Many people love visiting the Fernie, British Columbia area to enjoy spectacular Rocky Mountain landscapes while hiking, skiing and mountain biking. It’s quite possible to visit the area without confronting the massive mountaintop removal coal mines that are wreaking havoc on the landscapes, climate, and downstream water. But the harsh reality is that the British Columbia and Canadian governments have allowed their coal mining industry to operate virtually unchecked for decades, to the detriment of the people, water quality and fisheries downstream—all the way into the United States.
The mining methods used in this area have led to widespread water pollution and an unfortunate threat to fish populations, undermining both the environment and the cultural fabric of the Kootenai Tribe of Idaho. For them, water and healthy fish populations are intimately connected to their cultural identity and are a critical food source.
One of the most persistent pollutants is selenium—a naturally occurring substance that is concentrated in rocks near coal seams, which gets left behind in the waste rock produced during mining. Rain and melting snow cause this selenium to leach into the water. Studies have shown that elevated selenium levels in fish can lead to severe reproductive issues, with dramatic reductions in the number of new fish born each year.
Localized water treatment projects have been built at the coal mines, but they have been too small and insufficient to improve water quality downstream. While these treatment efforts have shown that selenium can be removed from the water, they have treated only a miniscule fraction of the water leaving the mines. It shows that the corporations can and must do more to fix the problems they cause.
The situation took an even more alarming turn in June 2024 when the mines were acquired by Glencore, the controversial Swiss mining giant. Known for its terrible track record in Colombia, South Africa, and Australia, Glencore’s involvement has only heightened downstream unrest. With their proposal to expand one of the mines and extend operations into the 2070s, there is increasing concern about long-term impacts on the climate, and downstream communities and fisheries.
It is in this challenging context that the International Joint Commission (IJC) has been activated to address the transboundary pollution dispute, after more than a decade of requests from the transboundary Ktunaxa Nation. The IJC, established under the Boundary Waters Treaty of 1909, now faces the monumental task of investigating the full extent of the pollution and developing a comprehensive action plan within the next year and a half.
For the first time in history, representatives from the Ktunaxa Nation have successfully claimed their rightful seats at the negotiation table. Their inclusion is a pivotal step toward ensuring that solutions will reflect their wisdom and address their needs.
ICL is honored to have a representative appointed to the IJC’s Public Advisory Group, and is committed to keeping our communities informed about how to engage in this historic process.
We are advocating for a future where scientific integrity, corporate accountability, and the protection of human rights guide our environmental policies. We are committed to securing the health of our watersheds and holding polluters financially responsible for the lasting damage they have caused. To that end, we are championing the following critical measures:
- Consistent cross-boundary, enforceable water quality standards: We need strict, enforceable standards. Specifically, a limit of 0.8 micrograms per liter of selenium on both sides of the Canadian/U.S. border is needed to protect aquatic life.
- Continued water quality monitoring: It is imperative that the Elk-Kootenai watershed is continuously monitored, well beyond the two-year study period, to detect fluctuations in pollution levels over time.
- Improved water treatment: Sufficient water treatment infrastructure needs to be built at the speed and scale necessary, and operate until the pollution is permanently resolved.
- Adequate mine bonding and financial assurances: Polluters must be held financially accountable. It is unacceptable that taxpayers or affected communities should bear the cost of environmental cleanup, when corporations have profited immensely.
- Financial accountability for damages to US state and tribal resources: It is essential that all impacted parties—especially those with deep cultural ties to the fisheries and land—receive compensation and support for damages inflicted.
- Moratorium on new mines or mine expansions: No new mining should be approved unless all environmental harms have been corrected.
- Strengthening environmental oversight: We must push for more rigorous regulatory frameworks and enforcement mechanisms in British Columbia, to ensure that polluters do not continue to operate with impunity.
- Long-term shared management of our watersheds: Collaborative governance and oversight of our watersheds must extend well beyond the current two year study period.
Together, we can reinforce these critical points and drive real, lasting change. Our community’s feedback and insights are essential to ensure that the IJC’s work protects downstream fisheries and people. Our waters, our fish, and the cultural heritage of the Kootenai Tribe of Idaho deserve nothing less than a robust commitment to science, justice, and accountability. Join us in this fight to ensure that the polluters pay the full price for their actions. Our collective future depends on it.
As a member of the Public Advisory Group, ICL will keep you informed and engaged with the IJC’s processes as they unfold over the next few years. But we alone can’t ensure the measures laid out above will be taken—we need YOU to speak up! Help protect our waters and hold polluters accountable by sharing your concerns with the IJC—by taking action below! By telling the IJC you support these measures, you can help reinforce these critical points and drive real, lasting change that protects downstream fisheries and people. Take action today!