The Environmental Protection Agency (EPA) withdrew its proposal for restrictions that would have protected Bristol Bay, Alaska from the Pebble Mine, a gold and copper mine proposed at the headwaters of Bristol Bay’s famous salmon runs.
EPA had called for the restrictions in 2014, after finding that a large-scale mine like the proposed Pebble Mine would have ‘unacceptable adverse effects’ on the water, fisheries and wildlife of Bristol Bay.
In scrapping the proposed determination, EPA said that:
- It believes it is appropriate to defer to the Corps’ decision-making process to sort out the information before deciding whether to initiate a Section 404(c) process based on the full record before the agencies;
- It has determined that it is most appropriate to participate in the 404 permitting processes to address concerns as the record develops rather than continue with a separate 404(c) action initiated in 2014. This approach will ensure that both agencies will be able to consider the full record and engage on issues consistent with their respective roles provided for under the Clean Water Act and EPA’s implementing regulations.
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Instead of using its 404(c) authority to protect Bristol Bay, EPA will depend on a permitting process to elevate the issue within the Army Corps.
Shortly after Donald Trump took office, EPA and Northern Dynasty Minerals settled a lawsuit Northern Dynasty had brought against EPA, challenging its proposed determination.
However, NRDC commented on this development, saying that:
The settlement was an undisguised gift to Pebble
