environmentalists fail to block mining project

Courthouse News Service

EUGENE, Oregon.
by Nick McCann

Environmentalist groups lost their challenge to a chromite mining project on the Oregon coast, which they say threatens the habitat of the threatened coho salmon.

The environmentalist groups, including the Oregon Coast Alliance, challenged a decision by the National Marine Fisheries Service that concluded a 160 acre chromite mining project near Coos Bay would not affect the coho salmon population.

The groups said in their complaint that the fisheries service and U.S. Army Corps of Engineers "acted arbitrarily and capriciously" in their decision to allow the mining.

They claimed the presence of hexavalent chromium in the ground water around the mine site will harm the local fish and wildlife and pollute the watershed.

The groups sought a declaration that the federal agencies violated the Endangered Species, Clean Water, and National Environmental Policy Acts, and an injunction ordering the fisheries service to prepare an environmental impact statement.

The agencies, along with intervenor Oregon Resources Corporation, moved for summary judgment, which U.S. District Judge Michael Hogan granted.

"(T)he fact that there is evidence supporting a different scientific opinion in the record does not render the agency decision arbitrary and capricious," the judge wrote, finding the defendant agencies complied with their obligations under the National Environmental Policy Act when it found the project would have no significant impact.

Hogan also found the agencies looked the presence of hexavalent chromium that the mining would create, and found no problem with their analysis.
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It was highly unlikely that Judge Hogan would have moved against his original decision based on independent reports, two seperate government agencies and years of testing, but we all know the U.S. is litigation central.

Just for general information.
Hexavelent Chromium is found naturally everywhere. The minimum safe level is 110 parts per billion for drinking water. The site recordings are 7.8 parts per billion.

As for the argument against the Fisheries Service that they "acted arbitrarily and capriciously" regarding the coho salmon habitat.

Judge Hogan's response:

"The NMFS has not designated Three-mile and Five-mile Creeks as OC coho critical habitat, both because of their limited salmon habitat and because fish surveys have not detected OC coho in either location."

The plaintiffs also wanted "an award of reasonable attorney fees and costs."

Unfortunately, didn't win that argument either.

Pep