WASHINGTON – Despite hours of impassioned arguments from Sen. Tina Smith, the U.S. Senate ended a Biden-era moratorium on mining in the Boundary Waters Canoe Area Wilderness watershed.
The vote on Thursday removed a major hurdle for Twin Metals, which has battled to extract nickel, copper and other metals in Superior National Forest.
Twin Metals, which has tried to establish a mine in that area since 2019, will soon be able to request federal permits to restart work on that project after President Donald Trump, as expected, signs into law the resolution that would lift the 20-year moratorium.
The moratorium was put in place by the U.S. Forest Service in 2023 because of concerns over the environmental dangers of sulfide mining and the possible contamination of a favored destination for canoers and sportsmen.
But Twin Metals still has to clear a number of federal and state hurdles – including the reinstatement of federal leases cancelled by the Biden administration in 2022.
Related: Opponents hope clock runs out on bill to lift sulfide mining ban in Boundary Waters watershed
Smith began a talking filibuster Wednesday in opposition of the resolution and spoke for hours.
“If they want to go against the will of Minnesotans, then I am going to hold the Senate floor for hours to give them every opportunity to change their minds and do the right thing,” Smith said.
She said the use of the Congressional Review Act (CRA) to repeal the mining ban was “a dangerous precedent” that would allow Congress to undo any action taken by an administration.
“Future Congresses will be able to undo any order, even seven years later,” removing protections from public lands dear to both Democrats and Republicans in the Senate, Smith said.
She warned her fellow senators “what goes around, comes around.”
A CRA can overturn federal agency rules and regulations through a joint resolution of approval in both the House and Senate and a president’s signature. That means it is not bound by the filibuster rule, which requires 60 votes to pass most legislation.
Sen. Amy Klobuchar, who is the granddaughter of an Iron Range miner, also warned that the unprecedented use of a CRA to repeal a public land order would endanger all protected lands.
“The CRA threatens the protective status of the Grand Canyon,” she said.
Minnesota’s Democratic senators also warned of the devastating environmental impact of the copper-sulfide mining near the 3 million acre Boundary Waters.
“In 100% of the instances (these mines) have always caused pollution,” Smith said.
Smith also said removal of the moratorium was opposed by Minnesota tribes that have treaty rights to hunt, fish and harvest wild rice in the Superior National Forest and other tribes across the nation.
Michael Fairbanks, chairman of White Earth Nation, said tribes will continue partnering with environmental, sporting and other groups to stop mining projects that “cross our boundary when it comes to our treaty rights.”
“We’re going to put up a good fight and prevail,” he said. “We’re going to dig in now.”
Smith also argued that Twin Metals, a subsidiary of Chilean mining company Antofagasta, would send any ore extracted from the Superior National Forest to smelters in China.
But among Senate Republicans who hold a majority, the arguments of Minnesota’s Democratic senators did not win the day.
Stauber scores a win
The resolution was approved on a 50-49 largely partisan vote on Thursday. It would not only lift the moratorium on sulfide mining in the Boundary Waters watershed, but it would also prohibit another president from re-establishing such a ban.
Yet a different Congress – with the backing of a future president – could always approve a new prohibition on mining in the Superior National Forest.
The Senate vote was a big victory for Rep. Pete Stauber, R-8th District, who sponsored the resolution that won approval in the U.S. House in January.
“A major victory for America and Minnesota’s 8th Congressional District was secured today,” a jubilant Stauber posted on X shortly after the vote. “The Senate just passed my bill to reverse Biden’s illegal mining ban in the Superior National Forest – it’s now headed to the President’s desk! Mining is our past, our present, and our future – and the future looks bright!”
The filibuster, which gives minority Democrats leverage in the U.S. Senate, had always prevented Stauber from winning approval of his mining initiatives in that chamber.
So, Stauber turned to the CRA. Approved in 1996, the act was aimed at making federal agencies more accountable.
Related: House Republicans vote to lift 20-year ban on mining near pristine Boundary Waters Canoe Area
Congress passed the CRA to prevent a lame duck president from pushing through massive policy changes right before a new president is inaugurated. It mandates a resolution of disapproval to be considered 60 days after a rules change. But the mineral withdrawal was implemented on Jan. 26, 2023, which prompted the resolution’s opponents to call foul.
“(This) opens a scary Pandora’s box,” said Ingrid Lyons, executive director of Save the Boundary Waters. “And so this is a dark day for the Boundary Waters, no doubt, but also a dark day for public lands across the country.”
While environmentalists, conservation, sporting and tribal groups lobbied to defeat the resolution, the nation’s mining industry worked to secure its approval.
“Today we need action to reverse prior and guard against future unwarranted land grabs. We urge the Senate to pass the Congressional Review Act resolution from @RepPeteStauber reversing the improper Biden-era Minnesota land withdrawal, which blocked responsible mining on more than 220,000 acres of mineral rich land,” the National Mining Association said in a post on X Thursday. “Securing access to domestic minerals has never been more important; this CRA is a key step for national and economic security.”
Julie Lucas, MiningMinnesota’s executive director, called the vote an important step for workers, Iron Range communities and domestic mineral supply chains.
“This vote does not open a mine. It opens the door for a transparent, science-based review. Mining and environmental protections can co-exist, and our industry is committed to making sure that happens,” she said in a statement.
Reporter Brian Arola contributed to this report.
Editor’s note: This story has been updated to add comments from Michael Fairbanks and Ingrid Lyons.
