Donlin Gold mine construction paused after a federal judge ruled that serious flaws in government-issued permits must be addressed. On Monday, US District Court Judge Sharon Gleason ordered the US Army Corps of Engineers and Bureau of Land Management to reassess risks.
She directed them to evaluate the possibility of a catastrophic failure of the mine’s proposed tailings dam. Gleason’s order follows a lawsuit filed by six tribal governments from the Kuskokwim region, which argues that the project threatens traditional lands.
The tribes oppose Donlin Gold’s plan to build a 471-foot dam to contain toxic tailings waste from gold mining. Mining tailings can include mercury and cyanide, chemicals that, if spilled, endanger nearby ecosystems and water sources.
The judge noted the agencies only analyzed a minor tailings release, ignoring larger failures that could occur over the mine’s projected lifespan. Although the 2018 Environmental Impact Statement acknowledged a 2% chance of dam failure over 20 years, Donlin expects to operate for longer. The Corps and BLM failed to assess the outcome of any major spill involving more than 0.5% of the dam’s contents.
In her ruling, Gleason ordered federal agencies to incorporate an expanded analysis before Donlin resumes construction under the existing permits. Donlin Gold must also issue a 90-day advance notice before resuming work, allowing tribes to raise further legal objections.
Earthjustice attorney Maile Tavepholjalern, representing the tribal plaintiffs, said the ruling gives their clients more tools to protect their land. Calista Corporation and The Kuskokwim Corporation, Alaska Native entities, support the project and hold mineral and surface rights, respectively.
