To Ask and To Demand

I’ve been reading a little this morning about Pathological Demand Avoidance Syndrome. First described by child development psychologist Elizabeth Newson, PDA is a pathology on the autism spectrum characterized, as its name suggests, by avoidance of the normal demands of everyday life: things like getting dressed, going to school, eating one’s cereal, and so forth. It’s not procrastination: the avoidance is not of the task but of the demand, which is met not just with anxious defiance but with all sorts of socially manipulative behaviors (some of them charming) as well as violent outbursts.

I suspect that this diagnosis and its treatment will have lots to teach me about what I’ve been calling — not without misgivings — the power of asking. I’m also hoping that Newson’s work and other research on PDA will shed some light on the question Marc Tognotti put to me in an email after I posted my notes on Austin and Asking: namely, whether we can talk coherently about demands as a kind of asking. I’ve been satisfied with making rough equivalences between the terms, and in an earlier post I’ve even managed to cheat the idea of moral claims into the word “demand.”

Marc countered that he was surprised that I included demands in a discussion of asking and that there is a difference between demands and requests (or asking someone to) that’s probably worth maintaining. In short, to talk about demands and asking in the same breath confuses things, he says, because demands are more akin to commands or coercion than requests.

I admit there’s a lot here to sort out, including questions about the kinds of authority, moral or otherwise, we need to make commands, demands and requests. For the time being, I’m taking refuge in the etymological roots of our English word “demand” in the French demander, and I’ve also found some shelter in the Oxford English Dictionary, which lists “to demand” among the definitions of ask. But none of that will do for very long. It might be nothing more than an avoidance strategy.

Still, I think it’s clear that the verb ask can be used exercitively — to exercise power, and that using the verb ask in that way can be (let me put it this way for now) pretty much like making a demand: “I ask that you take your hands off me.” “I ask you to respect my rights.” “I ask you to come forward, so that you can see this for yourselves.” Maybe those examples are a little clunky and formal, and I admit that the last one can be construed as invitation rather than a demand. More importantly, I don’t want to limit the “power” that I am talking about here to the making of demands or even the kind of asking that is pretty much like a demand. Ultimately, I am more interested in the way that asking — or serious conversations about what to do — can give people an equal share in power.

I still have a lot more reading to do before I can tie all this back to PDA, but I’ve managed to grasp the basics. People with PDA experience demands as a complete loss of control: powerlessness. They feel coerced, not asked to or whether they would. Even the most trifling demand seems to eclipse their will. In this diagnosis, demands are more like commands, less like asking or the start of a conversation about what to do. Even the simplest request or suggestion can be mistaken for an order and resisted.

One parent of a child with PDA reports that her child misinterprets “everything as a demand” being shouted at her; and to overcome the child’s pathological demand avoidance she and her husband “always try to phrase demands in a way that offers…choices and we are always prepared to negotiate.” Many boundaries too, have to be negotiated, even when it’s a question of what’s safe or lawful, so that the child “feels that it is either her choice or is open to negotiation.”

Of course it’s deceptive, a manipulation to give the illusion of control and preempt the child’s manipulations. It’s not a serious conversation; it’s power play: the parents engage the child in mimicking the very real power we share when we have choices to make, nobody is in charge and nothing is settled. And that is what these children seem to want, but only because that gives them a chance to take back control.

Postscript: some readers have found my last paragraph controversial or just wrongheaded. Please take a moment to read the comments on this post from parents of children diagnosed with PDA.

The First CEO: A Political Revolution?

I’ve been associating the cultural icon of the CEO with big changes in America, most of which were well underway in the 1970s, when the acronym “CEO” first comes into wide use: the collapse of manufacturing, the financialization of the economy, the emergence of the neoliberal order. David Graeber offers yet another way to characterize these changes: “total bureaucratization.”

