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Since before he went on the presidential campaign trail, Trump has touted what he sees as the benefits of natural gas hydraulic fracturing, or fracking. In July 2012, shortly after the Obama administration issued rules limiting fracking on federal lands, Trump needled the then-President on Twitter, saying: “Fracking will lead to American energy independence. With price of natural gas continuing to drop, we can be at a tremendous advantage.”

Now as president, Trump appears determined to expand US fracking operations. In July, he issued a proposal to undo Obama-era standards that limited fracking on federal lands (although those standards did little to limit them elsewhere).

“I am going to lift the restrictions on American energy and allow this wealth to pour into our communities,” Trump told shale industry leaders in Pennsylvania during his campaign. “The shale energy revolution will unleash massive wealth for American workers and families.”

Unfortunately, it’s unleashed massive drinking-water contamination in communities across the US. And while neither the Obama administration nor Trump fully addressed the ongoing water-toxicity issues related to fracking, one small town in the Finger Lakes region of New York is serving as a model for other communities wishing to keep frackers at bay.

Sending Toxins into Water Tables

Natural gas fracking entails shooting millions of gallons of water, sand, and chemicals into rock formations deep underground, with the purpose of fracturing them to get at the natural gas deposits beneath. The chemical make-up of a company’s fracking fluid is considered proprietary information, so federal law doesn’t require fossil-fuel companies to disclose that information. 

According to a 2016 study by Environment America, “At least 137,000 fracking wells have been drilled or permitted in more than 20 states.” And while the lack of environmental-impact disclosure means that the scale of water contamination and other damage due to fracking is hard to determine,  a study by the Lawrence Berkeley National Laboratory noted that around ten percent of the chemicals commonly used in fracking operations are toxic to human or aquatic health. 

For example, Environment America notes that between 2005 and 2015, fracking operations deployed 1.5 billion pounds of petroleum distillates, which can cause eye and respiratory irritation and can contain carcinogens and other toxins. Pennsylvania anti-fracking activist Karen Feridun alleges that in Berks County, frackers had even considered using landfill leachate as part of their fracking fluid until the community protested.

Fracking contaminates water when natural gas and fracking fluids seep into groundwater supplies, as well as when fracking wastewater containment systems leak or fail. In Pennsylvania alone, state regulators have confirmed 260 instances of private well contamination from fracking. 

Fighting Off the Frackers

The good news is that communities are winning the right to protect their water and their local environment by banning local fracking operations—and one of the first victories took place in the town of Dryden, NY.

In 2009, representatives from the oil and gas industry began pressuring Dryden residents to lease their land for natural gas development. As those citizens learned more about what such agreements might entail, they grew increasingly alarmed at the prospect of fracking operations inside town borders. So they formed the Dryden Resources Awareness Coalition (DRAC) to fight off the frackers. They began collecting signatures on a petition asking the town board to take a stand against fracking the Marcellus Shale rock formation, which lies underneath the town of 14,000 as well as large portions of New York, Pennsylvania, Ohio, Virginia, West Virginia, and Maryland.

Over the next few months, DRAC members took up chunks of the alloted “citizen’s privilege” time at the beginning of meeting after meeting of the town board, demanding anti-fracking action. Around town, they passed out anti-fracking petitions and conducted multiple outreach efforts. Soon, fracking opponents in Dryden outnumbered supporters three to one, according to Earthjustice.

“The case would never have gotten off the ground at all without community action,” says Deborah Goldberg, an Earthjustice lawyer who worked with DRAC members. 

In 2011, the Town Board approved a zoning-law change that prohibited use of land within the town for oil and gas development, including fracking—in a unanimous, bipartisan vote.

The fracking industry didn’t back down. Just six weeks later, the Anschutz Exploration Corporation sued Dryden in September of that year to get it to open up to fracking.The case made it to the state Supreme Court, which ruled in 2014 in favor of Dryden’s right to zone out fracking operations. It went through two more legal challenges, ultimately resulting in the NY Court of Appeals upholding the decision.  

“Heavy industry has never been allowed in our small farming town, and three years ago, we decided that fracking was no exception,” said Dryden Town Supervisor Mary Ann Sumner on the day the town won its final court verdict. “I hope our victory serves as an inspiration to people in Pennsylvania, Ohio, Texas, Colorado, New Mexico, Florida, North Carolina, California, and elsewhere who are also trying to do what’s right for their own communities.”

The decision gave legal backing to more than 170 state municipalities that had also passed anti-fracking laws at the time, and gave a green light to several more that had been waiting on the Dryden decision to pass their own fracking bans, according to Goldberg.

“Dryden did it right from beginning to end,” she says. “They did their homework, recognized the problem, and pushed the town board for zoning limits that could stand up to legal challenge. They also showed up in court. ... The judges could see real people behind esoteric legal issues.”

Thomas S. West, a lawyer for Norse Energy Corp., which was involved in the Dryden appeals, told the New York Times that the decision could have far-reaching effects: In the future, he said, companies will have to weigh whether to invest “the tens or hundreds of millions of dollars required to develop the resource, only to be at risk of a municipal ban.”

No doubt such community actions will make those companies think twice about investing in fracking, says Todd Larsen, Green America’s executive co-director: “So many communities have been tricked into giving up their rights and their future, and have had their water, their air, and their lives destroyed by fracking. All communities need to reject the false promises of fracking companies and create a real energy future through renewables and energy efficiency.” 

Take Action

EarthJustice’s Unfracktured campaign has a number of resources for communities, including legal advice.

The NRDC’s Community Fracking Defense Project provides legal advice to local groups fighting off fracking. To 
learn more, e-mail nrdcinfo@nrdc.org or mrashid@nrdc.org.

The Union of Concerned Scientists offers a free online guide for communities and policymakers facing 
decisions about fracking.
 

When I was teaching English in a low-income rural community in southern Louisiana over 20 years ago, I had a short conversation with a mentor teacher that would stay with me. I was lamenting how a particular teenage boy in my class had a real knack for writing but was prone to rather shocking outbursts of temper, prompting random refusals to do his work or engage in class discussions. What could I do to help him settle down?

“I don’t know if you can,” my colleague answered. “There’s a lot of lead in the water that I think causes that.”

Years later, I would read evidence linking lead poisoning to personality changes, low self-control, and, yes, anger issues. A 2013 expose by Mother Jones compared spiking crime waves with lead levels and found a direct correlation. 

I would also discover that the community where I taught and lived sat in the middle of Louisiana’s infamous “Cancer Alley,” an area stretching from New Orleans through Baton Rouge and upward along the Mississippi that’s riddled with polluting oil refineries and other industrial facilities. It also happens to have a higher-than-average incidence of cancer. It won’t surprise environmental justice advocates to learn that Cancer Alley’s population is largely Black, since numerous studies have shown that communities of color, regardless of economic status, are most often targeted by toxic facilities. 

Fast forward to 2014. Most Americans are aware of what happened in Flint, MI, in recent years. The short version is the same story: “lead in the water.” But magnified. 

In April of 2014, the city of Flint switched its drinking water source from Lake Huron via Detroit to the Flint River as a cost-saving measure. Problem was, the Flint River’s water is highly corrosive, due to both natural causes and heavy industrial pollution from lumber, paper, and chemical plants along the river. So the city was required by federal law to treat that water before it entered the city water system, to prevent it from damaging Flint’s aging lead pipes. 

The city did not.

