State permits that allow water usage for projects like the Donlin Gold mine will face fresh legal challenges from those opposed to the massive mine located in Southwest Alaska.
The latest challenge was filed on Monday in which the two governments of tribal tribes filed an appeal at the state Supreme Court to overturn a lower court ruling that upheld the state-issued permits. These permits to draw water were approved at the beginning of April by Alaska Department of Natural Resources They were then affirmed in August. 31st by Anchorage Superior Court Judge Dani Crosby.
The appeal to the ruling regarding the DNR permits comes after a separate contest to an Aug. 18 decision by the Alaska Department of Environmental Conservation which certified the mining project as being in compliance with the standards of state water quality. The department’s decision was to renew the so-called”401″ certificate, named in honor of an article in the Federal Clean Water Act. The certificate is required prior to the project is allowed to discharge wastewater in accordance with the law.
The Orutsararmiut Native Council, one of the tribal governments that are involved with the case before the Supreme Court, filed a motion in the state Superior Court on Sept. 11 to challenge the decision to grant certification.
It is believed that the Donlin Gold Project is situated 150 miles to the north of Bethel It is believed to be one of the largest open-pit gold mines in world. The Donlin Gold project has a gold deposit estimated at 33.8 millions ounces. Because it’s located on Native land that has Native-owned minerals rights revenue would have to be split between every Alaska Native corporations. However, opponents claim that the mine will harm ecological balance of the Kuskokwim River, including important salmon runs.
The potential impact is what prompted the legal challenges, plaintiffs stated in a statement issued by Earthjustice the environmental law group that represents the plaintiffs.
“The effects of this open-pit mine that is expected to be the most massive pur gold mining facility in the world have to be carefully considered and analyzed thoroughly,” Orutsararmiut Native Council Executive Director Brian Henry said in the statement. “The State is required to safeguard this area of the Kuskokwim River and its tributaries from environmental damage that could be due to this mine.” Donlin Gold Mine. Our very existence and the way of living depend on it.
State officials are of the opinion that agency actions are in line with the law.
“The state is convinced in the likelihood that Superior Court reached the correct decision in affirming that DNR was in the right way when it ratified Donlin’s water-appropriation applications and we look forward contesting the decision in appeal in the Supreme Court,” Department of Law spokesperson Patty Sullivan said by email.
For the 401 certificate the former Commissioner Jason Brune, who issued the renewal, in his August. 18, decision, that concerns raised by the Orutsararmiut Native Council raised – that concerned temperature of the water and the young salmon were not subject to the department’s review.
The mine permits that are being challenged are just one of the many authorizations, permits and permissions that have been granted to the project.
As well as the latest actions regarding permit renewals for the DNR as well as the DEC permits, there are two more legal challenges are making to get through courts. One of them, brought by five tribes, and Environmental group Cook Inletkeeper, is seeking to block the state right-ofway lease for an underground pipeline that will provide natural gas for the mining. This case is pending with the State Supreme Court. A different case which has six tribes representing plaintiffs, is in federal court, opposing the authorizations given to the U.S. Army Corps of Engineers and the U.S. Bureau of Land Management. The lawsuit has been filed the U.S. District Court in Alaska.
This article was originally published in Alaska Beacon and is republished here with permission.
