P r o t e c t i n g C o m m u n i t i enewsnews s a n d t h e E n v i r o n m e n t MINERAL POLICY CENTER NEWSLETTER MPC Winter 2000

Aimee Boulanger The People Dig In Campaign Reports and Say No To Polluting Mines MPC Scores Big Win — By Dan Randolph and Aimee Boulanger Stronger Mining Rules MPC circuit riders As the result of a multiyear campaign by MPC and allies such as U.S. Public Interest Research Group, Friends of the ineral Policy Earth, Taxpayers for Common Sense, the Western Organization of Resource Center’s mem- Councils and countless others; public Mbers and readers health, the environment, and the have heard us say it hun- American taxpayer won a huge victory Stunning vista in the this year when a last-minute veto threat dreds, if not thousands, of by President Clinton paved the way for Cabinet Mountains Wilderness. new, stronger regulations for mining times. Our greatest griev- on public lands. ance with the 1872 Mining Law is that it favors mining over all other We expect the new rules to be issued uses of public lands. It essentially treats mining as a right for anyone later this year (2000). The rules who finds a valuable mineral deposit. Land management agencies, govern mining on public lands managed by the Bureau of Land such as the U.S. Forest Service and the Bureau of Land Management, Management. The current rules were C O N T I N U E D O N P A G E 16 ineffective at stopping polluting mines or protecting taxpayers from mine cleanup costs. The regulations (43CFR3809) are mandated by The Federal Land Policy and Management Act of 1976 (FLPMA) which directs that the Secretary of the Interior “shall, by regulation or otherwise, take any action necessary to prevent unneces- sary or undue degradation on the federal lands.” The current weak regulations were issued in 1981 under then Secretary of the Interior James Watt. These regulations are the only direct federal environmental oversight

Exploration roads scar Buckhorn Mountain. C O N T I N U E D O N P A G E 7

Alan Septoff Alan

Winter 2000 1 Letter From the President: This Year’s Heroes Board t the end of last year I wrote about a number of people who made my list of heroes for 1999. These J. Michael McCloskey were people who worked tirelessly to hold mining companies accountable, to protect special ecosystems Chairman Aand landscapes, to safeguard their communities from destructive mining practices, and in one case, to Thomas A. Troyer change company practice from the inside. As 2000 draws to a close I have a new list of heroes that I want to share Vice Chairman with you. This year’s crop of heroes are people who took risks and inspired all of us here at MPC. Karin P. Sheldon Secretary/Treasurer Senator Richard Durbin stood up on the floor of the Senate and spoke up for taxpayers and for those fighting to Kerry Anderson Member protect our public lands. He won the debate against those who were seeking to hand out one more special favor Sharon Benjamin to the mining industry by opposing a rider that would have prevented new, stronger mining regulations for Member mining on public lands. In the end, thanks to Senator Durbin and a veto threat by President Clinton, we won. Jay Halfon Member The late T.H. Watkins, known for his nature writing, including the recently published Redrock Chronicles: Saving Wild Bill McNeill Utah, whose story, Hard Rock Legacy in the March 2000 issue of National Geographic brought the abuses of the 1872 Member Mining Law to a new audience. Here’s how Watkins closed the story: “Leaving Nevada I thought about those dead Dr. Glenn Miller lakes shining in the desert sun, the dead birds I had seen in Spokane, the hundreds and thousands of abandoned mines Member still leaking poison into the West’s water, the sprawling chemical filth of flats below the Anaconda smelter stack, the blowouts that still corrupt rivers and water tables. At what ultimate cost, I finally wondered, have we held so fiercely to Staff this antique law, dreaming the long dream of treasure that I once saluted with such enthusiasm.” Stephen D’Esposito President Edie Harmon who last year camped out in our offices as she so effectively worked the halls of Congress, fighting Alan Septoff Campaign Director for the right to deny mines that would pollute the environment, destroy ecosystems, or impact cultural resources. Aimee Boulanger This year, Edie won an important first step in her fight. The Clinton Administration has set a precedent which Senior Circuit Rider/ requires the government to reject mines that would result in permanent damage to the environment and to Northwest cultural resources such as Native American sites. Dan Randolph Southwest Circuit U.S. Interior Department Solicitor John D. Leshy who had the guts to state the simple fact that the 1872 Mining Law Rider does not give mining companies carte blanche to pollute public lands. No longer can federal land managers ignore Cathy Carlson the fact that the abuses allowed by the 1872 Mining Law must be balanced against legal requirements to prevent Policy Advisor degradation of our public lands. Kimberlee Dinn Development Director Brigette Willner When Eurogold/Normany tried to win approval for an open-pit gold mine in Bergama, Turkey, Birsel Lemke swung Director of Finance into action. She organized her community, a region of olive groves, clean water, and ancient Greek artifacts, from and Administration the threat of this proposed mine. Birsel Lemke’s multiyear campaign has been successful so far. But as we go to Stephanie DeMoss print, the mining proposal is being reconsidered by the Turkish government. For her efforts, this December Ms. Program Coordinator Lemke will be awarded the prestigious Right Livelihood Award. Chris Cervini Media Director On Feb. 4, we received a fax from Birsel Lemke describing a cyanide spill at a gold mine in Romania. The ——— details were sketchy, but within hours Jozsef Feiler, of Friends of the Earth Hungary, hit the ground running. Philip M. Hocker He alerted other environmental organizations, government officials, and the press about the potential impact President Emeritus of the spill. For weeks, Jozsef worked tirelessly, almost to the point of exhaustion. In the end the spill devas- tated a 250-mile stretch of the Danube River, but the media attention and public outcry have led to greater THANKS scrutiny of similar mining operations worldwide. All of us here at MPC wish to thank David The late Frank Wheat, an attorney, mining reform activist, and MPC supporter who worked tirelessly to promote Loew of Black Rocket in San Francisco for his protection of our treasured public lands from irresponsible mining projects. Frank was one of the early promot- work on our New York ers of the idea that the Federal Land Policy Management Act required the government to protect public lands Times ad. And a special from mining. His tireless work on this issue came to fruition this year when DOI issued a legal opinion and a thanks to David McCargo for his new rule that requires land managers to prevent irreparable harm to our public lands. All of us here at MPC owe ongoing support to Frank Wheat a debt of gratitude. Thanks Frank. MPC. With heroes like these, and thousands more working together around the world, it is abundantly clear that wherever a mining company operates, someone will be there to shine an uncomfortable spotlight on anyone or any company that seeks to cut environmental corners.

2 MPC News This fall, in the heat of a legislative fight over new mining rules, we took our message to the people in the form of a New York Times ad. We asked the president to stand up to mining-industry special interests and fight an anti-tax- payer and anti-environment rider that could have weakened new mining rules.

He did. And we won. Thanks to your support. Ad design courtesy of Dave Loew and J. Kent Pepper from Black Rocket in San Francisco.