Pastor David Bullock holds up a bottle of contaminated Flint tap water as Michigan State Police hold a barrier to keep protesters out of Michigan Governor Rick Snyder’s office building. Jake May / The Flint Journal-MLive.com / AP Images

After tests found local lead levels coming into Flint water to be 900 times the EPA limits, residents realized they had a public health crisis on their hands. More than 100,000 people, including thousands of children, were exposed to lead, a potent neurotoxicant linked to developmental harm, brain and kidney damage, high blood pressure, and miscarriage. The water is also suspected to have led to a local spike in a bacteria-borne lung infection called Legionnaire’s disease, killing ten people. 

It would take three years for the government to help, and only after citizens, with assistance from lawyers at the National Resources Defense Council (NRDC), successfully sued the city of Flint and the Michigan state government. In March of this year, three years after the city first switched its water source and 14 months after residents first filed their lawsuit, those governments finally agreed to swap out Flint’s lead water pipes and install a transparent lead-monitoring system.

Anjali Waikar, an NRDC lawyer who worked on the Flint case, says that Flint never would have achieved these victories without community action: “But for the dogged resilience of Flint residents who refused to be silenced, Flint’s lead crisis would not have made national headlines. That relentless activism is what is leading the community on its way toward recovery,” she says.

Unfortunately, Flint isn’t an isolated case. Although Congress banned new lead water pipes in 1986, the New York Times reports that “between 3.3 million and 10 million older ones remain” in the US. 

Lead and More

Experts and scientists agree that most of America’s tap-water systems are safe, according to the New York Times. But at the end of 2016, Reuters published its examination of lead-testing results from across the country. It found more than 3,000 communities “with recently recorded lead poisoning rates at least double those in Flint during the peak of that city’s contamination crisis. And more than 1,100 of these communities had a rate of elevated blood tests at least four times higher.”

Also in 2016, the Environmental Working Group (EWG) found dangerous levels of chromium-6 in the water supplies that serve 218 million Americans. Chromium-6 is a recognized carcinogen made famous in the 2000 film Erin Brockovich.

As this issue went to press, EWG released a new report stating that its researchers had found levels of 1, 4-dioxane, a recognized carcinogen, in the tap water of nearly 7 million Americans in 27 states, at levels above EPA suggested health limits. 

Add in environmental pollution, and it’s clear that tap water in America, perhaps even in your home, may be toxic, says Bill Walker, an EWG managing editor who co-authored the chromium-6 report.

“Americans are exposed to dozens if not hundreds of other cancer-causing chemicals every day in their drinking water, their consumer products, and their foods,” Walker said in a statement. “And what the best science of the last decade tells us is that these chemicals acting in combination with each other can be more dangerous than exposure to a single chemical.”

Federal water protections are in grave danger under Trump. In July, he rolled back rules forbidding companies from dumping debris from mountaintop-removal mining into streams, and his head of the EPA is trying to roll back a 2015 rule that expanded the reach of the Clean Water Act to protect streams and creeks.

In the absence of federal action, it’s communities—like Flint—that will need to work to ensure clean water for all. 

Pipes Aren’t the Only Pollution Source

Toxins in US tap water are also likely to come from water pollution at the source—largely from agricultural run-off, fossil fuels, and industrial pollution. 

Agriculture: Chemical fertilizers and animal manure are the primary sources of nutrient pollution from American farms, which often make their way into streams, lakes, rivers, and to the ocean, according to the EPA. This type of run-off can cause harmful algae blooms, which are triggered by a type of bacteria that feeds off of the nitrogen and phosphorous in fertilizers. 
Algal blooms create dead zones, or areas in water bodies that lack oxygen, so life cannot survive in them. In August, the National Oceanic and Atmospheric Administration (NOAA) announced that this year’s dead zone in the Gulf of Mexico is the largest ever recorded, at 8,776 square miles, an area the size of New Jersey. NOAA points to agricultural run-off and land development along the Mississippi River as the prime causes.

Some algal blooms are poisonous, since they’re caused by a toxic strain of bacteria that can kill fish and kill the animals that eat those fish. They can also adversely impact drinking water, causing rashes, vomiting, headaches, and eye and respiratory irritation. 

In addition, high pesticide use on farms is contaminating groundwater, according to the US Geological Survey. The agency notes that around half of the US population gets its drinking water from groundwater sources, calling pesticide contamination of groundwater a topic of “national concern.”

And the ag industry’s prolific use of genetically modified organisms (GMOs) is partially to blame for high water-pollution levels. A 2010 report from The Organic Center showed that, based on US Department of Agriculture data, GM crops have increased overall herbicide use—including Monsanto’s Roundup weedkiller—by 383 million pounds since 1996.

“Pesticide use isn’t just directly contaminating groundwater. It is also a major contributor to the overuse of groundwater within the production of GM crops,” says Anna Meyer, Green America’s food campaign’s manager. “The continued use of pesticides has resulted in loss of soil health and its ability to absorb water, resulting in the overuse of this precious resource.”

All of this runoff pollution has an economic cost, as well. Algal blooms affect coastal tourism, and NOAA notes that every year, the government spends millions of dollars to protect and clean-up areas affected by run-off pollution.

The Fossil-Fuel Industry: Another major source of water pollution is the fossil-fuel industry. Burning fossil fuels releases nitrogen oxide and ammonia into the atmosphere, both of which come back down to Earth as ingredients in acid rain and smog. 

Again, this excess nitrogen oxide causes algal blooms and dead zones in water bodies, as well as toxic groundwater.
Underground mining for coal (and minerals) often causes acid mine drainage, which can contaminate water sources. 

Mountaintop removal mining—or blowing the tops off of mountains to get at the coal deposits inside them—“has buried nearly 2,000 miles of Appalachian headwater streams, some of the most biologically diverse streams in the country,” states the Union of Concerned Scientists.

Oil and natural gas pipelines threaten local water supplies, as well, from run-off from their construction to their high potential for spills and explosions.

Finally, hydraulic fracturing, or fracking, for natural gas is also causing widespread ground- and surface water pollution. In December of 2016, after a six-year study and years of anecdotal evidence from communities near fracking operations, the EPA finally noted that fracking causes drinking-water contamination during every stage of its cycle. The Environmental Defense Fund notes that state data confirm more than 1,000 cases of water contamination across the US from fracking operations. 
Other sources: Pollution from other industrial sources has also contributed to our drinking-water problem. For example, in 2016, the EPA released a health advisory for PFOA and PFOS—chemicals used in non-stick cookware, carpets, and more—in US water supplies. The agency says exposure to these chemicals could result in hormone disruption, developmental harm, and cancer.   

The EPA’s advisory is non-regulatory but urges water facilities to test for PFOA and PFOS, and take steps to lower levels. 

A Universal Issue

Toxic drinking water affects everyone. But communities of color are often the first hit by water pollution. Flint’s population, for example, is 63 percent people of color overall. And Lowndes County, AL, has raw sewage bubbling up in yards due to an egregious lack of reliable, basic infrastructure—primarily in Black neighborhoods, which make up 75 percent of the population. 
What’s clear from the Flint case and others across the country is that we can’t count on our governments. We all have to work together to stop toxins from leaking into our drinking  water and harming the planet.  

Investing in water

In the wake of the droughts in California and the water crisis in Flint, MI, the good news is that investments in clean water have been trending. If you want to get on board, start by screening your stocks for social and environmental responsibility. 

For every Trimble Navigation, which offers water-efficient irrigation systems, there’s a Nestlé, privatizing and draining local water supplies and contaminating watersheds. An SRI financial advisor can help you screen your portfolio. Find an advisor at Green America’s Greenpages.org.

Several SRI mutual funds include sustainable water companies that work on filtration, increasing access, and more. The Calvert Global Water Fund specializes in water investments. 

“Most water funds focus on the supply side, investing in water utilities, water infrastructure, and water technology companies,” says Jade Huang, a portfolio manager at Calvert. “Calvert invests in these companies, as well as looks for companies that are demonstrating leadership in their industry for their strong water stewardship or water re-use practices.”

