If the Yukon government approves the Wind River winter road, there could be a legal challenge, says Karen Baltgailis of the Yukon Conservation Society.

In a joint submission to the Yukon government, the conservation society and the Canadian Parks and Wilderness Society maintain recommendations by the assessment board to permit the road and a new airstrip were flawed.

If the government issues the permit to Cash Minerals for the 178-kilometre road and airstrip, there could be a legal and professional challenge, suggests the letter filed last week with the Department of Energy, Mines and Resources.

The Mayo office of the Yukon Environmental and Socio-economic Assessment Board decided in late December that Cash Minerals could proceed provided it adheres to 46 conditions recommended by the assessment office.

Recommendations were forwarded to the territorial government for a final decision, because the application involves the use of Yukon land. The government's branch is scheduled to release its decision Tuesday.

'Because of these errors, any decision to allow the project to proceed based on the YESAB Designated Office Evaluation Report is subject to legal and professional challenges,' reads the submission by the conservation groups. 'Therefore we ask that the decision body reject this project.'

Baltgailis said in an interview this morning she will wait until she sees the government's decision before commenting any further on the possibility of a legal challenge.

Cash Minerals wants to build the winter road to transport fuel and supplies to three cache sites along the Wind River in the Wernecke Mountains where it is exploring for uranium and other minerals.

Having the ability to transport goods over the winter road will save the company a significant amount of money by eliminating the number of helicopter flights required to move the material.

The application drew well over 200 submissions from individuals, environmental organizations and private companies in opposition and in support of the proposal, though the large majority were opposed to the winter road.

Many argued the area, which is known worldwide for its pristine beauty, is far too important to threaten simply for the convenience of a mineral exploration company.

Permitting the road and the airstrip, it was said, would have irreversible implications by inviting even more exploration and industrial activity in the area.

Those in support, however, argued the road has been used on and off since it was first employed to haul freight and equipment along in 1959. It is recognized as a road by federal legislation, and in the Yukon land claims settlements, it was pointed out.

The mineral exploration company, it was said, has the right to reasonable access to its mineral claims.

The submission by the conservation and wilderness societies cite nine specific areas where they believe the Mayo office made errors in its assessment.

Baltgailis said today the conservation society believes there is a problem with the YESAB regime that runs much deeper than the winter road application.

Staff with the assessment board, she said, are not working from an objective and neutral position when they receive applications. Rather, they are saddled with a belief it is their job to approve applications, but with conditions, she said.

Baltgailis said she is not sure where that belief comes from, though the conservation society will be raising that concern when the five-year review of the YESAB process gets underway this year.

'What I am suggesting is I do not believe that the people who work for YESAB feel that saying no' is an option,' she said. 'That is how the legislation is being interpreted and how it's being implemented.'

And the bigger the project, the more likely it will be approved, she said.

Baltgailis said the proposed Carmacks copper proposal is a perfect example. In its report recommending the project be allowed to proceed providing the Western Copper Corp. comply with 142 conditions, YESAB's executive committee expresses some doubt about the adequacy of the reclamation proposals.

Even with doubt around what could have very serious consequences for the environment and Yukoners, the assessment board is recommending approval, she pointed out.

'With what the company is proposing, I just can't see how these impacts can be avoided.'

Ross Leef, the acting chair of the assessment board, was unavailable this morning to respond to Baltgailis' suggestion that the process lacks objectivity.