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pebble mine
Outrage as Alaska Attorney General Asks Supreme Court to Reverse EPA's Pebble Mine Veto
One coalition described the Republican attorney general's lawsuit as "little more than a publicity stunt filed on behalf of an unscrupulous mining company."
Jul 27, 2023
The state of Alaska on Wednesday bypassed the lower courts and directly asked the U.S. Supreme Court to undo the Environmental Protection Agency's decision earlier this year to prohibit the construction of Pebble Mine, a proposed copper and gold project that conservationists say would be disastrous for Bristol Bay waters, wildlife, and communities.
Alaska Attorney General Treg Taylor's 91-page filing, which argues that the EPA's rare use of its veto authority under the Clean Water Act was unlawful, drew immediate outrage from environmentalists, who accused the state of prioritizing the interests of profit-seeking mine developers.
"As the climate catastrophe wreaks havoc around the world, it's disheartening to see the governor turn his back on the irreplaceable ecosystem of Alaska's Bristol Bay," said Marc Fink, a senior attorney at the Center for Biological Diversity. "A remarkable array of wildlife depends on this watershed, from salmon and grizzly bears to the rare Iliamna Lake seals. Mining has no place here."
The Bristol Bay Defense Fund—a coalition of tribes, commercial and sport fishers, and conservation groups—argued that Alaska's lawsuit is "legally and factually unjustified" and "little more than a publicity stunt filed on behalf of an unscrupulous mining company, Pebble Limited Partnership, that has repeatedly misrepresented its record and misled regulators, its investors, Congress, and the general public."
"The EPA's authority to protect Bristol Bay under the Clean Water Act stands on an extensive and robust scientific and technical record that spans two decades and three presidential administrations," the coalition added. "Alaskans and people across the country overwhelmingly support EPA's action to protect Bristol Bay, and do not support the Pebble Mine. We will continue to defend Bristol Bay against the threat of the Pebble Mine and the state's legal antics as long as necessary to ensure that the region, tribes, salmon, and clean water resources are protected forever."
"The governor and his administration are working against the wishes of most Alaskans, especially Bristol Bay residents."
First proposed in 2001 by Vancouver-based Northern Dynasty Minerals, the project would include an open-pit mine at a depth of roughly 1,500 feet as well as a lengthy gas pipeline and other infrastructure.
After years of review, the EPA issued a final determination in late January restricting mining in a 309-square-mile area of state land surrounding the Pebble deposit, effectively killing the proposed mine.
The agency warned that, if completed, the project would have resulted in "large-scale loss of, and damage to, headwater streams, wetlands, and other aquatic resources that support salmon populations."
"Discharges of dredged or fill material to construct and operate the proposed mine site alone would result in the permanent loss of approximately 8.5 miles (13.7 km) of anadromous fish streams, 91 miles (147 km) of additional streams that support anadromous fish streams, and approximately 2,108 acres (8.5 km2) of wetlands and other waters," the EPA said.
In response to the EPA's decision, which environmentalists celebrated as a hard-fought victory, the state of Alaska is petitioning the Supreme Court with the help of Virginia-based private law firm Consovoy McCarthy, which represented the group behind a recently decided affirmative action case.
The firm also represented a pair of individual plaintiffs who sued the Biden administration over its student debt cancellation plan.
Alaska's case could find a receptive audience in the conservative-dominated U.S. Supreme Court, which weakened the Clean Water Act in a May ruling.
Carole Holley, managing attorney at Earthjustice's Alaska regional office, said Alaska's decision to take its case directly to the Supreme Court is "a highly unusual legal move, and also a highly unpopular one."
"The governor and his administration are working against the wishes of most Alaskans, especially Bristol Bay residents, by continuing to side with the mine developer," said Holley.
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'A New Day for Bristol Bay': Biden EPA Blocks Destructive Pebble Mine
"Thousands of Alaskans and over a million Americans from across the political spectrum have called for protection of Bristol Bay's one-of-kind salmon resource from massive open pit mining and today, the EPA delivered."
