FLASH:  Action needed

Send your comments by February 27, 2012 that the MPCA must identify and list Minnesota waters that are impaired for ability to sustain wild rice and are in violation of Minnesota’s wild rice sulfate standards. Read WaterLegacy’s Comments on the 2012 Impaired Waters list. 

Wild Rice and Sulfate Pollution

Minnesota’s wild rice sulfate standard, enacted in 1973, limits sulfate pollution to 10 milligrams per liter in waters used for the production of wild rice during times that the wild rice is susceptible to harm.

As explained in WaterLegacy's Wild Rice Sulfate Fact Sheet Minnesota’s wild rice sulfate standard is based on scientific field research demonstrating that Minnesota’s self-sustaining natural stands of wild rice (manoomin) are found in waters containing no more than 10 milligrams per liter of sulfates.

Sulfate pollution from Minnesota’s leaking ore pits, waste rock pits and tailings basins exceeds Minnesota sulfate water quality standard that protects wild rice. U.S. Steel’s Keetac mine, plant and tailings basin were recently required to comply with Minnesota’s sulfate standard, although they were given several years to do so. [See WaterLegacy’s Keetac Water Pollution page for more information]. The Cliffs Erie Company has entered into a Consent Decree, in effect, admitting that sulfate pollution from the Dunka Mine and LTV Tailings Basin have exceeded legal limits.

Mining discharge containing high levels of sulfates in Northern Minnesota has impaired natural stands of wild rice for over 100 miles of the St. Louis River. [See map here.]

Minnesota’s mining industry and the Minnesota Chamber of Commerce have launched a multi-pronged attack on the wild rice sulfate standard at the Legislature, in the administrative rulemaking process and in the courts:

Defending Wild Rice from Legislative Attack:

Mining industry lobbyists attempted to repeal the wild rice sulfate standard, or have the 10 milligrams per liter limit replaced by an arbitrary higher number that would not require mining facilities to limit their pollution.

These direct attempts to invalidate the wild rice standard were defeated, after the United States Environmental Protection Agency informed legislators that changes to state water quality standards could only be made on a scientific basis, in compliance with the Clean Water Act.

In 2011, the Minnesota Legislature adopted a Session Law requiring the Minnesota Pollution Control Agency (MPCA) to conduct a study of the basis for the 10 milligrams per liter wild rice sulfate standard in order to provide a basis for changing the wild rice sulfate standard rule. The legislation appropriated $1.5 million for the study and required the MPCA to create an Advisory Group with various interests represented. WaterLegacy’s counsel, Paula Maccabee, was appointed among the members of the Wild Rice Study Advisory Group.

Defending Wild Rice from Administrative Attack:

Mining reports produced by the MPCA document that various mining companies have lobbied to have a weaker sulfate standard applied to their wastewater discharge, rather than the 10 milligrams per liter limit contained in Minnesota rules. The MPCA has consistently taken the position that, based on the scientific information available to date, the Agency cannot support a sulfate limit other than the 10 milligrams per liter standard currently in law. Even before the Legislature required a study process, the MPCA was reviewing the sulfate standard to protect wild rice as part of the 2008-2012 Triennial Water Quality Rule Review, a periodic review required by the Clean Water Act.

In November 2010, WaterLegacy, prepared an issues brief, Preserve Wild Rice Standards for the MPCA. We also convened more than three dozen citizens, tribal members, ricers and wildlife advocates at MPCA offices in St. Paul and Duluth to involve the public in review and consideration of the wild rice sulfate standard. WaterLegacy continues to be involved in the MPCA’s Triennial Water Quality Rule Review.

WaterLegacy is working in collaboration with other conservation groups, tribal staff and tribal members to ensure that the Triennial Review process and the Wild Rice Advisory Group are based on unbiased science, careful field data and the understanding that the Clean Water Act protects wild rice as a designated use since 1975, while treaty rights protect wild rice since 1837.

Attack in the Courts

On December 17, 2010, the Minnesota Chamber of Commerce (“Chamber”) filed a lawsuit in Minnesota State Court on behalf of mining interests, challenging the sulfate water quality standard that protects wild rice. The Chamber’s Complaint specifically names the PolyMet NorthMet, U.S. Steel Minntac, U.S. Steel Keetac and Cliffs Erie mining projects as examples of their claims that the MPCA should not be allowed to enforce the wild rice sulfate rule.

In 2011, WaterLegacy moved to intervene as a party defending the sulfate rule protecting wild rice and moved to dismiss the Chamber’s claims. The district court judge granted WaterLegacy’s motion to intervene, but denied the motion to dismiss the claims prior to the discovery requested by the Chamber.

A Motion for Summary Judgment to dismiss the Chamber’s claims (now that some discovery has been completed) is scheduled for March 1, 2012 at 9:30 am before Judge Gregg Johnson at the Ramsey County Courthouse, 15 West Kellogg Boulevard in St. Paul. This hearing will be open to the public.

Why Is Protecting Wild Rice (Manoomin) So Important for Minnesota?

1. Natural wild rice has enormous ecological value -- protecting water quality, reducing algae blooms, and providing habitat for fish, mammals and wildfowl.
2. Minnesota’s wild rice standard limiting sulfate pollution is needed to protect tribal resources, natural food and a critical ecosystem. 
3. Preventing sulfate pollution is important to forestall increased methylmercury contamination of fish. Methylmercury in fish is a neurotoxin, especially affecting brain development in children and the unborn fetus.
4. Enforcement of Minnesota’s wild rice sulfate standard will require existing and proposed mining facilities to collect and treat their polluted wastewater before discharging it to Minnesota wetlands, streams and rivers. Copper-nickel mines in sulfide-bearing rock near wild rice waters would need to collect, pump and treat water during mining operations and, potentially, for hundreds of years thereafter.

What Can You Do?

Citizen Action is important to save Minnesota’s Natural Wild Rice  Take Action NOW.

• Become informed and share information in your community.
• Attend meetings and hearings that are open to the public.
• Tell your government leaders that you expect them to protect Minnesota’s state grain, natural wild rice, from sulfate pollution.