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History of Cabinet Resource Group
Creation  |  Early years  |  MINING ISSUES  | ROADLESS AREAS |  pROBLEMS WITH trOY mINE  |  crg wins again in court  |
grizzly bear and bull trout  |  not so mysterious barrels  | MONTANA DEQ DOES NOTHING  | 
STERLING WANTS TO REOPEN  |  MUCH ACTIVITY IN 2005 | MOST RECENT EVENTS  |  Latest Rock Creek Mine Ruling

Creation -  In 1976, Troy resident Bill Martin spearheaded the formation of the Cabinet Resource Group [CRG] in response to a proposal by Northern Lights Electrical Cooperative to dam the Kootenai River at the Kootenai Falls.  A start-up grant was provided by the Sierra Club. CRG aligned itself with the Confederated Kootenai and Salish Tribes and that joint venture defeated the dam proposal.

 

Early Years -  Three years later, 1979, the American Smelting and Refining Corporation [ASARCO] proposed a 52 million ton copper/silver mine, the Troy Mine Project. A permit was granted in 1980 for the mine. CRG undertook legal action and won a landmark decision in the Montana District Court which established the substantive nature of Environmental Impact Statements under the Montana Environmental Policy Act.

 

 

Mining Issues - The ensuing four years had CRG opposing and monitoring Asarco and U.S. Borax exploratory drilling in the Cabinet Mountain Wilderness [CMW].  This lead to the proposal of two very extensive mines, one for U.S. Borax and the other for ASARCO.  CRG participated in the development of an Environmental Impact Statement for each mine.

US Borax subsequently sold its claims to Noranda Minerals which received a permit [1990] to develop an exploration audit for its now named Montanore Mine. In 1991 CRG discovered water quality violations at Montanore and filed suit against the Montana Department of Environmental Quality [DEQ] to enforce quality standards or terminate the permit for the adit.  Noranda [Nov.,1992] shut down operations.  The following year [1993] Noranda received an Operating Permit for the Montanore Mine, but low market prices for ore at that time lead to the abandonment of the project for the time being.

The ASARCO proposed mine, Rock Creek Mine, was doggedly pursued by that company and it lead, in 1995, to CRG forming the Rock Creek Alliance as a spin-off to bring national attention to the issue of mining in the Cabinet Mountain Wilderness and centralize efforts to defeat the Rock Creek Mine.

 

 

 

 

Roadless Areas  - During the years 1983 through 1987, CRG was active in the development of the Kootenai Forest Plan in conjunction with the Montana Wilderness Association and the appeal process of that Plan to protect 10 additional inventoried Roadless Areas not proposed in the original Plan.

 

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Problems with Troy MinE - For much of two decades, 1980s and 1990s, CRG was occupied for a considerable time with the Troy Mine.  In 1995, CRG discovered copper/silver/lead concentrate levels to be 2000 times the EPA criteria at the Troy Mine load-out facility in the heart of downtown Troy, Montana.  Follow-up actions by CRG resulted in Montana DEQ and ASARCO undertaking remediation clean up and dismantling the load-out facility. 

 

CRG wins again in court - In 1997, citing unpermitted discharges into area water from the Troy Tailing impoundment, CRG filed a lawsuit under the Clean Water Act.  The suit was conditionally settled in the Fall of 1997, granting CRG unprecedented access and funding ($450,000) to conduct ground water characterization and monitoring at Troy and Proposed Rock Creek Mine (PRCM) tailings impoundment sites.  In late 1999 ASARCO sold the Troy Mine to Sterling Mine Company, but maintained the Operating Permit.  That same year, DEQ notified ASARCO that the Troy Mine Reclamation Plant is outdated and needed revision.

 

 

GRIZZLY BEAR AND BULL TROUT - The first five years of this century found CRG undertaking many actions related to grizzly bears and bull trout in Kootenai National Forest as it related to Rock Creek Mine. Lawsuits were filed by CRG and other groups.  Biological Opinions were withdrawn.  Operating Permits were withdrawn.  Lawsuits were put on hold.  New Biological Opinions were released.  The Operating Permit was reissued.  The lawsuit was renewed.

