Click here to read the full article from the Salt Lake Tribune.
From the Salt Lake Tribune:
US Magnesium says it stopped building a retaining wall meant to keep toxic waste out of the Great Salt Lake because it’s no longer mining magnesium and therefore, according to the company, is not creating waste to mitigate.
State and federal agencies say that’s not how it works.
The wall is mandated as part of the company’s 2021 settlement with the U.S. Environmental Protection Agency. And with progress on the wall and other required work stalled, state officials successfully argued Friday that the mining company should be put under the control of a court-appointed receiver.
Third District Judge Charles A. Stormont signed an order Friday evening appointing John H. Curtis of Rocky Mountain Advisory, LLC, to “take possession of, use, operate, manage and control” US Magnesium. Receivers are neutral professionals generally assigned to run and safeguard the assets of distressed businesses.
The move “is intended to eliminate and remedy US Mag’s noncompliance with Utah’s environmental protection laws,” according to the complaint filed Friday by the Utah Division of Forestry, Fire and State Lands.
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The completion of that work, the state argues in its lawsuit, “is critical to preventing uncontrolled releases of hazardous substances into Great Salt Lake.”
US Magnesium’s “intentional release” or discharge of hazardous materials and contaminants “are illegal and/or unauthorized actions that are continuing in nature,” the state asserts. They amount to “continuing illegal trespass” and a public nuisance, the complaint contends.
This comes in the wake of US Magnesium recently laying off a majority of workers and idling operations. The retaining wall settlement was partially a result of pressure from FRIENDS during our participation in the TAG (Technical Assistance Grant) process, you can learn about this and our ongoing advocacy work at the facility here: US Magnesium.
Though the lack of accountability and follow-through from US Magnesium is disappointing, it fits within a decades-long pattern of neglect for Great Salt Lake by the company. We see this decision by Third District Judge Charles A. Stormont as a positive and necessary step to ensure the decades of contamination accruing at this site for decades are cleaned up and contained.