Winter 2000 3 Rivers are NO PLACE for Mine Waste By Michael Rae Program Leader – Resources Conservation, WWF-Australia

he practice of using rivers and gold mine in PNG’s Enga Province, and streams as vehicles for mine-waste Freeport/Rio Tinto’s giant Grasberg copper T disposal is being questioned as never and gold mine in West Papua, Indonesia. before. Downstream communities as well as development and environmental non- Ok Tedi’s negative profile matches the scale government organizations (NGOs), of the mine’s environmental and social including Worldwide Fund for Nature and impacts, with an estimated 1350 sq km of Mineral Policy Center, have long criticized rainforest expected to suffer die back as a the practice of dumping mine tailings and result of overbank deposition and conse- waste rock directly into rivers. The good quent disruption to local communities. The news is that recently, Western Mining mine’s dumping of approximately 70,000 Corporation indicated “that the potential metric tons of waste per day has dramati- impact of tailings disposal in a river cally exceeded the assimilative capacity of environment was an unacceptable practice the Ok Tedi and Fly river systems. Ok Tedi’s for the company.” BHP has also made legacy (and the operators’ exposure to commitments to not invest in future mines liability claims) will continue for the that would use the practice. majority of this century, long after the mine’s closure, which is anticipated to occur Riverine tailings and waste-rock disposal has in the next five to ten years. been adopted as the technology of choice in a variety of locations in the Asia-Pacific Placer Dome’s Porgera mine dumps about region. The attraction is simple: dumping 37,000 metric tons per day of tailings and waste into rivers is undoubtedly cheaper waste rock into the Porgera and Strickland than waste storage in tailings dams and River. Porgera has not had the same permanent waste-rock dumps. In areas physical impact as Ok Tedi, owing to the prone to earthquakes, with steep topography lower levels of waste and the higher levels of and high levels of rainfall, such as the island streamflow through the Strickland system. of New Guinea, riverine disposal has been Overbank deposition of mine-derived chosen as the lowest-cost waste-manage- sediments has occurred and local communi- ment solution by mining companies and ties remain concerned as to possible health government regulators determined to see and environmental impacts. mines in such locations proceed. Less well known to the general public, until While simple cost-effectiveness in terms of the recent opening up of the Indonesian mine operations might be realized by political system, is the Freeport/Rio Tinto riverine tailings disposal, recent experience Grasberg mine. In scale, Grasberg dwarfs the indicates that those benefits can be out- Ok Tedi and Porgera operations. Licensed weighed by the costs associated with the to dump 300,000 metric tons per day into Photography by Stephen D’Esposito by Stephen Photography resulting environmental and social impacts the Ajkwa River system, Grasberg has been Top to Bottom: Because riverine tailings disposal has devastated forests in and damage to company reputation. recently ordered by the Indonesian govern- the area, BHP is experimenting with dredging to clean up the ment to cut back to approximately 200,000 pollution on the Ok Tedi river. BHP’s Ok Tedi mine in Papua New Guinea metric tons per day, following a recent Where mine waste and a river meet, the Strickland River, has had the highest public profile of the waste-rock landslide into Lake Wanagon and Papua New Guinea. mines using riverine waste disposal due to the deaths of four people. The Strickland River, Papua New Guinea. the significant environmental problems caused by the mine. But, concerns have also Like Ok Tedi, Grasberg’s disposal of waste A forest devastated as a result of riverine tailings disposal. BHP, owner of the Ok Tedi Mine in Papua New Guinea, has been raised about Placer-Dome’s Porgera rock and tailings is massively in excess of the pledged to stop the practice at future mines.

4 MPC News Mine waste from BHP’s Ok Tedi mine in Papua New Guinea chokes the Ok Tedi and Fly rivers.

Trucks prepare to dump mine waste directly into Papua New Guinea’s Strickland River.

This used to be a thriving river, but the assimilative capacity of the receiving companies have recognized that riverine practice of dumping mine waste directly environment. The mine is burying a large tailings disposal is a method well past its into rivers has ravaged this corner of Papua area of tropical lowland rainforest and “use by” date. Companies like WMC and New Guinea. mangroves and its potential impacts on the BHP have accepted that it is a practice that adjacent marine and coastal areas have yet to will no longer be tolerated by society, be properly assessed. While the company including local communities and their and the government have begun this latter investors, insurers and staff. task, it is patently regrettable that this research was not done prior to approval and WMC Resources announced its decision to operation of the mine. The results of the foreswear further investment in mines research will simply describe the anticipated requiring riverine tailings disposal at the impacts. The volumes of waste already Minerals Council of Australia 1999 Environ- entrained in the river system are so large mental Workshop. In its Environment that little can be done to mitigate the Progress Report 1999, the company said that impacts over the short term. Even immedi- it believed “… the potential impact of ate closure would see the mine wastes tailings disposal in a river environment was Where the forest stops, the Ok Tedi pit begins. impacting the environment for many years. an unacceptable practice for WMC.”.

While important, all the other environmen- BHP’s board recently endorsed the following tal impacts of the Grasberg, Ok Tedi and policy: Porgera mines are largely irrelevant relative to the impacts of the tailings and waste rock “BHP will not commit to a new mining disposal. As an independent review of the project that disposes of waste rock or Grasberg operation in 1999 by environmen- tailings into a river. tal management auditors Montgomery Watson revealed, Freeport has competent This position does not apply to: environmental management systems in ■ The disposal of waste rock and tailings place. But it must be said that such systems materials in conventional waste rock are exceptionally marginal in their ameliora- dumps or tailings dams which may be Dumping tailings directly into rivers fills tion of the impacts of throwing 200,000 constructed within the catchment of a them with mine waste. It is a practice that is metric tons of waste a day into the river. river system where such structures are illegal in many parts of the world and designed to retain and store the waste should be illegal everywhere. Today, downstream communities, NGOs materials. and some of the world’s major mining C O N T I N U E D O N P A G E 6

Winter 2000 5 Locals search through waste rock for gold at Placer Dome’s Porgera Mine in Papua New Guinea.

Rivers Are No Place for Mine Waste, C O N T I N U E D F R O M P A G E 5 ■ Discharge of water from tailings dams or acknowledging that riverine tailings and That is, once Ok Tedi, Porgera and waste rock dumps (of a quality acceptable waste disposal has no public support. It Grasberg have closed, there will be no more for downstream beneficial uses)” would be a sign of good faith to the broader such mines. community if other companies each The author is aware of at least two other immediately endorsed a policy similar to Such a policy would open the way for major mining houses contemplating similar that of the BHP board. community engagement in debate over policy announcements. deep-sea tailings and waste disposal, a Because of the critical national and local practice the industry has adopted but is If the mining industry is to win back economic and social importance they have viewed with reservations by many. community confidence, individual assumed, it is highly unlikely that Ok Tedi, companies and the industry’s associations Porgera and Grasberg will immediately be For further information please contact must act decisively on the issue. In the closed. A policy that meets the broader Michael Rae, Program Leader – words of one industry insider, this issue is a community goal would be to ensure that Resources Conservation, WWF-Australia “no brainer.” It is obvious that the mining the existing mines using riverine tailings at (03) 9853 7244 industry must abandon the practice, and waste disposal are the last of the breed.

We also firmly believe that progress comes are Placer Dome, Newmont, Freeport-McMoran, through action. While research and analysis are Barrick, Phelps Dodge and others. important, they are not a substitute for concrete Take The Pledge, steps and real commitments. That’s why in July Dumping mine waste directly into rivers is a of 1999, MPC called on mining companies practice that is outlawed in most developed worldwide to begin to take a number of countries. Yet, in what amounts to an environ- NO MORE OK TEDIS immediate steps toward more responsible mental double-standard, mining companies An MPC Perspective mining. In our report, 14 Steps to Sustainability, sometimes engage in the practice in the we identified a clear, concrete action plan that if developing world, where strong national adopted would put the industry on the right safeguards may not exist. Anyone who needs By Stephen D’Esposito track. proof that this practice can have devastating MPC President results should visit the Ok Tedi and Fly rivers in One of those concrete steps was a call for an end Papua New Guinea, where pollution from BHP’s In the last few years many in the mining industry the unacceptable practice of dumping mine Ok Tedi mine has devastated the river system. have begun to talk about sustainable mining. waste directly into rivers. Since July, we have This has led to debates about whether mining teamed up with partners around the world such It’s time to end the double-standard. It’s time for can, in fact, be sustainable, and if it can, what as WWF Australia, Mining Watch Canada and the mining companies to take the pledge to prevent constitutes sustainable mining. Here at MPC we Environmental Mining Council of British pollution problems like those at Ok Tedi. Those actually prefer the term “responsible” mining. Columbia to push mining companies to take this mining companies that do will get the credit Accepting that some mining is necessary, the pledge. Two have recently made such a they deserve. Those that don’t are likely to come critical environmental and social question commitment for future mining operations. They under increasing international public pressure as becomes whether to mine and if so, how to mine should be commended. They are BHP and citizens around the world unite to ban this in a responsible manner. Western Mining Corporation. Next on our list destructive mining practice.

