mining

August 14, 2023

Youth win historic climate lawsuit against Montana

By Dana Drugmand

A group of young people who sued Montana officials for failing to adequately address climate change have prevailed in what observers say is a historic legal challenge.

On Monday, Lewis and Clark District Court Judge Kathy Seeley ruled that the plaintiffs in the case, Held v. State of Montana, have a fundamental right to a clean and healthful environment, including a stable climate system, under the Montana constitution. The judge found that the state was contributing to environmental degradation and climate harm in violation of this right.

The case is the first-ever constitutional climate trial in the country, pitting youth inheriting climate problems against the government leaders they blame for the dire legacy. The plaintiffs in the case contended that Montana officials have been turning a blind eye to climate pollution by continuing to issue permits for fossil fuel projects, including expansion of coal mining.

“If this decision is upheld by the Montana Supreme Court it will be a landmark in US climate litigation,” said Patrick Parenteau, Senior Fellow for Climate Policy at Vermont Law and Graduate School. The trial judge’s ruling in itself is “extremely important,” he said, since it represents the first time in the US that a court has recognized a constitutional right to a healthy environment that encompasses climate.

The ruling came after a little more than a month after the conclusion of the trial in the state capital of Helena in which college students and other young people testified about the harm climate changing is having on their lives, including the impacts of wildfires that have been raging through the western US. Climate scientists and other expert witnesses substantiated youth plaintiffs’ testimony at trial, explaining how the climate crisis poses severe threats to children’s physical and mental health.

Judge Seeley acknowledged the plaintiffs’ claims in her ruling, writing that the state’s “[greenhouse gas] emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana’s environment and harm and injury to the Youth Plaintiffs.”

July 14, 2023

Deep-sea mining has larger-than-expected impacts on sea life, study says

The fast-growing practice of deep-sea mining poses significant threats to important sea creatures, such as fish, shrimp, corals, and sponges, according to a new study.

Researchers say they found evidence that disturbances caused by deep-sea mining can slash populations of nearby ocean animals roughly in half and impact marine life across larger areas than scientists have previously thought.

The study, published Friday in Current Biology, adds to evidence that mining the deep ocean for minerals used to make electric vehicles and renewable energy components has harmful ecological impacts that must be weighed against the climate benefits of transitioning away from fossil fuels.

Although deep sea mining may be one way to meet the world’s growing demand for certain metals, “it also has the potential to greatly disrupt many deep-sea habitats,” the new paper states.

“Is it worth it to get these [metals] and mess up the sea versus mess up somewhere else? I don’t know, but we have to use everything we have to make the right call,” said Travis Washburn, an ocean floor ecologist and author on the new study.

February 17, 2023

In push to mine for minerals, clean energy advocates ask what going green really means

By Shannon Kelleher

A traveler crossing the expanse of northern Nevada desert known as Thacker Pass might see a wasteland – nothing but scrubby sagebrush out to the rim of the caldera, where the mountains cut the horizon.

But for local tribal members, the land they call Peehee Mu’huh, or “Rotten Moon,” is a hallowed place of remembrance and sacred burial site. In 1865, US cavalrymen massacred their ancestors at the site, including children and elders. Members of the Fort McDermitt Paiute and Shoshone Tribe visit often, praying and sharing food together in the windswept wilderness.

Now, a contingent of forces that includes the US government and a large Canada-based mining corporation are pushing to make Thacker Pass a gateway to the future– they seek to carve into the landscape, extracting massive quantities of lithium for use in batteries that could power one million electric vehicles (EVs) per year. The mineral deposit at Thacker Pass is considered the largest known lithium source in North America, making it an important resource for “clean energy” technology that mitigates harmful climate change by curbing fossil fuel dependence.

Staunch opposition has formed around the project from local tribes as well as environmental advocates who argue the mining operation would threaten vulnerable wildlife and dangerously pollute the air and water just as similar mining project have in the past. But earlier this month a US District Court judge largely upheld the US Bureau of Land Management (BLM)’s 2020 decision to approve the mine.

Though opponents vow to keep fighting, the court ruling allows Canada-based Lithium Americas to advance construction plans for the $2.2 billion project, and General Motors Co. (GM) recently announced plans to invest $650 million in the mine.

