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Judge confirms state's decision to allow tar sands mine without groundwater pollution permit
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September 4, 2012
Utah: Judge Sandra K. Allen has confirmed the state's approval of a US Oil Sands Inc. tar sands mine without requiring a groundwater pollution permit.[1]
Judge Allen explained explained her decision saying, "Substantial evidence in the record supports a finding that shallow groundwater has not been located and may be assumed absent in the project area. US Oil Sands proposed operation does not present a greater than de minimis risk of affecting the quality of ground water."[2]
Opposition to the mine claimed there was insufficient evidence proving an absence of groundwater and that any groundwater, regardless of how much, should be protected.[3]
Judge Allen's decision will be forwarded to the Utah Water Quality Board which will either approve or reject the recommendation by the end of this month. If the decision is not appealed to the Utah Court of Appeals or rejected, the operation could become the nation’s first fuel-producing tar sands mine.[1]
Response to decision
In favor
| “ | Judge Allen's finding further substantiates the outstanding environmental attributes of US Oil Sands' extraction process which uses only a non-toxic bio-solvent derived from citrus to remove oil from the sands. We believe this process, which requires no tailings ponds, enables the PR Spring Project to possess one of the lowest environmental footprints in its class. This finding further advances our operational plan for the PR Spring Project and we continue to remain on-target for start-up in Q4, 2013.[2]
- Cameron Todd, CEO of US Oil Sands
- Walt Baker, Utah Division of Water Quality director[4] |
” |
Opposed
| “ | We are disappointed, obviously, but this is not the end of the road. It’s likely that we’re going to appeal this decision.[1]
- Rob Dubuc, an attorney representing Moab-based Living Rivers[4] |
” |
Footnotes
- ↑ 1.0 1.1 1.2 1.3 The Salt Lake Tribune, "Judge recommends approving Utah tar sands mine," August 29, 2012
- ↑ 2.0 2.1 Newswire.ca, "US Oil Sands Inc. Announces State Finding Supports PR Spring Permit," August 29, 2012
- ↑ ksl.com, "First oil sands mine in nation survives judicial scrutiny," September 2, 2012
- ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Utah • U.S. Bankruptcy Court: District of Utah
State courts:
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