An excerpt from Graeber’s new book in the latest issue of Harpers lands us in familiar territory:

What began to happen in the Seventies, which paved the way for what we see today, was a strategic turn, as the upper echelons of U.S. corporate bureaucracy moved away from workers and toward shareholders. There was a double movement: corporate management became more financialized and the financial sector became more corporatized, with investment banks and hedge funds largely replacing individual investors. As a result, the investor class and the executive class became almost indistinguishable. By the Nineties, lifetime employment, even for white-collar workers, had become a thing of the past. When corporations needed loyalty, they increasingly secured it by paying their employees in stock options.

What Graeber at first characterizes as “a strategic turn” and the merging of the corporate and financial sectors, he then goes on to call “a political revolution”:

At the same time, everyone was encouraged to look at the world through the eyes of an investor — which is one reason why, in the Eighties, newspapers continued laying off their labor reporters, while ordinary TV news reports began featuring stock-quote crawls at the bottom of the screen. By participating in personal-retirement and investment funds, the argument went, everyone would come to own a piece of capitalism. In reality, the magic circle only widened to include higher-paid professionals and corporate bureaucrats. Still, the perceived extension was extremely important. No political revolution (for that’s what this was) can succeed without allies, and bringing along the middle class — and, crucially, convincing them that they had a stake in finance-driven capitalism — was critical.

The parenthetical affirmation — “(for that’s what this was)” — asks us to pause and really take the point. Having read only this excerpt, I don’t know whether Graeber goes on to explain why what he elsewhere calls a “shift” or “turn” counts as a “political revolution,” or how exactly he thinks this overturning of the political order was brought about. No doubt there was fraud, collusion and conspiracy, and “everyone was encouraged” to believe they were included; but the passive verb here leaves way too much unsaid. For one thing, the triumph and establishment of  the new order at home and abroad was really not so bloodless as Graeber (here, at least) makes it out to be.

The celebration and glamorization of the CEO — as a leader, a rule-maker and a rule-breaker, the agent and steward of shareholder value — was one of the things that duped ordinary, middle-class Americans into thinking “they had a stake in finance-driven capitalism.” It deserves a chapter in the story Graeber’s out to tell. The acronym “CEO” itself belongs to what Graeber calls the “peculiar idiom” of “bureaucratic techniques” and meritocratic myths — a language with origins in self-actualization movements of the 1970s, “full of bright, empty terms like ‘vision,’ ‘quality,’ ‘stakeholder,’ ‘leadership,’ ‘excellence,’ ‘innovation,’ ‘strategic goals,’ and ‘best practices.’” It’s good to see this language held up for scrutiny, especially since, as Graeber rightly points out, it still “[engulfs] any meeting where any number of people gather to discuss the allocation of any kind of resources.” To the victors go the spoils, and that’s not likely to change as long as we are speaking their language and playing by their rules.

Austin and Asking

Ask is a verb: to ask is to do something or, usually, to do a number of things. To ask is, first and almost always, to address someone, even, I’d say, when you are wondering aloud to yourself (“what’s it all about?” or “what’s wrong with me?” or “why do I put myself through this?” If they are not simply outbursts or exclamations disguised as questions, these are often indirect and emotionally-charged ways of asking, “what am I going to do?”). To ask is to do other things as well: to inquire about something, someone or some state of affairs, to request clarification or permission, or to make a demand (as the French verb demander reminds us.)

Turning the verb into a noun — talking about “the ask” — confuses the address and runs roughshod over this whole range of human activity and human relationships that asking might involve.

Sometimes that’s deliberate. It allows people to pretend they aren’t giving an order when they are, or to present an order as an institutional requirement, to deflect questions about power and authority or just make it impossible for people to say no, as they should be able to do if you are genuinely asking them to do something. (Always take no for an answer might be another rule of asking; but I can easily think of exceptions, as when, for instance, we demand respect or claim rights. Those are obviously special cases.) There are all sorts of ways besides these in which talking about “the ask” as opposed to asking skirts questions of power, surrenders authority and takes authority from others. It’s a big drain.