In addition, shareholder activists have been using shareholder resolutions to pressure companies to take a cleaner approach to water. This season, the Interfaith Center on Corporate Responsibility filed three proposals asking meat companies to improve their water-stewardship policies. One at Hormel was withdrawn after the company made “substantial commitments” to strengthen its policies. Resolutions at Tyson’s and Pilgrim’s Pride earned enough support to appear on next year’s ballot. 

Finally, Green America and our allies are encouraging people and institutions to divest from fossil fuels, which pollute air and water, 
and warm the climate. Find our resources to help you divest.

What is Regenerative Agriculture?

In order to keep global warming to two degrees Celsius or less, we need to radically reduce the amount of human-caused carbon dioxide being released into the atmosphere. We also need to start sequestering the excess carbon that’s already there. Regenerative agriculture is the single best way to do this.  

Excess carbon in the atmosphere contributes to climate change, but carbon in the soil acts as a fertilizer. After decades of industrial agriculture, our farmlands are lacking this important element. Regenerative agriculture uses practices that pull excess carbon from the air and transfer it underground—storing carbon and re(storing) agricultural soils:  

1. Crop Rotation and Cover Cropping  

2. Composting

3. Zero to Low Tillage and Mulching

4. Planting Perennials and Diverse Crops  

5. Managed Grazing  

Many of these methods have rich agricultural histories, and are being employed in this new era of regenerative agriculture in the face of a the new issue of climate change. The common thread throughout all of these methods is soil health. Regenerative agriculture recognizes that it's the root systems and communities of soil microbes that are the heavy lifters, both in growing food and sequestering carbon. That said, the benefits of regenerative agriculture radiate out much farther, with local and on-farm benefits that go beyond carbon sequestration and rich soils to support healthy communities, vibrant ecosystems, and productive farms. 

Green America takes an active role in the fight for healthy soils and a cooler planet. Our Center for Sustainability Solutions works closely with farmers, researchers, and representatives from all parts of the farming world to support a transition to regenerative agriculture. We envision a robust and resilient food system that regenerates soil health to restore climate health, water quality, and biodiversity all while creating food security, rural livelihoods, and better nutrition for families.

The 20th Century relied heavily on industrial agriculture that has harmed our lands, water, and people. Regenerative agriculture is the way forward, bringing ecology, climate science, and human well-being to the forefront of farming, ensuring healthy agriculture and a hospitable planet for generations  to come.  

Looking for a deeper dive? Check out our Regenerative Agriculture FAQ!

"Regenerative agriculture provides answers to the soil crisis, the food crisis, the health crisis, the climate crisis, and the crisis of democracy." - Vandana Shiva

"Amazon unveiled what the company says is the largest rooftop solar panel energy system in New Jersey on the 30-acre roof of its Carteret warehouse.

"The 22,000-solar-panel system will power the online retailer's facility. The company said it is one of the largest rooftop solar panel systems in the country and generates enough electricity to power 600 homes" via NJ.com.

Green America has been mobilizing people to push Amazon to switch the gigantic amounts of energy it uses from fossil fuels to renewables. 

Coming soon.

GMO Inside is calling on Chobani to shift to non-GMO feed sources for its dairy cows.  Chobani processes roughly 40 million pounds of milk per week from over 78,000 dairy cows on nearly 900 farms.  All told, that’s a lot of milk!  Milk which comes from cows who are eating GMO feed 2-3 times per day.

While Chobani is the largest Greek yogurt manufacturer with roughly 50% market share, we are hoping that all yogurt makers will insist on using milk from cows fed non-GMO diets.   GMOs have never been proven safe for human consumption and there is a growing body of studies which demonstrates that great caution should be exercised when developing and consuming GMOs.  A large percentage of the GMO crops grown in the US are used as animal feed. (Read more about GMO feed here.)  By shifting away from GMO feed for their cows, Chobani has the power to shift thousands of acres of farmland to non-GMO farming techniques.

While GMO Inside believes the “Precautionary Principle” to be the best approach when it comes to developing and consuming GMOs, we know that consumers may care about a number of factors when it comes to choosing food products.  The following chart captures various consumer concerns related to Greek yogurt.  It is by no means exhaustive as far as brand or concerns go, but we hope it helps!

For more information on these brands, read below.  Better yet, you can call your favorite yogurt brand and ask the questions that matter to you.  If the company gives you an answer you are not satisfied with, let them know why!

Did we exclude one of your favorite brands?  Please add your comments or questions on our blog and we'll get the scoop! Or check out Be Food Smart for an even deeper look at these Greek yogurt brands.

Fage

Fage is a close second in the Greek yogurt market, holding 14 percent of the market in 2011. The positives to Fage brand yogurt are that no milk concentrate is used (like Yoplait, see below) and they do not add extra thickeners to their plain varieties, though they are most likely added for their flavored yogurt. On their website, they highlight the healthy benefits to Fage, including statements saying it is beneficial to vegetarians, diabetics, and it is gluten free for those with gluten allergies or preferences. However, there is currently no organic option.

Greek Gods

Greek Gods was founded in Seattle, Washington in 2003 and is now owned by Hain Celestial.   They do not add milk protein concentrate, artificial coloring, or rBST, but there is no organic variety available.

Yoplait

Yoplait Greek is owned by General Mills and is the second most popular overall yogurt company in the US, the first being Chobani. Yoplait Greek promotes the health aspect of their product, advertising the high levels of calcium, vitamin D, and protein, especially for their kid’s products, as well as claiming their product can help with weight loss. However, their website does admit to using aspartame (artificial sweetener), carmine (red coloring), gelatin, and milk protein concentrate in their Yoplait Greek Parfait cups.  There are no organic options available.  In 2012, General Mills spent over $1 million to oppose GMO labeling in California.

Dannon

Oikos is Dannon’s Greek yogurt brand.  It is not certified as USDA organic and does not mention “natural” or “non-GMO” products on their website.  They also have no statement on rbST use, or a bovine growth hormone used on cattle, so it is possible that these substances are used. They use cultured grade A non-fat milk, though fruit varieties include additives such as fructose, modified corn starch, and other products.

Stonyfield

Stonyfield is an all organic yogurt company started in 1983 that is sold in natural food stores, national supermarkets and large retailers across the country. All of their products are USDA Organic certified (including Stonyfield Greek and YoBaby); therefore, they are audited throughout the production process to ensure that they do not use pesticides or herbicides, GMOs, antibiotics, or growth hormones. In regards to GMOs, they are currently in the process of being approved by the non-GMO Project, which will test their animal feed for GMO contamination. They formally state that they believe GMO products should be labeled to guarantee consumer safety and were a founding company of Just Label It, a non-profit advocating for GMO labeling. Group Danone(which also owns Dannon) is the parent company of Stonyfield, owning 85 percent of the company, yet Stonyfield maintains a unique partnership with Groupe Danone, with company co-founder Gary Hirshberg remaining Chairman and the company remaining true to it's health and environmental mission.

Nancy’s

Nancy’s is another USDA organic certified Greek yogurt company owned by Springfield Creamery in Eugene, Oregon.  Nancy’s does not add any thickeners or pectins and strains off the whey during production. They say they use all organic fruits from the Northwest region. On their website they describe their milk sources, stating they are from local dairy farms, mostly within a 50 mile radius of their creamery in Eugene. They do not use pesticides, antibiotics, or synthetic growth hormones, and their product is USDA certified by Oregon Tilth. Their website does not directly say that they are GMO free, but their organic certification prohibits GMO use.