6 MPC News Campaign Reports C O N T I N U E D F R O M P A G E 1

of mining on Interior Depart- No Road to Mine, Min- irresponsible mineral develop- approve the moratorium, ment managed lands. A ing and the Roadless ment. The draft rule also mineral-rich public lands will similar set of regulations Initiative ignores the Forest Service’s not be sold to private interests at govern mining on Forest In July, MPC and a coalition of authority to regulate mining- 1872 prices. Service managed lands. environmental groups submit- related activities in national ted comments to the Forest forests and thus appears to give Mining Tops EPA’s The need for stronger regula- Service in support of the mining claimants carte blanche Toxics Polluter List tions is long overdue because Clinton administration’s draft to build roads for mining. The In May, the U.S. Environmental new mining practices have roadless initiative. The mining law doesn’t require that Protection Agency published its outpaced the old regulations. initiative proposes to prevent the Forest Service approve road Toxics Release Inventory (TRI), For example, since 1981, the new road building in 43 million construction to service a valid under which industrial facilities use of cyanide to process gold acres of inventoried roadless mining claim. Our comments are required to annually disclose ore has become prevalent in areas in our National Forests, ask for a final roadless rule that to the public their toxic releases the industry. This has providing them with lasting requires a mineral claim holder to the air, land and water. This dramatically increased the protection. While our com- to demonstrate the validity of marked the first time that the environmental risks posed by ments support the overall goal his or her claim before mining hardrock mining industry was such mining operations. The of the roadless initiative, they and any associated road required to report its toxic waste old regulations do not address focused on the initiative’s building can begin. It also calls releases under TRI. It found cyanide process mines. In treatment of hardrock mining. for the Forest Service to that the hardrock mining response to this growing Specifically, the proposed acknowledge its authority to industry released 3.5 billion regulatory gap, in 1997, initiative ignores a basic tenet limit mining in roadless areas. pounds of toxic pollution in Interior Secretary Bruce of the 1872 Mining Law – that The Final Environmental 1998, almost half of all toxic Babbitt directed the BLM to rights under the law are Impact Statement (EIS) for the pollution (7.3 billion pounds) update its mining rules. contingent upon the discovery rule will be released in mid- released in the U.S. in that year, of a valuable mineral deposit. November and the publication making it the nation’s largest For years, industry backers in By not explicitly requiring of the final rule is anticipated toxic polluter. These releases the Senate have been delaying mining claimants to demon- for mid-December. include dangerous toxins such as the implementation of these strate that they have a valid cyanide, mercury, arsenic, lead new rules. This year, however, claim before they are permitted Patenting Moratorium and cadmium. MPC and other is different. This year, the to mine, the draft rule leaves Extended environmental groups and local Clinton administration, with otherwise protected roadless In October, Congress and the communities affected by mining strong support from environ- areas needlessly vulnerable to Clinton administration renewed have been able to use the TRI mental and taxpayer groups, the patenting moratorium data in promoting a needed threatened to veto the entire through the next fiscal year (FY strengthening and reform of Interior Department funding 2001). The moratorium state and federal mining laws. In bill if roadblocks to stronger temporarily halts the patenting Nevada, for example, the TRI mining regulations were not of new mining claims under the reports exposed massive removed. 1872 Mining Law. According to mercury air emissions at many the 1872 Mining Law, anyone gold mines. For more informa- What does all of this mean? It who discovers a valuable mineral tion on TRI, contact MPC for its means environmental perfor- deposit on open public lands has TRI Toolkit or download the mance standards that should an automatic legal right to claim toolkit from our web page at help keep our water clean, pre- and mine that land. The holder www.mineralpolicy.org. paid environmental bonds that of such a claim also has the right require mining companies to to patent, or purchase, title to the A Good “Good guarantee mine cleanup before land and minerals for $2.50 to Samaritan” is Hard mining begins, and protection $5.00 an acre. Federal agencies to Find of environmentally and must permit the sale, even if the On its face, allowing “good culturally sensitive areas from Toxic seed packets proposed mine is not environ- Samaritans” to cleanup up the worst mine proposals. If dropped to press and mentally or fiscally sound or is abandoned mines is a good idea. enacted, the rule would likely Senate offices. The packets, located in an ecologically But the idea becomes more serve as a template for an signified an anti-environ- sensitive area. The moratorium complicated when the “good update of Forest Service rules mental mining rider – a was first passed by Congress in Samaritans” turn out to be some for mines and mine proposals toxic seed – planted in the 1994. It must – and has been – of the same mining companies on Forest Service managed agriculture spending bill. renewed annually ever since. As public lands. long as Congress continues to C O N T I N U E D O N P A G E 12

Winter 2000 7 Every picture tells a story. But so do the people behind the photos. Every day, across the country and around the world, local Mines on Film heroes step up and carry the banner for common-sense mining-law reform. They give their time and effort, often thanklessly. What motivates them? The desire to ensure that their grandkids will have clean water and pristine places. They want to preserve the wonders of their surrounding environment so that they can be enjoyed by future generations. Photos Tell Poignant Stories of Everyday Struggles Against Recently, we asked you to send us your mining photos. We expected pictures of torn up land and ruined streams. We got Irresponsible Mining those photos, but we also got so much more. So many of the photos we received were of beautiful places, not yet scarred by mining. Some were photos of places local By Chris Cervini heroes had toiled to save. Some were pictures of places where the battle is not yet won. Yes, we received the dirty MPC Media Director pictures, but we were also reminded of what we’re fighting to protect and why reforming the 1872 mining law is so important.

We were inspired. Not just by the pictures, but by the people behind the pictures. Those fighting irresponsible mining. Here are the photos and stories of people who, bit by bit, are working to keep our special places special.

The rock is known as the Josephine Ultrama- You see, the rare soils that allow such fic Sheet, or Josephine ophiolite, and its fantastic plants to grow are highly mineral- unique chemical composition combined ized. This means mining interests, particu- with as much as 120 inches of annual larly nickel laterite and placer gold miners, precipitation has given rise to a menagerie of would love to sink their earth movers into rare and beautiful plant life. It’s this exotic the mineral-rich rock. beauty that sets the Siskiyou National Forest apart. Over the past years several local and national groups – including MPC, the Siskiyou “This area has incredible biological values,” Regional Education Project, the Western Ullian said. “It has scientific values in Mining Action Project and others – have spades.” been fighting to protect the area from nearly 6,000 mining claims. One such plan, the Ullian points to straight-out-of-science- Nicore Project, would have resulted in 16 fiction-looking Darlingtonia serpentine fens crossings of fragile streams in the area. and other rare plant species that also, Fortunately, hard work on the part of because of their rarity, might be nourishing conservation groups stalled the project and as yet unknown insect species. the Forest Service recently rejected an appeal by Nicore which disagreed with a Forest “The insect pollinators of these rare plants Service decision that it must test for nickle might be just as rare as the host plants,” using helicopters rather than have big trucks Ullian says. She added that Rough and trudge through the area. The strange and beautiful plant life of Ready Creek watershed is also critical habitat the Siskiyou. for salmon and Steelhead trout. But the final battle won’t be won until the Nicore mine proposal is defeated, the entire Barbara Ullian But the source of all this scientific and area is withdrawn from mineral develop- A Tour Through the Siskiyou aesthetic value – the rare rock foundation ment and permanent protection is achieved that this biological jewel is built on – could – something Ullian and the Siskiyou’s he beauty of Rough and Ready Creek also be its undoing. defenders are striving toward. is timeless. That’s because the rock T that it flows over is some of the oldest and best-preserved areas of exposed oceanic crust in North America.

So, when Siskiyou Regional Education Project Conservation Director Barbara Ullian calls this scenic corner of Southwest Oregon “very old,” she means it.

Rough and Ready Creek meanders through the Siskiyou National Forest.

8 MPC News Gene Sentz Where the Plains Meet the Mountains – Protected

choolteacher and backcountry guide Gene Sentz’s soft-spoken demeanor S masks the magnitude of what he helped accomplish.