I’m trying to take things in exactly the opposite direction: I want to talk about asking as an exercise of power, and the verb “ask” as an exercitive. (It seems it would be easiest to do that in cases where we are making a simple demand — e.g., “I ask that you remove your foot from mine”.)

I’m borrowing the word “exercitive” here from J.L. Austin’s How to Do Things With Words, where Austin comes very close a number of times to talking about what we do when we ask, close enough to encourage my own thinking in this direction. He makes some intriguing remarks about asking as an illocutionary act that “[invites] by convention a response or a sequel,” and in this context he differentiates asking to from asking whether you will or asking yes or no and the different responses they invite.

Unfortunately, when Austin directs his attention to the verb “ask” near the very end of his lectures, in a discussion of his dictionary “fieldwork,” he gives very little guidance.

In Lecture XII, Austin includes ask among the Expositives — verbs “used in acts of exposition involving the expounding of views, the conducting of arguments, and the clarifying of usages and references.” (Or, as he puts it elsewhere, “the expositive is the clarifying of reasons, arguments and communications.”) This is how Austin himself uses the verb “ask” throughout How To Do Things With Words: he often introduces an argument with “we may ask,” “we must ask,” “we should naturally ask,” “we are now asking,” “it may be asked at this point,” and so on. The lectures themselves can be read as an exercise in expositive asking.

Item 3a. “Ask” listed among the expositives in the final lecture of How To Do Things With Words

Ask is one of an “enormous number” of expositives, Austin says, which “seem naturally to refer to conversational interchange.” The verb is, however, listed here all by itself as item 3a, a subset of the little group that includes inform, apprise, tell, answer, and rejoin. Why not include it with the others? It appears that ask is a special case of some kind, its own item.

Based on my reading I can’t say exactly what kind of item Austin considers it to be. I’m not sure anyone can say for certain. The text of How To Do Things With Words is reconstructed from Austin’s lecture notes, auditor’s notes and a few other sources. According to Urmson, who edited the first edition of the lectures, “there is no definite key to [this list of expositives] in the extant papers.” (I haven’t yet had a chance to look at the second edition to see if Austin’s later editors have added anything more on this point. Update 6 Feb 2015: I checked; they do not.)

There’s enough in these lectures to suggest that we need to go well beyond the confines of item 3a even to make sense of asking on Austin’s own terms. Austin readily admits that expositives might be “exercitives…as well,” if they “involve exertions of influence or exercise of power.” The distinctions aren’t sharp. Things can get fuzzy. So “asking me to” do this or that is close enough to ordering (“order” tops Austin’s list of exercitives) that it can sometimes cause confusion: “sometimes you are not ordering me”: you can’t, because you “are not in the appropriate position to do so” and don’t have “the right,” but it sounds as if you are because you are “asking me to rather impolitely.”

Consider, for example, someone who approaches you at a nightclub and says “Dance,” and another who asks, “Would you like to dance?” Both are asking you to dance, but the first sounds as if he is ordering you to dance, and he’s in no position to do that.

Bugs Bunny’s playful response subverts Yosemite Sam’s order to dance. Sam has a gun, so he can coerce a dance, but as the comedy here demonstrates, he doesn’t have the authority or intelligence to order Bugs Bunny around.

Of course things can go to the other extreme, and Austin is interested in situations like these: for example, someone who approaches you in a nightclub, clicks his heels together, bows gracefully and, upon rising, asks “Would you care to dance?” or inquires whether you might do him the honor of listing him on your programme du bal for the evening.

The things that have to be in place, the conditions that have to obtain for you to order me, are not the same as those that obtain when you are asking me or when we are having a conversation about what to do. It helps to be polite, but good manners are not all there is to it; and as we see in the example of the bowing gentleman at the nightclub — or Austin’s own example of the offended man who challenges another to a duel by saying “My seconds will call on you” — every form of courtesy has its season. Genuine respect and the authority it confers on others (and some measure of empathy as well) are the appropriate kinds of deference when it comes to asking: we are, after all, trying to share power, not just seize it.