 

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NOT SO MYSTERIOUS BARRELS - CRG. in 2002, filed suit for another problem with ASARCO.  The nucleus of the matter was CRG alleging that ASARCO buried hazardous – industrial solvents – in the Troy tailings impoundment.  ASARCO denied burying anything.  CRG hired a Missoula firm to undertake geophysical and ground penetrating radar explorations of the impoundment site as part of the legal discovery process.  The following year ASARCO, subpoenaed for an interrogatory, admitted burying barrels of waste, but denied the contents are hazardous.  The judge then awarded CRG $28,000 for costs of the study and sanctioned joint ASARCO/CRG excavation.  

 

 

MONTANA DEQ DOES NOTHING - The firm hired to do the ground penetrating radar study, which found evidence of the barrels, prepared a plan for submittal the Montana DEQ for excavating the barrels to determine the contents. DEQ did nothing and still, as of 2009, has done nothing.

 

STERLING WANTS TO REOPEN - During 2003-2004, Sterling Mining Co [see above, CRG Wins in Court Again] and its subsidiary, Genesis, start action to reopen the Troy Mine.   U.S. Fish and Wildlife Service reissued its Biological Opinion for the Proposed Rock Creek Mine.

 

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MUCH ACTIVITY IN 2005 - Kootenai National Forest issued its decision regarding Grizzly Bear/Motorized Access Management Amendment [see above, Grizzly Bear and Bull Trout].  CRG files lawsuit.  The Forest Revision Plan process, begun in 2003, continued.  The Federal District Court ruled the Biological Opinion [see above, Sterling Wants to Reopen] was faulty and ordered it to be redone by Fish and Wildlife Service.  ASARCO declared bankruptcy.  CRG launched another spin-off, Friends of Scotchman Peaks Wilderness, to lead the drive to create that wilderness area.

 

 

BIOLOGICAL OPINION INVALIDATED -  Late in 2006, the Federal District Court invalidated the Biological Opinion [see above paragraph] and ordered it to be redone by Kootenai National Forest.  CRG filed an affidavit with Montana Dept, of Environmental Quality alleging violations of the Troy Mine Reclamation Plan and the Montana Metal Mine Act.  Sterling Mining Company changed its name to Revett Minerals & Mining and went public in Canada.

 

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BULL TROUT DATA CRITICIZED -  In January, 2007, Avista Corporation – owners of Noxon Rapids and Cabinet Gorge Dams on the Clark Fork River – issued a blistering critique of Bull Trout data in the Biological Opinion for the Proposed Rock Creek Mine [see above, Sterling Wants to Reopen].  CRG and its colleagues sent a letter to Fish and Wildlife Service asking that the Biological Opinion be withdrawn.  Three months later Fish and Wildlife Service said it will reinitiate consultation on the Biological Opinion.

CRG WINS ANOTHER COURT CASE - CRG WINS ANOTHER COURT CASE. After seven long years of waiting for the finished version of the Troy Mine Reclamation Plan, CRG went to court against the Montana DEQ and Revettt/Sterling/Genesis Mining Company. DEQ and Revett asked for dismissal of the suit. The Court ruled against dismissal and stipulated that there be a progress report from DEQ by September, 2008. A final decision is expected in early 2010.

 

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MOST RECENT EVENTS - In 2008-2009, the Kootenai National Forest and Montana DEQ began an Environmental Analysis of the Proposed Rock Creek Mine Adit.  Issues arose regarding the groundwater disposal method and the possible likelihood of major failure of Montana Highway 200 which is in close proximity to the mine site.  CRG contracted for expert analysis of the pending problem.  Kootenai Nat. Forest and Montana DEQ issued a Record of Decision approving the Exploration Adit methodology.

 

Latest Rock Creek Mine Ruling – On March 29, 2010, U.S. District Court Judge Malloy issued a ruling, which – in part – states…..
 

            “The Forest Service’s decision to approve the Rock Creek Mine Project

            is vacated, and the 2003 Record of Decision and 2001 Final Environmental

            Impact Statement are set aside and remanded to the Forest Service for

            further action consistent with the Court’s forthcoming opinion.

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