Chronology of Crandon mine struggle

CHRONOLOGY OF CRANDON MINE

Produced and created by Menominee Treaty Rights & Mining Impacts nomining@itol.com
and other environmental organizations

1954 Menominee Termination Begins.
1968 Kennecott 1st discovers ore body at Ladysmith.
1969 Exxon Coal & Mineral Company begin mineral exploration in Northern Wisconsin.
1973 Menominee Restoration Begins.
1974 A geologic anomaly was detected by an airborne electromagnetic survey south of Crandon.
1975 Exploratory drilling began, and several months later ore was discovered
1976 Exxon formally announced the discovery of its zinc, copper and lead ore body.
1977-1978 First comprehensive mining law passed.
1978 Exxon submitted its Notification of Intent to Wisconsin Department of Natural Resources, indicating its intent to collect data and conduct studies in support of a mining permit application.
1981 State drops non-degradation water quality standards.
1981 James Klauser, Exxon lobbyist, tells Wisconsin Manufactures and Commerce that "Wisconsin could host up to ten metal mines by 2000, including Ladysmith."
1982 Exxon submitted its major design, engineering and environmental study documents along with the required permit applications. Exxon files its first mine application with the Wisconsin Department of Natural Resources.
1983 Mining is exempted from clean groundwater standards. Limits on foreign corporations owning more than 640 acres dropped.
1984-1992 Chippewa spearfishing struggle continues with anti-treaty/anti-Indian groups supported by pro-mining government officials and corporations.
1985 The company redesigned its mining proposal and submitted revised environmental documents and permit applications.
May 1986 Wisconsin Department of Natural Resources (DNR) releases its draft environmental impact statement (DEIS) for public review.
Nov. 1986 WDNR releases its final EIS (FEIS) and begins preparations for the master hearing. Tommy Thompson is elected Governor.
Dec. 1986 Exxon withdraws its permit applications, citing poor metal prices and indefinitely suspends project activity.
1987 Local Agreement is passed as amendment to state budget.
1987 Governor appoints James Klauser, Exxon lobbyist, to be Secretary of Administration. Kennecott announces plan to mine copper/gold in Ladysmith.
Nov. 1988 Natural Resources Board declares Wolf River "Outstanding Resource Water."
1989 Exxon has worst mine safety record among the top 20 U.S. coal mining firms.
Mar. 24, 1989 Exxon Valdez disaster destroys Prince William Sound.
1990 Governor Thompson re-elected to second term.
1991 Proposed Flambeau mine receives required permits.
Aug. 1992 Exxon announced it had reached an agreement with Phelps Dodge Mining Company to conduct a joint evaluation of the Crandon deposit and initiate communications with WDNR. Several months later Phelps Dodge withdrew from further action.
1993 Flambeau mine begins operations.
Published:
Gedicks,Al. (1993). The new resource wars: Native and environmental struggles against multinational corporations. (research paper).
A question of bias? The Wisconsin Department of Natural Resources Record on Metallic Mining Issues, (1996), [on line] Available: http://www.earthwins.com/biasdnr.html#14
Sept. 1993 Exxon and Rio Algom, Ltd. announce formation of the Crandon Mining Company, a Wisconsin Partnership that would seek to develop the project.
1994 Thompson re-elected to third term as governor.
1994 Published: Walleye Warriors book by Walter Bresette and Rick Whaley, documentsWisconsin government/DNR and corporate involvement in Chippewa spearfishing struggle.
1994-present The Crandon Mining Company conducted technical discussions with WDNR staff and consultants on project engineering and design issues, environmental studies, date gathering and verification. As sufficient information became available, the WDNR began preparing its DEIS. The WDNR hired more than 20 technical consultants to help with project review and evaluation.
1994 winter WDNR begins Northern Initiatives process.
Feb. 1994 Crandon Mining Company submits its Notification of Intent to collect data which starts WDNR's official regulatory review of proposed project.
Apr. 1994 WDNR held a hearing on Crandon Mining Company's Notification of Intent and Scope of Study.
Statewide rally against Crandon mine at State Capitol and Wisconsin Manufacturers and Commerce.
May 1994 Coalition begins collecting two petitions: one to ask WDNR to strengthen rules regulating sulfide mining, one asking WDNR to ban sulfide mining.
June 1994 Exxon/Rio Algom submit their application to mine the ore body.
June 1994 "Protect Mother Earth" gathering at Mole Lake, co-sponsored by Indigenous Environmental Network and Midwest Treaty Network draws 1000 people.
Wisconsin Review Commission hold citizens' hearing on track records of Exxon and Rio Algom.
Dec. 1994 WDNR issues decision that it does not have authority to ban sulfide mining.