Jan 31, 2023
Environmental advocates in Alaska and across the United States on Tuesday applauded what one Indigenous campaigner called "historic progress" in the fight to protect Bristol Bay's ecosystems from the developers of Pebble Mine, a proposed open-pit copper and gold mine that would have led to the dumping of waste in the world's largest sockeye salmon run.
The Environmental Protection Agency (EPA) announced on Tuesday its long-awaited "Final Determination" regarding protections for Bristol Bay, following more than a decade of litigation and campaigning by Alaska Natives and advocates.
Under Section 404(c) of the Clean Water Act, the agency said, the EPA will prohibit "certain waters of the United States in the South Fork Koktuli River and North Fork Koktuli River watersheds from being used as disposal sites," and "prohibits future proposals to construct and operate a mine to develop the Pebble deposit."
"Today is a new day for Bristol Bay," said Earthjustice.
\u201cBREAKING: Today is a new day for Bristol Bay. After years of advocacy & litigation, @EPA has issued a Clean Water Act veto to ensure the proposed Pebble Mine won't destroy the Bristol Bay watershed, an Alaskan treasure & home to the world's largest remaining salmon runs.\u201d— Earthjustice (@Earthjustice) 1675175188
The decision is the outcome of a 2019 lawsuit filed by Earthjustice on behalf of tribal organizations and the advocacy group Earthworks, and follows "a fierce, decades-long battle waged by the people of Bristol Bay and so many others," said Earthjustice senior attorney Erin Colón.
"EPA today followed the law and science to establish enduring protections for the Bristol Bay watershed under the Clean Water Act," said Colón in a statement. "This is a major victory worth celebrating, but we cannot rest until even more permanent protections are in place. The Bristol Bay watershed is one of the world's great ecosystems, and the way of life and the abundant future it supports is worth the fight."
Advocates first challenged Pebble Limited Partnership's plan for the mine in 2010, when six tribes in the Bristol Bay area called on the EPA to protect the watershed, which is home to a 37.5 million salmon annually, supports a $2 billion commercial fishing industry, and has provided sustenance for Alaska Natives for generations.
The EPA restricted parts of the watershed from being used by the mining company in 2014, but the developers challenged those protections. In 2017, the agency withdrew them in a settlement with Pebble Limited Partnership.
The U.S. Army Corps of Engineers also denied a key permit for the project in 2020—a decision that is now under appeal by the company.
Dyani Chapman, state director for Alaska Environment Action, said the previous restrictions and Tuesday's determination are in line with what Alaska Natives and environmental advocates have known for decades: "The headwaters of Bristol Bay are, quite simply, a really bad place for a mine."
"The region is home to an incredible range of wildlife and remains healthy because it's been spared a lot of the harsher touches of industrialization," said Chapman. "Over the past 20 years, scientists, the local Indigenous communities, fishermen, and broader public have asked repeatedly for strong and permanent protections for Bristol Bay. This EPA determination is a long-awaited win for sockeye salmon and the entire Bristol Bay region."
Advocacy group SalmonState noted that with two out of three Alaskans opposing the Pebble Mine, the EPA's decision "may be the most popular thing the federal government has ever done for Alaska."
"Thousands of Alaskans and over a million Americans from across the political spectrum have called for protection of Bristol Bay's one-of-kind salmon resource from massive open pit mining and today, the EPA delivered," said executive director Tim Bristol. "This is a victory for every single person—from Bristol Bay's tribal citizens, commercial fisherman, sport anglers, business leaders, chefs, scientists, and so many more—who [has] spoken out over the years, and we thank the EPA and the Biden administration for this well-considered, heavily documented, overwhelmingly popular move."
While celebrating the EPA's determination, advocates said they will continue pushing for congressional protections for the Bristol Bay watershed and acknowledged that the Biden administration's decision could be overturned by a future president. Pebble Limited Partnership also said it will likely appeal the decision.
"Today is a great day for Bristol Bay, and one that many thought would never come," said Bristol Bay Native Corporation CEO Jason Metrokin. "While the immediate threat of Pebble is behind us, BBNC will continue working to protect Bristol Bay's salmon-based culture and economy and to create new economic opportunities across the region."