Wallaby’s Family

Wallaby’s yogurt company is based out of Napa Valley, California and inspired by a trip to Australia by the co-founders who were inspired by the sweet, amazing flavor of their yogurt. They use organic milk from nearby farms in Sonoma and Marin counties. They are organic certified by Quality Assurance International (QAI) and the USDA. Due to their organic certification, they are also GMO free.

Conclusion

Genetically modified organisms, introduced in 1996, now represent a major part of our food system.  (Roughly 90% in crops like corn and soy, and included in nearly 85% of processed foods).  In spite of their ubiquity, the benefits of GMOs are less apparent.  Genetically modified crops have led to increased usage of herbicides, increased chemical residues on foods, organic farm contamination, lawsuits between chemical companies and farmers because their fields were pollinated with patented seeds, and various health issues in laboratory animals and livestock, just to name a few of the problems with GMOs.

It will be impossible to eliminate GMO farming without addressing the food that is given to animals.   Because GMO crops are so often used to feed livestock, including cows, GMO Inside hopes to encourage progress throughout the dairy industry.

Chobani is the leader within the Greek yogurt industry, and with this leadership comes responsibility.  By working with its supply chain partners to switch to non-GMO or organic feed sources, Chobani can effectively reduce demand for GMO crops by a lot (40 million pounds of milk per week, remember?).  This will in turn increase demand for non-GMO crops and help to convert thousands of acres of farmland away from GMO farming techniques.

Please sign our petition to Chobani!

Regenerative Agriculture— Not Genetic Engineering—is the Solution to Climate Change and Our Ailing Food System 

Industrial agriculture companies continue to bully farmers into growing genetically modified organisms (GMOs), with their toxic chemicals and scrambled genes. Many farmers are being left in economic ruin, and GMOs have effectively made an experiment of our bodies, the natural world, and our food system. These genetically engineered crops and their associated chemicals are not the answer to feeding the world in the face of population growth, climate change, or any other scenario.  

But, in these uncertain times, where should farmers and consumers look for solutions? 

There are many existing agricultural practices—known collectively as regenerative agriculture—that have the potential to restore our food system and help reverse climate change by building healthy soils. These practices prove that we don’t need GMOs and dangerous technical solutions, when the biological solution is clear: feed the soil to feed people and cool the planet. 

GMOs Degrade the Soil, Contributing Both to Climate Change and Struggling Farmlands 

GMOs are grown as large monocrops that are susceptible to pests and require application of toxic insecticides and herbicides, which eliminate beneficial organisms in the soil. These crops also require regular tilling or plowing, which exposes and kills these same important organisms.  

This degraded soil loses carbon to the atmosphere, where it forms damaging greenhouse gases that warm the earth and contribute to climate change. The lack of carbon and biodiversity in the soil leaves farmlands weakened and food crops lacking essential nutrients. This double-whammy is just one more reason why GMOs should be rejected. 

Regenerative Agriculture: Making an Example of Wheat 

The solution to climate change and restoring our ailing food system is in the soil. The primary focus of regenerative agriculture is building healthy soils for these exact reasons. It keeps soils protected and covered with mulching and crop rotations. Nutrients are added and carbon storage potential is increased with the use of composting and cover crops. Mindful livestock management and conservation tillage keep soil disturbance to a minimum. 

Another tenet of regenerative agriculture that makes it so different from industrial agriculture and genetic engineering is its focus on perennial crops, which bring all the above benefits and also has the potential to be a major source of food. For example, research on perennial wheat crops is well underway, with some varieties like Kernza already available on the market. But, genetically modified wheat is also being tested, concerning many existing wheat farmers who anticipate GE wheat will lead to increased input costs, potential loss of international markets, lack of control of the seed system, and a decline in human and environmental health. 

We are at a major crux—the industrial agri-experiment is failing, and continued efforts to pursue GMOs are misguided. We need to demand regeneration and reinforcement of natural systems, rather than experimenting with human health and dominating nature through genetic engineering. In supporting restorative agricultural systems, we’re recognizing farmers as stewards, not subjecting them to the negative feedback loop of poverty associated with GMOs. We’re building more secure food systems, stabilizing the global atmosphere, and promoting human health and wellbeing. 

Want to know more about regenerative agriculture?? Follow along on Instagram, Twitter, and Facebook as we continue to tell break down ways to save our soils, farm communities, and food system.

- Jes Walton, Food Campaigns Specialist

Photo caption: The board of We the People of Detroit, from left to right: Debra Taylor, Chris Griffith, Monica Lewis-Patrick, Aurora Harris, and Cecily McClellan. Courtesy of We the People of Detroit and the KIND Foundation.

They were a group of women who didn’t start out together as community organizers. In 2009, the state proposed that Detroit’s mayor assume control over Detroit public schools, in place of elected school committee members, which caused families to worry that the move could result in crippling budget cuts. People began attending city council meetings to speak out against the takeover. Monica Lewis-Patrick was one of them, and she soon got to know and started eating lunch with a group of parents and other concerned citizens.

The city council and the press assumed the new friends were part of an organization. A reporter covering the story went up to Debra Taylor, one of the friends, and asked, “Who are you?”

“Well, we’re the people of Detroit,” Taylor responded.

We the People of Detroit was born on that day, but the group has grown far past that one struggle. Lewis-Patrick is the CEO of We the People of Detroit, which now broadly advocates for human rights for Detroit’s most vulnerable populations. They’ve fought numerous austerity measures—which they said disproportionately affected low-income families—enacted by the government both before and since the city of Detroit’s declaration of bankruptcy in 2014. They also traveled to Flint to help organize citizens for clean water two years before that city made national news. Now, We the People is fighting its biggest and longest battle yet: ensuring that Detroiters have fair, equitable, and uninterrupted access to clean water.

Water, Water Everywhere, but Not a Drop to Drink

The city’s water system supplies drinking water to nearly 3.8 million people in the suburbs of Detroit, which it sources from Lake Huron.

When Michigan declared bankruptcy on behalf of Detroit in 2014, nearly a third of its debt was $5.7 billion owed to the city by its own water department. At that point, the department began shutting off water for residents who were more than $150 behind on their water bills. The cost of water had risen about 96 percent in eight years prior to 2014 (it’s now up 120 percent since 2007). The average Detroiter was paying 20 percent of their pretax income on water, whereas the EPA recommends water costs should be around 2.5 percent of household income.

“It is contrary to human rights to disconnect water from people who simply do not have the means to pay their bills.” —Catrina de Albuquerque, UN special rapporteur

As a result, tens of thousands of homes in the city had their water shut off over inability to pay their water bills. These families also lived under the threat of a visit by social services, because the agency can take children out of homes that don’t have water for more than 72 hours, and the city can seize the homes where this is the case.

Lewis-Patrick says the shutoffs are an affront to health, safety, and the poor, who were expected to pay water bills that could have been a quarter of their take home pay, while commercial buildings downtown were allowed to let their water bills pile up. Al Jazeera reported in October 2014 that commercial and industrial users had racked up $30 million in unpaid water bills, including the Detroit Lions’ stadium, which owed the city $55,000. Lewis-Patrick says those debts are still unpaid and likely growing.

“Many of the wealthy leaders were allowed to renegotiate [or have] millions of dollars of debt [forgiven], but then the rest of the debt for the water system has been laid on the backs of retirees, pensioners, and low-income people,” Lewis-Patrick says.

So We the People of Detroit took on the water utility and the city of Detroit. The group documents water shut-offs and manages a water relief hotline, which helps affected people access water. In 2016, it delivered 125 tons of bottled water to citizens.

It also puts pressure on the government by bringing national and international eyes to the situation. In 2014, United Nations special rapporteurs on the rights to water, sanitation, and affordable housing visited the city. We the People of Detroit staff showed them around and introduced them to residents.

