RE: Bunker Hill6 Sep 2018 16:06
Hi Tom!
Two legal concerns over Bunker Hill:
1. Permission to reopen this notorious once highly polluting mine was granted by Scott Pruitt (Trump's hard right anti-Global Warming appointee as EPA administrator, since forced to resign amid numerous corruption scandals). He granted Bunker Hill a 95% "discount" on the government's SuperFund clean up bill, probably exceeding his powers. (Basically, during his tenure, Scott Pruitt just ripped up or ignored every environmental protection rule he could. That's not allowed. Bureaucrats must act within existing law.)
Many of Scott Pruitt's rulings as EPA administrator are headed for the courts - the first (re: chemical plant safety) has already been overturned by a judge a couple of weeks ago.
The permission to reopen Bunker Hill will almost certainly also be challenged in court in due course.
Scott Pruitt's ruling in the Bunker Hill case is indeed odd - many previous applications to reopen the mine were made and rejected by the EPA over the 30 years it was closed. Scott Pruitt's own personal corruption is well recorded in the press; even for the Trump administration it was extraordinary. So it is easy to cast doubt on his motives. Thus, even without considering the possibility of a Democratic victory in 2020 and a hostile new EPA administrator, the whole Bunker Hill project stands on very shaky legal ground.
2. Separately, and further down the line, the mine will probably also be plagued by class action lawsuits alleging lead poisoning. Remembering that the entire area around Kellogg is already heavily polluted with lead from previous mine operations, there will be lead poisoning victims for the lawyers to parade in court. The question in court will be, was the lead from the old mining, or from the restart? A tricky one to prove, that. And US juries in such cases are notoriously sympathetic to the victims and very quick to levy massive damages against foreign companies, even when the scientific ground for their finding is doubtful (see recent Bayer-Monsanto "Round Up" case in San Fransisco).
In short, looked at from a US legal perspective, I don't think reopening Bunker Hill is a serious endeavour - no matter what the IRR/NPV is. IMO, it's telling how US companies have avoided the project, and the only people interested in funding it are the Chinese and Hummingbird - i.e. outsiders.