Serious Conversations, 7

In these notes on serious conversations, I keep circling back, it seems, to two ideas: first, that what makes a conversation serious is not its subject matter or tone, but the stance of its participants toward each other; and, second, that the conversational stance requires that we confer a certain authority on our interlocutors, or (to put it another way) recognize that they have standing to address us.

While other kinds of authority — title, rank, role — are of secondary importance, and can sometimes even get in the way, this moral authority or standing is fundamental. It does not have to be earned, proven or ratified by reference to some person, written instrument or record of accomplishment outside the conversation or by institutional set up. It is constituted and realized in the relationship you and I have — or, if that is just too clunky, let’s say it is the relationship you and I have; and it is sufficient authority for a serious conversation because it makes us mutually accountable to each other.

Where this equal human stature (or dignity) is respected (and appreciated), it can be a source of power: not just the power of one over another, but the power to make claims or demands of each other, or to ask and answer, and this power of asking is essential if we are going to deliberate in earnest about our situation or collaborate on something new.

The conversational stance allows for genuine co-creation, because it’s not founded on subordination or one person ordering the other about. And the capacity for co-creation, the creative power that we share, only increases as we include more people in the circle of the conversation. (Of course there are limits: the research on group size and social complexity Dunbar summarizes suggests the circle probably should not widen beyond 150 people.)

I’ve tried to capture this thought in a simple rule: the power of asking will always be greater than the power of command.

That’s the basic position.

Another way to put the same thought might be in terms of the mechanics of ordering versus asking: whereas in the former we have one person directing the will of another, as we might address a short-order cook, in the latter we direct each other’s wills, so that we are, to stick with the metaphor, chefs in our own kitchen.

Of course the usual caveat applies about too many cooks spoiling the broth, I guess, but let’s also remember that people have different talents, training and competencies, and we can worry about how to order and organize ourselves once it comes to the actual cooking. Right now we’re just having a conversation.

Let’s also acknowledge, while we’re at it, that short-order cooks are models of industrial-era efficiency (but no longer efficient enough for the post-industrial fast food kitchen); gains in co-creativity can and probably will translate to losses in short-term efficiency.

Some concessions on one side or the other will probably have to be made, but too often the proponents of efficiency win without any argument, and people start giving orders or setting out plans for what’s to be done before the conversation even has a chance to get started. That’s when all the real power goes out of the room.

Serious Conversations, 6

It’s no surprise that the question periods at Davos turned out to be unproductive and dedicated mostly to preening, as Lucy Marcus reported in a blog post from the World Economic Forum last weekend. Where no practical decisions are going to be reached, and where real power is not up for grabs, we get jockeying for status.

The behavior is familiar to anyone who has spent much time at conferences, especially academic conferences, but it happens in meetings and at dinner parties, too. It’s a common social experience: conversations often function “as a kind of vocal lek,” as Robin Dunbar explains in Grooming, Gossip and the Evolution of Language; they are like “the display areas where males gather to advertise their qualities as potential mates to the females.”

Black_Grouse_2

Black grouse lekking.

In the natural world, this self-advertising serves a crucial function, helping birds and beasts pair off; in our world, lekking might make someone more attractive or raise his stature in the crowd, but ultimately it undermines serious conversation.

Someone might make the case that we should indulge it anyway. After all, self-advertising and chest-puffing are ultimately harmless, and might amount to nothing more than a collective throat clearing: a way of establishing the space of conversation and identifying or qualifying its participants. But even if we concede that it accomplishes that much, lekking will always be of limited value for a couple of reasons: first, because it’s an exercise in establishing social rank, and in a group it’s always very easy to confuse social rank (or title or position) with authority; and, second, that kind of authority — who we are, what we know, what our role is — is the wrong kind of authority for a conversation.

(The exception might be a case where the conversation was a matter of getting expert advice on a topic; but even there, we would not want an expert simply to wear her laurels or point to rankings, but to address our particular situation.)

