A New Chapter in the Fight to Protect the BWCA From Twin Metals
In another chapter in the ongoing legal fight to protect the Boundary Waters Canoe Area Wilderness from the threat of copper-sulfide mining, we filed a new case in the United States District Court for the District of Columbia.
Here’s what it means.
The current case against Twin Metals, at a glance
In late 2016, the federal government denied an application by Twin Metals to renew two mineral leases at the doorstep of the Boundary Waters, finding that the “inherent potential risk” of copper-sulfide mining on the watershed was “unacceptable”.
Shortly after Trump took office, Antofagasta, the Chilean mining company that owns Twin Metals, lobbied officials in the new administration to reverse this decision. Though the leases had expired, the government flip flopped. The Bureau of Land Management (BLM) short-circuited federal environmental statutes and renewed Twin Metals’ leases.
Under the National Environmental Policy Act (NEPA)—which is sometimes referred to as the environmental Bill of Rights, the Bureau was required to prepare a detailed statement called an Environmental Impact Statement (an EIS) when it takes an action that significantly impacts the human environment. BLM chose not to prepare an EIS,
Instead, they provided an abbreviated Environmental Assessment. In doing so, the Bureau and the Forest Service did not consider a “no mining” alternative to renewing the leases, and effectively committed on a course towards mining near the Boundary Waters.
“Thousands of Americans have a deep connection with the Boundary Waters. It is a unique part of the American landscape, on par with Yellowstone, Yosemite or the Grand Canyon. If Twin Metals were to open its toxic mine near the Boundary Waters, it would permanently pollute some of the cleanest water in the country. In renewing Twin Metals’ leases, the Trump administration acted illegally under federal law,” says Chris Knopf, Executive Director, Friends of the Boundary Waters Wilderness
Bottom line: The Trump administration and the Bureau of Land Management cut corners and worked around environmental protections to prioritize this mining project.
Background and timeline
1966 – United States government issues two mineral leases in the Superior National Forest to International Nickel INCO. No productive mining activity takes places for decades.
2012 – The two mineral leases are now held by the Chilean-based mining company Antofagasta. The corporation, which owns Twin Metals, applies to renew the soon to expire leases.
2016 – The two leases expire. Following an extensive study, the Forest Service concludes the that the risk posed by a copper-sulfide mining within the same watershed as the BWCAW is unacceptable. Because the Forest Service does not consent, Twin Metals’ application is denied and their mineral leases expire.
2017 – Under a new administration and new leadership, the Department of the Interior reverses the previous decision and revives the expired leases.
2018 – Friends of the Boundary Waters Wilderness, along with other organizations and businesses, sue the government in federal District Court in Washington, D.C. They argue that reviving these leases was arbitrary, capricious, illegal and violated the Administrative Procedures Act (APA).
2019 – The Bureau of Land Management officially renews Twin Metals’ expired leases.
2020 – The U.S. District Court for the District of Columbia rules in favor of Twin Metals. Shortly afterwards, Friends of the Boundary Waters Wilderness announces they will appeal to the U.S. Court of Appeals.
May, 2020 — Friends of the Boundary Waters Wilderness and partners challenge the renewal of these leases under the National Environmental Policy Act (NEPA).
The wind is at our back.
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