Cleaning up the Kootenai River and holding polluters accountable

By Jennifer Ekstrom
Reader Staff

Mountaintop removal coal mines near Fernie, British Columbia, have long polluted the Kootenai River in Idaho. For decades, the gorgeous Rocky Mountains have been blasted to exploit coal, with most of it being shipped around the world and burned for steelmaking. In addition to the climate impacts, the pollution downriver is undermining the Kootenai Tribe of Idaho’s efforts to restore endangered Kootenai River white sturgeon and burbot fisheries. 

For too long, nothing significant has been done to fix the problem. The Idaho Conservation League is hopeful that is changing.

Over the past 10 months, the International Joint Commission (IJC) has been working to address the coal mine pollution dispute under the Boundary Waters Treaty of 1909. This independent body is tasked with resolving water disputes between the United States and Canada, and its activation marked a historic step toward cleaning up the Kootenai River in Idaho. It’s the first time ever that tribes and First Nations have their rightful seats at the decision-making table under this treaty.

The Kootenai River. Courtesy photo

The study board established by the IJC is composed of both scientific experts and Indigenous knowledge holders. This approach is designed to integrate rigorous scientific analysis with time-tested traditional insights about the land and water. Together, the study board members will offer a comprehensive assessment of the challenges and guide the implementation of effective solutions. The study board is scheduled to prepare an interim report by fall 2025, and a final report by September 2026. There will be opportunities for the public to give input during the process. 

As North Idaho director, I have been appointed to the IJC’s Public Advisory Group. This appointment underscores the focus on a transparent, inclusive process, as ICL has long been a vocal advocate for stringent measures to tackle the pollution. We are urging the IJC to incorporate several critical considerations, including:

• Improved water treatment — The mining in the Elk Valley has caused widespread water pollution that poses a significant threat to aquatic life, fish populations and human health. Although localized water treatment efforts at the mine sites have shown that selenium can be effectively removed, they have treated only a miniscule fraction of the water released by these mines. It is imperative to build sufficient water treatment infrastructure at the speed and scale necessary, and must be the highest priority until the pollution is permanently resolved.

• Financial accountability — It is unacceptable for taxpayers or affected communities to bear the cost of cleanup when corporations have profited immensely from activities that caused this environmental crisis. The mining corporations should be required to establish a permanent trust fund dedicated to financing water treatment, which will be necessary for centuries after the mines are closed.

• Moratorium on new mines or mine expansions — No new mines or expansions should be permitted until wastewater treatment systems are in place that can effectively eliminate both current and future sources of water contamination. 

• Consistent cross-boundary, enforceable water quality standards — Strict, enforceable water quality standards that apply uniformly on both sides of the U.S.-Canada border are needed. Limits on selenium pollution were adopted on the U.S. side of the border, but Canadian provincial and federal governments have yet to adopt and enforce a consistent standard on their side, allowing pollution to flow unchecked into the U.S. 

• Water quality monitoring and long-term shared management of our watersheds — Recognizing the persistent nature of the pollution, water quality monitoring in the Elk-Kootenai watershed must continue well beyond the two-year study period. Monitoring should extend at least to the confluence of the Kootenai and Columbia rivers — and potentially farther downstream — until water quality standards are not only met but maintained over an extended period. Equally important is the need for collaborative, long-term management of the watershed. Regulatory oversight and cooperative governance must persist until the pollution harms are completely fixed.

A bold new chapter in transboundary water management is now being written. On paper, the process reflects a commitment to clean water, robust accountability and the active involvement of both scientific experts and Indigenous knowledge holders. We need Idaho Sen. Jim Risch on board as well. As the powerful chairman of the Senate Committee on Foreign Relations, he can help ensure the Canadian and British Columbian governments adhere to the IJC’s recommendations — which we hope will detail the robust regulatory actions necessary to ensure their mining industries do not continue to pollute our waters.

Idahoans, and every community along U.S. and Canadian shared waterways, deserve the assurance of clean water and healthy fisheries. 

In this pivotal moment, ICL calls on Risch and other leaders to support these historic efforts, ensuring that the Kootenai River will support life for generations to come.

Jennifer Ekstrom is North Idaho director for the Idaho Conservation League.