Second challenge to Seabridge’s KSM copper-gold project

A second objection to the KSM copper-gold mine belonging to Seabridge Gold (TSX: SEA; NYISE: SA). This petition has been filed in the B.C. Supreme Court against the provincial Minister of Environment and Climate Change Strategy, and KSM Mining, a Seabridge subsidiary.

SkeenaWild Conservation Trust and Southeast Alaska Indigenous Transboundary Commission (SEITC) filed the recent petition. Seabridge pointed out that although its name includes the word "commission", SEITC has no regulatory authority of any kind in relation to the “substantially started determination” (SSD) or the KSM project. The petitioners ask that the SSD be ruled unreasonable and want it set aside and remitted to the minister for reconsideration.

The first petition challenging the SSD on the grounds that it was unreasonable, was filed on Nov. 22, 2024, by the Tsetsaut Skii km Lax Ha (see CMJ news for Nov. 25). In the hearing on both Petitions, the Petitioners have to establish that the Minister's decision was unreasonable, not simply incorrect. 

The new petitioners allege the mine’s location threated the Nass and Unuk river sheds, which support several species of Pacific salmon and eulachon (candlefish). Further, they insist that these fish are vital to nearby communities for culture, subsistence, recreation, and their local economies.

Seabridge said the new petitioners are challenging the SSD as public interest advocates rather than as private litigants who claim rights or property interests in the KSM project area. This is the third legal claim brought by SEITC against the KSM project; the two previous proceedings were brought to challenge KSM’s 2014 environmental approval.

Seabridge has asked that the new petition be combined with the last week’s petition and heard together in court due to the same issues being raised.

"We have had a week to consider the previous petition,” said Seabridge chair and CEO Rudi Fronk. “We are very confident there is ample evidence that the determination was reasonable and appropriate. Since our subsidiary is included as a respondent to the new petition, we are a party to the proceedings and will aggressively defend against both petitions."

Learn more about the KSM copper-gold project at www.SeabridgeGold.com.