Thursday, January 3rd, 2008...9:26 am
9th Cir: Nome Area Gold Project May Proceed
The 9th Circuit has affirmed Judge Beistline’s refusal to stop work on the Rock Creek Mine Project outside of Nome. The plaintiffs argued that the Corp of Engineers had failed to comply with NEPA and Section 404 of the Clean Water Act before issuing a permit to the Alaska Gold Company.
Judge Gould wrote the opinion for the unanimous panel, which included Betty Fletcher and Andrew Kleinfeld.
Bering Strait Citizens for Responsible Resource Development v. U. S. Army Corps of Engineers, 2007 WL _______ (9th Cir. Jan. 3, 2008).
Victoria Clark and Brian Litmans of Trustees for Alaska represented the plaintiffs. Michael Grisham of Dorsey & Whitney in Anchorage represented intervenor Alaska Gold Company.
01/07/08 Update: See also the analysis by the Land Use Law Blog.
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