Perhaps it is the growing Chromium VI plume in California or the recent discovery of high levels of the carcinogen in a Bend, Oregon water supply, but the EPA is cracking down. Earlier this month, Oregon Water Resources Departmentdenied a water use permit to chromite miners, Oregon Resources, citing, in part, “proposed water use will impair or be detrimental to the public interest”.

A lawsuit brought in October by local homeowners and the Oregon Coast Alliance challenges the National Marine Fisheries and Army Corps of Engineers for issuing permits without thorough consideration of the effects of Chromium VI on salmon and drinking water. This Tuesday, a hearing before Judge Michael Hogan in Federal Court in Eugene, seeks an injunction prohibiting mining until the case can be heard.

The homeowners said that if the mine goes forward, hexavalent chromium could contaminate drinking water wells and contaminate fish-bearing streams. They also said the mining would fill in wetlands, destroy wildlife habitat and produce heavy truck traffic past their homes.

The federal agencies responded there is no need for an injunction because their research was adequate. They also warned the judge that delaying the mining could postpone hiring by Oregon Resources and its contractors.

Interestingly, the agencies argue that environmental concerns must be weighed against potential economic gains. “…strong public interest in those jobs and other local economic benefits should not be downplayed…”

Taking this view into account, the agencies should also evaluate jobs lost as a consequence of the mining. In other words, a real economic impact statement should be a part of their evaluation IF the agencies are going to weigh jobs against the environment.