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Lucky Minerals receives court order for licence vacatur

2019-04-23 09:55 ET - News Release

Mr. Robert Rosner reports


Lucky Minerals Inc. is considering its options regarding a court order for vacatur of exploration licence at the company's Emigrant project in southwestern Montana. Judge Brenda Gilbert, of Montana's Sixth District Court, recently ruled against Lucky Mineral's and Montana attorney-general Tim Fox's requests that Montana's District Court deny the motion for vacatur and uphold Lucky Mineral's private property rights.

Judge Gilbert's order was issued in response to the plaintiff's (Park County Environmental Council (PCEC)) motion filed in June, 2018, asserting that strategic mineral exploration at the Emigrant project would impact Montanans' right to a clean and healthful environment.

It is the position of the company that Judge Gilbert did not give adequate weight and consideration to the attorney-general's assertion that PCEC's constitutional challenge was fundamentally flawed, insofar as it was based on what Lucky believes to be a false presumption that the Montana Environmental Policy Act (MEPA) is the only applicable law enacted to protect Montanans' right to a clean and healthful environment. Furthermore, Mr. Fox's brief called out PCEC's failure to acknowledge the significant and comprehensive range of environmental protection remedies under the Metal Mine Reclamation Act (MMRA).

"Judge Gilbert's ruling threatens private property rights not only of this project, but it also threatens the private property rights of farmers, ranchers and a wide range of other Montanans throughout the state," said Robert Rosner, chief financial officer and executive vice-president of Lucky Minerals. "Montana has worked hard to put in place protections that allow job-creating projects like Emigrant to advance while preserving the safety and health of the community."

The attorney-general's brief submitted to Judge Gilbert on the matter stated that "the legislature never intended MEPA to be the roadblock tool of environmental groups for indefinitely delaying and ultimately shutting down all resource development projects to which the environmental groups are philosophically opposed."

"Lucky Minerals will likely appeal Judge Gilbert's order and continue to fight for the private property rights which are the backbone of the Montana way of life," said Mr. Rosner. "The judge's order appears to have overlooked the attorney-general's assertion that MEPA is not intended to be used by special-interest groups to become a roadblock tool; rather, it must be used for oversight."

Montana's Department of Environmental Quality extensively studied the exploration activities proposed for the Emigrant project. The studies are documented in a comprehensive environmental assessment that resulted in the issuance of the exploration licence, demonstrating that there were no significant impacts projected as a result of the proposed work.

"Based on Montana law, the comprehensive environmental assessment and the attorney-general's assertions," said Mr. Rosner. "We believe we have a strong case to appeal this order."

About the Lucky Minerals Inc. and the Emigrant project

Lucky Minerals and its subsidiary, Lucky Minerals Montana (LMM), are managing licensed exploration activities of the Emigrant project, which is located on private property within the historic Emigrant mining district in southern Montana.

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