The Xatśūll First Nation is hoping to overturn a recent B.C. Supreme Court decision rejecting its bid to stop the level of a tailings dam from being increased at the Mount Polley mine site, which suffered a catastrophic dam collapse that spilled billions of litres of waste and water in 2014.

The First Nation claims the province's approval of the plan to raise the level of the dam in B.C.'s Interior by four metres was improper and done without "meaningful" consultation with the nation.

But its case was dismissed Aug. 6, with Justice Michael Tammen ruling the provincial government's consultation with the Xatśūll was proper.

That decision, the nation says, sets a dangerous precedent for environmental regulation and Indigenous rights.

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