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

 

 

Breaking News

On December 17, 2012, two years after the Minnesota Chamber of Commerce sued to prevent the Minnesota Pollution Control Agency (MPCA) from enforcing the wild rice sulfate standard to protect natural stands of wild rice, the Minnesota Court of Appeals dismissed the Chamber’s claims in their entirety!  Read the Court of Appeals Decision Affirming Dismissal of the Lawsuit.

 

WaterLegacy, the only party to intervene in the litigation to protect the wild rice sulfate standard won our appeal! More details about litigation to preserve the wild rice sulfate standard can be found on WaterLegacy’s web page Saving Wild Rice from Sulfate Pollution.

 

In May 2012 a district court judge for the State of Minnesota granted summary judgment motions filed by WaterLegacy and by the MPCA to dismiss the Chamber's claims. The judge upheld the wild rice sulfate standard on its merits. The Chamber then filed an appeal.

WaterLegacy filed a Brief to the Court of Appeals asking the Court of Appeals to affirm the decision of the district court and to dismiss the claims filed by the Chamber on behalf of the mining industry. Oral argument took place on October 10, 2012.

WaterLegacy Counsel explained, “"Little by little, I think we're reclaiming the idea that Minnesota can protect wild rice and other natural resources through regulation, and that's an important thing.”  Read MPR- Minn. Court Affirms Wild Rice Protection.

Mineral Leases Conflict with Property Rights & Natural Resources

The pressure for prospecting and exploitation of minerals on both U. S. Forest Service and private property continues unabated.

• In June 2012, the Minnesota State Executive Council approved minerals leases for mining companies beneath both public lands and private homes and businesses. WaterLegacy agrees with landowners that the right of mining companies to condemn private lands is a serious threat to Minnesota’s economy that should be challenged. See Star Tribune Commentary (June 18, 2012).
• In the summer of 2012, the Minnesota DNR announced its 33rd sale of mineral leases in portions of Aitkin, Lake and St. Louis Counties. For the first time in Minnesota history, more than 170 citizens petitioned the DNR to prepare a simple Environmental Assessment Worksheet (EAW) to analyze impacts of mineral leases on trout streams, wetlands, sensitive natural areas, and residential drinking wells before putting mineral leases up for sale. The DNR went ahead with the auction of leases on October 24, 2012 and then decided on November 8, 2012 that no EAW would be provided. See MDNR Denial of Citizen Petition.
• The citizens, led by named plaintiff Matt Tyler, appealed the DNR’s denial of the EAW to the Minnesota Court of Appeals. They then successfully petitioned the Executive Council to delay approval of the mineral leases until the Court of Appeals has a chance to rule on whether the citizen petition for environmental review should have been granted. See Citizens Petition for Environmental Review Before Mineral Lease Sales for more information.

Mining companies proposing to exploit Minnesota’s copper-nickel resources have held up Wisconsin’s Flambeau Mine as a model of mining with no environmental harm. Even at this smaller mine, toxic pollution has reached the Flambeau River in violation of the Clean Water Act. Read the Journal Sentinel article in November 2011 explaining the problem and more recent reporting of a Wisconsin federal court judge ruling that the Flambeau mine has, in fact exceeded standards for toxic metals in violation of federal law.

 

A new website documents the history of this project's violations.