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Commissioners to reiterate legal stance after Lake Kukanusa selenium triennial review
Summary
Commissioner Mr. Durham said Lincoln County has no new scientific evidence to refute the Lake Kukanusa triennial selenium review and will circulate a letter reaffirming the county’s prior court arguments; commissioners noted there is currently no enforcement mechanism in place.
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The Lincoln County Board of Commissioners agreed to send a letter reaffirming the county’s previous legal stance on the Lake Kukanusa triennial selenium review after a briefing from Mr. Durham. Durham said the county has reviewed the recent triennial report and found no new scientific evidence that would alter the county’s prior position.
"At this point in time we have nothing to refute their claims and evidence," Mr. Durham said, explaining he had drafted multiple versions of a response and would circulate wording for commissioner review. Commissioners asked whether any enforcement mechanism would follow the review; staff responded that none is in place, a point several commissioners said made the immediate impact limited.
The board did not take formal regulatory action at the meeting; Durham said the plan was to let the triennial hearing proceed and then issue the letter restating the county’s court-based argument and offering to participate in future revisions if changes are proposed. The county noted cross-border standards differ and that local enforcement tools are limited, leaving potential policy or diplomatic questions for later consideration.

