A Rossland area community group is taking the province to court over its decision not to require a full environmental review for a proposed magnesium mine.
The Save Record Ridge Action Committee has filed a petition in B.C. Supreme Court, asking a judge to overturn the province’s decision, and send the case back for reconsideration.
“We’re asking the Supreme Court to direct the province to reach an outcome that protects public health, the environment, and the local economy, and that upholds its legal and constitutional responsibilities,” said Elissa Ferguson, committee spokesperson.
The proposed mine, known as the Record Ridge project, is backed by West High Yield Resources, a Calgary-based junior mining company.
If approved, the committee says it would be the company’s first operating mine.
The project site is located about seven kilometres from the resort municipality of Rossland and sits even closer to the small communities of Paterson and Big Sheep Creek.
If developed, the committee says it would become the closest open-pit mineral mine to any municipality in British Columbia.
According to the committee, West High Yield initially submitted a plan to extract 200,000 tonnes of ore annually, an amount that, under provincial regulations, would have required a full environmental review.
After the province flagged this requirement, the committee says the company resubmitted a revised proposal just weeks later.
The new version reported an annual production of 63,500 tonnes, just below the 75,000-tonne threshold, which the committee says would have triggered a mandatory review.
Despite the lower figure, the group says the mine’s design, scale, and infrastructure remained largely unchanged.
The committee also points to a statement from the Ministry of Mining and Critical Minerals, which described the revised application as “essentially the same” as the original.
The Rossland group argues that provincial regulators failed to question the company’s numbers and ignored evidence suggesting the project is capable of operating at a much higher capacity.
They say expert assessments, and the company’s own public materials, indicate production capacity well above the legal limit for avoiding a full review.
“This is a fundamental test of whether environmental regulations in B.C. are actually enforced,” said Ferguson.
“The province can’t just accept a company’s numbers at face value while ignoring the real-world scale of a project.”
Ferguson says that sets a dangerous precedent, not just for mining, but for all types of development.
“If no one checks the numbers, then thresholds for environmental review become meaningless,” she adds.
According to the group, those impacts include health risks from asbestos and other toxic materials in the ore, along with threats to water quality, wildlife habitat, and Indigenous rights.
They also raise concerns about cross-border environmental effects, given the project’s proximity to the Canada-U.S. border.
The mine site is located within a vulnerable grassland and Old Growth Management Area that provides habitat for the federally red-listed Mountain Holly Fern.
The area also includes the Seven Summits Trail, recognized by the International Mountain Biking Association, and a major destination for outdoor tourism.
West High Yield Resources, for its part, says the project has undergone rigorous scrutiny through provincial processes and is being developed in line with environmental regulations and community values.
On Aug. 20, the company announced that the B.C. Environmental Assessment Office had issued its final designation decision, confirming that the Record Ridge project will not be designated as a reviewable project under Section 11 of the Environmental Assessment Act.
The office concluded the project’s potential effects are being addressed through existing regulatory channels, including the Mines Act and the Environmental Management Act.
“We are extremely pleased with the Environmental Assessment Office’s final designation decision, which validates the rigorous review our project has already undergone through the Mine Development Review Committee process,” said Frank Marasco Jr., president and CEO of West High Yield.
“This outcome provides the clarity and certainty we need to advance toward final permitting and development of the project. We remain committed to building a sustainable operation that delivers critical minerals for Canada while protecting the environment and creating lasting benefits for local communities and Indigenous partners.”
Chief Clarence Louie of the Osoyoos Indian Band also welcomed the outcome in the Aug. 20 statement.
“We are pleased that the Environmental Assessment Office respected the opinion of the Osoyoos Indian Band and has allowed the project to proceed,” he said.
“We look forward to working with the leadership of West High Yield to ensure this project is of the highest standards in keeping with the traditions and expectations of our people.”
The company describes the Record Ridge deposit as a strategic Canadian source of critical minerals, including magnesia, silica and nickel, key to the clean energy transition.
According to a 2013 preliminary economic assessment filed under National Instrument 43-101 standards, the deposit holds approximately 10.6 million tonnes of magnesium.
The company says it plans to use green processing techniques to reduce waste and minimize CO₂ emissions.
More recently, on Sept. 15, West High Yield announced it had received a draft permit from the Ministry of Mining and Critical Minerals, outlining proposed conditions for extraction.
The company is reviewing the draft with input from internal and external experts, and expects a final decision on its application in the coming weeks.
“We are encouraged by this important step forward and appreciate the collaborative process with the ministry,” Marasco said.
“We remain committed to responsible resource development and look forward to advancing the Record Ridge project in alignment with provincial guidelines and community interests.”
Back in court, the Rossland committee is continuing its push for a judicial review.
Their lawyer, Ben Isitt, says the case raises broader legal and environmental concerns.
“Projects of this scale legally require a proper environmental assessment,” Isitt said.
“By disregarding expert findings and the broader record, the province failed in its duty to protect the public interest.
"This legal action seeks to correct that failure and protect both human health and the environment in the Rossland area.”
The committee also says the province’s decision contradicts its stated commitment to “world-class” oversight of mining and other resource projects.
Through the court challenge, it hopes to ensure environmental safeguards are properly applied and that public trust in B.C.’s regulatory process is upheld.
