"During this entire process, all the way up to 2002, the whole issue of using water bodies for tailings was never, ever discussed."
Not true, says Doiron, who was part of the consultations.
"I was asked a specific question whether there could be additions ... My answer was very specifically, yes, there could be."
Doiron says there are nine water bodies approved for dumping and about a dozen more under consideration.
The list includes four B.C. projects, three in Newfoundland, three in Nunavut, one in Manitoba and one in the Northwest Territories.
David Anderson, Liberal environment minister at the time the regulations were revised, agrees with Peeling that sometimes the risks from man-made tailings ponds outweigh potential damage from using a freshwater lake or stream.
Anderson, now director of Guelph University's Institute for the Environment, warns it shouldn't become general practice, however.
But Coumans says that's exactly what's happening and she hopes the U.S. court hears that message during Monday's hearing.
"If you're going to open the door, you'd better be prepared to start sacrificing lakes and rivers right, left and centre."