With the help of several groups and countless individuals – including MPC, the Montana Wilderness Association, the Montana Environmental Information Center, the Wilderness Society and the Natural Resources Defense Council among others – Sentz and his family spearheaded a campaign which culminated in a mineral withdrawal of more than 400,000 acres of Montana’s Rocky Mountain Front.

But, the effort to protect the front began with more of a whimper than a roar.

“We started by sending out about 40-50 Breathtaking vistas of the Rocky Mountain Front letters, alerting people to the problem and asking for help, and (MPC Alum) Will Patric called me back – he was the only one The Rocky Mountain Front is where mile- And it’s a place where Gene Sentz, his family to respond.” high plains meet the mountains. It’s a place and others made a stand against mining of stunning vistas, a land where bear still interests. Sentz said Patric helped him get a grant for regularly come down from the mountains a computer and a copying machine and to bask in the plains. C O N T I N U E D O N P A G E 10 from there the effort took off. Through letters and action alerts the word spread, and with it, the coalition to save this bastion of spectacular views and wildlife.

Sentz said the letter-writing campaign prompted a visit from a Forest Service official to see what the fuss was all about.

“We hear he said it was one of the most beautiful areas he had seen in his life,” Sentz said.

In 1999, after an almost four-year cam- paign, the Forest Service granted the mineral withdrawal pending an Environ- mental Impact Statement which is due out soon. Sentz said the forest Service received 1,500 comments on the EIS, with about “99 percent” favoring the withdrawal.

“It was quite a big fight to keep this place as undeveloped as it is,” Sentz said. “It’s just about as wild as wilderness.” Where the plains meet the mountains on the Rocky Mountain Front.

Winter 2000 9 C O N T I N U E D F R O M P A G E 9 “This place in an environmental gem,” to describe these people. They just have no Richard Cargill Cargill said. “There are just two miles of the respect.” The Power of a Watchdog with a St. Vrain Valley left and they want to mine Camera the whole thing.” And that inspires Richard Cargill and the St. Vrain Watchdogs to take mining interests to ot too long ago, a member of the Much of Cargill’s ire is reserved for LaFarge, one task whenever or wherever the local St. Vrain Valley Community of the largest aggregate companies in the world. environment might be sullied. N Watchdogs in Colorado spotted something fishy in a local river. “We have a geological treasure in Boulder “People pressure puts pressure on these miners,” County, Colorado and they don’t care,” he said. “Now they know we’ll be watching and The watchdog saw that a portion of the Cargill said. “I don’t have enough adjectives we’ll call the state to blow the whistle.” gentle river was agitated and discolored.

Mines on Film Going up river, he noticed that the cause of the agitated and discolored water was a Pollution from a mine site discharged discharge pipe pumping mine waste from a directly into river, St. Vrain Valley, nearby open-pit gravel operation directly Colorado. into the river.

From that point, the course of action was clear, said Richard Cargill, another member of the St. Vrain Watchdogs.

They took pictures, called the state and in about a month the pipe was gone.

Cargill says the aggregate company, Goldens, was cited for violating the Clean Water Act and that employees were required to take educational programs about water pollution as part of the company’s compliance.

But, such quick action did not come without a cost. Cargill said that a few weeks after the incident he received an angry call from the company’s environmental control officer. “He called and accused me of being hysteri- cal and an eco-terrorist,” Cargill said. “Do you believe that? He was the environmental control officer for the company.”

But, this was not the first time Cargill ran into such attitudes.

He has been accused by his enemies of having a “dust phobia” because he has tried to get the local mining companies to reduce their fugitive dust emissions.

“They also said I was using my educational background to ‘spread chaos and terror,’” Cargill said, quoting from a letter.

But it will take more than angry posturing to stop Cargill in his effort to protect his beloved St. Vrain Valley.

10 MPC News Brown’s Gulch shows the scars of on-again off-again mineral exploration.

Bill McGinnis McGinnis is no stranger to tangles with McGinnis, who had been a rancher for 50 A Fight on Two Fronts mining companies. He battled copper years, will soon be retiring. But retirement interests in Arizona throughout much of the does not mean a ticket to the golf course. He illiam McGinnis says it’s the ’90s when they threatened his land there. He and his wife are thinking about setting out to “dreams of gold” that drive got the last laugh in that battle, though, by travel and document the disasters allowed by W prospectors to the mineral donating and selling his land holdings in the 1872 mining law. rights under his land in Montana. Arizona to the Nature Conservancy – essentially locking out future developments “I say this law is a crime and it needs to be He says they always have a little bottle of gold and mining operations. exposed,” McGinnis said. “We need to get it to that they pull out to show wary investors. the public.” “How they convince people to put money in this I have no idea,” he says. “They talk a good story, I guess.”

McGinnis has been living with the aftermath of those glittering stories and empty promises since he bought his Montana property in 1977.

He’s seen a long trail of two-bit miners and fly-by-night mining companies go up near his land, foul it and then leave their equip- ment to rust and leak oil near his property. Central to McGinnis’ many fights with irresponsible mining is the 1872 law which allows such reckless activity to go on.

“We had visitors come and take a look and they were appalled. They said, ‘they can’t do this,’ and I said, ‘yes they can.’ It’s all because Dormant scooper poised to chew the earth. of that law.”

Winter 2000 11 Campaign Reports C O N T I N U E D F R O M P A G E 7

that caused the pollution in the During the just completed 106th believe they will be held produce an ad rather than a first place, or when those doing Congress, MPC testified on a bill responsible for the pollution poster. We ran Dave’s ad in the the cleanup hope to gain ( S. 1787), introduced by Senator that they are unable to clean up. New York Times on September exemptions from the Clean Max Baucus (D-MT), known as 15th (See page 3). On September Water Act. Mineral Policy the Good Samaritan Abandoned “Just making it better isn’t 18th, the rider we were fighting Center, the Western Organiza- or Inactive Mine Waste much of a goal,” asserts Cathy was stripped from the Depart- tion of Resource Councils, the Remediation Act, that would Carlson, Mineral Policy ment of Agriculture appropria- Western Mining Action Project allow state agencies to obtain a Center’s Policy Adviser. “The tions bill. and other partner groups have “good Samaritan” permit from states need to be held account- been working to promote the the U.S. Environmental able for their efforts.” There Shame Can Clean actual cleanup of abandoned Protection Agency for efforts to also is no penalty for making Rivers mines by those who truly are improve water quality at the pollution worse at the site. In most developed countries, “Good Samaritans” and prevent abandoned mines without being While this is clearly not dumping mine tailings directly such a program from being required to meet water quality intended in the “good Samari- into a river would be illegal. But, used by mining companies and standards at the sites. State tan” efforts, it may be an this is not so in some developing others as a ruse to escape agencies do not want to unintended consequence of a countries. Despite the fact that cleanup liability. participate in cleanup activities poorly designed or executed many mining-company officials at abandoned mines when they project. claim to follow the same “high” environmental standards This invoice on behalf of all American taxpayers was deliv- Just Say No to worldwide, this pledge doesn’t ered to congressional and press offices during the rider Polluting Mines seem to stop them from treating fight this fall. It bills the National Mining Association for $1 MPC has intervened along with rivers as their sewage systems. billion in mine cleanup costs. A recent National Wildlife Fed- the Sierra Club in a suit to MPC, WWF, Mining Watch eration report found that taxpayers are potentially on the support the position of the Canada and others have decided hook for $1 billion in cleanup liability at today’s mines. Department of the Interior that to shame them into changing it has the authority to deny an their behavior. So far BHP and open-pit gold mine proposed Western Mineral Corporation by Glamis Gold, Inc., in the have agreed to stop the practice. California Desert. Our And the campaign hasn’t even position under the Federal heated up yet. Land Policy Management Act (FLPMA), which requires the The Romanian government to prevent “undue Cyanide Spill’s degradation” of public lands, is Ripple Effect that the mine can and should Remember the cyanide spill be denied. If successful, this that took place at a mine in would be the first time that Romania earlier this year? We FLPMA’s “undue degradation” helped generate coverage on clause was used as a counter- CNN, CBC, the front page of weight to the pro-mining bias The Washington Post, and The of the 1872 Mining Law. New York Times. The spill ravaged a 250-mile stretch of It’s Ad-ing Up the Danube River and it’s still Two years ago David Loew, an having a ripple effect. We’ve ad agency executive, volun- used the spill to raise the teered to help a community question, could it happen here? group in Arizona stop a mine Turns out it could. Federal proposed in the scenic Santa officials have compared the Rita Mountains. Dave pro- conditions at the Grouse Creek duced some provocative posters mine in Idaho to those in and the community group won Romania. A massive lake of its fight. Earlier this year, Dave cyanide-laced water and sludge called and offered to produce a carrying heavy metals could poster for us. We took him up overflow at any time and on his offer, but decided to pollute the Salmon River, a

