Four years after the federal government brought suit to stop the Reserve Mining Corporation from dumping asbestos-bearing tailings into Lake Superior, an appellate court decision opened the way for a compromise that would halt pollution without shutting down the taconite plant that accounted for 12 percent of the nation's iron ore production.
In March 1975 the court held that the asbestos fibers in Duluth's drinking water did constitute a health hazard, but that danger for the public was neither "imminent" nor "certain"—and thus did not justify the economic damage that would have been caused by immediate shutdown of the plant. Instead of a shutdown it required that dumping be shifted to an onshore site. If both parties agree on a site and on a reasonable schedule for putting the onshore facility into operation, a solution would be within reach. If no acceptable site is agreed on, the company would be given a year to shut down its operation. Meanwhile the U.S. Corps of Engineers continues to provide filtering services to protect Duluth's drinking water.
The court also held that the emission of asbestos particles into the air is a health hazard, and it required the company to adopt "such available technology as will reduce the asbestos fiber count . . . below a medically significant level." The company and state authorities reached agreement on the nature of facilities to be provided within two years.
A version of this article appeared in print in the Winter 1976 issue of Resources magazine.
