State Permit for Donlin Gold Mine Challenged in Alaska Superior Court

Issuance of the 401 certificate is essentially the state’s agreement that the project meets state water quality standards.

SEATTLE (Scrap Monster): An attorney for the Orutsararmiut Native Council (ONC) in Bethel argued in Alaska Superior Court in Anchorage on Aug. 30 that a water quality certificate issued for the Donlin Gold mine was improperly granted, while attorneys for the state of Alaska and the mine supported the permit. 

The challenge over the 401 certificate issued by the Alaska Department of Environmental Conservation is the latest litigation in a lengthy legal battle over the Donlin Gold project, located about 145 miles northeast of Bethel, a mine that would be one of the largest open-pit gold mines in the world. Estimates are that its ore deposits may be 33.8 million ounces of gold. 

Issuance of the 401 certificate is essentially the state’s agreement that the project meets state water quality standards. 

Attorneys for Donlin Gold and the state of Alaska argued that the certificate was justified, that the mine development plan calls for drying out just 3.9% of reds — the area where salmon lay their eggs.  

According to attorneys for the mine, the state water temperatures would also remain within the temperature range needed to sustain young salmon. ONC, which is represented by Earthjustice attorney Tom Waldo, contends that Donlin Gold has yet to figure out how to operate the proposed mine in a way that complies with the water quality standards necessary to protect salmon. 

Attorney Cody Doig, representing the Alaska Department of Natural Resources, told the court that salmon spawning would remain robust throughout the Crooked Creek Watershed while the mine was operating.  

 Waldo argued that the state, in issuing the 401 certificate, had also failed to consider the impact of climate change. If those water temperatures are near the heat limit now, the state should admit that the watershed will soon be above the allowable limit, he said.  

“In continuing to uphold this unlawful water quality certificate, the Alaska Department of Environmental Conservation (DEC) is dismissing the damage we know the mine will cause to salmon,” said ONC Chairman Walter Jim. “This water quality certificate knowingly and illegally sacrifices salmon, which our people depend on for their existence, and should be rescinded.” 

A total of four lawsuits related to the proposed Donlin Gold mine are currently making their way through federal and state courts. Oral arguments in a federal challenge to the mine were heard in Anchorage in June and two other cases are slated for oral arguments later this year. 

Because the mine site lies on land owned by Calista, an Alaska Native regional corporation, revenues received by Calista would be shared with all the Alaska Native regional corporations identified in Alaska Native Claims Settlement Act.   

Donlin Gold LLC is jointly owned by Barrick Gold US Inc. and NovaGold Resources Alaska, Inc., both subsidiaries of Canadian mining firms.  

 Courtesy: www.thecordovatimes.com

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