Verner Wilson, senior oceans campaigner at Friends of the Earth, called the action "a positive step forward" but expressed concern that "it doesn't go far enough."
"Given that Bristol Bay is the largest wild salmon fishery on the planet," said Wilson, "Congress and the state of Alaska must work together to protect it permanently."
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'Huge News': Alaska Native Group Secures Protections for Land Eyed by Pebble Mine Developers
An Alaska Native village corporation drove the effort to conserve 44,000 acres of land in the Bristol Bay region, home to the world’s largest salmon fishery.
Dec 22, 2022
In partnership with a national conservation group, an Alaska Native village corporation owned by people of Dena’ina descent announced Thursday that it's secured protections for 44,000 acres of land and waters that have been targeted by developers of the proposed Pebble Mine—creating the latest roadblock for a project that tribal leaders and conservationists warn would threaten the world's largest wild salmon fishery.
The Conservation Fund, a nonprofit, announced that following an 18-month fundraising campaign, it has purchased three conservation easements for the land near Bristol Bay, surrounding Knutson Creek, Iliamna River, and Pile River. The easements cover part of the land on which developers have sought to build a mining road to transport ore from the proposed copper and gold mine.
"The survival of wild salmon in Bristol Bay and our thriving commercial, recreational, and subsistence fisheries all depend upon intact salmon habitat."
The $20 million fundraising effort was kicked off after 90% of shareholders of the locally-owned Pedro Bay Corporation voted last year to allow the Conservation Fund to help stop the development by purchasing the easements. Half of the funding came from the charitable fund Wyss Foundation, the Alaska Venture Fund, and the Holdfast Collective.
\u201cHUGE news! Over 44,000 acres in #Alaska\u2019s Bristol Bay region, home to the largest wild salmon fishery in the world, are now permanently protected: https://t.co/qWGPmhzzSu.\u201d— The Conservation Fund (@The Conservation Fund) 1671714601
The new protections will also cover parts of the Iliamna Lake watershed, which serves as a spawning and rearing habitat for sockeye salmon. The Bristol Bay fishery contained 79 million fish in 2022, making it the largest fishery run on record. Opponents of Pebble Mine said in a letter to the Environmental Protection Agency (EPA) earlier this year that the fishery supports 15,000 jobs and generates $2.2 billion annually, as well as "sustaining Indigenous communities since time immemorial."
"We are honored to work with the people of Pedro Bay to help them realize their vision of sustainable guardianship, economic stability, and subsistence use," said Larry Selzer, president and CEO of The Conservation Fund, in a statement. "These locally-driven conservation easements build upon more than 300,000 acres of critical salmon and wildlife habitat in Alaska that The Conservation Fund has protected with Alaska Native village corporations, and are a powerful and durable step toward advancing a broader strategy to establish equitable and lasting protections for the Bristol Bay region."
The Pedro Bay Corporation will retain ownership of the 44,000 acres covered by the easements while the Bristol Bay Heritage Land Trust (BBHLT)—the local land trust organized by tribal leaders, another Alaska Native village, and the fishing industry—will hold the conservation easements.
Tim Troll, executive director of the BBHLT, said that restraining landowners and developers from damaging activities like mining "will ultimately determine the future of Bristol Bay salmon."
"The survival of wild salmon in Bristol Bay and our thriving commercial, recreational, and subsistence fisheries all depend upon intact salmon habitat," said Troll. "By virtue of the conservation easements just executed between the Alaska Native shareholders of Pedro Bay Corporation and the Bristol Bay Heritage Land Trust, we have entered into a binding partnership to preserve forever over 44,000 critical acres in the most productive wild salmon nursery in the world."
Troll also expressed hope to The Washington Post that the conservation effort sends "a message that the local people who live here do not want this [mine] and... encourages the EPA to follow through with what they've been trying to do for well over a decade."
The news from The Conservation Fund comes three weeks after the EPA's regional administrator for the area, Casey Sixkiller, recommended to the agency that it should prohibit the use of certain waters as disposal sites by developments like the Pebble Mine.
The EPA is expected to make a decision regarding whether it will allow the Pebble Mine project to proceed by January 30.
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