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Court Refuses Preliminary Injunction In Shoshone's Bid To Stop Gold Mine

By Howard M. Friedman

AP reports that yesterday a Nevada federal district court judge refused to issue a preliminary injunction to prevent Barrick Gold Corp. from beginning to dig a 2,000-foot deep open pit mine on Nevada's Mount Tenabo. Apparently delivering his opinion in South Fork Band Council of Western Shoshone of Nevada v. U.S Department of Interior (D NV, Docket No. 3:08-cv-00616-LRH-RAM) orally from the bench, Judge Larry Hicks said that at least so far plaintiffs had not shown a violation of the Western Shoshone's religious freedom or violation of federal environmental laws. He said in part: "The effect of the proposed mining project is on the plaintiffs' subjective, emotional experience. It is offensive to their sensibilities and in the mind of some will desecrate a sacred mountain. Nevertheless, the diminishment of that spirituality ? as serious as it may be ? under the Supreme Court's holdings, it is not a substantial burden on religious freedom." (See prior related posting.)

Full post as published by Religion Clause on January 27, 2009 (boomark / email).