The authority we need for serious conversation is, instead, a great equalizer: every person already has it, and we recognize it in each other the moment we enter into a conversational stance, or commit in earnest to the joint activity of conversation. It is the moral authority we have to address each other, as mutually accountable persons, and to make demands of each other: or to ask, as I’ve been putting it.

If lekking or some other social performance served the purpose of brandishing and bolstering that asking authority, then it would be of great value. Sharing stories and other empathy-building rituals might help in this regard, as long as they themselves don’t become exercises in self-advertisement or the promotion of a person as a brand.

This isn’t just about sincerity or authenticity of address, though that’s part of the issue here. Lekking relegates the mutual authority of persons to the background, distracts us from it, or diminishes human stature. It says that recognizing each other as equal partners in the project of the conversation won’t suffice; it narrows and excites our attention. It’s a social impairment.

Howard Becker’s Idea of A World

Adam Gopnik’s New Yorker profile of sociologist Howard Becker brought this passage to my attention. It resonated with so many things I’ve been reading about and even writing about lately that I immediately searched out the source of the passage Gopnik quotes: “A Dialogue on the Ideas of ‘World’ and ‘Field,’” between Becker and Alain Pessin. There’s a transcript of the 2006 dialogue on Becker’s site; it also appeared in Sociological Forum and in the French journal Sociologie de l’art. Here’s the passage that initially struck me:

A “world” as I understand it–and if my language elsewhere doesn’t convey this then I’ve failed to be clear–consists of real people who are trying to get things done, largely by getting other people to do things that will assist them in their project. Because everyone has a project, and the outcome of negotiations between them is whatever they finally all agree to, everyone involved in such an activity has to take into account how others will respond to their own actions. David Mamet, the playwright, said somewhere I can’t now find that, in a scene in a play, everyone in the scene has something they want. If they didn’t want something they wouldn’t be there, they’d be off someplace where they could pursue something they did want. The scene consists of each one trying to get what he or she wants, and the resulting collective activity is something that perhaps no one wanted, but is the best everyone could get out of this situation and therefore what they all, in effect, agreed to.

A world is a place where, willy-nilly, we find ourselves trying to do things and where we are always already committed to doing things with others; so we need constantly to read their minds or at least get a good working sense of what they want and take their intentions into account. This permits and requires us to make claims or demands on them and them on us. We ask for or compel their assistance in myriad ways, even as they and others do the same to us and myriad others.

In this conception, at least, a world is not a fiat of power, a matter of a coup or command, but an ongoing negotiation and accommodation. As Becker says elsewhere in the “Dialogue,” when Pessin presses him, once again, to differentiate idea of a world from Pierre Bourdieu’s concept of a “field”:

the metaphor of world–which does not seem to be at all true of the metaphor of field–contains people, all sorts of people, who are in the middle of doing something which requires them to pay attention to each other, to take account consciously of the existence of others and to shape what they do in the light of what others do. In such a world, people do not respond automatically to mysterious external forces surrounding them. Instead, they develop their lines of activity gradually, seeing how others respond to what they do and adjusting what they do next in a way that meshes with what others have done and will probably do next.

I like Becker’s sense here that we are never starting from scratch. We are always in medias res and our work is always unfinished, and it keeps unravelling and collecting itself in different configurations, collaborations, joint commitments and shared intentions.

There’s no extra-social territory, no Archimedean point from which we make a world. We are already in it; and we are never very far from each other, even when we think we are making plans of our own. We are constantly making little, often imperceptible adjustments and changes to what we are doing and what we want to do, re-routing desire, fidgeting and digressing, retreating and advancing, even as we gradually recalibrate our next moves (our “lines of activity,” as Becker so nicely puts it).

Inevitably, we end up doing something other than what we initially thought we wanted or tried to do — which we ordinarily allow, because we’ve already conceded and agreed to the imperfect outcome a thousand times over.