12 MPC News breeding ground for endan- should strictly enforce the 1872 mining should be an environ- and gaping holes and enforce- gered trout and salmon species. Mining Law and should not mental bond that requires ment problems with state and Just five years ago the Grouse permit mining companies to mining companies to guarantee federal regulations – making it Creek mine was touted by then use public land illegally. In an cleanup funds up front so that clear that strong bonding rules Governor Cecil Andrus as a effort to enforce the law and the taxpayer doesn’t get hit with need to be implemented and state-of-the-art facility. The protect water resources, MPC, the cleanup bill after the mine enforced. culprit in this story – as you Great Basin Mine Watch, and closes. MPC is supporting might have guessed – the 1872 the Western ShoshoneTaxpayer Defense Fundedcampaigns in western Mine states Cleanups,Contributors: Alan Septoff, Mining Law. Project are contesting5 Easy Placer Steps!(Nevada, Montana, Colorado, Stephanie DeMoss, Cathy Dome’s use of mining claims at Idaho and New Mexico) and Carlson, Stephen D’Esposito The Mining Law the proposed expansionShift theof the burdennationally of to paying require strong for cleanup onto Doesn’t Work for the South Pipeline Projecttaxpayers! in Othersenvironmental do bondsit and at all you can too! Environment, or for Nevada. A win might force the mines. A recent National Reform Barometer Mining Companies industry into a position where Wildlife Federation report For years the U.S. government it would dislike the mining law exposed a $1 billion bonding O N T A R G E T was turning a blind eye to the as much as we do. The Western gap, the difference between mining industry’s use of public Mining Action Project is current bonds and what BHP and WMC agree to lands for illegal mine waste representing MPC and its allies cleanup is likely to cost, in 13 ban mine-waste dumping dumps. That changed due to in the appeal to the Interior western states. MPC expects in rivers. pressure from environmental Board of Land Appeals. this gap to grow. Since the and community groups and a report was issued we have Clinton-Gore stand up to ruling by DOI Solicitor John Pay Now, Mine Later discovered that there are now mining industry, issue Leshy. Leshy ruled that DOI One of the preconditions of 36 bankrupt mines in Nevada strong new mining rules. BLM recommends no mine in California desert. Sign our petition in support of compre- hensive reform of the Call Action: 1872 Mining Law N E U T R A L Stuart L. Udall, former Billion dollar agreement to Secretary of the Interior clean up Iron Mountain and founding board chair, Mine, the cleanup’s 2 was the first signatory to needed but this should be our petition. We have since a lesson. Petition to Reform the 1872 Mining Law received hundreds of signatures, but we need resident: N E E D S F I X I N ’ To Congress and the P more. If you haven’t signed en away over $240 billion taxpayers have giv or Since 1872, U.S. als to mining companies f on, please do. , silver and other miner e than worth of gold ve left us with mor Placer Dome, Rio Tinto and Mining companies ha ost a return of $0. ould c others hedge on 500,000 abandoned mines and a cleanup billeaways that c and protect It is time to end the giv taxpayers $70 billion. protecting rivers. . To sign, visit our Web site, our environment ws including eform of our nation’s mining la www.mineralpolicy.org, We want environmental r e giveaways of public yers, an end to $5-an-acr and click Take Action! You a fair royalty for taxpa ortant places from etion to protect ecologically imp land, the discr eguards. can also receive the Nevada gold mines ong environmental saf mining, and str ’s outdated petition via fax or mail. Just exposed for massive orts of MPC to reform our nation We support the eff call us at (202) 887-1872. mercury air emissions. mining laws. Also, call your senator or 1. representative and ask them to support mining Mercury spill at 2. law reform! The congres- Newmont’s Yannacocha sional switchboard number Mine. is (202) 224-3121. Thanks!

Winter 2000 13 Community Nuggets

Alaska: Peaks campaign, and all the many local, tribal, state regulators be able to say that they’ve First, is First and national interests that spoke up for these learned lessons from Summitville. For more The Canadian First Nations successfully mountains. For more information call the information contact MPC’s Southwest challenged land claims, jeopardizing the Sierra Club Grand Canyon Chapter at (602) Circuit Office at (970) 382-0421. proposed Tulsequah Chief Mine, a massive 253-8633. operation proposed in one of the few California: remaining untouched places. While located Our Condolences: A Mammoth Win in Canada, the mine could have impacted the On Sept. 14, just as they were organizing a Bill McNeill, recently appointed to MPC’s Taku River which drains into Alaska near celebration for the Save the Peaks Cam- Board of Directors, and his colleagues Juneau. The mine proposal touched off a paign, Sammy James, two of his grandchil- deserve kudos for a well-organized effort to border dispute between the U.S. and Canada, dren and Andy Bessler were involved in a protect one of the most scenic, and with Alaska Governor Tony Knowles tragic car accident near Flagstaff. James’ seismically active, places in the lower 48 criticizing the project’s environmental grandson was killed, and James, Bessler and from a proposed cyanide-process gold mine. assessment and noting that pollution in rivers James’ granddaughter were injured. MPC They formed the Mono County Mining does not respect political boundaries. would like to offer its condolences to Committee to fight industrial-scale mine Sammy James and his family. James and activity in the region. Not only did the Neighborhoods Watching Bessler were two key figures involved the company withdraw its plans to mine this In Fairbanks, two groups continue to closely effort to save the San Francisco Peaks. past August, but the group helped pass a monitor proposals to build open-pit mines county ordinance that will change the way in residential areas. Neighborhood Mine Colorado: mining is, or isn’t, done in the county. Watch and the Northern Alaska Environ- Summitville, Remedial mental Center have been actively involved in Learning Dirty Water – Forever? the public process around Kinross Mining In 1992, the Summitville Mine disaster led At the historic Iron Mountain Mine, near Company’s plans to construct several open- to the death of a 17-mile stretch of the Redding, California, the EPA and the pit “satellite” mines. These open-pit gold Alamosa River in Colorado and an ongoing property owner are learning that forever operations, two of which are proposed Superfund cleanup that is now estimated to could be a long and expensive time. immediately within or adjacent to residen- cost $170 million. It also led regulators and The Iron Mountain Mine, which is one of tial neighborhoods, would cause quality-of- mining-industry officials to say that such a the nation’s most polluted sites, will life impacts, including heavy truck traffic on disaster would never happen again. Today, probably require perpetual treatment of the narrow roads, blasting noise, and threats to they point to Summitville as yesterday’s acid-laden and heavy-metal poisoned water drinking water quality and quantity. The problem. But that’s not because state coming off the site. Property owner, Aventis, mines are largely on state or private land regulators are enforcing the law at other recently promised to put up $514 million to and, unfortunately, Alaska laws provide few large mines in the state. Just like Sumitville, treat the water beyond 2030 as part of a meaningful opportunities for the public to these mines are not fully bonded for long- historic settlement deal with the EPA. be involved in the decision-making process. term water treatment. In late September, This prompts the question: Can $514 Regardless, both citizen groups have vowed MPC and the Sierra Club gave the Cripple million last forever? Because that’s about to insert themselves into the process, making Creek & Victor mine, the largest metal mine how long it will take to clean the polluted sure local voices are heard when such a in the state, notice of our intent to sue the water coming off of the site. project, which presents a long-term threat to company for repeated violations of the community safety, is proposed. For more Clean Water Act. We want the mine to be Montana: information call (907) 452-5021, or e-mail fully bonded, only then will companies and Good Neighbors [email protected]. At the Stillwater Mine in Montana, a platinum- Don Zobel of palladium mine, the mining company and Arizona: the Citizens for community groups agreed, after years of A Fashionable Win for the Preservation of negotiations, to a series of safety and environ- Environment Boulanger Aimee Powers Gulch mental measures that were beyond those In September, the Department of the Interior and Pinto required by law. Thus proving that concerted and the Forest Service protected the San Creek. Zobel citizen action makes a difference. The ultimate Francisco Peaks in Arizona from an existing and concerned success of the agreement, however, will depend pumice mine. Pumice is used primarily to citizens like on the mining company’s willingness to invest stone-wash jeans. As part of the deal the him are doing the time, money and expertise to implement government agreed to buy out the interests of what Congress the needed technology and practices to reduce the mining company. This deal also clears the doesn’t: saying impacts to the environment. With cautious way for the full withdrawal of 74,000 acres of no to mining optimism, we are hoping that this agreement the San Francisco Peaks from mining activity. companies. will result in a new model for responsible Congratulations to the Sierra Club’s Save the mining and meaningful community involve-

