Citizen Arrested for “Trespassing” on Public Land

Cynthia Pryor, at Eagle Rock on April 15, 2010; Photo courtesy Chauncey Moran

A Big Bay resident was arrested today for “trespassing” on public land in the Escanaba River State Forest, in northern Marquette County.  Cynthia Pryor planned on visiting Eagle Rock, site of Kennecott Minerals’ proposed “Eagle” mine, to keep an eye on the company’s activities.  She was arrested while sitting on an old tree stump with her dog, Sophie.

She arrived to find Kennecott removing trees and widening a short road leading from the Triple A road to Eagle Rock, where the company plans to blast a portal for the mine. Pryor was confronted by Kennecott security guards who informed her that she was “trespassing” on land leased by the company from the State of Michigan.  Reportedly, Pryor responded that she believed she was not trespassing, as she was on public land and Kennecott lacked a permit to begin construction activities at the site.  Company security made some calls to area law enforcement, reporting Pryor’s presence at the small tract of public forest.

Both state and county law enforcement responded and informed Pryor that she was trespassing and told her to leave.  Pryor refused, reiterating that she was not trespassing, as the site is on public land.

Pryor has been visited in jail by legal counsel.  The Reverend Jon Magnuson, a close friend, attempted to speak with her this evening.  According to Magnuson, while he wasn’t allowed to visit with Pryor, he was able to pass prayers along to her.

“Civil disobedience has a long and noble tradition in American democracy and part of the religious responsibility is to honor and respect that,” said Magnuson.

Students listen to a speaker on Eagle Rock; Photo courtesy Chauncey Moran

Kennecott, a subsidiary of Rio Tinto, has proposed to mine under the Salmon Trout River and through Eagle Rock, a sacred site to the Keweenaw Bay Indian Community (KBIC).  Jessica Koski, a member of KBIC, attended Rio Tinto’s annual shareholder’s meeting, in London, last Thursday and expressed opposition to the Eagle Mine.  While Koski was at the London meeting, community members gathered at Eagle Rock to celebrate public land rights.  Kennecott security spoke to some attendees, but citizens remained on the land for the entire day and no confrontation or arrests took place.

“It’s interesting that it wasn’t trespassing on Thursday when roughly forty citizens gathered on Eagle Rock,” said Big Bay citizen Adrian Bakker.

According to a state lease for the mine site, Kennecott must have all permits in hand before the land use lease is official.  The company still lacks a federal permit for discharging wastewater at the site.

In a letter dated March 22, Rio Tinto’s Eagle Project manager, Jon Cherry, notified the Michigan Department of Natural Resources and Environment (DNRE) that the company “has determined” that it doesn’t need permits from the US Environmental Protection Agency (EPA) for wastewater injection permits at the proposed Eagle Mine.  According to Cherry, Rio Tinto “certifies” that it has all the permits it needs to begin mine construction.

In a quick response on the same day, Lynne Boyd, Chief of the DNRE’s Forest Management Division, agreed that Rio Tinto could begin its project, “based on the certifications” the company provided.

According to one official the news “surprised and confused” federal agencies that “have not made a decision” on whether or not Rio Tinto must still obtain federal permits for its redesigned wastewater drainage system.

Kennecott staging equipment on private property next to the proposed Eagle Mine site

Two days ago Kennecott spokesperson, Matt Johnson, former district representative for Governor Jennifer Granholm, said the mining company has still not received a response from the EPA on whether the company needs a federal permit.

Pryor is currently awaiting arraignment in the Marquette County Jail.  She has refused bail.