Nearly two million tones of mine tailings are generated each day in Canada. The tailings contain arsenic, mercury, and selenium among other toxins. Until 2006 mining facilities were exempt from reporting pollutant releases and transfers from extraction or primary crushing.

The exemption was removed but Ecojustice and the groups allege the minister broke the law when he or ministry employees directed mining companies to not report pollution sent to tailings ponds and waste rock piles to the National Pollutant Release Inventory (NPRI).

"We are arguing the minister has ignored his legal duties under the Canadian Environmental Protection Act to provide the public with the full extent of pollutants released by mining companies in Canada," said Justin Duncan, staff lawyer with Ecojustice.