Democratic Gov. Tim Walz moved Tuesday to block mining near the pristine Boundary Waters in northern Minnesota, dealing a blow to Republican efforts that have sought to push forward a copper and nickel project in the region.
The governor signed an executive order to temporarily prohibit mining near the Boundary Waters Canoe Area Wilderness and directed state agencies to halt all permitting of mining projects in the Rainy River Headwaters Watershed, which flows into the vast wilderness that includes more than 1,000 lakes and spans 150 miles along the U.S.-Canada border. The order will take effect during the remaining months of Walz’s term, but is then vulnerable to repeal.
The order also directs the Minnesota Department of Natural Resources, or DNR, not to issue any new leases or permits for nonferrous mineral mining projects in the watershed and immediately review mineral leases in the area. Nonferrous mining means digging for metals and ore like copper, aluminum, nickel, zinc and lead.
At an outdoors news conference outside of Minneapolis, Walz unveiled the order and blasted Republicans and the Trump administration for earlier this year using the Congressional Review Act to scrap a Biden-era ban on mining near the Boundary Waters. Walz said he’s using his full executive authority to protect the area’s waters and wildlife, as well as outfitters, small businesses and communities that rely on those resources.
“You’re talking about managing the most pristine waters in the world, the most complicated, with one of the riskiest forms of mining. These people can’t manage a reflecting pool, so why would we think they could manage this mine,” Walz said. “Bottom line is they’re not going to be mining the Boundary Waters as long as Minnesota stands up.”
The order directs the state DNR to draft legislation for permanent protections. That means Minnesota’s next governor — who will be determined this fall — and future Legislature will determine whether the ban stays.
The Senate voted 50-49 in April to pass H.J. Res 140, from Rep. Pete Stauber (R-Minn.), chair of the House Natural Resources Subcommittee on Energy and Mineral Resources. The House cleared the measure in January.
Approval of that resolution marked a major defeat for Democrats, environmental groups and hunting advocates, who argued for months that mining near the pristine Boundary Waters is too risky.
Opponents fear companies tapping into sulfide ore containing metals such as copper and nickel in northern Minnesota will also release sulfuric acid and heavy metals into wetlands and rivers. That runoff, they argue, could then leach into waterways flowing into Lake Superior or the Boundary Waters.
Stauber and other lawmakers countered that the U.S. desperately needs to increase U.S. production of metals and minerals required for technology and economic growth. They denied that a project by Twin Metals Minnesota, a subsidiary of Chilean mining company Antofagasta, would harm the Boundary Waters.
Conservation groups, tribes and local business owners at the news conference on Tuesday applauded Walz and his administration, but the move drew sharp criticism from the White House, mining advocates and Stauber, whose district includes the Twin Metals project.
“Democrats like Tim Walz want to dismantle America’s mining industry and weaken our critical supply chains, putting both our economic and national security at serious risk,” said White House spokesperson Taylor Rogers. “Thankfully, President Trump has done more than any president in recent history to revitalize our mining sector, strengthen our supply chains, and safeguard our national security.”
Stauber in a statement accused Walz of waging war on the state’s economy. “In the twilight of his failed Administration, it is disappointing, yet unsurprising to learn that Governor Walz has launched a spiteful and harmful attack against the hardworking people of the Iron Range,” Stauber said. “Simply put, the Governor’s executive order is an outright war on Northern Minnesota and our way of life.”
The order is a “political decision dressed up as an environmental one, and Minnesotans deserve to know the difference,” added Julie Lucas, executive director of MiningMinnesota, a nonprofit whose members include Twin Metals.
The state DNR, she said, wrapped up a six-year legal review that “considered more than 4,000 public comments and the most current science available, and ruled definitively that Minnesota’s nonferrous mining regulations are strong enough to protect the Boundary Waters and its watershed.”
Lucas said the governor’s order “lacks legal standing and precedence.”
But Democratic Minnesota Sen. Tina Smith said the order reflects strong state support for the Boundary Waters even in a state with a long history of mining. The Trump administration and Republicans in Congress, she said, ignored the science and overturned protections for the area to allow foreign mining companies to extract the state’s metals and ship them to China. “I’m glad Minnesota is standing up to protect this precious place,” said Smith.
