DFL Sen. Jen McEwen of Duluth testifying at a public informational hearing on Thursday regarding the Prove It First bill.
DFL Sen. Jen McEwen of Duluth testifying at a public informational hearing on Thursday regarding the Prove It First bill. Credit: MinnPost photo by Mohamed Ibrahim

Mike Maleska, a lifelong Hibbing resident and an iron ore miner for 42 years, called mining the most polluting industry. 

During a public informational hearing on Thursday he asked lawmakers to act on a proposed copper mine near the Boundary Waters Canoe Area Wilderness and prevent pollution of the area’s waterways. 

“How much do our lakes and streams, our communities, have to accommodate in order to survive this type of mining?” he said. “I don’t want to answer that question.”

Maleska was one of several testifiers in support of Senate File 1416, known as the “Prove It First” bill. It prohibits the state from issuing permits for a copper-sulfide mine before receiving independent scientific proof that a copper-sulfide mine has operated elsewhere in the United States for at least 10 years, and that a mine has been closed for at least 10 years without polluting the surrounding environment.

Mining advocates argue the bill would hurt the state’s ability to use the mineral resources in its transition to clean energy, but its supporters say the risks to the environment are too great. 

Prove It First

Presided over by retired state Reps. Connie Bernardy and Steve Sandell, testifiers at the hearing included advocates, former miners, retired regulators and members of the Mille Lacs Band of Ojibwe and Fond Du Lac Lake Superior Band of Chippewa.

DFL Sen. Jen McEwen of Duluth, a co-author on the bill, said copper-nickel mining differs from the iron and taconite mining that is familiar to the Iron Range. This type of mining has never not polluted the waterways surrounding a mine, she said, making the proposed projects near the Boundary Waters Canoe Area Wilderness particularly worrisome.

“To open one of these types of mines in those areas is particularly, acutely dangerous; not just to the water and not just to the environment of the area where the mine would be operating and where the deposits would be processed or stored, but also to the all of the communities that are around that area who depend every day on that water and the health of the environment for our economies, and for pride in our way of life and who we are,” McEwen said at the hearing. 

Julie Lucas, executive director of MiningMinnesota, argued in a statement that legislation like the Prove It First bill will hurt the state’s ability to use its resources to facilitate the transition to clean energy usage through the production of solar panels, batteries and wind turbines. 

“To fully harness the potential of Minnesota’s mineral resources, it is essential that policymakers, industry stakeholders and communities work together to support a framework that balances environmental protection with critical development,” Lucus said. “‘Prove It First’ unnecessarily puts an end to healthy and vital conversations about the clean energy supply chain and Minnesota’s role within it.”

Split support

The informational hearing last week was the first by the Legislature on copper-nickel mining in more than a decade, despite a handful of proposals from corporations seeking permits from the state for such mines. 

That includes the proposed NorthMet copper mine in northeastern Minnesota, which was dealt a blow by the Minnesota Supreme Court this past summer. The court sent a water quality permit back to the Minnesota Pollution Control Agency after ruling the agency attempted to hide concerns from the federal Environmental Protection Agency from the public. 

The setback followed the revocation of another water quality permit by the U.S. Army Corps of Engineers over concerns it could pollute the Fond Du Lac Band of Lake Superior Chippewa, which is downstream from the proposed project. 

In an interview, McEwen said the Legislature has let its constituents down due to the lack of hearings and involvement in the troubled permitting process, and points to the power of corporate interests and mining trade groups. 

“It really is a betrayal of public trust. People count on their public officials to protect their health, to protect their water, to protect the state in general, our economy and our well-being,” she said. “When we have an issue that is this crucial, that has been facing our state for this many years, and the Legislature hasn’t even taken it up? I think that tells you a lot.”

McEwen said she has received pushback from some members in her caucus on the proposed legislation, though it is a minority. The bill currently doesn’t have the votes to pass due to the slim one-seat majority by the DFL. 

DFL Senate Majority Leader Erin Murphy of St. Paul said in a statement that the bill needs work before it can pass, but that her caucus will continue to support bills that prioritize clean water and the environment. 

“In the Senate, we have made more progress on environmental and clean water protections with one year of DFL leadership than in the past decade, if not longer,” Murphy said. “With a little over three weeks remaining before our first deadlines for bills to advance, my colleagues are working in committees to advance the work of the people of Minnesota.”

Mohamed Ibrahim

Mohamed Ibrahim

Mohamed Ibrahim is MinnPost’s environment and public safety reporter. He can be reached at mibrahim@minnpost.com.