President Joe Biden and first lady Jill Biden are greeted by Canadian Prime Minister Justin Trudeau, second from right, and his wife Sophie Gregoire Trudeau, left, at Rideau Cottage, Thursday, March 23, 2023, in Ottawa, Canada. (AP Photo/Andrew Harnik)
WASHINGTON – Canada and the U.S. hope to reach a tentative deal by summer to “reduce and mitigate” the impact of toxic mining runoff in B.C. and the Pacific Northwest that has been leaching for years into a vital cross-border watershed.
Any agreement would be in partnership with U.S. tribes and Indigenous Peoples, according to a joint statement issued Friday after Prime Minister Justin Trudeau and President Joe Biden met in Ottawa.
But the statement makes no mention of the biggest ask from conservationists and Indigenous leaders: an investigation by the International Joint Commission under the auspices of the 1909 Boundary Waters Treaty.
“Canada and the United States also intend to reach an agreement in principle by this summer to reduce and mitigate the impacts of water pollution in the Elk-Kootenay watershed,” it reads.
Such an agreement would aim to “protect the people and species that depend on this vital river system.”
Indigenous groups from both sides of the Canada-U.S. border have been working in recent months on an alliance with Congress and the Biden administration to pressure Ottawa into a bipartisan effort to deal with the pollution.
Communities in B.C., Washington state, Idaho and Montana have been contending for more than a decade with selenium and other toxins leaching into their watershed from coal mining operations in the province’s Elk Valley.
“It’s confounding,” said Erin Sexton, a University of Montana research scientist who specializes in Canada-U.S. transboundary rivers, of the ongoing resistance to engaging the joint commission.
“It’s like the perfect solution, because it allows for all governments to be seated at the table in the process.”
The principal mining player in the region, Teck Resources, has already spent more than $1.2 billion in an effort to fix the problem, with plans for $750 million more over the next two years.
That strategy includes the Elk Valley Water Quality Plan, developed with help from Indigenous stakeholders, the U.S. Environmental Protection Agency, the state government in Montana, the B.C. government and Ottawa.
Teck has described the plan as “among the largest and most collaborative water quality management and monitoring programs in the world,” alongside water treatment and mitigation efforts the company says have already proven effective.
But Indigenous leaders say selenium levels in the water are still too high.
The goal for years has been a reference, or investigation, under the auspices of the International Joint Commission, the body that mediates disputes and enforces the terms of the bilateral Boundary Waters Treaty.
But both countries must agree to it, and Canada has been reticent, prompting a bilateral delegation of Indigenous leaders and experts from the Pacific Northwest to travel to D.C. back in December for meetings on Capitol Hill.
They met with Democrat and Republican lawmakers from Alaska, Washington and Montana, as well as officials from the Interior Department and the Environmental Protection Agency.
Last June, following meetings with several U.S. tribes, the State Department reaffirmed its own support for a joint reference to investigate the transboundary impact of Canadian mining in the region.
While the bulk of the mining activity in the region is relatively old-school – coal, gold, silver and copper – conservationists also fear a looming new North American extraction frenzy, this one in search of the precious, climate-friendly critical minerals that now fuel life in the 21st century.
On Friday, Biden and Trudeau announced a fresh bilateral commitment to building a “strong, environmentally responsible and resilient” supply chain for critical minerals across North America.
“We are committed to identifying, securing, and developing critical minerals extraction, processing, manufacturing, and recycling opportunities in both countries,” the statement said.
They vowed to meet “strong environmental, sustainability, worker, health and safety, Indigenous and tribal consultation and partnership, and community engagement standards.”
They also promised progress on a modern treaty for the Columbia River basin, a trans-boundary watershed that incorporates much of the Kootenay and Elk River basin while extending down to northern Nevada and northwestern Wyoming.
Those talks, which have been ongoing since 2018 and held a recent session in D.C. just this week, are focused on new rules for flood risk management, power generation and shared environmental benefits.
“The Columbia River is a vital shared resource that underpins many lives and industries on both sides of the border,” the two leaders said. “The watershed requires our attention and prompt co-ordination.”
This report by The Canadian Press was first published Friday, March 24, 2023.
