VICTORY! Court upholds order to suction dredge miner to pay hefty fine
21st of Nov 2023
The U.S. Court of Appeals for the Ninth Circuit ruled that professional gold miner Shannon Poe violated the federal Clean Water Act when he dumped suction dredge mining waste into the South Fork of the Clearwater River without a required pollution permit.
The South Fork of the Clearwater is a State Protected River and provides critical habitat for salmon, steelhead, bull trout, and other sensitive species.
In September 2022, the district court levied a $150,000 fine against Poe due to Poe’s repeated violations, disregard for warnings, and encouragement to others to violate the law. The fine represents one of the largest CWA penalties against an individual in Idaho. The ruling also prohibits Poe from mining on the South Fork in the future unless he secures and complies with a CWA permit.
Advocates for the West represented the Idaho Conservation League in the lawsuit, filed against Poe in August 2018 for his repeated flouting of the law and illegal suction dredge mining. For years, Poe and his organization, the American Mining Rights Association, have encouraged miners to ignore federal rules on the South Fork of the Clearwater River and across Idaho.
“The South Fork Clearwater River is an Idaho gem, and shouldn’t be mined,” said Bryan Hurlbutt, Staff Attorney at Advocates for the West. “Any mining there must be held to the highest standards.”
“Based in part on Poe’s own admissions that he dredged without proper approval, the appeals court sent a strong message that scofflaw miners will be held to account. This case should set a precedent for much of the western United States and Alaska, ensuring that dredge miners and other polluters cannot flout the law,” said Jonathan Oppenheimer, government relations director with the Idaho Conservation League (ICL).
Suction dredge mining is a method of mining gold from riverbeds. Using an underwater hose, suction dredge miners suck up riverbed materials and then sort them for gold on a floating dredge. After sorting, most riverbed materials are discarded into the river, creating a plume of muddy water and other pollutants. Suction dredge mining also leaves behind dredge holes and waste rock piles in the riverbed.
For years, Poe and his organization, the American Mining Rights Association, have encouraged miners to ignore federal rules on the South Fork of the Clearwater River and across Idaho.
ICL filed this lawsuit against Poe, of California, in August 2018 for illegal suction dredge mining on the South Fork of the Clearwater River, which provides critical habitat for salmon, steelhead, bull trout and other sensitive species. ICL is represented by Advocates for the West.
In the ruling, the Ninth Circuit rejected Poe’s argument that he never added any pollutants to the river, finding: “Poe excavated rocks, gravel, sand, sediment, and silt from the riverbed. Poe punched holes in the riverbed by excavating through layers of riverbed down to the bedrock. Poe then processed the materials by running them through the sluice on his dredge, and then discarded the waste material into the water. This added a plume of turbid wastewater to the South Fork.”
“The 9th circuit’s affirmation of the decision should serve as a warning to anyone who flouts rules that protect clean water,” continued Oppenheimer. “Whether you’re a logger, angler, boater or a miner, we all have to follow the rules; it’s our responsibility as citizens. The largest Clean Water Act fine ever levied against an individual in Idaho should send a clear message to miners, or anyone, who refuses to follow the rules.”
“This is a problem across Idaho,” added Hurlbutt. “Unpermitted suction dredge mining is polluting the Salmon, Payette, and Boise rivers, not just the Clearwater River.”
ICL 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 (IPDES) 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 sensitive species, water quality, and other public resources.
Background
Suction dredge mining is a method of mining gold from riverbeds in which an underwater hose is used to suck up riverbed materials and then sort them for gold. After sorting, riverbed materials are discarded from the floating dredge into the river, creating a muddy plume that flows downstream, and leaves behind dredge holes and waste rock piles in the riverbed.
Dredge mining can wreak havoc on fish, wildlife habitat, riverbanks, waterways and riverbeds. A high-powered vacuum sucks up gravel and sediment at the bottom of a stream, dumps the material into a sluice box to capture gold, if any, and then spews the gravel and sediment back into the water. Video footage is available from ”Dirty Gold,” presented by Friends of the Clearwater.
Suction dredge miners are required to obtain Clean Water Act permits, known as a National Pollution Discharge Elimination System (NPDES) permit, to limit the harm they cause Idaho’s rivers. Poe, however, refused to obtain the permit from the Environmental Protection Agency when he mined in the South Fork of the Clearwater in 2014, 2015 and 2018.
At Issue
This week’s Ninth Circuit ruling upholds a series of earlier district court rulings in the case. In June 2021, the district court held that Poe violated the Clean Water Act when he engaged in unpermitted suction dredge mining on 42 separate days.
