Boundary Waters mining ban overturned in narrow Senate vote

Minnesota U.S. Sen. Tina Smith took to the Senate floor last week to protest legislation revoking protections for the Boundary Waters Canoe Area Wilderness. The effort fell short. The bill passed 50-49 and now sits on President Donald Trump’s desk, where many expect it to be signed into law.

H.J.Res.140 rescinds a 20-year ban on copper sulfide mining in the Rainy River Watershed and the Boundary Waters Canoe Area Wilderness that was put in place in early 2023.

“I’ve heard from thousands of Minnesotans that they do not want this mine built in this place,” Smith told the Minnesota Spokesman-Recorder. “It felt so important to me to speak on the floor about why revoking this moratorium was such a mistake.”

Though few colleagues were present on the floor, Smith said she felt compelled to speak for Minnesotans who weren’t being heard. Despite the outcome, she noted that a broad coalition of small businesses, Native Americans, hunting and fishing groups and outdoor enthusiasts came together in opposition.

“That big coalition of people who banded together to stop it is still really strong, and I hope that it will continue,” she said. “I will do everything I can to make sure all these people’s voices are heard.”

Friends of the Boundary Waters Wilderness, founded to advance legislation protecting the region, had worked to block proposed copper sulfide mines at the wilderness’s edge.

“The reason that these proposed mines are so alarming is that they are notoriously polluting,” said Pete Marshall, the organization’s communications director. “The EPA has listed copper sulfide mining, hard rock mining, as the most polluting industry in the United States. You put that next to some of the cleanest water in the country and you have the perfect recipe for an ecological disaster.”

Marshall said every copper sulfide mine ever opened has ended up polluting the surrounding water supply.

With the federal moratorium lifted, companies seeking to build mines will now begin pursuing approvals at the federal and state levels, a permitting and environmental review process that can take several years.

“It’s important that people pay attention to this and continue to speak out so that process is done in a fair and unbiased way,” Smith said.

A proposed mine in the region is managed by Twin Metals Minnesota, whose parent company is Antofagasta, a Chilean-based copper mining group. Twin Metals is among several firms seeking to develop the Duluth Complex, the world’s largest known undeveloped deposit of copper, nickel, cobalt and platinum group metals.

“Passage of the CRA marks a critical moment for our nation’s ability to strengthen our mineral supply chains,” said Kathy Graul, director of public affairs and communications at Twin Metals Minnesota. “Any proposed project must undergo a yearslong, multi-agency regulatory review before earning permits to begin construction. The CRA restores this process.”

MiningMinnesota Executive Director Julie Lucas echoed that position.

“We don’t need a mining ban for the entire watershed to protect the Boundary Waters,” Lucas said. “They are already protected by strict federal and Minnesota laws that require environmental review and permitting for any proposed mine. This vote does not open a mine. It opens the door for a transparent, science-based review.”

Friends of the Boundary Waters disagrees that existing permitting processes are sufficient.

“The buffer zone is insufficient because water doesn’t understand political boundaries, these are just arbitrary lines,” Marshall said. “What makes this mine in this area such a bad idea is the abundance of water. If acid mine drainage spills out, that water is going to carry that pollution like a treadmill and spread it through the Boundary Waters.”

Marshall also noted that Minnesota’s mining regulations were largely developed for iron and taconite mines, a fundamentally different process than copper sulfide mining, which has never been done in Minnesota before.

“We know what the track record of this type of mining is, it’s pretty much guaranteed to pollute,” he said. “Despite the industry promising better technology, they haven’t been able to sufficiently prove that a mine can operate and be closed without polluting.”

With the congressional fight over, the front line has shifted to the state level. Several bills before the Minnesota Legislature include a permanent protection measure banning copper sulfide mining within the watershed and the “Prove It First” bill, which would require any operation to prove a similar mine has opened and closed without causing pollution before breaking ground.

Marshall also urged the Department of Natural Resources to cancel a state lease held by Twin Metals that has gone into default, which he said would give the state better standing to refuse future leases.

This marks the first time a Congressional Review Act has been used to overturn a public land order. A precedent that concerns both Smith and Marshall far beyond the Boundary Waters.

“It was one of the reasons why a lot of members of the Senate, including Republican members, had concerns about going forward with this,” Smith said. She warned that a Republican-majority Congress could use the same mechanism to rescind environmental protections for wilderness areas across the country, and that Democrats in power could similarly claw back mining leases.

“You don’t want a situation where public land orders or leases are on again, off again,” Smith said. “It creates so much chaos and that’s not good.”

Marshall believes the precedent could extend to national monuments, wildlife refuges and any landscape protected through federal administrative action.

Friends of the Boundary Waters operates an education program, No Boundaries to the Boundary Waters, that brings youth from underserved communities on week-long trips into the wilderness, along with a climate change program and land conservation work.

“We want people to be aware of the challenges the Boundary Waters face, but we also want them to go there and experience it,” Marshall said. “It’s a wonderful place. It’s easy to fall in love with.”

For more information on the bill, visit www.congress.gov/bill/119th-congress/house-joint-resolution/140.