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B.C. Supreme Court Clears Path for Mount Polley Mine Tailings Dam Raise

Justice Michael Tammen concluded that provincial consultations met constitutional standards to justify the four-metre tailings dam extension

Overview

  • The court dismissed the Xatsull First Nation’s injunction request, enabling Mount Polley Mining Corp. to raise the tailings dam by four metres
  • Justice Tammen ruled that the province’s engagement with the Xatsull was “deep” and offered “ample opportunity” to express rights concerns
  • The judge described the planned increase as “comparatively modest” and saw no legal need for an additional environmental assessment
  • Xatsull leaders emphasize that the 2014 dam collapse remains a source of ongoing environmental harm and threats to their cultural way of life
  • With the injunction lifted, the mine operator may resume depositing tailings that require the raised dam height