The Biden administration last year announced a series of incentives aimed at boosting supplies of lithium as well as other minerals such as nickel and cobalt, deemed “critical” for use in electric vehicle production and other renewable energy needs, saying increasing supplies will help “improve America’s energy independence, strengthen national security, support good-paying jobs…”

But the battle over Thacker Pass illustrates just how complicated the issue is as environmental advocates find themselves presented with these thorny questions: What does “going green” really mean? What is the true cost of the clean energy revolution? And will vulnerable communities inevitably pay that price?

“This story is the same everywhere,” said Ian Lange, a professor of economics at the Colorado School of Mines. “If you don’t want to mine for minerals, we’re going to keep drilling for oil and gas.”

December 15, 2022

Climate change brings new urgency to threats posed by abandoned California gold mines

By Leah Campbell

On the western slopes of the Sierra Nevada mountain range in California sits the small town of Nevada City, a historic Gold Rush community where prospectors once mined for riches in the creek that ran alongside town. Today, it’s a popular tourist destination known for its easy access to the picturesque Yuba River and the region’s famed ski resorts.

Belying the welcoming charm of Nevada City, just a few miles to the south lies a different sort of legacy – a 30-acre plot of toxic desolation known as the Lava Cap Mine where arsenic-laden waste from decades of gold and silver mining has contaminated area soils and water. In 1997, a log dam built to contain the debris collapsed in a winter storm and roughly 10,000 cubic yards of mine waste – enough to cover almost five football fields – washed through creeks and into a nearby lake.

For more than two decades now, the site has been on the Environmental Protection Agency’s (EPA) Superfund list, one of thousands of locations designated as posing “unacceptable risks to human health and the environment.” Clean-up efforts are still in progress at Lava Cap.

Lava Cap is among many abandoned hardrock mines strewn through what Californians call “Gold Country.” State and federal officials estimate that there are almost 50,000 such mines in California and more than 160,000 overall across the western United States. Not all are contaminated, but those that are continue to leach out toxic substances, experts say.

Cleanup of these sites take years and cost millions of dollars. But now, climate change is creating new urgency amid fears that more frequent and volatile flooding and out-of-control wildfires will further spread the toxins.

“There’s been decades of research about remobilizing of mine waste by floods,” said Sheila Murphy, a hydrologist with the US Geological Survey (USGS) who has studied the impacts of extreme weather on mine-contaminated watersheds. “One of the issues is when these big floods then move the sediment into streams or reservoirs,” she said. “It’s just sitting there vulnerable to being remobilized over time.”

Murphy is just as concerned with fire as she is with floods. Changes to the soil, ash buildup, and the burn-off of vegetation after a fire means that fire-scarred lands are more prone to floods and mudslides, not just for a single season, but potentially for several years after a fire.

When it comes to the remobilization of contaminated mine waste because of flooding, “fire puts that on steroids,” Murphy said.

September 22, 2022

Bill bans deep-sea mining in California waters

By Shannon Kelleher

California Gov. Gavin Newsom signed a bill this week that will prevent deep sea mining in the waters off the state coastline, a move that joins California with other western states in a bid to protect more than 2,500 square miles of Pacific Ocean seafloor.

Deep sea mining involves the retrieval of minerals and deposits from the ocean floor found at depths of 200 meters or greater. Critics say the practice can damage ocean ecosystems and pollute the sea floor with destructive plumes of sediment, but advocates say the practice is critical to meeting demand for minerals used in making an array of products, including components for batteries used in electric cars.

“We know incredibly little about what’s in our ocean,” said Matthew Montgomery, a spokesman for state lawmaker Luz Rivas, who authored the bill. “But while we don’t necessarily know what’s on our ocean floors, we know how destructive this practice (of deep sea mining) can be.”

The California Seabed Mining Prevention Act aims both to protect ocean ecosystems and California’s economy. Valued at $45 billion and employing over half a million people, California’s ocean-based economy is the largest in the United States.

“I think it’s a precedent-setter,” said Arlo Hemphill, a Greenpeace USA expert on deep sea mining. “There are whispers that Hawaii might do something similar. If enough states do this, it sends a message to Washington that we need something like this at the federal level.”