By Derf Johnson
Water and pollution run downhill. This glaring observation couldn’t be more poignant when considering what’s happening with the Elk Valley coal mines in British Columbia (B.C.), which have been poisoning the waters of the Kootenay/i and Lake Koocanusa for decades. This past July, a study by the U.S. Geological Survey (USGS) found that selenium emanating from the mines in the Elk Valley can be traced over 350 miles downstream, winding its way from B.C. into Montana through Idaho, back up into Canada, and down into Washington State, where increasing concentrations suggest the pollution is even reaching the Columbia River (see graphic). This follows on the heels of a previous USGS report that found the Elk Valley mines have caused selenium, nitrate, and sulfate concentrations “among the largest documented increases in the primary literature” and possibly the worst selenium pollution documented in the world.
This pollution disaster, unfortunately, has proven complex and difficult to address due to the transboundary nature of the pollution and the several jurisdictions with differing regulatory authority to address the problem. Thankfully, this past March, the United States and Canada agreed to an International Joint Commission (IJC) due largely to the urging of Tribal and First Nation governments in Montana, Idaho, and British Columbia. The IJC is tasked with investigating the pollution problem and, hopefully, developing solutions to address the extensive pollution. For our part, MEIC is encouraging the government of Montana (represented by the Montana Department of Environmental Quality) to encourage a robust IJC process that results in strong, enforceable recommendations for reducing the pollution.
Image via USGS.
Specifically, MEIC has developed a set of desired outcomes from the IJC process that we will gauge the success of the final product against, which includes:
- A plan for selenium mitigation and remediation, including the consideration and potential adoption of new technology.
- Ongoing governance throughout the process which respects treaty rights and places Tribal interests at the forefront of the negotiations.
- A review of and action on bonding and financial assurances for the Elk Valley mines.
- Potential application of Montana’s water quality standard of 0.8 ?g/L of selenium above the border, or a similar standard that would address Montana’s elevated selenium levels and that protects the beneficial uses of water.
- A review of any new mine(s) being proposed and how those operations would exacerbate the ongoing problem. This would include the Castle proposal in the Elk Valley and others.
- A continuation and bolstering of ongoing processes, including updates to the area-based management plan and the Elk Valley Water Quality Plan.
- Consideration of compensatory mitigation/biological offsets/land set-asides. The IJC allows for and contemplates such a possibility, and it may be appropriate in order to protect the integrity of the entire watershed.
In order to address the immense pollution problem, it’s critical that the IJC process be extensive, robust, and have strong recommendations. This is particularly important because of Glencore’s recent purchase of Teck Coal in a $12.3 billion deal. Glencore, an international commodities trading firm based in Switzerland, has the unfortunate reputation across the world of being a controversial corporation that only two years ago plead guilty in the United States to foreign bribery, corrupt payments, and market manipulation in seven countries. Recently, Mining Watch Canada released a report entitled A Bad Deal for Canada: Controversial miner Glencore’s expansion in Canada is bad for climate and communities, which details the corporation’s extensive corruption and aggressive tactics.
The IJC process will take several years, but MEIC will watch and participate as appropriate, supporting our partners and Tribal Nations in assuring good outcomes that reduce pollution, and restore and protect the ecological integrity of the watershed.
This article was published in the October 2024 issue of Down To Earth.
