November, 06 2017, 12:15pm EDT

Menominee Tribe Takes Action to Protect Its Namesake River
Lawsuit Aims to Ensure Clean Water Act Protections for Regionally and Nationally Important Waters
Keshena, Wis.
Today, the Menominee Indian Tribe of Wisconsin ("Tribe"), represented by Earthjustice, gave legal notice of intent to pursue federal litigation, to ensure that the health of the Menominee River and portions of the Tribe's ancestral homeland and sacred sites won't be jeopardized by a large mine on the banks of the Menominee River on the Wisconsin-Michigan border.
The 60-Day Notice of Intent to Sue under the Clean Water Act outlines violations of federal agency duties under the Act that will affect water quality of the Menominee River and adjacent wetlands, and downstream to Green Bay, as a result of the Back Forty Mine Project.
The Back Forty project is an open-pit mine and minerals-processing facility proposed by Aquila Resources, Inc. The site borders the Menominee River and is located within a Menominee cultural landscape that includes tribal burial grounds, ancient agricultural sites and ceremonial sites of cultural significance to the Menominee Tribe.
The Tribe continues to share its concerns in a variety of forums, starting in 2015 with a formal resolution in opposition to the Back Forty Mine; and most recently, in a letter to the U.S. Environmental Protection Agency ("EPA") and U.S. Army Corps of Engineers ("Corps") demanding that the Corps and EPA exercise federal authority over Clean Water Act permitting decisions involving the river and adjacent wetlands.
"The Tribe has made our opposition known to the company, the investors, the state and federal governments--yet our concerns have been ignored thus far," said Menominee Tribal Chairman Gary Besaw. "This 60-Day Notice puts the federal government on notice that we expect meaningful consultation and federal regulatory agency action on this important issue. If we continue to be ignored and the agencies fail in their duties, we are prepared to pursue federal litigation."
What's at stake? 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 the river's natural waterline and affecting hydrology throughout the area. In addition, the complex includes a huge processing plant, two large holding ponds for hazardous mine waste and substantial slag piles of overburden from the mining process.
This massive undertaking is an unacceptable risk to the region's wetlands and waters. The Great Lakes represent more than 20 percent of the world's fresh surface water, and 95 percent of the fresh surface water in the United States, with millions of people relying on these waters--commercially, and for drinking water, from tiny towns to cities like Chicago. At least seven counties in the region--including the host county of the Back Forty project--have passed resolutions opposing the mine development.
Further, the proposed mine site has invaluable historic and cultural significance to the Menominee Tribe, which has deep ties to the river that bears the Tribe's name.
"Our Tribe's creation story began at the mouth of the Menominee River thousands of years ago," said Besaw. "Our ancestors' history and indeed, their very remains are enshrined in the landscape that the Back Forty project will destroy. But this is about more than just our Tribe. A project of this magnitude will affect other tribes, multiple states, local fishermen, downstream communities, wildlife--and ultimately, the health of the Great Lakes. The risks for all are simply too great."
Why take this action? Aquila Resources, Inc., requires four permits to proceed with the Back Forty project. The Michigan Dept. of Environmental Quality ("MDEQ") granted two permits in December 2016, and a third in April 2017. The Tribe and a local landowner have challenged the MDEQ Mining Permit through the Michigan administrative appeal process.
The outcome of a final permit application is the focus of today's notice and potential legal challenge. It is a Section 404 wetlands permit, which is necessary under the Clean Water Act because the Back Forty Mining Project would authorize dredging or filling wetlands.
The Tribe contends the Corps has the responsibility for overseeing this process. Instead, the Corps and EPA have stepped back, allowing the State of Michigan to exercise regulatory control over the Section 404 permit application--in violation of the Clean Water Act, according to Earthjustice attorney Janette Brimmer.