14 MPC News Aimee Boulanger Aimee otherwise have been underground. A before being granted the right to mine public Cumulative Impact Analysis, issued this past lands, yet the land-managing agencies seldom summer by the BLM, revealed that more than require a showing of “discovery.” The October 200 springs and seeps – critical water sources 6th denial of Nicore’s appeal acknowledged that for wildlife in an area with few perennial “the apparent lack of a ‘discovery’ has been one streams, may be affected. Several perennial of the factors the Forest Supervisor considered streams are predicted to stop running for in making his decision.” several months annually for a period of up to a Former Forest Supervisor Mike Lunn’s August hundred years after the mines close – and the 4, 1999, Record of Decision for the Nicore Humbolt itself will either be reduced to a plan’s environmental impact statement not trickle, or even dry up at times, for the same only required the mine proponent to demon- 100-plus years. For more information on this strate that the mining plan will work but also serious problem, contact Dan Randolph at stipulates that the ore must be removed only by Mitchell Capitan of Eastern Navajo (970) 382-0421 or Tom Myers at (775) 348- helicopter – an acknowledgement of the Dine Against Uranium Mining, 1986. Crownpoint, New Mexico. Capitan and sensitive nature and exceptionally high water his group have been working for New Mexico: quality, botanical and ecological values of the years to stop a proposed uranium Rough & Ready Creek area. Lunn wrote, Molycorp to Clean Up its Act? “[j]uxaposed with the deleterious impacts of mine on the southeastern edge of the The Molycorp molybdenum mine near Navajo Nation in New Mexico. road development and mining in an area of Questa has been a source of air and water incredible natural values is a mining proposal pollution for more than 30 years. Molycorp, that is seemingly uneconomical and specula- ment in the oversight of the mine. For more and its parent company, Unocal, had always tive.” For more on the Siskiyou, see Mines on information contact MPC’s Northwest Circuit denied any problems and refused to take Film in this edition of MPC News. Office at (406) 585-9009. serious measures to reduce the pollution. This past August, after years of pressure International Nevada: from citizens’ groups, Molycorp agreed to Peru: A River at Risk post a $129 million water-quality reclama- tion bond. This is an important step Citizens Wary after Mercury The Humbolt River runs from the very Spill northeast corner of Nevada to the Humbolt because it may set a precedent for other large mines in the state and allow regulators At first those living near Newmont’s Minera Sink in west central Nevada, some 300 miles Yanacocha, South America’s largest gold away. If its basin was a separate country, it to put teeth into the state’s mining law – which is strong on paper. mine, welcomed it because of the jobs it would be the third largest gold producer in the brought. world. In the semi-arid lands of northeast Nevada, the river is important to the threat- Oregon: Now, many people living near the mine ened Lahontan Cutthrout Trout, wildlife, and Ruling Stymies Nicore Proposal know what so many communities in the the agricultural economy of the region. Yet, In an Oct. 6 decision, the Forest Service western United States know: the environ- many of the large mines in the basin are denied the Nicore mining proposal’s appeal mental costs of such a mine can sometimes mining below the groundwater table, necessi- of the Siskiyou National Forest’s decision to far outweigh economic benefits. require the miner to conduct a bulk sample tating pumping of the groundwater to lower it In early June, a mercury spill near the mine prior to approving any plan for full-scale below the mines. As a result, the current water contaminated homes and sickened more mining in the Rough & Ready Creek flow of the Humbolt and some of its tributar- than 400 people. Also, many locals complain Watershed and the South Kalmiopsis ies is higher than what is natural. In 20 or 30 of acidic water coming off the mine and Roadless Area. years, when the mines shut down and the endangering streams and farmland in pumping ceases, the opposite will be true, the “Though we believe the Forest Service northern Peru’s Cajamarca Valley. river and its tributaries will have less water. As should have denied the Nicore mining plan The mine’s problems have led some to protest the mines pump groundwater they create outright, the decision to require the the mine and even prompted Cajamarca city “cones of depression.” These “cones” are claimant to submit a complete and reason- council members to draft an ordinance localized dry areas in the region’s groundwater able plan is nonetheless precedent-setting aiming to prevent Yanacocha from expanding table. When the pumps turn off, these “cones” for how mining is managed on the National its operations. For more information on refill, reducing the water that flows from the Forests,” said Barbara Ullian, Conservation Minera Yanacocha and the people living in groundwater system into the surface water Director of the Siskiyou Regional Education the Cajamarca Valley contact Project system. In addition, the mines plan on leaving Project, the organization leading the Underground at (510) 705-8981. behind massive lakes in the old open pits opposition to the proposed mine. created by the mines. These pit lakes not only could be huge toxic stews, but they will also The 1872 Mining Law requires that a mining Contributors: Aimee Boulanger, Dan evaporate a huge amount of water that would claimant discover a valuable mineral deposit Randolph, Stephen D’Esposito, Chris Cervini

