"Modern mines have never been allowed to dump tailings into lakes. The federal Clean Water Act prohibits it, and for good reason. The Ninth Circuit's decision confirms a rule of law that has been in place for over 30 years, and we are hopeful that the Supreme Court will come to the same conclusion.
"This is an opportunity for the courts to find once and for all that filling a pristine lake with 4.5 million tons of mining waste violates the Clean Water Act. This misguided plan by the Kensington Mine and the Army Corps of Engineers represents a dangerous assault on all of America's lakes, rivers and streams. Since the Clean Water Act was passed over 35 years ago, no new mine has ever been allowed to dump its chemically processed mine tailings into a lake, and they should not be allowed to start now."
Earthjustice represents the Sierra Club, the Southeast Alaska Conservation Council, and Lynn Canal Conservation in the case.