“I heard testimonies from poor, African-American residents of Detroit who were forced to make impossible choices—to pay the water bill or to pay their rent,” Catarina de Albuquerque, one of those special rapporteurs, said in a press release. “It is contrary to human rights to disconnect water from people who simply do not have the means to pay their bills.”

The UN provided a report about to the State Department, Detroit’s mayor, and the governor of Michigan and went on the UN record, but nothing really changed, says Lewis-Patrick.

Overburdening Low-Income Families

In July, the city announced water prices would be going up an average of 4.5 percent, due to a 0.3 percent drop in water usage. Meanwhile, the high price of water has exacerbated already dire conditions for Detroit homeowners. In 2015, banks foreclosed on 14,000 homes just based on water debt.

In addition, over 100,000 homeowners faced foreclosure because of illegal tax assessment, which stole wealth from families and made them more vulnerable to water shutoffs. A 2016 study from professors at Wayne State and Oakland Universities shows that from 2009 to 2015, the city assessed homes at much higher prices than their actual worth—resulting in higher property tax bills than warranted—and then foreclosed on the homes when residents couldn’t pay those taxes. In a time when property values were plummeting in the city, the study noted, the property tax bills often exceeded the market value of the entire home.

Low- and middle-income Detroiters were also particularly hard-hit by the predatory subprime mortgages that led to the 2008 housing market crash and recession. Black customers looking for loans in Detroit were 70 percent more likely to get a high-risk subprime loan than white borrowers with similar financial characteristics, according the ACLU. Subprime loans often have predatory terms, such as ballooning interest rates or high fees. The ACLU has an ongoing suit against Morgan Stanley for its role in shaping the high-risk predatory loans that contributed to the foreclosure crisis in Detroit, on behalf of five Black families.

“Between predatory-lending practices being imposed on Detroiters, along with [too-high property taxes due to] illegal and unconstitutional assessment, and then you compound that with unaffordable water for a city that’s about 40 percent living in poverty, it doesn’t take much—one child getting sick, a flat tire or car repair, or any of those basic life situations—to force people into an
insecure situation as it relates to their water,” says Lewis-Patrick.

Bring the Press, Researchers, Everyone

The shutoffs are still ongoing, but Lewis-Patrick calls the progress made in the last three years by We the People of Detroit in coalitional action with other organizations and thousands of volunteers “tremendous.” However, she says, the organization is no replacement for a working, affordable water utility.

“There’s a big difference between affordability and assistance," says Nadia Gaber, a researcher who has worked with We the People of Detroit. "And the [Detroit Water and Sewerage] department has been working on an assistance model that economists like Roger Colton have shown won’t get people the water they need. [And they] deserve to live a dignified life.”

The group has brought attention to its cause by making collaborative agreements with researchers like Gaber at 13 universities who study water, public health, and public policy. From 2014 to 2016, We the People of Detroit, in coalition with the Detroit People’s Water Board and other groups, trained community members on data collection for these researchers, and they began a citizen science project that included a survey of over 500 Detroit residents experiencing water shutoffs. Researchers were looking for connections between shutoffs, race, and water-related illnesses.

That two-year project culminated in a book released last summer called Mapping the Water Crisis: The Dismantling of African-American Neighborhoods in Detroit, which Lewis-Patrick says is being studied in classrooms from middle school to college.

“What we know based on a study from Michigan State from early February is that 36 percent of America will not be able to afford their water over the next five years,” says Lewis-Patrick. “Even though the national narrative is that Black folks in Detroit just don’t want to pay their fair share, this is really not about racializing a group of people in Detroit. This is about a systemic issue that the country is facing.”

Meanwhile, We the People of Detroit will continue to empower and amplify the voices of the poorest communities in their city, who historically have the least power. Lewis-Patrick says she’s proud of her community and those who have come from afar to help protect it: “I love ... when you see Detroiters running water hoses from house to house, to ensure that if their neighbor has been cut off, they still have access to this life-renewing source called water. Detroit is what we’re uplifting and Detroit is synonymous with all the struggles that are happening around the globe.”

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WHITE PLAINS, N.Y. — DanoneWave, the North American operations of Danone S.A., is introducing its first Non-GMO Project verified yogurts as part of its Dannon Pledge, the company’s commitment to practices focused on sustainable agriculture, transparency and naturality. DanoneWave’s Dannon brand whole milk yogurts and plain quarts as well as Danimals smoothies will now feature the Non-GMO Project verified seal.

Sergio Fuster, president of DanoneWave’s yogurt team

“We hear that consumers increasingly want to know what’s in the products they buy and how they’re made,” said Sergio Fuster, president of DanoneWave’s yogurt team. “One of the ambitions of the Dannon Pledge was to provide consumers with yogurt choices that support the transparency they have been asking for. As a subsidiary of DanoneWave Public Benefit Corp., the largest public benefit corporation in the U.S., we’re making changes to our business to answer that demand. One key step is Non-GMO Project verification of select Dannon products. By working closely with organizations like the Non-GMO Project, we’re offering consumers more food choices that match their preferences.”

To achieve Non-GMO Project verification, DanoneWave had to ensure its products were made with milk from cows fed non-G.M.O. feed. To qualify for the verification, DanoneWave worked with its dairy farmer partners to develop the needed non-G.M.O. feed for cows. An estimated 80,000 acres of U.S. farmland is needed to cultivate the new supply, the company said, and DanoneWave is working with Green America to help develop that supply.

Related Reading: Dannon takes first step toward 'bold change'

“The scale at which Dannon is working is impressively large, and we are pleased to be able to assist them to find the right partners to work with to ensure that America’s leading yogurt maker continues to bring new choices to shoppers, while deepening their sustainability practices,” said Alisa Gravitz, president and chief executive officer of Green America.

DanoneWave plans to eventually procure Non-GMO Project verification for all products from the Dannon, Oikos and Danimals brand families.

DanoneWave announced the Dannon Pledge in April 2016. In July 2016, the company starting using non-G.M.O. ingredients in its three flagship brands: Dannon, Oikos and Danimals. Additionally, Dannon has been and is continuing to implement animal welfare practices at its farmers partners’ operations via the Validus Certification system, which ensures food is produced using socially responsible on-farm production practices. Currently, more than 90% of Dannon’s direct milk supply comes from farms that are Validus Certified, the company said.

Click to view full infographic

“We are making progress to implement the Dannon Pledge.” DanoneWave said, “The introduction of the first products under the Dannon and Danimals brands with the Non-GMO Project verified seal is a major milestone, as is the fact that more than 90% of our milk comes from dairy farmer partners that have achieved Validus animal welfare certification. We look forward to providing further updates in the future.” 

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Federal Energy Regulatory Commission (FERC) Commissioners were greeted this morning by anti-pipeline protesters calling attention to FERC’s rubber-stamping of natural gas pipelines. The rally was endorsed by over 100 organizations nationwide: http://bit.ly/Endorsers_Sept20_2017. Waiving signs saying “Stop the Fracking Pipelines” and “#FERCAbuses Communities and Environment” the protestors heard from speakers including the Reverend Lennox Yearwood and activists fighting pipelines nationwide.

The protest then moved on Capitol Hill, with a sign-on letter supported by 139 organizations (http://bit.ly/OrgSignOns) urging legislators to put in place a moratorium on FERC approved pipelines and infrastructure until it holds hearings and institutes legislative reforms. They also urged Senators and Representatives to oppose S.1460 (The Energy and Natural Resources Act) and other dirty energy bills, and support a transition to renewable energy instead (including H.R. 3671 (Rep. Gabbard's 'OFF ACT') or the Senate '100 by 50' Act). The FERC rally and Hill visits were supported by activists nationwide that sent over 25,000 messages (http://bit.ly/FERCLettersSep20) to Congress to oppose the expansion of fracked gas pipelines and infrastructure.

