Feds decide not to appeal ruling halting Glacier’s construction project on Maury Island

by Tim Flanagan on December 23, 2009

Leslie Brown has the story in the Vashon-Maury Island Beachcomber:

In a significant move, the federal government has decided not to appeal a U.S. District Court decision last August that temporarily halted Glacier Northwest’s plans to dramatically increase its mining operations on Maury Island.

The U.S. Justice Department filed a notice in federal court this week that it was revoking an earlier notice it submitted that it intended to appeal. Emily Langley, a spokeswoman in the Justice Department’s Seattle office, declined to explain the rationale behind the government’s move, noting that the reason for such decisions "is privileged."

The decision, Langley added, went all the way to the government’s top lawyer, Solicitor General Elena Kagan, appointed to the position by Pres. Barack Obama.

The move means that Glacier — an "intervenor" in the case — can still appeal U.S. District Judge Ricardo Martinez’s ruling but will do so on its own. Those who have been battling Glacier’s efforts at expansion said they believe that will make it harder for the mining giant to prevail in court.

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