Replies to post #1265 on Excelsior Mining Corp (EXMGF)

[tomcutah]

I would agree with you on that. We will see and no one on the planet knows if additional appeals will be filed. However, I can only comment on the known and the current appeal will be thrown. OTCQX 50. Real potential here for a move!!

[Revello]

Rule

Agree that if there is a "serious" appeal, it'll be filed on July 30, 31, or August 1, since the objective of an organized group (e.g., Earthworks) is to delay the project. I actually think the likelihood of such an appeal is already baked into the current share price (it may dip a little, but it won't be that long before folks start to accumulate shares at those dipped prices).

Earthworks (and possibly Sierra Club, if they decide to join in any potential permit appeal) face a dilemma on whether to appeal the permit. If they do, then they show that they are simply opposed to mining, in any form, period -- in short, an absolutist organization, without regard to whether a mining project is relatively environmentally benign (whether by its mining location or its type or scope of operations). I don't think Earthworks wants to brand itself as an inflexible pro-environmental organization, which it would if it filed a formal appeal to EPA Region 9's final UIC permit to Excelsior Mining.

Conversely, Earthworks (and possibly the Sierra Club), which are more national non-profit groups, may want to file an appeal due to the nearly unprecedented nature of Excelsior's ISR copper recovery approach -- fear of allowing a potentially national precedent to be set that might be cited or relied upon by other future copper or other mineral mining projects that want to obtain an UIC permit for an ISR methodology. The thought is that by stopping Excelsior Mining from getting its UIC permit, it would discourage other future potential mining projects that might want to give ISR a try (assuming such an approach would be feasible for their projects).


Personally, I'll be interested in seeing how Earthworks deals with the above dilemma as it relates to the permit appeal process. I think environmental conservation groups, in general, serve a good cause and often warrant citizen support to stop the bad actors. But, trying to stop an environmentally benign mining project such as the Gunnison mining operations would indicate to me that they harbor extreme, non-partnering ideology rather than really trying to serve the public good. I'd be severely disappointed if Earthworks and/or Sierra Club join in a permit appeal.

I can more readily understand if Amerind or the Gila Indian tribe decide to appeal, since their interests are more local and project-specific (even if, in my opinion, their reasons are unwarranted).

If the Gila Indian tribe appeal, that will be very disconcerting. Based on my past experience, anytime an Indian tribe voices concerns or joins in an appeal, the federal agencies involved will work with them with kid gloves -- the feds have to deal with Indian tribes on a sovereign-to-sovereign negotiating basis. Not criticizing that, but it's a reality that Native American tribes receive special consideration when they express concerns under existing laws and Presidential executive orders.