Winter 2000 15 The People Dig In, C O N T I N U E D F R O M P A G E 1

interpret the 1872 Mining Law to mean that endorsed reform of the 1872 Mining Law bottom of the scenic Pinto Creek Canyon. they must permit a mine. The mining law and put in place strong, countywide Some people felt the area was a prime place was written at a time when the miners’ tools restrictions on destructive mining tech- for a new copper mine. After all, in the were a pick and a shovel. The law was not niques. Montana citizens have enacted a twenty miles between Superior and Globe written to regulate modern mining with its ban on the use of cyanide at new mines, or there were already more than 16 mines and massive open pits and cyanide-saturated ore at mine expansions. Citizens in New Mexico thousands of acres of mining disturbance. piles. Mining today often threatens safe have forced one of the state’s biggest mines However, Pinto Creek and its tributaries – drinking water, healthy fisheries, open ranch to post an environmental bond to fund Haunted Canyon and Powers Gulch – lands, and the quality of life in rural mine cleanup. remained relatively pristine. And Pinto communities. Creek has a year-round stream flow, which is Across our public lands, communities have rare in this arid landscape. The largest of Today, here is what can happen when a said no to polluting mines and mines the open pits to be blasted under Cambior’s mining company comes to town. Big trucks proposed for places that should be pro- plan, the Cactus Pit, would sit in the very rumble down narrow neighborhood roads, tected. bottom of Pinto Creek Canyon, necessitat- lights blare through the night, blasting is felt Despite congressional inaction on mining- ing a mile-and-a-half diversion of the creek in the foundations of local homes, and dust law reform, community opposition to around the pit. chokes the air on windy days. Pristine polluting mines will continue to grow. In mountaintops are crumbled and massive Those who had concerns about the mine’s this article we share with you the stories of open pits scar the landscape. Massive potential impacts were realistic about their some of the community leaders who are quantities of cyanide solution are sprayed on chances of stopping it. After all, this was fighting these battles against long odds and crushed ore to leach out small specs of gold. mining country, Arizona was a mining state, on an uneven playing field. For us the Cyanide or sulfuric acid leaks and heavy and the Tonto National Forest was seen as a moral is clear, it’s time to level the playing metals pollution threatens local streams and mining-friendly agency. With all that, and the field and reform the outdated 1872 Mining groundwater. And when mining is com- 1872 Mining Law’s pro-mining bias, the mine Law. And it’s time that those in Congress plete, what’s left, at best, are waste piles and was a done deal, right? Wrong. got the message. Just as those in communi- scarred landscapes. At worst, a toxic ties across the West are saying no to Eight years later here is where things stand. nightmare. polluting mines, it’s time for a mining law Carlota Copper Company, Cambior’s Why, because the federal government won’t that allows us to distinguish between subsidiary, has received its “go ahead” from reject polluting mines. And Congress has responsible mine proposals and those that the Tonto National Forest, despite a suit been unwilling to modernize this country’s are not – those that would result in damage which MPC and others brought over the outdated mining laws. to the environment, threaten communities, inadequacy of the public decision-making or are proposed for tracts of public land that process. The Army Corps of Engineers has The American people are fed up and, despite deserve protection. granted all its permits, as has the Arizona congressional inaction on mining-law reform, Departments of Environmental Quality and they have taken matters into their own hands. This article looks more closely at just a few Water Resources. Yet, despite all of these Resourceful and creative community leaders examples of where communities are taking a approvals, the project has not gone forward. have begun to say no to polluting mines. stand. Why? They’ve succeeded by employing a mix of media, organizing, political and legal Top of the World, Arizona The technical answer is that a number of strategies. But mostly they’ve succeeded dedicated citizen’s groups realized that The communities near Top of the World, because they’re right. And they’ve succeeded Cambior had not done all of its homework. Globe/Miami to the east and Superior to the despite the 1872 Mining Law. west are mining towns. In Superior, the The deck is stacked against these commu- mines have shut down. It looks like a ghost nity leaders. Multinational corporations town. In Globe/Miami, the mines are either Edie Harmon looking at claim stakes in typically confront them with enormous closed or running on reduced work forces. the Imperial Valley. Harmon and others financial resources and a cadre of scientists, have worked tirelessly to protect the In 1992, Cambior, Inc., a Canadian mining lawyers and technical experts. These experts Imperial Valley from an irresponsible company, came to Top of the World. try to explain why, this time, it will be mine plan. Cambior is notorious for the massive mine different. That this time, the cyanide won’t disaster at its Omai Mine in Guyana, which leak into streams and that the mine won’t devastated a river and ecosystem with create acid runoff. cyanide and acid pollution. Cambior But these are strong, knowledgeable, submitted a plan of operations for a new committed and organized people who care 3,000 acre open-pit heap leach copper mine about the future of their communities. on Forest Service managed lands just northeast of Top of the World, in the In Mono County, California, citizens have

Dan RandolphDan 16 MPC News Mary Mitchell (left) of the Rock Creek Alliance These groups appealed the EPA’s approval of and Aimee Boulanger, the discharge permit, arguing that the proposed MPC’s Northwest cir- project has too many serious flaws to assure cuit rider, at Alpine water safety for the area surrounding the site Lake in the Cabinet and for those who live downstream. Mountains Wilderness. The Rock Creek Alli- The real answer is that while the 1872 Mining ance is fighting mine Law is still essentially unchanged, vigilance plans that endanger pays. Citizens can hold mining companies one of the nation’s old- accountable for following other state and est designated wilder- federal laws when it comes to issues such as ness areas. clean water. While this doesn’t level the playing field, it gives determined citizens a fighting chance. The real answer is that a Miami, Ariz., lawyer, Deborah Ham, thought Pinto Creek was too valuable to risk. She joined a group of other Aimee Boulanger local folks, who called themselves Citizens for the Preservation of Powers Gulch and Pinto used as a tool by Glamis Gold to rollover Protection Act and FLPMA’s requirement to Creek, and reached out to others such as the their interests. These leaders soon realized prevent “unnecessary or undue degradation” to Sierra Club, the Audubon Society, American that the unique cultural and environmental public lands. This opinion stated that Bureau of Rivers, the National Wildlife Federation, the attributes of this land provided them with Land Management local offices could indeed Union of Plumbers and Steamfitters, the White an opportunity to protect it. Their deny the mine. Glamis has filed a lawsuit as a Mountain Apache Tribe and MPC. In 1998 argument was simple but powerful – the result and a decision on the mine is imminent. Deborah unexpectedly died, but the coalition 1872 Mining Law isn’t the only law of the This could be a precedent-setting decision for she helped form continued on with the land. The Federal Land Management communities across the West. It is thanks to the addition of a Phoenix-based group, the Friends Protection Act, passed in 1976, requires the hard work and commitment of the Quechan of Pinto Creek. U.S. government to prevent “unnecessary” Tribe and a woman named Edie Harmon, who and “undue” degradation of public lands. By demanding that the project not only get lives about 60 miles west of the proposed mine They asked the U.S. government to use permits, but that the permitting agencies also site. Edie thought the area to be mined was too FLPMA to protect Indian Pass. In essence do adequate and complete jobs on those special to be destroyed, and as she learned more they were asking that, for the first time, permits, and by continuing to insist that the about the importance of the area to the FLPMA’s requirement to protect public Pinto Creek and Haunted Canyon streams are Quechan people, she enlisted the support of the lands be balanced against the 1872 Mining too valuable to destroy, a bad mine proposal Sierra Club group she was a member of, the Law’s pro-mining bias. They also pointed to remains only a proposal. Western Mining Action Project, MPC and the American Indian Religious Freedom Act others. and the California Desert Protection Act to Indian Pass, California reinforce their arguments. As this is written we are waiting on the Final EIS. Indian Pass is part of the California’s Imperial Again, a single woman and a small tribe have After years of hard work, things began to fall Desert. The area is one of the hottest and driest demanded the right to say no. places in the U.S. Many people would call it into place. The initial Draft Environmental barren despite the ravines filled with ironwood Impact Statement was too weak to with- and palo verde. The area also contains stand scrutiny, and a second draft had to be Cabinet Mountains Wilderness, numerous sites that are sacred and culturally done. The BLM began to heed the pressure Montana significant to the Quechan Tribe. from the Quechan Tribe, and proposed the This little-known wilderness area in northwest area for a mineral withdrawal. The Montana was among the first 10 wilderness In 1989, Glamis Gold, Inc., purchased some Advisory Council on Historic Preservation, areas ever designated in this country. Its mining claims in the area and began the process a national government agency, concluded remoteness has made it a haven for species like of developing a new open-pit cyanide heap that the proposed mine “would effectively the grizzly bear and bull trout, whose habitat are leach gold mine. The proposed mine is destroy the historic resources in the project being lost. Over the last 12 years, a mining immediately adjacent to the Quechan Tribe’s area. The Council recommended “that company named ASARCO, with more than 20 reservation on the California-Arizona border. Interior take whatever legal means available Superfund sites associated with its name (some Leaders of the Quechan Tribe and a Sierra Club to deny approval for the project.” of the nation’s most contaminated sites), proposed to literally undermine the Wilderness activist, Edie Harmon, were unwilling to simply Then, last year, the Department of the in search of veins of copper and silver. Another accept that mining was the best use of this Interior issued an opinion based on the sensitive and sacred land. And they were mandates of the American Indian Religious C O N T I N U E D O N P A G E 18 unwilling to allow the 1872 Mining Law to be Freedom Act, the California Desert

