Gold Mining Operation/Clean Water Act: Earthworks Petition for Review Challenging Idaho Department of Environmental Quality NPDES Permit
March 17, 2026
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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Earthworks and three other environmental organizations filed a February 27th Petition for Review (“Petition”) before the Idaho Department of Environmental Quality (“IDEQ”) challenging what is denominated the Stibnite Gold Project (“Project”).
The Petition addresses the Idaho Pollution Discharge Elimination System Permit (“Permit”) issued to Perpetua Resources Idaho, Inc. (“PRI”) for the Project that is stated to be in the vicinity of Yellow Pine, Idaho.
The other environmental organizations joining the Petition include:
- Idaho Conservation League.
- Idaho Rivers United.
- Save the South Fork Salmon.
(Collectively, “Earthworks”).
The Petition describes the proposed mine as consisting of:
- Three open pits.
- Ore processing facilities.
- Roads and transmission lines.
- An impoundment of over 400 acres of the Meadow Creek Valley.
Extraction of gold is stated to account for the most significant portion of the facility’s activities.
The Petition argues that the IDEQ’s issuance of the Permit violated:
- Clean Water Act Section 402.
- U.S. Environmental Protection Agency's ("EPA") implementing regulations.
- Idaho law.
IDEQ is alleged to have failed to:
- Develop and impose the necessary and appropriate technology-based effluent limitations for the facility;
- Gather, document, disclose, and allow meaningful public review and comment on the information and analysis necessary to develop those limits;
- Develop and impose the necessary and appropriate water quality-based effluent limitations for the facility; and,
- Develop and impose the necessary and appropriate effluent limitations to protect bull trout.
A copy of the Petition can be found here.
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