Illinois Outdoors at
RulesIllinois Outdoors at

Prairie State Outdoors Categories

Top Story :: Opinion :: Illinois Outdoor News :: Fishing News :: Hunting News :: Birding News :: Nature Stories :: Miscellaneous News :: Fishing :: Big Fish Fridays :: Big Fish Stories :: State Fishing Reports :: Other Fishing Reports :: Fishing Tips, Tactics & Tales :: Where to Fish :: Fishing Calendar :: Hunting :: Hunting Reports :: Hunting Tips, Tactics & Tales :: Where to Hunt :: Tales from the Timber :: Turkey Tales :: Hunting Calendar :: Big Game Stories :: Nature and Birding :: Birding Bits :: Nature Newsbits :: Critter Corner :: Birding Calendar :: Stargazing :: In the Wild :: Miscellaneous Reports and Shorts :: Links :: Hunting Links :: Birding Links :: Video ::

Big Buck Stories

1960s :: 1980s :: 1991-92 :: 1992-93 :: 1993-94 :: 1994-95 :: 1995-96 :: 1997-98 :: 1998-99 :: 1999-2000 :: 2000-01 :: 2001-02 :: 2003-04 :: 2004-05 :: 2005-06 :: 2006-07 :: 2007-08 :: 2008-09 :: 2009-10 :: 2010-11 :: 2011-12 :: 2012-13 ::


Flathead's Picture of the Week :: Big bucks :: Birdwatching :: Cougars :: Dogs :: Critters :: Fishing :: Asian carp :: Bass :: Catfish :: Crappie :: Ice :: Muskie :: Humor :: Hunting :: Deer :: Ducks :: Geese :: Turkey :: Upland game :: Misc. :: Mushrooms :: Open Blog Thursday :: Picture A Day 2010 :: Plants and trees :: Politics :: Prairie :: Scattershooting :: Tales from the Trail Cams :: Wild Things ::


Judge refuses plea by sporting club to stop Michigan nickel mine

July 29, 2012 at 05:50 PM

The Associated Press

TRAVERSE CITY, Mich. (AP) — A federal judge has refused a private outdoor sporting club’s plea to halt construction of a nickel and copper mine in Michigan’s Upper Peninsula, saying the group failed to convince him that its lawsuit challenging the mine would be successful.

The Huron Mountain Club is suing to block the Rio Tinto Eagle Mine, claiming the company didn’t get federal permits that should have been required by the U.S. Army Corps of Engineers. The exclusive club, which owns about 19,000 acres of forestland in Marquette County near Lake Superior, including an 11-mile stretch of the Salmon Trout River, claims the mine will damage the river and nearby wetlands.

But in a ruling Wednesday, Judge Robert Holmes Bell said the lawsuit hasn’t shown that the Corps was legally obligated to require the permits, and he rejected the club’s request to stop construction before trial. Bell said such a stop-work order would be appropriate only if the lawsuit had a high likelihood of succeeding.

State regulators and company officials have said the mine can be operated safely. Drilling has begun and mineral production is expected to begin in 2014.

The club filed the lawsuit in May. No trial date has been set.

Nolan Knight, attorney for club, said his team was studying the judge’s decision. “We haven’t ruled anything out, no final decisions as to what our next step will be,” he said.

The mine, whose name was recently changed from Kennecott Eagle Minerals Co., is owned by London-based Rio Tinto PLC. A spokeswoman for Rio Tinto Eagle said the company had no comment on Bell’s ruling.

The company has won a series of legal victories since the Michigan Department of Environmental Quality approved its mining permit application in 2007. Rio Tinto Eagle is targeting about 230 million pounds of nickel and a similar volume of copper, according to court documents. The mine would be located in the isolated Yellow Dog Plains region of Marquette County.

The company has finished building surface structures including an administrative building, wastewater treatment plant and rock storage area. About 300 people work there.

The Huron Mountain Club and other groups unsuccessfully challenged the DEQ permit before an administrative law judge and in circuit court.

In its latest suit, the club said the mine will reach beneath the Salmon Trout River, causing its water levels to drop and its temperature to change. It says the Army Corps should have ordered the company to apply for permits under the Clean Water Act and another federal law dealing with rivers and harbors.

The Corps decided federal permits weren’t needed because it regulates only navigable waters and connected wetlands, and the mine is about 21 miles upstream from the river’s navigable portion, according to court documents.

In his ruling, Bell said the club’s lawsuit has not shown the Army Corps was legally obligated to require permits, and that decision “falls squarely within the discretionary and enforcement actions of the agency that this court has no power to order.”

Because the suit has little chance of prevailing, the public interest in halting construction is “slim, and is outweighed by the public’s interest in maintaining jobs, tax revenues, and capital investment in the local economy,” he said.

Copyright 2012 The Associated Press.

Your CommentsComments :: Terms :: .(JavaScript must be enabled to view this email address)

Comment Area Pool Rules

  1. Read our Terms of Service.
  2. You must be a member. :: Register here :: Log In
  3. Keep it clean.
  4. Stay on topic.
  5. Be civil, honest and accurate.
  6. .(JavaScript must be enabled to view this email address)

Log In

Register as a new member

Next entry: Hunters have 30 days to apply for Wisconsin wolf permit

Previous entry: Don’t believe the rumors: the Redneck Fishing Tournament is still on

Log Out

RSS & Atom Feeds

Prairie State Outdoors
PSO on Facebook
Promote Your Page Too

News Archives

December 2019
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31        
Copyright © 2007-2014 GateHouse Media, Inc.
Some Rights Reserved
Original content available for non-commercial use
under a Creative Commons license, except where noted.
Creative Commons