By Josh Martin

July 17, 2018 - A special judge appointed to hear Alcoa's legal challenge of coal mining regulations imposed by Boonville, Indiana has made a ruling in the case.

The judge, Carl Heldt, voided Boonville's sweeping ban of coal mining within three miles of the city limits.

Heldt did, however, uphold Boonville's ban of blasting within 1,000 feet of city utilities and other city infrastructure. The ruling also upholds Boonville's regulation of mine water discharge.

Boonville city government passed the regulations to protect residents who live near Liberty Mine, a swath of northern Warrick County, from mining activities.

A group of neighbors, who formed an organization called Save Our Homes, said being close to mining activities jeopardizes their health, safety and property values.

"While we understand that the judge did not agree with the city on all points, the ruling sends a message that mining operators and other blasters cannot disregard the impact of their operations on the landowners, businesses and the City of Boonville," Mayor Charlie Wyatt said. "It is still unfortunate that this lawsuit was filed, as all of this could have been avoided."  

Alcoa wants to resume mining activities at Liberty Mine as the company prepares to reopen three shuttered smelter lines. The smelter lines' reboot is to create about 175 jobs.

Wyatt, other Boonville officials and members of the Save Our Homes group say they support the smelter lines' reboot, but neighbors needed more protections from mining than Alcoa and the Indiana Department of Natural Resources were willing to provide.

State rules require a buffer of 300 feet.

The city and the neighbors said they reached a compromise agreement with Alcoa. This called for a buffer of 800 feet, the placement of three seismic meters, and the use of a third party insurance adjuster in the event of property damages.

Alcoa, though, refused to put those terms in writing. The issue then went to court.

Alcoa released a two-sentence statement on Heldt's ruling, which indicated the company will ponder how to proceed with its announced mine expansion.

"A judge has ruled portions of Boonville’s ordinance invalid. Now, Alcoa and its mining contractor will consider the next steps for the expansion at Liberty Mine, which has received approval from the Indiana Department of Natural Resources." 

The court ruling can be read here (PDF). 

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