You may or may not applaud the ruling by the U.S. Appeal Court in San Francisco to uphold a decision by the U.S. Army Corps of Engineers to grant a permit to a subsidary of NovaGold Resources to proceed with its Rock Creek Project in Alaska. In essence the Court denied an application for a temporary restraining order and preliminary injunction by environmental groups against the project on the basis that the Corp violated the Clean Water Act and the National Environmental Act in granting permits for the Rock Creek Project.
One of the judges wrote: ”..the Corps stressed that the wetland that would be filled during the project are not unique to the site and that the U.S. Fish and Wildlife Service has determined that wetlands of the type filled in this project are the ‘common habitat’ in the Alaska and Nome region. Accordingly, the Corps concluded that the project will likely have no impact on the greater ecosystem beyond the project site.”
The full judgement may be read at this link. This extract, in my opinion, illustrates some of the subtle factors at work in the Court’s decision:
The sites of both the Rock Creek Mine/Mill and the Big Hurrah Mine were historically mined and contain debris and tailing piles from earlier mining activities. At the Rock Creek Mine/Mill site, rock stockpiles from previous mining operations now occupy 62 acres of wetlands. At the Big Hurrah Mine, the area that would become the open pit mine at this time contains tailings from previous gold mining activities, and Big Hurrah Creek (adjacent to the Big Hurrah Mine) contains tailings that have diverted the creek from its natural path. Both sites [the Rock Creek Mine and the Big Hurrah Mine] figured prominently in Alaska’s early “gold rush” history, commencing late in the nineteenth century. Technological advances and current gold prices have rendered the mining claims economic once more, and impelled the evaluation of prospective development combined with rehabilitation of the sites. The Corps and Alaska Gold Company (AGC) hope for an economic advantage and environmental improvement as a result. AGC observes that Nome has unemployment rates over twice the state average and that the region currently offers limited opportunities for economic development, and the Corps considered the region’s economic conditions when assessing the permit.
Also the plans to “improve” the disturbed area of the mines, probably played a subtle factor. I quote this from the Court’s decision.
The permit issued by the Corps requires measures to mitigate environmental damage from this project and earlier mining activities at the sites. At the Rock Creek Mine/Mill, these measures include the removal of the rock stockpiles from existing wetlands for placement in newly-constructed storage facilities, the reclamation of wetlands disturbed by previously constructed water-management systems, and the conversion of the mining pit to a pit lake (i.e. the mining pit will be filled with water). At the Big Hurrah Mine, these measures include the use of historic waste rock for improvements to the Big Hurrah access road, the removal of tailings from the Big Hurrah Creek flood plain to restore the natural flow of the creek, and the conversion of the mining pit to a pit lake. The Corps calculates that these mitigation measures will result in the reclamation of 106 acres of previously-disturbed wetlands and the creation of 70 acres of new wetlands. Taking these mitigation measures into account, the Rock Creek Mining Project will result in a net loss of 170.5 acres of wetlands.
I would like to quote, or at least precis the rest of the Court’s decision. But your patience would soon tire. Better to access the full decision. I submit it is worth reading and mulling over as a document that demonstrates the value of an independent judiciary in addressing some of the difficult issue that face the mining industry.
Much as one hates to see mining companies hauled to court to defend their mining development, I suspect that when opponents come, as they will, it is better to be judged by the rule of law than by the rule of professors, consultants, NGOs, and other diverse emotions.
Kudos to NovaGold and we wish them advance of their project.
