North of 60 Mining News - The mining newspaper for Alaska and Canada's North

Following the Environmental Protection Agency's revised "proposed determination" for the Pebble mine, Alaska policymakers came out in both scathing and measured statements regarding the possible precedent such preemptive veto might bring to future resource development in the state and country.

"Mining provides some of the best paying jobs in the state," said Alaska Governor Mike Dunleavy. "Jobs that have never been needed more for Alaskan families to survive record price hikes in food and gas prices under Biden Administration policies. EPA's action could very well become the template for stopping future mines in Alaska and across the country. Alaska will not be bullied by Washington D.C. bureaucrats."

Concern arises from the EPA potentially overstepping its authority regarding the Clean Water Act section 404(c), which is under the Army Corps of Engineers' jurisdiction.

Due to the waves such a move has made, Alaskan senators Lisa Murkowski and Dan Sullivan released their own statements.

"I oppose the Pebble mine and supported the Trump administration's decision to reject its permit application in 2020," said Murkowski. "Today's action by EPA is one way to further prevent the Pebble mine from moving forward. However, there is no guarantee that a future administration will not revoke it, and most Alaskans, myself included, have never supported a blanket, preemptive approach for any project. My concern has always been that this could be used as precedent to target resource development projects across our state."

"For reasons I have previously stated, I opposed the Pebble mine after the Trump administration's thorough, fair, and objective process which denied Pebble's permit application," said Sullivan. "While an extensive record and the law has dictated that Pebble Mine should not move forward based on the previous permit application, I have consistently opposed the EPA's pursuit of preemptive veto authority over resource development projects on state lands in Alaska."

This decision by EPA resumes a process initiated under the Obama administration that led to an initial proposed determination in 2014. The Trump administration withdrew that determination and allowed Pebble to go through environmental permitting, but was ultimately rejected its application by USACE for a Clean Water Act permit in 2020.

At the time, the Army Corps found that "the project could have substantial environmental impacts within the unique Bristol Bay watershed and lacks adequate compensatory mitigation."

In 2021, a federal court vacated the Trump administration's decision to withdraw the 2014 determination, enabling EPA to renew its effort to prevent a mine from being developed at Pebble.

In the announcement by Gov. Dunleavy, further statements were given by Alaska Department of Environmental Conservation Commissioner Jason Brune and Department of Natural Resources Commissioner Corri Feige.

"As we host the Alaska Sustainable Energy Conference this week, it's important to remember that sustainable energy, from wind turbines to photovoltaics to transmission lines require copper mining," Brune penned in the May 25 statement. "That mining should be done right here in Alaska where we emphasize coexistence with our environment better than anyone. Today's announcement only furthers to drive that development to the third world."

"The EPA is asserting that they can just sweep in and effectively veto any project they don't like for political reasons," said Feige. "It places State's rights on a very slippery slope. Pebble may be that target today, but what comes next?"

Gov. Mike Dunleavy

A primary issue the governor's office reported is that Congress made a promise to Alaska that it would receive both ownership of minerals in the subsurface of state land, and "[t]he right to prospect for, mine, and remove the same," Section 6(i) – a promise made to Alaska by the Federal government in the Statehood Act.

"I encourage all Alaskans to support a full permitting process, responsible resource development, and good jobs for our state by commenting against this proposed determination," finished Dunleavy.

The proposed determination is now available to read on their website at https://www.epa.gov/bristolbay – with comments from the public to be accepted through July 5.

You can read the original announcement in the online edition of North of 60 Mining News, at EPA takes another shot at stopping Pebble.