The Boom Starts With A Rush

Overturned Eagle Mine TruckThe news that an ore truck overturned last week on its way from Eagle Mine to Humboldt Mill brought me back to a conversation some friends and I had in the lobby of the Landmark Inn this past October. Earlier that day we’d been touring the Yellow Dog Plains on the smooth wide roads that the Marquette County Road Commission cut through the wilderness for the mining company, keeping count of the big trucks we saw. All the trucks were outfitted with double loads — two side-dump trailers worth of ore — and the ore was covered with black tarps, neatly tied down.

The ties caught my attention. I wondered how long it would be before human nature set in, and workers started getting lackadaisical about how they tied down the tarps, or stopped bothering to secure and check each tie.

I was not even thinking of anything so scientific as studies by Ludovic Moulin, which find that over sixty percent of industrial accidents can be attributed to “organizational and human factors.” I had in mind something closer to the line about the field of the slothful in Proverbs: “yet a little sleep, a little slumber, a little folding of the hands to sleep,” and disaster can ensue. Eventually, someone in the course of the day was going to shrug and say to himself, “good enough,” slacken his attention, or hurry off to a break, I thought, and things could go downhill from there. A loosely tied load might spill on the highway or on the roadside, even if the driver was taking every precaution on his route. Repeat that small human error enough times, and you have a trail of sulfide ore from the mine to the mill, running through the Yellow Dog Plains and right through the center of Marquette.

Turns out I’d failed to fully grasp the reality of the situation. I didn’t imagine at the time that the tarps used to tie down the ore on the Eagle Mine trucks would rip in the case of an accident. In this case, the tarp of the second trailer was “torn open,” according to Save the Wild UP; Yellow Dog Watershed Preserve has a photograph of the torn cover here. I was also unaware that the Michigan Department of Environmental Quality allowed these soft-cover tarps only after Eagle Mine had requested a special amendment to its permit. Hard covers would take longer to remove; with soft covers, the trucks could be more easily unloaded. Time is money.

Special amendments and exceptions seem to be the rule when it comes to Eagle. For instance, though Lundin Mining CEO Paul Conibear has repeatedly boasted to investors about the great transportation infrastructure already in place at Eagle when Lundin bought the property from Rio Tinto, the truth is that the current haul route for Eagle Mine was never part of the plan. It was a last minute concoction — an “upgrade” of roads hastily authorized by the Marquette County Road Commission. No surprise, then, that a full environmental assessment of the haul route — as required by Part 632 of the Michigan Nonferrous Metallic Mining Law — has never been made.

Last week’s accident might be yet another sign that Eagle Mine was not actually ready for prime time when Lundin announced, at the end of November, that Eagle had entered commercial production ahead of schedule. But consider things from the company’s point of view. Lundin had acquired the Candelaria copper mine from Freeport only a month earlier for $1.8 billion — taking on huge debt — and by the end of November copper prices were declining precipitously. That made it all the more urgent to start delivering nickel at Eagle. After all, analysts expect “Lundin to introduce a dividend in 2015 once its Eagle mine is ramped up.”  Pressure is mounting. The Lake Superior mining boom appears to have gotten underway in a slightly panicked rush.

Philosophy and Coercion: Boethius on Torture

I’ve written a few posts about non-coercive power and how it can be created and shared through genuine co-deliberation — or what I’ve been calling serious conversations. In the course of my work on this topic, I’ve discovered that good examples of non-coercive power, the kind of real-world examples that illustrate the concept with anecdotal detail and stick with you after you read them, are not so easy to find.

More often than not, history shows us the other side of the coin — namely, coercive power. This is the case when it comes to the history of philosophy as well; and philosophers have written and thought about coercive power and its exercise by the state at least since the days of Socrates.

The release of the Senate CIA Torture Report today sent me back to one of my favorite philosophers: Boethius (480-525 AD), who discussed coercion and torture in a work called The Consolation of Philosophy.

