Appeal blocks phosphate mine
By Mateusz Perkowski
Capital Press
The J.R. Simplot company’s plans to expand an Idaho phosphate mine have been put on hold by the 9th U.S. Circuit Court of Appeals.
The firm has sought to expand the Smoky Canyon mine, which is located in a national forest, to ensure an adequate supply of phosphate for its fertilizer production operation.
The U.S. Bureau of Land Management and the U.S. Forest Service approved the expansion, but in September 2008 environmental groups challenged the federal agencies’ environmental review of the project.
The plaintiffs - the Greater Yellowstone Coalition, Natural Resources Defense Council, Sierra Club and Defenders of Wildlife - claimed that the expansion would contaminate water with selenium and otherwise harm the environment.
On Thursday, May 21, a three-judge panel from the 9th Circuit reinstated the stay that had been lifted May 13 by the Idaho District Court. The circuit court panel said it needed to further consider evidence in the case.
“In light of the voluminous filings by the parties, we have not had adequate time to evaluate the serious issues raised by this case,” according to the decision.
Susan Richardson, director of company communications for Simplot, said the company is being patient but hopes the 9th Circuit decides in its favor in the near future.
“We certainly understand the judicial process takes time,” she said.
According to Simplot, the company annually extracts about 2 million tons of phosphate ore for phosphate fertilizer production from the site.
Unless the expansion project moves forward, phosphate extraction at the mine can continue for only about two years, according to the company.
The expansion would provide enough phosphate to keep the facility operational for 15 years, according to Simplot. In all, the mine and related fertilizer manufacturing plant in Pocatello, Idaho, employ more than 500 people.
Another federal judge in Idaho recently threw out a separate case related to the mine expansion.
On May 19, Chief U.S. District Judge Lynn Winmill dismissed a case filed by Ashley Creek Properties, a company that claimed to have an interest in the mine.
The company filed suit against several federal agencies, claiming that the government’s environmental review of the expansion failed to consider alternative sources of phosphate in Utah, where selenium pollution would not be a risk.
Winmill dismissed the lawsuit, ruling that Ashley Creek Properties lacked standing in the case.
Staff writer Mateusz Perkowski is based in Salem. E-mail: mperkowski@capitalpress.com.
