October 1, 2024 — A federal judge on Monday ruled that the U.S. Army Corps of Engineers and the Bureau of Land Management should have considered a far more catastrophic spill of chemical tailings before approving the Donlin Gold Project in Alaska.
Chief U.S. District Judge Sharon Gleason agreed with a group of Native American communities, who challenged a final environmental impact statement that the two federal agencies prepared and that only looked at the possibility of a failure involving 0.5% of the total capacity of the 2,351-acre tailings storage facility to be constructed as part of the mining operation.
“The court finds that federal defendants violated [the National Environmental Policy Act] by failing to consider a larger tailings spill and by characterizing a catastrophic spill as a ‘worst case’ and declining to assess such a scenario on that basis,” Gleason wrote. “A spill of more than 0.5% of the tailings volume is reasonably foreseeable because a person of ordinary prudence would take one into account in reaching a decision.”
The judge didn’t agree that the final environmental impact statement fell short in evaluating the project’s potential impact on human health or the impact of river barges on rainbow smelt subsistence fisheries, as the plaintiffs argued, but agreed with them that it violated the Alaska National Interest Lands Conservation Act by not considering the possible impact of a larger tailings spill on subsistence resources.