"The Clean Water Act makes it very clear that the authority to dig up and potentially pollute the Menominee River and its wetlands cannot be delegated down to a single state," Brimmer explained. "The Menominee River is a commercially-navigable interstate waterway and a significant tributary to our nation's Great Lakes. That makes the Clean Water Act permitting process at issue here a federal responsibility--the waters and wetlands that will be affected by this huge, potentially very damaging industrial project do not 'belong' only to the State of Michigan. They must be protected for everyone, and it's the EPA and the Corps' mandatory duty to assume jurisdiction over the permit application."
The Tribe's concerns include the federal agencies ignoring their federal trust and treaty responsibilities to the Tribe and, in effect, allowing the project to skirt key cultural and environmental-protection steps in the permitting process, when they should be providing critical oversight for a project this large with such great potential risks to public health and the environment.
What happens now? The Corps and EPA have 60 days to respond to the notice. The Tribe remains willing to listen and share information, and expects its concerns to be taken seriously.
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
800-584-6460LATEST NEWS
Amazon Won't Display Tariff Costs After Trump Whines to Bezos
Senate Minority Leader Chuck Schumer said all companies should be "displaying how much tariffs contribute to the total price of products."
Apr 29, 2025
Amazon said Tuesday that it would not display tariff costs next to products on its website after U.S. President Donald Trump called the e-commerce giant's billionaire founder, Jeff Bezos, to complain about the reported plan.
Citing an unnamed person familiar with Amazon's supposed plan, Punchbowl Newsreported that "the shopping site will display how much of an item's cost is derived from tariffs—right next to the product's total listed price."
Many Amazon products come from China. While U.S. Treasury Secretary Scott Bessent claimed Sunday that "there is a path" to a tariff deal with the Chinese government, Trump has recently caused global economic alarm by hitting the country with a 145% tax and imposing a 10% minimum for other nations.
According toCNN, which spoke with two senior White House officials on Tuesday, Trump's call to Bezos "came shortly after one of the senior officials phoned the president to inform him of the story" from Punchbowl.
"Of course he was pissed," one officials said of Trump. "Why should a multibillion-dollar company pass off costs to consumers?"
Asked about how the call with Bezos went, Trump told reporters: "Great. Jeff Bezos was very nice. He was terrific. He solved the problem very quickly, and he did the right thing, and he's a good guy."
Earlier Tuesday, during a briefing, White House Press Secretary Karoline Leavitt called Amazon's reported plan "a hostile and political act," and said that "this is another reason why Americans should buy American."
Leavitt also asked why Amazon didn't have such displays during the Biden administration and held up a printed version of a 2021 Reutersreport about the company's "compliance with the Chinese government edict" to stop allowing customer ratings and reviews in China, allegedly prompted by negative feedback left on a collection President Xi Jinping's speeches and writings.
Asked whether Bezos is "still a Trump supporter," Leavitt said that she "will not speak to" the president's relationship with him.
As CNBCdetailed Tuesday:
Less than two hours after the press briefing, an Amazon spokesperson told CNBC that the company was only ever considering listing tariff charges on some products for Amazon Haul, its budget-focused shopping section.
"The team that runs our ultra low cost Amazon Haul store has considered listing import charges on certain products," the spokesperson said. "This was never a consideration for the main Amazon site and nothing has been implemented on any Amazon properties."
But in a follow-up statement an hour after that one, the spokesperson clarified that the plan to show tariff surcharges was "never approved" and is "not going to happen."
In response to Bloomberg also reporting on Amazon's claim that tariff displays were never under consideration for the company's main site, U.S. Commerce Secretary Howard Lutnick wrote on social media Tuesday, "Good move."
Before Amazon publicly killed any plans for showing consumers the costs from Trump's import taxes, Senate Minority Leader Chuck Schumer (D-N.Y.) said on the chamber's floor Tuesday that companies should be "displaying how much tariffs contribute to the total price of products."
"I urge more companies, particularly national retailers that compete with Amazon, to adopt this practice. If Amazon has the courage to display why prices are going up because of tariffs, so should all of our other national retailers who compete with them. And I am calling on them to do it now," he said.
