Ninth Circuit Court

After more than eight years, the Ninth Circuit Court of Appeals ruled the Revett Minerals Inc., Rock Creek Mine will have “no adverse modifications” to the bull trout and will cause “no jeopardy” to the grizzly bears.

“This really is a validation of the work done by the Forest Service and the Fish, Wildlife Services (FWS),” John Shanahan, President and CEO of Revett Minerals Inc., said. “They are the experts.”

The Rock Creek Alliance and various other environmental groups questioned the biological opinions of the U.S. Forest Service (USFS) and the FWS during the Rock Creek Mine permitting process.

Environmental groups sought litigation against defendants Revett and FWS, with the intent to prove by the Endangered Species Act (ESA) the mine would affect the bull trout and the grizzly bears.

According to court records, the groups were confident the biological opinions reported by FWS and the USFS were “arbitrary, capricious and violated the ESA.”

However, the FWS presented to the court its mitigated results, acquired after years of research and analysis. In one argument, the mitigation plan determined by the FWS, would not jeopardize the grizzlies. Furthermore, it concluded the grizzly population and recovery would be promoted. 

Overall, the arguments presented by the defendants to the court were enough to substantiate its case. The court ruled in favor of the defendants, Revett Minerals Inc. and FWS, on Nov. 16.

“Hope to complete the supplemental environmental impact statement soon,” Shanahan said. “It’s taken eight years to get here.”

“The commencement will take place in the spring of 2013 we hope,” Shanahan said.

“All of this has taken a really long time,” Shanahan said. “We believe things can be done correctly.”

“We believe we’ve done things correctly.”