In this 2007 photo, workers with the Pebble Mine project test drill in the Bristol Bay region of Alaska, near the village of Iliamma. (AP Photo/Al Grillo, File)

In this 2007 photo, workers with the Pebble Mine project test drill in the Bristol Bay region of Alaska, near the village of Iliamma. (AP Photo/Al Grillo, File)

EPA seeks to restart process that could restrict Alaska mine

The long-running dispute is over a proposed copper-and-gold mine in the Bristol Bay region.

  • By BECKY BOHRER Associated Press
  • Thursday, September 9, 2021 11:44am
  • Northwest

By Becky Bohrer / Associated Press

JUNEAU, Alaska — The U.S. Environmental Protection Agency announced Thursday it would seek to restart a process that could restrict mining in Alaska’s Bristol Bay region, which is renowned for its salmon runs.

The announcement is the latest in a long-running dispute over a proposed copper-and-gold mine in the southwest Alaska region.

The U.S. Army Corps of Engineers in November 2020, under the Trump administration, denied key authorization for the proposed Pebble Mine following an environmental review from the agency months earlier that the developer had viewed as a favorable to the project.

In the rejection decision, a corps official concluded the project would “result in significant degradation of the aquatic ecosystem” and that it was “contrary to the public interest.”

The Pebble Limited Partnership, the mine developer owned by Canada-based Northern Dynasty Minerals Ltd., is appealing that determination.

“As the Biden Administration seeks lower carbon emissions for energy production, they should recognize that such change will require significantly more mineral production — notably copper,” Mike Heatwole, a Pebble partnership spokesperson, said in an email. “The Pebble Project remains an important domestic source for the minerals necessary for the administration to reach its green energy goals.”

Restrictions on mining in the region were proposed but never finalized under the Obama administration.

In 2019, during the Trump administration, Matthew Leopold, who was EPA general counsel, directed then-regional administrator Chris Hladick to decide whether to move forward with the proposed restrictions or withdraw them.

Hladick withdrew them and the agency at the time said it was removing what it called an “outdated, preemptive proposed veto of the Pebble Mine” and allowing the project to be vetted through the permitting process.

Earlier this year, a divided appeals court panel, in a case challenging the 2019 action, concluded a regional administrator was allowed to take the actions Hladick did “only if the discharge of materials would be unlikely to have an unacceptable adverse effect.”

The matter was sent back to a lower court to determine if the EPA’s action “was arbitrary, capricious, an abuse of discretion or contrary to law.”

U.S. government attorneys, in a court filing Thursday, said the EPA “acknowledges that it did not address the standard that the Ninth Circuit subsequently determined must be met for withdrawal of a proposed determination.”

The EPA, in a statement, said it is asking the judge to vacate the 2019 action. If granted, it said that would “automatically reinitiate” the review process, through which mine-related activities could be restricted or prohibited.

EPA Administrator Michael S. Regan called the Bristol Bay watershed “an Alaskan treasure that underscores the critical value of clean water in America. Today’s announcement reinforces once again EPA’s commitment to making science-based decisions to protect our natural environment.”

He added: “What’s at stake is preventing pollution that would disproportionately impact Alaska Natives, and protecting a sustainable future for the most productive salmon fishery in North America.”

The EPA has said Bristol Bay supports the world’s largest sockeye salmon runs and that the watershed contains significant mineral resources.

Nellie Williams, Alaska director for Trout Unlimited, one of the groups that sued over the 2019 action, said proposed restrictions would provide “an important layer of protection that makes it much more difficult for the Pebble Partnership, or any other companies in the future, to mine the Pebble ore deposit.”

Northern Dynasty President and CEO Ron Thiessen, in a statement Thursday, said the Pebble project “can be designed, built and operated with industry-leading environmental safeguards while generating significant financial returns over multiple decades.”

The company touted a preliminary economic review it said also looked at potential expansion possibilities and alternative ways to recover gold.

