FOR IMMEDIATE RELEASE ENR
TUESDAY, NOVEMBER 25, 1997 (202) 514-2008
TDD (202) 514-1888
WASHINGTON, D.C. -- The Justice Department and the Cheyenne River Sioux Tribe today sued San Francisco-based Homestake Mining Company for allegedly polluting a watershed in the central part of the state with more than 100 million tons of toxic mine tailings. The lawsuit seeks the as yet to be determined costs necessary to restore the natural resources allegedly damaged by the company's nearby mining operations.
The civil lawsuit, filed today in U.S. District Court in Rapid City, alleged that the company discharged the mining wastes into Whitewood Creek, contaminating the Creek, the Belle Fourche River, the Cheyenne River, and Lake Oahe. The Cheyenne River Sioux Reservation borders the Cheyenne River and Lake Oahe.
"This nation's natural resources are one of our most precious assets and we must protect them," said Lois Schiffer, Assistant Attorney General in charge of the Justice Department's Environment and Natural Resources Division. "When the environment is damaged the polluter, not the American taxpayer, must pay to clean it up."
"This case is critical to protect the health and safety of Reservation residents as well as our treaty rights, waters and natural resources for the coming generations, " said Gregg J. Bourland, Tribal Chairman for the Cheyenne River Sioux.
"South Dakotans take pride in our clean water and healthy wildlife. We will protect these resources for all to enjoy," said Karen Schreier, U.S. Attorney for the District of South Dakota.
Today's lawsuit, filed under the federal Superfund law and the Clean Water Act, seeks to restore an area contaminated by a century of mining and ore processing. The suit alleged that the mining wastes deposited into Whitewood Creek by Homestake, which include mercury and arsenic, continue to seep into soil and water, damaging wildlife and vegetation. Fish, birds, and other wildlife and their habitats, along with federally managed lands and tribal lands, have been damaged.
The United States government, the Tribe, and the State of South Dakota will assess the damage caused by the Company's mining to determine what must be done to restore the natural resources in the watershed. The damage assessment is a process in which state and federal agencies and the Tribe, with input from the public, collect and analyze scientific information to determine the extent of the damage to natural resources, and develop a plan to restore them.
The Justice Department and the U.S. Attorney's Office in South Dakota filed today's lawsuit on behalf of the Interior Department, the Army Corps of Engineers, and the Environmental Protection Agency. The lawsuit is similar to one filed by South Dakota in September 1997, pending in the same court.
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