Here is the order:
Back 40 Mine
Seventh Circuit Says EPA Gave Menominee Tribe “Runaround” on Back 40 Mine, Finds No Federal Agency Action to Review
Here are the materials in Menominee Tribe v. EPA:
Lower court materials here.
Michigan Public Radio Interview with Keith Matheny
Michigan Public Radio recently conducted an interview regarding the Back 40 Mine permitting process. Listen to the interview here.
Freep Article on Back 40 Mine
As a side note, the Indian Law Clinic got to work on parts of this issue a few years back, and this article nicely encapsulates how complicated it is, and how dangerous the mine is.
The Michigan-based permitting process for the Back Forty mine has left the Wisconsin side of the river mostly on the sidelines, Cox said.
“When the EPA, the Army Corps, U.S. Fish and Wildlife Service all take actions that are federal, they are obligated to consult with the tribe under laws such as the National Historic Preservation Act, the National American Graves Protection and Repatriation Act,” he said.
“(Michigan) gets to contend, ‘Nope, we’re the authority now, so we’re not obligated to do anything with you Indian nations — you independent, sovereign nations. We’ll send you a letter, let you know what we’re doing. But we won’t communicate with you directly.’ “
Cox questioned Michigan’s “strange-sounding process” of leaving so many things unresolved in the approved permit.
“You would think that, rather than try to conditionalize a permit to include all that’s required, you would just say, ‘We’re not going to issue this permit until all of these big things are addressed, like groundwater modeling,'” he said. “I guess in Michigan they don’t see it that way.”
Across the river, in Michigan’s Menominee County, the board of commissioners passed a resolution opposing the Back Forty mine back in 2017.
“It’s right on the river, 150 feet from the Menominee River,” board vice chairman William Cech said. “There’s never really been a successful sulfide mine without leaving a large stain on the landscape that they are digging in
Fletcher Testimony on the RESPECT Act before the House Indigenous Peoples Subcommittee
Worth a look, most especially for Dylan Minor’s excellent artistic rendering of the treaty cessions by Michigan Indian nations (skip ahead to page 15); available on SSRN here.
It was cherry blossom time, too!
And on the way over, we happened by the Japanese Internment Memorial, noting that the federal government placed many of the concentration camps on Indian reservations: Continue reading
Menominee Tribe Challenge to Back 40 Mine Dismissed
Here are the materials in Menominee Indian Tribe v. EPA (E.D. Wis.):
35 Tribe Motion to Amend Complaint
38 Aquila Opposition to Motion to Amend
39 EPA Opposition to Motion to Amend
40 Reply in Support of Motion to Amend
Latest News Regarding Back Forty & the Menominee Tribe’s Federal Lawsuit
Here is the press release, and here are links to an article and the complaint they filed today.
Menominee Tribe’s Notice of Intent to Sue to Enforce CWA
Links: Press Release, 60 Day Legal Notice(PDF)
The 60-Day Notice of Intent to Sue under the Clean Water Act outlines violations of federal agency duties under the Act that will affect water quality of the Menominee River and adjacent wetlands, and downstream to Green Bay, as a result of the Back Forty Mine Project.
Menominee County Board of Commissioners Opposes Back Forty Mine
Menominee Tribe’s New “No Back 40 Mine” WebPage and Go Fund Me
Download(PDF): Press release
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