Court rules against village in dispute with Red Dog mine

Associated PressAugust 9, 2012 

A federal appeals court has ruled against the Native Village of Kivalina over a challenge of a wastewater discharge permit issued to the Red Dog Mine owners.

The 9th Circuit Court of Appeals released its ruling Thursday, saying Kivalina and others that joined the lawsuit didn't provide sufficient detail in their filing.

The U.S. Environmental Protection Agency in 2008 issued the permit to Red Dog's owner, Teck Alaska Inc. The village challenged the EPA appeals board's denial of their petition to review.

The board found that Kivalina didn't demonstrate why the EPA's "responses to comments were clearly erroneous or otherwise warranted review."

The 9th Circuit Court upheld the EPA appeals board's decision, saying many of their challenge points were covered in the EPA's responses to public comments.

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