Boethius wrote the Consolation while he himself was imprisoned — and, according to some sources, tortured — before being executed by Theodoric the Great. The Consolation takes the form of a dialogue between Boethius and Lady Philosophy, who appears to Boethius when he is at his most wretched.

Philosophy consoles Boethius

The  passage I remembered today is from Book 2 (Pr 6), where Philosophy argues that what we ordinarily prize as power is actually weakness, or just a temporary advantage that we are likely bound to lose. Another turn of Fortune’s wheel, and the torturer might suffer the very torments he inflicts: a vicious circle. Virtue lies in self-possession:

What, indeed, is this power which you think so very desirable? You should consider, poor earthly animals, what it is that you seem to have in your power. If you should see a mouse seizing power and lording it over the other mice, how you would laugh! But if you consider only his body, what is weaker than a man who can be killed by the bites of insects or by worms finding their way into him? For who can force any law upon man, except upon his body, or upon his fortune which is less than his body. You can never impose upon a free spirit nor can you deprive a rationally self-possessed mind of its equanimity. Once, when a certain tyrant tried to torture a free man into betraying the partners of his conspiracy against the tyrant, the man bit off his tongue and spat it in the raging tyrant’s face. In this way the torments which the tyrant inflicted as the means of his cruelty, this wise man made the means of virtuous action. Indeed, what can any man do to another which another may not do to him? We recall that Busirus, who was accustomed to kill his guests, was himself slain by his guest, Hercules. Regulus had bound many of his African captives in chains; but before long he was himself chained by his captors. How slight is the power of a man who cannot prevent someone else from doing to him what he does to others.

A Response from Maidlow’s Office

Karen Maidlow’s office responded this morning with what appears to be a form letter regarding the proposed lease of a parcel next to the Yellow Dog River for mineral exploration by Lundin Mining.

The letter I sent last week urged Maidlow to look into Fisheries’ sudden — and perplexing — reversal of Kelley Smith’s 2003 “non-development” classification of the parcel.

In 2003, Smith deliberately reversed a 2002 “development” recommendation by Fisheries field staff. Why? Madison of Fisheries said he must have done it “for some reason” and Stampfly of Forestry was “at a loss” to account for it. Maidlow realizes she can’t ignore Smith, so she puts him in his place: “Mr. Smith was not part of the review process, only the approval process”; the former Fisheries Chief was reversed “on the basis of the most recent field review.” The field wins out over the office. The bureaucracy repudiates the bureaucrat. Fisheries’ recent reversal of Smith will likely be upheld.

Here is the salient paragraph:

On November 21, 2002, field staff reviewed the parcel under consideration here for a direct metallic mineral lease request from Prime Meridian Resources, Inc. (Prime). Field staff’s recommended parcel classification was development. Although the parcel did not contain water or aquatic resources, its classification was changed to nondevelopment on August 21, 2003 at the request of Mr. Kelly Smith, former DNR Fisheries Division Chief, as a condition of lease approval. Please note that Mr. Smith was not part of the review process, only the approval process. On the basis of the most recent field review, the proposed classification for this parcel is Leasable Development with Restriction. This means that the sub-surface minerals can be mined, subject to other regulatory review, and any proposed development on the surface would face further review by DNR staff before being permitted.

I’m afraid this already sounds like a done deal, even though nobody at DNR seems to know — or is willing to discuss — why Smith wanted to protect Parcel NE1/4 SE1/4, Section 13, T50N, R29W on the Yellow Dog Plains from industrial development.

A Letter to Karen Maidlow, Michigan DNR

Karen Maidlow, Property Analyst, Minerals Management
Michigan Department of Natural Resources (DNR)
P.O. Box 30452
Lansing, MI 48909

Dear Karen Maidlow,

This letter is with regard to land owned by the State of Michigan on the Yellow Dog Plains and next to the Yellow Dog River in Michigamme Township, Marquette County (40 acres, NE1/4 SE1/4, Sec.13, T50N, R29W).

