Wary of court, county may delay vote on Reno’s cat litter mine

Tuesday, Jan. 22, 2002 | 10:01 a.m.

RENO, Nev. AP) - Faced with local opposition and threats of lawsuits, county commissioners were considering Tuesday postponing a decision on a proposed cat litter mine near Reno to review its potential effect on the environment.

Officials for the Chicago-based Oil-Dri Corp. said they would welcome a delay in the final verdict on their mining project if it meant the Washoe County Commission would base its decision on scientific data rather than emotional criticism from the mine's future neighbors.

But executives for the largest cat litter manufacturer in the world also repeated their willingness to go to court to prove their claim that under the 1872 Mining Law the county has no authority to block their rights to mine the clay on federal land.

"We've got $3.5 million invested in this already. I can't just walk away because a group of people were caught up in emotion," Oil-Dri Vice President Bob Vetere told The Associated Press on Tuesday.

Oil-Dri urged the full county commission to overturn the county planning commission's refusal last month to grant the necessary special use permit for the cat litter processing plant proposed about 10 miles north of downtown Reno near the Reno-Sparks Indian Colony.

Oil-Dri officials say their project on about 300 acres of Bureau of Land Management land in Hungry Valley would produce about 100 jobs and generate $12 million annually for the local economy.

Critics say it would increase truck traffic in neighborhoods and increase noise and air pollution. Tribal leaders also have pledged to sue to block the project.

The commission originally intended to rule on the appeal after a public hearing that was expected to stretch late into Tuesday night or early Wednesday. But Commissioner Joanne Bond said she would ask the commission Tuesday night to continue the appeal for at least 30 days to address her concerns about air quality permits, mining permits, reclamation plans and water supplies.

"My feeling is this is a very contentious issue and we don't seem to have all the ducks in a row," she told the Reno Gazette-Journal.

Vetere said Tuesday that Oil-Dri doesn't know what to expect from the five-member commission when it votes.

"I've got to tell you, it is totally up in the air. If you ask me to make a bet right now, I don't know which way it would go. I think it is that close," Vetere said.

"I think that if there is a 30-day extension and they re-evaluate the staff report, I think the facts may prevail and we may be in shape to win. But there's a lot of pressure on the commissioners," he said.

The Washoe County Planning Commission voted 5-2 last month to deny the special use permit after a hearing featuring eight hours of public testimony that stretched until 2:30 a.m.

More than 250 local activists and residents of the Indian Colony packed that hearing, many carrying signs that read, "No Oil Dri" and "No Residential Mining."

Oil-Dri has repeatedly told the commission Washoe County has no authority to halt the mining because of Oil-Dri's valid claim to the clay under the 1872 Mining Law.

"These are public lands with valid mining claims. They will be mined," said Earl Hill, a Reno-based lawyer for Oil-Dri specializing in mining and public lands.

He said the federal law also protects "ancillary facilities."

But a lawyer for the Reno-Sparks Indian Colony, which opposes the mine, said the county clearly has the power to block the manufacturing plant proposed on private land.

"The 1872 Mining Act is totally irrelevant to a processing plant on private land," attorney Pat Smith said.

"By choosing to locate its processing facility on private land and sending hauling routes through residential neighborhoods, (Oil (Dri)- has triggered and consented to the rightful zoning jurisdiction of Washoe County," he said.

---

On the Net:

Oil-Dri: http://www.oildri.com/

Reno-Sparks Indian Colony: http://www.rsic.org/

Washoe County: http://www.co.washoe.nv.us/