Closed Pit Lake Fish Habitat Jurisdictional Motion, WLWB Public Hearing Record, Ekati Diamond Mine (MVLWB, July 2009)
The Wek'èezhii Land and Water Board issued a decision rejecting BHP Billiton's motion claiming the Board lacks jurisdiction to require fish habitat establishment in closed pit lakes at Ekati, ruling that the 1996 Fish Habitat Compensation Agreement does not limit the Board's statutory authority to impose fish habitat reclamation requirements. The Board concluded it has jurisdiction to require fish habitat restoration as part of mine closure and reclamation, whether the Agreement is characterized as a private contract or part of a regulatory authorization.