Anchorage Daily News
 

Key mine waste suit gets hearing


Anchorage Daily News

(01/10/09 22:49:01)

A landmark case involving the disposal of mine waste in Alaska will get a hearing in the U.S. Supreme Court on Monday.

The lawsuit centers on the embattled Kensington gold mine, 45 miles northwest of Juneau, which wants to permanently store rock waste and mine tailings in a lake.

Recently built, the underground mine has never opened because of the ongoing legal dispute over one of its federal permits. Environmentalists say the permit, which approved the lake dumping, violates the Clean Water Act.

A Supreme Court ruling will likely have consequences for the viability of other mining projects, such as the controversial Pebble copper and gold prospect in Southwest Alaska.

Also, a ruling could determine whether mines can store their waste in any water body, including wetlands.

The Kensington legal saga began in 2006, when Juneau and Haines-area environmentalists sued to block the proposed mine's lake disposal plan. The environmentalists lost in federal district court but won an appeal to the federal 9th Circuit Court of Appeals.

The state of Alaska, Kensington owner Coeur Alaska Inc. and Juneau's urban Native corporation, Goldbelt Inc., then appealed the 9th Circuit ruling to the Supreme Court.

Among those submitting briefs in favor of the mine's disposal plan: the National Mining Association, the National Association of Home Builders and Alaska trade organizations.

Among those submitting briefs against the mine plan: several members of Congress, tribal organizations in the Bristol Bay region, Bristol Bay seafood associations and companies and national environmental groups.

The case is called Coeur Alaska Inc. v. Southeast Alaska Conservation Council.

 


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