“We need to get serious about becoming fossil-free as soon as possible,” said Reverend Lennox Yearwood. “FERC is not doing that; instead they are rubber-stamping fracked gas pipelines and export terminals. Renewable energy is good for the planet, it’s affordable, and there’s tremendous job growth in that sector of our economy. FERC is part of the problem and must be changed.”

“Because of FERC’s pro-industry stance on every aspect of pipeline review, approval and development, people across the nation are having their property rights taken, their forests cut down, their sense of safety and the value of their homes, businesses and agriculture taken from them,” said Maya van Rossum, the Delaware Riverkeeper and leader of the regional Delaware Riverkeeper Network. “And we have yet to find a member of Congress willing to stand up and call for congressional hearings to investigate what is really happening with FERC and pipelines. And so we have come to Washington, D.C. to make clear to FERC and to Congress, that FERC abuses communities and the environment and we will not sit silent until we are heard and reforms are put in place.”

“Tens of thousands of people are telling their Representatives and Senators that Congress needs to rein in FERC’s abuses,” said Todd Larsen, Executive Co-Director at Green America.  “People are fighting back against pipelines in their communities, and Americans nationwide are calling on Congress to reject dirty energy legislation and rapidly move the U.S. to clean energy solutions that create jobs, healthy communities, and address climate change.”

“I literally would not be here today without the support and lifeline provided by Beyond Extreme Energy,” said Maggie Henry, whose organic farm in western Pennsylvania was destroyed by fracking and whose home was damaged by frackquakes. "I draw so much strength and energy from them, it's like refueling with a big solar charge."

The protests and Hill visits come at a pivotal time. FERC’s quorum was recently restored, allowing the agency to once again approve pipelines, and that quorum contains two recently confirmed Trump nominees – Neil Chatterjee and Robert Powelson – who are in favor of expanding natural gas infrastructure. The Senate is considering legislation (S.1460), already passed in the House, which would expand FERC’s authority and expedite the approval of fracked gas pipelines nationwide. 

While the Trump Administration and Congress are pushing for more pipelines, activists have recently scored several victories fighting pipelines, including regulatory or judicial victories against the Atlantic Coast, Constitution, Valley Lateral, and Southeast Markets pipelines.  These victories were quickly challenged by the pipeline industry in the courts and with FERC.  Activists are calling for a moratorium on any new pipeline approvals until Congressional hearings into FERC’s abuses take place.

Media Contacts:

Maya van Rossum, the Delaware Riverkeeper, Delaware Riverkeeper Network, 215 801 3043

Karen  Feridun, Berks Gas Truth, 610-678-7726

Ted Glick, Beyond Extreme Energy, 973-460-1458

Melinda Tuhus, 203-623-2186

Todd Larsen, Green America, 202-872-5310

Roughly a year after Dannon announced its Dannon Pledge, a commitment to more natural ingredients and product transparency, the company has successfully transformed its yogurt-making process; the company has announced that its Dannon® brand Whole Milk Yogurts and Plain Quarts, as well as its Danimals® Smoothies, are now Non-GMO Project Verified.

Sergio Fuster, President U.S. Yogurt, DanoneWave  

“We hear that consumers increasingly want to know what’s in the products they buy and how they’re made. One of the ambitions of the Dannon Pledge was to provide consumers with yogurt choices that support the transparency they have been asking for. As a subsidiary of DanoneWave Public Benefit Corporation, the largest public benefit corporation in the U.S., we’re making changes to our business to answer that demand. One key step is Non-GMO Project verification of select Dannon products,” said Sergio Fuster, President of DanoneWave’s yogurt team, in a press release. “By working closely with organizations like the Non-GMO Project, we’re offering consumers more food choices that match their preferences.”

The aforementioned Dannon products will now begin to feature the Non-GMO Project Verified seal with its recognizable butterfly icon—a seal signifying that products are in compliance with the Non-GMO Project standard and are made with milk from cows fed non-GMO feed. To qualify for the Non-GMO Project Verified seal, Dannon worked closely with its dairy farmer partners and ingredient suppliers to successfully navigate the rigorous evaluation process established by the Non-GMO Project, North America’s most rigorous third-party verification system for non-GMO food and products.

Dannon products soon to be available featuring the Non-GMO Project Verified seal include:

• Dannon Whole Milk Yogurt – Available in single-serve (5.3 oz each), multi-packs and/or 32 oz sizes in Strawberry, Strawberry Banana, Vanilla and Peach varieties.
• Dannon Plain Yogurt Quarts – Available in full fat, lowfat and nonfat varieties.
• Danimals Smoothies – Available in multi-packs of six bottles and more (3.1 fl oz each serving) in a range of flavors, including Strawberry, Strawberry Banana, Strawberry Kiwi, Cotton Candy, Raspberry, and Orange Cream varieties.

“At the Non-GMO Project, we’re dedicated to building and protecting a non-GMO food supply and providing consumers with non-GMO choices.” said Megan Westgate, Executive Director of the Non-GMO Project. “Aligning with a large and respected brand like Dannon is an incredible opportunity to inspire change across the industry to provide more non-GMO food choices to U.S. consumers.”

Dannon said, in its press release, that the verification process was a serious undertaking; achieving this milestone required Dannon to work with its dairy farmer partners to develop the needed non-GMO feed for cows. An estimated 80,000 acres of U.S. farmland is needed to cultivate the new supply, the company noted, and Dannon has relied on expertise and guidance from Green America to help develop that supply, and a video available at www.DannonPledge.com includes some of the pioneering farmers working with Dannon to serve the evolving preferences of consumers.

Alisa Gravitz, President & CEO, Green America

“The scale at which Dannon is working is impressively large and we are pleased to be able to assist them to find the right partners to work with to ensure that America’s leading yogurt maker continues to bring new choices to shoppers, while deepening their sustainability practices,” said Alisa Gravitz, President and CEO of Green America.

Announced in April of 2016, the Dannon Pledge is Dannon’s commitment to a range of progressive practices focused on sustainable agriculture, transparency, and naturality. The company noted that the DanoneWave portfolio of Non-GMO Project Verified products is growing—and DanoneWave’s offers various exclusively organic brands, such as Horizon and Earthbound Farm.

The border lands between the North Woods of northeastern Wisconsin and the Upper Peninsula of Michigan historically haven't been a hotbed of environmental activism. The region, populated largely by farming and middle- or working-class families, trends staunchly conservative in states that toggle between red and blue from election to election. People kayak and fish in the summer, ski and snowmobile in the winter, and hunt deer and duck when the law permits them to do so. They don’t attend protests.

But then someone messed with their river.

If you travel from the North Woods to “the U.P.,” down gravel roads and through increasingly wild landscapes to the mouth of the Menominee River, what may strike you is the quiet. The forest here is dense and lush and seems like it could swallow the few slender roads that wind along the river’s banks at any moment. Of course, it’s not completely silent. You hear the babble of the river, the trilling of a hundred birds, and the snap of twigs as deer, opossums, and other wildlife creep through the trees to drink from the rushing water. But what you don’t hear much of is the noise of humanity. Cars, cell phones, chatter—the sounds of human comings and goings barely reach this far into the woods, if at all. To many local residents, it feels like a sacred place. 

To the Menominee Tribe, it is sacred.

According to tribal history, this land is where the Menominee Nation’s creation story took place about 10,000 years ago. Their story states that the five main clans of the Tribe—Ancestral Bear, Eagle, Wolf, Moose, and Crane—were transformed at the mouth of the river into human form and became the first Menominee.

