Jodi Peterson

Associate Editor

An Alaskan mine will not be able to dump its toxic tailings in a lake, according to a ruling issued yesterday by the 9th Circuit Court of Appeals. Couer Alaska had sought to shove 3.4 million cubic yards of waste rock, laden with lead, mercury and aluminum, into Lower Slate Lake near Juneau (see our earlier story).

The Anchorage Daily News reports:

“The toxicity of the discharge may have lasting effects on the lake and may negatively affect its ability to sustain aquatic life in the future,” the ruling said.

The decision has important implications for mining. A few years ago, the Bush administration redefined mining waste as “fill”, which can legally be dumped into streams and lakes. Couer Alaska’s mine, the first metals mine to get a permit under that new definition, would have set a dangerous precedent for allowing mines to dump toxic tailings into Western waterways. We can all breathe a sigh of relief — for now.