SEACC asks court not to rehear Kensington case
Groups' response asks mine to stop diverting water around lake
Environmental groups that sued the U.S. government over the Kensington gold mine asked the court Friday not to rehear the case.
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The Southeast Alaska Conservation Council, Lynn Canal Conservation and Sierra Club filed the documents with the 9th U.S. Circuit Court of Appeals, saying they agreed with the court's May decision that the mine's tailings disposal plan was illegal.
The court ruled in May that a U.S. Army Corps of Engineers' permit to allow the mine's chemically processed tailings to be put in Lower Slate Lake violated the Clean Water Act. The mine's owner, Coeur Alaska, a co-defendant, appealed that decision and asked for a review by the full court.
Friday was the deadline for the environmental groups' response, which had been requested by the court.
The response asks that the court not allow the mine to continue diverting water around Lower Slate Lake.
"The only change listed in our response is to stop diverting water around the lake since it's no longer necessary because using the lake for a tailings dump is illegal. We requested that the diversion pipeline and structure be removed at the earliest possible date that allows for appropriate measures to be taken to protect water quality and habitat," said Rob Cadmus, SEACC's mining organizer, in an e-mail.
Kensington officials could not be reached Friday evening.
Coeur Alaska has maintained it was granted legal permits, and that after its operations are complete, it will restore the lake and its aquatic life. It says the tailings will be inert and resemble the sand on the beach in Berners Bay, which is near the mine about 45 miles north of downtown.
In its appeal, the Corps did not dispute the illegality of the tailings plan, but appealed for the court to allow operations to continue that do not have to do with Lower Slate Lake.
The two sides are waiting to hear whether the 9th Circuit will review the case again.
• Contact Amanda Fehd at 523-2276 or amanda.fehd@juneauempire.com.