Coalition begins lawsuit challenging WDNR decision that it does not have authority to ban sulfide mining.
Jan 1995 Wisconsin Manufacturers & Commerce hired by CMC to promote the jobs and revenues that state mining would generate.
1995 Governor's budget cuts Public Intervenor and makes WDNR Secretary a Governor appointed position.
Mar. 24 1995 State passes "bad actor" law but law ineffective due to WDNR's ability to grant waiver.
Apr. 1995 American Rivers declared Wolf River threatened. The next day CMC announces plan to pipe wastewater 38 miles to Hat Rapids and Wisconsin River.
May 1995 CMC submits its environmental impact report and the first of its permit applications and technical studies.
Menominee Nation hosts Kids for Clean Water intercultural environmental gathering.
June 1995 - Present The company begins providing periodic updates to its environmental impact report and permit applications.
July 1995 WDNR releases "White Paper."
Oct. 2 1995 Judge Henderson rules WDNR does have authority to ban sulfide mining.
Oct. 1995 CMC releases incomplete EIR.
Nov. 1995 The U.S. Army Corps of Engineers determines that it will prepare a separate environmental impact statement on the proposed mine and begin independent evaluations on groundwater modeling, predictions of contaminant movement, and surface water quality and quantity issues.
Dec. 19, 1995 Mining Moratorium bill 1995 AB 758 introduced by Representatives Spencer Black and Bill Lorge.
Mining Moratorium bill buried in committee.
Apr. 3, 1996 Legislature votes to bring Mining Moratorium to floor debate.
Apr. 22-May 4, 1996 Wolf Watershed Educational Project speaking tour travels to 22 communities, drawing 1,100 people along the Wolf and Wisconsin Rivers.
May 1996 WDNR held a public meeting in Tomahawk to discuss wastewater issues relating to the proposed discharge of treated wastewater to the Wisconsin River.
May 4, 1996 1000 people march at rally in Rhinelander.
May 6, 1996 Legislature dismisses a week early, avoids Mining Moratorium Bill.
May 15, 1996 Nashville Zoning Board denies BHP exploration permit.
BHP initiates suit against Nashville town board. Nashville Board of Adjustment grants BHP permit.
June 12, 1996 Mining Moratorium Pledge Campaign initiated.
June 12, 1996 Third Circuit Court of Appeals overturns Judge Henderson decision - WDNR does not have authority to ban sulfide mining.
July - Aug. 1996 Anishinaabe Ogichida block sulfuric acid trains crossing Bad River
Reservation to White Pine mine in Michigan
Sept. 1996 Walleyes for Tomorrow makes stand against mine proposal.
Oct. 1996 ECCOLA publishes "Questions of Bias" documenting WDNR pro-mining bias.
Oct. 22, 1996 Nashville citizens and Wisconsin Resource Protection Council initiate lawsuit against Nashville town board.
Nov. 1996 CMC announces intent to sign local agreements with Forest County and Town Board of Nashville.
Dec. 7, 1996 Nashville citizens call a special town meeting; special town meeting is closed by Nashville town board.
Dec. 12, 1996 CMC signs local agreement with Nashville & Forest County.
1997 Flambeau mine discontinued.
Jan. -Mar. 1997 Crandon Mining Company launches pro-mine TV ads around the state.
Feb. 1997 The Menominee Indian Tribe and others ask various Great Lakes State Governors to consider whether the Water Resource Development Act should apply to the Crandon pipeline.
Feb. 12, 1997 The Badger Fund is repealed and $5million - $7million balance goes to general pool of state budget money.
Mar. 1997 Metallic Mining Council reactivated with pro-mining majority.
Mar. 11, 1997 Wisconsin Senate passes amended Mining Moratorium Bill (SB3) by a vote of 29-33.
Mar. 13, 1997 - Jan. 22, 1998 Mining Moratorium bill held in Assembly Committee(s).
Apr. 1997 Nashville elects new Town Board; other anti-sulfide mining candidates elected.
American Rivers declares Wolf River "Fifth Most Endangered River."
Apr. - July 1997 WDNR held 7 informational meetings across northern Wisconsin
1997 (Wausau, Green Bay, Tomahawk, Rhinelander, Crandon, New London, and Town of Ainsworth) to receive public comments on the proposal and to respond to public concerns. Meeting summaries were distributed following the meeting.
June 1997 Chicago rally against mine at Wisconsin Tourism Board
July - Sept. 1997 WWEP Circle Tour for mining moratorium reaches 20 communities around the state.
July 27, 1997 Wise Use groups-People for the West, NASH, Coalition for Fair Regulation surface. Earth First! protest: 29 EF! arrested; numerous violations of civil rights witnessed; ACLU takes EF! case.
