On Friday, April 17, nine Minnesota businesses joined with Northeastern Minnesotans for Wilderness to appeal a federal judge’s ruling on two mineral leases held by Twin Metals.
The Obama administration terminated the leases in 2016 when, after years of study and significant public comment, the U.S. Forest Service concluded that copper mining under the umbrella of these leases posed an unacceptable risk of irreparable damage to the Boundary Waters and surrounding Superior National Forest lands and waters.
Last month, Judge Trevor McFadden of the U.S. District Court for the District of Columbia affirmed the Department of the Interior’s (DOI) decision to reconsider the denial of the of two Twin Metals Minnesota LLC (TMM) hard rock mineral leases in northeastern Minnesota, and to renew those leases. Judge McFadden ruled that, “Interior timely corrected an error that would have deprived Twin Metals of its right to valuable leases.”
The judge’s March 17, 2020, ruling upheld a December 22, 2017, Department of Interior legal opinion that stated “the terms of the original leases issued to Twin Metals’ predecessor-in-interest in 1966 remain the operative provisions governing lease renewal.
“The original 1966 leases provide Twin Metals with a non-discretionary right to a third renewal, subject to readjusted terms and conditions as allowed by the 1966 leases. Accordingly, while the United States maintains discretion to impose reasonable new terms and conditions in the lease renewal agreements, the Bureau of Land Management (BLM) does not have the discretion to deny the renewal application.”
That decision didn’t sit well with many resort owners and outdoor businesses in the Northland.
“We are appealing the district court’s ruling because the fate of America’s most popular Wilderness is at stake,” said Tom Landwehr, Executive Director for the Campaign to Save the Boundary Waters and Northeastern Minnesotans for Wilderness. “The US Forest Service not only had the right, but the obligation to cancel Twin Metals’ risky leases. The reversal of this decision by the Trump Administration goes against science, public opinion, and established environmental policy.”
The lawsuit issued on Friday, April 17 challenges the legality of a May 2018 temporary reinstatement of expired mineral leases. Those leases have since been officially renewed.
On December 18, 2019, TMM submitted its proposed mine plan of operations for a mine to produce copper, nickel, cobalt, and precious metals. The Bureau of Land Management (BLM), in coordination with the U.S. Forest Service, is now preparing a detailed Environmental Impact Statement (EIS) to thoroughly analyze the potential environmental impacts of the proposed mine. Public involvement at the scoping and draft EIS phase will be conducted in accordance with 40 C.F.R. § 1506.6 and is an important part of the NEPA process.
Meanwhile, a recent poll by the Minneapolis Star & Tribune showed that by a 3-1 margin Minnesotans opposed sulfide ore copper mining near the Boundary Waters while less than a quarter of Minnesotans supported new mining near the BWCAW.
The businesses joining Northeastern Minnesotans for Wilderness are Sawbill Canoe Outfitters, Hungry Jack Outfitters, Women’s Wilderness Outfitters, Piragis Northwood’s Company, Voyageur Outward Bound School, Ely Outfitting Company, Boundary Waters Guide Service, Wenonah Canoe, Inc. and River Point Resort and Outfitting Company.
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