Judge deals another blow to Pebble development

Juneau, Alaska--A judge has shot down a federal lawsuit seeking to halt the Environmental Protection Agency’s use of the Clean Water Act to review plans for the Pebble Mine in Alaska.

The Pebble Limited Partnership--the mining company proposing construction of an open-pit gold and copper mine, the Pebble mine, at the headwaters of the Bristol Bay watershed--and the State of Alaska filed suit against the EPA. 

The EPA had recognized the threat to the watershed, which supports the world’s largest runs of sockeye salmon, and invoked its authority under the CWA to review the project. This summer, Seattle-based Region 10 of the EPA released a proposed determination on the project, which was up for public review until Sept. 19. 

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Attempting to halt the process mid-course, Pebble Ltd. and Alaska sued the agency.

On Friday, however, U.S. Federal Judge H. Russel Holland ruled that the EPA’s public review must be allowed to proceed.

While the review is taking place, the U.S. Army Corps of Engineers cannot grant any permits for construction on Pebble, meaning the project cannot move forward.

After collecting the public comments, the next step in the CWA process is for the regional EPA to develop a final determination on limiting waste disposal from the mine, which it will then take to EPA headquarters in Washington. After another consultation with the U.S. Army Corps of Engineers, an EPA official in Washington will make the final call on any prohibitions or restrictions on mining the Pebble deposit.

Local fishermen and environmental groups have protested the development of the Pebble mine for years, claiming it would damage Bristol Bay’s ecosystem. Jewelry retailers also have joined the fight, including Tiffany & Co. and, most recently, BJ’s Wholesale Club, which said, like the other retailers, that it would boycott gold from the mine if it ever was developed.

Mining companies Anglo American and Rio Tinto once were involved in the Pebble mine, but both pulled out. Now, Vancouver, British Columbia-based Northern Dynasty Minerals Ltd. is the sole owner of the Pebble project.