Sept. 3, 1997 Menominee Tribal Chairman requests explanation from Army Corps about process and legal analysis used to reach their interpretation of the Water Resources Development Act. In November, Army Corps responds by stating that the legal analysis could not be supplied "because it contained privileged attorney client communications and analysis."
Oct. 1997 1000 people attend moratorium hearing in Milwaukee, two-thirds for the bill.
Union locals and federations pass resolutions against company attempts to influence labor.
Dec. 1997 The WDNR revised its project review schedule to reflect the status of ongoing studies on groundwater, containment movement and surface waters. The DEIS will be released no more than 4 months after all required studies and data are received and verified as acceptable.
Dec. 2, 1997 State Assembly Environment Committee voted 6-4 to send the Mining Moratorium Bill to the full State Assembly.
1998 American Rivers declares Wolf River one of the 20 Most Endangered Rivers of 1998.
Jan. 1998 Secretary George Meyer announced that the final decision on the project will be made by an administrative law judge appointed by the State Division of Hearings and Appeals. The written decision will be made following the master hearing process.
Jan. 1998 Rio Algom Ltd., announces it is buying Exxon out of the project for the sum of $17.5 million, and additional $5 million if the mine is opened and a 2.5%royalty profits from the Crandon mine. Crandon Mine Company changes its name to Nicolet Minerals Company.
Jan. 22, 1998 The State Assembly passes the Mining Moratorium Bill with several amendments and returns it to the Senate for their approval.
Jan. 28, 1998 Michigan's Governor Engler writes a letter to Governor Thompson with his concerns about the diversion of tributary groundwater from the Great Lakes Basin via NMC's proposed pipeline.
Feb. 3, 1998 The Senate refuses to pass the Assembly version of the Mining Moratorium Bill and instead passes their own amended version. This version of the bill is overwhelmingly endorsed by the Assembly on Feb. 4, 1998.
Mar. 1998 Nicolet Minerals Company announces its proposal to study the possibility of using pyrite separation (removing sulfide from the mining waste rock) and grouting (to reduce the inflow of groundwater into the mine) at the proposed mine site. The WDNR agrees to evaluate the proposed techniques, although they are not included in the mine permit application or the Environmental Impact Report.
Apr. 1998 The WDNR issues a progress report of the Department's review of the proposed mine project. The project review schedule is "referenced to the future time (x) when the Department has received all of the necessary studies and date from NMC and has verified them to be complete and acceptable."
Apr. 22, 1998 Menominee Tribal Chairman sends letter to WDNR Secretary George Meyer stating "discussions between the WDNR and Nicolet Minerals Company on issues such as pyrite separation and grouting should cease until they are formally included in the mine permit application and the EIR". On May 15, 1998 the WDNR responds by stating, "because our overall regulatory responsibilities on this project, the Department has a duty to consider, review and comment on any significant potential project changes. Should NMC formally propose a detailed grouting program, a revision to the Mine Permit Application and the EIR would be necessary."
Apr. 22, 1998 Governor Tommy Thompson signs Wisconsin Act 171 (the Mining Moratorium Bill) into law!
May 27, 1998 With the many changes proposed for the project, the U.S. Environmental Protection Agency recommends that "once NMC elects to finalize their overall approach to the project, that the Army Corps of Engineers requests NMC to provide new, updated versions of the Mine Permit Application and of the EIR and to not just replace pages as has been done through the past several years."
June 10, 1998 WDNR sends letter to NMC stating, "we would like to restate our belief that the pyrite separation concept that NMC is considering would significantly address public concern regarding the long-term risks of the proposed project. We would like to encourage NMC to give serious consideration to modifying the formal proposal to include depyritization."
June 30, 1998 WDNR sends letter to NMC requesting completed versions and updates to eight of its documents and a list of candidate mine sites "before the draft environmental impact statement can be completed and in order for us to determine compliance with the mining moratorium law". The request gives no specific timeframes or deadlines for compliance.
Aug. 1998 Rio Algom forced to reclaim abandoned Poirier Mine in Quebec, Canada after a new law in Quebec made the former operators responsible for cleanup.
Sept. 23, 1998 Nashville Town Board rescinds 1996 local agreement.
Oct. 1998 Statewide rally against mine at State Capitol.
Oct. 2, 1998 Governor's Science Advisory Council on Metallic Mining and Department of Natural Resources staff tour Canadian Mines.
Nov. 3, 1998 Tommy Thompson re-elected as governor of Wisconsin.
