Federal court throws out Kilgore Project approval

A U.S. District Court in Boise, Idaho, agreed with Greater Yellowstone Coalition, Idaho Conservation League, and our attorneys at Advocates for the West and the Western Mining Action Project, that an international mining company, Otis Gold Corp., now Excellon Resources Inc., cannot move forward with the Kilgore Project until the U.S. Forest Service issues a new decision.

In his ruling, Judge B. Lynn Winmill revoked the Forest Service’s approval of the Kilgore Project. This important decision follows Judge Winmill’s December 2019 ruling that held the Forest Service failed to consider Excellon’s underground drilling as a threat to water quality and Yellowstone cutthroat trout in Corral Creek. You can read more about Judge Winmill’s December 2019 ruling in our last blog post on the Kilgore Project.

Together, these rulings mean Excellon’s exploration project cannot proceed until the Forest Service completely analyzes and discloses the impacts of drilling on groundwater and fish in Corral Creek, takes public comment, and issues a new decision approving or denying the Kilgore Project. 

Greater Yellowstone Coalition’s Idaho Conservation Coordinator, Kathy Rinaldi, explained the importance of Judge Winmill’s latest ruling in a statement to the press: “Water, wildlife, and productive agricultural land are more important than gold for Idahoans. Judge Winmill’s decision shows that rushing the environmental review and approval process in the headwaters of Camas and Corral creeks doesn’t make sense for Idaho or for business.”

The exploration project covers nearly 20 miles of federal and state public lands and would include construction of 10 miles of new roads and nearly 150 drill stations. As Attorney Bryan Hurlbutt of Advocates for the West notes, the project area is also “an important site for grizzly bears and other wildlife, especially wildlife that needs to migrate from Yellowstone to other parts of the Rockies.”

If enough gold is found during exploratory drilling, Excellon indicates that it hopes to move forward with plans for an open-pit mine that includes cyanide leaching pools. However, open-pit, heap leach, cyanide gold mines pose significant threats to human health and the environment, as these types of mines often leak or spill contaminants from the mine site into adjacent waters. Cyanide leaks and spills can be devastating to local communities, like those impacted by Montana’s Zortman-Landsky gold and silver mines.

We are so grateful for the hard work done by our litigation team at Advocates for the West and the Western Mining Action Project, as well as our partners at Idaho Conservation League. If you have questions or concerns about the Kilgore Project, please email me, Allison Michalski, Idaho Conservation Associate, at amichalski@greateryellowstone.org. Or, you can sign up for our e-mails, and we will make sure you have the latest information about the Kilgore Project and our other work.

Thank you for taking the time to stay engaged with our work. We appreciate that times are tough, and we are keeping up the fight to protect the lands, waters, and wildlife of the Greater Yellowstone Ecosystem, now and for future generations.

-Allison Michalski, Idaho Conservation Associate