The B.C Supreme Court will make its decision on the Mount Polley mine’s Tailing Storage Facility (TSF) in August.
The Xatśūll First Nation filed a judicial review in April this year to stop the four metre raising of the TSF.
The First Nation argued that the province’s approval of the dam’s raising back in March, was done without a proper full environmental assessment.
In May, the B.C. Supreme Court, Imperial Metals Corporation, and the Mount Polley Mining Corporation (MPMC) agreed to a voluntary undertaking to not use the additional capacity of the raised facility until the judicial hearing and injunction petition on June 24 to 27.
Following the hearing, the Supreme Court says it has reserved judgment on the judicial review and injunction application until August 6, 2025.
Both Xatśūll and Imperial Metals agreed to new terms of committment until the Court’s final decision is made. Imperial Metals voluntarily agreed to an undertaking and will not deposit tailings in the additional capacity of the TSF until August 7.
Xatśūll asked for additional tailings to not be deposited until the Court’s decision in the hearing.
Although, construction on the additional TSF will continue as planned and operations of the mine will continue in accordance to permits granted by the province.
“Xatśūll continues to call for accountability and responsible decision–making regarding industrail activity on its territory,” the First Nation said in a media release on June 30.
Imperal Metals and Mount Polley released their own media release on June 30. The mining corporation said “they are comitted to transparent engagment with Indigenous communities and environmental responsibility.”
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