MARQUETTE - Michigan Department of Environmental Quality officials said they don't expect the recently announced resignation of the agency's director to slow a decision on Kennecott's Eagle Mine.
Gov. Jennifer Granholm announced last week that Jim Sygo will serve as interim director of the DEQ beginning Jan. 5, following Director Steven Chester's announcement last week that he will leave his post Jan. 4. Sygo currently serves as deputy director for the DEQ.
Chester - who was expected to make the final decision on a contested case ruling regarding Kennecott's Eagle Project - will be leaving his position to return to practicing law, specializing in environmental counseling and litigation.
Granholm's appointment of Sygo will be in effect through Jan. 17. On that date, Executive Order 2009-45 will combine the operations of the DEQ and the Michigan Department of Natural Resources within the newly created Michigan Department of Natural Resources and Environment.
Granholm said she will appoint a permanent director of the new department at a later date.
Robert McCann, DEQ spokesman in Lansing, said that depending on timing, the decision regarding Kennecott could be made by Chester, Sygo or the as-yet unnamed director of the new recombined agency.
The shuffling of heads at the top of the DEQ isn't expected to draw out or delay the much-anticipated decision, McCann said.
"It will have some sort of effect, but I don't think it will delay it any," he said.
On Dec. 14, 2007, the DEQ issued mining, air use and groundwater discharge permits to Kennecott for its Eagle Mine on the Yellow Dog Plains.
A week later, the National Wildlife Federation, Huron Mountain Club, Keweenaw Bay Indian Community, and Yellow Dog Watershed Preserve filed administrative appeals contesting the issuance of the mining and groundwater discharge permits.
In spring 2008, Administrative Law Judge Richard Patterson began hearing weeks of testimony in the case. Final arguments were filed in October 2008. Patterson's 177-page decision in favor of the DEQ was released Aug. 18.
Patterson's decision was a recommendation to Chester who is the final decision maker. Chester can affirm the permits, change the permits or deny them. Afterward, the case could be appealed by either side to Ingham County Circuit Court.
Patterson's ruling included a recommendation the mining permit be allowed "with the exception that provision be made to avoid direct impacts to Eagle Rock that may interfere with the (Native American) religious practices thereon."
Chester recently asked Patterson for more information on the rock being used for religious practices. McCann said no testimony had been offered discussing that use of the area.
Chester is awaiting that information before he makes his determination.
The case is important because Kennecott cannot begin work on the Eagle Project until the contested case is settled.
McCann said he had no indication when Patterson might provide the additional information so a final decision can be made on the contested case.
McCann said Sygo has kept informed about the Kennecott issue over the past few years.
"Jim has been involved in the process and has been aware of everything that has happened up to this point," McCann said.
Chester has served as head of the DEQ since 2003.
In addition to the administrative ruling, Kennecott must also obtain a U.S. Environmental Protection Agency groundwater discharge permit for the mine before construction can begin.
