A judge has ruled a controversial mine outside Rossland, B.C., does not require an environmental assessment—a decision opponents say could have serious implications across the province.

Located about seven kilometres outside of town, the Record Ridge deposit is estimated to contain over 10.8 million tonnes of recoverable magnesium, making it one of the largest undeveloped high-grade magnesium deposits in the world.

The proponent, West High Yield Resources Ltd. (CSE:WHY), holds mineral claims over 8,972 hectares at the site.

In August 2025, the chief executive assessment officer of B.C.’s Environmental Assessment Office (EAO) decided not to designate the proposed mine a “reviewable project.” That meant that it would not require a provincial environmental assessment certificate to proceed.

In October, the B.C. government issued the company a mine permit to build out the project until 2028. That’s when the company said it would advance the mine from a “pilot project” and ramp up production.

WHY has already signed an offload agreement with Galaxy Magnesium, a company that claims to unite 12 of the most productive magnesium companies in China.

In an interview earlier this year, Frank Marasco Jr., president and CEO of WHY Resources, touted the importance magnesium for industry, including Canada’s green energy transition. He also acknowledged that all of the magnesium ore would be processed outside of Canada and likely return as a refined metal to the U.S.

As the mine nears operation, local opposition has been fierce. A large group of residents and business leaders have banded together through the non-profit Save Record Ridge Action Society (SRRAC). That includes heads of the local tourism board, RED Mountain Resort and 112 physicians from around the Kootenay-Boundary region.

The collision between mining interests and Rossland’s tourism industry comes as the B.C. and Canadian governments seek to fast-track new mines across their respective jurisdictions. Premier David Eby and Prime Minister Mark Carney have both hailed the mining industry as a key industry to bolster the economy in uncertain times. 

Opponents to the Rossland mine say their situation complicates that narrative.

SRRAC claims the mine risks causing significant and irreversible damage to Rossland’s thriving tourism economy while negatively affecting property values and millions of dollars of investment.

They also warn that the project poses significant risks to human health due to potential exposure to dangerous asbestos, silica and dust particles, while threatening water supplies and local ecosystems, including endangered species.

Four of five First Nations in the area have opposed the project, while the Osoyoos Indian Band has entered into a cooperation agreement with the mine’s proponent.

In submissions to the court, SRRAC raised concerns the proposed Record Ridge magnesium mine will bypass necessary environmental and health reviews by understating its true production scale.

The non-profit’s lawyer, Benjamin Isitt, argued that WHY Resources had a previous plan to remove up to 200,000 tonnes of ore per year from the site.

The company later reduced that projected annual amount to 63,500 tonnes per year—15 per cent below the 75,000-tonne threshold that often triggers an environmental assessment.

Despite the lowered projected yield of ore, SRRAC said in court that official documents show the mine’s footprint remains effectively unchanged.

In an interview, Isitt said WHY Resources is “quite transparently” building a mine with a footprint that should require an environmental assessment.

“We describe it as a ‘sleight of hand,’” said Isitt. “We say the Environmental Assessment Office and the courts cannot let them off the hook.”

In his decision Monday, Justice Gordon C. Weatherill acknowledged that should the mine increase its annual production to 200,000 tonnes of ore, it would not require an environmental assessment. That’s because mine modifications only trigger an automatic review if the physical footprint expands by more than 50 per cent, he said.

At the same time, the judge found that calculating theoretical maximums would force regulators into speculative territory, and the EAO must assess the production capacity as formally submitted by the proponent.

Weatherill found the province’s analysis of the legislative loophole was “coherent and rational.” He rejected the argument that the decision from the chief executive assessment officer was unreasonable and dismissed SRRAC’s petition.

In a statement Thursday, WHY Resources said it will now shift is focus to complete remaining permits while “strengthening community and Indigenous partnerships, and advancing commercialization and construction preparations.” The company said it expects to soon finalize draft permits from the ministries of forestry, environment, air and water, and transport.

“This decision provides critical regulatory certainty and validates the EAO’s thorough review process,” the statement read.

Isitt said the judgment contains a “a number of errors” on issues that have raised concerns from lawyers and community groups across the province.

The biggest worry, he said, is whether major project proponents will now be allowed to take advantage of a “legislative loophole” and evade the environmental assessment process by “simply tinkering with their numbers.”

“That result cannot be allowed to stand,” he said. “It would provide a blank cheque to proponents.”

SRRAC is planning to appeal the case as early as next week.