Congressional Progressive Caucus Chair Greg Casar (D-Texas) on Tuesday framed the whole incident as an example of how "Trump has created a government by and for the billionaires," declaring: "If anyone ever doubted that Trump, and Musk, and Bezos, and the billionaires are all [on] one team, just look at what happened at Amazon today. Bezos immediately caved and walked back a plan to tell Americans how much Trump's tariffs are costing them."
Casar also claimed Bezos wants "big tax cuts and sweatheart deals," and pointed to Amazon's Prime Video paying $40 million to license a documentary about the life of First Lady Melania Trump. In addition to the film agreement, Bezos has come under fire for Amazon's $1 million donation to the president's inauguration fund.
As the owner of
The Washington Post, Bezos—the world's second-richest person, after Trump adviser Elon Musk—also faced intense criticism for blocking the newspaper's planned endorsement of the president's 2024 Democratic challenger, Kamala Harris, and demanding its opinion page advocate for "personal liberties and free markets."
Keep ReadingShow Less
Medicare for All, Says Sanders, Would Show American People 'Government Is Listening to Them'
"The goal of the current administration and their billionaire buddies is to pile on endless cuts," said one nurse and union leader. "Even on our hardest days, we won't stop fighting for Medicare for All."
Apr 29, 2025
On Tuesday, Independent Sen. Bernie Sanders of Vermont and Democratic Reps. Pramila Jayapal of Washington and Debbie Dingell of Michigan reintroduced the Medicare for All Act, re-upping the legislative quest to enact a single-payer healthcare system even as the bill faces little chance of advancing in the GOP-controlled House of Representatives or Senate.
Hundreds of nurses, healthcare providers, and workers from across the country joined the lawmakers for a press conference focused on the bill's reintroduction in front of the Capitol on Tuesday.
"We have the radical idea of putting healthcare dollars into healthcare, not into profiteering or bureaucracy," said Sanders during the press conference. "A simple healthcare system, which is what we are talking about, substantially reduces administrative costs, but it would also make life a lot easier, not just for patients, but for nurses" and other healthcare providers, he continued.
"So let us stand together," Sanders told the crowd. "Let us do what the American people want and let us transform this country. And when we pass Medicare for All, it's not only about improving healthcare for all our people—it's doing something else. It's telling the American people that, finally, the American government is listening to them."
Under Medicare for All, the government would pay for all healthcare services, including dental, vision, prescription drugs, and other care.
"It is a travesty when 85 million people are uninsured or underinsured and millions more are drowning in medical debt in the richest nation on Earth," said Jayapal in a statement on Tuesday.
In 2020, a study in the peer-reviewed medical journal The Lancet found that a single-payer program like Medicare for All would save Americans more than $450 billion and would likely prevent 68,000 deaths every year. That same year, the Congressional Budget Office found that a single-payer system that resembles Medicare for All would yield some $650 billion in savings in 2030.
Members of National Nurses United (NNU), the nation's largest union of registered nurses, were also at the press conference on Tuesday.
In a statement, the group highlighted that the bill comes at a critical time, given GOP-led threats to programs like Medicaid.
"The goal of the current administration and their billionaire buddies is to pile on endless cuts and attacks so that we become too demoralized and overwhelmed to move forward," said Bonnie Castillo, registered nurse and executive director of NNU. "Even on our hardest days, we won't stop fighting for Medicare for All."
Per Sanders' office, the legislation has 104 co-sponsors in the House and 16 in the Senate, which is an increase from the previous Congress.
A poll from Gallup released in 2023 found that 7 in 10 Democrats support a government-run healthcare system. The poll also found that across the political spectrum, 57% of respondents believe the government should ensure all people have healthcare coverage.
Keep ReadingShow Less
Advocates Warn GOP Just Unveiled 'Most Dangerous Higher Ed Bill in US History'
"This is the boldest attempt we've seen in recent history to segregate higher education along racial and class lines," said the Debt Collective.
Apr 29, 2025
At a markup session held by a U.S. House committee on the Republican Party's recently unveiled higher education reform bill Tuesday, one Democratic lawmaker had a succinct description for the legislation.
