Menominee Tribe Loses Appeal On Back Forty Mine Lawsuit

Panel Says Matter Is Left To Michigan And State Court

A federal appeals court panel told a Wisconsin tribe this week it can’t review a decision by two federal agencies that reinforced Michigan’s permitting authority over a proposed mine on the Michigan-Wisconsin border. 

The Menominee Indian Tribe of Wisconsin filed a lawsuit against the U.S. Environmental Protection Agency and Army Corps of Engineers in 2018 after the agencies failed to address the tribe’s concerns that federal review of a wetlands permit for the mine was warranted. 

The tribe alleged the agencies were "arbitrary and capricious" when they declined to exercise authority over the permit for the Back Forty mine. The agencies had delegated that authority to the state of Michigan in 1984.

Toronto-based Aquila Resources sought permits as part of plans to mine gold, zinc and other metals near the Menominee River in Michigan’s Upper Peninsula. The tribe has said the proposed mine threatens the river, burial mounds and other cultural sites that are significant to its members...


Ken Notes: May I once again point out that when we take issues like this to court the winners always are the lawyers. I am not happy about this mine and I hope we can find ways to stop it and there seems to be options to do this. I hope a coalition of those in opposition can be formed to create ideas to challenge this on economic grounds. If tourism in the area were evaluated we may be able to demonstrate a mine is not the best use. Just a thought. They are only suggesting a payroll of under 40K for 240 workers. Considering the millions in profit from the mine very little in economic benefits are headed our way. I`ll bet they spend nearly this much lobbying in Michigan and Wisconsin....

- - Volume: 8 - WEEK: 6 Date: 2/3/2020 9:23:35 AM -