A status conference is pending in federal court to determine if developers of the proposed Rock Creek mine can initiate development of the project.

“We really don’t know yet if we’re able to proceed or not, but we are at least trying to determine where we stand on the litigation,” said Carson Rife, vice president of operations for Revett Minerals.

The status conference before U.S. District Judge Don Molloy is set for March 17 in Missoula.

The litigation involves the U.S. Forest Service’s decision approving the copper and silver mine’s plan of operations and the U.S. Fish & Wildlife Service’s biological opinion concerning impacts to grizzly bear and bull trout.

Two suits were brought against the federal agencies by the Rock Creek Alliance and 10 other resource and conservation groups, but were later merged into a single action. Revett is an intervening party in the litigation, which has been idle for the last two years.

“(Metals) prices are favorable and we believe funding is available as well if we’re able to clear the way on the legal front,” Rife said.

The first phase of the mine involves the installation of an evaluation adit and the construction of a treatment plant to process water discharged from the adit and later the mine itself.

Jim Costello of the Rock Creek Alliance said that the group will challenge any efforts to proceed with the evaluation adit.

“If Revett decides to go ahead and begin the evaluation adit, a preliminary injunction may be necessary,” Costello said.

Costello expressed doubt that Molloy would give Revett permission to develop the adit when the rest of the project remains in legal limbo.

The Montana Supreme Court blocked a permit that would have enabled Revett to discharge treated wastewater from the mine into the Clark Fork River.

“They have nowhere they could possibly go with that 3 million gallons a day,” Costello said. “They can’t dump 3 million gallons a day into the ground. That is just not an option.”

(Keith Kinnaird is news editor for the Bonner County Daily Bee in Sandpoint, Idaho).