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Reversing an earlier U.S. district court decision permitting Barrick Gold Corp. to proceed with plans for a massive open-pit gold mine at Nevada’s Mount Tenabo, a federal appeals court ordered a preliminary injunction against the mine.
Mount Tenabo and its environs are part of Newe Sogobia, the ancestral land of the Western Shoshone, who object to the project on religious as well as environmental grounds. The plaintiffs challenged the U.S. Bureau of Land Management’s decision to approve the Cortez Hills mine in November 2008.
In its Dec. 3, 2009, decision, the Ninth Circuit Court of Appeals affirmed the merit of the environmental claims of the Shoshone’s case and said that an injunction was in the public interest, noting “the irreparable environmental harm threatened by this massive project.”
The court thus reversed the district court’s decision, sending the case back to the lower court to issue an injunction pending the preparation of an environmental impact statement that “adequately considers the environmental impact of the extraction of millions of tons of refractory ore, mitigation of the adverse impact on local springs and streams, and the extent of fine particulate emissions.”
Cortez Hills would be one of the largest open-pit cyanide heap-leach gold mines in the country. The proposed mine area had been found, in repeated ethnographic studies by the Bureau of Land Management, to be a place of extreme spiritual and cultural importance to the Western Shoshone. The area is home to local creation stories, spirit life and medicinal plants, and it continues to be used for spiritual and cultural practices.
Learn more in our Mount Tenabo sacred site report.
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