Judicial review begins over Summerland gravel pit mine in Penticton court

A judicial review started in Penticton over the provincially approved Summerland gravel pit mine, with petitioners citing environmental and procedural concerns; hearings are continuing this week.

Petitioners challenging a provincially approved gravel mine in Summerland had the first day of a judicial review in Penticton court on Tuesday. The Garnet Valley Tourism Association and other local groups are seeking a review of the July 2024 decision that granted permits for a mine at 27410 Garnet Valley. Opponents include nearby First Nations, municipal bodies and community organisations that raised environmental, procedural and local planning concerns. Key points: - The permit for the gravel mine was approved by the B.C. government in July 2024 and is issued for a 30-year term running to 2054. - Petitioners, including the Garnet Valley Tourism Association, the Penticton Indian Band and the District of Summerland, point to documents from an environmental review that reportedly recommended against authorization because of risks to habitat and species. - Lawyers for the petitioners argued the decision-maker relied on post-decision explanations and that the approval process was procedurally unfair, citing limited public access to application materials. - Court proceedings continued with defence arguments scheduled to follow, including representatives for the Ministry of Mines and the mining company. Summary: Petitioners are asking the court to set aside the provincial authorization and to award costs, arguing there were gaps in the record and procedural shortcomings. The permit remains in place and the next scheduled court hearings will hear the defence; the final outcome is undetermined at this time.