the Supplemental Draft EIS, expected to be released in 2012.
- Enforcement of Water Pollution Standards: Water pollution standards can only protect Minnesota waters from pollution if they are rigorously enforced. WaterLegacy is working with tribal staff, federal agencies, citizens and other non-profits to determine which mining permits raise the most concerns and then require tougher permits and better enforcement. WaterLegacy’s advocacy has includes the following mining projects: Dunka Mine; Keetac Mine Expansion Mercury Pollution; Keetac Mine Expansion Water Pollution; Aitkin Agri Peat Mine Mercury Pollution.
- Protecting Wild rice: WaterLegacy is working with many partners to protect natural stands of wild rice, through organizing, administrative rulemaking, participating in environmental review of proposed mines and even by defending the wild rice sulfate standard in a legal challenge brought by the Minnesota Chamber of Commerce. WaterLegacy is also participating in the State’s Wild Rice Advisory Committee. Some key documents include WaterLegacy's Wild Rice Report to the MPCA and WaterLegacy’s Wild Rice Fact Sheet
- Glencore Corporate investment in PolyMet: WaterLegacy is concerned that taxpayers will end up paying for financial liabilities for long-term pollution at the PolyMet NorthMet sulfide mine and that the international Glencore corporation has created a financial structure that will shield it from accountability. WaterLegacy has investigated the financial links between PolyMet and Glencore in its report PolyMet and Glencore an Overview.
How can you contribute to this important work?
Minnesota Water News
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.