Winter 2000 17 The People Dig In, C O N T I N U E D F R O M P A G E 1

company, Noranda, has proposed to do the small towns and Native American reserva- mine would not be a problem because a large same thing. It is feared that these two tions. Add to this bucolic mix a proposed cleanup bond would be posted was tanta- proposals are likely to be joined and create a mine which would be Washington state’s mount to suggesting that entering a highway vast network of miles of shafts and tunnels first open-pit, cyanide-process mine and you onramp going the wrong direction was safe beneath the wilderness; a “Swiss cheese” have a galvanized public ready to stop it. because the driver has auto insurance. The formation which could “pull the plug” and – mining company – Battle Mountain Gold, The citizens’ group Okanogan Highlands Alli- like a bathtub – drain high alpine lakes. which has recently been bought by Newmont ance formed to fight the mine which threat- – is appealing this decision. The threats posed by these mine proposals ened their landscape, water resources, and go beyond the impacts to wilderness areas. their way of life. The mining company, Battle Leaders like Dave Kliegman of the The community of Sandpoint, Idaho, has Mountain Gold, proposed to literally remove Okanogan Highlands Alliance have come out in strong opposition to the mine a mountaintop, part of Buckhorn Mountain, demonstrated that perseverance pays, even because ASARCO has proposed to leave 100 and then fill the mountain valley with massive when the odds are stacked against you. million tons of mine tailings along the Clark piles of mine waste. The ironically named Fighting bad mine proposals is not an easy or Fork River – tailings which will be left on “Crown Jewel” mine would threaten 5 water- short-term process. Often, the battle to the river bank to leach pollution forever. drainages which feed the Columbia River. protect special places can take decades. Two Two groups, Cabinet Resource Group and Land for the proposed mine is managed by communities, Crested Butte, Colorado, and Rock Creek Alliance, formed to stop this both the Forest Service and the Bureau of several towns and reservations around mine as it is currently conceived. ASARCO Land Management. Crandon, Wisconsin, have fought ill- in 1999 seemed to hand over management The Okanogan Highlands Alliance and the conceived mining proposals for nearly 30 of the mine to a new company, known as Colville Confederated Tribes we’re unwilling years. In Crested Butte, the High Country Sterling. Sterling’s executives have their own to simply yield to the 1872 Mining Law’s Citizens Alliance has doggedly fought a names associated with the now bankrupt “right to mine.” They developed a strategy to molybdenum mine proposal in the fragile Zortman-Landusky mine and the Midnite fight the mine, capitalizing on public opposi- alpine ecosystem surrounding this mountain uranium mine in Washington state, tion, the bullying-tactics of the mining com- town. In Wisconsin, several conservation designated as a potential Superfund site. pany, the threats to valuable water resources, groups, including Wolf Watershed Educa- Rock Creek Alliance has sent a simple but and the company’s arrogant abuse of the gen- tional Project/Midwest Treaty Network and effective message to the government erous provisions of the 1872 Mining Law. Mining Impact Coalition of Wisconsin, as agencies responsible for potentially approv- well as the Menominee and Mole Lake tribal The story made front-page news in Washing- ing this mine. They can and should say “no” communities are now calling on the proposed ton and across the country when the mine to this mine because it would potentially mine’s newest owner (the 5th so far) Billiton to was rejected because it had proposed to use violate the Clean Water Act and the finally drop the proposal. public lands, in violation of the 1872 Mining Endangered Species Act, and because of an Law, for waste dumps. The 1872 Mining Law Despite the reluctance of Congress to inadequate mine Plan of Operations. essentially lets mining companies use public stand up to the mining industry, the public Citizen leaders from the Rock Creek Alliance lands for mining, almost free of charge. But it is unwilling to allow the industry to build are also arguing to the Forest Service that a does not allow mining companies to take either poorly planned mines, or mines in distinction has to be made between the 1872 public lands and use a disproportionate inappropriate places. The American Mining Law’s pro-mining bias and approv- amount for permanent waste dumps. That’s public does not accept that mining is the ing any mine that a company proposes, what Battle Mountain Gold had proposed. highest and best use of our public lands whatever its flaws. While the 1872 Mining Yet when DOI rejected this proposal, Sen. regardless of location, corporation or Law is biased in favor of permitting a mine, Slade Gorton (R-WA) sought to grant a favor accountability. These examples show that it does not require that the government to the company and exempt its proposal from due to the severity and permanence of the permit a mine that would lead to massive the law. The Okanogan Highlands Alliance impacts caused by most modern indus- pollution problems. and the Colville Confederated Tribes stood trial-scale mines, and despite the pro- “The reason this project has taken 12 years strong, however, and with excellent legal sup- mining bias of the 1872 Mining Law, the so far to permit is not simply because of our port from the Western Mining Action Project mining industry is having difficulty activism,” says Mary Mitchell with Rock and technical experts, continued to explain following the laws to which we all must Creek Alliance. “It’s because the company why the mine was not legal – Battle Mountain adhere: the Clean Water Act, the National has stubbornly refused to propose a Gold had proposed to use water that they Historic Preservation Act, the Endangered responsible plan, do the needed background didn’t have a right to. The state’s Pollution Species Act, and the National Environ- data research, and show accountability to Control Hearing Board, in reviewing an ap- mental Protection Act. And even as reclamation.” peal of a state permitting decision, concurred Congress fails to act, the American public and reversed its own state agency’s decision. demands that this industry be brought Okanogan Highlands, Washington It agreed that both water-quality and quantity into balance with other uses and values of Eastern Washington’s rolling rural agricul- issues were not resolved. The board also public land. It is time that the lawlessness tural landscape is home to apple orchards, found that the company’s assurances that the of the gold rush finally end.

18 MPC News Membership News

A Message from Kimberlee Dinn, MPC’s Development Director WAYS TO GET Your support is critical to our success. THANK YOU for your continued donations, calls to the White House and Congress, sending letters, signing petitions and WHAT YOU NEED for spreading the word. I am encouraged and inspired by your commitment. I grew up in southern Colorado and know the struggles western communi- FROM MPC ties face in their effort to protect special places from irresponsible mining. Like you, I am committed to 3 seeing the 1872 Mining Law reformed. #1. BECOME A MEMBER I look forward to exchanging ideas and finding out and get our newsletter, MPC News. what MPC can do to better serve you. This winter, I am introducing a new monthly donor program that will lower administrative costs, paper waste and ensure that more of your money is going directly to #2. Check out our WEBSITE at program work. Please take a minute to fill out the WWW.MINERALPOLICY.ORG brief survey stapled to the center of this newsletter for reports, photos, and more. and I will send you additional information about how to maximize your gift to MPC.

Thanks for your continued support, #3. CALL US at (202) 887-1872. Kimberlee Dinn The voice mail system saves us money. To speak to someone, 202.887.1872 x204 just dial “0”. If we’re in the office, we’ll pick up! [email protected]

You can help Mineral Policy Center even more when you Monthly become a monthly donor. You’d be surprised at how much impact $5 to $15 a month will have. And we guar- Donor antee you can cancel or change your monthly amount at any time. It’s easy. Just send in the enclosed reply form at Program the center of the newsletter for more information.

How to Become a Member Send in the envelope stapled into the center of this newsletter or give us a call (202) 887-1872 x204. Soon it will be possible to give via our website. Thanks Many thanks to all of you who renewed your MPC membership. A sincere welcome to all those new members who responded to our fall membership drive!

Winter 2000 19 P r o t e c t i n g C o m m u n i t i e s a n d t h e E n v i r o n m e n t

MPC newsnews

W H A T ’ S I N S I D E The People Say No to 1 Polluting Mines Rivers Are No Place for 4 Mine Waste 8 Crusaders with Cameras 14 Community Nuggets

Esposito

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Stephen D Stephen

Digging for Gold in Papua New Guinea Local Porgerans in Papua New Guinea dig through mine waste in search of small amounts of gold at Placer Dome’s Porgera Mine. Health officials are concerned because the Porgerans often process the ore in their huts using mercury. The practice can lead to significant health problems for them and their families.

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