Stefanie Tsosie, Attorney, Tribal Partnerships Program, Earthjustice: “The Menominee tribe has been pushing for this listing regardless of whether there’s a mine there.”

Stephanie Tsosie, senior attorney, Tribal Partnerships Program, Earthjustice: “The Menominee Tribes have been working on this process for many, many years. There are cultural, historical, and spiritual sites within this area.”

The Menominee Tribe of Wisconsin sent a mine developer back to the drawing board after a legal battle over sacred sites and water contamination.

The vote follows last year’ approval by the Wisconsin Review Board

Gussie Lord, Managing Attorney, Tribal Partnerships Program, Earthjustice: “The state of Michigan should realize that Aquila Resources has never been honest, nor transparent, about its plans, and that this project cannot be built without pollution, impairment and destruction of the Menominee River and its ecosystem.”

The Back Forty project is an open-pit mine and minerals-processing facility proposed by Aquila Resources, Inc. The proposed mine pit is no more than 50 yards from the Menominee River, which flows into Green Bay in Lake Michigan. The pit would span 84 acres and be 750 feet deep under current plans, stretching far beneath…

Today’s victory follows a five-year fight to protect Menominee tribal lands from destruction

Court ruling throws second permit for controversial mine into question

A Circuit Court judge in Michigan ordered an Administrative Law Judge to re-consider a decision granting a mining permit for Aquila Resources’ Back 40 Mine, and to enlarge the record with additional evidence concerning groundwater impacts of the mine.

Menominee Indian Tribe of Wisconsin challenged permit approval to protect Menominee River

Back Forty Mine would irreversibly harm Menominee River, surrounding wetlands and irreplaceable cultural resources

The lawsuit, filed in U.S. District Court for the Eastern District of Wisconsin, asks the Court to require the federal agencies to assume primary control over the wetland permit and permitting process from the State of Michigan.

The permit would allow mine developers to fill and excavate Menominee River wetlands

With the help of Earthjustice, the Menominee Indian Tribe of Wisconsin is fighting the development of an 80-acre mine just 50 yards from the Menominee River.

On behalf of the Menominee Indian Tribe of Wisconsin (the “Menominee Tribe”), we ask that you take immediate action to remedy ongoing violations of a non-discretionary duty under the Clean Water Act (“CWA”). As fully described below, the U.S. Army Corps of Engineers (the “Corps”) and the U.S. Environmental Protection Agency (“EPA”) are in violation of their mandatory duties under the Clean Water Act Section 404 (33 U.S.C. § 1344), due to their failure to exercise jurisdiction and regulatory authority over navigable waters of the United States—the Menominee River and adjacent wetlands—that are not delegable to the State of Michigan under 33 U.S.C. § 1344(g). This letter constitutes a 60-day notice of intent to file a citizen suit against EPA pursuant to Section 505 of the CWA, 33 U.S.C. § 1365(a)(2).

Lawsuit aims to ensure Clean Water Act protections for regionally and nationally important waters