For Immediate Release: Tuesday, July 2, 2024
Contacts:
Jonathan Oppenheimer, ICL Government Relations Director, (208) 208-345-6933 x 226
Will Shoemaker, Communications & Engagement Director, Advocates for the West, (208) 801-7523
Abby Urbanek, ICL Communications & Marketing Manager, (208) 345-6933 x 214
SCOTUS decision ends saga of California dredge miner who polluted Idaho river
BOISE, ID — Today, the U.S. Supreme Court upheld the longstanding requirement that suction dredge miners must obtain a Clean Water Act permit before engaging in the destructive activity. The Supreme Court rejected a petition to review prior federal court rulings that found gold miner Shannon Poe, of California, violated the Clean Water Act when he dumped suction dredge mining waste into Idaho’s South Fork of the Clearwater River without a required pollution permit.
“Before today, two federal courts correctly determined that Mr. Poe should be held accountable for disregarding permitting requirements under the Clean Water Act,” said Jonathan Oppenheimer, Government Relations Director with the Idaho Conservation League. “The Supreme Court’s rejection of Poe’s arguments settles this matter once and for all. This is a significant win for Idaho, and for all of America’s rivers and streams and the fish and wildlife those rivers support.”
For years, Poe refused to obtain a permit while he and his organization, the American Mining Rights Association, encouraged other miners to also protest federal rules on the South Fork of the Clearwater River and across Idaho.
Suction dredge mining for gold can damage riverbeds. Using an underwater hose, miners can excavate huge portions of the riverbed, clouding the waters with sediment and leaving behind large piles of sand, rocks, and gravels on the riverbed. The mining can also release dangerous metals, such as arsenic and mercury, into the water.
To ensure compliance with the Clean Water Act, suction dredge miners have long been required to secure permits that minimize damage to rivers, sensitive aquatic life, and ensure access and other values are protected. The South Fork of the Clearwater is a State Protected River and provides critical habitat for salmon, steelhead, bull trout, and other sensitive species.
“Both Idaho and the Environmental Protection Agency have made complying with the permit requirement simple,” said Laird Lucas, Executive Director of Advocates for the West, who served as counsel to the Idaho Conservation League in this case. “We hope that today’s decision puts an end to aggressive, unfounded efforts to undermine protections that keep us and our waters safe.”
The Idaho Conservation League filed suit in August 2018 to ensure Poe’s compliance with the same permitting requirement that others must follow.
In June 2021, the district court ruled that Poe violated the Clean Water Act when he engaged in unpermitted suction dredge mining on 42 separate days. In September 2022, the district court levied a $150,000 fine against Poe — the largest Clean Water Act fine ever levied in Idaho against an individual — due to his repeated violations, disregard for warnings, and encouragement to others to violate the law. The 2022 ruling also prohibits Poe from mining on the South Fork Clearwater River in the future unless he secures and complies with a Clean Water Act permit.
In November 2023, the U.S. Court of Appeals for the Ninth Circuit issued a unanimous decision affirming the district court rulings. After unsuccessfully appealing to the Ninth Circuit, Poe petitioned the Supreme Court to hear his case.
“We’re heartened that the Supreme Court saw through Poe’s attempts to degrade and destroy natural treasures such as the South Fork Clearwater without repercussion,” concluded Oppenheimer. “Once again, the message is clear from the highest court in the land: Suction dredge miners must follow the rules designed to protect clean water, or pay the price.”
The Idaho Conservation League monitors suction dredge mining across the state, and has placed several miners on legal notice to encourage Clean Water Act compliance and to protect Idaho’s rivers and streams from pollution. Dredge miners in Idaho must obtain an Idaho Pollution Discharge Elimination System Permit from the Idaho Department of Environmental Quality to comply with the Clean Water Act, and must obtain other permits to comply with state and federal rules designed to protect stream channels, sensitive species, water quality, and other public resources.
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ICL’s mission is to create a conservation community and pragmatic, enduring solutions that protect and restore the air you breathe, the water you drink, and the land and wildlife you love.
Advocates for the West is a non-profit, public interest environmental law firm headquartered in Boise, Idaho, that works to defend public lands, water, fish and wildlife throughout the American West. Visit Advocates for the West online at https://advocateswest.org/.