Judge denies tribe’s request to halt mining company’s drilling plans

STAFF WITH THE Wisconsin Department of Natural Resources and the U.S. Forest Service meet with representatives of GreenLight Metals at the site of proposed drilling within the Chequamegon-Nicolet National Forest. (Photo courtesy of GreenLight Metals)
A Taylor County judge has denied a northern Wisconsin tribe’s request to temporarily halt state approval of a mining company’s plans to drill for copper and gold on Forest Service land near Medford.
In February, the Wisconsin Department of Natural Resources issued a general construction site permit for mining company Green Light Wisconsin to drill at the Bend Deposit in Taylor County. The deposit is believed to contain 4.2 million tons of mostly copper and gold.
In March, the Lac du Flambeau Band of Lake Superior Chippewa sued the DNR. The tribe argued the agency violated state law because Green Light’s activities required an industrial permit for storm water discharges related to drilling. The DNR and Green Light disputed that.
Without an industrial permit, the tribe argued drilling may cause irreparable harm to environmental, cultural and historic sites. They include wetlands, wild rice beds, endangered species like the northern long-eared bat and cultural sites known as the Big and Little Indian Farms that are linked to historic Indian trails and burial sites.
In a decision Friday, Taylor County Circuit Court Judge Ann N. Knox-Bauer said the tribe failed to show that only an industrial permit would provide adequate protection from stormwater runoff during drilling.
“The petitioner asserts that the area in question has great cultural and environmental significance, and there is no doubt about that fact. However, there has been nothing presented by the petitioner that indicates the area cannot be adequately protected by the general permit issued by the DNR,” Knox-Bauer wrote.
Tribe spokesperson Araia Breedlove declined to comment on the ruling.
In a June 2 hearing, the tribe’s attorney, Andrew Adams, told the court it’s difficult to quantify potential environmental effects from drilling.
“But (tribal officials) are so concerned about it that they brought this action because they don’t want the environment impacted within ceded territory,” Adams said.
The Wisconsin Department of Justice represented the DNR in the case. Karen Heineman, special assistant attorney general, has said an industrial permit would not provide any significant additional protections, adding that no discharges from the site would come in contact with drilling materials.
The company has said it plans to drill eight holes on six drill sites spanning less than an acre sometime this summer. The exploration is expected to last around 10 weeks.
Steve Donohue, who serves on the board of directors for Green Light Wisconsin, said in an email the company is pleased with the judge’s decision.
“Green Light intends to fully comply with the requirements of the permits that have been issued by the Wisconsin Department of Natural Resources and the U.S. Forest Service,” Donohue wrote. “Our drill plans will be conducted in a manner that protects water resources and the environment.”
Donohue said the company is still evaluating a schedule for exploration, adding it will notify agencies in writing as required by law.
Green Light needs to provide the state with 48-hour notice prior to drilling, according to the DNR.
Metals like gold and copper haven’t been mined in Wisconsin since the Flambeau Mine shut down in 1997. The mine served as a catalyst for the state’s sulfide mining moratorium that was repealed in 2017 under a law passed by the Republican-controlled state Legislature.
Green Light CEO Matt Filgate has stressed the need for critical metals to support electrification and the shift away from fossil fuels, even as President Donald Trump has doubled down on coal and proposed cutting billions for renewable energy and electric vehicle chargers. Even so, Trump has sought to boost domestic mineral production with a goal of creating jobs and reducing foreign reliance on metals used for EVs and microprocessors.
To date, the company has said around $7.5 million has been invested in exploring the Bend site, including more than 50 drill holes.
Green Light said it plans to submit permit applications to conduct drilling for zinc and copper at the Lobo and Lobo East deposits near Crandon in the coming weeks. The company also aims to begin permitting for the Reef deposit near Wausau this fall with plans to drill for gold early next year.