Environmentalists appeal mine permit decision

Great Basin Mine Watch has asked district court to overturn a ruling the watch group says effectively prevents environmental groups from challenging mines and other businesses over pollution control standards.

The State Environmental Commission agreed with the Division of Environmental Protection and attorney general's office that mine watch group has no legal standing to challenge renewal of the Water Pollution Control Permit at Big Springs Mine.

That conclusion was based on a 2005 state law which limits appeals to those with a financial interest in a mining permit. Great Basin filed the appeal before that law was passed, but the attorney general ruled it could be applied retroactively.

The petition filed Tuesday in Carson District Court argues first that the law should only be applied to appeals filed after it was passed. But Great Basin lawyers also argue the law itself is unconstitutional because it effectively blocks citizen groups from trying to protect the environment.

They said the federal Clean Water Act, in fact, requires citizen participation in permit cases.

Great Basin is attempting to force owners of the closed-down Big Springs Mine 60 miles north of Elko to meet much tougher pollution standards under their new permit. They argue the mine's 12 open pits and six waste disposal areas are leaking heavy metals, arsenic, salt and other dangerous pollutants into streams that feed the North Fork Humboldt River - home to the threatened Lahontan Cutthroat Trout and the spotted frog, a candidate for endangered species listing.

The mine has been closed since 1995. Anglogold Ashanti Corp. filed to renew the pollution control permit without mandating tougher standards. Great Basin challenged the application saying the mine seepage violates both the federal Clean Water Act and the Nevada Water Pollution Control Law. They argue the permit issued by the state doesn't regulate the discharge of pollutants as required by law.

Great Basin asked the court to rule it does have standing to challenge issuance of the new permit because the law can't be applied retroactively. But they also asked the court to toss that law out because it violates their constitutional rights to petition the government for redress of grievances.

The state and Anglogold were reviewing the petition for judicial review and had not yet responded to it.

• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.