The Sandy Pond Alliance to Protect Canadian Water launched a legal challenge in March 2010 to declare Schedule 2 in violation of the Fisheries Act. Schedule 2 contradicts the main purpose of the Fisheries Act, which is the conservation of fish and aquatic ecosystems.
Vale, the Mining Association of Canada and the Mining Association of British Columbia filed applications to intervene in the case. In February 2011, the Federal Court granted them limited intervener status imposing strict conditions on all three applicants. Vale and the mining associations have expressed intentions to appeal the decision. Vale is also pushing to have the case heard in Ontario.