Think of the following as a letter to the editor. I “publish” it for the alternative perspective it brings to my postings on mines that loose in court. I have been wondering why they allow themselves to be dragged into court. This letter offers one possible explanation.
One definition of insanity is doing the same thing over and over, but expecting different results each time.
The Red Chris and Callisto Mines represent the same thinking, and produced the same results: the courts shut down the operations.
If you’re frustrated as an investor, consider my position as the developer of an approach to environmental permitting that specifically addresses the constant bases for law suits: no comprehensive public involvement; alternatives not fully and equally evaluated; no separation of the economic, natural, and societal environments; and subjective decisions that are inherently open to challenge as arbitrary and capricious.
Last spring I was in contact with the West Virginia Coal Association about the law suit filed against the Corps of Engineers’ decisions on mountaintop removal mining. We even had a conference call with senior executives of their major operating members. It went nowhere.
One of the obstacles I face that is avoided by geologists and engineers who consult to the mining industry is being seen as a competitor by the lawyers working for the operators and associations. Our financial interests are incompatible: they bill by the hour and see a long, drawn out law suit as a cash cow that provides them and their firms with a large incoming stream of money. I (and my partner) work for a fixed fee, agreed in advance, with the possibility of earning a performance bonus based on how quickly we assist them through the NEPA or CEAA process. So, our financial well-being is exactly aligned with that of the client companies: the faster the process is completed (including appeals or law suits), the better off we are. That’s not what’s best for the lawyers, but they have the in and are experts at keeping the system working for their benefit.
Perhaps for your weekend reading one of these days you’ll pick up a copy of my book, “Quantifying Environmental Impact Assessments Using Fuzzy Logic,” and curl up by a warm fire with your bike and a bottle of wine.
Richard Shepard at http://www.appl-ecosys.com
