A community group in Rossland is challenging the B.C. government’s ruling that the proposed Record Ridge magnesium mine does not require an environmental assessment and has filed a petition for judicial review in B.C. Supreme Court.
“We are asking the Supreme Court to send this decision back to the EAO, directing it to reach an outcome that will safeguard public health, our environment and our economy, and align with the EAO’s legal and constitutional obligations,” said Elissa Ferguson, spokesperson for The Save Record Ridge Action Committee (SRRAC).
The mine, proposed by West High Yield (W.H.Y.) Resources Ltd., would be located about seven kilometres from Rossland.
The company initially applied to extract 200,000 tonnes of ore per year, but in 2024 the Environmental Assessment Office ruled that the project required an assessment at that capacity. W.H.Y. then resubmitted an amended application with a production level of 63,500 tonnes per year, just below the 75,000-tonne threshold that triggers an environmental review.
The committee argues the numbers do not add up since the mine’s design, scale and infrastructure remain largely unchanged.
“This is a fundamental test of whether environmental regulations in B.C. are applied appropriately,” said Ferguson. “The EAO cannot simply accept numbers declared by a proponent at face value while ignoring the reality of a project’s scale. This sets a dangerous precedent — one that could risk public health and the environment in communities across B.C. It undermines protections for projects of all kinds, far beyond mining. If a proponent’s declared production capacity is not subject to regulatory scrutiny, thresholds for environmental assessment become meaningless.”
The petition also argues the EAO failed to meaningfully consider evidence of the project’s potential adverse effects, including risks to human health from asbestos and other contaminants in the ore, along with impacts on water quality, wildlife habitat, Indigenous rights and interests, and cross-border issues.
W.H.Y. has responded to the latest challenge, stating environmental studies confirm safe extraction conditions, with dust suppression and monitoring systems, including an asbestos mitigation plan that keeps levels at 0.0001 per cent compared with the 0.1 per cent Canadian guideline.
“Our Company has followed the law at every stage of this process”, said Frank Marasco, President and Chief Executive Officer of West High Yield. “The EAO made its determination independently, based on evidence, thresholds, and precedent. The Company remains committed to transparency, environmental protection, and ensuring the Project delivers lasting benefits to local communities, Indigenous partners, and the Province of B.C. The allegations that we attempted to mislead regulators or put the public at risk are unfounded, and we will vigorously contest these claims.”
Barry Bain, Corporate Secretary for W.H.Y. Resources, said the company recognizes and respects the public interest in the mine, and it is essential to have conversations based on the facts.
“This process that we have gone through as a company has been thorough, appropriate and we’re confident that the Environmental Assessment Office decision will stand the court’s review.” Bain said. This application is not going to change in our plans or commitment to the responsible development of the project.”
You can view W.H.Y. Resources’ response here.
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