Monster-to Corp. Sqeaks by Environmental Laws

TUESDAY JANUARY 6, 2009 :: Last modified: Thursday, January 1, 2009 6:05 PM MST

Idaho miners won't have to restore groundwater; Site is near Wyoming border

By JOHN MILLER
Associated Press writer

BOISE, Idaho -- Monsanto Co., Agrium Inc., and J.R. Simplot Co. will be able to mine phosphate without being forced to restore groundwater beneath their operations to its natural condition, according to a new rule awaiting approval by the 2009 Legislature.

The rule is backed by industry but opposed by environmentalists including the Greater Yellowstone Coalition and Idaho Conservation League, who say it gives mining companies near the Idaho-Wyoming border license to pollute forever.

It stops short of a 2007 draft proposal developed by the Idaho Department of Environmental Quality but never formalized. That would have required companies to clean up groundwater below their mines within eight years of ceasing activities.

According to the new rule, mining companies could pollute groundwater below their extraction, reclamation and tailing activities with high concentrations of naturally occurring elements such as selenium. They would be required to monitor groundwater at so-called "points of compliance" as close as possible to the mining area, to make sure the pollution stayed put.

Jack Lyman, a lobbyist with the Idaho Mining Association, said the new rule would protect groundwater outside mining areas without saddling companies aiming to build new mines or expand existing ones with onerous, unrealistic cleanup mandates.

"We have never asked for the right to mess up someone else's beneficial use of the groundwater," Lyman told The Associated Press this week. "The department came up with a rule they think is workable, without putting our industry into a difficult situation where we'd be unable to comply."

Efforts to revise Idaho's 16-year-old Groundwater Quality Plan began in 2007 after the Department of Environmental Quality, the mining industry and environmentalists agreed the exemption allowing mines to pollute groundwater in some instances was ambiguous. Mining companies feared uncertainty over cleanup requirements could stifle new projects; environmentalists said vagueness made it easier for companies to pollute.

After more than a year of wrangling, the proposed rule was approved by the Department of Environmental Quality Board earlier this year. It will be taken up by the 2009 Legislature when the session starts Jan. 12. Such rules are rarely rejected, especially after securing board support.

Justin Hayes, with the Idaho Conservation League, contends the state agency "caved in" to industry pressure. Environmental groups are fearful of mining pollution in eastern Idaho, especially after at least four horses and hundreds of sheep died in the late 1990s after drinking selenium-contaminated water from defunct phosphate mines and their waste piles near Soda Springs.

"By its very nature, groundwater doesn't stay in one place," Hayes said. "An aquifer is recharged by rain and snow water, then it moves somewhere else. Aquifers are in motion. Eventually, the contamination is going to move off site."

Lyman insists environmentalists are exaggerating the danger that mining pollution will migrate. He drew a comparison between the septic tank at his home near Caldwell and open-pit phosphate mines.

"I've never worried about anything I put in my sink showing up a quarter of a mile away on my neighbor's property," Lyman said, adding that just because groundwater below a mine is polluted "does not mean that's going to flow down into Soda Springs, Idaho."

RAIN, RAIN: GO AWAY!

It has been raining here for three days and nights. Not just rain, but downpours with high winds! Every tiny defect in the galvanized iron roofs of the people in Costa Rica has been exaggerated many fold. We've got big pots scattered all over the house and/or attic to collect the water from the leaks. It is impossible now to do any repairs because we haven't had even ten minutes of sunshine in which to work. This is a Central American country not far from the equator. And it has been COLD!

My wood-burning stove's chimney pipe burnt through a month ago, and I've been waiting for my neighbor and builder, Carlos, to finish another project so that he can come over here and make a new chimney. Now, with a big hole in the chimney pipe, I cannot use the stove to heat the house and dry out some of the air. And my solar hot water heater is no longer producing hot water. So no hot showers. I do have LP gas for my kitchen stove and we are only losing electricity sporatically (as usual) so no big problems with cooking or lights, etc. I have a huge back-up water tank holding potable water in case of national potable water service failures, but that doesn't look as though it will be a problem.

I have chronic sinus problems and now I've been having sinus bleeds and much pain for two days. A result of very low pressure systems over the country. Ouch!

But it could be much, much worse. We did have three little earthquakes a couple of days ago, but they caused no damage, thank goodness! Guanacaste Province in the north had been in the depths of a very serious drought! Cattle died and crops withered. Now they are suddenly dealing with major flooding.

I have just learned that this nasty weather system has been declared a tropical storm and is moving toward Nicaragua where it is expected to make landfall. Poor Nicas! The economy of Nicaragua is in shambles and Costa Rica is flooded with illegal immigrants fleeing starvation and seeking some kind of income to send to families in Nicaragua. So that poor nation certainly doesn't need more troubles! The tiny isthmus called Central America doesn't need more trouble. It has been plagued by war, disease, hunger, floods, earthquakes, and dictatorships! Costa Rica and Panama are making some progress toward a better life for its citizens, but the rest of Central America still has a long, long way to go.

Does it seem that this year has already been one of the most devastating in memory for natural disasters worldwide? Or am I seeing things with a jaundiced eye?

It is hard for people who have enough and more than enough security to carry them through any rough times to realize what the reality is for the people caught in the aftermath of a natural disaster. It is worse than a return to the stone age in terms of living day to day. It is surviving a minute at a time in constant fear and post-traumatic stress without enough food, water, or shelter and with the menacing possibilities that even worse tragedies lie ahead for survivors. We lucky few in this world who never have to live for months without bathing, with only enough water to sip a bit at a time, with scavenging for food, with cold, wet, and hunger gnawing at their bodies while grief and fear and anger battle in their souls - we lucky few cannot begin to imagine the true horror of these disasters.

And I wonder if this is not just a fluke of nature, but the beginning of the end. Is it too late to save life on this planet? Are we now facing another great extinction such as the one that wiped out the dinosaurs?

Don't just sit there shrugging! Do something useful! It's now or never, Folks!