Here is some information about the timetable so that investors can get a better idea of time frame.
Both Excelsior and the EPA must respond to the Appellants appeal points within a regulated timeframe by the EAB. The response time that the EPA has to respond was extended by 45 days. This was due to summer holidays that key staff were on. By nature, this extension also extended the time Excelsior has to respond. So, both the EPA and Excelsior must make responses and submit them to the EAB by October 12th, 2018. The Petitioner then has until November 5th to respond to Excelsior’s and the EPA responses and submit it to the EAB.
Response briefs in this matter must be filed no later than October 12, 2018. The reply brief, if any, must be filed no later than November 5, 2018.
The EAB then will then make a decision. They can make an order to deny review, or they can force a review on the EPA’s permit and have the EPA modify the permit. I am confident that the EAB will deny review.
To provide context, a much more contentious and difficult permit to approve was the Florence Copper Project. Despite this and very heavy and motivated opposition, the EAB ruled to deny review.
In the meantime, 1 event could occur which could stop the appeal well before the dates above.
The party that made the appeal (Appellant) can voluntarily withdraw their appeal. Note that we already had one appeal withdrawn a few weeks ago by Sharon Rock.
Perhaps but less likely:
Excelsior and the Appellant can come to an agreement in what is called the Alternative Dispute Resolution ADR process that exists. If an agreement is reached, the appeal would be dropped and it would go away. It seems that Excelsior has declined the ADR offer but in my opinion, they may just be playing hard ball and that process can be reopened.
