VANCOUVER - The proponent of a once-rejected gold mine in the British Columbia Interior has filed an application for judicial review of a second critical environmental assessment that found the project would cause significant adverse environmental effects.

Taseko Mines Ltd. is asking the Federal Court to quash the federal panel findings and declare that panel members failed to observe procedural fairness at the hearings held earlier this year.

The panel "based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard to the material before it...," said the application filed in Vancouver on Monday.

Taseko said the panel based its conclusions on faulty information — failing to account for a design feature intended to prevent seepage of contaminant material from a tailings storage facility.

"Taseko had no choice but to file this application in order to comply with a 30-day time limit," Taseko president Russell Hallbauer said in a news release.

"But we remain of the view that the federal government should allow the project to proceed to the next stage of detailed permit-level examination and if so the judicial review would not need to proceed."

The latest application was the second attempt by the company to have the project approved.

Taseko originally proposed draining a lake of significance to area First Nations, and using it as a tailings pond. In the revised proposal, the company said Fish Lake would be saved and a tailings pond built elsewhere.

Following the second public hearing process, the report last month by the Canadian Environment Assessment Agency panel said it did not believe Taseko's design for the project could avoid contaminating the lake.

The assessment found the project would have "significant adverse environmental effects" on water quality, fish and fish habitat in the lake, on grizzly habitat and on First Nations traditional activities.

Chief Russell Myers Ross of the Yunesit'in First Nation, a member of the Tsilhqot'in government that has vehemently opposed the project, said the application comes as no surprise.

"The company really had few options left once the panel report came out," he said.

He said the design feature the company has singled out — a liner that would be installed at the tailings storage facility — does not change the findings of the panel on most of the issues, including traditional aboriginal activities.

Myers Ross said the Tsilhqot'in are reviewing the application, and will likely apply to the court to take part in any review.

The final decision on allowing the mine to proceed is in the hands of federal Environment Minister Leona Aglukkaq.

The Canadian Environmental Assessment Agency has said it is reviewing the information provided by Taseko concerning the information used by the panel.

Also on HuffPost:

Loading Slideshow...
  • Oka Crisis

    Canadian soldier Patrick Cloutier and Saskatchewan Native Brad Laroque alias "Freddy Kruger" come face to face in a tense standoff at the Kahnesatake reserve in Oka, Quebec, Saturday September 1, 1990. Twenty plus years after an armed standoff at Oka laid Canada's often difficult relationship with its native peoples bare in international headlines, the bitterly contested land remains in legal limbo. (THE CANADIAN PRESS/Shaney Komulainen)

  • Oka Crisis

    A warrior raises his weapon as he stands on an overturned police vehicle blocking a highway at the Kahnesetake reserve near Oka, Quebec July 11, 1990 after a police assault to remove Mohawk barriers failed. Twenty plus years after an armed standoff at Oka laid Canada's often difficult relationship with its native peoples bare in international headlines, the bitterly contested land remains in legal limbo. (THE CANADIAN PRESS/Tom Hanson)

  • Oka Crisis

    A Quebec Metis places a stick with an eagle feather tied to it into the barrel of a machine gun mounted on an army armored vehicle at Oka Thursday, Aug. 23, 1990. The vehicle was one of two positioned a few metres away from the barricade causing a breakdown in negotiations. Twenty plus years after an armed standoff at Oka laid Canada's often difficult relationship with its native peoples bare in international headlines, the bitterly contested land remains in legal limbo. (THE CANADIAN PRESS/Bill Grimshaw)

  • Oka Crisis

    A Mohawk Indian winds up to punch a soldier during a fight that took place on the Khanawake reserve on Montreal's south shore in 1990. The army broke up the fight by shooting into the air. Twenty plus years after an armed standoff at Oka laid Canada's often difficult relationship with its native peoples bare in international headlines, the bitterly contested land remains in legal limbo. (CP PHOTO)

  • Ipperwash

    Two aboriginal protesters man a barricade near the entrance to Ipperwash Provincial Park, near Ipperwash Beach, Ont., on Sept. 7, 1995. (CP PHOTO)

  • Ipperwash

    Ken Wolf, 9, walks away from a graffiti-covered smoldering car near the entrance to the Ipperwash Provincial Park in this September 7, 1995 photo. A group of aboriginal protesters were occupying the park and nearby military base. (CP PHOTO)

  • Caledonia Protests

    Caledonian activist Gary McHale (right) is confronted by a Six Nations Protester as he attempts to lead members of Canadian Advocates for Charter Equality (CANACE) in carrying a makeshift monument to Six Nations land in Caledonia, Ont., on Sunday February 27, 2011. CANACE claim inequality in treatment for Caledonian residents from Ontario Provincial Police compared to that of the Six Nation population. They planned to plant a monument of six nation property to demand an apology from the OPP, but were turned back by protesters. THE CANADIAN PRESS/Chris Young

  • Caledonia Protests

    First Nations people of the Grand River Territory stand with protest signs as they force the redirection of the Vancover 2010 Olympic Torch Relay from entering The Six Nations land Monday, December 21, 2009 near Caledonia, Ontario. The Olympic torch's journey across Canada was forced to take a detour in the face of aboriginal opposition to the Games, with an Ontario First Nation rerouting its relay amid a protest from a splinter group in the community. (THE CANADIAN PRESS/Dave Chidley)

  • Caledonia Protests

    Six Nations protesters guard the front entrance of a housing development in Hagersville, Ont., just south of the 15-month aboriginal occupation at Caledonia on Wednesday, May 23, 2007. The protest was peaceful. (CP PHOTO/Nathan Denette)

  • Caledonia Protests

    Mohawk protestors block a road near the railway tracks near Marysville, Ont. with a bus and a bonfire Friday April 21, 2006. The natives showed their support to fellow natives in Caledonia, Ont. where they were in a stand off with police regarding land claims.(CP PHOTO/Jonathan Hayward)