EPA advances proposal that could halt Pebble Mine in Alaska

December 2, 2022

The U.S. Environmental Protection Agency (EPA) has proposed a ban a waste disposal in Alaska’s Bristol Bay that if finalized, would essentially put an end Northern Dynasty Minerals' hopes to mine the massive Pebble deposit.

Alaska Public Media reported that Casey Sixkiller, the Region 10 administrator for the EPA announced that he sent a recommendation to EPA headquarters to protect the area by vetoing the proposed mine.

The ban was first proposed in May after Region 10 concluded that operating the mine – specifically, the dumping or dredge or fill material in waterways – could result in “unacceptable adverse effects” on fish spawning and breeding areas.

More than 600,000 people commented on the proposal. Most opposed the mine, though some tribes near the site favor the project, as does the state of Alaska.

Sixkiller’s move now puts the matter in the hands of Radhika Fox, the assistant EPA administrator for water. Fox could impose the veto, make changes or reject it entirely. She has 60 days to consider it.

“If affirmed by EPA’s Office of Water during the fourth and final step, this action would help protect salmon fishery areas that support world-class commercial and recreational fisheries, and that have sustained Alaska Native communities for thousands of years, supporting a subsistence-based way of life for one of the last intact wild salmon-based cultures in the world,” Sixkiller said in a written statement announcing the action.
Pebble Partnership Chief Executive John Shively said the proposed ban amounts to a massive federal overreach and goes beyond what the Clean Water Act allows.

“Perhaps the most egregious aspect of this entire process is the EPA’s blatant dismissal of, and complete lack of consideration for, the significant economic benefits this project could have for the region and for the state,” Shively said in an emailed statement to Alaska Public Media.
Shively said if the EPA finalizes the veto, it would preclude “any development” on more than 300 square miles.

The project has always faced strong opposition because the deposit sits upstream from Bristol Bay, home to lucrative salmon fisheries. Economists have estimated the fisheries are worth more than $2.2 billion, including the value to subsistence users.

It’s the pristine waters and healthy upland fish habitat that makes a banner harvest like this summer’s possible, said Katherine Carscallen, director of Commercial Fishermen for Bristol Bay.

“Our fishermen were able to deliver 59 million wild sockeye to the market– something that isn’t happening anywhere else in the world,” she said.
The Pebble deposit is on state-owned land, but to develop the mine, the Pebble Partnership would need federal permits under the Clean Water Act.

Under the Obama administration, the EPA regional office also set out to ban the mine. That proposed action was called a “pre-emptive veto,” because it was proposed before Pebble filed for permits.

The “pre-emptive veto” proposal was withdrawn in the Trump administration and the company finally submitted a permit application in late 2017. The U.S. Army Corps of Engineers denied the permits in 2020. Pebble is appealing.

Meanwhile, a coalition of fishermen, tribes, lodge owners and environmental groups has been clamoring for EPA to start a new veto process, to ensure Pebble or another company can’t reapply with a new project design.

The process EPA has to follow to issue a veto is long, with steps that seem to repeat themselves. A regional administrator has to propose a ban, seek public comment, then recommend a ban, and then submit it to headquarters for final approval.



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