State seeks Supreme Court action on EPA’s Pebble Mine decision

ANCHORAGE, Alaska - Alaska’s attorney general has responded to an order from the Environmental Protection Agency’sissued earlier this year, filing a brief to urge the agency to review its decision to prevent development.

The EPA’s final determination on the Pebble Mine project found that the enterprise would be incompatible with the protections established by the Clean Water Act. The EPA has the authority to restrict, prohibit, deny or withdraw permits granted by the Army Corps for work found to be counterproductive to the conservation efforts of the Clean Water Act.

“The preemptive veto is alarming,” Taylor said. “If EPA can rely on undefined terms and subjective standards instead of sound science to bypass the regular State and federal permitting processes here, it can do it anywhere, from large mining projects such as this, down to a family building their dream home. It’s an indefensible and unprecedented power grab that the U.S. Supreme Court should find unlawful.

Opponents of Pebble Mine, including the Bristol Bay Defense Fund, called the filing a “radical Hail Mary” that “ignores long established procedural rules regarding challenges of agency actions”.

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