Atlanta Gold Inc (ATLDF)

[RobC]

Regarding the lawsuit and summary judgement… I guess we'll see where they are in June..

"The EPA has not released AGC from the requirements of its permit, nor has AGC taken steps to upgrade the PWTF so that its discharges will come into compliance with the effluent limitations stated in the permit. Because contaminated water continually flows from the Adit and because the PWTF has yet to treat that water so that its discharge complies with the permit, it is reasonable to conclude that AGC’s “wrongful behavior”, i.e., its non-compliant discharges, will continue.

At the same time, AGC did not renew its lease for the land which houses the Adit and the PWTF. Not only did it not renew that lease, but ten days after this lawsuit was filed it expressly opted out of its opportunity to purchase the land which houses the Adit and PWTF.

AGC contends that it is in negotiations with EPA and the USFS regarding the cessation of its operation of the PWTF. However, at this time, the PWTF is still operating and AGC still falls under the permit. These facts are distinguishable from Riverkeeper where the facility had been completely dismantled and the permit officially terminated. There is no evidence in the record that AGC’s proposed cessation and reclamation plan has been approved by the USFS and importantly, the EPA specifically stated that the PDES permit was not terminated following AGC’s notice of termination. (Hawley
Decl, Ex. 25, Dkt. 22-5). While the permit’s termination date is June 30, 2012, approximately six months remain until that time."

BTW.. This is not a PR.. It's in the lawsuit summary judgment found here:

http://www.advocateswest.org/sites/default/files/case/Atlanta%20Gold/files/Atlanta%20Gold%20SJ%20decision_0.pdf


To look at all the court documents go here:

http://www.advocateswest.org/case/atlanta-gold