June 24, 2024 — The environmental review process for proposed mining projects is a lengthy one. But Bethel’s Orutsararmiut Native Council and five other tribes from the region are suing the United States Army Corps of Engineers, saying the federal agency failed to consider important information in its review of the Donlin Gold mine project.
The suit focuses on three main points.
The first, the tribes assert, is that the Army Corps didn’t model a large enough potential spill from the tailings pond that would hold the mine’s waste material. Earthjustice attorney Maile Tavepholjalern represents the six tribes in the case.
“The Army Corps looked at a tailings spill of just 0.5% of the dam capacity,” Tavepholjalern said. “That’s even though larger tailings spills have happened, including during the Environmental Impact Statement (EIS) process for this mine – that was when Mount Polley’s dam failed, spilling out more than 30% of its contents.”
Second, the tribes allege the Army Corps of Engineers didn’t look closely enough at the health impacts of a massive mine in the region. They point to an unreleased state report, which outlined the mine’s potential positive and negative impacts including diet and food security, marine traffic, and local economies.
The third point of contention is the impact of Donlin’s barging plan on the Kuskokwim, which could more than double the number of barges on the river during the spring and summer. The tribes argue that the Army Corps didn’t properly consider or mitigate the impact of increased barging on Kuskokwim rainbow smelt – an important subsistence food for communities up and down the river.
“Despite knowing about these impacts, the Army Corps of Engineers relied on ineffective measures to try to prevent those impacts,” Tavepholjalern said. The environmental review takes into account a barge communication plan with subsistence users, a monitoring program for rainbow smelt, and subcommittees to help coordinate communication.