A spokesperson for Democratic Sen. Amy Klobuchar, who is running for governor, did not immediately respond to a request for comment. Lisa Demuth, the state House speaker and Republican candidate for governor, said in a statement that, “Tim Walz, Amy Klobuchar and Democrats in the legislature continue their hostility toward Minnesota mining, taking job growth opportunities off the table before they can even go through the regulatory review process.” As governor, Demuth said she would work to ensure mining is part of the state’s future.
Ingrid Lyons, executive director of the advocacy group Save the Boundary Waters, noted that despite the temporary nature of Walz’s order, it is valuable given the recent federal push to allow mining in the region.
“This is a victory not only for Minnesota, but for wildlife and for everyone who loves nature and spending time in the great outdoors,” Environment America Executive Director Lisa Frank said in a statement. “Mining would have put all of that at great risk. Some extra copper isn’t worth that.”
What comes next?
Under Walz’s order, the DNR must work with the Minnesota Pollution Control Agency to halt all new environmental review and permitting work on proposals for nonferrous mineral mining in the Rainy River watershed until a specific lawsuit is fully resolved.
That litigation is related to the state’s nonferrous mine siting rule. DNR Commissioner Sarah Strommen said the agency has already determined that that rule needs updating to “better protect the Boundary Waters from noise and light,” and has been appealed by both Twin Metals and environmental groups.
“We simply cannot and should not allocate our limited and valuable staff resources to reviewing proposed nonferrous mining projects in this watershed, when the department has already concluded that the mine siting rules for this watershed should be updated to better protect the Boundary Waters from light and noise,” said Strommen.
A second provision of the order blocks the DNR from participating as a cooperating agency in any federal environmental review of a proposed nonferrous mineral mining project in the Rainy River watershed. Strommen said that part of the order recognizes that Twin Metals may initiate a mining proposal at the federal level that would trigger the start of a federal environmental review process.
“Because of the ongoing litigation and potential future rulemaking that I mentioned earlier, it would not be prudent for the DNR to participate as a cooperating agency in any federal environmental review,” she said.
Yet another portion of the order requires the state agency to review all existing mineral leases located within the Rainy River headwaters watershed and strictly enforce compliance with the terms of those leases to the fullest extent of the law. Strommen said her agency will review 38 mineral leases in the watershed, including one held by Twin Metals that “many Minnesotans have called for DNR to terminate for failing to meet production requirements.”
“There are 38 mineral non-ferrous mineral leases in the watershed that we will review,” said Strommen. “Among these is one specific lease that is held by Twin Metals and for which many Minnesotans have called for DNR to terminate for failing to meet production requirements.” She added, “We have not made any decisions yet about that lease, but we are in the process of reviewing it, and this executive order solidifies that careful review.”
But Kathy Graul, director of public affairs and communications for Twin Metals Minnesota, countered that the DNR issued a legal decision in April that found the state’s existing environmental laws are protective of the Boundary Waters Canoe Area Wilderness and the Rainy River headwaters watershed. That conclusion, she said, was reached “through a process that included expert testimony, opportunities for public comments, and review by an administrative judge.” Walz’s order, she said, “directly contradicts these independent findings and unnecessarily hinders the responsible development of Minnesota’s natural resources,” and the state’s regulatory framework already requires proposed mining projects to prove they can meet “some of the world’s most rigorous environmental and labor standards before they are allowed to proceed.”
“This action contradicts this long-standing framework and delays development of our state’s critical minerals,” said Graul. “The Twin Metals project has yet to be evaluated through that framework, but it will be required of us before any permits can be issued.”
While only Minnesota’s Legislature can ban mining in the watershed, Walz’s order takes “bold steps” by calling on state regulators to draft legislative language to permanently bar nonferrous mineral mining in the watershed for consideration in the agency’s budget and policy proposals, Strommen added.
“DNR will bring forward that legislative proposal as an agency proposal, and we look forward to collaborating with the legislators who have authored similar bills previously,” she said.
Democratic Rep. Betty McCollum of Minnesota in a statement said she supported Walz’s decision and called on Congress to pass legislation to permanently protect the Boundary Waters. McCollum and other Democrats have floated language in the past to ban mining near the wilderness area.
“The danger of copper mining to our clean water is clear and overwhelming: 100% of copper mines have failed, leading to polluted water,” McCollum said.
James Bikales contributed to this report.
