Federal judge rebukes Army Corps’ decision to issue permit to IPOP

In a lawsuit contesting the U.S. Army Corps of Engineers’ issuance of a key federal permit to IPOP LLC to mine for gold in Bonanza Channel, the Village of Solomon and four other tribes scored a legal victory this week.
Federal judge Sharon Gleason issued a decision on Monday that agreed with the tribes that the Pacific Division of the Army Corps acted arbitrarily and capriciously and in violation of the National Environmental Policy and the Clean Water Act. 
IPOP LLC, a Nevada based company with no mining experience in Alaska, proposed a controversial mining project in Bonanza Channel that would impact 160 acres of estuary waters and habitat. 
The Alaska District of the U.S. Army Corps of Engineers denied a Clean Water Act permit to IPOP. The company appealed the decision, and the Pacific Division of the Army Corps overruled the denial and issued the permit. The tribes, through Earthjustice, sued the U.S. Army Corps. In a 38-page ruling, Judge Gleason wrote this week that the Pacific Division failed to articulate a satisfactory explanation as to why it was diverging from the District’s factual findings and conclusions as to the environmental impact of the project. “That rendered the Pacific Division’s EA “incomplete and inadequate to permit meaningful judicial review” and therefore the issuance of the permit was arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law.”
Judge Gleason ordered additional briefings within 21 days to decide the outcome which can be either remanding, modifying or upholding the permit. 
“Our tribes have spent years fighting to protect something that should never have been put at risk in the first place,” said Deilah Johnson, Treasurer and Tribal Resources Director for the Village of Solomon, in a press release. “This is our food security, our traditions, and the future of our children. This ruling is an important victory, but our work isn’t finished. We will continue to stand together and fight for the protection our communities deserve.”