What changed in this filing

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Item 3. Legal Proceedings

2023-04-17 compared with 2022-04-15 · 44 added, 37 removed, 83 unchanged (49% of the section changed)

LEGAL PROCEEDINGS

Other than described below, management is not

aware of any material legal proceedings that are pending or that have been threatened against us or our subsidiaries or any of our respective

properties, and none of our directors, officers, affiliates or record or beneficial owners of more than 5% of our common shares, or any

associate of any such director, officer, affiliate or shareholder, is (i) a party adverse to us or any of our subsidiaries in any legal

proceeding or (ii) has an adverse interest to us or any of our subsidiaries in any legal proceeding.

Other than described below, management is not aware of any material

legal proceedings that are pending or that have been threatened against us or our subsidiaries or any of our respective properties, and

none of our directors, officers, affiliates or record or beneficial owners of more than 5% of our common shares, or any associate of any

such director, officer, affiliate or shareholder, is (i) a party adverse to us or any of our subsidiaries in any legal proceeding or (ii)

has an adverse interest to us or any of our subsidiaries in any legal proceeding.

The Company is subject to periodic inspection

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course of business, minor violations may occur;

however, these are not expected to result in material expenditures or have any other

material adverse effect on the Company.

however, these are not expected to result in material expenditures or have any other material

adverse effect on the Company.

A prior owner of the Van 4 Mine had been granted

a first Temporary Cessation from reclamation of the mine by the Colorado Mined Land Reclamation Board (“MLRB”) which was

set to expire June 23, 2017.

a first Temporary Cessation from reclamation of the mine by the Colorado Mined Land Reclamation Board (“MLRB”) which was set

to expire June 23, 2017.

Prior to its expiration, PRM formally requested an extension through a second Temporary Cessation.

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who pursue environmental and conservation objectives filed a brief objecting to the extension.

The MLRB board members voted to grant

a second five-year Temporary Cessation for the Van 4 Mine.

The MLRB board members voted to grant a

second five-year Temporary Cessation for the Van 4 Mine.

Thereafter, the three objecting parties filed a lawsuit on September 18, 2017.

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On January 22, 2020,

2020, the MLRB held a hearing and on March 2, 2020, the MLRB issued an order vacating the Van 4 Temporary Cessation, revoking the permit

and ordered commencement of final reclamation, which must be completed within five (5) years.

The Company commenced reclamation of the

Van 4 Mine but progress has been delayed both by COVID-19 restrictions and countywide fire and open flame restrictions.

The reclamation

cost is fully covered by the reclamation bonds posted upon acquisition of the property.

the MLRB held a hearing and on March 2, 2020, the MLRB issued an order vacating the Van 4 Temporary Cessation, revoking the permit and

ordered commencement of final reclamation, which must be completed within five (5) years.

The Company commenced reclamation of the Van

4 Mine but progress has been delayed both by COVID-19 restrictions and countywide fire and open flame restrictions.

The reclamation cost

is fully covered by the reclamation bonds posted upon acquisition of the property.

On February 4, 2020, the Colorado DRMS

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the MLRB seeking a partial appeal of the July 22, 2020 decision by requesting termination of the Topaz Mine permit.

On December 15, 2020, the same coalition of environmental groups amended

their complaint against the MLRB seeking a partial appeal of the October 21, 2020 decision requesting termination of the Topaz Mine permit.

On December 15, 2020, the same coalition

of environmental groups amended their complaint against the MLRB seeking a partial appeal of the October 21, 2020 decision requesting

termination of the Topaz Mine permit.

The Company has joined with the MLRB in defense of their July 22, 2020 and October 21, 2020 decisions.

On May 5, 2021, the Plaintiff in

the Topaz Appeal filed an opening brief with the Denver District Court seeking to overturn the July 22, 2020 and October 21, 2020 MLRB

permit hearing decisions on the Topaz Mine permit.

The MLRB and the Company were to respond with an answer brief within 35 days on or

before June 9, 2021, but instead sought a settlement.

The judicial review process was delayed as extensions were put in place until August

On May 5, 2021, the Plaintiff in the Topaz Appeal filed an opening brief with the Denver District Court seeking to overturn the July 22,

2020 and October 21, 2020 MLRB permit hearing decisions on the Topaz Mine permit.

The MLRB and the Company were to respond with an answer

brief within 35 days on or before June 9, 2021, but instead sought a settlement.

The judicial review process was delayed as extensions

were put in place until August 20, 2021.

A settlement was not reached and the MLRB and the Company submitted answer briefs on August 20,

The Plaintiff submitted

a reply brief on September 10, 2021.

On March 1, 2022, the Denver District Court reversed the MLRB’s orders regarding the Topaz

Mine and remanded the case back to MLRB for further proceedings consistent with its order.

The Company and the MRLB have until April 19,

2022 to appeal the Denver District Court’s ruling.

The Company is also working toward the completion of an updated Topaz mine Plan

of Operations which is a separate federal requirement of the BLM for the conduct of mining activities on federal land.

The Plaintiff submitted a reply brief on September 10, 2021.

On March 1, 2022, the Denver District Court reversed the MLRB’s

orders regarding the Topaz Mine and remanded the case back to MLRB for further proceedings consistent with its order.

The Company and

the MRLB had until April 19, 2022 to appeal the Denver District Court’s ruling.

Neither the Company nor the MLRB appealed the Denver

District Court ruling.

Subsequently on March 20, 2023, the MLRB issued a board order for the Company to commence final reclamation, which

upon completion will terminate mining operations at the Topaz Mine.

Reclamation is to commence immediately at the Topaz Mine and is to

be completed within five years by March 2028.

The Company is currently working toward the completion of an updated Topaz Mine Plan of

Operations which is a separate federal requirement of the BLM for the conduct of mining activities on the federal land at the Topaz Mine

and needed to re-permit the Topaz Mine with Colorado’s DRMS .

MINE SAFETY DISCLOSURES

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cornerstone of safety at Western, ensuring that employees are provided a safe and healthy environment and are intended to reduce workplace

accidents, incidents and losses, comply with all mining-related regulations and provide support for both regulators and the industry

to improve mine safety.

accidents, incidents and losses, comply with all mining-related regulations and provide support for both regulators and the industry to

improve mine safety.

The operation of our U.S.

based mine is subject

to regulation by the Federal Mine Safety and Health Administration (“MSHA”) under the Federal Mine Safety and Health Act

of 1977 (the “Mine Act”).

to regulation by the Federal Mine Safety and Health Administration (“MSHA”) under the Federal Mine Safety and Health Act of

1977 (the “Mine Act”).

MSHA inspects our mine on a regular basis and issues various citations and orders when it believes

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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.

What changed 10-K

Item 3. Legal Proceedings