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Lawsuit Asks DNR For Watershed Protection Around Penokees Mine Site

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view of the Penokee Hills near the proposed mine site
A view of the Penokee Hills near the proposed mine site. Photo: Light Brigading (CC-BY-NC)

Eight residents of the Penokee Range area have filed a lawsuit against Wisconsin’s Department of Natural Resources over recent rock sampling by mining company Gogebic Taconite, alleging that the state is not protecting the Lake Superior watershed.

The suit was filed Monday in Iron County Circuit Court by Milwaukee attorney Dennis Grzezinski. He says his clients, some tribal members and other local residents, have a vested interest in the Penokee Hills.

“Some fish; some hike; some gather strawberries, blackberries and other plants; some hike and photograph,” Grzezinski said.

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The suit asks the court to order the DNR to erect barriers and other protections in the three sites of Iron County where GTAC removed almost 2,400 tons of rock last month. Grzezinski says his clients think the DNR should have required a stormwater run-off permit

“We want a judge to look at what the DNR did and tell the DNR they didn’t do it,” Grzezinski said. “We also would hope that the DNR would think about requiring and making sure something happens now, before the snow melts and the rains fall. There is time to put some protections in place.”

The DNR decided no permit was needed because there would be no impact on the environment, since GTAC removed the rock while the ground was still frozen. GTAC also used existing roads to remove the minerals.

The lawsuit, however, claims that rocks and soil were disturbed and trees cut down, which will lead to run-off during the spring snow melt. Grzezinski says with warming weather, there is urgency to act on this right away.

“Unless steps are takensoon!to prevent that stuff from washing its way down the ridges,” he said, “it’s going to get into the watershed.”

The DNR’s Ann Coakley says they can’t comment on the lawsuit but they are reviewing it.