Court Hearing Next Tuesday: Plaintiffs argue key state permits authorizing the world’s largest gold mine are illegal.
Four tribes in the Yukon Kuskokwim Delta region of Southwest Alaska and Cook Inletkeeper, an Alaska environmental group, are challenging key state permits for the Donlin Gold Mine in two separate court cases.
The Alaska Supreme Court in Anchorage has scheduled back-to-back court hearings for the cases on Tuesday, November 12. The public, including reporters, may listen to the oral arguments at this KTOO Gavel Alaska link starting at 1:30 pm Alaska Standard Time on Tuesday, Nov. 12. You can also attend in person at the Boney Courthouse, 303 K Street, 5th Floor, Anchorage, 99501.
One of the two state lawsuits challenges the legality of a state right-of-way permit issued by the Alaska Department of Natural Resources (DNR) to Donlin Gold LLC for a 316-mile-long buried gas pipeline that would cross more than 200 miles of state land and is needed to power the mine.
In issuing that pipeline permit, plaintiffs argue that DNR looked only at the pipeline as a separate project and ignored the overall effects of the mine, in violation of the state constitution. That case was filed by four Alaska Native tribal governments, including Orutsararmiut Native Council, Chevak Native Village, Native Village of Eek, the Native Village of Kwigillingok, and the nonprofit environmental organization, Cook Inletkeeper.
Cook Inletkeeper recently published a blog about the pipeline, detailing how the mine’s consumption of Cook Inlet gas could increase Southcentral Alaska utility bills.
The second lawsuit, brought by two of those same tribes – Orutsararmiut Native Council and the Native Village of Eek – challenges 12 state water rights permits issued by DNR. The permits would allow Donlin to use millions of gallons of water for building and operating the mine project, dewatering fish habitat and potentially contaminating waters surrounding the project in the process.
Similar to the pipeline case, the tribes argue DNR should have considered the cumulative impacts of the water rights permits in context of the larger mine project, not just as isolated water permits. In addition, the tribes argue that DNR failed to consider the creation of a pit lake which will fill with toxic water when the mine closes and will have to be pumped and treated in perpetuity to prevent contaminated water from spilling into surrounding salmon streams.
Each oral argument has a unique link.
Right-of-Way Oral Argument (beginning at 1:30 p.m.)
Water Rights Oral Argument (beginning around 2:45 p.m.)
These will also be recorded and available after the hearing on the Gavel Alaska website.
