May 05, 2006

By DEEDEE CORRELL THE GAZETTE

A federal judge has ruled in favor of the Cripple Creek & Victor Gold Mine in a 6-year-old lawsuit by two environmental groups who said the operation violated the Clean Water Act.

U.S. District Judge Marcia Krieger ruled the Sierra Club failed to prove the mine had repeatedly released excessive amounts of zinc and cyanide and had discharged pollutants without a permit.

She also dismissed claims by the Mineral Policy Center, saying the organization had no standing to make a claim.

Mine officials acknowledged they had problems in the past, but said they had worked with state and federal agencies to correct the
issues.

ìThere are no ongoing violations,î mine spokeswoman Jane Mannon said.

She said heavy rain between 1994 and 1999 caused excessive discharge of pollutants, issues that led the Environmental Protection Agency and state health department to take action in 2001 against the mine. The following year, the mine settled, paying a $125,000 fine, the maximum penalty allowable under law.

ìWhen we settled with the EPA, we recognized there were some exceedances, but weíve put mitigation in place and there have not been any violations since then,î Mannon said.

Sierra Club officials said they were disappointed in the suitís outcome, but undeterred in their efforts.

ìItís been clear to us that Cripple Creek & Victor Gold Mine has been polluting the Cripple Creek and Arkansas River for quite some time,î said Roger Singer of the groupís Boulder office. ìWeíre going to continue to fight against that water pollution.î

The fact the mine reached a settlement with the EPA ìdoesnít mean theyíre meeting standards to our satisfaction,î Singer said. ìWe feel thereís much more the mine can still do to ensure we protect water quality of the area.î

The EPA action addressed most of the violations alleged in the case, according to the judgeís April 13 ruling, which followed a sevenday trial in February.

The Cripple Creek & Victor Gold Mining Co. is partly owned by Golden Cycle Gold Corp. and part-owned by AngloGold (Colorado) Corp.

AngloGold Ltd., based in Johannesburg, South Africa, is one of the worldís largest gold producers.

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