The river also feeds directly into Green Bay and Lake Michigan, so it contributes to the drinking-water supply of the more than 35 million people who get their water from the Great Lakes. 6.6 million people in Illinois alone rely on Lake Michigan for their water.

Now, Toronto-based Aquila Resources wants to put an open-pit sulfide mine 150 feet from the river, near the point of the Menominee Nation’s origins. Tribal members are deeply concerned about what that means for their ancestors who are buried on the site.

But the Back Forty mine isn’t just about saving the Menominee’s cultural heritage, stresses Guy Anahkwet Reiter, a community organizer with the Tribe. The Menominee and local residents also fear what the mine’s impacts will be to the water, the surrounding environment, and human health.

“The Great Lakes hold 20 percent of fresh water in the whole world,” Reiter says. “The Menominee River flows into Lake Michigan, where millions of people get their drinking water. Ninety percent of the breeding stock of Lake sturgeon only use the Menominee River. If project goes through,  you can say goodbye to Lake Michigan’s lake sturgeon and to clean water. This isn’t just a Menominee problem. It belongs to all of us.”

Calling themselves Water Protectors—like North Dakota’s Standing Rock Sioux before them, who fought to keep the Dakota Access oil pipeline from crossing their sacred traditional lands and burial sites—the Menominee and numerous other members of the local community are mobilizing for a stand-off against Aquila.

More Toxic Than Your Average Mine

Andi Rich, a lifelong resident of the twin cities of Marinette, WI, and Menominee, MI, didn’t know a lot about sulfide mining when she first heard about plans for the Back Forty mine. But when she started researching, what she found turned her into an activist.

“I knew about places around here that have had mines, and it wasn’t the end of the world. But I started seeing some Facebook posts about contaminated water and how close the mine would be to the Menominee River. The proximity drew me in,” she says. “Then I realized it wasn’t a regular mine but a sulfide mine, and there are all these hazards that come in with that. So I started wondering, ‘What are we thinking? Why would anybody do this?”’

As Rich discovered, to create an open-pit sulfide mine, Aquila Resources would dig a hole 750-feet deep only 150 feet from the banks of the Menominee River. Which, again, flows directly into Lake Michigan. While mining itself isn’t a terribly clean proposition, sulfide mining is much dirtier than average because it often results in toxic acid mine drainage.

Aquila plans to extract gold, zinc, copper, and other metals from sulfide ore. Sulfide ore is basically sulfide-mineral rocks, which contain sulfur that’s chemically combined with enough of any of these metals to make them worth extracting. The company would dig its pit to remove the soil and rocks covering the sulfide ore. Then, it would mine the ore through a cycle of drilling and blasting to bring it out of the ground.

From there, Aquila plans to use cyanide to extract the metals from the sulfur on site. As the nonprofit SOS Blue Waters describes in a mining case study on its website, “... regular mining is like mining the chocolate chips out of a cookie, while sulfide mining is like mining the sugar out of a cookie.”

Here’s the thing with sulfide minerals: When they’re exposed to air or water, they create sulfuric acid, a highly corrosive substance that’s a component of drain cleaners and battery acid—and a suspected respiratory and musculo-skeletal toxicant. When you have an open pit sitting 150 feet from a vital waterway, the chances of it flooding and creating sulfuric acid, sending that and other substances into said waterway, don’t seem all that slim.

“There are no examples of metallic sulfide mines which have not polluted both surface and ground waters,” says Dr. Al Gedicks, who has been assisting the Menominee with protecting their traditional lands. “Metallic sulfide mines will pollute up to 27 billion gallons of fresh water per year.” Gedicks is professor emeritus of sociology at the University of Wisconsin-La Crosse and executive secretary of the nonprofit Wisconsin Resources Protection Council.

He points to a 2016 research paper by the Great Lakes Indian Fish & Wildlife Commission, which states, “Uncontrolled acid generation from AMD [acid mine drainage] results in an ecosystem with high levels of metals, dissolved solids, sulfates, and acidity. A mine draining acid water can devastate rivers, streams, and aquatic life for many years.”

Due the potential impacts of the mine, American Rivers named the Menominee River to its Most Endangered Rivers List in 2017.

Blue Sky, Orange Water

Caption: People kayak in Colorado’s Animas River, which turned orange after the disastrous 2015 Gold King sulfide mine spill released millions of gallons of toxic wastewater into it.  Photo by Jerry McBride/The Durango Herald via AP

Plenty of examples exist confirming that sulfide mines can release pollutants for years after their closure. In fact, more than 40 percent of the streams in the western US are contaminated by acid mine drainage, according to the EPA. A disastrous 2015 spill from Colorado’s Gold King Mine, for example, released millions of gallons of acid mine drainage into Colorado’s Animas River, devastating nearby farmland and the Navajo Nation.

At the time of the spill, EPA contractors had been working to mitigate pollution from the mine, when they accidentally breached a containment dam inside it, sending cadmium, lead, arsenic, and other toxic elements into the river.

Here’s the kicker: The mine had been abandoned since 1923. While mining pollution controls have certainly improved since then, the Gold King disaster does show what's at stake if even those improved controls fail. 

The Navajo Nation sued the EPA in August of 2016, demanding $160 million in compensation for damage to tribal lands, farms, cattle herds, and gardens. Senator John McCain (R-AZ) noted that the total economic impact on the Navajo from the spill could total $335 million. The EPA had accepted responsibility for the accident, but officials said it didn’t have to pay damages under “sovereign immunity” laws. The Navajo lawsuit is still pending.

Meanwhile, in Menominee, local activists fear what happened in Colorado and other sulfide mine sites could happen to them. They say Aquila is already trying to hide the potential environmental fallout from its plans for the Back Forty Mine, pointing to the fact that the company’s Michigan state permit applications state that the life of the mine [LOM] will be approximately seven years. But several Aquila press releases say that the mine will be operational for 16 years, meaning it will have more than twice the impact than what’s in the permit applications.

By minimizing LOM, the company can misrepresent the mine’s effects, says Gedicks. “Aquila is excluding half of all the potential impacts on water quality, air quality, and potential discharge of waste on site,” he says. “That deprives the public of the ability to understand what the impact of the mine would be. There’s effectively no transparency.”

While Aquila and the Michigan Department of Environmental Quality (DEQ) have made plenty of promises that the mine will adhere to “strict” environmental and water-quality regulations, the Menominee and other local activists have significant doubts. (Aquila did not respond to Green America requests for comment.)

The Power of Community

Caption: A coalition of Menominee Tribal members and residents of the towns near the Menominee River celebrate after the Menominee County Board passed a resolution opposing the Back Forty Mine in August. Photo via Andi Rich

Word of mouth travels quickly in North Woods communities. If you happen to move to the area, people will likely know your name, what kind of car you drive, and where you live before you even lay eyes on them for the first time. Those lines of small-town communication have been critical to spreading the word about the potential impacts of the mine. Community activist Andi Rich is the owner of Hammer Construction in Marinette, WI. At first, she says, she was concerned about the environmental impacts of the mine. But then she realized it might also affect her business.

“We do home improvement, which a lot of people use home equity loans to finance,” she says. “If this mine goes through, it’s a ticking time bomb on Marinette’s water supply. And if I was looking at buying a house in Marinette, and there’s a mine going in, I’m not going to buy a house anymore. Who’s going to want to move here? Home equity is going to disappear in the entire city.”

Not to mention the impacts on fishing families, fly-fishing guides, boat and kayak rental outlets, outdoor equipment stores, and other businesses that rely on North Woods tourism, she says.

