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SECURITIES AND EXCHANGE COMMISSION
Washington D.C. 20549
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FORM 8-K
PURSUANT TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report March 8, 1995
(Date of earliest event reported):
Hecla Mining Company
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(Exact name of registrant as specified in its charter)
Delaware
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(State or other jurisdiction of incorporation)
1-8491 82-0126240
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(Commission File Number) (IRS Employer Identification No.)
6500 Mineral Drive
Coeur d'Alene, Idaho 83814-8788
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(Address of principal executive offices) (Zip Code)
(208) 769-4100
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(Registrant's Telephone Number)
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Item 5. Other Events
On March 8, 1995, a court order was issued which is
attached hereto as Exhibit A and incorporated herein by this reference,
entitled Order Dissolving Preliminary Injunction in the United States District
Court for the District of Idaho, Civil Case No. 94-0159-S-DAE, dated March 8,
1995.
Item 7. Financial Statements, Proforma Financial Information and
Exhibits
Exhibit A - Order Dissolving Preliminary Injunction
SIGNATURE
Pursuant to the requirements of Section 12 of the Securities Exchange
Act of 1934, the Registrant has duly caused this report to be signed on its
behalf by the undersigned, thereunto duly authorized.
HECLA MINING COMPANY
By /s/ Michael B. White
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Name: Michael B. White
Title: Vice President - General
Counsel and Secretary
Dated: March 27, 1995
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EXHIBIT INDEX
Exhibit A - Order Dissolving Preliminary Injunction
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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
PACIFIC RIVERS COUNCIL, and THE )
WILDERNESS SOCIETY, )
)
Plaintiffs, ) CIVIL NO. 94-0159-S-DAE
)
v. )
)
JACK WARD THOMAS, in his official )
capacity as Chief of the United )
States Forest Service; and )
UNITED STATES FOREST SERVICE, )
)
Defendants )
)
and )
)
INTERMOUNTAIN FOREST INDUSTRY )
ASSOCIATION; SHEARER LUMBER )
PRODUCTS; BOISE CASCADE COMPANY, )
ASSOCIATED LOGGING CONTRACTORS, )
HECLA MINING COMPANY; MERIDIAN )
GOLD COMPANY; AND THOMPSON CREEK )
MINING COMPANY, )
)
Defendant-Intervenors. )
______________________________________)
ORDER DISSOLVING INJUNCTION
On January 12, 1995, this court issued its Order Granting Injunctive
Relief in this matter. Based upon unambiguous Ninth Circuit precedent, this
court found that the failure of the National Forest Service to timely complete
formal consultation with the National Marine Fisheries Service compelled the
order enjoining all ongoing as well as proposed construction, timber, grazing
and mining activities in the Boise, Challis, Nez Perce, Payette, Salmon and
Sawtooth National Forests in the State of Idaho. Pacific Rivers Council v.
Thomas, 30 F.3d 1050 (9th Cir. 1994), see also
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Opinion of Judge Malcom F. Marsh entered October 20, 1994 (granting a similar
injunction concerning national forests in Oregon) (attached to Plaintiffs'
Notice of Supplemental Authority), filed October 26, 1994). This court
tailored the injunction to remain in effect only "until formal consultation on
the LRMPs [Land and Resource Management Plans] is completed." January 12, 1995
Order at 15. Because of the economic impact on the affected communities in
Idaho, this court stayed the effect of the injunction until March 15, 1995 to
allow the National Forest Service an opportunity to seek review of this
court's order and to allow the National Marine Fisheries Service and the
National Forest Service an opportunity to expedite their consultation.
On March 1, 1995, the National Marine Fisheries Service issued
its formal Biological Opinion, marking the completion of the formal
consultation process. 50 C.F.R. Section 420.14 ("[f]ormal consultation is
terminated with the issuance of the biological opinion"). The court notes the
salutary effect the January 12, 1995 injunction had upon the consultation
process.
The Biological Opinion finds that certain activities permitted
under the current Land and Resource Management Plans for the National Forests
are likely to jeopardize the endangered species and adversely modify their
critical habitat. Under the Endangered Species Act (the "Act") and applicable
regulations, the National Forest Service must now "determine whether and in
what manner to proceed with the action in light of its section 7 obligations
and the Service's biological opinion." 50 C.F.R. Section 402.15(a); 16
2
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U.S.C. 1531 et seq.
While the National Forest Service therefore faces continuing and
serious obligations under the Endangered Species Act, it was the failure to
initiate and then to expeditiously complete formal consultation that compelled
the enjoining of all activities in the National Forests in question. Because
consultation is now complete, in the interests of justice the injunction should
now be dissolved. Pending further order of this court, the National Forest
Service may proceed with activities not in conflict with its obligations under
the Act.
For the foregoing reasons, the court hereby DISSOLVES the injunction
issued January 12, 1995.
IT IS SO ORDERED.
DATED this 8 day of March, 1995.
/s/ David Alan Ezra
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DAVID ALAN EZRA
UNITED STATES DISTRICT JUDGE
Pacific Rivers Council, et al. vs. Jack Ward Thomas, et al.,
Civil No. 94-0159-S-DAE; ORDER DISSOLVING INJUNCTION
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