MCoal Corp., a subsidiary of Vancouver-based mining investment company Novadx Ventures Corp. (TSX-V: NDX), has won a decision in the Alabama Court of Civil Appeals upholding an operations permit for its Rosa Mine, Novadx announced this morning.
MCoal and the Alabama Department of Environmental Management (ADEM) were jointly defending a legal challenge by Black Warrior River Keepers, Inc. and Friends of the Locust Fork Inc. targeting ADEM’s 2009 decision to issue a permit to MCoal for its Rosa Mine in Blount County, Alabama.
The petition charged ADEM had not followed proper procedures in issuing the permit.
According to Novadx’ statement, the appeal court issued an order December 2 affirming a December 8, 2010, Alabama Circuit Court of Montgomery County decision in favour of MCoal and ADEM.
However, Neil MacDonald, Novadx president and CEO, told Business in Vancouver that the appeal court decision might not end the court challenges.
“The hard reality is [the appellants] could try and appeal it again in yet a higher court and we’re unsure whether they will do that,” he said. “They basically have until the middle of next week to file a petition to say they’re going to appeal again.”
MacDonald said the appellants could yet take the action to the Alabama Supreme Court and then to federal courts. But he said the Rosa Mine continues to operate, and Novadx is hoping the court challenges will end.
“The truth of the whole matter is it’s highly unlikely that any upper court would ever rule against a lower court decision,” he said. “It’s our hope that [the appellants] will abandon this action at this time – but we won’t know that for another week or two yet.”
Jenny Wagler
@JennyWagler_BIV