Nov. 9, 1998 Nicolet Minerals Company sends Nashville Property Owners a letter stating they will be taking legal action in response to the Nashville Town Boards rescinding of the Local Agreement. The NMC board serves the town board with a "Notice of Claim," giving the board 120 days to reverse or rectify their decision. NMC states they will take further legal action if the town does not make the right decision.
Nov. 17, 1998 The 7th United States Circuit Court of Appeals in Chicago ruled the Menominee Indian Tribe of Wisconsin's treaty rights lawsuit was properly dismissed by U.S. District Judge Barbara Crabb in 1996. Dismissal of the lawsuit was based solely on the language of the treaty. The Menominee intend to bring the case to the U.S. Supreme Court.
Dec. 9, 1998 Nicolet Minerals Company uses design changes plans (grouting, pyrite separation, seepage basins) to give the impression they are environmentally friendly. NMC feels they are addressing the public concerns.
Jan. 5, 1999 Nicolet Minerals Company announces three mines they believe satisfy Act 171, the mining moratorium law. Wisconsin Department of Natural Resources says no decision will be made in regards to the mines for at least 1 1/2 to 2 years. Activists denounce the examples.
Jan. 9, 1999 Sacaton Mine in Casa Grande Arizona, one of the 3 example mines Nicolet Minerals Company has submitted to fulfill Act 171, has been exempt from that state's groundwater regulations since it closed in 1984.
Jan. 27, 1999 Larry Lynch tells Natural Resources Board that the Wisconsin Department of Natural Resources was recommending against a minimum fee to the Irrevocable Trust Fund.
The Cullaton Lake Mine, submitted by Nicolet Minerals Company as fulfilling Act 171, is not comparable to the Crandon site because tailings are frozen in a layer of permafrost.
Jan. 28, 1999 Wisconsin Natural Resources Board decided metal mining companies will not have to pay $2 per ton of waste into a trust fund to clean up environmental damage. Companies would be required to contribute to a trust fund based on a case-by-case analysis of each mining proposal.
Feb. 22, 1999 Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform vote to modify Irrevocable Trust Fund to require that the level of funding for a trust fund be sufficient to fund a worst case preventative or remedial measures. This level of funding would be attained early in the life of a mining project.
Apr. l8, 1999 3 Town of Nashville incumbents opposed to the Crandon mine are re-elected.
Apr. 22, 1999 Natural Resources Board modifies Irrevocable Trust Fund for metallic mining operations to clarify intent. The Fund should be adequate to fund all worst case remedial and preventive measures that are "possible."
b Mole Lake Sokaogon Chippewa win Treatment as a State (TAS) status from the U.S. District Court, Eastern District of Wisconsin and will be able to set its own water quality standards within the boundaries of its reservation in land held in trust for them by the federal government.
Apr. 30, 1999 The Town of Nashville is served notice that Nicolet Minerals Company has filed a lawsuit challenging the town board's decision to rescind the controversial Local Agreement.
May 11, 1999 Army Corps of Engineers announces decision to contract portions of the Federal Environmental Impact Statement to outside consultants. Nicolet Minerals Company will be paying the outside contractors for their work.
May 26, 1999 Wisconsin State Legislature's Joint Committee on Finance adopts an amendment to the Wisconsin Department of Natural Resources budget that would allow local governments to renegotiate Local Agreements with mining companies. This is later removed by Senate and Assembly Actions.
Mid Jul 1999 State appeals ruling on Mole Lake Sokaogon Chippewa water rights.
Aug. 1999 Federation of Fly Fishers names Wolf River as the "number one endangered river" in the United States.
Rio Algom writes down its assets on the Crandon mine pending the state permitting process.
Sept. 29, 1999 Natural Resources Board delays decision on Environmental Coalition petition to adopt administrative rules to Act 171 and recommends the WDNR address petitioners concerns.
Oct.1999 Forest County Potawatomi win federal Treatment-As-State status under the federal Clean Air Act.
Nov. 8, 1999 Oneida County Judge Mark Mangerson signs settlement where former Nashville Town Board admits to violating Wisconsin Open Meeting Laws.
Dec. 8, 1999 Natural Resources Board denies Environmental Coalition petition to adopt administrative rules to Act 171.
Feb. 2000 Five environmental groups call for a cyanide ban at Crandon mine after European mine spill disaster.
Feb. 3, 2000 Oneida County Judge Mark Mangerson rejects bid to void Local Agreement between Town of Nashville and Nicolet Minerals Company.
Apr. 29, 2000 Wisconsin Students/Youth Rally to Stop the Crandon Mine held at State Capitol, draws opponents to mine, transmission line, and Perrier proposals. Culminates statewide schools speaking tour of Wolf Watershed Educational Project.

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