As you know, in a 2003 review, this 40-acre parcel was designated “non-development” by former Fisheries Chief Kelley Smith. Fisheries biologist George Madison, who works out of the Baraga office of the DNR, reversed Smith only this year. It is unclear why, and I urge you to look thoroughly into the matter as part of your review and clarify for the public whether and on what grounds the DNR thinks Fisheries’ reversal of its position on this parcel should stand.

Madison himself says that he was unable to tell why Smith had placed the non-development restriction on the parcel in the first place.

For some reason Kelley Smith (former Fisheries Chief) had placed a non-development restriction recommendation on this parcel during an 8-21-2003 review. Indeed while there is no water or aquatic resources on this parcel, with care and respect for the 2003 review I carried Mr.Smith’s recommendations forward in case there was an element of uniqueness to this parcel that we are not aware of.

For this 8-12-2014 review, I have changed Fisheries Division’s recommendation to “development” with no restrictions.

What reason did Kelley Smith have for restricting development on the parcel? Madison cannot say, and in May of this year Forestry Supervisor Jeff Stampfly admitted he, too, was “at a loss” when it came to accounting for Smith’s review. But then they both recommend its reversal.  Both Stampfly and Madison seem to suggest that Smith was simply mistaken, or at least they see his 2003 review as problematic. What exactly did Smith say? Isn’t it possible that Smith discerned some “element of uniqueness” here that Madison and Stampfly are unable to appreciate? The prudent thing would be to find out.

To that end, the DNR should publish Smith’s August 2003 review — undertaken before the mining boom had really gotten underway — and take what Smith says there under advisement. To help clarify things, Smith himself (now in retirement) should be interviewed about the parcel and what, if anything, makes it unique or deserving of non-development status, and his statement entered into the public record. If Smith and Madison still disagree on the status of this parcel, then that disagreement should be aired publicly and accounted for in whatever report you file. The public deserves this measure of transparency.

For his part, Madison could state more clearly why he reversed Smith in this 2014 review and did not do so previously. Why proceed with “care and respect” for Smith’s review, then suddenly change course after Lundin Mining shows interest in the parcel? Madison seems to be arguing in his comment that Fisheries should place no restrictions on the parcel because he can identify “no water or aquatic resources” directly on the parcel; this seems to be Stampfly’s position as well. But the Yellow Dog River is only a few hundred feet away from the boundary of the proposed site. Maybe, for Smith, that proximity was enough.

As Smith may have known, there are a number of ways in which industrial development on this parcel might seriously compromise the Yellow Dog River. Groundwater flow in the glacial aquifer underlying the Yellow Dog Plains would make it difficult to limit water contamination from drilling to the parcel itself. Even a well-run drilling operation will see lapses: Yellow Dog Watershed Preserve has “photo documentation of ripped sump pit liners, drill bit wash basins that are overflowing, and broken fences” from the exploratory drilling done for the Eagle Mine. Exploratory drilling is also bound to require some roadwork and other infrastructure build-up on the Yellow Dog Plains, and it will increase traffic to and from the parcel. That, too, puts the Yellow Dog River at risk.

YellowDogRupture

Roadside mitigation efforts in October of this year. The Eagle Mine haul route has already put the Yellow Dog watershed at risk and contaminated the Salmon Trout River.

As you are no doubt aware, just this past summer, a road crew working on the Eagle Mine haul route ruptured a perched groundwater seep, dumping sediment and releasing turbid water into the Salmon Trout River, in violation of the Natural Resources and Environmental Protection Act. Mining’s risks never end at the mine’s gate.

In closing, I urge you to take your time looking into the confusion over Smith’s 2003 review and all other questions and comments you receive regarding this parcel. One newspaper account I read has you saying that you intend to finish your analysis by January, having received written comments from the public only a month before that. Wouldn’t it be better to allow time for follow-up interviews or requests for further information? I trust that you and the DNR do not want to give the impression that this request for public comment is merely pro forma, and want to do the right thing by the public you serve.

Sincerely,

Louis V. Galdieri