But the statement said neither Northern Dynasty nor the Pebble partnership “has proposed or intends to propose any of these development alternatives in the near-term for regulatory approval.”

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Northwest

Washington State Ferries said it would deploy its new electric ferries first on the Mukilteo-Clinton run. Additional orders are expected to follow to replace more than a dozen other aging vessels in the fleet. (Photo by Tom Banse)
Washington state to buy new hybrid electric ferries from Florida shipyard

Gov. Bob Ferguson made the final call to turn down a higher bid from a local boat builder.

The Washington state Capitol. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
These Washington laws take effect July 1

Fee hikes for hunting and fishing licenses, workplace protections for immigrants and… Continue reading

Washington will have the nation’s third-highest state gas tax behind California and Pennsylvania.(Photo by Bill Lucia/Washington State Standard)
Gas tax will rise in Washington on July 1

Washington’s century-old fuel tax is going up again. On Tuesday, the gasoline… Continue reading

The BEAD program was created under the federal infrastructure law that former President Joe Biden signed in 2021. It was fashioned as a way to expand high-speed internet service into rural areas and other parts of the country where it was unavailable or lacking. (Stock photo)
Feds throw Washington’s $1.2B broadband program into disarray

States spent more than two years preparing to distribute the infrastructure funding, now the Trump administration is making last-minute changes to the rules.

Firefighters undertake a prescribed burn at the Upper Applegate Watershed near Medford, Oregon on Thursday, April 27, 2023. Such burns can help reduce the risk of large wildfires. (Kyle Sullivan, Bureau of Land Management/Flickr)
Trump looks to ‘consolidate’ wildland fire agencies

An executive order signed earlier this month by President Donald Trump would… Continue reading

Photo courtesy of Washington governor’s office
Washington Gov. Bob Ferguson, center, met with several statewide elected officials on Monday to discuss the how federal funding cuts could impact the state.
Tax collections tumble again in latest Washington budget forecast

The decline in receipts will force the state to draw down savings, but Gov. Bob Ferguson said he isn’t ready to summon the Legislature into a special session.

An EV charger in Granite Falls outside of Granite Falls City Hall on Thursday, Aug. 22, 2024 in Granite Falls, Washington. (Olivia Vanni / The Herald)
Seattle judge orders Trump administration to unfreeze EV charger funding

The preliminary court ruling would unlock the money for more than a dozen states, including $71 million for Washington.

Nearly three-quarters of acute care hospital inspections were late, as of December, according to the Joint Legislative Audit and Review Committee. One facility hadn’t gotten a state inspection since early 2018. (Stock photo)
Washington faces major lag in state inspections of hospitals

Washington state inspectors are way behind in their examinations of hospitals and… Continue reading

A classroom inside College Place Middle School in Lynnwood in 2023. New discipline guidelines for public school students will go into effect across Washington state next month. (Annie Barker / The Herald)
Washington updates student discipline rules for public schools

New discipline guidelines for public school students will go into effect across… Continue reading

The Northwest ICE Processing Center in Tacoma, which is one of the largest immigrant detention facilities in the western U.S. (Grace Deng/Washington State Standard)
WA looks to strengthen safety net for children whose parents are deported

Detained immigrant parents worried who will pick their children up from school.… Continue reading

An EV charger in Granite Falls outside of Granite Falls City Hall on Thursday, Aug. 22, 2024 in Granite Falls, Washington. (Olivia Vanni / The Herald)
Seattle judge considers reversing Trump’s EV charger funding freeze

Congress appropriated $5 billion, but the Trump administration stopped it from reaching states. Washington is leading the legal fight to access the money.

Washington’s payouts — known as tort liability — have skyrocketed from $72 million in fiscal year 2018 to more than $281 million last fiscal year. (Stock photo)
Washington state lawsuit payouts skyrocket to more than $500M in past year

Claims against the state’s Department of Children, Youth and Families are driving a spike in cases.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.