SANDPOINT - The U.S. 9th Circuit Court of Appeals is rejecting claims that the U.S. Fish and Wildlife Service turned in a flawed analysis of the proposed Rock Creek Mine's impacts on grizzly bear and bull trout.

The San Francisco-based court issued a ruling Wednesday affirming the agency's conclusions that the proposed mine in northwestern Montana would not jeopardize either of the endangered species.

The Rock Creek Alliance and other conservation groups sued Fish and Wildlife in U.S. District Court in 2008, arguing that the agency's non-jeopardy calls were arbitrary, capricious and contrary to the federal Endangered Species Act.

A federal judge disagreed and granted summary judgment in favor of Fish and Wildlife and mine developer Revett Minerals.

On appeal, Rock Creek Alliance maintained that the Fish and Wildlife improperly relied on a large-scale analysis of the mine's impact on bull trout and recovery of the native fish. Rock Creek further argued that the methodology for calculating grizzly bear habitat was flawed and the mitigation plan for the animal was unreasonably speculative.

But the appellate panel concluded that the bull trout analysis was sound and that the suite of grizzly mitigation measures, which includes purchasing 273 acres for habitat, was "robust."

"The Fish and Wildlife Service concluded that the extensive package of mitigation measures supported a finding that the proposed mine posed 'no jeopardy' to the grizzly bears because 'collectively, the measures would reduce, remove or more than offset the potential adverse effects of the proposed action,'" the panel wrote.

Revett Minerals CEO John Shanahan was cheered by the court's ruling.

"It's pretty crystal clear that the existence of the Rock Creek Mine is not going to endanger wildlife and endangered species," said Shanahan.

Jim Costello of Rock Creek Alliance said he was disappointed by court's conclusions and said the 9th typically gives agencies far too much deference. Costello added that the court never looked at the mitigation package itself and essentially took Fish and Wildlife at its word.

"They just placed all trust on the U.S. Fish and Wildlife Service and left it there," said Costello.

Costello said Rock Creek Alliance has not decided whether to further appeal on the endangered species issues.

The proposed mine still lacks a record of decision from the U.S. Forest Service. A previous record of decision was revoked after a federal judge ruled the environmental analysis was insufficient.

Shanahan expects a new record of decision by the end of next year and said Revett's Troy Mine serves as proof that mining can be done responsibly in a pristine area while sustaining wildlife.

"That's what really give us heart, to know that it can be done correctly because every day we are doing it correctly," he said.