Mine lawsuit
By JOHN PEPIN, Journal Munising BureauMARQUETTE — After a motion to stay proceedings was denied Wednesday, a hearing challenging permits issued to the Kennecott Minerals Company by the Michigan Department of Environmental Quality will begin as scheduled on Monday.
The National Wildlife Federation, Huron Mountain Club, Yellow Dog Watershed Preserve and Keweenaw Bay Indian Community are challenging the issuance of mining and groundwater permits to Kennecott for its Eagle Project — a nickel and copper mine planned for northern Marquette County.
On Wednesday, the opposition groups asked Ingham County Circuit Court Judge Paula J.M. Manderfield to delay the hearing to give the plaintiffs an opportunity to interview witnesses expected to testify for Kennecott and the DEQ. But Manderfield sided with an administrative law judge who previously denied a similar request.
“She basically declined to be involved at this point and we’re moving ahead as planned on Monday,” said Michelle Halley, an attorney in the case representing the National Wildlife Federation.
The contested case hearing, which could take up to a month to complete, will begin at 9 a.m. Monday in Lansing with Administrative Law Judge Richard A. Patterson presiding.
“We are pleased with the court’s ruling, which allows this case to move forward as scheduled,” said Daniel Ettinger, an attorney with the Grand Rapids office of the law firm Warner Norcross & Judd, which represents Kennecott.
Monday’s hearing is important to both sides because Kennecott cannot begin work on the Eagle Project until the contested case is settled.
Patterson is a DEQ employee. He will make a recommendation to DEQ Director Steve Chester, who is the final decision maker. Chester could affirm the permits, change the permits or deny them.
State law requires a decision by the end of June. Afterward, the case could be appealed to Ingham County Circuit Court.
The proceedings next week will focus on whether the permits issued by the DEQ in December authorizing mine construction and operations meet statutory standards.
“This is a full evidentiary trial, where we call witnesses, cross examine witness and introduce exhibits,” Halley said. “The relief we are seeking is for MDEQ Director Steve Chester to determine that the permits were mistakenly granted and are now denied.”
Halley said the plaintiffs are “confident about our case based on facts and the law.”
“We believe more strongly than ever that the permits should be overturned,” Halley said.
Kennecott Eagle Project Manager Jon Cherry said the Eagle mine has been designed to minimize environmental effects.
“From the very inception of the Eagle project, Kennecott has prepared for the building, operation and reclamation of its mine using the highest standards and most advanced technologies available for mineral resource development in the world today,” Cherry said.
Permit applications were submitted to the DEQ in February 2006, with permits issued in December. Laws and regulations for permitting non-ferrous metallic mining were developed in 2004 through a stakeholder group working with regulators and lawmakers.
“Michigan’s mining regulations set a high standard that mining companies must meet,” Cherry said. “The contested case proceedings are another opportunity to confirm that the plans and design Kennecott has proposed met stringent standards necessary for earning all permits issued by the DEQ.”