So Rich went to a meeting of local citizens who were concerned about the mine. She found it “enthusiastic but not very organized,” so she started asking herself what she could do to help. She put in an order for some yard signs and brought about a dozen bearing the words “Save the Menominee River! Stop the Back Forty Mine!” to the next meeting. The signs vanished in a heartbeat, and Rich was bombarded with requests for more. So she ordered more.

And that’s how she became one of the people steering the citizen action group to Save the Menominee River. The group put up a public Facebook page and started organizing protests. Most take place in front of the Ogden Club, a bar and restaurant in Menominee, MI, owned by Aquila Resources’ communications manager Robin Quigley and former vice-president of exploration Tom Quigley. Aquila “rents” offices on the Ogden Club’s second floor.

The protests occur about twice a month. Group members also table local events, hand out fliers, speak at local schools, and turn out en masse in their “Save the River” shirts in local parades. They’ve urged a boycott of the Ogden Club and have pressed local city and county boards to adopt resolutions opposing the mine.

“Nobody I run into in daily life is for this mine,” says Rich.

It does indeed appear that Aquila has close to no social license for the mine. Community members say that business has dropped considerably at the Ogden Club because of the boycott. And when the Michigan DEQ held a public comment period on the mine permits, it generated over 2,000 comments against the mine, a full 98 percent of all comments. To date, four local towns and eight tribal governments have passed resolutions opposing the mine. In August, Menominee County, home to Aquila’s Upper Michigan offices, joined Green Bay’s Brown County and two others in passing similar resolutions. After their vote, the board had to wait several minutes for the cheering in the crowded room to quiet.

“Those Are Our Ancestors”

The Menominee Nation has worked closely with the Save the Menominee River group, providing the critical environmental justice voice to the mix.

When the Standing Rock Sioux put their bodies in front of the construction crews coming to place a stretch of the Dakota Access Pipeline on their traditional lands, their biggest concern was that the pipeline would desecrate the burial sites of their ancestors. The Menominee share a similar concern with one key difference: The Sioux strongly suspect their ancestors lay under DAPL’s path.

“We have actual physical proof,” says Reiter. “We have 22 ancestors that are literally right there on the mine site.”
Aquila claims that the mine will not disturb Menominee cultural resources—which it determined by conducting its own archaeological survey, rather than having an independent entity do so. The  company did not consult with the Menominee Nation.

“They did a very limited archaeological survey where we weren’t included,” says Reiter. “They determined what was important, what was sacred, without us even being there. The quality of work they did was not up to the standards that we would do.”

His tone takes a sarcastic turn: “They were, of course, fortunate to be able to find the mounds that are eight feet tall in some areas, but they weren’t able to find others.”

Even so, Aquila’s survey did discover cultural sites within their project area, although not where the pit will be located, says Reiter. In fact, the University of Michigan had surveyed some of the archaeological sites and burial mounds on and near what is now the mine site back in the 1950s. It recently conducted testing of the bodies they excavated back then, and in February of this year, determined that they were indeed genetic ancestors of the Menominee. Those ancestors “came home” to the Menominee reservation in Keshena, WI, for reburial and tribal honors this summer.

In 48 states, it’s required by law—specifically, the National Historic Preservation Act—that companies get the free, prior, and informed Consent (FPIC) of Native Tribes before conducting development projects on their lands or archaeological sites. Unfortunately for the Menominee, Michigan is one of two states that are exempt from that law.

“The federal government has delegated the entire mine permitting authority to the Michigan government, and Michigan says they don’t have to consult with the Menominee Tribe,” says Gedicks. “If the mine had been located across the river in Wisconsin, [Aquila] never would have been able to get away with this nonsense.”

Aquila needed four permits from the Michigan DEQ to start digging the Back Forty pit. Despite the fact that the public is overwhelmingly opposed to the project, Aquila received the third permit in February. Now, the company is only a wetlands permit away from shovels hitting the ground. Reiter, Rich, and others know that time is running out, so they’re stepping up their efforts to stop the mine.

The Wisconsin Resources Protection Council and another local organization, Save the Wild UP, have sent letters to the Ontario Securities Commission, which is responsible for investment regulation in Canada, stating that the life-of-mine information Aquila sent to Michigan is fraudulent and a violation of securities regulations. The groups are also demanding that the DEQ deny the wetlands permit on the basis of this information.

If the DEQ approves the final permit, Reiter says that the Menominee are prepared to put their bodies between Aquila’s heavy machinery and the Menominee’s sacred traditional land.

“If it comes between standing machines and my ancestors, I’m going to do that, and gladly,” he says. “We, the Menominee, were given the responsibility to look after that river and land by the Creator thousands of years ago, and that supersedes any treaty or law. This Menominee River is a part of me; its essence is within my soul. There isn’t a Menominee Indian around who wouldn’t feel connected and unified standing next to the river while gazing on its sacred banks and water.”

Several community members will likely join them. But Rich hopes it won’t come to that: “[Support has] started growing rapidly in the last couple of months. More people are putting up signs. For the first time, I’m very hopeful we can stop this mine.”

UPDATE (2/19/2018): On January 22, 2018, the Menominee Nation filed a lawsuit in federal district court against the Army Corps of Engineers and the US EPA, claiming the agencies have failed to adequately review permits for the Back Forty mine.

The Menominee state in their lawsuit that the EPA and the Army Corps should have taken over the permitting process under Clean Water Act rules, rather than leaving oversight to the Michigan DEQ. 

“The Menominee River and its wetlands are interstate federal waters, used in interstate commerce under the law. So under the law, this permit cannot be controlled by one state,” says Janette Brimmer, an Earthjustice lawyer who represents the tribe, in a statement. “The Clean Water Act is clear that the federal agencies must have the primary role and jurisdiction in this permitting process, and that they are legally obligated to comply with additional protections for the Menominee River under federal law.”

UPDATE (4/19/2018): On March 8th, the EPA and the Army Corps of Engineers sent a notice to the Michigan Department of Environmental Quality, stating that the agencies had questions about the wetlands permit for the Back Forty Mine. The letter cited several areas of concern over the mine's permit application, including that Aquila's application doesn't specify how the company plans to prevent the leaching of toxic compounds from the mine site, and how the company will protect the river during heavy rains. 

The agencies gave the Michigan DEQ and Aquila 90 days from the date of the letter to adequately resolve the issues in the letter. If they cannot, permitting authority would transfer from the DEQ to the Army Corps.

Activists are hesitant to call the letter a victory, since even if the Army Corps takes over the permitting authority, it could still eventually grant the wetlands permit and pave the way for mine construction. However, they say that it does buy them more time to work to stop the mine. 

Take Action

Aquila Resources is a publicly traded company on the Toronto Stock Exchange. The Wisconsin Resources Protection Council says that one of the most powerful things people can do is contact the companies funding mine to voice your opposition.

Sign Green America’s letter to the companies funding the Back Forty Mine—Orion Mine Finance, Hudbay Minerals, and Ruffer—telling them the mine has no community support and asking them to withdraw funding. 

American Rivers is collecting signatures for a  petition to the Michigan DEQ, asking it to deny Aquila’s last permit for the Back Forty Mine.

Keep informed about the Menominee Nation’s fight against the mine on their campaign website: NoBack40.org.  

Support the Menominee Tribe’s GoFundMe campaign to crowdfund their legal opposition to the mine.

Header photo by Brian Benkowski.  Read Benkowski’s article series, “Sacred Water: Environmental Justice in Indian Country,” at ehn.org/ehs/news/2016/tribal-series/sacred-water/. 

Water supplies across the US have become contaminated by toxins from the energy, mining, and agricultural industries, among others—wreaking havoc on vulnerable ecosystems and human health. But local communities are taking action to ensure clean water for all.