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In the Spotlight

Injuction Against Mine at Mt. Tenabo Won

Thursday December 3, 2009

Associated Press

"US court block huge gold mine project in Nevada"
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CURRENT STATUS

Court Agrees with Western Shoshone and Allies that the Interior Department’s Approval of the Mine Likely Violated Federal Law

 

December 3, 2009: San Francisco,CA and Crescent Valley, NV – In a major ruling, the federal Ninth Circuit Court of Appeals today issued its ruling enjoining the construction and operation of the Cortez Hills gold mine, proposed by Barrick Gold Corporation.  The Ninth Circuit reversed the decision of the U.S. District Court for the District of Nevada, which had denied the motion for preliminary injunction filed by the plaintiffs.  The plaintiffs in the case are: the South Fork Band Council of Western Shoshone, the Te-Moak Tribe of Western Shoshone Indians, the Timbisha Shoshone Tribe, the Western Shoshone Defense Project, and Great Basin Resource Watch (the “Plaintiffs”).  The Plaintiffs challenged the U.S. Interior Department’s Bureau of Land Management (“BLM”) decision to approve the Cortez Hills Mine in November of 2008.

In overturning the District Court’s decision, the Ninth Circuit ruled that the Plaintiffs were likely to succeed on the merits of their legal arguments that BLM violated federal environmental and public land law in approving the Mine.  The Ninth Circuit also found that enjoining the Mine was in the public interest due to the “irreparable environmental harm threatened by this massive project.”  Among other issues, the Ninth Circuit ruled that the Plaintiffs were likely to succeed on their claims that BLM violated the National Environmental Policy Act in failing to properly analyze the environmental impacts from the Mine on groundwater, air quality, and other resources.  “Suspending a project until that consideration has occurred thus comports with the public interest.”

Download Ninth Circuit Court of Appeals here

Download GBRW Media Release here

 

Legal Timeline:

November 12 2008, the U.S. Bureau of Land Management approved the construction of a massive open pit cyanide heap leach gold mine on the face of well-known spiritual area, Mt. Tenabo. 

November 20, 2008, South Fork Band Council of Western Shoshone of Nevada, Te-Moak Tribe of Western Shoshone Indians of Nevada, Timbisha Shoshone Tribe, Western Shoshone Defense Project, and Great Basin Resource Watch (Plaintiffs) file a for injuctive relief in the UNITED STATES DISTRICT COURT DISTRICT OF NEVADA (in Reno) to temporarily stop the mine project.

January 26, 2009, Judge John Hicks (Reno) denied the Preliminary Injuction to halt actions at Mt. Tenabo. 

February 6, 2009, the Plaintiffs filed an appeal of the decision of Judge John Hicks in THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (San Fransisco, CA) on our emergency motion for to stop action at Mt. Tenabo.

June 10, 2009, tttorney for the Plaintiffs (Roger Flynn of the Western Mineing Action project) argues our case in the Ninth Circuit Court of Appeals before a three judge panel.

Listen to the June 10, 2009 hearing

December 3, 2009, the federal Ninth Circuit Court of Appeals reversed the decision of the U.S. District Court for the District of Nevada, which had denied the motion for preliminary injunction filed by the plaintiffs, and issued its ruling enjoining the construction and operation of the Cortez Hills gold mine, proposed by Barrick Gold Corporation. 

The Bureau of Land management and Barrick Gold corp. has 45 days from December 3, 2009 to request an en banc reconsideration of the Ninth Circuit decision, and Barrick can and is continuing to mine at Mt. Tenabo in the meantime.

 

Brief Background

November 2008, the U.S. Bureau of Land Management approved the construction of a massive open pit cyanide heap leach gold mine on the face of well-known spiritual area, Mt. Tenabo.  Western Shoshone communities, the Western Shoshone Defense Project and Great Basin Resource Watch are seeking an injunction to stop further destruction of Mt. Tenabo by Barrick Gold Corporation.  The Federal Court in Reno has scheduled a hearing on Jan. 20th and 21st.

The core reasons that Great Basin Resource Watch has decided to strongly oppose this mine are:

  • Mount Tenabo is an important area for Western Shoshone cultural and spiritual practice, and many Shoshone individuals and tribal governments oppose the mine.  We strongly believe that these cultural and spiritual values, which have been important for centuries and which can remain so for many generations to come, are fundamentally more valuable than a mine which will last less than 15 years, but devastate the area forever.

  • The mine would effectively dewater Mount Tenabo, which would have devastating impacts on the regions wildlife, vegetation and general ecology, as well as the cultural and spiritual values for the Western Shoshone.


This is the first time Great Basin Resource Watch has outright opposed a mine.  This mine is simply proposed for the wrong location, and must not be allowed to go forward!  It is also legally required that the BLM deny this proposal, due to the irreparable harm it would cause to the clear and recognized cultural and spiritual values of the area.  Unfortunately, we expect that BLM will not follow the law, and will permit the mine.

WHAT YOU CAN DO AS WE APPEAL THE COURT’s DECISION   

  •  We also need people to write requests to President Barrack Obama (sample letter below).  This destruction of Indigenous spiritual areas must stop now and a commitment to good faith talks with the Western Shoshone must be made.

  • Send a letter to the President - download

  • Email the president at This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 

 

This mine would:
  • Disturb 6,792 acres of land, including a heap leach and waste rock facilities.

  • Blast the new Cortez Hills mine Pit approximately 900 feet in length, 6,400 feet in width, and a maximum depth of 2,200 feet.

  • Pump groundwater from around the pit with an average dewatering Rate of approximately 1.8 billion gallons per year for ten years.

  • Create a drop in the water table of 1,600 feet surrounding the pit, decreasing to 10 feet at a 3-4 mile radius of the pit.

  • Potentially impact 50 springs and seeps in the area.

  • Of the 11 non-Cortex Gold Mine water rights impacted, only one is expected to recover fully within 100 years after dewatering ceases

The permanent impact to the cultural and spiritual practices of the Western Shoshone is undeniable.  Mt. Tenabo has been, and continues to be, used by Western Shoshone people as a central part of their religious practices and world view.  Western Shoshone visit the mountain and the valley below (the location of the mine pit) for prayer ceremonies, gathering of sacred plants, fasting, and vision quests, among other uses.  The Mountain also contains Western Shoshone gravesites.  All of these values and uses will be destroyed by the Project.  In addition, the massive pumping of groundwater will likely dry up sacred springs and streams on and around Mt. Tenabo. 

The BLM has never denied a big mining project in Nevada. This is one BLM must deny.
It is not ok for the BLM to allow the destruction of a Western Shoshone church.

RESOURCES:

  • Background article from The Bristlecone - download 
  • Great Basin Resource Watch comment letter on draft Environmental Impact Statement - download
  • Background by Christopher Sewell - here
  • Bureau of Land Management Coretez Hills EIS - here
  • Aerial view of Cortez's Pipeline mine in Crescent Valley

alt Full size image here.

 
 

 

 

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