By the Juneau Empire

The U.S. Supreme Court's 6-3 decision upholding the Army Corps of Engineers' interpretation of the Clean Water Act will allow the Kensington Gold Mine, at long last, to resume production. With tourism down and effects of the recession being felt in most Juneau homes and businesses, the news couldn't have come at a better time.

Coeur D'Alene Mines Corp., the company developing the mine, hopes to resume digging by mid-2010. That means 300 well-paying jobs (average salary of $80,000 per year) and Coeur officials have said repeatedly they intend to hire local workers. During previous operations, as many as 200 of the mine's 450-person workforce were Alaska Native, and most were local hires.

"We've had a commitment to local and Native hires," spokesman Tony Ebersole told the Juneau Empire. "We anticipate most of the (workers) will come from the local pool."

The Kensington Mine's 1.5 million ounces of gold - 125,000 ounces mined annually - will mean jobs for about 10 years, if not longer, Ebersole said. This is a more lucrative stimulus package than anything the feds can, or will, offer to Juneau.

Of greater importance, however, is that we believe Coeur's plan meets the state's and the local community's definitions for reasonable, responsible development.

The 23-acre Lower Slate Lake will become a storage site for inert mine tailings. A water treatment facility and dam will discharge clean water into a nearby stream that flows into Berners Bay. Bottom line: there will be no pollution of Berners Bay.

The mine company's plan isn't preferred by environmentalists, who'd rather see a paste tailings facility built in the wetlands. But Coeur's plan does meet the Corps of Engineers' standards. The Environmental Protection Agency liked the wetlands idea better, but felt using Lower Slate Lake also met its standards. Yes, some fish will die, but the lake's 1,000-or-so fish are far fewer than local residents will eat this weekend.

Environmentalists view the Supreme Court's decision as a crushing blow. Since the beginning, they've questioned the Corps of Engineers' definition of "fill," the leftover waste rock produced. What the Supreme Court decided was to allow the Corps of Engineers - and the EPA through its veto power - to weigh the merits of mining development plans at a local level and on a case-by-case basis. Officials with the Pebble Mine near Bristol Bay say they are doubtful the Supreme Court's ruling will have any affect on their situation. And it shouldn't, because each situation is different.

Earthjustice attorney Tom Waldo is concerned that a Pandora's Box of issues has now been opened, and that irresponsible mining could now run rampant. "The Corps said they (Kensington) can kill an entire lake," he said. Waldo fears the definition "fill" will become synonymous with "toxic mine waste." We just don't see that happening, and the EPA and Corps are to ensure it doesn't.

The court's decision isn't a one-size-fits-all ruling that allows for unregulated toxic dumping in neighborhood fishing holes or massive bodies of water.

The Kensington Mine has successfully been through the necessary permitting processes of the EPA and the Corps of Engineers at the federal level, and has also met the requirements of numerous state permitting agencies. It has also conducted three major environmental impact statements prepared by the U.S. Forest Service. The same process still applies.

Still, it appears, we haven't seen the last of this issue. For some, the battle over Kensington just became a war to save the planet. Environmentalists are urging President Barack Obama to intervene and reverse the Bush administration's "fill" rule. Or Congress may step in. A Congressional House Bill to reverse the Bush rule has more than 150 co-sponsors already, which means the issue is now well beyond just Juneau, Kensington and the Southeast Alaska Conservation Council.

Adverse reactions by critics assume that all future mining development will be irresponsible development; that in no way can the EPA and Corps be trusted to ensure Mother Nature isn't ravaged for the sake of precious metals. The Kensington Mine will prove otherwise.

The biggest concern that Juneau and Southeast residents should have is that the Kensington may ultimately - and helplessly - be held hostage by outside interests that could delay its opening for years to come. That would be a travesty to us all.