Activation of international treaty brings hope for Idaho’s Kootenai River

By Jennifer Ekstrom
Reader Contributor

The thought of Fernie, British Columbia conjures images of a quaint Rocky Mountain town that’s a haven for adventure and travelers; full of small-town charm, gorgeous recreation and an international vibe. But there’s a dark underbelly. 

The Elk Valley Coal Mine in Fernie, B.C. Courtesy photo.

Pollution from mountaintop removal coal mines near Fernie, B.C. is harming fisheries and water quality in the Kootenai River in Idaho. For decades, a corporation called Teck Resources has been blasting Fernie’s nearby mountains to exploit coal, and shipping most of that coal across the world to be burned for steelmaking. In addition to the climate impacts, pollution downriver is undermining the Kootenai Tribe of Idaho’s efforts to restore endangered Kootenai River white sturgeon and burbot fisheries. It has been impossible to stop the polluting practices since they originate across the international border. Not anymore. The problem is now set to be addressed on the international stage.  

The Boundary Waters Treaty of 1909 has been activated to resolve the coal mine pollution dispute. Under the treaty, the International Joint Commission (IJC) serves as the independent body that is tasked with resolving water pollution disputes between the United States and Canada. For the first time in 40 years, it is now authorized to go to work to protect water downstream of B.C., despite the fact that there are mines in B.C. polluting waters that flow into Alaska, Washington, Montana and Idaho. 

And, for the first time ever, tribes and first nations have their rightful seats at the dispute resolution table. The governance board includes representatives from the Kootenai Tribe of Idaho, the state of Idaho, Confederated Salish and Kootenai Tribes, the state of Montana, the United States government, the four governments of the Ktunaxa Nation north of the international border, the B.C. government and the Canadian federal government.

While this IJC referral is a huge success and a major milestone, the work of reducing pollution is just beginning. A key goal of the process must be the installation of mitigation technologies at the speed and scale necessary to protect downriver fisheries from selenium poisoning. According to a recent study by the United States Geological Survey, selenium pollution levels have quadrupled since 1985, and nitrates have increased 600 times. Both of these pollutants can harm fish, aquatic life and people. An ongoing cleanup plan must be implemented to manage the contamination forever, and no new mining should be permitted until the water pollution levels go down.

The stakes are high. A recent report by independent consulting firm Burgess Environmental Ltd, calculates that it will cost at least $6.4 billion to reverse rising selenium concentrations.

To complicate things, Teck’s coal assets will likely be sold this summer to a bad actor multinational corporation called Glencore. Glencore’s terrible track record includes environmental and human rights violations, and it is already responsible for a Superfund site at its Columbia Falls Aluminum Smelter in Montana. The U.S. Environmental Protection Agency’s Superfund program is responsible for cleaning up our nation’s most contaminated places, and the corporations responsible for the pollution are not always required to pay. 

For example, downriver from Idaho in Washington state, after the Kootenai River flows into the Columbia River, the EPA recently recommended a Superfund designation due to lead pollution from Teck Cominco’s smelter in Trail, B.C. Teck Cominco is not being held accountable to fund all of the cleanup in that situation. Who will pay for the mine contamination in the Kootenai River that Teck has created and Glencore has bid to continue?

It’s critical that adequate financial assurances are in place before Glencore is allowed to buy Teck’s coal assets, so taxpayers in the United States don’t end up paying that bill also. The IJC has the power to ensure that the corporation reaping the profits and causing the pollution also pays for the cleanup. 

Due to the scale of the problem and uncertainty about cleanup, we need assurances that no new mines or mine expansions will occur until the current problem is fixed. Despite the unresolved pollution, B.C. started a permitting process for a new mountaintop removal coal mine in the same watershed, called the Crown Mt. Coking Coal Project. The Idaho Conservation League and many of our partners have asked the province to deny the permit.

The IJC has a mighty task in front of it, and we are sure this independent commission — with the leadership of tribes and first nations — is the right one for the job. The Boundary Waters Treaty is very clear in its intent, that “waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other.” The Idaho Conservation League agrees — every Idahoan deserves clean water. Your support will help us ensure Idahoans’ voices are heard as this dispute is resolved. Please consider becoming a member today! 

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