The dispute over open pit mining continues as controversy over legislation regarding a prospective mine in northern Wisconsin resurfaces. A subsidiary of the Cline Group has proposed an open pit iron ore mine to be created in the Penokee Hills, a project which could boost the economy and create many jobs for Wisconsinites.
While this may appear to be an incredibly beneficial plan at first glance, upon considering the nearby Bad River Chippewa tribe’s treaty with the United States government, it becomes clear that the creation of such a mine would be a blatant violation of the tribe’s rights. The mine would impose a glaring infringement on the Clean Air Act and Clean Water Act.
While iron ore mines are not explicitly prohibited in Wisconsin, mining in general does not have a good record in the state. In 1998 Gov. Tommy Thompson prohibited sulfide mines due to their negative environmental effects. Evidence shows iron mines have the same nasty potential. It has been proven that the St. Louis River is polluted with high levels of mercury and sulfates because of an iron mine upstream in Minnesota, and the very same thing could happen in Wisconsin. The mine can only result in a contaminated water supply in northern Wisconsin.
With a polluted water supply, the Bad River tribe can expect to see its rice beds suffer and its fish to either die or contain high enough levels of chemicals that they would not be safe to eat. According to its treaty, the tribe is considered a sovereign nation which may decide what level of pollution is acceptable in its air and water, meaning they can hold mining companies to higher standards than the State of Wisconsin or federal government. This is reaffirmed by the Mole Lake tribe’s case in the 1980s, where the Native American reservation was given the right to choose what they considered clean water.
As it is, the Bad River tribe’s treaty subjects the northern third of Wisconsin to its stipulations; this area functions as both hunting and fishing grounds for the tribe. With its resources in jeopardy, the tribe is completely within its rights to question the mine’s creation.
The Bad River tribe has not yet filed a lawsuit, but it has been reviewing its rights as a sovereign nation and confirming documents and treaties in preparation for protests or a potential lawsuit. The mine is a clear infringement on its rights and threatens the tribe’s way of life. It is obvious that the current state of the economy is a large factor and job availability will carry some weight if the mine is pursued, but unlawfully destroying Native American reservations’ resources cannot be justified by any number of jobs. Unemployment is terrifying, but if fear is enough to drive legislators to vote for negating legal documents and essentially stripping people of its rights, far more serious problems will likely emerge.
The Bad River tribe is currently seeking Class I Air Quality designation within its boundaries, which, if they succeed, will prevent further mining in the area. The tribe’s case is simply too strong to be trifled with. Its treaties date back to before Wisconsin became a state, and its rights have been explicitly written and proven by precedent. In the end, the rights of the people are at the center of the controversy and those very same rights will ensure the proper outcome: a safe and clean environment for all involved.
Kate Krebs is a first-year student majoring in English and Spanish. Please send all feedback to opinion@dailycardinal.com.
