Bad River Train Blockade
Encyclopedia
The Bad River train blockade was a 1996 protest on the Bad River Ojibwe Reservation in Ashland County, Wisconsin USA. Ojibwe activists blocked the railroad tracks that would have brought sulfuric acid to a mine in the Upper Peninsula of Michigan bringing national scrutiny on the United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...

 (EPA) and demonstrating the power of Indigenous rights
Indigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....

 in environmentalism.

Background

The copper
Copper
Copper is a chemical element with the symbol Cu and atomic number 29. It is a ductile metal with very high thermal and electrical conductivity. Pure copper is soft and malleable; an exposed surface has a reddish-orange tarnish...

 mine in White Pine, Michigan
White Pine, Michigan
White Pine is an unincorporated census-designated place in Ontonagon County the U.S. state of Michigan. As of the 2010 census, its population was 474....

 had been an employer of thousands in the Upper Peninsula until the massive layoffs of the early 1990s that put the region into economic despair. In Wisconsin, several Ojibwe bands were battling to stop sulfide mining at the proposed Crandon mine
Crandon mine
The proposed Crandon mine in Northeastern Wisconsin, USA near the town of Crandon and the Mole Lake Ojibwe Reservation in Forest County was the site of multi-decade political and regulatory battle between environmentalists, American Indian tribes, sportfishing groups, and the State of Wisconsin and...

 with newfound political power stemming from the Walleye War
Wisconsin Walleye War
Civil unrest erupted in Wisconsin after U.S. District Court Judge Barbara Crabb handed down a ruling on August 21, 1987 that affirmed the treaty right of six Ojibwe or Chippewa tribal governments to regulate their members' hunting and fishing outside of the reservation boundaries, based on the...

.

History

On July 22, 1996, a train bound for the White Pine copper mine in Upper Michigan was stopped as it crossed the Bad River Ojibwe reservation in Ashland County. The train was carrying tankers of sulfuric acid
Sulfuric acid
Sulfuric acid is a strong mineral acid with the molecular formula . Its historical name is oil of vitriol. Pure sulfuric acid is a highly corrosive, colorless, viscous liquid. The salts of sulfuric acid are called sulfates...

 for use in pilot solution mining ("Chippewa" 3D; 1996). The mine had drastically scaled back operations and laid-off thousands the previous year due to its diminishing profits. Now, Inmet, a Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...

-based corporation, hoped to inject 550 million USgals (2,081,976.6 m³) of acid into the mine to bring out any remaining ore. This raised concerns among environmentalists that the acid would contaminate groundwater and nearby Lake Superior
Lake Superior
Lake Superior is the largest of the five traditionally-demarcated Great Lakes of North America. It is bounded to the north by the Canadian province of Ontario and the U.S. state of Minnesota, and to the south by the U.S. states of Wisconsin and Michigan. It is the largest freshwater lake in the...

. Sulfuric acid as a waste product was the primary pollutant opposed in the metallic sulfide mine proposals in Wisconsin, and now Inmet was going to take the same chemical and pour it into the ground a mere five miles away from the largest and cleanest of the Great Lakes
Great Lakes
The Great Lakes are a collection of freshwater lakes located in northeastern North America, on the Canada – United States border. Consisting of Lakes Superior, Michigan, Huron, Erie, and Ontario, they form the largest group of freshwater lakes on Earth by total surface, coming in second by volume...

. Moreover, the EPA granted permission for the experiment without requiring a hearing or an environmental impact statement (Midwest Treaty Network; 1996). Among those astounded by this decision was Walter Bresette
Walter Bresette
Walter Bresette was a prominent Ojibwe activist, politician, and author most notable for work on environmental issues and Ojibwe treaty rights in Northern Wisconsin and the Lake Superior region...

, a Red Cliff Ojibwe
Red Cliff Band of Lake Superior Chippewa
Red Cliff Band of Lake Superior Chippewa is a band of Ojibwe Indians. The Red Cliff Band is located on the Red Cliff Indian Reservation, on Lake Superior in Bayfield County, Wisconsin. Red Cliff, Wisconsin, is the administrative center...

 activist and Indigenous chair of the EPA’S National Environmental Justice Advisory Council. Bresette resigned his position and joined with the Native rights group Anishinabe Ogitchida, Ojibwe for “Protectors of the People,” on a new course of action (Grossman 396; 2002).

For weeks, the Ogitchida and white allies camped on the railroad tracks conducting ceremonies and protests. Initially, the focus was put on the condition of the Wisconsin Central Ltd. tracks themselves. The activists insisted they were unsafe, though the state had authorized their use provided the speed of the trains did not exceed ten miles per hour. Wisconsin Central insisted that the Ashland County sheriff arrest the protestors, but with the events taking place on the reservation and involving Native religious practices, the sheriff's office declared it a treaty issue and federal matter and therefore, took no action. (Meersman 3B; 1996).

After federal involvement, it came out that the Ojibwe had interests in the mining project beyond the safety of the tracks. On August 2, 1996, Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...

 mediator John Teronnez arrived on the scene and began negotiations with parties involved in the dispute (Meersman 3B; 1996). During these talks, Bresette and the Ogitchida revealed their deep concerns over the solution-mining and its potential effect on Lake Superior
Lake Superior
Lake Superior is the largest of the five traditionally-demarcated Great Lakes of North America. It is bounded to the north by the Canadian province of Ontario and the U.S. state of Minnesota, and to the south by the U.S. states of Wisconsin and Michigan. It is the largest freshwater lake in the...

. Furthermore, they insisted the project was illegal because the EPA had given it approval without consulting affected Indian tribes who as sovereign entities were entitled to be involved in the process. An agreement was reached with the protestors agreeing giving up the blockade in exchange for an EPA inquiry into the project. The trains hauled the acid through the reservation and the protestors switched their focus to the mine itself (Maller 5; 1996). However, once the EPA looked closer, it raised enough questions that Inmet suspended its operations. In the face of legal battles over treaty rights, the company withdrew its mining-permit application the next spring.

See also

  • Bad River Chippewa Band
    Bad River Chippewa Band
    The Bad River LaPointe Band of Chippewa Indians is located on a reservation on the south shore of Lake Superior. The reservation, which has a land area of 497.477 km² , is in northern Wisconsin straddling Ashland and Iron counties. The band has approximately 7,000 members, of whom about 1,800...

  • Crandon mine
    Crandon mine
    The proposed Crandon mine in Northeastern Wisconsin, USA near the town of Crandon and the Mole Lake Ojibwe Reservation in Forest County was the site of multi-decade political and regulatory battle between environmentalists, American Indian tribes, sportfishing groups, and the State of Wisconsin and...

  • Walter Bresette
    Walter Bresette
    Walter Bresette was a prominent Ojibwe activist, politician, and author most notable for work on environmental issues and Ojibwe treaty rights in Northern Wisconsin and the Lake Superior region...

  • Wisconsin Walleye War
    Wisconsin Walleye War
    Civil unrest erupted in Wisconsin after U.S. District Court Judge Barbara Crabb handed down a ruling on August 21, 1987 that affirmed the treaty right of six Ojibwe or Chippewa tribal governments to regulate their members' hunting and fishing outside of the reservation boundaries, based on the...

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