A coalition of conservation groups and a tribal government is taking legal action against the U.S. Army Corps of Engineers over a permit that permits Contango ORE Inc. to construct a road and expand an airstrip at the Johnson Tract mining prospect, located along the west side of Cook Inlet.
The location of this proposed development is significant as it sits near the Johnson River and adjacent to Tuxedni Bay, a critical habitat for the endangered Cook Inlet beluga whales which congregate there during winter for feeding.
Filed in U.S. District Court in Anchorage, the lawsuit contends that the Army Corps did not adequately evaluate the development’s effects on the belugas, particularly the noise pollution generated by aircraft and vessels.
In addition, the complaint asserts that the Corps neglected to properly investigate the expected acid rock drainage and potential water pollution that could arise from the mining activities.
The legal action is spearheaded by organizations including Cook Inletkeeper, the Chickaloon Village Traditional Council, the Center for Biological Diversity, and a concerned resident named Anna-Maria Mueller.
Cook Inletkeeper’s clean water lead, Satchel Pondolfino, emphasized the importance of the Johnson River’s ecosystem, which is home to a diverse range of species, including salmon and iconic Alaskan brown bears.
Pondolfino stated, “What’s at risk is one of the most ecologically rich corners of Tikahtnu and the Army Corps has a duty to carefully scrutinize all implications of this permit.”
The U.S. Army Corps of Engineers’ Alaska district office has declined to comment on the ongoing lawsuit, citing their policy regarding pending legal matters.
Speaking to the sensitivity of Cook Inlet belugas, experts reveal that these whales rely heavily on vocal communication for navigation and interaction, making them particularly vulnerable to noise disturbances.
Scientists have identified Tuxedni Bay as a sanctuary for belugas due to its relative lack of industrial noise compared to other areas of Cook Inlet.
Last year, conservation organizations Cook Inletkeeper and the Center for Biological Diversity petitioned the National Marine Fisheries Service to establish a protective zone around Tuxedni Bay, aiming to minimize human activities and noise pollution.
However, that petition is still pending and has yet to be granted.
The Johnson Tract encompasses roughly 21,000 acres and is situated within Lake Clark National Park; however, it is owned by Cook Inlet Region Inc., an Alaska Native corporation.
This corporation acquired the land through a federal land exchange law enacted in 1976 known as the Cook Inlet Land Exchange, and has been exploring mining opportunities for decades.
In 2019, the site was leased to HighGold Mining Inc., but last year, Fairbanks-based Contango ORE Inc. bought HighGold and has since taken over the exploration efforts at the Johnson Tract.
In addition to the Johnson Tract, Contango is also developing the Lucky Shot mine in the Hatcher Pass region and has other projects in the exploration phase.
The Johnson Tract is believed to contain gold, silver, copper, zinc, and lead, with Contango estimating that it holds over one million gold equivalent ounces.
The company expects the initial costs for mine development to be around $214 million, and once operational, the mine is projected to have a lifespan of at least seven years, according to a recent technical report.
Overall, the legal challenge underscores the broader conflict between environmental conservation efforts and industrial development interests in sensitive ecological areas.
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