"This bill is a dream-killer," said Rep. Suzanne Bonamici (D-Ore.) of the so-called Student Success and Taxpayer Savings Plan, which was introduced by Education and Workforce Committee Chairman Tim Walberg (R-Mich.) as part of an effort to find $330 billion in education programs to offset President Donald Trump's tax plan.
Tasked with helping to make $4.5 trillion in tax cuts for the wealthiest Americans possible, Walberg on Monday proposed changes to the Pell Grant program, which has provided financial aid to more than 80 million low-income students since it began in 1972. The bill would allocate more funding to the program but would also reduce the number of students who are eligible for the grants, changing the definition of a "full-time" student to one enrolled in at least 30 semester hours each academic year—up from 12 hours. Students would be cut off from the financial assistance entirely if they are enrolled less than six hours per semester.
David Baime, senior vice president for government relations for the American Association of Community Colleges, suggested the legislation doesn't account for the realities faced by many students who benefit from Pell Grants.
"These students are almost always working a substantial number of hours each week and often have family responsibilities. Pell Grants help them meet the cost of tuition and required fees," Baime toldInside Higher Ed. "We commend the committee for identifying substantial additional resources to help finance Pell, but it should not come at the cost of undermining the ability of low-income working students to enroll at a community college."
The draft bill would also end subsidized loans, which don't accrue interest when a student is still in college and gives borrowers a six-month grace period after graduation, starting in July 2026. More than 30 million borrowers currently have subsidized loans.
The proposal would also reduce the number of student loan repayment options from those offered by the Biden administration to just two, with borrowers given the option for a fixed monthly amount paid over a certain period of time or an income-based plan.
At the markup session on Tuesday, Bonamici pointed to her own experience of paying for college and law school "through a combination of grants and loans and work study and food stamps," and noted that her Republican colleagues on the committee also "graduated from college."
"And more than half of them have gone on to earn advanced degrees," said the congresswoman. "And yet those same individuals who benefited so much from accessing higher education are supporting a bill that will prevent others from doing so."
“In a time when higher ed is being attacked, this bill is another assault,” @RepBonamici calls out committee leaders for wanting to gut financial aid.
“With this bill, they will be taking that opportunity [of higher ed] away from others. This bill is a dream killer.” pic.twitter.com/UjTYvnOEKv
— Student Borrower Protection Center (@theSBPC) April 29, 2025
Democrats on the committee also spoke out against provisions that would cap loans a student can take out for graduate programs at $100,000; the Grad PLUS program has allowed students to borrow up to the cost of attendance.
The Parent PLUS program, which has been found to provide crucial help to Black families accessing higher education, would also be restricted.
"Black students, brown students, first-generation college students, first-generation Americans, will not have access to college," said Rep. Summer Lee (D-Pa.).
“We cannot take away access to loans, and not replace it with anything else, not make the system better. We know the outcome here—Black, brown, and poor students will not figure it out. Instead, only elite students from the 1% will continue to access education.”@RepSummerLee🙇 pic.twitter.com/oGbRH154Ed
— Student Borrower Protection Center (@theSBPC) April 29, 2025
As the Student Borrower Protection Center (SBPC) warned last week, eliminating the Grad PLUS program without also lowering the cost of graduate programs would "subject millions of future borrowers to an unregulated and predatory private student loan market, while doing little to reduce overall student debt and the need to borrow."
Aissa Canchola Bañez, policy director for SBPC, told The Hill that the draft bill is "an attack on students and working families with student loan debt."
"We've seen an array of really problematic proposals that are on the table for congressional Republicans," Canchola Bañez said. "Many of these would cause massive spikes for families with monthly student loan payments."
With the proposal, which Republicans hope to pass through reconciliation with a simple majority, the party would be "restructuring higher education for the worse," said the Debt Collective.
"It's the most dangerous higher ed bill in U.S. history," said the student loan borrowers union. "It strips the Department of Education of virtually every authority to cancel student debt. Eliminates every repayment program. Abolishes subsidized loans."
"This is the boldest attempt we've seen in recent history to segregate higher education along racial and class lines," the group added. "We have to push back."
Keep ReadingShow Less
Most Popular