A set of environmental conservation groups have filed a lawsuit against the Department of Environmental Quality over the Rock Creek Mine operation.

They argue that sediment released from the operation will hurt a critical native fishery in the area. The mine is being installed by Revett Minerals Inc., which began preliminary infrastructure construction last month.

The litigation filed by Clark Fork Coalition, Earthworks and Trout Unlimited of Idaho in state district court seeks to reverse the type of permit issued to Revett Minerals, known as a “general permit.” It allows for common types of projects to proceed without obtaining site-specific permits.

“The general permitting laws say in black and white that they don’t apply to situations where unique ecological resources are at stake,” said Loren Albright, a member of the board of trustees of Trout Unlimited.

The copper and silver mine lies on 148 acres of U.S. Forest Service land on the edge of the Cabinet Mountain Wilderness in the lower Clark Fork River watershed. Lawsuits have delayed the operation for more than two decades, according to Bill Orchow, president of Revett Minerals.

“Unfortunately, it’s the nature of the business,” said Doug Ward, vice-president of corporate development for Revett Minerals. “We think it’s actually going to be better for the fish because of the environmental concerns we are taking into consideration as construction begins.”

In December, the Forest Service gave Revett Minerals the go-ahead to use the land for mining purposes without citing any environmental concerns.

Revett hopes to begin construction beyond preliminary infrastructure late this summer, depending on a district court ruling of another lawsuit currently before U.S. District Judge Donald Malloy in Missoula.

“We’re confident that when we have our day in court, the suit will be dismissed,” said Ward.

The mine is expected to create 300 jobs, according to Revett Minerals.