The Nez Perce Challenge
Filed last month, the Nez Perce Tribe’s suit targets the U.S. Forest Service (USFS) and the Department of Agriculture, challenging their approval of the Stibnite mine. The tribe says the decision allows Perpetua to gouge open pits, erect a 475-foot tailings dam, and bury more than 400 acres of Meadow Creek Valley beneath 120 million tons of mine waste.
The tribe argues the project will obliterate fish spawning grounds, raze wetlands, and pollute both groundwater and surface water far beyond the mine’s lifespan. Tribal leaders say the plan will even divert the East Fork South Fork Salmon River into a tunnel for more than a decade, barring access to traditional fishing and hunting grounds.
“The Forest Service dismissed our requests to consider alternatives and instead adopted Perpetua’s goals,” said Chairman Shannon F. Wheeler. “We are filing suit to defend our treaty rights, our fisheries, and our future.”
Legacy Wounds and Restoration Promises
Perpetua counters that the Stibnite district has been environmentally scarred for a century. Past miners, it argues, left behind poisoned soils, eroded topsoil, and blocked fish passages dating back to 1938. The company says its project is designed not just to extract minerals but to fund restoration efforts, stabilizing sediment, improving water quality, and reopening habitats.
The USFS’ approval included plans to manage toxic legacy materials during construction and operations. Perpetua says the mine’s revenues will bankroll reclamation that previous miners abandoned.
