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THE RESERVE MINING CASE: SCIENTIFIC ISSUES THAT CREATED AND TRANSFORMED THE LANDMARK CASE AND STILL PERSIST TODAY
Citation:
Cook, P. M. THE RESERVE MINING CASE: SCIENTIFIC ISSUES THAT CREATED AND TRANSFORMED THE LANDMARK CASE AND STILL PERSIST TODAY. Presented at Minneapolis Environmental Law Section of Minnesota Bar Association, Minneapolis, MN, April 23, 2004.
Description:
The Reserve Mining Case is regarded as the first landmark environmental and public health case and originated from Lake Superior Enforcement Conferences conducted under the Federal Water Pollution Control Act before U.S. EPA was formed. In 1973 just before the federal trial began, the focus of ecological and aesthetic damage to Lake Superior from the discharge of taconite tailings from Reserve's Silver Bay ore processing facility abruptly turned to concern for humas health risks associated with amphibole fibers in the fine tailings. The growing awareness of diseases associated with inhalation and posssibly ingestion of microscopic asbestos fiber converged with EPA's data collection activities in support of the litigation. The scientific issues argued during the Reserve Mining Case resulted in the cessation of the tailings discharge in favor of on land disposal practices that reduced human exposures to the amphibole fibers but many issues are unresolved and are associated with other environmental problems today. The Reserve Mining Case catalyzed research which has led to improved analytical methods and risk assessment capabilities.